Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica

The Report of the Task Force on the New Regime for Juveniles in Remand and Correctional Facilities in Jamaica

Submitted by: Pat Sinclair McCalla Chief Executive Officer Public Sector Transformation Unit December 2010

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TABLE OF CONTENTS

Pages

Acknowledgements ............................................................................................................................. 3

Preamble ............................................................................................................................................. 5

Organization of the Work of the Inter-Agency Committee ...................................................................... 5

Methodology ............................................................................................................................................. 6

Executive Summary ............................................................................................................................. 8

The Context for Change ............................................................................................................................ 9

The Armadale Fire ..................................................................................................................................... 9

The Commission’s Report ....................................................................................................................... 10

Juvenile Correctional and Remand Centres ............................................................................................ 11

The Catalyst for Reform .......................................................................................................................... 12

The Perspective of some Children in State Care ..................................................................................... 13

The Policies and Protocols Framework ............................................................................................... 15

The Situational Context ........................................................................................................................... 15

Recommendations .................................................................................................................................. 18

New Institutional Arrangements ........................................................................................................ 24


Recommendations on the Role and Responsibilities of DCS and CDA in the New Regime .................... 26

The Legislative Framework ................................................................................................................. 29



Assessment, Placement, Admissions and Orientation Policies ............................................................ 33


Findings ................................................................................................................................................... 35


Case Management and Family Re-integration .................................................................................... 38



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Interdisciplinary Framework .............................................................................................................. 42



Physical Facilities ............................................................................................................................... 50



Conclusion ......................................................................................................................................... 56

APPENDICES ....................................................................................................................................... 58

Appendix 1: List of Committee Attendees .............................................................................................. 58

Appendix 2: Working Groups and Focus Areas ....................................................................................... 59

Appendix 3: Statement By the Prime Minister ....................................................................................... 60

Appendix 4: Process Flow ....................................................................................................................... 65

Appendix 5: Profile of Child Care Institutions ......................................................................................... 66

Appendix 6: Ideal Facilities ..................................................................................................................... 70

Appendix 7: Physical Facilities ................................................................................................................ 71

Acronyms ........................................................................................................................................... 95

References ......................................................................................................................................... 96

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Acknowledgements

I acknowledge the Prime Minister’s challenge to the Public Sector Transformation Unit (PSTU)

to create a New Regime for Juveniles in Correctional and Remand Facilities. This could not be

done without the inputs of all the major stakeholders who through their commitment,

knowledge and expertise, were able to contribute meaningfully to the entire process of

developing this new regime. Many of the ideas presented in the report are not new or novel,

but are practical given our socio-cultural milieu and are achievable in practical terms with the

right leadership, a willingness to work collaboratively, the availability of reasonable financial

and material resources, trained and competent staff and the will to change the way we are

accustomed to doing things.

My special thanks to the core members of the Working Committee who worked tirelessly in

distilling various concepts and conventions that needed review and reformulation in pragmatic

terms to treat with the policy, legislative, operational and institutional changes that are

necessary to facilitate a new regime for juveniles. I wish to acknowledge the Chairmen of the

Sub-Committees who worked assiduously to present the relevant reports, Dr. Michele

Meredith, Mrs. Marlene Gooden, Mrs. Carla Francis-Edie, Ms. Laura Plunkett, Ms. Audrey

Budhi, Ms. Netricia Miller and Mrs. Mary Clarke and my Assistant on the Committee, Mrs.

Charmaine Nelson who played a significant coordinating and catalytic role.

Sincere appreciation must be expressed to the following persons who broadened our

perspective and shared candidly on what should inform this new regime. They shared of their

time and expertise freely with the Committee and provided invaluable feedback on the draft

Report. Among them are the following:

The Honourable Justice Zaila McCalla who spent an entire morning with us, exploring ways of

improving the justice system to ensure expeditious and sensitive handling of children who are

in conflict with the law and an assurance of her availability and commitment to continued

improvements of the Court System.

Special thanks and appreciation to Dr.the Honourable Carolyn Gomes and Mrs. Susan Goffe for

their frank and open discussions and feedback on how to improve the system. Dr. Gomes on

whose instrumentality we were able to have an invaluable interaction with Judge Gail Chang

Bohr a judge in the District Court, Minnesota, USA.

Judge Gail Chang Bohr took time out of her vacation to Jamaica to share with us her insights

from her experiences in North America, having worked in the Courts with children in conflict

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with the law and also for providing us with educational counseling materials that are very

useful in enhancing our approach to treating with children in conflict with the law.

Mr. Roger McGarva, Senior Technical Advisor, Rehabilitation and Integration Programme and

Consultant to the Ministry of National Security who shared with us international best practices

in the management of young offenders and Mrs. Janet Al-Utaibi, Re-Integration Programme

Manager British High Commission.

Ms. Narda Marasovic, Deputy Director of UNICEF and Mrs. Janet Cupidon Quallo, Child

Protection Specialist who provided technical assistance to the project. A great depth of

gratitude is expressed to Ms. Audrey Budhi of the Child Development Agency on whose

initiative we were able to access UNICEF funds to facilitate the activity of Mrs. Carol Watson-

Williams, in the collation of the information with assistance from Mr. Ryan Evans of the Cabinet

Office.

The Report reflects the hard work and commitment of public officers, who are intimately

involved in working with children who are wards of the State and to them we owe a debt of

gratitude. To the wider Committee, accept my sincere thanks and appreciation for your

invaluable contribution.

Pat Sinclair McCalla

Chairman

Working Committee on the New Regime for Juveniles in Correctional and Remand Centres

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Preamble

This report represents the results of the consultations and the relevant literature review

conducted to inform the New Regime on Juveniles in Remand and Correctional Facilities.

Emerging out of months of deliberations with critical stakeholders is a comprehensive review of

existing policies, processes, procedures and protocols that have informed the revised structures

and systems proposed for consideration of the new regime.

Visits and consultations with international experts in the field have provided new insights in

influencing the content of this paper, that should facilitate a paradigm shift and impact

dramatically on the approach to be adopted and the mechanisms to be instituted, to facilitate

the requisite changes necessary for the implementation of a new regime in the treatment of

juveniles in conflict with the law.

Organization of the Work of the Inter-Agency Committee

Prime Minister Golding assigned to the Public Sector Transformation Unit (PSTU) the task of

developing a new regime and structure for Juveniles in Correctional and Remand facilities. In

executing its mandate, the PSTU invited the critical stakeholders involved in the management

and care of children and youth to participate in a working group, aimed at developing the

relevant structure and mechanisms that would provide for an efficacious system of

management for children and youth, who were in conflict with the law.

The PSTU established an Inter-agency Committee to undertake the review. The Committee met

on several occasions covering the period March - October 2010. In addition to this, a tour of the

proposed Metcalfe Street Remand Centre was conducted on April 14, 2010 to ensure that the

appropriate physical infrastructure was incorporated into the refurbishing of the Centre to

accommodate juveniles.

The Committee comprised representatives from the following Ministries and Agencies, namely:

1. Public Sector Transformation Unit (PSTU)

2. Office of the Children’s Advocate (OCA)

3. Child Development Agency (CDA)

4. Office of the Children’s Registry (OCR)

5. Ministry of Education (MOE)

6. Ministry of Health (MOH)

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7. Ministry of Youth, Sports & Culture (MYCS)

8. Ministry of Justice (MOJ)

9. Ministry of National Security (MNS)

10. Jamaica Constabulary Force (JCF)

11. Jamaica Defence Force (JDF)

12. Department of Correctional Services (DCS)

A full listing of the members of the Committee is contained in Appendix 1

Methodology

Small working groups1 were established to consider and develop an appropriate framework for

the new regime in the following areas:

The Policies and Protocols Framework

The Legislative Framework

The Assessment, Placement, Admissions & Orientation Framework

The Case Management System, Family Support & Re-integration Framework

An Interdisciplinary Framework to include:

o Health Care and Management

o Education and Training (Mainstreaming)

o Counselling and Mentoring

o Sports and Leisure

o Special Needs

o Integrated Community Development

o Transition to Independent Living

o Partnerships and Volunteerism

An Institutional Framework to include:

o The Role and Responsibilities of the Child Development Agency (CDA) and the

role of the Department of Correctional Services (DCS)

o Staffing

o Finance

1 Appendix 2 provides a listing of the members of the working groups

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A Physical infrastructure Framework to include

o Infrastructure/Standards

o Security

o Disaster management

o Environmental management

o Special Need

The report also addresses:

Considerations for children with special needs, and

A framework for the successful transition of children/youth to independent living on

attaining age eighteen (18) years.

The information elaborates more specifically on these areas identified above and proposes

recommendations to govern this new architecture. It must be noted that the

recommendations proposed are consistent with some of the recommendations emanating

from the Armadale Commission of Enquiry.

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Executive Summary

Jamaica is a signatory to the American Convention on Human Rights and the Convention on the

Rights of the Child. It therefore is obliged to adhere to and maintain the international standards

for the protection of children in the custody of the State. As a party to all international and

regional Human Rights Conventions, Jamaica must conform to the established protocols.

Consistent with being a signatory to these Conventions, the State enacted the Child Care and

Protection Act (2004) which gives credence to the legislative mechanism that provides for the

effective protection of the rights of Jamaican children.

At present, there are three main institutions of government - the Child Development Agency

(CDA), the Office of the Children’s Advocate (OCA) and the Children’s Registry, each with a

different mandate, which have complementary roles in ensuring the protection of all children,

including those in the care of the State. It must be noted however, that the accountability

framework for the CDA must specify its primary responsibility for all children who come to the

attention of the State, in whatever capacity, either in need of care and protection or in conflict

with the law.

Jamaica has had several initiatives to improve the safety and well-being of children in the

custody of the State. There remain serious challenges however, that must be addressed to

ensure the proper protection of children. Effective implementation of the appropriate policies

will require resources such as highly trained and skilled personnel and suitable physical

facilities, as well as appropriate programmes, new institutional arrangements and an integrated

approach to management and coordination of the system. Proper coordination and integration

of all related programmes, inclusive of the Restorative Justice initiative must be pursued for the

optimum results in the transformation of the lives of children in State care.

It is therefore imperative that the Government assumes the responsibility for the upgrading of

care facilities. Thorough reviews of the institutional framework and the improvement of the

monitoring and evaluation mechanisms are required to ensure the proper treatment and care

of children in State care.

A new philosophy governing children in State care will demand a paradigm shift at all levels of

management. This is critical to implementing the new institutional arrangements, consistent

with meeting the State’s obligation regarding the care of children who are wards of the State. It

begins however, with a commitment at the highest level to articulate and implement this new

architecture, to govern juveniles in Remand and Correctional facilities.

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The Restorative and Community Justice Programme will complement the new regime being

proposed for juveniles in Remand and Correctional Facilities. This programme is managed by

the Ministry of Justice and the details will not be included in this report.

The Context for Change

Successive governments have grappled with the issue of the broad institutional regime that

should be adopted to address not only juveniles in Remand and Correctional Facilities, but also

children in Residential Child Care Facilities, including Places of Safety. It was this latter concern

that led the former Prime Minister, The Most Honourable P. J. Patterson to commission in 2003

a review of all Children’s Homes and Places of Safety in Jamaica. The 2003 Keating Report was

the outcome of that process.

It was yet another event in May 2009, that of the tragic fire at the Armadale Correctional

Centre for Girls, which evoked harsh condemnation of the Correctional Services and sharpened

public focus on the need for more suitable facilities in the provision of a more humane

programme for child offenders. It is in this context, that the Honourable Bruce Golding, Prime

Minister established the rationale for a fundamental change in the current institutional

arrangements governing juveniles in Remand and Correctional facilities and stated that the

Child Development Agency would assume overall responsibility for such children. See Prime

Minister’s Statement to Parliament (Appendix 3).

This tragedy prompted a comprehensive review of the system and has led to the development

of a proposal for a new policy framework and regime for the treatment of juvenile offenders,

with the intention of shifting the focus on the punitive aspects towards truly transforming,

nurturing and mentoring these children.

The Armadale Fire

In May 2009, there was a tragic fire at the Armadale Correctional Centre for Girls in which

seven children lost their lives. This incident highlighted the conditions under which juveniles are

housed in some facilities. It also accentuated some serious abuses and procedural deficiencies

in the current system which indicated a need to focus on providing more suitable facilities and a

more humane programmes for child offenders.

Following the fire, the Prime Minister ordered the Centre to be closed immediately. He visited

the tragic site and commissioned an Enquiry into inter alia:

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The causes and circumstances of the fire;

The response of the management of the institution to the outbreak of the fire, including

established evacuation procedures and the availability and readiness of fire prevention

and firefighting equipment at the institution;

The behaviour of the juvenile detainees occupying the institution before and at the time

of the fire, the response of the emergency services, including the police, fire and

medical services and the effect these had on the origin, control and consequences of the

fire.

The Commission’s Report

The report of the Commission of Enquiry contains several findings and recommendations

concerning the management of juvenile facilities: The issues raised include:

1. Instituting measures for the care and treatment of wards including their physical,

emotional and psychological needs and educational requirements.

2. Ensuring compliance with basic standards for safety, security, health and sanitation at

all juvenile Correctional and remand facilities.

3. Reviewing and modernizing the programme of rehabilitation for children placed on

Correctional orders as well as those on remand. This will include:

Fulfilling staffing requirements by recruiting and training all persons employed at

these institutions.

Providing accommodation at Montpelier and Cape Clear, in the first instance, which

will accommodate minimum levels of personnel residing on the premises, and,

thereafter, to be instituted at all similar institutions.

Developing an Admissions and Orientation policy for all juvenile centres

Instituting and maintaining a case management system for each ward.

Designing a new rehabilitation programme to be monitored and evaluated on a

regular basis.

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4. Removing children from Adult Correctional Centres such as Fort Augusta and Horizon.

Irrespective of whether they are on Correctional orders or on remand, the environment

in these facilities is inappropriate.

5. Discontinuing the detention of children in Police lockups which is unacceptable and

should not be allowed to continue.

The Report emphasised that adequate accommodation must be provided for those children

placed in the custody of the State by the Courts, as well as those awaiting appearance before or

determination by the Courts. The accommodation must be sufficient to allow for the

appropriate placement of these children based on their peculiar circumstances and needs and

for the execution of effective programmes to address their behavioural problems.

The other important factor driving the change agenda, is the current situation that obtains at

the Juvenile Correctional Centres.

Juvenile Correctional and Remand Centres

There are three Juvenile Correctional Centres and one Juvenile Remand Centre with a total

capacity of 311. As at early 2010, three hundred and twenty five (325) children were in these

facilities, of whom, two hundred and eighty six (286) are subjects of Correctional Orders, issued

by the Courts and thirty nine (39) are being held on remand. However, an additional one

hundred and twenty four (124) children are being housed at other facilities which, although

declared as juvenile institutions for purposes of the law, are not appropriate for the custody of

children. These include:

35 girls at Fort Augusta Women’s Correctional Centre (10 of whom are on remand)

31 children at Horizon Remand Centre – 2 girls and 29 boys (on remand)

68 children (64 boys and 4 girls) are being held at 13 Police lockups across the island.

