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CHILD (CARE, PROTECTION AND ADOPTION) ACT
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3.   Purpose

Revised Laws of Saint Lucia (2022)

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3.   Purpose

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    (1)   The purposes of this Act are —

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      (a)     to provide for the care and protection of a child from abuse and neglect;

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      (b)     to provide for the adoption of a child in Saint Lucia in a way that —

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        (i)     promotes the well-being and the best interest of the child throughout his or her life, and

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        (ii)     supports efficient and accountable practice in the delivery of an adoption service;

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      (c)     to ensure that in an action and decision made under this Act, whether by legal or administrative process, concerning a child, the safety, welfare and well-being of the child is of paramount consideration;

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      (d)     to ensure that if a child is able to form his or her own view on a matter concerning his or her safety, welfare or well-being, he or she is given an opportunity to express that view freely and that view is to be given due weight in accordance with the developmental capacity of the child and the circumstances;

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      (e)     to ensure that in deciding what action it is necessary to take, whether by legal or administrative process, in order to protect a child from harm, the course to be followed is the least intrusive intervention in the life of the child and his or her family, that is consistent with the paramount concern to protect the child from harm and to promote the development of the child;

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      (f)     to ensure that if a child is temporarily or permanently deprived of his or her home or environment or cannot be allowed to remain in that home or environment in his or her own best interest, the child is entitled to special protection and assistance from the Government and his or her own name and identity is, if possible, preserved;

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      (g)     to ensure that if a child is placed in a child care service, arrangements are made in a timely manner, to ensure the provision of a safe, nurturing, stable and secure environment;

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      (h)     to ensure that if a child is removed from the home of his or her parent under this Act, whether temporarily or permanently, the child is entitled to a safe, nurturing, stable and secure environment and unless it is contrary to his or her best interest, and taking into account the wishes of the child, this may include the retention by the child of relationships with people significant to the child, including his or her biological or adoptive parents, siblings, extended family, peers, family friends and community;

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      (i)     to promote and encourage permanency for every child in need of care and protection;

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      (j)     to ensure that a child is able to participate in a decision that is likely to have a significant impact on the life of the child through the provision to the child of —

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        (i)     adequate information, in a manner and language that he or she can understand, concerning the decisions to be made, the reasons for the intervention of the Director, the ways in which the child may participate in the decision making and relevant complaint mechanisms,

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        (ii)     the opportunity to express his or her views freely, according to his or her abilities, age, maturity and developmental capacity,

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        (iii)     assistance that is necessary for the child to express his or her views,

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        (iv)     information as to how the views of the child will be recorded and taken into account,

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        (v)     information with respect to the outcome of a decision concerning the child and an explanation of the reasons for the decision, and

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        (vi)     an opportunity to respond to a decision made concerning the child.

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    (2)   For the purposes of subsection (1)(j), decisions that are likely to have a significant impact on the life of a child include —

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      (a)     a plan for an emergency or ongoing care, including placement of the child;

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      (b)     the development of a care plan under section 26;

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      (c)     the review of a care plan under section 27;

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      (d)     a court application concerning the child;

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      (e)     the provision of a counselling or treatment service; or

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      (f)     contact with a parent, relative or other persons connected with the child.

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