Child's Right Act

Arrangement of Sections

PART I - Best Interest of a Child to be of Paramount Consideration in all Actions.

1. Best interest of a Child to be of paramount consideration in all actions.

2. A child to be given protection and care necessary for his well‐being.

PART II - Rights and Responsibilities of a Child

Rights of a Child

3. Application of Chapter IV of 1999 Constitution, etc.

4. Right to survival and development.

5. Right to name.

6. Freedom of association and peaceful assembly.

7. Freedom of thought, conscience and religion.

8. Right to private and family life.

9. Right to freedom of movement.

10. Right to freedom from discrimination.

11. Right to dignity of the child.

12. Right to leisure, recreation and cultural activities.

13. Right to health and health services.

14. Right to parental care, protection and maintenance.

15. Right of a child to free, compulsory and universal primary education, etc.

16. Right of a child in need of special protection measure.

17. Right of the unborn child to protection against harm, etc.

18. Contractual rights of a child.

19. Responsibilities of a child and parent.

20. Parent, etc. to provide guidance with respect to child's responsibilities.

PART III - Protection of the Rights of a Child

21. Prohibition of child marriage.

22. Prohibition of child betrothal.

23. Punishment for child marriage and betrothal.

24. Tattoos and skin marks.

25. Exposure to use, production and trafficking of narcotic drugs, etc.

Use of Children in Other Criminal Activities

26. Use of children in other criminal activities.

27. Abduction, removal and transfer from lawful custody.

Child Labour

28. Prohibition of exploitative labour.

29. Application of Labour Act.

Buying, Selling, etc., for the Purpose of Begging and Prostitution, etc.

30. Prohibition of buying, selling, hiring or otherwise dealing in children for the purpose of hawking or begging for alms or prostitution, etc.

Unlawful Sexual Intercourse, etc.

31. Unlawful sexual intercourse with a child, etc.

Other Forms of Sexual Abuse and Exploitation

32. Forms of sexual abuse and exploitation.

Other Forms of Exploitation

33. Other forms of exploitation.

Recruitment into the Armed Forces

34. Prohibition of recruitment of children into the Armed Forces.

Harmful Publication

35. Prohibition of importation of harmful publication.

36. Penalty for harmful publication.

37. Power to issue warrant of arrest, summons, search, etc., for harmful publications.

38. Power of Court to order forfeiture, etc.

Miscellaneous

39. Removal of jurisdictional limitation of magistrates, etc.

40. Application of Criminal Law provisions.

PART IV

Protection of Children

41. Child assessment orders.

42. Emergency protection orders.

43. Duration of emergency protection orders, etc.

44. Children taken into police protection in cases of emergency.

45. Duty of a State Government to investigate.

46. Disclosure of whereabouts, etc. of children who may be in need of emergency protection.

47. Abduction of children in care, etc.

48. Refuge for children at risk.

49. Rules and regulations under this Part.

PART V

Children in Need of Care and Protection

50. Power of certain persons to bring children in need to care and protection before a court in certain cases.

51. Make order where parent or guardian is unable to exercise control.

52. Power of Court to order parent, etc., to contribute to maintenance.

PART VI

Care and Supervision

53. Care and supervision order, general.

54. Period within which application for order under this Part must be disposed of.

55. Effect of care order.

56. Parental contacts, etc., with children in care.

57. Duty of supervisors while supervision orders are in force.

58. Education supervision orders.

59. Power of Court in proceedings where question of welfare of child arises.

60. Interim orders.

61. Discharge and variation, etc., of care orders and supervision orders.

62. Orders pending appeals in cases relating to care or supervision orders.

PART VII - Provisions for use of Scientific Tests in Determining Paternity or Maternity, etc.

