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PARLIAMENT OF THE

REPUBLIC OF TRINIDAD AND TOBAGO

(ELEVENTH PARLIAMENT- 2015/2016 SESSION)

REPORT

OF THE

JOINT SELECT COMMITTEE

ON

THE FAMILY AND CHILDREN DIVISION BILL, 2016

Ordered to be printed

TOGETHER WITH THE MINUTES OF PROCEEDINGS

PARL:

SENATE PAPER NO: / 2016

1

THE COMMITTEE

APPOINTMENT 1.1 Pursuant to resolutions of the House of Representatives on Friday March

11, 2016 and of the Senate on Tuesday March 22, 2016, the Family and Children Division Bill, 2016 was sent to a Joint Select Committee for its consideration and to report by April 29, 2016.

MANDATE 1.2 Since the Bill was committed after Second Reading, pursuant to Standing

Orders 69 (House of Representatives) and 67(Senate), the Committee’s mandate was confined to consideration of the details of the Bill as opposed to the consideration of its merits and principles.

MEMBERSHIP 1.3 The following persons were appointed to serve on the Committee:

Mr. Faris Al-Rawi, MP Mr. Randall Mitchell, MP Mrs. Ayanna Webster-Roy, MP Ms. Ramona Ramdial, MP Mr. Barry Padarath, MP Ms. Khadijah Ameen Ms. Nadine Stewart Mr. Hafeez Ali Mr. W. Michael Coppin Ms. Melissa Ramkissoon

CHAIRMANSHIP 1.4 At its First meeting on Friday April 1, 2016, your Committee elected Mr. Faris

Al-Rawi to be its Chair, in accordance with House of Representatives Standing Order 97(3) and Senate Standing Order 87(3).

SECRETARIAT 1.5 During the session Ms. Chantal La Roche, Legal Officer II and Ms. Tanya Alexis

Legal Officer I were appointed to serve as Secretary and Assistant Secretary respectively.

MEETINGS 1.6 Your Committee held five (5) meetings on the following dates:

Friday April 1, 2016 Friday April 8, 2016; Friday April 15, 2016; Wednesday April 20, 2016; and Wednesday April 27, 2016

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1.7 The Minutes of the meetings and attendance records are attached at Appendix I.

CONSIDERATION OF THE BILL

APPROACH TO DELIBERATIONS 2.1 At its First Meeting held on Friday April 1, 2016, your Committee agreed that

all Members of the Committee should familiarize themselves with the following documents:

a) a compilation of the track changed versions of the Acts which would be amended by Schedule 5 of the Bill; and

b) other resource materials utilized during the drafting process of the Bill.

2.2 During preliminary discussions it was agreed that the assistance of the technocrats involved in the drafting of the Bill would be required during the deliberations of the Bill.

2.3 The following persons comprised the Technocrat Team that assisted the

Committee during consideration of the Bill:

Office of the Chief Parliamentary Counsel Mrs. Angela Moore Senior Legal Counsel Ms. Carla Ali Legal Counsel II

Juvenile Court Project

Master Christie-Anne Morris-Alleyne Project Manager Ms. Gaietry Pargass Legal Consultant Ms. Donna Boucaud Component Manager Ms. Shari Niles Hypolite Legal Officer

Children’s Authority

Mrs. Stephanie Daly, SC Chairman

MAIN ISSUES DISCUSSED 2.4 During discussions with the Technocrat Team a number of general issues in

relation to the Bill and the operational structures needed for its successful implementation were raised:

a. The backlog of cases in the pilot Family Court Project

The Committee was advised that presently the Family Court is in its pilot phase and does not have a backlog of cases. It was further explained that the

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Bill seeks to implement a proper organizational structure that would prevent large backlogs of cases when the Family Court is fully established.

b. The appointment process for judges and staff Master Morris-Alleyne explained that the usual process would be followed, with interim contract positions being utilised as required.

c. The establishment of a Children’s Ombudsman Mrs. Daly advised that the establishment of the Children’s Authority made the need for a Children’s Ombudsman superfluous as they would perform the same functions.

d. The qualifications of child psychologists The Committee was informed that the Court has inherent jurisdiction to question the qualifications of any expert, and that during the consultation process, meetings were held with relevant stakeholders including the Trinidad and Association of Psychologists and the Association of Psychiatrists of Trinidad and Tobago.

e. Trying a child as an adult Master Morris-Alleyne advised the Committee that the existing legal system and legislation was unsuitable for considering if a child 14 years of age would be tried as an adult for serious offences.

f. Time frame for the operationalization of the Children and Family Courts The Committee was advised that the Judiciary had already identified locations for the Courts in North and South Trinidad and that it was expected that the Children and Family Courts would be fully operational in Trinidad by November 2016 and in Tobago by the end of 2017.

g. Whether the Social Services Unit comprised medical experts to address special needs of a child Ms. Boucaud advised that the Social Services Unit is comprised of social workers, intake officers, assessment officers and probation officers assigned from the Probation Services Division, all of whom are either trained in social work or in some similar capacity that would allow them to function in that capacity.

h. Responsibility for DNA testing Master Morris-Alleyne explained the distinction between DNA in civil matters and criminal matters. She also advised that the Forensic Science Centre deals with DNA testing for criminal matters and Occupational Health Solutions deals with DNA in civil matters. The also provides for the Minister to add other recognized facilities to be added by way of Order.

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i. Comparative Youth Court Systems Master Morris-Alleyne and Ms. Pargass explained the differences between the proposed Children subdivision of the Family Court and other jurisdictions, such as Jamaica (which has a juvenile justice system) and Barbados.

j. The Children Court Rules Master Morris-Alleyne advised that the Supreme Court Rules Committee has been deliberating on the Children Court Rules, but the Rules Committee is awaiting passage of the Family and Children Division Bill to ensure compliance and harmony.

WRITTEN SUBMISSIONS 3.1 Your Committee received a written submission from the Civil Organisation

Group, Allies for Justice and Diversity, on the decriminalization of sexual activity between children of the same sex.

3.2 Your Committee thoroughly discussed the submissions received, but noted

that the proposed amendments were beyond the scope of the Committee’s mandate. The submissions received and replies to the organisation are attached at Appendix II.

REPORT AND RECOMMENDATIONS

4.1 In accordance with Standing Orders 114(1) and 104(1) of the House of Representatives and the Senate, respectively, your Committee wishes to report that it has completed its work.

4.2 Your Committee recommends that the House agree with its proposals for

amendments to the Bill, attached at Appendix III. Your Committee further recommends that the House consider and adopt the (amended) Family and Children Division Bill, 2016. A consolidated version of the amended Bill is attached at Appendix IV for ease of consideration.

Respectfully submitted,

Sgd. Mr. Faris Al-Rawi, MP

Chairman

April 28, 2016

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Appendix I

MINUTES

OF

PROCEEDINGS

AND

ATTENDANCE RECORD

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JOINT SELECT COMMITTEE ON THE FAMILY AND CHILDREN DIVISION BILL, 2016

MINUTES OF THE FIRST MEETING HELD IN THE ARNOLD

THOMASOS ROOM (EAST), LEVEL 6, OFFICE OF THE PARLIAMENT, TOWER D, IWFC, #1A WRIGHTSON ROAD, PORT OF SPAIN ON APRIL

01, 2016 at 10:00 A.M.

PRESENT Mrs. Brigid Annisette-George - Speaker of the House

Committee Members Mr. Barry Padarath, MP - Member Ms. Nadine Stewart - Member Mr. W. Michael Coppin - Member Mr. Randall Mitchell, MP - Member Ms. Melissa Ramkissoon - Member Mr. Khadijah Ameen - Member Mr. Faris Al-Rawi, MP - Member

Secretariat Ms. Chantal La Roche - Secretary Ms. Tanya Alexis - Assistant Secretary

ABSENT/EXCUSED

Ms. Ramona Ramdial, MP - Member Mr. Hafeez Ali - Member Mrs. Ayanna Webster-Roy, MP - Member

COMMENCEMENT 1.1 The meeting was called to order by the Speaker of the House at 10:20

a.m.

ELECTION OF CHAIRMAN 2.1 The Speaker advised that her role was to facilitate the election of a

Chair and she invited nominations.

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2.2 Mr. Randall Mitchell nominated Mr. Faris Al-Rawi for the

chairmanship and this nomination was seconded by Mr. W. Michael Coppin.

2.3 There being no further nominations, Mr. Al-Rawi was declared Chairman.

2.4 The Speaker of the House informed Members that Ms. Chantal La

Roche would serve the Committee as Secretary, and Ms. Tanya Alexis would serve as Assistant Secretary.

2.5 Mr. Al-Rawi was invited to take the Chair. 2.6 The Chairman took the Chair and began by thanking Members for

their support for his nomination. EXCUSES FOR ABSENCE/LATE ARRIVAL 3.1 The Chairman indicated that Ms. Ramona Ramdial, MP and Mr.

Hafeez Ali would be excused from the day’s meeting, and that Mrs. Ayanna Webster-Roy, MP would arrive late as she had a conflicting engagement.

QUORUM 4.1 The Chairman proposed a quorum of five (5) persons, inclusive of the

Chair, provided that at least one Member from each House was present. The Committee agreed to this proposal.

PROCEDURAL MATTERS 5.1 The Chairman reminded Members of the Committee to Standing

Orders 113 of the House of Representatives and 103 of the Senate in relation to the Premature Publication of Evidence.

5.2 The Chairman also referred Members to Standing Order 69(1) of the

House of Representatives and 67(1) of the Senate on the procedure in Committee on Bills after Second Reading.

DISCUSSIONS ON THE WAY FORWARD 6.1 The Chairman invited discussion on the approach to be taken by the

Committee in achieving its mandate.

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Documents to be circulated to Members 6.2 The Committee requested the circulation of track changes to Acts

which would be amended by Schedule 5 of the Bill. 6.3 The Chairman agreed to make other resource material utilised during

the drafting process available to the Secretariat for circulation to Members.

Stakeholders 6.4 The Committee agreed on the need to invite stakeholders who were

involved during the drafting of the Bill to appear before the Committee. After some discussion it was also agreed that Members should forward to the Secretariat any other stakeholders for the consideration of the Committee.

6.5 The Committee agreed that the Members should submit comments,

issues and proposed amendments on the Bill to the Secretariat before April 8, 2016 so that they could be collated and circulated.

6.6 The Committee agreed to the following meeting days:

Friday April 8, 2016 – (morning period) Friday April 15, 2016 – (morning period) Wednesday April 20, 2016 – (afternoon period) Friday April 22, 2016 – (morning period) Wednesday April 27, 2016 – (morning period)

ADJOURNMENT 7.1 There being no other business, the Chairman thanked Members and

adjourned the meeting to Friday April 8, 2016 at 10:00 a.m. 7.2 The adjournment was taken at 11:07 a.m. I certify that these Minutes are true and correct.

Chairman

Secretary

April 1, 2016

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MINUTES OF THE SECOND MEETING HELD IN THE ARNOLD

THOMASOS ROOM (EAST), LEVEL 6, OFFICE OF THE PARLIAMENT, TOWER D, IWFC,

#1A WRIGHTSON ROAD, PORT OF SPAIN ON APRIL 08, 2016 at 10:00 A.M.

PRESENT

Committee Members Mr. Faris Al-Rawi, MP Chairman Mr. Barry Padarath, MP Member Mrs. Ayanna Webster-Roy, MP Member Mr. Hafeez Ali Member Ms. Khadijah Ameen Member Ms. Nadine Stewart Member Mr. W. Michael Coppin Member Ms. Melissa Ramkissoon Member

Secretariat

Ms. Chantal La Roche Secretary Ms. Tanya Alexis Assistant Secretary

ABSENT/EXCUSED

Mr. Randall Mitchell, MP Member

Ms. Ramona Ramdial, MP Member Also present were: Office of the Chief Parliamentary Counsel

Mrs. Angela Moore Senior Legal Counsel Ms. Carla Ali Legal Counsel II

Juvenile Court Project Master Christie-Anne Morris-Alleyne Project Manager Ms. Gaietry Pargass Legal Consultant Ms. Donna Boucaud Component Manager

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Children’s Authority Mrs. Stephanie Daly, SC Chairman

Attorney General’s Secretariat Mr. Simon Devin Branellec Paralegal Officer Ms. Solange De Souza-Ransome Senior Legal Counsel

COMMENCEMENT 1.1 The meeting was called to order by the Chairman at 10:18 a.m.

1.2 The Chairman indicated that Ms. Ramona Ramdial, MP was excused

from the day’s meeting.

CONFIRMATION OF MINUTES 2.1 There being no corrections, the motion for the confirmation of the

Minutes of the First Meeting, held on Friday April 1, 2016, was moved by Mr. Coppin and seconded by Ms. Stewart and the Minutes were confirmed by the Committee.

MATTERS ARISING FROM THE MINUTES 3.1 The Chairman advised Members that the compilation of the track

changed versions of the Acts which would be amended by Schedule 5 of the Bill and Juvenile Court Project Brief were forwarded to the Members.

3.2 The Chairman also advised that as agreed, technocrats involved in the

drafting process would attend subsequent meetings to render assistance to the Committee during its deliberations.

ANALYSIS OF THE BILL 4.1 The Chairman invited Master Morris-Alleyne, to lead a presentation

on the Family and Children Division Bill, 2016. 4.2 During the presentation key features of the Bill were discussed, inter

alia: i. The establishment of a Family and Children Division of

the High Court. ii. The transition of the Family Court from pilot to

permanent status, and the establishment of the Family Court model to other areas of Trinidad and Tobago.

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iii. The jurisdiction and powers in all family matters and children matters exercisable by the High Court and in Courts of Summary Jurisdiction to be exercised by the Family Court subdivision and Children Court subdivision respectively.

iv. The appointment and assignment of the jurisdiction and powers of Family Court Judges, Family Court Masters and staff of the Family Court.

v. Improvement of access to legal services beyond the St. George West Magisterial district.

vi. Creation of the administration and operational structures needed for the judiciary to fully operationalize the Children’s Act.

vii. The current role of the Clerks of the Court (Clerks of the Peace) who have no formal legal training but perform a quasi-judicial function. This role will now be performed by the Registrar/Deputy Registrar and Marshals of the Children and Family Courts.

viii. The rehabilitative and restorative approach to dispute resolution through Peer Resolution, a court-annexed diversionary programme.

4.3 The Chairman asked to be excused to attend an urgent meeting. The

Committee agreed that Mr. Coppin would chair the remainder of the meeting. The meeting was then suspended at 11:28 a.m.

4.4 The Meeting resumed at 11:35 a.m. and Members were invited to ask

questions and address concerns in relation to the Bill.

The following questions and concerns were discussed:

i. The use of peer mediation leading to peer resolution Ms. Daly and Master Morris-Alleyne explained that peer mediation was not akin to peer resolution, since peer mediation is a type of negotiation, whereas peer resolution is used in instances where a child has admitted to an offence and is charged.

ii. The backlog of cases in the pilot Family Court Project The Committee was advised that the existing Family Court in its pilot phase does not have a large backlog, and the Bill is seeking to address its organisational structure.

iii. The appointment process for judges and staff

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Discussion ensued in relation to the possibility of utilising retired judges, the role of the Judicial and Legal Services Commission, the Salaries Review Commission and the Chief Personnel Officer and possible delays in staff and judicial appointments. Master Morris-Alleyne explained that the usual process would be followed, with interim contract positions being utilised as required.

iv. The establishment of a Children’s Ombudsman Ms. Daly advised that the establishment of the Children’s Authority made the need for a Children’s Ombudsman superfluous as they would perform the same functions.

v. Comparative Youth Court Systems Master Morris-Alleyne and Ms. Pargass explained the differences between the proposed Children subdivision of the Family Court and other jurisdictions, such as Jamaica (which has a juvenile justice system) and Barbados.

vi. The Children Court Rules Master Morris-Alleyne advised that the Supreme Court Rules Committee has been deliberating on the rules, but is awaiting passage of legislation to ensure compliance and harmony.

vii. The qualifications of child psychologists The Committee was informed that the court has inherent jurisdiction to question the qualifications of any expert, and that during the consultation process, meetings were held with relevant stakeholders including the Trinidad and Association of Psychologists and the Association of Psychiatrists of Trinidad and Tobago.

viii. Availability of Children’s Attorneys Master Morris-Alleyne advised that a Children’s Attorney did not have the same role of a defence attorney, and thus would not be required for every matter.

ix. Trying a child as an adult In response to a question in relation to the possibility of children over the age of 14 being tried as adults for serious offences, the Committee was advised that the existing legal system and legislation were unsuitable for such a consideration.

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x. Time frame for operationalization of the Children and Family Courts The Committee was informed that locations were already identified by the judiciary and that the Courts in North and South Trinidad are expected to be delivered in November 2016 and in Tobago by the end 2017.

xi. Availability of Family Court Pilot Project Reports The Committee was advised that a monitoring Committee was responsible for collecting data on the project and produced annual reports. The Technocrat Team agreed to circulate the reports to the Members.

OTHER MATTERS 5.1 The Chairman advised the Committee that correspondence had been

received from Colin Robinson, the Executive Director of CAISO on behalf of Allies for Justice and Diversity, requesting a meeting with the Committee.

5.2 The Committee decided as follows:

i. to request from Allies for Justice and Diversity its written submission on the Family and Children Division Bill, 2016; and

ii. upon receipt and consideration of the submissions, to assess whether Allies for Justice and Diversity would be invited to appear before the Committee.

5.3 The Committee agreed that its next meeting will be held on Friday

April 15, 2016 at 10:00 a.m. ADJOURNMENT 6.1 The Chairman thanked Members and adjourned the meeting to

Friday April 15, 2016 at 10:00 a.m.

6.2 The adjournment was taken at 12:19 p.m. I certify that these Minutes are true and correct.

Chairman

Secretary April 8, 2016

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MINUTES OF THE THIRD MEETING HELD IN THE A. N. R. ROBINSON MEETING ROOM (EAST), LEVEL 9, OFFICE OF THE PARLIAMENT,

TOWER D, IWFC, #1A WRIGHTSON ROAD, PORT OF SPAIN ON APRIL 15, 2016 at 10:00 A.M.

PRESENT

Committee Members

Mr. Faris Al-Rawi, MP Chairman Mr. Barry Padarath, MP Member Mrs. Ayanna Webster-Roy, MP Member Mr. Hafeez Ali Member Ms. Khadijah Ameen Member Ms. Nadine Stewart Member Mr. W. Michael Coppin Member Ms. Melissa Ramkissoon Member Mr. Randall Mitchell, MP Member Ms. Ramona Ramdial, MP Member

Secretariat

Ms. Chantal La Roche Secretary Ms. Vahini Jainarine Legal Officer

Also present were: Office of the Chief Parliamentary Counsel

Ms. Angela Moore Senior Legal Counsel Ms. Carla Ali Legal Counsel II

Juvenile Court Project Master Christie-Anne Morris-Alleyne Project Manager Ms. Gaietry Pargass Legal Consultant Ms. Donna Boucaud Component Manager Ms. Shari Niles Hypolite Legal Officer

15

Children’s Authority Ms. Stephanie Daly, SC Chairman

Attorney General’s Secretariat

Mr. Simon Devin Branellec Paralegal Officer Ms. Solange De Souza-Ransome Senior Legal Counsel


1.2 The Chairman indicated apologies for:

Mr. W. Michael Coppin for being late as a consequence of being in a simultaneous meeting; and

Mrs. Ayanna Webster-Roy for also being late due to prior Ministerial duties.


Minutes of the Second Meeting, held on Friday April 8, 2016, was moved by Mr. Hafeez Ali and seconded by Ms. Khadijah Ameen and the Minutes were confirmed by the Committee.

