JFJ disgruntled children still being treated as "uncontrollable" despite law amendment

 

Lobby group Jamaicans for Justice (JFJ) is lamenting the failure of the government to remove the designation of "uncontrollable" children from the law books. 

 

The Child Care and Protection Act was amended to remove "uncontrollable" from the legislation and replace it with "behavioural challenges", with the Child Protection and Family Services Agency (CPFSA) being the first point of contact for the child. 

 

Since the amendment was passed, 37 children were admitted to juvenile detention facilities for being "uncontrollables" since 2021, with the majority being girls. 

 

JFJ's Executive Director Mickel Jackson says the group is troubled that the amendment to the act has not come into force. 

 

"Because we believe that the delay, two years after the passage of the amendment, is intolerable because we have children who continue being incarcerated for behavioural issues that are not criminal offences, which undermines our collective effort and the legislative intent to protect and rehabilitate rather than punish."

 

Maintaining that the two-year delay is an injustice, the JFJ head urged the government to bring the amendment into full force no later than January 31, 2026 to prevent further criminalisation of children for a non-criminal offence.

 

"The intent is to rehabilitate, not institutionalise our children, so fewer children should need facilities if appropriate community-based measures are prioritised. We take note that we already have the Maxfield Children Park that was retrofitted. There was a facility that was retrofitted in St. James in 2023 and opened in January 2025. But we have to think on community-based approaches to have the children benefit from necessary psychosocial and social interventions," she insisted. 

 

Meanwhile, the JFJ has called for each case to be re-examined to determine the best approach to deal with the behavioural challenges identified. 

 

"JFJ also reiterates our offer to the government to have the children benefit from legal assistance, so that where appropriate, their matters could be brought before the courts; the courts look at these matters on a case-by-case basis and, where possible, the children could perhaps have the orders varied and those children could be released home and benefit from psychotherapy interventions, as appropriate and where possible," Ms. Jackson suggested.