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Table 1: Illustrates the increasing trend in the number of child offenders in Juvenile Remand

and Correctional facilities from 2005 to December 2008.

Table 1: Number of Offenders in Juvenile Remand and Correctional Centres

2005 2006 2007 2008

288 382 332 339

Source: Department of Correctional Services 2008

These figures indicate that the capacity of some of our Juvenile Remand and Correctional

Centres is fully exhausted and the Correctional Centres are, in fact, overcrowded because of the

need to accommodate additional children being held on remand.

In addition, as stated by the Prime Minister in his March 2, 2010 address to the Parliament, the

housing of children at Adult Correctional Centres such as Fort Augusta and Horizon Remand

Centre either on Correctional Orders or on Remand, is inappropriate and unacceptable and is in

fact, in violation of the provisions under the 2004 Child Care and Protection Act (CCPA).

The situation governing the detention of children in Police lockups also continues to be a major

concern. There is an urgent need to refurbish existing facilities to accommodate the children in

conflict with the law who are being held in State institutions. The priority for refurbishment

should be determined based on current needs and the existing condition of the facilities.

The Catalyst for Reform

The Armadale Fire being the trigger for fundamental changes to the system, the Prime Minister

therefore committed the GOJ to inter alia:

Providing adequate accommodation for those children placed in the custody of the

State by the Courts and those awaiting appearance before or determination by the

Courts

Ensuring that the accommodation be sufficient to allow for the appropriate placement

of these children based on their peculiar circumstances and needs

Carrying out of effective programmes to address the behavioural problems of those

children in custody.

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Putting in place the correct institutional and policy framework for treating with

delinquent children who need to be reformed, cared for and mentored rather than not

punished.

Placing juvenile correctional and remand facilities under the Child Development Agency

which is better able to provide the type of support that these children require.

The Perspective of some Children in State Care

A series of focus group discussions were conducted with children in State care to listen to their

views and solicit their input regarding areas that require improvement and to inform the “next

steps” agenda.

A total of twenty six (26) children from three (3) Juvenile Facilities, namely; (Rio Cobre, Fort

Augusta (Juvenile Section) and Central Kingston Police Lock-up participated in these

discussions. The children spoke freely and related some good experiences, some concerns but

also made some suggestions for improvement. Table 4 is a summary of their responses.

The following represents some of the major findings which are stated in 3 broad areas, namely

positive experiences and reinforcements, areas of concern and suggestions for improvements.

1. There is need for improvement in bathroom facilities.

2. There needs to be improvement in meal preparation and in the quality of meals

provided.

3. Children want to be able to speak in court.

4. Children feel that they need privacy to speak with relatives.

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Table 2 Summary of Focus Group Responses

Positive Experiences and Reinforcements

Areas of Concern

Suggestions for Improvement

Access to education and being able sit CXC exams

Being able to participate in “sports day” and outdoor games

They named individual officers who treated them well

Being allowed to watch television

Sometimes meals were good “ Rice and Peas and Chicken with Pudding” on a Sunday

The “Behaviour Modification Programme” and the incentives

They felt generally safe, unless they were riots among other wards

Poor condition of general facilities including unhygienic bathrooms, lack of water and sometimes poor quality of the water,

Bug infested mattresses, having to sleep on the concrete at times

Meals, not tasty, no variety, no ice.

Verbal abuse from staff and from officers, including name-calling and physical abuse from some police officers

Medical problems publicized to embarrass them

No privacy when speaking with family members

When taken before the courts not allowed to speak and hand cuffs are generally too tight

Lock down periods are too long

Lack of skill training in areas such as; tailoring, auto-mechanics, woodwork, computer training

Bathrooms need tiling and access to clean water

Improvement in meal preparation as well as in the quality of meals provided and changes in the times that meals are served

Children want to be able to speak in court and need persons who will listen

Children request more privacy especially when speaking with relatives.

Increased levels of interaction instead of lockdown

A designated day for phone calls

Personal items to be brought in by relatives on visiting day

No more than 3 or 5 persons to a dorm, single beds – reduces conflict

Brightly coloured walls and lockers to store personal items

Uniforms for school

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The Policies and Protocols Framework

The Situational Context

The Current Policy and Regulatory Framework

Jamaica is a signatory to the Convention on the Rights of the Child and ratified the Convention

in 1991. The Convention outlines some general human rights principles and measures that

children are entitled to:

The right to non-discrimination

The best interests of the child

The right to survival and development

The right to express opinions freely on matters affecting him/her and to have those

views taken into consideration

The Government, in further demonstrating its commitment towards a protective environment

for children, enacted the Child Care and Protection Act (CCPA) in 2004.The CCPA (2004) brought

the legislation into alignment with international treaties.

The Act strengthens the care and protection of children by introducing new standards for their

treatment, while removing the fragmentation of legislation relating to their welfare. It brings

under one umbrella, measures concerning children previously embedded in the Juvenile Act

(which was effectively repealed with the enactment of the CCPA), as well as, the provisions in

over 20 other laws. It also draws on provisions applicable to children under the Offences

Against the Person Act. The CCPA therefore provides protection for all children (0-18), giving

attention to special categories of children such as “Children in Conflict with the Law”, “Children

in Need of Care and Protection”, and “Children Afflicted with Disabilities”.

The United Nations Convention on the Rights of the Child (CRC) Article 37b states:

“No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or

imprisonment of a child shall be in conformity with the law and shall be used only as a measure

of last resort and for the shortest appropriate period of time”.

The UN Committee on the Rights of the Child (UNCRC) in their 2003 Concluding Observations on

the Jamaica Periodic Report, made several legislative and policy recommendations to the

Government of Jamaica regarding the treatment of children in the justice system. Included

among them are the following:

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1. “Establish an independent mechanism to monitor the situation of children in conflict

with the law including children in juvenile detention centres and monitor preventive,

recovery and evaluation policies in this regard

2. Amend legislation to ensure children are not sentenced to life imprisonment

3. Strengthen efforts to educate and sensitize police personnel, judiciary and other staff in

the Juvenile Justice System to the provisions of the CRC especially concerning the special

needs of children deprived of their liberty to ensure the rights of the child.

4. Take further measures to ensure that detainees under the age of 18 are not kept in or

even placed in police lock-ups in substandard conditions

5. Improve the living conditions of children on remand and encourage communication

between the police and the children’s officers responsible for the placement of detained

children

6. Take further measures to provide alternatives to institutionalization of juvenile

offenders. In this regard, the Committee wishes to emphasize that article 37(b) of the

Convention requires that detention shall be a last resort and for the shortest period of

time possible

7. Evaluate and improve the standards of juvenile institutions such as Places of Safety,

including their living conditions, reintegration and psychological recovery programmes

and the quality of personnel”.

Ministries, Departments and Agencies (MDAs)

There are five key Ministries which are responsible for the protection of the nation’s children,

subject to the boundaries of their remit. These are the Ministry of Health, the Ministry of

National Security, the Ministry of Justice, and the Ministry of Youth, Sports and Culture and the

Ministry of Education. In addition to the foregoing, two other entities, the Office of the

Children’s Advocate and the Children’s Registry, with their respective mandates, were created

under the CCPA. All these bodies provide the (a) legal/legislative framework for the protection

of children, (b) the investigations into the incidence of abuse, and (c), social welfare

intervention policy on the incidence of violence and abuse.

Complementary to the MDAs, there are over one hundred and fifty (150) national, community-

based and NGO-led organizations across the island, that deal with issues pertaining to the

welfare and well-being of children. The International Development Partners (IDPs) play a

significant role in providing technical and financial support to both governmental entities and

NGOs.

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The two primary agencies with responsibility for the care and treatment of children in conflict

with the law are the Child Development Agency (CDA) and the Department of Correctional

Services (DCS). According to the Attorney General’s Chambers, the Corrections Act confers on

the DCS, the responsibility for Child Offenders placed in Juvenile Remand and Correctional

Centres. Administrative provisions for the operation and management of those centers are also

set out under the stated Act. In addition, the 2nd Schedule of the Act, establishes the rules

governing the administration of Juvenile Correctional Centres and the treatment of Child

Offenders placed in them.

The CDA’s mandate and functions are designated under the Executive Agencies Act (2002) and

its Scheme of Management. The Agency, as an Executive Agency under the portfolio of the

MOH, is mandated to ensure the safety, security, growth and development of children and

young persons in State care.

The CCPA provides the legislative framework on the care, protection and treatment of children

in general and in particular, those in need of care and protection by the State. The CDA is the

government agency presently mandated with the responsibility for administering the CCPA, and

is the primary agency responsible for all children who fall within the ambit of State care.

Present Policies, Plans and Programmes

Provisions are made under specific Policies, Plans and Programmes to ensure the preservation

of the rights of children in the care and custody of the State. Among them are the following:

1. The National Policy on Children (1997)

2. The National Plan of Action on Children (1990-2000)

3. The National Strategic Plan for Youth (2005)

4. The National Plan of Action for Children Orphaned or Made Vulnerable by HIV/AIDS

(OVC) (2003)

5. The National Strategic Plan for HIV/AIDS

6. The National Plan of Action on Child Justice (2006-2011)

7. The Report on HPM Taskforce on Children in State Care (2009)

8. The National Framework of Action for Children (2009-2013) (Multiple Reviews)

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Recommendations

The following recommendations cover a wide cross-section of critical areas that impact directly

on children who are residents of Remand and Correctional Facilities.

Programme Quality and Delivery

All educators delivering educational and skills development training programme to

children in State care must utilise the established curriculum commensurate with both

the age and grade level of the children.

All host schools2 must allow access to professional development and support service to

teachers/instructors in State Institutions.

Children in State care must be engaged in a structured educational and skills

development programme at all times.

Teachers

All teachers/instructors are to be properly trained and certified. The employment

arrangements are to be facilitated by the Ministry of Education and thereafter teachers

are to be assigned to the Remand and Correctional Facilities.

A special allowance is to be paid to all such assigned teachers/instructors

Staff Development

All staff must be trained with the requisite skills. Such staff training and skills

development must take into consideration service delivery to children irrespective of his

or her gender, race, communication level, literacy levels or sexual orientation, etc.

Access to Materials / Learning Instruction Guides / Instruments

Children must be provided with or allowed access to books and educational materials

and resources necessary to facilitate instruction and learning while in State care.

All learning materials and instruments are to be designed and teachers extensively

trained with the skills necessary to work with special needs children.

Children under Court Order must have access to the requisite instruction and resources

to continue examination preparations commensurate with grade levels.

2 A host school attachment is the created and approved association between a government school and another entity (in this

case a Juvenile Remand or Correctional facility) providing educational services. The arrangements for host school attachments include exposure to training and other professional development activities, technical guidance and support from the supervisory officer corps of the MoE to ensure compliance with established operational standards. The attachment requires on-going supportive relationship between the host school and the attached institution.

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Programme Assessment

An annual assessment must be conducted of all educational programmes to determine

levels of compliance with the national curriculum. Such activities are to be carried out

by The Ministry of Education/ National Compliance Commission.

Early Childhood Development

Early Childhood Institutions operated by the State must be registered and provisions put

in place to ensure consistency and compliance.

Children in State care 0 – 7 years must have access to early childhood education and

such institutions must be registered and be compliant with the Early Childhood

Commission guidelines.

Children Capacity/ Need Assessment

A preliminary assessment to include psychological, medical, literacy and cognitive

assessment of the child at the point of entry in a Remand Centre or Place of Safety must

be conducted by the CDA within 48 hours, but no later than five working days of the

child being admitted.

A comprehensive assessment must be completed for each child at the point of entry

into a Correctional Centre or a Children’s Home / LIFE Placement. Such assessment

must be carried out within 96 hours but no later than seven working days of the child

being admitted to the institution.

Preliminary and Comprehensive Assessment Guidelines are to be developed and staff

trained on its application. Such activities associated with the assessment must be

included as part of the Institutions Admission and Orientation Policy.

After Care Support

Grants must be provided to ensure children have access to funding to meet educational

and training needs during and after graduating from State care. This will ensure

programme continuity, while facilitating both the education and skills acquisition needs

of the child.

Certification for Children

Provisions must be made for each child to be awarded with a school leaving certificate.

Such certificate is to be issued by the host school.

Provisions must be made for each child participating in a skills development and

vocational training programme to be duly certified by the host institution.

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Socio-Cultural Development

Parental Commitment and Participation

Provision must be in place to ensure full participation of parents who must continue to

provide support for their children while they are in State care and to contribute to the

overall development of these children. Such engagements should be formally

established in writing and signed by all responsible Duty Bearers (Parents & State

Representatives).

Each parent must participate in a structured developmental programme, necessary to

ensure support for both child and parent/guardian.

Parenting Commission

The overall creation of a socio-cultural development programme must be subsumed as

part of the responsibility of the Parenting Commission, to ensure that such areas are

extensively covered in the National Parenting Policy.

Child Re-integration Strategies

A reintegration strategy must be identified and developed for each child released from

the system, into the wider community. This should be done by the CDA working in

collaboration with social mobilization agencies such as the SDC and community based

organizations (CBO).

A reintegration strategy must be identified and developed for each child, who by virtue

of his or her status will graduate to an adult Correctional facility. This must be designed

to ensure the optimum rehabilitation and empowering of the child to eventually

reintegrate into society.

The establishment of Child Protection Committees at the parish level which will, as part

of their remit, ensure the adoption of re-integration strategies targeting children leaving

State care. Such a strategy must embrace partnerships established with community-

based organizations, faith-based organizations and youth clubs, etc to provide support

and to enable a smooth transition of such children into their respective communities.

Re-integration strategies are to be activated no later than six months, prior to a child

being released from State Care and such strategy must include mechanisms for follow-

up and monitoring of the child or young person for a period, not less than twelve

months after the re-integration placement has occurred.

A comprehensive educational campaign targeting probation officers, case managers,

children’s officers, police officers and members of the Judiciary, must be developed and

delivered. Such a programme must outline issues relating to restorative justice, client

21

re-integration strategies and approaches and mechanisms for engaging both community

and families to provide support for children.

Probation Officer Report

Home assessment, where applicable, must be conducted prior to a child being released

from Remand and Correctional Facilities.

Findings from the home assessment, must inform the overall re-integration strategy for

a child leaving such facilities under special provisions such as children accorded licence

for good behaviour.

After Care Support

An After-Care Support Schedule is to be created outlining the types and levels of service

delivery for children, sixteen years or age or younger who are being released from State

care. A minimum of 6 months should be allowed as a period of transition, to assist re-

integration and re-socialization.

Transportation Provisions for Children Remanded

Provisions must be made for children to be transported to and from the Courts on the

scheduled dates for such appearances. The transportation must be in full compliance

with the “Riyadh” Guidelines.

Dietary Needs

Children must be provided with meals and other support commensurate with their

dietary needs prior to being transported to, during the time at the Courts, and following

his/her return from the Courts to his or her dwellings.

