MORE than three years after it first promised legislation to end the frequently condemned practice of children deemed “uncontrollable” being sent to penal institutions, the Andrew Holness-led Administration has finally acted.
Minister of Education and Youth Fayval Williams on Tuesday tabled a Bill in the House of Representatives titled “An Act to Further amend that Child Care and Protection Act (CCPA)”, almost three years to the day after she had made a statement in Parliament that the legislation was being fast-tracked.
In a statement to the House at that time Williams said, “Following the amendment of the CCPA, no child not charged with an offence would end up in a correctional facility.”
Fast-forward three years and Williams used a post-Cabinet media briefing on Wednesday to repeat the claim as she declared that debate on the amendment would begin when the House of Representatives sits next Tuesday.
Williams noted that the amended legislation will repeal Section 24 of the CCPA which gives the court the power to make a correctional order for children brought before it by a parent or guardian who feels the child is uncontrollable.
“As soon as the law is passed it will stop using the term ‘uncontrollable’ and instead use the term ‘behavioural issues’ and make provisions for the orders that may be made by the court, in respect of such a child, to include a residential therapeutic order or a non-residential therapeutic order, having regard to the results of a social inquiry report and a physiological or psychiatric report,” said Williams.
She told the media briefing that with the amendment any child who is taken before a court, other than a child alleged to have committed an offence, should be placed under the care of a children’s officer for a specified period not exceeding three years, instead of a probation and aftercare officer as currently obtains under Section 24 of the CCPA.
“The repeal of Section 24.2 will also enable Jamaica to become compliant with its obligations under notable international treaties on child justice and child rights, and establish a fairer and more equitable means of treating with cases involving children exhibiting behavioural challenges.
“Jamaica is signalling its commitment to promoting the best interest of the child,” declared Williams.
At present, Section 24 of the CCPA indicates that in a case where a parent or guardian proves to a court that he is unable to control his child, the court can make an order which could, among other things, result in the child being sent to a correctional centre.
That provision was rejected by then minister without portfolio in the Ministry of National Security, Senator Matthew Samuda who, in February 2021, told the Upper House that arrangements were being made to separate children deemed uncontrollable from those who have been criminally charged or convicted.
At that time Samuda said there were 26 juveniles deemed uncontrollable who were in the custody of the Department of Correctional Services.
“A correctional facility is simply not set up to deal with the nuanced issues facing juveniles deemed uncontrollable. In fact, our correctional officers are simply not trained to manage them and provide the necessary psychosocial support for those deemed uncontrollable. They are trained to manage those on remand, or those convicted of criminal offences,” said Samuda at the time.
“This discretion must be removed. Quite frankly, we have spoken about it for too long and it is indeed time to act,” added Samuda in what was believed to be a reference to a submission to Parliament made by Children’s Advocate Diahann Gordon Harrison in March 2013.
In that report Gordon Harrison noted that the concept of a child who is said to be beyond control essentially relates to a child who exhibits behavioural problems and/or maladaptive behaviour.
“Within the Jamaican context, when parents and/or other persons or entities that are charged with the responsibility of caring for children determine that they are unable to control the child, they engage the court process and seek the court’s intervention to have an order made as to how the child is to be dealt with, having regard to all the circumstances,” noted Gordon Harrison in the decade-old report.
Gordon Harrison, at that time, recommended that, “Any child who is alleged to be uncontrollable by his or her parent, or one who has the care, custody and control of such a child, should necessarily be subjected to an assessment by a forensic psychiatric professional. The objective of this exercise would be to detect whether there are any underlying causal factors, such as untreated post-traumatic stress disorders, and for suitable treatment options to be pursued in relation to the child’s needs.
“This assessment ought properly to be done prior to the making of any correctional order and the appropriate psychosocial interventions made. These may include a course of counselling with the child, both on an individual basis and with the affected and other relevant family members; a constructive exposure to anger management skills; the use of occupational and/or play therapy.”
She added: “There is a need for a facility that can accommodate those children who exhibit maladaptive behaviour patterns and who need special services geared toward addressing the underlying causes that lead to these behavioural problems.”
The Government is today scheduled to officially open a non-residential therapeutic centre, as recommended by Gordon Harrison in 2013, at the Maxfield Park Children’s Home in St Andrew. A residential therapeutic centre is already open in Windsor, St Ann.
