PART XI CHILDREN IN NEED OF CARE AND PROTECTION
Definition of “in need of care or protection”

63.-(1) For the purposes of this Part a child in need of care or protection means a person under the age of sixteen years who is-

(a) a child who having no parent or guardian or a parent or guardian unfit to exercise care and guardianship, or not exercising proper care or guardianship, is either falling into bad associations, or exposed to moral danger or beyond control or is ill-treated or neglected in a manner likely to cause him unnecessary suffering or injury to health; or

(b) a child who-

(i) being a person in respect of whom any of the offences mentioned in the Schedule to this Law has been committed; or

(ii) being a member of the same household as a child in respect of whom such an offence has been committed; or

(iii) being a member of the same household as a person who has been convicted of such an offence in respect of a child; or

(iv) being a female member of a household whereof a member has been convicted of incest against another female member of that household,

requires care or protection.

(2) For the purposes of this section the fact that a child under the age of sixteen years is found destitute, or is found wandering without any settled place of abode and without visible means of subsistence, or is found begging or receiving alms (whether or not there is any pretence of singing, playing, performing or offering anything for sale), or is found loitering for the purpose of so begging or receiving alms, shall without prejudice to the generality of the provisions of paragraph (a) of subsection (1) be evidence that he is exposed to moral danger.

(3) It shall be the duty of the Director if he is satisfied that a person legally liable for the care and maintenance of any child or children under the age of sixteen years intends to leave Cyprus without taking such child or children with him to object to the Administrative Secretary against the grant of passport facilities until the person concerned has satisfied the Director that the child or children are not likely before they reach the age of sixteen years to become a charge on public funds or to be exposed to moral danger or neglect by reason of lack of care and maintenance.

(4) The Administrative Secretary on receipt of such objection shall, if he thinks the objection reasonable, refuse passport facilities and notify the applicant of the Director’s objections.

(5) At any time when the reasons for an objection no longer apply the Director shall advise the Administrative Secretary accordingly and will also be responsible for providing written information to the applicant that the objection is withdrawn.

Powers of Juvenile Courts in respect of children in need of care or protection

64.-(1) If a Juvenile Court is satisfied that any person brought before the Court under this section by the Director or any police officer is a child in need of care or protection the Court may either-

(a) order him to be sent to a reform school; or

(b) commit him to the care of a fit person, whether a relative or not who is willing to undertake the care of him; or

(c) order his parent or guardian to enter into a recognizance to exercise proper care and guardianship; or

(d) without making any other order, or in addition to making an order under either of the last two foregoing paragraphs, make an order placing him for a specified period, not exceeding three years, under the supervision of a welfare officer or probation officer.

(2) The Director or any welfare officer or any police officer having reasonable grounds for believing that a child is in need of care or protection may bring him before a Juvenile Court; and it shall be the duty of the Director to bring before a Juvenile Court any child who appears to him to be in need of care or protection unless he is satisfied that the taking of proceedings is undesirable in his interests, or that proceedings are about to be taken by some other person.

(3) An order made under paragraph (d) of subsection (1) of this section placing a child under the supervision of a welfare officer or a probation officer may require the child to comply during the whole or any part of the period specified in the order with such requirements as the Juvenile Court, having regard to the circumstances of the case, considers necessary for the care or protection of the child and, without prejudice to the generality of this subsection, such order may include requirements relating to the residence of the child.

Powers of other Courts with respect to section 64

65.-(1) Any Court by or before which a person is convicted of having committed in respect of a child under the age of sixteen any of the offences mentioned in the Schedule or any offence under this Law may direct that the child be brought before a Juvenile Court with a view to that Court making such order under section 64 may be proper.

(2) Where any Court has, under this section, directed that a child under the age of sixteen be brought before a Juvenile Court it shall be the duty of the Director to bring him before such a Court under subsection (1) of section 64.

