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Child Act 2001 · Updated to 1 Jul 2023 · Part XII · Contribution Orders

108. Contribution by parent or guardian or other person

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(1)

If an order is made—

(a)

placing a child in the care of a fit and proper person;

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(b)

sending a child to a probation hostel, an approved school, a Henry Gurney School, or an approved institution or centre; or

(c)

placing a child in a place of refuge, the Court For Children making the order may, at the same time or subsequently, make a contribution order requiring the parent or guardian or other person having custody of the child—

(aa)

at the time of the commission of the offence resulting in the order;

(bb)

prior to an order made under subsection (1); or

(cc)

immediately before the commencement of any proceedings, to make such contribution or monthly contributions in such manner as the Court thinks fit, having regard to the means of the parent or guardian or the other person.

(2)

A Court For Children shall not make any contribution order under subsection (1) if the Court considers that it would not be just for the contribution order to be made having regard to the circumstances and means of the parent or guardian or the other person.

(3)

If a contribution order is made pursuant to subsection (1), it shall be the duty of the parent or guardian or the other person against whom the contribution order is made to comply with the contribution order.

(4)

All sums payable under a contribution order shall be paid into such Court or to such authority as the Court making the order shall direct.

(5)

The Court For Children making any such contribution order may, from time to time, on an application made by—

(a)

the parent or guardian or the other person against whom the contribution order is made;

(b)

the Protector; or

(c)

the probation officer,

WJW22/0178 BI.indd 125 04/08/2023 3:33 PM rescind, make anew or vary the order as the Court deems fit on proof of change in circumstances of the person against whom the order is made or for other good cause being shown to the satisfaction of the Court.

(6)

An order under subsection (1) shall not be made without giving the parent or guardian of the child or the other person having custody of the child an opportunity to be heard.

(7)

Notwithstanding subsection (6), an order under subsection (1)

may be made if the Court is satisfied on information given by a

Protector or probation officer, as the case may be, that the parent or guardian or the other person, having been required to attend, has failed to do so, or is not available or cannot be found within a reasonable time.

(8)

A contribution order shall remain in force—

(a)

in the case of a child ordered to be placed in the care of a fit and proper person, so long as the order is in force; and

(b)

in the case of a child ordered to be sent to a place of refuge, a probation hostel, an approved school, a Henry

Gurney School, or an approved institution or centre, until he ceases to be under the care of the person in charge for the time being of the place of refuge, probation hostel, approved school, Henry Gurney School, or approved institution or centre.

(9)

A contribution is not payable under a contribution order in respect of any period during which—

(a)

a child ordered to be sent to an approved school or a

Henry Gurney School is out with permission or under the supervision of a probation officer; or

(b)

a child ordered to be sent to a place of refuge is on leave of absence from the place of refuge or from being under the supervision of a Social Welfare Officer.

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(10)

If any person wilfully neglects to comply with a contribution order, a Magistrate may, for every breach of the order—

(a)

by warrant, direct the amount due to be levied in the manner by law provided for levying fines imposed by a Magistrate; or

(b)

sentence the person to imprisonment for a term not exceeding one month for each month’s contribution remaining unpaid.

(11)

The term of imprisonment imposed under paragraph (10)(b)

shall terminate when the amount of contribution due is paid.

Terms defined in s 2

approved school
Defined · s 2
“approved school” means a school established or appointed under section 65 and includes a centre;
Open s 2
centre
Defined · s 2
“centre” means a shelter established or operated by any person including a State Government, either— (a) individually; or (b) through a co-operation or joint-venture with the Federal Government, as approved by the Minister for the purpose of care, protection and rehabilitation of children under section 53a;
Open s 2
contribution order
Defined · s 2
“contribution order” means a contribution order made under section 108;
Open s 2
Court
Defined · s 2
“Court” means the Court For Children or any other Court, as the case may require;
Open s 2
Court For Children
Defined · s 2
“Court For Children” means the Court For Children constituted under section 11;
Open s 2
guardian
Defined · s 2
“guardian”, in relation to a child, includes any person who, in the opinion of the Court For Children having cognizance of any case in relation to the child or in which the child is concerned, has for the time being the charge of or control over the child;
Open s 2
Henry Gurney School
Defined · s 2
“Henry Gurney School” means a school— (a) established or appointed under section 73; and (b) under the direction and control of the Commissioner General of Prison and approved by the Minister for the education, training and detention of persons to be sent there in pursuance of Part X;
Open s 2
Magistrate
Defined · s 2
“Magistrate” means a Magistrate of the First Class;
Open s 2
place of refuge
Defined · s 2
“place of refuge” means any place of refuge established or appointed under section 55;
Open s 2
probation hostel
Defined · s 2
“probation hostel” means a hostel established or appointed under section 61 as a place of residence for children required to reside there under sections 46 and 98;
Open s 2
probation officer
Defined · s 2
“probation officer” means a probation officer appointed under section 10;
Open s 2
Protector
Defined · s 2
“Protector” means— (a) the Director General; (b) the Deputy Director General; (c) a Divisional Director of Social Welfare, Department of Social Welfare; (d); (e) any Social Welfare Officer appointed under section 8;
Open s 2
Social Welfare Officer
Defined · s 2
“Social Welfare Officer” means any Social Welfare Officer in the Ministry or Department responsible for welfare services and includes any Assistant Social Welfare Officer;
Open s 2

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Part XV

Savings and Transitional Provisions

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