2023 CHILDREN ACT 12 (CARE AND ADOPTION)
COMMONWEALTH OF DOMINICA
ARRANGEMENT OF SECTIONS
SECTION
PRELIMINARY
1. Short title and commencement. 2. Interpretation. 3. Primary purpose of Act.
PART I ADMINISTRATION OF THE ACT
4. Principles to be applied in the administration of this Act. 5. Participation of child in decisions. 6. Functions of the Minister. 7. Office of Director of Social Services. 8. Functions of the Director. 9. Director’s request for services from other agencies.
10. Delegation. 11. Committees
PART II CARE AND PROTECTION OF CHILDREN
12. Children in need of care and protection. 13. Request for assistance from parent or child.
PART III REPORTING
14. Mandatory reporting. 15. Records of reports and subsequent action. 16. Protection of persons who make reports.
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PART IV INVESTIGATION AND ASSESSMENT
17. Conduct of initial investigation and assessment. 18. Matters for consideration. 19. Action taken by Director. 20. Decision against taking action. 21. Principles of intervention. 22. Alternative dispute resolution. 23. Development and enforcement of care plans. 24. Application for certain orders.
PART V EMERGENCY PROTECTION
25. Removal of child. 26. Prompt application to court for a care order. 27. Emergency protection order. 28. Care responsibility of child removed from parents. 29. Care responsibility. 30. Care responsibility by Director. 31. Discharge of child from care responsibility of Director.
PART VI ASSESSMENT ORDERS
32. Making of assessment order. 33. Matters for consideration in making assessment order. 34. Information concerning assessment. 35. Report of assessment.
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PART VII ORDERS FOR THE CARE AND PROTECTION OF
A CHILD
36. Application for care order. 37. Evidence of prior alternative action plan . 38. Notification of care applications. 39. Leave to withdraw application. 40. Court not limited by terms of care application. 41. Interim care orders. 42. Consideration of necessity for interim care orders. 43. Supervision and care orders. 44. Grounds for making a care order. 45. Purpose of the care order. 46. Duration and review of care order. 47. Care orders for a child care service. 48. Duty to enforce care order. 49. Parental responsibility vested in person in charge of child
care service. 50. Special duties of Director in relation to care orders. 51. Application for supervision order. 52. Supervision order. 53. Duties of a supervisor while a supervision order is
inforce. 54. Requirements of supervision order. 55. Duration of supervision order. 56. Director to enforce supervision order. 57. Care plans. 58. Requirement to consider care plan. 59. Child and family assessment report. 60. Other order which may be made by the Court. 61. Order accepting undertakings. 62. Order for the provision of support services. 63. Order to attend therapeutic or treatment programme. 64. Compulsory assistance order. 65. Contact order. 66. Orders with significant impact on persons.
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67. Preparation and requirements of permanency plan. 68. Provision of services to facilitate restoration. 69. Review of permanency plan. 70. Costs. 71. Final orders to be given to parties. 72. Variation and revocation orders.
PART VIII CHILD CARE SERVICES
73. Principles. 74. Conditions for foster care placements. 75. Responsibility of parent of child in foster care. 76. Visits to child in foster care. 77. Persons prohibited from receiving a foster child. 78. Removal of foster children kept in unsuitable premises
or by unsuitable persons. 79. Notice to be given of change of residence. 80. Foster parent to give notice. 81. Designated child care services. 82. Purpose of approved child care service. 83. Parental responsibility at child care service. 84. Contact with parents and relatives. 85. Application for recovery order. 86. Recovery order. 87. Escape from a child care service. 88. Court’s power to order parent to contribute.
PART IX ADOPTION COMMITTEE
89. Establishment of Adoption Committee. 90. Terms of appointment. 91. Conduct of meetings of the Adoption Committee. 92. Secretary to the Adoption Committee. 93. Office of the Adoption Committee.
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94. Oath or Affirmation of Secrecy . 95. Functions of the Adoption Committee.
PART X PLACEMENT OF A CHILD FOR ADOPTION
96. Placement of a child for adoption. 97. Persons who may apply for adoption order. 98. Application and assessment for placement. 99. Decision by the Adoption Committee.
100. Review of decision of Adoption Committee. 101. Appointment of review panel. 102. Functions of review panel. 103. Adoption Committee to review decision. 104. Adoption List. 105. Adoption Committee to have regard to Adoption List. 106. Duties of Adoption Committee prior to placement. 107. Supervision of placement. 108. Consent to be obtained prior to adoption. 109. Form of consent. 110. Dispensing with consent. 111. Withdrawal of consent. 112. Withdrawal of consent given outside of Dominica. 113. Withdrawal of consent by the Court. 114. Transfer of care responsibility or custody to Adoption
Committee. 115. Adoption Committee as guardian of child. 116. Transfer of care responsibility during placement. 117. Release from child care service for adoption.
PART XI ADOPTION PROCEEDINGS
118. Application for adoption order. 119. Time for making application.
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120. Notice of application to Adoption Committee. 121. Documents required to be filed with application. 122. Confidentiality. 123. Hearing. 124. Interim adoption order. 125. Adoption order. 126. Duties of Court . 127 Effect of adoption order.
128. Revocation of adoption on marriage of biological parents. 129. Change of name.
PART XII INTER-COUNTRY ADOPTIONS
130. Approval for inter-country adoptions. 131. Exception. 132. Memoranda of Understanding. 133. Provision and exchange of information.
PART XIII REGISTRATION OF ADOPTION ORDERS
134. Adoption Register or other registers. 135. Post Adoption Register.
PART XIV OFFENCES
136. Making of payment prohibited. 137. Contravening placement requirements. 138. Advertising. 139. Making a false statement. 140. Confidentiality of information. 141. Releasing confidential information to unauthorised
person. 142. Offences.
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PART XV MISCELLANEOUS
143. Limitation of liability. 144. Appeals. 145. Rules of Court. 146. Regulations.
PART XVI REPEAL AND TRANSITIONAL PROVISIONS
147. Repeal. 148. Transitional.
SCHEDULE Oath of Secrecy. Affirmation of Secrecy.
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COMMONWEALTH OF DOMINICA
ACT NO. 12 OF 2023.
I Assent
CHARLES A. SAVARIN President
9th May, 2023
AN ACT TO PROVIDE FOR THE CARE AND PROTECTION OF CHILDREN, OPERATION OF ADOPTION SERVICES AND FOR RELATED MATTERS.
BE IT ENACTED by the Parliament of the Commonwealth of Dominica as follows :
(Gazetted 11th May, 2023).
PRELIMINARY
1. (1) This Act may be cited as the -
CHILDREN (CARE AND ADOPTION) ACT, 2023.
Short title and commencement.
LS
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(2) This Act shall come into operation on a date fixed by the Minister by Order published in the Official Gazette.
2. (1) In this Act -
“abuse” includes -
(a) physical abuse;
(b) sexual abuse;
(c) verbal abuse;
(d) emotional abuse referred to in subsection (2);
(e) psychological abuse referred to in section 12; and
(f) financial abuse;
“adopted child” means a child adopted under this Act or the former Act;
Adoption Committee” means the Adoption Committee established under section 89;
“Adoption List” means the list established and maintained under section 104;
“Adoption Register” means the Adoption Register maintained by the Registrar General under section 134;
“adoptive parent” means a person to whom an order for adoption has been granted under section 125 or the former Act;
“alternative action plan” means any plan -
(a) that sets out the way in which the needs of the child are proposed to be met, having regard to the breakdown in the relationship between the child and his or her parents; and
Interpretation.
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(b) that may include proposals concerning -
(i) the allocation of parental responsibility or specific aspects of parental responsibility;
(ii) residential arrangements;
(iii) supervision;
(iv) contact arrangements;
(v) education and training;
(vi) medical care; or
(vii) the provision of services;
“attorney-at-law” means a person who has been admitted to practice law in Dominica;
“biological father” includes a man who -
(a) is biologically the father of a child;
(b) has been adjudged to be the father of a child; or
(c) is presumed to be the father of a child under the Status of Children Act 2023;
“biological mother” includes a woman who -
(a) gave birth to a child; or
(b) is a mother as a result of artificial conception procedures under the Status of Children Act 2023;
“biological parent” means a biological mother or a biological father;
“care application” means an application for a care order made under section 36;
“care order” includes a contact order and an order made by a
No. 4 of 2023.
No. 4 of 2023.
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Court, to place a child in the care and under the protection of a person or an authority, under this Act;
“care plan” means a plan developed by the Director under section 57;
“care responsibility” means the authority of a person to exercise the functions specified in section 29 in relation to a child;
“child” means a person who is under the age of eighteen years;
“child care service” includes -
(a) a boarding home;
(b) a group home;
(c) a foster home;
(d) a residential care;
(e) a training centre or training school;
(f) an assessment centre;
(g) a children’s home; or
(h) any similar service;
designated by the Minister under section 81;
“consent” in relation to adoption, means the permission given unconditionally and with full understanding of what is involved and a person may consent to the adoption without knowing the identity of the person in whose favour the adoption order will be made;”couple” means a man and a woman -
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(a) who are married to each other; or
(b) who are not married to each other, but are cohabiting in a relationship of some permanence.
“Court” means the Magistrate’s Court; “custody” means the legal authority and responsibility for physically
possessing a child and providing for the normal daily requirements related to the care and development of the child;
“Director” means the Director of Social Services;
“domestic violence” has the meaning assigned to it in section 2 of the Domestic Violence Act, 2023;
“financial abuse” includes a pattern of behaviour of a kind, the purpose of which is to exercise coercive control over, or exploit or limit a child’s access to financial resources so as to ensure financial dependence or defrauding a child of goods or property;
“foster care” means the assuming of temporary care, maintenance and parental obligation by an approved foster parent in respect of a foster child with a view to returning the child to his or her biological parent;
“foster child” means a child who has been identified by the Director as suitable for foster care;
“foster parent” means a person approved to receive and provide temporary care for a foster child;
“former Act” means the Adoption of Infants Act;
“guardianship” means the legal responsibility and authority for making decisions with respect to a child;
Chap. 37:03.
No. 8 of 2023.
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“home study assessment” means an assessment conducted by the Adoption Committee on a single person or a couple who makes an application under section 98;
“legal guardian” in relation to a child, means a person who has been appointed by deed or will, or by order of a court of competent jurisdiction, with the legal responsibility and authority, to care for the personal and property interests of a child;
“Medical practitioner” means a person registered under the Medical Act or an Act replacing it;
“Minister” means the Minister with responsibility for social services;
“parent” includes -
(a) a biological or adoptive parent who has the parental responsibility for the child;
(b) a person who has stood in loco parentis to a child for a period of not less than one year and who has a continuing relationship with the child; or
(c) a legal guardian of the child who has custody or guardianship rights for the child;but does not include a person acting as care giver on behalf of the Director;
“parental responsibility” means the duties, powers, rights, responsibilities and authority; which by any law, the parent of a child has in relation to that child;
“permanency plan” means a plan referred to in section 67;
“physical abuse” the intentional non-accidental use of physical force by a person having authority, care or custody over a
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child aimed at hurting or injuring the child or causing bodily harm;
“police officer” means a member of the Dominica Police Force;
“prescribed” means prescribed by Regulations;
“prospective adoptive parent” means a single person or a couple approved by the Adoption Committee in accordance with section 99;
“Registrar General” means the Registrar General of Births and Deaths appointed under the Registration of Births and Deaths Act;
“relative” in relation to a child, means a parent, grandparent, brother, sister, uncle or aunt of the child, whether the relationship is by blood, affinity or adoption;
“resident” means a person who is ordinarily resident in Dominica;
“removal” means the taking of a child and placing the child in the care and protection of the Director under this Act;
“sexual abuse” includes the sexual exploitation or molestation of a child, or the involvement of a child in unlawful sexual activity, prostitution or pornography;
“supervision order” means an order made by the Court under section 52;
“supervisor” includes the Director and a person appointed by the Director under section 51(2); and
“verbal abuse” includes negative defining statement to the child or about the child, or any statement of disapproval which is undeserved and which is likely to cause lasting scars.
Chap. 35:20.
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(2) For the purposes of this Act “emotional abuse” exists where a child -
(a) has suffered, is suffering or is likely to suffer in a way that has caused, is causing or is likely to cause significant harm to his or her well-being or development; or
(b) is being or is likely to be exposed to conduct that is domestic violence and the exposure causes, is causing or is likely to cause significant harm to the psychological or emotional well-being or development of the child.
3. (1) The primary purpose of this Act is to provide for -
(a) the care and protection of a child from abuse and neglect in a manner that ensures that the best interests of the child are given paramount consideration; and
(b) the adoption of a child in Dominica in a way that -
(i) promotes the well-being and the best interests of the adopted child throughout his or her life; and
(ii) supports efficient and accountable practice in the delivery of adoption services.
(2) In determining what is in the best interests of a child, the Director or the Court shall have regard to all relevant considerations including -
(a) the safety of the child;
(b) the capacity of the parent of the child to properly
Primary purpose of Act.
