However, it retains the option of corporal punishment for child offenders. (c) provide any service or assistance for the child or his or her family as it considers appropriate, having regard to the recommendations of the conference. which the court suggests should be complied with by the child during that period, (c) the expectation of the court that the child will be of good conduct during that period and the possible consequences for the child of his or her failure to comply with any such conditions, and. (a) where the child is under 16 years of age, order the child to be detained in a children detention school. section 164 (3) The Board shall, subject to the provisions of this Part, be independent in the exercise of its functions. Amendment of Criminal Justice (Community Service) Act, 1983. (3) Where the Court dispenses with the requirements of this section, it shall explain in open court the reasons for its decision. (6) If, in the course of a conference, the facilitator is of opinion that the continued presence of any person is not in the best interests of the conference or the child, the facilitator may exclude that person from further participation in the conference. 23Q.—(1) Any person arranging or undertaking a private foster care arrangement shall submit to the health board in writing—. (d) the periodical review of the cases of children in those units and the matters to be considered in such reviews, (e) the records to be kept in those units and the examination and copying of any such records or of extracts therefrom by persons authorised in that behalf by the Minister, and, (f) the periodical inspection of those units by persons authorised in that behalf by—, (i) in case the units were provided under section 23K(1)(b) by a voluntary body or other person, the health board concerned, and. (4) A Director shall not be a member of the board that appointed him or her. (b) the parents or guardian of the child. 169.—(1) If a member of a board of management dies, resigns, becomes disqualified or is removed from office, the Minister may appoint a person to be a member in his or her stead. (5) The jurisdiction vested in the Court under this section shall be exercised by the judge for the time being assigned to the district of residence. (3) In any case where the court has explained to the child the matters referred to in subsection (2) and the child does not express his or her willingness to comply with the proposed community sanction and any conditions to which it is being made subject, the court may, instead of imposing such a sanction, deal with the case in any other manner in which it may be dealt with. but paragraph (b) shall not apply where the Director is satisfied that the failure to agree to being cautioned or supervised is attributable to undue pressure being brought to bear on the child by any person and, in that event, the child shall be deemed to have consented for the purposes of that paragraph. (i) reasonably suspects that unless the person is arrested he or she either will abscond for the purposes of evading justice or will obstruct the course of justice, (ii) having enquired of the person, has reasonable doubts as to the person's identity or place of abode, or. (1), be determined by the juvenile liaison officer who is supervising the child. or who has been informed of its contents may tender evidence on any matter referred to in it. Defence Act, 1954 (14) Where the child participates in any occupation or activity, or receives any instruction, under supervision outside the day centre, subsection (13) shall not apply, and, where any such occupation, activity or instruction continues over more than one day, each such day shall count towards the number of days that the court has specified that the child shall attend at the centre. (2) Subject to subsection (3), the court may make a parental supervision order in addition to any other order it may make in relation to either the child or the child's parents. (b) the period during which the order is in force, (c) the first occasion on which the child shall attend the place where the programme is being organised so as to enable the person in charge of the programme to inform the child of the details of the programme, including the length of time it will take to complete, and. (b) it would not be sufficient for the protection of the child from such immediate and serious risk to await the making of an application for an emergency care order by a health board under section 13 of the Act of 1991. the member may remove the child to safety and the provisions of Part III of the Act of 1991 shall then apply as if the removal were a removal under section 12 of that Act. 124.—(1) A court may order that a child shall undertake and complete a programme of training or specified activities in accordance with the provisions of this section. section 47 (3) Before laying the annual report before each House of the Oireachtas, the Minister may omit material from it where the omission is necessary to avoid the identification of any person. (4) The Minister shall cause copies of each report under subsection (1) to be laid before each House of the Oireachtas. (b) being unable to provide such food, clothing, heating, medical aid or accommodation, fails to take steps to have it provided under the enactments relating to health, social welfare or housing. (2) Any such action plan shall be agreed unanimously by those present at the conference, unless the disagreement of any person present is regarded by the facilitator as unreasonable, in which case that person's agreement to the plan shall not be necessary. (6) Subject to the foregoing provisions of this section, an escape from a children detention school may be treated as a breach of the discipline of the school. section 79 (b) the relevant health board has consented to the continuance of the arrangement pending the completion of an assessment of that person under those Acts. Criminal Law (Rape) Act, 1981 as may be necessary for the purposes of enabling sections 129 to 132 to have full effect. (a) the education or training programme to be undertaken and completed, or the course of treatment to be undergone, by the child concerned while the order is in force. 226.