CHILDREN’S ACT, 1998 (ACT 560)
As amended
ARRANGEMENT OF SECTIONS
PART I—THE RIGHTS OF THE CHILD
Sub-Part I—Rights of the Child and
Parental Duty
Section
1. Definition of child
2. Welfare principle
3. Non-discrimination
4. Right to name and nationality
5. Right to grow up with parents
6. Parental duty and
responsibility
7. Right to parental property
8. Right to education and
well-being
9. Right to social activity
10. Treatment of the disabled
child
11. Right of opinion
12. Protection from exploitative
labour
13. Protection from torture and
degrading treatment
14. Right to refuse betrothal and
marriage
15. Penalty for contravention
Sub-Part II—Care and Protection
16. District Assembly to protect
children
17. Persons to report child abuse
and protection cases
18. Meaning of care and protection
19. Investigation by Department
20. Care order of Family Tribunal
21. Supervision order of Family
Tribunal
22. Duties of probation officer
and social worker
23. Home visits
24. General provisions on orders
25. Discharge of orders
26. Care order and adoption
PART II—QUASI-JUDICIAL AND
JUDICIAL CHILD ADJUDICATION
Sub-Part I—Child Panels
27. Establishment of Child Panels
28. Functions of Child Panels
29. Composition of Child Panel
30. Meetings of Child Panel
31. Child Panel in civil matters
32. Child Panel in criminal
matters
Sub-Part II—Family Tribunals
33. Family Tribunals
34. Composition of Family
Tribunal
35. Jurisdiction of Family
Tribunal
36. Family Tribunal sittings
37. Procedure at Family Tribunal
38. Rights of the child at Family
Tribunal
39. No publication of information
on child
PART III—PARENTAGE, CUSTODY,
ACCESS AND MAINTENANCE
Sub-Part I—Parentage
40. Application for Parentage
41. Evidence of Parentage
42. Medical test
Sub-Part II—Custody and Access
43. Custody
44. Access
45. Considerations for custody or
access
46. Unlawful child removal
Sub-Part III—Maintenance
47. Duty to maintain a child
48. Application for maintenance
order
49. Consideration for maintenance
orders
50. Request for social enquiry
report
51. Form of maintenance order
52. Persons entitled to
maintenance order
53. Duration of order
54. Continuation of maintenance
orders in certain cases
55. Variation or discharge of
orders
56. Enforcement of order
57. Non-custodial parent to have
access to child
58. Duplicity of maintenance
applications
59. Offences under this Part
60. Procedure for application
61. Waiver of fees
PART IV—FOSTERAGE AND ADOPTION
Sub-Part I—Fosterage
62. Person who can foster
63. Definition of foster-parent
64. Foster-care placement
Sub-Part II—Adoption Application
65. Jurisdiction and procedure for
adoption
66. Application for adoption
67. Restrictions on making
adoptions orders
68. Consent of parents and
guardians
69. Other consent
70. Conditions for adoption order
71. Interim order
72. Knowledge of adoption by child
73. Application by non-citizen
74. Children previously adopted
75. Effect of adoption on parental
rights
Sub-Part III—Devolution of
Property on Adoption
76. Devolution of property on
intestacy
77. Testamentary disposition
78. Supplementary provisions on
intestacy and testamentary
disposition
Sub-Part IV—Miscellaneous Adoption
Provisions
79. Adoption order and customary
law
80. Adoption order and citizenship
81. Effect of adoption order on
fit person order
82. Adopted Children Register
83. Offences related to adoption
84. Notice to be given to send
child abroad
85. Inter-country adoption
86. Procedure rules for adoption
PART V—EMPLOYMENT OF CHILDREN
Sub-Part I—Child Labour
87. Prohibition of exploitative
child labour
88. Prohibition of child labour at
night
89. Minimum age for child labour
90. Minimum age for light work
91. Minimum age for hazardous
employment
92. Application
93. Registration of children in
industrial undertakings
94. Offences under this Sub-Part
95. Enforcement in formal sector
96. Enforcement in the informal
sector
Sub-Part II—Apprenticeship
97. Act to apply to apprenticeship
in the informal sector
98. Minimum age for apprentices
99. Responsibilities of craftsman
100. Apprenticeship agreement
101. Duties of apprentice
102. Release of apprentice
103. Resolution of disputes
104. Application of Sub-Part I of
this Part
PART VI—INSTITUTIONALISED CARE AND
MISCELLANEOUS MATTERS
Sub-Part I—Approved Residential
Homes
105. Approval of residential home
106. Department to monitor homes
107. Power of Minister to give
directives to homes
108. Inspection
109. Admission of children to
homes
110. Parental responsibility of
staff of approved homes
111. Power of Family Tribunal to
order contribution
112. Approved home and adoption
113. Regulations and homes
114. Offences under this Sub-Part
Sub-Part II—Day Care Centres
115. Application to operate
day-care centre
116. Inspection
117. Bye-laws and guidelines
118. Policy directives
119. Existing operators
120. Offences under this Sub-Part
Sub-Part III—Miscellaneous
Provisions
121. Registration of births
122. Determination of age of a
child
123. Regulations
124. Interpretation
125. Amendments and repeals
126. Savings
SCHEDULE
Schedule—Consequential Amendments
and repeals
THE FIVE HUNDRED AND SIXTIETH
ACT
OF THE PARLIAMENT OF THE REPUBLIC
OF GHANA
ENTITLED
THE CHILDREN'S ACT, 1998
AN ACT to reform and consolidate
the law relating to children, to
provide for the rights of the
child, maintenance and adoption,
regulate child labour and
apprenticeship, for ancillary
matters concerning children
generally and to provide for
related matters.
DATE OF ASSENT: 30TH DECEMBER,
1998.
BE IT ENACTED by Parliament as
follows—
PART I—THE RIGHTS OF THE CHILD
Sub-Part I—Rights of the Child and
Parental Duty
Section 1—Definition of Child.
For purposes of this Act, a child
is a person below the age of
eighteen years.
Section 2—Welfare Principle.
(1) The best interest of the child
shall be paramount in any matter
concerning a child.
(2) The best interest of the child
shall be the primary consideration
by any court, person, institution
or other body in any matter
concerned with a child.
Section 3—Non-Discrimination.
No person shall discriminate
against a child on the grounds of
gender, race, age, religion,
disability, health status, custom,
ethnic origin, rural or urban
background, birth or other status,
socio-economic status or because
the child is a refugee.
Section 4—Right to Name and
Nationality.
No person shall deprive a child of
the right from birth to a name,
the right to acquire a nationality
or the right as far as possible to
know his natural parents and
extended family subject to the
provisions of Part IV, Sub-Part II
of this Act.
Section 5—Right to Grow up with
Parents.
No person shall deny a child the
right to live with his parents and
family and grow up in a caring and
peaceful environment unless it is
proved in court that living with
his parents would—
(a) lead to significant harm to
the child; or
(b) subject the child to serious
abuse; or
(c) not be in the best interest of
the child.
Section 6—Parental Duty and
Responsibility.
No parent shall deprive a child
his welfare whether—
(a) the parents of the child are
married or not at the time of the
child's birth; or
(b) the parents of the child
continue to live together or not.
(2) Every child has the right to
life, dignity, respect, leisure,
liberty, health, education and
shelter from his parents.
(3) Every parent has rights and
responsibilities whether imposed
by law or otherwise towards his
child which include the duty to—
(a) protect the child from
neglect, discrimination, violence,
abuse, exposure to physical and
moral hazards and oppression;
(b) provide good guidance, care,
assistance and maintenance for the
child and assurance of the child's
survival and development;
(c) ensure that in the temporary
absence of a parent, the child
shall be cared for by a competent
person and that a child under
eighteen months of age shall only
be cared for by a person of
fifteen years and above.
(d) except where the parent has
surrendered his rights and
responsibilities in accordance
with law.
(4) Each parent shall be
responsible for the registration
of the birth of their child and
the names of both parents shall
appear on the birth certificate
except if the father of the child
is unknown to the mother.
Section 7—Right to Parental
Property.
No person shall deprive a child of
reasonable provision out of the
estate of a parent whether or not
born in wedlock.
