Recommendation
(A/HRC/16/52/Add.3)
Situation during the visit
(A/HRC/16/52/Add.3)
Information received in the reporting period
population and any related risk factors removed.
Over the past five months, the CDA initiated a pilot project
designed to separate children with severe behaviour
management issues from other children. This pilot is now in
place for the Glenhope Place of Safety (severe behaviour
management issues) and Homestead Place of Safety (care and
protection). The pilot will be reviewed in March 2012 and the
findings of which will inform the necessary policy changes and
next steps going forward.
The term ‗uncontrollable‘ is usually used to refer to instances
where a child exhibits or otherwise acts out maladaptive and
socially unacceptable behaviours that makes it challenging or
difficult for parents or guardian to effectively provide care on
their own and which may result in their seeking intervention
from third-parties, one of whom is the Jamaican State. This
matter will be reviewed as part of a more comprehensive
review of the Child Care and Protection Act, which will
commence in 2012. Section 8, Subsection 1A of the Child
Care and Protection Act 2004, indicates that a child is
considered to be in need of care and protection if that child
"having no parent or guardian, or having a parent or guardian
unfit to exercise care and guardianship, is falling into bad
associations, exposed to moral danger, or beyond control‖.
141
An order under subsection (1) may - (a) be a correctional
A/HRC/19/61/Add.3
Section 24 of the Child Care and Protection Act 2004 governs
the application of judgment on matters which children are
deemed ―beyond control‖ herein also referred to as
‗uncontrollable‘, refers as follows: ―(Subsection 1) The parent
or guardian of a child may bring the child before a juvenile
court and where such parent or guardian proves to the court
that he is unable to control the child, the court may make an
order in respect of the child if satisfied – (a) that it is expedient
so to deal with the child, and (b) that the parent or guardian
understands the results which will follow from, and consents to
the making of, the order.
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