—(1) On the commencement of this section there shall stand established a body, to be known as the Special Residential Services Board, or in the Irish language An Bord Seirbhísí Cónaithe Spesialta, to perform the functions assigned to it by this Part. (4); “formal caution” and “informal caution” have the meanings assigned to them respectively by Freedom of Information Act, 1997 (2) The Chief Executive shall be appointed by the Board and shall hold office on such terms and conditions as may be determined by the Board with the consent of the Ministers and the Minister for Finance. (e)  Part 11 shall come into operation on such day as the Minister for Health and Children, with the agreement of the Minister for Education and Science, may by order appoint. (5) In determining whether to order a parent or guardian to pay compensation in accordance with subsection (1) and in determining the amount of the compensation, the court shall have regard to the present and future means of the parent or guardian in so far as they appear or are known to the court and for that purpose the court may require the parent or guardian to give evidence as to those means and his or her financial commitments. (g) any other matters that may be relevant in the particular case. (4) The member in charge of the station may authorise the removal of a parent or guardian during the questioning of the child or the taking of a written statement where the member has reasonable grounds for believing that the conduct of the parent or guardian is such as to amount to an obstruction of the course of justice. Pro-Children Act of 2001 Popular Name Statutized? (5) The Minister may cancel such a certificate if he or she is of opinion that the special care unit concerned is no longer suitable for use as such a unit or is no longer required for that purpose. (2) Subject to (c) the probation and welfare officer who is supervising the child. (2) Subsection (1) shall not apply in relation to any such disclosure of information to the Minister or his or her officers or to the Comptroller and Auditor General. (g) limiting the child's attendance at specified premises, (h) prohibiting the consumption by the child of intoxicating liquor, and. (3) (4) The notice shall issue only with the agreement of the child and where the member is of opinion that the adult concerned is likely to be of assistance to, and provide support for, the child during the court proceedings. section 9 (2) Where the Director makes a decision pursuant to subsection (1), he or she shall inform the juvenile liaison officer supervising the child accordingly and that officer shall so inform the child and the child's parent or guardian as soon as practicable. (3) The members of the Board shall include: (a) three representatives of the children detention schools, nominated by the Minister for Education and Science. section 126 (4) The order may be subject to any conditions, limitations or restrictions that the Director thinks appropriate to impose. (2) Without prejudice to the generality of subsection (1), the inclusion in probation officers' reports of information relating to the following matters, where appropriate, and such other matters (if any) as may be necessary or expedient for the purposes of any enabling provision of this Part to have full effect, may be prescribed—. (7) A child in respect of whom a day centre order has been made shall be under the supervision of a probation and welfare officer and while in attendance at a day centre shall be subject to the control, direction and supervision of the person in charge of the centre. (3) The court may not make an order under (10) When deciding whether to make an order under this section, the court, in addition to and without prejudice to any other consideration, shall have regard to the age and level of maturity of the child. (b) the results of any bona fide research relating to it. (II) where the child is already residing in a children's residential centre to which Part VIII of the Act of 1991 applies or in some other suitable place, the child shall continue to do so, (ii) that the child shall, for the purpose of facilitating the preparation of the report, attend, as the case may be—, (I) at the residence, centre or other suitable place, or. the member shall endeavour to deliver or arrange for the child to be delivered to the custody of the health board for the area in which the child normally resides and shall inform the board of the circumstances in which the child came to the notice of the Garda Síochána. Criminal Law Amendment Act, 1935 section 182 Community Capacity Support and Development, Operations and Coordination of Field Services, Counter Trafficking In Persons Section(CTiP) Section, Strategic interventions in Child Protection Section, Administration and Support Services >, Human Resource Management and Development Unit, Information and Communications Technology Unit, Street Families Rehabilitation Trust Fund (SFRTF), >National Council for Persons with Disability(NCPWD), >Children Protection Information Management System(CPIMS), >National Social Protection Secretariat(NSPS), >National Council for Children’s Services(NCCS), Fostering, Adoption Custody, maintenance, Guardianship, The Act is currently under review to align it to the Kenya Constitution and address emerging issues on children, In discharging its functions , DCS makes reference to international Instruments (UNCRC), Regional Instruments( ACRWC),the Kenyan Constitution, other relevant statutes ,the Children’s Act, Policies, Manuals , guidelines , regulations and National Plan of Actions. 137.—(1) In this section “dual order” means an order which requires a child either—, (a) to be under the supervision of a probation and welfare officer for a specified period, or. section 204 (3) The facilitator shall ensure, as far as practicable, that any information and advice required by the conference to carry out its functions are made available to it. , as having been elected to the European Parliament to fill a vacancy. (a) to remain under the intensive supervision of a probation and welfare officer, (b) to reside at a specified residence during the period of intensive supervision, and. (9) The period during which a child who is placed out is absent from a school shall be deemed to be part of the child's period of detention in the school but, if a child fails to return to the school when the placing out is revoked, the time that elapses thereafter shall be excluded in calculating the period during which he or she is to be detained. 