REPUBLIC OF TRINIDAD AND TOBAGO Act No. 15 of 2018Acid) Act, Chap. 5:34, the Legal Aid and Advice Act, Chap. 7:07, the Child Rehabilitation Centre Act, Chap. 13:05, the Children Act,

AN ACT to amend the Interpretation Act, Chap. 3:01,the Supreme Court of Judicature Act, Chap. 4:01, the Summary Courts Act, Chap. 4:20, the Bail Act, Chap. 4:60, theAdministration of Justice (DeoxyribonucleicAcid) Act, Chap. 5:34, the Legal Aid and AdviceAct, Chap. 7:07, the Child Rehabilitation CentreAct, Chap. 13:05, the Children Act, Chap. 46:01,the Children’s Community Residences, FosterCare and Nurseries Act, Chap. 46:04, the Family

Third Session Eleventh Parliament Republic of Trinidad and Tobago

REPUBLIC OF TRINIDAD AND TOBAGO

Act No. 15 of 2018

[L.S.]

Legal Supplement Part A to the “Trinidad and Tobago Gazette”, Vol. 57,No. 135, 18th October, 2018

Law (Guardianship of Minors, Domicile andMaintenance) Act, Chap. 46:08, the Children’sAuthority Act, Chap. 46:10, and the Family andChildren Division Act, 2016

[Assented to 9th October, 2018]

ENACTED by the Parliament of Trinidad and Tobago asfollows:

1. This Act may be cited as the MiscellaneousProvisions (Supreme Court of Judicature and Children)Act, 2018.

1A. This Act comes into operation on such date as isfixed by the President by Proclamation.

2. The Interpretation Act is amended in section 83,by inserting in the appropriate alphabetical sequencethe following definition:

“ “child” means a person under the age ofeighteen years;”.

3. The Supreme Court of Judicature Act is amended—

(a) in section 5(1), by deleting the words “forty-nine” and substituting the words“sixty-four”;

(b) in section 6(1), by deleting the word“twelve” and substituting the word “fifteen”;

(c) in section 7—(i) in subsection (1), by insertingafter the word “England” thewords “or any Commonwealthcountry,”; and

(ii) in subsection (2)(b), by insertingafter the word “England” the

Enactment

Short title

Proclamation

Chap. 3:01 amended

Chap. 4:01 amended

518 No. 15 Miscellaneous Provisions (Supreme Court of 2018Judicature and Children)

words “or any Commonwealthcountry,”.

4. The Summary Courts Act is amended—(a) in section 2—

(i) by deleting the definitions of“child” and “young person”; and

(ii) by inserting in the appropriatealphabetical sequence, the following definitions:

“ “child” has the meaningassigned to it in section 3 of theChildren Act;

“older child” means anyperson who, in theopinion of the Courtbefore whom heappears or is brought,is fourteen years ofage or upwards andunder the age of eighteen years;

“Magistracy Registrar andClerk of the Court”means the judicialoffice of theMagistracy Registrarand Clerk of the Courtreferred to in Part I ofthe Second Schedule,Judicial Offices in theJudicial and LegalService Act;

“younger child” means anyperson who, in theopinion of the Courtbefore whom heappears or is brought,

Chap. 4:20 amended

No. 15 Miscellaneous Provisions (Supreme Court of 2018 519Judicature and Children)

is seven years of ageand under fourteenyears of age;”

(iii) by renumbering section 2 as section 2(1); and

(iv) by inserting after section 2(1) asrenumbered, the following newsubsection:

“ (2) A reference to “Clerkof the Peace” or “Clerk ofthe Court” in relation tosummary jurisdiction shallbe read and construed toinclude a reference to a“Magistracy Registrar andClerk of the Court.”;

(b) in section 2, in the definition of “guardian”,by deleting the word “child” the first, thirdand fourth times it occurs and substitutingthe words “younger child or older child” andthe second time it occurs by substitutingthe words “younger child or older child and”;

(c) in sections 63A and 99, by deleting theword “child” wherever it occurs and substituting the words “younger child”;

(d) in section 39(1), by deleting the word“Clerk” and substituting the words “anyperson designated by the Chief Justice toreceive the complaint”; and

(e) in section 99—(i) by deleting the words “young person” wherever they occur andsubstituting the words “olderchild”; and

(ii) in subsection (7), by deleting the words “section 84” and sub-stituting the words “section 54”.


5. The Bail Act is amended—(a) in section 3, by inserting in the appropriate

alphabetical sequence, the following definition:

“ “child offender” has the meaningassigned to it under section 1Aof the Child RehabilitationCentre Act”; and

(b) in section 12(5)(a), by deleting the word“sixteen” and substituting the word “eighteen”.

6. The Administration of Justice (DeoxyribonucleicAcid) Act is amended—

(a) in section 4, by deleting the definition of “juvenile residential facility” and substituting the following definition:

“ “Rehabilitation Centre” has themeaning assigned to it undersection 2 of the Children’sCommunity Residences, FosterCare and Nurseries Act”; and

(b) in sections 13(2)(d) and 14(6)(d), by deleting the words “juvenile residentialfacility” and substituting the words“Rehabilitation Centre”.

7. The Legal Aid and Advice Act is amended in item 1(b) of Part I of the First Schedule, by insertingafter the words “vehicle offences”, the words “where aperson eighteen years and over is”.

8. The Child Rehabilitation Centre Act is amended—(a) in section 1, by deleting the words

“Child Rehabilitation Centre Act” and substituting the words “ChildRehabilitation Centres Act”;

Chap. 4:60 amended

Chap. 5:34 amended

Chap. 7:07 amended

Chap. 13:05 amended


(b) in section 1A—(i) by inserting in the appropriatealphabetical sequence the following definitions:

“ “Advisory Board” means theAdvisory Board appointedunder section 3(2); “prohibited article” means

any item, substance orthing—(a) the possession of

which by a residentis considered by theCommissioner topresent a threat tothe maintenance ofsecurity, good orderor discipline;

(b) the possession ofwhich by a residentin any part of aR e h a b i l i t a t i o nCentre other than apart designated bythe Commissioner,is considered by theCommissioner to bea threat to themaintenance ofsecurity, good orderor discipline; or

(c) which is being usedby a resident in amanner which isconsidered by theCommissioner topresent a threat to


the maintenance ofsecurity, good orderor discipline;

“resident” means a personwho has been committed,remanded or transferredto a Rehabilitation Centre;

“responsibility” includes custody, charge, care andcontrol;

“Superintendent” means theSuperintendent of Prisonsreferred to in Part A of theSecond Schedule of thePrison Service Act andwho is assigned to aRehabilitation Centreunder section 3(4);”; and

(ii) by deleting the definition of “prisonofficer” and substituting the following definition:

“ “officer” means an officerholding an office asspecified in the SecondSchedule of the PrisonService Act and who hasbeen assigned to theRehabilitation Centre;”;