Power of parent or guardian to bring a child or young person before a Juvenile Court

66. Where the parent or guardian of a child under the age of sixteen proves to a Juvenile Court that he is unable to control the child, the Court if satisfied-

(a) that it is expedient so to deal with the child; and

(b) that the parent or guardian understands the results which will follow from, and consents to the making of the order,

may order the child to be sent to a reform school or may order him for a specified period, not exceeding three years, to be placed under the supervision of a welfare officer or probation officer or as an alternative, or in addition to any such order as above, may commit him to the care of a fit person, whether a relative or not, who is willing to undertake the care of him:

Provided that such child shall not be sent to a reform school without the agreement of the person responsible for the administration of the reform school.

Supervision by welfare officers or probation officers

67.-(1) Where a Court makes an order under any of the foregoing provisions of this Part placing a child under the age of sixteen under the supervision of a welfare officer or probation officer that officer shall while the order remains in force, visit, advise and befriend him and when necessary endeavour to find him suitable employment and may if it appears necessary in his interests to do so, at any time while the order remains in force, and he is under the age of sixteen years, bring him before a Juvenile Court and that Court may, if it thinks that it is desirable in his interests so to do, order him to be sent to a reform school or commit him to the care of a fit person, whether a relative or not, who is willing to undertake the care of him.

(2) For the purposes of this section a supervision order made under this Part shall be deemed to place the child under the supervision of any welfare or probation officer of the Social Welfare Department.

Removal or remand of a child under the age of sixteen to a place of safety

68.-(1) A welfare officer or police officer or any person specially authorized by a Court may take to a place of safety any child under the age of sixteen in respect of whom any of the offences mentioned in the Schedule has been or is believed to have been committed or who is about to be brought before a Juvenile Court in accordance with any of sections 64 to 67, and a child or young person so taken to a place of safety, may be detained there until he can be brought before a Juvenile Court.

(2) If a Juvenile Court before which any child under the age of sixteen is brought is not in a position to decide whether any and if so what order ought to be made under sections 63 to 67, it may make such interim order as it thinks fit for his detention or continued detention in a place of safety or for his committal to the care of a fit person whether a relative or not who is willing to undertake the care of him.

(3) An interim order under subsection (2) shall not remain in force for more than twenty-eight days; but if at the expiration of that period the Court deems it expedient to do so it may make a further interim order.

(4) A Juvenile Court which considers it expedient to make an interim order under this section may direct that during the period of the order the child shall be kept under observation or medically examined or that suitable social and personal investigations shall be made so as to furnish the Court at the next hearing with any reports considered necessary for the Court to deal with the case.

Provisions as to making, duration and effect of orders of committal to fit persons

69.-(1) Before making an order under this Law committing a child under the age of sixteen years to the care of a fit person, the Court shall endeavour to ascertain the religious persuasion of the child, and in selecting the person to whose care the child is to be committed, the Court shall if possible select a person who is of the same religious persuasion as the child or who undertakes to bring up the child in accordance with that religious persuasion.

(2) Every order committing a child under the age of sixteen years to the care of a fit person shall contain a declaration-

(a) as to the age; and

(b) as to the religious persuasion,

of the child with respect to whom it is made.

(3) Every order committing a child under the age of sixteen to the care of a fit person shall, subject to the provisions of this Law, remain in force until he attains the age of eighteen years.

(4) The Court making an order for committal to a fit person shall have the power at any time to amend or revoke the order if it appears in the interests of the welfare of the child expedient so to do.

(5) The person to whose care a child under the age of sixteen is committed by any such order as aforesaid shall, while the order is in force, have the same rights and powers and be subject to the same liabilities in respect of his maintenance as if he were his parent and the person so committed shall continue in his care notwithstanding any claim by a parent or by any other person.

(6) A child under the age of sixteen who runs away from a person to whose care he has been committed under the provisions of this Law may be apprehended without warrant and brought back to that person if he is willing to receive him and if he is not willing to receive him he may be brought-

(a) if the order committing him to the care of that person was made by a District Court or Juvenile Court before the Juvenile Court in whose area he is apprehended; or

(b) in any other case before a Juvenile Court for the area in which he was residing before he ran away and that Court may make any order respecting him which the Court might have made if he had been brought before it as being a child who was beyond control.