Court Personnel

Personnel working with children during their visits to the Courts must be trained to

provide support that is sensitive to both the age and gender of the specific child. Such

training must include, but may not be limited to, basic understanding of child rights,

child development and how to care for children with special needs.

Human Resources

Personnel who are recruited to work directly with children in State care must possess

the requisite skills and competencies and must be supported by a rigorous orientation

and skills development programme that supports the child’s developmental cycle.

22

A retention strategy must be developed, that must ensure continuity of care delivery for

children in State care.

A re-registration and re-certification programme must be instituted for Caregivers with

direct responsibility for supporting children in State care. This must be administered by

the Child Development Agency as a critical part of the Agency’s core functions.

Case Management - Remand at Police Lockup

Children are not to be held in a police lockup in excess of 48 hours. Families and the CDA

should be notified immediately the child is remanded.

Guidelines outlining methods of detaining, holding and care delivery to a child in a

police lockup must be developed and incorporated in the A-Z Manual. The A-Z Manual

articulates the holistic framework within which all agents in the Child Protection System

must operate when a child is remanded in custody.

Continuance of Sentence (Exit Assessment)

Children whose sentence continues into adulthood, must be prepared both

psychologically and physically at least 3 – 6 months prior to being transferred to an adult

institution.

An exit assessment is to be done for children who have a continuous sentence and who

upon attaining the age of 18 will transition to an Adult Correctional Facility. The exit

assessment must determine the relevant rehabilitation and a determination as to

whether the child or/ young person qualifies for parole / license.

Personnel must be trained in conducting various risk assessment and to develop any

other skills necessary to support children who are in State care. A refresher training

programme must be instituted to ensure continuity of knowledge and adoption of

modern practice. A general assessment of such training and tools must be conducted

annually to determine compliance.

Interviewing and Intervention Practices

A collaborative approach involving the CDA, JCF & OCA must be adopted when carrying

out interviews and interventions on behalf of the child.

Every child exiting State children’s institutions should be provided with critical personal

identification i.e. TRN, Birth Certificate, and a National ID Card.

23

After Care Support / Monitoring

An aftercare programme must be established to ensure continued rehabilitation and

monitoring of children who have committed a sexual offence, served their sentence and

are exiting at the age of 18 years.

Bail Offer Strategy

A new strategy must be adopted in the application of a mediatory approach in

determining the reasons and identifying solutions that will enable parents and/or

guardians to respond to Bail Offers for children who are in remand.

Transition Homes

Temporary residential accommodation is to be provided for children who will exit

Remand and Correctional Facilities and who do not have parental support, until they are

appropriately placed or are able to live independently. This will be provided both for

children (under 18 years) and young adults on attaining eighteen (18) years. A social

worker must be assigned to work with the child and his or her family or guardian to

ensure continuity of support for the child and family.

24

New Institutional Arrangements

The mandate of this subcommittee was to clearly define the roles of the Department of

Correctional Services (DCS) and the Child Development Agency (CDA) under the new regime.


The first point of contact for children in conflict with the law is usually with the police or the

CDA. Children in need of care and protection are clearly the responsibility of the CDA, however,

the Prime Minister has now designated the CDA to assume responsibility for children who come

in conflict with the law.

Currently the Police do not take all children in contact with them to the CDA even though

Section 12. (1) of the Child Care and Protection Act (CCPA), (2004) states that:

“A constable, a children’s officer or a probation and after-care officer may take to a

place of safety any child in respect of whom any offences mentioned in the Second

Schedule has been committed, or there is reason to believe has been committed, or who

is, in accordance with the provisions of Section 13, about to be brought before a

Children’s Court”.

This section is ambiguous and needs to be amended to ensure clarity. On one hand, it could be

interpreted as speaking about children who commit the offences mentioned in the Second

Schedule, thereby giving the responsibility to the Government Agency responsible for children

and hence taking them to a Place of Safety. However, Section 15 of the CCPA (2004) states that:

“Any constable may take into custody, without warrant, any person who-

(a) commits within his view, any of the offences mentioned in the Second Schedule;

(b) has committed, or whom he has reason to believe to have committed, any such

offence,

If the constable has reasonable grounds for believing that such person will abscond, or if

the constable does not know and cannot ascertain that person’s name and address”, it is

within his/her jurisdiction to remand in custody such a person. Hence, the problem is

multi-faceted as the Child Care & Protection Act in parts tends to merge certain

responsibilities, creating a blurring of the lines of responsibilities.

Reference is made to Section 15 (2) which states the option of the Bail Act which posits

accordingly that:

25

“ Where, under the powers conferred by this section, a constable arrests any person

without warrant, the officer or sub-officer of the police in charge of the station to which

that person is brought shall grant the person bail in accordance with the Bail Act, unless

he believes, on reasonable grounds, that the release of that person on bail would tend to

defeat the ends of justice, or to cause injury or danger to the child against whom the

offence is alleged to have committed”.

There is however, an inherent problem which is the underutilization of the facility to release

children on ‘bail’. Service providers state that the main reasons stated for children not taken to

the CDA once they come in contact with the police are the following:

Insufficient knowledge of the law

The law on the issue is imprecise

Lack of vehicles for transporting the children and or

Insufficient space in the Places of Safety

It is recommended that these shortcomings be addressed consistent with the CCPA (2004)

indicated in Section 67 (3) which states that:

“Where a person apparently a child is apprehended and is not released under subsection

(2), the agency responsible for the care and protection of children shall cause the person

to be detained in a juvenile remand centre until the person can be brought before a

court“.

According to Section 67 of the CCPA (2004), the civil liberties of the child in need of care and

protection and the child in conflict with the law, must be upheld. It is the Committee’s

submission that this interpretation is consistent with the objectives of the Child Care &

Protection Act (2004). Hence, even though a child is in conflict with the law, it does not mean

that the child cannot still be in need of care and protection.

26

Recommendations on the Role and Responsibilities of DCS and CDA in the New Regime

The Rationale for the Operational Aspects of the Juvenile Correctional Centres remaining with

the Department of Correctional Services

Operational Rationale

Section 47 (1) of the Child Care & Protection Act states in that:

“No person shall establish or maintain a children’s home except under a valid licence

granted to him by the Minister in respect of the home:

Provided that nothing in this subsection shall apply to –

(a) a juvenile correctional centre”

The establishment of a Juvenile Correctional Center does not fall under the operational

licensing ambit of the Child Development Agency. The operations of a Juvenile Correctional

Centre fall within the purview of the Department of Correctional Services which is governed by

the Corrections Act (2005) as stated in Section 48 (1) thus:

“The managers of any institution intended for the education and training of persons to

be sent there pursuant to the Child Care & Protection Act, may apply to the Minister to

declare the institution to be a juvenile correctional centre…”

This section speaks directly to the stated purpose of a Juvenile Correctional Centre, which is for

the education and training of persons (children) sent there pursuant to the Child Care &

Protection Act (2004). It is therefore not expected that the CDA would have any jurisdiction

over the operations of the Juvenile Correctional Centres. However, the CDA would play a

regulatory role in the monitoring of children in such Facilities. It is proposed that the remit of

the Child Development Agency be confined to the welfare of children in Remand and

Correctional Facilities and not in the assumption of responsibility to operate such Facilities that

should remain solely under the purview of the Ministry of National Security.

Of necessity, the CCPA will have to be amended to give authority to the CDA to monitor and

regulate the children who are sent to Juvenile Remand and Correctional Centres pursuant to

the Child Care & Protection Act (2004).

27

Legislative Rationale

The Child Care and Protection Act (2004) and the Corrections Act (2005) respectively, articulate

the powers vested in both Entities namely; the Child Development Agency and the Department

of Correctional Services. Both Statutes treat differently with children who are in need of care

and protection or those in conflict with the law.

The Corrections Act speaks to the rehabilitation of those who are placed in the custody of the

Department of Correctional Services (DCS). The DCS is therefore mandated by law, to

rehabilitate persons in its custody, including child offenders who have been sent to a Juvenile

Correctional Centre pursuant to the Child Care and Protection Act. There are distinct but

complementary objectives of the respective government agencies regarding the treatment of

children in need of care and protection of the State and those in conflict with the law. Aspects

of the Corrections Act and its Scheme of Management are either inadequate or deficient in the

care and protection of child offenders or are inconsistent with international standards.

The Task Force therefore recommends that:

The Juvenile Correctional Centres remain with the Department of Correctional Services.

Section 67 of the Corrections Act be amended to incorporate the regulatory role to be

executed by the CDA, in relation to Juveniles in Remand and Correctional Facilities.

The Child Care and Protection Act (2004) be amended to permit the CDA to also

monitor, inspect and regulate all Juvenile Remand and Correctional Centres.

The Accountability Framework

An Accountability Framework for all entities that interface with children who are wards of the

State is central to the development of the new institutional arrangements. The CDA, as the

primary Agent, will assume full responsibility for all children entering the system, until they exit

at eighteen years or at some other time, as determined by the Courts or as stated in their Care

Plan.

The following matrix outlines the main recommendations for improving cooperation and

collaboration between the Child Development Agency and the Department of Correctional

Services, in areas such as: pre-sentencing and remand, sentencing (Correctional Order) and

licensing and or early release. The matrix outlines the individual roles and responsibilities of

each agency.

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Table 3: Role of DCS and CDA under the New Regime

Child Development Agency Department of Correctional Services

The CDA is responsible for implementation of the

admission, assessment and placement

requirements as follows:

Admission – Develops a care plan which should

ensure the rehabilitative, social, emotional and

therapeutic psycho-social needs of the children

who are Wards of the State. (The child must be

involved in the development of the Care Plan).

Assessment – Monitors and is responsible for

the implementation of the Care plan and when

deficiencies are identified, the CDA must inform

the Superintendent and reports to the

Commissioner of Correction and other relevant

authorities (Management of Change strategies

would be needed to implement this)

Placement – Places the children on remand

using information from the admissions process.

(Child should be placed before a Placement

Committee which includes the DCS before

placement is made. A parent should be

informed by the CDA of the action taken.

The DCS on admission should be responsible for:

Orientation – this must be standardized

across the board and time bound.

Security – the organizational structure would

be similar to the current security and

operations side of the DCS in Remand Centres

currently.

Daily Health and Nutritional needs

Operational Aspects – This should include

protocols for disciplinary measures provided

by special staff which should not include

those providing psycho-social support.

The Standard Operational Procedures (SOP) is

currently being revised in collaboration with

CDA and should ensure that children appear

before the Court in a timely manner.

The police should continue to transport children

to Court for security reasons and is responsible

for their nutritional need while at court.

Education and skills training is the responsibility

of the Ministry of Education.

Sentencing (Correctional Order)


On admission, the CDA is responsible for

assessment, development and implementation

of the Care Plan.

In collaboration with DCS, the CDA can

recommend Home Leave.

The child on Home Leave would be monitored

by DCS and the CDA, with each Agency’s role

clearly defined and the appropriate Protocols

developed.

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Concluding Remarks

It is strongly recommended that the Juvenile Remand and Correctional Facilities remain with

the Department of Correctional Services, under the purview of the Ministry of National

Security. The operations of the physical facilities will be the responsibility of the DCS. However,

the CDA will be empowered to monitor and regulate the welfare of children in such facilities

and therefore, the regulatory functions will be articulated in the amendment to the existing

CCPA and the Corrections Act.

This new role will be reflected in the development of standards and will be executed through

regular inspection of such facilities by the CDA, to ensure that they meet the standards for the

treatment of juveniles consistent with the provisions contained in both National and

International Treaties and Protocols.

Licensing or Early Release


The CDA is responsible for the assessment of

the child’s Care Plan – psycho-social

programme/ intervention which would include

academic training, drug counseling,

conflict/anger management, team building,

psychological and psychiatric interventions.

The CDA is responsible for the Case

Management and must monitor agreements

with the Restorative Justice Process.

Prior to the child’s 18th birthday in preparation

for release, the CDA, based on the Care Plan,

should contact parent/guardian and conduct an

assessment. Preparation should also be made

for the child to be transitioned and

accommodated in temporary housing, for up to

six months.

Licensing – relates to a behaviour reward

system in the institution. After 6 months a

child can be recommended to be released.

The DCS would assess attendance, behaviour

modification, in keeping with the rules of the

institution to inform the decision making

process.

Restorative Justice Process – home and

community assessment.

Probation Officers must make contact with

the parents of the child. Some parents are

brought into the Probation office level

through Parent’s Day where child and parents

have longer periods to interact.

Visiting arrangements must include provisions

to facilitate interaction between parents and

the child.

30

The Legislative Framework3


The existing Statutes establish clear provisions for the monitoring of children in conflict with the

law, but the policy and legislative frameworks have not been utilized and enforced effectively.

This is particularly so, with regard to the provisions for the establishment and appointment of

the relevant authorities and personnel to oversee the effective delivery of services in Juvenile

Remand and Correctional Facilities. Whilst the Corrections Act (2005) requires the

appointment of inspectors for these facilities, this provision has not been effectively

implemented. There has been no appointment of special investigators assigned to the relevant

agencies, such as the Children’s Advocate and the Child Development Agency, to provide

external checks as mandated by the CCPA. In addition, the CDA has traditionally restricted its

monitoring and supervisory role to children in private and public Children’s Homes and Places

of Safety, notwithstanding its broad mandate under its Schemes of Management and the CCPA,

and its recognition of the sensitive issues in handling special needs of children in conflict with

the law.

As indicated in the Section above entitled “New Institutional Arrangements”, the Child Care &

Protection Act [2004] does not mandate the CDA to inspect Juvenile Correctional Centres. The

clear and decisive jurisdiction bestowed on the DCS by the Corrections Act, gives this particular

agency oversight of Juvenile Correctional Centres and the child offenders within them. Certain

provisions of the CCPA appear to restrict the functions of the CDA and implicitly recognize the

DCS’s jurisdiction over children in conflict with the law. For example, Under Section 67 of the

CCPA, the CDA is required only to cause a child who has been arrested (and not released for any

of the stated reasons), to be detained in a Juvenile Correctional Centre, until he is brought

before a court. The CCPA further stipulates that if found guilty, the child may be sent to a

Juvenile Correctional Centre, with no mention of the role of the CDA once this takes place. This

clearly implies that under the Corrections Act, the DCS thereafter, assumes sole responsibility

for the child.

3 The working group having met on two (2) occasions to consider the TOR agreed that the issues arising were already considered by the sub-committee on legislation and policy that was established under the Prime Minister’s Tasks Force on Children in State Care, 2009. The Task Force recommendations were presented to the Prime Minister along with other recommendations under a Legal Policy Component Matrix. These recommendations embody considerations and recommendations by stakeholders e.g. the Office of the Children’s Advocate, the Child Development Agency, Ministry of Justice (National Plan of Action for Child Justice) and Non-governmental organisations.

31

Recommendations

The recommendations are as follows:

Implement the recommendations for amendment to the Corrections Act and the Child

Care and Protection Act as outlined above to give effect to the new role that the CDA

should assume in monitoring and assessing children in State care.

Implement the recommendations of the Task Force Report on Children in State Care,

2009.

The CDA should assume fully the role and responsibilities to review and coordinate all

matters affecting children previously ascribed to the National Coordinating Committee.