63. Power of Court to require use of scientific tests.

64. Consents, etc., required for taking scientific samples.

65. Power of Minister to provide for manner of giving effect to directions for use of scientific tests.

66. Failure to comply with directions for taking of scientific tests.

67. Penalty for impersonating another, etc., for purpose of providing scientific sample.

PART VIII - Possession and Custody of Children

68. Acquisition of parental responsibilities.

69. Power of the Court to make order in respect to custody or rights of access to a child.

70. Orders as to custody.

71. Validity of custody agreed to in separation deeds.

72. Principal on which questions relating to custody, upbringing, etc., of child is to be decided.

73. Court to have regard to conduct of parent.

74. Power of Court as to production of child.

75. Power of Court to consult child's wishes.

76. Power of Court to child's religious education.

77. Enforcement of order for payment of money by attachment of income.

78. Notice of change of address by person ordered to pay money.

79. Power of the Minister to make orders, etc., as to custody of children.

80. Prohibition against acquiring custody, etc., of child for the purpose of dealing in the child.

81. Penalties for contravening sections 79 and 80.

PART IX - Guardianship

82. Parental responsibility of a guardian.

83. Guardianship of a child.

84. Order for guardianship of a child.

85. Consent of a person appointed as a guardian.

86. Revocation of guardianship.

87. Power of a guardian over estate of a child.

88. Disputes between joint guardians.

89. Appointment of guardian ad litem.

90. Establishment of panels of persons from which guardians ad litem may be appointed.

91. Right of guardian ad litem to have access to records.

92. Saving of existing orders and jurisdiction of the Court.

PART V - Wardship

93. Jurisdiction of Court.

94. Wardship order.

95. Maintenance of a ward of Court.

96. Committal of ward to care of appropriate authority, etc.

97. Matrimonial causes.

98. Dismissal of application for wardship.

99. Rules for application for wardship.

PART XI - Fostering

100. Application for fostering.

101. A child to be fostered.

102. Making a fostering order.

103. Limit on number of children who may be fostered.

104. Restriction on the making of fostering order.

105. Consent to fostering.

106. Further conditions for making of fostering orders.

107. Interim Orders.

108. Rules of Court.

109. Appeal.

110. Rights and duties of foster parents and other persons.

111. Effect of fostering on maintenance order.

112. Fostered Children Register.

113. Visit to fostered child by child development officers.

114. Revocation of a foster order on grounds of the interest of the child.

115. Prohibition of receiving money or reward as inducement to foster a child.

116. Prohibition of taking, sending fostered child out of state or Nigeria.

117. Prohibition of withdrawal of a child from the care of the applicant.

118. Foster parent prohibited from marrying fostered child.

119. Non‐compliance with lawful directives.

120. Private arrangement for fostering children.

121. Welfare of a child fostered privately.

122. A person disqualified from fostering a child privately.

123. Power of State Government to prohibit private fostering.

124. Offences under this Part.

PART XII

Adoption

125. Establishment of adoption services, etc.

126. Application for adoption, etc.

127. Religious upbringing of adopted child.

128. Persons who may be adopted.

129. Persons who may adopt.

130. Power to make adoption order.

131. Restrictions on the making of adoption orders.

132. Required consent.

133. Conditions preceeding the making of adoption order.

134. Power of court to impose terms and conditions.

135. Interim orders, pending adoption orders.

136. Jurisdiction of the Court.

137. Rules of the Court for adoption of a child.

138. Appeals.

139. Adoption when corrective order is in force.

140. Adoption where maintenance order is in force.

141. Effect of adoption.

142. Establishment of the Adopted Children Register.

143. Prohibition of certain payments for adoption.

144. Restriction on inter‐State adoption.

145. Licence to give child for inter‐State adoption.

146. Recognition of other adoption.

147. Adopted parents, etc., prohibited from marrying adopted child.

148. Visit of adopted child development officers.

149. Establishment of the Family Court.

150. Court to have two levels.

151. General jurisdiction.

152. Family Court at the High Court level.

153. Family Court at the Magistrate Court level.

154. Professionalisation and training of Court personnel.

155. Right to counsel, etc.

156. Exclusion of persons from attending court.

157. Prohibition of publication of child's name, etc.

158. Proceedings to be in the interest of the child.

159. Attendance of parents, guardians or child at the hearing in the Court.

160. Evidence giving by a child.

161. Rules for procedures, fees, etc.

162. Exclusive jurisdiction.

PART XIV - Child Minding and Day Care of Young Children

163. Registration, etc., of child minding and day care centre.

164. Conditions to be complied with by child minders.

165. Conditions to be complied with by persons providing day care for children.

166. Cancellation of registration of a child minder

167. Protection of children, emergency cases of cancellation of registration, etc.

168. Powers of the State Government to inspect premises, etc.

169. State Government to give applicant notice of action it intends to take.

170. Offences under this Part.

PART XV - State Government Support for Children and Families

171. Provision of services for children in need, etc.

172. Day care for pre‐school children.

173. Review of provision for day care, children minding, etc.

174. Provision of accommodation for children in general.

175. Provision of accommodation for children in police protection detention or remand, etc.

176. Reference to child looked after by State Government.

177. Duty of State Government to provide for the welfare of children looked after by it.

178. Provision of accommodation and maintenance by State Government for children looked after by it.

179. Advice and assistance for certain children, etc.

180. Use of accommodation for restricting liberty.

181. Review of cases and inquiries into representatives.

182. Co‐operation between authorities.

183. Consultation with the education authorities.

184. Recoupment of cost of providing services, etc.

185. Miscellaneous.

PART XVI - Community Homes

186. Securing community homes.

187. Directives by Minister to discontinue the use of premises as community homes.

188. Determination of disputes relating to controlled and assisted community homes.

189. Discontinuance of controlled or assisted community homes.

190. Closure by State Government of controlled or assisted community homes.

PART XVII - Voluntary Homes and Voluntary Organisations

191. Provision of accommodation by voluntary organisations.

192. Registration and regulation of voluntary homes.

193. Duties of voluntary organisations.

194. Duties of the State Government.

PART XVIII - Registered Children's Homes

195. Registration, etc., of children's homes.

196. Welfare, etc., of children in homes.

197. Persons disqualified from managing, or being employed in children's homes.

PART XIX

Supervisory Functions and Responsibilities of the Minister

198. Inspection of children's home, etc., by authorised persons.

199. Inquiries.

200. Minister may direct inquiries to be held in camera.

201. Financial support by Minister.

202. Research and returns of information.

203. Power of Minister to declare State Government, etc., to be default.

PART XX - Child Justice Administration

General

204. Child to be subjected to only child justice system and processes.

205. Protection of privacy.

206. Professional education and training.

207. Specialisation within the Nigeria Police Force.

208. Use of direction.

209. Disposal of case without resort to formal trial.

210. Report of the legal status and rights of the child.

Investigation

211. Initial contact with the child.

212. Detention pending trial.

Adjudication

213. Jurisdiction of Court to try child offenders.

214. Rights to fair hearing and compliance with due process.

215. Guiding principles in adjudication.

216. Parents, guardians to attend Court.

217. Child justice procedure in Court.

218. Remands and committals to State Government accommodation.

219. Social inquiry report.

220. Power of Court to order parent or guardian to pay fine, etc.

221. Restriction on punishment.

222. Detention in case of certain crimes.

223. Methods of dealing with child offender.

224. Government to provide accommodation.

225. Procedure on failure to observe condition of recognisance.

226. Binding over of a parent or guardian.

227. Forms for corrective orders.

228. Operation of corrective order may be suspended.

229. Power to vary corrective order in certain cases.

230. Power of manager of an approved institution to grant leave of absence to a child in detention.

231. Apprehension without warrant.

232. Procedure in case of unruly or depraved person.

Non‐Institutional Treatment

233. Effective implementation of non‐institutional orders.

234. Assistance during rehabilitation.

235. Mobilisation of voluntary service.

Institutional Treatment

236. Objective of institutional treatment.

237. Recourse of conditional release.

Research, Planning, Policy Formulation and Evaluation

238. Research as a basis for planning, policy formulation, etc.

PART XXI - Supervision

239. Appointment of supervision officer.

240. Supervision inspectors and supervision inspection service.

241. Default power where the supervision service fails to discharge its statutory duty.

242. Power of Court to make conditional discharge order and supervision order.

243. Person named in supervision order.

244. Supervision officer may be relieved of duties.

245. Duties of supervision officer.

246. Power of Court to vary suspension order.

PART XXII

Approved Institutions and Post‐Release Supervision

247. Approved institutions.

248. Establishment of approved institutions.

249. Declaration of building, etc., as an approved institution.

250. Children attendance centres, etc.

251. Responsibilities for approved institutions.

252. Officers of approved institutions.

253. Visitors and visiting committees.

254. Appointment of voluntary visitors.

255. Facilities for observation of children in approved institutions.

256. Transfer from Children Correctional Centre to Special Children Centre.

257. Release from approved institutions, etc.

Release and Post‐Release supervision

258. Release and supervision after training at the Children Centre.

259. Post‐release supervision of children offenders.

PART XXIII - The National, State and Local Government Child Rights Implementation Committees

National Child Rights Implementation Committee

260. Establishment and membership of the National Child Rights Implementation Committee.

261. Functions of National Committee.

262. Procedure, etc., at meetings.

263. Secretariat of the National Committee.

State Child Rights Implementation Committee

264. Establishment and membership of State Child Rights Implementation Committee.

265. Functions of the State Committee.

266. Procedure at meetings.

267. Secretariat of the State Committee.

Local Government Child Rights Implementation Committee

268. Establishment and membership of the Local Government Child Rights Implementation

Committee.

269. Functions of the Local Government Committee.

270. Procedure, etc., at meetings.

271. Secretariat of the Local Government Committee.

PART XXIV - Miscellaneous

272. Offences by bodies corporate.

273. Service of documents.

274. Suspension and inconsistency.

275. Delegation of powers by the Minister.

276. Forms in the Eleventh Schedule.

277. Interpretation.

278. Citation.

SCHEDULES

FIRST SCHEDULE -Financial Provision for Children

SECOND SCHEDULE - Supervision Orders

THIRD SCHEDULE - Application for Wardship

FOURTH SCHEDULE - Foster Parents: Limits on Number of Foster Children

FIFTH SCHEDULE - Form of Adopted Children's Register

SIXTH SCHEDULE - Child Minding and Day Care for Young Children

SEVENTH SCHEDULE - State Government Support for Children and Families

EIGHT SCHEDULE - Management and Conduct of Community Homes

NINTH SCHEDULE - Voluntary Homes and Voluntary Organisations

TENTH SCHEDULE - Registered Children's Homes

ELEVENTH SCHEDULE - Forms in relation to Parts VI, XX and XXI of this Act

CHILD'S RIGHTS ACT 2003

An Act to provide and protect the rights of a Nigerian child; and other related matters.

PART I

Best Interest of a Child to be of Paramount Consideration in all Actions

1. Best interest of a Child to be of paramount consideration in all actions

In every action concerning a child, whether undertaken by an individual, public or private body, institutions or service, court of law, or administrative or legislative authority, the best interest of the child shall be the primary consideration.

2. A child to be given protection and care necessary for his well‐being

PART II - Rights and Responsibilities of a Child

Rights of a Child

3. Application of Chapter IV of 1999 Constitution, etc

4. Right to survival and development

Every child has a right to survival and development.

5. Right to name

6. Freedom of association and peaceful assembly

Every child has a right to freedom of association and peaceful assembly in conformity with the law and in accordance with the necessary guidance and directions of his parents or guardians.

7. Freedom of thought, conscience and religion

8. Right to private and family life

9. Right to freedom of movement

10. Right to freedom from discrimination

11. Right to dignity of the child

Every child is entitled to respect for the dignity of his person, and accordingly, no child shall be‐

12. Right to leisure, recreation and cultural activities

13. Right to health and health services

14. Right to parental care, protection and maintenance

15. Right of a child to free, compulsory and universal primary education, etc.

16. Right of a child in need of special protection measure

17. Right of the unborn child to protection against harm, etc.

18. Contractual rights of a child

19. Responsibilities of a child and parent

20. Parent, etc. to provide guidance with respect to child's responsibilities Every parent, guardian, institution, person and authority responsible for the care, maintenance, upbringing, education, training, socialisation, employment and rehabilitation of a child has the duty to provide the necessary guidance, discipline, education and training for the child in his or its care such as will equip the child to secure his assimilation, appreciation and observance of the responsibilities set out in this Part of the Act.

PART III

Protection of the Rights of a Child

21. Prohibition of child marriage

No person under the age of 18 years is capable of contracting a valid marriage, and accordingly a marriage so contracted is null and void and of no effect whatsoever.

22. Prohibition of child betrothal

23. Punishment for child marriage and betrothal

A person‐

24. Tattoos and skin marks

25. Exposure to use, production and trafficking of narcotic drugs, etc.

Use of Children in Other Criminal Activities

26. Use of children in other criminal activities

27. Abduction, removal and transfer from lawful custody

Child Labour

28. Prohibition of exploitative labour

29. Application of Labour Act

The provisions relating to young persons in sections 58, 59, 60, 61, 62 and 63 of the Labour Act shall apply to children under this Act.

Buying, Selling, etc., for the Purpose of Begging And Prostitution, etc.

30. Prohibition of buying, selling, hiring or otherwise dealing in children for the purpose of hawking or begging for alms or prostitution, etc.

Unlawful Sexual Intercourse, etc.

31. Unlawful sexual intercourse with a child, etc.

Other Forms of Sexual Abuse and Exploitation

32. Forms of sexual abuse and exploitation

Other Forms of Exploitation

33. Other forms of exploitation

Recruitment into the Armed Forces

34. Prohibition of recruitment of children into the Armed Forces

Harmful Publication

35. Prohibition of importation of harmful publication

36. Penalty for harmful publication

37. Power to issue warrant of arrest, summons, search, etc., for harmful publications

purpose of any trade or business, and to search the premises, vehicle, shop or stall.

38. Power of Court to order forfeiture, etc.

[Editorial Note: Subsection (4) omitted. Numbering as per Gazette.]

Miscellaneous

39. Removal of jurisdictional limitation of magistrates, etc.

Notwithstanding any jurisdictional limitation on the powers of a Magistrate's Court and any other court in relation to the imposition of fines or terms of imprisonment contained in any law, a Magistrate's Court or any other court before which the offences created in this Part of this Act are tried shall have the full jurisdictional powers to impose up to the maximum penalties prescribed for the offences created in this Part of this Act.

40. Application of Criminal Law provisions

Any person in any other law securing the protection of the child, whether born or unborn, shall continue to apply and is hereby adopted for the protection of the child by this Act, notwithstanding that the provision has not otherwise been specifically provided for by this Act.

PART IV

Protection of Children

41. Child assessment orders

42. Emergency protection orders

43. Duration of emergency protection orders, etc.

44. Children taken into police protection in cases of emergency

45. Duty of a State Government to investigate

46. Disclosure of whereabouts, etc. of children who may be in need of emergency protection

47. Abduction of children in care, etc.

48. Refuge for children at risk

49. Rules and regulations under this Part

PART V

Children in Need of Care and Protection

50. Power of certain persons to bring children in need to care and protection before a court in certain cases

(l ) is a child in relation to whom an offence against morality has been committed or attempted;

51. Make order where parent or guardian is unable to exercise control

Where the Court is satisfied that the parent or guardian of a child is unable to control the child the Court may, if further satisfied‐

52. Power of Court to order parent, etc., to contribute to maintenance

PART VI

Care And Supervision

53. Care and supervision order, general

54. Period within which application for order under this Part must be disposed of

55. Effect of care order

56. Parental contacts, etc., with children in care

57. Duty of supervisors while supervision orders are in force

58. Education supervision orders

59. Power of Court in proceedings where question of welfare of child arises

60. Interim orders

61. Discharge and variation, etc., of care orders and supervision orders

62. Orders pending appeals in cases relating to care or supervision orders

PART VII

Provisions for use of Scientific Tests in Determining Paternity or Maternity, etc

63. Power of Court to require use of scientific tests

64. Consents, etc., required for taking scientific samples

65. Power of Minister to provide for manner of giving effect to directions for use of scientific tests

The Minister may by regulations make provisions as to the manner of giving effect to directions given under section 63 of this Act and, in particular, the regulations may‐

66. Failure to comply with directions for taking of scientific tests

67. Penalty for impersonating another, etc., for purpose of providing scientific sample

If, for the purpose of providing scientific sample for a test required to give effect to a direction under section 63 of this Act, a person impersonates another, or proffers a child knowing that it is not the child named in the direction, that person commits an offence and is liable on conviction to a fine not exceeding ten thousand Naira or imprisonment for a term not exceeding one year or to both such line and imprisonment.

