The Report of the Task Force onthe New Regime for Juveniles inRemand and CorrectionalFacilities in JamaicaSubmitted by: Pa...
1TABLE OF CONTENTSPagesAcknowledgements .....................................................................................
2Interdisciplinary Framework ................................................................................................
3AcknowledgementsI acknowledge the Prime Minister’s challenge to the Public Sector Transformation Unit (PSTU)to create a N...
4with the law and also for providing us with educational counseling materials that are veryuseful in enhancing our approac...
5PreambleThis report represents the results of the consultations and the relevant literature reviewconducted to inform the...
67. Ministry of Youth, Sports & Culture (MYCS)8. Ministry of Justice (MOJ)9. Ministry of National Security (MNS)10. Jamaic...
7 A Physical infrastructure Framework to includeo Infrastructure/Standardso Securityo Disaster managemento Environmental ...
8Executive SummaryJamaica is a signatory to the American Convention on Human Rights and the Convention on theRights of the...
9The Restorative and Community Justice Programme will complement the new regime beingproposed for juveniles in Remand and ...
10 The causes and circumstances of the fire; The response of the management of the institution to the outbreak of the fi...
114. Removing children from Adult Correctional Centres such as Fort Augusta and Horizon.Irrespective of whether they are o...
12Table 1: Illustrates the increasing trend in the number of child offenders in Juvenile Remandand Correctional facilities...
13 Putting in place the correct institutional and policy framework for treating withdelinquent children who need to be re...
14Table 2 Summary of Focus Group ResponsesPositive Experiences andReinforcementsAreas of Concern Suggestions forImprovemen...
15The Policies and Protocols FrameworkThe Situational ContextThe Current Policy and Regulatory FrameworkJamaica is a signa...
161. “Establish an independent mechanism to monitor the situation of children in conflictwith the law including children i...
17The two primary agencies with responsibility for the care and treatment of children in conflictwith the law are the Chil...
18RecommendationsThe following recommendations cover a wide cross-section of critical areas that impact directlyon childre...
19Programme Assessment An annual assessment must be conducted of all educational programmes to determinelevels of complia...
20Socio-Cultural DevelopmentParental Commitment and Participation Provision must be in place to ensure full participation...
21re-integration strategies and approaches and mechanisms for engaging both communityand families to provide support for c...
22 A retention strategy must be developed, that must ensure continuity of care delivery forchildren in State care. A re-...
23After Care Support / Monitoring An aftercare programme must be established to ensure continued rehabilitation andmonito...
24New Institutional ArrangementsThe mandate of this subcommittee was to clearly define the roles of the Department ofCorre...
25“ Where, under the powers conferred by this section, a constable arrests any personwithout warrant, the officer or sub-o...
26Recommendations on the Role and Responsibilities of DCS and CDAin the New RegimeThe Rationale for the Operational Aspect...
27Legislative RationaleThe Child Care and Protection Act (2004) and the Corrections Act (2005) respectively, articulatethe...
28Table 3: Role of DCS and CDA under the New RegimeChild Development Agency Department of Correctional ServicesThe CDA is ...
29Concluding RemarksIt is strongly recommended that the Juvenile Remand and Correctional Facilities remain withthe Departm...
30The Legislative Framework3The Situational ContextThe existing Statutes establish clear provisions for the monitoring of ...
31RecommendationsThe recommendations are as follows: Implement the recommendations for amendment to the Corrections Act a...
32The CCPA currently provides for many of these options to be exercised by the Court. What isnow required is immediate pro...
33Assessment, Placement, Admissions and OrientationPoliciesThe Situational ContextCurrently, children in residential State...
34Children in Custody of the PoliceWhile children are in the custody of the police they are kept in a cell, in odd numbers...
35FindingsAssessment PolicyThe current assessment process and system in place for both the CDA and the Juvenile Remandand ...
36c) A Care Plan - which is designed to identify the various needs of the child. It shouldalso contain a schedule of relev...
37Figure 1: Proposed Admissions and Orientation ProceduresData CollectionName, Court Date(Remanding) Officer’s NameChild A...
38Case Management and Family Re-integrationThe Situational ContextIn keeping with the provision and principles of the Unit...
39There are several agencies involved in the initial stage of a child’s first contact on entering thechild protection syst...
40Children & Family Support Unit (CFSU)The Child and Family Support Unit (CFSU) of the CDA should be utilised to extend th...
41Recommendations1. Greater collaboration of all Agencies involved in the Child Protection System in thecontinuum of care,...
42Interdisciplinary FrameworkThe Situational ContextChildren in State care are considered by the United Nations to be a vu...
43The sub-committee recommends a comprehensive multidisciplinary approach to address therehabilitative and treatment needs...
44Education and TrainingThe various remand and protective-care facilities have different strategies and programmes foraddr...
45Support for EducatorsInstructional Staff To ensure compliance with professional standards for the instructional staff, ...
46 The related Ministries5establish and maintain inter-sectoral collaboration andconsultation for staff development and c...
47 Rationalization of existing institutions to create and include specialized institutions (asseen in the model employed ...
48Community-Based Organizations) to develop integrated and comprehensive curative,preventive and rehabilitative services f...
49It is strongly recommended that an effective prevention programme be instituted with threeclear objectives, namely: To ...
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica
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Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica

  1. 1. The Report of the Task Force onthe New Regime for Juveniles inRemand and CorrectionalFacilities in JamaicaSubmitted by: Pat Sinclair McCallaChief Executive OfficerPublic Sector Transformation UnitDecember 2010
  2. 2. 1TABLE OF CONTENTSPagesAcknowledgements ............................................................................................................................. 3Preamble ............................................................................................................................................. 5Organization of the Work of the Inter-Agency Committee ......................................................................5Methodology.............................................................................................................................................6Executive Summary ............................................................................................................................. 8The Context for Change ............................................................................................................................9The Armadale Fire.....................................................................................................................................9The Commission’s Report .......................................................................................................................10Juvenile Correctional and Remand Centres............................................................................................11The Catalyst for Reform ..........................................................................................................................12The Perspective of some Children in State Care.....................................................................................13The Policies and Protocols Framework............................................................................................... 15The Situational Context...........................................................................................................................15Recommendations..................................................................................................................................18New Institutional Arrangements........................................................................................................ 24The Situational Context...........................................................................................................................24Recommendations on the Role and Responsibilities of DCS and CDA in the New Regime....................26The Legislative Framework................................................................................................................. 29The Situational Context...........................................................................................................................30Recommendations..................................................................................................................................31Assessment, Placement, Admissions and Orientation Policies............................................................ 33The Situational Context...........................................................................................................................33Findings...................................................................................................................................................35Recommendations..................................................................................................................................35Case Management and Family Re-integration .................................................................................... 38The Situational Context...........................................................................................................................38Recommendations..................................................................................................................................41
  3. 3. 2Interdisciplinary Framework .............................................................................................................. 42The Situational Context...........................................................................................................................42Recommendations..................................................................................................................................43Physical Facilities ............................................................................................................................... 50The Situational Context...........................................................................................................................50Recommendations..................................................................................................................................54Conclusion ......................................................................................................................................... 56APPENDICES....................................................................................................................................... 58Appendix 1: List of Committee Attendees..............................................................................................58Appendix 2: Working Groups and Focus Areas.......................................................................................59Appendix 3: Statement By the Prime Minister .......................................................................................60Appendix 4: Process Flow .......................................................................................................................65Appendix 5: Profile of Child Care Institutions.........................................................................................66Appendix 6: Ideal Facilities .....................................................................................................................70Appendix 7: Physical Facilities ................................................................................................................71Acronyms........................................................................................................................................... 95References......................................................................................................................................... 96
