2. In this Act, unless the context otherwise requires— “access order” means an order granted to a person to visit, periodically stay or have contact with a child as the court may determine; “administrative institution” means an authority, agency or any other body that applies a law affecting a child; “adoption order” means an adoption order made under Part XIV vesting parental responsibility on a person adopting a child; “adoption agency” means a local adoption agency accredited under Part XV; “adoptive parent” means a person who adopts a child under Part XIV; “adult” has the meaning assigned to the word in the Cap. 1 Constitution; “affiliation order” means an order declaring a man to be the biological or putative father of a child; “appropriate authority” means the Minister for the time being having responsibility for, or such public body having powers under any other written law over children; “assessment order” means an order requiring a child to be evaluated by a person appointed by the court to assist the court in determining a matter concerning the welfare and upbringing of the child; Children’s Code [No. 12 of 2022 231 “authorised officer” means a child development officer, child welfare inspector, a probation officer, a police officer or any other officer authorised by the Director of Child Development or Director of Social Welfare for the purposes of this Act; “care order” means an order entrusting the care and protection of a child to a person who is not the parent, guardian, custodial parent or person having parental responsibility for a child; “central authority” means— (a) in relation to the Republic, the Director of Social Welfare; and (b) a person, office or institution in a contracting State to the Convention on Protection of Children and Cooperation in Respect of Inter-Country Adoption and the Convention on the Civil Aspects of International Child Abduction; “certificate of accreditation” means a certificate of accreditation issued to a diversion service provider or adoption agency issued under section 63 and 255, respectively; “certificate of legal aid” means a certificate of legal aid issued under the Legal Aid Act, 2021; “Chief Inspector” means a Chief Inspector of Reformatories who supervises child reformatory centres; “child” has the meaning assigned to the word in the Constitution; “child abuse” includes physical, sexual, psychological and mental injury of a child; “child approved centre” means an approved school established by the Minister; “child in conflict with the law” means a child in respect of whom court proceedings are contemplated or instituted under any written law; “child of family” includes a child— (a) adopted by a husband and wife, or by either of them with the consent of the other; Act No. 1 of 2021 Cap. 1 232 No. 12 of 2022] Children’s Code (b) of the husband and wife, born before the marriage; and (c) of either party to a marriage, born before the marriage; Cap. 1 established under the Constitution; “Children’s Court” means the division of the High Court “child development officer” means the person appointed as a child development officer under section 30; “child welfare inspector” means the person appointed as a child welfare inspector under section 33; “child care facility” means a home or institution approved under section 268 and established for the care, protection, safety and rehabilitation of children, but does not include— (a) a child reformatory centre; (b) a child approved centre; (c) an educational institution; (d) a health facility; or (e) a children’s day care centre, nursery or other similar establishment; “child marriage” means marriage with a child or any arrangement made by a person for that marriage; “child on the move” means a child who, voluntarily or involuntarily, moves within or outside the Republic with or without the child’s parent, guardian or person having parental responsibility for the child and whose movement places the child or could place the child at risk of economic or sexual exploitation, abuse, neglect or any other form of violence; “child reformatory centre” means a child reformatory centre established under section 99; “child transit centre” means a child transit centre established for the temporary custody of children under section 99; “Civil Service Commission” means the Civil Service Commission established under Article 222 in the Constitution; “closed adoption” means an adoption which creates a permanent parent-child relationship with an adoptive parent and where a pre-existing parent-child relationship with the family of origin is terminated; Cap. 1 Children’s Code [No. 12 of 2022 233 “Court of Appeal” means the Court of Appeal established under the Constitution; “court” has the meaning assigned to the word in the Constitution; Cap. 1 Cap. 1 “corporal punishment” means the prohibited punishment in which physical force is used on a child; “custodial order” means an order to place a child in custody in a child reformatory centre on whom a finding of guilty is made by a juvenile court or Children’s Court; “custodial parent” means the person to whom custody of a child is awarded under a custody order; “custody order” means an order vesting custody of a child in one or more persons; “cyberbulling” means the use of electronic communication to bully a child; “decree” has the meaning assigned to the words in the Matrimonial Causes Act, 2007; “defendant” in relation to a maintenance order or a related attachment of earnings order, means the person liable to make payments under that order; “Director of Child Development” means the Director of Child Development appointed under section 30; “Director of Social Welfare” means the Director of Social Welfare appointed under section 33; “disability” has the meaning assigned to the word in the Persons with Disabilities Act, 2012; “diversion” means the referral of cases of children alleged to have committed offences away from the criminal justice system with or without conditions; “diversion programme” means a programme that provides for diversion; “diversion service provider” means a body that offers a diversion programme and includes a public body or non- governmental organisation; “domestic adoption” means the adoption of a child resident in the Republic by a prospective parent in the Republic; Act No. 20 of 2007 Act No. 6 of 2012 234 No. 12 of 2022] Children’s Code Act No. 35 of 2021 Act No. 23 of 2011 Act No. 23 of 2011 Act No. 3 of 2019 “drug” has the meaning assigned to the word in the Narcotic Drugs and Psychotropic Substances Act, 2021; “early intervention” means the provision of services, diversion programmes and other programmes aimed at preventing the need for a