Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica

The Report of the Task Force on
the New Regime for Juveniles in
Remand and Correctional
Facilities in Jamaica
Submitted by: Pat Sinclair McCalla
Chief Executive Officer
Public Sector Transformation Unit
December 2010

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TABLE OF CONTENTS
Pages
Acknowledgements ............................................................................................................................. 3
Preamble ............................................................................................................................................. 5
Organization of the Work of the Inter-Agency Committee ......................................................................5
Methodology.............................................................................................................................................6
Executive Summary ............................................................................................................................. 8
The Context for Change ............................................................................................................................9
The Armadale Fire.....................................................................................................................................9
The Commission’s Report .......................................................................................................................10
Juvenile Correctional and Remand Centres............................................................................................11
The Catalyst for Reform ..........................................................................................................................12
The Perspective of some Children in State Care.....................................................................................13
The Policies and Protocols Framework............................................................................................... 15
The Situational Context...........................................................................................................................15
Recommendations..................................................................................................................................18
New Institutional Arrangements........................................................................................................ 24
Recommendations on the Role and Responsibilities of DCS and CDA in the New Regime....................26
The Legislative Framework................................................................................................................. 29
Assessment, Placement, Admissions and Orientation Policies............................................................ 33
Findings...................................................................................................................................................35
Case Management and Family Re-integration .................................................................................... 38

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Interdisciplinary Framework .............................................................................................................. 42
Physical Facilities ............................................................................................................................... 50
Conclusion ......................................................................................................................................... 56
APPENDICES....................................................................................................................................... 58
Appendix 1: List of Committee Attendees..............................................................................................58
Appendix 2: Working Groups and Focus Areas.......................................................................................59
Appendix 3: Statement By the Prime Minister .......................................................................................60
Appendix 4: Process Flow .......................................................................................................................65
Appendix 5: Profile of Child Care Institutions.........................................................................................66
Appendix 6: Ideal Facilities .....................................................................................................................70
Appendix 7: Physical Facilities ................................................................................................................71
Acronyms........................................................................................................................................... 95
References......................................................................................................................................... 96

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Acknowledgements
I 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 be
done without the inputs of all the major stakeholders who through their commitment,
knowledge and expertise, were able to contribute meaningfully to the entire process of
developing 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 the
right leadership, a willingness to work collaboratively, the availability of reasonable financial
and material resources, trained and competent staff and the will to change the way we are
accustomed to doing things.
My special thanks to the core members of the Working Committee who worked tirelessly in
distilling various concepts and conventions that needed review and reformulation in pragmatic
terms to treat with the policy, legislative, operational and institutional changes that are
necessary to facilitate a new regime for juveniles. I wish to acknowledge the Chairmen of the
Sub-Committees who worked assiduously to present the relevant reports, Dr. Michele
Meredith, Mrs. Marlene Gooden, Mrs. Carla Francis-Edie, Ms. Laura Plunkett, Ms. Audrey
Budhi, 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 our
perspective and shared candidly on what should inform this new regime. They shared of their
time and expertise freely with the Committee and provided invaluable feedback on the draft
Report. Among them are the following:
The Honourable Justice Zaila McCalla who spent an entire morning with us, exploring ways of
improving the justice system to ensure expeditious and sensitive handling of children who are
in conflict with the law and an assurance of her availability and commitment to continued
improvements of the Court System.
Special thanks and appreciation to Dr.the Honourable Carolyn Gomes and Mrs. Susan Goffe for
their frank and open discussions and feedback on how to improve the system. Dr. Gomes on
whose instrumentality we were able to have an invaluable interaction with Judge Gail Chang
Bohr 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 insights
from her experiences in North America, having worked in the Courts with children in conflict

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with the law and also for providing us with educational counseling materials that are very
useful in enhancing our approach to treating with children in conflict with the law.
Mr. Roger McGarva, Senior Technical Advisor, Rehabilitation and Integration Programme and
Consultant to the Ministry of National Security who shared with us international best practices
in the management of young offenders and Mrs. Janet Al-Utaibi, Re-Integration Programme
Manager British High Commission.
Ms. Narda Marasovic, Deputy Director of UNICEF and Mrs. Janet Cupidon Quallo, Child
Protection Specialist who provided technical assistance to the project. A great depth of
gratitude is expressed to Ms. Audrey Budhi of the Child Development Agency on whose
initiative 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 Cabinet
Office.
The Report reflects the hard work and commitment of public officers, who are intimately
involved in working with children who are wards of the State and to them we owe a debt of
gratitude. To the wider Committee, accept my sincere thanks and appreciation for your
invaluable contribution.
Pat Sinclair McCalla
Chairman
Working Committee on the New Regime for Juveniles in Correctional and Remand Centres

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Preamble
This report represents the results of the consultations and the relevant literature review
conducted 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 of
existing policies, processes, procedures and protocols that have informed the revised structures
and systems proposed for consideration of the new regime.
Visits and consultations with international experts in the field have provided new insights in
influencing the content of this paper, that should facilitate a paradigm shift and impact
dramatically on the approach to be adopted and the mechanisms to be instituted, to facilitate
the requisite changes necessary for the implementation of a new regime in the treatment of
juveniles in conflict with the law.
Organization of the Work of the Inter-Agency Committee
Prime Minister Golding assigned to the Public Sector Transformation Unit (PSTU) the task of
developing a new regime and structure for Juveniles in Correctional and Remand facilities. In
executing its mandate, the PSTU invited the critical stakeholders involved in the management
and care of children and youth to participate in a working group, aimed at developing the
relevant structure and mechanisms that would provide for an efficacious system of
management for children and youth, who were in conflict with the law.
The PSTU established an Inter-agency Committee to undertake the review. The Committee met
on several occasions covering the period March - October 2010. In addition to this, a tour of the
proposed Metcalfe Street Remand Centre was conducted on April 14, 2010 to ensure that the
appropriate physical infrastructure was incorporated into the refurbishing of the Centre to
accommodate 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)

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7. 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 1
Methodology
Small working groups1
were established to consider and develop an appropriate framework for
the 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 Management
o Education and Training (Mainstreaming)
o Counselling and Mentoring
o Sports and Leisure
o Special Needs
o Integrated Community Development
o Transition to Independent Living
o Partnerships and Volunteerism
 An Institutional Framework to include:
o The Role and Responsibilities of the Child Development Agency (CDA) and the
role of the Department of Correctional Services (DCS)
o Staffing
o Finance
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Appendix 2 provides a listing of the members of the working groups

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 A Physical infrastructure Framework to include
o Infrastructure/Standards
o Security
o Disaster management
o Environmental management
o Special Need
The report also addresses:
 Considerations for children with special needs, and
 A framework for the successful transition of children/youth to independent living on
attaining age eighteen (18) years.
The information elaborates more specifically on these areas identified above and proposes
recommendations to govern this new architecture. It must be noted that the
recommendations proposed are consistent with some of the recommendations emanating
from the Armadale Commission of Enquiry.