PART VIII

Possession and Custody of Children

68. Acquisition of parental responsibilities

Part XII of this Act with respect lo the child ; or

69. Power of the Court to make order in respect to custody or rights of access to a child

70. Orders as to custody

No agreement contained in any separation deed made between the father and mother of a child shall, be invalid by reason only of its providing that the father of the child gives up the custody or control of the child to the mother.

71. Validity of custody agreed to in separation deeds

Where in any proceedings before a Court the custody or upbringing of a child or the administration of any property belonging to or held in trust for a child, or the application of the income thereof, is in question, the Court shall, in deciding that question, regard the welfare or the child as the first and paramount consideration

72. Principal on which questions relating to custody, upbringing, etc., of child is to be decided

Where the parent of a child has ‐

73. Court to have regard to conduct of parent

Where the parent of a child applies to the Court for a writ or an order for the production of a child, and the Court is of the opinion that the parent‐

74. Power of Court as to production of child

If at the time of the application for a writ or an order for the production of a child the child is being brought up by another peon, the Court may, in it discretion, if it orders that the child be given up to the parent, further order that the parent pays to that other person the whole of the costs properly incurred in bringing up the child, or such portion of the costs as seems to the Court to be just and reasonable, having regard to the circumstances of the case.

75. Power of Court to consult child's wishes

Nothing contained in sections 72, 73 ,and 74 of this Act interferes with, or affects, power of the Court to consult the wishes of the child in considering what order ought to be made under section 74, of this Act or diminishes the right which any child, has to exercise on his own free choice,

76. Power of Court to child's religious education

The Court may, on an application by a person for the production or custody of a child if it is of the opinion‐

77. Enforcement of order for payment of money by attachment of income

Where the Court makes an order for the payment of money in pursuance of this Act, the Court shall, in addition to any other powers for enforcing compliance with the order, have power, in any case where pension or income, which is capable of being attached, is payable to the person against whom the order is made, after giving the person by whom the pension or income is payable an opportunity of being heard, order that such part of the pension or income as the court may deem fit be attached forthe payment of any money under this Act,

78. Notice of change of address by person ordered to pay money

A person who for the time being is under an obligation to make payment in pursuance of an order for the payment of money under this Act shall give notice of any change in his address to the person if any as may be specified in the order.

79. Power of the Minister to make orders, etc., as to custody of children

State specified in the order except in accordance with rules made by the Minister and such rules may be in general or in respect of any particular part of a State.

80. Prohibition against acquiring custody, etc., of child for the purpose of dealing in the child.

81. Penalties for contravening sections 79 and 80

A person who contravenes the provisions of Sections 79 and 80 of this Act or of any rules under those sections commits an offence and is liable on conviction to a fine of ten thousand Naira or imprisonment for a term of one year or to both such fine and imprisonment.

PART IX

Guardianship

82. Parental responsibility of a guardian

Part of this Act shall have parental responsibility for the child.

83. Guardianship of a child

84. Order for guardianship of a child

85. Consent of a person appointed as a guardian

The consent of a person appointed as a guardian is necessary for the appointment to have effect.

86. Revocation of guardianship

The appointment of a guardian under sections 85 and 90 of this Act may be brought to an end at any time by an order of the Court‐

87. Power of a guardian over estate of a child

A guardian under this Act shall have all such powers over the estate, as the case may be, of a child as a guardian appointed by will or otherwise by virtue of the rules of common law, equity, or appropriate personal law.

88. Disputes between joint guardians

Where two or more persons act as joint guardians of a child and they are unable to agree on any question affecting the welfare of the child, any of them may apply to the Court for its direction, and the court may make an order regarding the question in dispute.

89. Appointment of guardian ad litem

90. Establishment of panels of persons from which guardians ad litem may be appointed

91. Right of guardian ad litem to have access to records

92. Saving of existing orders and jurisdiction of the Court

PART X

Wardship

93. Jurisdiction of Court.

The Court shall have jurisdiction in all matters pertaining to making a child a ward of Court.

94. Wardship order

95. Maintenance of a ward of Court

96. Committal of ward to care of appropriate authority, etc

97. Matrimonial causes.

A Court hearing a matrimonial case in which a. child may be involved may direct that proper proceedings be taken in the Court at the High Court level for making the child a ward of Court,

98. Dismissal of application for wardship

Where the Court is of the opinion that an application for wardship is an abuse of the court process, it shall dismiss the application forthwith

99. Rules for application for wardship

An application for wardship shall be made in compliance with the rules contained in Third

Schedule to this Act.

[Third Schedule]

PART XI

Fostering

100. Application for fostering

101. A child to be fostered

A child who may be fostered under this Act includes a child who‐

102. Making a fostering order

103. Limit on number of children who may be fostered.

The number of children who may be fostered by a person shall not exceed three unless exceptional Circumstances are shown.

104. Restriction on the making of fostering order

105. Consent to fostering

106. Further conditions for making of fostering orders

107. Interim Orders

108. Rules of Court

109. Appeal

An appeal shall lie to the Court at High Court level from the Court at the Magisterial level in respect of a decision on an application for a fostering order other than a decision to postpone the determination of an application for the order or to make an interim order.

110. Rights and duties of foster parents and other persons

111. Effect of fostering on maintenance order Where at the time a fostering order is made in respect of a child, an order requiring a person to contribute towards the maintenance of that child under this Act is in force, the fostering order shall prevail.

112. Fostered Children Register

113. Visit to fostered child by child development officers

114. Revocation of a foster order on grounds of the interest of the child

Where it is proved to the satisfaction of a court that a foster parent has abandoned. Neglected or persistently. ill‐treated or assaulted a fostered child, the Court shall‐

115. Prohibition of receiving money or reward as inducement to foster a child

116. Prohibition of taking, sending fostered child out of state or Nigeria

117. Prohibition of withdrawal of a child from the care of the applicant

While an application for a fostering order is pending in a Court, no person who has given his consent to a fostering order being made in respect of a child shall withdraw the child or cause the child to be withdrawn from the care and possession of the applicant without the leave of the Court and the court shall, in granting the leave, have regard to the welfare of the child.

118. Foster parent prohibited from marrying fostered child

119. Non‐compliance with lawful directives

A person who‐

120. Private arrangement for fostering children

121. Welfare of a child fostered privately

122. A person disqualified from fostering a child privately

[Fourth Schedule]

123. Power of State Government to prohibit private fostering

124. Offences under this Part

PART XII

Adoption

125. Establishment of adoption services, etc.

designed to meet the needs of

126. Establishment of adoption services, etc.

1. a) the need to safeguard and promote the welfare and the best interest of the child throughout the childhood of that child; and

127. Religious upbringing of adopted child

The Court shall, in placing a child for adoption, have regard as far as is practicable to the wishes, if any, of the parents or guardian of the child as to the religious upbringing of the child.

128. Persons who may be adopted

The Court shall, not make an adoption order in respect of a child unless‐

129. Persons who may adopt

The following persons may apply for an adoption order‐

132 of this Act; or

130. Power to make adoption order

131. Restrictions on the making of adoption orders.

132. Required consent

133. Conditions preceding the making of adoption order

The Court shall, before making an adoption order, satisfy itself that‐

134. Power of court to impose terms and conditions.

The Court may, in making adoption order, impose such terms and conditions as the Court may think fit, and in particular, may require the adopter, by bond or otherwise, to make for the child such provisions, if any, as in the opinion of the Court, are just and expedient.

135. Interim orders, pending adoption orders

136. Jurisdiction of the Court

Subject to rules of the Court made under section 137 of this Act, the Court shall have exclusive jurisdiction to deal with an application for an adoption order.

137. Rules of the Court for adoption of a child

138. Appeals

139. Adoption when corrective order is in force

140. Adoption where maintenance order is in force

141. Effect of adoption

142. Establishment of the Adopted Children Register

143. Prohibition of certain payments for adoption

144. Restriction on inter‐State adoption

145. Licence to give child for inter‐State adoption

146. Recognition of other adoption

Where a person has been adopted under any law in force in any Part of Nigeria, or under the law of any other country other than Nigeria, the adoption shall have the likely validity and effect as if the adoption has been effected by an adoption order under this Act.

147. Adopted parents, etc., prohibited from marrying adopted child

148. Visit of adopted child development officers

PART XIII

The Family Court

149. Establishment of the Family Court

There shall be established for each State of the Federation and the Federal Capital Territory, Abuja a court to be known as the Family Court (in this Act referred to as the Court) for the purposes of hearing and determining matters relating to children.

150. Court to have two levels

The Court shall be at two levels‐ ‐

151. General jurisdiction

152. Family Court at the High Court level

153. Family Court at the Magistrate Court level

154. Professionalisation and training of Court personnel

155. Right to counsel, etc.

A child has the right to be represented by a legal practitioner and to free legal aid in the hearing and determination of any matter concerning the child in the Court.

156. Exclusion of persons from attending court

No person, other than‐

157. Prohibition of publication of child's name, etc.

158. Proceedings to be in the interest of the child

The proceedings in the Court shall be conducive to the best interest of the child and shall be conducted in atmosphere of understanding; allowing the child to express himself and participate in the proceedings.