(c) in section 2—(i) in subsection (3), by deleting all thewords after the words “sub-section (1):” and substituting thewords “sections 3(1) and (2), 4, 5, 7,8, 8A, 8B, 8C, 11(1) and (3), 11A, 12to 18, 19(1), 20, 22(b), 23 to 26 and26A of the Children’s Community


Residences, Foster Care andNurseries Act.”; and

(ii) by repealing subsection (4) andsubstituting the following new subsection:

“ (4) The Commissionershall be deemed to be the licensee of aRehabilitation Centre and aSuperintendent shall be the Manager of aRehabilitation Centre.”;

(d) by inserting after section 2, the followingnew sections:

2A. The Commissioner ofPrisons shall ensure that policiesare prepared with respect to thefollowing areas:

(a) strategies for the rehabilitation and thereduction of recidivismof residents;

(b) training programmes forofficers and residents ofa Rehabilitation Centre;

(c) the fitness for dischargeof any resident of aRehabilitation Centre;

(d) the making of applications to theCourt for permission fora resident over the ageof sixteen years toengage in on-the-jobtraining outside of aRehabilitation Centre;and

“Commissionerof Prisons tomake policies


(e) other matters relatingto the management,maintenance or opera-tions of a RehabilitationCentre and the protection of the residents.”;

2B. The policies published inaccordance with section 2A shallbe brought to the attention ofall residents of a RehabilitationCentre.

(e) in section 3—(i) by repealing subsection (1) andsubstituting the following new sub-section:

“ (1) A RehabilitationCentre shall be under themanagement and control ofthe Commissioner ofPrisons subject to theChildren’s Authority Actand the Children’sCommunity Residences,Foster Care and NurseriesAct.”; and

(ii) in subsection (4), by deleting thewords “appointed at” and substituting the words “assignedto”;

(f) in section 3A, by deleting all the wordsafter the words “with respect to—” and substituting the words “the policy areasenumerated in section 2A(a) to (e)”;

(g) in section 4—(i) in the marginal note, by inserting

“Residents to benotified


after the word “officers” the words“and instructors”;

(ii) by renumbering section 4 as section 4(1);

(iii) in section 4(1) as renumbered, by deleting the words “and instructors”;

(iv) by inserting after subsection (1),the following new subsection:

“ (2) The Minister withresponsibility for educationshall, after consultationwith the Commissioner of Prisons, appoint educational instructors,including special educationinstructors for aRehabilitation Centre.”;

(ga) by inserting after section 4 the followingnew section:

4A. (1) The Commissioner shallbe responsible for ensuring thateach resident is not subjected to—

(a) corporal punishment;(b) restraint or force as a

form of punishment;(c) the reduction or change

of diet as a form of pun-ishment; or

(d) the restriction or denialof contact with family asa form of punishment.

(2) Where a person allegesthat a resident at a RehabilitationCentre has been the subject of any

“Prohibitedpunishmentand restraint


form of the prohibited methodsof punishment referred to in sub-section (1), the person shall reportthe matter to the Commissionerand the Authority and theCommissioner and the Authorityshall investigate the allegationand on its completion shall notifythe person who made theallegation of the findings.

(3) Notwithstanding subsec-tion (1)(b), the Superintendentmay order that a resident be putunder restraint—

(a) for safe custody duringremoval or transportationfrom the RehabilitationCentre;

(b) on the direction of theMedical Officer on med-ical grounds; or

(c) for the purpose of pre-venting the residentfrom—

(i) injuring him-self or others;

(ii) damaging prop-erty; or

(iii) creating a dis-ruption.

(4) The Superintendent shallgive written notice of an order forrestraint without delay to theAuthority, Children’s ProbationOfficer, the Medical Officer and


the resident and shall state—(a) the grounds for the

restraint; and(b) the period of the intended

restraint.

(5) On receipt of the noticereferred to in subsection (4), theMedical Officer shall inform theSuperintendent whether there areany reasons why the residentshould not be put under restraintand the Superintendent shall giveeffect to any recommendationmade by the Medical Officer.

(5A) Any recommendation madeby the Medical Officer under sub-section (5) shall be brought to theattention of the resident, theChildren’s Probation Officer andthe Authority by the MedicalOfficer.

(6) The Medical Officer may atany time recommend that therestraint on a resident beremoved.

(6A) Any recommendation madeby the Medical Officer under sub-section (6) shall be brought to theattention of the resident, theChildren’s Probation Officer andthe Authority by the MedicalOfficer.

(7) A resident shall not be keptunder restraint without supervi-sion and no longer than necessary,nor shall he be kept for longer


than twenty-four consecutivehours without a direction by theCourt.

(8) On any application madepursuant to subsection (7) theresident shall be afforded theright to be heard.”.

(h) in section 5(b), by deleting all the words after the words “system of” and substituting the words “discipline, marksand rewards for good conduct;”;

(i) in section 7—(i) in subsection (1)—

(A) by deleting the words“59(1)(e)” and substitutingthe words “59(2)(e)”; and

(B) in subsections (1), (2), (4)and (4B), by deleting the words “RehabilitationCentre” and substitutingthe words “CommunityResidence”; and

(ii) in subsection (2), by deleting thewords “who is between the ages often years and eighteen years, and”;

(j) in section 9—(i) by deleting the words “theRehabilitation Centre” whereverthey occur and substituting thewords “a Community Residence”;

(ii) by deleting the words “of detention”and substituting the words “forplacement”;

(iii) by deleting the word “detained”and substituting the word “placed”;and


(iv) in the marginal note, by deletingthe word “detention” and substituting the word “placement”;

(k) by repealing section 10 and substitutingthe following section:

10. The Order for placement ofa child shall be forwarded by theCourt—

(a) in the case of aChildren’s Home, to theLicensee; and

(b) in the case of aRehabilitation Centre,to the Commissioner,

and a copy shall be sent to theAuthority.”;

(l) by repealing section 12A and substitutingthe following sections:

12A. (1) Subject to sub-section (5) and section 12B, theCommissioner may apply to theCourt for an order permitting aresident to leave a RehabilitationCentre for a stated purpose andfor such periods and subject tosuch conditions as are specified inthe order, and the Court maymake such order as it thinks fit.

(1A)An application madeby the Commissioner undersubsection (1) shall be brought tothe attention of the resident andthe resident shall have a right tobe heard by the Court.

(2) The Commissionershall notify the resident, in writing, of the decision of the

“Order forplacement

“Applicationby Commis-sioner forleave for a stated purpose


Court in relation to an applicationmade under subsection (1).

(3) A resident shall notproceed on leave pursuant toan order under subsection (1)without the permission of theCommissioner.

(4) The Commissionermay, at any time, apply to theCourt for the revocation of anorder made under subsection (1).

(5) An application madeby the Commissioner under sub-section (4) shall be brought to theattention of the resident and theresident shall have a right to beheard by the Court.

(6) Subsections (3) to (5)shall apply to an order under section 54(1)(d) of the ChildrenAct.

