A law approved during the previous government’s administration aimed at protecting children from abuse will come into effect on 1 July.
The order was made in Cabinet earlier this month. The initial bill was passed in March 2009 by lawmakers.
Under the Children (Amendment) Law, 2009, adults who stay silent when they suspect a child is being abused could face up to six months jail or a $2,000 fine.
The mandatory reporting regime, debated by Cayman Islands lawmakers in March 2009, requires a broad swath of professionals who work with children to make a report to authorities if they believe a child is being abused or neglected.
Doctors and other health professionals, teachers, police officers, ministers of religion, child care providers and public servants that work with children would be required to report their concerns, as will probation officers, church workers, school employees and counsellors.
According to the law, abuse includes sexual, physical or emotional abuse of the child. The law considers it neglect if the child has suffered, or is likely to suffer, physical or psychological injury detrimental to his or her wellbeing, or if the child’s physical or physiological development is in jeopardy.
Anyone making a report under the law will be granted immunity from any civil or criminal liability, provided they have acted in good faith. They will also be shielded from any claim they have acted in breach of any code of professional etiquette or ethics.
Those making reports will do so confidentially and there is a general prohibition on the person’s name being revealed in court proceedings.
During the 2009 debate, lawmakers on both sides of the house welcomed the move. However, some complained that the penalties for staying silent about child abuse don’t go far enough.
Cayman Brac and Little Cayman Member of the Legislative Assembly Juliana O’Connor-Connolly said it could cause some people to say “well, if I’m caught, what’s $2,000?”
Ms O’Connor-Connolly had asked that consideration be given to extending the mandatory reporting regime to adults that look after children in sports clubs and other organisations.
Additional amendments to the law seek to crack down on bad parenting, giving courts the power to order parents to attend parenting classes. It also demands that the parents of children appearing before courts be present throughout the child’s appearance.
Another amendment gives the Department of Children and Family Services the power to order that children undergo medical and psychiatric evaluation without the parent’s consent in emergency situations.
Related Videos
