Repeals

(1) The following Acts are hereby repealed, (a) The Adoption of Children Act, Cap.135 R.E. 1980-1990; (b) The Family Maintenance Act, Cap.136 R.E. 1980-1990; (c) The Infants Act, Cap. 138 R. E. 1980-1990; (d) The Legitimacy Act, Cap. 139 R. E 1980- 1990; (e) The Status of Children Act, Cap. 143 R. E. 1980-1990; (f) The Children Born out of Wedlock Act, Cap. 137 R. E. 1980-1990. (2) Notwithstanding the repeal of the above Acts, all subsidiary legislation made under any of the repealed Acts shall continue to have full force and effect until repealed or replaced by subsidiary legislation made under this Act. 91 SCHEDULE 1 FAMILIES AND CHILDREN ACT Guide lines for implementing the Provisions of the Act [Section 3] 1. Whenever the state, a court, a Government agency or any person determines any question with respect to, (a) the upbringing of a child; or (b) the administration of a child’s property or the application of any income arising from it, the child’s welfare shall be the paramount consideration. Time to be of essence. 2. In all matters relating to a child, whether before a court of law or before any other person, regard shall be had to the general principle that any delay in determining the question is likely to be prejudicial to the welfare of the child. Criteria for decisions. 13 of 2007. 3. In determining any question relating to circumstances set out in subparagraphs (a) and (b) of paragraph 1, the court or any other person shall have regard in particular to, (a) the ascertainable wishes and feelings of the child concerned considered in the light of his or her age and understanding; (b) the child’s physical, emotional, health and educational needs; (c) the likely effects of any changes in the child’s circumstances; 92 Families and Children (d) the child’s age, sex, background and any other circumstances relevant in the matter; (e) any harm that the child has suffered or is at the risk of suffering; (f) where relevant, the capacity of the child’s parents, guardians or others involved in the care of the child in meeting his or her needs. Rights of the child. 4. A child shall have the right, (a) to leisure which is not morally harmful, and the right to participate in sports and positive cultural and artistic activities; (b) to a just call on any social amenities or other resources available in any situation of armed conflict or natural or man-made disasters; (c) to exercise, in addition to all the rights stated in this Schedule and the Act, all the rights set out in the U.N. Convention on the Rights of the Child, with appropriate modifications to suit the circumstances in Belize, that are not specifically mentioned in the Act or in this Schedule. Families and Children 93 SCHEDULE 2 FAMILIES AND CHILDREN ACT Foster-Care Placement Rules [Section 122 (3) and (4)] ARRANGEMENT OF RULES 1. Short title. 2. Interpretation. 3. Application of rules. 4. Application to foster a child 5. Persons qualified to foster a child. 6. Religion. 7. Cultural background. 8. Undertaking by foster parents. RULE 1. These Rules may be cited as the Foster-Care Placement Rules. Short title. Interpretation. 2. In these Rules, unless the context otherwise requires, “approved home” means a home approved by the Minister; “child” means a person below the age of eighteen years, unless provided otherwise in any law; 94 Families and Children “foster child” means a child placed with a foster parent or foster family; “foster family” means a family in which a child is placed; “foster parent” means a person with whom a child is placed under these Rules; “supervising officer” means the social services practitioner or a responsible person delegated by him to act on his behalf. Application of Rules. 3. These Rules apply to the placement of a child with foster parents by a social services practitioner. Application to foster a child. 4. Any person interested in fostering a child shall complete the prescribed application form and submit it to a social services practitioner. Persons qualified to foster children. 5.-(1) The following persons may apply to be foster parents, (a) a husband and wife; (b) a single woman not below the age of twenty- one years; or (c) a single man not below the age of twenty-one years. (2) A single man may not foster a female child under these Rules. 6.-(1) Where a child’s religion is known, the child so far as possible shall be placed with a foster parent who is of the same religion as the foster child. (2) Where a child’s religion is not known, the child shall be placed with a foster parent who shall undertake to bring up the child in accordance with his religious denomination. Families and Children 95 7. Wherever possible, a child shall be placed with a foster parent who has the same cultural background as the child’s parents. Cultural background. Undertaking by foster parents. 8.-(1) Each foster parent shall, on the day on which the child is placed with him, sign the undertaking in the prescribed form in the presence of a witness. (2) Where the prospective foster parent cannot read the English language sufficiently to understand the nature of the undertaking, the supervising officer or the authorised officer concerned shall cause the undertaking to be explained to the prospective foster parent in a language which he understands and shall certify to that effect. (3) Each foster parent shall be given a copy of the undertaking signed by him. (4) A copy of the undertaking shall also be sent to a social services practitioner. 96 Families and Children SCHEDULE 3 FAMILIES AND CHILDREN ACT Register of Adopted Children [Section 145 (2) and (3)] No. of entry Date of entry Name of adopted child (Enter name as stated in adoption order) Sex of adopted child (Enter sex as stated in adoption order) No. of entry Name and surname, address and occupation of adopter or adopters (Enter name, address and occupation as stated in adoption order) Date of birth of child (Enter date of birth (if any) directed by the adoption order, but otherwise no entry) Date of adoption order and description of court by which made (Entry to be made as appearing in the adoption order) Signature of officer deputed by Registrar General to attest the entry