(7) The Commissionermay, in writing, authorise aSuperintendent to make an application under subsection (1)or (5), on his behalf.

(8) Any leave grantedunder this section for the purposeof work, shall be in accordancewith sections 105 and 106 of theChildren Act.

(9) A resident who—(a) absconds while

on leave; or(b) refuses to return

to the Rehabilita-tion Centre when


required to do soon the rescissionof his permission,

shall be dealt with in accordancewith section 83 of the ChildrenAct.

(10) The Commissioner isdeemed to be in loco parentis inrelation to a resident during anyperiod that the resident is onleave pursuant to this section.

(11) A resident shall bedeemed to be in the charge of theCommissioner of Prisons duringany period that the resident is onleave pursuant to this section.12B. (1) Where a person

(hereafter referred to as “the proposed host”), wishes to have aresident who is a child offender,spend leave with him for a statedpurpose, he shall apply in writingto the Commissioner requestingthat permission be granted for theresident to spend leave with him.

(2) A request submittedunder subsection (1) shall beaccompanied by a valid police certificate of character issued inrespect of the proposed host andshall include the following:

(a) the reason for the leave;(b) the intended period of

leave;(c) the name, age, address,

sex and marital status ofthe proposed host;

Order for aresident tospend leavewith host


(d) the occupation and placeof employment of the proposed host;

(e) the relationship, if any,between the proposedhost and the resident;

(f) the address of the placewhere it is intended thatthe resident spend hisleave;

(g) the name, age and sex ofeach person residing atthe place where it is intended that the resident spend his leave;

(h) the relationship of eachperson referred to inparagraph (g) to the proposed host;

(i) the name, age and sex ofeach person who is in avisiting relationship withthe proposed host; and

(j) any other informationthat the Commissionerconsiders necessary withrespect to the request orthe proposed host.(3) Where the Commis-

sioner receives a request made pursuant to subsection (1), heshall—

(a) notify the Authority ofthe request;

(b) refer the request to theChildren’s Probation


Officer assigned to the resident who shall—

(i) conduct aninve s t i g a t i onwith respect tothe suitability ofplacement withthe proposedhost and of the resident for suchplacement;

(ii) submit a writtenreport of hisi nve s t i g a t i onand his r e c ommenda -tions to theCommissioner,on the suitability ofsuch placementwith the proposed host;and

(iii) forward a copy of the reportreferred to insubparagraph (ii)to the Authority;and

(c) consult with theAuthority in relation tothe request and thereport referred to inparagraph (b)(ii).(4) In preparing the

report referred to in sub-section (3)(b)(ii), the Children’s


Probation Officer assigned to the resident shall take into consideration the voice of the resident who is the subject of therequest.

(5) The Commissionermay, after consideration of thereport of the Children’s ProbationOfficer, and after consultationwith the Authority, make anapplication under section 12A andnotify, in writing, the proposedhost.

(6) An application madepursuant to subsection (5) shallinclude the following:

(a) the reason for the leave;(b) the intended period of

leave;(c) the name, age, address,

sex and marital status ofthe proposed host;

(d) the occupation and placeof employment of the proposed host;

(e) the relationship, if any,between the proposedhost and the resident;

(f) the address of the placewhere it is intended thatthe resident spend hisleave;

(g) the name, age and sex ofeach person residing atthe place where it is intended that the resident spend his leave;


(h) the relationship of eachperson referred to inparagraph (g) in relationto the proposed host;

(i) the name, age and sex ofeach person who is in avisiting relationship withthe proposed host or anyother person in thehousehold;

(j) a copy of the reportreferred to in sub-section (4)(b) stating thesuitability of the place-ment and of the residentfor such placement; and

(k) any other informationthat the Court may thinknecessary.(7) The Court, in making

its determination pursuant tosection 12A shall take into consideration the voice of the resident who is the subject of theapplication.

(8) For the purposes ofthis section, “visiting relation-ship” means a non-cohabitational relationship which is otherwisesimilar to the relationshipbetween husband and wife.12C. (1) The time during

which a resident is on leave pursuant to section 12A, shall bedeemed to be part of the period ofhis placement at theRehabilitation Centre.


Period ofleave to bedeemedpart of timeof place-ment

(2) N o tw i t h s t a n d i n g subsection (1), where a residentfails without reasonable excuse toreturn to the RehabilitationCentre upon the rescission of hisleave, the time between the rescission of his permission andhis return to the RehabilitationCentre shall be excluded in computing the period of his placement at the RehabilitationCentre.12D. (1) Where the permission

to leave a Rehabilitation Centrefor a stated purpose granted to aresident has been rescinded andthe resident refuses or fails toreturn to the RehabilitationCentre, a Court, if satisfied bycomplaint on oath that there isreasonable ground for believingthat his parent, guardian, personwith responsibility for the resident or host could producehim, may issue a summons requiring the parent, guardian,person with responsibility for himor host to attend before it, on suchday as may be specified in thesummons, and to produce the resident.

(2) If a—(a) parent, guardian

or person withresponsibility fora resident; or

(b) host, fails to produce the resident in

Parent,guardian orpersonwithresponsibil-ity for thechild maybe summonedto producechild


accordance with the summonsreferred to in subsection (1), without reasonable cause, he is, inaddition to any other liability towhich he may be subject underthis Part, liable on summary conviction to a fine of five thousand dollars and imprison-ment not exceeding three years.”.

9. A reference in any written law to the “ChildRehabilitation Centre Act” shall be construed as the“Child Rehabilitation Centres Act”.

9A. In any written law, for the purposes of attachmentof earnings and maintenance orders, Collecting Officermeans—

(a) a person so appointed, designated orrequired to perform the functions of aCollecting Officer with regard to any actrequired by or for the Judiciary pursuant toany Rules of Court or any law; or

(b) any person who has been so appointed ordesignated under any written law.

10. The Children Act is amended—(a) in section 3—

(i) by inserting in the appropriatealphabetical sequence, the follow-ing definitions:

“ “appropriate adult” means aperson eighteen years ofage and over who is a—(a) social worker;(b) welfare officer

(probation);(c) Justice of the

Peace;

Consequentialamendments to anywritten law

Collecting Officer


Chap. 46:01 amended

(d) an Attorney-at-law for the child;

(e) any other respon-sible person withwhom the child iscomfortable; or

(f) in the case of aperson with a disability, thea p p r o p r i a t e professional,

but does not include—(g) an accomplice;(h) a person, not

being a parent,with previousc o n v i c t i o n s relating to a childor affecting thatchild within thelast ten years;

(i) a person, notbeing a parent onprobation;

(j) a member of thepolice service orany employee inthe police serviceother than—

(i) a familymember;

(ii) a personwho isw e l l -known tothe child;or


(iii) a personw i t hw h o mthe childis com-fortable;

(k) a person employedat a RehabilitationCentre otherthan—

(i) a familymember;

(ii) a personwho isw e l l -known tothe child;or

(iii) a personw i t hw h o mthe childis com-fortable;

“Commissioner” means theCommissioner of Prisonsdefined in section 2 of thePrisons Act;

“resident” has the meaningassigned to it under section 1A of the ChildRehabilitation CentresAct;”; and

(ii) in the definition of “Children’sAttorney” delete the word “attorney-at-law” and substitutethe word “Attorney-at-law”;


(b) in section 4, by inserting after subsection(7) the following new subsections:

“ (7A) Corporal punishment shall notbe used in relation to—

(a) a child in a Nursery,Children’s Home or FosterHome;

(b) a resident in a RehabilitationCentre; or

(c) a child in the custody, careand control of a fit person.