  4. 4. 3AcknowledgementsI acknowledge the Prime Minister’s challenge to the Public Sector Transformation Unit (PSTU)to create a New Regime for Juveniles in Correctional and Remand Facilities. This could not bedone without the inputs of all the major stakeholders who through their commitment,knowledge and expertise, were able to contribute meaningfully to the entire process ofdeveloping this new regime. Many of the ideas presented in the report are not new or novel,but are practical given our socio-cultural milieu and are achievable in practical terms with theright leadership, a willingness to work collaboratively, the availability of reasonable financialand material resources, trained and competent staff and the will to change the way we areaccustomed to doing things.My special thanks to the core members of the Working Committee who worked tirelessly indistilling various concepts and conventions that needed review and reformulation in pragmaticterms to treat with the policy, legislative, operational and institutional changes that arenecessary to facilitate a new regime for juveniles. I wish to acknowledge the Chairmen of theSub-Committees who worked assiduously to present the relevant reports, Dr. MicheleMeredith, Mrs. Marlene Gooden, Mrs. Carla Francis-Edie, Ms. Laura Plunkett, Ms. AudreyBudhi, Ms. Netricia Miller and Mrs. Mary Clarke and my Assistant on the Committee, Mrs.Charmaine Nelson who played a significant coordinating and catalytic role.Sincere appreciation must be expressed to the following persons who broadened ourperspective and shared candidly on what should inform this new regime. They shared of theirtime and expertise freely with the Committee and provided invaluable feedback on the draftReport. Among them are the following:The Honourable Justice Zaila McCalla who spent an entire morning with us, exploring ways ofimproving the justice system to ensure expeditious and sensitive handling of children who arein conflict with the law and an assurance of her availability and commitment to continuedimprovements of the Court System.Special thanks and appreciation to Dr.the Honourable Carolyn Gomes and Mrs. Susan Goffe fortheir frank and open discussions and feedback on how to improve the system. Dr. Gomes onwhose instrumentality we were able to have an invaluable interaction with Judge Gail ChangBohr a judge in the District Court, Minnesota, USA.Judge Gail Chang Bohr took time out of her vacation to Jamaica to share with us her insightsfrom her experiences in North America, having worked in the Courts with children in conflict
  5. 5. 4with the law and also for providing us with educational counseling materials that are veryuseful in enhancing our approach to treating with children in conflict with the law.Mr. Roger McGarva, Senior Technical Advisor, Rehabilitation and Integration Programme andConsultant to the Ministry of National Security who shared with us international best practicesin the management of young offenders and Mrs. Janet Al-Utaibi, Re-Integration ProgrammeManager British High Commission.Ms. Narda Marasovic, Deputy Director of UNICEF and Mrs. Janet Cupidon Quallo, ChildProtection Specialist who provided technical assistance to the project. A great depth ofgratitude is expressed to Ms. Audrey Budhi of the Child Development Agency on whoseinitiative we were able to access UNICEF funds to facilitate the activity of Mrs. Carol Watson-Williams, in the collation of the information with assistance from Mr. Ryan Evans of the CabinetOffice.The Report reflects the hard work and commitment of public officers, who are intimatelyinvolved in working with children who are wards of the State and to them we owe a debt ofgratitude. To the wider Committee, accept my sincere thanks and appreciation for yourinvaluable contribution.Pat Sinclair McCallaChairmanWorking Committee on the New Regime for Juveniles in Correctional and Remand Centres
  6. 6. 5PreambleThis report represents the results of the consultations and the relevant literature reviewconducted to inform the New Regime on Juveniles in Remand and Correctional Facilities.Emerging out of months of deliberations with critical stakeholders is a comprehensive review ofexisting policies, processes, procedures and protocols that have informed the revised structuresand systems proposed for consideration of the new regime.Visits and consultations with international experts in the field have provided new insights ininfluencing the content of this paper, that should facilitate a paradigm shift and impactdramatically on the approach to be adopted and the mechanisms to be instituted, to facilitatethe requisite changes necessary for the implementation of a new regime in the treatment ofjuveniles in conflict with the law.Organization of the Work of the Inter-Agency CommitteePrime Minister Golding assigned to the Public Sector Transformation Unit (PSTU) the task ofdeveloping a new regime and structure for Juveniles in Correctional and Remand facilities. Inexecuting its mandate, the PSTU invited the critical stakeholders involved in the managementand care of children and youth to participate in a working group, aimed at developing therelevant structure and mechanisms that would provide for an efficacious system ofmanagement for children and youth, who were in conflict with the law.The PSTU established an Inter-agency Committee to undertake the review. The Committee meton several occasions covering the period March - October 2010. In addition to this, a tour of theproposed Metcalfe Street Remand Centre was conducted on April 14, 2010 to ensure that theappropriate physical infrastructure was incorporated into the refurbishing of the Centre toaccommodate juveniles.The Committee comprised representatives from the following Ministries and Agencies, namely:1. Public Sector Transformation Unit (PSTU)2. Office of the Children’s Advocate (OCA)3. Child Development Agency (CDA)4. Office of the Children’s Registry (OCR)5. Ministry of Education (MOE)6. Ministry of Health (MOH)
  7. 7. 67. Ministry of Youth, Sports & Culture (MYCS)8. Ministry of Justice (MOJ)9. Ministry of National Security (MNS)10. Jamaica Constabulary Force (JCF)11. Jamaica Defence Force (JDF)12. Department of Correctional Services (DCS)A full listing of the members of the Committee is contained in Appendix 1MethodologySmall working groups1were established to consider and develop an appropriate framework forthe new regime in the following areas: The Policies and Protocols Framework The Legislative Framework The Assessment, Placement, Admissions & Orientation Framework The Case Management System, Family Support & Re-integration Framework An Interdisciplinary Framework to include:o Health Care and Managemento Education and Training (Mainstreaming)o Counselling and Mentoringo Sports and Leisureo Special Needso Integrated Community Developmento Transition to Independent Livingo Partnerships and Volunteerism An Institutional Framework to include:o The Role and Responsibilities of the Child Development Agency (CDA) and therole of the Department of Correctional Services (DCS)o Staffingo Finance1Appendix 2 provides a listing of the members of the working groups
  8. 8. 7 A Physical infrastructure Framework to includeo Infrastructure/Standardso Securityo Disaster managemento Environmental managemento Special NeedThe report also addresses: Considerations for children with special needs, and A framework for the successful transition of children/youth to independent living onattaining age eighteen (18) years.The information elaborates more specifically on these areas identified above and proposesrecommendations to govern this new architecture. It must be noted that therecommendations proposed are consistent with some of the recommendations emanatingfrom the Armadale Commission of Enquiry.
  9. 9. 8Executive SummaryJamaica is a signatory to the American Convention on Human Rights and the Convention on theRights of the Child. It therefore is obliged to adhere to and maintain the international standardsfor the protection of children in the custody of the State. As a party to all international andregional Human Rights Conventions, Jamaica must conform to the established protocols.Consistent with being a signatory to these Conventions, the State enacted the Child Care andProtection Act (2004) which gives credence to the legislative mechanism that provides for theeffective protection of the rights of Jamaican children.At present, there are three main institutions of government - the Child Development Agency(CDA), the Office of the Children’s Advocate (OCA) and the Children’s Registry, each with adifferent mandate, which have complementary roles in ensuring the protection of all children,including those in the care of the State. It must be noted however, that the accountabilityframework for the CDA must specify its primary responsibility for all children who come to theattention of the State, in whatever capacity, either in need of care and protection or in conflictwith the law.Jamaica has had several initiatives to improve the safety and well-being of children in thecustody of the State. There remain serious challenges however, that must be addressed toensure the proper protection of children. Effective implementation of the appropriate policieswill require resources such as highly trained and skilled personnel and suitable physicalfacilities, as well as appropriate programmes, new institutional arrangements and an integratedapproach to management and coordination of the system. Proper coordination and integrationof all related programmes, inclusive of the Restorative Justice initiative must be pursued for theoptimum results in the transformation of the lives of children in State care.It is therefore imperative that the Government assumes the responsibility for the upgrading ofcare facilities. Thorough reviews of the institutional framework and the improvement of themonitoring and evaluation mechanisms are required to ensure the proper treatment and careof children in State care.A new philosophy governing children in State care will demand a paradigm shift at all levels ofmanagement. This is critical to implementing the new institutional arrangements, consistentwith meeting the State’s obligation regarding the care of children who are wards of the State. Itbegins however, with a commitment at the highest level to articulate and implement this newarchitecture, to govern juveniles in Remand and Correctional facilities.
  10. 10. 9The Restorative and Community Justice Programme will complement the new regime beingproposed for juveniles in Remand and Correctional Facilities. This programme is managed bythe Ministry of Justice and the details will not be included in this report.The Context for ChangeSuccessive governments have grappled with the issue of the broad institutional regime thatshould be adopted to address not only juveniles in Remand and Correctional Facilities, but alsochildren in Residential Child Care Facilities, including Places of Safety. It was this latter concernthat led the former Prime Minister, The Most Honourable P. J. Patterson to commission in 2003a review of all Children’s Homes and Places of Safety in Jamaica. The 2003 Keating Report wasthe outcome of that process.It was yet another event in May 2009, that of the tragic fire at the Armadale CorrectionalCentre for Girls, which evoked harsh condemnation of the Correctional Services and sharpenedpublic focus on the need for more suitable facilities in the provision of a more humaneprogramme for child offenders. It is in this context, that the Honourable Bruce Golding, PrimeMinister established the rationale for a fundamental change in the current institutionalarrangements governing juveniles in Remand and Correctional facilities and stated that theChild Development Agency would assume overall responsibility for such children. See PrimeMinister’s Statement to Parliament (Appendix 3).This tragedy prompted a comprehensive review of the system and has led to the developmentof a proposal for a new policy framework and regime for the treatment of juvenile offenders,with the intention of shifting the focus on the punitive aspects towards truly transforming,nurturing and mentoring these children.The Armadale FireIn May 2009, there was a tragic fire at the Armadale Correctional Centre for Girls in whichseven children lost their lives. This incident highlighted the conditions under which juveniles arehoused in some facilities. It also accentuated some serious abuses and procedural deficienciesin the current system which indicated a need to focus on providing more suitable facilities and amore humane programmes for child offenders.Following the fire, the Prime Minister ordered the Centre to be closed immediately. He visitedthe tragic site and commissioned an Enquiry into inter alia:
  11. 11. 10 The causes and circumstances of the fire; The response of the management of the institution to the outbreak of the fire, includingestablished evacuation procedures and the availability and readiness of fire preventionand firefighting equipment at the institution; The behaviour of the juvenile detainees occupying the institution before and at the timeof the fire, the response of the emergency services, including the police, fire andmedical services and the effect these had on the origin, control and consequences of thefire.The Commission’s ReportThe report of the Commission of Enquiry contains several findings and recommendationsconcerning the management of juvenile facilities: The issues raised include:1. Instituting measures for the care and treatment of wards including their physical,emotional and psychological needs and educational requirements.2. Ensuring compliance with basic standards for safety, security, health and sanitation atall juvenile Correctional and remand facilities.3. Reviewing and modernizing the programme of rehabilitation for children placed onCorrectional orders as well as those on remand. This will include: Fulfilling staffing requirements by recruiting and training all persons employed atthese institutions. Providing accommodation at Montpelier and Cape Clear, in the first instance, whichwill accommodate minimum levels of personnel residing on the premises, and,thereafter, to be instituted at all similar institutions. Developing an Admissions and Orientation policy for all juvenile centres Instituting and maintaining a case management system for each ward. Designing a new rehabilitation programme to be monitored and evaluated on aregular basis.
