JUVENILES ACT
Arrangement of Sections
Sections
PART I
PRELIMINARY
1. Short title
2. Interpretation
PART II
PROTECTION OF JUVENILES
GENERAL PROVISIONS
3. Approval of societies
4. Fit person
5. Appointment of Commissioner for juvenile welfare
6. Appointment of juveniles inspectors
7. Duties of Commissioner for juvenile welfare and juveniles inspectors
8. Powers of Commissioner for juvenile welfare and juveniles inspectors
JUVENILES IN NEED OF CARE
9. Definition of "in need of care"
10. Powers of juvenile courts in respect of juveniles in need of care
11. Power of juvenile court to vary or revoke order
12. Power to transfer case from one juvenile court to another
13. Disposal of juveniles in respect of whom a scheduled offence has been committed
14. Refractory juveniles
15. Proceedings in respect of juveniles in need of care
16. Warrant to search for and remove juvenile
17. Power of parent to oppose application
18. Interim orders to place of safety
FIT PERSONS
19. Provisions as to orders of committal to fit persons
20. Contents of order of committal to care of fit person
21. Duration of order
22. Power of fit person over juvenile committed to his care
23. Powers of Commissioner for juvenile welfare to board out juveniles
24. Juveniles may be boarded out by fit persons
25. Power to arrange emigration
26. Application for order of committal to be varied or revoked
27. Application by fit person for transfer of juvenile to approved school
28. Escapes from care of fit person
29. Power to discharge
30. Rules
CUSTODY OF JUVENILES
31. Application for custody of juvenile
RECEIVING CHILDREN FOR REWARD
32. Notices to be given by persons receiving children for reward
33. Penalties for failure to give notices
34. Persons prohibited from receiving foster children
35. Power to prevent overcrowding of foster children
36. Removal of foster children from unsuitable premises or persons
37. Notice to coroner
38. Avoidance of insurance on lives of foster children
39. Provisions as to notices
40. Prohibition of anonymous advertisements offering to receive foster children
41. Penalties
42. Exemptions
VOLUNTARY HOMES
43. Notices and records in connection with voluntary homes
44. Restriction on managers of voluntary homes
45. Inspection of voluntary homes and removal of juveniles therefrom
OFFENCES AGAINST JUVENILES
46. Cruelty to juveniles
47. Causing or encouraging the prostitution of girls under 16
48. Allowing persons under 16 to be in brothels
49. Power to bind over persons having the custody of young girls
50. Causing or allowing children to be used for begging
51. Giving intoxicating or spirituous liquor to children
52. Causing or allowing children to be in bars of licensed premises
CHILDREN AT ENTERTAINMENTS
53. Restriction on children taking part in entertainment
54. License to take part in entertainment
55. Safety of children at entertainments
MISCELLANEOUS
56. Interpretation of Part II
57. Validation and saving
PART III
JUVENILE DELINQUENTS
PRELIMINARY PROCEEDINGS
58. Prevention of juveniles associating with adults during detention
59. Bail of juveniles arrested
60. Custody of juvenile not released on bail after arrest
61. Remand or committal to custody in a remand prison or place of safety
62. Custody of juveniles in remand prisons
ESTABLISHMENT AND PROCEDURE OF JUVENILE COURTS
63. Establishment of juvenile courts
64. Procedure in juvenile courts
65. Assignment of certain matters to juvenile courts
66. Miscellaneous provisions as to powers of juvenile courts
67. Power of other court to transfer offenders to juvenile courts
68. Abolition of the use of the words "conviction" and "sentence" in respect of juveniles
69. Costs
70. Removal of disqualifications attaching to felony
71. Rules of court juvenile offenders section
72. Restriction on punishment of juveniles
73. Methods of dealing with offenders
74. Powers of court in respect of fines, etc.
PART IV
ADMINISTRATIVE PROVISIONS
APPROVED SCHOOLS
75. Establishment of approved schools
76. Regard to be had to religious persuasion of person committed to approved school
77. Contents of approved school order
78. Authority of approved school order
79. Confirmation of approved school order by High Court
80. Conveyance of juveniles to approved schools
81. Supervision of approved schools
82. Classification of approved schools
83. Removal of juveniles from one approved school to another
84. Leave of absence
85. Commutation of committal order
86. Extension of period of detention in approved school
87. Release on license
88. Supervision and recall after expiration of order
89. Powers and duties of managers of an approved school towards persons on license or under supervision
90. Rules
REFORMATORIES
91. Establishment of reformatories
92. Contents of reformatory order
93. Authority of reformatory order
94. Conveyance of juvenile to receiving centre
95. Control and supervision of reformatories
96. Officers in charge of reformatories
97. Inspection of reformatories
98. Classification of reformatories
99. Leave of absence
100. Removal of person from one reformatory to another
101. Commutation of reformatory order
102. Extension of period of detention in reformatory
103. Power to discharge
104. Release on license
105. Supervision and recall after expiration of order
106. Powers and duties of officer in charge of reformatory towards persons on license or under supervision
107. Rules
ESCAPES
108. Escapes from approved schools and reformatories
PART V
SUPPLEMENTAL
FINANCIAL PROVISIONS
109. Contribution to be made by parents