MATTERS ARISING FROM THE MINUTES 3.1 The Chairman advised Members that Allies for Justice and Diversity

submitted a written submission as requested. 3.2 The Chairman indicated that Mr. Barry Padarath submitted a list of

stakeholders to be consulted by the Committee in relation to the Bill. The stakeholders identified were:

i. Mrs. Diana Mahabir-Wyatt ii. Mrs. Stephanie Daly SC

iii. Mrs. Sharifa Abdulla-Ali iv. Ms. Hazel Browne v. Mr. Richard Blewitt, UNDP

vi. A Representative of Network of NGOs vii. Family Law Association Members and/or Family Court

Practitioners viii. Judges of the Family Court

ix. Family Court Manager x. Magistrates

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xi. JLSC Members xii. Court Registrar

xiii. Chief Personnel Officer xiv. Court Executive Administrator xv. Members of the Children’s Task Force

xvi. Experts on paternity testing methods xvii. Experts on Children Drug Treatment; and

xviii. Ministry staff familiar with the efforts to introduce the San Fernando Family Court to speak to implementation of that court.

3.3 The Chairman indicated that after consultation with Master Morris-

Alleyne it was confirmed all the stakeholders identified were consulted during the drafting and consultation process.

3.4 As requested by the Committee, copies of the Family Court

Evaluation Reports were circulated. ANALYSIS OF THE BILL 4.1 The Chairman invited Members to address any issues regarding the

Bill. In response to various questions posed by the Committee, the Chairman undertook to provide further information concerning:

i. Whether there is actual outsourcing of the DNA testing; and

ii. What is the actual process involved in outsourcing. 4.2 The Chairman invited Master Morris-Alleyne to address various

questions posed by the Committee in advance of the Clause by Clause Review of the Bill.

The following questions and concerns were discussed:

i. Whether there are experts (medical) within the Social Services Unit to deal with special needs of the child: Ms. Boucaud advised that the Social Services Unit is comprised of social workers, intake officers, probation officers assigned from the Probation Services Division and assessment officers, all of whom are either social work trained or trained in some science that would allow them to function in that capacity.

ii. How will a child be assessed if they have a mental condition: The Committee was advised that officers of the Social Services Unit conduct an assessment and the child is then sent to an appropriate professional (external to the Social Services Unit) for additional testing to either confirm or identify the way

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forward in terms of rehabilitation or treatment. A report may also be brought to the attention of the Judge.

iii. Who is responsible for DNA testing in these matters: Master Morris-Alleyne explained the distinction between DNA in civil matters and criminal matters. She also advised that the Forensic Science Centre deals with DNA testing for criminal matters and Occupational Health Solutions deals with DNA in civil matters.

iv. Can other facilities be recognized as approved DNA testing agencies: The Bill provides for the Minister to add additional offices by way of an Order.

v. Is the child debarred from school after committing an illegal act: The suspension and expulsion of a child is addressed in the Education Act Chap. 39:01. In addition, many other mechanisms are required to ensure the continued education of a child who appears in Court or is charged with an offence.

4.3 Proposed amendments to the Bill as prepared by the Chief Parliamentary Counsel were circulated to the Committee for consideration at the Committee’s next meeting.

OTHER BUSINESS 5.1 The Chairman informed the Committee of his inability to attend the

next Committee meeting and proposed a selection of an interim Chairman. The Committee agreed that Mr. Coppin would chair the next Committee meeting.

ADJOURNMENT 6.1 The Chairman thanked Members and adjourned the meeting to

Wednesday April 20, 2016 at 1:00 p.m.


Chairman

Secretary

April 15, 2016

18

JOINT SELECT COMMITTEE ON THE FAMILY AND

CHILDREN DIVISION BILL, 2016

MINUTES OF THE FOURTH MEETING HELD IN THE ARNOLD THOMASOS ROOM (WEST), LEVEL 6, OFFICE OF THE PARLIAMENT,

TOWER D, IWFC, #1A WRIGHTSON ROAD, PORT OF SPAIN ON APRIL 20, 2016 at 1:00PM

PRESENT

Committee Members

Mr. Barry Padarath, MP Member Mrs. Ayanna Webster-Roy, MP Member Mr. Hafeez Ali Member Ms. Nadine Stewart Member Mr. W. Michael Coppin Member Ms. Melissa Ramkissoon Member Mr. Randall Mitchell, MP Member

Ms. Ramona Ramdial, MP Member Secretariat


ABSENT/EXCUSED Mr. Faris Al-Rawi, MP Chairman Ms. Khadijah Ameen Member



Juvenile Court Project Master Christie-Anne Morris-Alleyne Project Manager Ms. Gaietry Pargass Legal Consultant

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Ms. Donna Boucaud Component Manager Ms. Shari Niles Hypolite Legal Officer

Children’s Authority Mrs. Stephanie Daly, SC Chairman

Attorney General’s Secretariat Mrs. Vyana Sharma Legal Counsel II Mr. Simon Devin Branellec Paralegal Officer

COMMENCEMENT 1.1 The meeting was called to order by the Interim Chairman at 1:06 p.m.

1.2 The Interim Chairman indicated that Mr. Faris Al-Rawi, Chairman,

asked to be excused from the day’s meeting as he was out of the country.


Minutes of the Third Meeting, held on Friday April 15, 2016, was moved by Mr. Mitchell and seconded by Mrs. Webster-Roy and the Minutes were confirmed by the Committee.

MATTERS ARISING FROM THE MINUTES 3.1 There were no matters arising from the minutes. CLAUSE BY CLAUSE ANALYSIS OF THE BILL 4.1 The Committee commenced and completed its clause by clause

analysis and deliberations on the Bill. The list of amendments to the Family and Children Division Bill, 2016 as approved by the Committee is attached as Appendix I.

OTHER MATTERS 5.1 The Committee discussed the written submission from the Civil

Organisation Group, Allies for Justice and Diversity and agreed that the submission fell outside of the Committee’s mandate.

5.2 The Committee instructed the Secretariat to respond to Allies for Justice and Diversity, informing them of the Committee’s position.

5.3 The Committee agreed that its next meeting will be held on Friday

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April 22, 2016 at 10:00 a.m.

ADJOURNMENT 6.1 The Chairman thanked Members and adjourned the meeting to

Friday April 22, 2016 at 10:00 a.m.


Chairman

Secretary

April 20, 2016

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Appendix I

List of Recommended Amendments


List of Amendments recommended by the Joint Select Committee appointed to

consider and report on the Family and Children Division Bill, 2016

FIRST

COLUMN

Clauses

SECOND COLUMN

Extent of the Amendments

3(1) A. Insert the following definition in the appropriate alphabetical

sequence:

““Court Executive Administrator” means the person who,

subject to the

Chief Justice, is charged with responsibility for the

administration

of the Judiciary and heads the Department of Court

Administration;”

B. In the definition of “Peer Resolution” delete the word

“practice” and substitute the word “practices”.

C. Delete the definition of “person with responsibility for the

child”.

11(d) Delete the words “issuance of a Protection Order and its

enforcement” and substitute the words “issue and enforce a

Protection Order”.

20(6) Delete the coma after the words “subsection (5)” and substitute

the words “or any other written law,”.

27(d) Delete the words “a protection order and its enforcement” and

substitute the words “and enforce a Protection Order”.

34(3) A. Delete the words “, any documents under” and substitute the

words “and relevant documents, pursuant to”.

B. Insert after the word “other” the word “written”.

52(3) A. In paragraph (f), delete the word “and”.

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B. In paragraph (g), delete the full stop and substitute the words

“; and”.

C. Insert after paragraph (g) the following paragraph:

“(g) any other professional as the Registrar deems

appropriate.”.

Schedule 1 Delete the words “Sections 3(1) and 60” and substitute the words

“Section 3(1)”.

Schedule 3 Delete the words “Sections 18, 33 and 60” and substitute the

words “Sections 18 and 33”.

Schedule 4

Item 5

A. Delete.

B. Renumber items 6 to 14 as items 5 to 13.

Schedule 5,

Item 4 in

29A(a)

Delete the words “prevention or”.

Item 9

paragraph (f)

in 3(3) in the

chapeau

Delete the words “, a Superintendent appointed under subsection

(4) and five” and substitute the words “and four”.

paragraph (f)

in 3(4)

Delete and substitute the following subclause:

“(4) There shall be appointed at each Rehabilitation Centre,

a Superintendent, who shall be under the direction of the

Commissioner of Prisons, and who shall be –

(a) responsible for the day to day administration of the

Rehabilitation Centre;

(b) in immediate charge of each Rehabilitation Centre

and of the staff appointed to the Rehabilitation

Centre;

(c) responsible for the proper management of the

Rehabilitation Centre; and

(d) responsible for the maintenance of good order and

discipline of the staff and children therein.”

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paragraph (f)

in 3

Insert after subclause (4) as substituted the following subclause:

“(5) The Superintendent, referred to in subsection (4), shall be

assisted by an Assistant Superintendent.”

paragraph (f),

renumber 3(5)

Renumber subclause (5) as subclause (6).

paragraph

(g) in 5(d)

Delete and substitute the following:

“(d) anything necessary for giving effect to the provisions of this

Act.”.

paragraph

(h)(ii)(B)

Insert after the words “detention” the words “wherever they

occur”.

Item 10

50M(a)


50N (in the

concluding

words)

Delete the words “two years imprisonment” and substitute the

words “to imprisonment for two years”.

Item 16

paragraph

(f)

A. In the chapeau, delete the word “subsection”, the second time

it occurs, and substitute the word “subsections”.

B. Delete the words “with responsibility for national security”.

C. Delete the closed inverted commas and semicolon.

D. Insert after subclause (4), the following new subclause:

“(5) When the Authority serves the notice on the manager

and submits the report to the Minister, pursuant to

subsection (4), it shall cause to be sent to the Minister to

whom responsibility for national security has been assigned,

a copy of the notice and the report.”.

paragraph (h) Delete.

Renumber

paragraph (i)

Renumber paragraph (i) as paragraph (h).

Renumber

paragraph (j)

Renumber paragraph (j) as paragraph (l).

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Renumber

paragraphs (k)

to (m)

Renumber paragraphs (k) to (m) as paragraphs (i) to (k).

Item 17

paragraph (i)

in 51B(3)

Delete the word “Children’s”.

paragraph (n) Delete and substitute the following paragraph:

“(n) in section 60(2)(b) –

(i) in subparagraph (ii) –

(A) by deleting the word “referred” and substituting

the words

“refer him”; and

(B) by deleting the words “the Court with jurisdiction

in family

matters” and substituting the words “the Family

and Children

Division of the High Court”; and

(ii) in subparagraph (vi), by deleting the word “or” after

the semicolon and substituting the word “and””.

Insert

paragraph (ra)

Insert after paragraph (r), paragraph (ra) as follows:

“(ra) in section 82(1), insert after the word “offender” the

words “or child charged”;”.

Paragraph

(s)

Delete and substitute the following clause:

“(s) by repealing section 83 and substituting the following:

“83. (1) Where a child offender or child charged who is

placed at a Community Residence escapes from the

Community Residence, he may, at any time before the

expiration of his period of placement, be apprehended without

a warrant and brought back before the Court, and shall be liable

on summary conviction to any of the sanctions and measures

referred to in subsection (3).

(2) Before the Court proceeds to make a determination

with respect to the offence for which the child charged or child

offender has been charged or convicted, respectively, it shall –

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(a) cause an investigation to be conducted into

the

circumstances surrounding the escape, and

order

that a report of the findings of the investigation

be

submitted to the Court;

(b) order that the manager of the Community

Residence

files with the Court, a report on the

circumstances of

the escape; and

(c) hear submissions from or on behalf of the child.

(3) Upon consideration of the reports and submissions

referred to in subsection (2), in making a determination with

respect to the child offender or child charged, the Court may

–

(a) where there is no finding of guilt, dismiss the

charge of escaping;

(b) order that the child return to the

Community Residence from which he escaped;

(c) order that the child be sent to a different

Community Residence;

(d) where the child has been convicted, increase

the period of placement by a period not

exceeding six months;

(e) make an order for counselling, any

other rehabilitative intervention or

treatment, or for psychological evaluation

and the resultant assistance;

(f) order that the child be deemed in need of care

and protection and refer him to the Authority,

who shall review the care plan for the child;

and

(g) make any other order as the Court deems fit.

(4) The Court shall cause copies of the reports

prepared pursuant to subsection (2), to be sent to the Authority.

(5) For the purposes of this section, “care plan” means

a plan which is based on the assessed needs of a child and

26

addresses the rehabilitative, social, emotional and therapeutic

psycho-social needs of the child.”;”.

Item 17

paragraph (t)

A. Insert the following paragraphs before paragraph (i):

“(i) in subsection (2), by deleting the words “Parts I and

II” and

substituting the words “Part I”;

B. Renumber paragraphs (i) and (ii) as paragraphs (ii) and (iii).

Paragraph (v),

in 117A as

inserted

Delete the word “by” and substitute the words “under section 77

of”.

27

JOINT SELECT COMMITTEE ON THE FAMILY AND

CHILDREN DIVISION BILL, 2016

MINUTES OF THE FIFTH MEETING HELD IN THE ARNOLD THOMASOS ROOM (WEST), LEVEL 6, OFFICE OF THE PARLIAMENT,

TOWER D, IWFC, #1A WRIGHTSON ROAD, PORT OF SPAIN ON APRIL 27, 2016 at 10:00AM

PRESENT

Committee Members

Mr. Faris Al-Rawi, MP Chairman Mr. Hafeez Ali Member Mr. W. Michael Coppin Member Ms. Melissa Ramkissoon Member Mr. Randall Mitchell, MP Member

Ms. Khadijah Ameen Member Secretariat


ABSENT/EXCUSED Mr. Barry Padarath, MP Member Ms. Nadine Stewart Member Ms. Ramona Ramdial, MP Member Mrs. Ayanna Webster-Roy, MP Member



Attorney General’s Secretariat Mrs. Solange De Souza-Ransome Legal Counsel II

28

Mr. Simon Devin Branellec Paralegal Officer


1.4 The Chairman indicated that Mr. Barry Padarath, Mrs. Ayanna

Webster-Roy, Ms. Nadine Stewart and Ms. Ramona Ramdial asked to be excused from the day’s meeting.


Minutes of the Fourth Meeting, held on Friday April 22, 2016, was moved by Mr. Coppin and seconded by Mr. Mitchell and the Minutes were confirmed by the Committee.

MATTERS ARISING FROM THE MINUTES Request for additional information from the Civil Organisation Group, Allies for Justice and Diversity 3.1 The Chairman informed the Committee that it received a request for

clarification from Mr. Jeremy Steffan Edwards of the Silver Lining

Foundation on the following:

i. the specific mandate of the Committee; and

ii. Whether Item 17 of Schedule 5 in relation to the Children’s

Act referenced in their submission formed part of the Family and Children Division Bill 2016.

3.2 Discussion ensued on the submissions by the Allies for Justice and

Diversity in relation to the decriminalization of sexual activities

between children of the same sex.

3.3 The Committee instructed the Secretariat to respond to Mr. Edwards

as follows:

i. informing of the Committee’s mandate; ii. advising that the issue of the decriminalization of

sexual activities between children of the same sex was

29

a policy decision which required a review of all of the legislation in pari material; and

iii. explaining that policy considerations were outside the mandate of the Committee.

Re-examination of Clauses 27 and 33 of the Bill: 4.1 The Committee agreed to revisit Clauses 27 and 33 of the Bill in

relation to concerns raised by Ms. Ramkissoon. 4.2 During discussions on the Clauses the Committee noted the

following:

Clause 27 – Lump sum payable under a maintenance order

i. Notwithstanding the powers of the Court contained in

Clause 15 of the Bill to enforce an Order made by the Court, the Court retained the inherent jurisdiction under the Supreme Court of Judicature Act, to make Orders as warranted by the circumstances.

ii. Clause 27 merely vests powers exercisable by a Magistrate (in relation to Children) in High Court Judges and Masters, without which Judges and Masters would be without the requisite jurisdiction.

Clause 33 – Lack of penalties for breaches of the Oath of Secrecy

iii. Penalties already existed for breach of an Oath of

Secrecy including under the Public Service Regulations, criminal sanctions such as perjury and common law remedies

OTHER MATTERS Report to Parliament 5.1 The Committee examined and amended its draft final report. The

draft final report with the amendments was adopted by the Committee.

5.2 The Committee concurred that this report would be approved by

round-robin.

30

5.3 The Chairman expressed his gratitude to Members for their

commitment and the tremendous work done by the Committee. ADJOURNMENT 6.1 There being no other business, the Chairman thanked Members and

adjourned the meeting. 6.2 The adjournment was taken at 12:22 p.m.

I certify that these Minutes are true and correct.

Chairman

Secretary

April 27, 2016

31

ATTENDANCE RECORD

Attendance Record of the Joint Select Committee appointed to consider and report on the Family and Children Division Bill,

2016

Member 1st Meeting (1-Apr-16)

2nd Meeting (8-Apr-16)

3rd Meeting (15-Apr-16)

4th Meeting (20-Apr-16)

5th Meeting (26-Apr-16)

Mr. Faris Al Rawi PRESENT PRESENT PRESENT EXCUSED ABSENT PRESENT

Mr. Randall Mitchell PRESENT EXCUSED ABSENT PRESENT PRESENT PRESENT

Mrs. Ayanna Webster-Roy EXCUSED ABSENT PRESENT PRESENT PRESENT

EXCUSED ABSENT

Ms. Ramona Ramdial EXCUSED ABSENT

EXCUSED ABSENT PRESENT PRESENT

EXCUSED ABSENT

Mr. Barry Padarath PRESENT PRESENT PRESENT PRESENT EXCUSED ABSENT

Mr. W. Michael Coppin PRESENT PRESENT PRESENT PRESENT PRESENT

Mr. Hafeez Ali EXCUSED ABSENT PRESENT PRESENT PRESENT PRESENT

Ms. Nadine Stewart PRESENT PRESENT PRESENT PRESENT EXCUSED ABSENT

Ms. Khadijah Ameen PRESENT PRESENT PRESENT EXCUSED ABSENT PRESENT

Ms. Melissa Ramkissoon PRESENT PRESENT PRESENT PRESENT PRESENT

32

Appendix II

SUBMISSIONS BY

ALLIES FOR JUSTICE & DIVERSITY

AND RESPONSES

44

Appendix III

LIST OF AMENDMENTS TO THE

FAMILY AND CHILDREN DIVISION BILL, 2016

45

List of Recommended Amendments


List of Amendments recommended by the Joint Select Committee appointed to

consider and report on the Family and Children Division Bill, 2016

FIRST

COLUMN

Clauses

SECOND COLUMN

Extent of the Amendments

3(1) D. Insert the following definition in the appropriate alphabetical

sequence:

““Court Executive Administrator” means the person who,

subject to the

Chief Justice, is charged with responsibility for the

administration

of the Judiciary and heads the Department of Court

Administration;”

E. In the definition of “Peer Resolution” delete the word

“practice” and substitute the word “practices”.

F. Delete the definition of “person with responsibility for the

child”.

11(d) Delete the words “issuance of a Protection Order and its

enforcement” and substitute the words “issue and enforce a

Protection Order”.

20(6) Delete the coma after the words “subsection (5)” and substitute

the words “or any other written law,”.

27(d) Delete the words “a protection order and its enforcement” and

substitute the words “and enforce a Protection Order”.

34(3) C. Delete the words “, any documents under” and substitute the

words “and relevant documents, pursuant to”.

D. Insert after the word “other” the word “written”.

52(3) D. In paragraph (f), delete the word “and”.

E. In paragraph (g), delete the full stop and substitute the words

“; and”.

46

F. Insert after paragraph (g) the following paragraph:

“(g) any other professional as the Registrar deems

appropriate.”.

Schedule 1 Delete the words “Sections 3(1) and 60” and substitute the words

“Section 3(1)”.

Schedule 3 Delete the words “Sections 18, 33 and 60” and substitute the

words “Sections 18 and 33”.