Section 8—Right to Education and
Well-being.
(1) No person shall deprive a
child access to education,
immunisation, adequate diet,
clothing, shelter, medical
attention or any other thing
required for his development.
(2) No person shall deny a child
medical treatment by reason of
religious or other beliefs.
Section 9—Right to Social
Activity.
No person shall deprive a child
the right to participate in
sports, or in positive cultural
and artistic activities or other
leisure activities.
Section 10—Treatment of the
Disabled Child.
(1) No person shall treat a
disabled child in an undignified
manner.
(2) A disabled child has a right
to special care, education and
training wherever possible to
develop his maximum potential and
be self-reliant.
Section 11— Right of Opinion.
No person shall deprive a child
capable of forming views the right
to express an opinion, to be
listened to and to participate in
decisions which affect his
well-being, the opinion of the
child being given due weight in
accordance with the age and
maturity of' the child.
Section 12—Protection from
Exploitative Labour.
No person shall subject a child to
exploitative labour as provided
under section 87 of this Act.
Section 13—Protection from Torture
and Degrading Treatment.
(1) No person shall force a child—
(a) to be betrothed;
(b) to be the subject of a dowry
transaction; or
(c) to be married.
(2) The minimum age of marriage of
whatever kind shall be eighteen
years.
Section 14—Right to Refuse
Betrothal and Marriage.
(1) No person shall subject a
child to torture or other cruel,
inhuman or degrading treatment or
punishment including any cultural
practice which dehumanises or is
injurious to the physical and
mental well-being of a child.
(2) No correction of a child is
justifiable which is unreasonable
in kind or in degree according to
the age, physical and mental
condition of the child and no
correction is justifiable if the
child by reason of tender age or
otherwise is incapable of
understanding the purpose of the
correction.
Section 15—Penalty for
Contravention.
Any person who contravenes a
provision of this Sub-Part commits
an offence and is liable on
summary conviction to a fine not
exceeding ¢5 million or to a term
of imprisonment not exceeding one
year or to both.
Sub-Part II—Care and Protection
Section 16—District Assembly to
protect children.
(1) A District Assembly shall
protect the welfare and promote
the rights of children within its
area of authority and shall ensure
that within the district,
governmental agencies liaise with
each other in matters concerning
children.
(2) The Social Welfare and
Community Development Department
of a District Assembly referred to
in this Act as "the Department"
shall investigate cases of
contravention of children’s
rights.
Section 17—Persons to Report Child
Abuse and Protection Cases.
Any person with information on—
(a) child abuse; or
(b) a child in need of care and
protection shall report the matter
to the Department.
Section 18—Meaning of Care and
Protection.
(1) For purposes of this Act, a
child is in need of care and
protection if the child—
(a) is an orphan or is deserted by
his relatives;
(b) has been neglected or
ill-treated by the person who has
the care and custody of the child;
(c) has a parent or guardian who
does not exercise proper
guardianship;
(d) is destitute;
(e) is under the care of a parent
or guardian who, by reason of
criminal or drunken habits, is
unfit to have the care of the
child;
(f) is wandering and has no home
or settled place of abode or
visible means of subsistence;
(g) is begging or receiving alms,
whether or not there is any
pretence of singing, playing,
performing, offering anything for
sale or otherwise, or is found in
any street, premises or place for
the purpose of begging or
receiving alms;
(h) accompanies any person when
that person is begging or
receiving alms, whether or not
there is any pretence of singing,
playing, performing, offering
anything for sale or otherwise;
(i)
frequents the company of any
reputed thief or reputed
prostitute;
(j) is residing in a house or the
part of a house used by any
prostitute for the purpose of
prostitution, or is otherwise
living in circumstances calculated
to cause, encourage or favour the
seduction or prostitution of or
affect the morality of the child;
(k) is a person in relation to
whom an offence has been committed
or attempted under section 314 of
the Criminal Code 1960 (Act 29) on
slave dealing;
(1) is found acting in a manner
from which it is reasonable to
suspect that he is, or has been,
soliciting or importuning for
immoral purposes;
(m) is below the age of criminal
responsibility under the Criminal
Code, 1960 (Act 29) and is
involved in an offence other than
a minor criminal matter; or
(n) is otherwise exposed to moral
or physical danger.
(2) A child shall not be
considered to come within the
scope of paragraphs (i) and (j) of
subsection (1) if the only reputed
prostitute that the child
associates with is his mother and
if it is proved that she exercises
proper guardianship and care to
protect the child from corrupt
influences.
Section 19—Investigation by
Department.
(1) If the Department has
reasonable grounds to suspect
child abuse or a need for care and
protection, it shall direct a
probation officer or social
welfare officer accompanied by the
police to enter and search the
premises where the child is kept
to investigate.
(2) The Department shall direct
the probation officer or the
social welfare officer to refer
the matter to a Child Panel
established under section 27 of
this Act if the child is not in
immediate need of care and
protection.
(3) If after investigation it is
determined that the child has been
abused or is in need of immediate
care and protection the Department
shall direct a probation officer
or social welfare officer
accompanied by the police to
remove the child to a place of
safety for a period of not more
than seven days.
(4) The child shall be brought
before a Family Tribunal by the
probation officer or social
welfare officer before the expiry
of the seven day period for an
order to be made.
(5) Until the Family Tribunal
determines the order, the Family
Tribunal may commit the child to
an approved residential home or to
the care of a probation officer,
social welfare officer or other
suitable person.
Section 20—Care Order of Family
Tribunal.
(1) A Family Tribunal may issue a
care order to the Department on an
application by a probation officer
or social welfare officer under
section 19(4).
(2) The care order shall remove
the child from a situation where
he is suffering or likely to
suffer significant harm and shall
transfer the parental rights to
the Department.
(3) The probation officer or
social welfare officer shall take
custody of the child and shall
determine the most suitable place
for the child which may be—
(a) an approved residential home;
(b) with an approved fit person;
or
(c) at the home of a parent,
guardian or relative.
(4) The maximum duration of a care
order shall be three years or
until the child attains eighteen
years which ever is earliest and
the Family Tribunal may make an
interim order or may vary the
order.
(5) The Family Tribunal may make a
further order that the parent,
guardian or other person
responsible for the child shall
pay for the cost of maintaining
the child.
(6) A Family Tribunal shall not
designate the manager of an
institution as an approved fit
person to whom the care of a child
can be entrusted unless the
institution is one which the
Minister responsible for Social
Welfare has approved by notice
published in the Gazette or the
institution is assigned that
function by or under an Act of
Parliament.
Section 21—Supervision Order of
Family Tribunal.
(1) A Family Tribunal may issue a
supervision order to the
Department on an application by a
probation officer or social
welfare officer under section
19(4).
(2) The supervision order shall be
aimed at preventing any
significant harm being caused to a
child whilst he remains at his
family home in the custody of his
parent, guardian or relative.
(3) The supervision order shall
place a child under the
supervision of the probation
officer or social welfare officer
while he remains in the custody of
his parent, guardian or relative.
(4) The maximum duration for a
supervision order shall be one
year or until the child attains
eighteen years.
Section 22—Duties of Probation
Officer and Social Worker.
The duties of a probation officer
or social welfare officer with
respect to a care or supervision
order are to—
(a) advise and help the child and
his family;
(b) take reasonable steps to
ensure that the child is not
subjected to harm; and
(c) hold regular reviews to plan
for the future of the child.
Section 23—Home Visits.
A
probation officer or social
welfare officer shall be permitted
by a parent, guardian or relative
of the child to visit the child at
his family home.
Section 24—General Provisions on
Orders.
(1) A child who contravenes an
order from the Family Tribunal and
runs away may be apprehended
without warrant by the police and
returned to the place of the care
or supervision order.
(2) The Family Tribunal may make
another order where the child has
run away in order to place the
child elsewhere if the approved
fit person is not willing to take
the child.
Section 25—Discharge of Orders.
A
care or supervision order may be
discharged in the best interest of
the child by the Family Tribunal
on the application of—
(a) the child;
(b) a probation officer;
(c) a social welfare officer; or
(d) a parent, guardian or relative
of the child.
Section 26—Care Order and
Adoption.
