Children Act

Section Interpretation Section In this Act, unless the context otherwise requires— “ alternative care ” means formal care options availed to a child without parental care; “ approved home ” means a Government or non-governmental home approved by the Minister to provide substitute family care for a child and includes a babies' home and children's home which provide care and accommodation for children aged below six years and aged between three to under eighteen years respectively; “ authorised person ” means an official or other person authorised expressly or impliedly to perform the act in question; “ Authority ” means the National Children Authority established under section 11 ; “ Board ” means the Board of Directors established under section 13 ; “ care order ” means a care order made under Part VI of this Act and includes an interim care order; “ Chairperson ” means a Chairperson of the Board of Directors; “ chief magistrate’s court ” means a magistrate’s court presided over by a chief magistrate; “ child exploitation ” means the employment of a child in activities from which other people derive a benefit, whether financial, sexual or political and includes activities such as c...

Section Children with disabilities and children with special needs Section The parents of children with disabilities and children with special needs and the State shall take appropriate steps to see that those children are— assessed as early as possible as to the extent and nature of their disabilities and special needs; offered appropriate treatment; and afforded facilities for their rehabilitation and equal opportunities to education. A parent or guardian shall in liaison with a qualified medical practitioner be responsible for the identification of a child with disabilities or a child with special needs. In the event that a child is identified with any disability or special needs, such a child shall be afforded such facilities as are necessary to address his or her needs by the Government. A child with disabilities or a child with special needs shall have access to such education suitable to address their disabilities or special needs. A child shall not be discriminated against on account of their disability or special needs. Any person who contravenes this section commits an offence and is liable, on conviction, to a fine not exceeding one hundred fifty currency points or to im...

Section Definition of child Section A child is a person below the age of eighteen years.

Section Welfare and guiding principles Section In determining any question under subsection (1) , court or any other person shall have regard to— The welfare of the child shall be of paramount consideration whenever the State, a court, a tribunal, a local authority or any person determines any question in respect to the upbringing of a child, the administration of property of a child, or the application of any income arising from that administration. 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 matter is likely to be prejudicial to the welfare of the child . the ascertainable wishes and feelings of the child concerned, with due regard to his or her age and understanding; the physical, emotional and educational needs of the child ; the likely effects of any change in the circumstances of the child ; the child ’s sex, age, background and any other circumstances relevant in the matter; any harm that the child has suffered or is at the risk of suffering; and where relevant, the capacity of the parents of the child , guardian or any other person involved in th...

Section Rights of child Section Every child shall have the right to— live with his or her parent or guardian ; where capable, express his or her view, belief or opinion on any matter that affects his or her well-being; access any information to which a parent , guardian or other person in authority deems critical to the well-being of the child; be registered after birth; a name and nationality; inherit property where applicable; safety, privacy, information and access to basic social services; leisure which is not morally harmful and the right to participate in sports and positive cultural and artistic activities; use any social amenities or other resources available in any situation of armed conflict or natural or man-made disasters; be treated without discrimination of any kind, irrespective of his or her race, colour, religion, belief, age, family status, culture, language, ethnicity, nationality, social origin, citizenship, gender, disability if any, political or social opinion, property or any other condition; effective legal aid including representation in all civil, criminal and administrative proceedings; and exercise, in addition to all the rights stated in this Act, the r...

Section Duty to maintain child Section It shall be the duty of a parent , guardian or any person having custody of a child to maintain that child and, in particular, that duty gives a child the right to— education and guidance; immunisation; adequate diet; clothing; shelter; and medical attention. Any person having custody of a child shall protect the child from discrimination, violence , abuse and neglect.

Section Parental responsibility Section Every parent or guardian shall have parental responsibility for his or her child. Where the natural parents of a child are deceased, parental responsibility may be passed on to relatives of either parent , or by way of a care order , to the warden of an approved home , or to a foster parent .

Section Harmful customary or cultural practices Section A person shall not expose a child to any customary or cultural practice that is harmful to his or her health, well-being, education or social-economic development. For purposes of this section, “harmful customary or cultural practice” means any activity that is mentally, physically, socially or morally harmful to a child and includes an activity that interferes with the education and social development of a child . Any person who contravenes this section commits an offence and is liable, on conviction, to a fine not exceeding one hundred sixty-eight currency points or to imprisonment for a term not exceeding seven years, or both.

