Removal of an abused child to a place of safety

There’s an old adage that says ignorance of the law is no excuse...

Many people remain ignorant of the law despite all efforts to ensure that laws are published in the Government gazette for them to read them. Who is to blame for the society’s ignorance of the law? Here’s how to remove a child to a place of safety in Botswana under the Children in need of care Regulations…

Section 15 (1) of the Children’s Act of 1981 provides that where any person observing a child has reasonable cause to believe that the child is in need of care he shall immediately make a report thereof to the social welfare or a police officer in the district in which the child resides.

A social welfare officer or a police officer to whom a report has been made under the above section may remove or cause to be removed to a place of safety the child in question and shall as soon as thereafter as may be , subject to the provisions of section 17 (5), bring the child or cause him or her to be brought before the children’s court of the district in which the child is resident..

The child has to be brought before the court within 5 days of the removal.Where there is no immediate need for the removal of the child to a place of safety, the court may order that the parent or guardian of the child to bring the child before the court on a specified date.
The police officer who carries out the removal of the child to a place of safety must have an order in writing from the children’s court.

Power of a parent or guardian to bring a child before the Court Under Regulation 4 a parent or guardian who brings a child before the Court on the ground that he or she is unable to control the child, and that the child be dealt with the child as a child in need of care has to sign a consent form.

The best interests of the childThe best interests of the child shall be the paramount consideration in determining any question with respect to the removal of the child to an institution or a foster home.

When determining the best interests of the child, the following key factors are taken into consideration:

• The ascertainable wishes and feelings of the child in the light of the child’s age and understanding;

• The physical, emotional and educational needs of the child;

• The likely effect on the child of any change in his or her environment;

• the age, sex, background and any other relevant characteristics of the child.

• any harm already suffered or that is likely to be suffered by the child, if the child is not removed from his or her home.

Home environment similar to that of natural parentsWhen making an order for the placement of a child with a foster parent, if it is in the best interest of the child, the child shall be placed in a home environment similar to that of his or her natural parents. This is to curb further trauma and stress related with the environment.

Delay is likely to be prejudicial.
In the proceedings relating to the removal of a child to an institution or foster home the court must apply the general principle that any delay in determining the question is likely to be prejudicial to the welfare of the child.