Section 1—Definition of Child.
For purposes of this Act, a child is a person below the age of eighteen years.
Section 2—Welfare Principle.
(1) The best interest of the child shall be paramount in any matter concerning a child.
(2) The best interest of the child shall be the primary consideration by any court, person, institution or other body in any matter concerned with a child.
Section 3—Non-Discrimination.
No person shall discriminate against a child on the grounds of gender, race, age, religion, disability, health status, custom, ethnic origin, rural or urban background, birth or other status, socio-economic status or because the child is a refugee.
Section 4—Right to Name and Nationality.
No person shall deprive a child of the right from birth to a name, the right to acquire a nationality or the right as far as possible to know his natural parents and extended family subject to the provisions of Part IV, Sub-Part II of this Act.
Section 5—Right to Grow up with Parents.
No person shall deny a child the right to live with his parents and family and grow up in a caring and peaceful environment unless it is proved in court that living with his parents would—
(a) lead to significant harm to the child; or
(b) subject the child to serious abuse; or
(c) not be in the best interest of the child.
Section 6—Parental Duty and Responsibility.
(1)No parent shall deprive a child his welfare whether—
(a) the parents of the child are married or not at the time of the child's birth; or
(b) the parents of the child continue to live together or not.
(2) Every child has the right to life, dignity, respect, leisure, liberty, health, education and shelter from his parents.
(3) Every parent has rights and responsibilities whether imposed by law or otherwise towards his child which include the duty to—
(a) protect the child from neglect, discrimination, violence, abuse, exposure to physical and moral hazards and oppression;
(b) provide good guidance, care, assistance and maintenance for the child and assurance of the child's survival and development;
(c) ensure that in the temporary absence of a parent, the child shall be cared for by a competent person and that a child under eighteen months of age shall only be cared for by a person of fifteen years and above.
(d) except where the parent has surrendered his rights and responsibilities in accordance with law.
(4) Each parent shall be responsible for the registration of the birth of their child and the names of both parents shall appear on the birth certificate except if the father of the child is unknown to the mother.
Section 7—Right to Parental Property.
No person shall deprive a child of reasonable provision out of the estate of a parent whether or not born in wedlock.
Section 8—Right to Education and Well-being.
(1) No person shall deprive a child access to education, immunisation, adequate diet, clothing, shelter, medical attention or any other thing required for his development.
(2) No person shall deny a child medical treatment by reason of religious or other beliefs.
Section 9—Right to Social Activity.
No person shall deprive a child the right to participate in sports, or in positive cultural and artistic activities or other leisure activities.
Section 10—Treatment of the Disabled Child.
(1) No person shall treat a disabled child in an undignified manner.
(2) A disabled child has a right to special care, education and training wherever possible to develop his maximum potential and be self-reliant.
Section 11— Right of Opinion.
No person shall deprive a child capable of forming views the right to express an opinion, to be listened to and to participate in decisions which affect his well-being, the opinion of the child being given due weight in accordance with the age and maturity of' the child.
Section 12—Protection from Exploitative Labour.
No person shall subject a child to exploitative labour as provided under section 87 of this Act.
Section 13—Protection from Torture and Degrading Treatment.
(1) No person shall force a child—
(a) to be betrothed;
(b) to be the subject of a dowry transaction; or
(c) to be married.
(2) The minimum age of marriage of whatever kind shall be eighteen years.
Section 14—Right to Refuse Betrothal and Marriage.
(1) No person shall subject a child to torture or other cruel, inhuman or degrading treatment or punishment including any cultural practice which dehumanises or is injurious to the physical and mental well-being of a child.
(2) No correction of a child is justifiable which is unreasonable in kind or in degree according to the age, physical and mental condition of the child and no correction is justifiable if the child by reason of tender age or otherwise is incapable of understanding the purpose of the correction.
Section 15—Penalty for Contravention.
Any person who contravenes a provision of this Sub-Part commits an offence and is liable on summary conviction to a fine not exceeding ¢5 million or to a term of imprisonment not exceeding one year or to both.
Section 16—District Assembly to protect children.
(1) A District Assembly shall protect the welfare and promote the rights of children within its area of authority and shall ensure that within the district, governmental agencies liaise with each other in matters concerning children.
(2) The Social Welfare and Community Development Department of a District Assembly referred to in this Act as "the Department" shall investigate cases of contravention of children’s rights.
Section 17—Persons to Report Child Abuse and Protection Cases.
Any person with information on—
(a) child abuse; or
(b) a child in need of care and protection shall report the matter to the Department.
Section 18—Meaning of Care and Protection.
