Children (Amendment) Bill, 2024

Overview

The Children (Amendment) Bill, 2024 will further strengthen legal protections for children, ensuring their rights are upheld and that they the necessary safeguards are in place to support them and also provide necessary regulatory and advocacy frameworks aligning with international best practices.

Legislation Highlights:

• Strengthening Child Safeguarding: The amendments to the Children Act enhance child protection by establishing a unified regulatory framework for children's homes and enhancing the existing provisions for mandatory reporting of child abuse and neglect, along with introducing required safeguarding policies and training for mandatory reporters.
• Voice of the Child: A new section entitled "Voice of the Child" aligns with the United Nations Convention on the Rights of the Child, empowering children by ensuring their perspectives are considered in decisions affecting them.
• Expanded Parental Responsibility: The amendments allow for broader recognition of parental responsibility, including provisions for women in civil partnerships and stepparents for example, thus ensuring inclusive family dynamics.
• Office of the Commissioner for Children and Young Persons: The establishment of this office aims to advocate for and protect children's rights, harmonise with legislation and international treaties, and monitor implementation of treaties such as the United Nations Convention on the Right of the Child within the Cayman Islands.
• Unified Children's Homes Regulation: Various types of children’s homes will be streamlined into a single process for registration and inspection, simplifying oversight and ensuring consistent quality.
• Streamlined Legislative Framework: in an effort to streamline the provision of financial orders and maintenance under one legislative framework, various sections relating to child maintenance from the Maintenance Act (1996 Revision) have been incorporated into this Bill and as a result sections relating to children have been proposed for consequential repeal in the Maintenance Act (1996 Revision).
• Order Freeing a Child for Adoption: Aligned with the introduction of the proposed Adoption Bill, 2024 this order will allow for the Courts to grant an order freeing a child for adoption if it is in the best interests of the child and means that the consent of the parent of the child will not be required for an adoption.
• Comprehensive Consultation Process: Extensive consultations in 2023 and 2024 have enriched the development of the amendments, ensuring they are informed by community insights and meet both local and international standards.

Why your views matter

The amendments are expected to enhance safeguarding and advocacy for children and young persons.

We want to seek feedback to ensure that the amendments are fit-for-purpose to safeguard and promote the rights of children and young persons, of which the 2021 reports there are 11,315 persons between the ages of 0-14 living in the Cayman Islands

What happens next

Any feedback gathered via the consultation period will be considered prior to the Bill being debated in Parliament.