  12. 12. 114. Removing children from Adult Correctional Centres such as Fort Augusta and Horizon.Irrespective of whether they are on Correctional orders or on remand, the environmentin these facilities is inappropriate.5. Discontinuing the detention of children in Police lockups which is unacceptable andshould not be allowed to continue.The Report emphasised that adequate accommodation must be provided for those childrenplaced in the custody of the State by the Courts, as well as those awaiting appearance before ordetermination by the Courts. The accommodation must be sufficient to allow for theappropriate placement of these children based on their peculiar circumstances and needs andfor the execution of effective programmes to address their behavioural problems.The other important factor driving the change agenda, is the current situation that obtains atthe Juvenile Correctional Centres.Juvenile Correctional and Remand CentresThere are three Juvenile Correctional Centres and one Juvenile Remand Centre with a totalcapacity of 311. As at early 2010, three hundred and twenty five (325) children were in thesefacilities, of whom, two hundred and eighty six (286) are subjects of Correctional Orders, issuedby the Courts and thirty nine (39) are being held on remand. However, an additional onehundred and twenty four (124) children are being housed at other facilities which, althoughdeclared as juvenile institutions for purposes of the law, are not appropriate for the custody ofchildren. These include: 35 girls at Fort Augusta Women’s Correctional Centre (10 of whom are on remand) 31 children at Horizon Remand Centre – 2 girls and 29 boys (on remand) 68 children (64 boys and 4 girls) are being held at 13 Police lockups across the island.
  13. 13. 12Table 1: Illustrates the increasing trend in the number of child offenders in Juvenile Remandand Correctional facilities from 2005 to December 2008.Table 1: Number of Offenders in Juvenile Remand and Correctional Centres2005 2006 2007 2008288 382 332 339Source: Department of Correctional Services 2008These figures indicate that the capacity of some of our Juvenile Remand and CorrectionalCentres is fully exhausted and the Correctional Centres are, in fact, overcrowded because of theneed to accommodate additional children being held on remand.In addition, as stated by the Prime Minister in his March 2, 2010 address to the Parliament, thehousing of children at Adult Correctional Centres such as Fort Augusta and Horizon RemandCentre either on Correctional Orders or on Remand, is inappropriate and unacceptable and is infact, in violation of the provisions under the 2004 Child Care and Protection Act (CCPA).The situation governing the detention of children in Police lockups also continues to be a majorconcern. There is an urgent need to refurbish existing facilities to accommodate the children inconflict with the law who are being held in State institutions. The priority for refurbishmentshould be determined based on current needs and the existing condition of the facilities.The Catalyst for ReformThe Armadale Fire being the trigger for fundamental changes to the system, the Prime Ministertherefore committed the GOJ to inter alia: Providing adequate accommodation for those children placed in the custody of theState by the Courts and those awaiting appearance before or determination by theCourts Ensuring that the accommodation be sufficient to allow for the appropriate placementof these children based on their peculiar circumstances and needs Carrying out of effective programmes to address the behavioural problems of thosechildren in custody.
  14. 14. 13 Putting in place the correct institutional and policy framework for treating withdelinquent children who need to be reformed, cared for and mentored rather than notpunished. Placing juvenile correctional and remand facilities under the Child Development Agencywhich is better able to provide the type of support that these children require.The Perspective of some Children in State CareA series of focus group discussions were conducted with children in State care to listen to theirviews and solicit their input regarding areas that require improvement and to inform the “nextsteps” agenda.A total of twenty six (26) children from three (3) Juvenile Facilities, namely; (Rio Cobre, FortAugusta (Juvenile Section) and Central Kingston Police Lock-up participated in thesediscussions. The children spoke freely and related some good experiences, some concerns butalso made some suggestions for improvement. Table 4 is a summary of their responses.The following represents some of the major findings which are stated in 3 broad areas, namelypositive experiences and reinforcements, areas of concern and suggestions for improvements.1. There is need for improvement in bathroom facilities.2. There needs to be improvement in meal preparation and in the quality of mealsprovided.3. Children want to be able to speak in court.4. Children feel that they need privacy to speak with relatives.
  15. 15. 14Table 2 Summary of Focus Group ResponsesPositive Experiences andReinforcementsAreas of Concern Suggestions forImprovement Access to education andbeing able sit CXC exams Being able to participatein “sports day” andoutdoor games They named individualofficers who treatedthem well Being allowed to watchtelevision Sometimes meals weregood “ Rice and Peas andChicken with Pudding” ona Sunday The “BehaviourModification Programme”and the incentives They felt generally safe,unless they were riotsamong other wards Poor condition of generalfacilities including unhygienicbathrooms, lack of waterand sometimes poor qualityof the water, Bug infested mattresses,having to sleep on theconcrete at times Meals, not tasty, no variety,no ice. Verbal abuse from staff andfrom officers, includingname-calling and physicalabuse from some policeofficers Medical problems publicizedto embarrass them No privacy when speakingwith family members When taken before thecourts not allowed to speakand hand cuffs are generallytoo tight Lock down periods are toolong Lack of skill training in areassuch as; tailoring, auto-mechanics, woodwork,computer training Bathrooms need tiling andaccess to clean water Improvement in mealpreparation as well as in thequality of meals providedand changes in the timesthat meals are served Children want to be able tospeak in court and needpersons who will listen Children request moreprivacy especially whenspeaking with relatives. Increased levels ofinteraction instead oflockdown A designated day for phonecalls Personal items to bebrought in by relatives onvisiting day No more than 3 or 5persons to a dorm, singlebeds – reduces conflict Brightly coloured walls andlockers to store personalitems Uniforms for school
  16. 16. 15The Policies and Protocols FrameworkThe Situational ContextThe Current Policy and Regulatory FrameworkJamaica is a signatory to the Convention on the Rights of the Child and ratified the Conventionin 1991. The Convention outlines some general human rights principles and measures thatchildren are entitled to: The right to non-discrimination The best interests of the child The right to survival and development The right to express opinions freely on matters affecting him/her and to have thoseviews taken into considerationThe Government, in further demonstrating its commitment towards a protective environmentfor children, enacted the Child Care and Protection Act (CCPA) in 2004.The CCPA (2004) broughtthe legislation into alignment with international treaties.The Act strengthens the care and protection of children by introducing new standards for theirtreatment, while removing the fragmentation of legislation relating to their welfare. It bringsunder one umbrella, measures concerning children previously embedded in the Juvenile Act(which was effectively repealed with the enactment of the CCPA), as well as, the provisions inover 20 other laws. It also draws on provisions applicable to children under the OffencesAgainst the Person Act. The CCPA therefore provides protection for all children (0-18), givingattention to special categories of children such as “Children in Conflict with the Law”, “Childrenin Need of Care and Protection”, and “Children Afflicted with Disabilities”.The United Nations Convention on the Rights of the Child (CRC) Article 37b states:“No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention orimprisonment of a child shall be in conformity with the law and shall be used only as a measureof last resort and for the shortest appropriate period of time”.The UN Committee on the Rights of the Child (UNCRC) in their 2003 Concluding Observations onthe Jamaica Periodic Report, made several legislative and policy recommendations to theGovernment of Jamaica regarding the treatment of children in the justice system. Includedamong them are the following:
  17. 17. 161. “Establish an independent mechanism to monitor the situation of children in conflictwith the law including children in juvenile detention centres and monitor preventive,recovery and evaluation policies in this regard2. Amend legislation to ensure children are not sentenced to life imprisonment3. Strengthen efforts to educate and sensitize police personnel, judiciary and other staff inthe Juvenile Justice System to the provisions of the CRC especially concerning the specialneeds of children deprived of their liberty to ensure the rights of the child.4. Take further measures to ensure that detainees under the age of 18 are not kept in oreven placed in police lock-ups in substandard conditions5. Improve the living conditions of children on remand and encourage communicationbetween the police and the children’s officers responsible for the placement of detainedchildren6. Take further measures to provide alternatives to institutionalization of juvenileoffenders. In this regard, the Committee wishes to emphasize that article 37(b) of theConvention requires that detention shall be a last resort and for the shortest period oftime possible7. Evaluate and improve the standards of juvenile institutions such as Places of Safety,including their living conditions, reintegration and psychological recovery programmesand the quality of personnel”.Ministries, Departments and Agencies (MDAs)There are five key Ministries which are responsible for the protection of the nation’s children,subject to the boundaries of their remit. These are the Ministry of Health, the Ministry ofNational Security, the Ministry of Justice, and the Ministry of Youth, Sports and Culture and theMinistry of Education. In addition to the foregoing, two other entities, the Office of theChildren’s Advocate and the Children’s Registry, with their respective mandates, were createdunder the CCPA. All these bodies provide the (a) legal/legislative framework for the protectionof children, (b) the investigations into the incidence of abuse, and (c), social welfareintervention policy on the incidence of violence and abuse.Complementary to the MDAs, there are over one hundred and fifty (150) national, community-based and NGO-led organizations across the island, that deal with issues pertaining to thewelfare and well-being of children. The International Development Partners (IDPs) play asignificant role in providing technical and financial support to both governmental entities andNGOs.
