The Children Act 2009
Summary of the Children Act (Cap. 59)
Definition of a Child
A child is any person below the age of 18.
Rights of the Child
Right to education, health, protection from abuse, and participation in decisions affecting them.
Prohibits child labor, harmful cultural practices, and discrimination.
Parental Responsibility
Parents and guardians must provide care, guidance, and maintenance.
Legal mechanisms exist to enforce maintenance and resolve custody disputes.
Family and Children Court
Special courts handle child-related cases in a child-friendly manner.
Jurisdiction includes custody, maintenance, protection, and adoption.
Foster Care and Adoption
Regulates foster placement and adoption procedures.
Prioritizes the child’s best interests and requires court approval.
Protection from Abuse and Neglect
Allows for care orders, supervision orders, and emergency protection.
Mandates reporting of abuse and provides for rehabilitation services.
Approved Homes and Institutions
Establishes standards for children's homes and remand centers.
Ensures oversight by probation and social welfare officers.
Intercountry Adoption
Permitted under strict conditions, including proof that domestic options were exhausted.
Must be approved by the High Court.
Children in Conflict with the Law
Emphasizes rehabilitation over punishment.
Children must not be detained with adults and have the right to legal representation.
National Children Authority
Oversees implementation of child protection policies.
Coordinates with government and civil society to promote children's welfare.