Schedule 4

Item 5

C. Delete.

D. Renumber items 6 to 14 as items 5 to 13.

Schedule 5,

Item 4 in

29A(a)


Item 9

paragraph (f)

in 3(3) in the

chapeau

Delete the words “, a Superintendent appointed under subsection

(4) and five” and substitute the words “and four”.

paragraph (f)

in 3(4)

Delete and substitute the following subclause:

“(4) There shall be appointed at each Rehabilitation Centre,

a Superintendent, who shall be under the direction of the

Commissioner of Prisons, and who shall be –

(e) responsible for the day to day administration of the

Rehabilitation Centre;

(f) in immediate charge of each Rehabilitation Centre

and of the staff appointed to the Rehabilitation

Centre;

(g) responsible for the proper management of the

Rehabilitation Centre; and

(h) responsible for the maintenance of good order and

discipline of the staff and children therein.”

paragraph (f)

in 3

Insert after subclause (4) as substituted the following subclause:

“(5) The Superintendent, referred to in subsection (4), shall be

assisted by an Assistant Superintendent.”

47

paragraph (f),

renumber 3(5)

Renumber subclause (5) as subclause (6).

paragraph

(g) in 5(d)

Delete and substitute the following:

“(d) anything necessary for giving effect to the provisions of this

Act.”.

paragraph

(h)(ii)(B)

Insert after the words “detention” the words “wherever they

occur”.

Item 10

50M(a)


50N (in the

concluding

words)

Delete the words “two years imprisonment” and substitute the

words “to imprisonment for two years”.

Item 16

paragraph

(f)

E. In the chapeau, delete the word “subsection”, the second time

it occurs, and substitute the word “subsections”.

F. Delete the words “with responsibility for national security”.

G. Delete the closed inverted commas and semicolon.

H. Insert after subclause (4), the following new subclause:

“(5) When the Authority serves the notice on the manager

and submits the report to the Minister, pursuant to

subsection (4), it shall cause to be sent to the Minister to

whom responsibility for national security has been assigned,

a copy of the notice and the report.”.

paragraph (h) Delete.

Renumber

paragraph (i)

Renumber paragraph (i) as paragraph (h).

Renumber

paragraph (j)

Renumber paragraph (j) as paragraph (l).

Renumber

paragraphs (k)

to (m)

Renumber paragraphs (k) to (m) as paragraphs (i) to (k).

48

Item 17

paragraph (i)

in 51B(3)

Delete the word “Children’s”.

paragraph (n) Delete and substitute the following paragraph:

“(n) in section 60(2)(b) –

(i) in subparagraph (ii) –

(A) by deleting the word “referred” and substituting

the words

“refer him”; and

(B) by deleting the words “the Court with jurisdiction

in family

matters” and substituting the words “the Family

and Children

Division of the High Court”; and

(ii) in subparagraph (vi), by deleting the word “or” after

the semicolon and substituting the word “and””.

Insert

paragraph (ra)

Insert after paragraph (r), paragraph (ra) as follows:

“(ra) in section 82(1), insert after the word “offender” the

words “or child charged”;”.

Paragraph

(s)

Delete and substitute the following clause:


“83. (1) Where a child offender or child charged who is

placed at a Community Residence escapes from the

Community Residence, he may, at any time before the

expiration of his period of placement, be apprehended without

a warrant and brought back before the Court, and shall be liable

on summary conviction to any of the sanctions and measures

referred to in subsection (3).

(2) Before the Court proceeds to make a determination

with respect to the offence for which the child charged or child

offender has been charged or convicted, respectively, it shall –

(a) cause an investigation to be conducted into

the

49

circumstances surrounding the escape, and

order

that a report of the findings of the investigation

be

submitted to the Court;

(b) order that the manager of the Community

Residence

files with the Court, a report on the

circumstances of

the escape; and

(c) hear submissions from or on behalf of the child.

(3) Upon consideration of the reports and submissions

referred to in subsection (2), in making a determination with

respect to the child offender or child charged, the Court may

–

(h) where there is no finding of guilt, dismiss the

charge of escaping;

(i) order that the child return to the

Community Residence from which he escaped;

(j) order that the child be sent to a different

Community Residence;

(k) where the child has been convicted, increase

the period of placement by a period not

exceeding six months;

(l) make an order for counselling, any

other rehabilitative intervention or

treatment, or for psychological evaluation

and the resultant assistance;

(m) order that the child be deemed in need of care

and protection and refer him to the Authority,

who shall review the care plan for the child;

and

(n) make any other order as the Court deems fit.

(4) The Court shall cause copies of the reports

prepared pursuant to subsection (2), to be sent to the Authority.

(5) For the purposes of this section, “care plan” means

a plan which is based on the assessed needs of a child and

addresses the rehabilitative, social, emotional and therapeutic

psycho-social needs of the child.”;”.

Item 17 C. Insert the following paragraphs before paragraph (i):

50

paragraph (t)

“(i) in subsection (2), by deleting the words “Parts I and

II” and

substituting the words “Part I”;

D. Renumber paragraphs (i) and (ii) as paragraphs (ii) and (iii).

Paragraph (v),

in 117A as

inserted

Delete the word “by” and substitute the words “under section 77

of”.

51

Appendix V

CONSOLIDATED VERSION

OF


52

LIST OF AMENDMENTS INCORPORATED

No. 3 of 2016

HOUSE OF REPRESENTATIVES

BILL

AN ACT to make jurisdiction for all family matters and children matters exercisable in a Division of the High Court to be called the Family and Children Division and to make provision for matters connected therewith

PRINTED BY THE GOVERNMENT

PRINTER, CARONI

REPUBLIC OF TRINIDAD AND

TOBAGO—2016

53


Explanatory Notes

(These notes form no part of the Bill but are intended only to

indicate its general purport)

The Family and Children Division Bill, 2016 seeks to make

jurisdiction for all family matters and children matters exercisable in a Division of the High Court to be called “the Family and Children Division” and to make provision for matters connected therewith.

This Bill contains six Parts and sixty-three clauses.

Part I—Preliminary

This Part would comprise the preliminary clauses and contain clauses 1 to 3.

Clause 1 would set out the short title of the Bill.

Clause 2 would provide for the Act to come into force on Proclamation.

Clause 3 would provide the definition of certain words and phrases used in the Act.

Part II—The Family and Children Division of the High Court

This Part would provide for the establishment of the Family Court and the Children Court and vesting of jurisdiction for family matters and children matters as well as the assignment of Puisne Judges and Masters, and for the sittings of the Family Court and the Children Court. The Part would comprise clauses 4 and 5.

Clause 4 would provide for the establishment of a Division of the High Court to be known as “the Family and Children Division” which shall comprise a Family Court Subdivision known as “the Family Court”, and a Children Court Subdivision known as “the Children Court”, with jurisdiction in family and children matters, respectively. This clause would also provide for the complement of Puisne Judges and Masters for the Family and Children Division, and for the Children Court to be housed, managed and staffed separately from the Family Court.

Clause 5 would provide for the sittings of the Family Court and the Children Court to be held at such locations and at such times as the Chief Justice, in consultation with a Family Court Judge, may appoint and also that the Courts may sit at any time and conduct hearings by telephone, video conference or other

2 22

2

appropriate electronic means. The clause would also provide for the exercise of concurrent jurisdiction in family matters in the High Court and in Courts of Summary jurisdiction, save the Magisterial District of St. George West, until the Chief Justice directs otherwise.

Part III—Administration of the Family and Children

Division

This Part would provide for the administration of the Family

and Children Division and would comprise clauses 6 to 8.

Deputy Registrar and Marshals and Assistant Registrar and

Deputy Marshals

Clause 6 would provide for the assignment of persons who

possess the requisite special training, experience and temperament

suitable for the appointment to the Family and Children Division

as Deputy Registrar and Marshals and Assistant Registrar and

Deputy Marshals to the Family and Children Division. The clause

would provide that the Deputy Registrar and Marshals and

Assistant Registrar and Deputy Marshals to the Family and

Children Division shall have all rights, powers and immunities of

the Deputy Registrar and Marshal and Assistant Registrar and

Deputy Marshal, respectively, of Trinidad and Tobago.

Court Administration

Clause 7 would provide for the establishment of a Family and

Children Court Administration Department comprising the

Central Coordinating Office, the Family Court Administrative

Office and the Children Court Administrative Office.

Clause 8 would provide for the appointment of staff of the

Family and Children Court Administration Department.

Part IV—The Family Court

This Part would provide for the appointment and assignment

of Family Court Judges and Family Court Masters and staff of the

Family Court, and would comprise clauses 9 to 24.

Clause 9 would provide for the Family Court to have the

authority and jurisdiction in all family matters exercisable by the

High Court and the Courts of Summary Jurisdiction.

Family Court Judges

Clause 10 would empower the Chief Justice to assign Puisne

Judges to the Family Court who shall be known as “Family Court

Judges”.

3 33

3

Clause 11 would provide for a Family Court Judge or a Family Court Master to have the powers of a Magistrate in family matters when sitting in the Family Court.

Family Court Masters

Clause 12 would empower the Chief Justice to assign Masters to the Family Court who shall be known as “Family Court Masters”.

Clause 13 would provide for the powers of a Family Court Master.

Clause 14 would empower a Family Court Master to make an Order as if it had been made by a Family Court or a Family Court Judge.

Clause 15 would provide for the enforcement of Orders issued by a Family Court Judge or a Family Court Master under the Family Law (Guardianship of Minors, Domicile and Maintenance) Act, Chap. 46:08.

Administration and Staff of the Family Court Clause 16

would provide for the staff of the Family Court. Clause 17

would provide for the Family Court to have a Family Court Manager in each location of the Family Court.

Clause 18 would require that a member of staff of the Family Court make an oath or affirmation of secrecy before a Judge or Justice of the Peace, before assuming duty at the Family Court.

Proceedings in the Family Court

Clause 19 would provide for the Family Proceedings Rules, 1998 to be applicable to any family matter before the Family Court.

Clause 20 would empower the Family Court to restrict the publication of the names of the parties or of any proceedings before the Family Court and also to order that proceedings be held in camera. It would also allow for copies of any proceedings, judgment or ruling to be redacted by the Family Court Records Management, Court and Law Reporting Subunit before it is published, to protect the identity of a child. The Family Court may also seal the copies of any transcript of proceedings or other document relevant to any proceedings involving a child.

Clause 21 would empower the Family Court to appoint a guardian ad litem for a child; to request the appointment of a Children’s Attorney to represent and safeguard the voice of a child and to perform such other functions as the Court may think necessary; to refer the matter to family mediation and to order DNA testing of the parents and the child to determine paternity.

4 44

4

Clause 22 would empower the Family Court to adjourn

proceedings to allow for an application to be made under the Legal

Aid and Advice Act, Chap. 7:07.

Clause 23 would enable the transfer of matters from any other

Court to the Family Court where the Court is of the view that the

elements of the matter make it desirable that the matter should be

dealt with and adjudicated upon by the Family Court.

Clause 24 would preserve the appellate procedure applicable to

any judgment or order of a Judge to the Court of Appeal to be so

applied in respect of appeals from a Family Court Judge or a

Family Court Master.

Part V—The Children Court

This Part would seek to vest the jurisdiction and all of the

powers of the High Court and Court of Summary Jurisdiction in the

Children Court or in a Children Court Judge. It would also provide

for the proceedings of the Children Court, and would prescribe the

powers of Children Court Judges and Children Court Masters. The

Part would comprise clauses 25 to 57.

Clause 25 would provide for the Children Court to have

authority and jurisdiction in all children matters exercisable by the

High Court and the Courts of Summary Jurisdiction.

Children Court Judges

Clause 26 would empower the Chief Justice to assign Puisne

Judges to the Children Court who shall be known as “Children

Court Judges”.

Clause 27 would provide for a Children Court Judge or a

Children Court Master to have the powers of a Magistrate in

children matters when sitting in the Children Court.

Children Court Masters

Clause 28 would empower the Chief Justice to assign Masters

to the Children Court who shall be known as “Children Court

Masters”.

Clause 29 would prescribe the powers of a Children Court

Master.

Clause 30 would prescribe that an Order of a Children Court

Master shall have the same effect as if it had been made by the

Children Court or by a Children Court Judge.

Administration and Staff of the Children Court

Clause 31 would provide for the staff of the Children Court.

5 55

5

Clause 32 would provide for the Children Court to have a

Children Court Manager in each location of the Children Court.

Clause 33 would require that a member of staff of the Children

Court make an oath or affirmation of secrecy before a Judge or

Justice of the Peace, before assuming duty at the Children Court.

Proceedings in the Children Court

Clause 34 would empower the Children Court to order copies of

any proceedings, judgment or ruling to be redacted by the Children

Court Records Management, Court and Law Reporting Subunit

before it is published, to protect the identity of a child. The

Children Court may also seal the copies of any transcript of

proceedings or other document relevant to any proceedings

involving a child.

Clause 35 would empower the Children Court to appoint a

guardian ad litem of a child, and to request the appointment of a

Children’s Attorney to represent and safeguard the voice of a child

and to perform such other functions as the Court may think

necessary.

Clause 36 would empower the Children Court to adjourn

proceedings to allow for an application to be made under the Legal

Aid and Advice Act, Chap. 7:07.

Clause 37 would provide for the Court to order the

continuation of monitoring hearings where it deems it necessary to

continue judicial supervision of a child. The clause would also

provide for a definition of the term “monitoring hearings”.

Clause 38 would provide for the assignment of a Children’s

Probation Officer to a child where the child is given a sentence and

is ordered to participate in an auxiliary programme. The Children’s

Probation Officer shall be responsible for monitoring a child’s

compliance with any sentence and sanction applicable to him and

shall ensure that the child is assessed for risk at the appropriate

periods.

Clause 39 would provide for the probation officer assigned

under clause 38 to provide periodic reports to the Children Court on

specified matters.

Peer Resolution

Clause 40 would empower the Children Court to refer a child

who is not charged with an offence listed in Schedule 4 and who

admits guilt, to Court-annexed Peer Resolution, with the

agreement of the child and the consent of his parent, guardian or

the person with responsibility for the child.

6 66

6

Clause 41 would enable the Children Court to refer a child to

Peer Resolution where the parent, guardian or person with

responsibility for the child withholds consent to the use of Peer

Resolution, but the Court considers Peer Resolution to be in the

best interest of the child.

Clause 42 would require the Children Court to explain the Peer

Resolution process to the child and the parent, the guardian or the

person with responsibility for the child in language and in a

manner that they understand.

Clause 43 would provide for the deliberations and questionings of the Peer Resolution to be in camera.

Clause 44 would prescribe the procedure to be followed by the

Court where a child is referred to Peer Resolution but the child

subsequently denies guilt of the offence.

Clause 45 would empower the Court to issue a summons or a

warrant for a child who has failed to comply with any requirement

of a Peer Resolution Order in force against the child.

Clause 46 would empower the Court to make a further order

where a child has failed without reasonable excuse to comply with

any requirement of a Peer Resolution Order.

Children Drug Treatment Court Process

Clause 47 would provide for the Children Court to adjourn a

matter involving a child where the Court is satisfied, on specified

criteria that the matter is to be heard before a Judge or Master

assigned to adjudicate in Children Drug Treatment Court Process

matters.

Clause 48 would disallow the application of clause 47(h) where

the child is a subject in a pending drug-related matter that is before

the Courts.

Clause 49 would empower the Children Court to refer a child

to the Children Drug Treatment Court Process without the consent

of the child’s parent or guardian, or person with responsibility for

the child where the Court forms the view based on specific criteria

that such a referral is necessary in the best interest of the child.

Clause 50 would prescribe the procedure to be followed by the

Children Court where the child is referred to the Children Drug

Treatment Court Process.

Clause 51 would provide for an order of the Children Court

referring a child to the Children Drug Treatment Court Process to

have the effect of suspending the imposition of a sentence on the

child for the offence.

7 77

7

Clause 52 would provide for the composition of the Children

Drug Treatment Court Process Team which shall be presided over

by a Judge or Master who shall be the decision-maker.

Clause 53 would provide for the duties of the child

psychologists of the Children Drug Treatment Process Team,

nominated by the Children’s Authority.

Clause 54 would empower the Court to impose additional

requirements to ensure a child’s successful completion of the

Children Drug Treatment Court Process programme as it considers

necessary.

Clause 55 would prescribe the procedure to be followed where

a child has been referred to the Children Drug Treatment Court

Process, fails to pursue or complete the programme.

Clause 56 would provide that where a child has been referred

to the Children Drug Treatment Court Process and the child

graduates from the programme, the Court shall cause to be filed, a

graduation notice with the Court, and the referring Court may

order that no conviction be recorded against the child.

Appeals and Transfer of Matters to the Children Court

Clause 57 would enable the transfer of matters from any other

Court to the Children Court where the Court is of the view that the

elements of the matter make it desirable that the matter should be

dealt with and adjudicated upon by the Children Court.

Clause 58 would preserve the appellate procedure applicable to

any judgment or order of a Judge to the Court of Appeal to be so

applied in respect of appeals from the Children Court Judge or a

Children Court Master.

Part VI—Miscellaneous

This Part would provide for miscellaneous matters and would

comprise clauses 59 to 63.

Clause 59 would provide for applications for and the issuance

of Protection Orders or the enforcement of Protection Orders made

under the Domestic Violence Act, Chap. 45:56 to be heard by a

Magistrate, notwithstanding the provisions in clauses 11(b), 27(b)

and any other written law.

Clause 60 would allow the Rules Committee to make Rules for

the Family and Children Division subject to negative resolution of

Parliament.

Clause 61 would enable the President to amend Schedules 1

and 3 by Order subject to negative resolution of Parliament.

viii

8

Clause 62 would provide transitional provisions to allow for

family and children proceedings that were instituted in the High

Court or in Courts of Summary Jurisdiction prior to the

commencement of this Act, to continue to be heard in the respective

Courts.

Clause 63 would provide for consequential amendments to be

made to the written laws specified in the First Column of

Schedule 5 to the extent specified in the Second Column of that

Schedule.

Schedule 1 would prescribe a list of the written laws in force in

relation to family matters.

Schedule 2 would provide for the maintenance orders to which

this Act applies.

Schedule 3 would provide the oath or affirmation of secrecy.

Schedule 4 would provide offences for which Peer Resolution is not available.

Schedule 5 would provide for consequential amendments to be

made to various Acts.