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discharge his or her parental responsibilities with respect to the child;
(c) the physical, mental and emotional needs of the child, and the appropriate care or treatment required to meet those needs;
(d) the physical, mental, emotional or psychological development of the child;
(e) where appropriate, the views of the child;
(f) the need to provide a secure place for the child and the development of a positive relationship as a member of a family;
(g) the love, affection and ties between the child and other persons in the life of the child;
(h) the capacity of a person other than a parent to exercise custody rights and duties respecting a child; and
(i) the continuity of the care for the child and the possible effect of disruption of that care on the child;
(j) any disability which the child may have;
(k) any wishes expressed by either one or both parents of the child;
(l) the relationship that the child has with his or her biological parents or siblings, if any and any significant other person including a relative where this is considered to be relevant;
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(m) the physical, emotional and educational needs of the child, including the child’s sense of personal, family and cultural identity;
(n) the child’s age, maturity, level of understanding, gender, background and family relationships and other characteristics of the child where this is considered to be relevant;
(o) the attitude of a person wishing to adopt the child towards the child and to parental responsibilities;
(p) the nature of the relationship of the child with the person wishing to adopt the child;
(q) the suitability and capacity of the person wishing to adopt the child, to provide for the needs of the child, including the child’s emotional and intellectual needs;
(r) the need to protect the child from abuse;
(s) any wishes expressed by the child;
(t) the likely effect on the child throughout his or her life of having ceased to be a member of his or her biological or original family and become an adopted child;
(u) any harm which the child has suffered or is at risk of suffering; and
(v) the likely prejudicial effect in the delay in arriving at a decision relating to a child; and
(w) any alternatives to the making of an adoption order and the likely effect on the child in both the
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short and long term of changes in the circumstances of the child caused by adoption, so that adoption is determined among all alternative forms of care to best meet the needs of the child.
PART I ADMINISTRATION OF THE ACT
4. (1) The principles to be applied in the administration of this Act include the following -
(a) in all actions and decisions made under this Act, whether by legal or administrative process, concerning a child, the safety, welfare and well- being of the child are the paramount consideration, and the safety, welfare and well-being of a child who has been removed from his or her parents are paramount over the rights of the parents;
(b) if a child is able to form his or her own views on a matter concerning his or her safety, welfare or well-being, he or she shall be given an opportunity to express those views freely and those views are to be given due weight in accordance with the developmental capacity of the child and the circumstances;
(c) in deciding what action it is necessary to take, whether by administrative or legal process, in order to protect a child from harm, the course to be followed shall be the least intrusive intervention in the life of the child and his or her family, that is consistent with the paramount concern to protect the child from harm and to promote the development of the child;
(d) if a child is temporarily or permanently deprived
Principles to be applied in the administration of this Act.
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of his or her home or environment or cannot be allowed to remain in that environment in his or her own best interest, the child is entitled to special protection and assistance from the Government and his or her own name and identity shall, where possible, be preserved;
(e) if a child is placed in a child care service, arrangements shall be made, in a timely manner, to ensure the provision of a safe, nurturing, stable and secure environment, recognising the child’s circumstances and that, the younger the age of the child, the greater the need for early decisions to be made in relation to a permanent placement; and
(f) if a child is removed from the home of his or her parents under this Act, whether temporarily or permanently, the child is entitled to a safe, nurturing, stable and secure environment and unless it is contrary to his or her best interests, and taking into account the wishes of the child, this may include the retention by the child of relationships with people significant to the child, including his or her biological or adoptive parents, siblings, extended family, peers, family friends and community.
(2) A person who is involved in the making of a decision with respect to the adoption of a child shall have regard, as far as practicable or appropriate, to the principles in subsection (1) and to the following-
(a) adoption is to be regarded as a service for the child, not for a person wishing to acquire and care for the child;
(b) a person does not have the right to adopt a child;
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(c) if a child is able to form his or her own views on a matter concerning his or her adoption, he or she shall be given an opportunity to express those views freely and those views are to be given due weight in accordance with the age, maturity, developmental capacity of the child and the circumstances; and
(d) the given name of a child, identity, religious ties and cultural identity shall, as far as possible, be identified and preserved.
5. (1) In order to ensure that a child is able to participate in decisions that are likely to have a significant impact on the life of the child, every person who participates in the process shall ensure that the child is provided with the following -
(a) adequate information, in a manner and language that he or she can understand, concerning the decisions to be made, the reasons for the intervention of the Director, the ways in which the child may participate in the decision making and any relevant complaint mechanisms;
(b) the opportunity to express his or her views freely, according to his or her abilities, age, maturity and developmental capacity;
(c) any assistance that is necessary for the child to express his or her views;
(d) information as to how the views of the child will be recorded and taken into account;
(e) information with respect to the outcome of any decision concerning the child and an explanation of the reasons for the decision; and
Participation of child in decisions.
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(f) an opportunity to respond to a decision made concerning the child.
(2) For the purposes of this section, decisions that are likely to have a significant impact on the life of a child include -
(a) any plans for emergency or ongoing care, including placement of the child;
(b) the development of a care plan concerning the child;
(c) court applications concerning the child;
(d) the review of a care plan concerning the child;
(e) the provision of counselling or treatment services; or
(f) any contact with a parent, relative or other persons connected with the child.
6. (1) The function of the Minister is to have the overall administration of this Act.
(2) Without limiting the generality of subsection (1), the Minister may -
(a) establish goals, objectives and guidelines for the delivery of child care and protection;
(b) promote a partnership approach between the Government and agencies or corporations respecting the care and protection of children;
(c) enter into agreements and establish procedures and protocols aimed at promoting the care and protection of children and ensure that the agreements, procedures and protocols are
Functions of the Minister.
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implemented; and
(d) ensure that there is coordination between Government and non-governmental agencies in matters relating to child care and protection and adoption.
7. Notwithstanding section 6, the office of the Director of Social Services within the Ministry responsible for social services shall assist the Minister in the administration of this Act.
8. (1) Subject to the direction of the Minister, the Director shall provide for the care and protection of children by promoting the development, adoption and evaluation of policies and procedures that accord with the purposes of this Act.
(2) Without prejudice to subsection (1), the Director shall -
(a) promote and safeguard the safety, welfare and well-being of a child;
(b) assess and investigate or cause an assessment to be undertaken or reports to be assessed and investigated under Part IV;
(c) oversee the operation and delivery of child care services;
(d) establish, with the approval of the Minister, policies and procedures respecting all aspects of child care services;
(e) provide consultation and direction to relevant authorities respecting child care services under this Act;
Office of Director of Social Services.
Functions of the Director.
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(f) establish procedures for the delegation of his or her duties and to establish policies respecting the direction and supervision of the delegation;
(g) advise the Minister and other persons on matters relating to child care services, programmes, facilities and resources necessary to carry out the requirements of this Act;
(h) determine in association with the Adoption Committee the manner in which a child is selected for adoption;
(i) establish guidelines for the conduct of negotiations entered into by the Adoption Committee with a parent who wishes to have the child selected by the Adoption Committee to be placed for adoption under this Act;
(j) receive applications for adoption made under this Act on behalf of the Adoption Committee and assist the Adoption Committee in the conduct of the necessary investigation required under this Act with respect to the adoption of a child;
(k) make arrangements for and in relation to the placement of a child;
(l) take appropriate measures to ensure confidentiality of the records of a child, and the parent of a child;
(m) issue guidelines to child care services in giving effect to this Act; and
(n) perform any other duties as may be necessary to carry out the provisions of this Act or as may be determined by the Minister.
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9. (1) In deciding what action should be taken to promote the care, protection, safety, welfare and well-being of a child, the Director may request a government department or agency in receipt of government funding or any other person that promotes the care and protection of children, to provide services to a child or the family of the child.
(2) A government department, an agency or a person to which a request is made under subsection (1), shall use his or her best endeavours to comply with the request.
(3) In determining the most appropriate government department, agency or person to which a request for services may be made, the Director shall consider whether the request -
(a) is consistent with the responsibilities of the Government department, agency or person; and
(b) would prejudice the discharge of the functions of the Government department, agency or person.
(4) If a Government department, an agency or any person to which a request is made under subsection (1) is not able to comply with the request, the Government department, agency or person shall notify the Director in writing and shall include the reasons for non-compliance in the notice.
10. (1)The Director may delegate his or her functions to a staff member of the Social Services Department or to any other person.
(2) Notwithstanding subsection (1), the Director shall not delegate the power of delegation under this Act.
(3) The Director or a child care service having the care responsibility for a child may delegate that responsibility to a relative of the child or other person approved by the Director.
Director’s request for services from other agencies.
Delegation.
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11. The Minister may establish and appoint the members of - (a) an Advisory Committee -
(i) to review the provisions of this Act and the services performed under this Act; and
(ii) to report to the Minister concerning the operation and administration of this Act and whether or not the principles and purposes of this Act are being achieved; and
(b) any other Committee,to assist the Director in the exercise of his or her duties under this Act.
PART II CARE AND PROTECTION OF CHILDREN
12. (1) A child is in need of care and protection where the child -
(a) has suffered harm or is likely to suffer harm caused by -
(i) the neglect of the child;
(ii) the failure of the child’s parent to adequately supervise or protect the child; or
(iii) the failure of the child’s parent to provide for the adequate supervision or protection of the child;
(b) has been abused or is likely to be abused by his or her parent or by another person and the parent knew or ought to have known of the possibility of
Committees.
Children in need of care and protection.
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the abuse of the child and the parent failed to protect the child;
(c) has been harmed or is likely to be harmed as a result of being sexually or otherwise exploited for the purposes of prostitution and the parent has failed or has not been able to protect the child;
(d) has suffered or is likely to suffer physical, emotional or psychological abuse caused as a result of being exposed to domestic violence by or towards a parent or other person residing with the child;
(e) requires specific medical, physical, emotional or psychological treatment to cure, prevent or ameliorate the effects of a physical or emotional condition or abuse suffered, and the parent does not, or refuses to obtain treatment or is unavailable or unwilling to consent to services for treatment to remedy or to ameliorate the effects of the condition;
(f) has been abandoned, or is likely to be abandoned or the only parent of the child has died or is unavailable, unwilling to take custody of the child, and adequate provisions have not been made for the care of the child;
(g) suffers from a mental, emotional, physical or developmental condition, that, if not addressed, could seriously harm the child and the parent does not, or refuses to obtain treatment or is unavailable, unwilling or unable to consent to services or treatment to remedy or ameliorate the effects of the condition;
(h) is less than twelve years old and has contravened the law;
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(i) is exposed to moral danger;
(j) is beyond the control of his or her parent or guardian;
(k) is destitute or is wandering without any settled place of abode and without visible means of subsistence;
(l) is begging or receiving alms;
(m) frequents the company of persons of undesirable character;
(n) is in the custody of the Director, a child care service or another person and the parent of the child refuses or is unable to resume custody of the child; or
(o) where the parent or guardian of the child is prevented by -
(i) reason of mental or bodily disease;
(ii) infirmity or other capacity; or
(iii) any other circumstances;
from providing for his or her up-bringing, and there is no available person capable, fit or willing to undertake the care of the child.
(2) A police officer or any other person having reasonable grounds for believing that a child is in need of care or protection may seek the assistance of the Director for the care or protection of the child.
(3) In this section “neglect of a child” means the failure
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of a parent of the child to provide the child with adequate care and guidance or other acts or omission by the parent with respect to a child that are not in the best interests of the child or likely to be harmful to the child.
13. (1) A parent has responsibility for a child unless it is not in the best interests of the child that the parent has responsibility for that child.
(2) A parent or a child may request assistance from the Director -
(a) if there is a serious or persistent conflict between the parent and the child of a nature that the safety, welfare or well-being of the child is in jeopardy; or
(b) if the parent is unable or the child determines that the parent is unwilling to provide adequate supervision for the child to an extent that the safety, welfare or well-being of the child is in jeopardy.
(3) In responding to a request made under subsection (2), the Director shall consider the appropriateness of providing or arranging for the provision of any assistance as is necessary -
(a) to enable the parent and the child to resolve the conflict between them without recourse to legal proceedings;
(b) to ensure that the child is adequately supervised; or
(c) to enable the child and his or her parent to have access to appropriate services.
Request for assistance from parent or child.
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(4) In making provision for the receipt of any assistance under subsection (3), the Director shall ensure that the child, if sufficiently mature, has been counselled about the assistance necessary to resolve the conflict with his or her parent and has given consent to the assistance.
(5) If the Director is of the opinion that, despite the assistance provided under subsection (3), the safety, welfare or well-being of the child continues to be in jeopardy, the Director shall cause the child to be brought before the Court.
(6) Where the Court is satisfied that -
(a) the child cannot be controlled by a parent;
(b) it is in the best interests of the child; and
(c) the parent understands the results which will follow from and consents to the making of the order,
the Court may place the child under the supervision of the Director or some other person appointed by the Court, for a period not exceeding three years or may make an order under Part VII for the care and protection of the child.
(7) The Court may extend the period of placement under subsection (6) for a period the Court considers appropriate, but the extended period shall not exceed one year.
PART III REPORTING
14. (1) This section applies to -
(a) a health practitioner registered under the Medical Act;
Mandatory reporting.
Chap. 39:02.
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(b) a nurse registered under the Nurses Registration Ordinance;
(c) an administrator of a health, medical or hospital facility;
(d) a school principal, teacher, guidance counsellor or other teaching professional;
(e) an owner, operator or employee of a child care service;
(f) a guidance counsellor;
(g) a police officer;
(h) a member of the clergy;
(i) a welfare officer, probation officer, social worker or other social service professional;
(j) a parent or legal guardian;
(k) a person who by virtue of his or her employment or occupation has a responsibility to discharge a duty of care towards a child;
(l) a person who holds a management position in an organisation, the duties of which include direct responsibility for, or direct supervision of, the provision of health care, welfare services, social services, education, child care services, law enforcement, legal, transportation or other services wholly or partly to children; and
(m) a person who provides health care, welfare services, social services, education, child care
CAP. 152
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services, law enforcement, legal or other services wholly or partly to children.
(2) If a person to whom this section applies has knowledge or has reasonable grounds to suspect that a child is in need of care and protection under section 12, that person shall -
(a) immediately report or cause to be reported, such need to the Director, or to a police officer and welfare officer who shall report the information to the Director; and
(b) provide the Director with any additional information as is known or available to the person.
