CHILDREN’S: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Children’s Act (School of Industries) Regulations

Child Protection Regulations

CHILD PROTECTION REGULATIONS

(under section 117)

(27th February, 2015)

ARRANGEMENT OF REGULATIONS

REGULATION

PART I
Preliminary

1. Citation

2. Interpretation

PART II
Child Protection and Guiding Principles

3. Protection officers

4. Guiding principles

5. Code of conduct

6. Standards for child protection organisation

PART III
Care of Children

7. Co-parenting agreement

8. Social worker to be assigned

9. Duty to keep privacy of child

10. Assessment of child with disability

11. Refugee and displaced children

PART IV
Fostering of Children

12. Form of care agreement

13. Screening of foster parents

14. Duties of foster parents

15. Non-citizen foster parents

16. Travel outside Botswana of child under care of foster parent

17. Disappearance of child under care of foster parent to be reported

18. Social worker’s report

19. Foster placement certificate

PART V
Child Abuse and Register of Child Abusers

20. Rehabilitation of abused child

21. Programmes and rehabilitative measures

22. Access to abused child

23. Register of child abusers

24. Removal of name from register

PART VI
Probation Services

25. Qualifications of probation officer

26. Reports to court

27. Visitations

28. Revocation of probation order

29. Settlement out of court, etc.

PART VII
Licensing and Operation of Child Welfare Institutions

30. Application for licence to operate welfare institution

31. Notice of requisition

32. Grant of licence

33. Board of management

34. Functions of Board

35. Qualifications, suspension and resignation of members

36. Vacation of office by members

37. Filling of vacancy

38. Remuneration and allowances

PART VIII
Maintenance of Health Standards by Child Welfare Institutions

39. Cleanliness

40. First aid, sick bay and fire-fighting equipment

41. Medical care and treatment

42. Private sector medical care

43. Prohibition of smoking

44. Kitchen facilities

PART IX
Miscellaneous Provisions

45. Report on foster care or institutional care situation

46. Endorsement of father’s name in birth certificate

47. Assessing suitability of parent’s partner

48. Death of parent

49. Custody in case of divorce

50. Extra mural labour

51. Revocation of Cap. 28:04 (Sub. Leg.)

SCHEDULE

S.I. 8, 2005,
S.I. 17, 2015.

PART I
Preliminary

1. Citation

These Regulations may be cited as the Child Protection Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—

“Board” means the Board of management appointed in accordance with regulation 32;

“child protection” means the provision of services related to the protection of children from harm, neglect, abuse and exploitation and the protection of all rights of children;

“Department” means the Department of Social and Community Development;

“Director” means the Director responsible for children’s affairs;

“DNA paternity test” means the technology used by a recognised medical laboratory to determine paternity; and

“official child protection role” means engaging in the protection of children from violence, neglect, exploitation and discrimination.

PART II
Child Protection and Guiding Principles

3. Protection officers

A person shall not be designated, employed or work in any official child protection role, unless he or she is a holder of at least a diploma in social work, child protection related field, law, education, child development or health related discipline.

4. Guiding principles

(1) A social worker or a person engaged in any official child protection role shall, in the discharge of his or her duties—

(a) not condone, accept or otherwise tolerate any form of child abuse, exploitation or neglect on the part of any person against a child;

(b) demonstrate dedication and commitment to the protection of a child;

(d) consider and analyse any action by any person towards any child and promptly take the relevant action to ensure protection of the child from abuse, exploitation or neglect; and

(e) not encourage or allow the participation of a child under his or her care and direction in matters that may negatively affect the child.

(2) The guiding principles provided under subregulation (1) are an addition to the guiding principles provided for under section 7 of the Act.

5. Code of conduct

(1) A person employed—

(a) as a social worker or as a probation officer; or

(b) in any official child protection role by a service provider, an organisation or institution providing a place of safety or a school of industry,

shall sign the code of conduct in Form 1 set out in the Schedule.

(2) A service provider, organisation or institution serving as a place of safety or school of industry shall ensure that all employees engaged in any official child protection role comply with the provisions of subregulation (1).

(3) A service provider, organisation or institution which engages any person who does not comply with the provisions of subregulation (1), commits an offence.

(4) The code of conduct signed in terms of subregulation (1), shall not prejudice the provisions of any employment agreement not inconsistent with the Act and these Regulations, entered into by a service provider, organisation or institution serving as a place of safety or school of industry and the employees of such service provider, organisation or institution.

(5) A social worker, probation officer or employee engaged in any official child protection role who fails to abide by the code of conduct undertaken by him or her, commits an offence.

(6) A person who commits an offence under subregulation (3) or (5), is liable to a fine not exceeding P5 000, or to imprisonment for a term not exceeding six months, or to both.

(7) In addition to the penalty under subregulation (6), a person who contravenes the provisions of this regulation may be—

(a) suspended as a service provider, or from an organisation or institution he or she is employed under; or

(b) expelled from the service provider, organisation or institution that he or she is employed under.

6. Standards for child protection organisation

(1) A service provider, organisation or institution which provides a place of safety or a school of industry shall have and implement a policy that—

(a) a person who has been convicted of a criminal offence shall not be engaged by it as a volunteer or in any other capacity;

(b) child protection and care training and other relevant training is provided at regular intervals for the benefit of its employees and to empower them to meet the different needs of children;

(d) no funding is accepted from any organisation or person associated with or suspected to be engaged in child abuse or child exploitation;

(e) proper programmes and activities for rehabilitation, counselling and reintegration of children subjected to abuse are in place; and

(f) a policy on child protection is reviewed at given regular intervals to keep the organisation or institution up to date with international requirements.

(2) A service provider, organisation or institution which provides a place of safety or a school of industry shall have, among others—

(a) gardens for children’s use;

(b) at least one play ground;

(i) entertainment areas,

(ii) therapy rooms, and

(iii) study rooms; and

(d) professional staff including—

(i) social workers,

(ii) psychologists,

(iii) child development professionals,

(iv) psychiatrists, and

(v) other relevant professionals.

(3) A child shall not be denied admission to a service provider, organisation or institution which provides a place of safety or a school of industry by reason of the HIV status of the child, other chronic illness or any disability.

PART III
Care of Children

7. Co-parenting agreement

(1) A co-parenting agreement referred to under section 26 of the Act shall be in Form 2 set out under the Schedule.

(2) Parents who wish to enter into a co-parenting agreement shall appear before a social worker in the area of residence of the child for assessment before entering into the co-parenting agreement.

(3) The social worker referred to under subregulation (2), shall make an assessment of the needs of the child before the conclusion of the co-parenting agreement, which needs shall be included in the agreement.

(4) The social worker may, where he or she finds that the co-parenting agreement is not in the best interests of the child, make an application to the children’s court to vary or revoke the agreement.

(5) A parent who wishes to vary or revoke a co-parenting agreement shall give the other parent 30 days’ notice of intention to vary or revoke the agreement.

(6) In any proceedings for the variation or revocation of a co-parenting agreement, the court shall take into consideration the assessment of the social worker on the implementation of the agreement in relation to the child.

(7) The place stated as the residence of a child under a co-parenting agreement shall be the permanent residence of the child, until the child is 10 years of age.

(8) Where the child referred to under subregulation (7) has reached the age of 10 years, the child shall be consulted whenever the parents or other persons are making any decision on the permanent residence or visitation period of the child.

8. Social worker to be assigned

(1) For purposes of the general well-being of a child, a social worker shall be assigned to observe and monitor the emotional well-being and general welfare of the child.

(2) The social worker shall make at least two visitations in three months and submit a quarterly report to the children’s court on the progress of the co-parenting agreement, if any, and the well-being of the child.

(3) The visitations referred to under subregulation (2) shall continue even where the parents are staying in different districts.

9. Duty to keep privacy of child

A parent, relative or guardian of a child shall keep any confidential information of, or about the child from the public.

10. Assessment of child with disability

(1) A parent, a person with the care and custody of a child or a guardian of a child with disability shall facilitate the referral of the child to appropriate authorities to assess the child’s strength and limitations in order to identify—

(a) the child’s needs for formal or informal education;

(b) the special needs and requirements of the child; and

(2) A parent, a person with the care and custody or a guardian of a child with disability shall take steps and encourage the child to meet with other children and adults with similar or other disabilities and those who have successfully overcome their disabilities.

(3) A parent, a person with the care and custody or a guardian of a child with disability shall have the responsibility to refer the child to the appropriate authorities for proper assessment and counselling, if necessary.