Committal to the Director as a “fit person”

70.-(1) The Director shall for the purposes of the provisions of this Law relating to the making of orders committing a child under the age of sixteen years to the care of a fit person be deemed to be a fit person subject to the consent of the Director to the making of such an order.

(2) Where a Court contemplates the committal of a child under the age of sixteen years to the care of the Director as a fit person the Court shall give due regard to any application by the Director for a period of remand to enable any necessary enquiries to be made or to ensure the provision of suitable accommodation for the child.

(3) A child under the age of sixteen who runs away from any person with whom he has been boarded out by the Director or his duly authorized representative may be apprehended without warrant and brought back to that person or to any person that the Director or his duly authorized representative may direct.

(4) Any person who knowingly-

(a) assists or induces (or persistently attempts to induce) a child to run away from a person to whose care he has been committed by a Court or with whom he has been boarded out by the Director or his duly authorized representative;

(b) harbours or conceals a child who has so run away or prevents him from returning,

shall be guilty of an offence and shall be liable to a fine not exceeding .150 or to imprisonment not exceeding two months or to both such fine and imprisonment.

Power of Juvenile Court to require attendance of parent or guardian

71. Where a child is brought before a Juvenile Court under the provisions of this Law the Court may, in its discretion, require the attendance of his parent or guardian and may make such orders as are necessary for the purpose.

Power of Juvenile Court to order maintenance of child

72.-(1) Where a child is brought before a Juvenile Court under the provisions of this Law the Court, in addition to, or in lieu of any other order which it is empowered to make, may, if it appears to the Court that the parent, guardian or other person liable to maintain the child possesses the means to contribute in whole or in part to his maintenance, make an order on such parent, guardian or other person (hereinafter in this section referred to as “the maintenance order”) to contribute to the maintenance of such child, for such period as may be specified in the maintenance order, such sum as may appear to the Court that such parent, guardian or other person is reasonably able to contribute.

(2) A maintenance order may be made on the complaint or application of the Director or any welfare officer or any police officer and the sum contributed by the parent, guardian or such other person shall be paid to the Director or any welfare officer or any police officer making the complaint or application and shall be applied for the maintenance of the child.

(3) A maintenance order may, at any time, be altered, varied, suspended or discharged by the Court and the Court may, upon application of the Director or any welfare officer or any police officer, from time to time, increase or diminish the amount of any payment ordered to be made.

(4) Where any person who without proper cause fails to comply with a maintenance order, the Court may order that the arrears due under the maintenance order be levied and recovered as a penalty in all respects in accordance with and subject to the provisions of the Criminal Procedure Law or of any Law amending or substituted for the same including the power to commit to prison in lieu of issuing a warrant for execution, provided that no order shall be made for the recovery of arrears falling due more than six months prior to the making of the order.

(5) No warrant of execution or of commitment under subsection (4) of this section shall affect the force and effect of a maintenance order unless the Court shall otherwise direct.

(6) When any parent, guardian or other person has, under this section, been ordered to contribute to the maintenance of a child, he shall give notice of any change of address to the Registrar of the Court which made the order and, if he fails to do so without reasonable excuse, he shall be liable to a fine not exceeding .25.

Ειδική Διάταξη

73. Ανεξάρτητα από οποιεσδήποτε διατάξεις του βασικού νόμου ή των κανονισμών που εκδίδονται με βάση αυτόν, σε κάθε σταθμό κατόπιν υπόδειξης των αρμόδιων τμημάτων του Υπουργείου Εργασίας και Κοινωνικών Ασφαλίσεων λαμβάνονται όλα τα πρόσφορα μέτρα για να είναι εφοδιασμένος με τον κατάλληλο εξοπλισμό, έτσι που να παρέχονται σταθερές θερμοκρασίες ανάλογα με τις επικρατούσες κλιματολογικές συνθήκες στους κλειστούς χώρους που χρησιμοποιούνται από παιδιά.