WARNING that some children are being locked out of second chances, state minister in the Ministry of Justice Marisa Dalrymple-Philibert is urging her fellow legislators to use the review of the Child Diversion Act to close what she described as a troubling gap that excludes youngsters charged under the new Firearms Act.

Dalrymple-Philibert raised the concern as Parliament’s joint select committee on the Child Diversion Act on Tuesday began examining the effectiveness of the law and preparing to hear submissions from key agencies involved in Jamaica’s child justice system.

She noted that while the diversion programme has proven to be a valuable intervention, its current scope leaves some vulnerable children without access to its protections.

Dalrymple-Philibert told the committee that while the programme is good, one

of her greatest concerns was that “it doesn’t help children who fall afoul of the law under the new Firearms Licensing Act, and it is particularly distressing. They can get relief under the Probation Act for child diversion, and I think it is really important that it comes”.

She underscored the human impact of the gap, recounting the case of a young child whose future could be shaped by a single mistake.

She further argued that Jamaica’s broader justice reforms, including moves to expunge adult criminal records, should also extend similar opportunities for rehabilitation to children, particularly those influenced by difficult social environments.

“If we are doing expungement matters and helping adults, there is no reason why we should stop and not consider extending it to that, because, some of these children are growing in homes where the influence is in a big yard… where they get caught in situations and they do need the help,” Dalrymple-Philibert added.

Her intervention comes as the committee considers whether amendments are needed to strengthen the Child Diversion Act, which was introduced to steer children away from the formal criminal justice system and towards counselling, mentorship and other support services.

Chairman of the committee Justice Minister Delroy Chuck said the central purpose of the legislation must remain firmly focused on rehabilitation rather than punishment, stressing that its intent is sometimes misunderstood even within the justice system.

“This act is to keep children out of institutions. In other words, it’s to keep children out of the formal institution of the criminal justice system, and it’s not well known. With due respect, having met with several judges, they have also misinterpreted the law. They actually believe that the child must plead guilty first… and I have to tell them ‘no, the reason why the Act is there is to divert them away from the formal justice system’,” Chuck said.

He added that during the review of the Act, the committee will also explore ways to ensure the law is applied more broadly and effectively.

Furthermore, the committee is also seeking direct feedback from those who have worked closely with children in the programme. Chuck said mentors who guide participating children could provide valuable insight into its strengths and weaknesses.

Minister of Education, Skills, Youth and Information Senator Dr Dana Morris Dixon supported that approach, noting that those directly involved can offer a perspective beyond the legal framework.

“I’m happy to see that you’re going to have the mentors here, because I do think it’s important to have the voice of individuals who’ve gone through this programme, because it gives life to an Act which just seems like this nebulous thing,” Morris Dixon said.

The committee is scheduled to begin hearing formal submissions next week from the Ministry of Justice’s Social Justice Division and the advocacy group Jamaicans for Justice, with additional presentations expected from the Child Protection and Family Services Agency, the Ministry of National Security, and other stakeholders in future sittings.

The Child Diversion Act, which forms part of Jamaica’s efforts to modernise its juvenile justice system, is designed to offer children counselling, behavioural intervention, and mentorship instead of criminal prosecution, with the goal of reducing reoffending and improving long-term outcomes.