(3) Subsection (2) applies, despite the confidential nature of the information on which the report is based, but nothing in this section abrogates any attorney-at-law client privilege.
(4) A report made under subsection (2) may be made anonymously.
(5) A person who -
(a) fails to comply with subsection (2); or
(b) falsely and maliciously reports information to the Director, indicating that a child is suffering significant harm or is suspected of suffering significant harm,
is guilty of an offence and is liable on summary conviction to a fine of five thousand dollars or to imprisonment for three months.
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15. (1) The Director shall keep a record of -
(a) all reports made to or by the Director;
(b) any action taken under this Act, as a consequence of a report received under section 14; and
(c) any disposition of and dealings with a child to whom the report and action referred to in paragraph (b) relate.
(2) The record of reports to be kept under subsection (1) shall be kept as prescribed.
16. (1) If a person makes a report under section 14, in good faith to the Director -
(a) the making of the report does not constitute a breach of any professional etiquette or ethics or a departure from any accepted standards of professional conduct;
(b) no liability shall be incurred for defamation as a consequence of the report;
(c) the making of the report does not constitute a ground for civil proceeding for malicious prosecution or for conspiracy;
(d) the report or evidence of its contents, is not admissible in any proceedings, other than in proceedings relating to the care and protection of a child in the Court;
(e) the person cannot be compelled in any proceedings, to produce the report or a copy of or an extract
Records of reports and subsequent action.
Protection of persons who make reports.
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from the report or to disclose or give evidence of any of its contents; and
(f) the identity of the person who made the report or information from which the identity of that person could be deduced, shall not be disclosed to any person, except with -
(i) the consent of the person who made the report; or
(ii) the leave of the Court before which proceedings relating to the report are conducted.
(2) If consent or leave is not granted under subsection (1)(f), a party or witness in the proceedings shall not be asked, and if asked, is not required to answer any question that cannot be answered without disclosing the identity or leading to the identification of that person.
(3) A report made under section 14 that is certified by the Director is admissible in any proceedings relating to the care and protection of a child.
(4) The Court shall not grant leave under subsection (1) (f) (ii) unless the Court is satisfied that the evidence is of critical importance in the proceedings and that failure to admit it would prejudice the proper administration of justice.
(5) If leave is granted under this section, the Court shall -
(a) state the reasons for the grant of leave; and
(b) direct that the Director be informed that evidence as to the identity of the person who made the report, or from which the identity of that person
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could be deduced, has been disclosed.
(6) Subsection (1) (f) does not prevent the disclosure of information from which the identity of the person may be deduced if the prohibition on the disclosure of that information would prevent the proper investigation of the report.
(7) A report to which this section applies is an exempt document for the purposes of any law in force relating to the freedom of information.
(8) Subsection (1) does not apply where a person knowingly makes a report or provides information which is false or misleading.
PART IV INVESTIGATION AND ASSESSMENT
17. (1) If -
(a) it appears to the Director that a child may be in need of care and protection;
(b) a parent or a child requests assistance under section 13; or
(c) a report is made under section 14,
the Director shall conduct an initial investigation and assessment of the circumstances concerning the child, regardless of the consent of any person.
(2) The initial investigation shall be conducted within seven days of the discovery by the Director, the request for assistance, or the receipt of the report under subsection (1).
(3) After an initial investigation and an assessment has been undertaken under subsection (1), the Director may determine
Conduct of initial investigation and assessment.
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that - (a) no further action is necessary;
(b) a further investigation is necessary;
(c) the removal of the child is necessary; or
(d) an application for a care order is necessary to protect the child.
(4) An investigation by the Director may include an analysis of the medical, health, social, residential, educational, economic and other factors affecting the life of the child.
(5) In conducting an investigation the Director may -
(a) visit the residence of the child and any other place frequented by the child;
(b) transport the child to a place the Director considers appropriate;
(c) interview the child;
(d) interview a parent of the child;
(e) interview a person who cares for the child or any person who has had an opportunity to observe the child;
(f) interview a person who provides health, social, educational and other services to the child or a parent of the child;
(g) request information to be provided to the Director from medical, social, educational and other service records concerning the child, a parent of the child
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or both;
(h) cause an examination to be made of the physical, mental and emotional health and development of the child;
(i) request a parent of the child to undergo an examination of his or her physical, mental, or emotional health or any other assessment; or
(j) consult with any other person and gather any other evidence as may be necessary to complete the investigation.
(6) The Director may apply or cause an application to be made to the Court for an order compelling a person to provide the information or assistance sought in the conduct of the investigation by the Director under subsection (5).
(7) On an application made by the Director, the Court may order a person -
(a) to provide any information under subsection (4) to the Director;
(b) to allow the Director access to a person, place or record; or
(c) to co-operate with an investigation by the Director.
(8) Subject to subsection (9), the Director shall provide a report of the results of an investigation to -
(a) the parent of the child who is the subject of the investigation; and
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(b) the child, if he is at least twelve years old and is capable of understanding the circumstances of the investigation.
(9) A report shall not be provided under subsection (8) if -
(a) the Director has reasonable grounds to believe that the report will endanger the safety of the child or any other person; or
(b) a criminal investigation related to the matter has been initiated or is likely to occur.
(10) A person who intimidates, threatens or obstructs the Director in the exercise of his or her duties under this section is guilty of an offence and is liable on summary conviction to a fine of five thousand dollars or to imprisonment for three months.
18. In conducting an investigation or making an assessment under this Part, the Director shall have regard to any known or expressed wish of the child, taking into account the age and maturity of the child and the extent to which the child appears to be in need of care and protection.
19. (1) If after an investigation or an assessment made under this Act, the Director is of the opinion that a child is in need of care and protection, the Director shall take the necessary action to safeguard or promote the safety, welfare and well-being of the child.
(2) Without limiting subsection (1), the Director may, following an investigation or an assessment, take the following actions -
(a) provide or arrange for the provision of support services for the child or his or her family or both;
Matters for consideration.
Action taken by Director.
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(b) develop, in consultation with the parents of the child, whether jointly or separately, a care plan to meet the needs of the child or his or her family which does not involve taking the matter before the Court;
(c) ensure the protection of the child by exercising his or her powers to remove the child in accordance with this Act; or
(d) seek an appropriate order from the Court.
20. (1) The Director may decide not to take any action if he or she considers that proper arrangements exist for the care and protection of the child and the circumstances which led to the investigation or assessment have been or are being adequately dealt with.
(2) If the Director decides not to take any action, the Director shall make a record of the reasons for his or her decision and no action shall be taken against the Director for his or her decision not to take any action.
21. In deciding the appropriate response to a request for assistance or to a report concerning a child, the Director shall have regard to the following principles -
(a) the immediate safety, welfare and well-being of the child and of any other children in the usual residential setting of the child, shall be given paramount consideration;
(b) subject to paragraph (a), any action taken shall be appropriate to the age or maturity of the child, any disability which the child, or a family member of
Decision against taking action.
Principles of intervention.
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the child may have and the existing circumstances of the family; and
(c) the removal of the child from his or her parents shall only occur where it is necessary to protect the child from the risk of harm.
22. (1) In responding to a request for assistance or a report, the Director shall, prior to making an application to the Court under this Act, consider the appropriateness of using an alternative dispute resolution procedure that is designed to -
(a) ensure intervention so as to resolve problems which may exist at an early stage;
(b) develop a care plan;
(c) reduce the likelihood that an application for an order will need to be made;
(d) reduce the incidence of breakdown in child- parent relationships; and
(e) work towards the making of decisions that are in the best interests of the child concerned if an application for a care order is made.
(2) The participation by a child or a parent of the child in any form of alternative dispute resolution procedure is voluntary.
23. A care plan developed during the course of alternative dispute resolution may be registered in the Court and may be used as evidence of an attempt to resolve the matter, without making an application for a care order.
24. This Part does not prevent the Director from applying to the Court for a care order at any time during or after the
Alternative dispute resolution.
Development and enforcement of care plans.
Application for certain orders.
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investigation and assessment of a request for assistance or a report if, in the opinion of the Director, it is necessary or desirable to do so, having regard to the safety, welfare and well-being of the child concerned.
PART V EMERGENCY PROTECTION, ASSESSMENT
ORDER AND CARE ORDER
25. (1) The Court may, on the application of the Director without notice, issue a warrant to the Director under this section if the Court is satisfied that -
(a) there are reasonable grounds to believe that -
(i) a child is in need of care and protection; and
(ii) a less intrusive course of action will not adequately protect the health or safety of the child; and
(b) the parent or any other person caring for the child has refused to give up the child or to permit entry to the place or premises where the Director has reason to believe that the child is present.
(2) Notwithstanding subsection (1), in the case of an emergency, if the Director has reasonable grounds to believe that -
(a) a child is in need of protection; and
(b) the health or safety of the child is in immediate jeopardy,
the Director may, with the assistance of a police officer, and without the need for any further authority other than that conferred by this subsection, enter any place or premises where the child is
Removal of child.
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believed to be present or to reside and search for, locate and take the child into custody.
(3) It is not necessary that a child be identified by name for the purpose of any removal, search warrant or order issued under this Part.
(4) For the purposes of this section, “in the case of an emergency” includes situations where the life of the child is at risk or there is a risk of serious harm to the child.
26. If a child is removed from a place or premises under this Act or the care responsibility of the child is assumed by the Director, the Director shall immediately apply to the Court after the removal of the child, or assumption of care responsibility by the Director for one or more of the following orders in respect of the child -
(a) an emergency protection order;
(b) an assessment order; or
(c) a care order.
27. (1) The Court may make an emergency protection order in relation to a child where the child is removed from a place under section 25 and it is satisfied that the child is suffering or is likely to suffer harm and is in urgent need of care and protection.
(2) An application for an emergency protection order shall be made by the Director immediately after the child has been removed under section 25 and the order, while in force shall place the child in the care responsibility of the Director or the person specified in the order.
(3) The Court may, at any stage in the proceedings, make an order prohibiting a person, including the parent of the child, in
Prompt application to court for a care order.
Emergency protection order.
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accordance with the terms specified in the order, from doing anything that could be done by the parent in carrying out his or her parental responsibility.
(4) An order made under this section has effect for a period not exceeding thirty days, unless the order is extended under subsection (5).
(5) An order made under this section may, while the order remains in force, be extended once only for a period not exceeding thirty days.
28. (1) If a child is removed from the care of his or her parent under this Part -
(a) the child shall be housed in a child care service; and
(b) subject to subsection (2), the Director shall have the care responsibility for the child.
(2) The Court may, by order, vest the care responsibility of the child in a child care service.
(3) The Director or a child care service, having the care responsibility for the child, may delegate that responsibility to a relative of the child, or to any other person approved by the Director or the Court, if the approval of the Court is required.
(4) Notwithstanding subsection (3), the Director may delegate the care responsibility for the child on an interim basis to a person other than a person specified in subsection (3) but the Director shall delegate that responsibility to a person so specified as soon as is reasonably practicable.
(5) The exercise of the care responsibility by a person referred to in subsection (3) or (4) is subject to any direction given
Care responsibility of child removed from parents.
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to the person by the Director or child care service that made the delegation.
29. (1) The Director, a child care service or any other person authorised to provide care for a child shall exercise the following functions in relation to the child -
(a) consent to the medical treatment of the child not involving surgery, on the advice of a medical practitioner;
(b) consent to the medical treatment involving surgery if a medical practitioner certifies in writing that the surgery needs to be carried out as a matter of urgency and in the best interests of the child;
(c) correct and manage the behaviour of the child;
(d) give permission for the child to participate in activities; and
(e) make any other decisions that are required to be made with respect to the day-to-day care of the child.
30. (1) If the Director -
(a) suspects on reasonable grounds that a child is in need of care and protection; and
(b) is satisfied that it is not in the best interest of the child that the child be removed from the place or premises in which the child is currently located,
the Director may, instead of removing the child from the place or premises under section 25 assume the care responsibility of the child by an order in writing, signed by the Director and served on
Care responsibility by Director.
Care responsibility.
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the person, whether or not a parent of the child, who in the opinion of the Director appears to be in charge of the place or premises.
(2) An order made under subsection (1) does not cease to have effect merely because the child to whom it relates has been transferred to a different place or premises.
31. (1) The Director may, at any time, discharge a child from his or her care responsibility with or without an undertaking being given by the child or the parent of the child.
(2) An undertaking under subsection (1) shall be in writing and shall be signed by the person who gives the undertaking.
(3) In determining whether or not to exercise the power under subsection (1), the Director shall have regard to the following -
(a) any views expressed by the child as to whether he or she wishes the power to be exercised;
(b) any views expressed by the child as to whether he or she wishes to return to the care and under the protection of his or her parents;
(c) whether the exercise by the Director of that power is likely to protect the safety, welfare and well-being of the child; and
(d) whether the failure of the Director to exercise that power is likely to endanger the safety, welfare and well-being of the child or any other person.
(4) If the Director intends to discharge from his or her care responsibility a child who has been placed in his or her care responsibility by an order of the Court, the Director shall explain to the Court why his or her care responsibility with respect to the child is no longer required.
Discharge of child from care responsibility of Director.
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PART VI ASSESSMENT ORDERS
32. (1) Subject to subsection (4) the Court may, on the application of the Director or any other party to a care application in respect of a child, make an order for -
(a) the physical, psychological, psychiatric or other medical examination of a child; or
(b) the assessment of a child; or
(c) the matters referred to in paragraphs (a) and (b).
(2) A person appointed by the Court to carry out the assessment or any part of the assessment, shall do so in accordance with the terms of the order and prepare a report of the assessment.