235.—Sections 175, 177 and 178 (dealing, respectively, with meetings and procedure, membership of either House of the Oireachtas or of the European Parliament and non-disclosure of information) shall apply, with any necessary modifications, in relation to the Board as those provisions apply in relation to boards of management of children detention schools. section 78 (6) Before laying a report before each House of the Oireachtas, the Minister may omit material from it where the omission is necessary to avoid the identification of any person. Email: ps@socialprotection.go.ke. This Act may be cited as the Children Act, 2001 and shall come . The Act amended the Children Act 1989, largely in consequence of the Victoria Climbié inquiry.. (2) Where a child who is placed under the supervision of a juvenile liaison officer is subsequently found guilty of an offence the period of supervision shall terminate forthwith, if it has not terminated at the time of the finding of guilt. (d) to report to the Minister in relation to any other matter relating to any school either as instructed by the Minister or on its own initiative. >Children Protection Information Management System(CPIMS) (2) A visiting panel and every member thereof shall be entitled at all times to visit either collectively or individually a children detention school in respect of which it is appointed and shall at all times have free access either collectively or individually to every such school and every part of it. 192.—Any judge may visit any children detention school or any place provided under (9) The terms and conditions of appointment of members of the committee and of any of their allowances or expenses shall be such as may be determined by the Minister with, in the case of any allowances or expenses, the consent of the Minister for Finance. section 131 (1), 99.—(1) Subject to subsections (2) and (3), where a court is satisfied of the guilt of a child, it—. (4), a child may not be transferred from a children detention school to a children detention centre. section 159 , would constitute an offence, any person who aids, abets, counsels or procures the child in or in relation to that act or omission shall be guilty of that offence and be liable to be indicted, tried and punished as a principal offender. section 150 section 161 (2) A probation and welfare officer who convenes a family conference shall ensure, as far as practicable, that any information and advice required by the conference to carry out its functions are made available to it. (c) (10) A day centre order shall not be made unless the court is satisfied that the day centre to be specified in it is reasonably accessible to the child concerned or that arrangements can be made for the child's attendance at the centre, having regard to the child's age and sex, the means of access available to him or her and any other relevant circumstances. (2) A formal caution shall be administered in a Garda Síochána station or, in exceptional circumstances, elsewhere by—, (a) a member of the Garda Síochána not below the rank of inspector, or. (4) Without prejudice to the generality of subsection (2), that subsection shall be construed as prohibiting, among other things, the reckoning of a period mentioned in that subsection as service with a board of management for the purposes of any superannuation benefits. 8.—(1) A family welfare conference shall—. (c) where it exceeds 90 days, be subject to review by the court after it has been in operation for 60 days. (7) The court may vary or revoke an order made by it under this section if, on the application of the parent or guardian concerned, it appears to the court, having regard to any change in circumstances since the order was made, to be in the interests of justice to do so. ; “facilitator” has the meaning assigned to it by (b)  The facilitator shall be either the juvenile liaison officer supervising the child or another member of the Garda Síochána. (d) to allow children reside in their own homes. (b)  the grades in each such class, and the number of staff in each such grade. (6) A failure, without reasonable excuse, by a child to return to the school when his or her period of permitted absence has expired shall be treated as a breach of the discipline of the school. (4) The committee shall have access to and may examine any documents relating to the operation of the Programme and may discuss any aspect of it with the Director and any other person concerned with its operation. (3) Where the court dispenses with the requirements of subsection (1), the court shall explain in open court why it is satisfied it should do so. , the board of management or trustees of a certified reformatory school or industrial school to which on such commencement subsection (1) of that section applies, or any agent thereof acting on behalf of such a school, is a party to any proceedings pending in any court or tribunal, the name of the board of management appointed to the school under (c) any other conditions that the child may be required to observe while the order is in force, as provided for in section 2 of the Act of 1907 and (d) The periods referred to in paragraphs (a) and (c) may be varied by the Director in a manner consistent with any regulations under section 155 16.—The Act of 1991 is hereby amended by the insertion of the following Parts after section 23: Children in need of Special Care or Protection. section 161 33.—The decision on where to hold a conference shall be made by the facilitator after hearing the views in that regard of the persons who are to attend it. (5) Where a child is placed out under this section, the Director shall ensure that at the time of the placing out—, (a) the conditions of the child's placing out are communicated in writing to the child, to the person receiving and taking charge of the child and to the probation and welfare officer supervising the child in the community, and.