Section Harmful employment Section A person shall not employ or engage a child in any activity that may be harmful or hazardous to his or her health, or his or her physical, mental, spiritual, moral or social development. Subject to subsection (1) , the minimum age of employment of a child shall be sixteen years. For the purpose of this section, “harmful or hazardous employment” includes work which exposes a child to physical or psychological torture, sexual abuse, work underground, work at dangerous heights or in confined spaces, work with dangerous machinery, equipment and tools, or manual handling or transportation of heavy loads, work with chemicals and dangerous substances, work under extreme temperatures, high levels of noise, or working for longer hours; or any other form of child labour which includes slavery, trafficking in persons, debt bondage and other forms of forced labour, forced recruitment for use in armed conflict, prostitution, pornography and illicit activities.

Section Prohibition of sexual exploitation Section For avoidance of doubt, it shall be unlawful for any person to use— A person shall not engage a child in any work or trade that exposes the child to activities of a sexual nature whether paid for or not. inducement or coercion in the encouragement of a child to engage in any sexual activity; children in prostitution or other unlawful sexual practices; and children in pornographic performances or materials. Any person who contravenes this section commits an offence and is liable, on conviction, to a fine not exceeding one hundred currency points or to imprisonment for a term not exceeding five years.

Section Establishment of National Children Authority Section There is established an authority to be known as the National Children Authority . The Authority shall be a body corporate and shall have perpetual succession and a common seal and may sue and be sued in its own name. The Authority may, for and in connection with its functions under this Act, purchase, hold, manage and dispose of any property, whether movable or immovable, and enter into any contract and other transactions as may be expedient and may do and suffer any other act or thing as in law may be done or suffered by a body corporate.

Section Functions of Authority Section The functions of the Authority are to— advise the Government on the formulation of a national child protection policy and child rights programmes; create awareness, on the right of a child to be protected from abuse and develop methods of preventing child abuse; consult the relevant ministries, local authorities, districts and divisional, public and private sector organisations and recommend all such measures as are necessary, for the purpose of preventing child abuse and for protecting and safeguarding the interests of the victims of such abuse; recommend legal, administrative or other reforms required for the effective implementation of the national policy for the prevention of child abuse; monitor the implementation of laws relating to all forms of child abuse; monitor the progress of all investigations and criminal proceedings relating to child abuse; recommend measures to address the humanitarian concerns relating to children affected by armed conflict and the protection of such children, including measures for their mental and physical well-being and their re-integration into society; take appropriate steps where necessary for securing t...

Section Board of Directors and its functions Section There is established a Board of Directors as the governing body of the Authority , which shall consist of the following— a chairperson, who shall be appointed by the Minister ; one representative of the Ministry responsible for social development; one representative of the Ministry responsible for education; one representative of the Ministry responsible for internal affairs; the Executive Director of the Authority who shall be the secretary to the Board and shall be an ex officio member of the Board . The Minister may appoint two other persons who are not public officers as additional members of the Board on the basis of their special knowledge and experience in children affairs, provided that the persons being appointed have no part-time or full time activity or interest which conflicts with, or impairs fulfilment of their duties as Board members. The Board shall be responsible for monitoring and protection of the best interests of the child and shall determine policies relating to staffing and procurement of the Authority . The Board shall, in utilising the funds of the Authority , give priority to the funding and implementati...

Section Qualifications for appointment Section The members of the Board , other than the ex officio members, shall be appointed from among persons who qualify for appointment by virtue of their professional knowledge and experience in children affairs or in such other matters of children as the Minister may determine.

Section Tenure of office Section A member of the Board other than an ex officio member shall hold office— on such terms and conditions as are specified in the instrument of appointment; in the first instance, for a period not exceeding three years and shall be eligible for re-appointment only for a subsequent period not exceeding three years.

Section Minister’s power to suspend or terminate appointment Section The Minister may terminate or suspend the appointment of a member — for the member ’s inability to perform the functions of his or her office; for misbehaviour; if the member is declared or becomes bankrupt or insolvent; if the member is convicted of a criminal offence in respect of which a penalty not exceeding six months imprisonment may be imposed; if the member , without prior permission of the Chairperson or without reasonable cause to the satisfaction of the Minister , is absent from six meetings of the Board in any financial year; or for any other sufficient cause.

Section Resignation of members Section A member of the Board may resign his or her office by letter addressed to the Minister and the resignation shall be effective from the date on which it is received by the Minister . Where a member of the Board dies, resigns or is removed from office, the Minister shall appoint another member in his or her place.