(3) The carrying out of a medical examination under an assessment order may include the taking and analysis of samples and the use of any machine or device that enables or assists in the examination of a person.
(4) The Court may make an assessment order on its own motion, whether or not an application has been made for a care order in respect of the child.
33. (1) In considering whether to make an assessment order, the Court shall have regard to the following -
(a) whether the proposed assessment is likely to provide relevant information that is unlikely to be obtained elsewhere;
(b) whether any distress the assessment is likely to cause the child will be outweighed by the value of the information that may be obtained;
Making of assessment order.
Matters for consideration in making assessment order.
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(c) any distress already caused to the child by any previous assessment undertaken for the same or another purpose; and
(d) any other matter that the Court considers relevant.
(2) The Court may, for the purposes of an assessment order, appoint a person to assess the capacity of a person having parental responsibility, or who is seeking parental responsibility for a child, to carry out that responsibility.
(3) The assessment to be carried out under subsection (2), shall be carried out only with the consent of the person whose capacity is to be assessed.
(4) In making an assessment order, the Court shall ensure that a child is not subjected to unnecessary assessment.
34. A child shall be informed of the reasons for the assessment in a language and a manner that he or she understands, having regard to his or her age, maturity and circumstances.
35. A report of the assessment prepared under section 32(2) shall be submitted to the Court in the prescribed manner.
PART VII ORDERS FOR THE CARE AND PROTECTIONOF A
CHILD
36. (1) An application for a care order shall be made by the Director under this Part.
(2) The application for a care order shall specify the particular care order sought and the grounds on which it is sought.
(3) Except as provided by this Part, a care order may be made as an interim order or a final order.
Information concerning assessment.
Report of assessment.
Application for care order.
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(4) A care order may be varied, but only with the leave of the Court.
37. (1) The Director shall, in making a care application to the Court under section 36, furnish details to the Court of -
(a) the support and assistance provided for the safety, welfare and well-being of the child; and
(b) any alternative action plan to a care order that were considered, prior to the making of the application for the care order and the reasons why the alternative action plan was rejected or abandoned.
(2) The Court shall not -
(a) dismiss a care application in relation to a child; or
(b) discharge a child who is under the care responsibility of the Director from that care responsibility, by reason only that the Court is of the opinion that an appropriate alternative action plan that could have been taken in relation to the child was not considered or taken.
(3) Subsection (2) does not operate so as to prevent the Court from adjourning the proceedings.
38. (1) Subject to subsection (2), the Director shall make all reasonable efforts to notify the parents of a child of the making of a care application by the Director in relation to the child.
(2) The Director shall, as soon as possible, after a care application is made in relation to a child, cause a copy of the application, together with copies of all supporting affidavits and other documentary evidence that accompanied the application, to be served on the parents of the child.
Evidence of prior alternative action plan.
Notification of care applications.
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(3) The Director shall notify the child who is the subject of a care application of the making of the application and the notification shall be made in a language and in a manner that the child can understand having regard to his or her development and the circumstances.
(4) The copy of the care application shall be written and arranged in a manner that there is reasonable likelihood that its contents will be understood by the person on whom it is served.
(5) If the Director fails to comply with the requirements of this section in relation to a care application, that failure does not invalidate the application or decision of the Court in respect of the application.
39. (1) The Director or any other person who makes a care application may, with the leave of the Court, withdraw the application.
(2) An application for leave to withdraw a care application shall be accompanied by -
(a) a statement that indicates how the issues that led to the making of the application have been resolved; or
(b) a care plan that specifies how the issues that led to the making of the application are to be addressed.
40. The Court may, on a care application, make a care order different from, in addition to, or in substitution for, the order for which the application was made.
41. (1) The Court may make an interim care order in relation to a child after a care application is made and before the application is finally determined.
Leave to withdraw application.
Court not limited by terms of care application.
Interim care orders.
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(2) The Court may make any other interim care order as it considers appropriate for the welfare, safety, and well-being of a child in proceedings before it, pending the conclusion of the proceedings.
42. An interim care order shall not be made unless the Court is satisfied that the making of the order is necessary in the interests of the child and is preferable to the making of a final order or an order dismissing the proceedings.
43. If the Director makes an application under section 36 for a care order, the Court may make -
(a) a supervision or an interim supervision order placing a child under the supervision of the Director while leaving the child in the custody of his or her parent;
(b) a care order or an interim care order placing a child in the care of the Director; or
(c) an order placing the child in the custody of the Director where the parents of the child are unable to care for and maintain the child, and where no other alternative measures are available to protect the child.
44. (1) The Court may make a care order in relation to a child if it is satisfied that the child is in need of care and protection as a result of any of the following reasons -
(a) there is no parent available to care for the child as a result of death or incapacity of the parents or for any other reason;
(b) the parents acknowledge that they have difficulties in caring for the child;
Consideration of necessity for interim care orders.
Supervision and care orders.
Grounds for making a care order.
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(c) the child has been, or is likely to be abused;
(d) subject to subsection (2), the basic physical, psychological, emotional or educational needs of the child are not being met, or are not likely to be met by his or her parents;
(e) the child is suffering or is likely to suffer developmental impairment or psychological harm, as a consequence of the domestic environment in which the child is living;
(f) the child has exhibited sexually abusive behaviour and an order of the Court is necessary to ensure his or her access to, or attendance at an appropriate therapeutic service; or
(g) the child is subject to a care and protection order issued by another jurisdiction that is not being enforced.
(2) The Court shall not conclude that the basic needs of a child are not likely to be met solely on the grounds of the disability of a parent or on the grounds of poverty.
45. The purpose of the care order is -
(a) to remove a child from a situation in which he or she has suffered, is suffering or is likely to suffer abuse or harm;
(b) to assist the child and those with whom he or she is living or wishes to live with to examine the circumstances that have led to the making of the order; and
(c) to take steps to resolve or ameliorate the problem so as to ensure the child’s return to his or her
Purpose of the care order.
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family or community.
46. (1) A care order shall be up to a maximum period of three years or until the child attains the age of eighteen years, whichever is the earlier.
(2) The Court may, on the application of the Director, extend the duration of the care order.
(3) The Director or a person designated by the Director shall review a care order at least once every ninety days and may make recommendations as to any action to be taken having regard to the outcome of the review.
47. (1) The Court may, on the application of the Director, make a care order or an interim care order placing a child in the care of an appropriate child care service.
(2) An application for a care order under subsection (1) may only be made -
(a) after all possible alternative methods of assisting the child have been tried without success and the abuse or harm from which the child is suffering or is likely to suffer requires his or her removal from where he or she is living; or
(b) the danger to which the child is exposed is so severe as to require his or her immediate removal from where he or she is living.
48. The Director shall enforce a care order made under this Act.
49. (1) The person in charge of a child care service in which a child is placed under a care order has the responsibility for the care of the child.
Duration and review of care order.
Care orders for a child care service.
Duty to enforce care order.
Care responsibility vested in person in charge of child care service.
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(2) A child care service shall encourage contact of the child with his or her parent, relative and friends while the child is in a child care service unless it is not in the best interest of the child.
(3) The person in charge of the child care service with whom the child is placed shall ensure that the development of the child while in his or her care, particularly the child’s health and education, is given paramount attention.
50. (1) The Director shall work with the parent of the child before and after the termination of the care order, so that the child can be returned to his or her family or community after the termination of the care order.
(2) The Director shall -
(a) arrange family and child counselling for the child and his or her family, before, during and after the return of the child; and
(b) seek the assistance of persons in the family or community who can help in the process of resolving the problems which caused the care order to be made.
(3) If a child is placed in a child care service, the Director shall communicate with the parent of the child, to -
(a) inform the parent of the progress of the child; and
(b) arrange a trial period for the child to be reunited with the parent.
51. (1) The Director may apply for a supervision order, if the Director is satisfied that there is need for continuous supervision enforced by the supervision order.
Special duties of Director in relation to care orders
Application for supervision order.
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(2) Before making an application for a supervision order, the Director shall appoint a person to perform the duties of supervisor and to offer any services the Director may consider appropriate.
52. (1) The Court may, after inquiry, make a supervision order placing a child in relation to whom a care application has been made, under the supervision of the Director if the Court is satisfied that the child is in need of care and protection.
(2) The Court shall not make an order under subsection (1) unless the Court is satisfied that -
(a) the child concerned is suffering or likely to suffer abuse or harm; and
(b) the abuse or harm, or probability of abuse or harm is attributable to -
(i) the care given to the child, or likely to be given to the child if the order were not made;
(ii) the fact that the child is beyond parental control; or
(iii) the neglect of the child.
(3) In making a supervision order under this section, the Court shall specify -
(a) the reasons for making the order;
(b) the purpose of the order; and
(c) the length of the order.
53. The duties of a supervisor while a supervision order is in force with respect to a child are -
Supervision order.
Duties of a supervisor while a supervision order is in force.
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(a) to mentor, advise and assist the child;
(b) to advise the parent of the child;
(c) to make plans for the future of the child in consultation with the child and his or her parent; and
(d) to take any other reasonable step as may be necessary to reduce any harm to the child.
54. Without limiting the information that may be included in a supervision order by the Court, a supervision order may require the child, the parents of the child or both the child and his or her parents to -
(a) report to the supervisor at a place and at intervals stated by the supervisor; and
(b) take part in discussions with the supervisor in relation to the welfare, safety and well-being of the child, in particular whether the child should be engaged in some form of activity including educational, vocational or recreational activity.
55. (1) The Court may, on its own motion or on an application of the Director, make a supervision order for twelve months and that order may be extended for a period not exceeding twelve months at any time.
(2) An extension of a supervision order shall be supported by a written report from the Director.
(3) Notwithstanding subsection (2), the Court may, on its own motion or on an application made by the Director, and after giving the parties an opportunity to be heard, extend the period of
Requirements of supervision order.
Duration of supervision order.
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a supervision order for a further period, not exceeding six months as it considers necessary in the circumstances.
(4) The Court may require the presentation by the Director of -
(a) a report before the end of the supervision period which sets out -
(i) the outcome of the supervision;
(ii) whether the purpose of the supervision has been achieved;
(iii) whether there is need for an extension of the supervision period under subsection (2);
(iv) whether any other order should be made for the care and protection of the child;
(b) a report during the period of supervision which describes the progress of the report; or
(c) reports under paragraphs (a) and (b).
56. (1) The Director shall enforce a supervision order and inspect the place or premises in which the child resides.
(2) The Director shall notify the Court of an alleged breach of a supervision order and the Court, on being notified of the alleged breach shall -
(a) give the parties an opportunity to be heard concerning the allegation; and
(b) determine whether the order has been breached; and
Director to enforce supervision order.
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if the Court finds that the order has been breached, the Court may make any order as it considers appropriate in the circumstances.
57. (1) If the Director makes an application to the Court for a care order, the Director shall submit a care plan to the Court in the prescribed form, before a final order is made.
(2) The care plan shall make provision for the following -
(a) the allocation of parental responsibility for the duration of the period for which the child is removed from the care of his or her parent;
(b) the kind of placement proposed to be sought for the child, including -
(i) how it relates to permanency planning for the child;
(ii) any interim arrangement that is proposed for the child pending permanent placement and the timetable proposed for achieving a permanent placement;
(c) the arrangements for contact between the child and his or her parent, relatives, friends and other persons connected with the child;
(d) the child care service designated to supervise the placement of the child; and
(e) the health, educational and other services that need to be provided to the child.
Care plan.
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(3) The care plan shall be made as far as possible with the agreement of the parent of the child concerned.
(4) The care plan is only enforceable if it -
(a) is developed by the Director through an agreement with the parent of the child and the child, where applicable; or
(b) represents a set of proposals developed by the Director which is in the best interests of the child.
58. The Court shall not make a final order for the removal of a child from the care and protection of his or her parent or for the allocation of parental responsibility in respect of the child, unless the Court has considered a care plan submitted to it by the Director, under section 57.
59. (1) The Director shall submit to the Court for consideration a written child and family assessment report in respect of a child before the Court makes an order under this Part.
(2) The Director shall make a home visit to interview the parent of the child concerned and carry out the necessary investigations concerning the child before making a child and family assessment report.
(3) If the child in respect of whom the child and family assessment report is made is considered by the Director to be of sufficient age and understanding, the Director, shall interview the child.
(4) A child and family assessment report shall contain matters relating to the welfare of the child and recommendations as to any action to be taken by the Court.
(5) The Court shall take the information contained in the
Requirement to consider care plan.
Child and family assessment report.
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child and family assessment report into account in so far as it is relevant to the order being made.
(6) The Court is not required to accept a recommendation made by the Director in the child and family assessment report if the Court is not satisfied with the recommendation.
(7) If the Court does not accept a recommendation made by the Director in the child and family assessment report, it shall state and record its reasons for not accepting the recommendation.
60. The Court may, in addition to the making of a supervision order or a care order make any of the following orders -
(a) an order -
(i) accepting undertakings;
(ii) for the provision of support services to the child or a parent of the child; or
(iii) for the child or a parent of the child to attend therapeutic or a treatment programme; or
(b) a compulsory assistance order.
61. (1) The Court may, in considering a care application, make an order accepting an undertaking given by the parent of a child, as it thinks fit with respect to the care and protection of the child.
(2) An undertaking referred to in subsection (1) -
(a) shall be in writing signed by the person giving the undertaking; and
(b) remains in force for a period, expiring on or before
Other order which may be made by the Court.
Order accepting undertakings.
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the day on which the child attains the age of eighteen years, or as may be specified in the undertaking.
(3) The Court shall cause a copy of an undertaking to be served on the person giving the undertaking.