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Executive Summary
Jamaica is a signatory to the American Convention on Human Rights and the Convention on the
Rights of the Child. It therefore is obliged to adhere to and maintain the international standards
for the protection of children in the custody of the State. As a party to all international and
regional Human Rights Conventions, Jamaica must conform to the established protocols.
Consistent with being a signatory to these Conventions, the State enacted the Child Care and
Protection Act (2004) which gives credence to the legislative mechanism that provides for the
effective 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 a
different 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 accountability
framework for the CDA must specify its primary responsibility for all children who come to the
attention of the State, in whatever capacity, either in need of care and protection or in conflict
with the law.
Jamaica has had several initiatives to improve the safety and well-being of children in the
custody of the State. There remain serious challenges however, that must be addressed to
ensure the proper protection of children. Effective implementation of the appropriate policies
will require resources such as highly trained and skilled personnel and suitable physical
facilities, as well as appropriate programmes, new institutional arrangements and an integrated
approach to management and coordination of the system. Proper coordination and integration
of all related programmes, inclusive of the Restorative Justice initiative must be pursued for the
optimum 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 of
care facilities. Thorough reviews of the institutional framework and the improvement of the
monitoring and evaluation mechanisms are required to ensure the proper treatment and care
of children in State care.
A new philosophy governing children in State care will demand a paradigm shift at all levels of
management. This is critical to implementing the new institutional arrangements, consistent
with meeting the State’s obligation regarding the care of children who are wards of the State. It
begins however, with a commitment at the highest level to articulate and implement this new
architecture, to govern juveniles in Remand and Correctional facilities.

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The Restorative and Community Justice Programme will complement the new regime being
proposed for juveniles in Remand and Correctional Facilities. This programme is managed by
the Ministry of Justice and the details will not be included in this report.
The Context for Change
Successive governments have grappled with the issue of the broad institutional regime that
should be adopted to address not only juveniles in Remand and Correctional Facilities, but also
children in Residential Child Care Facilities, including Places of Safety. It was this latter concern
that led the former Prime Minister, The Most Honourable P. J. Patterson to commission in 2003
a review of all Children’s Homes and Places of Safety in Jamaica. The 2003 Keating Report was
the outcome of that process.
It was yet another event in May 2009, that of the tragic fire at the Armadale Correctional
Centre for Girls, which evoked harsh condemnation of the Correctional Services and sharpened
public focus on the need for more suitable facilities in the provision of a more humane
programme for child offenders. It is in this context, that the Honourable Bruce Golding, Prime
Minister established the rationale for a fundamental change in the current institutional
arrangements governing juveniles in Remand and Correctional facilities and stated that the
Child Development Agency would assume overall responsibility for such children. See Prime
Minister’s Statement to Parliament (Appendix 3).
This tragedy prompted a comprehensive review of the system and has led to the development
of 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 Fire
In May 2009, there was a tragic fire at the Armadale Correctional Centre for Girls in which
seven children lost their lives. This incident highlighted the conditions under which juveniles are
housed in some facilities. It also accentuated some serious abuses and procedural deficiencies
in the current system which indicated a need to focus on providing more suitable facilities and a
more humane programmes for child offenders.
Following the fire, the Prime Minister ordered the Centre to be closed immediately. He visited
the tragic site and commissioned an Enquiry into inter alia:

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 The causes and circumstances of the fire;
 The response of the management of the institution to the outbreak of the fire, including
established evacuation procedures and the availability and readiness of fire prevention
and firefighting equipment at the institution;
 The behaviour of the juvenile detainees occupying the institution before and at the time
of the fire, the response of the emergency services, including the police, fire and
medical services and the effect these had on the origin, control and consequences of the
fire.
The Commission’s Report
The report of the Commission of Enquiry contains several findings and recommendations
concerning 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 at
all juvenile Correctional and remand facilities.
3. Reviewing and modernizing the programme of rehabilitation for children placed on
Correctional orders as well as those on remand. This will include:
 Fulfilling staffing requirements by recruiting and training all persons employed at
these institutions.
 Providing accommodation at Montpelier and Cape Clear, in the first instance, which
will 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 a
regular basis.

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4. Removing children from Adult Correctional Centres such as Fort Augusta and Horizon.
Irrespective of whether they are on Correctional orders or on remand, the environment
in these facilities is inappropriate.
5. Discontinuing the detention of children in Police lockups which is unacceptable and
should not be allowed to continue.
The Report emphasised that adequate accommodation must be provided for those children
placed in the custody of the State by the Courts, as well as those awaiting appearance before or
determination by the Courts. The accommodation must be sufficient to allow for the
appropriate placement of these children based on their peculiar circumstances and needs and
for the execution of effective programmes to address their behavioural problems.
The other important factor driving the change agenda, is the current situation that obtains at
the Juvenile Correctional Centres.
Juvenile Correctional and Remand Centres
There are three Juvenile Correctional Centres and one Juvenile Remand Centre with a total
capacity of 311. As at early 2010, three hundred and twenty five (325) children were in these
facilities, of whom, two hundred and eighty six (286) are subjects of Correctional Orders, issued
by the Courts and thirty nine (39) are being held on remand. However, an additional one
hundred and twenty four (124) children are being housed at other facilities which, although
declared as juvenile institutions for purposes of the law, are not appropriate for the custody of
children. 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.

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Table 1: Illustrates the increasing trend in the number of child offenders in Juvenile Remand
and Correctional facilities from 2005 to December 2008.
Table 1: Number of Offenders in Juvenile Remand and Correctional Centres
2005 2006 2007 2008
288 382 332 339
Source: Department of Correctional Services 2008
These figures indicate that the capacity of some of our Juvenile Remand and Correctional
Centres is fully exhausted and the Correctional Centres are, in fact, overcrowded because of the
need 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, the
housing of children at Adult Correctional Centres such as Fort Augusta and Horizon Remand
Centre either on Correctional Orders or on Remand, is inappropriate and unacceptable and is in
fact, 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 major
concern. There is an urgent need to refurbish existing facilities to accommodate the children in
conflict with the law who are being held in State institutions. The priority for refurbishment
should be determined based on current needs and the existing condition of the facilities.
The Catalyst for Reform
The Armadale Fire being the trigger for fundamental changes to the system, the Prime Minister
therefore committed the GOJ to inter alia:
 Providing adequate accommodation for those children placed in the custody of the
State by the Courts and those awaiting appearance before or determination by the
Courts
 Ensuring that the accommodation be sufficient to allow for the appropriate placement
of these children based on their peculiar circumstances and needs
 Carrying out of effective programmes to address the behavioural problems of those
children in custody.

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 Putting in place the correct institutional and policy framework for treating with
delinquent children who need to be reformed, cared for and mentored rather than not
punished.
 Placing juvenile correctional and remand facilities under the Child Development Agency
which is better able to provide the type of support that these children require.
The Perspective of some Children in State Care
A series of focus group discussions were conducted with children in State care to listen to their
views and solicit their input regarding areas that require improvement and to inform the “next
steps” agenda.
A total of twenty six (26) children from three (3) Juvenile Facilities, namely; (Rio Cobre, Fort
Augusta (Juvenile Section) and Central Kingston Police Lock-up participated in these
discussions. The children spoke freely and related some good experiences, some concerns but
also 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, namely
positive 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 meals
provided.
3. Children want to be able to speak in court.
4. Children feel that they need privacy to speak with relatives.

