Misplacement of minors irks INDECOM

THE INDEPENDENT Commission of Investigations (INDECOM) is pushing for urgent legislative changes to halt the vexed issue of placing minors deemed uncontrollable in correctional facilities.

Commissioner of INDECOM Hugh Faulkner told journalists yesterday that the Department of Correctional Services (DCS) revealed in February that children deemed uncontrollable were still the subject of correctional orders under Section 24(2) of the Child Care and Protection Act.

Faulkner explained that a child who is deemed uncontrollable is given a correctional order for a behavioural problem and sent to a correctional facility.

“We think that is fundamentally, philosophically, and legally undesirable,” the INDECOM boss declared.

He noted that this was a matter for the legislature to address.

According to Faulkner, there are behavioural traits that are unruly and undesirable but do not escalate to being a criminal matter.

In February 2021, then Minister Without Portfolio in the Ministry of National Security, Matthew Samuda, told his senatorial colleagues that 26 uncontrollable wards of the state were to be separated from juveniles who had been criminally charged or convicted.

“A correctional facility is simply not set up to deal with the nuanced issues facing juveniles deemed uncontrollable. In fact, our correctional officers are simply not trained to manage them and provide the necessary psychosocial support. They are trained to manage those on remand or those convicted of criminal offences,” he said at the time.

Time to act

Samuda pointed out that because of the discretionary power granted to the courts by the Child Care and Protection Act, ‘uncontrollable’ children were placed in correctional facilities.

“Successive administrations have committed to correcting this wrong. Mr President, this discretion must be removed. Quite frankly, we have spoken about it for too long, and it is time to act. Consequently, consultations are being had with the courts and the minister of education in a bid to seek their permanent and appropriate relocation,” Samuda explained.

Fast-forward to June 2023 and it appears that the problem remains unresolved based on the update by INDECOM.

In July 2021, Education Minister Fayval Williams pledged that the Government would fast-track plans to amend Section 24 of the Child Care and Protection Act to bring an end to the practice of placing children deemed uncontrollable in penal institutions.