9


Arrangement of Clauses

Clause

1. Short title

2. Commencement

3. Interpretation

PART I

PRELIMINARY

PART II

THE FAMILY AND CHILDREN DIVISION

OF THE HIGH COURT

4. Establishment of Family and Children Division

5. Sittings of the Family Court and Children Court and

matters in progress

PART III ADMINISTRATION OF THE

FAMILY AND

CHILDREN DIVISION

6. Assignment of Deputy Registrar and Marshals, Assistant

Registrar and Deputy Marshals


7. Establishment of the Family and Children Court

Administration Department

8. Deputy Court Executive Administrator, Family Court

Adminstrator, Children Court Adminstrator and staff

PART IV

THE FAMILY COURT

9. Authority and juridiction in all family matters exercisable

by the Family Court

Family Court Judges

10. Assignment of Family Court Judges

11. Judge or Master in Family Court to have the powers of a

Magistrate

2

2


12. Assignment of Family Court Masters

13. Powers of Family Court Master

14. Powers of a Family Court Master the same as a Family

Court or Family Court Judge

15. Enforcement of certain Orders

Administration and Staff of the Family Court

16. Staff of the Family Court

17. Manager of the Family Court

18. Oath of Secrecy


19. Family Proceedings Rules to apply

20. Restrictions on publication of proceedings

21. Family Court to appoint guardian ad litem and request

Children’s Attorney

22. Court to adjourn for application for legal aid

23. Transfer of matters

24. Appeals

PART V

THE CHILDREN COURT

25. Authority and jurisdiction in all children matters

exercisable by the Children Court


26. Assignment of Children Court Judges

27. Powers of a Children Court Judge or Master


28. Assignment of Children Court Masters

29. Powers of Children Court Masters

30. Powers of a Children Court Master the same as a Children

Court or Children Court Judge


31. Staff of the Children Court

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iii

32. Manager of the Children Court

33. Oath of Secrecy


34. Restrictions on publication of proceedings

35. Children Court to appoint guardian ad litem or Children’s

Attorney and other orders

36. Court to adjourn for application for legal aid

37. Court to continue judicial supervision

38. Court to assign Children’s Probation Officer

39. Probation Officer to report to the Court

Peer Resolution

40. Referral to Peer Resolution

41. Where the parent withholds consent but the child consents

42. Court to explain Peer Resolution

43. Deliberations and questionings during Peer Resolution to be

in camera

44. When the child denies guilt

45. When the child fails to comply with an order

46. Court to make further order


47. Court to adjourn for Judge or Master adjudicating in the

Children Drug Treatment Court Process matters

48. Non-application of subsection 47(h)

49. Court to make order referring child to Children Drug

Treatment Court Process

50. Procedure where Court makes order for Children Drug

Treatment Court Process

51. Effect of order referring child to Children Drug Treatment

Court Process

52. Children Drug Treatment Court Process Team

53. Duties of child psychologists

54. Court may impose additional requirements

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55. Where a child fails to pursue or complete the programme

56. Court causes to be filed a graduation notice


57. Transfer of matters

58. Appeals

PART VI

MISCELLANEOUS

59. Magistrate may hear application for and issuance of a

Protection Order or its enforcement

60. Rules

61. Power to amend Schedules 1 and 3

62. Transitional provisions

63. Consequential amendments

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

SCHEDULE 4

SCHEDULE 5

5

BILL


[ , 2016]

WHEREAS in May, 2004 a Family Court was established Preamble

as a pilot project which, through constant monitoring and evaluation and the resulting changes in systems and administration has proved successful and has produced the desired result:

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And whereas it was intended that the experience of the pilot project would inform the preparation of the legislation to establish a special Court exercising jurisdiction for all family matters and criminal offences with which children under fourteen years of age are charged:

And whereas the Family Court pilot project heard

family matters including matters in which a parent or guardian sought the order of the Court to have his child deemed beyond control:

And whereas on account of the success of the pilot

project and lessons learnt, it is now intended to establish the Family Court, and to make its services available at several locations in Trinidad and Tobago:

And whereas jurisdiction for all family matters

exercisable by the High Court and the Magistrates’ Court will be exercisable in the Family Court and all the essential elements and resources appropriate to the operation of a Family Court will be combined into one entity including a social service unit, a mediation unit and such other units and services as are critical to the resolution of a family’s problems:

And whereas it is intended that such a Court should

provide the highest quality service to its customers and to the community through—

(a) a strong focus on customer service;

(b) the employment of dedicated judicial, administrative, professional and support staff specifically trained and having the suitable temperament for family matters and children at risk;

(c) the simplification of the process of accessing the appropriate court or agency in which to obtain family justice, by establishing a single intake system; and

3 3

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(d) providing an environment conducive to the

resolution of family matters:

And whereas the Children Act, 2012 was premised,

inter alia, on a rehabilitative approach to be used for

child offenders with benefits for the child and the wider

society:

And whereas such a rehabilitative approach

necessitates a Court that is well resourced so that it can

provide the highest quality service to its customers and

to the community through—

(a) a strong focus on customer service;

(b) the employment of dedicated judicial,

administrative, professional and support

staff specifically trained and having the

suitable temperament for dealing with

children;

(c) the simplification of the process of hearing

children matters;

(d) a strong emphasis on diversionary

programmes and rehabilitative

programmes to assist in the rehabilitation

of children who are in conflict with the law;

(e) early and credible assessment of the risk

level of children who come before the court;

(f) a strong emphasis on programmes, policies

and procedures which may divert children

away from conflict with the law;

(g) a focus on trauma-informed child justice;

(h) a solutions-based approach to children’s

matters;

(i) an evidence-based approach to options for

solution; and

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(j) providing an environment conducive to the

resolution of children matters and

appropriate services and programmes:

And whereas section 81 of the Children Act, 2012 has

provided that a Juvenile Court—

(a) when hearing charges against children; or

(b) when hearing applications relating to a

child at which the attendance of the child

is required,

shall sit—

(i) in a different building;

(ii) in a different room;

(iii) on different days; or

(iv) at different times,

Enactment

from those at which the ordinary sittings are held,

unless the child is charged jointly with any other person

not being a child:

ENACTED by the Parliament of Trinidad and Tobago as

follows:

Short title

Commencement

Interpretation

PART I

PRELIMINARY

1. T h i s A c t m a y b e c i t e d a s t h e Family and

Children Division Act, 2016.

2. This Act comes into operation on such date as is

fixed by the President by Proclamation.

3. (1) In this Act—

“auxiliary programmes” means programmes

which assist a child who has come before

the Court;

“child” means a person under the age of

eighteen years;

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5

“Children’s Attorney” has the meaning

assigned to it under section 88 of the

Children Act; 2012;

“children care matter” includes—

(a) matters in which a child is deemed

by the Court to be in need of care

and protection under section

59(2)(j) of the Children Act, 2012;

(b) matters in which an application is

made to the Children Court to have

a child deemed in need of care and

protection;

(c) matters in which an application is

made under section 61 of the

Children Act, 2012;

(d) matters in which an application is

made under section 34 of the

Children Act, 2012;

(e) matters in which applications are

made for wardship, other than

those made to the Family Court;

and

(f) applications made to the Children

Court for an order under section 25

of the Children’s Authority Act;

“children charge matter” means any matter in

which a child is charged with an offence;

“Children Court” means the Children Court

Subdivision of the Family and Children

Division of the High Court established

under section 4(1);

“Children Court Judge” means a Puisne Judge

when sitting in the Children Court;

“Children Court Master” means a Master when

sitting in the Children Court;

Act No. 12 of 2012

Chap. 46:10

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Chap. 45:56

“children drug matter” includes any matter in

relation to a child who is the subject of a

drug-related matter in the Court or who

has a history of alcohol or substance abuse;

“Children Drug Treatment Court Process”

means a process where a child is referred

by a Master or Judge to an intensive

treatment programme and other services

that require the child to be monitored by

the Judge or Master and to successfully

abandon the use of the drug or alcohol and

to be held accountable by the Judge or

Master for meeting his obligations to the

Court, society, himself and his family;

“children matter” includes any—

(a) children charge matter;

(b) children care matter;

(c) children drug matter;

(d) children mental health matter;

(e) matter which is not a family

matter within the meaning of this

Act, but the primary issue in the

matter is the care and protection of

a child;

(f) matter, in relation to a child,

where there is an application for

and issuance of a Protection Order

and its enforcement under the

Domestic Violence Act, and where

the child is a victim or an affected

bystander; and

(g) matter in which a child is required

to appear in Court;

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“children mental health matter” means any

matter, in relation to a child, who is the

subject of a mental health matter in Court,

including mental disorder, mental illness

or a child who is mentally subnormal as

defined in the Mental Health Act;

“Children’s Probation Officer” has the meaning

assigned to it under section 18(1)(aa) of the

Probation of Offenders Act;

““Court Executive Administrator” means

the person who, subject to the Chief

Justice, is charged with responsibility

for the administration of the Judiciary

and heads the Department of Court

Administration;

“Department of Court Administration” means

the administrative arm of the Judiciary of

Trinidad and Tobago which is headed by

the Court Executive Administrator of the

Judiciary and comprises various

administrative units;

“Deputy Court Executive Administrator”

means the Deputy Court Executive

Administrator, Family and Children

Division with responsibility for the Family

and Children Court Administration

Department of the Division;

“Division” means the Family and Children

Division of the High Court established

under section 4;

“DNA” means Deoxyribonucleic Acid;

“Family Court” means the Family Court

Subdivision of the Division established

under section 4(1) in which family matters

are heard and addressed;

“Family Court Judge” means a Puisne Judge

when sitting in the Family Court;

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“Family Court Master” means a Master when

sitting in the Family Court;

Chap. 28:02

Chap. 13:51

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9

Chap. 45:51

Schedule 1

“family matter” means any cause, matter or legal proceeding—

(a) concerning—

(i) any applications under the Matrimonial Proceedings and Property Act;

(ii) maintenance;

(iii) guardianship;

(iv) wardship;

(v) custody and access;

(vi) applications for orders made to the Family Court under section 25 of the Children’s Authority Act;

(vii) adoption;

(viii) civil child abduction;

(ix) succession and inheritance, excluding probate and the administration of estates; and

(x) any matter in relation to the application for and issuance of a Protection Order and its enforcement under the Domestic Violence Act other than those which are children matters; and

(b) arising out of the written laws listed in Schedule 1 or any other written law and which is connected with, or arises out of a matrimonial, familial or other domestic relationship and is not a matter in which a child is charged or arrested;

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“family mediation” means mediation conducted

by a person certified as a family mediator

in accordance with the Mediation Act;

“Peer Resolution” means a voluntary

restorative practice practices process in

which children participate in a Court-like

process of assessment to recommend

measures or sanctions appropriate to

the offence committed by a child offender

with a view to raising civic awareness

among all participants through education

and participation;

“person with responsibility for the child” means

a person who has the custody, charge, care

or control of the child;

“referring Court” means the Court from which

a child has been referred to another Court

or to an auxiliary programme;

“Registrar” means the Registrar and Marshal

of the Supreme Court, the Deputy

Registrar and Marshals of the Division and

the Assistant Registrar and Deputy

Marshals of the Division;

“social worker” means—

(a) a public officer experienced or

qualified in social work; or

(b) an officer employed on contract

by the Government, statutory

authority or the Judiciary for the

purpose of performing social work;

“substance” means any dangerous drug as

Chap. 5:32

defined in the Dangerous Drugs Act and Chap. 11:25

alcohol;

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“treatment provider” means a suitably qualified individual or health facility which provides for the treatment, rehabilitation and care of persons with drug or alcohol related problems.

(2) In any proceedings under any written law listed in Schedule 1, a reference to—

(a) the “High Court”, or a “Court of Summary Jurisdiction” shall, in relation to a family matter, be read and construed as a reference to the “Family Court”;

(b) a “Judge”, a “Magistrate” or the “Court” shall, in relation to a family matter, be read and construed as a reference to a “Family Court Judge”, a “Family Court Master” or the “Family Court”, respectively; and

(c) a “Clerk of the Peace” or “Clerk of the Court” shall, in relation to a family matter, be read and construed as a reference to the “Registrar”.

(3) In any proceedings under any written law a reference to—

(a) the “High Court”, or a “Court of Summary Jurisdiction”, or a “Juvenile Court” shall, in relation to a children matter, be read and construed as a reference to the “Children Court”;

(b) a “Judge”, a “Magistrate” or the “Court” shall, in relation to a children matter, be read and construed as a reference to a “Children Court Judge”, a “Children Court Master” or the “Children Court”, respectively; and

(c) a “Clerk of the Peace” or “Clerk of the Court” shall, in relation to a children matter, be read and construed as a reference to the “Registrar”.

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Division

Court and Children

PART II

THE FAMILY AND CHILDREN DIVISION OF THE

HIGH COURT

4. (1) There shall be a Division of the High Court to Establishment of

be known as the “Family and Children Division” which Family and Children

shall comprise the Family Court Subdivision known as

the “Family Court” and the Children Court Subdivision

known as the “Children Court”.

(2) The Family Court shall have jurisdiction in all

family matters.

(3) The Division shall comprise up to twenty-two

Puisne Judges and up to twenty-eight Masters.

(4) The Children Court shall exercise jurisdictionin—

(a) all children matters; and

(b) any other children matters which the Chief

Justice may, by Order, assign to that

Court.

(5) The Family Court shall be separate from theChildren Court and the operations of each shall be

separately housed with separate resources, and Court

offices.

(6) Notwithstanding subsection (5), the Family

Court and the Children Court may be housed in the

same building provided that each maintains separate

Court offices and waiting areas.

(7) The Family Court and the Children Court shall

be housed, managed and staffed in accordance with

Parts IV and V of this Act.

5. (1) Sittings of the Family Court shall be held at Sittings of Family

such locations and at such times as the Chief Justice, in Court and matters in

consultation with a Family Court Judge, may appoint, progress

in accordance with the Supreme Court of Judicature

Act.

Chap. 4:01

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Assignment of

Deputy Registrar

and Marshals,

Assistant Registrar

and Deputy

Marshals

(2) Notwithstanding subsection (1), the Family Court may, when required and appropriate, sit at any time, and may conduct hearings by telephone, video conference or other appropriate electronic means.

(3) Sittings of the Children Court shall be held at such locations and at such times as the Chief Justice, in consultation with a Children Court Judge, may appoint,

in accordance with the Supreme Court of Judicature Act and the Children Act, 2012.

(4) Notwithstanding subsection (3) and subject to any written law or any rules made hereunder, the Children Court may, when required and appropriate, sit at any time, and may conduct hearings by telephone, video conference or other appropriate electronic means.

(5) Without prejudice to the foregoing, upon commencement of this Act, the jurisdiction in family matters previously exercised in Courts of Summary Jurisdiction, save the Magisterial District of St. George West, shall continue to be exercised in those Courts until the Chief Justice directs otherwise.

(6) Without prejudice to the foregoing, upon commencement of this Act, the jurisdiction in family matters previously exercised in the High Court shall continue to be exercised in those Courts until the Chief Justice directs otherwise.

PART III

ADMINISTRATION OF THE FAMILY AND CHILDREN

DIVISION

Deputy Registrar and Marshals and Assistant

Registrar and Deputy Marshals

6. (1) There shall be assigned to the Family and

Children Division—

(a) a complement of up to three Deputy Registrar and Marshals of the Supreme Court, who, when assigned to the Family

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and Children Division, shall be known as “Deputy Registrar and Marshals of the Family and Children Division”; and

(b) a complement of up to ten Assistant

Registrar and Deputy Marshals who, when

assigned to the Family and Children

Division, shall be known as “Assistant

Registrar and Deputy Marshals of the

Family and Children Division”.

(2) The Deputy Registrar and Marshals of the

Family and Children Division and Assistant Registrar

and Deputy Marshals of the Family and Children

Division under subsection (1) shall possess the

requisite special training, experience and temperament

suitable for appointment to the Division.

(3) Where under this Act, a Deputy Registrar and

Marshal of the Family and Children Division or

Assistant Registrar and Deputy Marshal of the Family

and Children Division exercises jurisdiction in relation

to any family matter or any children matter, he shall, in

relation to that matter, have all the rights, powers and

immunities of a Deputy Marshal of Trinidad and

Tobago.


7. (1) There is established an administration Establishment of the Family and Children

department for the Division which shall be known as Court Administration

the “Family and Children Court Administration Department

Department” and which shall be a subdepartment of the

Department of Court Administration.

(2) The Family and Children Court Administration

Department shall comprise the—

(a) Central Coordinating Office;

(b) Family Court Administrative Office; and

(c) Children Court Administrative Office.

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(3) The Central Coordinating Office shall

comprise—

(a) the Social Services Unit;

(b) the Human Resource Management Unit;

(c) the Finance, Accounts and Investment

Unit;

(d) the Communications and Information Unit;

(e) the Records Management, Court and Law

Reporting Unit;

(f) the Children’s Authority Liaison Unit;

(g) the Statistical and Evaluation Unit; and

(h) such other units as may be determined by

the Chief Justice.

(4) The Family Court Administrative Office shall

comprise—

(a) the Family Court Office;

(b) the Family Mediation Unit;

(c) subunits of the Central Coordinating

Office Units; and

(d) such other units and subunits as may be

determined by the Chief Justice.

(5) The Children Court Administrative Office shall

comprise—

(a) the Children Court Office;

(b) the following units:

(i) the Peer Resolution Centre

Coordination Unit;

(ii) the Children Drug Treatment

Process Unit;

(iii) the Auxiliary Programmes

Coordination and Monitoring Unit;

(iv) the Children Court Information Technology Unit; and

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Administrator,

(v) the Children Court Witness Support

Unit;

(c) subunits of the Central Coordinating

Office; and

(d) such other units and subunits as may be

determined by the Chief Justice.

8. (1) The Family and Children Court Administration Deputy Court

Department shall be headed by the Deputy Court Executive

Executive Administrator, Family and Children Division Family Court Administrator,

and be assisted by a Family Court Administrator and a Children Court Administrator and

Children Court Administrator.

(2) The Family Court Administrative Office shall

be headed by a Family Court Administrator while the

Children Court Administrative Office shall be headed

by a Children Court Administrator.

(3) The Deputy Court Executive Administrator

shall report to the Court Executive Administrator and

the Family Court Administrator and the Children Court

Administrator shall report to the Deputy Court

Executive Administrator.

(4) The Deputy Court Administrator has overall

responsibility for the administration of the Division,

and the Family Court Administrator and the Children

Court Administrator are responsible for the Family

Court Administrative Office and the Children Court

Administrative Office, respectively.

(5) The Deputy Court Executive Administrator,

Family Court Administrator and Children Court

Administrator shall possess the appropriate training

and experience as required by the Judiciary.

(6) The Family and Children Court Administration

Department shall be staffed with an appropriate

number of suitably qualified persons as determined

from time to time by the Court Executive

Administrator.

staff

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the powers of a

(7) The Deputy Court Executive Administrator

may assign staff at the Family and Children Court

Administration Department to the Family Court or the

Children Court.

Authority and

jurisdiction in all

family matters

exercisable by the

Family Court

Assignment of

PART IV

THE FAMILY COURT

9. (1) On the commencement of this Act, authority

and jurisdiction in all family matters exercisable by the

High Court and Courts of Summary Jurisdiction, shall

be exercisable by the Family Court.

(2) The question whether any cause, matter or

proceeding is a family matter within the jurisdiction of

the Family Court under this section shall be decided by

the Family Court.

(3) Where there is a question of jurisdiction, the

Family Court shall be guided by its view as to whether

the cause, matter or proceeding is appropriate to be

determined by the Family Court by reason of the

matrimonial, familial or domestic relationship between

the parties or any of them.

Family Court Judges

10. (1) The Chief Justice may assign to the Family

Family Court Judges Court, such Puisne Judges, who by reason of their

special training, experience and temperament, are

suitable to adjudicate in family matters.

(2) A Puisne Judge when sitting in the Family

Court shall be known as a “Family Court Judge”.

(3) A person assigned under subsection (1) may

apply to the Chief Justice for reassignment to any other

Court within the High Court.

Judge or Master in 11. When sitting in the Family Court, a Judge or

Family Court to have Master shall, in addition to the powers conferred under

Magistrate

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Masters

Court Judge

same as a Family

the Supreme Court of Judicature Act, have all the

powers exercisable by a Magistrate in family matters

under—

(a) the Summary Courts Act; and

(b) any other legislation,

including the power to—

(c) hear and determine matters related to

default in the payment of maintenance

when such payment was ordered by a

Court, including ordering the committal of

a person who has defaulted;

(d) hear an application for and issuance of

a Protection Order and its enforcement

issue and enforce a Protection Order under

the Domestic Violence Act; and

(e) grant any other relief as is applicable in the

circumstances.

Chap. 4:20

Chap. 45:56


12. (1) The Chief Justice may also assign to the Family Assignment of

Court, such Masters who, by reason of their special Family Court

training, experience and temperament, are suitable to

adjudicate family matters.

(2) A Master, when sitting in the Family Court,

shall be known as a “Family Court Master”.

(3) A Master appointed under subsection (1) may


Court to which a Master may be assigned.

13. A Family Court Master shall exercise all the Powers of Family Court Master

powers and jurisdiction of a Judge as conferred to

Masters under the Supreme Court of Judicature Act

and rules made thereunder.

14. (1) Where under this Act, a Family Court Master Powers of a Family

has jurisdiction in relation to any matter, then, subject Court Master the

to this Act, he shall have and may exercise, in relation Court or Family

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to that matter, all the powers of the Family Court or of

a Family Court Judge to make an order in the matter,

and such an order may include—

(a) provision for costs; or

(b) other consequential matters.

