Minimum requirements for the protection of children

(1) Every operator registered and licensed under these Regulations shall ensure that the child is adequately protected while at the residential care facility for children by complying with the minimum requirements for the protection of children specified in subregulation (2) below. (2) The minimum requirements referred to in subregulation (1) above are– (a) ensuring that no corporal punishment is inflicted on a child admitted to the residential care facility for children; (b) ensuring thar no cruel, inhumane or degrading punishment, or any other harsh or degrading measures which would humiliate a child or undermine his self-esteem and confidence, are inflicted on a child admitted to the residential care facility for children; and (c) ensuring that every child admitted to the residential care facility for children is not deliberately deprived of the basic needs including food, water, shelter, clothing. and bedding where necessary. (3) Every employee of a residential care facility for children is to be alert to the signs of abuse, shall make every effort to protect children from abuse and shall know what to do in the event of observed or reported abuse. (4) That there is training for staff to meet the needs of children who have a history of abuse, either as victims or perpetuators. Social Service Agencies 79 (5) Policies to ensure that abused children or those who have perpetuated abuse are given necessary care to minimize the risk of further abuse. (6) That there are written procedural guidelines in the event that one child abuses another and that the said guidelines address the needs of both children. (7) Policies to ensure that children are safe from harm inflicted by staff through the processing and monitoring of all staff, including volunteers and persons with unsupervised contacts with the children– (a) that no one alleged to have committed child abuse be employed at a residential care facility for children; (b) that there is an administrative system in place to check and document the background of probable employees, temporary staff, volunteers and anyone else who is expected to have unsupervised contact with the children; (c) that there is a reliable method to assess the suitability of a potential staff to care for children; (d) that all applicants must present a police record; (e) that serious complaints against staff are dealt with in a manner that protects children until investigations and disciplinary measures have been completed. 80 Social Service Agencies (8) In addition to the minimum requirements specified in subregulation (2) above, every operator shall be required to report to the Registrar and to the Ministry for investigation, every case of actual or suspected child abuse which occurs at the residential care facility which comes to his attention in compliance with the Families and Children (Child Abuse Reporting) Regulations, 1999. (9) Failure by an operator to comply with the provisions of subregulation (3) above is an offence and the operator will, upon summary conviction, be liable to imprisonment for a period not exceeding six months or to a fine not exceeding one thousand dollars or to both such fine and period of imprisonment.