Child Care Part 3

Child Care is an important part of the OECS model Family legislation. So far we have looked at the role of the director, mandatory reporting and the protection the law provides for those who report. We also indicated that the director will launch an investigation whenever a report is made. It is on the basis of the information collected that an assessment is made.{{more}}

Assessment

To collect the information on which an assessment could be made requires an investigation into the medical health, social, educational, economic and residential factors affecting the child. There must be a visit to the residence and interviews with all concerned, including the parents or person in charge of the child. Information could also be collected from health care centres, schools or any learning institution that the child attends. Anyone who obstructs the director in his investigative duties commits an offence and is liable on summary conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding three months. If in his assessment the director thinks that the child is in need of care and protection, the director can tap the resources that are available to provide certain services for the child or his family.

Emergency Protection

If the child’s health or safety is in danger and the director has reasonable grounds to believe so, he can with the help of a police officer remove a child from the hot spot and take him into custody. The Director may obtain a warrant from the court to remove the child, especially where the parent is refusing entry to the premises. Where the director assumes responsibility for a child who has been removed from his home there must be prompt action to go before the court to secure the court’s sanction. The court may order protection order or care plans. The order of court could also prohibit persons, including the parent, from contact with the child. This type of order is given for a period of fourteen days and may be extended for a maximum of fourteen days.

Care Responsibility

When the court makes an order for care plan, the responsibility of the child is shifted from the parent to the Director. The Director must make arrangements for the child to be housed in approved facilities or for child care services. If there are reliable relatives, then the responsibility for care could be delegated to them or a specific person

The care responsibility would require decisions to be made pertaining to medical treatment. The person who assumes responsibility must have the treatment approved by a medical practitioner. Decision for surgery must be made by the caregiver but with the written approval of a medical practitioner. The person named by the court is responsible for the general supervision, including the day-to-day care of the child.

End of Care responsibility

When the care responsibility comes to an end, the child could be discharged with or without an undertaking by the child or the parent. It is given in writing and signed by the person taking it.

Ada Johnson is a solicitor and barrister-at-law.
E-mail address is: exploringthelaw@yahoo.com