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Revised Laws of Saint Lucia
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CHILD (CARE, PROTECTION AND ADOPTION) ACT
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18. Procedure
2023 Laws not yet authenticated through a Commencement Order
Revised Laws of Saint Lucia (2023)
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18. Procedure
All proceedings in the Court under the Act shall be heard and determined in chambers.
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18. Procedure
1. Short title
2. Interpretation
3. Purpose
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
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
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
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
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
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
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
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
111. Register of Adoption and other registers
112. Post Register of Adoption
113. Approval for inter-country adoptions
114. Exception
115. Memorandum of understanding
116. Provision and exchange of information
117. Matters to be considered in making decision on adoption
118. Making of payment prohibited
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
119. Care plan
120. Releasing confidential information to unauthorised person
121. Limitation of liability
122. Costs
123. Appeals
124. Regulations
125. Repeal
126. (Repealed by Act 20 of 2019)
Schedule
ACT
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
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
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
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
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
111. Register of Adoption and other registers
112. Post Register of Adoption
113. Approval for inter-country adoptions
114. Exception
115. Memorandum of understanding
116. Provision and exchange of information
117. Matters to be considered in making decision on adoption
118. Making of payment prohibited
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. Repeal
126. (Repealed by Act 20 of 2019)
Schedule
SUBSIDIARY LEGISLATION
Adoption of Children (High Court) Rules – Section 10 (Statutory Instruments 17/1954 and 22/1954)
1. Citation
2. Interpretation
3. Application for Adoption Order
4. Application to keep Identity Secret
5. Previous Application for Adoption Order
6. Appointment of Tutor ad hoc
7. Evidence in Support of Application
8. Notice of Application
9. Duties of Tutor ad Hoc
10. Hearing of Application
11. Secrecy of Proceedings
12. Form and Transmission of Orders
13. Restoration of Proceedings after Interim Order
14. Amendment of Adoption Orders
15. Service of Documents
16. Application under Section 5(4) of the Act
17. Forms
Schedule 1
Schedule 2
PART I THE APPLICANT
PART II THE INFANT
PART III THE PARENTS