110. Contribution orders
111. Affiliation orders
112. Variation of trusts for maintenance of juvenile
113. Grants-in-aid
REMOVAL OF PERSONS OUT OF ZAMBIA
114. Power to enter into agreements
115. Removal of persons out of Zambia
116. Detention pending removal
117. Appeals after removal
PROVISIONS IN RELATION TO COURT PROCEEDINGS IN WHICH JUVENILES ARE INVOLVED
118. Presumption and determination of age
119. Sittings of juvenile courts
120. Children not allowed in court
121. Power to clear court
122. Evidence of a child of tender years
123. Prohibition of publication of certain matters
124. Power to proceed with case in absence of juvenile
125. Extension of power to take depositions
126. Admission of deposition of juvenile
127. Attendance in court of parent of juvenile
PART VI
MISCELLANEOUS
128. Evidence of husband or wife of accused person
129. Evidence of wages
130. Appeals
131. Provisions as to documents, etc.
132. Power to amend Second Schedule
133. Regulations
134. Transitional provisions
135. Repeal and saving
AN ACT
to make provision for the custody and protection of juveniles in need of care; to provide for the correction of juvenile delinquents; and to provide for matters incidental to or connected with the foregoing.
[4th May, 1956]
Act 4 of 1956,
Act 15 of 1957,
Act 35 of 1959,
Act 41 of 1960,
Act 1 of 1961,
Act 47 of 1963,
Act 53 of 1963,
Act 30 of 1964,
Act 56 of 1965,
Act 20 of 1966,
Act 34 of 1966,
Act 1 of 1967,
Act 25 of 1969,
Act 27 of 1969,
Act 13 of 1994,
Act 3 of 2011.
GN 276 of 1964,
GN 497 of 1964,
GN 503 of 1964.
SI 63 of 1964.
PART I
PRELIMINARY
(1) This Act may be cited as the Juveniles Act.
(2) In the application of this Act to juveniles, the provisions of African customary law shall be observed unless the observance of such customary law would not be in the interests of such juveniles.
[S 1 am by GN 276 of 1964.]
(1) In this Act, unless the context otherwise requires—
"approved school" means a school approved by the Minister under sub-section (1) or deemed to be an approved school under sub-section (2) of section 75;
"approved school order" means an order made by a court requiring a juvenile to be sent to an approved school;
"child" means a person who has not attained the age of 16 years;
"contribution order" has the meaning assigned to it by section 110;
"foster child" has the meaning assigned to it by sub-section (4) of section 32;
"guardian", in relation to a juvenile includes any person who, in the opinion of any court having cognizance of a case in relation to the juvenile or in which he is concerned, has for the time being the charge of or control over such juvenile;
"in need of care" has the meaning assigned to it by section 9;
"intoxicating liquor" has the meaning assigned to it by section 2 of the Liquor Licensing Act;
"juvenile" means a person who has not attained the age of 19 years; and includes a child and a young person;
"juvenile adult" means—
(a) a person who has attained the age of 19 years but has not attained the age of 21 years; and
(b) a person who has attained the age of 21 years but has not attained the age of 25 years and whose classification as a juvenile adult has been expressly sanctioned by the Minister;
"juvenile adult reformatory" includes any division of a prison or juvenile reformatory established as a reformatory for juvenile adults;
"juvenile court" has the meaning assigned to it by section 63;
"legal guardian", in relation to a juvenile, means a person appointed according to law to be his guardian by deed, will or order of a court;
"managers", in relation to an approved school or other institution, means the persons for the time being having the management or control thereof;
"place of safety" includes any institution, police station, or any hospital or surgery, or any other suitable place the occupier of which is willing temporarily to receive a juvenile, but does not include any remand prison, prison or detention camp;
"probation officer" means any person appointed under the Probation of Offenders Act;
"probation order" has the meaning assigned to it by section 3 of the Probation of Offenders Act;
"public place" includes any street and any building, place or conveyance to which for the time being the public are entitled or permitted to have access either with or without any condition or upon condition of making any payment, and any building or place which is for the time being used for any public or religious meeting or assembly or as an open court;
"receiving centre" means any reformatory or part thereof declared to be a receiving centre under section 91;
"reformatory" means a reformatory established by the Minister under section 91;
"reformatory order" means any order ordering a person to be detained in a juvenile reformatory or a juvenile adult reformatory;
"remand prison" means a place established as a remand prison under section 3 of the Prisons Act;
"scheduled offence" means any of the offences mentioned in the First Schedule;
"scheduled territory" means any country mentioned in the Second Schedule;
"street" includes any highway, market place, square, bridge, road, footway, alley, or passage, whether a thoroughfare or not, lawfully used by the public;
"voluntary home" means any home or other institution for the boarding, care and maintenance of Juveniles, being a home or other institution supported wholly or partly by voluntary contributions;
"young person" means a person who has attained the age of 16 years, but has not attained the age of 19 years.