(4) The Director or a party to proceedings in which an order accepting an undertaking was made shall notify the Court of an alleged breach of the undertaking.
(5) The Court, on being notified of an alleged breach of an undertaking shall give the parties to the undertaking, an opportunity to be heard concerning the allegation, and shall determine whether the undertaking has been breached.
(6) If the Court finds that the undertaking referred to in subsection (1) has been breached, it may make any order as it considers appropriate in all the circumstances.
62. (1) The Court may make an order directing a person or child care service named in the order to provide support for a child for a period not exceeding twelve months as stipulated in the order.
(2) The Court shall not make an order under subsection (1) unless -
(a) it gives notice of its intention to consider making the order to the person or child care service who would be required to provide support under the order;
(b) the person or child care service is given an opportunity to appear and be heard by the Court before the Court makes that order;
Order for the provision of support services.
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(c) the person or child care service consents to the making of the order; and
(d) the views of the child in relation to the proposed order have been taken into account.
(3) The Director may be required to provide support under an order made under this section.
63. (1) Subject to this section, the Court may, make an order -
(a) requiring a child to attend a therapeutic or treatment programme for the treatment of abusive behaviour; and
(b) requiring the parent of the child to take the necessary steps to enable the child to participate in a therapeutic or treatment programme;
in accordance with the terms specified in the order.
(2) The Court shall not make an order under this section -
(a) if the child is or has been the subject of criminal proceedings arising from the same abusive behaviour; or
(b) unless the Court has been presented with and has considered the provisions of a plan that outlines the therapeutic programme proposed for the child.
64. (1) The Director may make an application to the Court for an order for compulsory assistance if the Director is of the opinion that -
Order to attend therapeutic or treatment programme.
Compulsory assistance order.
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(a) a compulsory assistance order is necessary for the child; and
(b) a less intensive means has been attempted and has been insufficient for the protection of the child or if attempted would be insufficient for the protection of the child.
(2) The Court shall not make a compulsory assistance order unless it is satisfied that -
(a) the child will receive treatment, therapy or other services that will assist the child to deal with the problems that have led the child to be a danger to himself or herself;
(b) the programme offered to the child is more likely than not to lead to a significant improvement in his or her circumstances; and
(c) the necessary resources have been allocated by the person who will be required to provide intensive supervision of the child.
(3) A compulsory assistance order shall make provision for all of the following matters -
(a) the person who will be responsible under the order for the child;
(b) the place at which the child is to reside;
(c) a description of the therapeutic programme and other support to be provided to the child;
(d) the maintenance of twenty-four hour supervision of the child;
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(e) the duration of the order; and
(f) any other matter as the Court may determine.
(4) The duration of a compulsory assistance order shall not exceed three months.
(5) For the purposes of this section “compulsory assistance order” means assistance in the form of intensive care and support that is necessary to protect the child from suicide or any other life threatening or serious self-destructive behaviour.
65. (1) If a child is the subject of proceedings before a Court, the Court may, on an application made by any party to the proceedings, make an order in respect of any one or more of the following -
(a) stipulating minimum requirements concerning the frequency and duration of contact between the child and his or her parent, relatives or other persons of significance to the child;
(b) that contact with a specified person be supervised;
(c) denying contact with a specified person if contact with that person is not in the best interests of the child;
(d) that any contact with the child be supervised by the Director.
(2) An order referred to in -
(a) subsection (1)(a) does not prevent more frequent contact with a child with the consent of a person having parental responsibility for the child;
(b) subsection (1) (b) may be made only with the
Contact order.
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consent of the person specified in the order and the person who is required to supervise the contact.
66. (1) The Court shall not make an order which has a significant impact on a person who is not a party to the proceedings unless the person has been given an opportunity to be heard on the matter of significant impact.
(2) A person given an opportunity to be heard under subsection (1) does not have the status or rights of a party to the proceedings.
67. (1) If the Director makes an application to the Court for a care order other than an emergency protection order, the Director shall assess whether there is a realistic possibility of the child being returned to his or her parent, having regard to -
(a) the circumstances of the child; and
(b) the evidence, if any, that the parent of the child or the child is likely to be able to satisfactorily address the issues which led to the removal of the child from the care of the parent.
(2) If, on the completion of the assessment made under subsection (1), the Director determines that there is a realistic possibility of restoration, the Director shall prepare a permanency plan involving restoration and submit it to the Court for its consideration.
(3) A permanency plan involving restoration shall include the following -
(a) a description of the minimum outcomes the Director requires a parent to achieve before it is safe for the child to return to the parent;
Orders with significant impact on persons.
Preparation and requirements of permanency plan.
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(b) a method to assist the child and his or her parent to examine the circumstances that have led to the making of the order of the Court and to take steps to resolve or ameliorate the problem so as to ensure the return of the child;
(c) details of the services that the Director will arrange for or provide to the child in order to facilitate his or her restoration;
(d) details of other services that the Court may request from other government departments or funded non-government agencies to provide to the child or the family of the child or both, in order to facilitate restoration; and
(e) a statement of the length of time during which restoration may be actively pursued.
(4) If the Director assesses that there is no realistic possibility of restoration, the Director shall prepare a permanency plan for suitable adoption for the child and submit it to the Court for the Court’s consideration.
(5) In preparing a plan under subsection (4), the Director may consider and state whether adoption is the preferred option for the child.
(6) The Court shall consider the permanency plan prepared by the Director and if it does not accept it, the Court may direct the Director to prepare a different permanency plan.
(7) The Court shall not make a final care order unless it finds that permanency planning for the child has been appropriately and adequately addressed.
(8) A permanency plan shall only be enforceable to the
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extent to which its provisions are embodied in or approved by an order of the Court.
(9) A permanency plan shall aim to provide a child with a stable placement which offers long term security and that -
(a) has regard, in particular, to the principles set out in section 4(1)(e);
(b) meets the needs of the child; and
(c) avoids the instability and uncertainty arising through a succession of different placements or temporary care arrangements.
68. A government department or agency or a funded non- government agency that is requested by the Court to provide services to a child or the parent of a child in order to facilitate restoration shall use its best efforts to provide those services.
69. (1) A permanency plan involving restoration shall be reviewed by the Court within twelve months after the last occasion on which it was considered by the Court.
(2) A review under subsection (1) shall determine -
(a) whether the provisions of the permanency plan should be changed, particularly with respect to the length of time during which restoration shall be actively pursued;
(b) whether other arrangements should be made for the permanency placement of the child; and
(c) whether a care order should be made, varied or revoked.
Provision of services to facilitate restoration.
Review of permanency plan.
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70. The Court shall not make an order for costs in any proceedings relating to the care and protection of a child unless there are exceptional circumstances that justify the Court in doing so.
71. The Court shall take action as is reasonably practicable to ensure that each party to an application receives a copy of a final order of the Court concerning the application.
72. (1) An application for the variation or revocation of a care order may be made with the leave of the Court.
(2) The Court may grant leave under subsection (1) if it appears that there has been a significant change in any of the relevant circumstances since the care order was made or last varied by the Court.
(3) In determining whether to grant leave to vary or revoke the care order, the Court shall take the following matters into consideration -
(a) the nature of the application;
(b) the age and maturity of the child;
(c) the length of time for which the child has been in the care of the person who has parental responsibility for the child; and
(d) the plans for the child.
(4) An application referred to in subsection (1) may be made by -
(a) the Director;
(b) a person who has parental responsibility for the child;
Costs.
Variation and revocation orders.
Final orders to be given to parties.
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(c) a person from whom parental responsibility has been removed; or
(d) a person who considers himself or herself to have sufficient interest in the welfare of the child.
(5) If -
(a) an application for the variation or revocation of a care order, other than a contact order, in relation to a child is made to the Court by a person other than the Director;
(b) the application seeks to change the parental responsibility for the child or those aspects of parental responsibility involved in having care and responsibility for the child; and
(c) the Director is not a party to the proceedings;
the applicant shall notify the Director of the application and the Director is entitled to be a party to the application.
(6) The Court is not required to hear or determine an application made to it in respect of a child by a person under subsection (4)(c) or (d) unless it considers the person to have a sufficient interest in the welfare of the child.
(7) If -
(a) an application for variation of a care order is made or opposed by the Director; and
(b) a ground on which the application for variation of a care order is made is a ground that has not previously been considered by the Court;
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the ground shall be proved as if it were a ground of a fresh application for a care order.
(8) Before making an order to vary or revoke a care order that places a child under the parental responsibility of the Director or an order that allocates specific aspects of parental responsibility from the Director to another person, the Court shall take the following matters into consideration -
(a) the age and maturity of the child;
(b) the wishes of the child and the weight to be given to those wishes;
(c) the length of time the child has been in the care of the person who has parental responsibility for the child;
(d) the strength of the bond of the child to his or her parent or the person who has parental responsibility for the child;
(e) the capacity of the parent of the child to provide an adequate standard of care for the child; and
(f) the risk to the child of psychological harm if the present care arrangements are varied or revoked.
(9) The Court may, on application, vary or revoke a care order if it is satisfied that it is appropriate to do so.
(10) If the Court revokes an order under this Act, it may, make any one of the orders that it could have made in relation to the child as if an application had been made to it with respect to the child.
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(11) On the making of an order under subsection (10), the Court shall cause notice of the order to be served on the Director.
PART VIII CHILD CARE SERVICES
73. A decision made under this Part shall be made in accordance with the following principles -
(a) the bests interests of the child are of paramount consideration;
(b) a child care service shall provide care that is safe, positive and nurturing;
(c) a child care service shall promote the educational, social and developmental wellbeing of a child; and
(d) a child shall receive services that meet his or her individual needs, including the needs of a child with a disability, and services that enhance his or her physical, emotional, cognitive, social and cultural development.
74. (1) If an order has been made under Part VII, which requires placement of the child, the Director may place the child with a person who is willing to undertake the care and protection of the child.
(2) A person who wishes to foster a child may, make an application to the Director in the prescribed form, but a relative of a child without a parent or guardian may foster the child without first applying to the Director.
(3) If a relative of a child fosters a child referred to in
Principles.
Conditions for foster care placements.
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subsection (2), this Part does not apply to the relative.
(4) The Director shall cause a Register of approved foster parents to be maintained.
(5) If an applicant is found to be a suitable foster parent, the Director shall ensure that the applicant is trained in his or her roles, functions, and duties as a foster parent.
(6) The Minister shall make regulations for foster care placements.
75. A foster parent shall be responsible for the health, education and welfare needs of the foster child in his or her care.
76. (1) The Director shall authorise an officer to visit from time to time, a foster child and the premises in which he or she is being kept in order to be satisfied as to whether the health, educational and welfare needs of the child are being met and to give, where necessary, advise or directions to the foster parent on the care of the child.
(2) If an officer who is authorised to visit a foster child is refused admission to any premises or has reason to believe that a child is being kept in any premises in contravention of this Part, he or she may apply to the Court for a warrant to enter the premises.
(3) If the Court, is satisfied, on sworn testimony, that admission has been refused, or that there is reasonable grounds to believe that an offence under this Act has been committed, the Court may grant a warrant authorising the officer to enter the premises to remove the foster child to another child care service and to detain the child there, until the child can be brought before a court for child care proceedings.
(4) A court issuing a warrant under this section may by
Responsibility of parent of child in foster care.
Visits to child in foster care.
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the same warrant cause any person accused of any offence in respect of the foster child to be apprehended and brought before the court in order that action may taken against the person under the relevant law.
77. (1) A person shall not receive or keep a foster child without the consent of the Director -
(a) if that child has been previously removed from the care of that person under this Act; or
(b) in any premises from which any child has been removed under this Act by reason of the premises being dangerous or unsanitary or by reason of the premises being unfit as to endanger the health of the child.
(2) A person who keeps or causes a foster child to be kept in contravention of this section, is guilty of an offence and is liable on summary conviction to a fine of five thousand dollars and to imprisonment for six months; and the Court may make any order in respect of that child.
78. Where a foster child is to be received or is being kept -
(a) in any premises which is unsanitary, overcrowded or dangerous;
(b) by any person who by reason of old age, infirmity, ill-health, negligence, inebriety, immorality or criminal conduct or for any other reason is unfit to have the care of the child;
(c) in an environment which is detrimental to the child;
Persons prohibited from receiving a foster child.
Removal of foster children kept in unsuitable premises or by unsuitable persons.
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(d) in any premises or by any person in contravention of the provisions of this Part,
the Director may -
(e) if the child is the subject of a care order placing him or her in foster care apply to the Court for an order, to remove the child to the care of another approved foster parent or child care service until the child is returned to his or her biological parent or a relative or other arrangements are made with respect to the child; or
(f) if the child is not the subject of a care order placing him or her in foster care, remove the child to another approved foster parent or child care service until the child is returned to his or her biological parent or a relative or other arrangements are made with respect to the child.
79. A person who has received a foster child and intends to move to another residence, shall, not less than seven days before moving, give notice to the Director of the intended change of residence, but if an immediate change of residence is necessitated by an emergency, a notice may be given at any time within twenty- eight hours after the change of residence.
80. If a foster child leaves the care of his or her foster parent without the permission of the foster parent, the foster parent shall, within twenty-four hours of the departure of the child give the Director notice that the child has left the foster home.
81. The Minister may by Order designate a place that provides child care services to a child as a child care service.
82. (1) A child care service shall provide substitute family care for a child until -
Notice to be given of change of residence.
Foster parent to give notice.
Designated child care services.
Purpose of child care service.
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(a) the parent of the child is able to provide adequate care to meet the basic needs of the child; or
(b) the child can be reunited with his or her family; or
(c) arrangements are made for the custody or other permanent placement of the child.
