← belizelaw.ai · Unsoundness Of Mind, Cap. 122 · PART III — Dealing with Defective Mental Deficiency, etc., of Unsound

Circumstances rendering defectives subject to be dealt with

Cap. 122, s. 19 · Revised Edition 2020

(1) A person who is a defective may be dealt with under this Part by being sent to or placed in an institution, approved for that purpose by the Minister, or placed under supervision or guardianship, (a) at the instance of his parent or guardian, if he is an idiot or imbecile, or at the instance of his parent if, though not an idiot or imbecile, he is under the age of eighteen; or (b) if in addition to being a defective he is a (i) who is found neglected, abandoned or without visible means of support, or cruelly treated or with respect to 18 whom a representation has been made to the Commissioner of Police by his parent or guardian that he is in need of care or training which cannot be provided in his home; (ii) who is found guilty of any criminal offence, or who is ordered or found liable to be ordered to be sent to an institution; (iii) who is undergoing imprisonment, except imprisonment under civil process, or is undergoing detention in a place of detention by order of a court, or in a certified institution or industrial school, or who is detained in an institution for persons of (iv) who is an habitual drunkard as defined by the Married Persons (Protection) Act, Cap. 175; (v) in whose case such notice has been given by the Chief Education Officer as is mentioned in subsection (2) of this section; or (vi) who is in receipt of poor relief at the time of giving birth to an illegitimate child or when pregnant of such child. (2) Notice shall, subject to regulations made by the Chief Education Officer to be approved by the Minister, be given by the Chief Education Officer to the Commissioner of Police under this Part in the case of all defective children over the age of seven, 19 (a) who have been ascertained to be incapable by reason of mental defectiveness of receiving benefit or further benefit in special schools or classes, or who cannot be instructed in a special school or class without detriment to the interests of the other children, or as respects whom the Chief Education Officer certifies that there are special circumstances which render it desirable that they should be dealt with under this Part by being sent to an institution or placed under supervision or guardianship; (b) who, on or before attaining the age of sixteen, are about to be withdrawn or discharged from a special school or class, and in whose case the Chief Education Officer is of the opinion that it would be to their benefit that they should be dealt with under this Part by being sent to an institution or placed under supervision or guardianship.

Amended by: 40 of 1963; 3 of 1978

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