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Children's Act (previously called the Children’s Protection and Adoption Act)
as amended at December 01, 2002. Original date of commencement: 27th October, 1972

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Children's Act
Acts 22/1971, 39/1973 (ss. 43 and 52), 43/1973 (s. 4), 18/1974, 44/1974 (s. 4), 26/1979, 15/1981 (s. 66), 29/1981 (s. 59), 15/1982 (s. 3), 11/1986 (s. 29), 24/1987 (s. 8), 2/1989 (s. 7), 20/1994(s. 3), 14/1995; 9/1997 (s. 10)1, 22/2001 (s. 4), 23/2001; R.G.N. 327/1977; S.I. 689/1979.


Arrangement of Sections

PART I
PRELIMINARY

1. Short title.
2. Interpretation.

PART IA
CHILD WELFARE COUNCIL
2A. Establishment of Child Welfare Council.
2B. Functions of Council.
2C. Validity of decisions and acts of Council.

PART II
CHILDREN'S COURTS
3. Establishment of children's courts.
4. Officers of children's courts.
5. Procedure in children's courts.
6. Certain provisions of Cap. 7:10 to apply to children's courts.

PART III
PREVENTION OF NEGLECT, ILL-TREATMENT AND EXPLOITATION OF CHILDREN AND YOUNG PERSONS
7. Ill-treatment or neglect of children and young persons.
8. Corruption of children and young persons.
9. Medical examination and treatment of children and young persons.
10. Begging and public entertainment.
11. Safeguarding of child audiences at public entertainments.
12. Power to bind over person having custody of young girl, child or young person to exercise proper care.
13. Conducing to commission of offence by child or young person.

PART IV
REMOVAL OF CHILDREN AND YOUNG PERSONS TO OTHER CARE
14. Removal of children and young persons to place of safety.
15. Court or magistrate may authorize removal of child or young person to place of safety.
16. Authority to detain child or young person in place of safety.
17. Duty to bring child or young person before children's court.
18. Alleged child in need of care may be brought before children's court.
19. Children's court to hold inquiry in respect of child or young person brought before it.
20. Powers of children's court.
21. Adjournment of inquiry.
22. Summoning of parent or guardian of child or young person.
23. Determination of certified institution or training institute to which child or young person shall be sent.
24. Children's court may review orders.
25. Period of retention and further supervision of child or young person.
26. Person attaining age of eighteen years during inquiry in children's court.
27. Review by High Court of certain orders and discharge of certain orders by various other orders..

PART V
PLACES OF SAFETY, REMAND HOMES, INSTITUTIONS AND TRAINING INSTITUTES
28. Places of safety and remand homes.
29. Minister may establish training institutes and institutions.
30. [Repealed]
31. Registration of institutions.
32. Liability for maintenance of child or young person received in terms of this Act.
33. Pupil of certified institution or training institute may be released on licence.
34. Licence may be varied.
35. Reports on pupils.
36. Leave of absence from certified institution or training institute.
37. Discharge from effect of various orders made.
38. Transfer of pupil, child or young person.
39. Admission of children and young persons from foreign states to certified institutions.
40. Reception in training institutes of juveniles from foreign states.
41. Transfer of certain persons to institutions outside Zimbabwe.
42. Absconding pupils and other persons.
43. Unlawful removal of juveniles.
44. Imprisonment of absconding pupils.
45. Inspection of children and young persons.
46. Probation officers.
47. Transfer of certain parental powers.
48. Unlawful removal of pupil, child or young person from Zimbabwe.

PART VI
CONTRIBUTION ORDERS
49. Making of contribution order.
50. Provisional contribution order.
51. Effect of direction to make payments and of contribution order.
52. Provisions of contribution order as to payments.
53. Variation or rescission of direction to make payments and of contribution order.
54. Appeal against contribution order or direction.
55. Change of place of residence of respondent.
56. Service of process.

