The Law of the Child (Child Protection) (Amendments) Regulations, 2019

This section gives the Regulations their short title and says they must be read together with the 2014 principal Regulations.

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Jurisdiction: Tanzania
Instrument: Regulation
Citation: The Law of the Child (Child Protection) (Amendments) Regulations, 2019
Version: Undated source snapshot
Language: en
Official source: View official record ↗

child welfare procedures information handling public administration records management regulatory amendment regulatory drafting

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About this statute

This section gives the Regulations their short title and says they must be read together with the 2014 principal Regulations. This section amends regulation 3 of the principal Regulations. This amendment changes regulation 16 and requires the social welfare officer, when deciding whether there is reasonable cause to believe a child is being investigated, to give a verbally capable child a chance to speak for themselves and not in the presence of a parent. This provision amends the principal Regulations by inserting the word “from” in regulation 30(2) and changing “removed” to “moved” in regulation 30(8) and (9). This section amends Regulation 34 by deleting and replacing text in subregulation (2), adding a new paragraph, and renumbering later paragraphs and subregulations.

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Provisions of The Law of the Child (Child Protection) (Amendments) Regulations, 2019

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1
These Regulations may be cited as the Law of the
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AI-assisted research summary: This section gives the Regulations their short title and says they must be read together with the 2014 principal Regulations.

1. These Regulations may be cited as the Law of the Child (Child Protection)(Amendment) Regulations, 2019 and shall be read as one with the Law of the Child (Child Protection) Regulations, 2014 hereinafter referred to as the “principal Regulations”. Amendment of Regulation 3 by-
2
The principal Regulations are amended in regulation 3,
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AI-assisted research summary: This section amends regulation 3 of the principal Regulations.

2.The principal Regulations are amended in regulation 3, (a) deleting the closing words of sub regulation (2) and substituting for them the following: “any decision on the child’s care shall be subject to the principles provided under sub regulation (3).” (b) deleting paragraphs (a), (b), (c), (d), (e) appearing immediately after the closing words as amended; (c) adding immediately after sub regulation (2), a new sub regulation 3 as follows: “(3) The principles governing decision on the child’s care shall be as follows- (a) child placement shall be family based rather than institutional based; (b) placement of shall be on basis rather permanent basis; the child temporary than 1 Law of the Child (Child Protection)(Amendment) GN. NO. 72(Contd) (c) unless it is in the best interest of a child, siblings shall not be separated; (d) due regards shall be paid on the desirability of continuity in the child’s upbringing, and the religious, child’s ethic, cultural linguistic and background; and to (e) delays in reaching a decision on the child’s future or any other delays to which prejudice child’s welfare shall be avoided.” likely the are Amendment of Regulation16
3
The principal Regulations are amended in regulation
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AI-assisted research summary: This amendment changes regulation 16 and requires the social welfare officer, when deciding whether there is reasonable cause to believe a child is being investigated, to give a verbally capable child a chance to speak for themselves and not in the presence of a parent.

3. The principal Regulations are amended in regulation 16, by- (a) deleting sub regulation (1) and substituting for it the following: that, suffering harm, ensure “(1) The social welfare officer shall, in determining whether there is reasonable cause to believe that the child in is undertaking an investigation, a child who is capable of verbal expression is afforded an opportunity of making his own verbal expression and not in the presence of a parent.” (b) deleting sub regulation (2); and (c) renumbering sub regulations (3), (4), (5), (6) (7), (8) and (9) as sub regulations (2), (3), (4), (5) (6), (7) and (8) respectively. Amendment of Regulation 22 22 -
4
The principal Regulations are amended in regulation
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AI-assisted research summary: This provision amends the principal Regulations by inserting the word “from” in regulation 30(2) and changing “removed” to “moved” in regulation 30(8) and (9).

4. The principal Regulations are amended in regulation (a) in sub regulation (2), by inserting the word “from” between the words “child” and “any”; (b) deleting the word “removed” appearing in sub regulation (8) and substituting for it the word “moved”; and (c) deleting the word “removed” appearing in sub 2 Law of the Child (Child Protection)(Amendment) GN. NO. 72(Contd) Amendment of Regulation 30 30 - regulation (9) and substituting for it the word “moved”.
5
The principal Regulations are amended in regulation
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AI-assisted research summary: This section amends Regulation 34 by deleting and replacing text in subregulation (2), adding a new paragraph, and renumbering later paragraphs and subregulations.

5. The principal Regulations are amended in regulation (a) in sub regulation (2) by- (i) deleting the words “subject to sub regulation (2)” appearing in paragraph (a); (ii) deleting paragraph (b) and substituting for it the following: “(b) may be a member of Committee; or” the MVC (iii) adding immediately after paragraph (b), a new paragraph (c) as follows: “(c) may be any other person who is deemed by the head of the social welfare department to have relevant experience and knowledge.” (iv) re-designating the contents of paragraph (c) as contents of paragraph (d); (b) by re-designating the contents of sub regulation (4) as contents of sub regulation (3). Amendment of Regulation 34
6
The principal Regulations are amended in regulation
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AI-assisted research summary: Child protection conference documents and minutes must be kept confidential and may not be released except with consent of the head of the social welfare department or a court order.

6. The principal Regulations are amended in regulation 34, by deleting sub regulation (2) and substituting for it the following: Amendment of Regulation 39 39 - “(2) All documents and the minutes of the child protection conference shall be confidential and shall not, unless with the consent of the head of the social welfare department or an order of court, be released to any person other than those attending the child protection conference.”
7
The principal Regulations are amended in regulation
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AI-assisted research summary: This amendment requires a child protection referral when a child has no parental care, cannot find a parent, or the parents are unwilling to care for the child, and it also requires a temporary place of aboard for the child.

7. The principal Regulations are amended in regulation (a) by deleting the closing words of sub regulation (1) and substituting for them the following: “and the child is for whatever reason, without parental care, the parent cannot be found, or the parents are unwilling to care for the child, the child shall be presumed to be at risk of suffering harm and a child protection referral shall be made by the police, DPP, Court or Approved 3 Law of the Child (Child Protection)(Amendment) GN. NO. 72(Contd) School in accordance with Regulations 12.” (b) in sub regulation (3), by- (i) (ii) (iii) to deleting the” the words “adode appearing in opening words of that sub regulation and substituting for them the words “aboard, the”; designating the contents of sub paragraphs (i) and (ii) as contents of paragraphs (a) and (b) respectively; adding immediately after paragraph (b) as designated the following closing words: “shall secure a temporary place of aboard for the child.” Amendment of Regulation 46 46 -
8
The principal Regulations are amended in regulation
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AI-assisted research summary: This section amends the principal Regulations and gives the social welfare department power, in certain child-related cases, to apply to court to proceed without first notifying the parent.

8. The principal Regulations are amended in regulation (a) in sub regulation (1), by deleting words “orall” appearing in paragraph (a) and substituting for it the word ‘orally”; (b) by deleting sub regulation (2) and substituting for it the following: “(2) Where - (a) the child is lost, abandoned or seeking refuge; (b) the mother, father, guardian or carer of the child are unknown or cannot be found after reasonable enquiry has been made; or (c) the mother, father, guardian or carer of the child are incompetent, the social welfare department may make a application and seek the consent of court at to proceed without initial hearing the notification of that parent.” . Dodoma, 3 December, 2018 Minister for Health, Community Development, Gender, Elderly and Children UMMY A. MWALIMU 4

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The Law of the Child (Child Protection) (Amendments) Regulations, 2019

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