INFO YOU CAN USE: Your duty to report child abuse

CHILDREN are entitled to protection from abuse, neglect and harm. Under Section 8 of the Child Care and Protection Act, a child in need of care or protection would be one who has no parent or guardian or has a parent or guardian unfit to exercise proper care and guardianship; a child exposed to moral danger, that is, being destitute, wandering without any settled place of abode and without any visible means of subsistence, begging or receiving alms, or loitering for that purpose.

A child is also in need of protection if he/she is being cared for in circumstances that seriously impact the child’s physical, mental and emotional health, or is exposed to significant risks.

The Act creates a mandatory obligation to report instances in which it is suspected that a child has been, is being, or is likely to be abandoned, neglected, physically or sexually ill-treated or is otherwise in need of care and protection.

All individuals, and particularly prescribed ones, have a duty to make such reports.

Prescribed individuals include, but are not limited to, health-care workers, teaching professionals, social workers, children’s officers, and any other person by virtue of his/her employment, who are affiliated or have the responsibility to provide care and protection to a child.

There are penalties under the law if duty of care is not exercised.

In addition, the Act states that a person who has information that causes that person to suspect that a child is in need of care and protection and does not make a report to the [Children’s] Registry or other relevant authority, commits an offence and shall be liable upon summary conviction before a judge to a fine not exceeding $500,000 or to imprisonment to a term not exceeding six months or to both such fine and imprisonment.

To report child abuse or a missing child call 1-888- PROTECT (776-8328); 876-948-2841-2; or e-mail report@childprotection.gov.jm.