  18. 18. 17The two primary agencies with responsibility for the care and treatment of children in conflictwith the law are the Child Development Agency (CDA) and the Department of CorrectionalServices (DCS). According to the Attorney General’s Chambers, the Corrections Act confers onthe DCS, the responsibility for Child Offenders placed in Juvenile Remand and CorrectionalCentres. Administrative provisions for the operation and management of those centers are alsoset out under the stated Act. In addition, the 2ndSchedule of the Act, establishes the rulesgoverning the administration of Juvenile Correctional Centres and the treatment of ChildOffenders placed in them.The CDA’s mandate and functions are designated under the Executive Agencies Act (2002) andits Scheme of Management. The Agency, as an Executive Agency under the portfolio of theMOH, is mandated to ensure the safety, security, growth and development of children andyoung persons in State care.The CCPA provides the legislative framework on the care, protection and treatment of childrenin general and in particular, those in need of care and protection by the State. The CDA is thegovernment agency presently mandated with the responsibility for administering the CCPA, andis the primary agency responsible for all children who fall within the ambit of State care.Present Policies, Plans and ProgrammesProvisions are made under specific Policies, Plans and Programmes to ensure the preservationof the rights of children in the care and custody of the State. Among them are the following:1. The National Policy on Children (1997)2. The National Plan of Action on Children (1990-2000)3. The National Strategic Plan for Youth (2005)4. The National Plan of Action for Children Orphaned or Made Vulnerable by HIV/AIDS(OVC) (2003)5. The National Strategic Plan for HIV/AIDS6. The National Plan of Action on Child Justice (2006-2011)7. The Report on HPM Taskforce on Children in State Care (2009)8. The National Framework of Action for Children (2009-2013) (Multiple Reviews)
  19. 19. 18RecommendationsThe following recommendations cover a wide cross-section of critical areas that impact directlyon children who are residents of Remand and Correctional Facilities.Programme Quality and Delivery All educators delivering educational and skills development training programme tochildren in State care must utilise the established curriculum commensurate with boththe age and grade level of the children. All host schools2must allow access to professional development and support service toteachers/instructors in State Institutions. Children in State care must be engaged in a structured educational and skillsdevelopment programme at all times.Teachers All teachers/instructors are to be properly trained and certified. The employmentarrangements are to be facilitated by the Ministry of Education and thereafter teachersare to be assigned to the Remand and Correctional Facilities. A special allowance is to be paid to all such assigned teachers/instructorsStaff Development All staff must be trained with the requisite skills. Such staff training and skillsdevelopment must take into consideration service delivery to children irrespective of hisor her gender, race, communication level, literacy levels or sexual orientation, etc.Access to Materials / Learning Instruction Guides / Instruments Children must be provided with or allowed access to books and educational materialsand resources necessary to facilitate instruction and learning while in State care. All learning materials and instruments are to be designed and teachers extensivelytrained with the skills necessary to work with special needs children. Children under Court Order must have access to the requisite instruction and resourcesto continue examination preparations commensurate with grade levels.2A host school attachment is the created and approved association between a government school and another entity (in thiscase a Juvenile Remand or Correctional facility) providing educational services. The arrangements for host school attachmentsinclude exposure to training and other professional development activities, technical guidance and support from thesupervisory officer corps of the MoE to ensure compliance with established operational standards. The attachment requires on-going supportive relationship between the host school and the attached institution.
  20. 20. 19Programme Assessment An annual assessment must be conducted of all educational programmes to determinelevels of compliance with the national curriculum. Such activities are to be carried outby The Ministry of Education/ National Compliance Commission.Early Childhood Development Early Childhood Institutions operated by the State must be registered and provisions putin place to ensure consistency and compliance. Children in State care 0 – 7 years must have access to early childhood education andsuch institutions must be registered and be compliant with the Early ChildhoodCommission guidelines.Children Capacity/ Need Assessment A preliminary assessment to include psychological, medical, literacy and cognitiveassessment of the child at the point of entry in a Remand Centre or Place of Safety mustbe conducted by the CDA within 48 hours, but no later than five working days of thechild being admitted. A comprehensive assessment must be completed for each child at the point of entryinto a Correctional Centre or a Children’s Home / LIFE Placement. Such assessmentmust be carried out within 96 hours but no later than seven working days of the childbeing admitted to the institution. Preliminary and Comprehensive Assessment Guidelines are to be developed and stafftrained on its application. Such activities associated with the assessment must beincluded as part of the Institutions Admission and Orientation Policy.After Care Support Grants must be provided to ensure children have access to funding to meet educationaland training needs during and after graduating from State care. This will ensureprogramme continuity, while facilitating both the education and skills acquisition needsof the child.Certification for Children Provisions must be made for each child to be awarded with a school leaving certificate.Such certificate is to be issued by the host school. Provisions must be made for each child participating in a skills development andvocational training programme to be duly certified by the host institution.
  21. 21. 20Socio-Cultural DevelopmentParental Commitment and Participation Provision must be in place to ensure full participation of parents who must continue toprovide support for their children while they are in State care and to contribute to theoverall development of these children. Such engagements should be formallyestablished in writing and signed by all responsible Duty Bearers (Parents & StateRepresentatives). Each parent must participate in a structured developmental programme, necessary toensure support for both child and parent/guardian.Parenting Commission The overall creation of a socio-cultural development programme must be subsumed aspart of the responsibility of the Parenting Commission, to ensure that such areas areextensively covered in the National Parenting Policy.Child Re-integration Strategies A reintegration strategy must be identified and developed for each child released fromthe system, into the wider community. This should be done by the CDA working incollaboration with social mobilization agencies such as the SDC and community basedorganizations (CBO). A reintegration strategy must be identified and developed for each child, who by virtueof his or her status will graduate to an adult Correctional facility. This must be designedto ensure the optimum rehabilitation and empowering of the child to eventuallyreintegrate into society. The establishment of Child Protection Committees at the parish level which will, as partof their remit, ensure the adoption of re-integration strategies targeting children leavingState care. Such a strategy must embrace partnerships established with community-based organizations, faith-based organizations and youth clubs, etc to provide supportand to enable a smooth transition of such children into their respective communities. Re-integration strategies are to be activated no later than six months, prior to a childbeing released from State Care and such strategy must include mechanisms for follow-up and monitoring of the child or young person for a period, not less than twelvemonths after the re-integration placement has occurred. A comprehensive educational campaign targeting probation officers, case managers,children’s officers, police officers and members of the Judiciary, must be developed anddelivered. Such a programme must outline issues relating to restorative justice, client
  22. 22. 21re-integration strategies and approaches and mechanisms for engaging both communityand families to provide support for children.Probation Officer Report Home assessment, where applicable, must be conducted prior to a child being releasedfrom Remand and Correctional Facilities. Findings from the home assessment, must inform the overall re-integration strategy fora child leaving such facilities under special provisions such as children accorded licencefor good behaviour.After Care Support An After-Care Support Schedule is to be created outlining the types and levels of servicedelivery for children, sixteen years or age or younger who are being released from Statecare. A minimum of 6 months should be allowed as a period of transition, to assist re-integration and re-socialization.Transportation Provisions for Children Remanded Provisions must be made for children to be transported to and from the Courts on thescheduled dates for such appearances. The transportation must be in full compliancewith the “Riyadh” Guidelines.Dietary Needs Children must be provided with meals and other support commensurate with theirdietary needs prior to being transported to, during the time at the Courts, and followinghis/her return from the Courts to his or her dwellings.Court Personnel Personnel working with children during their visits to the Courts must be trained toprovide support that is sensitive to both the age and gender of the specific child. Suchtraining must include, but may not be limited to, basic understanding of child rights,child development and how to care for children with special needs.Human Resources Personnel who are recruited to work directly with children in State care must possessthe requisite skills and competencies and must be supported by a rigorous orientationand skills development programme that supports the child’s developmental cycle.
  23. 23. 22 A retention strategy must be developed, that must ensure continuity of care delivery forchildren in State care. A re-registration and re-certification programme must be instituted for Caregivers withdirect responsibility for supporting children in State care. This must be administered bythe Child Development Agency as a critical part of the Agency’s core functions.Case Management - Remand at Police Lockup Children are not to be held in a police lockup in excess of 48 hours. Families and the CDAshould be notified immediately the child is remanded. Guidelines outlining methods of detaining, holding and care delivery to a child in apolice lockup must be developed and incorporated in the A-Z Manual. The A-Z Manualarticulates the holistic framework within which all agents in the Child Protection Systemmust operate when a child is remanded in custody.Continuance of Sentence (Exit Assessment) Children whose sentence continues into adulthood, must be prepared bothpsychologically and physically at least 3 – 6 months prior to being transferred to an adultinstitution. An exit assessment is to be done for children who have a continuous sentence and whoupon attaining the age of 18 will transition to an Adult Correctional Facility. The exitassessment must determine the relevant rehabilitation and a determination as towhether the child or/ young person qualifies for parole / license. Personnel must be trained in conducting various risk assessment and to develop anyother skills necessary to support children who are in State care. A refresher trainingprogramme must be instituted to ensure continuity of knowledge and adoption ofmodern practice. A general assessment of such training and tools must be conductedannually to determine compliance.Interviewing and Intervention Practices A collaborative approach involving the CDA, JCF & OCA must be adopted when carryingout interviews and interventions on behalf of the child. Every child exiting State children’s institutions should be provided with critical personalidentification i.e. TRN, Birth Certificate, and a National ID Card.
  24. 24. 23After Care Support / Monitoring An aftercare programme must be established to ensure continued rehabilitation andmonitoring of children who have committed a sexual offence, served their sentence andare exiting at the age of 18 years.Bail Offer Strategy A new strategy must be adopted in the application of a mediatory approach indetermining the reasons and identifying solutions that will enable parents and/orguardians to respond to Bail Offers for children who are in remand.Transition Homes Temporary residential accommodation is to be provided for children who will exitRemand and Correctional Facilities and who do not have parental support, until they areappropriately placed or are able to live independently. This will be provided both forchildren (under 18 years) and young adults on attaining eighteen (18) years. A socialworker must be assigned to work with the child and his or her family or guardian toensure continuity of support for the child and family.