(7B) A person who contravenes sub-section (7A) commits an offence and isliable—

(a) on summary conviction to afine of five thousand dollarsand to imprisonment for sixmonths; or

(b) on conviction on indictment toa fine of fifty thousand dollarsand to imprisonment for tenyears.”;

(c) in section 40(5), by inserting the followingnew paragraph after paragraph (e):

“(ea) any person employed by theAuthority who is designated toinvestigate abuse of a child orany offence against a child;”; and

(d) by inserting after section 50 the followingnew Part:

“PART IXA

CHILD IN NEED OF SUPERVISION

50A. (1) Where a parent, guardianor person with responsibility for achild alleges that he is unable tocontrol the child, he may apply to


Inability ofparent,guardian orperson withresponsibilityfor the childto control achild

the Court for an order deemingthe child to be a child in need ofsupervision and the Court shall—

(a) refer the child to theChildren’s ProbationOfficer;

(b) notify the Authority;and

(c) request that theSolicitor Generalappoint a Children’sAttorney for the child.

(2) The Court shall requirea report from the Children’sProbation Officer.

(3) Upon receipt of thereport referred to in subsection (2)the Court may make the followingorders:

(a) order that the child bedeemed a child in needof supervision and referthe child to theAuthority who may recommend an appro-priate intervention;

(b) order that the child bedeemed a child in needof care and protectionand make an appro-priate order pursuant tosection 25 of theChildren’s AuthorityAct;

(c) make an order for thecare and placement of


the child and refer thechild to the Authority;

(d) order that the child bereferred for counsellingor any other rehabilita-tive intervention ortreatment;

(e) order that the parent,guardian or person withresponsibility for thechild be referred for counselling;

(f) order that any familymember, members ofthe child’s household orpersons connected to thechild be referred forcounselling; or

(g) make any other orderincluding an interimorder that the Courtdeems fit.

(4) Nothing in subsection (3)shall preclude the Court frommaking an interim order prior toreceiving the report referred to insubsection (2).

(5) In this section, “a childin need of supervision” means achild so deemed by the Court pursuant to subsection (3)(a).”;

(e) in section 51—(i) in the marginal note, by insertingafter the word “arrested”, thewords “and charged”; and


(ii) in subsection (1), by inserting afterthe word “warrant”, the words “andcharged”;

(f) by repealing section 51A and substitutingthe following section:

51A. Where a child is appre-hended under section 51, the officer in charge of the police station shall forthwith inform—

(a) the child’s parent,guardian or person withresponsibility for thechild; or

(b) the appropriate adultwhere any personreferred to in para-graph (a)—

(i) cannot be contacted; or

(ii) is unable toattend thepolice station;and

(c) the Legal Aid andAdvisory Authority in accordance with section 15B of the LegalAid and Advice Act.”;

(g) in section 51B(7), by deleting the words “Achild” and substituting the word “An”;

(h) in section 52—(i) by deleting all the words after thewords “cause him” and substitutingthe following words and subsection:

“to be placed—(a) in a Children’s

“Officer incharge toinform parent,etc., and LegalAid andAdvisoryAuthoritywhen child isapprehended


Home, where theperson appears tobe under ten yearsof age; or

(b) in a RehabilitationCentre, where theperson appears tobe ten years of ageand over,

until he can be brought beforea Court.

(2) A child placed in aCommunity Residence undersubsection (1) shall bedeemed to be in legal custody.”;

(i) in section 54(1)—(i) by deleting paragraph (a) and substituting the following paragraphs:

“(a) where the child is underthe age of ten years,remand the child to aChildren’s Home; or

(aa) where the child is tenyears of age and over,remand the child to aRehabilitation Centre;”;

(ii) in paragraph (b), by deleting thewords “; or” and substituting thewords “in accordance with the BailAct;”;

(iii) in paragraph (c), by deleting thefull stop and substituting the words“; or”; and


(iv) by inserting after paragraph (c),the following paragraph:

“(d) make an order permitting a child who isremanded in custody, toleave the place to whichhe is remanded for aneducational or vocationalpurpose, for such periodsand subject to such conditions as are specified in the Order.”;

(j) by inserting after section 54, the followingnew section:

54A. (1) Where a person whowas—

(a) charged as a child; and(b) remanded to a Child

Rehabilitation Centre,

has attained the age of eighteenyears whilst being remanded orplaced at a Child RehabilitationCentre, the Court may, on the person attaining the age of eighteen years—

(c) remand the person incustody at—

(i) a Rehabilita-tion Centre; or

(ii) a prison; or(d) grant the person bail on

such conditions as theCourt thinks fit.

(2) Where a personreferred to in subsection (1) is


“Power of theCourt wherechild chargedattains theage of eighteen years

remanded to a RehabilitationCentre or a prison, he shall behoused separately from the mainpopulation.”;

(k) in section 59—(i) in subsection (2), in paragraph (n),by deleting the word “and” the second time it occurs and substituting the word “or”; and

(ii) in subsection (4), by inserting afterparagraph (a) the following paragraph:

“(aa) where the child is at thetime of review pursuingeducational or vocationaltraining, order that hecontinue the period ofplacement at theRehabilitation Centresubject to—

(i) the annualreview of theCourt or anyshorter period asthe Court thinksfit; or

(ii) any other condition thatthe Court thinksfit.”;

(l) by repealing section 61; (m) by repealing sections 64 to 68 and

substituting the following new sections:68A. Where a person is willing

to receive and care for a child whohas been placed at a Children’sHome, he may apply to the


“Temporaryplacement ofchild from aChildren’sHome

manager of the Children’s Homefor permission for that child to be placed temporarily with him in accordance with section 26A of the Children’s CommunityResidences, Foster Care andNurseries Act.68B. Where the Commissioner

wishes to apply to the Court for anOrder permitting a resident toleave a Rehabilitation Centre for astated purpose, he may apply tothe Court in accordance with sections 12A, 12B and 12C of theChild Rehabilitation Centre Actand subject to sections 105 and106 of this Act.”;

(n) by repealing section 70 and substitutingthe following new section:

70. (1) The Court may order—(a) a child offender or

child charged to be transferred from oneRehabilitation Centre toanother;

(b) a child offender or child charged to be transferred from aRehabilitation Centre toa Children’s Home; or

(c) a child to be transferredfrom one Children’sHome to another.

