This is the version of this Statute as it was from 8 June 2006 to 1 June 2016. Read the latest available version.
Related documents
- Is amended by Local Council Courts Act, 2006
- Is amended by Children (Amendment) Act, 2016
Uganda
Children Act
Chapter 59
- Commenced on 1 August 1997
- [This is the version of this document as it was from 8 June 2006 to 1 June 2016.]
- [Note: The version of the Act as at 31 December 2000 was revised and consolidated by the Law Reform Commission of Uganda. All subsequent amendments have been researched and applied by Laws.Africa for ULII.]
- [Amended by Local Council Courts Act, 2006 (Act 13 of 2006) on 8 June 2006]
Part I – Interpretation
1. Interpretation
In this Act, unless the context otherwise requires—“approved home” means a Government or nongovernmental home approved by the Minister to provide substitute family care for a child and includes a babies’ home and children’s home which provide care and accommodation for children aged below six years and aged between three to under eighteen years respectively;“authorised person” means an official or other person authorised expressly or impliedly to perform the act in question;“care order” means a care order made under Part V of this Act and includes an interim care order;“chief magistrate’s court” means a magistrate’s court presided over by a chief magistrate;“competent authority” means an official or body or other person authorised expressly or impliedly by any enactment or otherwise to perform the act in question;“custodian” means a person in whose care a child is physically placed;“detention centre” means a detention centre within the meaning of section 96;“exclusion order” means an exclusion order made under section 34;“foster care placement” means the placement of a child with a person who is not his or her parent or relative and who is willing to undertake the care and maintenance of the child;“foster parent” means a person not being the biological mother, father or relative of the child who assumes parental responsibility of the child by way of a care order;“guardian” means a person having parental responsibility for a child;“local authority” means a local government council;“Minister” means the Minister responsible for children’s welfare;“parent” means the biological mother or father or adoptive mother or father of a child;“parental responsibility” means all rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child;“person in a position of authority” has the meaning assigned to it by section 71;“place of safety” means a place where food, protection and accommodation is provided by a fit person to a child to whom section 37 applies;“remand home” means a place declared by the Minister to be a remand home under section 91 or any other place declared to be a remand home under any other enactment;“Rules Committee” means the Rules Committee provided for by section 40 of the Judicature Act;“significant harm” means significant harm within the meaning of section 21;“supervision order” means a supervision order made under Part V of this Act and includes an interim supervision order;“supervisor” means the person under whose supervision a child has been placed under a supervision order or an interim supervision order;“welfare report” means a welfare report within the meaning of section 20.Part II – Rights of the child
2. Definition of child
A child is a person below the age of eighteen years.3. Guiding principles
The welfare principles and the children’s rights set out in the First Schedule to this Act shall be the guiding principles in making any decision based on this Act.4. Child’s right to stay with parents
5. Duty to maintain a child
6. Parental responsibility
7. Harmful customary practices
It shall be unlawful to subject a child to social or customary practices that are harmful to the child’s health.8. Harmful employment
No child shall be employed or engaged in any activity that may be harmful to his or her health, education or mental, physical or moral development.9. Children with disabilities
The parents of children with disabilities and the State shall take appropriate steps to see that those children are—Part III – Support for children by local authorities
10. Local councils to safeguard children and promote reconciliation between parents and children
11. Duty to report infringement of child’s rights
12. Appeals
Subject to this Act, the executive committee court at village level shall be the court of first instance in matters under this Part of the Act and appeals from that court shall follow the order of appeals as set out in section 105.Part IV – Family and children court
13. Establishment of family and children court
14. Jurisdiction of family and children court
15. Venue of the family and children court
A family and children court shall, whenever possible, sit in a different building from the one normally used by other courts.16. Procedure in family and children court
17. Care or supervision order to be of benefit to child
A family and children court shall not make a supervision order or a care order unless it considers that doing so would be beneficial to the child.18. Rules of court
The Rules Committee may make rules prescribing—Part V – Care and protection of children
19. Supervision orders and care orders
On the application of a probation and social welfare officer or an authorised person, a family and children court may make—20. Welfare reports
21. Grounds for making a supervision or care order