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Table 2 Summary of Focus Group Responses
Positive Experiences and
Reinforcements
Areas of Concern Suggestions for
Improvement
 Access to education and
being able sit CXC exams
 Being able to participate
in “sports day” and
outdoor games
 They named individual
officers who treated
them well
 Being allowed to watch
television
 Sometimes meals were
good “ Rice and Peas and
Chicken with Pudding” on
a Sunday
 The “Behaviour
Modification Programme”
and the incentives
 They felt generally safe,
unless they were riots
among other wards
 Poor condition of general
facilities including unhygienic
bathrooms, lack of water
and sometimes poor quality
of the water,
 Bug infested mattresses,
having to sleep on the
concrete at times
 Meals, not tasty, no variety,
no ice.
 Verbal abuse from staff and
from officers, including
name-calling and physical
abuse from some police
officers
 Medical problems publicized
to embarrass them
 No privacy when speaking
with family members
 When taken before the
courts not allowed to speak
and hand cuffs are generally
too tight
 Lock down periods are too
long
 Lack of skill training in areas
such as; tailoring, auto-
mechanics, woodwork,
computer training
 Bathrooms need tiling and
access to clean water
 Improvement in meal
preparation as well as in the
quality of meals provided
and changes in the times
that meals are served
 Children want to be able to
speak in court and need
persons who will listen
 Children request more
privacy especially when
speaking with relatives.
 Increased levels of
interaction instead of
lockdown
 A designated day for phone
calls
 Personal items to be
brought in by relatives on
visiting day
 No more than 3 or 5
persons to a dorm, single
beds – reduces conflict
 Brightly coloured walls and
lockers to store personal
items
 Uniforms for school

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The Policies and Protocols Framework
The Situational Context
The Current Policy and Regulatory Framework
Jamaica is a signatory to the Convention on the Rights of the Child and ratified the Convention
in 1991. The Convention outlines some general human rights principles and measures that
children 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 those
views taken into consideration
The Government, in further demonstrating its commitment towards a protective environment
for children, enacted the Child Care and Protection Act (CCPA) in 2004.The CCPA (2004) brought
the legislation into alignment with international treaties.
The Act strengthens the care and protection of children by introducing new standards for their
treatment, while removing the fragmentation of legislation relating to their welfare. It brings
under 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 in
over 20 other laws. It also draws on provisions applicable to children under the Offences
Against the Person Act. The CCPA therefore provides protection for all children (0-18), giving
attention to special categories of children such as “Children in Conflict with the Law”, “Children
in 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 or
imprisonment of a child shall be in conformity with the law and shall be used only as a measure
of 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 on
the Jamaica Periodic Report, made several legislative and policy recommendations to the
Government of Jamaica regarding the treatment of children in the justice system. Included
among them are the following:

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1. “Establish an independent mechanism to monitor the situation of children in conflict
with the law including children in juvenile detention centres and monitor preventive,
recovery and evaluation policies in this regard
2. Amend legislation to ensure children are not sentenced to life imprisonment
3. Strengthen efforts to educate and sensitize police personnel, judiciary and other staff in
the Juvenile Justice System to the provisions of the CRC especially concerning the special
needs 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 or
even placed in police lock-ups in substandard conditions
5. Improve the living conditions of children on remand and encourage communication
between the police and the children’s officers responsible for the placement of detained
children
6. Take further measures to provide alternatives to institutionalization of juvenile
offenders. In this regard, the Committee wishes to emphasize that article 37(b) of the
Convention requires that detention shall be a last resort and for the shortest period of
time possible
7. Evaluate and improve the standards of juvenile institutions such as Places of Safety,
including their living conditions, reintegration and psychological recovery programmes
and 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 of
National Security, the Ministry of Justice, and the Ministry of Youth, Sports and Culture and the
Ministry of Education. In addition to the foregoing, two other entities, the Office of the
Children’s Advocate and the Children’s Registry, with their respective mandates, were created
under the CCPA. All these bodies provide the (a) legal/legislative framework for the protection
of children, (b) the investigations into the incidence of abuse, and (c), social welfare
intervention 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 the
welfare and well-being of children. The International Development Partners (IDPs) play a
significant role in providing technical and financial support to both governmental entities and
NGOs.

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The two primary agencies with responsibility for the care and treatment of children in conflict
with the law are the Child Development Agency (CDA) and the Department of Correctional
Services (DCS). According to the Attorney General’s Chambers, the Corrections Act confers on
the DCS, the responsibility for Child Offenders placed in Juvenile Remand and Correctional
Centres. Administrative provisions for the operation and management of those centers are also
set out under the stated Act. In addition, the 2nd
Schedule of the Act, establishes the rules
governing the administration of Juvenile Correctional Centres and the treatment of Child
Offenders placed in them.
The CDA’s mandate and functions are designated under the Executive Agencies Act (2002) and
its Scheme of Management. The Agency, as an Executive Agency under the portfolio of the
MOH, is mandated to ensure the safety, security, growth and development of children and
young persons in State care.
The CCPA provides the legislative framework on the care, protection and treatment of children
in general and in particular, those in need of care and protection by the State. The CDA is the
government agency presently mandated with the responsibility for administering the CCPA, and
is the primary agency responsible for all children who fall within the ambit of State care.
Present Policies, Plans and Programmes
Provisions are made under specific Policies, Plans and Programmes to ensure the preservation
of 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/AIDS
6. 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)

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Recommendations
The following recommendations cover a wide cross-section of critical areas that impact directly
on children who are residents of Remand and Correctional Facilities.
Programme Quality and Delivery
 All educators delivering educational and skills development training programme to
children in State care must utilise the established curriculum commensurate with both
the age and grade level of the children.
 All host schools2
must allow access to professional development and support service to
teachers/instructors in State Institutions.
 Children in State care must be engaged in a structured educational and skills
development programme at all times.
Teachers
 All teachers/instructors are to be properly trained and certified. The employment
arrangements are to be facilitated by the Ministry of Education and thereafter teachers
are to be assigned to the Remand and Correctional Facilities.
 A special allowance is to be paid to all such assigned teachers/instructors
Staff Development
 All staff must be trained with the requisite skills. Such staff training and skills
development must take into consideration service delivery to children irrespective of his
or 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 materials
and resources necessary to facilitate instruction and learning while in State care.
 All learning materials and instruments are to be designed and teachers extensively
trained with the skills necessary to work with special needs children.
 Children under Court Order must have access to the requisite instruction and resources
to continue examination preparations commensurate with grade levels.
2
A host school attachment is the created and approved association between a government school and another entity (in this
case a Juvenile Remand or Correctional facility) providing educational services. The arrangements for host school attachments
include exposure to training and other professional development activities, technical guidance and support from the
supervisory 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.

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Programme Assessment
 An annual assessment must be conducted of all educational programmes to determine
levels of compliance with the national curriculum. Such activities are to be carried out
by The Ministry of Education/ National Compliance Commission.
Early Childhood Development
 Early Childhood Institutions operated by the State must be registered and provisions put
in place to ensure consistency and compliance.
 Children in State care 0 – 7 years must have access to early childhood education and
such institutions must be registered and be compliant with the Early Childhood
Commission guidelines.
Children Capacity/ Need Assessment
 A preliminary assessment to include psychological, medical, literacy and cognitive
assessment of the child at the point of entry in a Remand Centre or Place of Safety must
be conducted by the CDA within 48 hours, but no later than five working days of the
child being admitted.
 A comprehensive assessment must be completed for each child at the point of entry
into a Correctional Centre or a Children’s Home / LIFE Placement. Such assessment
must be carried out within 96 hours but no later than seven working days of the child
being admitted to the institution.
 Preliminary and Comprehensive Assessment Guidelines are to be developed and staff
trained on its application. Such activities associated with the assessment must be
included 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 educational
and training needs during and after graduating from State care. This will ensure
programme continuity, while facilitating both the education and skills acquisition needs
of 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 and
vocational training programme to be duly certified by the host institution.