159. Attendance of parents, guardians or child at the hearing in the Court

160. Evidence giving by a child

161. Rules for procedures, fees, etc.

162. Exclusive jurisdiction

PART XIV

Child Minding and Day Care of Young Children

163. Registration, etc., of child minding and day care centre

164. Conditions to be complied with by child minders

165. Conditions to be complied with by persons providing day care for children

166. Cancellation of registration of a child minder

167. Protection of children, emergency cases of cancellation of registration, etc.

168. Powers of the State Government to inspect premises, etc.

169. State Government to give applicant notice of action it intends to take

steps‐

170. Offences under this Part

PART XV

State Government Support for Children and Families

171. Provision of services for Children in need, etc.

172. Day care for pre‐school children

173. Review of provision for day care, children minding, etc.

163 (1) (b) of this Act;

174. Provision of accommodation for children in general

175. Provision of accommodation for children in police protection detention or remand, etc.

176. Reference to child looked after by State Government Where, in this Part of this Act, a reference is made to a child who is looked after by a State Government, that reference is to a child who is‐

177. Duty of State Government to provide for the welfare of children looked after by it

1. a) having regard to the age and understanding of the child, to such wishes and feeling of the child as it has been able to ascertain;

178. Provision of accommodation and maintenance by State Government for children looked after by it

179. Advice and assistance for certain children, etc.

180. Use of accommodation for restricting liberty

181. Review of cases and inquiries into representatives

182. Co‐operation between authorities

183. Consultation with the education authorities

184. Recoupment of cost of providing services, etc.

185. Miscellaneous

PART XVI

Community Homes

186. Securing community homes

187. Directives by Minister to discontinue the use of premises as community homes

188. Determination of disputes relating to controlled and assisted community homes

189. Discontinuance of controlled or assisted community homes

190. Closure by State Government of controlled or assisted community homes

PART XVII

Voluntary Homes and Voluntary Organisations

191. Provision of accommodation by voluntary organisations

192. Registration and regulation of voluntary homes

193. Duties of voluntary organisations

194. Duties of the State Government

PART XVIII

Registered Children's Homes

195. Registration, etc., of children's homes

196. Welfare, etc., of children in homes

197. Persons disqualified from managing, or being employed in children's homes

PART XIX

Supervisory Functions and Responsibilities of The Minister

198. Inspection of children's home, etc., by authorised persons

199. Inquiries

[Editorial Note; Paragraph (f) omitted. Numbering as per Gazette.]

"functions" includes powers and duties which a person has, otherwise than by virtue of any enactment.

200. Minister may direct inquiries to be held in camera

201. Financial support by Minister

202. Research and returns of information

203. Power of Minister to declare State Government, etc., to be default

PART XX

Child Justice Administration General

204. Child to be subjected to only child justice system and processes

No child shall be subjected to the criminal justice process or to criminal sanctions, but a child alleged to have committed an act which would constitute a criminal offence if he were an adult shall be subjected only to the child justice system and processes set out in this Act.

205. Protection of privacy

206. Professional education and training

207. Specialisation within the Nigeria Police Force

208. Use of direction

209. Disposal of case without resort to formal trial

210. Report of the legal status and rights of the child

The legal status and fundamental rights of the child set out in Part II of this Act, and in particular‐

Investigation

211. Initial contact with the child

"harm" includes the use of harsh language, physical violence, exposure to the environment and any consequential physical, psychological or emotional injury or hurt.

212. Detention pending trial

Adjudication

213. Jurisdiction of Court to try child offenders

214. Rights to fair hearing and compliance with due process

215. Guiding principles in adjudication

216. Parents, guardians to attend Court

217. Child justice procedure in Court

218. Remands and committals to State Government accommodation

219. Social inquiry report

220. Power of Court to order parent or guardian to pay fine, etc.

221. Restriction on punishment

222. Detention in case of certain crimes

223. Methods of dealing with child offender

224. Government to provide accommodation

225. Procedure on failure to observe condition of recognisance

226. Binding over of a parent or guardian

227. Forms for corrective orders

228. Operation of corrective order may be suspended

The operation of a correction order may be‐

229. Power to vary corrective order in certain cases

230. Power of manager of an approved institution to grant leave of absence to a child in detention

231. Apprehension without warrant

A child shall, whilst he is detained in or on leave from an approved institution in accordance with the provisions of this Act and also being conveyed to or from the institution, be deemed to be in legal custody an if the child escapes, he may be apprehended without Warrant and brought back to the approved institution.

232. Procedure in case of unruly or depraved person

If the manager of an approved institution is satisfied that a child committed to the approved institutions is of so unruly or depraved a character that it is undesirable that for the child to remain at that institution, he may cause the child to be brought before‐

Non‐institutional Treatment

233. Effective implementation of non‐institutional orders

234. Assistance during rehabilitation

A child in respect of whom an order referred to in section 227 of this Act is made, shall be provided, where appropriate, with necessary assistance, including accommodation, education or vocational training, employment and any other helpful and practical assistance, during the period the order is in force.

235. Mobilisation of voluntary service

Voluntary and other organisations and agencies, individuals and communities shall be encouraged by the Government Departments and agencies responsible for child welfare to contribute effectively to the rehabilitation and development programmes for child offenders.

Institutional Treatment

236. Objective of institutional treatment

237. Recourse of conditional release

238. Research as a basis for planning, policy formulation, etc.

PART XXI

Supervision

239. Appointment of supervision officer

240. Supervision inspectors and supervision inspection service

Inspection Service (in this Part of this Act referred to as "the Supervision Service").

241. Default power where the supervision service fails to discharge its statutory duty

242. Power of Court to make conditional discharge order and supervision order

243. Person named in supervision order.

The person named in supervision order shall be ‐

244. Supervision officer may be relieved of duties

The person named in a supervision order may at any time be relieved or his duties as specified in Section 250 of this Act, and where the person is relieved of his duties or he dies, another person may be substituted by the Court before which the offender is bound by his recognisance to appear to be further dealt with.

245. Duties of supervision officer

A supervision officer shall, subject to the discretion of the Court ‐

246. Power of Court to vary suspension order

The Court before which a child is bound by his recognisance under this Act to appear to be further dealt with may, on the application of the supervision officer, and after notice to the child offender vary the condition of the recognisance and may, on being satisfied that the conduct of that child has been such as to make it necessary that he should remain under supervision, discharge the recognisance.

PART XXII

Approved Institutions and Post‐release Supervision, etc.

247. Approved institutions

Approved Institutions consist of approved children institutions and Special Mothers Centres, all of which shall be established as provided in this Part of this Act.

248. Establishment of approved institutions

249. Declaration of building, etc., as an approved institution

250. Children attendance centres, etc.

251. Responsibilities for approved institutions

252. Officers of approved institutions

253. Visitors and visiting committees

254. Appointment of voluntary visitors

The Director or Comptroller‐General, as the case may be, may authorise such persons as he may, think fit as voluntary visitors to carry out such functions and duties in relation to approved institutions as may be prescribed.

255. Facilities for observation of children in approved institutions

The Minister shall cause to be provided in approved institutions facilities for the observation of any child or youth detained therein on whose physical or mental condition a medical report is required for the assistance of a Court in determining the most suitable method of dealing with this case.

256. Transfer from Children Correctional Centre to Special Children Centre

General to the Minister or Commissioner, as the case may be, shall be made earlier than six months following the date of the order committing the child concerned to the Children Correctional Centre.

257. Release from approved institutions, etc.

Instruction in a Youth Correctional Centre, in which case he shall be transferred to a Youth Correctional Centre.

Release and Post‐ release Supervision

258. Release and supervision after training at the Children Centre

Subject to the provisions of section 257 of this Act, a child ordered to be detained in a Children correctional Centre shall, after his release from the Children Centre, be subject to supervision in accordance with the provisions of section 259 of this Act.

259. Post‐release supervision of children offenders

PART XXIII

The National, State and Local Government Child Rights

Implementation Committees

National Child Rights Implementation Committee

260. Establishment and membership of the National Child Rights Implementation Committee

Development, as Chairman;

261. Functions of National Committee

262. Procedure, etc., at meetings

The National Committee shall determine its own quorum and regulate its own proceedings at any of the meetings.

263. Secretariat of the National Committee

The Secretariat of the National Committee shall be the Ministry responsible for Women Affairs and Youth Developments.

State Child Rights Implementation Committee

264. Establishment and membership of State Child Rights Implementation Committee

265. Functions of the State Committee

266. Procedure at meetings

The state Committee shall determine its own quorum and regulate its own proceedings at any of its meetings.

267. Secretariat of the State Committee

The Secretariat of the State Committee shall be the Ministry responsible for Children.

Local Government Child Rights Implementation Committee

268. Establishment and membership of the Local Government Child Rights Implementation Committee

269. Functions of the Local Government Committee

270. Procedure, etc., at meetings

The Local Government Committee shall determine its own quorum and regulate its own proceedings at any of its meetings.

271. Secretariat of the Local Government Committee

The Secretariat of the Local Government Committee shall be the office of the Chairman of the Local Government.

PART XXIV

Miscellaneous

272. Offences by bodies corporate

If an offence under this Act is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of any director, manager, secretary or other similar officer of a body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, commit an offence and are liable to be proceeded against and punished accordingly.

273. Service of documents

274. Suspension and inconsistency

275. Delegation of powers by the Minister

The Minister may, by order published in the Gazette, delegate any of his powers under this Act, other than the power to make regulations, to the appropriate Commissioners in the States.

276. Forms in the Eleventh Schedule

The forms set out in Part 1 of the Eleventh Schedule to this Act shall have effect with respect to the matter specified therein.