Full implementation of the international standards governing juvenile detention will require

amendments to local laws. The Attorney General’s office advises that rules need to be applied

under the Corrections Act to provide for ‘… regular inspection and other means of control

carried out …. by a duly constituted body authorized to visit the juveniles and not belonging to

the detention facility’. This is important, as currently the Act contemplates inspections being

carried out by persons assigned to the DCS and not by an independent body. The Corrections

Act also does not currently make provision for children in detention or Correctional Centres to

have the opportunities to work for remuneration or to receive and use materials for leisure and

recreation “as is compatible with the interest of the administration of justice”. Other

amendments recommended are as stated:

Rules under the Corrections Act to provide for changes in admissions, registration,

movement and transfer process.

Rules under the Corrections Act (Section 82) to ensure the maintenance of appropriate

records and registers in the Juvenile Remand and Correctional Centres.

Rules to be instituted under the Corrections Act to allow for social and psychological

assessments and reports that will form the basis of the Care Plans designed for each

juvenile/child in custody.

Options Available to the Court

Placement of a child in a Place of Safety or a Remand Centre is dependent on the nature of the

allegations against the child. The National Plan of Action for Child Justice seeks to increase the

options available to the Court when faced with a child offender. The specific intention is to

allow the Court recourse to restorative justice options such as Community Service Orders,

Attendance Centre Orders, Corrections Orders of fixed duration, as well as, Mediation and

Reparation Orders.

32

The CCPA currently provides for many of these options to be exercised by the Court. What is

now required is immediate provision of the necessary mechanisms as outlined under the Plan

of Action for the implementation of these measures. Additionally, as per the advice of the

Attorney General, amendments and Rules should be made where necessary, to provide for the

expansion of the options available to the Court for the ‘sentencing’ of juvenile offenders. These

include amending the CCPA to include:

Attendance Centre Orders under the list of options available to the Court listed in

Section 78 of the Child Care and Protection Act (2004).

Reparation Orders to the list of methods available to the Court when dealing with a

child offender; and

Provision for a specialized regime to address children found abusing drugs

33

Assessment, Placement, Admissions and Orientation

Policies


Currently, children in residential State facilities fall into two major categories:

1. Children in need of Care and Protection, and

2. Children in Conflict with the Law

Children in Need of Care and Protection

Once reports are made to the Office of the Children’s Registry (OCR) or to the Police, the CDA’s

Social Worker visits the location and conducts investigation, through interviewing the child,

parents and other family or community members. If the child is attending school, interviews are

conducted with personnel from the child’s school. Depending on the nature of the case and the

interview findings, further referral is made as follows:

Sexual and Physical Abuse – to Centre for the Investigation of Sexual Offences and Child

Abuse(CISOCA)

Behavioural Issues – to the Child Guidance Clinic

Based on (a) the information gathered in the preliminary investigations (b) the level of security

risk and (c) the severity or level of threat to the child, the social worker may remove the child

from the existing situation to a Place of Safety.

In preparation for the child to be placed before the Family Court within 48 hours of removal,

the Social Worker who is a part of the Court Team, prepares a Statement and delivers it to the

Team Leader.

Children in Conflict with the Law - The Juvenile System Process

Once a child is taken to the police station, the age, date of birth, address, name of parent or

guardian and school (if attending) are ascertained. The Juvenile process involves personnel

from CISOCA and the CDA. No ward/child is questioned on the offence under investigation,

unless a member of the CDA, parent/guardian or lawyer is present. The charged is then

explained in the hearing of or in the presence of the parent or guardian.

34

Children in Custody of the Police

While children are in the custody of the police they are kept in a cell, in odd numbers (to avoid

pairing and to obtain objectivity), as there are no dormitories in which they can be

accommodated. While awaiting the disposal of the matter, before a Court the children are

entitled to a visit from family members, an attorney-at-law, social worker or a CDA staff

member or probation officer. Church groups are also allowed to visit the lockup to offer prayer

and counseling. Visits are supervised by police personnel. Children are provided with three

meals per day. Medical attention is provided, if required. Although there are no organized

educational activities provided, children are allowed to play board games for intellectual

stimulation or entertainment.

Court Process

A probation officer is assigned by the Court to conduct the social enquiry. Once the pertinent

information is ascertained, the child is taken before the Courts immediately.

Where there are alleged breaches of the Firearms Act, the child is taken before the Gun Court,

but for all other breaches, the child must appear before the Juvenile Court to be released on

bail, if offered and accepted; or otherwise, remanded in custody.

If a child/ward is remanded, it is the duty of the Jamaica Constabulary Force (JCF) to find a place

for the child/ward. If there is no appropriate space immediately available, the child will be kept

in police custody until a place can be found at a juvenile facility. Once the child/ward is placed

in the custody of the remand facility, the police are no longer involved in the process.

Remand Facility Process

A Writ of Commitment/Interim Order is taken with the child/ward to the remand facility. This

outlines the charges and is handed over to the remand facility personnel. The personal

valuables are taken from the child/ward and are logged. The only interaction the police will

have with the ward/child is when transporting the ward/child for Court appearance.

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Findings

Assessment Policy

The current assessment process and system in place for both the CDA and the Juvenile Remand

and Correctional Services do not provide for sufficient analysis and evaluation to enable the

proper classification of children. As a consequence, the proper basis for interventions best

suited to individual needs is stymied, inevitably affecting the best interest of the child.

Placement Policy

The current system does not facilitate the proper placement of children/wards. Placement or

assignment to certain programmes or facilities is not always appropriate to suit the individual

needs of the child/ward

Admissions and Orientation Policy

Current admissions and orientation procedures are developed and implemented by individual

State facilities. There is no existing standard Admissions and Orientation Policy and Procedures

for children in State care.

Recommendations

Assessment Policy

A standard assessment policy and approach is to be developed premised on a multi-

disciplinary approach, to include the educational, psycho–social, physical challenges and

medical needs, which facilitate appropriate individual care planning for children in State

care.

A standard Assessment Form for capturing the relevant data for each child must be

developed. This is very important for effective case management and to facilitate multi-

disciplinary assessment. A review of the existing forms revealed that more

comprehensive data are required to include:

a) An Intake section - which captures all relevant demographic data at the outset of the

process of the child being taken into State care.

b) An Assessment section – which captures all required levels of assessments

(educational, psycho-–social, physical and medical needs); and includes the

proposed treatment plan.

36

c) A Care Plan - which is designed to identify the various needs of the child. It should

also contain a schedule of relevant assessment including: risk assessment, medical

screening/referral to specialist, if required, psychiatric/psychological assessment,

detoxification, educational needs and scheduling of case conferences. The Care Plan

must be developed with input from the child.

Placement Policy

A standard Placement policy is to be developed to facilitate proper classification of

children being admitted into State care in facilities to ensure they are placed

appropriately, and receive services suited to their individual needs, as determined by a

thorough assessment.


The CDA, as the primary agency with the responsibility for all children in State care,

must develop a Standard Admissions and Orientation Policy and Procedure for children

in State care facilities. These policies and procedures will establish expectations, rights

and responsibilities of children/wards/parents and staff.

Contact with parent/guardian/caregiver should be established within 24 hours and the

latest, a maximum of 72 hours, of child/ward being placed in State care. In addition,

there must be communication with parents/guardian/caregiver no less than 2 days prior

to Court appearance.

Rigorous orientation must be developed and conducted for all children placed in

residential State care e.g. Managers/Case workers conduct interview and make contact

with parents/guardian/caregiver and advise of visitation procedures at each stage of the

process.

The Standard Handbook incorporating all protocols must be available to all staff of

residential facilities.

The rules of all categories of residential facilities are to be reviewed, standardised and

given to all stakeholders who must interface with the children.

Case Managers must manage case load effectively, and improve coordination of Court

activities.

Appropriate technology must be in place to facilitate comprehensive and ongoing

management, monitoring and evaluation of children in State-care.

The Care Plan developed for each child must be reviewed, preferably on a quarterly

basis, but minimally twice annually.

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Figure 1: Proposed Admissions and Orientation Procedures

Data Collection

Name, Court Date

(Remanding) Officer’s Name

Child Arrives to Facility

Child Arrives to

Facility

Basic Care Package

Assigned to and settled

into Dormitory

Manager/Superintendent

Conducts formal admission

(Recommend Standard Intake Form)

Child Introduced to

“Statement of Clients Rights”

Tour of Facility & Introduction to relevant

staff on duty

38

Case Management and Family Re-integration


In keeping with the provision and principles of the United Nations Convention on the Rights of

the Child (UNCRC, 1991), it is imperative that all children in the custody of the State receive the

care and protection that would enable them to meet their basic needs and afford them the

opportunity to reach their full potential. Case Management is an approach to arranging and

coordinating this care. It is based on the recognition that a trusting and empowering direct

relationship between the Caregiver/Social Worker and the client is essential to facilitate the

client’s access to services and to restore or maintain the client’s independent functioning to the

fullest extent possible.

The principle that underpins case management is individualized service delivery, based on a

comprehensive assessment that is then used to develop a Care Plan. The plan is developed in

collaboration with the client and reflects their choices and preferences for the service

arrangements being developed. The goal is to empower the clients and ensure that they are

involved integrally in all aspects of the planning and service arrangement.

The Case Management approach assumes that clients with complex and multiple needs, will

experience seamless access to available services from a range of service providers. . Effective

case management is based in service provision arrangements that require different responses

from within organizations and across organizational boundaries.

The Case Management Process involves:

Screening

Assessment/risk management

Care planning

Implementing service arrangements

Monitoring/evaluation

Advocacy

(Source: Case Management Society of Australia)

The relevant agency takes primary responsibility for the client, assigns a case

manager/children’s officer, who coordinates services and advocates on behalf of the client. It

involves placement in a programme that best suits the assessed needs of the child and ensures

the best outcomes, monitoring the progress of a client (a child) and referral to the services of

many different professionals, agencies, health care facilities and human service programmes

39

There are several agencies involved in the initial stage of a child’s first contact on entering the

child protection system. Whilst Case Management in general terms involves a coordinated

approach to the execution of duties and responsibilities , the current practice is one in which

the procedures and processes are agency specific (See process flow chart in Appendix 4).

Child Case Management Electronic System (CCMS)

The Case management process in the Entities is predominantly manual. There is an urgent

need to utilise technology that will enable the Agencies to be more effective and efficient in the

monitoring and management of children. The CDA has already developed the specifications

and requirements definition of such a system and as the primary agent with the responsibility

for children in State care will implement and manage the child protection system.

The CCMS when implemented will ensure that a unique record is captured and maintained per

client, along the continuum of services, from the point of access to the system (intake) to the

point of exit (independent living). The system will also enable the tracking of activities relating

to each child, irrespective of the point of contact within the system. It will also provide current

information in the form of status reports to inform decision making and actions to meet the

best interest of the children. Great care must be taken to safeguard the primacy of children

throughout the entire system.

Family Support and Re-Integration

The Child Care and Protection Act in Section 2. (3) (b) states that “A family is the preferred

environment for the care and upbringing of children and the responsibility for the protection of

children rests primarily with the parents.”

It further States in subsections (c) and (e) that “if, with available support services, a family can

provide a safe and nurturing environment for a child, support services should be provided” and

“kinship ties and the child’s attachment to extended family should be preserved if possible …….”.

Family Reintegration therefore, is a programme which seeks to maintain the family unit. It is

community based and aims to return the child on a Fit Person Order to kinship care which

means to the care of immediate/extended family after careful review and assessment. It seeks

to have a child returned to the biological family for rehabilitation after a period in State care.

40

Children & Family Support Unit (CFSU)

The Child and Family Support Unit (CFSU) of the CDA should be utilised to extend the Family

Reintegration programme to families with children in conflict with the law. The CFSU aims to

provide a supportive, sensitive, easily accessible and reassuring service to all its clients. The

focus is on delivering early intervention and prevention services and programmes for children

and their families. They will be assisted in making contact with other allied agencies that

provide social intervention services.

In discharging its obligation, the Children and Family Support Unit principal duties are, inter alia:

Providing early intervention strategies to both children and parents/guardians regarding

care options;

Counseling parents & children through group and individual family therapy and psycho-

social treatment using social work practices, tools and techniques;

Identifying social safety net programmes to make referrals, for example, Ministry of

Education, HEART/NTA, PATH, NYS, Salvation Army, Food for the Poor, Ministry of Social

Security, Victim Support Unit, Child Guidance Clinic, Social Development Commission,

Social Investment Fund, ODPEM, etc;

Conducting home visits to assess adjustment and observe group dynamic;

Providing advice on parenting and practical help from babies to adolescent;

Conducting individual sessions with children to help them take a more proactive role for

themselves such as building self esteem, managing anger, coping with bullyism, etc;

Supporting parents/caregivers/guardians with managing child or adolescent behaviour;

Building networks with other service partners in developing and delivering services to

clients based on an assessment of needs;

Providing crisis counseling management activities in response to issues impacting

children. This will include, but not limited to, counseling and other intervention support

at residential child care and Correctional facilities; and

Creating Child and Family Plans (Care Plans) to be used as a guide/map for care and

treatment, in order to reach the desired outcomes for each child and his or her family.

The Unit will be required to receive, screen and refer clients with mild to severe trauma as a

result of an abuse or at-risk youths and their families to the CDA Clinical Psychologists, in order

to benefit from more intense interventions. Children and Family Support Services must be

organized in such a manner that enables counseling and intervention, when offered to be done

in a structured and pointed manner.

41

Recommendations

1. Greater collaboration of all Agencies involved in the Child Protection System in the

continuum of care, with the CDA as the primary agent.

2. A centralized electronic Case Management System that allows access by all Agencies in

the Child Protection System.

3. Reduction in the staffing ratios in Case Management – Rotation of (case loads) in

keeping with international standards, bearing in mind the present economic constraints.

4. Cross training of employees involved in case management in the respective Agencies, in

areas such as policies, procedures and protocols and the applicable laws. .

5. The employment of additional staff in specialist areas to do assessments, e.g. Clinical

Psychologists, Behaviour Management Specialists.

42

Interdisciplinary Framework


Children in State care are considered by the United Nations to be a vulnerable population,

needing special interventions to address their unique developmental needs. Provision of care

for all children should be wholistic; encompassing mental, emotional, and physical health,

education and social well-being. Opportunities and provisions should be geared toward equity

of standard and life outcomes. In order to be successful, alternative care provisions require the

commitment and collaboration of Non-government Organizations (NGOs), as well as public and

private sector agencies.

The range of services for children in State-care in Jamaica is delivered by a variety of multi-

sectoral service-providers. The Child Development Agency (CDA), as the primary agency with

responsibility for all children who enter State care and the Juvenile Remand Centres, is

principally responsible to ensure that the physical facilities and related services required are in

place for children in Remand and Correctional Facilities.

