Last Change:
10/19/2026
THE CHILDREN’S CODE ACT, 2022
Original names of the law: THE CHILDREN’S CODE ACT, 2022
Year: 2022
Type: Domestic law
Rights Category: Health, Family life
Description
An Act to reform and consolidate the law relating to children; provide for parental responsibility, custody, maintenance, guardianship, foster care, adoption, care and protection of children; provide for the grant of legal aid to, and establish procedures for the treatment of, children in conflict with the law; provide for the making of social welfare reports in respect of a child in conflict with the law; establish diversion and alternative correctional programmes and promote the rehabilitation of a child in conflict with the law through programmes to facilitate restorative justice and compliance with laws; provide for the protection of a child victim and child witness in investigative and judicial processes; provide for the probation of a child in conflict with the law and provision of probation services; provide for the development of treatment programmes, early intervention services and programmes to combat crime and prevent further offending; limit the negative effects of confinement by minimising the impact of a finding of guilty on the family of a child in conflict with the law and facilitate the re integration of the child in conflict with the law into society; provide for the establishment of child approved centres and child reformatory centres; provide for the regulation of child care facilities; provide for child safeguarding; domesticate the Convention on the Rights of the Child, the African Charter on the Rights and Welfare of the Child, the Convention on Protection of Children and Cooperation in Respect of Inter-Country Adoption and the Convention on the Civil Aspects of International Child Abduction; repeal the Legitimacy Act, 1929, the Adoption Act, 1956, the Juveniles Act,1956 and the Affiliation and Maintenance of Children Act, 1995 and provide for matters connected with, or incidental to, the foregoing.
Selected provisions
81(5). In any proceedings concerning a child, whether instituted under this Act or any other written law, a child's name, identity, home, last place of residence, school or the particulars of the child's parents, photograph, depiction or caricature of the child shall not be published or revealed in any publication, report or otherwise.
167. (1) For the purposes of this Act, a child is in need of
care and protection if that child—
(a) has no parent or guardian or is abandoned by the parent
or guardian;
(u) is an unaccompanied child on the move or refugee.
168. Conveyance to place of safety
(1)
A child in need of care and protection shall, as a measure of first resort, remain in the child's birth family if it is in the best interests of the child to remain in the child's birth family.
(2)
Where it is not in the best interests of a child to remain in the child's birth family, a child shall be placed into kinship care or emergency foster care.
(3)
Subject to subsections (1) and (2), a child in need of care and protection may, as a measure of last resort, be placed or take refuge in a place of safety until the child is brought before a court in accordance with section 169.
(4)
A person who, or an institution that, has reasonable grounds to believe that a child is in need of care and protection shall report the matter to an authorised officer.
(5)
A child who is or believes that another child is in need of protective services as a result of any ground under section 167 may report that fact to the nearest authorised officer.
(6)
An authorised officer shall, on receipt of a report under subsection (4) or (5), take the child in need of care and protection to a place of safety and the child shall be accommodated at the place of safety until the child is brought before a court in accordance with section 169.
(7)
An authorised officer who has reasonable grounds to believe that a child is in need of care and protection may take into custody the child and accommodate the child at a place of safety until the child is brought before a court in accordance with section 169.
(8)
An authorised officer shall ensure that a child is examined and treated at a health facility where it appears to an authorised officer that the child taken into custody requires medical attention prior to the child being brought before a court in accordance with section 169.
169.
(4) The Director of Social Welfare shall, on receipt of a notice under subsection (3), investigate and submit to the court information relating to the home, circumstances, age, health, character and general antecedents of the child as may be necessary to assist the court.
(5) A court may, where it makes an order under subsection (2), make other orders that the court considers necessary for the establishment of contact between the child and the child's parent, or between the child and any person having parental responsibility for the child including the enforcement of the order.
170. Where the court orders that a child be committed to a place of safety under subsection (1)(d), efforts shall be made to ensure the child is—
(a)
returned to that child’s parent, guardian or person having parental responsibility for the child; or
(b)
placed under foster care where it is not in the best interest of the child to be returned to the child’s parent, guardian or person having parental responsibility for the child.
178. (5)
A court may make an interim supervision order on application by the parent, guardian or person having parental responsibility for the child or on the court's own motion—
(a)
where the court determines that the circumstances of the child concerned require that an order be made pending the submission of a welfare report prepared in accordance with subsection (2);
(b)
on adjourning an application for a supervision order; or
(c)
on making of an order for the assessment of the child under this Act.
3. (1) A child’s best interest is the primary consideration in a
matter or action concerning the child, whether undertaken by a
public or private body.
9. (1) A child has a right to live with, and to be protected and
cared for by, the child’s parents, or to appropriate alternative care
if the child is separated from the parents.
(2) A court or the Director of Social Welfare may separate a
child from a parent where the court or the Director of Social Welfare
determines that the child living with the parent would—
(a) lead to significant harm to the child;
(b) subject the child to serious neglect or abuse; or
(c) not be in the best interests of the child.
(3) Subject to subsection (1), where a court or the Director of
Social Welfare determines that it is in the best interests of a child to
separate the child from a parent, the best alternative care available
shall be provided for the child in accordance with this Act.
(4) Subject to this Act, the Ministry responsible for child welfare
shall ensure that a child who is separated from a parent maintains
personal relations and direct contact with that parent on a regular
basis, except if it is contrary to the best interests of the child.
(5) Where a child is separated from the child’s family without
the leave of a court, the State shall provide assistance for the re
unification of the child with the family in an expeditious manner.
11. A child has a right to health and medical care, the provision
of which is the responsibility of the child’s parents, a person having
parental responsibility for a child and the State.
18. (1) A person shall not subject a girl child to female genital
mutilation.
(2) A person shall not subject a child to—
(a) child marriage; or
(b) cultural rites, and religious or traditional practices, that
are likely to negatively affect the child’s life, health,
social welfare, dignity, and physical or psychological
development.