  25. 25. 24New Institutional ArrangementsThe mandate of this subcommittee was to clearly define the roles of the Department ofCorrectional Services (DCS) and the Child Development Agency (CDA) under the new regime.The Situational ContextThe first point of contact for children in conflict with the law is usually with the police or theCDA. Children in need of care and protection are clearly the responsibility of the CDA, however,the Prime Minister has now designated the CDA to assume responsibility for children who comein conflict with the law.Currently the Police do not take all children in contact with them to the CDA even thoughSection 12. (1) of the Child Care and Protection Act (CCPA), (2004) states that:“A constable, a children’s officer or a probation and after-care officer may take to aplace of safety any child in respect of whom any offences mentioned in the SecondSchedule has been committed, or there is reason to believe has been committed, or whois, in accordance with the provisions of Section 13, about to be brought before aChildren’s Court”.This section is ambiguous and needs to be amended to ensure clarity. On one hand, it could beinterpreted as speaking about children who commit the offences mentioned in the SecondSchedule, thereby giving the responsibility to the Government Agency responsible for childrenand hence taking them to a Place of Safety. However, Section 15 of the CCPA (2004) states that:“Any constable may take into custody, without warrant, any person who-(a) commits within his view, any of the offences mentioned in the Second Schedule;(b) has committed, or whom he has reason to believe to have committed, any suchoffence,If the constable has reasonable grounds for believing that such person will abscond, or ifthe constable does not know and cannot ascertain that person’s name and address”, it iswithin his/her jurisdiction to remand in custody such a person. Hence, the problem ismulti-faceted as the Child Care & Protection Act in parts tends to merge certainresponsibilities, creating a blurring of the lines of responsibilities.Reference is made to Section 15 (2) which states the option of the Bail Act which positsaccordingly that:
  26. 26. 25“ Where, under the powers conferred by this section, a constable arrests any personwithout warrant, the officer or sub-officer of the police in charge of the station to whichthat person is brought shall grant the person bail in accordance with the Bail Act, unlesshe believes, on reasonable grounds, that the release of that person on bail would tend todefeat the ends of justice, or to cause injury or danger to the child against whom theoffence is alleged to have committed”.There is however, an inherent problem which is the underutilization of the facility to releasechildren on ‘bail’. Service providers state that the main reasons stated for children not taken tothe CDA once they come in contact with the police are the following: Insufficient knowledge of the law The law on the issue is imprecise Lack of vehicles for transporting the children and or Insufficient space in the Places of SafetyIt is recommended that these shortcomings be addressed consistent with the CCPA (2004)indicated in Section 67 (3) which states that:“Where a person apparently a child is apprehended and is not released under subsection(2), the agency responsible for the care and protection of children shall cause the personto be detained in a juvenile remand centre until the person can be brought before acourt“.According to Section 67 of the CCPA (2004), the civil liberties of the child in need of care andprotection and the child in conflict with the law, must be upheld. It is the Committee’ssubmission that this interpretation is consistent with the objectives of the Child Care &Protection Act (2004). Hence, even though a child is in conflict with the law, it does not meanthat the child cannot still be in need of care and protection.
  27. 27. 26Recommendations on the Role and Responsibilities of DCS and CDAin the New RegimeThe Rationale for the Operational Aspects of the Juvenile Correctional Centres remaining withthe Department of Correctional ServicesOperational RationaleSection 47 (1) of the Child Care & Protection Act states in that:“No person shall establish or maintain a children’s home except under a valid licencegranted to him by the Minister in respect of the home:Provided that nothing in this subsection shall apply to –(a) a juvenile correctional centre”The establishment of a Juvenile Correctional Center does not fall under the operationallicensing ambit of the Child Development Agency. The operations of a Juvenile CorrectionalCentre fall within the purview of the Department of Correctional Services which is governed bythe Corrections Act (2005) as stated in Section 48 (1) thus:“The managers of any institution intended for the education and training of persons tobe sent there pursuant to the Child Care & Protection Act, may apply to the Minister todeclare the institution to be a juvenile correctional centre…”This section speaks directly to the stated purpose of a Juvenile Correctional Centre, which is forthe education and training of persons (children) sent there pursuant to the Child Care &Protection Act (2004). It is therefore not expected that the CDA would have any jurisdictionover the operations of the Juvenile Correctional Centres. However, the CDA would play aregulatory role in the monitoring of children in such Facilities. It is proposed that the remit ofthe Child Development Agency be confined to the welfare of children in Remand andCorrectional Facilities and not in the assumption of responsibility to operate such Facilities thatshould remain solely under the purview of the Ministry of National Security.Of necessity, the CCPA will have to be amended to give authority to the CDA to monitor andregulate the children who are sent to Juvenile Remand and Correctional Centres pursuant tothe Child Care & Protection Act (2004).
  28. 28. 27Legislative RationaleThe Child Care and Protection Act (2004) and the Corrections Act (2005) respectively, articulatethe powers vested in both Entities namely; the Child Development Agency and the Departmentof Correctional Services. Both Statutes treat differently with children who are in need of careand protection or those in conflict with the law.The Corrections Act speaks to the rehabilitation of those who are placed in the custody of theDepartment of Correctional Services (DCS). The DCS is therefore mandated by law, torehabilitate persons in its custody, including child offenders who have been sent to a JuvenileCorrectional Centre pursuant to the Child Care and Protection Act. There are distinct butcomplementary objectives of the respective government agencies regarding the treatment ofchildren in need of care and protection of the State and those in conflict with the law. Aspectsof the Corrections Act and its Scheme of Management are either inadequate or deficient in thecare and protection of child offenders or are inconsistent with international standards.The Task Force therefore recommends that: The Juvenile Correctional Centres remain with the Department of Correctional Services. Section 67 of the Corrections Act be amended to incorporate the regulatory role to beexecuted by the CDA, in relation to Juveniles in Remand and Correctional Facilities. The Child Care and Protection Act (2004) be amended to permit the CDA to alsomonitor, inspect and regulate all Juvenile Remand and Correctional Centres.The Accountability FrameworkAn Accountability Framework for all entities that interface with children who are wards of theState is central to the development of the new institutional arrangements. The CDA, as theprimary Agent, will assume full responsibility for all children entering the system, until they exitat eighteen years or at some other time, as determined by the Courts or as stated in their CarePlan.The following matrix outlines the main recommendations for improving cooperation andcollaboration between the Child Development Agency and the Department of CorrectionalServices, in areas such as: pre-sentencing and remand, sentencing (Correctional Order) andlicensing and or early release. The matrix outlines the individual roles and responsibilities ofeach agency.
  29. 29. 28Table 3: Role of DCS and CDA under the New RegimeChild Development Agency Department of Correctional ServicesThe CDA is responsible for implementation of theadmission, assessment and placementrequirements as follows: Admission – Develops a care plan which shouldensure the rehabilitative, social, emotional andtherapeutic psycho-social needs of the childrenwho are Wards of the State. (The child must beinvolved in the development of the Care Plan). Assessment – Monitors and is responsible forthe implementation of the Care plan and whendeficiencies are identified, the CDA must informthe Superintendent and reports to theCommissioner of Correction and other relevantauthorities (Management of Change strategieswould be needed to implement this) Placement – Places the children on remandusing information from the admissions process.(Child should be placed before a PlacementCommittee which includes the DCS beforeplacement is made. A parent should beinformed by the CDA of the action taken.The DCS on admission should be responsible for: Orientation – this must be standardizedacross the board and time bound. Security – the organizational structure wouldbe similar to the current security andoperations side of the DCS in Remand Centrescurrently. Daily Health and Nutritional needs Operational Aspects – This should includeprotocols for disciplinary measures providedby special staff which should not includethose providing psycho-social support.The Standard Operational Procedures (SOP) iscurrently being revised in collaboration withCDA and should ensure that children appearbefore the Court in a timely manner.The police should continue to transport childrento Court for security reasons and is responsiblefor their nutritional need while at court.Education and skills training is the responsibilityof the Ministry of Education.Sentencing (Correctional Order)Child Development Agency Department of Correctional Services On admission, the CDA is responsible forassessment, development and implementationof the Care Plan. In collaboration with DCS, the CDA canrecommend Home Leave. The child on Home Leave would be monitoredby DCS and the CDA, with each Agency’s roleclearly defined and the appropriate Protocolsdeveloped.
  30. 30. 29Concluding RemarksIt is strongly recommended that the Juvenile Remand and Correctional Facilities remain withthe Department of Correctional Services, under the purview of the Ministry of NationalSecurity. The operations of the physical facilities will be the responsibility of the DCS. However,the CDA will be empowered to monitor and regulate the welfare of children in such facilitiesand therefore, the regulatory functions will be articulated in the amendment to the existingCCPA and the Corrections Act.This new role will be reflected in the development of standards and will be executed throughregular inspection of such facilities by the CDA, to ensure that they meet the standards for thetreatment of juveniles consistent with the provisions contained in both National andInternational Treaties and Protocols.Licensing or Early ReleaseChild Development Agency Department of Correctional Services The CDA is responsible for the assessment ofthe child’s Care Plan – psycho-socialprogramme/ intervention which would includeacademic training, drug counseling,conflict/anger management, team building,psychological and psychiatric interventions. The CDA is responsible for the CaseManagement and must monitor agreementswith the Restorative Justice Process. Prior to the child’s 18thbirthday in preparationfor release, the CDA, based on the Care Plan,should contact parent/guardian and conduct anassessment. Preparation should also be madefor the child to be transitioned andaccommodated in temporary housing, for up tosix months. Licensing – relates to a behaviour rewardsystem in the institution. After 6 months achild can be recommended to be released.The DCS would assess attendance, behaviourmodification, in keeping with the rules of theinstitution to inform the decision makingprocess. Restorative Justice Process – home andcommunity assessment. Probation Officers must make contact withthe parents of the child. Some parents arebrought into the Probation office levelthrough Parent’s Day where child and parentshave longer periods to interact. Visiting arrangements must include provisionsto facilitate interaction between parents andthe child.