The multidisciplinary approach to service provision for children and youth in protective and

Correctional care should, in its structure, continue to foster wholistic development to produce

positive change and ensure maximum benefits from educational opportunities, health and

social care. Jamaica’s pursuit of a rights-based approach to child protection is based on the

pillars of institutional strengthening, legislative reform and policy development. The underlying

tenet of ensuring legislative foundation to justify programme development and implementation

is further applied to the context of children and youth with special needs. As signatory to the

UN Conventions on the Rights of Persons with Disabilities (UNCRPD, 2006), Jamaica’s

commitment to the provision of quality and equitable educational provisions for the vulnerable

population of children with special needs, is documented in the ratifying of the UNCRPD, and

requires the necessary compliance and congruence with international and local legislative

instruments.

The proposed draft Policy on Special Education (Ministry of Education) advocates for the

provision of educational services for all children of school age, 6 to 18 years of age in the

context of non-discrimination, quality and equity. Special needs include cognitive and physical

impairments, as well as social, emotional and behavioural disorders that may be found among

children adjudged to be in conflict with the law, or otherwise court-adjudicated. A

comprehensive network of services encompassing education, rehabilitation and treatment for

children in State-care, must be the response to the range of needs for children in State-care.

43

The sub-committee recommends a comprehensive multidisciplinary approach to address the

rehabilitative and treatment needs of children in State-care. The recommendations are

presented accordingly:

Comprehensive Assessment

Education and Training (Mainstreaming)

Healthcare and Management

Transition to Independent Living

Prevention Programming

Provision for Special Needs

Recommendations

Needs Assessment of Child Offenders

In order to ensure that the needs of children in State-care are met adequately, a

comprehensive system of individual assessment is required to inform appropriate placement

and treatment decisions, based on identified needs or exhibited behaviours.

It is therefore recommended that the CDA:

Establishes multi-disciplinary teams to conduct assessment for identification and

classification of disability or other special needs;

Provides the recommended rehabilitative support to children;

Provides the support necessary to inform and equip staff with the desired skills for more

effective outcomes;

Engages in partnerships with independent professionals or professional organizations

to forge service-support agreements; or to secure commitments of voluntary service to

children in protective and Correctional State-programmes

Explores a range of supportive interventions and treatments to be implemented and

delivered in residential or non-residential arrangements.

44

Education and Training

The various remand and protective-care facilities have different strategies and programmes for

addressing the educational needs of children. The United Nations Conventions on the Rights of

the Child (UNCRC, 1991) and the UN Standard Minimum Rules for the Administration of

Juvenile Justice (1985), the Education Act (1980) and the Child Care and Protection Act (2004),

all have varying provisions under their respective mandates and the State must ensure that

children in State care are not disenfranchised of their rights to access quality educational

provisions necessary to their development.

In discussion with child offenders, some have identified the continued access to education and

their ability to take external exams among the positive features of the remand arrangements.

Others however, have raised concerns about their access to education and skill training. 4 The

recommendations for education and training are presented in relation to educational and

instructional resources (specific to on-site programmes), human resources and support.

Educational and Instructional Resources

The Ministry of Education (MoE) guides the CDA and DCS in a review of current on-site

educational programmes to determine their needs for educational resources (textbooks,

materials and other instructional resources; dedicated space for instruction and infrastructural

suitability for classrooms).

Human Resources

The CDA and DCS conduct an audit of instructional staff to ascertain their existing

qualifications and skills set and determine the training needs of staff to meet the needs

of the care and Correctional sector.

The CDA and DCS provide balanced allocation of social workers across care and

Correctional facilities

The Ministry of Education engages skilled and qualified teachers to deliver high quality

educational programmes to all children in State-care on-site arrangements.

Where necessary, itinerant teachers are engaged to work with children who may need

specialized instructional intervention or exam preparation

4 Summary of Focus Group Discussions with Child Offenders.

45

Support for Educators

Instructional Staff

To ensure compliance with professional standards for the instructional staff, the

Ministry of Education (MoE) provides technical guidance and supervision through

formalized host-school attachments. The organized support may be introduced initially

in facilities engaged in structured on-site educational programmes for institutions such

as Rio Cobre Juvenile Centre, Manning, Granville and Blossom Gardens Places of Safety

and eventually to all facilities meeting the established MoE criteria and standards for

educational services.

Supervision and monitoring of programmes for adolescents in Correctional facilities

include parish managers and field officers of the Jamaica Foundation for Lifelong

Learning (JFLL), where applicable.

Uninterrupted Provision of Educational Services

The CDA, DCS in collaboration with the MoE establish a system to allow children to sit

exams in the National Assessment Programme (Grade Six Achievement Test and Grade

Nine Achievement Test, for example).

Children preparing for external exams (CXC, CAPE, City and Guilds, etc.,) be allowed to

continue exam preparation. In the case of the technical subject areas, children must be

supplied with, or have access to the required apparatuses and instruments for optimal

preparation in technical subject areas.

The MOE has primary responsibility to ensure the uninterrupted provision of

educational services. The CDA must ensure that children are provided for in this regard.

Professional Development

The enhancement of the skills-set and provision of the requisite information to serve the needs

of this vulnerable population require continued professional development activities. These

activities will allow support for instructors in curriculum adaptation, and diagnostic and

prescriptive teaching strategies, to maximize student-performance outcomes. It is

recommended, therefore, that:

A system of continued inter-sectoral collaboration be established to ensure access to

available resources, as well as, workshops and other training opportunities

46

The related Ministries5 establish and maintain inter-sectoral collaboration and

consultation for staff development and capacity building.

The MoE will be the responsible agent for general oversight of all education and training

programmes for children in care and correctional facilities.

Skills Training

Consistent with the commitment to provide access to education and skills for children in State-

care, the Committee recommends that a skills training component be included in educational

programmes in all Care and Correctional facilities. The specific recommendations are that:

HEART/NTA evaluates existing skills programmes to determine the skills programmes’

rigor and readiness to be considered for certification based on accreditation or

certification standards

Determine the type of accommodations for learning or remediation that might be

possible for this population of students, who would not have attained the desired

literacy functioning level to enter the programme

The JFLL and HEART/NTA collaborate to determine the assessment activities to be

conducted to assist and place adolescents in appropriate skills or other programmes

(High School Equivalency Programme – HISEP)

NYS and HEART/NTA collaborate to direct the placement of adolescents who might be

suitable for the Career Advancement Programme (CAP) and other programmes

Special Needs

Services for children with special needs in State-care have been significantly hampered because

of the dearth of practitioners in the area. The CDA as the responsible agency into whose care

children are delivered would ensure that appropriate placement and services for children

identified with special needs, including those with emotional-behavioural disorders, intellectual

disabilities, physical disabilities, or those who are medically fragile are in place.

The committee recommends:

Referral to ensure early identification of disabling conditions at the time of initial

assessment and social enquiry on admission to the system.

5 Education, Health, Labour and Social Security; Justice; National Security; Youth and Sports; and other government agencies

47

Rationalization of existing institutions to create and include specialized institutions (as

seen in the model employed by the Mustard Seed Communities). Such arrangements

will offer more appropriate options for intervention and rehabilitation for children with

special needs who would be in State-care facilities

Establishment of half-way or transitional houses for young adults (18+ years) with

special needs who remain in State-care because they have no families with which to

reunite, being released from State-care.

Healthcare Management

The new system requires that the State provides accessible, affordable and comprehensive

integrated health-care for children in State run facilities. The following recommendations are

made to support the model of comprehensive care.

That the CDA, in collaboration with the Ministry of Health;

Based on initial assessment and mental health screening conducted upon entry to the

system, provides further assessment and follow-up care for all children requiring such

intervention.

Provides comprehensive referral and age-appropriate services at the community level

for all children in State-care.

Each facility should embark on a structured Health Promotion programme which should:

Educate all children in healthy lifestyle habits (nutrition, sexual and reproductive health,

drug awareness, violence prevention strategies and environmental health).

Conduct health promotion and sensitization activities in each facility.

Institute a minimum of 30 minutes of physical activity per day, for at least five days per

week in all facilities, to assist with stress relief and anger management.

Implementation of these strategies will require screening, treatment/care, evaluation, referral

and networking with other government agencies. To ensure a coordinated approach, it is

recommended that:

The CDA should, as part of its overall case management responsibility, liaise with service

providers (Non-Governmental Organizations; Faith-Based Organizations; and

48

Community-Based Organizations) to develop integrated and comprehensive curative,

preventive and rehabilitative services for children in conflict with the law.

A comprehensive healthy lifestyle awareness programme which should incorporate the MoE’s

Health and Family Life Education (HFLE) Curriculum, currently used in primary and secondary

schools in the public system, along with other materials from the Ministry of Health and the

Ministry of Education.

Transition to Independent Living

While family re-integration is seen by the child protection system as ideal, in some cases, this is

neither desirable nor feasible. In other instances, families may need to be sensitized in

preparation for the child’s reintegration into the family. Consequently, the CDA, through its

social welfare component, should provide services to facilitate the transition of youth from

State-care into independent living. In order to accomplish this goal, it is recommended that the

CDA accordingly:

develops through its Comprehensive Care Plan, the child’s social reintegration strategies

and

identifies treatment and rehabilitative services or modalities to allow transition into

independent living.

To facilitate successful community reintegration, provision from the State should include:

A ‘one-off’ financial grant to youth leaving from State-care

‘Purpose-built’ homes to accommodate transitioning youth, giving due considerations

for appropriate levels of care. This is particularly important where family reintegration is

not immediately feasible or possible and wider application of the Family Reintegration

Programme used by the CDA.

Prevention Programming

A key responsibility of a modern juvenile justice system is the support and implementation of

prevention programmes to avert children deemed at-risk, coming in conflict with the law. Such

prevention programmes minimize institutionalization and reduce the subsequent demands on

Juvenile Correctional Facilities. In the last decade, the Jamaican juvenile justice sector has

experienced an increase in the number of children entering these facilities.

49

It is strongly recommended that an effective prevention programme be instituted with three

clear objectives, namely:

To minimize institutionalization through programmes of diversion

To strengthen existing youth diversion and prevention programmes

To introduce programmes to enhance parenting skills and parent accountability

The CDA and DCS, in collaboration with NGOs and community partners must establish a

structured framework of training and continued support in areas of prevention to divert

juvenile criminal behavior. In its implementation, this framework should:

articulate the role of the CDA, DCS, and the Ministries of National Security and Justice in

incorporating their respective diversion and prevention programmes and sensitization

activities to targeted schools and the wider community

include the YMCA, the YWCA and NYS in the mentorship and leadership programmes to

facilitate the development of social skills, as well as, wholesome and supportive

relationships among juveniles.

include the MoJ and DCS in organizing and delivering public awareness campaigns on

the youth diversion and restorative justice processes, and

include the DCS in providing programmes to support parents/caregivers in handling

behaviour management challenges.

A multi-pronged approach, buttressed by a comprehensive needs assessment and a case

management strategy executed effectively, are among the best available options for addressing

issues of rehabilitation and restoration of children in conflict with the law.

50

Physical Facilities

Guiding the deliberations to inform the appropriate physical facilities were the following

objectives:

1. Visits to facilities and examine the existing infrastructure.

2. Focus groups with children housed in State facilities conducted.

3. Research and review international best practices for residential facilities.

4. Profile of ideal residential facility developed.


The Government of Jamaica through the DCS and the CDA provides residential accommodation

for children placed in State custody by the Courts. Presently the two entities operate fifteen

(15) facilities. These facilities provide a variety of services to clients. The facilities are in varying

States of repair and there is a need to establish standards with respect to the physical facility to

ensure that they provide a safe and secure and environmentally friendly space for the children.

The committee members visited several of these facilities as listed below to obtain a firsthand

knowledge of what exits and developed a profile of each Centre with details contained in

Appendix 5.

St. Andrew Juvenile Remand Centre

Homestead Place of Safety

Hill Top Juvenile Correctional Centre

Granville Place of Safety

Diamond Crest Juvenile Correctional Centre

Rio Cobre Juvenile Correctional Centre

Manning Children’s Home

Highlights of Focus Groups

The Committee, cognizant of the importance of active participation of children in decisions

concerning their safe custody, hosted focus group discussions with children at the following

facilities:-

Fort Augusta Adult Correctional Centre (Juvenile Section)


Central Police Station

51

A total of twenty six (26) children participated in the study and the main findings are as stated:

1. There is need for improvement in bathroom facilities.

2. There needs to be improvement in meal preparation, as well as, in the quality of meals

provided.

3. Children want to be able to speak in Court.

4. Children feel that they need privacy to speak with relatives.

The ideal facility

The team developed requirements for an ideal facility based on the National Building Code,

International Best Practices taken from Delaware and Arizona Juvenile Detention Centres in the

United States of America. (See Appendix 6)

Among the features of the ‘ideal facility’ are the following:

Visitors’ room, reception areas, counselling rooms, multi-purpose rooms and single

rooms rather than dorms

A medical centre/area

Laundry, kitchen and dining facilities

A heli-pad for evacuations

One bathroom to a maximum of ten children

Marked emergency exits and a clear evacuation plan

Basic emergency equipment such as fire extinguishers

Ramps for wheel chair access and bathrooms for physically challenged residents.

Each facility was compared with the ”ideal facility” and a rating assigned respectively. The

following table outlines the ranking assigned to each facility.

Table 4: Ratings of Physical Condition of State Facilities

EXISTING FACILITIES LOCATION GRADE FOR EXISTING

CONDITIONS

Blossom Gardens Nursery Montego Bay, St. James Good

Homestead Place of Safety Stony Hill, St. Andrew Good

Manning Boys Home Southfield, St. Elizabeth Good

Granville Place of Safety Garrick Foyle, Trelawny Good

Hill Top Juvenile Correctional Centre Bamboo, St. Ann Good

Glenhope Place of Safety Maxfield Avenue, Kingston Fair

Glenhope Nursery Maxfield Avenue, Kingston Fair

52

Summerfield Children’s Home Chapleton, Clarendon Fair

Windsor Children’s Home St. Ann’s Bay, St. Ann Fair

Muirton Children’s Home Manchioneal, Portland Fair

Marigold Nursery Lady Musgrave, Kingston Fair


Spanish Town, St. Catherine Fair

St Augustine Place of Safety Chapleton, Clarendon Poor

Diamond Crest Juvenile Correctional Centre

Alligator Pond, St. Elizabeth Poor

St Andrew Juvenile Remand Centre Stony Hill, St. Andrew Poor

Musgrave Children’s Home Lady Musgrave, Kingston Buildings destroyed by

fire and later

demolished

Montpelier Juvenile Correctional Centre

St. James Facility not in Operation

The attached matrix highlights the findings and the gaps identified. The rating assigned to each

facility was established by comparing existing conditions to the ideal conditions (Appendix 7).

Status of physical facilities

Renovation and Rehabilitation of Existing Facilities

Arising out of the tragedy that occurred at Armadale in 2009, the Prime Minister, gave a

commitment to “provide adequate accommodation for those children placed in the custody of

the State by the Courts and those awaiting appearance before or determination by the Courts.”