(2) Any order made by a Family Court Master

under subsection (1) shall have the same effect as if it

had been made by the Family Court or by a Family

Court Judge.

(3) Where under this Act, a Family Court Master

exercises jurisdiction in relation to any family matter,

then—

Enforcement of

certain Orders

Chap. 46:08

Chap. 45:51

Chap. 45:53

(a) in relation to that family matter, the

Master shall have all the rights, powers,

immunities and privileges of a Judge; and

(b) any party to the proceedings may appear by

an Attorney-at-law.

15. (1) Where an order for maintenance is issued by a

Family Court Judge or a Family Court Master under the

Family Law (Guardianship of Minors, Domicile and

Maintenance) Act, the Order may be enforced as if it

were a Maintenance Order to which the Matrimonial

Proceedings and Property Act applies and shall be

a Maintenance Order within the meaning of the

Maintenance Orders (Facilities for Enforcement) Act.

(2) Where an order is made by a Family Court

Judge or a Family Court Master under the Family Law

(Guardianship of Minors, Domicile and Maintenance)

Act, the provisions of sections 26 and 27 of the Act shall

apply as if the Order were made by a Magistrate under

that Act.

(3) When a Court makes an order for the transfer

of matrimonial property, the Court may further order

that in default of compliance with the order within a

stipulated time, that upon the filing of the prescribed

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form by the person in favour of whom the order for

transfer is made, the Registrar shall issue a notice to

show cause returnable within seventy-two hours of

service why—

(a) an order should not be made directing the

Registrar to effect the transfer of said

property; and

(b) an order shall not be made for committal

for contempt.

(4) At the hearing of the notice to show cause

under subsection (3), if the party who is called upon to

show cause fails to show good and sufficient cause, the

Court may make an order to effect transfer of the

property and an order for committal for contempt.

(5) At the hearing of the notice to show cause

under subsection (3), if the party who is called upon to

show cause has good and sufficient reasons for

non-compliance with the order of the Court, the Court

may extend the time for compliance to a specific date

after which the Registrar may be directed to effect the

transfer of the said property.

(6) In this section, “maintenance order” means an

order (whether final or provisional) (however described

in any other law), for the payment of a lump sum or the

periodical payment of money towards the maintenance

of any person, being a person whom the person liable to

make payments under the order, is according to the law

applied in the place where the order was made, liable to

maintain and shall include all such orders made

pursuant to any of the statutory provisions as

prescribed in Schedule 2.

Schedule 2

Administration and Staff of the Family Court

16. (1) The Family Court shall, in addition to judicial Staff of the Family

officers, be staffed with—

(a) public officers; and

Court

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Manager of Family

Court

Oath of Secrecy

Schedule 3

Family Proceedings

Rules to apply

Restrictions on

publication of

proceedings

(b) an appropriate number of other persons engaged on contract by the Court Executive Administrator and who shall hold office for five years, but may be eligible for re-engagement.

(2) The persons referred to in subsection (1)(a) and (b) shall be dedicated to the Family Court, and shall possess the requisite special training, experience and temperament suitable for appointment to the Family Court, in accordance with the Court’s performance standards.

17. (1) The Family Court shall have in each location, a Family Court Manager who shall be responsible for the management of the particular location.

(2) The Family Court Manager shall report to the Family Court Administrator.

18. A member of staff of the Family Court shall, prior to the assumption of duty, make an oath or affirmation of secrecy before a Judge or Justice of the Peace in the form set out in Schedule 3.


19. In any family matter before the Family Court, the Family Proceedings Rules, 1998 and all other relevant Rules of Court shall apply.

20. (1) In any proceeding, the Family Court may, at its own instance or on the application of a party, restrict the publication of the names of the parties or of any proceedings before the Family Court.

(2) Any publication of a judgment and ruling of the Family Court shall be done in such a manner that the parties to a family matter, or the children to whom the matter may relate, cannot be identified.

(3) The Family Court may, in proceedings before it, order that the proceedings—

(a) be held in camera; and

(b) not be published.

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aid

(4) In order to protect the identity of any child, the

Family Court may, in proceedings before it, order copies

of any proceedings, judgment or ruling to be redacted by

the Family Court Records Management, Court and Law

Reporting Subunit, before it may be published.

(5) The Family Court, a Family Court Judge or

Family Court Master may seal the copies of the

transcript of any proceedings involving a child and any

documents relevant to such proceedings.

(6) Where the Family Court, a Family Court Judge

or Family Court Master seals the copies of the

transcript of any proceedings and relevant documents,

pursuant to subsection (5), or a n y o th e r w r i t t e n

l aw , they shall remain sealed until a further order is

made.

21. In any family matter, the Court may—

(a) appoint a guardian ad litem for a child;

(b) request that the Solicitor General or the

Senior Children’s Attorney assign a

Children’s Attorney to represent and safeguard the voice of a child and perform

such other functions as the Court may

think necessary, pursuant to section 88(5)

of the Children Act, 2012 or any other

written law;

(c) refer the matter to family mediation; and

(d) order DNA testing of the alleged parent

and child in order to assist the Court in

determining paternity of a child.

Family Court to

appoint guardian ad

litem and request

Children’s Attorney

22. In any family matter, the Court may adjourn the Court to adjourn for

matter for an application to be made under the Legal application for legal

Aid and Advice Act. Chap. 7:07

23. Where in proceedings before any other Court, the Transfer of matters

Court is of the view that the elements of the matter

make it desirable that the matter be dealt with by the

Family Court, it may be transferred to be

adjudicated upon by the Family Court.

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Appeals

Authority and

jurisdiction in all

children matters

exercisable by the

Children Court

24. An appeal shall lie from any judgment or order of

a Family Court Master or a Family Court Judge to the

Court of Appeal in like manner and to like extent as an

appeal from any judgment or order of a Judge.

PART V

THE CHILDREN COURT

25. (1) On the commencement of this Act, the

authority and jurisdiction in children matters

exercisable by the High Court and Courts of Summary

Jurisdiction shall be exercisable by the Children Court.

(2) The question whether any cause, matter or

proceeding is a children matter within the jurisdiction of

the Children Court under this section, shall be decided

by the Children Court.

(3) Where there is a question of jurisdiction, the

Children Court shall be guided by its view as to whether

the cause, matter or proceeding is appropriate to be

determined by the Children Court by reason of it being

a matter in which—

(a) a child is charged;

(b) an application is being or has been made

that a child is in need of care and

protection;

(c) an application is being made for an order

under section 61 of the Children Act, 2012;

(d) it is not a family matter within the

meaning of this Act, but the primary issue

in the matter is the care and protection of

the child; or

(e) the Children Court is to hear an

application relating to a child at which the

attendance of the child is required.

24 24

24

Judges

Judge or Master

Masters


26. (1) The Chief Justice may assign to the Children Assignment of

Court, such Puisne Judges who by reason of their Children Court

special training, experience and temperament are

suitable to adjudicate in children matters.

(2) A Puisne Judge when sitting in the Children

Court shall be known as a “Children Court Judge”.

(3) A person assigned under subsection (1) may



27. When sitting in the Children Court, a Judge or Powers of a

Master shall, in addition to the powers conferred under Children Court

the Supreme Court of Judicature Act, have all the

powers exercisable by a Magistrate in children matters

under—

(a) the Summary Courts Act; and

(b) any other written law,

including the power to—

(c) hear and determine matters related to

default in the payment of maintenance

when such payment was ordered by a

Court including ordering the committal of a

person who has defaulted;

(d) hear an application for and issue a

protection order and its enforcement and

enforce a Protect ion Orde r under

the Domestic Violence Act; and

(e) grant any other relief as is applicable in the

circumstances.


28. (1) The Chief Justice may also assign to the Assignment of

Children Court, such Masters as are suitable by reason Children Court

of their special training, experience and temperament to

adjudicate in children matters.

25 25

25

Powers of Children

Court Masters

Powers of Children

Court Master the

same as a Children

Court or Children

Court Judge

(2) A Master when sitting in the Children Court

shall be known as a “Children Court Master”.

(3) A person assigned under subsection (1) as a

Children Court Master may apply to the Chief Justice

for reassignment to the Children Court or to any other


29. A Children Court Master shall exercise all the

powers and authority of a Judge as conferred to Masters

under the Supreme Court of Judicature Act and Rules

made thereunder.

30. (1) Where under this Act, a Children Court

Master has jurisdiction in relation to any matter, he

shall have and may exercise in relation to that matter,

all the powers of the Children Court or of a Children

Court Judge to make an order in the matter and such an

order may include—

(a) provision for costs; and

(b) other consequential matters.

(2) Any order made by a Children Court Master

under subsection (1) shall have the same effect as if it

had been made by the Children Court or by a Children

Court Judge.

(3) Where under this Act, a Children Court

Master exercises jurisdiction in relation to any children

matter—

(a) the Master shall have all the rights,

powers, immunities and privileges of a

Judge, in relation to such a matter;

(b) any party to the proceedings may appear by

an Attorney-at-law; and

(c) in any hearing of a charge against a child

charged with a criminal offence, the Court

shall ensure that the child is represented

by an Attorney-at-law.

26 26

26

proceedings


31. (1) The Children Court shall, in addition to Staff of the Children

judicial officers, be staffed with—

(a) public officers; and

(b) an appropriate number of other persons

engaged on contract by the Court

Executive Administrator.

(2) The persons referred to in subsection (1)(b)

shall be engaged on contract for a period of up to five

years but may be eligible for re-engagement.

(3) The persons referred to in subsection (1)(a)

and (b) shall be dedicated to the Children Court, and

shall possess the requisite special training, experience

and temperament suitable for appointment to the

Children Court, in accordance with the Court’s

performance standards.

Court

32. (1) The Children Court shall have in each Manager of the

location, a Children Court Manager who shall be Children Court

responsible for the management of the particular

location.

(2) The Children Court Manager shall report to

the Children Court Administrator.

33. A member of staff of the Children Court shall, Oath of Secrecy

prior to assumption of duty, make oath or affirmation of

secrecy before a Judge or Justice of the Peace in the

form set out in Schedule 3.


34. (1) In order to protect the identity of any child, Restrictions on

the Children Court may, in proceedings before it, order publication of

copies of any proceedings, judgment or ruling to be

redacted by the Children Court Records Management,

Court and Law Reporting Subunit, before it may be

published.

27 27

27

(2) The Children Court, a Children Court Judge

or Children Court Master may seal the copies of the

transcript of any proceedings involving a child and any

documents relevant to such proceedings.

(3) Where the Children Court or a Children Court

Judge or Children Court Master seals the copies of the

transcript of any proceedings, any documents under

and relevant documents, pursuant to subsection (2) or

any other written law, they shall remain sealed until a

further order is made.

Children Court to

appoint guardian ad

litem or Children’s

Attorney and other

orders

Chap. 7:07

35. (1) In any children matter, the Court may—

(a) appoint a guardian ad litem for a child; and

(b) request that the Solicitor General or the

Senior Children’s Attorney assign a

Children’s Attorney to represent and

safeguard the voice of a child and perform

such other functions as the Court may

think necessary, pursuant to section 88(5)

of the Children Act, 2012 or any other

written law.

(2) During the course of any criminal

investigation or interrogation in which—

(a) a child is a suspect or is being interrogated;

(b) the actions of a child are being

investigated; or

(c) a child is a witness,

the Children’s Authority, the Police or the Duty

Counsel, appointed pursuant to section 4A(1) of the

Legal Aid and Advice Act, may apply to the Court to

have a Children’s Attorney appointed for the child, and

where the Court is of the view that appointing a

Children’s Attorney is in the best interest of the child,

the Court may so order.

(3) In any children matter the Court may order—

(a) that a particular social service be provided

to a child; and

28 28

28

aid

Officer

(b) subject to subsection (4), that probation services be provided for—

(i) pre-hearing assessments of a child and the submission of relevant reports;

(ii) investigations and reports about the child’s circumstances; and

(iii) supervision of a child.

(4) Where probation services are required pursuant to subsection (3)(b), the Court may, nonetheless, utilize the services of any person whose qualifications are at least equivalent to those of a probation officer and who either—

(a) is a public officer; or

(b) is employed on contract by the Government or a statutory authority.

36. In any family matter or children matter, the Court to adjourn for

Court may, where necessary, adjourn the matter for an application for legal

application to be made under the Legal Aid and Advice Act.

37. (1) Where in any children matter, the Children Court to continue

Court deems it necessary to continue judicial judicial supervision

supervision of a child by conducting monitoring hearings with the child and his family, the management of the Community Residence, or other systems of support, the Court may make the relevant order.

(2) In this section, “monitoring hearings” means hearings conducted by a Court to monitor the progress of a child before the Court.

38. Where in any matter, the Children Court orders Court to assign

either a non-custodial sentence or a custodial sentence Children’s Probation

either of which is combined with orders for the child to participate in an auxiliary programme, a Children’s Probation Officer shall be assigned to monitor the child’s compliance with the sentence and sanction and to ensure that the child is assessed for risk at the appropriate periods.

29 29

29

Probation Officer to

report to the Court

Referral to Peer

Resolution

Schedule 4

39. The probation officer assigned under section 38

shall report to the Children Court periodically, as

ordered by the Court, with respect to—

(a) the progress of the child;

(b) the child’s compliance with the sentence

and sanction;

(c) the care of the child;

(d) the child’s education;

(e) the child’s health and general welfare;

(f) the child’s interaction with his family;

(g) the most recent assessments of the child;

and

(h) any other issue which the Court deems

necessary.

Peer Resolution

40. (1) Where in any children matter in which a child

who is charged with an offence, other than those

prescribed in Schedule 4, and enters a plea of guilty, the

Children Court may, with the agreement of the child

and the consent of the parent, guardian, or person with

responsibility for the child, refer the matter

to Court-annexed Peer Resolution to seek a

recommendation as to the appropriate measures or

sanctions to be employed for the offence.

(2) Notwithstanding subsection (1), where the

offence does not fall within the list of offences set out in

Schedule 4, and the offence is in respect of a crime—

(a) in which the child has been accused of

using extreme violence; or

(b) which the Court is of the view—

(i) is too serious or heinous in nature to

be suitable to Peer Resolution; or

30 30

30

but the child

(ii) has been committed in—

(A) such a manner;

(B) such circumstances; or

(C) with such intention,

as to make it unsuitable for Peer

Resolution,

the Court shall not refer the child to Peer Resolution.

(3) Where a child is referred to Peer Resolution,

the Children Court may impose additional measures to

ensure the welfare of the child.

(4) The Attorney General may, by Order, amend

Schedule 4, by deleting or adding an offence, subject to

negative resolution of Parliament.

41. Notwithstanding section 40, if the parent, Where the parent

guardian or person with responsibility for the child withholds consent

withholds consent to referral to Peer Resolution but the consents

child agrees to the matter being so referred, the Court

may only refer the child to Peer Resolution where it

considers it to be in the best interest of the child.

42. Before seeking the agreement of the child and Court to explain Peer

parental consent under section 40, the Children Court Resolution

shall explain the Peer Resolution process to the child

and to the child’s parent, guardian or person with

responsibility for the child in language and in a manner

that they understand.

43. (1) During Peer Resolution, the child shall be Deliberations and

questioned in camera.

(2) Deliberations of peer assessors during Peer

Resolution shall be in camera.

(3) “Peer assessors” means children who during

the Peer Resolution process, determine the

recommended sanction for a child in accordance with

the rules relating to Peer Resolution.

questionings during Peer Resolution to be

in camera

31 31

31

When a child denies

guilt

When the child fails

to comply with an

order

Court to make

further order

44. (1) Where the Court refers a child to Peer

Resolution and the child subsequently denies guilt, the

Court shall order that the child be brought to the Court

for the hearing.

(2) Where the Court refers a child to Peer

Resolution and a recommendation is received by the

Court as to the sanctions for the child, the Court may—

(a) review the recommended sanctions and

agree with the sanctions;

(b) refuse the sanctions and give reasons for

the refusal; or

(c) amend the recommended sanctions,

and make an order, accordingly.

45. (1) If at any time while a Peer Resolution order is

in force against a child under this section, it appears to

the Court on information provided by the Children

Authority or the Children’s Probation Officer, that the

offender has failed to comply with any of the

requirements of the order, the Court may—

(a) issue a summons requiring the offender to

appear at the place and time specified in

the summons; or

(b) if the information is on oath, issue a

warrant for his arrest.

(2) Any summons or warrant issued under this

section shall direct the child offender to appear or be

brought before the Court.

46. If it is proved to the satisfaction of the Court

before which an offender appears or is brought under

section 44(2), that the offender had failed, without

reasonable excuse, to comply with any of the

requirements of the Peer Resolution Order, the Court

may make a further order under sections 59(2) and 60(2)

and any other relevant section of the Children Act,

2012.

32 32

32

adjudicating in the


47. Where a Court has received reports about a child, Court to adjourn for

the Court may adjourn the matter to be heard before the Judge or Master

Judge or Master adjudicating in Children Drug Children Drug Treatment Court

Treatment Process matters where the Court is satisfied Process matters

that—

(a) the child is—

(i) pleading guilty and is the subject of a pending drug-related matter before the Court; or

(ii) the subject of an application under section 61 of the Children Act; and

(iii) before the Court in any other matter and it is brought to the Court’s attention that the child has a history of alcohol or substance abuse;

(b) the child is not charged with a violent or other serious offence;

(c) the child has a history of alcohol or substance abuse;

(d) the assessment of the child indicates that the child may be suited to Children Drug Treatment Court Process;

(e) the assessment of the child indicates that the child has a good chance of benefitting from referral to the Children Drug Treatment Court Process;

(f) the child is able to physically and psychologically participate in drug intervention activities;

(g) the child is deemed suitable for drug rehabilitation;

(h) the child agrees to participate in the Children Drug Court and is prepared to apply for referral to the Children Drug Treatment Court Process;

33 33

33

Non-application of

section 47(h)

Court to make order

referring child to

Children Drug

Treatment Court

Process

(i) the child’s parent, guardian, or person with

responsibility for the child agree that the

child should be referred to Children Drug

Treatment Court Process; and

(j) the Children Drug Treatment Court

Process and consequences have been

clearly explained to the child and the

parent, guardian or person with

responsibility for the child.

48. Section 47(h) shall not apply in matters in which

a child pleads guilty and is the subject of a pending

drug-related matter before the Court.

49. Notwithstanding section 47(i), the Court may

make an order referring a child to the Children Drug

Treatment Court Process without the consent of the

child’s parent, guardian or person with responsibility

for the child if the Court is of the view that—

(a) the parent, guardian, or person with

responsibility for the child is unreasonably

withholding consent for the child to be

referred to Children Drug Treatment Court

Process;

(b) the child is committed to participating in

the Children Drug Treatment Court

Process;

(c) referral to the Children Drug Treatment

Court Process will be in the best interest of

the child;

(d) the Children Drug Treatment Court

Process and consequences have been

explained clearly to the parents and the

child; and

(e) the other conditions in section 47 are met.

34 34

34

Children Drug

Process Team

50. (1) If the Court makes an order referring a child Procedure where Court makes order

to the Children Drug Treatment Court Process, the for Children Drug Treatment Court

Court shall—

(a) inform the Children Drug Treatment Court

Process Manager immediately;

(b) forward a summary of the case file

including medical, psychosocial and risk

assessment reports to the Children Drug

Treatment Court Process Manager;

(c) adjourn the sentencing hearing to a date to

be determined following the graduation

report or failure report being submitted by

the Children Drug Treatment Court

Process to the referring Court; and

(d) notify the parent, guardian or person with

responsibility for the child.

Process

51. An order of the Court referring a child to the Effect of order

Children Drug Treatment Court Process suspends the referring child to

passing of a sentence on the child for the offence. Treatment Court Process

52. (1) The Children Drug Treatment Court Process Children Drug

shall be presided over by a Judge or Master who shall be Treatment Court

the decision maker.

