INTRODUCTION TO THE CHILDREN’S AUTHORITY OF TRINIDAD AND TOBAGO26th November, 2020

Sharlene JaggernauthLegal Services Manager

OVERVIEW • CATT’s BACKGROUND

• THE CHILDREN’S AUTHORITY ACT, CHAP. 46:10

• OUR MANDATE

• OUR REALITY

• AREAS OF COLLABORATION

• NEXT STEPS

HISTORICAL FOUNDATION

HISTORICAL FOUNDATION

• Trinidad and Tobago ratified many international conventions andconsensus documents promoting the rights of children, including theUN Convention on the Rights of the Child (1989)

• Consistent with these principles, a Package of Children’s Legislationwas developed in 2000 with the Children’s Authority at its centre.

• On May 18th, 2015 several key pieces of legislation were proclaimedgiving power to the Children’s Authority to begin to deliver on itsmandate to care, protect and rehabilitate children who are at risk, orhave been victims of abuse or neglect.

CATT’S LEGISLATIVE PACKAGE Children’s Authority Act, 64 of 2000 & Children’s Authority Regulations, 2014

Children’s Community Residences, Foster Homes and Nurseries Act, 65 of 2000

Children’s Community Residences (Children’s Homes) Regulations, 2018

Children’s Community Residences (Rehabilitation Centres) Regulations, 2018

Child Rehabilitation Centre Regulations, 2018

Children Act, Chap. 46:01 (2012)

Adoption of Children Act, 67 of 2000 & Adoption Amendment

International Child Abduction Act, 8 of 2008

Trafficking in Persons Act, 14 of 2011

Family and Children Division Act No. 6 of 2016

The Miscellaneous Provisions (Supreme Court of Judicature and Children) Bill, No. 7 of 2018

UNCRC: FOUR GUIDING PRINCIPLES

Non Discrimination (Article 2)

The Best Interests of the Child (Article 3)

The Right to Life, Survival and Development (Article 6)

Respect for the Views of the Child (Article 12)

THE 3 P’S OF CHILDREN’S RIGHTS

The substantive rights in the Convention can be grouped into threecategories, the “3Ps”:

• Protection

• Provision

• Participation

RIGHTS TO PROTECTION

These include protection from:

• All forms of violence (article 19),

• Child labour and sexual exploitation (articles 32 & 34) and

• Drug Abuse (article 33)

RIGHTS TO PROVISION

These include provision for:

• Education (article 28)

• Leisure, play and culture (article 31)

• Health care (article 24) and

• Adequate standard of living (article 27)

RIGHTS OF PARTICIPATION

These include :

• Respect for the views of the child (article 12)

• Freedom of expression (article 13)

• Freedom of thought, conscience, and religion (article 14)

• Freedom of Association (article 15)

CHILDREN’S AUTHORITY ACT CHAP. 46:10

OBJECTS OF THE ACT

The Children’s Authority Act Chap. 46:10

• Establishes the Authority to act as “the guardian of the

children in Trinidad and Tobago”

• Positions the Authority as the hub of the child protection

regime

THE CHILDREN’S AUTHORITY ACT

POWERS & FUNCTIONS

Section 5 (1)

(a) Provide care, protection and rehabilitation of children in accordance

with Part III of the Act;

(b) Investigate and make recommendations with respect to the adoption

of children in accordance with the Adoption of Children Act 2000

POWERS & FUNCTIONS (CONT’D)

Section 5 (1)

(c) Investigate complaints made by any person with respect to any child

who is in the care of a Community Residence, Foster home or Nursery

re any failure to comply with the requisite standards and any incident

of mistreatment of children in such places

POWERS & FUNCTIONS (CONT’D)

Section 5 (1)

(d) Investigate complaints or reports of mistreatment of children

(e) Upon investigation, remove a child from his home where it is shown

that the child is in imminent danger

POWERS & FUNCTIONS (CONT’D)

Section 5 (1)

