Where circumstances call for it, the Children and Young Persons Act 1993 allows the Director-General of Social Welfare or Protector to remove a child under 18 years of age from their family home.
The statutory arm that investigates whether a child is in need of protection and intervenes if necessary is the Child Protective Service (“CPS”) from the Ministry of Social and Family Development (“MSF”).

In this article, we will expound on CPS’s role and the processes that may take place once they are involved in a matter.

Role of CPS

If CPS is alerted to an instance where a child is in need of protection, they will step in to ensure the child’s welfare and best interests.
Some instances where a child may be in need of protection include where it appears that:

• The child has no parent or guardian.
• The child has been abandoned by their parent or guardian who cannot be found, and no other suitable person is willing or able to care for the child.
•  The child’s parent or guardian is unable or has neglected to provide adequately for basic needs, including food, clothing, shelter, medical care, and so on.
•  The child’s parent or guardian is unfit, unable or has neglected to exercise proper supervision and care for them – and the child is also:

1. falling into bad association;
2.  exposed to moral danger; or
3.  beyond parental control.

• The child either has been, is at risk of, or is being ill-treated by:

1. their parent or guardian; or
2. any third Party, and the parent or guardian may be aware, yet is unlikely, unwilling, or has not taken action to protect the child from ill treatment.

• There is grave and persistent conflict between the child and their parent or guardian, or between the child’s parents or guardians, such that family relationships are severely disrupted in a manner that causes the child emotional harm.

Involvement of CPS

Where CPS’s intervention is necessitated, they will:

• Investigate

1.  The assigned Child Protection Officer(s) (“CPO”) will conduct social investigations and provide case management to follow up on children who are in need of protection.
2. The investigation team will work to understand the family’s circumstances, with a particular emphasis on assessing the impact of the parents or guardians on the child.
3.  In doing so, the CPO will speak with the child’s school staff, family members and other relatives to determine how the child is faring and being treated.
4. Thereafter, CPS will decide whether it is necessary to remove the child from the parents’ or guardians’ care.

• Craft and Enact a Case Plan

1. The CPS team will seek to implement a plan that protects the child’s interests and welfare at present, as well as for the future.
2. One option is to arrange contact sessions at MSF between the child and their parent or guardian.
3. An alternative would be the appointment of Safe Persons: individuals, including family members and friends, assessed by CPS as being suitable to assist the parent or guardian concerned in supervising their interactions with the child.
4. As a last resort, CPS may place the child in the foster care system for an interim period, if there is no other viable arrangement such as the involvement of a Safe Person.

• Work with the Child

1. CPS will speak with the child to assess their well-being and provide support to help them build up their resilience.
2. For example, CPS’s Practice Enhancement Team will work with the child to help them adjust to life changes and heal from trauma. This includes introducing tools for emotional regulation to the child.

• Attempt to Reintegrate

1. Once progress has been made in a case, CPS will seek to return the child to their home to reunite with their parents or guardians.
2. To assist with the child’s transition back home, CPS may implement a set of rules in the form of a Safety Plan. The parents or guardian must sign in agreement on the Safety Plan, before the child can return home.
    As part of the Safety Plan, CPOs may make announced or unannounced home visits.
    There will also be a requirement for the children to go to school every day. Non-attendance would be a breach of the Safety Plan, which calls for CPS to take action and locate the child to ensure their safety.
3. If necessary, CPS will continue to monitor the family to protect the child’s well-being, on top of providing support to the family.
4.  When the family and the child are ready, CPS will close the case.

Care and Protection Order

Where CPS’s intervention is deemed necessary, the Director-General of Social Welfare or Protector (a CPO) may apply to the Youth Courts for a Care and Protection Order.
The process of applying for a Care and Protection Order is outlined as follows:

• Filing the Complaint

1. The Director-General or Protector will file the Complaint in the Youth Courts on behalf of the child.

•  Ordering the Social Report

1. The Judge will then assess if the Complaint is supported by sufficient grounds and requires an investigation. If so, a Social Report will be ordered.
2. While the Social Report is being prepared, the Judge may also order the child to be placed in the care of a suitable person or safe environment.

•  CPO Interview

1. A CPO will interview the child and other relevant individuals, before preparing and submitting the Social Report to the Youth Courts.

• Youth Courts’ Decision

1. The Judge will review the Social Report and consult with Panel Advisers before making the relevant orders, which may include:
    Ordering the parent or guardian to execute a bond to exercise proper care or guardianship for the child.
    Ordering the child to be placed in the care of a suitable person for a duration specified by the Youth Courts.
    Ordering the child to be placed in a place of safety or temporary care and protection for a duration specified by the Youth Courts.
    Placing the child under the supervision of the Director-General, Protector, or such other person for a duration specified by the Youth Courts.

Where the parents or guardians are unfit to care for the child, or it is inappropriate to return the child to their care, or there is an existing Care and Protection Order, an Enhanced Care and Protection Order (ECPO) application may then be taken up.

• The effect of the ECPO is that the child will be placed in the care of a suitable person, until the child turns 21 years of age or for a duration specified by the Youth Courts.

Legal Representation
In some cases, CPS’s involvement is unnecessary. If so, you may wish to contest any CPO or ECPO applications. This would involve filing the requisite supporting documents in the form of an Affidavit and attending the Court Hearing.
Engaging an experienced Family Lawyer who has handled cases in Youth Courts before would help you to best illustrate your case and convince the Judge that a CPO is not required.