(2) The staff of a child care service and the Director shall assist the child to become reunited with his or her parent.
(3) After a child has been returned to his or her biological parent from a child care service, the Director shall keep in regular contact with the child and his or her family until the completion of any order made under Part VII or until the discharge of the order.
(4) If a child is -
(a) unable to return to his or her parent;
(b) unable to be fostered; or
(c) has no parent or a foster parent,
he or she shall, where possible, be cared for and assisted by a child care service and the Director until adoption can be arranged for the child.
83. If a child has been placed in a child care service under a care order the manager and staff of the child care service has the parental responsibility for the child.
84. (1) The child care service and the Director shall maintain -
(a) contact with the parent or relatives of the child in the child care service; and
Parental responsibility at child care service.
Contact with parents and relatives.
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(b) contact between the child and the parent or relatives of the child.
(2) A person shall not remove a child from a child care service without the consent of the manager.
(3) A person who contravenes subsection (2) is guilty of an offence and is liable on summary conviction to a fine of five thousand dollars or to a term of imprisonment for three months.
85. Any of the following persons may apply for a recovery order -
(a) the Director; or
(b) the person who has parental responsibility for the child.
86. (1) If a Court has been provided with information on oath that a child has been removed unlawfully from a child care service, it may make a recovery order.
(2) A recovery order may -
(a) direct a person who is in possession of the child to produce the child on demand to a person specified by the Court;
(b) require the removal of the child by a person specified by the Court;
(c) require a person who has information leading to the whereabouts of the child to disclose the information;
Application for recovery order.
Recovery order.
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(d) authorise a search by a police officer of the premises where the child is believed to be staying; and
(e) specify the name of the child in question and the person who has parental responsibility for the child.
87. (1) A child who runs away from a child care service to which he or she has been placed or from a person in whose care he or she has been placed under an emergency protection order, or committed by the Court on an order under this Act may, pending investigation -
(a) be brought back to the child care service or to the person from which or from whom he or she has run away; or
(b) be put in another child care service or a place of safety to be determined by the Director.
(2) As soon as possible after the circumstance referred to in subsection (1) has occurred, the Director shall interview the manager or person in charge of the child care service or the person in whose care the child has been placed.
(3) The child referred to in subsection (1) may be returned to the child care service or person in whose care he or she was placed.
(4) Notwithstanding subsection (3), if returning the child to the child care service or person in whose care he or she was placed is not in the best interests of the child, the Director may -
(a) move the child under a care order; or
(b) apply to the Court for a variation order.
Escape from a child care service.
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88. (1) If a child who has a parent has been placed in a child care service, the Court may order the parent to contribute towards the maintenance of the child.
(2) The amount contributed under subsection (1) shall be reasonable and within the means of the parent and may be varied by the Court if there is a change in the circumstances of the parent or the child.
(3) An order for contribution made under subsection (1) remains in force as long as the child is in the child care service, but a person who has been ordered to contribute may, at any time, apply to the Court for the order to be varied or discharged on the ground that the circumstances have changed since the order was made.
PART IX ADOPTION COMMITTEE
89. (1) There is established the Adoption Committee.
(2) The Adoption Committee shall assist the Minister in giving effect to the provisions relating to adoption in this Act.
(3) The Minister shall appoint the following persons as members of the Adoption Committee -
(a) the Director, who shall be the Chairperson;
(b) a Child Care Officer;
(c) a Medical Practitioner;
(d) a Psychologist or other person with qualifications in a related field;
(e) an attorney-at-law; and
Court’s power to order parent to contribute.
Establishment of Adoption Committee.
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(f) two representatives from non-governmental organisations whose mandate reflects the care and protection of children.
(4) A person under subsection (3)(c) and (f) shall be appointed as a member of the Adoption Committee from among persons with the relevant experience, qualifications and expertise in the field of child care and protection and adoption.
(5) The Adoption Committee shall report to the Minister on the conduct of the business, activities and other affairs of the Adoption Committee.
90. A member of the Adoption Committee under subsection (3) (f) holds office for a period not exceeding three years and is eligible for reappointment.
91. (1) The Adoption Committee shall meet at a time and a place as the Director decides.
(2) The Director shall preside at all meetings of the Adoption Committee.
(3) If the Director is unable to preside at a meeting of the Adoption Committee, he or she shall appoint another member of the Committee to preside at that meeting.
(4) The Adoption Committee shall establish its own procedure.
92. The Minister shall designate a public officer to serve as the Secretary of the Adoption Committee.
93. The office of the Adoption Committee is at the Ministry with responsibility for social services and its records shall be kept there securely and confidentially.
Terms of appointment.
Conduct of meetings of the Adoption Committee.
Secretary to the Adoption Committee.
Office of the Adoption Committee.
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94. A member of the Adoption Committee shall, before assuming office, take the Oath of Secrecy or Affirmation of Secrecy, as set out in the Schedule.
95. (1) The Adoption Committee shall act as an advisory body to the Director with respect to all matters relating to adoption.
(2) Without limiting the generality of subsection (1), the functions of the Adoption Committee are to -
(a) determine the manner in which a child is selected for adoption;
(b) assess adoption applications received by it from the Director and make such recommendations to the Director as it considers fit;
(c) make recommendations to the Director with respect to the suitability of a person to adopt a child;
(d) establish guidelines for the conduct of negotiations entered into by the Adoption Committee with a parent who wishes to have the child selected by the Adoption Committee to be placed for adoption;
(e) receive applications made under section 98;
(f) assess the suitability of a person to adopt a child;
(g) establish and maintain an Adoption List under section 104;
(h) make arrangements for and in relation to the placement of a child;
(i) take appropriate measures to ensure confidentiality of the records of a child, the biological parents of a child and the adoptive parents of the child; and
Oath or Affirmation of Secrecy.
Functions of the Adoption Committee.
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(j) perform any other function as may be necessary to carry out the provisions of this Act.
(3) For the purpose of carrying out its functions, the Adoption Committee may -
(a) conduct inquiries and carry out investigations with respect to any matter;
(b) establish procedures to conduct interviews; and
(c) solicit, accept and review reports from individuals or organisations concerned or involved in the adoption of children.
PART X PLACEMENT OF A CHILD FOR ADOPTION
96. (1) A child may be placed for adoption by the Adoption Committee.
(2) A biological parent of a child or other person having the custody of a child may, in a manner determined by the Adoption Committee, select a single person or a couple with whom he or she wishes to have his or her child placed for adoption as a prospective adoptive parent or adoptive parents.
97. (1) A single person may, subject to this Act, make an application to the Adoption Committee under section 98, to have a child placed in his or her home for adoption if that person -
(a) has attained the age of twenty-five years;
(b) is at least eighteen years older than the child, except where he or she is the spouse of the parent of the child or a relative of the child; and
Placement of a child for adoption.
Persons who may apply for an order for adoption
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(c) has been resident in Dominica for at least one year.
(2) A couple may, subject to this Act, make an application to the Adoption Committee under section 98 to have a child placed in their home for adoption if one of them -
(a) has attained the age of twenty-five years;
(b) is at least eighteen years older than the child, except where he or she is the spouse of the parent of the child or a relative of the child; and
(c) has been resident in Dominica for at least one year.
(3) A person may apply to the Court for a waiver of the age or residency requirements under subsection (1) or (2).
(4) The Court may waive the age requirements under this section if it determines that -
(a) it is in the best interests of the child to do so; and
(b) in the particular circumstances of the case, it is desirable to make an order for adoption.
98. (1) A single person or a couple who is desirous of having a child placed in his or her or their home for adoption shall make an application to the Adoption Committee in the prescribed form accompanied by the prescribed fee.
(2) If the Adoption Committee receives an application made under subsection (1), the Adoption Committee shall conduct a home study assessment on the applicant in order to determine the suitability of the applicant to be an adoptive parent and the capability and willingness of the applicant to assume the
Application and assessment for placement.
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responsibility as a parent of the child.
(3) The Adoption Committee shall compile a report of its findings under the home study assessment conducted under subsection (2).
99. (1) If, having regard to the home study assessment , the Adoption Committee determines that an applicant -
(a) is suitable and capable of having a child placed in the home of the applicant for the purposes of adoption, the Adoption Committee shall make such recommendation to the Director and the Director shall -
(i) make a decision based on the recommendation of the Committee;
(ii) within two weeks after making its decision, issue a notice of approval to the applicant in the prescribed form; and
(iii) enter the name of the applicant on the Adoption List; or
(b) is not suitable or capable of having a child placed in the home of the applicant for the purposes of adoption, the Adoption Committee shall within two weeks after making its decision -
(i) issue a notice of refusal to the applicant in the prescribed form;
(ii) attach the reasons for its decision; and
Decision by the Adoption Committee.
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(iii) inform the applicant of his or her right to have the decision reviewed by the Minister.
(2) The Adoption Committee may place a child for adoption with a prospective adoptive parent if the Adoption Committee is satisfied that the child ought to be placed for adoption.
(3)The Adoption Committee shall not grant approval for an applicant who is a single person, to have a child placed in the home of that applicant for the purposes of adoption unless the Adoption Committee is satisfied, having conducted the home study assessment under section 98, that there are exceptional circumstances which make it desirable to render the applicant suitable to adopt a child.
100. An applicant who is aggrieved by a decision of the Adoption Committee made under section 99, may, not later than two weeks after the date of receipt of the written notice of the decision from the Adoption Committee, make an application to the Minister in the prescribed form for review of that decision on the grounds that the assessment of the applicant by the Adoption Committee was incorrect.
101. (1) On receipt of an application for review made under section 100, the Minister shall, by instrument in writing, appoint a review panel consisting of -
(a) an attorney-at-law of at least seven years standing, who shall be the Chairperson; and
(b) two other persons, one of whom shall be a public officer and who, in the opinion of the Minister, have the relevant qualifications and experience in the field of social work, psychology or child welfare.
Review of decision of Adoption Committee.
Appointment of review panel.
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(2) A member of a review panel shall not be a member of the Adoption Committee.
(3) The appointment of a member of the review panel is automatically terminated on the completion of the inquiry in respect of the review.
102. (1) The review panel appointed under section 101 shall -
(a) conduct an inquiry to re-assess the suitability of the applicant to have a child placed in the home of the applicant for adoption; and
(b) on completion of its inquiry, make recommendations to the Minister for submission to the Cabinet as to whether or not the decision of the Adoption Committee should be varied.
(2) Subject to this section, the procedure for the conduct of the inquiry by a review panel shall be determined by the review panel in each case.
(3) In conducting an inquiry, a review panel -
(a) shall act without regard to technicalities and legal form;
(b) is not bound by rules of evidence; and
(c) may inform itself on any matter in a manner as it thinks fit, including interviewing the applicant who applied for the review.
103. The Adoption Committee shall, as soon as practicable after receiving the recommendations of the review panel in respect of an application for review from the Minister -
Adoption Committee to review decision.
Functions of review panel.
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(a) review its decision, taking into account the recommendations of the review panel; and
(b) give written notice to the applicant of the outcome of the review.
104. The Adoption Committee shall prepare and maintain an Adoption List in which it shall record -
(a) the name of each prospective adoptive parent, in a form that -
(i) sets out the chronological order in which applications were received by the Adoption Committee;
(ii) shows a record of such particulars, as the Adoption Committee thinks necessary to assist it in the placement of a child for adoption with an applicant.
(b) the name or identification of each prospective child available for adoption, in a form that -
(i) sets out the chronological order in which each child was approved for adoption; and
(ii) shows a record of such particulars, as the Adoption Committee thinks necessary to assist it in the placement of the child for adoption.
105. In making arrangements for and in relation to the placement of a child for adoption, the Adoption Committee shall, without prejudice to its duty to consider all other relevant matters, including in particular -
(a) the welfare and interests of the child; and
Adoption List.
Adoption Committee to have regard to Adoption List.
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(b) the wishes of the parent or parents of the child and the applicant wishing to adopt, have regard to the Adoption List and to the chronological order of the names of the prospective adoptive parents and adoptive parent entered on the Adoption List.
106. (1) Before a child is placed for adoption with a prospective adoptive parent, the Adoption Committee shall -
(a) provide counselling and information on adoption and alternatives to adoption to the biological parents of the child or any other person having care and protection of the child who is requesting a placement of that child for adoption;
(b) if a biological parent of the child wishes to select the child’s prospective adoptive parent, provide the biological parent with information about the prospective adoptive parent;
(c) obtain as much information as possible about the medical and social history of the biological parents of the child and preserve the information for the child;
(d) give the prospective adoptive parent information about the medical and social history of the biological parents of the child;
(e) ensure that the child -
(i) if sufficiently mature, has been counselled about the effects of adoption; and
(ii) if twelve years of age or older, has given consent to the adoption.
Duties of Adoption Committee prior to placement.
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(f) make reasonable efforts to obtain consent as is required under to section 108;
(g) enter into a placement agreement with the prospective adoptive parent under subsection (2).
(2) A placement agreement referred to in subsection (1) shall -
(a) be for a period of three months;
(b) be made in the prescribed form; and
(c) specify the terms and conditions of the placement and the manner and the circumstances under which the placement agreement may be revoked.
(3) The Adoption Committee may reduce or extend the placement period if, in the opinion of the Adoption Committee, it is in the best interests of the child to do so.
(4) The date on which a placement agreement comes into effect is the date on which the child is placed in the home of the prospective adoptive parent for adoption.
107. (1) If a placement agreement has been entered into under section 106, and a child is placed in the home of a prospective adoptive parent for adoption, the Adoption Committee shall appoint a person to supervise the placement of the child, in the prescribed manner.
