‘Let’s protect rights of orphans, foster children’
This is the concluding part of the article that educates the public on the Children’s Act (Act 560), as well as on laid-down procedures for the establishment of orphanages. The first part of the article, compiled by Child Rights International, a non-governmental organisation, concerned about children’s rights, was carried on February 17, 2015.
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Before the Minister of Gender, Children and Social Protection would issue the licence for the establishment of an orphanage, the minister would cause the home to be inspected. The objective for the inspection before the issuance of the licence is to verify the suitability of the premises as an approved residential home, to assess the capability of the management and also to determine if the policy of the home accords to the Act.
The minister under section 113 of the Act, may by Legislative Instrument, make regulations for homes. The Legislative Instrument that regulates the homes and gives the requirement for their establishment is the Child’s Right Regulations, 2002 (L.I. 1705). Under regulation 47 of the L.I. 1705, the required house for a home must be the ground floor of a building unless otherwise approved by the Department of Social Welfare and where the home is not located on the ground floor of the building, the home must have grills on the windows.
Secondly, the location of the home shall be away from public toilets, rubbish dumps, main roads and anything which may pose health or safety hazards to the occupants.
Thirdly, the home must have no swing door installed and the floor of the home shall not be bare concrete and shall be level washable damp proof with a non-slip surface.
Installation of safety gates
All drains in the home must be covered and where there are staircases in the home, safety gates shall be installed at both ends of the staircase.
Electronic sockets in a home shall be raised to a level which is out of a child’s reach or shall be rendered harmless or ineffective to children.
Regulation 48 of the L.I. 1705 also gives the special requirement for a dormitory which should give a minimum floor area of 9m2 for every three (3) children from birth to six months,13m2 for every six (6) children from six months to three and half years and 20.5m for children aged three years to eighteen years.
After all these requirement have been met, the licence is issued for the operation of the home under regulation 45 of the L.I.1705 and the licence is normally issued by the minister.
Inspection
Regulation 45 (2) of the L.I. 1705 implies that after the licence has been issued to a home, the approved home shall be inspected quarterly by the Department of Social Welfare accompanied by a public health nurse. The objective of the inspection after the issuance of the licence is to determine the public health standards of the approved residential home. Where the public health standards are not met, the licence for the home shall be cancelled.
The books of accounts and also other records must be available for inspection by the Department of Social Welfare. Where after inspection shortcomings are detected, the home shall be given time to remedy those shortcomings or the situation.
Anyone who obstructs or hinders any person conducting an inspection commits an offence and is liable on summary conviction to a fine not exceeding GH¢500 or to a term of imprisonment not exceeding one year or to both and in the case of a continuing offence, to a further fine not exceeding GH¢10 for each day on which the offence continues.
Monitoring of Homes
Under section 106 of the Children’s Act, the Department of Social Welfare of a District Assembly shall monitor homes within its district.
Under the Children’s Act, the law states clearly under section 109 that a child is admitted to a home where the child was recommended by a social welfare officer or a probation officer.
The social welfare officer or the probation officer will examine the home and if he/she finds it a most suitable place for the child, will recommend it as a home for the child. Secondly, where the child is an orphan and family care, as well as fosterage are not available, such a child would be admitted to a home. Also, where there is a pending determination of a family tribunal, a child can be admitted to a home till the final issues are settled.
Children from other homes may be admitted to new homes where the homes failed to maintain the required standards and this could result in the withdrawal of the licence by the minister. When such situations happen, the child is admitted to a new home.
Closure of a home
Under regulations 62 of the L.I.1705 the residential home can be closed or will have its licence withdrawn or cancelled upon three months of notice issued in consultation with the Department of Social Welfare.
First of all, where the public health standards fall below the expectation of the Department of Social Welfare, secondly, where the structural, spatial and sleeping arrangement are unsatisfactory and also, where the staff ratio does not meet the regulations and the health needs of the children in the home. The residential home can be closed down if it is considered not offering services that are in the best interest of the child.
In conclusion, it appears that the state needs to do more to elevate our homes to a level that will honour the dignity and respect of our children. Beyond the supervision of the home by the Department of Social Welfare, the government must show the political will to resource the department to deliver on its mandate and the enormous responsibilities we have accorded them.
The worse of it all is that the punishment ascribed by the law for operating unauthorised home is nothing but avenue for continuous disrespect for the right of the child if only you can pay. The essence of establishing a home is to serve the very best interest of children.
The law provides that any person who operates a home without a licence issued by the minister or continues to operate a home without a licence is liable on summary conviction to a fine not exceeding GH¢ 500.00 or to a term of imprisonment not exceeding one year or to both and in the case of a continuing offence to a further fine not exceeding ¢10.00 for each day on which the offence continues.
Duties of the social welfare or probation officer in a home
It shall be the responsibility of the staff of a home, the probation and social welfare officer and any other person to assist a child resident in the home to be reunited with its parents, guardian or relatives.
After a child has been returned to his family home from a home, the probation and social welfare officer shall keep in regular contact with the child and his family to ensure that the best interest of the child is sustained.
Under section 110 of the Act, the social welfare officer shall assume parental responsibility for the child and ensure that the rights of the child under the Children’s Act are protected.
However, the parents, guardian or relatives of a child in a home shall supplement the efforts of the home to safeguard and promote the welfare of the child by visiting the child and otherwise protecting the interest of the child. It should be noted; the parental responsibility of a child in a home shall include an application to a Family Tribunal to protect the best interest of the child where necessary.