LETTER OF THE DAY: Worrying disregard for children

Published: Saturday | August 1, 2009


The Editor, Sir:

I have received a copy of the CDA news release of June 25, part of which reads:

"The agency has no jurisdiction over juvenile correctional facilities and, as such does not have responsibility for the licensing or regulating of these institutions, which are governed under the Corrections Act and not the Child Care and Protection Act. In fact, Section 47 of the Child Care and Protection Act explicitly excludes juvenile correctional centres from the licensing authority of the Ministry of Health.

"CDA's sole mandate in respect of licensing is to ensure that all privately run children's homes operate in accordance with the Child Care and Protection Act (Children's Homes) Regulations 2007. A children's home is defined in the CCPA as 'any institution, dwelling house or other place where four or more children are boarded and maintained other than by a parent or lawful guardian, either gratuitously or for reward'."

I find this very worrying. Is there no one who recognises that in whatever place, with whichever person at whatever time, the CCPA is supposed to protect all Jamaican children, for all are citizens, albeit under the age of 18 years, more so wards of the State, who the CDA is supposed to be able to watch over with greater confidence?

absolve the agency of any wrongdoing

The CDA release appears to be trying to absolve the agency of any wrongdoing in the Armadale tragedy, I wasn't aware that anyone had accused it. Granted the agency says itthe act explicitly excludes juvenile correctional centres from registration, but does that absolve the agency of responsibility for the well-being of young people who have gone astray, who are wards of the State, (and therefore clearly their responsibility) ? Is there not a difference between registration of a premises and duty of care for the children housed there? Or does the act also explicitly exclude children who have fallen foul of the law (some whose only crime was to run from the very homes the CDA claims are covered by the act)? Where in all this is the voice for the child ... . The Children's Advocate?

Maybe everything in the act is down to interpretation, but surely the spirit of the act is clear. The spirit of the act came out of the need to do better for Jamaican children who are 'at risk of harm', children who are sick or disabled, who are being abused physically, emotionally, sexually, who are neglected, who may cause harm to themselves or others. Maybe my interpretation is too simplistic, I read that as all children in need of care and protection from themselves and others. I read institutions to mean all places where four or more children and young people under 18 years are housed.

I am not a lawyer or an academic. I am simply a mother, a grandmother, aunt and foster-mother, whose heart breaks at the total disregard this country has for the well-being of its children. I hear much talk at the tables high and low, in the meetings and on the street, but rarely do I see the talk backed by action that truly puts the well-being of the children first.

creating criminals

It's not rocket science, if you take damaged children and lock them up like criminals, you will create criminals. They may have (some of them) committed criminal acts, but has anyone found out what caused that to happen? Have proper psychological evaluations been done before these children are sentenced? A child does not run away if all is well, a child doesn't change his/her behaviour overnight without a reason, so find out what is wrong. It could be a simple misunderstanding that can be easily talked through, it maybe something more serious such as abuse, it may be peer pressure.

When we need to incarcerate children for criminal acts, we have to ensure that the state agencies responsible for the safety and well-being of all Jamaican children, particularly wards of the State, are checking on them until they reach 18 years old. The Department of Corrections has its mandate for containment and rehabilitation, the Child Development Agency its mandate for the Care and Protection and the Office of the Children's Advocate, its mandate to speak out on behalf of all our children.

I am, etc.,

MOIRA MORGAN

thegriffintrust@aol.com

Kingston 19