Section 195 Child’s Right Act
Section 195 Child’s Right Act 2003 is about Registration, etc., of children’s homes. It is under Part XVIII (Registered Children’s Homes) of the Act.
(1) No child shall be cared for or provided with accommodation in a children’s home unless the home is registered under this Part of this Act.
(2) The Minister may cause a register to be kept for the purpose of subsection (1) of this section in such form as he may, from time to time, specify, including by means of a computer.
(3) Subject to any exemption by or under this section and regulations made by the Minister for the purposes of this Subsection, a home is a children’s home if it provides, or usually provides or is intended to provide care and accommodation wholly or mainly for more than three children at anyone time.
(4) An independent school is a children’s home if‐
(a) it provides accommodation for not more than fifty children ; and
(b) it is not approved by the Ministry of Education or other education authority established under the appropriate laws on education applicable in the State.
(5) A home is not a children’s home for the purposes of this Part of this Act if it is‐
(a) a community home;
(b) a voluntary home;
(c) a residential care home, nursing home or mental nursing home;
(d) a health services hospital;
(e) a home provided, equipped and maintained by the Minister; or
(f) a school, but subject to subsection (4) of this section.
(6) A child is not cared for and accommodated in a children’s home when‐
(a) he is cared for and accommodated by‐
(i) his parent;
(ii) a person who, though not a parent of a child, has parental responsibility for the child; or
(iii) his relative; or
(b) a person mentioned in paragraph (a) (i) or (ii) of this section is living in the home; or
(c) the person caring for the child is doing so in his personal capacity and not in the course of carrying out his duties in relation to the home.
(7) A person who, without reasonable excuse, cares for and accommodates a child in a children’s home or who manages a children’s home which is not a registered children’s home, commits an offence, and is liable on conviction to a fine not exceeding ten thousand naira or imprisonment for a term not, exceeding six months, or to both such fine and imprisonment.
(8) The provisions of‐
(a) Tenth Schedule to this Act shall have effect with respect to children’s homes; and
[Tenth Schedule]
(b) Part I of the Fourth Schedule to this Act sets out the circumstances in which a person may foster more than three children without being treated as managing a children’s home.
[Fourth Schedule]