(2) The Judge or Master shall be assisted by

professionals who are already interfacing with the child,

and any other professional who may be recommended by

any professional dealing with the child and agreed upon

by the Judge or Master and the members of a Children

Drug Treatment Team, in the best interest of the child.

(3) The Registrar shall maintain a list of

professionals which shall be known as the “Children

Drug Treatment Team Pool” comprising three persons

appointed by the Registrar in each of the following

categories of professionals:

(a) Children’s Attorneys nominated by the

Solicitor General;

35 35

35

(b) Children’s Probation Officers nominated by

the Chief Probation Officer;

(c) suitably qualified representatives of the

Student Support Services Division of the

Ministry of Education nominated by the

Director of Student Support Services of the

Ministry of Education;

(d) youth development specialists who are

qualified and experienced in the fields of

youth development and social work;

(e) child psychologists nominated by the

Children’s Authority;

(f) Police officers nominated by the

Commissioner of Police; and

(g) representatives of the treatment provider. ; and (h) any other professional as the Registrar deems appropriate.

(4) In each matter, a group comprising the

following professionals:

(a) persons selected from the Children Drug

Treatment Team Pool;

(b) a state counsel or legal officer nominated

by the Director of Public Prosecutions;

(c) the child’s social worker or the child’s social

worker’s alternate; and

(d) a representative of the Children’s

Authority nominated by the Director of the

Children’s Authority,

shall assist the Judge or Master as members of a

Children Drug Treatment Team headed by the Judge or

Master.

(5) The failure to appoint or the lack of input by

any member of the Children Drug Treatment Team

shall not prevent a Judge or Master from making a

determination.

36 36

36

requirements

the programme

53. The child psychologists nominated by the Duties of child

Children’s Authority under section 52(3)(e) shall be psychologists

persons who are qualified to—

(a) design programmes to meet the psycho-

evaluative needs of participants of the

Children Drug Treatment Court Process;

(b) assist in determining the participant’s

eligibility for the Children Drug Treatment

Court Process; and

(c) provide ancillary support such as testing,

and crisis counselling.

54. Where a child is referred to the Children Drug Court may impose

Treatment Court Process the Court may impose additional

additional requirements for the successful completion of

the child’s treatment programme, as the Court deems

necessary.

55. (1) Where the Court refers a child to the Children Where a child fails to

Drug Treatment Court Process and the child fails to pursue or complete

pursue or complete the programme or measures

recommended, the Registrar shall cause to be filed,

where appropriate, a notice of failure.

(2) Where the Registrar, in accordance with

subsection (1), files a notice of failure, the matter which

was heard before the Judge or Master in the Court from

which the child was initially referred to the Children

Drug Treatment Court Process shall then continue in

that Court and the Court shall consider whether—

(a) the child shall be referred again to the

Children Drug Treatment Court Process;

(b) in cases in which the child had appeared in

Court charged with a criminal offence, the

child should be sentenced; or

(c) another solution is suited to a case in which

the child appeared in Court not having

been charged with a criminal offence.

37 37

37

Court causes to be

filed a graduation

notice

Transfer of matters

Appeals

Magistrate may hear

applications for and

issuance of a

Protection Order or

its enforcement

Rules

56. Where the Court refers a child to the Children

Drug Treatment Court Process and the child graduates

from the programme, the Court shall cause to be filed a

graduation notice with the Court and the referring

Court may order that no conviction be recorded.


57. Where in proceedings before any other Court, that

Court is of the view that the elements of the matter

make it desirable that the matter be dealt with by the

Children Court, it may transfer the matter to the

Children Court and the Children Court may adjudicate

on the matter.

58. An appeal shall lie from any judgment or order of

a Children Court Master or a Children Court Judge to

the Court of Appeal in like manner and to like extent as

an appeal from any judgment or order of a Judge.

PART VI

MISCELLANEOUS

59. Notwithstanding sections 11(b)(ii), 27(b)(ii) and

any other written law, applications for, and the issuance

of a Protection Order or its enforcement under the

Domestic Violence Act may also be heard by a

Magistrate in the Magistrate’s Court.

60. (1) The Rules Committee established under

section 77 of the Supreme Court of Judicature Act may

make Rules with respect to the—

(a) exercise of the functions and powers of the

Family Court Masters, when sitting in the

Family Court;

(b) the initiation of matters in each of the

subdivisions of the Division and the

transfer of matters between the

subdivisions;

38 38

38

(c) exercise of the functions of the Children

Court Masters when sitting in the Children Court;

(d) duties of the officers attached to the Family Court and Children Court;

(e) forms, applications, complaints, notices,

particulars, summonses, warrants and

other processes necessary for the purposes of the Family Court and Children Court

and any matters relating to the foregoing;

(f) regulation of the practice and procedure of

the Family Court and Children Court;

(g) fees to be paid under this Act;

(h) accounts to be rendered of moneys received

by any person under this Act;

(i) method of issue of process under this Act,

and the manner of receipt of, and accounting for, fees in respect of such process; and

(j) things that are incidental or necessary for giving effect to the purposes of this Act.

(2) The Rules made under this Act shall be subject to negative resolution of Parliament.

(3) The Chief Justice may, by Practice Direction,

determine the case types and categories of applications

to be heard by each subdivision.

61. The President may, by Order, amend Schedules 1 Power to amend

and 3 and such Order shall be subject to negative Schedules 1 and 3

resolution of Parliament.

62. (1) Where before the commencement of this Act— Transitional

(a) subject to section 46 of the Family Law

(Guardianship of Minors, Domicile and

Maintenance) Act, any family proceedings

have been instituted in the High Court or

in the Magistrates’ Court, the High Court

provisions

39 39

39

Consequential

amendments

Schedule 5

or the Magistrates’ Court, as the case may

be, shall have jurisdiction to continue to

hear and determine the proceedings

notwithstanding any provisions to the

contrary in this Act; and

(b) the High Court or a Magistrate’s Court was

vested with jurisdiction to enforce, renew,

vary, suspend, revive, cancel or discharge

an Order in respect of a children matter

and, by virtue of this Act such jurisdiction

vests in the Family Court, the jurisdiction

shall be exercisable by the Family Court.

(2) Where before the commencement of this Act—

(a) a child has been charged with an offence

and proceedings have commenced with

respect to that charge in the High Court or

in a Magistrate’s Court in which that Court

had jurisdiction, the High Court or the

Magistrate’s Court, as the case may be,

shall have jurisdiction to continue to

hear and determine the proceedings

notwithstanding any provisions to the

contrary in this Act; and

(b) the High Court or a Magistrate’s Court was

vested with jurisdiction to enforce, renew,

vary, suspend, revive, cancel or discharge

an Order in respect of a children matter

and, by virtue of this Act, such jurisdiction

vests in the Juvenile Court, jurisdiction

shall be exercisable by the Children Court.

63. The written laws specified in the First Column of

Schedule 5 are amended to the extent specified in the

Second Column of that Schedule.

40 40

40

SCHEDULE 1

[Sections 3(1) and 60]

[Section 3(1)]

WRITTEN LAWS IN RELATION TO FAMILY MATTERS

Administration of Estates Act ... ... ... Chap. 9:01

Succession Act (Part VIII) ... ... ... Chap. 9:02

Emigration (Children) Act ... ... ... Chap. 18:02

Marriage Act ... ... ... ... ... Chap. 45:01

Muslim Marriage and Divorce Act ... ... Chap. 45:02

Hindu Marriage Act ... ... ... ... Chap. 45:03

Orisa Marriage Act ... ... ... ... Chap. 45:04

Married Persons Act ... ... ... ... Chap. 45:50

Matrimonial Proceedings and Property Act ... Chap. 45:51

Attachment of Earnings (Maintenance) Act ... Chap. 45:52

Maintenance Orders (Facilities for Enforcement) Chap. 45:53

Act

Cohabitational Relationships Act ... ... Chap. 45:55

Domestic Violence Act ... ... .... Chap. 45:56

Children Act ... ... ... ... ... Act No. 12 of 2012

Infants Act ... ... ... ... ... Chap. 46:02

Adoption of Children Act ... ... ... Act No. 67 of

2000

Age of Majority Act ... ... ... ... Chap. 46:06

Status of Children Act ... ... ... Chap. 46:07

Family Law (Guardianship of Minors, Domicile Chap. 46:08

and Maintenance) Act

Children’s Authority Act ... ... ... Chap. 46:10

Children’s Community Residences, Foster Care Act No. 65 of

and Nurseries Act 2000

Occupational Safety and Health Act (Part IX) Chap. 88:08

International Child Abduction Act ... ... Chap. 12:08

41 41

41

SCHEDULE 2

[Section 15(6)]

MAINTENANCE ORDERS TO WHICH THIS ACT APPLIES

1. An order for maintenance pending suit, maintenance,

periodical payments, financial relief or other payments made,

or having effect as if made under the Matrimonial Proceedings

and Property Act, Chap. 45:51.

2. An order for payments to, or in respect of a child, being an

order made, or having effect as if made, under Part III of the

said Matrimonial Proceedings and Property Act, Chap. 45:51.

3. An order for maintenance made under section 41 of the

Matrimonial Proceedings and Property Act, Chap. 45:51.

4. An order under sections 13(2), 13(5), 13(6)(a), 13(6)(b), 14(1)(b)

and 15(b) of the Family Law (Guardianship of Minors,

Domicile and Maintenance) Act, Chap. 46:08.

5. An order for maintenance made pursuant to a paternity order

under section 22 of the Family Law (Guardianship of Minors,

Domicile and Maintenance) Act, Chap. 46:08.

6. An order for maintenance or other periodical payments to, or

in respect of a spouse or a child, being an order made, or

having effect as if made under section 25 of the Family Law

(Guardianship of Minors, Domicile and Maintenance) Act,

Chap. 46:08.

7. An order under section 48 of the Children Act, 2012.

8. An order for maintenance under section 5 of the Age of

Majority Act, Chap. 46:06.

9. An order for maintenance under Part VIII of the Succession

Act, Chap. 9:02.

10. A maintenance order within the meaning of the Maintenance

Orders (Facilities for Enforcement) Act, 2000 (United

Kingdom, and certain Commonwealth Maintenance Orders

enforceable in Trinidad and Tobago) registered in, or

confirmed by, a Court in Trinidad and Tobago under the said

Act.

11. A maintenance order under section 15 or 16 of the

Cohabitational Relationships Act, Chap. 45:55.

12. A Protection Order with provision for maintenance or other

financial relief under section 6 of the Domestic Violence Act,

Chap. 45:56.

41

SCHEDULE 3

41

SCHEDULE 5

41

(Sections 18, 33 and 60)

[Sections 18 and 33]

OATH (OR AFFIRMATION) OF SECRECY

I, (A.B.), ................................................................................. do swear (solemnly affirm) that I will not, without due authority in that behalf, in any manner whatsoever, publish or communicate any facts or information being facts or expressions of opinion based on such facts that came to my knowledge by reason of my employment.

SCHEDULE 4

(Section 40)

OFFENCES FOR WHICH PEER RESOLUTION IS NOT AVAILABLE

1. Treason.

2. Offences against the person, namely—

(a) Murder;

(b) Conspiring or soliciting to commit murder;

(c) Manslaughter;

(d) Shooting or wounding with intent to do grievous bodily harm or unlawful wounding;

(e) Assault occasioning bodily harm.

3. Offences involving kidnapping, namely—

(a) Kidnapping;

(b) Kidnapping for ransom;

(c) Knowingly negotiating to obtain a ransom.

4. Any sexual offence.

5. Any drug trafficking offence.

6. 5. Offences under the Trafficking in Persons Act, 2011.

7. 6. Unlawful possession of a firearm or ammunition.

8. 7.Possession or use of firearms or ammunition with intent to endanger life.

9. 8. Possession of imitation firearms in pursuance of any criminal offence.

10. 9. Robbery, Robbery with Aggravation, Robbery with Violence.

11. 10.Sedition.

12. 11.Piracy or Hijacking.

13. 12.An offence under the Anti-gang Act, 2011.

14. 13.Inciting any of the offences in this Schedule.

42

SCHEDULE 3

42

SCHEDULE 5

42

(Section 63)

CONSEQUENTIAL AND OTHER AMENDMENTS TO VARIOUS ACTS

First Column

Written Laws

1. S u p r e m e

Court of

J u d i c a t u r e

Act, Chap. 4:01

2. Bail Act,

Chap. 4:60

Second Column

Extent of Amendments

The Supreme Court of Judicature Act is amended—

(a) in section 5(1), by deleting the word “thirty-six” and substituting the word “forty-nine”;

(b) by deleting the words “Judge in Chambers” wherever they occur and substituting the word “Judge”;

(c) in section 65B(1), by deleting the words “sitting in Chambers”; and

(d) in section 65D(a), by deleting the words “in Chambers”.

The Bail Act is amended—

(a) in section 3—

(i) by deleting the definitions of “child” and “young person;”

(ii) by inserting in the appropriate alphabetical sequence the following definition:

“child” means a person under the age of eighteen years;”;

(b) by deleting the words “child or young person” and “young person” wherever they occur and substituting the word “child”;

(c) in section 6(1)—

(i) in paragraph (c), by deleting the words “Children Act” and substituting the words “Children Act, 2012”; and

(ii) in paragraph (d), by deleting the word “young” and substituting the word “child”; and

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(d) in section 15(6), by deleting the words “section 52 of the Children Act” and substituting the words “section 54 of the Children Act, 2012”.

3. S u m m a r y

Courts Act,

Chap. 4:20

4. The Administra-

tion of Justice

( D e o x y r i b o -

nucleic Acid)

The Summary Courts Act is amended in section 63A(2), by deleting the words “section 76 of the Children Act” and substituting the words “section 98 of the Children Act, 2012”.

The Administration of Justice (Deoxyribonucleic Acid) Act is amended by inserting after section 29 the following section:

Act, Chap. 5:34 “Use of DNA

data and

information

with respect

to non-

29A. DNA data or information with respect to non-intimate or intimate samples taken in accordance with this Act shall be

intimate and used or disclosed only for intimatesamples purposes—

(a) related to the prevention or detection of crime;

(b) the investigation of offences; or

(c) the conduct of prosecutions by, or on

behalf of, police or other law enforcement and prosecuting authorities.”.

5. Legal Aid and The Legal Aid and Advice Act is amended—

Advice Act, Chap. 7:07

(a) in section 2, by inserting in the appropriate alphabetical sequence

the following definition:

“ “Children Court” has the meaning assigned to it under section 3 of the Family and Children Division Act, 2016;”;

(b) in section 16(3)(a), by inserting after the words “Court of summary jurisdiction” the words “or Children Court”;

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(c) in section 16(5B), by deleting the word “juvenile” and substituting the word “Children”; and

(d) in section 16(5C)—

(i) by deleting the words “section 74 of the Children Act” and substituting the words “section 54 of the Children Act, 2012”; and

(ii) by deleting the words “Part IV” and substituting the words “Part X”.

6. Probation of

Offenders Act,

Chap. 13:51

The Probation of Offenders Act is amended—

(a) in section 2—

(i) by inserting in the appropriate alphabetical sequence the following definitions:

“ “child” has the meaning assigned to it under the Children Act, 2012;

“Children’s Probation Officer” means a person appointed to be a Children’s Probation Officer under section 18;”; and

(ii) in the definition of “probation order”, by inserting after the words “under this Act” the words, “, the Children Act, 2012 or the Family and Children Division Act, 2016,”;

(b) by inserting after section 8, the following new section:

“Court may

order a

probation

officer to

conduct

8A. Where a Court requires an assessment, investigation and report on a child or person

assessments, associated with a child investigation to determine what and reports

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7. I n d i c t a b l e

provisions shall be made for the care of that child pending hearing, during hearing or post hearing, the Court may order that a suitably qualified probation officer conduct such assessment, investigation and report on the child or the person.”;

(c) in section 16, by inserting after subsection (2), the following new subsection:

“ (3) Where— (a) a child is placed by the

Court under the supervision of a welfare officer (probation); or

(b) the Chief Probation Officer assigns a welfare officer (probation) to a child,

the welfare officer (probation) shall be known as a “Children’s Probation Officer.”; and

(d) in section 18(1), by inserting after paragraph (a), the following new paragraph:

“ (aa) a Children’s Probation Officer who shall be a person who has been trained and is qualified as a specialist in the welfare of children;”.

The Indictable Offences (Preliminary

O f f e n c e s Enquiry) Act is amended—

(Pre l im ina ry

Enquiry) Act,

Chap. 12:01

(a) in section 16C, in subsection (2)—

(i) by inserting after the word “child”, the words “who is under ten years of age”; and

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(ii) by deleting the words “section 19 of the Children Act” and substituting the words “section 98 of the Children Act, 2012”; and

(b) by inserting after subsection (2), the following new subsection:

“ (2A) Where a child, ten years of age and over, is a witness in a preliminary enquiry, the child shall first swear on oath and then this section shall be applied to any written statement made by such a witness.”.

8. Prisons Act,

Chap. 13:01

The Prisons Act is amended—

(a) in section 2—

(i) by deleting the definition of “Industrial Institution” and substituting in the appropriate alphabetical sequence the following definition:

“ “Rehabilitation Centre” has the meaning assigned to it under section 2 of the Children’s Community Residences, Foster Care

Act No. 65 of

2000

Chap. 13:05

and Nurseries Act; and;”

(ii) in the definition of “prisoner”, by inserting after the words “charge of any offence” the words “but does not include a child charged nor a child offender”;

(iii) by deleting the definition of “young offender” and inserting in the appropriate alphabetical sequence the following definitions:

“ “child charged” has the meaning assigned to it under section 1A of the Child Rehabilitation Centre Act;

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“child offender” has the meaning assigned to it under section 1A of the Child Rehabilitation Centre Act;”;

(b) in section 22(a), by deleting

subparagraph (ii);

(c) in section 22(b)—

(i) in subparagraphs (i) and (ii), by deleting the words “and young offenders”;

(ii) in subparagraph (iv), by deleting the words “or a young offender”; and

(iii) in subparagraph (v), by deleting the words “or Industrial Institution”;

(d) in section 22(c)—

(i) by deleting the words “, Industrial Institution” and substituting the word “or”; and

(ii) by deleting the words “or young offender”;

(e) in section 23(1)—

(i) in paragraph (a), by deleting the words “or Industrial Institution” wherever they occur; and

(ii) in paragraph (c), by deleting all the words after the words “a prison” and substituting the words “or prisoner”;

(f) in section 24(3)—

(i) in the chapeau, by deleting the words “and Industrial Institution”;

(ii) in paragraph (a), by deleting

the words “or Industrial Institution”;

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(iii) in paragraph (b), by deleting all the words after the word “prisoners”;

(iv) in paragraph (d), by deleting the words “or young offenders”; and

(v) in paragraph (e), by deleting the words “and young offenders”.

9. Y o u n g

O f f e n d e r s

Detention Act,

Chap. 13:05

The Young Offenders Detention Act is amended—

(a) in the long title, by deleting all the words from “Reformation” to the end and substituting the words “detention of child offenders and children charged with criminal offences.”;

(b) in section 1, by deleting the words “Young Offenders Detention” and substituting the words “Child Rehabilitation Centre”;

(c) by inserting after section 1, the following new sections:

“Interpretation

Chap. 46:10

Act No. 12 of 2012

1A. In this Act—

“ A u t h o r i t y ” means the C h i l d r e n ’ s A u t h o r i t y es tablished u n d e r section 4 of t h e C h i l d r e n ’ s A u t h o r i t y Act;

“child” has the m e a n i n g assigned to it u n d e r section 3 of t h e C h i l d r e n Act, 2012;

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Chap. 13:01

“child charged” means a child who has been charged with an offence and is awaiting the outcome of a hearing or trial;

“child offender” means a child who has been convicted of a criminal offence;

“Commissioner of Prisons” has the m e a n i n g assigned to it under section 2 of the Prisons Act;

“ M i n i s t e r ” means the Minister to w h o m responsibility for national security has b e e n assigned;

“prison officer” has the m e a n i n g assigned to it u n d e r section 2 of the Prisons Act;

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Act No. 65 of 2000

Act binds the

State

“Rehabilitation Centre” has the meaning assigned to it u n d e r section 2 of t h e C h i l d r e n ’ s Community Resid ences, Foster Care a n d N u r s e r i e s Act.