PART VII
ADOPTION OF CHILDREN
57. Jurisdiction and procedure in relation to adoption order.
58. Power to make adoption order.
59. Restriction on making adoption order.
60. Consent to adoption given by minor mother of illegitimate child.
61. Matters with respect to which court to be satisfied.
62. Register of applicants for adoption.
63. Terms and conditions of order.
64. Effect of adoption order.
65. Power to make interim order.
66. Power to make subsequent order in respect of minor already subject to an order.
67. Rescission of adoption order.
68. No consideration in connection with adoption permitted.
69. Concealment of identity of adopted child.
70. Adopted Children Register.
71. Change of name of adopted persons.
72. Effect of adoption on marriage.
73. Publication of advertisements of adoption.
74. Accessibility of records relating to adoption.
75. Appeals.

PART VIIA
FOREIGN ADOPTIONS

75A. Application of Part.
75B. Designated countries.
75C. Recognition of adoptions in designated countries.
75D. Recognition of adoptions in non-designated countries.
75E. Registration of birth of person adopted in foreign country.
75F. Effect of recognition of foreign adoption.
75G. Part does not limit recognition of foreign adoptions under other laws.

PART VIII
MISCELLANEOUS
76. Consent to surgical or other treatment.
77. Evidence of husband or wife of accused person.
78. Sale of liquor, tobacco and drugs to children prohibited.
79. Seizure and confiscation of liquor, tobacco and drugs in possession of children.
80. Provision as to gambling, gaming or automatic machines.
81. Magistrate may order parent to produce his child before children's court.
82. Estimation of age.
83. Liability of step-parent to maintain his step-child.
84. Detention of juvenile.
85. [Repealed].
86. Financial support from public funds to certain institutions.
87. Notice of certain proceedings to be given to High Court.
88. Regulations.
89. [Repealed].

FIRST SCHEDULE: Specified Offences.
SECOND SCHEDULE: …[Repealed]


ACT

An Act to provide for the establishment of children's courts; to make provision for the protection, welfare and supervision of children and juveniles; to provide for the establishment, recognition and registration of certain institutions and institutes for the reception and custody of children and juveniles and for the treatment of children and juveniles after their reception in such institutions and institutes; to require the contribution by certain persons towards the maintenance of children and juveniles; to provide for the adoption of minors; and to provide for matters incidental to or connected with the foregoing.

PART I
PRELIMINARY
1 Short title
This Act may be cited as the Children’s Act [Chapter 5:06]2.

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1 TRANSITIONAL PROVISIONS AND SAVINGS SET OUT IN SECTION 11 OF MAGISTRATES COURT AMENDMENT ACT, 1997 (NO. 9 OF 1997)
11. (1) In this section—
“changed appeal” means any appeal, application or reference which, before the fixed date, could be made to the Supreme Court and which, on and after that date, must be made instead to the High Court;
“fixed date” means the date of commencement of this Act (10th October 1997).
(2) Any rule of court or other statutory instrument which was made or was deemed to have been made in terms of the Supreme Court Act [Chapter 7:13] and which, immediately before the fixed date, regulated changed appeals shall continue in force, mutatis mutandis, as if it had been made in terms of the High Court Act [Chapter 7:06] for the purpose of regulating such appeals, and may be amended or repealed accordingly.
(3) Any statutory instrument which was made in terms of any enactment other than the Supreme Court Act [Chapter 7:13] and which, immediately before the fixed date, regulated changed appeals shall continue to regulate such changed appeals as if any reference therein to the Supreme Court were a reference to the High Court.
(4) Any changed appeal which was noted, filed or lodged before the fixed date and which was not fi-nally determined by the Supreme Court before that date shall be dealt with and determined in all respects as if this Act had not been passed.
(5) Section 57 of the Magistrates Court Act [Chapter 7:10] shall apply in relation to sentences imposed upon convicted persons before the fixed date in all respects as if this Act had not been passed.
(6) Any request properly made before the fixed date for a case to be forwarded on review in terms of proviso (ii) to subsection (1) of section 57 of the Magistrates Court Act [Chapter 7:10] shall be complied with in all respects as if this Act had not been passed.
(7) (This subsection is not reproduced here because it deals only with appeals in terms of the Defence Act.)
(8) (This subsection is not reproduced here because it deals only with appeals in terms of the Defence Act.)

2 Section amended by s. 2 of Act 23/2001.

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