The Protection of Children Bill, which empowers the state to wrestle temporary control of children in risky situations from their homes and also extends certain rights to persons over 12, was sent to a Select Committee when it came for a second reading in Parliament on Thursday.
Minister of Human Services Priya Manickchand, who tabled the bill in the National Assembly at the last sitting, passed on the debate to facilitate further discussions. She said a few members on both sides of the house had approached her with critical suggestions following the first reading of the bill and “the decision to open [discussions] was taken”.
The introduction of the Protection of Children Bill closely follows the recent passage of the Childcare Agency Bill, which was also tabled by Manickchand, as she attempts to establish a network of services for children in vulnerable situations.
Some provisions made in the new bill falls under the umbrella of the Childcare Agency that is to be established. But a key part of the proposed legislation is that it empowers the state to make “protective interventions” in the lives of children who are at risk at the hands of their parents or guardians and or any other person, whether the risk is being physically, emotionally or sexually harmed or exploited.
Children who are abandoned and orphaned, and are living in violent situations are also named in the bill.
There are provisions that allows for a child to be heard in court if the child requests it, and for the state to provide legal representation if it required; the bill recognizes a person over 12 years of age as having the right to, on request, access to information relating to him/herself.
The bill proposes a strengthened relationship with the judiciary and empowers a judge to grant various orders that affects the wellbeing of children considered at risk. It allows for the director of the Childcare Agency or a social worker to apply to the judge for the removal of a child who is in need of protective intervention, and provides for the judge to make an order authorizing the director or social worker to remove the child by force if necessary.
Persons working in the childcare system that are convicted of any sexual offence would be publicly named as being unsuitable to work with children, according to the bill; the minister is to compile a list of persons unsuitable to work with children.
Several provisions are outlined in the bill including empowering a judge to grant an order for children to receive medical treatment if their parents refuse to seek such treatment for them, and allowing such court action to be done ex parte.