(2) The Authority maymake an application to the Courtfor a child to be transferred fromone Children’s Home to another.

Chap. 46:04

Applicationfor leave from aRehabilitationCentre for astated purposeChap. 13:05


“Transferorders

(3) The Authority or theSuperintendent of a Rehabilita-tion Centre may make an application to the Court for a childoffender or child charged to betransferred from a RehabilitationCentre to a Children’s Home.”;

(o) by repealing sections 72 and 73;(p) in section 74—

(i) in subsection (1), delete the word“licence” and substitute the word“leave”; and

(ii) in subsection (2), delete all thewords after the words “age of” andsubstitute the words “eighteenyears”;

(q) by inserting after section 75 the followingnew section:

75A. Where a child has beenconvicted of murder and the Courtis of the opinion that no punishment which, under the provisions of this Act, it is authorised to impose is appropriate, the Court may sentence the offender to be placedat a Community Residence forsuch period as may be specified inthe sentence and on such conditions as the Court maydirect.”;

(r) in section 76, by repealing subsection (2);(s) in section 81, by inserting after sub-

section (2) the following new subsection:“ (2A) Where a person is a childat the time of the commission of acriminal offence, and his trial has


“Placementwhere childconvicted ofmurder

not yet begun in the ChildrenCourt when he attains the age ofeighteen years, the Court maytransfer the matter to the HighCourt or a Magistrate’s Court,accordingly, which Court shallcontinue proceedings using procedure applicable to children.”;

(t) by repealing section 82 and substitutingthe following section:

82. Where a child, child offender or child charged who hasbeen placed in a Children’s Homebreaches the rules of theChildren’s Home, he shall be dealtwith in accordance with the internal disciplinary procedures of the Children’s Home.”;

(u) in section 83—(i) by inserting the following marginalnote:

“Escaping from a CommunityResidence”;

(ii) in subsection (3)(f), by deleting theword “and” after the words “for thechild;” and substituting the word“or”; and

(iii) by repealing subsection (5) andsubstituting the following sub-section:

“ (5) For the purposes of thissection, “careplan” means a plan which addresses the rehabilitative, social,emotional and therapeuticpsychosocial needs of achild.”; and


“Breach ofrules at aChildren’sHome

(v) in section 88—(i) in subsection (5), by inserting afterthe words “Children’s Attorney” thewords “or the Senior Children’sAttorney”; and

(ii) by deleting the words “attorney-at-law” and “attorney” wherever theyoccur and substituting the word“Attorney-at-law”.

11. The Children’s Community Residences, FosterCare and Nurseries Act is amended—

(a) in section 2—(i) in the definition of “child offender”,by deleting the words “, 2016”;

(ii) in the definition of “Manager”, bydeleting the word “operates” andsubstituting the word “manages”;

(iii) in the definition of “residencelicence”, by deleting the words “;and” and substituting the words“and includes a conditional residence licence and temporaryresidence licence”;

(iv) by deleting the definition of “standards for CommunityResidences”;

(v) by deleting the definition of “com-munity residence” and substitutingthe following definition:

“Community Residence”means a Children’s Homeor a Rehabilitation Centre;and

(vi) by inserting in the appropriate


Chap; 46:04 amended

alphabetical sequence the followingdefinition:

“child charged” has the mean-ing assigned to it undersection 1A of the ChildRehabilitation CentresAct;

(b) by inserting after section 2, the followingsection:

2A. This Act binds the State.”;

(c) in section 3(1)—(i) by deleting the word “manage” andsubstituting the word “operate”;and

(ii) by deleting the words “communityresidence” and substituting thewords “Children’s Home”;

(ca) in section 3(2), by deleting the words “com-munity residence” wherever they occur andsubstituting the words “Children’s Home”.

(d) in section 4—(i) in the marginal note, by deletingthe words “community residences”and substituting the words“Children’s Homes”;

(ii) in subsection (1), by deleting thewords “community residences” andsubstituting the words “Children’sHomes”; and

(iii) in subsection (2), by inserting afterthe word “licence” the words “inaccordance with section 5”;

(e) in section 5—(i) in subsection (1), by deleting thewords “community residence” and


“Act binds theState

substituting the words “Children’sHome”;

(ii) in subsection (2), by inserting after the word “application”, the words “under subsection (1) or section 4(1),”;

(iii) by inserting after subsection (2),the following new subsection:

“ (2A) The Authority, onreceiving an applicationunder this section, shallcause all investigations tobe conducted to determinethe suitability of the applicant to be granted aresidence licence.”; and

(iv) in subsection (3), by deleting thewords “by the standards forCommunity Residences”;

(f) in section 8—(i) in subsection (1), by deleting thewords “community residence” andsubstituting the words “Children’sHome”;

(ii) in subsection (2)—(A) by deleting the words

“one year” and sub-stituting the words “twoyears”; and

(B) by deleting the word“annually”;

(iii) in subsection (2A), by deleting thewords “unless revoked by theAuthority”; and

(iv) by repealing subsection (3);


(g) in section 8A—(i) in the marginal note, by insertingafter the word “temporary” theword “residence”;

(ii) in subsection (1)—(A) by deleting the words

“three years” and substi-tuting the words “oneyear”; and

(B) by inserting after theword “temporary” theword “residence”;

(h) in section 8B—(i) in the marginal note, by deletingthe words “conditional licence” andsubstituting the words“Conditional residence licence”;

(ii) in subsection (1)—(A) by deleting the word

“Where” and substitutingthe words “Notwithstandingsection 8, where”; and

(B) by deleting the words“conditional licence” andsubstituting the words“ c o n d i t i o n a l residence licence”;

(iii) in subsection (2)—(A) by deleting the words

“conditional licence” andsubstituting the words“conditional residencelicence”; and

(B) by deleting the words“may also” and sub-stituting the word“shall”; and


(iv) by inserting after subsection (2),the following new subsection:

“ (3) A conditional residencelicence may be extended bythe Authority.”;

(i) by inserting after section 8B, the followingnew section:

8C. A licence issued under thisPart shall be displayed in a conspicuous place at theChildren’s Home.”;

(j) in section 11(3), by deleting the words“, being not less than six months after thedate of the notice;”;

(k) in section 11A—(i) in subsection (1), by inserting afterthe word “licence”, the words “beingnot less than”; and

(ii) by repealing subsection (2) andsubstituting the following new subsection:

“ (2) A notice under sub-section (1) shall state thegrounds on which theAuthority intends to revokethe licence.”;

(l) in sections 12 to 14, 17 and 25, by deletingthe words “community residence” whereverthey occur and substituting the words“Children’s Home”;

(m) in section 15(1)—(i) by deleting the words “communityresidence” and substituting thewords “Children’s Home”;

(ii) by deleting the words “detained or”;and


“Display oflicence

(iii) by deleting the words “communityresidences” and substituting thewords “suitable alternative placement including Children’sHomes and Foster Care havingregard to the needs of each child”;

(n) by inserting after section 17, the followingnew sections:

17A. (1) A child placed at aChildren’s Home shall not be subjected to—

(a) corporal punishment;(b) restraint or force as a

form of punishment;(c) the reduction or change

of diet as a form of punishment; or

(d) the restriction or denialof contact with family asa form of punishment.