  31. 31. 30The Legislative Framework3The Situational ContextThe existing Statutes establish clear provisions for the monitoring of children in conflict with thelaw, but the policy and legislative frameworks have not been utilized and enforced effectively.This is particularly so, with regard to the provisions for the establishment and appointment ofthe relevant authorities and personnel to oversee the effective delivery of services in JuvenileRemand and Correctional Facilities. Whilst the Corrections Act (2005) requires theappointment of inspectors for these facilities, this provision has not been effectivelyimplemented. There has been no appointment of special investigators assigned to the relevantagencies, such as the Children’s Advocate and the Child Development Agency, to provideexternal checks as mandated by the CCPA. In addition, the CDA has traditionally restricted itsmonitoring and supervisory role to children in private and public Children’s Homes and Placesof Safety, notwithstanding its broad mandate under its Schemes of Management and the CCPA,and its recognition of the sensitive issues in handling special needs of children in conflict withthe law.As indicated in the Section above entitled “New Institutional Arrangements”, the Child Care &Protection Act [2004] does not mandate the CDA to inspect Juvenile Correctional Centres. Theclear and decisive jurisdiction bestowed on the DCS by the Corrections Act, gives this particularagency oversight of Juvenile Correctional Centres and the child offenders within them. Certainprovisions of the CCPA appear to restrict the functions of the CDA and implicitly recognize theDCS’s jurisdiction over children in conflict with the law. For example, Under Section 67 of theCCPA, the CDA is required only to cause a child who has been arrested (and not released for anyof the stated reasons), to be detained in a Juvenile Correctional Centre, until he is broughtbefore a court. The CCPA further stipulates that if found guilty, the child may be sent to aJuvenile Correctional Centre, with no mention of the role of the CDA once this takes place. Thisclearly implies that under the Corrections Act, the DCS thereafter, assumes sole responsibilityfor the child.3The working group having met on two (2) occasions to consider the TOR agreed that the issues arising were alreadyconsidered by the sub-committee on legislation and policy that was established under the Prime Minister’s Tasks Force onChildren in State Care, 2009. The Task Force recommendations were presented to the Prime Minister along with otherrecommendations under a Legal Policy Component Matrix. These recommendations embody considerations andrecommendations by stakeholders e.g. the Office of the Children’s Advocate, the Child Development Agency, Ministry of Justice(National Plan of Action for Child Justice) and Non-governmental organisations.
  32. 32. 31RecommendationsThe recommendations are as follows: Implement the recommendations for amendment to the Corrections Act and the ChildCare and Protection Act as outlined above to give effect to the new role that the CDAshould assume in monitoring and assessing children in State care. Implement the recommendations of the Task Force Report on Children in State Care,2009. The CDA should assume fully the role and responsibilities to review and coordinate allmatters affecting children previously ascribed to the National Coordinating Committee.Full implementation of the international standards governing juvenile detention will requireamendments to local laws. The Attorney General’s office advises that rules need to be appliedunder the Corrections Act to provide for ‘… regular inspection and other means of controlcarried out …. by a duly constituted body authorized to visit the juveniles and not belonging tothe detention facility’. This is important, as currently the Act contemplates inspections beingcarried out by persons assigned to the DCS and not by an independent body. The CorrectionsAct also does not currently make provision for children in detention or Correctional Centres tohave the opportunities to work for remuneration or to receive and use materials for leisure andrecreation “as is compatible with the interest of the administration of justice”. Otheramendments recommended are as stated: Rules under the Corrections Act to provide for changes in admissions, registration,movement and transfer process. Rules under the Corrections Act (Section 82) to ensure the maintenance of appropriaterecords and registers in the Juvenile Remand and Correctional Centres. Rules to be instituted under the Corrections Act to allow for social and psychologicalassessments and reports that will form the basis of the Care Plans designed for eachjuvenile/child in custody.Options Available to the CourtPlacement of a child in a Place of Safety or a Remand Centre is dependent on the nature of theallegations against the child. The National Plan of Action for Child Justice seeks to increase theoptions available to the Court when faced with a child offender. The specific intention is toallow the Court recourse to restorative justice options such as Community Service Orders,Attendance Centre Orders, Corrections Orders of fixed duration, as well as, Mediation andReparation Orders.
  33. 33. 32The CCPA currently provides for many of these options to be exercised by the Court. What isnow required is immediate provision of the necessary mechanisms as outlined under the Planof Action for the implementation of these measures. Additionally, as per the advice of theAttorney General, amendments and Rules should be made where necessary, to provide for theexpansion of the options available to the Court for the ‘sentencing’ of juvenile offenders. Theseinclude amending the CCPA to include: Attendance Centre Orders under the list of options available to the Court listed inSection 78 of the Child Care and Protection Act (2004). Reparation Orders to the list of methods available to the Court when dealing with achild offender; and Provision for a specialized regime to address children found abusing drugs
  34. 34. 33Assessment, Placement, Admissions and OrientationPoliciesThe Situational ContextCurrently, children in residential State facilities fall into two major categories:1. Children in need of Care and Protection, and2. Children in Conflict with the LawChildren in Need of Care and ProtectionOnce reports are made to the Office of the Children’s Registry (OCR) or to the Police, the CDA’sSocial Worker visits the location and conducts investigation, through interviewing the child,parents and other family or community members. If the child is attending school, interviews areconducted with personnel from the child’s school. Depending on the nature of the case and theinterview findings, further referral is made as follows: Sexual and Physical Abuse – to Centre for the Investigation of Sexual Offences and ChildAbuse(CISOCA) Behavioural Issues – to the Child Guidance ClinicBased on (a) the information gathered in the preliminary investigations (b) the level of securityrisk and (c) the severity or level of threat to the child, the social worker may remove the childfrom the existing situation to a Place of Safety.In preparation for the child to be placed before the Family Court within 48 hours of removal,the Social Worker who is a part of the Court Team, prepares a Statement and delivers it to theTeam Leader.Children in Conflict with the Law - The Juvenile System ProcessOnce a child is taken to the police station, the age, date of birth, address, name of parent orguardian and school (if attending) are ascertained. The Juvenile process involves personnelfrom CISOCA and the CDA. No ward/child is questioned on the offence under investigation,unless a member of the CDA, parent/guardian or lawyer is present. The charged is thenexplained in the hearing of or in the presence of the parent or guardian.
  35. 35. 34Children in Custody of the PoliceWhile children are in the custody of the police they are kept in a cell, in odd numbers (to avoidpairing and to obtain objectivity), as there are no dormitories in which they can beaccommodated. While awaiting the disposal of the matter, before a Court the children areentitled to a visit from family members, an attorney-at-law, social worker or a CDA staffmember or probation officer. Church groups are also allowed to visit the lockup to offer prayerand counseling. Visits are supervised by police personnel. Children are provided with threemeals per day. Medical attention is provided, if required. Although there are no organizededucational activities provided, children are allowed to play board games for intellectualstimulation or entertainment.Court ProcessA probation officer is assigned by the Court to conduct the social enquiry. Once the pertinentinformation is ascertained, the child is taken before the Courts immediately.Where there are alleged breaches of the Firearms Act, the child is taken before the Gun Court,but for all other breaches, the child must appear before the Juvenile Court to be released onbail, if offered and accepted; or otherwise, remanded in custody.If a child/ward is remanded, it is the duty of the Jamaica Constabulary Force (JCF) to find a placefor the child/ward. If there is no appropriate space immediately available, the child will be keptin police custody until a place can be found at a juvenile facility. Once the child/ward is placedin the custody of the remand facility, the police are no longer involved in the process.Remand Facility ProcessA Writ of Commitment/Interim Order is taken with the child/ward to the remand facility. Thisoutlines the charges and is handed over to the remand facility personnel. The personalvaluables are taken from the child/ward and are logged. The only interaction the police willhave with the ward/child is when transporting the ward/child for Court appearance.
  36. 36. 35FindingsAssessment PolicyThe current assessment process and system in place for both the CDA and the Juvenile Remandand Correctional Services do not provide for sufficient analysis and evaluation to enable theproper classification of children. As a consequence, the proper basis for interventions bestsuited to individual needs is stymied, inevitably affecting the best interest of the child.Placement PolicyThe current system does not facilitate the proper placement of children/wards. Placement orassignment to certain programmes or facilities is not always appropriate to suit the individualneeds of the child/wardAdmissions and Orientation PolicyCurrent admissions and orientation procedures are developed and implemented by individualState facilities. There is no existing standard Admissions and Orientation Policy and Proceduresfor children in State care.RecommendationsAssessment Policy A standard assessment policy and approach is to be developed premised on a multi-disciplinary approach, to include the educational, psycho–social, physical challenges andmedical needs, which facilitate appropriate individual care planning for children in Statecare. A standard Assessment Form for capturing the relevant data for each child must bedeveloped. This is very important for effective case management and to facilitate multi-disciplinary assessment. A review of the existing forms revealed that morecomprehensive data are required to include:a) An Intake section - which captures all relevant demographic data at the outset of theprocess of the child being taken into State care.b) An Assessment section – which captures all required levels of assessments(educational, psycho-–social, physical and medical needs); and includes theproposed treatment plan.
