Child Care Legislation

This bit of legislation is long overdue because there has been no substantial provision for children and in particular for those who have been neglected. The OECS model family legislation based on the United Nations provision for children will help to provide in a more tangible way for many unfortunate children.{{more}}

Best Interest of the child

As it stands, the bill provides for the care and protection of children by providing a number of services for the children who are in need of the same. It has as its stated purpose the protection of children from abuse and neglect, and above all it expects to ensure the best interests of the child. In determining the best interest of the child it focuses on both the child and the parent and their relation.

With respect to the child, consideration would be given to the safety, the physical, mental and emotional development of the child. In decision making the views of the child will be considered where appropriate.

Consideration will be given to “the capacity of the parent to properly discharge parental obligation to the child.” It will look at whether or not the parents can provide a secure place for the child and will consider the relationship, the love affection and ties between them. Where the child has no parent it will look at the ability of other persons to carry out parental duties.

Principles in administering the legislation

The words safety, welfare and well-being provide the underpinning for the administrative process. Hence where any decision is made, for example, to protect the child from harm, it would take into consideration the method that would cause the least upheaval in his or her life. Where the child has to be removed from his or her own home, consideration would be given to a home that would be “safe, nurturing and stable”.

The Directorate

The directorate will be responsible for carrying out all services pertaining to the child. The Minister shall promote “a partnership between government, non-governmental agencies, families, corporation, business agencies and the community in taking responsibilities for and dealing with children” The office of the directorate will consist of a Director and qualified staff.

A child in need of care and protection

How can one identify a child who is in need of care and protection?

If the child suffers harm because of neglect and failure on the part of the parent to carry out his or her duties, or if there is abuse by the parent or other person either sexually, physically or emotionally, then the office would need to get into action, A child who has been abandoned or who requires medical physical, psychological treatment must come under the watchful eyes of the directorate.

Ada Johnson is a solicitor and barrister-at-law.

E-mail address is: exploringthelaw@yahoo.com