(2) A person who contravenes subsection (1) commits an offence and is liable—

(a) on summary convictionto a fine five thousanddollars and imprison-ment for six months; or

(b) on indictment to a fineof fifty thousand dollarsand to imprisonment forten years.

(3) Where a person allegesthat a child in a Children’s Homehas been the subject of any form of the prohibited methods of


“Prohibitedforms of punishment

punishment referred to in subsection (1), the person shallreport the matter forthwith to theAuthority.

(4) Where upon investiga-tion the allegation referred to insubsection (3) is found to be true,the Authority may revoke thelicence of the Manager or licensee.

17B. (1) Any contraventionagainst this Act or its Regulationswith respect to CommunityResidences for which no penaltyhas been prescribed is punishableby a fine of ten thousand dollarsand in the case of a continuousoffence, to a fine of five hundreddollars for each day the offencecontinues.

(2) Section 63 of theInterpretation Act does not applyto this Act or its Regulations.”;

(o) in section 18, by deleting the word“Residences” wherever it occurs and substituting the words “Children’s Homes”;

(p) in section 19, by repealing subsection (2);(q) in section 21—

(i) in subsection (2), by deleting all thewords after the word “possesses”and substituting the words “suchqualifications, training or experience as may be prescribed”;and

(ii) inserting after subsection (2), thefollowing new subsection:

“ (3) Subsection (2) does not


Penalty forcontraventionof Act orRegulations

apply to RehabilitationCentres.”;

(r) in section 22—(i) by renumbering section 22 as section 22(1);

(ii) in section 22(1) as renumbered, inparagraph (b), by inserting beforethe words “maintain proper” thewords “in respect of a Children’sHome,”; and

(iii) by inserting after section 22(1) asrenumbered, the following newsubsections:

“ (2) The Manager shallkeep a written record of achild charged or child offender received into theChildren’s Home, and signedby the Manager.(3) A record purporting to

be signed by the Manager inaccordance with sub-section (1), shall be evidenceof the matters stated therein.”;

(s) in section 23—(i) by repealing subsection (1);(ii) in subsection (2)—

(A) by deleting the words“community residence”and substituting thewords “Children’s Home”;

(B) by deleting the word“Rules” and substitutingthe word “rules”; and


(C) by deleting the words “insuch residence” and substituting the word“therein”;

(t) in section 24, by deleting the words“community residence” wherever theyoccur and substituting the words“Children’s Home”;

(ta) in section 25—(i) in the marginal note, by deletingthe words “community residences”and substituting the words“Children’s Homes”; and

(ii) by de le t ing the words“community residence” whereverthey occur and substituting thewords “Children’s Home”;

(u) by repealing section 26 and substitutingthe following sections:

26. (1) Where a Managerreceives a child into a Children’sHome in respect of whom no CareOrder has been made, theManager shall, within twenty-four hours of receiving the child,inform the Authority.

(2) The Authority, uponreceipt of such informationreferred to in subsection (1), shallrecord the reception and deal withthe child in accordance with section 22 of the Children’sAuthority Act.

26A. (1) Where a person is willing to receive and care for achild who has been placed at a


“Reception ofchild where noCare Ordermade

Temporaryplacement ofchild from aChildren’sHome

Children’s Home, he may apply tothe Manager of the Children’sHome for permission for that childto be placed temporarily with theapplicant.

(2) Where an applicationhas been made under sub-section (1), the Manager of theChildren’s Home shall notify theAuthority of such application andshall supply to the Authority—

(a) a police certificate ofgood character of theapplicant; and

(b) the following particulars:(i) the reason forthe request forsuch place-ment;

(ii) the name, age,address, sexand maritalstatus of theapplicant;

(iii) the occupationand place ofemployment ofthe applicant;

(iv) the marital status of theapplicant;

(v) the relation-ship, if any,between theapplicant andthe child;

(vi) the address ofthe place where


it is intendedthat the child beplaced tempo-rarily;

(vii) the name, ageand sex of eachperson residingat the placewhere it isintended thatthe child beplaced tempo-rarily;

(viii) the relationshipof each personreferred to inparagraph (vii)to the applicant;

(ix) the period ofintended place-ment;

(x) the suitabilityof the child for such place-ment; and

(xi) any other i n f o rm a t i o nrequested bythe Authority.

(3) Upon investigation bythe Authority as to the suitabilityof such placement, the Authoritymay—

(a) authorise the Managerto permit the child to betemporarily placed with


the applicant providedthat any order of theCourt relating to thecare of the child provides that the childmay be temporarilyplaced with any suchapplicant on theapproval of theAuthority; or

(b) where there has been noorder of the Court, afterthe Authority has in-vestigated the applicant,seek an order of theCourt to grant permis-sion for the child to betemporarily placed withthe applicant.

(4) Where the Managerforms the view that the permission referred to in subsection (3) should be rescinded, he shall notify theAuthority immediately who shallinvestigate the matter.

(5) Where a child runsaway from the person with whomhe has been temporarily placedpursuant to subsection (3), theAuthority shall apply to the Courtfor a Recovery Order and the childshall be brought to the Authoritywhich shall investigate the circumstances of the case.

(6) The applicant shallreport any critical incidents to theManager or the Authority withrespect to the child.


(7) The Manager shallimmediately report any significant events with respect to the child who has been temporarily placed pursuant tosubsection (3) to the Authority.26B. (1) The time during which

a child offender is absent from aChildren’s Home in pursuance ofpermission under section 26Ashall be deemed to be part of thetime of his placement in theChildren’s Home.

(2) N o t w i t h s t a n d i n g subsection (1), where a childoffender has failed to return to theChildren’s Home on the permission being rescinded undersection 26A(4), the time whichelapses after his failure so toreturn shall be excluded in computing the time during whichhe is to be placed in the Children’sHome.26C. (1) Where an authorisa-

tion under section 26A(4) isrescinded and the child refuses orfails to return to the Children’sHome, a Court, if satisfied by complaint on oath, that there arereasonable grounds for believingthat the parent, guardian or person with responsibility for thechild or the person with whom thechild has been temporarily placed,could produce him, may issue asummons requiring the parent,guardian or person with responsi-


Period ofleave to bedeemed partof time ofplacement

Parent maybe summonedto producechild

bility for the child or the personwith whom the child has beentemporarily placed, for him toattend before it on such day asmay be specified in the summons,and to produce the child.