(4) A parent, a person with the care and custody or a guardian who fails to refer or facilitate the referral of a child to the appropriate authority under subregulation (1) or (3), commits the offence of neglect under section 56 of the Act and is liable to the punishment provided under that section.

11. Refugee and displaced children

(1) A person engaged in any official child protection role and a social worker in the district where refugee or displaced children reside shall ensure that the children have access to all available amenities and that their basic needs such as medical care, education, shelter, food, psychosocial support and protection from abuse and neglect are met.

(2) The social worker referred to under subregulation (1), shall monitor and evaluate all programmes and services provided to refugee or displaced children in the district and compile a report on the progress for submission to the children’s court.

PART IV
Fostering of Children

12. Form of care agreement

A care agreement referred to under section 51 of the Act shall be in Form 3 set out under the Schedule.

13. Screening of foster parents

(1) A person who wishes to become a foster parent shall make an application in Form 4 set out under the Schedule.

(2) An application to become a foster parent shall be accompanied by—

(a) three character references, two of which shall be from persons of good standing in society;

(b) a home study report from country of origin by an official child protection authority;

(i) suffer from a chronic or terminal illness which would render such person unable to provide and care for the child, or

(ii) suffer from a communicable disease that poses a danger to the health of the child; and

(d) documentary proof that the applicant possesses sufficient means to maintain the child, if the child is to be placed under his or her care.

(3) A person may be a foster parent if—

(a) upon being examined by a Government medical officer, he or she is found not to be addicted to alcohol or other drugs;

(b) he or she has never been convicted of any criminal offence resulting from conduct which if repeated would make it unsafe for a child to live with that person;

Provided that a child in need of care may be placed in the custody of a person under the age of 21 years if the children’s court finds it to be in the best interests of the child; and

(d) he or she is at least 15 years older than the child to tie fostered:

Provided that where the children’s court considers it to be in the best interests of the child, it may place the child under the care of a foster parent who is less than 15 years older than the child.

(4) Every person who applies to become a foster parent shall be assessed by a social welfare officer, who shall make an assessment as to whether the applicant would be a suitable foster parent.

14. Duties of foster parents

(1) A foster parent shall safeguard and promote the welfare of a child under his or her care.

(2) Without prejudice to the generality of subregulation (1), a foster parent shall provide education, health and medical care, food and clothing to a child under his or her care.

(3) A foster parent shall not act in any manner that is contrary to the best interest of the child placed under his or her care.

15. Non-citizen foster parents

(1) Where a foster parent is not a citizen of Botswana, he or she shall not keep in his or her possession, the birth certificate or the travel documents of the foster child.

(2) The birth certificate and the travel documents of a child who is under the care of a foster parent who is not a citizen of Botswana shall be kept by the Department.

16. Travel outside Botswana of child under care of foster parent to be reported

A person who wishes to travel outside Botswana with a child under his or her care shall obtain written authorisation from the Department and submit such authorisation to the children’s court.

17. Disappearance of child under care of foster parent

Where a child under foster care disappears from a child welfare institution or the home of a foster parent, the manager of the institution or the foster parent, shall, within 24 hours of the disappearance of the child, report to the nearest police station or a social worker in the District which the child resides.

18. Social worker’s report

The report made by a social worker in terms of section 74 regarding a child to be placed in foster care shall be in Form 5 set out under the Schedule.

19. Foster placement certificate

(1) The Minister may issue a foster placement certificate to a foster parent where the court makes an order placing a child in foster care.

(2) The foster placement certificate shall be in Form 6 set out under the Schedule.

PART V
Child Abuse and Register of Child Abusers

20. Rehabilitation of abused child

(1) A parent, a person with the care and custody of a child or a guardian of a child or any other person who gets to know that a child is being abused, shall report the abuse to a social worker.

(2) The social worker shall ensure that the abused child is provided with psychotherapy services for at least one year.

(3) The social worker shall make monthly progress reports to the children’s court on the response of the child to psychotherapy.

21. Programmes and rehabilitative measures

(1) For the purposes of facilitating the programmes and rehabilitative measures put in place by the Minister under section 54 of the Act, a social worker shall—

(a) take the history of abuse of a child and shall involve medical personnel and any other necessary expertise to minimise trauma in the child;

(b) make a comprehensive needs assessment and the extent of significant harm on the victim and other family members and thereafter shall provide counselling and parenting skills to the parent, guardian or care giver; and

(c) make monthly progress reports to the children’s court on the abused child regarding the reconstruction and restructuring of the family for purposes of reintegration of the child into the family.

(2) The social worker shall, after an abused child has been reintegrated into his or her family—

(a) provide aftercare services to the child to ensure that there is no further psychological and emotional trauma; and

(b) arrange for medical follow-up in accordance with the instructions of the medical officer who first attended the child.

22. Access to abused child

A parent, a person with the care and custody or a guardian who has abused a child shall not be permitted access to the child unless—

(a) the access is part of the programme and rehabilitative measures under regulation 21;

(b) the child is given advance preparation and is of such age and maturity to give consent to see the parent, person with care and custody or guardian;

(d) the child or a social worker in attendance can end the meeting any time.

23. Register of child abusers

(1) Upon the conviction of any person of an offence involving child abuse, the social worker handling the case shall register the child abuser in Form 7 set out under the Schedule.

(2) The form referred to under subregulation (1) shall be kept at all magistrates’ courts and the High Court to ensure immediate registration of all offenders.

(3) The social worker handling the case shall forward the register of child abusers to the Director to update the register.

(4) A person who wishes to consult, inspect or make a copy of or obtain an extract from the register shall pay a fee of P100.

(5) A child care institution wishing to engage the services of any person shall in Form 8 set out under the Schedule and upon payment of a fee of P 50, confirm that the person’s name is not in the register of child abusers.

(6) A child care institution which employs a child abuser in contravention of subregulation (5) shall have its licence revoked and where the institution is a government institution, the head of the institution shall be guilty of the offence of neglect of a child and liable to the penalties provided under section 56 of the Act.

24. Removal of name from register

(1) A person who has been registered in the register of child abusers may have his or her name removed from the register on application, in writing, to the Director—

(a) after 10 years from the date of conviction; and

(b) where the person has received and responded well to a defined therapeutic treatment from a social worker, psychologist or psychiatrist.

(2) A social worker, psychologist or psychiatrist who has treated a child abuser, shall compile a detailed report of the progress and response to treatment of the applicant under subregulation (1) for consideration by the Director.

PART VI
Probation Services

25. Qualifications of probation officer

Subject to section 91(2) of the Act, a person shall not be appointed a probation officer unless he or she is a holder of a bachelor’s degree, having in its components, any of the following disciplines—

(a) social work;

(b) psychology;

(d) counselling.

26. Reports to court

(1) A probation officer shall, in the discharge of his or her functions under section 91 of the Act, investigate, assess the circumstances of the child and compile the following reports to the court—

(a) social enquiry report, detailing the social background of the offender, family situation and circumstances, educational attainment, particulars of the present, previous violations, probation officer’s diagnosis, intervention plan and recommendations;

(b) pre-sentence report, detailing the offender’s background, family history, economic background, criminal history, health status, educational background, employment status and recommended sentence and rehabilitation plan; and

(c) probationer progress report, detailing community safety issues, offender accountability and interventions towards rehabilitation of the offender.

27. Visitations

The probation officer shall for the first three months of probation, visit the probationer at least twice a month and thereafter once every month depending on the conduct of the offender.

28. Revocation of probation order

The probation officer may, where he or she observes that the circumstances of the probationer have changed, make an application to the children’s court to vary or revoke the probation order.

29. Settlement out of court, etc.

Where a child has committed a minor civil offence or an offence against property, the value of which does not exceed P500, the case may be settled out of court if—

(a) the complainant does not wish to take the case to court;

(b) the child offender admits the offence and shows remorse;

(d) the child is ready to go for mandatory counselling for one year to modify his or her behaviour; or

(e) it is in the best interest of the child not to go through court proceedings.

PART VII
Licensing and Operation of Child Welfare Institutions

30. Application for licence to operate welfare institution

A person who wishes to operate a child welfare institution shall make an application for a licence to operate a child welfare institution in Form 9 set out under the Schedule.

31. Notice of requisition

The notice to be issued to the applicant by the licensing authority under section 100 of the Act requiring documents and other relevant evidence of compliance shall be in Form 10 set out under the Schedule.

32. Grant of licence

The licensing authority shall grant an applicant under regulation 30 a licence to operate a child welfare institution in Form 11 set out under the Schedule.