Section Common seal of Authority Section The common seal of the Authority shall be in such form as the Board may determine. The application of the common seal on any document shall be authenticated by the signature of the Chairperson and one other member of the Board ; and in the absence of the Chairperson , any two members of the Board authorised by the Board shall authenticate the application of the seal on behalf of the Chairperson . The signature of the Chairperson and the other members of the Board shall be independent of the signing by any other person who may sign any such document as a witness. A document purporting to be an instrument issued by the Board and to be sealed by the common seal of the Board authenticated in the manner prescribed by subsection (2) shall be received in evidence and be deemed to be such an instrument without further proof unless the contrary is shown.

Section Remuneration or allowances of members Section The members of the Board shall be paid such remuneration or allowances out of the funds of the Authority at such rates as may be determined by the Minister .

Section Specialised committees Section The Board shall establish the following specialised committees for the efficient performance of its functions under this Act— a specialised committee on capacity building; a specialised committee on policy, research, planning and data management; a specialised committee on child development and participation; and a specialised committee on child survival. The Board may also set up such other specialised committees as it may consider necessary for the efficient performance of its functions under this Act. Every specialised committee set up under this section shall consist of three members of the Board including a Chairperson . The Board may prescribe the procedure of a specialised committee.

Section Functions of specialised committees Section The functions of each specialised committee are to recommend and report to and advise the Board on all policy matters relating to the committee’s specific sector of child survival, development and protection. The Board may also delegate any of its functions to a specialised committee, subject to any limitations imposed by the Authority .

Section Local councils to safeguard children and promote reconciliation between parents and children Section It is the general duty of every local government council from the village to the district level— to safeguard and promote the welfare of children within its area; and to designate one of its members to be the person responsible for the welfare of children; and this person shall be referred to as the secretary for children’s affairs. The secretary for children’s affairs shall, in the exercise of his or her functions in relation to the welfare of children, be assisted by such officers of the local government council as the local government council may determine. In particular, every local government council shall mediate in any situation where the rights of a child are infringed and especially with regard to the protection of a child , the child ’s right to succeed to the property of his or her parents and all the rights accorded to a child in section 4 . The power given to the local government council to protect the property of a child shall not include any powers of distribution of the property by the local government council. A local government council shall keep a register...

Section Duty to report infringement of rights of children Section Where the person against whom the report is made refuses to comply with the decision made under subsection (2) , the secretary for children’s affairs shall refer the matter to the local council court which shall adjudicate the matter and may— Any member of the community who has evidence that the rights of a child are being infringed or that a parent , a guardian or any person having custody of a child is able to but refuses or neglects to provide the child with adequate food, shelter, clothing, medical care or education shall report the matter to the local government council of the area. The secretary for children’s affairs may, upon receiving the report, summon the person against whom the report was made under subsection (1) to discuss the matter; and a decision shall be made by the secretary for children’s affairs in the best interests of the child . give any relief or order allowed by the law; and in the case of a parent , in addition to the reliefs or orders given under paragraph (a) , order the parent to execute a bond to exercise proper care and guardianship by signing an undertaking to provide the child with a...

Section Appeals Section Subject to this Act, the local council court at village level shall be the court of first instance in matters under this Part and appeals from that court shall follow the order of appeals as set out in section 152 .

Section Jurisdiction Section An application for an adoption order may be made— to a chief magistrate’s court within the jurisdiction of which the applicant or the child resides where both the child and the applicant are citizens of Uganda; and to the High Court where the child or the applicant is not a citizen of Uganda, and the court may, subject to this Act, grant the application. A child need not be a Ugandan to be adopted under this Act.

Section Establishment of family and children court Section There shall be a court to be known as the family and children court in every district, and any other lower government unit designated by the Chief Justice by notice in the Gazette . A magistrate not below the grade of magistrate grade II shall be assigned to preside over the family and children court.

Section Jurisdiction of family and children court Section A family and children court shall have power to hear and determine— criminal charges against a child , subject to sections 138 and 139 ; and applications relating to child care and protection. The court shall also exercise any other jurisdiction conferred on it by this or any other written law.

Section Venue of family and children court Section A family and children court shall, whenever possible, sit in a different building from the one normally used by other courts.