277. Interpretation

In this Act‐

"act" includes an omission;

"adoption service" means an adoption service established under section 128 of this Act;

"age of majority" means the age at which a person attains the age of eighteen years;

"appropriate education authority" means the Ministry of Education of the State concerned;

"approved institution" has the meaning assigned to in section 285 of this Act;

"care order" has the meaning given by section 53 (1) (a) of this Act and also includes any order which by or under any enactment has the effect of, or is deemed to be, a care order for the purposes of this Act; and any reference to a child who is in the care of an authority is a reference to a child who is in its care by virtue of a care order;

"child assessment order" means an order made under section 41 (1) of this Act;

"child fostered privately" and "to foster a child privately" have the same meaning as in section 120 of this Act;

"child in need of special protection measures" includes a child who is mentally or physically disabled and a street child;

"child minder" has the meaning given by section 163 of this Act;

"child" means, a person under the age of eighteen years;

"child of the family" in relation to the parties to a marriage, means‐

"children's home" means a children's home registered under section 195 of this Act;

"Commissioner" means the Commissioner charge with responsibility for matters relating to children in the State and "Ministry" shall be construed accordingly;

"community home" has the meaning assigned to it under section 186 of this Act;

"contact order" has the meaning assigned to it under section 55 (9) of this Act;

"court" means the Family court established under section 149 of this Act;

"day care" has the meaning assigned to it under 'section 163 of this Act;

"disabled" in relation to a child has the same meaning as the section 178 (8) of this Act;

"domestic premises" has the meaning assigned to it under section 168 (1)(a) of this Act;

"education supervision order" means an order under section 58 (1) of this Act

"education authority" means the Ministry of Education of a State;

"emergency protection order" means an order under section 42 (1) of this Act;

"family proceedings" means proceeding under the jurisdiction of a court under this Act with respect to children;

"foster parent" has the meaning assigned to it under section 118 of this Act;

"functions" includes powers and duties;

"Government hospital" means a hospital established or managed by any Government of the Federation;

" Governor " means the Governor of a State;

"guardian of a child" means a guardian (other than a guardian of the estate of a child) appointed in accordance with the provisions of section 85 (1) of this Act;

"harm" has meaning assigned to it under section 35 of this Act;

"health authority" means the Ministry of Health of a State;

"ill‐treatment" has the meaning assigned to it under section 50(1),(b) of this Act;

"independent school" means a privately owned school;

"Minister" means the Minister charged with responsibility for matters relating to children and

"Ministry" shall be construed accordingly;

"parental responsibility" means ‐

"parental responsibility agreement" has the meaning assigned to it under section 68 of this Act

"prescribed" means prescribed by regulations made under this Act;

"prohibited steps order" has the meaning assigned to it under ,section 55 (9) of this Act;

"protected child" has the same meaning as in Part IV of this Act;

"registered children's home" has the meaning assigned to it under Section 199 of this Act;

"relative" in relation to a child, means a grandparent, brother, sister, uncle, niece or nephew, aunt whether of the full blood or half blood or by affinity or step ‐parent;

"responsible person" in relation to a child who is the subject of a supervision order, has the

meaning assigned to it under paragraph 1 of the Second Schedule to this Act;

"school" has the meaning assigned to it in the Education (National Minimum Standards and Establishment of Institution, Act;

"secure accommodation" means accommodation which is provided in a community home for the purpose of restricting liberty;

"service" in relation to any provision made under Part XV of this Act, includes a facility;

"signed" in relation to any person, includes the making by the person of his mark;

"special education" means the meaning assigned to it in the Education (National Minimum Standards and Establishment of Institutions) Act; .

"special educational needs" means the needs of children who are receiving special education;

"specific issue order" has the meaning assigned to it under section 55 (9) of this Act;

"State Government foster parent" has the same meaning assigned to it under Part XI of this

Act;

"supervised child" and "supervisor" in relation to a supervision order or an education supervision order, means respectively, the child who is, or is to be under the supervision and the person under whose supervision he is, or is to be, by virtue or the order;

"Supervision Inspection Service" has the meaning assigned to it under section 240 of this Act;

"supervision order" has the meaning assigned to it under section 53(b) of this Act;

"upbringing" in relation to any child, includes the care of the child but not his maintenance

"voluntary home" has the meaning assigned to it under section 191 (1)(i) of this Act;

"voluntary organisation" means a body other than a public or State authority) whose activities are not carried on for profit;

"accommodation" means an accommodation which is provided for a continuous period of more than 24 hours;

"a person authorised to seek access" means‐

"appropriate authority" means the Minister or Commissioner charged with the responsibility for matters relating to education or the authority in charge of an approved institution for treatment and training of the child;

"appropriate authority" means a person who is an appropriate authority for the purpose of section 52 as defined in section 61(1)(c) of this Act;

"appropriate authority" means the State Government in whose State it is proposed to foster the child concerned;

"appropriate authority" means the State Government or any other body having responsibility for the welfare of children looked after by the State Government;

"appropriate authority" means the State Government or voluntary organisation responsible for the management of a community home;

"appropriate officers" means such officers as may be assigned by the Ministry with the responsibility for carrying out the investigation referred to in Subsection (1) of this section; .

"an approved accommodation" includes -

"approval child care training" means child care training which is approved by the Minister;

"child care training" means training undergone by any person with a view to, or in the course of‐

"Commission" means the National Population Commission established under the National Population Commission Act' "

"Comptroller‐General" and the Comptroller General of the Nigeria Prison Service;

"contact order" has the meaning assigned to it under section 55(9) of this Act

"contact order" means an order requiring the person with whom a child lives, or is to live, to allow the child to visit or stay with the person named in the order or for that person and the child concerned to have contact with each other;

"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; .

"development" means physical, intellectual, emotional, social or behavioural development;

"Director" means the Federal or State Director responsible for matters relating to children in the Ministry.

"domestic premises" means any premises which is wholly or mainly used as a private dwelling; and

"family" in relation to a child, includes a person who has parental responsibility for the child and a person with whom the child is living or has been living; ‐

"fit and proper person" includes an appropriate authority;

"foster parent" means a person, with whom children are placed, from time to time, by an appropriate

authority or a voluntary organisation;

"Foster parent" means a person

"Governor" means the Governor of a State;

"guardian" means a person who is the guardian of a child by virtue of the provisions of this Act or a person lawfully appointed to be guardian of the child by deed or will or by an order of a court of competent jurisdiction or by operation of law;

"harm" means ill‐treatment or the impairment of physical, mental, intellectual, emotional, or behavioural health or development;

"harmful publication" means any book magazine, film, picture, video or audio tape or print or other medium which is a kind targeted at or likely to fall into the hands of children and which consists wholly or mainly of stories told in pictures with or without the addition of written matter or video film and cassette tape, which contains pictures or stories which portray harmful information, such as‐

"health" means physical, emotional or mental health;

"home" includes an institution;

"imprisonable offence" means an offence punishable, in the case of an audit, with the death penalty or imprisonment only, without the option of fine;

"manager" means the supervisor, principal or person in charge of an approved institution;

"non‐institutional order" means an order, made by the Court on the disposal of a case, which does not involve a child offender being placed in an institution;

"nursing mother" means a mother whose child is not more than two years old;

"photographic film" includes photographic plate;

"photographic plate" means any plate treated as to reproduce or be intended to reproduce an image of a subject when photographed;

"plate" except where it occurs in the expression "photographic plate" includes any book, mould matrix and stencil;

"premises" includes vehicle, caravan and cabin;

"prohibited steps order" means an order that no step, which could be taken by a parent in meeting his parental responsibility for a child and which is of a kind specified in the order, shall be taken by any person without the consent of the Court;

"Register of Birth" means the Register of Birth kept by the Commission;

"relevant establishment" means any establishment which is mentioned in paragraphs 3 and 4 of Schedule 6 to this Act and includes a hospital, school and other establishments, exempted from the registration requirements which apply in relation to the provision of day care; and

"residence order" means an order setting out the arrangements to be made as to the person with whom a child is to live; and

"review period" means the period of one year beginning with the commencement of this Act and each subsequent period of three years beginning with an anniversary of that commencement;

"scientific sample" means any blood, tissue or any other sample taken for the purpose of conducting a scientific test;

"scientific test" means any test carried out under this Part of this Act, and includes any test made with the object of ascertaining the inheritable characteristics of blood, tissue, or any other sample;

"secure accommodation" means accommodation provided for the purpose of restricting the liberty of children;

"secure accommodation" means accommodation which is provided in a community home for the purpose of restricting liberty ;

"sexual offence" and "violent offence" have the meanings assigned to them in the relevant code of criminal law;

"skin mark" means any ethnic or ritual cuts on the skin which leaves permanent marks; and

"specific issue order" means an order giving directions for the purpose of determining a specific question which has arisen, or which may arise, in connection with any aspect of parental responsibility for a child;

"specified proceedings" means any proceedings

"State Government accommodation" means accommodation provided by or on behalf of as Government within the meaning of Part XV of this Act;

"street child" include‐

"supervised activity" means an activity supervised by a responsible person;

"supervision" consists of such supervision as is provided for in Part XXI to this Act;

"tattoo" means the insertion into the skin of colouring material designed to leave permanent marks;

"the appropriate education authority" means the Ministry of Education of the State;

"the person responsible for the child" means a person who, for the time being, has care of the child by virtue of a care order, or under section 58 of this Act, as the case may be;

"the relevant period" means -

"voluntary home" means any home or other institution providing care and accommodation for children which is managed by a voluntary organisation but does not include‐

A reference in this section‐

278. Citation

This Act may be cited as the Child's Rights Act, 2003.

SCHEDULES

FIRST SCHEDULE

[Section 55 (14).]

FINANCIAL PROVISION FOR CHILDREN

Orders for financial relief against parents

1. (1) On an application made by a parent or guardian of a child, or by any person in whose favour a residence order is in force with respect to a child, the Court may‐

2. (1) If on an application by a person who has attained the age of eighteen years, it appears to the Court‐

Duration of orders for financial relief

3. (1) The term to be specified in an order for periodical payments made under paragraph 1 (2) (a) or (b) of this Schedule in favour of a child may begin with the date of the making of an application for the order in question or any later date but shall not‐

Matters to which Court is to have regard in making orders for financial relief

4. (1) In deciding whether to exercise its powers under paragraph 1 or 2 of this Schedule and if so, in what manner, the Court shall have regard to all the circumstances of the case, including‐

Provisions relating to lump sums

5. (1) Without prejudice to the generality of paragraph 1 of this Schedule, an order under that paragraph for the payment of a lump sum may be made for the purpose of enabling any liabilities or expenses‐

6. (1) In exercising its powers under paragraph 1 or 2 of this Schedule to vary or discharge an order for the making or securing of periodical payments, the Court shall have regard to all the circumstances of the case, including any change in any of the matters to which the court was required to have regard when making the order.

Variation of orders for secured periodical payments after death of a parent

7. (1) Where the parent liable to make payments under a secured periodical payments order has died, the person who may apply for the variation or discharge of the order include the personal representatives of the deceased parent.

