Children and Young Persons (Care and Adoption) Act, Chapter 37:03 of Dominica

The Children and Young Persons (Care and Adoption) Act, Chapter 37:03 is one of Dominica’s most significant family law reforms, enacted in 2023 and formally brought into effect through the Children (Care and Adoption) (Commencement) Order, 2023 (S.R.O. No. 12 of 2023). It consolidates and modernises provisions relating to child welfare, protection, and adoption, creating a single statutory framework to replace outdated laws that no longer reflected international human-rights standards. The Act is considered a cornerstone of Dominica’s new legal framework for safeguarding children, alongside the Status of Children Act and the Maintenance of Children Act, which were also passed in 2023.

Historical Background and Need for Reform

Dominica’s child welfare laws previously consisted of older statutes such as the Children and Young Persons Act (1970) and the Children and Young Persons Welfare Act (1972). While these provided a basis for court interventions in cases of neglect or juvenile delinquency, they contained outdated language and limited protections. Children born outside of marriage or placed in institutional care were often subject to unequal treatment under the law.

International pressure to reform became stronger after Dominica ratified the United Nations Convention on the Rights of the Child (CRC) in 1991. Successive reports from UNICEF and the Organisation of Eastern Caribbean States (OECS) highlighted shortcomings in areas such as adoption oversight, foster-care monitoring, and case data management. The devastation caused by Hurricane Maria in 2017 further exposed how fragile family and child-protection systems were, with many children left orphaned or displaced without clear legal frameworks for their care.

In response, the Dominican Parliament passed a suite of new family-related laws in 2023, including the Children and Young Persons (Care and Adoption) Act, Chapter 37:03, which replaced piecemeal statutes with a comprehensive system for child protection and adoption.

Objectives and Scope of the Act

The Act’s main objectives are:

• To protect the welfare of children who are neglected, abandoned, abused, or otherwise in need of state intervention.
• To regulate adoption processes, ensuring domestic and intercountry adoptions follow clear legal standards.
• To embed the principle of the “best interests of the child” into all judicial and administrative decisions concerning children.
• To create a modern, centralised framework for the oversight of children in foster care, residential care, and adoptive placements.

It applies to children and young persons under the age of 18 and empowers courts, the Social Welfare Division, and authorised agencies to intervene when necessary.

Key Provisions of Chapter 37:03

• Children in Need of Care and Protection: The Act defines circumstances under which a child may be considered in need of care, including abuse, neglect, abandonment, or living in unsafe environments. Courts may issue protection or care orders based on reports from the Social Welfare Division.
• Care Orders and Placements: Courts are authorised to place children in foster homes, residential institutions, or under guardianship. Orders are subject to regular review, and children’s progress must be reported to ensure welfare.
• Adoption Procedures: The Act standardises both domestic and intercountry adoption processes. Prospective adoptive parents must undergo home studies, background checks, and assessments by social workers. Adoption orders require court approval and, once granted, confer full parental rights to adoptive parents.
• Consent and Safeguards: Biological parents’ consent is generally required for adoption unless they are deemed unfit or absent. Provisions are included to prevent trafficking and exploitation through adoption.
• Best Interests of the Child: The Act codifies the principle that every decision made by courts or agencies must prioritise what is in the child’s best interests, aligning Dominica with international child-rights standards.
• Oversight and Regulation: The Act requires the licensing and supervision of childcare institutions, fosters transparency in record-keeping, and allows for revocation of orders if placements are no longer in the child’s interest.

Institutional Responsibilities

Implementation of the Act falls primarily under the Social Welfare Division, which handles reports, investigations, and supervision of foster care and adoption cases. Courts are empowered to issue and review orders, while social workers play a critical role in preparing reports and monitoring placements.

The Bureau of Gender Affairs and NGOs also support the framework, offering advocacy, counselling, and public education. The Social Welfare Division has publicly stated that the passage of the 2023 family law package, including Chapter 37:03, “enhanced the work of the department” by giving it stronger legal authority to intervene in vulnerable children’s lives.

Implementation Challenges

Despite its progressiveness, several challenges have been identified:

• Limited Resources: Dominica has a small pool of social workers and limited foster homes, which constrains the ability to provide quality care for all children requiring placement.
• Data Deficiencies: UNICEF reports in 2017 and 2020 highlighted weak systems for tracking the number of children in care, adoption outcomes, and long-term impacts.
• Corporal Punishment: While the Act protects children in care, older statutes still permit corporal punishment in homes and schools, creating legal contradictions.
• Public Awareness: Many families remain unaware of the rights and protections established under the Act, particularly in rural areas. Ongoing awareness campaigns are needed.
• Intercountry Adoption Oversight: Although provisions exist, monitoring and follow-up of children adopted abroad remain complex, requiring regional and international cooperation.

Broader Significance

The Act marks a turning point in Dominica’s approach to children’s rights. It brings national law into closer alignment with the Convention on the Rights of the Child and regional reforms in other OECS states. It also positions Dominica to respond more effectively to challenges posed by natural disasters, migration, and social change, by ensuring vulnerable children have clear legal protections.

The law is also symbolic: by consolidating fragmented welfare statutes into a single, modern framework, it demonstrates the government’s recognition that children must be treated as equal rights-holders, not just dependents of parents or guardians.

Future Outlook

Moving forward, the effectiveness of Chapter 37:03 will depend on:

• Investment in social services staff and foster-care infrastructure.
• Establishment of a national child-protection database to track cases and outcomes.
• Complementary reforms, including the prohibition of corporal punishment in all settings.
• Greater public engagement to ensure parents, guardians, and communities understand their responsibilities under the law.
• Strengthening of regional collaboration to manage intercountry adoption and safeguard children placed abroad.

With these steps, the Children and Young Persons (Care and Adoption) Act could become a model for small island developing states seeking to modernise their child protection systems.