(1) For purposes of this Act, a child is in need of care and protection if the child—
(a) is an orphan or is deserted by his relatives;
(b) has been neglected or ill-treated by the person who has the care and custody of the child;
(c) has a parent or guardian who does not exercise proper guardianship;
(d) is destitute;
(e) is under the care of a parent or guardian who, by reason of criminal or drunken habits, is unfit to have the care of the child;
(f) is wandering and has no home or settled place of abode or visible means of subsistence;
(g) is begging or receiving alms, whether or not there is any pretence of singing, playing, performing, offering anything for sale or otherwise, or is found in any street, premises or place for the purpose of begging or receiving alms;
(h) accompanies any person when that person is begging or receiving alms, whether or not there is any pretence of singing, playing, performing, offering anything for sale or otherwise;
(i) frequents the company of any reputed thief or reputed prostitute;
(j) is residing in a house or the part of a house used by any prostitute for the purpose of prostitution, or is otherwise living in circumstances calculated to cause, encourage or favour the seduction or prostitution of or affect the morality of the child;
(k) is a person in relation to whom an offence has been committed or attempted under section 314 of the Criminal Code 1960 (Act 29) on slave dealing;
(1) is found acting in a manner from which it is reasonable to suspect that he is, or has been, soliciting or importuning for immoral purposes;
(m) is below the age of criminal responsibility under the Criminal Code, 1960 (Act 29) and is involved in an offence other than a minor criminal matter; or
(n) is otherwise exposed to moral or physical danger.
(2) A child shall not be considered to come within the scope of paragraphs (i) and (j) of subsection (1) if the only reputed prostitute that the child associates with is his mother and if it is proved that she exercises proper guardianship and care to protect the child from corrupt influences.
Section 19—Investigation by Department.
(1) If the Department has reasonable grounds to suspect child abuse or a need for care and protection, it shall direct a probation officer or social welfare officer accompanied by the police to enter and search the premises where the child is kept to investigate.
(2) The Department shall direct the probation officer or the social welfare officer to refer the matter to a Child Panel established under section 27 of this Act if the child is not in immediate need of care and protection.
(3) If after investigation it is determined that the child has been abused or is in need of immediate care and protection the Department shall direct a probation officer or social welfare officer accompanied by the police to remove the child to a place of safety for a period of not more than seven days.
(4) The child shall be brought before a Family Tribunal by the probation officer or social welfare officer before the expiry of the seven day period for an order to be made.
(5) Until the Family Tribunal determines the order, the Family Tribunal may commit the child to an approved residential home or to the care of a probation officer, social welfare officer or other suitable person.
Section 20—Care Order of Family Tribunal.
(1) A Family Tribunal may issue a care order to the Department on an application by a probation officer or social welfare officer under section 19(4).
(2) The care order shall remove the child from a situation where he is suffering or likely to suffer significant harm and shall transfer the parental rights to the Department.
(3) The probation officer or social welfare officer shall take custody of the child and shall determine the most suitable place for the child which may be—
(a) an approved residential home;
(b) with an approved fit person; or
(c) at the home of a parent, guardian or relative.
(4) The maximum duration of a care order shall be three years or until the child attains eighteen years which ever is earliest and the Family Tribunal may make an interim order or may vary the order.
(5) The Family Tribunal may make a further order that the parent, guardian or other person responsible for the child shall pay for the cost of maintaining the child.
(6) A Family Tribunal shall not designate the manager of an institution as an approved fit person to whom the care of a child can be entrusted unless the institution is one which the Minister responsible for Social Welfare has approved by notice published in the Gazette or the institution is assigned that function by or under an Act of Parliament.
Section 21—Supervision Order of Family Tribunal.
(1) A Family Tribunal may issue a supervision order to the Department on an application by a probation officer or social welfare officer under section 19(4).
(2) The supervision order shall be aimed at preventing any significant harm being caused to a child whilst he remains at his family home in the custody of his parent, guardian or relative.
(3) The supervision order shall place a child under the supervision of the probation officer or social welfare officer while he remains in the custody of his parent, guardian or relative.
(4) The maximum duration for a supervision order shall be one year or until the child attains eighteen years.
Section 22—Duties of Probation Officer and Social Worker.
The duties of a probation officer or social welfare officer with respect to a care or supervision order are to—
(a) advise and help the child and his family;
(b) take reasonable steps to ensure that the child is not subjected to harm; and
(c) hold regular reviews to plan for the future of the child.
Section 23—Home Visits.
A probation officer or social welfare officer shall be permitted by a parent, guardian or relative of the child to visit the child at his family home.
Section 24—General Provisions on Orders.
(1) A child who contravenes an order from the Family Tribunal and runs away may be apprehended without warrant by the police and returned to the place of the care or supervision order.
(2) The Family Tribunal may make another order where the child has run away in order to place the child elsewhere if the approved fit person is not willing to take the child.
Section 25—Discharge of Orders.
A care or supervision order may be discharged in the best interest of the child by the Family Tribunal on the application of—
(a) the child;
(b) a probation officer;
(c) a social welfare officer; or
(d) a parent, guardian or relative of the child.
Section 26—Care Order and Adoption.
A child under a care order whose parent, guardian or relative does not show an interest in the welfare of the child within a period stipulated by a Family Tribunal may be put up for adoption.