8. (1) This paragraph applies where a residence order is made with respect to a child at a time when there is in force an order ("the financial relief order") made under any enactment other than this Act and requiring a pen to contribute to the child's maintenance.

Interim Orders

9. (1) Where an application is made under paragraph 1 or 2 of this Schedule, the Court may, at anytime before it disposes of the application, make an interim order‐

Alteration of maintenance agreements

10. (1) In this paragraph and in paragraph 11 of this Schedule, "maintenance agreement" means any agreement in writing made with respect to a child, whether before or after the commencement of this paragraph, which‐

11. (1) Where a maintenance agreement provides for the continuation, after the death of one of the parties, of payments for the maintenance of a child, the surviving party or the personal representatives of the deceased party may apply to the Court for an order under paragraph 10 of this Schedule.

Enforcement of orders for maintenance

12. (1) Any person for the time being under an obligation to make payments in pursuance of any order for the payment of money made by a Court at the Magisterial level under this Act shall give notice of any change of address to such person (if any) as may be specified in the order.

Direction for settlement of instrument by registrar

13. Where the Court decides to make an order under this Act for the securing of periodical payments or for the transfer or settlement of property, it may direct that the matter be referred to one of the Registrars of the Court to settle a proper instrument to be executed by all necessary parties.

Financial provisions for child resident in a country outside Nigeria

14. (1) Where one person of a child lives in a State and the child lives outside the State with‐

State Government contribution to child maintenance

15. (1) Where a child lives, or is to live, with a person as the result of a residence order, the State Government may make contributions to that person towards the cost of the accommodation and maintenance of the Child.

Interpretation

16. (1) In this Schedule‐

SECOND SCHEDULE

[Section 57 (2), 58 (8) and 60 (9).]

Supervision Orders

PART I

General

Meaning of "responsible person"

1. For the purposes of this Schedule, a responsible person, in relation to a supervised child‐

2. (1) A supervision order may require the supervised child to comply with any direction given from time to time by the supervisor which requires the supervised child to do all or any of the following things‐

Imposition of obligations on responsible person

3. (1) With the consent of any responsible person, a supervision order may include a requirement

Psychiatric and medical examination

4. (1) A supervision order may require the supervised child‐

Psychiatric and medical treatment

5. (1) Where a Court which proposes to make or vary a supervision order is satisfied on the evidence of a medical practitioner that the metal condition of the supervised child

PART II

Miscellaneous

Life of supervision order

6. (1) Subject to subparagraph (2) of this paragraph and section 54 of this Act, a supervision order shall cease to have effect at the end of the period of one year beginning with the date on which it was made.

Limited life of directions

7. (1) The total number of days in respect of which a supervised child or (as the case may be) a responsible person may be required to comply with directions given under paragraph 2 or 3 of this Schedule shall not exceed ninety days or such lesser number (if any) as the supervision order may specify.

Information to be given to supervisor, etc.

8. (1) A supervision order may require the supervised child‐

9. (1) A supervision order shall not designate a State Government as the supervisor unless‐

Effect of supervision order on earlier orders

10. The making of a supervision order with respect to a child brings to an end any earlier care order or supervision order which‐

11. (1) The Minister may make regulations with respect to the exercise by a State Government of its functions where a child has been placed under its supervision by a supervision order,

PART III

Education Supervision Orders

Effect of orders

12. (1) Where an education supervision order is in force with respect to a child, the supervision shall‐

13. (1) Where an education supervision order is in force with respect to a child, the duties of the child's parents under this Act to secure education for the child and to secure regular school attending at School shall be superseded by their duty to comply with any directions in force under the education supervision order.

Effect where child also subject to supervision order

14. Where an education supervision order and a supervision order, are in force at the same time with respect to the same child, any failure to comply with a direction given by the supervisor under the education supervision order shall be disregarded if it would not have been reasonably practicable to comply with it without failing to comply with a direction given under the other order.

Duration of orders

15. (1) An education supervision order shall have effect for a period of one year, beginning with the date on which it is made.

Information to be given to supervisor, etc.

16. (1) An education supervision order may require the child‐

Discharge of orders

17. (1) The Court may discharge an education supervision order on the application of

18. (1) If a parent of a child with respect to whom an education supervision order is in force persistently fails to comply with a direction given under the order he commits an offence.

Persistent failure of child to comply with directions

19. (1) Where a child with respect to whom an education supervision order is in force persistently fails to comply with any direction given under the order, the education authority concerned shall notify the State Government.

Miscellaneous

20. The Minister may by regulations make provisions modifying, or displacing, the provisions of any enactment about education in relation to any child with respect to whom an education supervision order is in force to such extent as appears.

THIRD SCHEDULE

[Section 100.]

Application for Wardship

Application for wardship shall‐

FOURTH SCHEDULE

[Sections 112 (2), 120 (3), 122 (5)]

PART I

Foster Parents: Limits on number of Foster Children

Fostering Children

1. For the purposes of this Schedule, a person fosters a child if

The usual fostering limit

2. Subject to the following paragraphs of this Schedule, a person may not faster more than three children which is the usual fostering limit.

Siblings

3. A person may exceed the usual fostering limit if the children concerned are all siblings with respect to each other.

Exemption by State Government

4. (1) A person may exceed the usual fostering limit if he is exempted from it by the Government of the State he lives in.

Effect of exceeding fostering limit

5. (1) A person shall cease to be treated as fostering children and shall be treated as carrying on a children's home if‐

Complaints, etc.

6. (1) Every State Government shall establish a procedure for considering any representations (including any complaint) made to it about the discharge of its functions under paragraph 4 of this Schedule by a person exempted or seeking to be exempted under that paragraph.

PART II

[Section 112.]

Forms of Fostered Children Register

Registry............. Town ...........L.G.A ..........State..........

1.

2. 3. 4. 5. 6. 7. 8.

No. of entry

Date of entry Name of

Fostered Child

(enter name as stated in Fostering Order)

Sex of Fostered Child (enter sex as stated in adoption Order)

Name and surname address and occupation of foster parents

(enter name address and occupation as stated in adoption Order)

Date of birth of child (enter date of birth (if any directed by the adoption Order to be entered but other entry

Date of fostering

Order and description of Court by which made(entry to be as appearing on the Fostering order)

Signature of Officer deputed by

Chief Registrar to attest entry

PART III

CHILDREN FOSTERED PRIVATELY

Exemptions

1. A child is not fostered privately while he is being looked after by a State Government.

2. (1) A child is not fostered privately while he is in care of any person‐

3. A child is not fostered privately while‐

Power of State Government to impose requirements

4. (1) Where a person is fostering a child privately, or proposes to foster any child privately, the appropriate authority may impose on him requirements as to‐

Regulations requiring notification of fostering, etc.

5. (1) The Minister may by regulations make provisions as to‐

Appeals

6. (1) A person aggrieved by‐

Extension of Part XI to certain school children during holidays

7. (1) Where a child under the age of sixteen years who is a pupil at a school which is not maintained by a State Government lives at the school during school holidays for a period of more than two weeks, Part XI of this Act shall apply in relation to the child as if‐

Prohibition of advertisements relating to fostering

8. No advertisement indicating that a person will undertake, or will arrange for, a child to be fostered privately shall be published, unless it states that person's name and address.

Avoidance of insurance on lives of children fostered privately

9. A person who fosters a child privately and for reward shall be deemed for the purposes of the Insurance Act 1991 to have no interest in the life of the child.

PART IV

[Section 120.]

CHILD'S RIGHT ACT 2003

Declaration regarding Suitability to Foster Children Privately

(To be completed by all members of the household over 16 years)

Full Name ..............

Date of birth .............

Address ..............

..............

Have you ever YES NO

Please tick

1. Been convicted of any offence involving a child.......... ( ) ( )

2. Had a child removed from your care by the order of any court or State

Government............... ( ) ( )

3. Had registration under part XIV of the Children Act refused or cancelled (children

minding) ........ ( ) ( )

4. Had your right and duties with respect to a child vested in a State Government

.............. ( ) ( )

5. Had a prohibition imposed on you at any time ......... ( ) ( )

6. Disqualified from acting as a foster parent ........... ( ) ( )

If you have answered "yes" to any of the above questions please supply the dates and circumstances.

......... ...............

Date Signed

Section 124 (3) (a) of the Children Act, 2003, provides that a person who makes any statement in this notice or information which he knows to be false or misleading commits an offence and liable on summary conviction to fine not exceeding five thousand naira.

PART V

[Section 120 (1) AND (2).]

Additional Provisions relating to Private Arrangements for Fostering General Welfare of Children

1. (1) In carrying out functions under section 123 of this Act, as to the welfare of children who are fostered privately within its States, a State Government (including an officer of the State Government making a visit under paragraph 2 of this Part of this Schedule) shall satisfy itself on such of the matters specified in subparagraph (2) of this paragraph as are relevant in the particular circumstances.

Visits to children

2. (1) A State Government shall make arrangements for each child who is fostered privately within the State to be visited by an officer of the State Government from time to time as the State Government considers necessary in order to safeguard and promote the welfare of the child and when reasonably requested by the child or foster parent and in particular‐

Notifications by prospective and actual foster parents

3. (1) Any person who proposes to foster privately, a child for whom he is not already caring and providing accommodation, shall notify the appropriate authority not less than six weeks, nor more than thirteen weeks before he receives the child, unless he receives him in an emergency.

Notifications by former foster parents

4. (1) Subject to subparagraphs (2) and (3) of this paragraph, any person who has been fostering a child privately, but has ceased to do so, shall notify the appropriate authority within 48 hours and shall include in the notice the name and address of the person into whose care the child was received.

Other Notifications

5. (1) Any person who is, or proposes to be, involved (whether or not directly) in arranging for a child to be fostered privately shall notify the appropriate authority not less than six nor more than thirteen weeks before the fostering arrangement begins unless the fostering arrangement is made in an emergency in which case the notification shall be not more than 48 hours after the fostering arrangement begins.

6. Any notice required under paragraph 3 to 5 shall be given in writing and may be sent by post.

PART VI

[Sections 122 and 197 (1)(2).]

