THERE is the view that aggressive action is needed by the Child Care Board (CCB) as it relates to using the laws available to send a strong message to child abusers.
Coroner Manila Renee made the observation as she highlighted areas where that state agency fell down in the Shemar Weekes case.
She pointed out that the Prevention of Cruelty to Children Act (PCCA), like the Domestic Violence Legislation, is used to cover any gaps or loopholes and to protect the vulnerable in the society.
However, she noted that in a situation where a police officer is called to a scene of a child being beaten, the officer would use the general law, pointing out that under the PCCA there is a fine of only $24.
“If this situation is so serious...24 dollars..that is what this legislation provides. When you go under the general law, [it] imposes greater penalties. So I am not saying the police couldn’t use this legislation (PCCA). I can see the police using it in collaboration with the CCB.
“Beating a child every day, neglect...the general law wouldn’t capture it, but the CCB now monitoring the situation would pull in the police, but an isolated call, a neighbour to the police saying come somebody beat their child … it is highly unlikely. If there is something more serious... I am saying the police would go under the general law. And I prefer it that way because the policy is more serious as opposed to this $24.”
The coroner told Director of the CCB, Joan Crawford, who was in attendance, that it would be helpful for the CCB going forward to provide statistics regarding their operations with respect to their handling of reports of child abuse cases.
“For example, the number of cases referred to the courts under Section Six statutory provisions following a report of child abuse to the CCB; information regarding the number of reports of child abuse to the CCB resulting in the invocation of section seven or ten provisions to deal with a child in need of care and protection would also be helpful. Moreover, the percentage of that figure relative to the number of cases reported to the CCB should also be noted.”’
It is against this backdrop that she remarked there is a glaring deficiency or discrepancy between the number of reported cases of child abuse and the invocation of the legislation, noting that this may be an indication that more aggressive action by the CCB should be considered.
“The signalling of a strong message by the institution of criminal proceedings, that is the invocation of statutory provisions, may operate to drastically affect a reduction in the number of reported cases, and this measure in turn will lighten the CCB’s weighted case load,”she suggested.
Noting that the police officers were not queried on this matter, she pointed to reports by Shemar’s aunt Clarista Daniel, that the boy at eight years old was questioned by the police, in the presence of his alleged abuser, even engaging in light banter.
According to the coroner, not only did the police fail to properly investigate the report of the child being beaten mercilessly by a curtain rod in 2013, the officers placed the onus on the aunt to refer the complaint to the CCB and they played no further role in the matter.
The director indicated that in each case, the CCB had to determine the level of risk associated with the child.
She said the CCB in the circumstances of this case failed to engage the aunt in discussions regarding alternative accommodation or arrangements for Shemar, pending the outcome of the investigations.
“This factor should have featured from the outset in this matter as it should be considered inappropriate for the subject in the circumstances to remain in the same environment as the alleged abuser, pending determination of the investigations. I am saying yes there would be a separation, but CCB people are so professional and trained that is not something that should take that long,”she argued.
(JH)
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