A
child under a care order whose
parent, guardian or relative does
not show an interest in the
welfare of the child within a
period stipulated by a Family
Tribunal may be put up for
adoption.
PART II—QUASI-JUDICIAL AND
JUDICIAL CHILD ADJUDICATION
Sub-Part I—Child Panels
Section 27—Establishment of Child
Panels.
There shall be established in each
district such number of Child
Panels as the District Assembly
may consider necessary.
Section 28—Functions of Child
Panels.
A
Child Panel shall have
non-judicial functions to mediate
in criminal and civil matters
which concern a child prescribed
under this Act.
Section 29—Composition of Child
Panel.
(1) A Child Panel shall consist of
the following persons in the
relevant district—
(a) the Chairman of the Social
Services Sub-Committee of a
District Assembly who shall be the
chairman;
(b) a member of a women's
organisation;
(c) a representative of the
Traditional Council;
(d) the district social worker,
who shall be the secretary;
(e) a member of the Justice and
Security Sub-Committee of the
District Assembly; and
(f) two other citizens from the
community of high moral character
and proven integrity one of whom
shall be all educationalist.
(2) The members of a Child Panel
shall be appointed by the
Minister.
(3) The tenure of office of a
Child Panel shall be the same as
that of the District Assembly.
Section 30—Meetings of Child
Panel.
(1) A Child Panel shall meet as
often as may be necessary except
that a Child Panel shall meet at
least once in every three months.
(2) The quorum at any meeting of a
Child Panel shall be four and in
the absence of the Chairman shall
be chaired by a member elected by
the members present from their
number.
(3) Any agreement made between the
parties shall be recorded by the
secretary to the Child Panel.
(4) Any person with a significant
interest in a matter before a
Child Panel may be invited to
attend and participate in its
deliberations.
(5) A Child Panel shall permit a
child to express his opinion and
participate in any decision which
affects the child's well being
commensurate with the level of
understanding of the child
concerned.
(6) Except as otherwise provided
in this Sub-Part a Child Panel
shall regulate the procedure at
its meetings.
Section 31—Child Panel in Civil
Matters.
A
Child Panel may mediate in any
civil matter concerned with the
rights of the child and parental
duties.
Section 32—Child Panel in Criminal
Matters.
(1) A Child Panel shall assist in
victim-offender mediation in minor
criminal matters involving a child
where the circumstances of the
offence are not aggravated.
(2) A Child Panel shall seek to
facilitate reconciliation between
the child and any person offended
by the action of the child.
(3) A child appearing before a
Child Panel shall be cautioned as
to the implications of his action
and that similar behaviour may
subject him to the juvenile
justice system.
(4) A Child Panel may decide to
impose a community guidance order
on a child with the consent of the
parties concerned in the matter.
(5) A community guidance order
means placing the child under the
guidance and supervision of a
person of good standing in the
local community for a period not
exceeding six months for purposes
of his reform.
(6) A Child Panel may in the
course of mediation propose an
apology, restitution to the
offended person or service by the
child to the offended person.
Sub-Part II—Family Tribunals
Section 33—Family Tribunals.
(1) There shall be Family
Tribunals which shall exercise the
jurisdiction provided under
section 35 and any other
provisions of this Act.
(2) Any reference to a Family
Tribunal in this Act shall be
construed to mean a Community
Tribunal established under the
Courts Act, 1993 (Act 459).
Section 34—Composition of Family
Tribunal.
A
Family Tribunal shall be duly
constituted by a panel consisting
of a Chairman and not less than
two or more than four other
members including a social welfare
officer appointed by the Chief
Justice on the recommendation of
the Director of Social Welfare.
Section 35—Jurisdiction of Family
Tribunal.
A
Family Tribunal shall have
jurisdiction in matters concerning
parentage, custody, access and
maintenance of children and shall
exercise such other powers as are
conferred on it by this Act or
under any other enactment.
Section 36—Family Tribunal
Sittings.
(1) A Family Tribunal shall sit
either in a different building or
room from that in which sittings
of other courts are held, or on
different days from those on which
sittings of other courts are held
and no person shall be present at
any sitting of a Family Tribunal
except—
(a) members and officers of the
Family Tribunal;
(b) parties to the case before the
Family Tribunal, their counsel,
witnesses and other persons
directly concerned in the case;
(c) the parent or guardian of the
child before the Family Tribunal;
(d) probation and social welfare
officers; and
(e) any other person whom the
Family Tribunal authorises to be
present.
(2) The Chairman of a Family
Tribunal shall arrange for its
sitting as often as possible to
dispose of cases expeditiously.
Section 37—Procedure at Family
Tribunal.
The proceedings at a Family
Tribunal shall be as informal as
possible and shall be by enquiry
and not by adversarial procedures.
Section 38—Rights of the Child at
Family Tribunal.
(1) A child shall have a right to
legal representation at a Family
Tribunal.
(2) A child shall have a right to
give an account and express an
opinion at a family Tribunal.
(3) A child's right to privacy
shall be respected throughout the
proceedings at a Family Tribunal.
(4) The right of appeal shall be
explained to the child, guardian
and parents.
Section 39—No Publication of
Information on Child.
(1) No person shall publish any
information that may lead to the
identification of a child in any
matter before a Family Tribunal
except with the permission of the
Family Tribunal.
(2) Any person who contravenes
this section commits an offence
and is liable on summary
conviction to a fine not exceeding
¢5 million or imprisonment for a
term not exceeding one year or to
both.
PART III—PARENTAGE, CUSTODY,
ACCESS AND MAINTENANCE
Sub-Part I—Parentage
Section 40—Application for
Parentage.
(1) The following persons may
apply to a Family Tribunal for an
order to confirm the parentage of
a child—
(a) the child;
(b) the parent of a child;
(c) the guardian of a child;
(d) a probation officer;
(e) a social welfare officer; or
(f) any other interested person.
(2) The application to the Family
Tribunal may be made—
(a) before the child is born; or
(b) within three years after the
death of the father or mother of a
child; or
(c) before a child is eighteen
years of age or after the child
has attained that age with special
leave of the Family Tribunal.
Section 41—Evidence of Parentage.
The following shall be considered
by a Family Tribunal as evidence
of parentage—
(a) the name of the parent entered
in the register of births;
(b) performance of customary
ceremony by the father of the
child;
(c) refusal by the parent to
submit to a medical test;
(d) public acknowledgement of
parentage; and
(e) any other matter that the
Family Tribunal may consider
relevant.
Section 42—Medical Test.
The Family Tribunal may order the
alleged parent to submit to a
medical test and the Tribunal
shall on the basis of the evidence
before it make such order as it
considers appropriate.
Sub-Part II—Custody and Access
Section 43—Custody.
A
parent, family member or any
person who is raising a child may
apply to a Family Tribunal for
custody of the child.
Section 44—Access.
A
parent, family member or any
person who has been caring for a
child may apply to a Family
Tribunal for periodic access to
the child.
Section 45—Considerations for
Custody or Access.
(1) A Family Tribunal shall
consider the best interest of the
child and the importance of a
young child being with his mother
when making an order for custody
or access.
(2) Subject to subsection (1) a
Family Tribunal shall also
consider—
(a) the age of the child;
(b) that it is preferable for a
child to be with his parents
except if his rights are
persistently being abused by his
parents;
(c) the views of the child if the
views have been independently
given;
(d) that it is desirable to keep
siblings together;
(e) the need for continuity in the
care and control of the child; and
(f) any other matter that the
Family Tribunal may consider
relevant.
Section 46—Unlawful Child Removal.
No person shall unlawfully remove
a child from another person who
has the lawful custody of the
child.
Sub-Part III—Maintenance
Section 47—Duty to Maintain a
Child.
(1) A parent or any other person
who is legally liable to maintain
a child or contribute towards the
maintenance of the child is under
a duty to supply the necessaries
of health, life, education and
reasonable shelter for the child.
(2) For the purpose of this
section, education means basic
education.
Section 48—Application for
Maintenance Order.
(1) The following persons who have
custody of a child may apply to a
Family Tribunal for a maintenance
order for the child—
(a) a parent of the child;
(b) the guardian of the child; or
(c) any other person.