Section Procedure in family and children court Section The procedure of the family and children court in all matters shall be in accordance with rules of court made by the Rules Committee for the purpose, but subject to the following— Apart from members and officers of the court, only the following persons may at the discretion of the court attend any sitting of a family and children court— the court shall sit as often as necessary; proceedings shall be held in camera ; proceedings shall be as informal as possible and by inquiry rather than by exposing the child to adversarial procedures; parents or guardians of the child shall be present whenever possible; the child shall have a right to legal representation; and the right to appeal shall be explained to the child . parties to the case before the court, their advocates, witnesses and other persons directly concerned in the case; parents or guardians of the child before the court; a probation and social welfare officer; and any other person whom the court authorises to be present.

Section Care or supervision order to be of benefit to child Section A family and children court shall not make a supervision order or a care order unless it considers that doing so would be beneficial to the child.

Section Rules of court Section The Rules Committee may make rules prescribing— the procedure to be followed in a family and children court and, in particular, as to the recording of evidence and the manner of arriving at and recording of findings and orders; and the manner in which a family and children court shall be constituted.

Section Supervision orders and care orders Section On the application of a probation and social welfare officer or an authorised person , a family and children court may make— a supervision or interim supervision order placing a child under the supervision of a probation and social welfare officer while leaving the child in the custody of his or her parents or relatives; or a care order or interim care order , placing a child in the care of the warden of an approved home or with an approved foster parent in accordance with the Foster Care Placement Rules in Schedule 3 to this Act.

Section Welfare reports Section The family and children court shall require a written welfare report in respect of a child before making a supervision order or a care order . It shall be the duty of the probation and social welfare officer to prepare a welfare report , and he or she shall comply with the request of a family and children court whenever required to produce a welfare report . The probation and social welfare officer shall make a home visit and interview the parents of the child concerned before making a welfare report . Where the child in respect of whom the welfare report is made is of sufficient age and understanding, he or she shall be interviewed by the probation and social welfare officer. A welfare report shall contain matters relating to the welfare of the child and recommendations as to any action to be taken by the family and children court. The family and children court shall take the information contained in the welfare report into account in as far as it is relevant to the order being made. If the family and children court is not satisfied with any recommendation made by the probation and social welfare officer in the welfare report , it shall state and re...

Section Grounds for making supervision or care order Section A family and children court may only make an order under this Part, if it is satisfied that— that the harm, or probability of harm, is attributable to— the child concerned is suffering or is likely to suffer significant harm ; and the care given to the child , or likely to be given to the child if the order were not made, not being what it would be reasonable to expect a parent to give to a child; or the child ’s being beyond parental control.

Section Conditions for foster care placements Section Where a child has been committed to an approved home under a care order , the district probation and social welfare officer, in conjunction with the warden of the approved home , may place the child with a person who is willing to undertake the care and maintenance of the child, in this Part referred to as a “ foster parent ”. An application to foster a child shall be made to the district probation and social welfare officer, except that a relative of a child without a parent or guardian may foster the child without first applying to the district probation and social welfare officer, and this Part shall not apply to him or her. A foster parent in whose care a child is committed shall, while the child remains in his or her care, have the same responsibilities in respect of the maintenance of the child as if he or she were the parent of the child. Foster care placements shall be made in accordance with the Rules set out in Schedule 3 to this Act.

Section Legal guardianship Section This Part applies to the guardianship of children in Uganda by citizens of Uganda. A person who is not a citizen of Uganda shall not be eligible to apply for legal guardianship.

Section Application for legal guardianship Section Application for legal guardianship of a child — may be made by any person above the age of eighteen years; shall be made to the High Court; shall be by petition in Form I set out in Schedule 4 to this Act; and shall be accompanied by a report of a probation and social welfare officer.

Section Customary guardianship Section Family members may appoint a guardian of a child in accordance with their customs, culture or tradition in case— both parents of the child are deceased or cannot be found; the surviving parent is incapacitated; or the child has no guardian or any other person having parental responsibility for him or her. A guardian appointed under subsection (1) shall act as trustee in respect of the property of that child. Any person who misappropriates the property of a child commits an offence and is liable, on conviction, to a fine not exceeding one hundred fifty currency points or to imprisonment for a term not exceeding five years, or both. For purposes of this section, “customary guardianship” means parental responsibility of a Ugandan child by a Ugandan citizen resident in Uganda in accordance with the customs, culture or tradition of the respective people.

Section Appointment of guardian by agreement Section The parent of a child may, by agreement or deed, appoint any person to be a guardian . The appointment made under subsection (1) shall not have effect unless the agreement or deed is dated and signed by the parent in the presence of two witnesses, one of whom shall be a probation and social welfare officer, and the other a local councillor at village level.