In this regard, the stock of buildings accommodating children in State care was examined and

the following were selected for renovation/reallocation of use. The present status is as stated:

Metcalfe Street

This is to be retrofitted as a juvenile remand centre for boys with a capacity to house two

hundred and eight (208). Upon completion all boys on remand in Police Lock-Ups, will be

transferred to this facility, thereby removing the responsibility for remandees from the custody

of the JCF. The renovation is estimated to cost $149 M. The JDF has been tasked to undertake

the infrastructural works and the Centre will be completed in 2010.

53

Copse

The Copse Place of Safety which falls under the ambit of the CDA is in a State of disrepair and

was closed in 2008. It was proposed that the property be renovated and new buildings

constructed at a cost of $86m. This was to be funded by the National Health Fund (NHF).

The preliminary stage of this project was completed to include design, costing/bills of quantities

and working drawings at a cost of $2.265m. The project was subsequently placed on hold by

the National Health Fund.

In March 2010, the JDF was mandated by the Office of the Prime Minister to head a committee

that was established to examine the design considerations and cost associated with the

proposed construction of a Juvenile Correctional Centre. The proposal was that Copse should

be renovated/retrofitted at a cost of $292m, for use as the remand centre for the Western

Region. The JDF also submitted an alternative plan to erect a new purpose –built facility on the

same site incorporating some of the existing buildings. A new dorm is being constructed by

German friends of Jamaica and is almost completed.

Diamond Crest Juvenile Remand Centre

This facility was a former hotel which has been retrofitted to accommodate girls on

Correctional Order since the fire at Armadale. The facility can accommodate forty (40) girls. A

Cabinet Submission is being drafted for approval to purchase the property at a cost of $46 M.

There is sufficient land space to erect additional building to increase the capacity.

St. Augustine Place of Safety

This facility is operated as a Place of Safety for boys and is the only facility of its kind since the

closure of Copse in 2008. The main building is aged and its structural integrity is in doubt. The

proposal is to construct a new block to house administrative offices and dorms.

St. Andrew Juvenile Remand Centre

Upon the completion of Metcalfe Street the Centre will be retrofitted as a remand facility for

girls. Presently, there is no remand facility for girls in the island. There is limited space for

expansion. However, the property across from the facility now being used as a playing field

belongs to the Government of Jamaica and can be “reclaimed” and factored in the expansion

plan for the facility.

54

Armadale Juvenile Correctional Centre

The Ministry of National Security is contemplating the establishment of a rehabilitation village

for girls on the site. The concept is similar to that of the arrangement of the SOS Children’s

Village in Stony Hill. The UK, through the DFID Programme had expressed interest in funding the

project when the decision was taken to establish the Village in St. Mary. A change of site

became necessary as the land in Lower Esher St. Mary was said to be slipping. DFID was

approached to fund the project at the new site and a response is awaited.

Musgrave Children’s Home

The site was destroyed by fire in 2007 and the building subsequently demolished. The proposal

is to construct a treatment centre and the administrative offices of the CDA. Proposals have

been made for funding to erect same.

Montpelier Juvenile Correctional Centre

This was originally designated as a Correctional Centre for boys. This proposal is to be revisited

to determine its future use.

Challenges

The lack of building plans being readily available has stymied expeditious assessment of

the buildings/properties. The National Land Agency is pursuing this matter and a

response is awaited.

Clarification of ownership of property and the acreage under control of the agency /

department. This is also being sought from the National Land Agency.

Recommendations

To be able to rationalize space to accommodate adequately Wards of the State:

The National Land Agency is to provide details of ownership of properties occupied by

DCS and CDA, and

a comprehensive space audit of the facilities is also to be undertaken

The number of Homes/Centres that are available to accommodate the increased number of

children in conflict with the law, is woefully inadequate. In reviewing the Centres, ten of the

seventeen facilities are stated in fair condition and three are listed as poor.

55

Two of the seventeen facilities are not in operation and will require funding for repair and

refurbishing to become habitable. It is therefore critical that the physical facilities be addressed

as a matter of urgency to accommodate appropriately children in conflict with the law.

The current facilities must be retrofitted and renovated to alleviate the overcrowding now

being experienced within the DCS and the CDA facilities. Additional facilities will obviate the

need to house children in police lock-ups for prolonged periods, thus exposing them and

making them more vulnerable.

In designing facilities for children, due consideration must be given to the unique requirements

of the population being served, therefore units should be designed to maximize staff

supervision without compromising security.

The facilities must become arenas that promote positive behavior and enhance the safety of

both residents and staff.

56

Conclusion

The current situation of children in the juvenile justice system requires urgent attention and

resources to enhance the total well being of the children it serves. . A shift in focus with

emphasis on the rehabilitative components, rather than the punitive is an imperative. Despite

the strengthening of the laws to provide better protection for these children, the data show

that practice has not kept pace with current trends. The system has not developed the capacity

to respond adequately to the increasing demand for spaces, nor has it implemented child-

centered, rights-based interventions for the rehabilitation of child offenders, consistent with

International Agreements or our existing laws. Consequently, children are being housed in

facilities which are totally inappropriate.

The recommendations presented in this report are multidimensional, and require a multi

disciplinary approach for effective implementation. In broad terms, the proposed new regime

articulates:

The clarification of roles of the primary agencies with responsibilities for monitoring and

assessment of children in the juvenile justice system, namely the CDA with its newly

articulated role and responsibility for children in conflict with the law and the DCS.

The proposed legislative and administrative changes required to give effect to these

new roles.

The expansion of the Case Management approach currently used for children in Places

of Safety to children in conflict with the law. This approach will be informed by

assessments made by qualified psychologists and other behavioural management

professionals and includes mechanisms for providing more consistent monitoring of the

system.

The improvement of educational opportunities offered, with emphasis on access and

quality of the education provided for these children, with the Ministry of Education

having primary responsibility for such children.

The role of the Ministry of Education in collaboration with the DCS and CDA to ensure

that the education standards in Juvenile Remand and Correctional Centres meet the

same standards established for the general school aged population.

The need for renovating and redesigning some of the current facilities to meet the

unique requirements of the population being served.

It should be noted, that a modification has been proposed to the directive issued by the Prime

Minister in his statement addressed to the Parliament on March 2, 2010 in which he stated that

“The government has decided that Juvenile Correctional and Remand facilities should be placed

57

under the Child Development Agency which is better able to provide the type of support that

these children require. The Attorney-General is to advise on the legal and/or legislative actions

that are required to give effect to this”. The ramification of the CDA assuming that responsibility

was carefully deliberated by all major stakeholders and the compelling recommendation is that

the Juvenile Remand and Correctional Facilities should remain under the purview of the

Department of Correctional Services within the Ministry of National Security.

The CDA will assume full responsibility for all children in State care to include children in conflict

with the law. Consequently, the CDA will play a regulatory role which will require careful and

systematic monitoring and assessment of all children who are in Juvenile Remand and

Correctional Facilities.

58

APPENDICES

Appendix 1: List of Committee Attendees

1. Mrs. Pat Sinclair McCalla - Public Sector Transformation Unit,

Chairperson

2. Mrs. Audrey Sewell - Ministry of Education

3. Dr. Michele Meredith - Ministry of Education

4. Mrs. Mary Clarke - Office of the Children’s Advocate

5. Mrs. Rosalie Gage-Gray - Child Development Agency

6. Mrs. Marlene Gooden - Child Development Agency

7. Ms. Netricia Miller - Ministry of Health

8. Mrs. Florette Blackwood - Ministry of Youth, Sports & Culture

9. Ms. Ruth Carey - Ministry of Justice

10. Mrs. Charmaine Nelson - Public Sector Transformation Unit

11. Ms. Laura Plunkett - Ministry of National Security

12. Mrs. Carla Francis-Edie - Office of the Children’s Registry

13. Supt. Q.W. Morgan - Jamaica Constabulary Force

14. Insp. A. A. Byfield - Jamaica Constabulary Force

15. Major Dervon Lewis - Jamaica Defence Force

16. Mrs. Alison McLean - Child Development Agency

17. Insp. Allison Byfield - Jamaica Constabulary Force

18. Mr. Gile Campbell - Department of Correctional Services

19. Ms. Mabel Morris - Department of Correctional Services

20. Mr. Dwayne Cargill - Office of the Children’s Advocate

21. Lt. Col Sean Prendergast - Department of Correctional Services

22. Mr. Clifton Rodgers - Department of Correctional Services

59

Appendix 2: Working Groups and Focus Areas

Focus Areas Group Members

1. Policies and Protocols Audrey Budhi - Chair Newton Douglas- CDA Ruth Carey - MoJ Courtney Berry -OCA Janet Davy - DCS Q.W. Morgan - JCS

2. Institutional Roles (CDA vs DCS) Mary Clarke - Chair Mabel Morris - DCS Janet Davey - DCS Nicole Wright - OCA Audrey Budhi - CDA Q.W. Morgan - JCF Ruth Carey Dwayne Cargill

3. Legislative Framework Netricia Miller - MoH

4. Assessment and Placement Policy


Marlene Gooden- CDA - Chair Q.W. Morgan - JCF Allison Byfield - JCF Michelle Meredith - MoE Laura Plunkett - MNS Mabel Morris - DCS

5. Case Management System

Family Support and Reintegration

Carla Francis-Edie - OCR – Chair Allison Byfield - JCF Valerie Muhammad - CDA Rosalee Gage-Grey - CDA Janet Davy - DCS

6. Interdisciplinary Framework Michele Meredith - MoE – Chair Mary Clarke - OCA Ina Fairweather - DCS Ruth Carey - MoJ Simone Smith Parkin – NYS Beverley Williams – NYS Laura Plunkett - MNS Sarah Newland-Martin - YMCA Joi Chambers - MoH Rose Robinson-Hall - OCA

7. Physical Facilities Laura Plunkett - Chair Rosalee Gage - Grey Sharon Smith - CDA Dennis Howell -MNS Clifton Rodgers - DCS Emeki Edwards - NEPA Winston Jackson - NEPA Vivian Gordon - MOJ

60

Appendix 3: Statement by the Prime Minister

REPORT OF THE ARMADALE ENQUIRY

Tuesday March 2, 2010

Overview

The report of the Commission of Enquiry into the tragedy that occurred at the Armadale

Juvenile Correctional Centre on May 22, 2009 is being tabled in the House today.

The sole Commissioner, retired President of the Court of Appeal, Mr. Justice Paul Harrison,

found negligence on the part of the State and dereliction of duty, administrative errors,

unlawful conduct and indifferent and insensitive actions on the part of some public officials

who were responsible for the operation of the Centre or who were involved in the events

preceding, during and after the fire in which seven girls aged between 15 and 17 perished.

Cabinet Review

The report was considered at length by the Cabinet yesterday. It has also been referred to the

Director of Public Prosecutions, the Acting Commissioner of Police and the Public Service

Commission for such action as they consider appropriate in relation to those persons whose

conduct has been called into question by the findings of the Commission.

Arising from these findings

Arising from these findings, the Acting Commissioner of Police has already ordered the

interdiction of four members of the Jamaica Constabulary Force. Investigations into their

conduct are being carried out.

Where I have the authority to do so, appropriate action will be taken.

While public officers must be held accountable for the discharge of their duties, the

government must accept ultimate responsibility for the circumstances that led to the Armadale

tragedy and for the inadequate facilities provided to care for children who are placed in juvenile

Correctional or remand facilities. Resource constraints do impose a heavy burden on public

officers who work in these facilities but it cannot explain or excuse negligence or inertia.

Juvenile Correctional Centres

There are three Juvenile Correctional Centres and one Juvenile Remand Centre with a total

capacity of 311. Up to last Thursday, February 25th, these facilities accommodated 325 children,

286 of whom are the subject of Correctional orders issued by the Courts and 39 who are being

held on remand. However, an additional 124 children are being housed at other facilities which,

61

although declared as juvenile institutions for purposes of the law, are not appropriate for the

custody of children. These include:

35 girls at Fort Augusta Women’s Correctional Centre (10 of whom are on remand)

31 children at Horizon Remand Centre – 2 girls plus 29 boys (on remand)

68 children (64 boys and 4 girls) being held at 13 Police lockups across the island.

These figures indicate that the capacity of both our juvenile Correctional and remand centres is

fully exhausted and the Correctional centres are, in fact, overcrowded because of the need to

accommodate additional children being held on remand.

The Housing of children

The housing of children at adult Correctional centres such as Fort Augusta and Horizon either

on Correctional orders or remand is inappropriate. The detention of children in Police lockups is

unacceptable. This situation cannot be allowed to continue.

We must provide adequate accommodation for those children placed in the custody of the

State by the Courts and those awaiting appearance before or determination by the Courts. The

accommodation must be sufficient to allow for the appropriate placement of these children

based on their peculiar circumstances and needs and for the carrying out of effective

programmes to address their behavioural problems.

Measures To Address These Problems

I wish to advise the House of the following measures to address these problems:

Work will commence within the next few weeks on the renovation and outfitting of the

Montpelier Youth Camp in St. James which will provide accommodation for 250 children and

will be designated a juvenile Correctional centre for boys, i.e., boys in respect of whom

Correctional orders have been issued by the Courts.

The boys currently housed at the Rio Cobre Juvenile Correctional Centre will be relocated to

Montpelier when it is completed. Thereafter, the Rio Cobre Centre will be designated a juvenile

Correctional centre for girls.

The former youth camp at Cape Clear in St. Mary, now being used as the regional offices of the

Social Development Commission, will be converted into a juvenile remand centre to house boys

who are to be taken before the Court or are awaiting a decision of the Court. The boys being

housed at the St. Andrew Remand Centre in Stony Hill will be transferred to Cape Clear and the

Stony Hill facility will then be designated a juvenile remand centre for girls. The intention is to

ensure that children on remand are housed in separate facilities from those who are the

subject of Correctional orders.

62

As soon as the Cape Clear facilities become operational, there will be no reason for children to

be held at police stations longer than is necessary to arrange for them to be transported to the

Cape Clear facility. Nor will any of these children have to be held at adult Correctional

institutions. Court room space will be provided at Cape Clear so that children housed there will

not have to leave the premises for attendance at court.

The Hill Top Juvenile Correctional Centre Hill in St. Ann will be retained as a high security facility

for boys. The Diamond Crest Correctional Centre in St. Elizabeth will be used for girls who have

particular behavioural problems and require special attention.

The Jamaica Defence Force will be undertaking the works that must be carried out at both

Montpelier and Cape Clear and I have mandated them to have these facilities ready as early as

possible.

Arrangements are being made for the SDC’s regional offices to be relocated to the new Port

Maria Civic Centre which is almost completed and I wish to express appreciation to Custos

Bobby Pottinger and Mayor Richard Creary who are working together to facilitate this.

Juvenile Correctional and Remand Centres currently fall under the Correctional Services. It is

the view of the government that this is inappropriate. The Correctional Services are designed

for treating with adult criminal offenders. The objective of their incarceration is both

punishment and rehabilitation. We do not consider this to be the correct institutional or policy

framework for treating with delinquent children who need to be reformed, cared for and

mentored – not punished.

Correctional Officer Training

It is noteworthy that two Correctional Officers who gave evidence before the Commission

testified that their training did not include modalities for dealing with juveniles. The

Commissioner recommended that Correctional officers at juvenile institutions should be

trained in psychology, anger management, stress control and counselling.

