s.64Children not to be cared for and accommodated in unregistered children's home
64
Section 64Part 8 — REGISTERED CHILDREN'S HOMES

Children not to be cared for and accommodated in unregistered children's home

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No child shall be cared for and provided with accommodation in a children's home unless the home is registered under this Part.
The register may be kept by means of a computer.
For the purposes of this Part, "a children's home" —
means a home which provides (or usually provides or is intended to provide) care and accommodation wholly or mainly for more than three children at any one time; but
does not include a home which is exempted by or under any of the following provisions of this section or by regulations made for the purposes of this subsection by the Governor in Cabinet.
A child is not cared for and accommodated in a children's home when he is cared for and accommodated by —
a parent of the child;
a person who is not a parent of the child but who has parental responsibility for him; or
any relative of the child.
A home is not a children's home for the purposes of this Part if it is —
a community home;
a voluntary home;
a residential care home nursing home or mental nursing home;
a home provided, equipped and maintained by the Governor in Cabinet; or
a school.
A child shall not be treated as cared for and accommodated in a children's home when —
any person mentioned in subsection (4)(a) or (b) is living at the home; or
the person caring for him is doing so in his personal capacity and not in the course of carrying out his duties in relation to the home.
In this Law "a registered children's home" means a children's home registered under this Part.
In this section "home" includes any institution.
Where any child is at any time cared for and accommodated in a children's home which is not a registered children's home, the person carrying on the home —
commits an offence; and
is liable to a fine not exceeding $5,000,
Schedule 6 has effect with respect to children's homes.
Schedule 7 has effect for the purpose of setting out the circumstances in which a person may foster more than three children without being treated as carrying on a children's home.

Defined Terms

a registered children's home

Cross References