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Socio-Cultural Development
Parental Commitment and Participation
 Provision must be in place to ensure full participation of parents who must continue to
provide support for their children while they are in State care and to contribute to the
overall development of these children. Such engagements should be formally
established in writing and signed by all responsible Duty Bearers (Parents & State
Representatives).
 Each parent must participate in a structured developmental programme, necessary to
ensure support for both child and parent/guardian.
Parenting Commission
 The overall creation of a socio-cultural development programme must be subsumed as
part of the responsibility of the Parenting Commission, to ensure that such areas are
extensively covered in the National Parenting Policy.
Child Re-integration Strategies
 A reintegration strategy must be identified and developed for each child released from
the system, into the wider community. This should be done by the CDA working in
collaboration with social mobilization agencies such as the SDC and community based
organizations (CBO).
 A reintegration strategy must be identified and developed for each child, who by virtue
of his or her status will graduate to an adult Correctional facility. This must be designed
to ensure the optimum rehabilitation and empowering of the child to eventually
reintegrate into society.
 The establishment of Child Protection Committees at the parish level which will, as part
of their remit, ensure the adoption of re-integration strategies targeting children leaving
State care. Such a strategy must embrace partnerships established with community-
based organizations, faith-based organizations and youth clubs, etc to provide support
and 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 child
being 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 twelve
months 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 and
delivered. Such a programme must outline issues relating to restorative justice, client

21
re-integration strategies and approaches and mechanisms for engaging both community
and families to provide support for children.
Probation Officer Report
 Home assessment, where applicable, must be conducted prior to a child being released
from Remand and Correctional Facilities.
 Findings from the home assessment, must inform the overall re-integration strategy for
a child leaving such facilities under special provisions such as children accorded licence
for good behaviour.
After Care Support
 An After-Care Support Schedule is to be created outlining the types and levels of service
delivery for children, sixteen years or age or younger who are being released from State
care. 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 the
scheduled dates for such appearances. The transportation must be in full compliance
with the “Riyadh” Guidelines.
Dietary Needs
 Children must be provided with meals and other support commensurate with their
dietary needs prior to being transported to, during the time at the Courts, and following
his/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 to
provide support that is sensitive to both the age and gender of the specific child. Such
training 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 possess
the requisite skills and competencies and must be supported by a rigorous orientation
and skills development programme that supports the child’s developmental cycle.

22
 A retention strategy must be developed, that must ensure continuity of care delivery for
children in State care.
 A re-registration and re-certification programme must be instituted for Caregivers with
direct responsibility for supporting children in State care. This must be administered by
the 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 CDA
should be notified immediately the child is remanded.
 Guidelines outlining methods of detaining, holding and care delivery to a child in a
police lockup must be developed and incorporated in the A-Z Manual. The A-Z Manual
articulates the holistic framework within which all agents in the Child Protection System
must operate when a child is remanded in custody.
Continuance of Sentence (Exit Assessment)
 Children whose sentence continues into adulthood, must be prepared both
psychologically and physically at least 3 – 6 months prior to being transferred to an adult
institution.
 An exit assessment is to be done for children who have a continuous sentence and who
upon attaining the age of 18 will transition to an Adult Correctional Facility. The exit
assessment must determine the relevant rehabilitation and a determination as to
whether the child or/ young person qualifies for parole / license.
 Personnel must be trained in conducting various risk assessment and to develop any
other skills necessary to support children who are in State care. A refresher training
programme must be instituted to ensure continuity of knowledge and adoption of
modern practice. A general assessment of such training and tools must be conducted
annually to determine compliance.
Interviewing and Intervention Practices
 A collaborative approach involving the CDA, JCF & OCA must be adopted when carrying
out interviews and interventions on behalf of the child.
 Every child exiting State children’s institutions should be provided with critical personal
identification i.e. TRN, Birth Certificate, and a National ID Card.

23
After Care Support / Monitoring
 An aftercare programme must be established to ensure continued rehabilitation and
monitoring of children who have committed a sexual offence, served their sentence and
are exiting at the age of 18 years.
Bail Offer Strategy
 A new strategy must be adopted in the application of a mediatory approach in
determining the reasons and identifying solutions that will enable parents and/or
guardians to respond to Bail Offers for children who are in remand.
Transition Homes
 Temporary residential accommodation is to be provided for children who will exit
Remand and Correctional Facilities and who do not have parental support, until they are
appropriately placed or are able to live independently. This will be provided both for
children (under 18 years) and young adults on attaining eighteen (18) years. A social
worker must be assigned to work with the child and his or her family or guardian to
ensure continuity of support for the child and family.

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New Institutional Arrangements
The mandate of this subcommittee was to clearly define the roles of the Department of
Correctional Services (DCS) and the Child Development Agency (CDA) under the new regime.
The first point of contact for children in conflict with the law is usually with the police or the
CDA. 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 come
in conflict with the law.
Currently the Police do not take all children in contact with them to the CDA even though
Section 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 a
place of safety any child in respect of whom any offences mentioned in the Second
Schedule has been committed, or there is reason to believe has been committed, or who
is, in accordance with the provisions of Section 13, about to be brought before a
Children’s Court”.
This section is ambiguous and needs to be amended to ensure clarity. On one hand, it could be
interpreted as speaking about children who commit the offences mentioned in the Second
Schedule, thereby giving the responsibility to the Government Agency responsible for children
and 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 such
offence,
If the constable has reasonable grounds for believing that such person will abscond, or if
the constable does not know and cannot ascertain that person’s name and address”, it is
within his/her jurisdiction to remand in custody such a person. Hence, the problem is
multi-faceted as the Child Care & Protection Act in parts tends to merge certain
responsibilities, creating a blurring of the lines of responsibilities.
Reference is made to Section 15 (2) which states the option of the Bail Act which posits
accordingly that:

25
“ Where, under the powers conferred by this section, a constable arrests any person
without warrant, the officer or sub-officer of the police in charge of the station to which
that person is brought shall grant the person bail in accordance with the Bail Act, unless
he believes, on reasonable grounds, that the release of that person on bail would tend to
defeat the ends of justice, or to cause injury or danger to the child against whom the
offence is alleged to have committed”.
There is however, an inherent problem which is the underutilization of the facility to release
children on ‘bail’. Service providers state that the main reasons stated for children not taken to
the 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 Safety
It 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 person
to be detained in a juvenile remand centre until the person can be brought before a
court“.
According to Section 67 of the CCPA (2004), the civil liberties of the child in need of care and
protection and the child in conflict with the law, must be upheld. It is the Committee’s
submission 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 mean
that the child cannot still be in need of care and protection.