Section Joint guardianship Section The court may appoint two or more persons to act as joint guardians of a child . Where two or more persons appointed to act as joint guardians in respect of a child are unable to agree on any matter affecting the welfare of a child , any of them may apply to the court for its direction.

Section Conditions for guardianship Section The court shall before making a guardianship order satisfy itself that— The court shall before making a guardianship order satisfy itself that the applicant— there is no known relative or next of kin of the child; the relative and next of kin are unwilling or unable to take parental responsibility of the child; all alternative care options available to the child have been exhausted; the child is suffering or likely to suffer significant harm under present custody; consideration has been given to the wishes of the child , having regard to the age and understanding of the child , where in the view of the court, the child is able to understand the guardianship proceedings; and where the child is twelve years of age or above, his or her consent to the guardianship has been obtained, unless it is impossible for the child to express his or her consent. has continuously lived in Uganda for at least three months; does not have a criminal record; and has a recommendation concerning his or her ability as a guardian from a probation and social welfare office or other competent authority in Uganda or in the applicant’s country of residence. The court...

Section Guardianship order Section The court may, if satisfied that the applicant has fulfilled the conditions for guardianship under this Part, make an order for the guardianship of the child . Except where the application is made jointly by spouses, a guardianship order shall not be made to authorise more than one person as guardian of a child.

Section Effect and duration of guardianship order Section A guardianship order shall vest parental responsibility of the child in the guardian . A guardianship order shall remain in force until the child in relation to whom it is issued attains the age of eighteen years. A guardianship order shall cease to apply where the guardian dies or is suffering from infirmity of body or mind.

Section Registration of guardianship order Section Every person to whom a guardianship order is granted shall within fourteen days after the grant of the order, register the order with the National Identification and Registration Authority and the Ministry responsible for children affairs and submit a copy of the order to the Authority . The registration of a guardianship order shall be in Form 2 set out in Schedule 4 to this Act.

Section Child placement organisation Section Every child placement organisation outside Uganda shall— submit an annual progressive report to the probation and social welfare officer and to the Ugandan Diplomatic Mission in the country of residence detailing the welfare of the child , the adoption of the child to his or her new environment and any changes in the guardian ’s status of living; and submit any change of address of the child placement organisation mentioned in subsection (1)(a) , where the guardian changes his or her physical address. The probation and social welfare officer shall within one month of receiving the reports mentioned in subsection (1)(a) transmit them to the court that made the guardianship order and to the Minister responsible for children affairs in Uganda.

Section Revocation of guardianship order Section The court may revoke a guardianship order where— A probation and social welfare officer or a relative of a child under guardianship may apply to court to revoke a guardianship order. it is satisfied that the guardianship order was obtained by fraud or misrepresentation; the guardian has not complied with the conditions issued by the court in respect of the child or the guardianship; or the guardian has neglected the parental responsibility over a child. Where the court revokes a guardianship order, the court shall upon considering submissions by the Minister responsible for children affairs, place the child under alternative care .

Section Appeals Section A person aggrieved by a decision of the High Court under this Part, may appeal to the Court of Appeal.

Section Offences by administrator of estate of child Section An administrator of the estate of a child who— neglects, misappropriates, wastes or occasions loss or damage to any asset forming part of the estate of a child ; fails to submit to court, or the parent or guardian of the child any account or inventory required by law; or produces an inventory or an account which is false in any material particular, knowing it to be so, The court may in addition to the penalty imposed under subsection (1) require the person so convicted to make good any loss or damage caused. The court shall exercise its discretion in determining the modalities of accountability in guardianship matters.

Section Admission of children to home Section An approved home shall only receive children in the following two ways— in an emergency situation from a police officer, a probation and social welfare officer or any other person for a maximum period of forty-eight hours pending production of the child in court; or on an interim care order or a care order .

Section Purpose of approved home Section An approved home shall provide substitute family care for a child until such time as the parents of the child are able to provide adequate care to meet his or her basic needs or the child completes three years in the home or attains the age of eighteen years, whichever is earlier. It shall be the responsibility of the staff of the approved home , the probation and social welfare officer and any other person to assist the child to become reunited with his or her parents or guardians. After a child has been returned home from an approved home , the probation and social welfare officer shall keep in regular contact with the child and his or her family until the completion of the order or its discharge. Where a child is unable to return to his or her parents or to go to foster parents or has no parent , nor a foster parent , the child shall be encouraged and assisted by the approved home and the probation and social welfare officer to become independent and self-reliant.