  37. 37. 36c) A Care Plan - which is designed to identify the various needs of the child. It shouldalso contain a schedule of relevant assessment including: risk assessment, medicalscreening/referral to specialist, if required, psychiatric/psychological assessment,detoxification, educational needs and scheduling of case conferences. The Care Planmust be developed with input from the child.Placement Policy A standard Placement policy is to be developed to facilitate proper classification ofchildren being admitted into State care in facilities to ensure they are placedappropriately, and receive services suited to their individual needs, as determined by athorough assessment.Admissions and Orientation Policy The CDA, as the primary agency with the responsibility for all children in State care,must develop a Standard Admissions and Orientation Policy and Procedure for childrenin State care facilities. These policies and procedures will establish expectations, rightsand responsibilities of children/wards/parents and staff. Contact with parent/guardian/caregiver should be established within 24 hours and thelatest, a maximum of 72 hours, of child/ward being placed in State care. In addition,there must be communication with parents/guardian/caregiver no less than 2 days priorto Court appearance. Rigorous orientation must be developed and conducted for all children placed inresidential State care e.g. Managers/Case workers conduct interview and make contactwith parents/guardian/caregiver and advise of visitation procedures at each stage of theprocess. The Standard Handbook incorporating all protocols must be available to all staff ofresidential facilities. The rules of all categories of residential facilities are to be reviewed, standardised andgiven to all stakeholders who must interface with the children. Case Managers must manage case load effectively, and improve coordination of Courtactivities. Appropriate technology must be in place to facilitate comprehensive and ongoingmanagement, monitoring and evaluation of children in State-care. The Care Plan developed for each child must be reviewed, preferably on a quarterlybasis, but minimally twice annually.
  38. 38. 37Figure 1: Proposed Admissions and Orientation ProceduresData CollectionName, Court Date(Remanding) Officer’s NameChild Arrives to FacilityChild Arrives toFacilityBasic Care PackageAssigned to and settledinto DormitoryManager/SuperintendentConducts formal admission(Recommend Standard Intake Form)Child Introduced to“Statement of Clients Rights”Tour of Facility & Introduction to relevantstaff on duty
  39. 39. 38Case Management and Family Re-integrationThe Situational ContextIn keeping with the provision and principles of the United Nations Convention on the Rights ofthe Child (UNCRC, 1991), it is imperative that all children in the custody of the State receive thecare and protection that would enable them to meet their basic needs and afford them theopportunity to reach their full potential. Case Management is an approach to arranging andcoordinating this care. It is based on the recognition that a trusting and empowering directrelationship between the Caregiver/Social Worker and the client is essential to facilitate theclient’s access to services and to restore or maintain the client’s independent functioning to thefullest extent possible.The principle that underpins case management is individualized service delivery, based on acomprehensive assessment that is then used to develop a Care Plan. The plan is developed incollaboration with the client and reflects their choices and preferences for the servicearrangements being developed. The goal is to empower the clients and ensure that they areinvolved integrally in all aspects of the planning and service arrangement.The Case Management approach assumes that clients with complex and multiple needs, willexperience seamless access to available services from a range of service providers. . Effectivecase management is based in service provision arrangements that require different responsesfrom within organizations and across organizational boundaries.The Case Management Process involves: Screening Assessment/risk management Care planning Implementing service arrangements Monitoring/evaluation Advocacy(Source: Case Management Society of Australia)The relevant agency takes primary responsibility for the client, assigns a casemanager/children’s officer, who coordinates services and advocates on behalf of the client. Itinvolves placement in a programme that best suits the assessed needs of the child and ensuresthe best outcomes, monitoring the progress of a client (a child) and referral to the services ofmany different professionals, agencies, health care facilities and human service programmes
  40. 40. 39There are several agencies involved in the initial stage of a child’s first contact on entering thechild protection system. Whilst Case Management in general terms involves a coordinatedapproach to the execution of duties and responsibilities , the current practice is one in whichthe procedures and processes are agency specific (See process flow chart in Appendix 4).Child Case Management Electronic System (CCMS)The Case management process in the Entities is predominantly manual. There is an urgentneed to utilise technology that will enable the Agencies to be more effective and efficient in themonitoring and management of children. The CDA has already developed the specificationsand requirements definition of such a system and as the primary agent with the responsibilityfor children in State care will implement and manage the child protection system.The CCMS when implemented will ensure that a unique record is captured and maintained perclient, along the continuum of services, from the point of access to the system (intake) to thepoint of exit (independent living). The system will also enable the tracking of activities relatingto each child, irrespective of the point of contact within the system. It will also provide currentinformation in the form of status reports to inform decision making and actions to meet thebest interest of the children. Great care must be taken to safeguard the primacy of childrenthroughout the entire system.Family Support and Re-IntegrationThe Child Care and Protection Act in Section 2. (3) (b) states that “A family is the preferredenvironment for the care and upbringing of children and the responsibility for the protection ofchildren rests primarily with the parents.”It further States in subsections (c) and (e) that “if, with available support services, a family canprovide a safe and nurturing environment for a child, support services should be provided” and“kinship ties and the child’s attachment to extended family should be preserved if possible …….”.Family Reintegration therefore, is a programme which seeks to maintain the family unit. It iscommunity based and aims to return the child on a Fit Person Order to kinship care whichmeans to the care of immediate/extended family after careful review and assessment. It seeksto have a child returned to the biological family for rehabilitation after a period in State care.
  41. 41. 40Children & Family Support Unit (CFSU)The Child and Family Support Unit (CFSU) of the CDA should be utilised to extend the FamilyReintegration programme to families with children in conflict with the law. The CFSU aims toprovide a supportive, sensitive, easily accessible and reassuring service to all its clients. Thefocus is on delivering early intervention and prevention services and programmes for childrenand their families. They will be assisted in making contact with other allied agencies thatprovide social intervention services.In discharging its obligation, the Children and Family Support Unit principal duties are, inter alia: Providing early intervention strategies to both children and parents/guardians regardingcare options; Counseling parents & children through group and individual family therapy and psycho-social treatment using social work practices, tools and techniques; Identifying social safety net programmes to make referrals, for example, Ministry ofEducation, HEART/NTA, PATH, NYS, Salvation Army, Food for the Poor, Ministry of SocialSecurity, Victim Support Unit, Child Guidance Clinic, Social Development Commission,Social Investment Fund, ODPEM, etc; Conducting home visits to assess adjustment and observe group dynamic; Providing advice on parenting and practical help from babies to adolescent; Conducting individual sessions with children to help them take a more proactive role forthemselves such as building self esteem, managing anger, coping with bullyism, etc; Supporting parents/caregivers/guardians with managing child or adolescent behaviour; Building networks with other service partners in developing and delivering services toclients based on an assessment of needs; Providing crisis counseling management activities in response to issues impactingchildren. This will include, but not limited to, counseling and other intervention supportat residential child care and Correctional facilities; and Creating Child and Family Plans (Care Plans) to be used as a guide/map for care andtreatment, in order to reach the desired outcomes for each child and his or her family.The Unit will be required to receive, screen and refer clients with mild to severe trauma as aresult of an abuse or at-risk youths and their families to the CDA Clinical Psychologists, in orderto benefit from more intense interventions. Children and Family Support Services must beorganized in such a manner that enables counseling and intervention, when offered to be donein a structured and pointed manner.
  42. 42. 41Recommendations1. Greater collaboration of all Agencies involved in the Child Protection System in thecontinuum of care, with the CDA as the primary agent.2. A centralized electronic Case Management System that allows access by all Agencies inthe Child Protection System.3. Reduction in the staffing ratios in Case Management – Rotation of (case loads) inkeeping with international standards, bearing in mind the present economic constraints.4. Cross training of employees involved in case management in the respective Agencies, inareas such as policies, procedures and protocols and the applicable laws. .5. The employment of additional staff in specialist areas to do assessments, e.g. ClinicalPsychologists, Behaviour Management Specialists.
  43. 43. 42Interdisciplinary FrameworkThe Situational ContextChildren in State care are considered by the United Nations to be a vulnerable population,needing special interventions to address their unique developmental needs. Provision of carefor all children should be wholistic; encompassing mental, emotional, and physical health,education and social well-being. Opportunities and provisions should be geared toward equityof standard and life outcomes. In order to be successful, alternative care provisions require thecommitment and collaboration of Non-government Organizations (NGOs), as well as public andprivate sector agencies.The range of services for children in State-care in Jamaica is delivered by a variety of multi-sectoral service-providers. The Child Development Agency (CDA), as the primary agency withresponsibility for all children who enter State care and the Juvenile Remand Centres, isprincipally responsible to ensure that the physical facilities and related services required are inplace for children in Remand and Correctional Facilities.The multidisciplinary approach to service provision for children and youth in protective andCorrectional care should, in its structure, continue to foster wholistic development to producepositive change and ensure maximum benefits from educational opportunities, health andsocial care. Jamaica’s pursuit of a rights-based approach to child protection is based on thepillars of institutional strengthening, legislative reform and policy development. The underlyingtenet of ensuring legislative foundation to justify programme development and implementationis further applied to the context of children and youth with special needs. As signatory to theUN Conventions on the Rights of Persons with Disabilities (UNCRPD, 2006), Jamaica’scommitment to the provision of quality and equitable educational provisions for the vulnerablepopulation of children with special needs, is documented in the ratifying of the UNCRPD, andrequires the necessary compliance and congruence with international and local legislativeinstruments.The proposed draft Policy on Special Education (Ministry of Education) advocates for theprovision of educational services for all children of school age, 6 to 18 years of age in thecontext of non-discrimination, quality and equity. Special needs include cognitive and physicalimpairments, as well as social, emotional and behavioural disorders that may be found amongchildren adjudged to be in conflict with the law, or otherwise court-adjudicated. Acomprehensive network of services encompassing education, rehabilitation and treatment forchildren in State-care, must be the response to the range of needs for children in State-care.