Disqualification from Caring For Children

Disqualification from fostering a child privately or Registration

under Part XI of this Act

1. For the purpose of section 122 of this Act (person disqualified from being private foster parents) and of paragraph 2 of the Sixth Schedule to this Act (disqualification from registration) a person is disqualified from fostering a child privately or registering under section 163 of this Act (registration for child‐minding and day care) if‐

Disqualification in relation to Voluntary Homes

2. (1) A person who is disqualified under section 122 of this Act from fostering a child privately shall not carry on, or be otherwise concerned in the management of or have any financial interest in a voluntary home unless he has‐

FIFTH SCHEDULE

[Section 130 (2) and (142) (2).]

Form of Adopted Children's Register

Registry............... Town ............L.G.A .........State..........

1. 2. 3. 4. 5. 6. 7. 8.

No. of entry Date of entry Name of

Fostered Child

(enter name as stated in Fostering Order)

Sex of Fostered Child (enter sex as stated in adoption Order)

Name and surname

address and occupation of

foster parents (enter name address and occupation as stated in adoption Order)

Date of birth of child (enter date of birth (if any directed by the adoption

Order to be entered but other entry

Date of fostering Order and description of Court by which made(entry to be as appearing on the Fostering order )

Signature of Officer deputed by Chief Registrar to attest entry

SIXTH SCHEDULE

[Sections 166(1) (2), 169(1) (c), and (d), 170(9) (10) and (11).]

Child‐Minding and Day Care for Young Children

Applications for Registration

1. (1) An application for registration under section 163 of this Act shall be of no effect unless it contains‐

Disqualification from Registration

2. (1) A person may not be registered under section 163 of this Act if he is disqualified by regulations made by the Minister for he purposes of this paragraph.

Exemption of certain schools

3. (1) Sections 168 of this Act does not apply in relation to any child looked after in any‐

Exemption for other establishments

4. (1) Section 168 (1) (b) of this Act does not apply in relation to any child looked after in‐

Exemption for occasional facilities

5. (1) Where day care for children under the age of six years is provided in particular premises on less than six days in any year, that provision shall be disregarded for the purposes of Section 168 of this Act if the person making it has notified the State government in writing before the first occasion on which the premises concerned are so used in that

Certificate of registration

6. (1) Where a State Government registers a person under section 168 of this Act it shall issue him with a certificate of registration.

Fees for annual inspection of premises

7. (1) Where‐

It shall serve on that person a notice informing him that the inspection is to be carried out and requiring him to pay to it such fee as may be prescribed.

ANNEX A

[Paragraph 1 (1) (a).]

Information to be provided about the Applicant

1. The full name of the applicant, including (if different) name at birth and any other former names, or where day care is to be provided by a partnership, committee or body corporate or un‐incorporate, the full names of the partners, members of the committee, Board of Directors, or the Board, identifying the Chairman, Secretary and Treasurer and the person in charge.

2. The address at which the children are to be looked after and the address of the applicant and of the person in charge, if different.

3. Whether the premises at which the children are to be looked after is a domestic premises.

4. In the case of day care, a description of the facilities available to the applicant for day care, including the number of rooms, their functions, the numbers of lavatories and washbasins, any separate facilities for adult workers and access to the premises for cars.

5. Whether the applicant wishes to register as child minder, or as a provider of day care, and if the latter whether he will provide full day care or sessional day care.

6. In the case of day care the proposed hours for which the applicant wishes to provide day care.

7. Relevant experience of the applicant and any person in charge, including any previous work with children or with elderly or disabled persons, whether paid or not.

8. The number and ages of any children of the applicant or the person in charge or any children for whom either is to be responsible.

9. Any relevant qualifications (with dates) of the applicant or the person in charge giving details of the organisation running the course, the subjects studied, the length of the course and the name of the qualifications.

10. The names of two referees for the applicant or the person in charge who may be contacted.

11. The name and addressees of the medical practitioner of the applicant or of the person in charge and whether he may be approached for details concerning the state of health of the applicant or person in charge, together with details of anything for which he is currently being treated by his medical practitioner or by a hospital and details of any hospital admissions during the last 2 years and of any serious illness in the last five years.

12. Details of any criminals convictions of the applicant or the person in charge, including:

ANNEX B

[Paragraph 1 (1) (b).]

Information to be Provided about any Person Assisting or likely to Assist, or Living or Likely to live in the Premises

1. In the case of child minders, names and date of birth of anyone living (or likely to be living) in the premises in which they intend to look after children, including numbers of the family and lodge's and the name and address of any person assisting (or likely to be assisting) in looking after the children.

2. In the case of day care applicants, names and dates of birth of anyone living (or likely to be living) on the premises to be used for a day care, details on how many staff will be employed in looking after the children and in what capacity, details of any person in charge, any other person assisting (or likely to be assisting) in looking after children on the premises in question, with their names and addresses.

3. Details of any criminal conviction of any of the person mentioned In subparagraphs I and 2 of this

Annex, including‐

SEVENTH SCHEDULE

[Section 174 (4), (5), and 178(9).]

State Government Support for Children and Families

PART 1

Provision of Services for Families

Identification of children in need and provision of information.

1. (1) Every State Government shall take reasonable steps to identify the extent to which there are children in need within their area.

Maintenance of a register of disabled children

2. (1) Every State Government shall open and maintain a register of disabled children within the State.

Assessment of Children's needs

3. Where it appears to a State Government that a child within the State Government is in need, the State Government may assess his needs for the purposes of this Act at the same time as any assessment of his needs is made under any other enactment.

Prevention of neglect and abuse

4. (1) Every State Government shall take reasonable steps, through the provision of services under Part XV of this Act, to prevent children within the State from suffering ill‐treatment or neglect.

Provision of accommodation in order to protect child

5. (1) Where‐

Provision for disabled children

6. Every State Government shall provide services designed‐,‐

Provision to reduce need for care proceedings, etc.

7. Every State Government shall take reasonable steps designed‐

Provision for children living with their families

8. Every State Government shall make such provision as it considers appropriate for the following services to be available with respect to children in need within the State while they are living with their families‐

Family Centres

9. (1) Every State Government shall provide such family centres as they consider appropriate in relation to children within the State.

Maintenance of the family home

10. Every State Government shall take such steps as are reasonably practicable, where any child within the State who is in need and whom it is not looking after is living apart from his family‐

Duty to consider religious persuasion, etc., to which children in need belong

11. Every State Government shall, in making any arrangements‐

PART II

Children looked after by State Governments

Regulations as to placing of children with State Government foster parents

12. Regulations under section 178 of this Act may, in particular, make provisions‐

Government as may be prescribed;

Regulations as to arrangements under section 178

13. Regulations under section 178 (2) of this Act may, in particular, make provisions as to‐

Regulations as to conditions under which child in care is allowed to live with parent, etc.

14. Regulations under section 178 of this Act may, in particular, impose requirements on a State Government as to‐

Promotion and maintenance of contact between child and family

15. (1) Where a child is being looked after by a State Government, the State Government shall, unless it is not reasonably practicable or consistent with his welfare, endeavour to promote contact between the child and‐

Are kept informed of where he is being accommodated; and

Visits to or by children: expenses

16. (1) This paragraph applies where ‐

Appointment of visitor for child who is not being visited

17. (1) Where it appears to a State Government in relation to a child that it is looking after that‐

Power to guarantee apprenticeship deeds, etc.

18. (1) While a child is being looked after by a State Government, or is a person qualifying for advice and assistance, the State Government may undertake any obligation by way of guarantee under a deed of apprenticeship which he enters into.

Arrangements to assist children to live abroad

19. (1) The State Government may only arrange for, or assist in arranging for, any child in their care to live outside the State with the approval of the Court.

(d ) every person who has parental responsibility for the child has consented to his living in that State.

20. (1) If a child who is being looked after by a State Government dies, the State3 Government -

PART III

Contribution towards maintenance of children looked after by State Governments

Liability to contribute

21. (1) Where a State Government is looking after a child (other than in the cases mentioned in Sub paragraph (7) of this paragraph), it shall consider whether it should recover contributions towards the child's maintenance from any person liable to contribute ("a contributor").

Agreed contributions

22. (1) Contributions towards a child's maintenance may only be recovered if the State Government has served a notice ("a contribution notice") on the contributor specifying‐

Contribution orders

23. (1) Where a contributor has been served with a contribution notice and has‐

Enforcement of contributions orders, etc.

24. (1) A contribution order made by the Court at the Magisterial level shall be enforceable as a magistrates' Court maintenance order.

Regulations

25. The Minister may make regulations‐

EIGHT SCHEDULE

[Sections 184 (9) and 186(6)]

PART I

Management and Conduct of Community Homes

Instruments of management for controlled and assisted community Homes

1. (1) The Minister may by order make an instrument of management providing for the constitution of a body of managers for any voluntary home which is designated as a controlled or an assisted community home.

"designated", means designated in accordance with Section 190 of this Act; and

"foundation managers", in relation to a voluntary home, means those of the managers of the home

who are not appointed; by a State Government in accordance with subparagraph (5) of this paragraph.

2. (1) An instrument of management shall contain such provisions as the Minister considers appropriate.

PART II

Management of Controlled and Assisted Community Homes

3. (1) The management, equipment and maintenance of a controlled community home shall be the responsibility of the State Government specified in its instrument of management.

"home" means a controlled community home or an assisted community home, as the case may be; and

"managers", in relation to a home, means the managers constituted by its instrument of management; and

"responsible body", in relation to a home, means the State Government or voluntary organisation, as the case may be, responsible for its management, equipment and maintenance.

PART III

Regulations

4. (1) The Minister may make regulations‐

NINTH SCHEDULE

[Section 194 (5) (c).]

Voluntary Homes and Voluntary Organisations

PART I

Registration of Voluntary Organisations

General

1. (1) An application for registration under this paragraph shall‐

Procedure

2. (1) Where‐

Right to make Representations

3. (1) A notice under paragraph 2 of this Schedule shall state that within 14 days of service of the notice any person on whom it is served may (in writing) require the Minister to give him an opportunity to make representations to the Minister concerning the matters.

