Welfare of Children Ordinance, 2008 - St Helena

26 Welfare of Children
LAWS OF
ST. HELENA
31. (1) For the purposes of this Ordinance the Department is looking after a child
where—
(a) he is in the care of the Department; or
(b) the Department provides accommodation (other than accommodation in a hospital)
for him under this Ordinance or any other enactment for a continuous period of
more than 24 hours.
(2) Without prejudice to its duty to provide accommodation under section 32(1), where
the Department is looking after a child it shall—
(a) safeguard and promote his welfare;
(b) maintain him (apart from providing accommodation for him);
(c) advise, assist and befriend him with a view to promoting his welfare after he ceases
to be looked after by the Department; and
(d) make use of such services available for children cared for by their own parents as
appear to the Department reasonable in his case.
(3) Where the Department is looking after or proposing to look after a child, it shall—
(a) before making any decision with respect to him, so far as reasonably practicable,
ascertain the wishes and feelings regarding the matter to be decided of—
(i) the child;
(ii) his parents;
(iii) any other individual who has parental responsibility for him; and
(iv) any other person whose wishes and feelings the Department considers to be
relevant; and
(b) in making any such decision, give due consideration—
(i) (having regard to his age and understanding) to such wishes and feelings of
his as it has been able to ascertain;
(ii) to such wishes and feelings of any person mentioned in paragraph (a)(ii), (iii)
or (iv) as it has been able to ascertain;
(iii) to the child's religious persuasion; and
(iv) to the child‘s cultural background.
(4) The Department may disregard any requirement of subsection (2) or (3) with
respect to any child whom it is looking after, if it is satisfied that it is necessary to do so in
order to protect the public from serious injury.
(5) Schedule 2 makes further provision for children looked after by the Department.
(6) Schedule 3 makes provision in connection with contributions towards the
maintenance of children who are being looked after by the Department.
Provision of accommodation
Division 2
Provision of accommodation for children
32. (1) The Department shall provide accommodation for a child in the following
circumstances—
(a) where he is in the care of the Department;
(b) where he is in need because—
(i) no person has parental responsibility for him;
(ii) he is lost or has been abandoned; or
(iii) a person who has been caring for him is prevented from providing him with
suitable accommodation or care;
(c) where—
This e-version of the text is not authoritative for use in court.