Child Development Agency Responsibility

The government has decided that Juvenile Remand and Correctional Facilities should be placed

under the Child Development Agency which is better able to provide the type of support that

these children require. The Attorney-General is to advise on the legal and/or legislation actions

that are required to give effect to this.

63

Commission’s Findings and Recommendations

The report of the Commission contains several findings and recommendations concerning the

management of juvenile facilities:

The care and treatment of wards including their physical, emotional and psychological needs

and educational requirements. Every effort is being made to address these issues.

Immediate steps are being taken to ensure compliance with basic standards for safety, health

and sanitation at all juvenile Correctional and remand facilities. The programme for

rehabilitation of children placed on Correctional orders and for the care of these as well as

those on remand is to be reviewed and modernized. This will include:

Staffing requirements and the recruitment and training of all persons employed at these

institutions.

Provision of accommodation at Montpelier and Cape Clear, in the first instance, for a

minimum level of staff to reside on the premises, and, thereafter, at all similar

institutions.

Development of an Admissions and Orientation policy for juvenile centres.

Maintenance of a case management system for each ward.

Design of a new rehabilitation programme to be monitored and evaluated on a regular

basis.

In addition, a multi-sectoral team involving representatives of five Ministries and nine agencies

has developed a draft National Action Plan for Child Justice which is to be submitted to Cabinet

shortly. This includes proposals for:

A Child Diversion Programme to facilitate strategic intervention in respect of child

offenders before they require law enforcement or court action i.e., pre-charge, non-

criminal infractions.

A Caution System in which child offenders are warned and referred, if necessary and

with the consent of their parents or guardians, to appropriate programmes such as

counselling, training or drug treatment.

Provision for community service orders, curfew orders, mediation orders and

rehabilitation orders.

The report of the Commission of Enquiry also makes recommendations for limiting the use of

Correctional orders and greater use of guardianship, fit-person and supervision orders. This, of

course, is a matter for the Chief Justice to whom the recommendation has been referred.

64

The Public Sector Transformation Unit has been asked to assist in developing a new regime and

structure for the management of juvenile Correctional and remand facilities in consultation

with the Child Development Agency, the Children’s Advocate and the Ministries responsible for

security, education, health and youth.

Concluding Remarks

The awful tragedy that occurred at Armadale should not have been allowed to happen. We

must ensure that no such tragedy ever again occurs.

Some wards of our juvenile Correctional institutions have turned out to be exceptionally good

and successful adults. We must strive to ensure that they are not the exception but become the

norm.

65

Appendix 4: Process Flow

Care & Protection (CCPA 2004 –

Section 8)

Abuse

Uncontrollable behaviour

Truancy

Drug Abuse

Bad Association

Authorised Persons (Police, COs, PACO)

Diversion (Min of Justice – Child Diversion

Protocol)

Kept in Custody Pending Court Appearance

Cautioned & Released

Released on Bai1 to parent or guardian

Child Comes into Contact with the State

Conflict with the Law (Corrections

Act 1975 – Section 12)

Commits an Offence

Remand to Place of Safety Remand to Juvenile Centre

Child taken before

the Courts

Permanency Planning

Foster Care

Adoption

Children’s Home

Family Re-integration – (LIFE)

(Imprisonment)

Serious Offence

Part Juvenile/Part Adult

Correctional Centre

Statutory Supervision

Re-integration Process

Rehab Grant

Supervision Order

Fit Persons Order

Correctional Order

Probation Order

Community Service Order

Acquitted

Court Decision

Exit State Care Key CO – Children’s Officers

PACO – Probations after Care Officer

Released on bail

66

Appendix 5: Profile of Child Care Institutions

DEPARTMENT OF CORRECTIONAL SERVICES FACILITIES Name: Hill Top Juvenile Correctional Centre Location: Bamboo, St. Ann Type: Male Age range: 12 to 18 Security Classification: High Capacity: 98 Current muster/population: 104 (June 2010) Name: Rio Cobre Juvenile Correctional Centre Location: Spanish Town, St. Catherine Type: Male Age range: 12 to 18 Security Classification: High Capacity: 120 Current muster/population: 126 (June 2010) Name: Diamond Crest Juvenile Correctional Centre Location: Alligator Pond, St. Elizabeth Type: Female Age range: 12 to 18 Security Classification: High Capacity: 40 Current muster/population: 36 (June 2010) Name: St. Andrew Juvenile Remand Centre Location: Stony Hill, St. Andrew Type: Male Age range: 12 to 18 Security Classification: High Capacity: 48 Current muster/population: 48 (June 2010)

67

CHILD DEVELOPMENT AGENCY FACILITIES Name: St. Augustine (Place of Safety) Location: Chapleton, Clarendon Type: Male Age range: 8 to 18 Security Classification: Medium Capacity: 50 Current muster/population: 44(June 2010)

Name: Glenhope (Place of Safety) Location: Maxfield Avenue, Kingston Type: Female Age range: 12 to 18 Security Classification: Medium Capacity: 80 Current muster/population: 90 (June 2010) Name: Homestead (Place of Safety) Location: Stony Hill, St. Andrew Type: Female Age range: 10 to 18 Security Classification: Medium Capacity: 60 Current muster/population: 65 (June 2010) Name: Granville (Place of Safety) Location: Garrick Foyle, Trelawny Type: Female Age range: 8 to 18 Security Classification: Medium Capacity: 90 Current muster/population: 65 (June 2010)

Name: Marigold (Place of Safety - Nursery) Location: Lady Musgrave, Kingston Type: Female & Male Age range: 0 - 7 Security Classification: Low Capacity: 50 Current muster/population: Closed for renovation.

68

Profile of Child Care Institutions (Cont’d) Name: Summerfield (Children’s Home) Location: Chapleton, Clarendon Type: Male Age range: 12 to 18 Security Classification: Low Capacity: 51 Current muster/population: 42 (June 2010)

Name: Manning (Children’s Home) Location: Southfield, St. Elizabeth Type: Male Age range: 12 to 18 Security Classification: Low Capacity: 60 Current muster/population: 26(June 2010) Name: Windsor (Children’s Home) Location: St. Ann’s Bay, St. Ann Type: Female Age range: 12 to 18 Security Classification: Medium Capacity: 60 Current muster/population: 48 (June2010) Name: Muirton (Children’s Home) Location: Manchioneal, Portland Type: Male Age range: 12 to 18 Security Classification: Low Capacity: 30 Current muster/population: 27 (June 2010)

Name: Glenhope (Place of Safety - Nursery) Location: Maxfield Avenue, Kingston Type: Female & Male Age range: 0 to 7 Security Classification: Low Capacity: 55 Current muster/population: 51(June 2010)

69

Name: Blossom Gardens (Place of Safety - Nursery) Location: Montego Bay, St. James Type: Female & Male Age range: 0 - 7 Security Classification: Low Capacity: 60 Current muster/population: 55(June 2010)

70

Appendix 6: Ideal Facilities

INFRASTRUCTURE CODES & STANDARDS SECURITY & SAFETY

DISASTER PREPAREDNESS

ENVIRONMENTAL MANAGEMENT

SPECIAL NEEDS

Purpose built facilities

Single room rather than dorms.

Reception area

Visitor’s room

Multipurpose room

Administrative offices

Educational facilities (classrooms/skills training)

Medical area

Counselling room(s)

Isolation room(s)

Kitchen facility

Bathroom facility

Fixed concrete or metal louvres.

Laundry Room

Dining Facility

Heli-pad for evacuation

Non-skid staircase.

National Bldg Code

Room size 12x12 sq ft to accommodate 3or 5 children.

One bathroom to a maximum of 10 children

Individual lighting and study area.

Standard size of single and bunk beds.

Fire safety – Appropriate doors: fire doors (1/2 hour, 1 hour) time taken to burn.

Lighting/Stand by generator/natural lighting

Store room for equipment

Fire equipment

Communication system

Water storage

Marked emergency exit

Smoke detector

Fire alarm

Electronic Security (panic alarm and CCTV)

Proximity to emergency shelter

Safety areas within the facility

Store room for equipment

Exit sign

Fire Extinguisher

Fire Hose

Disaster plan available

Marked emergency exits

Smoke detector and fire alarm system in place.

Identification of nearest emergency shelter

Safety areas within the facility

Fire Hose

Fire Extinguisher

Exit Sign

Storage of emergency/disaster supplies.

Waste disposal system

Sewage

Greening of the facility (solar lights, pesticides, washing)

Landscaping

Use of appropriate material to build facility

Grasscrete

Percolation

Environmental friendly

Proper storage of chemicals and pesticides

Access to potable water

Access to ramps

Special bathrooms (for physical challenge persons)

Wheel chair access

Universal precaution for special needs

Isolation area for persons with communicable diseases

Special bed

Elevator for multi-storey buildings.

71

Appendix 7: Physical Facilities

Key: Excellent: 85-100, Good: 75-84, Fair: 60-74, Poor: Below 60

EXISTING FACILITIES

GRADE

EXISTING CONDITIONS

GAPS

RECOMMENDATIONS

Homestead

Good

Location

Located near informal settlement which

can be disruptive.

Security risk

Close proximity to the health centre,

police station and schools and the St.

Andrew Remand Centre.

Good driving access

Premises

External recreation area / car park

There are five (5) buildings on the

compound:

The main building houses the

administrative office and dormitories.

Two (2) classroom blocks, one used for

academic and the other used for skills

training.

Buildings are of block and steel with

timber roofing.

Chain link perimeter fencing.

No Accommodation for Children with

special needs

Ramp for wheelchair

access and wards with

special needs

Isolation Rooms

Examination room for

medical purposes

Need for green space.

Sewage system to be

connected to main NWC

system.

72

EXISTING FACILITIES

GRADE

EXISTING CONDITIONS

GAPS

RECOMMENDATIONS

Security/Safety

Premises enclosed with chain link fencing

topped with razor wire

Smoke detectors

Panic alarm system in place and watch

men employed for security.

Trash/ Sewage Disposal

Absorption pit /septic tank in place (No

connection to public Main)

Solid waste disposed by NSWMA

Utilities

Water supplied by the NWC

Power supplied from the Jamaica Public

Service (JPS)

Telephone service- Land Line (LIME)

Glenhope (POS)

Fair

Location

Located within a low income volatile

community

Security risk

Close proximity to the health centre, skills

training facility operated by NGOs and

schools

Major sewage issue - not

connected to NWC main\

Single exit and entrance

Ventilation from the back

is poor - fixed concrete

louver at the back so it

reduces -ventilation and

Extend dorms to the back

73

EXISTING FACILITIES

GRADE

EXISTING CONDITIONS

GAPS

RECOMMENDATIONS

Good to fair driving access

Premises

Hard court for recreational purposes

There are four (4) buildings:

Main building houses dorms and a part of

the administrative services, houses girls

(10 – 18) and the nursery (0 – 8)

Dorms form a perimeter enclosure

leaving middle to be used as an assembly

area. Open dormitory style three (3)

attached dorms.

It has administrative block with

counseling area.

Food for the Poor Building (timber

structure) used for the classroom

Main building is of concrete block and

steel with timber roof.

All buildings are single storey

Two (2) classrooms, one for academic and

the other for skill (hair dressing & home

economics)

Prone to overcrowding due to lack of

remand

lighting

Poor drainage

Site layout of building is

inappropriate

74

EXISTING FACILITIES

GRADE

EXISTING CONDITIONS

GAPS

RECOMMENDATIONS

Security /Safety

Currently private security with Canine

Block & steel perimeter fencing with

razor wire at the top.

Smoke detectors

Trash /Sewage Disposal

Absorption pit /septic tank (no public

disposal)


Utilities



Service (JPS)


Glenhope (Nursery)

Fair

There is one (1) building which houses dorm

and administrative office.

Building is of block and steel with

concrete slab roof.

Need for classroom space &

recreational area

Remove the nursery and

maintain as a place of

safety due to overcrowding

space constraint

St. Augustine

Poor

Location

Close proximity to police station,

Chapleton Resident Magistrate’s Court

and Hospital

Access for special needs

To demolish burnt building

and build two storey

administrative and

classroom blocks.

75

EXISTING FACILITIES

GRADE

EXISTING CONDITIONS

GAPS

RECOMMENDATIONS

Poor driving access to facility

Playing field is shared with the

community

Premises

There are three (3) buildings, it used to be

four (4) (classroom block was burnt):

Main building is about 100 years old. It is

a single story building used as dorm and a

part of the administrative services.

Structural integrity of main building is

questionable

Single storey building used for

administrative services. (concrete block

and steel with timber roof

Two storey building houses dorm on the

upper floor and classroom and store

room on the lower floor. Block and steel

with reinforced concrete slab

Superintendent’s cottage adjacent to the

property - Manager’s cottage needs

repair

Security /Safety

Smoke detectors

Watchmen employed.

Get recommendation from

Engineer re the structural

integrity of main building

Bio-digester to be

commissioned into service

Build multi-purpose area

into the new building

Need for medical room

with counseling

Need for additional areas

for skill training

One facility for children

with special need

76

EXISTING FACILITIES

GRADE

EXISTING CONDITIONS

GAPS

RECOMMENDATIONS

Trash/Sewage Disposal

Bio-digester was built for sewage disposal

and treatment

Utilities

Water supplied by the NWC but very low

water pressure in the area


Service (JPS)


Summerfield Fair Location

Close proximity with the police station,

Chapleton Resident Magistrate’s Court,

schools and Hospital

Access road to facility is poor

May Pen Clarendon area becoming

volatile will have an impact on the home

Premises

There are three (3) buildings:

Buildings made of concrete block and

steel with timber roof

The main building is two storey concrete

block and steel with timber roof

Single storey dorm concrete block and

steel with timber roof

Perimeter fencing absent

Water issues -require

pumping and storage

No specialized

accommodation in place

for wards with special

needs

Need for 2 classrooms

General area need

improvement in water

supply

Require perimeter fence

and security

77

EXISTING FACILITIES

GRADE

EXISTING CONDITIONS

GAPS

RECOMMENDATIONS

Laundry room concrete block steel with

reinforce slab roof

Security /Safety

Smoke detectors

Watchmen employed.

Trash /sewage disposal

Bio-digester was built for sewage disposal

and treatment

Utilities


water pressure in the area.- Most times

water bought from water trucks


Service (JPS)


Manning

Good

Location

Residential community

Good access road

Premises

There are two (2) buildings:

The main building includes two (2) dorms

Need to have hard court

extended and fenced

There is no multipurpose

assembly/meeting area

Building that houses skills

area require renovation

78

EXISTING FACILITIES

GRADE

EXISTING CONDITIONS

GAPS

RECOMMENDATIONS

and administrative office – block & steel

with timber roof

Administrative section has 2 floors

Other building is skills area with 2 rooms

No perimeter fencing and security

There is a water problem so water is

stored and has to be acquired from a

truck

There is a Playfield

Susceptible to hurricane damage

Manager’s cottage in need of repair

The main building forms a quadrangle

which provide a secure environment

Three (3) water tanks on property said to

be owned by the Parish Council these are

fenced for security reasons

Security/ Safety

Smoke detectors

Watchmen employed.