(2) At the end of a placement period, the person appointed under subsection (1) shall prepare a post placement report which shall be submitted to the Adoption Committee for approval.
Supervision of placement
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(3) The post placement report required under subsection (1) shall provide information and professional assessment concerning -
(a) the apparent suitability of the placement of the child in the home of the prospective adoptive parent; and
(b) the likelihood that the welfare of the child will be satisfactorily provided for in the long term.
(4) The post placement report shall include -
(a) the relevant circumstances of the placement;
(b) the relations between the child and the prospective adoptive parents and members of the household of the prospective adoptive parents;
(c) the care the child is receiving;
(d) whether the child understands the meaning of adoption;
(e) whether the child has any views on the proposed adoption and any proposed change of the name of the child; and
(f) any further information as the Court may require for purposes of considering an application for an order for adoption made under section 118.
108. (1) Subject to section 109, the Court shall not make an adoption order in relation to a child unless the consent of the following is obtained -
(a) the child, if the child is twelve years of age or over;
(b) the biological parents of the child; and
Consent to be obtained prior to adoption.
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(c) if applicable, a person having custody of the child.
(2) Any consent given by the biological mother to the making of an order for adoption is invalid if it is given less than six weeks after the birth of the child.
(3) A biological parent who is not married and who is under the age of sixteen years cannot give valid consent to the adoption of his or her child.
(4) If a child from another jurisdiction is to be placed for adoption in Dominica, the laws of that jurisdiction apply with respect to the consent required for placing the child for adoption.
(5) Notwithstanding subsections (2) and (3), the Adoption Committee may approve an adoption if it is in the best interests of the child.
109. (1) Consent to the adoption of a child shall be in the prescribed form.
(2) If consent to the adoption of a child in Dominica is required from a person who resides outside Dominica, the consent is sufficient for the purposes of this Act if it is in a form that meets the requirements for the consent to adoption in the jurisdiction in which the person resides.
110. (1) On application, the Court may, by order, dispense with consent required under section 108 if -
(a) the Court is satisfied that it is in the best interests of the child to do so;
(b) the person or child whose consent is to be dispensed with is not capable of giving an informed consent;
Form of consent.
Dispensing with consent.
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(c) reasonable but unsuccessful attempts have been made to locate the person whose consent is to be dispensed with;
(d) the person whose consent is to be dispensed with -
(i) has abandoned or deserted the child;
(ii) is not capable of caring for the child; or
(iii) has not made reasonable efforts to meet his or her parental obligations with respect to the child; or
(e) other circumstances exist which in the opinion of the Court justify dispensing with consent.
(2) Before making an order under this section, the Court may consider any recommendation in a report filed by the Adoption Committee or a parent of the child.
(3) An application under this section may be made without notice to any other person and may be joined with any other application which may be made under this Act.
111. (1) Subject to subsection (5), a person who has consented to the adoption of a child may withdraw his or her consent in the prescribed form or by notice given to the Adoption Committee before an order for adoption is made.
(2) As soon as possible after receipt of the withdrawal in subsection (1), the Adoption Committee shall make all reasonable efforts to give notice of the withdrawal to each person who consented to the adoption and to the prospective adoptive parent.
(3) If the person who withdrew his or her consent had custody of the child immediately before the giving of his or her
Withdrawal of consent.
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consent, the child shall be returned to that person as soon as possible after the Adoption Committee receives the withdrawal under subsection (1).
(4) If a child is required to give his or her consent to an adoption, that child may at any time before the order for adoption is made by the Court, withdraw his or her consent, by informing the Adoption Committee of his or her intention to withdraw, in the prescribed form.
(5) The withdrawal of any consent to the placement of a child for adoption or of any consent given under section 108 is ineffective if it is given after an application for an order for adoption is made.
112. (1) If consent to the adoption of a child residing in Dominica was given by a person under the laws of another jurisdiction, the consent given shall be withdrawn in accordance with the laws of that jurisdiction.
(2) Subsection (1) does not operate to limit the right of a child to withdraw his or her consent under section 111.
113. (1) Subject to subsection (2), if an application for an adoption order has been made after consent to the adoption of a child has been given under this Act, a person who has provided consent under section 108 may apply to the Court to have his or her consent withdrawn and that consent may only be withdrawn with the approval of the Court.
(2) An application to the Court under subsection (1) shall be made before an order for adoption is granted.
(3) If a child has not been placed with a prospective adoptive parent, an application to the Court for the withdrawal of consent is not required and the approval of the withdrawal may be given by the Adoption Committee.
Withdrawal of consent given outside Dominica.
Withdrawal of consent by the Court.
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(4) A notice of an application to the Court under subsection (1) shall be served on the Adoption Committee and each person who consented to the adoption.
114. (1) A parent or other person having parental responsibility, the care responsibility or custody of a child shall in writing transfer the parental responsibility, care responsibility and custody of the child to the Adoption Committee for the purposes of adoption of that child and until an order for adoption is made or consent to the adoption is withdrawn under this Act.
(2) Subsection (1) does not apply to an adoption by a relative or a person who makes an application under section 97 to jointly become a parent of a child with the biological parent of the child.
115. When consent to an adoption is given by the biological parent of a child or other person having care responsibility or custody of the child, the Adoption Committee becomes the guardian of the child until an order for adoption is made or the consent to the adoption is withdrawn under this Act.
116. If a child is placed in the home of a prospective adoptive parent for adoption, the Director, who has care responsibility for the child, shall not transfer the care responsibility of the child to a prospective adoptive parent with whom the child is to be placed for adoption, but the care responsibility of the child shall remain with the Director -
(a) until an order for adoption is made;
(b) if the consent to the adoption is withdrawn; or
(c) if the placement agreement is revoked in the manner as may be prescribed under section 106(2).
Transfer of parental or care responsibility or custody to Adoption Committee.
Adoption Committee as guardian of child.
Transfer of care responsibility during placement.
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117. (1) If the child in respect of whom an adoption order is sought is placed in a child care service, the manager of the child care service may, with the consent of the Director, sanction the unconditional release of the child from the child care service for the purposes of the adoption.
(2) If an application for an order for adoption in respect of the child is refused, the adoptive parent or prospective adoptive parent shall, within seven days of the date on which the application was refused return the child to the child care service and the manager of the child care service shall receive the child into the child care service and keep the child there for the unexpired period, if any, of the term for which he or she was originally sent to the child care service.
(3) Notwithstanding subsection (3), a child may be released for adoption.
PART XI ADOPTION PROCEEDINGS
118. (1) A prospective adoptive parent with whom a child has been placed for adoption may make an application to the Court for an order for adoption under this Part.
(2) The Court may require the Adoption Committee to inquire into any matter respecting an application for an order for adoption that the Court considers necessary.
119. An application under section 118 shall be made within four weeks before the end of the placement agreement.
120. (1) At the time of making an application to the Court under this Part, the prospective adoptive parent shall send a notice of the application in the prescribed manner to the Adoption Committee, together with supporting documents.
Release from child care service for adoption.
Application for adoption order.
Time for making application.
Notice of application to Adoption Committee.
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(2) On receipt of the notice of the application made under subsection (1) the Adoption Committee shall submit the following to the Court -
(a) a copy of the report of the home study assessment conducted on the prospective adoptive parent under section 98;
(b) a copy of the post placement report prepared and approved under section 107;
(c) certification in the prescribed manner, that the prospective adoptive parent has been resident in Dominica for at least one year;
(d) a copy of the placement agreement and a statement from the Director that all applicable placement requirements as stipulated in the placement agreement have been met;
(e) a recommendation on any issue relating to adoption which the Adoption Committee considers necessary; and
(f) any other information which the Adoption Committee considers necessary to enable the Court to determine whether the proposed adoption is in the best interests of the child.
121. (1) An application made under section 118 shall be accompanied by the following documents -
(a) all consent required for the adoption an order
Documents required to be filed with application.
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dispensing with consent or an application to dispense with consent;
(b) the birth certificate of the child or if it cannot be obtained, satisfactory evidence of the facts relating to the birth of the child;
(c) a copy of the report of the home study assessment conducted;
(d) a copy of the notice of approval of application for placement under section 99;
(e) a copy of the placement agreement and a statement from the Director that all applicable placement requirements as stipulated in the placement agreement have been met; and
(f) any other information as may be prescribed or required by the Court.
(2) The Court may dispense with the need to provide any document stipulated under subsection (1).
(3) If a parent or other person having custody of a child requires that the parentage or the surname of the child be kept secret, the documents referred to in subsection (1)(a) and (b) shall be sealed or masked to prevent the identification of the biological parent of the child or the disclosure of the surname of the child.
(4) The Court may require the Adoption Committee to inquire into any matter respecting an application for an order for adoption that the Court considers necessary.
122. (1) If the biological parent of a child does not know the identity of a prospective adoptive parent for adoption of his or her
Confidentiality.
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child and an applicant does not know the identity of the biological parent of the child he or she is desirous of adopting, the Court may order that the identity of either party or information that could reveal their identities not be disclosed in a document.
(2) An application for an adoption order made under this Act or a document filed in Court in connection with the application may be searched by an order of the Court.
123. The hearing of an application made under section 118 shall be held in private and access to the files of the Court concerning an application for adoption is restricted unless the Court determines otherwise, having regard to the best interests of the child.
124. (1) Subject to this section, the Court may, on any application for an order for adoption, postpone the determination of the application and make an interim order giving the custody of the child to the prospective adoptive parent for a period not exceeding two years, by way of a probationary period, on terms as regards parental responsibility and otherwise as the Court may determine.
(2) Subject to the power of the Court to dispense with any consent, all consent required with respect to an adoption order are necessary for an interim adoption order.
(3) An interim order is not an adoption order within the meaning of this Act.
125. (1) The Court may, on consideration of the documents and evidence filed under sections 120 and 121, make an order for adoption if it is satisfied that -
(a) the requirements of this Act have been complied with;
(b) the prospective adoptive parent is able to fulfil the
Hearing.
Interim order for adoptionr.
Order for adoption.
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obligations and exercise parental responsibility in relation the child; and
(c) the best interests of the child will be served by the granting of the adoption order.
(2) Without limiting subsection (1), the Court shall -
(a) have regard to the principles set out in section 4;
(b) take into account any wishes or feelings of the child that are expressed by the child, in light of the age, maturity and understanding of the child, that are expressed by the child; and
(c) consider whether there is a need for any arrangements to allow a person to have contact with the child and to that effect consider any existing or proposed arrangements and obtain any views of the parties to the proceedings.
(3) An order for adoption shall contain a direction to the Registrar General to make in the Adoption Register an entry in the prescribed form and shall specify the particulars to be entered.
(4) If an order for adoption is made by the Court, the Registrar General shall cause compliance to be made with the directions contained in the order both in regard to making an entry in the Register of Births with the word “Adopted” and in regard to making the appropriate entry in the Adoption Register.
(5) An order for adoption may be made even if the child to be adopted is already an adopted child.
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(6) Where an order for adoption is made by the Court in respect of a child who has previously been the subject of an order for adoption made under this Act or of the former Act, the order shall contain a direction to the Registrar General to cause the previous entry in the Adoption Register to be marked with the word “Re-adopted”.
126. (1) If an order for adoption is made, the Court shall send a certified copy of the order to -
(a) the Registrar General; and
(b) the Adoption Committee.
(2) On receipt of an order for adoption under subsection (1), the Registrar General shall register the order under this Act.
127. (1) If an order for adoption is made under section 125 -
(a) the adopted child becomes the child of the adoptive parent and the adoptive parent becomes the parent of the child;
(b) the adopted child has the same rights in relation to the adoptive parent, as a child born to the adoptive parent;
(c) the adoptive parent has the same parental responsibility as the parent of a child born to the adoptive parent;
(d) the adopted child ceases to be regarded as the child of the biological parent and the biological parent ceases to have parental responsibility with respect to the child, except a biological parent who remains as a parent jointly with the adoptive parent;
Duties of Court.
Effect of adoption order.
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(e) a person having custody of the child ceases to have custody of the child; and
(f) a person whose consent is required under this Act, ceases to have a right or obligation to consent on any matter with respect to that child.
(2) If a child is adopted for a subsequent time -
(a) the child becomes the child of the subsequent adoptive parent;
(b) the subsequent adoptive parent becomes the parent of the child;
(c) the adoptive parent, immediately before the subsequent adoptive parent, ceases to have parental responsibilities with respect to the child except an adoptive parent who remains as a parent jointly with the subsequent adoptive parent; and
(d) a person having custody of the child ceases to have custody of the child.
(3) An adoption order does not affect an interest in property or a right of the adopted child that was vested in the child before the date of the adoption order.
(4) For the purposes of any law relating to incest and the prohibited degrees of marriage, subsection (1) does not remove a person from a relationship in consanguinity which, but for this section, would have existed between that person and another person.
(5) In a will or other document made at any time before
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or after the commencement of this Act, and whether the maker of the will or document is alive on that day or not, a reference to a person or group of persons described in terms of relationship by blood or marriage to another person is deemed to refer to or include a person who comes within the description as a result of an adoption, unless the contrary is expressed.
(6) Subject to subsection (7), if an adoption order is made in respect of a child, any maintenance or affiliation order in force with respect to the child and any agreement under which the biological father of the child has undertaken to make payments specifically for the benefit of the child, ceases to have effect.
(7) A biological father of a child shall pay arrears of maintenance or affiliation payments specifically for the benefit of the child which are due under a maintenance or affiliation order or agreement at the date of the order for adoption.
128. If a single biological parent of a child who has adopted the child marries the other biological parent of the child, the Court by which the order for adoption was made may revoke the order for adoption, on application of any of the biological parents concerned.
129. (1) A prospective adoptive parent may request the Court to change the given name or the surname of the child or both.