(2) Reference in this Act to findings of guilty and findings that an offence has been committed shall be construed as including references to pleas of guilty and admissions that an offence has been committed.
[S 2 am by Act 53 of 1963; GN 276 of 1964; Act 25 of 1969.]
PART II
PROTECTION OF JUVENILES
GENERAL PROVISIONS
(1) The managing committee or governing body of any association of persons working for the care, protection or control of juveniles may apply to the Minister for the society to be approved by him for that purpose, and the Minister may, after making such inquiries as he may think fit, approve the society for that purpose and may issue a certificate of approval accordingly.
(2) If the Minister considers that the continuance of such approval is unnecessary or undesirable, he may, by notice served on the managing committee or governing body of the society, withdraw the certificate of approval of the society as from a date to be specified in the notice, not being less than three months after the date of the notice, and upon the date so specified, unless the notice is previously withdrawn, the society shall cease to be an approved society.
(3) The managing committee or governing body of any approved society may, on giving not less than three months’ notice to the Minister in that behalf, surrender the certificate of approval of the society, and at the expiration of the said notice, unless previously withdrawn, the society shall cease to be an approved society.
(4) No juvenile shall be committed or received into the care of an approved society under the provisions of this Act after the date of the receipt of any notice given under sub-sections (2) and (3), but the obligations of the approved society with respect to juveniles under their care at such date shall continue until the withdrawal or surrender of the certificate of approval takes effect when the Commissioner for juvenile welfare shall make application under sub-section (1) of section 26 in respect of any juvenile who was at the time of such withdrawal or surrender under the control of the society, so that such juvenile may be suitably dealt with.
(5) The Minister shall, within one month of the date thereof, cause any grant of a certificate of approval or any notice of withdrawal or intention to surrender given in respect of any such certificate to be published in the Gazette.
[S 3 am by GN 276 of 1964.]
For the purposes of the provisions of this Act relating to the making of orders committing juveniles to the care of fit persons—
(a) the Commissioner for juvenile welfare; or
(b) an approved society; or
(c) a person appointed for this purpose by the court;
shall be deemed to be a fit person and accordingly orders may be made committing juveniles to the care of the said Commissioner, or to the care of any such society or person willing to undertake the care of such juveniles.
[S 4 am by Act 35 of 1959.]
5. Appointment of Commissioner for juvenile welfare
The President may, by Gazette notice, appoint a Commissioner for juvenile welfare.
6. Appointment of juveniles inspectors
(1) The President may, by Gazette notice, appoint as juveniles inspectors such persons as he may think fit.
(2) In any District in which no Juveniles inspector appointed under the provisions of sub-section (1) is stationed, the District Secretary of the District shall, for the time being, be a juveniles inspector.
[S 6 am by GN 503 of 1964.]
7. Duties of Commissioner for juvenile welfare and juveniles inspectors
(1) The Commissioner for juvenile welfare and a juveniles inspector shall perform such duties as may be entrusted to them by this or any other Act.
(2) The Commissioner for juvenile welfare may authorise a Juveniles inspector to exercise or perform all or any of the powers and duties which are entrusted to the said Commissioner under the provisions of this or any other Act.
[S 7 am by Act 1 of 1961.]
8. Powers of Commissioner for juvenile welfare and juveniles inspectors
(1) The Commissioner for juvenile welfare and a juveniles inspector may, at any reasonable time and for the proper performance of their duties, enter—
(a) any institution or dwelling of any person, society or body in whose custody a juvenile has been placed under this Act; or
(b) any dwelling in which a foster child is kept; or
(c) any voluntary home;
and make such examination into the state and management thereof as he thinks requisite.
(2) Any person who obstructs the Commissioner for juvenile welfare or a juveniles inspector in the execution of his duties shall be liable to a fine not exceeding seven hundred and fifty penalty units.
(3) Any refusal to allow the Commissioner for juvenile welfare or a juveniles inspector to enter any such institution, dwelling or voluntary home in the execution of his duties shall, for the purposes of section 16 (which relates to search warrants), be deemed to be a reasonable cause to suspect that a juvenile therein is in need of care.
[S 8 am by Act 13 of 1994.]
JUVENILES IN NEED OF CARE
9. Definition of "in need of care"
(1) For the purposes of this Act, a juvenile in need of care means a person who—
(a) is a juvenile who, having no parent or guardian or a parent or guardian unfit to exercise care and guardianship or not exercising proper care and guardianship, is either falling into bad associations or is exposed to moral or physical danger or beyond control; or
(b) is a juvenile who—
(i) being a person in respect of whom any scheduled offence has been committed; or
(ii) being a member of the same household as a juvenile in respect of whom such an offence has been committed; or
(iii) being a member of the same household as a person who has been convicted of such an offence against a juvenile; or
(iv) being a female member of a household whereof a member has committed an offence under section 159 of the Penal Code in respect of another female member of that household; or
(v) frequenting the company of any reputed thief or prostitute; or
(vi) lodging or residing in a house or the part of a house used by any prostitute for the purposes of prostitution, or is otherwise living in circumstances calculated to cause, encourage, or favour the seduction of the juvenile;
requires care, control or protection.
