Section 52 of the Lukautim Pikinini Act 2015 sets out what the Director owes a child in the Office’s care.
Section 52(1) — the responsibility
Notwithstanding any other law relating to the guardianship or custody of children, where an order is made placing a child in the permanent care of the Director, the Director is responsible for —
- the care and well-being of the child; and
- the property of the child,
until the child reaches the age of 18 years.
“Notwithstanding any other law.” The Director’s responsibility displaces any competing guardianship or custody arrangement, whether under another statute or under custom.
“And for the property of the child.” This is easily overlooked but substantial. A child may own property — through inheritance, an insurance payment, a settlement, or compensation. The Director becomes responsible for it, in the nature of a trustee.
“Until the child reaches 18.” That matches the section 2 definition of “child”. The responsibility runs to the end of childhood, not to some earlier point.
Section 52(2) — the six ways
(a) by placing the child, or permitting the child to remain, in the care of a member of the child’s family;
(b) by placing the child in the care of an approved foster parent or any other suitable person;
(c) by placing the child in any other child-friendly place approved by the Director under this Act;
(d) by making arrangements for the education of the child;
(e) by making arrangements for medical examination and treatment in accordance with section 51(2);
(f) by making such other provision for the care of the child as the circumstances of the case may require.
| Option | Why it is preferred or not |
|---|---|
| (a) A member of the child’s family | Section 5(1)(j) — alternative care within the family or community, preserving identity and ties |
| (b) Approved foster parent or suitable person | Where no family placement is available or safe |
| (c) An approved child-friendly place | Institutional care — the last of the three placement options |
Paragraph (a) contemplates a child who is already with a family member simply staying there, with the Director’s authority. No move is required.
This is the least disruptive outcome available, and it reflects the ordinary Papua New Guinean pattern in which extended family absorb a child — the same reality recognised in section 9(2)(a), where custom is a route to parental responsibility.
Section 52(3) — settled and permanent arrangements
In making provision for the care of a child in the permanent care and custody of the Director, the Director shall, where appropriate, have regard to the desirability of securing settled and permanent living arrangements for the child.
A child moved repeatedly between placements forms no lasting attachment and has no stable school, community or sense of belonging. Section 52(3) makes stability an express consideration once care is permanent.
It aligns with section 103, which requires regard to the importance of continuity in the child’s care and the possible effect of disruption, to the bonding that exists between the child and the child’s parent or guardian, and to a secure place as a member of a family.
Where a settled arrangement is best made permanent in law, adoption under the Adoption of Children Act (Chapter 275) is the mechanism, and appointment of a guardian under section 104 of this Act is another.
What a child in care is entitled to
“Child in care” means a child who is in the care and custody of the Director or any person authorised by the Director.
Section 5(1)(k) — a child in the care of the Office or an out-of-home care organisation is entitled to maintain close relationships with people significant to the child, including parents, siblings, extended family, peers, family friends and community, unless contrary to his best interests.
Section 5(1)(j) — the child’s name, identity, language, cultural and religious ties preserved as far as possible.
Section 5(2) — information, the opportunity to express views, assistance in doing so, and an explanation of decisions and their reasons.
Section 78 — offences against children in care, which protect the child from those responsible for them.
Placements are subject to Part IX licensing and inspection: out-of-home care centres appear on the register the Office keeps under section 15, and the Office has a standing function under section 14(g) to inspect centres providing child care, jails and police cells. Removing a child from a licensed place is separately regulated by section 71, and section 75 requires notice of the death of a child.
Sources
- Lukautim Pikinini Act 2015 — ss 2, 5, 9, 14, 15, 51, 52, 71, 75, 78, 103, 104
- Adoption of Children Act (Chapter 275)
Before relying on anything here, read the current text of the Marriage Act (Chapter 280) and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.