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Section 21: Regulations

Child Protection Act

consolidated text (as at 2009). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

21. Regulations (1) The Minister may make such regulations as he thinks fit for the purposes of this Act. (2) Regulations made under subsection (1) may provide for the registration and control of foster homes, convents, charitable institutions, institutions for children and such other institutions for the welfare and protection of children as the Minister may deem fit, including institutions providing for the physical, psychological and social recovery of victims of harm or trafficking. (3) The Minister may, by regulations, amend the Schedule. [S. 21 amended by Act 15 of 1998; s. 5 of Act 34 of 2005.] (4) The Minister may make such regulations as he thinks fit for the proper implementation of the Scheme. [S. 21 amended by Act 15 of 1998; s. 5 of Act 34 of 2005; s. 7 of Act 40 of 2008 w.e.f. 20 December 2008.] 22. – 23. — FIRST SCHEDULE [Section 2] CODE OF ETHICS A child mentor who has been assigned a child pursuant to a mentoring order shall— (a) be a caring and responsible adult in the life of the child and shall ensure the safety of the child in relation to any outdoor activity which may be proposed under paragraph (h); (b) build a trusting relationship with the child in order to identify the reasons for the child’s problems, help the child develop an understanding of them and guide the child as to how to tackle those problems; (c) work towards improving the child’s self-esteem and self-confidence; (d) encourage the child to develop his skills and to participate in community-based after-school programmes and activities; (e) work towards improving the child’s peer and parental relationships; [Issue 2] C13 – 18 Revised Laws of Mauritius (f) provide all necessary guidance, advice and support to the child, with a view to bringing improvement in the child’s behaviour and development; (g) comply with any recommendations or instructions which the Permanent Secretary may give to him, for the welfare of the child; (h) submit at least 5 days in advance to the Permanent Secretary, the list of activities for the month, which he proposes to undertake for the purposes of the mentoring, and such further information as the Permanent Secretary may require in relation to the mentoring; (i) regularly liaise with the parents of the child in relation to the progress and evolution of the child; (j) at all material times, take into account the opinion of the child and act in his best interest. [First Sch. inserted by s. 8 (a) of Act 40 of 2008 w.e.f. 20 December 2008.] SECOND SCHEDULE CHILD PROTECTION ACT [Section 4] FORM A INFORMATION ON OATH In the district of .............................................................................................. Mr/Mrs ........................................................................................................... (Permanent Secretary of the Ministry of Women’s Rights, Child Development and Family Welfare or any public officer designated by him/her) MAKES OATH and says that— WHEREAS I have reasonable cause to believe that the child/children ...................... ...................................................................................................................... (name or description to be as precise as possible) believed to be found at .................................................................................... (address to be as clear as possible) is/are suffering or is/are likely to suffer significant harm inasmuch as I have information that ................................... ieve that the child/children ...................... ...................................................................................................................... (name or description to be as precise as possible) believed to be found at .................................................................................... (address to be as clear as possible) is/are suffering or is/are likely to suffer significant harm inasmuch as I have information that ......................................................................................................... ...................................................................................................................... ...................................................................................................................... I THEREFORE apply for an EMERGENCY PROTECTION ORDER under section 4 of the Child Protection Act. Sworn before me .................................................. District Magistrate This ................................... 20........ C13 – 19 [Issue 2] Child Protection Act SECOND SCHEDULE—continued CHILD PROTECTION ACT [Section 4] FORM B EMERGENCY PROTECTION ORDER In the district of .............................................................................................. To Mr/Mrs ...................................................................................................... (Permanent Secretary of the Ministry responsible for the subject of child development or a public officer designated by him/her) WHEREAS I am satisfied by information made ON OATH that— Mr/Mrs ........................................................................................................... has reasonable cause to believe that the child/children ......................................... ...................................................................................................................... (name or description to be as precise as possible) is/are suffering from or is/are likely to suffer significant harm and it is URGENT that this order be issued, I THEREFORE confer upon you.............................................. ................................................................................................. AUTHORITY— (a) to summon any person with or without the child to give evidence for the purpose of verifying whether the child is suffering or likely to suffer significant harm; (b) to enter the abovementioned premises, if necessary by force, and search for the child, provided that the order or copy thereof shall be produced to the occupier of the premises upon request; (c) to remove or return the child to a place of safety or to prevent the child’s removal from any place of safety; (d) where necessary for the welfare of the child, to cause him to be submitted to medical examination or to urgent treatment; (e) to request police or medical assistance for the exercise of any power under the order. This order is VALID during 8 days and shall expire on ........................... 20......... Given under my hand at ................................................................................ in the district of .................................................................................................. Issued on .................................... 20.......... at ..................................... hours. This order is extended for a further period of 8 days and shall expire on .................. 20..................... all expire on ........................... 20......... Given under my hand at ................................................................................ in the district of .................................................................................................. Issued on .................................... 20.......... at ..................................... hours. This order is extended for a further period of 8 days and shall expire on .................. 20........................ .......................................................... District Magistrate Date ............................. [Second Sch., previously Sch., renumbered by s. 8 (b) of Act No. 40 of 2008 w.e.f. 20 December 2008.] [Issue 2] C13 – 20

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