26
Recommendations on the Role and Responsibilities of DCS and CDA
in the New Regime
The Rationale for the Operational Aspects of the Juvenile Correctional Centres remaining with
the Department of Correctional Services
Operational Rationale
Section 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 licence
granted 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 operational
licensing ambit of the Child Development Agency. The operations of a Juvenile Correctional
Centre fall within the purview of the Department of Correctional Services which is governed by
the Corrections Act (2005) as stated in Section 48 (1) thus:
“The managers of any institution intended for the education and training of persons to
be sent there pursuant to the Child Care & Protection Act, may apply to the Minister to
declare the institution to be a juvenile correctional centre…”
This section speaks directly to the stated purpose of a Juvenile Correctional Centre, which is for
the 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 jurisdiction
over the operations of the Juvenile Correctional Centres. However, the CDA would play a
regulatory role in the monitoring of children in such Facilities. It is proposed that the remit of
the Child Development Agency be confined to the welfare of children in Remand and
Correctional Facilities and not in the assumption of responsibility to operate such Facilities that
should 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 and
regulate the children who are sent to Juvenile Remand and Correctional Centres pursuant to
the Child Care & Protection Act (2004).

27
Legislative Rationale
The Child Care and Protection Act (2004) and the Corrections Act (2005) respectively, articulate
the powers vested in both Entities namely; the Child Development Agency and the Department
of Correctional Services. Both Statutes treat differently with children who are in need of care
and protection or those in conflict with the law.
The Corrections Act speaks to the rehabilitation of those who are placed in the custody of the
Department of Correctional Services (DCS). The DCS is therefore mandated by law, to
rehabilitate persons in its custody, including child offenders who have been sent to a Juvenile
Correctional Centre pursuant to the Child Care and Protection Act. There are distinct but
complementary objectives of the respective government agencies regarding the treatment of
children in need of care and protection of the State and those in conflict with the law. Aspects
of the Corrections Act and its Scheme of Management are either inadequate or deficient in the
care 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 be
executed 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 also
monitor, inspect and regulate all Juvenile Remand and Correctional Centres.
The Accountability Framework
An Accountability Framework for all entities that interface with children who are wards of the
State is central to the development of the new institutional arrangements. The CDA, as the
primary Agent, will assume full responsibility for all children entering the system, until they exit
at eighteen years or at some other time, as determined by the Courts or as stated in their Care
Plan.
The following matrix outlines the main recommendations for improving cooperation and
collaboration between the Child Development Agency and the Department of Correctional
Services, in areas such as: pre-sentencing and remand, sentencing (Correctional Order) and
licensing and or early release. The matrix outlines the individual roles and responsibilities of
each agency.

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Table 3: Role of DCS and CDA under the New Regime
Child Development Agency Department of Correctional Services
The CDA is responsible for implementation of the
admission, assessment and placement
requirements as follows:
 Admission – Develops a care plan which should
ensure the rehabilitative, social, emotional and
therapeutic psycho-social needs of the children
who are Wards of the State. (The child must be
involved in the development of the Care Plan).
 Assessment – Monitors and is responsible for
the implementation of the Care plan and when
deficiencies are identified, the CDA must inform
the Superintendent and reports to the
Commissioner of Correction and other relevant
authorities (Management of Change strategies
would be needed to implement this)
 Placement – Places the children on remand
using information from the admissions process.
(Child should be placed before a Placement
Committee which includes the DCS before
placement is made. A parent should be
informed by the CDA of the action taken.
The DCS on admission should be responsible for:
 Orientation – this must be standardized
across the board and time bound.
 Security – the organizational structure would
be similar to the current security and
operations side of the DCS in Remand Centres
currently.
 Daily Health and Nutritional needs
 Operational Aspects – This should include
protocols for disciplinary measures provided
by special staff which should not include
those providing psycho-social support.
The Standard Operational Procedures (SOP) is
currently being revised in collaboration with
CDA and should ensure that children appear
before the Court in a timely manner.
The police should continue to transport children
to Court for security reasons and is responsible
for their nutritional need while at court.
Education and skills training is the responsibility
of the Ministry of Education.
Sentencing (Correctional Order)
 On admission, the CDA is responsible for
assessment, development and implementation
of the Care Plan.
 In collaboration with DCS, the CDA can
recommend Home Leave.
 The child on Home Leave would be monitored
by DCS and the CDA, with each Agency’s role
clearly defined and the appropriate Protocols
developed.

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Concluding Remarks
It is strongly recommended that the Juvenile Remand and Correctional Facilities remain with
the Department of Correctional Services, under the purview of the Ministry of National
Security. 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 facilities
and therefore, the regulatory functions will be articulated in the amendment to the existing
CCPA and the Corrections Act.
This new role will be reflected in the development of standards and will be executed through
regular inspection of such facilities by the CDA, to ensure that they meet the standards for the
treatment of juveniles consistent with the provisions contained in both National and
International Treaties and Protocols.
Licensing or Early Release
 The CDA is responsible for the assessment of
the child’s Care Plan – psycho-social
programme/ intervention which would include
academic training, drug counseling,
conflict/anger management, team building,
psychological and psychiatric interventions.
 The CDA is responsible for the Case
Management and must monitor agreements
with the Restorative Justice Process.
 Prior to the child’s 18th
birthday in preparation
for release, the CDA, based on the Care Plan,
should contact parent/guardian and conduct an
assessment. Preparation should also be made
for the child to be transitioned and
accommodated in temporary housing, for up to
six months.
 Licensing – relates to a behaviour reward
system in the institution. After 6 months a
child can be recommended to be released.
The DCS would assess attendance, behaviour
modification, in keeping with the rules of the
institution to inform the decision making
process.
 Restorative Justice Process – home and
community assessment.
 Probation Officers must make contact with
the parents of the child. Some parents are
brought into the Probation office level
through Parent’s Day where child and parents
have longer periods to interact.
 Visiting arrangements must include provisions
to facilitate interaction between parents and
the child.

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The Legislative Framework3
The existing Statutes establish clear provisions for the monitoring of children in conflict with the
law, 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 of
the relevant authorities and personnel to oversee the effective delivery of services in Juvenile
Remand and Correctional Facilities. Whilst the Corrections Act (2005) requires the
appointment of inspectors for these facilities, this provision has not been effectively
implemented. There has been no appointment of special investigators assigned to the relevant
agencies, such as the Children’s Advocate and the Child Development Agency, to provide
external checks as mandated by the CCPA. In addition, the CDA has traditionally restricted its
monitoring and supervisory role to children in private and public Children’s Homes and Places
of 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 with
the 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. The
clear and decisive jurisdiction bestowed on the DCS by the Corrections Act, gives this particular
agency oversight of Juvenile Correctional Centres and the child offenders within them. Certain
provisions of the CCPA appear to restrict the functions of the CDA and implicitly recognize the
DCS’s jurisdiction over children in conflict with the law. For example, Under Section 67 of the
CCPA, the CDA is required only to cause a child who has been arrested (and not released for any
of the stated reasons), to be detained in a Juvenile Correctional Centre, until he is brought
before a court. The CCPA further stipulates that if found guilty, the child may be sent to a
Juvenile Correctional Centre, with no mention of the role of the CDA once this takes place. This
clearly implies that under the Corrections Act, the DCS thereafter, assumes sole responsibility
for the child.
3
The working group having met on two (2) occasions to consider the TOR agreed that the issues arising were already
considered by the sub-committee on legislation and policy that was established under the Prime Minister’s Tasks Force on
Children in State Care, 2009. The Task Force recommendations were presented to the Prime Minister along with other
recommendations under a Legal Policy Component Matrix. These recommendations embody considerations and
recommendations 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.