33. Board of management

(1) An institution established by the Minister for the reception of children under section 111 of the Act shall have a Board of management appointed by the Minister on the recommendation of the Local Authority responsible for the district or town in which the institution is established.

(2) The Board shall consist of not less than six and not more than nine members who shall hold office for three years and shall be eligible for re-appointment for a further term of two years.

34. Functions of Board

The Board shall be responsible for the operations and carry out the functions and duties of the institution in accordance with the provisions of the Act and these Regulations.

35. Qualifications, removal and suspension of members

(1) A person shall not be appointed as a member of the Board or be qualified to continue to hold office where the person—

(a) has in terms of a law in force in any country—

(i) been adjudged or otherwise declared bankrupt and has not been discharged, or

(ii) made an assignment to, arrangement or composition with his or her creditors, which has not been rescinded or set aside; or

(b) has within the period of 10 years immediately preceding the date of his or her appointment, been convicted—

(i) of a criminal offence within Botswana, or

(ii) outside Botswana, of an offence which if committed in Botswana, would have been a criminal offence,

and sentenced by a court of competent jurisdiction to imprisonment for six months or more without the option of a fine, whether that sentence has been suspended or not, and for which he or she has not received a free pardon.

(2) The Minister may in writing, suspend from office, a member of the Board against whom criminal proceedings are instituted for an offence in respect of which a sentence of imprisonment without the option of a fine may be imposed, and whilst that member is so suspended, he or she shall not carry out any duties under these Regulations or be entitled to any remuneration or allowances as a member of the Board.

(3) The Minister shall remove a member of the Board from office, if the member—

(a) is absent without reasonable cause from three consecutive meetings of the Board of which he or she has had notice;

(b) has been found to be physically or mentally incapable of performing his or her duties efficiently, and a medical doctor has issued a certificate to that effect;

(c) contravenes the provisions of this Act or otherwise misconducts himself or herself to the detriment of the objectives of the Board; and

(d) has been convicted of an offence under the Act or these Regulations, or under any other law for which he or she is sentenced to imprisonment for a term of six months or more without an option of a fine.

36. Vacation of office by members

A member of the Board shall vacate his or her office and his or her office shall become vacant—

(a) if he or she becomes disqualified in terms of regulation 35 to hold office as a member of the Board;

(b) if he or she is adjudged bankrupt or insolvent;

(d) upon his or her death;

(e) upon the expiry of such time as the Minister may specify in writing, notifying the member of his or her removal from office by the Minister;

(f) upon the expiry of one month’s notice, in writing to the Minister, of his or her intention to resign from office;

(g) if he or she becomes mentally or physically incapable of performing his or her duties efficiently, and a medical doctor has issued a report to that effect;

(h) if he or she is convicted of an offence under the Act or these Regulations for which he or she is sentenced to imprisonment for a term of six months or more without the option of a fine; or

(i) if he or she is summarily dismissed by the Minister on the grounds of contravening the provisions of the Act or these Regulations.

37. Filling of vacancy

Where the office of a member becomes vacant before the expiry of the member’s term of office, the Minister shall appoint another person in the place of the member who vacates office and that person shall hold office for the remaining period of the term of office of the vacating member:

Provided that where the remaining period in the member’s term who has vacated office is less than six months, there shall be no need to appoint a replacement.

38. Remuneration and allowances

A member shall be paid such remuneration, travelling expenses and other expenses, incurred in connection with his or her services on the Board, if any, as the Minister may from time to time determine.

PART VIII
Maintenance of Health Standards by Child Welfare Institutions

39. Cleanliness

The management of a child welfare institution shall ensure that at all times a high standard of cleanliness and maintenance is established and kept in the institution.

40. First aid, sick bay and fire-fighting equipment

(1) A child welfare institution shall maintain a first aid box or cupboard containing adequate supply of dressings, bandages, sterilised cotton wool, adhesive plasters, disinfectants, safety pins and tourniquet to provide first aid treatment to children when required.

(2) A child welfare institution shall maintain a room equipped with a bed, mattress and clean linen in which a sick child may rest and be isolated from other children.

(3) A child welfare institution shall have fire-fighting equipment which shall be regularly inspected by the fire brigades in terms of the Fire Services Act (Cap. 40:04).

41. Medical care and treatment

(1) Medical care and treatment provided to a child in a child welfare institution shall be at the expense of the Government.

(2) A child in a child welfare institution shall participate in and benefit from all Government programmes for the protection of the child against diseases including measles, tuberculosis, diphtheria, pertussis, neonatal tetanus, poliomyelitis B and other diseases that the Ministry may from time to time determine.

(3) The Minister shall ensure that facilities are available to child welfare institutions for continuous medical check-up and the necessary medical support, including immunisation and treatment of children and members of staff of the institution.

(4) The Ministry responsible for health shall, in relation to children under five years of age in child welfare institutions, provide technical health support and other health services on a 24 hour basis.

(5) The management of a child welfare institution shall ensure that any person suffering from a communicable disease within the institution, is immediately isolated from contact with other members of staff or children in the institution.

42. Private sector medical care

For the purposes of section 15 of the Act, the Minister may require any civil society or private sector organisation to provide medical care to a child in need of care where government owned institutions cannot provide the required medical services.

43. Prohibition of smoking

A person shall not smoke in the precincts of a child welfare institution and for that purpose, the management of such institution shall display a “No Smoking” notice, prominently on a white background, at the entrance to the institution.

44. Kitchen facilities

(1) A child welfare institution shall provide in the kitchen adequate water, hygienic storage space for food, cutlery and suitable and hygienic crockery as well as detailed menu of food with a suitable balanced diet.

(2) Where food is brought into the institution by children, suitable facilities for storage and refrigeration of the food shall be provided by the institution.

PART IX
Miscellaneous Provisions

45. Report on foster care or institutional care situation

A social worker shall make inspection visits to a child under foster care or institutional care to assess the well-being of the child and make a quarterly report to the children’s court and in the case of institutional care, a report shall be made every time the child is to visit a biological parent or guardian.

46. Endorsement of father’s name in birth certificate

(1) For the purposes of section 12(4) of the Act, the biological father of a child shall, within 60 days of the birth of the child, appear before the relevant authority for the endorsement of his name and address in the birth certificate of the child.

(2) Where a person identified as the father of a child by the mother denies paternity, a DNA paternity test shall be conducted at the expense of the identified father and if the test proves his paternity, his name and address shall be endorsed in the birth certificate of the child.

(3) Where the identified father denying paternity fails to pay for the DNA paternity test he shall be deemed to be the father of the child until a DNA paternity test can prove otherwise.

(4) The name and address of the father of a child may not appear in the birth certificate of the child if the mother of the child cannot identify the father.

(5) A DNA paternity test shall be conducted to prove the paternity of a child where information as to the paternity of the child is provided by a relative or any person in any case, where—

(a) the mother is mentally ill and cannot identify the father; or

(b) the father is mentally ill and cannot accept or deny paternity of the child.

47. Assessing suitability of parent’s partner

Where a biological parent of a child is married or getting married to another person or staying with another person who is not the biological parent of the child, that parent’s partner or the person staying with the parent, shall be assessed by a social worker to ensure the safety and well-being of the child, if such partner is to stay with the child.

48. Death of parent

In case of the death of one of the parents of a child who have entered into a co-parenting agreement, a social worker shall carry out an assessment on the surviving parent or guardian to determine who shall be granted custody of the child.

49. Custody in case of divorce

Where parents of a child are divorced or preparing for a divorce, a social worker shall conduct an inquiry into the proceedings of the divorce and the parents and make a report to the children’s court before a final decision of granting custody of the child is made.

50. Extra mural labour

A child in conflict with the law, who is pregnant or breast feeding, shall be considered for diversion as opposed to a prison term or extra mural labour for the remainder of the child’s prison term if already sentenced.

51. Revocation of Cap. 28:04 (Sub. Leg.)

The Children in Need of Care Regulations are hereby revoked.