(2) The following may also apply
to a Family Tribunal for a
maintenance order—
(a) the child by his next friend;
(b) a probation officer;
(c) a social welfare officer; or
(d) the Commission on Human
Rights and Administrative Justice.
(3) The application for
maintenance may be made against
any person who is liable to
maintain the child or contribute
towards the maintenance of the
child.
Section 49—Considerations for
Maintenance Orders.
A
Family Tribunal shall consider the
following when making a
maintenance order—
(a) the income and wealth of both
parents of the child or of the
person legally liable to maintain
the child;
(b) any impairment of the earning
capacity of the person with a duty
to maintain the child;
(c) the financial responsibility
of the person with respect to the
maintenance of other children;
(d) the cost of living in the area
where the child is resident;
(e) the rights of the child
under this Act; and
(f) any other matter which the
Family Tribunal considers
relevant.
Section 50—Request for Social
Enquiry Report.
(1) A Family Tribunal may request
that a probation officer or social
welfare officer prepare a social
enquiry report on the issue of
maintenance before it for
consideration.
(2) The Family Tribunal shall in
making any order consider the
social enquiry report prepared by
the probation officer or social
welfare officer.
Section 51—Form of Maintenance
Order.
(1) A Family Tribunal may award
maintenance to the mother of a
child whether married to the
father or not where the father has
been identified, and the
maintenance shall include the
following—
(a) medical expenses for the
duration of her pregnancy,
delivery or death of the child;
(b) a periodic allowance for the
maintenance of the mother during
her period of pregnancy and for a
further period of nine months
after the delivery of the child;
and
(c) the payment of a reasonable
sum to be determined by the Family
Tribunal for the continued
education of the mother if she is
a child herself.
(2) A Family Tribunal may order a
periodic payment or lump sum
payment for the maintenance of a
child and the earnings or property
of the person liable may be
attached.
(3) The attachment order should be
applicable in all cases of failure
to pay maintenance.
(4) When considering an
application for maintenance, a
Family Tribunal may make a
maintenance order which it
considers reasonable for any child
in the household.
(5) A Family Tribunal may make an
order for arrears of maintenance
against any person liable to pay
the maintenance.
Section 52—Persons Entitled to
Maintenance Order.
(1) Any person who has custody of
a child who is the subject of a
maintenance order is entitled to
receive and administer the
maintenance order of the Family
Tribunal.
(2) If the parent, guardian or
whoever has custody of the child
should cease to be a fit person,
the Family Tribunal of the area
where the child is resident may
appoint another person to have
custody of the child and
administer the maintenance order
and that person shall act as if
originally appointed by the Family
Tribunal.
Section 53—Duration of Order.
(1) A maintenance order issued by
a Family Tribunal shall expire
when the child attains the age of
eighteen years or dies before that
age.
(2) A maintenance order shall
lapse before the child attains the
age of eighteen years if before
that age the child is gainfully
employed.
Section 54—Continuation of
Maintenance Orders in Certain
Cases.
(1) Notwithstanding section 53 a
Family Tribunal may continue a
maintenance order after a child
has attained eighteen years if the
child is engaged in a course of
continuing education or training
after that age.
(2) An application under this
section may be brought by a parent
of the child, any person who has
the custody of the young person or
the young person concerned.
Section 55—Variation or Discharge
of Orders.
A
Family Tribunal may if satisfied
vary or discharge a maintenance
order on the application of a
parent, the person who has the
custody of the child or young
person or any other person legally
liable to maintain the child.
Section 56—Enforcement of Order.
An action may be brought by any
person to enforce a maintenance
order thirty days after the order
is made or due.
Section 57—Non-custodial Parent to
have Access to Child.
A
non-custodian parent in respect of
whom an application is made to a
Family Tribunal for an order of
parentage, custody, access or
maintenance under this Part shall
have access to the child who is
the subject of the order.
Section 58—Duplicity of
Maintenance Applications.
The provisions of this Act are
subject to the Matrimonial Causes
Act, 1971 (Act 367) and no action
may be brought for a maintenance
order if an application for
maintenance is pending in
matrimonial proceedings.
Section 59—Offences Under this
Part.
Any person who—
(a) unlawfully removes a child
from another person who has lawful
custody of the child contrary to
section 46; or
(b) fails to supply the
necessaries of health, life,
education, and reasonable shelter
for a child when legally liable to
do so contrary to section 47; or
(c) brings an action maintenance
under this Part while an
application for maintenance is
pending in matrimonial proceedings
commits an offence and is liable
on summary conviction to fine not
exceeding ¢2 million or a term of
imprisonment not exceeding six
months or to both.
Section 60—Procedure for
Applications.
The forms to be used and the
procedure for applications under
this Part shall be provided for by
regulations made under this Act.
Section 61—Waiver of Fees.
The Chief Justice may by
legislative instrument waive part
or all of the filing fees or other
fees payable for an application
under this Part.
PART IV—FOSTERAGE AND ADOPTION
Sub-Part I—Fosterage
Section 62—Person who can Foster.
Any person above the age of
twenty-one years of high moral
character and proven integrity may
be a foster-parent to a child.
Section 63—Definition of
Foster-Parent.
A
foster parent is a person who is
not the parent of a child but is
willing to undertake the care and
maintenance of the child.
Section 64—Foster-Care Placement.
(1) Where—
(a) a child has been committed to
an approved residential home under
a care order;
(b) a recommendation has been made
by a probation officer or social
welfare officer that an approved
residential home is the most
suitable place for a child; or
(c) a child has been placed in an
approved residential home by any
person, a committee comprising a
probation officer, social welfare
officer, person in charge of the
approved residential home and two
other people from the community
with interest in the welfare of
children selected by the
Department may place the child
with a foster-parent.
(2) An application to foster a
child shall otherwise be made to a
probation officer, social welfare
officer or to the person in charge
of the approved residential home
who shall forward the application
to the Department.
(3) A foster-parent in whose care
a child is placed or committed
shall have the same
responsibilities in respect of the
child's maintenance as the parent
of the child while the child
remains in his care.
(4) A foster-parent is liable for
contravention of any of the
provisions under Part I of this
Act.
(5) The Minister may by
legislative instrument make
regulations on fosterage.
Sub-Part II—Adoption Application
Section 65—Jurisdiction and
Procedure for Adoption.
An application for an adoption
order may be made to the High
Court, Circuit Court or to any
Family Tribunal within the
jurisdiction where the applicant
or the child resides at the date
of the application.
Section 66—Application for
Adoption.
(1) An application for an adoption
order may be made jointly by a
husband and his wife to adopt a
child.
(2) An application for an adoption
order may be made by the mother or
father of the child alone or by
either of them jointly with a
spouse.
(3) An application for an adoption
order may be made by a single
person subject to the provisions
of this Sub-Part except that this
shall only apply to a citizen of
Ghana and with due regard to the
best interest of the child.
Section 67—Restrictions on Making
Adoption Orders.
(1) An adoption order shall not be
made unless the applicant or, in
the case of a joint application,
one of the applicants—
(a) is twenty-five years of age
and is at least twenty-one years
older than the child; or
(b) is a relative of the child and
is twenty-one years of age.
(2) A male applicant shall only be
granted an adoption order if the
application is in respect of his
son or the court is satisfied that
special circumstances warrant the
order.
(3) An adoption order shall not be
made for a child unless—
(a) the applicant and the child
reside in Ghana but this shall not
apply if the applicant is a
citizen of Ghana resident abroad;
(b) the child has been
continuously in the care and
possession of the applicant for at
least three consecutive months
immediately preceding the date of
the order; and
(c) the applicant has notified the
Department of his intention to
apply for an adoption order for
the child at least three months
before the date of the order.
(4) Except as provided under
section 66 an adoption order shall
not be made to authorise more than
one person to adopt a child.
Section 68—Consent of Parents and
Guardians.
(1) An adoption order shall only
be made with the consent of the
parents or guardian of the child.
(2) The court may dispense with
the consent of any parent or
guardian of the child if satisfied
that the parent or guardian has
neglected or persistently
ill-treated the child, or that the
person cannot be found or is
incapable of giving consent or
that the consent is unreasonably
withheld.