child in conflict with the law to be dealt with in terms of the formal court procedure; “education” has the meaning assigned to the word in the Education Act, 2011; “educational institution” has the meaning assigned to the words in the Education Act, 2011; “employer” has the meaning assigned to the word in the Employment Code Act, 2019; “exclusion order” means an order requiring a person who has used violence or threatened to use violence against a child, whether or not that person permanently resides with the child, to depart from the home in which the child is residing or to restrain the person from entering the home or a specified part of the home or from a specified area in which the home is included, or to restrain any other person from taking the child to the person against whom the child needs protection for a period that the court may specify; “family assistance order” means an order requiring a person appointed by the court to provide advice, counselling and guidance to a child, the child’s parents, custodial parent or a person who has care and control of the child or with whom the child is residing, as the court may specify; “family group conferencing” means a gathering convened by a probation officer as a diversion or sentencing option to devise a restorative justice response to the offence; “female genital mutilation” means the cutting and removal of part or all of the female genitalia, the practice of clitoridectomy, excision, infibulation or other practice involving the removal of part or all of the entire clitoris or labia minora of a female person; “financial arrangement” means a provision governing the rights and liabilities towards each other of the parties to a marriage, including a marriage which has been dissolved or annulled, in respect of the making or securing of payments or the disposition or use of any property, and any rights and liabilities with respect to the maintenance or education of a child, whether or not a child of the family; Children’s Code [No. 12 of 2022 235 “financial provision order” means an order for periodical or lump sum payment made under Part X; “firearm” has the meaning assigned to the word in the Firearms Act; Cap. 110 “fit person” means an adult who is of high moral character and integrity, who has mental capacity to look after a child and is able to provide a caring home for a child; “foreign adoption body” means a body accredited to provide adoption services in a foreign State in accordance with the relevant laws of that State; “foster care” means the placement of a child with a person who is not the child’s parent, guardian or person having parental responsibility who is willing to care for and maintain the child; “foster child” means a child placed with a foster parent or foster family; “foster family” means the placement of a child with a family that provides foster care; “foster parent” means a person who receives and retains a child so as to care for and maintain the child except for a child’s parent, guardian or relative; “gender-based violence” has the meaning assigned to the words in the Anti-Gender Based Violence Act, 2011; “guardian” in relation to a child, means a person— (a) who is a relative of a child; (b) who has charge or control of the child; or (c) appointed by will or deed by a parent of the child or by an order of the court to assume parental responsibility for the child on the death of that parent of the child, either alone or together with the surviving parent of the child; Act No. 1 of 2011 “health facility” has the meaning assigned to the words in the Health Professions Act, 2009; Act No. 24 of 2009 236 No. 12 of 2022] Children’s Code Act No. 24 of 2009 “health practitioner” has the meaning assigned to the words in the Health Professions Act, 2009; “High Court” means the High Court for Zambia established Cap. 1 under the Constitution; “home” in relation to a child, means the place where the child’s parent, guardian, custodial parent, person having parental responsibility for the child or foster parent permanently resides, or if there is no parent, guardian, custodial parent or person having parental responsibility for the child living and the child has no foster parent, the child’s parent’s, guardian’s or custodial parent’s last permanent residence or the last permanent residence of a person having parental responsibility for the child, except that— (a) in the case of a parent, guardian, custodial parent or person having parental responsibility having, or having had, more than one permanent place of residence, the parent, guardian, custodial parent or person having parental responsibility shall be presumed to be or to have been permanently resident at the place of that person’s principal permanent residence; and (b) where the court is unable to determine the home of the child, the child shall be considered, for the purposes of this Act, to have the home in the area of jurisdiction of the local authority in whose area the child is found; “interim maintenance order” means an interim maintenance order made under Part X; “inter-country adoption” means the adoption of a child resident in the Republic by a prospective parent resident in a foreign country or the adoption of a child resident in a foreign State by a prospective parent resident in the Republic; “intensive family support” means a home visitation social work service focused on working with family members, relatives and the community to improve the safety and wellbeing of a vulnerable child; Children’s Code [No. 12 of 2022 237 “juvenile court” means a Subordinate Court, sitting for the purposes of hearing a charge or matter involving a child,— (a) of the First Class or Second Class; or (b) in the case of a Subordinate Court of the Third Class, a Subordinate Court presided over by a Magistrate of not less than one year experience; “law enforcement agency” means the Zambia Police Service and any other agency exercising law enforcement under any written law; “law enforcement officer” means a police officer and includes an officer under any written law with powers of arrest; “Legal Aid Board” means the Legal Aid Board established under the Legal Aid Act, 2021; “legal custody” means the parental rights and duties in relation to possession of a child conferred on a person by a custody order; “legal practitioner” has the meaning assigned to the word “practitioner” in the Legal Practitioners Act; “local authority” has the meaning assigned to the words in the Constitution; “maintenance agreement” means an agreement, in writing, between the parties to a marriage, containing financial arrangements, whether made during the continuance, or after the dissolution or annulment, of