Section 3D: Mentoring order

3D. Mentoring order (1) Where the Permanent Secretary reasonably believes that— (a) a child may require assistance under the Scheme; (b) a child cannot adequately be dealt with under the Juvenile Offenders Act; (c) the parents of a child are refusing to take or cannot take any measures to provide the child with the assistance and support that he needs; (d) it is in the best interest of a child to be placed under the Scheme; and (e) there is no alternative means of providing assistance and support to a child, he may, with or without the consent of the parents, apply to the District Magistrate, in such form as may be prescribed, for a mentoring order in order to have the child placed under the Scheme. (2) Subsection (1) shall be without prejudice to the powers of the Permanent Secretary under section 4. (3) Every application for a mentoring order shall, as far as possible, be accompanied by— (a) a report from the Permanent Secretary which shall specify the reasons why the child should be placed under the Scheme, the name of the child mentor who shall follow the child and the reasons why the child mentor has been chosen; (b) a psychological report; and (c) such other information or document as may be relevant for the purpose of determining the application. (4) Upon receipt of an application for a mentoring order, the District Magistrate shall cause a notice of the application to be served on the parents of the child, requiring them to appear before him on such day and time as may be specified in the notice, and in any case not later than 14 days from the date of the application, to show cause why the order applied for should not be made. (5) (a) The District Magistrate may, for the purpose of determining an application for a mentoring order, summon and— (i) examine any parent of the child; (ii) examine the child mentor identified in order to ascertain his suitability as a child mentor in the particular case; (iii) examine such other person as he may consider appropriate and request such other information or report as he considers necessary; [Issue 2] C13 – 6 Revised Laws of Mauritius (iv) request such other information or report as he may consider appropriate. (b) Any person who, in connection with any examination or request under paragraph (a)— (i) refuses to furnish any information or document to the District Magistrate; (ii) refuses to answer to the best of his knowledge any question put to him by the District Magistrate; or (iii) knowingly gives to the District Magistrate false or misleading information or evidence, shall commit an offence. (6) (a) In determining an application for a mentoring order, the District Magistrate shall have regard to the following— (i) whether it is imperative that the child should be placed under the Scheme; (ii) whether there is any alternative means of providing assistance and support to the child; (iii) any undertaking given and measures taken by the parents to provide the child with the required assistance and support without him having to be placed under the Scheme, including the financial means of the parents to provide the child with assistance and support with the help of professionals; (iv) any hardship that may be caused to the parents of the child as a result of the mentoring order; and (v) any other matter which the Court may consider relevant. (b) The District Magistrate shall— (i) before issuing a mentoring order, consult the child; (ii) issue a mentoring order only when it is in the best inte pport without him having to be placed under the Scheme, including the financial means of the parents to provide the child with assistance and support with the help of professionals; (iv) any hardship that may be caused to the parents of the child as a result of the mentoring order; and (v) any other matter which the Court may consider relevant. (b) The District Magistrate shall— (i) before issuing a mentoring order, consult the child; (ii) issue a mentoring order only when it is in the best interest of the child to do so. (7) (a) Where the District Magistrate is satisfied that the child should be placed under the Scheme, he shall issue a mentoring order which shall be in such form as may be prescribed. (b) Every mentoring order shall— (i) specify the name of the child mentor; (ii) specify the time and place where the mentoring exercise shall take place; (iii) where appropriate, make provision for such other orders and give such directions as it may consider appropriate to the Permanent Secretary, the child mentor and the parents of the child. C13 – 7 [Issue 2] Child Protection Act (c) The District Magistrate may, for the purposes of paragraph (b) (ii), take the following factors into consideration— (i) the nature and gravity of the child’s problem; (ii) the infrastructural facilities near the child’s residence; (iii) the availability and preference of the parents; and (iv) such other matters as he may consider relevant. (d) A mentoring order shall remain in force for such period, not exceeding 12 months, as the District Magistrate may specify. (e) A District Magistrate may extend the mentoring order for such period of time, not exceeding 12 months, as he considers necessary. (8) (a) The Permanent Secretary or a parent may, at any time during which a mentoring order is in force, apply to the District Magistrate for a variation or discharge of the mentoring order, including the substitution of a child mentor by another child mentor. (b) The District Magistrate may vary or discharge a mentoring order, or substitute a child mentor by another child mentor, where he is satisfied that it is in the best interest of the child to do so. (9) (a) Notwithstanding any other enactment, a mentoring order shall, while it is in force, confer on the Permanent Secretary the power to— (i) 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 harm; (ii) enter, and where necessary by force and with the assistance of the police, any premises specified in the mentoring order, and search for the child, subject to a warrant being issued by a District Magistrate; (iii) cause the child to undergo such medical examination or treatment as may be necessary for his welfare; (iv) request police or medical assistance for the exercise of any power under the mentoring order; (v) prevent a child mentor from continuing to mentor a child where he has reason to believe that the child mentor is not discharging his duties under this Act or is acting in breach of the Code of Ethics; and (vi) carry out investigations into complaints against a child mentor or any activities of a child mentor. (b) The Commissioner of Police shall provide such assistance as may be necessary to the Permanent Secretary for the effective exercise of his powers under a mentoring order. (c) The owner, occupier or person in charge of any premises which the Permanent Secretary or any person lawfully assisting him enters ischarging his duties under this Act or is acting in breach of the Code of Ethics; and (vi) carry out investigations into complaints against a child mentor or any activities of a child mentor. (b) The Commissioner of Police shall provide such assistance as may be necessary to the Permanent Secretary for the effective exercise of his powers under a mentoring order. (c) The owner, occupier or person in charge of any premises which the Permanent Secretary or any person lawfully assisting him enters under a mentoring order, shall provide the Permanent Secretary or the person [Issue 2] C13 – 8 Revised Laws of Mauritius lawfully assisting him with all reasonable facilities and assistance for the effective exercise of his powers under the mentoring order. (10) The parents or any person having an influence, control or authority upon a child subject of a mentoring order shall, where so requested, provide such assistance as is possible to the child mentor to enable him to effectively discharge his duties. [S. 3D inserted by s. 4 of Act 40 of 2008 w.e.f. 20 December 2008.]