(3) Any consent under this section
may be given without the knowledge
of the identity of the applicant
for the order and where the
consent is subsequently withdrawn
only because the identity of the
applicant was not known, the
consent shall be considered to
have been unreasonably withheld.
(4) Any parent or guardian of a
child the subject of an
application for adoption who has
given consent for the adoption
order shall not be entitled to
remove the child from the care and
possession of the applicant except
with the permission of the court
and in the best interest of the
child.
Section 69—Other Consent.
(1) The court may require
the consent of any person for an
adoption order if it considers
that the person has any rights or
obligations in respect of the
child such as under an agreement,
court order or under customary
law.
(2) Subject to sub-section (2) of
section 66, where a married person
is the sole applicant, the court
may require the consent of the
spouse of that person before the
adoption order is made.
Section 70—Conditions for Adoption
Order.
(1) Before a court makes an
adoption order it shall be
satisfied that—
(a) the consent required under
this Sub-Part for the adoption
order has been obtained and that
the parent or guardian of the
child understands that the effect
of the adoption order will mean
permanent deprivation of parental
rights;
(b) it is in the best interest of
the child and that the wishes of
the child have been considered if
the child is capable of forming an
opinion;
(c) if the child is at least
fourteen years of age, his consent
to the adoption has been obtained
unless it is impossible for the
child to express an opinion; and
(d) the applicant has not received
or agreed to receive any payment
and that no person has made or
agreed to make any payment or
given or agreed to give any reward
to the applicant for the adoption
except such as the court may
order.
(2) The court may impose
conditions when granting an
adoption order and may require the
applicant to enter a bond to make
such provision in respect of the
child as the court considers
necessary.
(3) The adoption order shall
include the following particulars
the—
(a) date and place of birth of the
child;
(b) name, gender and surname of
the child before and after
adoption;
(c) name, surname, address,
citizenship and occupation of the
adopter; and
(d) date of the adoption order
unless the court directs
otherwise.
Section 71—Interim order.
(1) Subject to the provisions of
this section, the court may
postpone the determination of the
application and make an interim
order giving the custody of the
child to the applicant for a
period not exceeding two years by
way of probation and may attach
such terms including provision for
the maintenance, education and
supervision of the child as it
thinks fit.
(2) When making an interim order
the court shall impose conditions
that—
(a) the child shall be under the
supervision of a probation officer
or a social welfare officer; and
(b) the child shall not be taken
out of Ghana without the
permission of the court.
(3) The consent and the power to
dispense with consent shall be the
same for an interim order of
adoption as for an adoption order.
(4) No interim order shall be
made unless section 67 (3) has
been complied with.
(5) An interim order shall not be
considered to be an adoption order
under this Sub-Part.
Section 72—Knowledge of Adoption
by Child.
(1) An adoptive parent shall
inform the adopted child of the
fact that the child is adopted and
his parentage but this disclosure
shall only be made if it is in the
best interest of the child and if
the child is at least fourteen
years of age.
(2) No person other than the
adoptive parent shall disclose
adoption to the adopted child.
(3) Any person who contravenes
this provision commits an offence
and is liable on summary
conviction to a fine not exceeding
¢2 million or to a term of
imprisonment not exceeding six
months or to both.
Section 73—Application by
Non-Citizen.
In an application for adoption by
an applicant who is not a citizen
of Ghana or where there is a joint
application and one applicant is
not a citizen of Ghana, the court
shall make an interim order for a
period of not less than two years
and shall postpone the
determination of the application.
Section 74—Children Previously
Adopted.
An adoption order or an interim
order may be made for a child who
has already been adopted and the
adopter under the previous
adoption shall, if alive, be
considered as the parent or
guardian of the child for the
purpose of the subsequent
adoption.
Section 75—Effect of Adoption on
Parental Rights.
(1) When an adoption order is
made—
(a) the rights, duties,
obligations and liabilities
including those under customary
law of the parents of the child or
of any other person connected with
the child of any nature whatsoever
shall cease; and
(b) the adopter of the child shall
assume the parental rights,
duties, obligations and
liabilities of the child with
respect to custody, maintenance
and education as if the child were
born to the adopter.
(2) Where an adoption order is
made jointly to a husband and
wife, they shall assume the
parental responsibilities jointly
and the child shall relate to them
as parents as if born naturally by
them as husband and wife.
Sub-Part III—Devolution of
Property on Adoption
Section 76—Devolution of Property
on Intestacy.
(1) Where an adopter dies
intestate, his property shall
devolve in all respects as if the
adopted child is the natural child
of the adopter.
(2) For the avoidance of doubt an
adopted child is not entitled to
inherit from his natural parents
on intestacy.
Section 77—Testamentary
Disposition.
(1) In a testamentary disposition
of property, whether or not in
writing made after the date of an
adoption order—
(a) any reference whether express
or implied to the child of the
adopter shall unless the contrary
intention appears be construed as
a reference to the adopted child;
(b) where a disposition made by
the adopter prior to the adoption
order makes no provision for the
adopted child, the adopted child
may apply to court to vary the
disposition to provide for the
adopted child from the estate of
the adopter;
(c) any reference to a child of
the adopted child's natural
parents in a will shall not be
construed as including a reference
to the adopted child unless the
contrary intention appears.
(d) any reference to a person
related to the adopter shall
unless the contrary intention
appears be construed as a
reference to the person as if he
were the relative of the child who
is adopted.
(2) A disposition by will executed
before the date of the adoption
order shall not be treated for the
purpose of this section as if made
after that date by a codicil
giving retrospective effect to the
will.
Section 78—Supplementary
Provisions on Intestacy and
Testamentary Disposition.
(1) The administrators or
executors of an estate may
distribute the estate of a
deceased person to persons
entitled under the estate without
incurring any liability where at
the time of the distribution they
had no notice of an adoption order
by virtue of which the adopted
person is to benefit under the
estate but this shall not
prejudice the right of any
entitled person to trace the
property except against a
purchaser in good faith.
(2) The previous adoption order of
a child that has been adopted for
a second time shall be disregarded
for the purpose of devolution of
property on the death of the
previous adopter.
Sub-Part IV—Miscellaneous Adoption
Provisions
Section 79—Adoption Order and
Customary Law.
(1) An adopted child shall be
subject to customary law as if he
were the natural child of the
adopter only if the adopter is
subject to customary law.
(2) Where there is joint adoption
by husband and wife references to
the adopter in this section shall
be taken as a reference to the
husband and wife.
Section 80—Adoption Order and
Citizenship.
(1) A child need not be a citizen
of Ghana to be adopted.
(2) A child of not more than
sixteen years of age neither of
whose parents is a citizen of
Ghana shall be a citizen of Ghana
if adopted by a citizen of Ghana.
Section 81—Effect of Adoption
Order on Fit Person Order.
Where an adoption order is made in
respect of a child under a fit
person care order of a Family
Tribunal, the fit person care
order shall cease to apply.
Section 82—Adopted Children
Register.
(1) The Registrar-General shall
maintain at his office an Adopted
Children Register in which shall
be recorded particulars of the
adoption order or interim order as
the court may direct to be made
under this Part.
(2) Notwithstanding the provision
made in any regulations under the
Adoption Act 1962 (Act 104), every
adoption order or interim order
made by a court shall be served on
the Registrar-General by the
registrar of the court concerned
within 30 days of the making of
the order.
(3) The Registrar-General may by
executive instrument make rules
with respect to the Adopted
Children Register particularly
rules—
(a) for the admission in evidence
of a certified copy of an entry in
the Adopted Children Register;
(b) as to searches in that
Register and the fees to be
charged for service in connection
with that Register.
(4) The Registrar-General shall
keep other records that relate to
entries in the Register of Births
on adoption together with entries
in the Adopted Children Register
but these records shall not be
available to the public and shall
not be given to any person except
under a court order.
Section 83—Offences Related to
Adoption.
(1) No person shall give any
payment or reward in respect of
all adoption order except with
approval of the court.
(2) No person shall receive any
payment or reward in respect of
any arrangement that may or may
not lead to an adoption order.
(3) Any person who contravenes
this section commits an offence
and is liable on summary
conviction to a fine not exceeding
¢5 million or to a term of
imprisonment not exceeding one
year or to both.