1B. This Act binds the State.”;

(d) by deleting the word “Institution” wherever it occurs and substituting the words “Rehabilitation Centre”;

(e) by repealing section 2 and substituting the following new section:

“Designation

of

2. (1) The Minister may, by Order, after

Rehabilitation consultation with theCentres

Commissioner of Prisons and the Authority, designate premises to be a Child Rehabilitation Centre (hereinafter referred to as “a Rehabilitation Centre”).

(2) P r e m i s e s designated under subsection (1) shall be deemed to be licensed as a Rehabilitation Centre under the Children’s Community Residences, Foster Care and Nurseries Act and subject to subsection (3), the provisions of that Act shall apply.

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(3) The following provisions shall not apply to a

Rehabilitation Centre designated under subsection (1):

(a) sections 11(1) and (3); 11A; 12 to 17, 19(1), 20,

24 and 26 of the

C h i l d r e n ’ s

C o m m u n i t y R e s i d e n c e s ,

Foster Care and Nurseries Act; and

(b) Part II and

regulation 22 of

the Children’s C o m m u n i t y R e s i d e n c e s

R e g u l a t i o n s ,

2014.

(4) The Comm-

issioner of Prisons shall be deemed to be the manager or licensee of a

Rehabilitation Centre.

(5) The expense attendant upon the designation, conduct and maintenance of a Rehabilitation Centre shall be a charge on the Consolidated Fund.

(6) The Minister may, by Order, on the recommendation of the

Authority, revoke an Order made under

subsection (1).”;

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Centres

(f) by repealing section 3 and substituting the following sections:

“Management 3. (1) A Rehabilitation

and control of Centre shall be under the Rehabilitation

management and control of the Commissioner of Prisons, subject to—

(a) the powers and functions of the Authority under—

(i) t h e C h i l d r e n ’ s A u t h o r i t y Act and in pa rt icu l ar , s e c t i o n s

5(1)(c) and (f), 6 and 22; and

(ii) t h e C h i l d r e n ’ s Community Resid ences, Foster Care a n d N u r s e r i e s Act and in pa rt icu l ar , sections 9(1), 23 and 27(1); and

(b) the standards for C o m m u n i t y R e s i d e n c e s

prescribed in the C h i l d r e n ’ s C

o m m u n i t y R e s i d e n c e s

Regulations, 2014, including those applicable to R e h a b i l i t a t i o n Centres.

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(2) There shall be an

Advisory Board to be

known as the Child

Advisory Board (here-

inafter referred to as “the

Board”) which shall advise

the Commissioner of

Prisons with respect to the

management and control of

the Rehabilitation Centre.

(3) The Board shall

comprise a Chairman, a

Superintendent appointed

under subsection (4) and

five a n d f o u r other

members including an

appropriately qualified—

(a) youth development

specialist;

(b) Attorn ey-at - law

with not less than

seven years’

experience in the

area of family law

or children law;

(c) social worker with

at least five years’

experience in

matters relating to

children; and

(d) psychologist with

expertise in child

behaviour and

a d o l e s c e n t

behaviour,

appointed by the Minister

and who shall hold office

for three years or for a

lesser period as determined

by the Minister.

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Functions of

the Board

(4) There shall be appointed at each Rehabilitation Centre a Superintendent who shall be responsible for the day to day administration of the Rehabilitation Centre.

(4) There shall be appointed at each Rehabilitation Centre, a Superintendent, who shall be under the direction of the Commissioner of Prisons, and who shall be –

(i) responsible for the day to day administration of the Rehabilitation Centre;

(j) in immediate charge of each Rehabilitation Centre and of the staff appointed to the Rehabilitation Centre;

(k) responsible for the proper management of the Rehabilitation Centre; and

(l) responsible for the

maintenance of good order and discipline of the staff and children therein.”

(5) The Superintendent, referred to in subsection (4), shall be assisted by an Assistant Superintendent.”

(5) (6) The Chief Welfare Officer shall ex officio be a non-voting member of the Board.

3A. Subject to subsection (5), the Board shall advise the Commissioner of Prisons with respect to—

(a) strategies for rehabilitation and the reduction of recidivism of child residents;

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(b) training programmes for officers and residents of R e h a b i l i t a t i o n Centres;

(c) the fitness for discharge of any resident of a R e h a b i l i t a t i o n Centre;

(d) the making of applications to the Court for permis- sion for a resident over the age of sixteen years to engage in on-the- job training outside of the R eha b i l i t a t i o n Centre; and

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Duty of

(e) other matters relating to the m a n a g e m e n t , maintenance or operations of the R e h a b i l i t a t i o n Centres.

3B. The Commissioner of

Commissioner Prisons shall beof Prisons

responsible for ensuring that each resident of a Rehabilitation Centre is adequately clothed, fed, and educated, and is encouraged to engage in appropriate character building and personal development activities.”;

(g) by repealing section 5 and substituting the following section:

“Regulations 5. The Minister may,

after consultation with the Commissioner of Prisons and the Authority, make Regulations for—

(a) the security, management and security operations of Rehabilitation Centres;

(b) the establishment

of a system of

marks and of

rewards for good

conduct;

(c) the awarding of

gratuities on

discharge; and

(d) carrying this Act

into effect.;

(d) anything

necessary for

giving effect to the

provisions of this

Act.

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(h) in section 7—

(i) by repealing subsections (1) and (2) and substituting the

following subsections:

“ (1) Where a child is

convicted before the High

Court on indictment of

any offence or before a

Court of Summary

Jurisdiction of any

offence to which a

custodial sentence may

apply, the Court may

commit such a child to a

Rehabilitation Centre

appropriate to his age,

in accordance with

sections 59(1)(e) and (3); 60(2)(b)(i), (3) and (5); 64(1) and 76 of the

Children Act, 2012.

(2) Where a child

charged, who is between

the ages of ten years and

eighteen years, and who

is not released on bail,

appears before the Court

and the matter is being

adjourned or trial is

pending, the Court may

commit the child to a

Rehabilitation Centre

appropriate to his age, in

accordance with section 54(1)(a) of the Children

Act, 2012.

(ii) in subsection (4)—

(A) by deleting the word

“person” wherever it

occurs and substituting

the word “child”;

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(B) by deleting the words

“sentence of detention”

wherever they occur

and substituting the

words “custodial

sentence”; and

(C) by deleting the words

“prison or to such other

safe custody” and

substituting the words

“a Rehabilitation

Centre”;

(iii) by inserting after subsection

(4), the following new

subsections:

“ (4A) Where a child

charged is in custody

pending trial or pending

sentence, he shall not be

housed with child offenders

who are serving custodial

sentences.

(4B) Notwithstanding

subsection (4A), the

children charged and child

offenders serving custodial

sentences may be housed in

the same Rehabilitation

Centre but they shall be

separated.”; and

(iv) in subsection (5), by deleting

the word “person” wherever it

occurs and substituting the

word “child”;

(i) by repealing sections 8, 11, 14 and 15;

(j) in sections 9 and 10, by deleting the

word “person” wherever it occurs

and substituting the word “child”;

and

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(k) by repealing section 12 and

substituting the following new

section:

“Application

for

non-custodial

sentences

under Act

No. 12 of

2012

12. (1) The Commis-

sioner of Prisons may,

after six months from

the commencement of

the term of detention of

a child offender, make

an application to the

Children Court for any

of the non-custodial

sentences available

under section 59(2) and

section 60(2) of the

Children Act, 2012.

(2) An application

made pursuant to

subsection (1) shall be

served on the Authority.

(3) The Court may

hear and take into

consideration sub-

missions on behalf of the

Authority, with respect

to the appropriate

non-custodial sentence.”.

10. Police Service Act, Chap. 15:01

The Police Service Act is amended by

inserting after section 50L the following new

sections:

“Use and disclosure of measurements, photographs, etc.

50M. All measurements, photo-

graphs, and fingerprint

impressions taken and recorded

for the purpose of identification

under this Act or any other

written law shall be used or

disclosed only for purposes—

(a) related to the prevention

or detection of crime;

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(b) the investigation of offences; or

(c) the conduct of prosecutions by, or on behalf of police or other law enforcement and prosecuting authorities.

Sharing or

disclosing

measure-

ments,

photographs,

or fingerprint

impressions

50N. A person who negligently or wilfully—

(a) shares measurements, photographs or fingerprint impressions, taken and recorded under this Act or any other written law, with another person; or

(b) discloses measurements, photographs or fingerprint impressions, taken and recorded under this Act or any other written law, to another person,

without authorisation, commits an offence and is liable on summary conviction to a fine of fifteen thousand dollars and two years imprisonment to imprisonment for two years”.

11. Matr imonia l P r o c e e d i n g s and Property Act, Chap. 45:51

12. Adoption of

Children Act,

2000

The Matrimonial Proceedings and Property Act is amended in section 37, by deleting the words “or 28” and substituting the words “, 28 or 30”.

The Adoption of Children Act is amended—

(a) in section 2, by inserting in the

appropriate alphabetical sequence, the following definition:

“ “the Authority” means the Children’s Authority established under section 4 of the Children’s Authority Act;”;

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(b) in section 15—

(i) in subsection (2), by inserting after the word “residence” the words “or with a prospective adopter or adopters approved by the Authority and assessed by the Authority as a match with a child”; and

(ii) by inserting after subsection (5), the following new subsections:

“ (5A) Where—

(a) a pregnant woman has made an application to the Authority to place her child for adoption when the child is born; or

(b) a mother who has given birth within the previous six weeks makes an application to the Authority to place her child for adoption,

the Authority may receive that child into its care.

(5B) Where the Authority receives the child referred to in subsection (5A) into its care within six weeks of the birth of the child, the Authority may place the child—

(a) with a foster parent;

(b) in a Community Residence; or

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(c) with a prospective adopter who has been assessed by the Authority as a good match with the child and approved by the Authority.

(5C) An application made in the circumstances described in subsection (5A) shall not constitute a consent to adoption by the mother, which consent may only be given in accordance with subsection (5)”.;

(c) in section 18—

(i) in subsection (1)—

(A) by deleting the words “any person” and substituting the words “the Authority for the adoption of a child by any person,”;

(B) by deleting the word “court” and substituting the word “Court”;

(C) by deleting the words “the applicant” and substituting the words “that person”; and

(D) by deleting the word “a” the final time it appears and substituting the word “the”; and


(A) by inserting after the word “by” the words “the Authority in respect of”; and

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(B) by deleting the word “court” and substituting the word “Court”;

(d) in section 35(1)—

(i) by deleting the word “possession” and substituting the word “control”; and

(ii) by deleting all the words after the word “unless” and substituting the words “an order has been made in respect of that child under section 36.”;

(e) in section 36—

(i) in subsection (2)—

(A) in paragraph (a), by deleting the word “and”;

(B) in paragraph (b), by deleting the full-stop after the word “child” and substituting the words “; and”; and

(C) by inserting after paragraph (b), the following paragraph:

“(c) notifies the A u t h o r i t y before a transfer order is granted.”; and

(ii) by repealing subsection (4).

13. Status of

Children Act,

Chap. 46:07

The Status of Children Act is amended—

(a) in section 2(1), in the definition of “Minister”, by deleting all the words after the word “for” and substituting the words “the registration of births and deaths is assigned”;

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(b) in section 2(2)—

(i) by deleting the definitions of “blood samples”, “blood tests” and “tester”;

(ii) by inserting in the appropriate alphabetical sequence, the following definitions:

“ “DNA” means deoxyribonucleic acid;

“DNA analysis” means the analysis of genetic material performed by a tester;

“non-invasive tissue sample” means—

(a) a sample of hair plucked with the root, other than pubic hair;

(b) a sample taken from or under a fingernail or toe- nail;

(c) a swab taken from any part of a person’s buccal cavity or any part of his body other than any part of his genitalia, anus or rectum;

(d) a skin impres- sion taken without breaking the skin;

“qualified person” means a person designated by the Registrar and Marshal of the Supreme Court under section 14;

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“tissue sample” includes a sample of blood, saliva, hair or epithelial cells;

“tester” means a labora- tory listed in the Schedule;”;

(c) by deleting the heading “BLOOD TESTS” occurring after section 12 and substituting the heading “DNA ANALYSIS”;

(d) in section 13—

(i) by repealing subsections (1), (2) and (3), and substituting the following new subsections:

(1) Where, in

“Power of

Court to

any civil proceedings, the question

require DNA of whether aanalysis

person is the parent or sibling of another person ( h e r e i n a f t e r referred to as “the subject”) falls to be determined, the Court may give directions for—

(a) the use of D N A analysis, to a s c e r t a i n whether or not the a n a l y s i s shows that a party to the proceedings is the parent or sibling of the subject; and

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(b) the taking of a

n on- in vas ive

tissue sample from—

(i) t h e

s u b j e c t ;

and

(ii) a n y

p e r s o n

alleged to

be the parent or

sibling of

t h e

s u b j e c t ,

within a

p e r i o d

specified

in the

direction,

and the Court may, at any

time, revoke

or vary a

d i r e c t i o n

p r e v i o u s l y

given by it

under this

section.

(2) The Court

shall, in giving

directions for the

taking of the non-

invasive tissue

sample, assign to

each person from

whom a non-

invasive tissue

sample is being

taken, an

identifying number

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which shall be used

by the tester with

the name of the

person whom that

number identifies

being known only by

the Registrar.

(3) A tester per-

forming an analysis

referred to in sub-

section (1) shall

submit to the Court

which gave the

direction for the

analysis, a report

which shall include—

(a) the results of

the analysis

by reference

to the

i d e n t i f y i n g

n u m b e r s

attached to

each non-

i n v a s i v e

tissue sample;

and

(b) a statement of

the findings

from the

analysis, with

respect to the

relationship,

if any between

the parties

from whom the

n on- in vas ive

t i s s u e

samples were

taken.

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(3A) A report

submitted under

subsection (3), shall

be received by any

Court as evidence of

the matters stated

therein.”;


(a) by deleting the words

“tests taken” and


“DNA analysis”; and

(b) by deleting the words

“those tests” and


“the analysis”;

(iii) by repealing subsection (6)

and substituting the following

new subsection:

“ (6) Where a direction is

given under this section,

the Court may order that

the cost of taking and

analysing non-invasive

tissue sample, for the

purpose of giving effect to

the direction, shall be

borne in whole or in part

by—

(a) any party to the

proceedings;

(b) any other person as the

Court thinks fit; or

(c) the Court,

and may make such other order as it

thinks fit.”;

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(e) by inserting after subsection (6) the

following new subsection:

“Court to give

directions as

to identifica-

tion

(6A) In relation to any

party to proceedings

under this section, the

Court shall give

directions with respect

to—

(a) the nature of

identification to be

provided to the

person taking a

n o n - i n v a s i v e

tissue sample;

(b) the time and place

for giving of the

n o n - i n v a s i v e

tissue sample;

(c) the persons in

whose presence

the non-invasive

tissue sample shall

be given; and

(d) any other direction

as the Court sees

fit.”;

(f) by inserting after section 13 the

following new section:

“Use of DNA

analysis

services of

parties’ own

choice

13A. Nothing in this

Act shall be construed

as preventing parties

interested in the

determination of

parental relationship

from consenting to the

use of DNA analysis

using services of their

choice unless the Court

directs otherwise.”;

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(g) by repealing section 14 and


section:

“Designation

of qualified

persons

14. The Registrar and

Marshal of the Supreme

Court may designate a

qualified person to take

non-invasive tissue

samples in respect of

which DNA analysis is

required.”;

(h) in section 15, by repealing

subsections (2) and (3);

(i) by inserting after section 15 the

following new sections:

“Personating

a qualified

person

DNA analysis

between

consenting

parties

15A. Any person who

impersonates a qualified

person, commits an

offence and is liable—

(a) on summary

conviction, to a fine

of fifty thousand

dollars and to

imprisonment for

two years; or

(b) on conviction on

indictment, to

imprisonment for

three years.

15B. A person who

wilfully and without

authorisation—

(a) tampers with or

destroys a tissue

sample or the

container or

package containing

a tissue sample;

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(b) falsifies informa-

tion required under

this Act;

(c) falsifies results of a

DNA test; or

(d) gains or gives

access to a tissue

sample,

commits an offence and

is liable on summary

conviction to a fine of

one hundred thousand

dollars and to imprison-

ment for seven years.”;

(j) in section 16—

(i) in the chapeau, by—

(A) deleting the word

“blood” and sub-

stituting the words

“non-invasive tissue”;

(B) deleting the words “a

test” and substituting

the words “DNA

analysis”;

(ii) by deleting paragraphs (a) and

(b) and substituting the

following new paragraphs:

“(a) on summary

conviction, to a fine of

fifty thousand dollars

and to imprisonment

for three years; or

(b) on conviction on

indictment, to

imprisonment for five

years.”; and

(iii) by repealing subsection (2);

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(k) by repealing section 17 and


sections:

“Tissue

samples

from

deceased

17 (1) For the

purposes of this Act, a

tissue sample may be

taken from a deceased

person on the direction of

the Court.

(2) A tissue sample

referred to in subsection

(1) may be taken from

any part of the body or

from blood or bodily fluid

of the deceased person.

(3) Where a sample

has been taken from a

person prior to death, the

Court may direct that

tissue samples having

been obtained during any

medical procedures may

be used for DNA testing

subsequent to death.

(4) A tissue sample may be accepted into evidence provided that it can be proved to the satisfaction of the Court that—

(a) the tissue sample can be identified as having been taken from the person who is the subject of the proceedings; and

(b) the sample has not been contaminated.”;

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(l) by inserting after section 18 the


“Minister to

amend the

Schedule

Rules

Committee

to make

rules

Chap. 4:01

18A. The Minister

may, by Order, amend

the Schedule.

18B. (1) The Rules

Committee may make

rules–

(a) with respect to any

direction given by

the Court pursuant

to section 13; and

(b) to regulate the

taking, identifica-

tion and transport

of tissue samples

referred to in

section 17.

(2) In this

section, “the Rules

Committee” means the

Rules Committee of

the Supreme Court

established under

section 77 of the Supreme

Court Act.”; and

(m) by inserting after section 18B the

following Schedule:

“LIST OF APPROVED LABS

(Sections 2 and 18A)

1. Occupational Health Solutions Ltd., of

24, Gaston Street, Lange Park,

Chaguanas, telephone 672–2444.”.

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14. The Family

P ro ceed ings

Act,

Chap. 46:09

The Family Proceedings Act is amended—

(a) in the long title, by inserting after the

word “Proceedings” the words “and

Children Proceedings”;

(b) in section 1, by inserting after the

word “Proceedings” the words “and

Children Proceedings”;

(c) in section 2, by inserting after the

word “proceedings” the words “and

children proceedings”;

(d) in section 3—

(i) by deleting all the words after the word “Act” and

substituting a dash; and

(ii) by inserting the following

definitions:

“ “Authority” has the

meaning assigned to it

under section 3 of the

Children’s Authority Act;

“children proceedings”

includes any proceedings

in relation to children

matters as defined under

section 3 of the Family

and Children Division

Act, 2016 and other

matters falling within

the jurisdiction of the

Family and Children

Division of the High

Court of Trinidad and

Tobago;

“family proceedings” include any proceedings in relation to family matters as defined under section 3 of the Family and Children Division

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Act, 2016 and other matters falling within the jurisdiction of the Family and Children Division of the High Court of Trinidad and Tobago;”;

(e) in section 4(1)—

(i) in the chapeau, by inserting after the word “proceedings” the words “or children proceedings”; and

(ii) in paragraph (b), by deleting the word “Government” and substituting the words “State or the Authority”;

(f) in section 5, by inserting after the word “proceedings” wherever it occurs, the words “or children proceedings;”;

(g) in section (7)—

(i) by deleting the number “(1)”; and

(ii) by inserting after the word “proceedings” the words “or children proceedings”; and

(h) by repealing section 9 and the Schedule.”.

