Earl Moxam, Senior Gleaner Writer

All privately run children's homes will shortly be assessed to determine whether they should be granted a licence to continue operating under a new regulatory regime.

State-run facilities are exempt from this requirement.

The House of Representatives on Tuesday approved two sets of regulations, which will give effect to this policy. The regulations will now go to the Senate for passage, after which they will be gazetted, thereby becoming law.

This development comes three years after the parent legislation - the Child Care and Protection Act - was enacted in 2004.

Apply for licensing

Horace Dalley, the minister responsible for children's affairs, told the House that all existing facilities would have to apply for licensing three months after these regulations have been gazetted.

Assessment will be completed 28 days after an application is received and another 56 days must be allowed for submission to the minister, who will determine whether a licence is granted, he explained.

The regulations, approved by the House, are The Child Care and Protection (Children's Homes) Regulations and The Child Care and Protection (Advisory Council) Regulations.

Rights

These regulations are to ensure, among other things, the rights of affected children "to be fed, clothed, to health care, to express themselves, to privacy, to freedom from corporal punishment and to legal representation, spiritual and religious expression.

There are 62 children's homes currently being operated, 13 are state run and 49 privately.

Under the new regulations, a board of visitors will be established, with authority to enter homes and access any part of that home to inspect the facility, make enquiries, hear complaints of children and report to an advisory council.

The minister admitted that, even since the untoward incidents, which led to the Keating study and recommendations in 2004, there had been several "unfortunate" occurrences involving children who have died "and who have run away because of the treatment meted out to them".