Senate Passes Amendments to Child Care and Protection Act

The Senate on Friday (September 29) passed the Child Care and Protection (Amendment) Act, to bring an end to locking up children who have not committed a criminal offence but who have been deemed uncontrollable.

Amendment of the Act includes the repeal of Section 24 (2), which will enable Jamaica to become compliant with obligations under notable international treaties on child justice and child rights and establish a fairer and more equitable means of treating with cases involving children exhibiting behavioural challenges, thereby promoting the best interest of the child.

The legislation was passed without amendment.

Piloting the Bill, Minister of Foreign Affairs and Foreign Trade and Leader of Government Business in the Senate, Senator the Hon. Kamina Johnson Smith said it complements the Government’s work to improve the administration of institutions that support children and families, primarily the Child Protection and Family Services Agency (CPFSA).

She said that it will also improve the operations and tools available to the CPFSA to support the nation’s children.

“The bill seeks to address the long-vexed Section 24 issue. It seeks to extract it from the other parts of the review and focus on ensuring that a more therapeutic approach in the best interest of our children is not only in existence, but it is embedded in the law,” Senator Johnson Smith stated.

During the 2022/23 fiscal year, the National Children’s Registry received 6395 behavioural incidents reports relating to children between the ages of 14 to 17.

“To say what happens now with those reports, they are routed to an investigation unit and then they are further referred to the Children and Family Support Unit (CFSU) of the CPFSA. Most children who are treated by the CFSU are able to remain with their families during the course of the necessary intervention,” the Minister said.

She noted however, that for some who are identified as having severe problems, there is the need for residential treatment, which, in the absence of a suitable alternative facility, invariably has caused and causes these children to be placed under a correctional order and then incarcerated in the care of the Department of Correctional Services (DCS).

“Where a correctional order is used for children who do not commit crimes, that’s an injustice against the child because they are more likely than not exhibiting the result of trauma, neglect, suffering… and what they need is psychological treatment,” Senator Johnson Smith said.

She informed that in 2012, the population of children in correctional services exceeded 400, noting that with efforts by the Ministries of Education and Youth, Justice and National Security, they have reduced that as of July of this year to 260.

“The Bill proposes to amend sections eight, 13, 14, 24 and 76, as well as the fifth schedule of the principal Act. The proposed amendments together seek to bring an end to locking up children who have not committed a crime. The amendments include provisions for the court to issue an interim order,” Senator Johnson said.

“They allow for a non-residential therapeutic order [and] for a residential therapeutic order. Just to be clear, the residential therapeutic order means that the child should be placed in a designated treatment centre for treatment and the non-residential means that they child can attend a therapeutic treatment centre daily, or as required, to access treatment and this will put in place a holistic system for treatment of children with behavioural challenges,” she added.

Meanwhile, in her contribution to the debate, Government Senator, Saphire Longmore has called for the death penalty to be imposed on persons convicted of killing children.

Other contributors to the debate included Opposition Senators, Damion Crawford, Sophia Fraser Binns, Floyd Morris, and Minister without Portfolio in the Ministry of Economic Growth and Job Creation, Senator the Hon. Matthew Samuda.

The legislation also provides that a Children’s Court before which any child is brought under Part I of the Act, other than a child alleged to have committed an offence, may order that the child be placed under the care of a children’s officer for a specified period not exceeding three years (instead of a probation and after-care officer as currently obtains under the Act).