Section 2Part 1 — Introductory
Interpretation
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2. (1) In this Law — “abuse” or “neglect”, in relation to a child, means —
sexual abuse of the child; or Section 2 Children Law Page 10 Revised as at 31st day of July, 2012 c
physical or emotional abuse of the child, or neglect of the child, to the extent that —
the child has suffered, or is likely to suffer, physical or psychological injury detrimental to the child’s wellbeing; or “care order” has the meaning given by section 33(8) and also includes any order which by or under any enactment has the effect of, or is deemed to be, a care order for the purpose of this Law; and any reference to a child who is in the care of the Department is a reference to a child who is in their care by virtue of a care order; “child” means, subject to paragraph 16(1) of Schedule 1, a person under the age of 18; “child assessment order” means an order made under section 45; “child minder” has the meaning given by section 72; “child of the family” in relation to parties to a marriage means —
the child’s physical or psychological development is in jeopardy;
a child of both parties to a marriage; or
any other child, not being a child who is placed with those parties as foster parents by the Department, who has been treated by both of those parties as a child of the family; “children’s home” has the meaning given by section 64; “community home” has the meaning given by section 55 (3); “constable” means any member of the Royal Cayman Islands Police Service and includes a recruit constable; “contact order” has the meaning given by section 10(1); “court” means the Grand Court or a summary court constituted under the Summary Jurisdiction Law (2006 Revision); “day care” has the meaning given by section 20; “Department” means the Department having responsibility for the welfare of children; “departmental foster parent” has the meaning given by section 25; “disabled”, in relation to a child, has the meaning given by section 19; “domestic premises” means any premises which are wholly or mainly used as a private dwelling; “education supervision order” has the meaning given by section 38; “emergency protection order” means an order made under section 46; “family assistance order” has the meaning given by section 18; “family proceedings” has the meaning given in section 10(3); Children Law (2012 Revision) Section 2 c Revised as at 31st day of July, 2012 Page 11 “functions” includes powers and duties; “Governor” means the person for the time being holding the office of Governor of the Islands, and includes any person for the time being lawfully performing the functions of that office under section 31 of the Cayman Islands Constitution Order 2009 [UKSI 1379 of 2009], and to the extent to which a Deputy appointed under section 34 of the Cayman Islands Constitution Order 2009 is authorised to act, that Deputy; “Governor in Cabinet” means the Governor acting in accordance with the advice of the Cabinet; “guardian of a child” means a guardian (other than a guardian of the estate of a child) appointed in accordance with section 8; “harm” has the meaning given in section 33 (6), and the question of whether harm is significant shall be determined in accordance with section 33 (7); “hospital” includes the George Town Hospital in Grand Cayman, the Faith Hospital in Cayman Brac and any public hospital or health care centre established or operated in the Islands by the Health Service Authority and any private hospital or medical practice approved under the Health Practice Law (2005 Revision); “ill-treatment” has the meaning given by section 33 (6); “learning difficulty” in relation to a child means —
he has significantly greater difficulty in learning than the majority of children his age;
he has a disability which either prevents or hinders him from making use of educational facilities of a kind generally provided for children of his age in schools in the Islands; or
he is under the age of 5 and is, or would be if special educational provision were not made for him, likely to fall within paragraph (a) or (b) when over that age, but a child shall not be taken as having a learning difficulty solely because the language (or form of the language) in which he is, or will be, taught is different from a language (or form of language) which has at any time been spoken in his home; “nanny” has the meaning given by section 72; “parent” includes a step-parent; “parental responsibility agreement” has the meaning given by section 6; “prescribed” means prescribed by regulations made under this Law; “private school” means any school other than a government school; “prohibited steps order” has the meaning given by section 10(1); Section 2 Children Law Page 12 Revised as at 31st day of July, 2012 c “public general holiday” means a public general holiday specified under the Public Holidays Law (2007 Revision); “pupil” means a person receiving or obliged to receive instruction at a school or registered or obliged to be registered with the Education Department under the Education Law (2010 Revision); “registered children’s home” has the meaning given by section 64; “registered health practitioner” means a person duly registered as a health practitioner under the Health Practice Law (2005 Revision); “rehabilitation order” has the meaning given by the Youth Justice Law (2005 Revision); “relative”, in relation to a child, means a grandparent, brother, sister, uncle or aunt (whether of the full blood or half blood or by affinity) or step-parent; “residence order” has the meaning given by section 10(1); “responsible person”, in relation to a child who is the subject of a supervision order, has the meaning given in paragraph 1 of Schedule 3; “school” includes —
primary schools;
middle schools;
secondary schools;
high schools;
vocational or technical schools, or vocational or technical departments in schools;
special schools for the education or training of pupils who are disabled;
universities, colleges and institutes of higher education or learning;
any other schools or departments of such schools which provide educational facilities; and
such further or other schools as the Governor in Cabinet may prescribe. “service” in relation to any provision made under Part III, includes any facility; “sexual abuse” includes —
the employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or assist any other person to engage in, any sexually explicit conduct or simulation of such conduct for the purpose of producing a visual depiction of such conduct;
the rape, statutory rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children; or Children Law (2012 Revision) Section 3 c Revised as at 31st day of July, 2012 Page 13
involving children in looking at pornographic material or watching sexual activities or encouraging children to behave in sexually inappropriate ways; “signed” in relation to any person includes the making by a person of his mark; “special educational needs” means a learning difficulty which calls for special educational provision to be made for him; “specific issue order” has the meaning given by section 10(1); “supervised child” and “supervisor”, in relation to a supervision order or an education supervision order, mean respectively the child who is (or is to be) under supervision and the person under whose supervision he is (or is to be) by virtue of the order; “supervision order” has the meaning given by section 33 (8); “upbringing”, in relation to any child, includes the care of the child but not his maintenance; “voluntary home” has the meaning given by section 61; and “voluntary organisation” means a body (other than a public board or statutory authority) whose activities are not carried on for profit.
References in this Law to —
a person with whom a child lives, or is to live, as the result of a residence order; or
a person in whose favour a residence order is in force, shall be construed as references to the person named in the order as the person with whom the child is to live.
Any reference in this Law to a child who is looked after by the Department is a reference to a child who is in the Department’s care.
References in this Law to children who are in need shall be construed in accordance with section 19.