  44. 44. 43The sub-committee recommends a comprehensive multidisciplinary approach to address therehabilitative and treatment needs of children in State-care. The recommendations arepresented accordingly: Comprehensive Assessment Education and Training (Mainstreaming) Healthcare and Management Transition to Independent Living Prevention Programming Provision for Special NeedsRecommendationsNeeds Assessment of Child OffendersIn order to ensure that the needs of children in State-care are met adequately, acomprehensive system of individual assessment is required to inform appropriate placementand treatment decisions, based on identified needs or exhibited behaviours.It is therefore recommended that the CDA: Establishes multi-disciplinary teams to conduct assessment for identification andclassification of disability or other special needs; Provides the recommended rehabilitative support to children; Provides the support necessary to inform and equip staff with the desired skills for moreeffective outcomes; Engages in partnerships with independent professionals or professional organizationsto forge service-support agreements; or to secure commitments of voluntary service tochildren in protective and Correctional State-programmes Explores a range of supportive interventions and treatments to be implemented anddelivered in residential or non-residential arrangements.
  45. 45. 44Education and TrainingThe various remand and protective-care facilities have different strategies and programmes foraddressing the educational needs of children. The United Nations Conventions on the Rights ofthe Child (UNCRC, 1991) and the UN Standard Minimum Rules for the Administration ofJuvenile Justice (1985), the Education Act (1980) and the Child Care and Protection Act (2004),all have varying provisions under their respective mandates and the State must ensure thatchildren in State care are not disenfranchised of their rights to access quality educationalprovisions necessary to their development.In discussion with child offenders, some have identified the continued access to education andtheir ability to take external exams among the positive features of the remand arrangements.Others however, have raised concerns about their access to education and skill training. 4Therecommendations for education and training are presented in relation to educational andinstructional resources (specific to on-site programmes), human resources and support.Educational and Instructional ResourcesThe Ministry of Education (MoE) guides the CDA and DCS in a review of current on-siteeducational programmes to determine their needs for educational resources (textbooks,materials and other instructional resources; dedicated space for instruction and infrastructuralsuitability for classrooms).Human Resources The CDA and DCS conduct an audit of instructional staff to ascertain their existingqualifications and skills set and determine the training needs of staff to meet the needsof the care and Correctional sector. The CDA and DCS provide balanced allocation of social workers across care andCorrectional facilities The Ministry of Education engages skilled and qualified teachers to deliver high qualityeducational programmes to all children in State-care on-site arrangements. Where necessary, itinerant teachers are engaged to work with children who may needspecialized instructional intervention or exam preparation4Summary of Focus Group Discussions with Child Offenders.
  46. 46. 45Support for EducatorsInstructional Staff To ensure compliance with professional standards for the instructional staff, theMinistry of Education (MoE) provides technical guidance and supervision throughformalized host-school attachments. The organized support may be introduced initiallyin facilities engaged in structured on-site educational programmes for institutions suchas Rio Cobre Juvenile Centre, Manning, Granville and Blossom Gardens Places of Safetyand eventually to all facilities meeting the established MoE criteria and standards foreducational services. Supervision and monitoring of programmes for adolescents in Correctional facilitiesinclude parish managers and field officers of the Jamaica Foundation for LifelongLearning (JFLL), where applicable.Uninterrupted Provision of Educational Services The CDA, DCS in collaboration with the MoE establish a system to allow children to sitexams in the National Assessment Programme (Grade Six Achievement Test and GradeNine Achievement Test, for example). Children preparing for external exams (CXC, CAPE, City and Guilds, etc.,) be allowed tocontinue exam preparation. In the case of the technical subject areas, children must besupplied with, or have access to the required apparatuses and instruments for optimalpreparation in technical subject areas. The MOE has primary responsibility to ensure the uninterrupted provision ofeducational services. The CDA must ensure that children are provided for in this regard.Professional DevelopmentThe enhancement of the skills-set and provision of the requisite information to serve the needsof this vulnerable population require continued professional development activities. Theseactivities will allow support for instructors in curriculum adaptation, and diagnostic andprescriptive teaching strategies, to maximize student-performance outcomes. It isrecommended, therefore, that: A system of continued inter-sectoral collaboration be established to ensure access toavailable resources, as well as, workshops and other training opportunities
  47. 47. 46 The related Ministries5establish and maintain inter-sectoral collaboration andconsultation for staff development and capacity building. The MoE will be the responsible agent for general oversight of all education and trainingprogrammes for children in care and correctional facilities.Skills TrainingConsistent with the commitment to provide access to education and skills for children in State-care, the Committee recommends that a skills training component be included in educationalprogrammes in all Care and Correctional facilities. The specific recommendations are that: HEART/NTA evaluates existing skills programmes to determine the skills programmes’rigor and readiness to be considered for certification based on accreditation orcertification standards Determine the type of accommodations for learning or remediation that might bepossible for this population of students, who would not have attained the desiredliteracy functioning level to enter the programme The JFLL and HEART/NTA collaborate to determine the assessment activities to beconducted to assist and place adolescents in appropriate skills or other programmes(High School Equivalency Programme – HISEP) NYS and HEART/NTA collaborate to direct the placement of adolescents who might besuitable for the Career Advancement Programme (CAP) and other programmesSpecial NeedsServices for children with special needs in State-care have been significantly hampered becauseof the dearth of practitioners in the area. The CDA as the responsible agency into whose carechildren are delivered would ensure that appropriate placement and services for childrenidentified with special needs, including those with emotional-behavioural disorders, intellectualdisabilities, physical disabilities, or those who are medically fragile are in place.The committee recommends: Referral to ensure early identification of disabling conditions at the time of initialassessment and social enquiry on admission to the system.5Education, Health, Labour and Social Security; Justice; National Security; Youth and Sports; and othergovernment agencies
  48. 48. 47 Rationalization of existing institutions to create and include specialized institutions (asseen in the model employed by the Mustard Seed Communities). Such arrangementswill offer more appropriate options for intervention and rehabilitation for children withspecial needs who would be in State-care facilities Establishment of half-way or transitional houses for young adults (18+ years) withspecial needs who remain in State-care because they have no families with which toreunite, being released from State-care.Healthcare ManagementThe new system requires that the State provides accessible, affordable and comprehensiveintegrated health-care for children in State run facilities. The following recommendations aremade to support the model of comprehensive care.That the CDA, in collaboration with the Ministry of Health; Based on initial assessment and mental health screening conducted upon entry to thesystem, provides further assessment and follow-up care for all children requiring suchintervention. Provides comprehensive referral and age-appropriate services at the community levelfor all children in State-care.Each facility should embark on a structured Health Promotion programme which should: Educate all children in healthy lifestyle habits (nutrition, sexual and reproductive health,drug awareness, violence prevention strategies and environmental health). Conduct health promotion and sensitization activities in each facility. Institute a minimum of 30 minutes of physical activity per day, for at least five days perweek in all facilities, to assist with stress relief and anger management.Implementation of these strategies will require screening, treatment/care, evaluation, referraland networking with other government agencies. To ensure a coordinated approach, it isrecommended that: The CDA should, as part of its overall case management responsibility, liaise with serviceproviders (Non-Governmental Organizations; Faith-Based Organizations; and
  49. 49. 48Community-Based Organizations) to develop integrated and comprehensive curative,preventive and rehabilitative services for children in conflict with the law.A comprehensive healthy lifestyle awareness programme which should incorporate the MoE’sHealth and Family Life Education (HFLE) Curriculum, currently used in primary and secondaryschools in the public system, along with other materials from the Ministry of Health and theMinistry of Education.Transition to Independent LivingWhile family re-integration is seen by the child protection system as ideal, in some cases, this isneither desirable nor feasible. In other instances, families may need to be sensitized inpreparation for the child’s reintegration into the family. Consequently, the CDA, through itssocial welfare component, should provide services to facilitate the transition of youth fromState-care into independent living. In order to accomplish this goal, it is recommended that theCDA accordingly: develops through its Comprehensive Care Plan, the child’s social reintegration strategiesand identifies treatment and rehabilitative services or modalities to allow transition intoindependent living.To facilitate successful community reintegration, provision from the State should include: A ‘one-off’ financial grant to youth leaving from State-care ‘Purpose-built’ homes to accommodate transitioning youth, giving due considerationsfor appropriate levels of care. This is particularly important where family reintegration isnot immediately feasible or possible and wider application of the Family ReintegrationProgramme used by the CDA.Prevention ProgrammingA key responsibility of a modern juvenile justice system is the support and implementation ofprevention programmes to avert children deemed at-risk, coming in conflict with the law. Suchprevention programmes minimize institutionalization and reduce the subsequent demands onJuvenile Correctional Facilities. In the last decade, the Jamaican juvenile justice sector hasexperienced an increase in the number of children entering these facilities.
  50. 50. 49It is strongly recommended that an effective prevention programme be instituted with threeclear objectives, namely: To minimize institutionalization through programmes of diversion To strengthen existing youth diversion and prevention programmes To introduce programmes to enhance parenting skills and parent accountabilityThe CDA and DCS, in collaboration with NGOs and community partners must establish astructured framework of training and continued support in areas of prevention to divertjuvenile criminal behavior. In its implementation, this framework should: articulate the role of the CDA, DCS, and the Ministries of National Security and Justice inincorporating their respective diversion and prevention programmes and sensitizationactivities to targeted schools and the wider community include the YMCA, the YWCA and NYS in the mentorship and leadership programmes tofacilitate the development of social skills, as well as, wholesome and supportiverelationships among juveniles. include the MoJ and DCS in organizing and delivering public awareness campaigns onthe youth diversion and restorative justice processes, and include the DCS in providing programmes to support parents/caregivers in handlingbehaviour management challenges.A multi-pronged approach, buttressed by a comprehensive needs assessment and a casemanagement strategy executed effectively, are among the best available options for addressingissues of rehabilitation and restoration of children in conflict with the law.

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