(2) If a request is made under subsection (1), the Court may change the given name or the surname of the child or both, if -
(a) the child is five years or older and his or her views are considered on the matter; and
(b) the child is twelve years or older and gives his or her consent.
(3) The consent of a child may be obtained for the
Revocation of adoption on marriage of biological parents.
Change of name.
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purposes of this section even if the Court has dispensed with the consent of the child for adoption.
(4) Before changing the given name or surname of a child the Court shall consider factors that it considers relevant, including the level of maturity or the level of understanding of the child, in determining the weight that it should give to the views of the child.
PART XII INTER-COUNTRY ADOPTIONS
130. (1) A person who is not a resident of Dominica may apply to the Adoption Committee for the adoption of a child resident in Dominica as provided for in this Part.
(2) An application under subsection (1) shall be made by the applicant and presented either by himself or herself or through an attorney-at-law.
(3) An application under subsection (2) shall be accompanied by a police certificate from the applicant’s place of ordinary residence and an affidavit duly sworn by the applicant in the prescribed form that satisfies the Adoption Committee that the applicant -
(a) does not have a criminal record;
(b) is a fit and proper person to adopt the child and has adequate means to maintain and look after the child in an appropriate manner;
(c) has a current recommendation from the competent body responsible for adoption in his or her country of origin; and
(d) that his or her country of origin will respect and recognise an adoption order made under this Act.
Approval for inter- country adoptions.
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(4) For the purposes of an application to which this Part applies, the Adoption Committee shall seek verification in writing of the recommendation referred to in subsection (2) (c) at the cost to the applicant.
(5) The Adoption Committee may, after receiving the verification under subsection (4), recommend that the applicant make an application to the Court for an order for adoption under this Act.
(6) Where an application to the Court is made pursuant to a recommendation made by the Adoption Committee under subsection (5), the Court may request the Adoption Committee to transmit all or any of the records relevant to the matter of the adoption and the records are admissible as evidence before the Court in the proceedings and the Court may accept the records of the Adoption Committee without further proof.
(7) The Court may require some other person or authority to submit a report in respect of the application made under this Part.
(8) Where an application has been made to the Court for the adoption of a child under this Part, the Court shall proceed in accordance with this Act.
(9) An order for adoption made under this Part remains a provisional order for twelve months during which time quarterly reports shall be submitted to the Court by the relevant competent authority in the country where the adopted child lives, on the status, and progress of the adopted child.
(10) On the expiration of the twelve months’ period, in subsection (9), the Court shall grant the order for adoption if it is satisfied that it is in the best interests of the child to do so.
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(11) The Court may, in the matter of adoption of any child by a person who is not ordinarily resident in Dominica for the transfer of the child abroad, make exceptions or dispense with requirements or formalities as it may consider necessary, if it is satisfied that the proposed adoption for transfer abroad is in the best interests of the child and that under the circumstances the case should be disposed of expeditiously.
131. Section 130 does not apply to a child who is brought into Dominica for adoption by a relative of the child or by a person who will become an adoptive parent jointly with a biological parent of the child.
132. The Government may enter into a memorandum of understanding or other arrangement with the government of another jurisdiction in order to allow for the -
(a) collaboration and exchange of information with competent authorities in that jurisdiction who are responsible for adoption; and
(b) establishment of safeguards to ensure that inter- country adoptions take place in the best interests of the child and with respect to the fundamental rights of the child as recognised by law.
133. (1) The Minister may, in accordance with the requirements, as may be prescribed -
(a) furnish a person with information relating to the safety, welfare and well-being of a particular child or class of children; and
(b) direct a person to furnish the Minister with information relating to the safety, welfare and well-being of a particular child or class of children.
Exception.
Memoranda of Understanding.
Provision and exchange of information.
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(2) The person to whom a direction is given under subsection (1) (b) shall comply promptly with the requirements of the direction.
(3) If information is furnished under subsection (1), -
(a) the furnishing of the information is not, in any proceedings before a court, tribunal or committee, to be held to constitute a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct;
(b) no liability for defamation is incurred because of the furnishing of the information; and
(c) the furnishing of the information does not constitute a ground for civil proceedings for malicious prosecution or for conspiracy.
(4) A reference in subsection (3) to information furnished under subsection (1) extends to any information furnished in good faith and with reasonable care.
(5) Any law in force in Dominica that prohibits or restricts the disclosure of information does not -
(a) operate to prevent the furnishing of information; or
(b) affect a duty to furnish information, under this section.
(6) This section does not affect any obligation or power to provide information under this Act.
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PART XIII REGISTRATION OF ADOPTION ORDERS
134. (1) The Registrar General shall maintain an Adoption Register, in which he or she shall make entries as may be directed to be made in it under an order for adoption.
(2) A certified copy of any entry in the Adoption Register, if purporting to be sealed or stamped with the seal or stamp of the Office of the Registrar General is, without any further or other proof of that entry, receivable as evidence of the adoption to which it relates.
(3) If the entry in the Adoption Register under subsection (2) contains a record of the date of the birth or the country of the birth of the adopted child, it is receivable as evidence of that date or country in all respects as if the copy were a certified copy of an entry in the Register of Births.
(4) The Registrar General shall cause an index of the Adoption Register to be made and kept in the Registrar General’s Office and a person is entitled to -
(a) search the index; and
(b) have a certified copy of any entry in the Adoption Register in all respects on, and subject to the same terms, conditions and regulations as to payment of fees or otherwise as are applicable under the Registration of Births and Deaths Act, in respect of -
(i) searches in registers kept in the Registrar General’s Office; and
(ii) the supply from the office of certified copies of entries in the Register of Births.
Adoption Register or other registers.
Chap. 35:30.
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(5) The Registrar General shall, in addition to the Adoption Register and the index of the Adoption Register, keep other registers and books and make entries in the other registers, as may be necessary to record and make traceable the connection between any entry in the Register of Births which has been marked “Adopted” under this Act, and any corresponding entry in the Adoption Register.
(6) The registers and books kept under subsection (5) and any index of the registers and books are not open to public inspection and search.
(7) The Registrar General shall not furnish a person with any information contained in or with any copy or extract from the registers or books, except under an order of a Court.
(8) For the purposes of compliance with the requirements of subsection (2) -
(a) if the precise date of the birth of a child is not proved to the satisfaction of the Court, the Court shall determine the probable date of the birth of the child and the date determined shall be specified in the order as the date of birth of the child;
(b) if the given name or surname which the child is to bear after the adoption differs from his or her original given name or surname, the new given name or surname shall be specified in the order instead of the original given name or surname.
135. (1) The Adoption Committee shall establish and maintain a Post Adoption Register with respect to adoption and all information relating to adoption shall be recorded in the Post Adoption Register.
Post Adoption Register.
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(2) Except as may be prescribed, no record or copy of a record kept and maintained under subsection (1) is open to inspection by, or otherwise available to, a person.
PART XIV OFFENCES
136. (1) A person shall not give or receive, or agree to give or receive any payment or reward, either directly or indirectly, to procure or assist in procuring a child for the purposes of adoption.
(2) A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of twenty thousand dollars or to imprisonment for two years.
(3) Subsections (1) and (2) do not apply in respect of -
(a) any prescribed fee under this Act; or
(b) fees charged by an attorney-at-law for legal services.
137. (1) A person shall not -
(a) place or arrange the placement of a child for the purposes of adoption; or
(b) receive a child in his or her home for the purpose of adoption, unless the child has been placed by the Adoption Committee under this Act.
(2) A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of ten thousand dollars or imprisonment for six months.
Making of payment prohibited.
Contravening placement requirements.
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138. (1) A person shall not publish or cause to be published in any form or by any means an advertisement dealing with the placement of a child for adoption.
(2) A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of ten thousand dollars or to imprisonment for six months.
139. (1) A person shall not make a statement that he or she knows to be false or misleading in an application or in connection with an application for a copy of a birth registration or other record under this Act.
(2) A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of ten thousand dollars or to imprisonment for six months.
140. (1) A member of the Adoption Committee and review panel shall not, except in the course of, and for the purpose of the performance of his or her duties, disclose to another person anything that comes to his or her knowledge related to a matter which is to be, is being or has been determined by the Adoption Committee.
(2) A member of the Adoption Committee under section 89(3)(f) who contravenes subsection (1) is liable to be dismissed as a member of the Adoption Committee or, in the case of all members of the Adoption Committee and the review panel, may be liable to the penalty stipulated under section 141(2).
141. (1) A person shall not release any information that is deemed confidential under this Act to any unauthorised person.
(2) A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of fifteen thousand dollars or to imprisonment for one year.
Advertising.
Making a false statement.
Confijdentiality of information.
Releasing confidential information to unauthorised person.
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142. A person who -
(a) having responsibility for the care and protection of a child causes the child to be in need of care and protection;
(b) under section 14, knowingly makes a report or provides information which he or she knows to be false or misleading;
(c) reveals the identity of a person who makes a report or provides information under this Act;
(d) fails to comply with a Court order relating to the care of a child;
(e) obstructs the Adoption Committee or any other person in the performance of its functions or duties under this Act;
(f) without authority, induces or attempts to induce a child who is in the custody or supervision of the Director or of any other person who is responsible for the care of the child, to change the place of residence of the child;
(g) unlawfully takes, detains or harbours a child who is in the custody of or under the supervision of the Director or who is the subject of a removal order;
(h) has unlawful access to or contact or communication with a child who is in the custody of or under the supervision of the Director;
(i) publishes information that identifies the parties to an agreement or proceedings under this Act, other than information respecting the child of that person; or
Offences.
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(j) violates any other provision of this Act,
is guilty of an offence and is liable on summary conviction to a fine of fifty thousand dollars or to imprisonment for three years.
PART XV MISCELLANEOUS
143. A person acting under the authority of this Act is not personally liable for any damage suffered by a person in consequence of an act or thing -
(a) done in good faith; or
(b) omitted to be done, in the course of the exercise or performance of a power, duty or function under this Act.
in the course of the exercise or performance of a power, duty or function under this Act.
144. An appeal from a decision of the Court lies with the Court of Appeal.
145. The Chief Justice may make rules with respect to proceedings before the Court relating to children.
146. (1) The Minister may make regulations for giving effect to this Act.
(2) Without prejudice to the generality of subsection (1), the Minister may make regulations -
(a) respecting procedures for and access to, and the disclosure of, information obtained in the administration of this Act;
Limitation of liability.
Rules of Court.
Regulations.
Appeal.
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(b) respecting reports of investigations;
(c) respecting the establishment and maintenance of a child abuse register;
(d) respecting the establishment and appointment of an Advisory Committee under section 11, including its composition, terms of appointment and the responsibility of its members;
(e) providing for temporary care arrangements;
(f) prescribing forms to be used under this Act;
(g) prescribing the fees payable for applications made or other things done under this Act;
(h) prescribing the procedures and the terms and conditions for placement arrangements;
(i) respecting the maintenance of records;
(j) providing for the establishment and the operation of a child care service;
(k) prescribing requirements as to the accommodation and equipment to be provided in a child care service;
(l) prescribing the medical arrangements to be made for protecting the health and well-being of a child in a child care service;
(m) regulating the management of a child care service;
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(n) respecting the regular inspection of a child care service;
(o) to ensure the safety, welfare and well-being of a child in a child care service;
(p) to promote certain standards for the delivery of a child care service;
(q) respecting the qualifications necessary for employment with a child care service;
(r) respecting the Post Adoption Register;
(s) respecting home study assessments and post placement reports;
(t) governing the review of decisions made by the Adoption Committee;
(u) providing for the procedure and the manner in which a home study assessment shall be conducted by the Adoption Committee; and
(v) respecting any other matter the Minister considers necessary or advisable to effectively carry out the purposes of this Act.
PART XVI REPEAL AND TRANSITIONAL
PROVISIONS
147. (1) The Adoption of Infants Act, is repealed.
(2) Notwithstanding the repeal of the former Act, any subordinate legislation made under the former Act shall continue in force with the necessary modifications to bring them into
Repeal. Chap. 37:03.
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conformity with this Act until they are repealed under this Act.
148. (1) If -
(a) an application for an order was made under the former Act, that application shall be continued pursuant to and in conformity with this Act; and
(b) an order has been made in respect of a child under the former Act, this Act applies if that order is brought before the Court for review.
(2) If a child was placed for adoption under the former Act, the former Act continues to apply to all matters relating to the adoption of that child by the prospective adoptive parent.
(3) If a parent consented to the adoption of a child under the former Act and the child is placed for adoption with a prospective adoptive parent on the commencement of this Act, the former Act continues to apply to all matters relating to the adoption of the child by that prospective adoptive parent.
(4) A valid consent given under the former Act continues to be valid for the purposes of this Act.
(5) An order dispensing with consent under the former Act is valid for the purposes of this Act.
Transitional.
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SCHEDULE (Section 94)
Oath of Secrecy
I, __________________, Member of the Adoption Committee, do solemnly and sincerely swear that I will faithfully and honestly fulfil the duties that devolve upon me by reason of my membership on the Adoption Committee and that I will not, without due authority, disclose or make known any matter that comes to my knowledge by reason of such membership. So help me God.
Affirmation of Secrecy
I, __________, Member of the Adoption Committee, do solemnly affirm and declare that I will faithfully and honestly fulfil the duties that devolve upon me by reason of my membership on the Adoption Committee and that I will not, without due authority, disclose or make known any matter that comes to my knowledge by reason of such membership.
Passed in the House of Assembly this 25th day of April, 2023.
DANIEL JAMES Clerk of the House of Assembly
DOMINICA Printed by the Government Printer at the Government Printery, Roseau
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