Section 84—Notice to be Given to
Send Child Abroad.
(1) The Department shall be
notified by the adopter when the
adopted child is being sent out of
the country permanently after the
adoption order has been made by
the Court.
(2) This notice shall be given to
the Department 30 days before the
departure of the adopter and the
adopted child from the country.
(3) Any person who contravenes
this provision commits an offence
and is liable on summary
conviction to a fine not exceeding
¢2 million or to a term of
imprisonment not exceeding six
months or to both.
Section 85—Inter-Country Adoption.
(1) Subject to the provisions of
this Part, the Department may
investigate an application for
inter-country adoption as an
alternative means of child care,
if a child cannot be placed in a
foster or an adoptive family in
Ghana or cannot in any suitable
manner be cared for in Ghana.
(2) A court may grant an
inter-country adoption order if it
is in the best interest of the
child.
Section 86—Procedure Rules for
Adoption
(1) For the purpose of adoption
applications, the Rules of Court
Committee may by constitutional
instrument make rules for the
procedure of adoption.
(2) The rules shall provide for—
(a) the proceedings to be held in
camera except under exceptional
circumstances;
(b) the admission of documentary
evidence relating to the consent
required for the order;
(c) requiring a probation officer
or social welfare officer to
represent the interest of the
child in proceedings relating to
an adoption order or an interim
order;
(d) requiring a probation officer
or social welfare officer to
prepare a social enquiry report to
assist the court to determine
whether the adoption order is in
the best interest of the child or
not; and
(e) any other matter that the
Committee may determine.
(3) For the purposes of this Part
"court" means the High Court,
Circuit Court and Family Tribunal
within the jurisdiction where the
applicant or the child resides at
the time of the application.
PART V—EMPLOYMENT OF CHILDREN
Sub-Part I—Child Labour
Section 87—Prohibition of
Exploitative Child Labour
(1) No person shall engage a child
in exploitative labour.
(2) Labour is exploitative of a
child if it deprives the child of
its health, education or
development.
Section 88—Prohibition of Child
Labour at Night.
(1) No person shall engage a
child in night work.
(2) Night work constitutes work
between the hours of eight o'clock
in the evening and six o'clock in
the morning.
Section 89—Minimum Age for Child
Labour.
The minimum age for admission of a
child to employment shall be
fifteen years.
Section 90—Minimum Age for Light
Work.
(1) The minimum age for the
engagement of a child in light
work shall be thirteen years.
(2) Light work constitutes work
which is not likely to be harmful
to the health or development of
the child and does not affect the
child's attendance at school or
the capacity of the child to
benefit from school work.
Section 91—Minimum Age for
Hazardous Employment.
(1) The minimum age for the
engagement of a person in
hazardous work is eighteen years.
(2) Work is hazardous when it
poses a danger to the health,
safety or morals of a person.
(3) Hazardous work includes—
(a) going to sea;
(b) mining and quarrying;
(c) porterage of heavy loads;
(d) manufacturing industries
where chemicals are produced or
used;
(e) work in places where machines
are used; and
(f) work in places such as bars,
hotels and places of entertainment
where a person may be exposed to
immoral behaviour.
Section 92—Application.
For the avoidance of doubt, this
Sub-Part shall apply to employment
in the formal and informal sector.
Section 93—Registration of
Children in Industrial
Undertakings.
(1) An employer in an industrial
undertaking shall keep a register
of the children employed by him
and of the dates of their births
if known or of their apparent ages
if their dates of birth are not
known.
(2) An industrial undertaking is
an undertaking other than one in
commerce or agriculture and
includes—
(a) mines, quarries and other
works for the extraction of
minerals from the earth;
(b) undertakings in which articles
are manufactured, altered,
cleaned, repaired, ornamented,
finished, adopted for sale, broken
up or demolished, or in which
materials are transformed
including undertakings engaged in
ship building or in the
generation, transformation or
transmission of electricity or
motive power of any kind;
(c) undertakings engaged in the
transport of passengers or goods
by road or rail including the
handling of goods at docks, quays,
wharves, warehouses and
airports.[As amended by Labour
Act, 2003 (Act 651),sch. iv].
Section 94—Offences Under this
Sub-Part.
(1) Any person who contravenes the
provisions of this Sub-Part
commits an offence and is liable
on summary conviction to a fine
not exceeding ¢10 million or to
imprisonment for a term not
exceeding two years or to both.
(2) Notwithstanding subsection (1)
of this section, any person who
contravenes section 93(1) commits
an offence and is liable on
conviction to a fine not exceeding
¢500,000.00.
Section 95—Enforcement in Formal
Sector.
(1) A district labour officer
shall carry out any enquiry he may
consider necessary in order to
satisfy himself that the
provisions of this Sub-Part with
respect to labour by children in
the formal sector are being
strictly observed.[As amended by
Labour Act, 2003 (Act 651), sch.
iv].
(2) For purposes of this section
any person may be interrogated by
a district labour officer.
(3) If a district labour officer
is reasonably satisfied that the
provisions of this Sub-Part are
not being complied with he shall
report the matter to the police
who shall investigate the matter
and take the appropriate steps to
prosecute the offender.
Section 96—Enforcement in the
Informal Sector.
(1) The Social Services
Sub-Committee of a District
Assembly and the Department shall
be responsible for the enforcement
of the provisions of this Sub-Part
in the informal sector.
(2) For purposes of this section
any person may be interrogated by
a member of the Social Services
Sub-Committee or by a member of
the Department.
(3) If the member of the Social
Services Sub-Committee or the
Department is reasonably satisfied
that the provisions of this
Sub-Part are not being complied
with he shall report the matter to
the police who shall investigate
the matter and take the
appropriate steps to prosecute the
offender.
(4) Where the offender is a family
member of the child whose rights
are being infringed under this
Sub-Part, the Social Services
Sub-Committee or the Department
shall request a probation officer
or social welfare officer to
prepare a social enquiry report on
the matter.
(5) The social enquiry report
prepared under subsection (4) of
this section shall be considered
by the police before any action is
taken against the offender.
Sub-Part II—Apprenticeship
Section 97—Act to Apply to
Apprenticeship in the Informal
Sector.
This Act applies to child
apprentices in the informal sector
Section 98—Minimum Age for
Apprentices.
The minimum age at which a child
may commence an apprenticeship
with a craftsman is fifteen years
or after completion of basic
education.
Section 99—Responsibilities of
Craftsman.
The responsibilities of a
craftsman towards an apprentice
under his care shall be as follows
to—
(a) train and instruct the
apprentice in a trade to the best
of the ability, skill and
knowledge of the craftsman and to
the best ability of the apprentice
or cause the apprentice to be
trained in a trade under the
supervision of the craftsman;
(b) be responsible for any harm
caused to the apprentice in the
course of his training;
(c) provide food for the
apprentice unless otherwise
agreed;
(d) provide a safe and healthy
environment for the apprentice;
(e) be responsible for the moral
training of the apprentice; and
(f) protect the best interest of
the apprentice generally.
Section 100—Apprenticeship
Agreement.
(1) The parent, guardian or
relative of an apprentice shall
enter into an apprenticeship
agreement with the craftsman.
(2) The agreement shall be in
accordance with the custom which
pertains to the specific trade but
shall not include the performance
of any induction ceremony which
may conflict with the rights of
the child contained in Sub-Part I
of Part I of this Act.
(3) The agreement shall contain
such matters as may be agreed
between the parties and may
include—
(a) provision that the parent,
guardian or relative shall bear
the cost of protective clothing
and the basic tools for the
training of the apprentice;
(b) a duty that the craftsman is
to provide shelter for the
apprentice; and
(c) a provision that the craftsman
is to give the apprentice an
allowance of not less than half
the minimum national daily wage
for his daily sustenance.
(4) The agreement shall be in
writing and shall contain
provisions in the best interest of
the parties and the apprentice.
(5) Should either party to the
agreement contravene its terms,
the agreement shall immediately
lapse unless there is a contrary
intention in the agreement.
Section 101—Duties of Apprentice.