(f) Issue, suspend and revoke licences of Children’s Homes and Nurseries

as provided under the Community Residences, Foster Care and

Nurseries Act 2000

(g) Issue, suspend and revoke temporary and conditional licences of

Community Residences and nurseries as provided under the Children’s

Community Residences, Foster Care and Nurseries Act, 2000;

POWERS & FUNCTIONS (CONT’D)

Section 5 (1)

(h) Advise the Minister on matters relating to the operation of

the Act

(i) Do all such things as may be necessary or expedient for the

proper exercise of its duties

STATUTORY DUTIES (SECTION 6)

(a) Promote the well being of the child

(b) Recognise and give effect to the right of the parent to a fair hearing

(c)Act as an advocate to promote the rights of all children in Trinidad and

Tobago

(d) Take all reasonable steps to ensure the

availability of accommodation

necessary for compliance with this Act

(e) Take all reasonable steps to ensure the availability of staff

STATUTORY DUTIES (CONT’D)

(f) Take all reasonable steps to prevent children from suffering ill-treatment or

neglect

STATUTORY DUTIES (CONT’D)

(g) Promote contact between the child and

• His parents

• Any person who is not his parent but has parental responsibility for him

• Any relative, friend or other person connected with him

• Except where not reasonably practicable or prejudicial to the welfare of the child

STATUTORY DUTIES (CONT’D)

(h) Exercise such powers as are conferred on it by this

Act and as may be necessary with respect to any child so

as to serve the best interests of that child

(i) Make use of such facilities / services available

for children that are provided for by other

agencies and institutions

CATT’S MANDATE, VISION AND MISSION, PHILOSOPHY

MANDATE

CATT’S KEY FUNCTIONS

Receiving reports

Investigating reports

Assessing children

Determining appropriate placement

Managing the Foster Care and Adoption Systems

Licensing and

Monitoring Community Residences

Supporting the Youth Justice System

VISION & MISSION

Vision: To defend and support child rights and make child protection everybody’s business

Mission:

To promote the best interest of children through advocacy, prevention, intervention and collaborative strategies based on multidisciplinary approaches

PHILOSOPHY

Prioritisation of a FAMILY ENVIRONMENT or FAMILY

REINTEGRATION where possible, appropriate and in the best

interest of the child

CHILD’S JOURNEY THROUGH THE SYSTEM

Assessment Centre

Investigation/Emergency Response

Treatment Plan

Monitoring by the Children’s Authority

Reports received from Courts, Police, Hospital, Service Providers etc.

Placement determined Family, Fit Person, Foster

Care/Adoption/Children’s Home

Treatment Plan approved by Care Committee of Board and appropriate Order requested

from Court

Referred to Partner Agencies

Child Protection Registry

Court Order

STATISTICAL ANALYSIS – OUR REALITY

YEARLY TOTALS OF CASES REPORTED TO THE AUTHORITY

Total number of cases reported to the Authority yearly and average number of cases reported per month in each yearly period:

3348

5322

42454383 4383

3522

419 444 354 365 365 440

0

1000

2000

3000

4000

5000

6000

Y2015 Y2016 Y2017 Y2018 Y2019 Y2020

Nu

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er o

f C

ases

Re

po

rted

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CA

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YearTotal Average

DEMOGRAPHIC SUMMARY OF CHILDREN REPORTED TO THE CATT IN NEED OF CARE AND PROTECTION DURING THE PERIOD MAY.18.2015 TO AUGUST.31.2020

Gender of children brought to the attention of the CATT over the past five years:

42.0%

55.8%

2.2%

Male Female Unknown

Age groups of children brought to the attention of

the CATT over the past five years:

0.0%

5.0%

10.0%

15.0%

20.0%

25.0%

Unknown 0-11months

1-3 years 4-6 years 7-9 years 10-13years

14-15years

16-17years

2.5% 3.3%

10.5%

13.9%14.8%

23.0%

17.6%

14.5%

Per

cen

tage

of

Clie

nts

Age Groups

TOTAL REPORTS OF CHILDREN IN NEED OF CARE AND PROTECTION RECEIVED BY THE CATT FROM PROCLAMATION (MAY.18.2015) TO AUGUST.31.2020