(2) For the purposes of this section, the fact that a juvenile—
(a) is found destitute; or
(b) is found wandering without any settled place of abode and without visible means of subsistence; or
(c) is found begging or receiving alms (whether or not there is any pretence of singing, playing, performing or offering anything for sale); or
(d) is found loitering for the purpose of so begging or receiving alms;
shall, without prejudice to the generality of the provisions of paragraph (a) of sub-section (1), be evidence that he is exposed to moral danger.
10. Powers of juvenile courts in respect of juveniles in need of care
(1) Any police officer or juveniles inspector having reasonable grounds for believing that a juvenile is in need of care may bring him before a juvenile court, and it shall be the duty of a juveniles inspector to bring before a juvenile court any juvenile who appears to be in need of care unless he is satisfied that the taking of proceedings is undesirable in the interests of such juvenile, or that proceedings are about to be taken by some other person.
(2) If a juvenile court is satisfied that any person brought before the court under this section is a juvenile in need of care, the court may—
(a) order his parents or guardian to enter into recognizance’s to exercise proper care and guardianship; or
(b) commit him to the care of any fit person, whether a relative or not, who is willing to undertake the care of him; or
(c) without making any other order, or in addition to making an order under either of the last two foregoing paragraphs, make an order placing him for a specified period, not exceeding three years, under the supervision of a probation officer or some other person appointed for the purpose by the court; or
(d) order him to be sent to an approved school.
(3) The provisions of section 131 of the Criminal Procedure Code shall apply in relation to recognizance’s under paragraph (a) of sub-section (2) as they apply in relation to recognizance’s to be of good behaviour:
Provided that where a recognizance under the said paragraph is adjudged to be forfeited, the court, if it thinks fit, instead of adjudging the person bound thereby to pay the sum for which he is bound, may adjudge him to pay part only of the said sum or may remit payment of the whole thereof.
[S 10 am by Act 15 of 1957, 53 of 1963.]
11. Power of juvenile court to vary or revoke order
Any order made by a juvenile court may be varied or revoked at any time by the court making the order or by any other juvenile court acting for the same District.
12. Power to transfer case from one juvenile court to another
Where a juvenile court finds a juvenile to be in need of care within the meaning of section 9, and the juvenile has his home or usually resides in an area within the jurisdiction of another juvenile court, the court may transfer the case to that other court to be dealt with.
13. Disposal of juveniles in respect of whom a scheduled offence has been committed
(1) Any court by which a person has been—
(a) convicted of committing a scheduled offence against a juvenile; or
(b) committed for trial for any such offence; or
(c) bound over to keep the peace towards a juvenile;
may direct that the juvenile be brought before a juvenile court with a view to that court making such order under section 10 as may be proper:
Provided that, if the juvenile has a parent or legal guardian, no order shall be made under this section unless the parent or guardian has been convicted of or committed for trial for the offence, or is under committal for having been, or has been proved to the satisfaction of the court to have been, party or privy to the offence, or has been bound over to keep the peace towards the juvenile, or cannot be found.
(2) Where any court has, under this section, directed that a juvenile be brought before a juvenile court, it shall notify forthwith a juveniles inspector of that area of such direction and the juveniles inspector shall take all steps necessary to bring the juvenile before a juvenile Court.
(3) Where a direction is made under this section and any order is subsequently made under section 10 in respect of a person who has been committed for trial, then, if that person is acquitted of the charge, or if the charge is dismissed for want of prosecution, the direction and order shall forthwith be void, except with regard to anything that may have lawfully been done under it.
Where the parent or guardian of a juvenile proves to a juvenile court that he is unable to control the juvenile, the court, if satisfied—
(a) that it is expedient so to deal with the juvenile; and
(b) that the parent or guardian understands the results which will follow from and consents to the making of the order;
may order that the juvenile be sent to an approved school or may place him under the supervision of a probation officer, for a period not exceeding three years, or may commit him to the care of a fit person, whether a relative or not, who is willing to undertake the care of him.
15. Proceedings in respect of juveniles in need of care
(1) Any juveniles inspector or police officer having obtained an order from a magistrate may take to a place of safety any juvenile who is about to be brought before a juvenile court as being in need of care.
(2) No juvenile may be kept in a place of safety for longer than 14 days without a renewal of the order.
(3) Where an application is to be made to a juvenile court for an order under section 10 and the juvenile in respect of whom the application is to be made has not been removed to a place of safety, a summons may be issued requiring him to attend before the court.
(4) Where under the provisions of this section a juvenile is taken to a place of safety, the person who so takes him shall forthwith send a notice to the juvenile court specifying the grounds upon which the juvenile is to be brought before the court, and shall also send the particulars to the parent or guardian of the juvenile warning him to attend at the court on the date and at the time of the hearing.