Sewage disposal

Absorption pit as it is not connected to

the public main

Utilities


79

EXISTING FACILITIES

GRADE

EXISTING CONDITIONS

GAPS

RECOMMENDATIONS

water pressure in the area.- Most times

water bought from water trucks


Service (JPS)


Blossom Gardens Good Location

Close proximity to volatile community

such as Canterbury, Norwood

Situated in a residential community

Close proximity to Cornwall Regional

Hospital

Premises

Fairly new building with block and steel with

combination of timber and slab roof.

Single storey building

Have classroom

Have play area

Huge open space area inside

There is a early childhood institution on

the compound

Security /safety

Have perimeter fencing with concrete

and chain link

Smoke detectors , fire extinguishers

Panic alarm system and private security

80

EXISTING FACILITIES

GRADE

EXISTING CONDITIONS

GAPS

RECOMMENDATIONS

services

In times of disaster the Ritz Carlton is

used as shelter for the children

NGOs and others usually provide support

Trash/ Sewage Disposal

Absorption pit /septic tank in place (No

public Main)


Utilities



Service (JPS)


Windsor

Fair

Location

Located in a squatter community

Men from neighboring community prey

on the girls

Close Proximity to police and hospital

Premises


2 storey building

The main administrative building has

been rendered structurally unsound and

recommended for demolition.

To build an interior and

external fencing

To relocate the facility in

the long term

81

EXISTING FACILITIES

GRADE

EXISTING CONDITIONS

GAPS

RECOMMENDATIONS

Concrete structure with timber roof

Two (2) storey building used as

classroom and administrative block

Dorm is two (2) storey

Have multipurpose hard court use for

recreation

Adequate recreation space

Land is on a slope

Possibility that land slippage will occur

sometime in the future

Security/Safety

Perimeter fencing with chain link which is

breeched by intruders

Fire extinguishers /smoke detectors

Have private security services

Trash/sewage Disposal

Absorption pit as it does not go to the public

pit

Utilities

NWC water supply -

Water storage facility - low water

pressure


Service (JPS)

82

EXISTING FACILITIES

GRADE

EXISTING CONDITIONS

GAPS

RECOMMENDATIONS


Granville

Good

Location

Easy access to hospital and health centre

Good response from the Police

Premises


Administrative building that houses the

counseling room, main dining area which

is also use as a multipurpose room

concrete block and steel with timber roof

Dorm is 2 storey building with the dorms

on top and the classrooms at the bottom

There is a superintendent cottage which

was burnt and is need of renovation

Presently adding to the administrative

block, a counseling centre

Perimeter fencing both internal and

external but the external could be

improved

Friendly environment

Multipurpose hard court that should be

fenced in

Security /Safety

Private security in place

Smoke detectors

83

EXISTING FACILITIES

GRADE

EXISTING CONDITIONS

GAPS

RECOMMENDATIONS

Trash/Waste Disposal

Absorption pit as it does not go to the

public pit

Utilities

NWC water supply

Water storage facility - low water

pressure


Service (JPS)


Muirton

Fair

Location

It is an old heritage site (to be officially

confirmed)

Access road in disrepair

Premises


The main building is cut stone with

timber roof, serve as administrative office

and dorm

Single storey building with cellar

Huge acreage with farm (banana,

vegetables and chicken)

Not conducive for children who are

Need for classroom for

remedial work

84

EXISTING FACILITIES

GRADE

EXISTING CONDITIONS

GAPS

RECOMMENDATIONS

physically challenged

Prone to hurricane

Not easily accessible by road if there is a

major disaster in the country

Trash/Sewage Disposal

No Public Main for sewage disposal

Utilities

Water problem – water pump in place

Difficulty in accessing telephone services


Service (JPS)

Marigold

Fair

Location

In the area called Golden Triangle so

location is low risk area

Access to all the amenities in the City of

Kingston

Premises

Lease premises (having difficulty with the

landlord)

Owned by the owner of Medallion Hall

There are two (2) buildings one

constructed from concrete block and

steel the other a wooden building used

Insufficient bathroom facilities

for wards

To build additional

bathrooms if possible.

If the lease issue is not

resolved, in the short to

medium term,

recommendation is to

relocate.

85

EXISTING FACILITIES

GRADE

EXISTING CONDITIONS

GAPS

RECOMMENDATIONS

for an early childhood institution

Good perimeter fencing

The bathroom facility is inadequate

Security/Safety

Fire extinguishers /smoke detectors

Employ the services of watchmen

Trash/sewage Disposal

Absorption Pit

Musgrave

Buildings were destroyed by fire and later

demolished.

To build a Treatment

Centre .This centre would

include the Corporate

Offices of CDA.

Hill Top

Good

Location

Located in the community of Bamboo

near to police station and Bamboo Health

Centre but far from hospital (St. Ann’s

Bay).

Premises

There five (5) buildings made up of concrete

structures and zinc and slab roofing and

houses the following:

Gate lodge

Additional classroom

space

Isolation area or room

Proper medical post

Additional dorm space

Romp access and other

Infrastructure works need

to be undertaken and

maintenance provided on

a continuous basis.

Century post to be

established to strengthen

security.

86

EXISTING FACILITIES

GRADE

EXISTING CONDITIONS

GAPS

RECOMMENDATIONS

Staff accommodation (male & female)

Old Garage used as Trade Shop

Main building houses Supt. Office &

overseers office, library, isolation room,

medical station, kitchen, dining hall and

three (3) dormitories

Skills training & Assembly Hall.

Safety and security

The perimeter of the premises is enclosed

with chain link fencing and concrete base

along with anti-intruder wires on top

Staff provides security

Trash and Sewage disposal

Sewage system is self regulated through a

soak away system.

Garbage disposal is done through

NSWMA.

Utilities

Water supplied by NWC and electricity by

JPS.

The location has stand by generator

Telephone system provided by LIME

along with DCS internal communication

system

provisions for special

needs

87

EXISTING FACILITIES

GRADE

EXISTING CONDITIONS

GAPS

RECOMMENDATIONS

Rehabilitation Programmes

Farming activities (tomato & cabbage)

Pig rearing

Bee rearing

Auto Mechanic Trade

Academic Programmes.

Rio Cobre

Fair

Location

Located near informal settlements of

Gravel Heights and Tredegar Park.

Close proximity to Spanish Town Hospital

and Police Station.

Premises

There are nine buildings made up of

concrete structures with zinc roofing.

Buildings are made of concrete and all are

zinc roofing except overseer’s office

which is slab roof.

Admin. block (2 storey)

Overseers’ office

2 dorms – 2 storey each – the roof is in

need of repair.

Building houses Skills training centre

Store room, dining room & kitchen

Auto Mechanic, Welding & Metal work

Additional classrooms

and skill training areas

A visiting room or space


provisions for special needs

Given the instability and

the volatility of the

surrounding communities,

the centre should be

relocated.

If retained repair works

should be carried out and

efforts made to

maintenance the physical

plant.

88

EXISTING FACILITIES

GRADE

EXISTING CONDITIONS

GAPS

RECOMMENDATIONS

Old Supt. Quarters- not being used and in

need of repair

Barber shop

A container being configured for use as IT

Lab.

No accommodation for persons with

special needs

Safety and Security

The perimeter is made up of concrete

wall and chain link fence with razor wire

on top

A double entry gate – the outer gate is

made of metal and the inner gate is chain

link fencing with galvanized pipe

Staff provides security


The sewage is connected to the main and

garbage is collected by Southern Parks

and Markets.

Utility

Regular water supply is from NWC and

the electricity supplied by JPS.



89

EXISTING FACILITIES

GRADE

EXISTING CONDITIONS

GAPS

RECOMMENDATIONS


system


IT Lab

Wood work shop

Poultry rearing

Auto Mechanic

Welding

Clothing and Textile

Home Economics

Academic Programmes

Diamond Crest

Poor

Location

Located near Alligator Pond St. Elizabeth

Close proximity to Alligator Pond Police

Station

Nearest Health facility is Manchester

Hospital

Premises

It is a multi-facility building, One section is 2

storey

Upstairs (wards and staff

accommodation)

Downstairs (duty station, classrooms,

Chain link fence which is

inadequate for

correctional facility

Ramp access and other


needs

The facility should be

relocation as the area is

not ideal for the

establishment of a juvenile

centre.

If the facility is to remain

at the location then urgent

repairs would be required.

If retained a medical

centre should be

established and operates

on a 24 hour basis.

Additional on-site staff

accommodation is

90

EXISTING FACILITIES

GRADE

EXISTING CONDITIONS

GAPS

RECOMMENDATIONS

skills training area, store room, dining

room and kitchen

Other section Staff accommodation,

medical post. Superintendent and Asst.

Superintendent’s. Offices

The buildings are made of concrete and

slab roofing.

No accommodation for special needs.

Safety and Security

Chain link fence (the present perimeter

fencing is inadequate for the institution

as it does not falls within the standard

height for correctional facilities and is

also in need repairs)

Security is provided by staff

Trash and Sewage Disposal

Water source - NWC Main

Garbage disposal under private

arrangement

Sewage system is connected to the main

Utilities


the electricity is supplied by JPS.


necessary.

Isolation cells should be

erected for disciplinary and

medical purposes.

91

EXISTING FACILITIES

GRADE

EXISTING CONDITIONS

GAPS

RECOMMENDATIONS

Mode of communication - Digicel user

group system along with DCS internal

communication system.

Water storage tanks are also used

NWC has imposed a mandatory two days

per week water lock off.


IT Lab

Clothing and Textile

Cosmetology

Academic programmes.

St. Andrew Juvenile

Remand Centre

Poor Location

Located in the Stony Hill Community near

the Police Station and Health Centre.

In front of a community centre and is

therefore subject to noise pollution.

Next door to Homestead Place of Safety

for Girls and Stony Hill Primary and Junior

High

Premises

There is one main building and an adjoining

office complex which houses the

Superintendent and staff offices.

Buildings are made of concrete with slab

External recreation facility

Additional classrooms and

skills training area

Laundry room

Proper bathroom facilities



needs.

Given the limited capacity of

the facility and limited space

for expansion and other

attending issues, it is

strongly recommended that:

(1) the facility be closed

or

(2) be establish as a

medical inpatient

facility for wards of

the state or

(3) the centre be used as

an isolation and

treatment facility for

92

EXISTING FACILITIES

GRADE

EXISTING CONDITIONS

GAPS

RECOMMENDATIONS

roofing.

Admin/Supt. Office, dorms, medical

station, kitchen, dining hall/classroom

and washing area

There is an internal quadrangle for

recreation and sporting activities

Safety and Security

There is a perimeter chain link fence

Security is provided by the staff

Vulnerable to community activities

because of the close proximity to the

Community Centre


Water source - NWC Main

Garbage disposal is done through

NSWMA

Utilities






system

disruptive wards of

the state.

93

EXISTING FACILITIES

GRADE

EXISTING CONDITIONS

GAPS

RECOMMENDATIONS


IT Labs

Academic Programmes

Montpellier Juvenile

Correctional Centre

Facility is not in

operation

Location

Located in community of Montpellier

Nearest Police Station - Anchovy Police

nearest hospital - Cornwall Regional

Adjacent to the Montpellier Agricultural

Show Ground.

Premises

6 dormitory type buildings

Two of which are used for office purposes

Two communal bathroom one of which is

divided into two male and female

One Kitchen

One staff quarters

Civilian staff and store room area

One medical post

Prefab structure with zinc roofing

Safety and Security

Chain link fence and concrete base

Single main access to the premises

Security provided by Correctional Staff

Ancillary civilian staff

94

EXISTING FACILITIES

GRADE

EXISTING CONDITIONS

GAPS

RECOMMENDATIONS

Garbage and Sewage Disposal

Water source - NWC main Garbage is

collected by the public system.

Utilities





system

Attendant Centres

One Attendant Centre that is located in

Kingston and utilized by the Family Court

Classroom, recreational and

counseling areas.

Provision for meals for both

day and evening programmes

To have Attendants Centres in

each parish

Children’s Court

Need for Regional Children’s

Court. The Court should be

purpose built.

The rooms in which

children’s hearings are held

should be child friendly. To

include adequate waiting

area, seating arrangement to

enable the judge to sit close

to the child.

95

Acronyms

AG Attorney General CCPA Child Care and Protection Act CDA Child Development Agency CO Children’s Officers CISOCA Centre for the Investigation of Sexual Offences and Child Abuse DCS Department of Correctional Services DFID Department for International Development JCF Jamaica Constabulary Force JDF Jamaica Defence Force MDA Ministries, Departments and Agencies MSOC Metcalfe Street Operations Centre MOE Ministry of Education MOH Ministry of Health MOJ Ministry of Justice MNS Ministry of National Security MYCS Ministry of Youth, Sports & Culture NHF National Health Fund OCA Office of the Children’s Advocate OCR Office of the Children’s Registry PACO Probations After Care Officer PSTU Public Sector Transformation Unit SOP Standard Operational Procedures UNCRC United Nations Convention on the Rights of the Child

96

References

Golding, Bruce (2010) Statement to Parliament by the Prime Minister on the tabling of the

report of the Armadale Enquiry. Kingston, Jamaica, Tuesday, March 2, 2010.

Government of Jamaica (2010) Draft of State Parties Report to the United Nations Committee on the Rights of the Child. Child Development Agency, Kingston, Jamaica. Government of Jamaica(2008) The Child Justice Plan of Action. Ministry of Justice, Kingston, Jamaica. Government of Jamaica ( 2009) Report of the Armadale Commission of Enquiry. Kingston,

Jamaica.

Government of Jamaica (2003) Keating Report: a Review of Children’s Homes in Jamaica.

Kingston, Jamaica.

Government of Jamaica (2004) The Child Care and Protection Act (CCPA). Kingston, Jamaica Government of Jamaica (1995) Corrections Act .Kingston, Jamaica Minutes of Working Group meetings examining the Juvenile Correctional and Remand Facilities dated:

March 9, 2010

March 18, 2010

April 1, 2010

April 6, 2010

April 14, 2010 Operational Guidelines and Best Practices for Juvenile Detention Care in Arizona Pilson T. & Forstater J. Examining the Planning Design and Operational Components of Juvenile Detention Reports and Matrices submitted by the following Sub-Committees:

Policy and Protocols

Legislative

Assessment and Placement/Admissions and Orientation Policy

Case Management System/Family Support and Re-integration

Inter-Disciplinary Programme

Institutional Arrangements

Physical Facilities

97

United Nations (1979) Convention on the Rights of the Child. New York USA, . United Nations (1990) Rules for Protection of Juveniles Deprived of their Liberty. New York, USA United Nations(1985) Standard Minimum Rules for the Administration of Juvenile Justice: the Beijing Rules. New York, USA. United Nations (1990) Guidelines for the Prevention of Juvenile Delinquency: the Riyadh Guidelines. New York, USA.

Technology

Child RIghts - Task force on the New Regime for Juveniles in Correctional Facilities 2010 - Jamaica