0.0% 5.0% 10.0% 15.0% 20.0% 25.0%

At Risk of Abuse

Begging or Receiving Alms

Children in Need of Supervision

Suicide

Emotional Abuse

Lacking Care and Guardianship

Lost

Moral Danger

Neglect

Physical Abuse

Sexual Abuse

Trafficked

Refugee

Children in Conflict with the Law

Other

0.3%0.5%

5.9%1.8%

10.4%11.9%

0.2%3.7%

22.4%15.3%

23.4%0.0%0.1%

3.4%0.6%

Percentage of Reports

Cat

ego

ry o

f C

are

and

Pro

tect

ion

DEFINITION OF CHILD IN NEED OF CARE AND PROTECTION (SECTION 22(IA)

A child is in need of care and protection where the child:

(a) Has neither parent nor guardian who is fit to exercise care

and guardianship

(b) Is lost or has been and remains abandoned by his parent or

guardian

DEFINITION OF CHILD IN NEED OF CARE AND PROTECTION (SECTION 22(IA) –(CONT’D)

(c) Whose parent or guardian is prevented by

(i) Reason of mental or bodily disease

(ii) Infirmity or other incapacity

(iii) Any other circumstances

From providing for his upbringing and there is no available person or

persons capable, fit or willing to undertake the care of such child

DEFINITION OF CHILD IN NEED OF CARE AND PROTECTION (SECTION 22(IA)- (CONT’D)

(d) Is exposed to moral danger

(e) Is beyond the control of his parent or guardian (now called “a

child in need of supervision”)

(f) Is ill-treated or neglected in a manner likely to cause him

suffering or injury to health;

DEFINITION OF CHILD IN NEED OF CARE AND PROTECTION (SECTION 22(IA)- (CONT’D)

(g) Is destitute or is wandering about without any settled place of abode and without visible means of subsistence

(h) Is begging or receiving alms

(i) Is found loitering for the purpose of begging or receiving alms;

DEFINITION OF CHILD IN NEED OF CARE AND PROTECTION (SECTION 22(IA) - (CONT’D)

(j) Frequents the company of any criminal or

(k) Frequents the company of any common criminal or reputed

prostitute not being the mother of the child

APPLICATION FOR WARDSHIP (SECTION 23)

Section 23 Children’s Authority Act provides that:

“Where the Authority receives a child into its care under section 22 it shall immediately make an application to the Court for:-

(a) A Wardship Order under the Family Law (Guardianship of Minors, Domicile and Maintenance )Act or

(b) An order including an Interim Order under Section 25 that the Authority determines necessary.

The Authority must join the parent/guardian of the child to the Wardship Application (Section 23(2)

TYPES OF ORDERSA Fit Person Order

A Recognisance Order

A Foster Care Order

An Order Freeing Child for Adoption

A Contribution Order

A Supervision Order

AREAS OF COLLABORATION

INTER-AGENCY COLLABORATION

Inter-Agency Referral Pathways established with a number of stakeholdersincluding:

- TTPS - Child Protection Unit (CPU)- Counter Trafficking Unit (CTU)- Tobago House of Assembly (THA)- Ministry of Education - Student Support Services (SSSD)

Streamlined reporting of cases Investigation of matters Co-ordination of conduct of multi-disciplinary assessments of children Delivery of specialised training

NEXT STEPS

RECOMMENDED NEXT STEPS

Mapping of Inter-Agency Referral Pathways among

Labour Inspectorate / CPU / CATT

Interagency Agreements / MOU for case management /

monitoring

LET’S CONTINUE TO WORK TOGETHER “TO DEFEND AND SUPPORT CHILD RIGHTS AND MAKE CHILD

PROTECTION EVERYBODY’S BUSINESS”

Children’s Authority of Trinidad & TobagoTel: 627-0748

Email: info@ttchildren.orgWebsite: www.ttchildren.orgHotline: 996 or 800-2014

THANK YOU