Welfare of Children Ordinance, 2008 - St Helena

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8 Welfare of Children LAWS OF ST. HELENA Contributions towards Maintenance Schedule 4 Supervision Orders Schedule 5 Exclusion Requirements Schedule 6 Amendment of Legislation ______________ WELFARE OF CHILDREN ORDINANCE (Ordinance 14 of 2008 as amended by GN 44 dated 18 May 2010 and Ordinance 12 of 2011) AN ORDINANCE TO MODERNISE THE LAW RELATING TO THE WELFARE AND RIGHTS OF CHILDREN TO BRING IT IN LINE WITH THE PRINCIPLES CONTAINED IN THE UN CONVENTION ON THE RIGHTS OF THE CHILD; AND FOR PURPOSES CONNECTED THEREWITH OR INCIDENTAL THERETO. Commencement [1 March 2010] Citation and commencement PART I PRELIMINARY 1. This Ordinance may be cited as the Welfare of Children Ordinance, 2008 and shall come into force on such date as the Governor may appoint by notice in the Gazette. Interpretation 2. (1) In this Ordinance, unless the context shall otherwise require— “actual custody” in relation to a child means having actual possession of such child‘s person (whether or not that possession is shared with one or more other persons), and exercising like duties in relation to the child as if the person exercising such duties had parental responsibilities for such child (whether or not such person has parental responsibility for such child); “care order” means an order under section 42(1)(a); “child” means a person under 18 years of age, except that in Part XI and Part XIV ―child‖ means a person under 16 years of age; “child assessment order” means an order under section 52(1); “child-minder” has the meaning given by section 75(1); “child of the family”, in relation to the parties to a marriage, means— (a) (b) a child of both those parties; or any other child, not being a child who is placed with those parties as foster parents by the Department, who has been treated by both of those parties as a child of their family; This e-version of the text is not authoritative for use in court.
LAWS OF ST. HELENA Welfare of Children 9 “children's home” has the meaning given by section 61; “civil proceedings” means proceedings other than criminal proceedings; “contact order” means an order under section 18(1)(b); “court” means— (a) (b) the St. Helena Supreme Court; or where the context so requires the St. Helena Magistrates‘ Court and in exercising any power under this Ordinance, the Magistrates‘ Court shall, where appropriate, be known as a Juvenile Court; “day care” means any form of care or supervised activity provided for children during the day (whether or not it is provided on a regular basis); “Department” means the Public Health and Social Services Department; “development” means physical, intellectual, emotional, social, moral and behavioural development; “disabled” means blind, deaf, dumb, suffering from mental disorder of any kind, or substantially and permanently handicapped by illness, injury or congenital deformity or such other disability as may be prescribed; “domestic premises” means premises which are wholly or mainly used as a private dwelling; “emergency protection order” means an order under section 53(1); “exclusion requirement” has the meaning given by paragraph 1 of Schedule 5; “family proceedings” means any proceedings in relation to wardship, maintenance or the upbringing of children; “father” means biological father or adopted father; “harm” means ill-treatment or the impairment of health or development; and where the question of whether harm suffered by a child is significant turns on his health or development, his health or development shall be compared with that which could reasonably be expected of a similar child; “health” means physical or mental health; “home” includes any institution, other than— (a) a school; (b) a hospital; or (c) a residential care home, nursing home or psychiatric home; “ill-treatment” includes sexual abuse and forms of ill-treatment which are not physical; “lump sum order” means an order under Schedule 1 for the payment of a lump sum; “mother” means biological mother or adoptive mother; “official foster parent” has the meaning given by section 33(2); “parent” in relation to a child, means— (a) his biological father, whether married to his biological mother or not; (b) his biological mother, whether married to his biological father or not; or (c) his adoptive father or adoptive mother; “parental responsibility” has the meaning given by section 9; “parental responsibility agreement” means an agreement referred to in section 12(1)(c); “periodical payments order” means an order under Schedule 1 for the making or securing of periodical payments; “police protection” shall be construed in accordance with section 56(1); “prescribed” means prescribed by regulations under this Act; “privately fostered child” and “to foster a child privately” have the meaning given by section 68(1); “prohibited steps order” has the meaning given by section 18(1)(c); “Registrar” means the Registrar of the Supreme Court; “registered children's home” means a children's home registered under Part IX; “relative”, in relation to a child, means his grandparent, brother, sister, uncle or aunt (whether 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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