SCHEDULE

FORM 1
CODE OF CONDUCT

(regulation 5)

I ……………………………………………………………. (Name) engaged by …………………………………………………………. (Name of organisation) hereby agree that I, as a service provider/worker, shall—

(a) comply and advance the best interest of the child;

(b) do no harm against any child under my protection;

(d) ensure, whenever possible, that another adult is present when working with or in the proximity of children;

(e) treat every child with respect;

(f) avoid touching, fondling, rubbing or otherwise having inappropriate physical contact with any child;

(g) refrain from using language that may harass, abuse, sexually provoke, demean, or in any way, be inappropriate for the dignity, development and good behaviour of the child;

(h) refrain from engaging any child in any form of sexual acts or activity;

(i) refrain from inviting any unaccompanied child into my home unless such a child is in immediate risk of injury;

(j) obtain the permission of my supervisor before sleeping close to a child under my protection or supervision;

(k) refrain from accessing pornography in any form;

(l) refrain from physical punishment of a child under my protection;

(m) refrain from hiring any child into my domestic or other harmful labour;

(n) immediately report allegations, concerns of abuse, exploitation and neglect in accordance with procedures established under the Children’s Act or any other law;

(o) ensure that any photographs of any child taken and used by me, portray children in a dignified manner;

(p) not engage in or accept any bribes, significant gifts, or any form of gratification that may be offered as a result of, or incentive for my services related to the protection of the child under my care;

(q) not consume alcohol or other intoxicating substances that may adversely affect sound judgment when working with children;

(r) not possess, sell, profit or otherwise deal in illegal goods and substances; and

(s) respect the confidentiality and privacy of children and adults I work with and any person whose personal information I may come across in my work as a service provider/worker..

I understand that the onus is on me to exercise common sense and avoid a situation that could lead to suspicion that I, or my organisation may be involved in any child abuse, exploitation or neglect.

Signed: …………………….. …………….. Date: ……………………………………..

FORM 2
CO-PARENTING AGREEMENT

(regulation 7)

AGREEMENT BETWEEN:

Name of mother of child: …………………………………………………………………………………………………

Identity number: ……………………………………………………………………………………………………………….

Level of education: …………………………………………………………………………………………………………….

Address: Postal ………………………………………………………………………………………………………………..

Residential: ……………………………………………………………………………………………………………………..

Telephone number, if any …………………………………………………………………………………………………….

Occupation: ……………………………………………………………………………………………………………………..

Employer, if any: ……………………………………………………………………………………………………………….

Address of employer: ………………………………………………………………………………………………………….

Postal: …………………………………………………………………………………………………………………………….

Telephone number ………………………………………………………………………………………………………………

of the one part,

AND

Name of father of child……………………………………………………………………………………………………..

Identity number………………………………………………………………………………………………………………….

Level of education……………………………………………………………………………………………………………….

Address: Postal…………………………………………………………………………………………………………………

Residential……………………………………………………………………………………………………………………….

Telephone number, if any……………………………………………………………………………………………………..

Occupation……………………………………………………………………………………………………………………….

Employer, if any…………………………………………………………………………………………………………………

Address of employer:…………………………………………………………………………………………………………..

Telephone number………………………………………………………………………………………………………………

HAVING REALISED that we concurrently have the responsibility to ensure that our child………………………………… born on …………………………………………………. day of ………………….. , is effectively nurtured and fully enjoys his/her rights, we do hereby agree as follows:

1. Purpose of agreement

(a) The purpose of the Agreement is for us as parents, despite maintaining separate respective homes do agree to act jointly in the best interests of the child, in the maintenance and welfare of the said child.

(b) In all decisions concerning the said child, we shall always ensure that, subject to the child’s evolving capacities, the child’s views and feelings, take primary consideration above our interests.

2. Child’s residence

(a) The child’s home/place of residence shall be (provide points of agreement regarding the residence of the child):

……………………………………………………………………………………………………………………………………………..

(b) The child’s choice of residence according to his/her evolving capacities (State the age or degree of maturity that will result in the respect by the parents of the child’s choice to reside with one of the parents):

……………………………………………………………………………………………………………………………………………..

3. Child’s access to parents

Arrangements for the child’s right for access to both parents is as stated hereunder (state details of arrangements):

……………………………………………………………………………………………………………………………………………..

4. Shared information

Nature of information to be shared by the co-parents is as follows (state the information to be shared and method of communication by the parents):

……………………………………………………………………………………………………………………………………………..

5. Parental guidance

Arrangements for the overall upbringing and direction of the child are as follows (state details of arrangements):

……………………………………………………………………………………………………………………………………………..

6. Education and maintenance

(a) The nature and type of school or schooling chosen for the child shall be (state the schools):

……………………………………………………………………………………………………………………………………………..

(b) Financial and other contribution arrangements for the maintenance of the child are agreed as follows (state the proportion of contribution from each co-parent):

……………………………………………………………………………………………………………………………………………..

7. Respect between parents

Agreed mutual respect and avoidance of denigration for each other is as stated hereunder (state agreed method of behaviour):

……………………………………………………………………………………………………………………………………………..

8. Death of one of the parents

If any of the parents dies during the subsistence of this agreement, the child shall be in the care of the living parent if, in the opinion of the social worker, this is in the best interests of the child.

9. Other matters

Any other issues that are agreed upon by the co-parents or recommended by the social worker (give all other matters agreed upon):

……………………………………………………………………………………………………………………………………………..

10. Filing of Agreement

In confirmation of our commitment, we hereby file this Agreement with the children’s court. (State the name of the Court):

……………………………………………………………………………………………………………………………………………..

11. Reference in case of disagreement

This Agreement shall be the point of reference in any case of disagreement on any matter regarding the said child.

12. Interpretation of Agreement

Any dispute between the parents regarding the interpretation of this agreement shall be resolved by the Children’s Court.

SIGNED this …………………………………………………..day of ……………………………………………………..

………………………………………………. ……………………………………….
(Name of first co-parent) (Signature of first co-parent)

………………………………………………. ……………………………………….
(Name of second co-parent) (Signature of second co-parent)

In the presence of:

Name of witness: Signature and Date: Address of witness: ID No.

………………………….. ………………………… …………………….. ……………………

…………………………. ………………………… …………………….. ……………………

FORM 3
CARE AGREEMENT FORM

(regulation 12)

(To be completed in Triplicate)

This Agreement is made this………………………….. day of ………………………. in the year ……………………….

Between

…………………………………………………………………………………………………………………………………………..
    (Name of first parent/guardian/relative)
     …………………………………………………………………………………………………………………………………………..
                                (Address of first parent/guardian/relative)

And

…………………………………………………………………………………………………………………………………………..
(Name of second parent/guardian/relative, if applicable)

…………………………………………………………………………………………………………………………………………..
(Address of second first/parent/guardian/relative)

And:

…………………………………………………………………………………………………………………………………………..
(Name of care giver person/institution)

…………………………………………………………………………………………………………………………………………..
(Address of care giver)

We state as follows:

1. This Agreement is in relation to…………………………………………………………………………………………………… (Name of the child) born on the …………………………………….. day of…………………………………………………… (state date).

2. This Agreement shall commence on the………………………… day of……………………………………… and end on the………………………..day of……………………………………………………………………..(state date).

3. This Agreement may be extended by mutual agreement with the leave of the children’s court.

4. The child will be placed in the care of the said care giver, pursuant to the placement order made by the court (give the name of the court) ………………………………………………………………………………………………….. on the……………………day of…………………………

5. The location of the child’s placement shall be………………………………………………………………………………………………………………………… ……………………………………………………………………………………..(Physical address where child will reside)

6. The care giver shall not discriminate against the child as regards other children in the care giver’s care.

7. The care provided to the child shall include, but not limited to, the parental responsibilities related to health, education, protection, guidance, psychological, emotional and general well-being of the child.

8. The care giver shall allow the parents/guardians and other designated relative of the child to have contact with the child at least………………………. in every…………………….., subject to the best interest of the child.(State the frequency of contact).

9. The care giver shall allow a social worker to visit the premises of the child’s Placement and have contact with the child to assess the child’s well-being.

10. The care giver and the parent(s)/guardian/relative shall co-operate in the periodic review of the child’s placement as carried on by the social worker or any other officer or person designated by the Minister.

11. The care giver and parent(s)/guardian/relative shall ensure timely compliance with any instruction made under the authority of the Minister responsible for children’s affairs.

12. Subject to the child’s evolving capacities, the parent(s)/guardian/relative of the child and the care giver shall respect the child’s views and shall terminate this Agreement if the child wishes to reside with his or her parent(s), guardian or relative who is willing to provide residence, care and maintenance of the child.

We have signed this Agreement this…………………………………………….. day of ……………20………………

……………………………………………… ……………………………………………………..

(Name of first parent/guardian/relative) (Signature)

……………………………………………………………………………. ……………………………………………

(Name of second parent/guardian/relative, if applicable) (Signature)

……………………………………………………………………. …………………………………………………….