31
Recommendations
The recommendations are as follows:
 Implement the recommendations for amendment to the Corrections Act and the Child
Care and Protection Act as outlined above to give effect to the new role that the CDA
should 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 all
matters affecting children previously ascribed to the National Coordinating Committee.
Full implementation of the international standards governing juvenile detention will require
amendments to local laws. The Attorney General’s office advises that rules need to be applied
under the Corrections Act to provide for ‘… regular inspection and other means of control
carried out …. by a duly constituted body authorized to visit the juveniles and not belonging to
the detention facility’. This is important, as currently the Act contemplates inspections being
carried out by persons assigned to the DCS and not by an independent body. The Corrections
Act also does not currently make provision for children in detention or Correctional Centres to
have the opportunities to work for remuneration or to receive and use materials for leisure and
recreation “as is compatible with the interest of the administration of justice”. Other
amendments 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 appropriate
records and registers in the Juvenile Remand and Correctional Centres.
 Rules to be instituted under the Corrections Act to allow for social and psychological
assessments and reports that will form the basis of the Care Plans designed for each
juvenile/child in custody.
Options Available to the Court
Placement of a child in a Place of Safety or a Remand Centre is dependent on the nature of the
allegations against the child. The National Plan of Action for Child Justice seeks to increase the
options available to the Court when faced with a child offender. The specific intention is to
allow the Court recourse to restorative justice options such as Community Service Orders,
Attendance Centre Orders, Corrections Orders of fixed duration, as well as, Mediation and
Reparation Orders.

32
The CCPA currently provides for many of these options to be exercised by the Court. What is
now required is immediate provision of the necessary mechanisms as outlined under the Plan
of Action for the implementation of these measures. Additionally, as per the advice of the
Attorney General, amendments and Rules should be made where necessary, to provide for the
expansion of the options available to the Court for the ‘sentencing’ of juvenile offenders. These
include amending the CCPA to include:
 Attendance Centre Orders under the list of options available to the Court listed in
Section 78 of the Child Care and Protection Act (2004).
 Reparation Orders to the list of methods available to the Court when dealing with a
child offender; and
 Provision for a specialized regime to address children found abusing drugs

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Assessment, Placement, Admissions and Orientation
Policies
Currently, children in residential State facilities fall into two major categories:
1. Children in need of Care and Protection, and
2. Children in Conflict with the Law
Children in Need of Care and Protection
Once reports are made to the Office of the Children’s Registry (OCR) or to the Police, the CDA’s
Social 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 are
conducted with personnel from the child’s school. Depending on the nature of the case and the
interview findings, further referral is made as follows:
 Sexual and Physical Abuse – to Centre for the Investigation of Sexual Offences and Child
Abuse(CISOCA)
 Behavioural Issues – to the Child Guidance Clinic
Based on (a) the information gathered in the preliminary investigations (b) the level of security
risk and (c) the severity or level of threat to the child, the social worker may remove the child
from 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 the
Team Leader.
Children in Conflict with the Law - The Juvenile System Process
Once a child is taken to the police station, the age, date of birth, address, name of parent or
guardian and school (if attending) are ascertained. The Juvenile process involves personnel
from 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 then
explained in the hearing of or in the presence of the parent or guardian.

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Children in Custody of the Police
While children are in the custody of the police they are kept in a cell, in odd numbers (to avoid
pairing and to obtain objectivity), as there are no dormitories in which they can be
accommodated. While awaiting the disposal of the matter, before a Court the children are
entitled to a visit from family members, an attorney-at-law, social worker or a CDA staff
member or probation officer. Church groups are also allowed to visit the lockup to offer prayer
and counseling. Visits are supervised by police personnel. Children are provided with three
meals per day. Medical attention is provided, if required. Although there are no organized
educational activities provided, children are allowed to play board games for intellectual
stimulation or entertainment.
Court Process
A probation officer is assigned by the Court to conduct the social enquiry. Once the pertinent
information 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 on
bail, 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 place
for the child/ward. If there is no appropriate space immediately available, the child will be kept
in police custody until a place can be found at a juvenile facility. Once the child/ward is placed
in the custody of the remand facility, the police are no longer involved in the process.
Remand Facility Process
A Writ of Commitment/Interim Order is taken with the child/ward to the remand facility. This
outlines the charges and is handed over to the remand facility personnel. The personal
valuables are taken from the child/ward and are logged. The only interaction the police will
have with the ward/child is when transporting the ward/child for Court appearance.

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Findings
Assessment Policy
The current assessment process and system in place for both the CDA and the Juvenile Remand
and Correctional Services do not provide for sufficient analysis and evaluation to enable the
proper classification of children. As a consequence, the proper basis for interventions best
suited to individual needs is stymied, inevitably affecting the best interest of the child.
Placement Policy
The current system does not facilitate the proper placement of children/wards. Placement or
assignment to certain programmes or facilities is not always appropriate to suit the individual
needs of the child/ward
Admissions and Orientation Policy
Current admissions and orientation procedures are developed and implemented by individual
State facilities. There is no existing standard Admissions and Orientation Policy and Procedures
for children in State care.
Recommendations
Assessment 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 and
medical needs, which facilitate appropriate individual care planning for children in State
care.
 A standard Assessment Form for capturing the relevant data for each child must be
developed. This is very important for effective case management and to facilitate multi-
disciplinary assessment. A review of the existing forms revealed that more
comprehensive data are required to include:
a) An Intake section - which captures all relevant demographic data at the outset of the
process 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 the
proposed treatment plan.

36
c) A Care Plan - which is designed to identify the various needs of the child. It should
also contain a schedule of relevant assessment including: risk assessment, medical
screening/referral to specialist, if required, psychiatric/psychological assessment,
detoxification, educational needs and scheduling of case conferences. The Care Plan
must be developed with input from the child.
Placement Policy
 A standard Placement policy is to be developed to facilitate proper classification of
children being admitted into State care in facilities to ensure they are placed
appropriately, and receive services suited to their individual needs, as determined by a
thorough 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 children
in State care facilities. These policies and procedures will establish expectations, rights
and responsibilities of children/wards/parents and staff.
 Contact with parent/guardian/caregiver should be established within 24 hours and the
latest, 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 prior
to Court appearance.
 Rigorous orientation must be developed and conducted for all children placed in
residential State care e.g. Managers/Case workers conduct interview and make contact
with parents/guardian/caregiver and advise of visitation procedures at each stage of the
process.
 The Standard Handbook incorporating all protocols must be available to all staff of
residential facilities.
 The rules of all categories of residential facilities are to be reviewed, standardised and
given to all stakeholders who must interface with the children.
 Case Managers must manage case load effectively, and improve coordination of Court
activities.
 Appropriate technology must be in place to facilitate comprehensive and ongoing
management, monitoring and evaluation of children in State-care.
 The Care Plan developed for each child must be reviewed, preferably on a quarterly
basis, but minimally twice annually.