A family and children court may only make an order under this Part, if it is satisfied that—(a)the child concerned is suffering or is likely to suffer significant harm; and(b)that the harm, or probability of harm, is attributable to —(i)the care given to the child, or likely to be given to the child if the order were not made, not being what it would be reasonable to expect a parent to give to a child; or(ii)the child’s being beyond parental control.Supervision order
22. Application for a supervision order
Before making an application for a supervision order, the probation and social welfare officer or an authorised person shall be satisfied that —23. Duties of a supervisor while a supervision order is in force
The duties of a supervisor while a supervision order is in force are—24. Duration of a supervision order
25. Probation and social welfare officer to enforce orders
The duty to enforce a supervision order shall be vested in the probation and social welfare officer who applies for the order.26. Requirements as to change of address and visits
A supervision order shall require the person with whom the child lives—(a)to inform the supervisor of any change of his or her address;(b)to allow the supervisor to visit the child at his or her home.Care order
27. Care order
28. Purpose of a care order
The object of a care order is—29. Duration of care order
30. Duty to enforce a care order
The duty to enforce the care order shall be vested in the probation and social welfare officer who applies for the order.31. Parental responsibility of warden or foster parent
32. Special duties of the probation and social welfare officer in relation to care order
33. Interim supervision order and interim care order
34. Exclusion order
35. Enforcement of exclusion order
36. Search and production order
37. Removal of a child under emergency protection
38. Offence to remove a child from a place of safety without authority
A person who without reasonable cause removes a child placed under emergency protection from a place of safety without the authority of the person in whose custody the child is commits an offence and shall be dealt with in accordance with this Act.39. Persons to apply for discharge or variation of supervision or care order
Any of the following persons may apply for a supervision or care order to be discharged or varied —40. Duty of probation and social welfare officer to investigate
Where a probation and social welfare officer is informed or has reasonable cause to believe that a child who lives or is found in his or her district is suffering or is likely to suffer significant harm, he or she shall make inquiries to decide whether to act to safeguard or promote the child’s welfare.41. Requirement to disclose information
When a family and children court is satisfied that information concerning a child is being withheld by any person, it may summon that person to disclose the information.42. Medical examination of a child
Part VI – Foster care placements
43. Conditions for foster care placements
Part VII – Adoption
44. Jurisdiction
Prerequisites for adoption
45. Restrictions and conditions
46. Intercountry adoption
47. Consent
48. Functions of the court
49. Rules as to the procedure for adoption
50. Appeals
51. Effect of an adoption order
Upon an adoption order being made —52. Devolution of property
53. Wills
54. Adopted children register
The registrar of births and deaths shall maintain an adopted children register in which shall be registered particulars of adoptions under this Act.55. Disclosure of adoption
Part VIII – Approved homes
56. Minister to approve homes
A Government or nongovernmental home set up for the purposes of caring for children shall first be approved by the Minister as fit for that purpose.57. Admission of children to home
An approved home shall only receive children in the following two ways—58. Purpose of an approved home
59. Parental responsibility of warden and staff of approved homes
While a child is in an approved home on a care order, the warden and staff of the home have parental responsibility for the child.60. Contact with parents and relatives
61. Removal of child from approved home
A person who removes a child from an approved home without reasonable cause commits an offence and shall be dealt with in accordance with this Act.62. Recovery order
63. Application for a recovery order
Any of the following persons may apply for a recovery order—64. Escape from approved home or foster parent
65. Court’s power to order parent or guardian to contribute
66. Rules for approved homes
The Minister may make rules for carrying this Part into effect and in particular for —Part IX – Parentage of children
67. Declaration of parentage
A person who is—68. Application for declaration
69. Proceedings on application for declaration of parentage
70. Proof of parentage
The burden to prove parentage shall lie on the person alleging it.71. Prima facie and conclusive evidence of parentage
72. Effect of declaration of parentage
73. Custody of children
74. Appeals
A party to proceedings for a declaration of parentage may appeal to a chief magistrate’s court against the finding of a family and children court; and the appellate court may confirm or revoke the declaration or make any other lawful order that it thinks fit.75. Revocation of declaration of parentage
A declaration of parentage may be revoked for sufficient cause by the family and children court on the application of the person against whom it was made.Maintenance orders
76. Application for child maintenance order
77. Warrant to attach earnings or levy the distress for the recovery of maintenance money