(Name of care giver) (Signature of/on behalf of, care giver)

Before me

………………………………………………….
Commissioner of Oaths

FORM 4
APPLICATION TO FOSTER A CHILD

(regulation 13)

(To be completed in Triplicate)

Part A — Details of Application

Name of Applicant:

…………………………………………………………………………………………………………………………………………..

Category of Applicant: (state whether husband and wife or person certified by court)

…………………………………………………………………………………………………………………………………………..

Date(s) of Birth:

…………………………………………………………………………………………………………………………………………..

Address of Applicant(s):

…………………………………………………………………………………………………………………………………………..

Occupation of Applicant(s):

…………………………………………………………………………………………………………………………………………..

Applicant’s source of income:

…………………………………………………………………………………………………………………………………………..

Part B — Details of Foster child

Name of child:

…………………………………………………………………………………………………………………………………………..

Date of birth:

…………………………………………………………………………………………………………………………………………..

Sex of child:

…………………………………………………………………………………………………………………………………………..

Name of father of child:

…………………………………………………………………………………………………………………………………………..

Address of father:

…………………………………………………………………………………………………………………………………………..

Mother’s name:……………………………………………………………………………………………………………………….

Address of mother:

…………………………………………………………………………………………………………………………………………..

Part C — Reasons and Undertaking for application

l. I/we apply to foster the above mentioned child for the following reasons:

…………………………………………………………………………………………………………………………………………..

2. I/we undertake to raise the said child as his/her parents, advancing his/her best interests at all times to the best of my/our ability, during the period of foster care.

3. I/we enclose and send a sealed envelope containing a report completed by social worker who assessed my/our abilities.

…………………………………………….. ……………………………

Name of applicant Signature

Part D — Recommendation from a Community or Religious Leader

I…………………………………………………………………………………………………………………………………………….. in my capacity as (state whether community or religious leader) do state that I personally know the Applicant and I recommend/do not recommend (delete as appropriate) him/her/them to be (a) fit and proper person(s) to foster a child in the child’s best interests.

………………………………………… ……………………………………

Signature Position held

FORM 5
SOCIAL WORKER’S REPORT

(regulation 18)

1. Details of Social Worker:

Name of Social Worker: ………………………………………………………………………………………………………….

Organisation/Registered NGO/Government Department Address:

…………………………………………………………………………………………………………………………………………

2. Assessment of the well-being of the child:

Name of child: …………………………………………………………………… Date of birth:……………………………….

Physical, Social and Psychological well-being of the child:

…………………………………………………………………………………………………………………………………………

3. General background of the child:

Home environment (Including cultural, religious and language and background)

…………………………………………………………………………………………………………………………………………

School records:

…………………………………………………………………………………………………………………………………………

4. Assessment of the suitability of prospective foster parent(s):

Name(s) of prospective foster parent(s):

…………………………………………………………………………………………………………………………………………

Suitability to provide for the child:

…………………………………………………………………………………………………………………………………………

Suitability to protect the child:

…………………………………………………………………………………………………………………………………………

Suitability to advance the education and general well-being of the child:

…………………………………………………………………………………………………………………………………………

Suitability to provide residential environment:

…………………………………………………………………………………………………………………………………………

Number of other children residing in prospective environment:

…………………………………………………………………………………………………………………………………………

Number of children under care of foster parent(s):

…………………………………………………………………………………………………………………………………………

5. Overall recommendation:

In view of the reasons noted above, I (tick the appropriate and complete)

(a) recommend that the Applicant(s) be allowed to foster the child for a period of …………………………… (state period)

(b) Recommend that the Applicant(s) be not allowed to foster the child.

Signature ……………………………………………………………………………

Name ……………………………………………………………………………

Designation ……………………………………………………………………………

Organisation ……………………………………………………………………………

Date and Stamp ………………………………………………………………………

FORM 6
FOSTER PLACEMENT CERTIFICATE

(regulation 19)

I hereby certify that:

(a) ……………………………………………………………………………………………….(Husband)

and

(b) …………………………………………………………………………………………………….(Wife)

Are/is the foster parent(s) of the child named as………………………………………………………..

……………………………………………………………………… and aged………………………………….

from the………………………..day of……………………………in the year………………………….. as

per court order dated…………………………………………………………………………………………..

Dated this ……………………………day of ……………………………………..in the year………………..

…………………………………………………..

Minister responsible for Children’s Affairs

FORM 7
ABUSER’S REGISTER

(regulation 23(1))

1. Bio-Data:

Surname…………………………………………………….. Identity/Passport No. ………………………

Other Name(s)………………………………………………………….Sex …………………………………….

Date of Birth…………………./…………../………………… Place of Birth…………………………………..

Place of Residence…………………………………………….Marital Status………………………………..

Next of Kin…………………………………………………………………………………………………………..

Occupation…………………………………………………………………………………………………………..

Place of Work……………………………………………………………………………………………………….

2. Conviction Record:

a. Previous conviction:

Date when convicted……………………………………………………………………………………………….

Reasons for conviction…………………………………………………………………………………………….

………………………………………………………………………………………………………………………….

Country and place of conviction ………………………………………………………………………………..

b. Current conviction:

Date when convicted………………………………………………………………………………………………

Reasons for conviction……………………………………………………………………………………………

…………………………………………………………………………………………………………………………

Country and place of conviction…………………………………………………………………………………

Working with child care institution? Yes/No………………………………………………………………….

If yes explain………………………………………………………………………………………………………..

…………………………………………………………………………………………………………………………

Relationship to abused child:

…………………………………………………………………………………………………………………………

After effects of the act on abused child:

…………………………………………………………………………………………………………………………

Abuser’s name……………………………………………………………..

Signature…………………………………………………………………….

Date…………………………………………………………………………..

Social worker handling the case………………………………………..

Signature…………………………………………………………………….

Date…………………………………………………………………………..

Registrar of Children’s court……………………………………………..

Signature…………………………………………………………………….

Date…………………………………………………………………………..

Director……………………………………………………………………….

Signature……………………………………………………………………..

Date……………………………………………………………………………

FORM 8
CLEARANCE FORM FOR NEW EMPLOYEE IN CHILD WELFARE INSTITUTION

(regulation 23(5))

Name …………………………………………………………………………………………………………………………

Other Name(s) ……………………………………………………………………………………………………………..

Identity/Passport No……………………………………………………………………………………………………….

Date of Birth ………………………………./…………………………./…………………….

Sex………………………………………………………………………………………………

Place of Birth………………………………………………………………………………….

Place of Residence…………………………………………………………………………..

Next of Kin……………………………………………………………………………………..

Marital Status………………………………………………………………………………….

Relationship with next of kin……………………………………………………………………………………………….

……………………………………………………………………………………………………………………………………

Profession………………………………………………………………………………………………………………………

……………………………………………………………………………………………………………………………………

Address and Name of employer/training institution in the past five years…………………………………………

……………………………………………………………………………………………………………………………………

Position(s) held………………………………………………………………………………………………………………..

Current employer (if any) ……………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………….

Position………………………………………………………………………………………………………………………….

Previous conviction(s) ……………………………………………………………………………………………………….

Details of conviction…………………………………………………………………………………………………………..

……………………………………………………………………………………………………………………………………

Name of Applicant…………………………………………………………………………………………………………….

Signature ……………………………………………………………………………………………………………………….

Name of Employer…………………………………………………………………………………………………………….

…………………………………………………. …………………………………
Signature of Director Stamp

FORM 9
APPLICATION FOR A LICENCE TO OPERATE A CHILD WELFARE INSTITUTION

(regulation 30)

1. I, …………………………………………………………………………………………………………….(Name of Applicant) of………………………………………………………………………………………………………….. (Address) do hereby apply for a licence to operate a welfare institution known as ………………………………………….. (Name of lnstitution), for the care of children.

2. The address of the Institution is …………………………………………………………………………………………………………………………………………………………………………. ………………………………………………………………………………………………………….. (State official address)

3. I have not been convicted of any offence involving neglect, exploitation or abuse of any child in the past two years.

4. I plan to have ………………………………………………….. (give number) children placed in the said institution.

5. I have sufficient funds to maintain the stated number of children and manage the institution and I hereby attach a certified copy of a statement of account, by an independent auditor(s) certifying the adequacy of my personal/institutional financial capacity.

6. In my employment or in that of the institution, there is no person who has been convicted of any offence involving neglect, exploitation or abuse of any child in the past two years; and no such person shall be employed or associated with the management or operation of the institution during its existence.