An apprentice shall diligently and
faithfully obey and serve the
craftsman and shall agree—
(a) that he will not absent
himself from the apprenticeship
without permission;
(b) to prevent any deliberate
damage to the property of the
craftsman; and
(c) not to conceal any damage to
the property of the craftsman.
Section 102—Release of Apprentice.
(1) The conditions for the release
of an apprentice upon the
completion of his training shall
not be exploitative and shall be
in accordance with the best
interest of the child under
Sub-Part I of Part I of this Act.
(2) The craftsman shall on
completion of a period of
apprenticeship issue a certificate
of release to the apprentice which
shall indicate that the apprentice
has completed his training.
(3) If the craftsman refuses to
issue the certificate of release
without just cause he commits an
offence and is liable on summary
conviction to a fine not exceeding
¢2 million or six months
imprisonment or both.
Section 103—Resolution of
Disputes.
Disputes related to an
apprenticeship agreement shall be
referred to the district labour
officer of the district concerned
by the parties to the
apprenticeship agreement or the
apprentice.
Section 104—Application of
Sub-Part I of this Part.
The provisions of Sub-Part I of
this Part on Child Labour shall
apply to this Sub-Part.
PART VI—INSTITUTIONALISED CARE AND
MISCELLANEOUS MATTERS
Sub-Part I—Approved Residential
Homes
Section 105—Approval of
Residential Home.
(1) The Government may establish a
home referred to this Act as "a
home" for the care of children in
such areas as the Minister may
determine.
(2) Any person or an NGO may also
establish and operate a home for
the care of children subject to
the approval of the Minister.
(3) An application for the
approval of a home shall be
submitted to the Minister.
(4) The Minister shall cause the
home to be inspected by the
Department and if the home meets
the required standard it shall be
approved by notice published in
the Gazette.
(5) Upon approval by the Minister,
the home shall obtain a licence to
operate issued by the Minister
after payment of the prescribed
fee but this provision shall not
apply to a government home.
(6) Any non-governmental home in
existence at the commencement of
this Act shall apply to the
Minister for approval and the
issue of a licence within a period
of six months from the
commencement of this Act.
Section 106—Department to Monitor
Homes.
The Department of a District
Assembly shall monitor homes
within its district.
Section 107—Power of Minister to
Give Directives to Homes.
The Minister may give such orders
and directions to a home as may be
expedient in the public interest.
Section 108—Inspection.
The Minister may authorise the
inspection of a home by the
Department at any time to ensure
that the home is being maintained
at the required standard.
Section 109—Admission of Children
to Homes.
(1) A child may be admitted to a
home—
(a) pending the determination by a
Family Tribunal of an order under
Sub-Part II of Part I of this Act;
(b) on the recommendation of a
probation officer or social
welfare officer who has determined
that the approved home is the most
suitable place for the child; or
(c) if the child is an orphan and
family care and fosterage are not
available.
(2) If a home fails to maintain
the required standard its licence
to operate may be cancelled or
suspended by the Minister and
alternative arrangements shall be
made by the Department for
the children in the home.
(3) It shall be the responsibility
of the staff of a home, the
probation and social welfare
officer and any other person to
assist a child resident in the
home to become reunited with its
parents, guardian or relatives.
(4) After a child has been
returned to his family home from a
home, the probation and social
welfare officer shall keep in
regular contact with the child and
his family to ensure that the best
interest of the child is
sustained.
(5) Where a child is unable to
return to his parents or to go to
foster-parents or has no parent or
foster-parent, he shall be
encouraged and assisted by the
home and the probation and social
welfare officer to become
independent and self-reliant.
Section 110—Parental
Responsibility of Staff of
Approved Homes.
(1) While a child is in a home the
staff of the home shall assume
parental responsibility for the
child and ensure that the rights
of the child in Sub-Part I of Part
I of this Act are protected.
(2) Notwithstanding subsection (1)
of this section, the parents,
guardian or relatives of a child
in a home shall supplement the
efforts of the home to safeguard
and promote the welfare of the
child by visiting the child and
otherwise protecting the interest
of the child.
(3) Parental responsibility of a
child in a home shall include an
application to a Family Tribunal
to protect the best interest of
the child where necessary.
Section 111—Power of Family
Tribunal to Order Contribution.
(1) A Family Tribunal may order
that the parent, guardian or
relative of a child in a home
shall contribute towards the
maintenance of the child in the
home.
(2) Any amount to be contributed
shall be reasonable and may be
varied by the Family Tribunal if
there is a change in circumstances
of the contributor.
Section 112—Approved Home and
Adoption.
(1) Subject to the provisions of
this Act a child in a home shall
be put up for adoption if it is in
the best interest of the child.
(2) The decision for the adoption
of a child in a home shall be
taken by the Department in
consultation with the management
of the home.
Section 113—Regulations and Homes.
The Minister may by legislative
instrument make regulations for
homes.
Section 114—Offences Under this
Sub-Part.
(1) The penalty for contravention
in respect of the rights of the
child and parental duty in Section
15 of this Act shall apply to any
person in a home who fails to
uphold the rights of the child.
(2) Any person who—
(a) operates a home without a
licence issued by the Minister; or
(b) continues to operate a home in
contravention of this Sub-Part; or
(c) obstructs or hinders any
person conducting an inspection
under this Sub-Part commits an
offence and is liable on summary
conviction to a fine not exceeding
¢5 million or to a term of
imprisonment not exceeding one
year or to both and in the case of
a continuing offence to a further
fine not exceeding ¢100,000 for
each day on which the offence
continues.
Sub-Part II—Day Care Centres
Section 115—Application to Operate
Day-Care Centre.
(1) An application for a permit to
operate a day-care centre shall be
submitted by the applicant to the
Department.
(2) The application shall be
accompanied by such fees as may be
prescribed in a bye-law of a
District Assembly.
(3) The Department shall inspect
the proposed day-care centre and
if it meets the required standard
it shall approve the application
and grant a permit upon payment of
the fee for the permit prescribed
in a bye-law.
(4) Any day-care centre in
operation without a permit granted
by a Department shall be closed on
fourteen days notice to the owner
or operator by the Department.
Section 116—Inspection.
(1) The Department shall inspect
the premises, books, accounts and
other records of a day-care centre
at least once in every month and
shall submit a report of the
inspection to the Social Services
Sub-Committee of a District
Assembly.
(2) If the inspection reveals that
the day-care centre is not being
managed efficiently in the best
interest of the children, the
Department shall suspend the
permit and the owner or operator
shall be ordered to make good any
default within the stipulated
time.
(3) If the owner or operator fails
to make good the default within
the stipulated time, the permit
shall be cancelled.
Section 117—Bye-laws and
Guidelines.
A
District Assembly shall issue such
bye-laws and guidelines as it may
determine for the operation of
day-care centres within its
district.
Section 118—Policy Directives.
The Ministry for Social Welfare
and the Ministry for Education may
issue such policy directives as
may be necessary for the
operation of day-care centres.
Section 119—Existing Operators.
Any person who owns or operates a
day-care centre before the
commencement of this Act who
intends to continue to operate the
day-care centre shall apply to the
Department for a permit within six
months of the commencement of this
Act.
Section 120—Offences Under this
Sub-Part.
Any person who—
(a) operates a day-care centre
without a permit issued by the
Department; or
(b) continues to operate a
day-care centre in contravention
of this Part; or
(c) obstructs or hinders any
person conducting an inspection
under this Sub-Part commits an
offence and is liable on summary
conviction to a fine not
exceeding ¢5 million or to a term
of imprisonment not exceeding one
year or to both and in the case of
a continuing offence to a further
fine not exceeding ¢100,000 for
each day on which the offence
continues.
Sub-Part III—Miscellaneous
Provisions
Section 121—Registration of
Births.
(1) The District Health Department
of a District Assembly shall in
consultation with the Department
of the District Assembly be
responsible for registration of
births in the district.
(2) The registration of births
shall form part of the district
primary health care programme.
(3) The District Assembly may
delegate any of its functions
under this section to a Unit
Committee or to such other person
as it may determine to be
appropriate.
Section 122—Determination of Age
of a Child.
