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]