7. I, undertake to ensure that:

(a) the management and operations of the institution has as its primary consideration, the advancement of the best interests of the children in its care;

(b) no child is discriminated against on the basis of sex, colour, religion, origin or ethnicity in the institution;

(c) every child under the care of the institution, subject to his or her evolving capabilities, participates in all decisions that may affect him or her;

(d) every child in the institution is treated with respect and dignity;

(e) every child under the care of the Institution has his or her needs met as holistically as possible.

……………………………………………… ……………………………………..
Name Signature

FORM 10
NOTICE OF REQUISITION

(regulation 31)

Whilst………………………………………………………………………………..(Name of Applicant) has applied for a licence or renewal of a licence to operate a child welfare institution under the Act, you are hereby required to produce to the licensing authority for the assessment of the said application, the following documents or type of evidence within seven days hereof or on the …………………………….. day of ……………………….. in the year…………………….

(a) ……………………………………………………………………………………………………………….

(b) ……………………………………………………………………………………………………………….

(d) ……………………………………………………………………………………………………………….

(e) ……………………………………………………………………………………….

(List the documents or type of evidence)

You are required to present the documents or evidence in person

You are required to send the documents or evidence to the following address:

………………………………………………………………………………………………………………………………

Dated this………………………………..day of ………………………………in the year……………………………..

…………………………………………………….
For Licensing Authority

FORM 11
LICENCE TO OPERATE A CHILD WELFARE INSTITUTION

(regulation 31)

Mr/Ms/Messrs…………………………………………………………………………………………………………(Name) is hereby licensed to operate a welfare institution known as……………………………………………………………………………from…………………………………….day of……………………………………in the year…………………………………for a period of ……………………………………………. (State the period) from the date hereof, subject to the Act and any other law in force.

……………………………………………………
Licensing Authority

CHILDREN’S ACT (SCHOOL OF INDUSTRIES) REGULATIONS

(section 117)

(25th September, 2020)

ARRANGEMENT OF REGULATIONS

REGULATION

PART I
Preliminary

1. Citation

2. Interpretation

PART II
Objectives and Board of Management

3. Objectives of school of industries

4. Board of management

5. Functions of board

6. Removal, suspension and resignation

7. Filling of vacancy

8. Disclosure of interest

9. Confidentiality

10. Remuneration

PART III
Absorption of Children

11. Reception of children in school

12. Search

13. Provision of information

14. Child’s property

15. Child in school of industries to be trainee

16. Examination of child and medical report

PART IV
Vocational and Rehabilitation Programmes

17. Vocational training

18. Rehabilitation programmes

19. Formal education

20. Integration programmes

21. Home visits for trainees

22. Employment for trainees

23. Post release programme

PART V
Maintenance of Health Standards

24. Cleanliness

25. First aid and sick bay

26. Medical care

27. Treatment of trainees and staff

28. Private sector medical care

29. Use of drugs and alcohol

30. Prevention of spread of disease

31. Death of trainee

PART VI
Inspection and Visitations

32. Inspection of school

33. Visits by relatives or friends

34. Visiting committee

35. Functions of visiting committee

PART VII
Conduct of Officers and Members of Staff

36. Training by example

37. Use of force

38. Report on use of force

PART VIII
Trainees‘ Discipline and Disciplinary Procedure

39. School rules

40. Disciplinary procedure

41. Escape by trainee

PART IX
Financial Provisions

42. Funds

43. Capital expenditure

44. Accounting records

45. Accounts to be audited

PART X
General Provisions

46. Extension of committal

47. Discharge of trainee

48. Public information and media

49. Accommodation

50. Uniform, clothing and bedding

51. School diet

52. Sale of products

S.I. 124, 2020.

PART I
Preliminary (regs 1-2)

1. Citation

These Regulations may be cited as the Children’s Act (School of Industries) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—

“board” means a board of management appointed by the Minister under regulation 4;

“medical officer” includes a medical practitioner and any other person qualified in carrying out medical treatment;

“officer” includes a social worker, police officer, probation officer and any other officer in the service of a school;

“school” means a school of industries established under section 111 of the Act; and

“trainee” means a child who has gone through all formalities of admission into a school of industries and is undergoing training at the school.

PART II
Objectives and Board of Management (regs 3-10)

3. Objectives of school of industries

The general objectives of a school of industries established by the Minister under section 111 shall be to receive, care and train children in conflict with the law and to prepare them for their return to the local community, and in relation to the above, the school shall—

(a) provide educational and rehabilitation programmes and activities, necessary for the rehabilitation of children;

(b) provide programmes and activities designed to assist children to acquire and develop personal responsibility, self discipline and general respect by the time each child is integrated back in the community; and

(c) train children in skills designed to enable each child to obtain suitable employment after integration in the community.

4. Board of management

(1) A school of industries shall have a board of management appointed by the Minister on the recommendation of the local authority for the District in which the institution is established.

(2) A board shall consist of not less than six and not more than nine members who shall hold office for three years and shall be eligible for re-appointment for a term of two years.

(3) A person shall not be appointed as a member or continue to hold office of a member if—

(a) that person has in terms of a law in force in any country—

(i) been adjudged or otherwise declared bankrupt and has not been discharged, or

(ii) made an assignment to, arrangement or composition, with his or her creditors, which has not been rescinded or set aside; or

(b) has within a period of 10 years immediately preceding the date of appointment been convicted—

(i) of a criminal offence within Botswana, or

(ii) outside Botswana, of an offence which if committed in Botswana, would have been a criminal offence,

5. Functions of board

A board shall be responsible for the operations and carrying out of the functions and duties of the school.

6. Removal, suspension and resignation

(1) The Minister shall remove a member from office if the member—

(a) is absent, without reasonable cause, from three consecutive meetings of the board of which he or she has notice;

(b) is physically or mentally incapable of efficiently performing the duties of a member and a qualified medical officer has issued a certificate to the effect;

(c) contravenes any provision of the Act or these Regulations or otherwise misconducts himself or herself to the detriment of the objectives for which the board is established; or

(d) is convicted of an offence under the Act or any other law and is sentenced to imprisonment for six months or more without the option of a fine.

(2) The Minister shall, in writing, suspend from office any member against whom criminal proceedings are instituted for an offence in respect of which a sentence of imprisonment may be imposed, and whilst suspended, the member shall not carry out any duties of the board.

(3) A member may resign from office by giving 30 days notice in writing to the Minister.

7. Filling of vacancy

8. Disclosure of interest

(1) Where a member of a board is present at a meeting of the board at which meeting a matter which is the subject of consideration is one in which he or she is directly or indirectly interested in a private capacity, the member shall, as soon as practicable after the commencement of the meeting, disclose such interest and shall not, unless the board otherwise directs, take part in any consideration or discussion of, or vote on any question touching upon, such matter.

(2) A disclosure of interest made in accordance with subregulation (1), shall be recorded in the minutes of the meeting at which it is made.

(3) Where a member of a board fails to disclose his or her interest in accordance with subregulation (1) and a decision by the board is made benefiting such member, such decision shall be void.

(4) A member of a board who fails to comply with the provisions of subregulation (1) commits an offence and is liable to a fine not exceeding P5 000, or to imprisonment for a term not exceeding six months, or to both.

9. Confidentiality

(1) A member of a board shall observe and preserve the confidentiality of all matters coming before the board, and such confidentiality shall subsist even after the termination of the term of office or the mandate of the member.

(2) A member of a board to whom confidential information is revealed through working with the board, shall not disclose that information to any other person unless he or she is required to do so in terms of any written law or for purposes of any judicial proceedings.

(3) A member of a board who contravenes the provisions of this regulation commits an offence and is liable to a fine not exceeding P5 000 or to imprisonment for a term not exceeding six months, or to both.

10. Remuneration

A member of a board shall be paid, out of the funds of the Council, such remuneration and allowance, if any, as the Minister may from time to time determine.

PART III
Absorption of Children (regs 11-16)

11. Reception of children in school

(1) A child who is tried by a children’s court and is sent to a school of industries under section 85(b) of the Act shall be received at a school of industries in the district of the place of conviction or in a district nearest to it.

(2) The school shall, on admission of a child to the school, record in a register, all relevant information pertaining to the child, including—

(a) the name, sex and age of the child;

(b) the weight of the child;

(d) his or her educational standard;

(e) the offence of which the child is convicted;

(f) the term of sentence; and

(g) any other relevant information.