15. C h i l d r e n ’ s

Authority Act,

Chap. 46:10

The Children’s Authority Act is amended—

(a) in section 3—

(i) by deleting the definition of “Community Residence” and substituting the following definition:

“ “Community Residence” has the meaning assigned to it under section 2 of the Children’s Community Residences, Foster Care and Nurseries Act;

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(ii) in the definition of “Children’s

Home”, by deleting the word

“by” and substituting the

words “under section 2 of”;

(iii) by deleting the definition of

“Rehabilitation Centre” and

substituting the following

definition:

“ “Rehabilitation Centre” has

the meaning assigned to it

under section 2 of the

Children’s Community

Residences, Foster Care

and Nurseries Act;”; and

(iv) by deleting the definition of

“youthful offender”;

(b) in section 5(1)—

(i) in paragraph (g), by deleting

the words “Community

Residences” and substituting

the words “Children’s Homes”;

(ii) by inserting after paragraph

(g), the following new

paragraph:

“(ga) issue, suspend and

revoke temporary

and conditional

licences of

C o m m u n i t y

Residences and

nurseries as

provided under the

C h i l d r e n ’ s

C o m m u n i t y

Residences, Foster

Care and Nurseries

Act, 2000;”;

(c) in section 25(g), by deleting the

words “under the Children Act”;

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(d) in section 25G, by deleting the words “under the Children Act”; and

(e) in section 34—

(i) by repealing subsection (1); and

(ii) in subsection (2), by deleting the word “section” and substituting the word “Act”.

16. C h i l d r e n ’ s

C o m m u n i t y

R es i d enc es ,

Foster Care

and Nurseries

Act No. 65 of

2000

The Children’s Community Residences, Foster Care and Nurseries Act is amended—

(a) in section 2—

(i) by deleting the definition of “Children’s Home” and substituting the following new definition:

““Children’s Home” means a Community Residence for the care and nurturing of children;”;

(ii) by inserting in the appropriate alphabetical sequence the following definition:

“ “child offender” has the meaning assigned to it under section 1A of the Child Rehabilitation Centre Act, 2016;”;

(iii) by deleting the definition of “rehabilitation centre” and substituting the following definition:

“ “Rehabilitation Centre” means a Community Residence for the rehabilitation of—

(a) child offenders who—

(i) have been convicted and committed to serve a c u s t o d i a l sentence; or

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(ii) are remanded in custody p e n d i n g sentence; or

(b) children who have been charged with an offence and are in custody pending a hearing.”;

(iv) in the definition of “relative”, by deleting the word “and”;

(v) in the definition of “residence licence”, by deleting the full-stop and substituting the words “; and”;

(vi) by inserting after the definition of “residence licence” the following definition:

“ “standards for Community Residences” means the standards that are set by the Authority for Community Residences including the Children’s Community Residences Regulations, 2014;”;

(b) in section 4, by inserting after subsection (2) the following new subsection:

“ ( 3 ) N o t w i t h s t a n d i n g subsections (1) and (2), the Authority may extend the time for applying for a licence or meeting compliance requirements or recommendations, either on its own motion or on an application in writing to the Authority, of the person wishing to obtain a licence for defined premises, and stating reasons for so requesting an extension.”;

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(c) in section 5(3), by inserting after the

words “be prescribed” the words “by

the standards for Community

Residences”;

(d) in section 8(2A), by inserting after

the word “shall” the words “unless

revoked by the Authority”;

(e) by inserting after section 8, the


“Temporary

licence

Conditional

licence

8A. (1) Notwithstanding

section 8, where the

Authority has been

informed by the applicant

that the facilities to be

used will not continue as

a Community Residence

for a period in excess of

three years, it may grant

a temporary licence.

(2) Where the Authority grants a temporary licence under subsection (1), it may extend such a licence.

8B. (1) Where the

Authority has brought to

the attention of the

applicant for a residence

licence, that all the

requirements for the

issuance of a residence

licence have not been

met, it may nevertheless,

issue a conditional

licence, specifying the

conditions which it

requires the applicant to

meet.

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(2) The conditional

licence referred to in

subsection (1) may also

indicate the time frames

for compliance in order

for a licence to be issued.”;

(f) in section 11, by inserting after

subsection (3) the following new

subsection subsections:

“ (4) Where, pursuant to

subsection (2), a notice is served

by the Authority on the manager

of a Rehabilitation Centre

designated under section 2 of the

Child Rehabilitation Centre Act,

and the corrective measures are

not taken, the Authority shall

submit a report on the matter to

the Minister with responsibility

for national security, who shall

lay the report in Parliament

within one month of receiving

such a report.”;

(5) When the Authority serves

the notice on the manager and

submits the report to the

Minister, pursuant to subsection

(4), it shall cause to be sent to the

Minister to whom responsibility

for national security has been

assigned, a copy of the notice

and the report.”;

(g) in section 21(2), by inserting after the

words “the Authority”, the words “in

accordance with the standards for

Community Residences”;

(h) in section 27—

(i) in subsection (1), by inserting

after the word “any” the words

“privately owned or occupied”;

and

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(ii) in the marginal note, by

inserting after the word

“inspection” the words “of

privately owned or occupied

Community Residences”;

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(i) (h) by inserting after section 27

the following new section:

“Power of

entry and

inspection

of State

owned

27A. (1) The Authority may authorise one of its officers at any time to enter any Community

Community Residence owned or Residences

occupied by the State to inspect the premises and the children so received

therein, the arrange- ments for their welfare,

and any records relating to them kept in pursuance of this Part.

(2) Any person

who obstructs an officer authorised to make such entry in the exercise of

his powers under the Act commits an offence and

is liable on summary conviction to a fine of five

thousand dollars.”;

(j)(l) in section 52, by inserting after subsection (2) the following subsection:

“ (3) Any person who obstructs an officer authorised to make such entry in the exercise of his powers under the Act commits an offence and is liable on summary conviction to a fine of five thousand dollars.”;

(k) (i) in section 41—

(i) by repealing section 41(a);

(ii) in paragraph (b), by deleting

the words “Children Act” and substituting the words “Children Act, 2012”; and

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(iii) in paragraph (c), by deleting the words “Children Act” wherever they occur and substituting the words “Children Act, 2012”;

(l) (j) by inserting after section 41 the following new section:

“Authority

may place a

child with a

relative

41A. Nothing in this Part prohibits the Authority from placing a

other than a child with a relative otherparent as a than a parent as a fosterfoster parent

parent, if it is of the view that it is in the best interest of the child.”; and

(m)(k) in section 44, by inserting after subsection (3), the following subsections:

“ (4) A Nursery licence issued under subsection (3) shall be valid for three years.

( 5 ) N o t w i t h s t a n d i n g subsection (4), when an application is made for the renewal of a Nursery licence, the existing licence shall, unless revoked by the Authority, remain valid until the determination of the licence by the Authority.”.

17. Children Act

No. 12 of 2012

The Children Act, 2012 is amended—

(a) in section 3—

(i) in the definition of “penetration of a child” by inserting in the closing words of the definition before the words “and penetrates”, the words “but does not include mouth to mouth kissing which involves penetration with the tongue”;

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(ii) by inserting in the appropriate

alphabetical sequence the

following new definitions:

“ “child charged” has the


under section 1A of the

Child Rehabilitation

Centre Act;

“Children Court” means the

Children Court

Subdivision of the

Family and Children


Court established under

section 4(1) of the Family


Act, 2016;

“child offender” has the


under section 1A of the

Child Rehabilitation

Centre Act;

“Family and Children


Court” means the

Family and Children


Court established under

section 4 of the Family


Act, 2016;

(b) by deleting the word “Juvenile”

wherever it occurs and substituting

the word “Children”;

(c) in section 20(1) in the chapeau, by

deleting the words “section 18” and

substituting the words “section 18 or

19”;

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(d) in section 46, by deleting the words

“the Court with Jurisdiction in

family matters” and the words “a

Court with jurisdiction in family

matters” wherever they occur and

substituting the words “the Family

and Children Division of the High

Court”;

(e) in section 50(9), by deleting the words

“a Court with jurisdiction in family

matters” and substituting the words

“the Family and Children Division of

the High Court”;

(f) by renumbering section 51 as

section 51(1);

(g) in section 51(1)(c), as renumbered, by

deleting the word “if” and

substituting the word “unless”;

(h) by inserting after section 51(1) the

following subsections:

“ (2) Where a child has been

charged under subsection (1), the

officer in charge of the police

station shall give a unique

identifier to the—

(a) case; and

(b) child,

identifying the case and child,

respectively.

(3) The officer in charge of

the police station shall maintain,

in soft and hardcopy, a record of

the unique identifier assigned to

each case and to each child.

(4) The format of unique

identifiers given to children and

to cases shall be determined by

the Commissioner of Police.”;

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(i) by inserting after section 51, the following new sections:

“Officer in

charge to

inform the

Legal Aid

and Advice

Authority

when child

apprehended

Chap. 7:07

Interviewing

of children

by a police

officer

through an

intermediary

51A. Where a child is apprehended under section 51, the officer in charge of the police station shall forthwith inform the Legal Aid and Advice Authority in accordance with section 15B of the Legal Aid and Advice Act.

51B. (1) Whenever a police officer is interviewing a child suspect, the following persons shall be present:

(a) the parent, guardian or person with responsibility for the child; and

(b) Duty Counsel or a private attorney for the child.

(2) Whenever a police officer is interviewing a child who is a suspect, victim, witness or otherwise, and it appears to the police officer that the child’s ability to follow the interview or to communicate should be facilitated through an intermediary, the police officer may make an application to the Authority to appoint a competent and qualified person to act as an intermediary.

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(3) Notwithstanding subsection (2), any of the following persons may request that the police make an application to the Children’s Authority to appoint a competent and qualified person to act as an intermediary:

(a) the parent, guardian or person with responsibility for the child; and

(b) Duty Counsel or a private attorney for the child.

(4) On receipt of an application from the police officer under subsection (2) or (3), the Authority may, if it is of the view that such appointment is desirable, appoint an intermediary.

(5) The functions of the intermediary under this section are—

(a) to communicate—

(i) to the child s u s p e c t ,

q u e s t i o n s put to him; and

(ii) to any p e r s o n asking such ques t i on s , the answers given by the c h i l d suspect in reply to them; and

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(b) to advise the police officer who is conducting the interview as to—

(i) the most appropriate way to ask the child questions in order to e l i c i t a c c u r a t e and clear respon ses ; and

(ii) the meaning of a child’s r e s p o n s e h a v i n g regard to the child’s age and stage of d e v e l o p - ment.

(6) A person shall not be eligible to act as an intermediary under this section, unless he makes a declaration before a Justice of the Peace, in the form set out in Schedule 1A.

(7) A child intermediary shall not obstruct the officer in the conduct of an interview.

(8) For the purposes of this section, “child suspect” means a child whom a police officer has reasonable cause to believe has committed a criminal offence.”;

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(j) by repealing section 54, and subtituting the following new section:

“Power of

the Court

where a

child charged

appears

before it

54. (1) Where a child charged, who is not released on bail, appears before the Court, and the matter is being adjourned, or a hearing or trial is pending, the Court may—

(a) remand the child in custody pending the hearing or trial;

(b) grant the child bail on such conditions as may be required; or

(c) release the child into the custody of a parent, guardian, person with responsibility for the child, or fit person.

(2) The Court, in exercising its discretion under subsection (1), may take into account—

(a) the risk assessment report of the child;

(b) where the child is to be remanded in custody under subsection (1), hear submissions from the Authority as to the C o m m u n i t y Residence best suited to the placement of the child;

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(c) where the child is to be

released under sub-

section (1), hear the

submissions and recom-

mendations of the

Authority for the most

suitable placement for the

child; and

(d) any report of the

Children’s Probation

Officer.

(3) In this section, “risk

assessment report” means a

report prepared as a result of the

use of a specialised and approved

risk assessment tool by a

professional trained in the use of

that tool, to determine the risk of

future offending of a child

offender or child charged.”;

(k) by inserting after section 55, the

following new section:

“Child

charged to

apply for

55A. Where a child is

charged with an offence

legal aid and before the Childrenadvice

Court, he may apply to

the Court for legal aid

and advice in accordance

with section 16 or 17 of

the Legal Aid and Advice

Act, as applicable.”;

(l) in section 59(1)(b), by deleting the

words “the Court with jurisdiction in

family matters” and substituting the

words “the Family and Children

Division of the High Court”;

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(m) in section 59(2)—

(i) by deleting the chapeau and


chapeau:

“Where a child is convicted

of an offence, the Court shall

take into account the

provisions of any written law

enabling the Court to deal

with the case and the Court

may—”; and

(ii) in paragraph (j)—

(A) by deleting the word

“referred” and

substituting the

words “refer him”;

and

(B) by deleting the words

“the Court with

jurisdiction in family

matters or the

Juvenile Court” and

substituting the

words “the Family


of the High Court”;

(n) in section 60(2)(b)(ii)—

(i) by deleting the word

“referred” and substituting the

words “refer him”; and

(ii) by deleting the words “the

Court with jurisdiction in

family matters” and

substituting the words “the

Family and Children Division

of the High Court”;

“(n)in section 60(2)(b) – (i) in subparagraph (ii) – (A) by deleting the word “referred” and substituting the words “refer him”; and (B) by deleting the words “the Court with jurisdiction in family matters” and substituting the words “the

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Family and Children Division of the High Court”; and

(ii) in subparagraph (vi), by

deleting the word “or” after

the semicolon and

substituting the word “and””.

(o) in section 60(4), by deleting the words

“and is charged before the Court”;

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(p) by repealing section 61 and substituting the following new section:

“Inability of

parent to

61. (1) Where a parent, guardian or

control child person with responsibility for a child proves to the Children Court that he is unable to control the child and he desires alternative placement for the child, the Court shall order that the child be brought to the attention of the Authority.

(2) Where subsection (1) applies, the child shall be termed “a child in need of supervision.”;

(q) in section 62, by deleting the words “the Court with jurisdiction in family matters” and substituting the words “the Family and Children Division of the High Court”;

(r) in section 64—

(i) in subsection (1), by inserting after the word “years” the second time it occurs, the words “or for such lesser period as the Court determines”; and

(ii) in subsection (2), by inserting after the word “years” the words “or for such lesser period as the Court determines”;

“(ra) in section 82(1), insert after the word “offender” the words “or child charged”;”

(s) in section 83—

(i) by deleting all the words after the words “conviction” and substituting a dash;

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(ii) by deleting paragraphs (a) and (b) and substituting the following paragraphs:

“(a) to be sent back to the C o m m u n i t y Residence from which he had escaped and to have the period of his placement increased by such period, not exceeding six months, as the Magistrate directs;

(b) where the escape is from a Community Residence that was not a Rehabilitation Centre and the child offender—

(i) is twelve years of age or over, to be placed at a Rehabilitation Centre; or

(ii) is sixteen years of age or over, to be placed at a Rehabilitation Centre for a period of t h r e e months.”;


“83. (1) Where a child offender or child charged who is placed at a Community Residence escapes from the Community Residence, he may, at any time before the expiration of his period of placement, be apprehended without a warrant and brought back before the Court, and shall be liable on summary conviction to any of the sanctions and measures referred to in subsection (3).

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(2) Before the Court proceeds to make a determination with respect to the offence for which the child charged or child offender has been charged or convicted, respectively, it shall – (a) cause an investigation to be conducted into the circumstances surrounding the escape, and order that a report of the findings of the investigation be submitted to the Court; (b) order that the manager of the Community Residence files with the Court, a report on the circumstances of the escape; and (c) hear submissions from or on behalf of the child. (3) Upon consideration of the reports and submissions referred to in subsection (2), in making a determination with respect to the child offender or child charged, the Court may-

(o) where there is no finding of guilt, dismiss the charge of escaping;

(p) order that the child return to the Community Residence from which he escaped;

(q) order that the child be sent to a different Community Residence;

(r) where the child has been convicted, increase the period of placement by a period not exceeding six months;

(s) make an order for counselling, any other rehabilitative intervention or

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treatment, or for psychological evaluation and the resultant assistance;

(t) order that the child be deemed in need of care and protection and refer him to the Authority, who shall review the care plan for the child; and

(u) make any other order as the Court deems fit.

(4) The Court shall cause

copies of the reports prepared pursuant to subsection (2), to be sent to the Authority.

(5) For the purposes of this section, “care plan” means a plan which is based on the assessed needs of a child and addresses the rehabilitative, social, emotional and therapeutic psycho-social needs of the child.”;”.

(t) in section 88—

(i) in subsection (2), by

deleting the words “Parts I and II” and substituting the words “Part I”;

(i)(ii) by repealing subsection (5) and substituting the following subsection:

“ (5) In any Court proceedings, the Court may request that the Solicitor General assign a Children’s Attorney to

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represent and safeguard the interest and voice of a child so that the child’s right to be heard is preserved.”; and

(ii) (iii) by repealing subsection (6) and substituting the following new subsections:

“ (6) A Children’s Attorney shall not act as the private attorney for the child, defence counsel nor Duty Counsel.

(7) The assignment of a Children’s Attorney does not preclude provision of legal representation for a child either privately or under the Legal Aid and Advice Act, as the case may be.

(8) Where a Children’s Attorney has been assigned under this Act and legal representation, either privately or under the Legal Aid and Advice Act, has been retained or provided, respectively, both the Children’s Attorney and the legal representative may be present at any proceedings in relation to a child.”;

(u) in section 98—

(a) by inserting after subsection (6) the following new subsection:

“ (6A) A child ten years of age and over shall give sworn evidence in criminal proceedings.”; and

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(b) by repealing subsection (7) and substituting the following subsection:

“ (7) A child ten years of age and over, whose evidence is received under subsection (6A) and who wilfully gives false evidence on oath commits an offence and is liable on summary conviction to such punishment as may be imposed had he been charged with perjury and the case dealt with summarily under section 99 of the Summary Courts Act.”;

(v) by inserting after section 117, the following new section:

“Rules 117A. The Rules Committee established by under section 77 of the Supreme Court of Judicature Act may, subject to negative resolution of Parliament, make rules for the practice and procedure of all Courts with regard to the operation of this Act.”; and

(w) by inserting after Schedule 1 the following new Schedule:

“SCHEDULE 1A

[Section 51B(3)]

OATH OR AFFIRMATION TO BE TAKEN WHEN

PERSON IS ACTING AS AN INTERMEDIARY FOR

A CHILD BEING INTERVIEWED BY A POLICE

OFFICER

I, AB…. do solemnly *affirm/swear by the ……that I will faithfully, impartially, accurately and to the best of my ability, discharge the duties of intermediary.

*delete whichever is inapplicable”.

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18. I n di c t a b l e

The Indictable Offences (Committal

O f f e n c e s Proceedings) Act is amended in section 19—

( Com m it t al

Proceedings)

Act No. 14 of

2014

(a) in subsection (2)(b), by deleting the word “fourteen” and substituting the word “ten”; and

(b) in subsection (4), by—

(i) deleting the words “section 19 of the Children Act” and substituting the words “section 98 of the Children Act, 2012”; and

(ii) by deleting the word “fourteen” and substituting the word “ten”.

Passed in the House of Representatives this day

of , 2016.

Clerk of the House

I confirm the above.

Speaker

Passed in the Senate this day of , 2016.

Clerk of the Senate

I confirm the above.

President of the Senate

No. 3 of 2016

FIRST SESSION ELEVENTH PARLIAMENT

REPUBLIC OF

TRINIDAD AND TOBAGO

BILL


Received and read the

First time

..............................................

Second time

..........................................

Third time

.............................................

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