(5) Where an application is to be made to a juvenile court under section 10, the person intending to make the application shall forthwith notify a juveniles inspector for that area of the name and address of the juvenile, the day and the hour when and the nature of the grounds on which he is to be brought before the court.
(6) A juveniles inspector having received a notice under sub-section (5) shall make such investigations and render available to the court such information as to the home circumstances, health, age, character, and general antecedents of the juvenile as are likely to assist the court.
16. Warrant to search for and remove juvenile
(1) If it appears to a magistrate on information on oath laid by any person who, in the opinion of the magistrate, is acting in the interests of a juvenile, that there is reasonable cause to suspect—
(a) that the juvenile has been or is being assaulted, ill-treated, or neglected in any place within the jurisdiction of the magistrate in a manner likely to cause him unnecessary suffering or injury to health; or
(b) that any scheduled offence has been or is being committed in respect of the juvenile; or
(c) that the juvenile is otherwise in need of care;
the magistrate may issue a warrant authorising any police officer named therein to search for the juvenile, and, if it is found that he has been or is being assaulted, ill-treated or neglected in manner aforesaid, or that any scheduled offence has been or is being committed in respect of him, or that he is in need of care, to take him and detain him in a place of safety, until he can be brought before a juvenile court, or authorising any police officer to remove him with or without search to a place of safety and detain him there until he can be brought before a juvenile court.
(2) A magistrate issuing a warrant under this section may, by the same warrant, cause any person accused of any offence in respect of the juvenile to be apprehended and brought before a subordinate court, and proceedings brought against him according to law.
(3) Any police officer authorised by warrant under this section to search for any juvenile, or to remove any juvenile with or without search, may enter (if need be by force) any house, building, or other place specified in the warrant, and may remove him therefrom.
(4) Every warrant issued under this section shall be addressed to and executed by a police officer, who shall be accompanied by the person laying the information, if that person so desires, unless the magistrate by whom the warrant is issued otherwise directs, and may also, if the said magistrate so directs, be accompanied by a duly qualified medical practitioner.
(5) It shall not be necessary in any information or warrant under this section to name the juvenile.
17. Power of parent to oppose application
(1) Where a juvenile is brought before a juvenile court on an application for an order on the grounds that he is in need of care, the court shall allow his parent or guardian to be heard, if they so wish, in opposition to the application for an order, either personally or by a barrister or solicitor.
(2) Where the parent or guardian cannot be found or cannot, in the opinion of the court, be reasonably required to attend, the court may allow any relative or other responsible person to take the place of the parent or guardian for the purpose of this section.
18. Interim orders to place of safety
If a juvenile court is not in a position to decide what order, or whether any order, ought to be made in respect of a juvenile, the court may make such interim order as it thinks fit for the detention or continued detention of the juvenile in a place of safety:
Provided that any interim order made under this section shall not remain in force for more than 14 days, but if, at the expiration of that period, the court deems it expedient so to do, it may make a further interim order.
FIT PERSONS
19. Provisions as to orders of committal to fit persons
(1) Before making an order under this Act committing a juvenile to the care of a fit person, the court shall endeavour to ascertain the religious persuasion of the juvenile, and in selecting the person to whose care the juvenile is to be committed the court shall, if possible, select a person who is of the same religious persuasion as the juvenile or who gives an undertaking that he will be brought up in accordance with that religious persuasion.
(2) The provisions of sub-section (1) relating to the selection of a fit person shall not apply where the court orders committal to the Commissioner for Juvenile welfare, but the said Commissioner shall take all reasonable steps to ensure that the juvenile is brought up in accordance with his religious persuasion.
[S 19 am by Act 35 of 1959.]
20. Contents of order of committal to care of fit person
(1) Every order committing a juvenile to the care of a fit person shall contain a declaration—
(a) as to the age or apparent age; and
(b) as to the religious persuasion;
of the juvenile with respect to whom it is made.
(2) The court which makes an order committing a juvenile to the care of a fit person shall cause a record in the prescribed form, embodying all such information in the possession of the court as is, in the opinion of the court, material to be known by such fit person, to be prepared and transmitted to the fit person.
Every order made committing a juvenile to the care of a fit person shall, subject to the provisions of this Act, remain in force until the juvenile attains the age of 19 years.
22. Power of fit person over juvenile committed to his care
(1) The person to whose care a juvenile is committed by any such order as aforesaid shall, while the order is in force, have the same rights and powers and be subject to the same liabilities in respect of his maintenance as if he were the parent of the juvenile, and the juvenile so committed shall continue in his care notwithstanding any claim by a parent or any other person:
Provided that the authority and control shall not include power to give consent to the marriage of the juvenile or to deal with the property of the juvenile.
(2) The Commissioner for juvenile welfare may, when he is satisfied that it is in the interest of the juvenile and on such conditions as he may deem fit, authorise the temporary absence from Zambia of any juvenile committed to his care or to the care of any other fit person.
(3) Nothing in sub-section (1) shall be deemed to make the Commissioner for juvenile welfare personally liable for the maintenance of a juvenile committed to his care.