(3) Upon admission of a child to the school, the following documents shall be obtained from the relevant persons—

(a) a copy of the birth certificate of the child;

(b) a copy of the identity card of the child;

(d) a medical report;

(e) social inquiry report;

(f) previous school records;

(g) a recent photograph of the child; and

(h) a guardian or parent’s particulars.

12. Search

(1) A child shall upon arrival and at departure from the school, be searched for security purposes and to ascertain the property and articles the child has entered or is leaving school with.

(2) Routine searches of all children in the school shall be carried out from time to time as a security measure.

(3) Searching of a child shall be carried out by an officer authorised by the school, being of the same gender as the child, and in a manner that respects the child’s right to privacy.

13. Provision of information

(1) A child shall, upon admission, be provided with all information relating to—

(a) school rules and regulations;

(b) disciplinary procedure;

(d) procedure for complaints.

(2) Where the child cannot read or has difficulty in understanding the information provided under subregulation (1), the information shall be explained to the child.

14. Child’s property

(1) Any property found with a child on admission which is not allowed in the child’s possession while at the school shall—

(a) be given to his or her parents or guardian for safe keeping; or

(b) where parents or guardian are not available, be kept in the custody of the school for the period of the child’s stay and a copy of the items shall be kept by a social worker to be produced by the child upon his or her release.

(2) The school shall confiscate any unauthorised property found in the possession of a child after reception into the school.

(3) Any property kept in the custody of the school which remains unclaimed—

(a) by the child within three months after his or her release; or

(b) by the child’s relatives after being traced, within six months after the death of the child,

may, depending on the value of the property, be destroyed or sold by the school and where sold, the proceeds may be used for the welfare of the children in the school.

15. Child in school of industries to be trainee

(1) A child shall become a trainee of a school upon—

(a) admission; and

(b) completion of all formalities and requirements of the school,

and shall be subjected to all training and rehabilitation programmes as may be scheduled by the school in the best interest of the child.

(2) A child shall be allowed to continue with the training, if he or she did not complete training under subregulation (2).

16. Examination of child and medical report

A medical officer shall examine each child committed to a school for the purpose of determining the child’s fitness and health status and the officer shall make a report to the school on—

(a) the health and mental status of the child;

(b) whether the period the child is committed is likely to worsen the child’s health or mental status;

(d) whether the child is fit to undertake the programmes offered at the school.

PART IV
Vocational and Rehabilitation Programmes (regs 17-23)

17. Vocational training

(1) A school of industries shall offer training in vocational skills including—

(a) welding and fabrication;

(b) motor mechanics;

(d) brick laying;

(e) tailoring;

(f) plumbing;

(g) electrical wiring;

(h) electronics;

(i) art and craft; or

(j) any other skill which may enable a trainee to obtain suitable employment after integration in the community.

(2) The training for vocational skill under this regulation shall include comprehensive workplace internship in industries, companies and businesses within the district of location of the school.

18. Rehabilitation programmes

(1) Rehabilitation programmes of a school may include—

(a) psychosocial support;

(b) games and sports;

(d) reintegration programmes; or

(e) any other social rehabilitation arrangement that the school may consider appropriate.

(2) A school shall make available games and sporting facilities for—

(a) the entertainment and recreation of the trainees; and

(b) where possible, training of trainees to acquire techniques in specific games of interest to enable them to join competitive games and sports.

(3) A school may allow different religions through scheduled programmes to conduct services and prayers within the school premises for spiritual enrichment of the trainees and services and prayers shall be co-ordinated such that only one service or session of prayer is held on a prayer’s day.

(4) Religious organisations allowed to operate in the school may conduct moral education and rehabilitation programmes for the benefit of the trainees.

19. Formal education

Where a trainee was undergoing formal education before being committed to the school or where a trainee shows interest in undergoing formal education, the school shall make appropriate arrangement for the trainee to continue with formal education.

20. Integration programmes

A school shall provide reintegration programmes for trainees, and these may include—

(a) allowing trainees to go on compassionate visits to their homes to attend bereavements;

(b) arranged home visits for trainees to strengthen the bond between them and their families;

(d) participation in any other event in the district which the school may find appropriate and helpful to the reintegration of the trainees in the community.

21. Home visits for trainees

(1) A social worker at the school shall, in consultation with a local authority social worker, make arrangement to ensure that a trainee visiting home under regulation 20(a) or (b) arrives home safely and, where necessary, may organise the accompanying of the trainee.

(2) While on home visits, the local authority social worker shall be responsible for the supervision and monitoring of the trainee.

(3) A trainee who displays a positive response to rehabilitation shall be allowed to go out of school, on weekends.

22. Employment for trainees

A social worker and the social work unit at the school shall assist trainees to find meaningful employment at the completion of their committal.

23. Post release programme

A school shall organise a post-release programme for each trainee for a period of one year after the release of the trainee.

PART V
Maintenance of Health Standards (regs 24-31)

24. Cleanliness

(1) The board of management of a school shall ensure at all times that a high standard of cleanliness and maintenance is established and kept in the school.

(2) The board of management shall ensure that each trainee is involved in the cleaning of premises, hostels and other buildings of the school.

25. First aid and sick bay

(1) A school shall maintain a first aid box or cupboard containing an adequate supply of dressings, bandages, sterilised cotton wool, adhesive plasters, disinfectants, safety pins and tourniquets to provide first aid treatment to trainees when required.

(2) A school shall maintain a room equipped with beds, mattresses and clean linen in which a sick trainee or trainees may rest and be isolated from other trainees.

26. Medical care

(1) Medical care and treatment provided to a trainee in a school shall be at the expense of the Government.

(2) Trainees shall participate in and benefit from all Government programmes for the protection of children against diseases including measles, tuberculosis, diphtheria, pertussis, neonatal tetanus, poliomyelitis B and other diseases that the Ministry of Health and Wellness, may from time to time, determine.

(3) The Minister shall ensure that facilities are available to schools for continuous medical check-up and the necessary medical support, including immunisation and treatment for appropriate trainees and members of staff.

(4) A trainee sustaining injury in the school workshop shall be covered by Government insurance applicable for that purpose.

27. Treatment of trainees and staff

(1) A school shall have a health facility and a nurse who shall examine and give treatment to trainees and members of staff of the school.

(2) The school nurse shall refer any serious cases to a medical practitioner for professional examination and treatment.

(3) The board of management shall ensure that the school nurse has appropriate facilities for the safe keeping of drugs, surgical instruments and chemicals, and the nurse shall ensure that no unauthorised person may have access to them.

28. Private sector medical care

For the purposes of section 15 of the Act, the Minister may require any civil society or private sector institution to provide medical care to a trainee where public or Government owned institutions cannot provide the required medical facilities.

29. Use of drugs and alcohol

No person shall take drugs, alcohol or smoke in the precincts of a school and the board of management of the school shall display a “No Smoking” notice, prominently on a white background, at the entrance to the school.

30. Prevention of spread of disease

(1) A medical officer shall notify the head of the school about any trainee suffering from an infectious, contagious or communicable disease and order the isolation of the trainee.

(2) The board of management shall, at all times, ensure that any person suffering from an infectious, contagious or communicable disease within the school is immediately isolated from contact with other trainees and members of staff.

31. Death of trainee

(1) In case of the death of a trainee, a medical officer shall hold a post-mortem examination of the body and forward a report to the head of the school who shall inform—

(a) the District Commissioner;

(b) the Director of Social Services; and

(2) The head of the school in collaboration with the local authority shall make arrangements for the release and delivery of the body to the host family.

PART VI
Inspection and Visitations (regs 32-35)

32. Inspection of school

(1) A medical officer, public health inspector, factory inspector, fire officer and a physical planner shall visit and inspect every school of industries premises at least twice in a year.

(2) A medical officer, public health inspector, factory inspector, fire officer and a physical planner shall make a report to the board of management on the condition and general assessment of the safety of the school and shall point out in the report any dangerous or injurious situation to the health of the trainees for a remedial action to be taken.

(3) The Permanent Secretary may visit or cause any other officer to visit and inspect any school where he or she deems it necessary to do so.

33. Visits by relatives or friends

(1) No person shall see or visit a trainee without the permission of the relevant authority of the school.

(2) The school shall not allow any direct contact of the visitor and the trainee for purposes of—

(a) maintenance of security and discipline in the school; and

(b) securing ongoing investigations.

(3) All visits shall be on weekends and not more than two visitors shall be allowed to see a trainee at one time.

(4) A trainee may be allowed to make a telephone call under strict supervision and monitoring by the school authority.