(1) In the absence of a birth
certificate or a baptismal
certificate a certificate signed
by a medical officer as to the age
of a child below eighteen years of
age shall be evidence of that age
before a Family Tribunal without
proof of signature unless the
court directs otherwise.
(2) An order of a Family Tribunal
shall not be invalidated by any
subsequent proof that the age of
the child has not been correctly
stated to the Family Tribunal and
the age presumed or declared by
the Family Tribunal to be the age
of that child shall be deemed to
be the true age for the purpose of
any proceedings under this Act.
(3) A statutory declaration issued
and certified by the High Court of
Justice or person authorised by
law to authenticate same as to
the age of a child upon an
application by a parent or
guardian of the child shall be
evidence of the age of that child.
Section 123—Regulations.
(1) Without limiting the power to
make regulations under any Part of
this Act, the Minister may by
legislative instrument make
regulations—
(a) in respect of care and
protection under Sub-Part II of
Part I;
(b) on fosterage under Sub-Part I
of Part IV;
(c) on child labour under Sub-Part
I of Part V;
(d) on apprenticeship under
Sub-Part II of Part V;
(e) on homes under Sub-Part I of
Part VI;
(f) on day-care centres under
Sub-Part II of Part VI; and
(g) generally for the
implementation of the provisions
of this Act.
(2) Regulations made under this
Act may provide for the charging
of fees for anything to be done
under this Act.
Section 124—Interpretation.
In this Act unless the context
otherwise requires—
“approved residential home” means
a residential home for children
which is run by Government or a
non-governmental home licensed by
the Minister where children are
given temporary substitute family
care;
“child abuse” means contravention
of the rights of the child which
causes physical or mental harm to
the child;
“craftsman” means a person who can
train and instruct an apprentice
in a trade;
“day-care centre" means any early
childhood development
establishment where children below
compulsory school going age are
received and looked after for the
day or a substantial part of the
day with or without a fee;
"Department" means the Social
Welfare and Community Development
Department of a District Assembly;
"disabled child" means a child who
suffers from abnormalities or loss
of physiological functions,
anatomic structure or
psychological state and has lost
in part or wholly the ability to
engage in activities in a normal
way and is as a result hampered in
his normal functions in certain
areas of social life;
"district" means the area of
authority of a District Assembly
and includes a municipality and
metropolis;
"District Assembly" includes
Municipal and Metropolitan
Assembly;
"District Chief Executive"
includes Municipal and
Metropolitan Chief Executives;
"
fit person" means a person of full
age who is of high moral character
and integrity and of sound mind
capable of looking after a child,
is not a relative of the child and
has been registered by a probation
officer or social welfare officer
as being able to provide a caring
home for a child;
"home" means a residential place
where a child is given temporary
substitute family care;
"informal sector" means the area
of economy other than industry;
"institution" means an approved
residential home;
"inter-country adoption" means the
adoption of a child by a person
who is not a citizen of Ghana who
resides outside Ghana and the
removal of the adopted child from
the jurisdiction;
"minor criminal matter" means a
minor offence such as petty theft,
petty assault and threatening
offences;
"Minister" means the Minister
responsible for Social Welfare;
"next friend" means a person who
intervenes to assist a child to
bring a legal action;
"NGO" means a non-governmental
organisation;
"parent" means natural parent and
includes a person acting in
whatever way as parent;
"young person"[Deleted by Labour
Act, 2003 (Act 651), sch.iv].
Section 125—Amendments and
Repeals.
The enactments specified in the
first column of the Schedule to
this Act are amended or repealed
in the manner specified in the
second column of that Schedule.
Section 126—Savings.
(1) Notwithstanding the repeal of
the enactments specified in the
Schedule to this Act—
(a) the Day Care Centres
Regulations, 1979 (L.I. 1230);
(b) the Adoption (High Court)
Rules 1963 (L.I. 276); and
(c) any other rules or regulations
made under the repealed enactments
and in force immediately before
the commencement of this Act are
hereby continued in force until
amended or revoked or otherwise
dealt with under this Act.
(2) Family Tribunals in existence
immediately before the
commencement of this Act by virtue
of an enactment repealed by this
Act are hereby continued in
existence subject to the
provisions of this Act.
SCHEDULE
(Section 125)
Consequential Amendments and
repeals
Enactment |
How affected |
1. Marriage Ordinance (Cap
127)
2. Adoption Act, 1962 (Act
104)
3. Labour Decree, 1967 (N.L.C.D.
157
4. Scouts and Guides Decree,
1969 (N.L.C.D. 399)
5. Maintenance Decree, 1977 (S.M.C.D.
133)
6. Day-Centres Decree 1978 (S.M.C.D.
144)
7. Intestate Succession Law,
1985 (P.N.D.C.L. 111)
8. Social Security Law, 1991 (P.N.D.C.L.
247)
9. Courts Act, 1993 (Act 459)
10. Maintenance of Children
Act 1965 (Commencement)
Instrument, 1965 (L.I. 477)
11. Maintenance of Children
Decree, 1977, (Commencement)
Instrument, 1978 (L. 1. 1137)
12. Day-care Centre
Regulations, 1979 (L.I.
1230)
|
Subsection (2) of section 14
repealed
Section 27 is repealed
Act is repealed.
(a) Section 16(l) is amended
by the deletion of "sixteen"
and the insertion of
"fifteen";
(b) section 16(2) is amended
by the deletion of "sixteen"
and the insertion of
"fifteen";
(c) section 32 is amended by
the deletion of
"sixteen" and the
insertion of "fifteen";
(d) Sub-Part 2 of Part V
Children and Young Persons,
section 44 – 46 is repealed;
and
(e) The following definitions
in section 47 are deleted—
(i) “child”;
(ii) “night work” paragraph
(b); and
(iii) “young person”.
(a) Subsection (2) of section
1 amended as
follows—
(i) in paragraph (b) by the
insertion of "courtesy, home
craft” after "observation;"
and
(ii) in paragraph (c) by the
insertion of "love of nature,
traditional arts and customs"
after "others".
(b) paragraph (b) of
subsection (2) of section 2
amended by the insertion of
"observation, self-reliance",
after "of”.
Decree is repealed.
Decree is repealed
(a) Section 5 is amended as
follows—
(i) by the renumbering the
section as subsection
(1);
(ii) by the repeal of the
proviso after paragraph
(d);
(iii) by the insertion after
paragraph (d) of the following
proviso—
"Provided that where there is
a child who is a minor
undergoing educational
training, reasonable provision
shall be made for the child
before distribution."
(iv) by the insertion of a
new sub- section
(2) as follows—
"(2) Where there is no
surviving parent one-fourth of
the residue of the estate
shall devolve in accordance
with customary law";
(b) section 12 is amended in
paragraph (a) and (b) by the
deletion of "¢50,000.00" and
the insertion of "¢10
million"; and
(c) section 18 on
interpretation is amended as
following—
(i) in the definition of
"child" by the insertion of
"whether or not born in
wedlock" after "child";
(ii) by the insertion after
"estate" of the following
"house" includes an immovable
property for dwelling
purposes".
Section 40 is amended by—
(i) the insertion in
subsection (6) of "shall
review his nomination once
every five years"; after
"and"; and
(ii) the addition of a new
subsection as follows—
"(8) Notwithstanding
subsection (7) if a member of
the Scheme has a child of
school going age 60% of the
contribution shall be
distributed to the child and
40% to the person nominated by
the member".
Subsection (2) of section 47
is repealed and the following
inserted "A Community Tribunal
shall also have jurisdiction
to hear and determine any
action arising under the
Childrens Act, 1998 (Act 556)
and shall for purpose of that
enactment be the Family
Tribunal".
Instrument is revoked.
Instrument is revoked.
(a) Regulation 1 is amended by
the insertion of "and" after
paragraph (c) and the
insertion of a new paragraph
as follows—
(e) a telephone if telephone
service is available".
(b) Regulation 3 (1) is
amended by the insertion of
"and a reasonable quantity of
toys made from wood and other
nontoxic materials after
"sandpit".
(c) Regulation 8 (4) is
amended by the deletion of
"twenty-five" and the
insertion of "fifteen".
|
Date of Gazette Notification: 5th
February, 1999.
amended by
LABOUR ACT, 2003 (ACT 651).
|