ACT
(Acts 8 of 2018 and 20 of 2019)
Act 8 of 2018 .. in force 12 December 2018
Amended by Act 20 of 2019 .. in force 3 July 2019
ARRANGEMENT OF SECTIONS
PRELIMINARY
1. | Short title |
2. | Interpretation |
3. | Purpose |
PART I
ADMINISTRATION
4. | Functions of the Minister |
5. | Designation of child care service |
6. | Functions of the Director |
7. | Request for service from agencies |
8. | Delegation |
9. | Committees |
PART II
REQUEST, REPORT, INVESTIGATION AND ASSESSMENT
10. | Request for assistance from parent or child |
11. | Response to request |
12. | Alternative dispute resolution |
13. | Report of child in need of care or protection |
14. | Protection of person |
15. | Investigation and assessment |
16. | Conduct of investigation and assessment |
17. | Order for the provision of information or assistance |
18. | Report of investigation and assessment |
19. | Action by Director |
20. | Warrant |
21. | Assumption of care responsibility by the Director |
22. | Prompt application to court for a care order |
23. | Record of report and subsequent action |
PART III
CARE ORDER
Division 1
Care Application
24. | Care application |
25. | Notification of care application |
26. | Consideration of care plan |
27. | Review of care plan |
28. | Withdrawal of care application |
29. | Making of care order |
30. | Care and protection order |
31. | Effect of care and protection order |
32. | Duration of care and protection order |
33. | Duty of Director after termination of care and protection order |
34. | Emergency protection order |
35. | Duration of emergency protection order |
36. | Care responsibility |
37. | Delegation of care responsibility |
38. | Discharge of child from care responsibility |
39. | Transfer of child from child care service |
40. | Assessment order |
41. | Matters for consideration in making assessment order |
42. | Information concerning assessment |
43. | Report of assessment |
44. | Supervision order |
45. | Requirements of supervision order |
46. | Duration of supervision order |
47. | Duties of the Director in relation to a supervision order |
48. | Enforcement of supervision order |
49. | Contact order |
50. | Interim or final order |
51. | Making of interim care order |
52. | Child and family assessment report before final order |
53. | Parties to receive copy of final order |
54. | Variation and revocation of care order |
55. | Escape from a child care service |
PART IV
OTHER ORDERS
56. | Other orders which may be made by the Court |
57. | Order accepting undertakings |
58. | Order for the provision of support services |
59. | Support services by government department, agency or funded non-government agency |
60. | Order to attend therapeutic or treatment programme |
61. | Compulsory assistance order |
62. | Contribution order |
63. | Orders with significant impact on persons |
64. | Application for recovery order |
65. | Recovery order |
PART V
FOSTER CARE
66. | Conditions for foster care |
67. | Responsibility of foster parent |
68. | Visits to child in foster care |
69. | Persons prohibited from receiving a foster child |
70. | Transfer of foster child kept in unsuitable premises or by unsuitable persons |
71. | Notice to be given of change of residence |
72. | Foster parent to give notice |
PART VI
ADOPTION
Division 1
Adoption Committee
73. | Establishment of Adoption Committee |
74. | Terms of appointment |
75. | Functions of the Adoption Committee |
76. | Secretary to the Adoption Committee |
77. | Office of the Adoption Committee |
78. | Oath or affirmation of secrecy |
79. | Conduct of meetings of the Adoption Committee |
80. | Report to the Minister |
Division 2
Placement of a child for adoption
81. | Placement of a child for adoption |
82. | Application for placement of a child |
83. | Home study assessment |
84. | Decision of the Adoption Committee |
85. | Review of decision of Adoption Committee |
86. | Confidentiality of information |
87. | Adoption List |
88. | Adoption Committee to have regard to Adoption List |
89. | Duties of the Division prior to placement |
90. | Supervision of placement |
91. | Transfer of care responsibility during placement |
92. | Return of child to child care service |
93. | Contravention of placement requirements |
94. | Advertising |
Division 3
Adoption Proceedings
95. | Application for adoption order |
96. | Notice of application to Adoption Committee |
97. | Search of documents |
98. | Hearing |
99. | Consent to be obtained prior to adoption |
100. | Form of consent |
101. | Dispensing with consent |
102. | Withdrawal of consent |
103. | Withdrawal of consent given outside Saint Lucia |
104. | Withdrawal of consent by the Court |
105. | Change of name |
106. | Interim adoption order |
107. | Adoption order |
108. | Effect of adoption order |
109. | Submission of certified copy of adoption order |
110. | Revocation of adoption on marriage of biological parents |
Division 4
Registration of Adoption Orders
111. | Register of Adoption and other registers |
112. | Post Register of Adoption |
Division 5
Inter-country Adoptions
113. | Approval for inter-country adoptions |
114. | Exception |
115. | Memorandum of understanding |
116. | Provision and exchange of information |
Division 6
General
117. | Matters to be considered in making decision on adoption |
118. | Making of payment prohibited |
Division 7
Adoption by the High Court
118A. | Interpretation: Division 7 |
118B. | Application |
118C. | Power to make adoption order |
118D. | Restriction on making adoption order |
118E. | Consent to adoption |
118F. | Evidence of consent of parent or guardian |
118G. | Functions of Court as to adoption orders |
118H. | Interim order |
118I. | Provisions as to existing de facto adoptions |
118J. | Jurisdiction, procedure and rules |
118K. | Rights and duties of parents and capacity to marry |
118L. | Affiliation orders |
118M. | Intestacy, will, and settlement |
118N. | Provisions supplementary to section 118M |
118O. | Registration of adoptions under this Division |
118P. | Restriction on advertisements |
118Q. | Restriction on sending infants abroad for adoption |
118R. | Licence to send infant abroad for adoption |
118S. | Continuation of adoption under this Division |
PART VII
MISCELLANEOUS
119. | Care plan |
120. | Releasing confidential information to unauthorised person |
121. | Limitation of liability |
122. | Costs |
123. | Appeals |
124. | Regulations |
125. | Repealed |
126. | Transitional provisions |
Schedule | |
AN ACT to provide for the care, protection and adoption of a child and for related matters.
Commencement [12 December 2018]