If at any time after the expiration of one month from the making of a maintenance order, it is made to appear to a magistrate on oath that any sum to be paid under the order has not been paid, the magistrate may, by warrant signed by him or her, cause the person against whom the order was made to be brought before him or her; and if that person neglects or refuses to pay the sum due from him or her under the order, the magistrate may, by warrant signed by him or her direct —78. Variation of maintenance orders
79. Money to be paid to applicant or custodian
80. Appointment of custodian
81. Misapplying maintenance money
A person in whose custody a child is commits an offence if he or she misapplies any money paid for the maintenance of the child, and the grant of custody may be varied in the best interests of the child.82. Cessation of order
A maintenance order shall cease to have any force or validity on the child attaining eighteen years.83. Rules in respect of fees and costs
Maintenance during divorce, separation or nullity
84. Maintenance during divorce, separation or nullity
85. Variation of custody
Where the court is satisfied on information from a probation and social welfare officer or an official of a local government council that the parent who has custody of the child is wilfully neglecting or mistreating the child, custody shall be granted to the other parent.86. Upbringing of a child
In separation, divorce and nullity cases there shall be joint consultation between the parents in bringing up the child where the circumstances permit and wherever possible.87. Unfit parents
Where the court during divorce, separation or nullity proceedings finds that the child is suffering or is likely to suffer significant harm as a result of both parents being unfit to have custody of the child, the court shall place the child in the custody of a fit person; but the parents shall be allowed to have reasonable access to their child unless it is not in the best interests of the child.Part X – Children charged with offences
88. Age of criminal responsibility
The minimum age of criminal responsibility shall be twelve years.89. Arrest and charge of children
Detention pending trial
90. Bail
91. Remand
92. Role of local council courts
Family and children court
93. Criminal jurisdiction of family and children court
A family and children court shall have jurisdiction to hear and determine all criminal charges against a child except —94. Orders of family and children court
95. Probation and social welfare officer’s report
96. National Rehabilitation Centre for Children and other centres
97. Committee of visitors; rules governing a centre; assisting escape or preventing return to a centre
98. Aftercare
Before a child is released from detention, the probation and social welfare office and the authorities in the detention centre shall discuss the period of aftercare with the child, but in all circumstances it shall not exceed twelve months after the child’s release from detention.99. Duration of cases
100. Remission of cases
101. Restriction on use of certain words
The words “conviction” and “sentence” shall not be used in reference to a child appearing before a family and children court; and instead, the words “proof of an offence against a child” and “order” shall be substituted for conviction and sentence respectively.102. Protection of privacy and restriction on publication
103. Children in magistrate’s court
A child jointly charged with a person over eighteen years of age may be tried in a magistrate’s court.104. Children in the High Court
105. Appeals
An appeal shall lie in a case involving the trial of a child from —Part XI – Miscellaneous
106. Decriminalisation of certain offences in relation to children
The following provisions of the Penal Code Act shall cease to apply to children—107. Inquiry as to age of person appearing to the court to be below eighteen years of age
108. Presumption of age by court conclusive evidence of that person’s age
109. General penal provision for offences under the Act
A person who contravenes any of the provisions of this Act commits an offence and, with the exception of a person convicted under section 98, is liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a period not exceeding six months or to both.110. Regulations
111. Enforcement of judgments, decisions and orders of the family and children court
Subject to this Act, any enactment applicable to the enforcement of the judgments, decisions and orders of a magistrate’s court shall, subject to such modifications as may be necessary having regard to this Act, apply to judgments, decisions and orders of a family and children court.112. Modification of existing enactments
Any enactment in existence at the commencement of this Act shall have effect with such modifications as may be necessary to give effect to this Act.113. Transitional provisions regarding approved schools and reformatory schools
Notwithstanding the repeal of the Approved Schools Act and the Reformatory Schools Act, where immediately before the commencement of this Act there are any children in any institutions under either of those Acts, the Minister, in consultation with the Minister responsible for internal affairs, shall make such arrangements as may be necessary for the winding up of those institutions and otherwise for the welfare of the children, taking into account the provisions of this Act and, in particular, taking into account the principle that in all matters concerning the child, the best interests of the child shall be the paramount consideration.History of this document
02 June 2016
Amended by
Children (Amendment) Act, 2016
Read this version
08 June 2006 this version
Amended by
Local Council Courts Act, 2006
31 December 2000
Consolidation
Read this version
01 August 1997
Commenced