Licensing for Child Care facilities

Monday, 28 July 2008

A licensing regime is to be put in place immediately to ensure that all child care facilities, state-run or private, are operated under the Child Care and Protection Act.
The decision came out of a meeting on Monday with officials of the Ministry of Health, the Child Development Agency (CDA) and other stakeholders.

It was revealed during the meeting that none of the island's childrens' homes is registered.

According to Jamaicans for Justice, JFJ Executive Director, Dr. Carolyn Gomes, the homes are registered under the Juvenile Act which has been repealed.

She says in light of the seriousness of the issue, the Minister announced that the homes are to be licensed."The ministry is to write to the homes to ask them to apply for the license within 21 days, under this licensing process should take no longer than 28 days, so that we are looking forward to for the end of October having a proper regime in place," she said.

She added that the regulations governing childrens' homes are to be reviewed. However, no time line has been given.

The JFJ had expressed concern that regulations were not being enforced by the Child Development Agency.
Monday's meeting came in light of reports last week of a case of buggery at a residential child care facility.

It's reported that a Pastor in the eastern parish of St Mary who is also a supervisor at a boys' home was charged with 30 counts of buggery when he appeared in court last week.

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Child Care and Protection Act reaps results
2008-02-23
Carlalee Gowie

The implementation of the Child Care and Protection Act is having a positive effect on the troubling issue of carnal abuse, as the police have reported an increase in the number of cases being reported.

Head of the Centre for Investigation of Sexual Offences and Child Abuse (CISOCA), Deputy Superintendent Herfa Beckford, said there has been a noticeable increase in the number of carnal abuse cases being reported to that unit.

“One of the factors that has influenced the reporting is the Child Care and Protection Act,” she said. DSP Beckford said a number of persons, including guidance counsellors and medical doctors, have now been making reports to the centre.

Under the Child Care and Protection Act, which was signed into law on March 25, 2004, and is aimed at affording greater protection to the nation’s children, persons can be charged up to $500,000 or face six months in prison for failing to report incidents of abuse of children or children in need of care and protection. DSP Beckford said the threat of the penalty has forced many persons who would not normally make reports, to do so.
“The law has been amended and it is being implemented and implemented properly,” she said of the Act.

Alarming number of cases
In recent times there has been outcry from several quarters on the alarming number of carnal abuse cases that have been flooding the courts.
Statistics from the police revealed that for the last five years, there have been 1,993 reported cases of carnal abuse.

In 2003, 377 cases were reported.
This figure increased to 409 in 2004, but then decreased by over 50 to 346 in 2005. In 2006 the police received 434 reports of carnal abuse, while inconclusive figures for last year showed that the number of cases declined by seven to 427.

Though the police have reported a decline in reports of carnal abuse for the month of January 2008, compared to the same period last year, the annual figures are still being viewed as cause for concern.
DSP Beckford pointed out that although there has been an increase in the number of cases being reported to the centre, it does not mean that the crime has increased. She said some of the reports are for cases that date back as long as five years ago.

“We have no information to suggest that there is an increase in the crime. There is an increase in the reporting, but there are cases that are from recent years,” she said.

The increase in the reported cases has also initiated a chain reaction, leading to an increase in the number of arrests made for carnal abuse.
“A lot of arrests are being made. I can safely say that for over 50 per cent of the reported cases, arrests are being made,” DSP Beckford said.

Of the 1,993 cases of carnal abuse reported for the period 2003 to 2007, 1,217 of the cases have been cleared up, an average of over 50 per cent of cases being cleared up each year.

Some convictions
DSP Beckford while commending members of her team whom she said worked very hard in bringing the perpetrators to justice, said carnal abuse cases were some of the easiest cases to investigate, as most times the victims are able to identify the perpetrators.

“Most of them are co-operative and with the help of counseling, even those with whom we have a difficulty, they normally come around,” she said.

The CISOCA head said victims are from varying age groups and also added that although most of the victims are female, there are also male victims.

The Sunday Herald was unable to get statistics for the number of convictions in carnal abuse cases, but DSP Beckford said there have been some convictions.
“We have a very good conviction rate,” she said. She explained that when convictions are not gained, it is not a reflection of inadequate investigation, as many times cases are derailed before going through the required judicial process.

Victims many times have expressed dissatisfaction with the outcome of carnal abuse cases in the courts. In some instances, the cases drag on for so long that the victims become frustrated and stop going to court.
But DSP Beckford said delays are not only confined to carnal abuse cases, but other cases as well.

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