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Figure 1: Proposed Admissions and Orientation Procedures
Data Collection
Name, Court Date
(Remanding) Officer’s Name
Child Arrives to Facility
Child Arrives to
Facility
Basic Care Package
Assigned to and settled
into Dormitory
Manager/Superintendent
Conducts formal admission
(Recommend Standard Intake Form)
Child Introduced to
“Statement of Clients Rights”
Tour of Facility & Introduction to relevant
staff on duty

38
Case Management and Family Re-integration
In keeping with the provision and principles of the United Nations Convention on the Rights of
the Child (UNCRC, 1991), it is imperative that all children in the custody of the State receive the
care and protection that would enable them to meet their basic needs and afford them the
opportunity to reach their full potential. Case Management is an approach to arranging and
coordinating this care. It is based on the recognition that a trusting and empowering direct
relationship between the Caregiver/Social Worker and the client is essential to facilitate the
client’s access to services and to restore or maintain the client’s independent functioning to the
fullest extent possible.
The principle that underpins case management is individualized service delivery, based on a
comprehensive assessment that is then used to develop a Care Plan. The plan is developed in
collaboration with the client and reflects their choices and preferences for the service
arrangements being developed. The goal is to empower the clients and ensure that they are
involved integrally in all aspects of the planning and service arrangement.
The Case Management approach assumes that clients with complex and multiple needs, will
experience seamless access to available services from a range of service providers. . Effective
case management is based in service provision arrangements that require different responses
from 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 case
manager/children’s officer, who coordinates services and advocates on behalf of the client. It
involves placement in a programme that best suits the assessed needs of the child and ensures
the best outcomes, monitoring the progress of a client (a child) and referral to the services of
many different professionals, agencies, health care facilities and human service programmes

39
There are several agencies involved in the initial stage of a child’s first contact on entering the
child protection system. Whilst Case Management in general terms involves a coordinated
approach to the execution of duties and responsibilities , the current practice is one in which
the 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 urgent
need to utilise technology that will enable the Agencies to be more effective and efficient in the
monitoring and management of children. The CDA has already developed the specifications
and requirements definition of such a system and as the primary agent with the responsibility
for 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 per
client, along the continuum of services, from the point of access to the system (intake) to the
point of exit (independent living). The system will also enable the tracking of activities relating
to each child, irrespective of the point of contact within the system. It will also provide current
information in the form of status reports to inform decision making and actions to meet the
best interest of the children. Great care must be taken to safeguard the primacy of children
throughout the entire system.
Family Support and Re-Integration
The Child Care and Protection Act in Section 2. (3) (b) states that “A family is the preferred
environment for the care and upbringing of children and the responsibility for the protection of
children rests primarily with the parents.”
It further States in subsections (c) and (e) that “if, with available support services, a family can
provide 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 is
community based and aims to return the child on a Fit Person Order to kinship care which
means to the care of immediate/extended family after careful review and assessment. It seeks
to have a child returned to the biological family for rehabilitation after a period in State care.

40
Children & Family Support Unit (CFSU)
The Child and Family Support Unit (CFSU) of the CDA should be utilised to extend the Family
Reintegration programme to families with children in conflict with the law. The CFSU aims to
provide a supportive, sensitive, easily accessible and reassuring service to all its clients. The
focus is on delivering early intervention and prevention services and programmes for children
and their families. They will be assisted in making contact with other allied agencies that
provide 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 regarding
care 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 of
Education, HEART/NTA, PATH, NYS, Salvation Army, Food for the Poor, Ministry of Social
Security, 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 for
themselves 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 to
clients based on an assessment of needs;
 Providing crisis counseling management activities in response to issues impacting
children. This will include, but not limited to, counseling and other intervention support
at residential child care and Correctional facilities; and
 Creating Child and Family Plans (Care Plans) to be used as a guide/map for care and
treatment, 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 a
result of an abuse or at-risk youths and their families to the CDA Clinical Psychologists, in order
to benefit from more intense interventions. Children and Family Support Services must be
organized in such a manner that enables counseling and intervention, when offered to be done
in a structured and pointed manner.

41
Recommendations
1. Greater collaboration of all Agencies involved in the Child Protection System in the
continuum of care, with the CDA as the primary agent.
2. A centralized electronic Case Management System that allows access by all Agencies in
the Child Protection System.
3. Reduction in the staffing ratios in Case Management – Rotation of (case loads) in
keeping with international standards, bearing in mind the present economic constraints.
4. Cross training of employees involved in case management in the respective Agencies, in
areas such as policies, procedures and protocols and the applicable laws. .
5. The employment of additional staff in specialist areas to do assessments, e.g. Clinical
Psychologists, Behaviour Management Specialists.

42
Interdisciplinary Framework
Children 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 care
for all children should be wholistic; encompassing mental, emotional, and physical health,
education and social well-being. Opportunities and provisions should be geared toward equity
of standard and life outcomes. In order to be successful, alternative care provisions require the
commitment and collaboration of Non-government Organizations (NGOs), as well as public and
private 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 with
responsibility for all children who enter State care and the Juvenile Remand Centres, is
principally responsible to ensure that the physical facilities and related services required are in
place for children in Remand and Correctional Facilities.
The multidisciplinary approach to service provision for children and youth in protective and
Correctional care should, in its structure, continue to foster wholistic development to produce
positive change and ensure maximum benefits from educational opportunities, health and
social care. Jamaica’s pursuit of a rights-based approach to child protection is based on the
pillars of institutional strengthening, legislative reform and policy development. The underlying
tenet of ensuring legislative foundation to justify programme development and implementation
is further applied to the context of children and youth with special needs. As signatory to the
UN Conventions on the Rights of Persons with Disabilities (UNCRPD, 2006), Jamaica’s
commitment to the provision of quality and equitable educational provisions for the vulnerable
population of children with special needs, is documented in the ratifying of the UNCRPD, and
requires the necessary compliance and congruence with international and local legislative
instruments.
The proposed draft Policy on Special Education (Ministry of Education) advocates for the
provision of educational services for all children of school age, 6 to 18 years of age in the
context of non-discrimination, quality and equity. Special needs include cognitive and physical
impairments, as well as social, emotional and behavioural disorders that may be found among
children adjudged to be in conflict with the law, or otherwise court-adjudicated. A
comprehensive network of services encompassing education, rehabilitation and treatment for
children in State-care, must be the response to the range of needs for children in State-care.

43
The sub-committee recommends a comprehensive multidisciplinary approach to address the
rehabilitative and treatment needs of children in State-care. The recommendations are
presented accordingly:
 Comprehensive Assessment
 Education and Training (Mainstreaming)
 Healthcare and Management
 Transition to Independent Living
 Prevention Programming
 Provision for Special Needs
Recommendations
Needs Assessment of Child Offenders
In order to ensure that the needs of children in State-care are met adequately, a
comprehensive system of individual assessment is required to inform appropriate placement
and 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 and
classification 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 more
effective outcomes;
 Engages in partnerships with independent professionals or professional organizations
to forge service-support agreements; or to secure commitments of voluntary service to
children in protective and Correctional State-programmes
 Explores a range of supportive interventions and treatments to be implemented and
delivered in residential or non-residential arrangements.