(5) All visitors shall be subject to searching, taking into account their human rights, and any visitor who refuses to be searched shall not be allowed to see the trainee and shall be ordered to leave the school promptly.

34. Visiting committee

(1) The Minister shall appoint a visiting committee for each school and the appointed members shall be—

(a) in office for one year; and

(b) eligible for re-appointment.

(2) A visiting committee shall comprise of—

(a) a magistrate;

(b) the District Commissioner;

(d) a social worker from a non-governmental organisation;

(e) a medical practitioner;

(f) the Council Secretary;

(g) a representative of Botswana Training Authority;

(h) a representative of Ministry of Local Government and Rural Development;

(i) a field social worker; and

(j) a town clerk.

35. Functions of visiting committee

(1) The functions of the visiting committee shall be to monitor and make a report on—

(a) the general control and management of the school;

(b) the maintenance of discipline and order in the school;

(d) any contravention of the provisions of the Act or these Regulations;

(e) the security of the school;

(f) the physical, psychological and emotional well-being of the trainees;

(g) the social, cultural and educational development of trainees;

(h) the adequacy of the programmes at the school;

(i) the nature, quality and extent of staff development programme available at the school; and

(j) the relationship between the school and the neighbouring community.

(2) The visiting committee shall make any recommendation that it may consider necessary for the improvement of any programme or matter and shall acknowledge and commend any programme or matter that deserves the same.

(3) A report made by the visiting committee shall be submitted to the Minister with copies to the school, the District Council and the Town or City Council.

PART VII
Conduct of Officers and Members of Staff (regs 36-38)

36. Training by example

(1) Officers and members of staff shall seek to influence the trainees through self respect, living by example, exemplary leadership and co-operation.

(2) Officers and members of staff shall—

(a) encourage trainees to attain self respect and personal responsibility; and

(b) avoid any behaviour which is likely—

(i) to intimidate, humiliate, demean, threaten or oppress a trainee, or

(ii) to constitute abuse of office or authority.

37. Use of force

(1) No officer or member of staff shall unnecessarily use force against a trainee and where force is necessary, excessive force shall be avoided.

(2) Force may be used on a trainee to—

(a) prevent the trainee from injuring himself or herself or another person;

(b) prevent the trainee from inflicting serious damage to property;

(d) seize a dangerous or harmful article or substance in the possession of the trainee;

(e) prevent or quell a riot or other disturbance;

(f) move a trainee who refuses to move, from one location to another in accordance with lawful orders;

(g) prevent a trainee from escaping; or

(h) carry out any other lawful act that may be necessary in the circumstances.

38. Report on use of force

The officer or member of staff involved in the use of force against a trainee shall, as soon as practicable after force is used against a trainee, make a report, in writing, to the head of the school specifying—

(a) the name of the trainee subjected to force;

(b) the name of each officer or member of staff involved in the use of force;

(d) the nature of force used; and

(e) any other relevant information.

PART VIII
Trainees’ Discipline and Disciplinary Procedure (regs 39-41)

39. School rules

(1) Each school shall make its school rules to which all trainees shall abide.

(2) School rules shall, among others, include the following—

(a) a trainee shall not do anything which may adversely affect the good order and discipline in the school;

(b) telephone calls shall be controlled;

(c) a trainee shall not, in any way, assault, harass or provoke any other trainee, member of staff or any other person in the school;

(d) a trainee shall not cause damage to property, whether or not belonging to the Government, the school, a fellow trainee, member of staff or to any other person;

(e) abusive, indecent or threatening language shall not be used at school;

(f) fighting shall not be entertained;

(g) fire-fighting equipment, first aid supplies or alarms should not be used unnecessarily;

(h) training equipment and other property in school workshops should only be used for training and not for personal gain;

(i) a trainee shall not be in possession of narcotic drugs or other dangerous and injurious substances to health;

(j) consumption or being in possession of alcohol by trainees shall be prohibited;

(k) smoking of tobacco or other prohibited substances or having them in one’s possession shall be prohibited;

(l) a trainee shall not attempt to escape from the school;

(m) a trainee shall not engage in any form of sexual relationship or activity with another trainee, officer, member of staff or any other person within or outside the school; and

(n) any other matter or issue which the board of management may decide to regulate.

40. Disciplinary procedure

(1) A trainee who contravenes a school rule shall be subject to disciplinary procedure and the school shall impose on a trainee found at fault, any of the following measures or punishment—

(a) isolation for not more than 24 hours;

(b) corporal punishment, in accordance with section 305 of the Criminal Procedure and Evidence Act (Cap. 08:02) or the Education Act (Cap. 58:01);

(d) withdrawal of privileges including sporting, home visits, sightseeing or any other privilege;

(e) any other punishment included in the school rules as the board of management may deem necessary.

(2) A person conducting a disciplinary hearing shall, before determining the measure or the punishment to be given to a trainee, take into consideration—

(a) the age of the trainee;

(b) the person making the allegation;

(d) reasons and recommendations, if any, given at the conclusion of the hearing of evidence.

41. Escape by trainee

(1) On receiving a report of the escape of a trainee, the head of the school in conjunction with the duty officer shall notify—

(a) the police;

(b) the parents or guardian of the trainee;

(d) if the trainee is not found within one week, the District Commissioner and the Director of Social Services.

(2) The period which the trainee is at large shall not be included in the period of committal discharged.

PART IX
Financial Provisions (regs 42-45)

42. Funds

(1) A school shall raise its funds from—

(a) money allocated to it from funds appropriated by the National Assembly for the purposes of schools of industries;

(b) donations from well-wishers;

(d) loans authorised by the Minister.

(2) The funds of a school shall be devoted to—

(a) the carrying out of the objects of the Act, these Regulations and the school;

(b) the administration and operations of the school; and

43. Capital expenditure

A school may utilise its funds for capital expenditure, including the acquisition of land, buildings, vehicles, plant or machinery as may be determined by its board of management with the approval of the Minister.

44. Accounting records

(1) A school shall maintain accounting records, which records shall show and explain the school’s transactions and—

(a) disclose with reasonable accuracy, at any given time, its financial position; and

(b) the profit and loss accounts and the balance sheet as required by the Auditor General.

(2) The records shall contain—

(a) entries from the day-to-day income and expenditure of the school and matters in respect of which they are made; and

(b) a record of assets and liabilities of the school.

45. Accounts to be audited

(1) The accounts of every school shall be audited at least once every year by an auditor or auditors authorised by the Director of Social Services in consultation with the Auditor General.

(2) The report and the audited accounts of a school shall be presented to the Director of Social Services and the Minister.

(3) The details on the audit report and other matters relating to auditing of accounts of a school shall be laid before the National Assembly by the Minister.

PART X
General Provisions (regs 46-52)

46. Extension of committal

The school may, where the child was committed for less than three years, request court for an extension of the period to enable the child to complete the training programme.

47. Discharge of trainee

(1) A trainee shall be discharged from school—

(a) on completion of the period of committal;

(b) for good behaviour, upon completion of the training programme;

(d) to pursue a course of study outside the school;

(e) on the existence of chronic illness or other health reasons; or

(f) for any other special circumstance.

(2) A trainee who is discharged from a school on completion of the committal period and training programme shall be issued with a certificate in relation to the training programme and a testimonial for completion of the committal period.

48. Public information and media

(1) A school shall, at the beginning of each calendar year, produce a brochure in relation to the operations of the school, programmes offered and trainees who have taken and passed examinations in those programmes in the previous year.

(2) Any media house which may wish to have any specific information from the school or any trainee, officer or member of staff of the school shall first obtain permission from the head of the school before interviewing any person at the school.

49. Accommodation

(1) Trainees shall be accommodated in communal hostels of the school under the supervision of a member of staff.

(2) Where a school admits both male and female trainees, separate hostels shall be provided for each gender.

50. Uniform, clothing and bedding

(1) Every trainee shall be provided with an appropriate uniform once every year and the trainee shall ensure that it is kept clean and smart at all times.

(2) Protective clothing for workshop training shall be provided once on admission and any additional protective clothing may be provided when the need requires.

(3) Every trainee shall be provided with adequate bedding.

51. School diet

(1) Every trainee shall be entitled to a balanced diet and a copy of the menu of the school shall be displayed in a conspicuous place in the dining hall.

(2) No trainee shall be provided with a special diet except on the recommendation of a medical officer or for religious reasons.

(3) A medical officer shall inspect the kitchen at given intervals to ensure hygienic crockery and other facilities.

52. Sale of products

A school may sell any of the products made in the process of training.