Welfare of Children Ordinance, 2008 - St Helena

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12 Welfare of Children LAWS OF ST. HELENA 5. Every child shall be entitled to parental responsibility as provided in this Ordinance. Child’s right to be maintained 6. (1) It shall be the duty of a parent, guardian or any person with custody of a child to maintain that child, and in particular that duty gives a child the right to— (a) education; (b) immunization; (c) balanced diet; (d) clothing; (e) shelter; and (f) medical attention. (2) A person‘s duty to maintain a child under subsection (1) shall cease where that child is 16 years or older and is either in full-time employment or married. Child’s right to protection 7. It shall be the duty of a parent, guardian or any person with custody of a child to use his best efforts to protect the child from discrimination, violence, abuse and neglect, and the child shall be entitled to the exercise of that duty. Assistance for disabled children 8. (1) The parents or guardians of, or other persons having parental responsibility for, disabled children shall take appropriate steps to see that those children are— (a) assessed as early as possible as to the extent and nature of their disabilities; and (b) offered appropriate treatment. (2) The Government shall, subject to available resources, take appropriate steps to encourage and ensure— (a) that disabled children are afforded equal opportunities to education; (b) the extension to disabled children and their parents, guardians or other persons having parental responsibility or caring for them, of assistance for which application is made and which is appropriate to their condition and to the circumstances of their parents, guardians or other persons having parental responsibility or caring for them; (c) that the assistance referred to in paragraph (b) shall be provided free of charge, whenever possible, taking into account the financial resources of the parents or guardians of, or of other persons having parental responsibility or caring for, disabled children; and (d) that the assistance referred to in paragraph (b) shall be designed to ensure that disabled children have effective access to and receive education, training, health care services, rehabilitation services, preparation for employment and recreation opportunities in a manner conducive to their achieving the fullest possible social integration and individual development. (3) The Governor in Council may make regulations with respect to— (a) the making of applications for assistance; (b) the granting and refusal of assistance; (c) the conditions subject to which assistance may be granted; or (d) such other matters as may be necessary or expedient for the purpose of giving This e-version of the text is not authoritative for use in court.
LAWS OF ST. HELENA Welfare of Children 13 effect to the provisions of this section. PART III PARENTAL RESPONSIBILITY AND GUARDIANSHIP Meaning of “parental responsibility” Division 1 Parental responsibility 9. (1) In this Ordinance, and in any enactment passed or made after the commencement date of this Ordinance, ―parental responsibility‖, in relation to a child,— (a) means all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property; and (b) includes the rights, powers and duties which a guardian of the child's estate appointed to act generally would have had in relation to the child and his property, including in particular the right to receive or recover in his own name as trustee, for the benefit of the child, property of whatever description and wherever situated which the child is entitled to receive or recover. (2) The fact that a person has, or does not have, parental responsibility for a child shall not affect— (a) any obligation which he may have in relation to the child (such as a statutory duty to maintain the child); or (b) any rights which, in the event of the child's death, he (or any other person) may have in relation to the child's property. (3) The fact that a person has parental responsibility for a child does not entitle him to act in any way that would be incompatible with an order made with respect to the child under this Ordinance or any other enactment. Parental responsibility: general provisions 10. (1) More than one person may have parental responsibility for a child at the same time. (2) A person who has parental responsibility for a child at any time does not cease to have that responsibility solely because some other person subsequently acquires parental responsibility for the child. (3) Where more than one person has parental responsibility for a child, each of them may act alone and without the other (or others) in meeting that responsibility; but nothing in this Part shall be taken as affecting the operation of any enactment requiring the consent of more than one person in a matter affecting the child. (4) A person who has parental responsibility for a child shall not surrender or transfer any part of that responsibility to another, but may arrange for some or all of it to be met by one or more persons acting on his behalf (who may be a person who already has parental responsibility for the child). (5) The making of any such arrangement does not affect any liability of the person making it that may arise from any failure to meet any part of his parental responsibility for the child. (6) Where the parents of a child are deceased, parental responsibility may, on application to the court, and on the recommendation of a social services officer, be passed on to relatives of either parent or to any person designated by the Court. This e-version of the text is not authoritative for use in court.
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Welfare of Children Ordinance, 2008 - St Helena

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