[S 22 am by Act 35 of 1959, 1 of 1961.]
23. Powers of Commissioner for juvenile welfare to board out juveniles
Where a juvenile is committed to the care of the Commissioner for juvenile welfare as a fit person, he may—
(a) board out the juvenile with persons whom he considers suitable to undertake the care of the juvenile and who are willing to do so;
(b) place the juvenile in any home or institution within Zambia which he considers suitable for the juvenile and the managers of which are willing to undertake the care of such juvenile;
(c) place the juvenile in a home or institution in Southern Rhodesia or the Republic of South Africa which he considers suitable for the juvenile and the managers of which are willing to undertake the care of such juvenile:
Provided that no juvenile shall be placed in a home or institution outside Zambia without the written authority of the court which made the order committing the juvenile to the care of the Commissioner for juvenile welfare as a fit person.
[S 23 am by Act 35 of 1959.]
24. Juveniles may be boarded out by fit persons
A fit person, other than the Commissioner for juvenile welfare, may board out juveniles committed to his care for such periods and on such terms as to payment and otherwise as the Commissioner for juvenile welfare may approve:
Provided that, in selecting the person or institute with whom any juvenile is to be boarded out, care shall be taken to select, if possible, a person or institute of the same religious persuasion as the juvenile, or a person or institute which will give an undertaking that he will be brought up in accordance with that religious persuasion.
[S 24 am by Act 35 of 1959.]
25. Power to arrange emigration
The Minister, in any case where it appears to him to be for the benefit of a juvenile, may empower the person to whose care the juvenile has been committed to arrange for his emigration, but except with the authority of the Minister no person to whose care a juvenile has been committed shall arrange for his emigration:
Provided that the Minister shall not empower such a person to arrange for the emigration of a juvenile unless he is satisfied that the juvenile consents or, being too young to form or express a proper opinion on the matter, is to emigrate in company with a parent, guardian, relative or friend, and also that his parents have been consulted or that it is not practicable to consult them.
[S 25 am by GN 276 of 1964.]
26. Application for order of committal to be varied or revoked
(1) An order committing a juvenile to the care of a fit person may, on the application of any person, be varied or revoked by a juvenile court acting for the District or place within which the juvenile is residing, and the court by which any such order is revoked may, upon the application of any person, substitute for that order an order placing the juvenile for a specified period not exceeding three years under the supervision of a probation officer or of some other person appointed by the court for that purpose:
Provided that an order under this sub-section placing a juvenile under supervision as aforesaid shall be of no effect after the time at which the juvenile attains the age of 19 years.
(2) If on the application of the parent or guardian or any near relative of a juvenile committed by any such order as aforesaid, any court having power to vary or revoke the order is satisfied that he is not being brought up in accordance with his religious persuasion, the court shall, unless a satisfactory undertaking is offered by the person to whose care the child has been committed, either revoke the order or vary it in such manner as the court thinks best calculated to secure that he is henceforth brought up in accordance with that persuasion.
27. Application by fit person for transfer of juvenile to approved school
Where a fit person is of opinion that any juvenile who has been committed to his care and who is under 19 years of age should be sent to an approved school, he may apply to a juvenile court, and that court may, if it thinks that it is in his interests so to do, order him to be sent to such a school.
28. Escapes from care of fit person
(1) Any juvenile who runs away from a person to whose care he has been committed under this Act may be apprehended without a warrant and brought back to that person, if he is willing to receive him, and if he is not willing to receive him, he may be brought before a juvenile court having jurisdiction in the place where he was residing immediately before he ran away, and that court may make any order in respect to him which the court might have made if he had been brought before it as being a juvenile who, having no parent or guardian, was beyond control.
(2) A juvenile who runs away from a person or institution with whom he has been boarded out under section 24 may be apprehended without a warrant and brought back to that person or institution, or to such other person or institution as the Commissioner for juvenile welfare may direct.
(3) Any person who knowingly—
(a) assists, or persistently attempts to induce, or induces a juvenile to run away from a person or institution to whose care he has been committed or with whom he has been boarded out under this Act; or
(b) harbours or conceals a juvenile who has so run away, or prevents him from returning;
shall be liable to a fine not exceeding one thousand five hundred penalty units or to imprisonment for any term not exceeding six months, or to both.
[S 28 am by Act 13 of 1994.]
The Minister may, at any time in his discretion, discharge a juvenile from the care of the person to whose care he has been committed or from an approved school and any such discharge may be granted either absolutely or subject to conditions.
[S 29 am by GN 276 of 1964.]
The Minister may, by statutory instrument, if he thinks fit, make rules as to the manner in which juveniles committed to the care of fit persons are to be dealt with and as to the duties of the persons to whose care they are committed, and may cause any juvenile committed to the care of a fit person to be visited from time to time.
[S 30 am by GN 276 of 1964.]
