In Part 1 of this Series, we examined certain provisions in the Protection of Children Act, Chapter 46:06. Now, we shall consider key provisions of this Act. Special attention must be paid to the general public’s duty to report all cases of child abuse to the relevant authorities under this Act. In Part 3, we will look at the offenses against children stipulated in the act. Let us, therefore, continue exploring this Act!
- the name of the child’s parents;
- the name of the perpetrator; and
- the child’s address and possibly directions to find where the child is located.
It is not necessary for the reporter to give their own name, but even if this is done, such information should be kept confidential.
Importantly, professionals such as doctors, teachers, caregivers, police officers, religious leaders and daycare providers, who, in the course of their professional or official duties or who are in a position of trust, discover or have the reasonable belief that a child is being abused or is at risk of abuse, have an absolute duty to report: section 7(4) and (5). This applies irrespective of whether the information is confidential or privileged: section 7(7).
Where a person fails to report the matter to the relevant authorities, that person commits an offence and shall be fined fifty thousand dollars ($50,000): section 7(6). Section 7(8) also creates an offence where a person interferes with or harasses a person who made a report. Such a person would be liable to a fine of two hundred thousand dollars ($200,000) or imprisonment for twelve (12) months: section 7(9).
- Determining the Need for Protective Intervention
- Where a report is made to the Childcare and Protection Agency, it must be urgently investigated to determine what support is to be offered to the child and to the family. SectiDuty to Report
According to section 7 of the Act, where a person has information that a child is being abused, that person has a duty to immediately report it to the relevant authorities, that is, the Childcare and Protection Agency and/or the Police. Where the report is made to the Police, they also have a duty to investigate and inform the Childcare and Protection Agency: section 7(3). Notably, it is a requirement that the reporting person reports all the information that is known: section 7(2). Such information may include:
- the name of the child;
- the child’s age;
on 8 requires such an assessment to be done to determine whether:
- a child is being abused or is at risk of abuse, or not;
- to offer support services to the child and the family depending on their need;
- to refer the child and the family to other services such as the Difficult Circumstances Unit, counselling, school placement, and job application services; or
- a further investigation has to be completed.
Notably, the Director of the Childcare and Protection Agency or a social worker may need to interview the child to determine whether he or she is being abused: section 9. This may be done in private or with a parent or guardian present.
- Removal of a Child and Placement
An important and necessary power that was given to the Childcare and Protection Agency is the removal of a child(ren) from an abusive environment: section 14. In every case, removal may not be necessary, and as noted previously, removal is a last resort where it is in the child’s best interest.
To remove a child, an Order of Court for protective intervention has to be obtained. The Agency therefore makes an Application to the High Court and once this Order is granted, the Agency may proceed with the removal of the child and thereafter placement. Notably, there are situations that may require the immediate removal of a child before an Order is obtained. This is possible where it is determined by the Director to be in the best interest of that child: section 14(6).
Where a child is removed from their home environment, the placement of such child shall be conducted in a manner which is least disruptive: section 41(1).
- The Director or social worker must first seek to locate relatives who are willing and able to provide care to the child (kinship care) – whether it is with a non-offending parent in an environment where the offending parent does not reside, godparents or close family members or friends whom the child has a close relationship: section 41(2).
- Where kinship care is unsuccessful at the time, foster parents may be considered. This depends on the availability and suitability of foster parents to care for said child.
- Institutional care is the last option for children in care, but where all other options fail, the child may be placed in an Orphanage or Group Home, whether privately or state-owned.
Placement of a child will be dependent on the facts of each individual case. Notably, where a child is removed from their home environment, there must be a review of each case by the assigned case worker to determine whether the arrangement is still in the best interest of the child. Where there is no change in the circumstances, the child may be recommended for adoption.
Conclusion
Let us be vigilant for the signs of child abuse in our homes, communities, and environments. When we fail to report any information we may have of child abuse, it could lead to the serious injury of or, worse yet, the death of an innocent child. As citizens of Guyana, we have a role to play in the protection of our children. Don’t be abusers and don’t be silent contributors to the abuse. Child abuse is everybody’s business. Help to keep every child safe.