(2) If a parent, guardian orperson with responsibility for thechild or the person with whom thechild has been temporarily placedfails to produce the child in accordance with the summonsreferred to in subsection (1) without reasonable cause, he is, inaddition to any other liability towhich he may be subject underthis Part, liable on summary conviction to a fine of five thousand dollars and imprison-ment for three years.”;

(w) in section 27—(i) in subsection (1), by deleting theword “The” and substituting thewords, “Subject to subsection (2A),the”;

(ii) by repealing subsection (2) andsubstituting the following sub-sections:

“ (2) Where the officerreferred to in subsection (1),is refused admission to anyCommunity Residence or hasreasonable cause to believethat children are beingreceived, kept or treated in aCommunity Residence in contravention of this Act orany other written law, he may


on warrant issued by theCourt, enter the CommunityResidence.

(2A) An officer referred toin subsection (1) may at anytime enter any CommunityResidence owned or occupiedby the State without a warrant.

(2B) Where an officerfrom the Authority enters aCommunity Residence underthis section, he may—

(a) take pictures andrequire the production of, orexamine and makea copy of any register, book,record, or other documents, how-ever stored, electronically orotherwise, kept forthe purpose of, orrequired to be keptby this Act;

(b) require any infor-mation contained ina computer and accessible from thatplace to be produced in a formin which it is visibleand legible; and

(c) interview any person with respectto the observance of


the provisions ofthis Act.”; and

(iii) in subsection (3), by inserting afterthe word “dollars” the words “andto imprisonment for six months”;

(x) by repealing section 27A; (y) in section 41—

(i) by deleting the words “, 2012”wherever they occur; and

(ii) by inserting the following marginalnote for paragraph (b): “Chap. 46:01”;

(z) in section 52(3), by deleting the words “thisAct” and substituting the words “this section”;

(aa) in section 53(1)—(i) in the chapeau, by deleting theword “shall” and substituting thewords “may,”;

(ii) by deleting paragraph (a) and substituting the following paragraphs:

“(a) the welfare of childrenin any RehabilitationCentre;

(aa) the management of anyChildren’s Home andthe discipline and welfare of the childrentherein;”; and

(iii) in paragraph (e), by deleting thewords “community residences” andsubstituting the words “Children’sHomes”; and

(ab) by deleting the words “communityresidence”, “community residences” and


“rehabilitation centre” wherever they occurand substituting the words “CommunityResidence”, “Community Residences” and“Rehabilitation Centre”, respectively.”.

12. The Family Law (Guardianship of Minors,Domicile and Maintenance) Act is amended—

(a) in section 2, by inserting in the appropriatealphabetical sequence, the following definitions:

“Custodial Trust Bank Account”means an account which is apublic account for the purpos-es of section 116 of theConstitution and is held underthe name of the Judiciary ofTrinidad and Tobago at aFinancial Intermediary inTrinidad and Tobago for thepurpose of receiving and payingout moneys pursuant to a main-tenance order;

“Financial Intermediary” means afinancial institution as definedby section 2 of the FinancialInstitutions Act or such otherinstitution that may beapproved by the Treasury;

“Magistracy Registrar and Clerk ofthe Court” means a personholding the office of MagistracyRegistrar and Clerk of theCourt listed in the SecondSchedule of the Judicial andLegal Service Act;

“post office” has the meaningassigned to it under section 3 ofthe Trinidad and Tobago PostalCorporation Act;


Chap. 46:08 amended

“Registrar” has the meaningassigned to it under section 2 ofthe Supreme Court ofJudicature Act;

“Trinidad and Tobago PostalCorporation” has the meaningassigned to it under section 3 ofthe Trinidad and Tobago PostalCorporation Act;”;

(b) in section 26—(i) in subsection (4), by insertingafter the words “subsection (3)”the words “the MagistracyRegistrar and Clerk of the Courtshall be Collecting Officersfor the purposes of this Act,however,”;

(ia) by inserting after subsection (4)the following new subsection:

“ (4A) Notwi ths tand ingsubsections (3) and (4), forthe purposes of mainte-nance orders, the CollectingOfficer shall be in the caseof an order made by theHigh Court, the Registrarof the Supreme Court.”; and

(ib) in subsection (9), by insertingafter the word “therefrom” thewords “except as authorised byCourt order, Rules of Court orany other written law;

(ii) by repealing subsection (10) andsubstituting the following newsubsection:“ (10) The Collecting Officershall pay the amount stated


in the maintenance orderdirectly to the applicant orany other person named inthe order where the applicantor the person is resident inthe town in which the officeof the Collecting Officer islocated.”.

(iii) by inserting after subsection (11)the following new subsections:

“(11A) Notwithstandingsubsections (10) and (10A),payments may also be—

(a) received into theCustodial TrustBank Account,electronically; and ;

(b) paid out to theapplicant electroni-cally—

(i) in the case ofpayments outof theC u s t o d i a lTrust BankAccount, bytransferringthe pay-ments intoan account ata FinancialIntermediaryoron to a pre-paid debitcard issuedby a personl i c e n s e dunder the


F i n a n c i a lInstitutionsAct whichp r e - p a i ddebit cardthe appli-cant has reg-istered withthe CourtE x e c u t i v eAdministrator for thatpurpose; or

(ii)by directingthe bankwhere theC u s t o d i a lTrust BankAccount hasbeen opened,to pay themoneys tothe appli-cant on pro-duction ofident i f i ca -tion and toprovide theC o u r tE x e c u t i v eAdministratorwith proof ofp a y m e n tout.

(11B) Electronic recordsof payment out to the appli-cant shall suffice as proof ofpayments out.


(11C) A requirement underany written law for moneys tobe paid to—

(a) the Court;(b) the Judiciary;(c) a Magistrate;(d) the Registrar and

Marshal;(e) the Court Executive

Administrator; (f) a Marshal; (g) a Deputy Marshal ;(h) a Second Deputy

Marshal;(i) a Marshal Assistant;(j) a bailiff;(k) a Magistracy Registrar

and Clerk of theCourt;

(l) Collecting Officer;or

(m) Collector of Revenue,is satisfied by those moneysbeing paid into a CustodialBank Account held for thatpurpose.

(iv) by inserting after sub-section (13), the following newsubsections:“ (14) The Court may orderthat payments be receivedinto and paid out ofthe Custodial Trust BankAccount electronically.


(15) All records of maintenance orders, deposits,payments in, payments out,receipts, failures to pay andany other records associatedwith maintenance may be created, stored, main-tained and communicated electronically.”; and

(c) in section 51(1)—(i) in the marginal note, by deletingthe words “Minister’s power tomake”;

(ii) by deleting the word “Minister”and substituting the words“Rules Committee”;

(iii) by inserting after the word“forms” the words “and fees”; and

(iv) by inserting after section 51(1),the following new subsection:

“ 1A. Rules made undersubsection (1) shall be subjectto negative resolution ofParliament.”.