44
Education and Training
The various remand and protective-care facilities have different strategies and programmes for
addressing the educational needs of children. The United Nations Conventions on the Rights of
the Child (UNCRC, 1991) and the UN Standard Minimum Rules for the Administration of
Juvenile 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 that
children in State care are not disenfranchised of their rights to access quality educational
provisions necessary to their development.
In discussion with child offenders, some have identified the continued access to education and
their 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. 4
The
recommendations for education and training are presented in relation to educational and
instructional resources (specific to on-site programmes), human resources and support.
Educational and Instructional Resources
The Ministry of Education (MoE) guides the CDA and DCS in a review of current on-site
educational programmes to determine their needs for educational resources (textbooks,
materials and other instructional resources; dedicated space for instruction and infrastructural
suitability for classrooms).
Human Resources
 The CDA and DCS conduct an audit of instructional staff to ascertain their existing
qualifications and skills set and determine the training needs of staff to meet the needs
of the care and Correctional sector.
 The CDA and DCS provide balanced allocation of social workers across care and
Correctional facilities
 The Ministry of Education engages skilled and qualified teachers to deliver high quality
educational programmes to all children in State-care on-site arrangements.
 Where necessary, itinerant teachers are engaged to work with children who may need
specialized instructional intervention or exam preparation
4
Summary of Focus Group Discussions with Child Offenders.

45
Support for Educators
Instructional Staff
 To ensure compliance with professional standards for the instructional staff, the
Ministry of Education (MoE) provides technical guidance and supervision through
formalized host-school attachments. The organized support may be introduced initially
in facilities engaged in structured on-site educational programmes for institutions such
as Rio Cobre Juvenile Centre, Manning, Granville and Blossom Gardens Places of Safety
and eventually to all facilities meeting the established MoE criteria and standards for
educational services.
 Supervision and monitoring of programmes for adolescents in Correctional facilities
include parish managers and field officers of the Jamaica Foundation for Lifelong
Learning (JFLL), where applicable.
Uninterrupted Provision of Educational Services
 The CDA, DCS in collaboration with the MoE establish a system to allow children to sit
exams in the National Assessment Programme (Grade Six Achievement Test and Grade
Nine Achievement Test, for example).
 Children preparing for external exams (CXC, CAPE, City and Guilds, etc.,) be allowed to
continue exam preparation. In the case of the technical subject areas, children must be
supplied with, or have access to the required apparatuses and instruments for optimal
preparation in technical subject areas.
 The MOE has primary responsibility to ensure the uninterrupted provision of
educational services. The CDA must ensure that children are provided for in this regard.
Professional Development
The enhancement of the skills-set and provision of the requisite information to serve the needs
of this vulnerable population require continued professional development activities. These
activities will allow support for instructors in curriculum adaptation, and diagnostic and
prescriptive teaching strategies, to maximize student-performance outcomes. It is
recommended, therefore, that:
 A system of continued inter-sectoral collaboration be established to ensure access to
available resources, as well as, workshops and other training opportunities

46
 The related Ministries5
establish and maintain inter-sectoral collaboration and
consultation for staff development and capacity building.
 The MoE will be the responsible agent for general oversight of all education and training
programmes for children in care and correctional facilities.
Skills Training
Consistent 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 educational
programmes 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 or
certification standards
 Determine the type of accommodations for learning or remediation that might be
possible for this population of students, who would not have attained the desired
literacy functioning level to enter the programme
 The JFLL and HEART/NTA collaborate to determine the assessment activities to be
conducted 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 be
suitable for the Career Advancement Programme (CAP) and other programmes
Special Needs
Services for children with special needs in State-care have been significantly hampered because
of the dearth of practitioners in the area. The CDA as the responsible agency into whose care
children are delivered would ensure that appropriate placement and services for children
identified with special needs, including those with emotional-behavioural disorders, intellectual
disabilities, 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 initial
assessment and social enquiry on admission to the system.
5
Education, Health, Labour and Social Security; Justice; National Security; Youth and Sports; and other
government agencies

47
 Rationalization of existing institutions to create and include specialized institutions (as
seen in the model employed by the Mustard Seed Communities). Such arrangements
will offer more appropriate options for intervention and rehabilitation for children with
special needs who would be in State-care facilities
 Establishment of half-way or transitional houses for young adults (18+ years) with
special needs who remain in State-care because they have no families with which to
reunite, being released from State-care.
Healthcare Management
The new system requires that the State provides accessible, affordable and comprehensive
integrated health-care for children in State run facilities. The following recommendations are
made 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 the
system, provides further assessment and follow-up care for all children requiring such
intervention.
 Provides comprehensive referral and age-appropriate services at the community level
for 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 per
week in all facilities, to assist with stress relief and anger management.
Implementation of these strategies will require screening, treatment/care, evaluation, referral
and networking with other government agencies. To ensure a coordinated approach, it is
recommended that:
 The CDA should, as part of its overall case management responsibility, liaise with service
providers (Non-Governmental Organizations; Faith-Based Organizations; and

48
Community-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’s
Health and Family Life Education (HFLE) Curriculum, currently used in primary and secondary
schools in the public system, along with other materials from the Ministry of Health and the
Ministry of Education.
Transition to Independent Living
While family re-integration is seen by the child protection system as ideal, in some cases, this is
neither desirable nor feasible. In other instances, families may need to be sensitized in
preparation for the child’s reintegration into the family. Consequently, the CDA, through its
social welfare component, should provide services to facilitate the transition of youth from
State-care into independent living. In order to accomplish this goal, it is recommended that the
CDA accordingly:
 develops through its Comprehensive Care Plan, the child’s social reintegration strategies
and
 identifies treatment and rehabilitative services or modalities to allow transition into
independent 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 considerations
for appropriate levels of care. This is particularly important where family reintegration is
not immediately feasible or possible and wider application of the Family Reintegration
Programme used by the CDA.
Prevention Programming
A key responsibility of a modern juvenile justice system is the support and implementation of
prevention programmes to avert children deemed at-risk, coming in conflict with the law. Such
prevention programmes minimize institutionalization and reduce the subsequent demands on
Juvenile Correctional Facilities. In the last decade, the Jamaican juvenile justice sector has
experienced an increase in the number of children entering these facilities.

49
It is strongly recommended that an effective prevention programme be instituted with three
clear 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 accountability
The CDA and DCS, in collaboration with NGOs and community partners must establish a
structured framework of training and continued support in areas of prevention to divert
juvenile criminal behavior. In its implementation, this framework should:
 articulate the role of the CDA, DCS, and the Ministries of National Security and Justice in
incorporating their respective diversion and prevention programmes and sensitization
activities to targeted schools and the wider community
 include the YMCA, the YWCA and NYS in the mentorship and leadership programmes to
facilitate the development of social skills, as well as, wholesome and supportive
relationships among juveniles.
 include the MoJ and DCS in organizing and delivering public awareness campaigns on
the youth diversion and restorative justice processes, and
 include the DCS in providing programmes to support parents/caregivers in handling
behaviour management challenges.
A multi-pronged approach, buttressed by a comprehensive needs assessment and a case
management strategy executed effectively, are among the best available options for addressing
issues of rehabilitation and restoration of children in conflict with the law.

Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica

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