Decision of Minister

4. (1) If the Minister decides to adopt the proposal he shall serve notice in writing of his decision on any person on whom he was required to serve notice of his proposal.

Appeals

5. (1) An appeal against a decision of the Minister under Pan XVII of this Act shall lie to the Court at the High Court level.

Notification of Particulars with respect to Voluntary Homes

6. (1) It shall be the duty of the person in charge of any voluntary home established after the commencement of this Act to send to the Minister within three months from the establishment of the home such particulars with respect to the home as the Minister may prescribe.

PART II

Regulations as to Voluntary Homes

Regulations as to Conduct of voluntary homes

7. (1) The Minister may make regulations‐

Disqualification

8. The Minister may by regulations make provision with respect to the disqualification of persons in relation to voluntary homes of a kind similar to that made in relation to children's homes by Section 201 of this Act.

TENTH SCHEDULE

[Section 195 (8).]

Registered Children's Homes

PART I

Registration

Application for Registration

1. (1) An application for the registration of a children's home shall be made‐

Conditions imposed on Registration

2. (1) A State Government may grant 1n application for registration subject to such conditions relating to the conduct of the home as it thinks fit.

Annual review of Registration

3. (1) In this Part of this Schedule, "the responsible authority", in relation to a registered children's home means the State Government which registered the children's home.

Cancellation of Registration

4. (1) The person carrying on a registered children's home may at any time make an application, in such manner and including such particulars as may be prescribed, for the cancellation by the responsible authority of the registration of the home.

Procedure

5. (1) Where‐

Part XVII of this Act; or

Right to make Representations

6. (1) A notice under paragraph 5 of this Schedule shall state that within fourteen days of service any person on whom it is served may in writing require the State Government to give him an, opportunity to make representations to them concerning the matter.

Decision of State Government

7. (1) If the State Government decides to adopt its own proposal to grant an application, it shall serve notice in writing of its decision on any person on whom it is required to serve notice of its proposal.

Appeals

8. (1) An appeal against a decision of a State Government under Pan XVIII of this Act, shall lie to the Court at the High Court level.

Prohibition on further Application

9. (1) Where an application for the registration of a home is refused, no further application may be made within the period of six months beginning with the date when the applicant is notified of the refusal.

PART II

Regulations and Interpretation

10. (1) The Minister may make regulations‐

11. In this Schedule‐

"relevant requirements" means any requirements of Part XVIII of this Act and of any regulations made under paragraph 10 of this Schedule, and any conditions imposed under paragraph 2 of this Schedule;

"responsible authority" in relation to a registered children's home means the State Government which register the children's home.

ELEVENTH SCHEDULE

[Section 276.]

Forms in relation to Parts VI, XX And XXI of this Act

1. FORM FOR COMMITTAL ORDER BY THE FAMILY COURT

Committal Order Form

In the Family Court of ...........State

The......level............Town

Let the *boy or girl known by the name of.............

whose description appears below be taken to ............

(Name of Institution or Person)

and be there detained in the custody and care of‐

.......subject to the provision of this Act.

(the person in charge of the said institution or the name of the said person)

This Committal Order shall remain in force from the date thereof up to and inclusive of the...

...........day of .......20........

DESCRIPTION

Name ......Sex.....Age ........

Tribe or community ......

Name and address of father.........

Name and address of mother ...........

Description of child.....

Reason for issue of committal order......

DATED this ...........day of .......,20..........

Judge .....Division/Level

Magistrate............Division/Level

Confirmed this ..............day ..............of .............20..........

.....

Judge/Magistrate

*Delete as required

___________________

2. GENERAL TITLE FORM

In the Family Court of..... District High Court/Magisterial Level

Case No .............20 ........

Between...........Complainant/Applicant

And.............Defendant/Respondent

3. FORM FOR WARRANT FOR APPREHENSION OF CHILD

(GENERAL TITLE ‐ FORM 2)

......... Complaint on oath been made on

The.....day of...... , 20............

By.......CD ........

that .......AB a child, on the..........

day of ............., 20.............. at .....

............in the Judicial Division/Magisterial District aforesaid did/has been/is*

...... ..........

* State the substance of the offence or the description as mention in section 156 or 157.

You are therefore hereby commanded to bring the said AB before the Family Court aforesaid sitting

at .............. forthwith to answer the said complaint.

DATED this .............day of .............20 ..............

.......

Magistrate

____________________

4. FORM FOR REMAND AND COMMITTAL TO STATE

Accommodation and Approved Institutions

[Sections 247, 248,249, 251 and 252]

(GENERAL TITLE ‐ FORM 2)

To...............and to the person/officer in charge of

the Approved Institution at ..........

..............hereinafter called the place of detention.

AB hereinafter called the defendant, being a child brought before the aforesaid Family Court sitting

at ............. charged with having*

...................

(State the substance of the offence)

The hearing of the case being adjourned‐

You, the said Police Officer, are hereby commanded to convey the defendant to the place of detention,

and there to deliver him/her to the person/officer in charge thereof, together with this warrant, and

you, the person/officer in charge of the said place of detention, to receive him/her into your custody,

and unless he/she shall have been bailed in the meantime, keep him/her until the ...........

day of ............20............ and on that day you, the said Police Officer, are required

to convey him/her before the aforesaid Family Court sitting at .............

the hour of........ in the ......noon, to be further dealt

with according to law, unless otherwise ordered in the meantime.

DATED this .........day of ...... 20 ..............

........... ......

Judge/Magistrate

_________________

5. FORM FOR SUMMONS FOR ATTENDANCE OF PARENT OR GUARDIAN,

[Sections 216(2).]

(GENERAL TITLE ‐ FORM 2)

To CD of ................

AB, a child of whom you are stated to be the parent/guardian is charged for that he on the.......

day of .......... 20 ........at...............

............in the.....

Judicial Division/Magisterial District aforesaid did *........

..................

* State the substance of the offence

You are therefore summoned to appear before the Family Court sitting at ......

On the........day of ......, 20..............,

at the hour of............... in the ..........noon,

and during all the stages of the proceedings.

DATED this .......day of ......20...............

...........

Judge/Magistrate

__________________

6. FORM FOR NOTICE TO PARENT OR GUARDIAN :CARE OR PROTECTION

(GENERAL TITLE ‐ FORM 2)

To CD of.......the parent/guardian of AB, a child.

Take notice that AB, a child is to be brought before Family Court sitting at.......

the ...........day of............., 20............,

at the hour of ..............in the ...........noon,

by virtue of the provisions of section of the Children Act on the ground that *.........

..................

*State the ground of application and that you are warned to attend the said court during all the stages

of the proceedings.

DATED this ............day of .........., 20 ...........

..............

Police Officer /Authorised Officer

NOTE ‐A copy of this notice is to be sent to the Registrar of the Family Court.

___________________

7. FORM FOR SUMMONS TO PARENT TO CONTRIBUTE

[Sections 52.]

(GENERAL TITLE ‐ FORM 2)

To .................

of.........

Complaint has been made this day by......... that you are

the father/step‐father/mother/step‐mother (or a person co‐habiting with the mother) of AB, a child (or a person in whose care and custody AB, a child, has been residing for two years immediately prior to

the .........day of ..... 20 ..........),

said AB, and that on the (said) ...............day of ............, 20 .............,

a committal order was accordingly made whereby the said AB was committed to .............

a Government Accommodation/or to the care of CD.

You are therefore summoned to appear before the Family Court sitting ........

on .......the ...............day of ............, 20 ...........,

at the hour of.........in the ..... noon,

to show cause why an order should not be made requiring you to contribute such monthly sum as the court, having regard to your means, thinks fit.

DATED this ......day of ............ 20 ...........

........

Magistrate

________________

8. FORM FOR DISPOSAL PENDING OPERATION OF COMMITTAL ORDER

[Sections 49 and 50.]

(GENERAL TITLE ‐ FORM 2)

To ...............

and to the person/officer in charge of the Approved Institution at (or to CD of..............)

AB a child having been ordered by ......sitting

at ............on the ......day of..............,

20 .............. to be sent to an Approved Institution, and the operation of such committal order

being postponed.

It is ordered that AB be taken to the Approved Institution or to the custody of the said CD at........

......and be there or by him/her to the person in charge thereof

or to the CD together with this warrant and you, the person/officer in charge of the said Approved Institution the said CD to receive him/her into custody and detain him/her as aforesaid.

DATED this ......day of ........, 20 .......

.....

Judge/Magistrate

______

9. FORM FOR RECOGNISANCE UNDER SUPERVISION ORDER

[Section 243.]

(GENERAL TITLE ‐ FORM 2)

The undersigned Principal Party to this recognisance hereby binds himself to perform the following obligations at all times during a period of ........... from the date hereof‐

(To be of good behaviour)

To be and remain under the supervision of AB (or the Supervision Officer from time to time for

the ....... area).

To appear before the Court at , ...... to be further dealt with

any time when called upon by the Court (or when so directed by the said AB (of Supervision Officer) :

(and such further conditions as the case may require).

And the said Principal Party (together with the undersigned surety (or sureties) hereby acknowledges himself (acknowledge themselves) bound to forfeit to the Governor the sum(s) followingthe

said Principal Party the sum of N ..........(and the said surety (or sureties))

the sum N ............(each) in case the said Principal Party fails to perform

the above obligations or any part thereof.

.......... ..........

Surety Principal Party

TAKEN before me at .......this ........... day of ............ 20 ............

........ ...........

Sworn Interpreter Judge/Magistrate

________

10. FORM FOR NOTICE OF CHANGE OF SUPERVISION OFFICER

[Section 239.]

Supervision Officer

(GENERAL TITLE ‐ FORM 2)

Take notice that ........... has been substituted by (or with the approval of)

the Family Court to perform the duties of Supervision Officer in your case in place of.............

and that the name of the said ..........

is substituted for that of the said .........

as from this date wherever the name of the said. .........

occurs in the order made by the aforesaid court in your case on the day of . ............... ,

20…........ and in the recognisance entered into by you thereupon.

DATED this .......day of ......, 20 .......

.....

Judge/Magistrate

SUBSIDIARY LEGISLATION

No Subsidiary Legislation