Child Care – Part 4

Last week we looked at the emergency protection which would be accorded a child who is in urgent need of care and protection. This week we look at the different child care orders that could be given when an application is made to the Court by the Director.{{more}}

When the Director applies to the court for an order he or she must present the grounds for the order. It must state the type of order being sought, that is, whether it is an interim or a final order. The Director can ask the Court for a supervision or a care order. However, the Court may make an order for an undertaking, for provision of support services, therapeutic or treatment programme, compulsory assistance or a contact order.

Supervision order

This is only required where there is a need for continuous supervision and it can be given along with other orders. The child would remain with the parents while a suitable person chosen by the Director would supervise him and provide services that are needed. The order is given by the court after an inquiry into the circumstances of the child. It would only be given if the Court is satisfied that the child is suffering or likely to suffer abuse in particular when the current arrangement is attributed to the harm or abuse. It would also give consideration to a child who is beyond parental control. A supervision order would be given for a year in the first instance and could be extended for a period not exceeding one year. A written report from the Director is required in considering any extension as the court must be informed of the success or failure of the plan. The court can on its own motion give an extension for six months after listening to all parties concerned.

The supervisor is required to be a mentor to the child. He or she would advise the parent, take reasonable steps to reduce the harm and make plans for the future of the child. This plan would be made in consultation with the parent and the child.

The supervisor will arrange for periodic meetings with the parents and child where they would discuss the welfare and safety of the child.

Care orders

A care order could be made where there is no parent available because of death or incapacity. It could be allowed where the parents are having serious problems in caring for the child or the child is likely to be abused. A care order will also be given if the child is likely to suffer development impairment in his or her environment. This type of order may also be considered where certain basic physical, psychological or emotional needs are not being met.

In presenting an application for a care order, the Director has to put before the court a care plan which would provide the care and protection required for the particular child.

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