CUSTODY OF JUVENILES
31. Receiving Children for Reward
(1) Where the parent of a juvenile applies to any court for the custody of the juvenile and the court is of the opinion that the parent has abandoned or deserted the juvenile, or that he has so conducted himself that the court should refuse to enforce his right to the custody of the juvenile, the court may in its discretion refuse to award the custody of the juvenile to the parent. Application for custody of juvenile.
(2) Where the parent of a juvenile has allowed him to be brought up by another person at that person’s expense for such length of time and under such circumstances as to satisfy the court that the parent was unmindful of his parental duties, the court shall not make an order for the delivery of the juvenile to the parent unless the parent has satisfied the court that, having regard to all the circumstances, it is more advantageous to the juvenile to make the order.
(3) If at the time of an application by a parent for an order for the custody of a juvenile, the juvenile is being brought up by a person other than the parent, the court may in its discretion, if it orders the juvenile to be given up to the parent, further order that the parent shall pay to such other person the whole of the cost properly incurred by such person in bringing up the juvenile, or such proportion thereof as shall seem to the court to be just and reasonable having regard to all the circumstances of the case.
32. Notices to be given by persons receiving children for reward
(1) A person who undertakes for reward the care and maintenance of a child apart from his parents, or having no parents, for a longer period than 30 days shall give notice thereof to the Juveniles inspector of the area within which the child is to be maintained—
(a) in the case of a child not already in his care, being the first child proposed to be received by him for reward in the premises occupied, or proposed to be occupied, for the purpose, not less than seven days before he receives the child;
(b) in the case of any other child not already in his care, not less than 48 hours before he receives the child;
(c) in the case of a child already in his care without reward, within 48 hours after entering into the undertaking; and
(d) in the case of a child who is being cared for and maintained for reward at the commencement of this Act, and in respect of whom no notice has been given to the Juveniles inspector, within one month of the commencement of this Act:
Provided that, in proceedings in respect of failure to give any such notice as aforesaid, it shall be a defence for the defendant to prove that he received the child upon an emergency and gave notice within 48 hours thereafter.
(2) For the purposes of this section, an undertaking shall be deemed to be an undertaking for reward if there is any payment or gift of money or money’s worth, or any promise to pay or give money or money’s worth irrespective of whether there is any intention of making profit.
(3) The notice required by this section shall contain such particulars as may be prescribed.
(4) A child in respect of whom a notice has been or ought to have been given under this section and who is still living apart from his parents, if any, with the person by whom the notice was, or ought to have been given, is hereinafter referred to as a "foster child".
(5) If a person who is maintaining a foster child changes his residence, he shall, at least seven days before so doing, give to the Juveniles inspector notice of the change, and, where the residence to which he removes is situate within the area of another Juveniles inspector, he shall at least seven days before so moving give to that Juveniles inspector the like notice as respects each foster child in his care as he is required to give on the first reception of a foster child:
Provided that, where an immediate change of residence is necessitated by any emergency, a notice under this sub-section may be given at any time within 48 hours after the change of residence.
(6) If a foster child dies, or is removed or removes himself from the care of the person who has undertaken his care and maintenance, that person shall, within 48 hours thereof, give to the juveniles inspector and to the person from whom the child was received if his whereabouts are known notice in writing of the death or removal and, in the case of removal, the notice shall also state the name and address of the person, if any, to whose care the child has been transferred.
33. Penalties for failure to give notices
(1) If any person required to give any notice under either sub-section (5) or (6) of section 32 fails to give notice before the latest time specified for giving the notice, he shall be guilty of an offence and, if the consideration for the care and maintenance of the child in respect of whom the notice ought to have been given consisted in whole or in part of a lump sum, the person failing to give the notice shall, in addition to any other penalty under this Part, be liable to forfeit that sum, or such less sum as the court having cognizance of the case may deem just, and the sum forfeited shall be applied for the benefit of the child in such manner as the court may direct.
(2) Where under this section any such sum as aforesaid is ordered to be forfeited, the order may be enforced as if it were an order for the payment of a civil debt.
(3) For the purpose of any enactment by which the time for taking proceedings is limited, an offence under this section shall be deemed to continue so long as the child in respect of whom a notice ought to have been given remains in the care of the offender without any notice having been given.
34. Persons prohibited from receiving foster children
A foster child shall not, without the consent of the juveniles inspector and the approval of the Commissioner for juvenile welfare, be kept—
(a) by any person from whose care any child has been removed under this Part; or
(b) in any premises from which any child has been removed under this Part by reason of the premises being dangerous or insanitary or so unfit as to endanger the health of a child; or
(c) by any person who has been convicted of an offence under sections 46 to 53; or
(d) by any person excluded from taking care of a child under the provisions of section 36;
and any person keeping a foster child contrary to this section or causing a foster child to be so kept shall be guilty of an offence.
35. Power to prevent over-crowding of foster children
(1) The Minister may fix the maximum number of persons under the age of 19 years who may be kept in any premises in which a foster child is kept, and may also impose conditions to be complied with so long as the number of children kept in the premises exceeds a specified number.
(2) If the maximum number fixed under this section is exceeded, or if any condition imposed is not complied with, a person who keeps a foster child in those premises shall be guilty of an offence.