13. The Children’s Authority Act is amended—(a) in section 3—

(i) by inserting in the appropriatealphabetical sequence, thefollowing definitions:

“ “child offender” has themeaning assigned to it under section 1A of the ChildRehabilitation CentreAct;

“residence licence” has themeaning assigned to it


Chap. 46:10 amended

under section 2 of theC h i l d r e n ’ sC o m m u n i t yResidences, FosterCare and NurseriesAct;”; and

(ii) in the definition of “fit person”,by inserting after the word“child” the second time it occurs,the words “but does not include aChildren’s Home”;

(b) in section 5(1)(ga), by deleting all the wordsafter the word “revoke” and substitutingthe words “temporary residence licencesand conditional residence licences ofChildren’s Homes and Nurseries as provided under the Children’s CommunityResidences, Foster Care and NurseriesAct”;

(c) in section 7—(i) by repealing subsections (2) and(2A) and substituting the following new subsections:“ (2) The Board shall comprise a minimum of ninemembers but not more thanfifteen persons appointed bythe President.

(2A) Four members of theBoard shall be—

(a) a person under theage of thirty yearsrepresenting theyouth who possessesone of the qualifi-cations listed insection (2B)(a) to (h),appointed by thePresident;


(b) a person nominatedby the TobagoHouse ofAssembly withqualifications in orrelated to childd e v e l o p m e n t ,appointed by thePresident;

(c) a representative of a Non-G o v e r n m e n t a lOrganisation whichpromotes the wel-fare and protectionof children; and

(d) the Director of the Authorityappointed undersection 10, whoshall be an ex officiomember of theBoard.

(2B) The other membersof the Board shall be selectedfrom among persons with thefollowing qualifications andskills:

(a) child psychology;(b) social work;(c) paediatrics;(d) education;(e) accounting;(f) family law;(g) management or

administration; or(h) psychiatry.”; and


(ii) in section 7A—(A) in subsection (2), by

deleting paragraphs (b)and (c) and sub-stituting the followingparagraphs:

“(b) family law;(c) child psycholo-

gy; and”; and(B) in subsection (2A), by

deleting paragraph (b);(ca) in section 22(1A), by deleting paragraph (e)

and substituting the following paragraph:“ (e) is a child in need ofsupervision in accordance withsection 50A of the Children Act;”;

(d) in section 25G—(i) by renumbering section 25G assection 25G(1); and

(ii) by inserting after section 25G(1)as renumbered, the followingsubsection:“ (2) Notwithstanding sub-section (1), a Fit Person Orderwhich was granted for thepurpose of placement, priorto the coming into force ofthe Children’s CommunityResidences (Children’sHomes) Regulations, 2018,shall be construed as a CareOrder in accordance with section 25C.”;

(e) in section 27, by deleting the words“Attorney General” and substituting thewords “Solicitor General”;

(f) in section 28, by deleting all the words after


the words “liable on” and substitutingthe words “summary conviction to afine of fifty thousand dollars and toimprisonment for five years.”; and

(g) in section 41—(i) in the marginal note, by deletingthe word “young” and substituting the word “child”;and

(ii) by deleting the word “youthful”wherever it occurs and substituting the word “child”.

14. Family and Children Division Act is amended—(a) in section 3—

(i) by inserting in the appropriatealphabetical sequence the follow-ing definitions:“anonymised” includes:

(a) the removal ofsensitive datawhile preservingits format anddata type;

(b) the process bywhich originaldata containingidentifiers isreplaced withconsistent place-holders while pre-serving their for-mat and datatype; and

(c) the process of sep-arating disclos-able data from


Act No. 6 of 2016amended

non-disclosabledata by theblocking of words,sentences orp a r a g r a p h sbefore releasing adocument inresponse to arecords accessrequest;

“consistent placeholders”means the same replace-ment words whenever theoriginal identifiers are tobe replaced.”; and

(ii) in the definition of “childrenmatter”, by deleting paragraph(f) and substituting the followingparagraphs:

“(f) matter, in relation to a child,where—

(i) there is an applicationfor a Protection Orderunder the DomesticViolence Act;

(ii) there is the enforce-ment of a ProtectionOrder under theDomestic Violence Act;or

(iii) the child is a victim oran affected bystander;

(fa) matter concerning wardship;and”;

(b) in section 16, by inserting after the words“office for” the words “up to”;


(ba) in section 20—(i) in subsection (2), by deleting thewords “a judgment and ruling ofthe Family Court shall” and sub-stituting the words “the proceed-ings, judgment or order of theFamily Court may”;

(ii) by repealing subsection (4), andsubstituting the following newsubsection:

“(4) The Family Courtmay, in any proceedingsbefore it, order that copies ofany proceedings, judgment orruling be anonymised by theFamily Court RecordsManagement, Court and LawReporting Subunit beforethey are published.”; and

(iii) in subsection (5), by deleting thewords “involving a child” andsubstituting the words “beforethe Court”;

(c) by inserting after section 27, the followingsection:

27A. Notwithstanding section 27,a Magistrate may receivecomplaints.”;

(d) by repealing section 34 and substitutingthe following new section:

34. (1) In any proceeding, theChildren Court may, at its owninstance or on the application of aparty, restrict the publication ofthe names of the parties or of anyproceedings before the ChildrenCourt.


“Magistrates may receivecomplaints

“Restrictionson publicationof proceedings

(2) Any publication of theproceedings, judgment or order ofthe Children Court may be done insuch a manner that the parties toa children matter, or the childrento whom the matter may relatecannot be identified.

(3) The Children Courtmay, in proceedings before it,order that the proceedings—

(a) be held in camera;and

(b) not be published.(4) The Children Court

may, in any proceedings beforeit, order that copies of any pro-ceedings, judgment or ruling beanonymised by the ChildrenCourt Records Management,Court and Law Reporting Subunitbefore they are published.

(5) The Children Court, aChildren Court Judge or ChildrenCourt Master may seal the copiesof the transcript of any proceedings before the Court andany documents relevant to suchproceedings.

(6) Where the ChildrenCourt or a Children Court Judgeor Children Court Master sealsthe copies of the transcript of any proceedings and relevant documents, pursuant to sub-section (5) or any other writtenlaw, they shall remain sealeduntil a further order is made.”;


(f) in section 59, by deleting the words“11(b)(ii), 27(b)(ii)” and substituting thewords “11(d) and 27(d)”; and

(g) in Schedule 5, by deleting item 8(a)(i) andsubstituting the following item:

“(i) by deleting the definition of“Industrial Institution”.

Passed in the House of Representatives this 6th dayof June, 2018.

J. SAMPSON-MEIGUELClerk of the House

Passed in the Senate this 21st day of September,2018.

B. CAESARClerk of the Senate (Ag.)

Senate amendments were agreed to by the House ofRepresentatives this 26th day of September, 2018.

J. SAMPSON-MEIGUELClerk of the House


PRINTED BY THE GOVERNMENT PRINTER, CARONIREPUBLIC OF TRINIDAD AND TOBAGO—2018

REPUBLIC OF TRINIDAD AND TOBAGO Act No. 15 of 2018Acid) Act, Chap. 5:34, the Legal Aid and Advice Act, Chap. 7:07, the Child Rehabilitation Centre Act, Chap. 13:05, the Children Act,

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