the marriage; “maintenance order” means an order for the maintenance of a child or other person, or both, made by a court under Part X; “maltreatment” means all forms of child abuse resulting in actual or potential harm to the child’s health, survival or dignity of the child; “mental capacity” has the meaning assigned to the words in the Mental Health Act, 2019; “mental health facility” has the meaning assigned to the words in the Mental Health Act, 2019; Act No. 1 of 2021 Cap. 30 Cap.1 Act No. 6 of 2019 Act No. 6 of 2019 238 No. 12 of 2022] Children’s Code Act No. 6 of 2019 “mental health practitioner” has the meaning assigned to the words in the Mental Health Act, 2019; “mental patient” has the meaning assigned to the words in the Mental Health Act, 2019; “National Coordinating Committee for Children” means the National Coordinating Committee for Children established under section 36; “next friend” means a person who intervenes to assist a victim who is a child or a child who is a mental patient and brings an action on behalf of a child, and includes a child welfare inspector; “online exploitation” includes grooming, live streaming, consuming child sexual abuse material, and coercing and black mailing a child for a sexual purpose; “open adoption” means an adoption in which the parent-child relationship which existed before the adoption is not terminated but a new legal parent-child relationship between the child and the child’s adoptive parent is established and the adoptive parent has parental responsibility for the child; “original court” in relation to an order under this Act, means the court by which the order was first made; “parent” means the mother or father of a child and includes a custodial parent; “parental responsibility” means the duties, rights, powers, responsibilities and authority which, by law or otherwise, a person has in relation to the child and the child’s property in a manner consistent with the evolving capacities of the child; “personal protection order” means an order made by the court to stop threats or violence against the child who has reasonable fear for personal liberty and safety; “periodic payments order” means a maintenance order for payments to be done by regular instalments made at defined intervals; “petition” includes a cross-petition; “place of safety” means a child care facility, a house or other suitable place, the occupier of which is willing to accept Children’s Code [No. 12 of 2022 239 the temporary care of a child, but excludes a child approved centre or a child reformatory centre; “precursor chemicals” has the meaning assigned to the words in the Narcotic Drugs and Psychotropic Substances Act, 2021; Act No. 35 of 2021 “private body” means a voluntary organisation, non- governmental organisation, political party, charitable institution, company, partnership, club or any other person or organisation which is not a public body; “probation” means the release of a child in conflict with the law, subject to a period of good behaviour by the child in conflict with the law, from detention under supervision; “probation officer” means a probation officer appointed under section 33; “probation order” means an order made by a court under Part VIII placing a child under the supervision of a probation officer; “probation period” means the period specified under a probation order; “probationer” means a child in conflict with the law placed under supervision by a probation order; “production order” means an order requiring a person who is harbouring, concealing or otherwise unlawfully detaining a child, or who intends to remove a child from the Republic or from the local limits of the jurisdiction of the court, to disclose any information regarding the whereabouts of the child or to produce the child before the court or restraining the person from removing the child from the jurisdiction of the court for a period that the court may specify; “prospective parent” means a person who intends to adopt a child under Part XIV; “public body” has the meaning assigned to the words in the Public Finance Management Act, 2018; “public officer” has the meaning assigned to the words in the Constitution; “putative father” means a man alleged to be or regarded as the father of a non-marital child; Act No. 1 of 2018 Cap. 1 240 No. 12 of 2022] Children’s Code “receiving State” means a country receiving an adopted child in an inter-country adoption; “Register” means a Register kept and maintained under this Act; “register of births” means the register of births kept by the Registrar-General in accordance with the Births and Deaths Registration Act; “Registrar-General” has the meaning assigned to the word in Cap. 51 Cap. 51 the Births and Deaths Registration Act; “relative” in relation to a child, means a person related to the child, by consanguinity or adoption; “repealed Acts” means the Legitimacy Act, 1929, the Adoption Act, 1956, the Juveniles Act, 1956, and the Affiliation and Maintenance Proceedings Act, 1995; “residence order” means an order granted to a person to reside with a child or other arrangements that the court may determine; “respondent” includes a petitioner against whom there is a cross-petition; “restorative justice” means the promotion of reconciliation and responsibility through the involvement of a child and the child’s parents, family members, victims and the communities concerned; “secured periodic payments order” means a maintenance order made by a court under Part X; “serious offence” means an offence which is punishable, without proof of previous conviction, with death, life imprisonment or a term of imprisonment of three years or more, with or without the option of a fine; ”single man” includes a widower, a divorced man and a man on separation from the man’s wife; “single woman” includes a widow, a divorced woman and a woman on separation from the woman’s husband; “social welfare report” means a report made by a child welfare inspector regarding the physical, social, psychological and other circumstances, needs and deficiencies of a child for the purpose of assessing the appropriate action to be taken in respect of the child; Children’s Code [No. 12 of 2022 241 Cap.1 Best interest of child “State of origin” means a country in which a child to be adopted resides; “supervising officer” means a child welfare inspector, probation officer, or a person delegated by the probation officer or child welfare inspector to act on behalf of that probation officer or child welfare inspector; “wardship order” means an order requiring that a child be placed under the protection of the court; and “young person” has the meaning assigned to the words in the Constitution.