[S 35 am by GN 276 of 1964.]
36. Removal of foster children from unsuitable premises or persons
(1) If a foster child is about to be received or is being kept—
(a) in any premises which are overcrowded, insanitary or dangerous; or
(b) by any person who, by reason of old age, infirmity, ill health, ignorance, negligence, inebriety, immorality, or criminal conduct, or for any other reason, is unfit to have care of the child; or
(c) in any premises, or by any person, in contravention of any of the provisions of this Part; or
(d) in an environment which is detrimental to the child;
a subordinate court may, on the application of a juveniles inspector, make an order for the removal of the child to a place of safety until he can be restored to his relatives, or until other arrangements can be made with respect to him; and, upon proof that there is imminent danger to the health and well-being of the child concerned, such court may make the said order ex parte.
(2) An order made under sub-section (1) may be enforced by a police officer, or any other person authorised by the court making the order; and any person who refuses to comply with such an order upon its being produced or who obstructs any such police officer or person as aforesaid in the enforcement of the order, shall be guilty of an offence.
(1) In the case of the death of a foster child, the person who had the care of the child shall, within 24 hours of the death, give notice in writing thereof to the coroner of the area within which the body of the child lies, and the coroner shall hold an inquest thereon, unless there is produced to him a certificate of a registered medical practitioner certifying that a practitioner has personally attended the child during his last illness and certifying also the cause of death, and the coroner is satisfied that there is no ground for holding an inquest.
(2) If the person required to give notice under this section fails to give notice within the time specified for the purpose, he shall be guilty of an offence.
38. Avoidance of insurance on lives of foster children
A person who keeps a foster child shall be deemed to have no interest in the life of the child for the purpose of any law for the time being in force regarding life insurance, and, if any such person directly or indirectly insures or attempts to insure the life of a foster child, he shall be guilty of an offence.
(1) If any person required to give any notice under the provisions of this Part relating to protection of juveniles knowingly makes, or causes or procures any other person to make, any false or misleading statement in any such notice, he shall be guilty of an offence.
(2) Every notice required by this Part to be given to a juveniles inspector may be delivered to the office of the juveniles inspector or may be sent by post in a registered letter addressed to the juveniles inspector or to a person duly authorised by him to receive such notice. Every such notice required to be given to a coroner shall be delivered at his office or residence.
40. Prohibition of anonymous advertisements offering to receive foster children
(1) No advertisement indicating that a person or society will undertake, or will arrange for, the care or maintenance of a child shall be published unless that person’s name and residence, or, as the case may be, that society’s name and office, are truly stated in the advertisement.
(2) Every person who knowingly publishes or causes to be published any advertisement in contravention of the provisions of this section shall be guilty of an offence.
Any person guilty of an offence under the foregoing provisions of this Part relating to the protection of juveniles for which no other penalty is provided shall be liable to a fine not exceeding one thousand and five hundred penalty units or to imprisonment for a term not exceeding six months, or to both and the court may order any child in respect of which the offence was committed to be removed to a place of safety.
[S 41 am by Act 13 of 1994.]
(1) The provisions of this Part relating to the reception of children for reward shall not extend to—
(a) any relative or legal guardian of a child who undertakes the care and maintenance of the child; or
(b) any hospital, convalescent home, school, or institution which is maintained by a Government department or local authority, or which is, as a whole, otherwise than under this Act, subject to inspection by, or under the authority of, a Government department; or
(c) any approved society or fit person to whose care a child has been committed under the provisions of this Act; or
(d) any person who, with the consent of the parents or guardians, has undertaken the care of a child who is attending school as a day scholar; or
(e) any person who, with the consent of the parents or guardians, undertakes for a period not exceeding six months the care and maintenance of a child during the absence on leave or holiday of such parents or guardians; or
(f) any person or body of persons exempted by order of the Minister from the provisions of this Act relating to the reception of children for reward.
(2) The Minister, having satisfied himself that any institution is being conducted in good faith for the care and protection of children, may issue to the managers of the institution a certificate exempting them from the requirements of sections 32 and 33, and any certificate so granted may at any time be withdrawn by the Minister.
(3) For the purposes of this section, "relative" means a grandparent, brother, sister, uncle or aunt by consanguinity or affinity, or in consequence of adoption, and, in the case of an illegitimate child, a person who would be so related through the mother if the child were legitimate.
[S 42 am by GN 276 of 1964.]
VOLUNTARY HOMES
43. Notices and records in connection with voluntary homes
(1) It shall be the duty of the person in charge of a voluntary home to give notice with respect to the establishment of the home to the juveniles inspector of the area within which the home is situate within three months after the commencement of this Act, or, in the case of a home established after the commencement of this Act, within one month of the establishment of the home. The notice to be given under this sub-section shall state—
(a) the address of the home;
(b) the date on which it was established;
(c) the name or names of the manager or managers of the home;
(d) the name of the person in charge thereof;
(e) the age group of the juveniles for which it is designed to cater; and
This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.