What is the Child Care and Protection Act?

THERE IS a law that makes rules about the care and protection of every Jamaican child. This law applies to parents, teachers, day-care centre workers, doctors, nurses, guidance counsellors and other persons who work with children. In fact, EVERY ADULT HAS A RESPONSIBILITY under this new law.

WHAT ARE THE MAIN PURPOSES OF THIS ACT?

To make sure that adults consider the views and best interests of children.

To put in place new organisations – like the Children’s Registry and the Office of the Children’s Advocate – to monitor the care and protection of children.

To provide special help to children who are in need of care and protection.

To make sure that all children are protected from abuse or neglect.

WHAT TYPES OF ACTIVITIES WOULD BE CONSIDERED TO BE ABUSE?

Children may be abused or ill-treated in different ways. Some examples are:

Physical abuse, e.g., beating that results in injury or harm.

Sexual abuse, e.g., touching or caressing a child in a way that is not appropriate.

Emotional abuse, e.g., not providing for your child’s basic needs, exposing your child to danger or abandoning your child.

WHAT DOES THE ACT SAY ABOUT THE DUTIES OF A PARENT?

The Act says that parents have the main responsibility for the care and protection of children. Parental duties apply to:

Both mother and father, whether or not they live with the child.

Step-parents, foster parents or adoptive parents.

Guardians or other persons charged with the raising of the child. Some of these duties are:

To provide children with food, clothing, shelter and health care (e.g., immunisation).

To provide education by ensuring that all children between the ages of four and 16 are registered and attending school.

To provide maintenance or financial support for children.

To protect children from abuse, neglect and harm.

HOW DO I KNOW WHEN A CHILD IS IN NEED OF CARE AND PROTECTION?

The Act gives some examples, which include:

The child who has no parent or guardian.

The child who is exposed to moral danger or bad company.

The child whose physical or mental health is in danger.

The child who is destitute or living in extreme poverty.

The child who is living, wandering or begging on the streets.

WHAT OTHER DUTIES DO ADULTS HAVE UNDER THE ACT?

Every adult has one main duty under the Act: To

make a report if they know or suspect that a child is being abused or is in need of care and protection. This duty to report applies:

Whether you are certain or only suspicious.

Whether the abuse has happened, is happening or is likely to happen.

The Act also lists some things that adults must NOT do with children:

Do NOT sell or give drugs, cigarettes or alcohol (e.g., beer or rum) to a child.

Do NOT allow a child to work or go into a nightclub.

Do NOT employ a child younger than 15 years old, unless the work does not affect the child’s health or education. Children under 13 should not be employed at all.

Do NOT use a child to do anything immoral or illegal.

For more information on the Act, please visit www.cda.gov.jm.