Accra, Oct 28, ---- The Ministry of Gender, Children and Social Protection on Sunday explained that the Social Welfare Department flouted the laws on adoption and fostering in the case of an 18 months old infant was taken away from her natural mother who has a mental disability.

The department handed over the 18 months old infant to two young women called Shirley Ablakwa and Jennifer Ofori on October 2nd. The young women were given custody and care of the infant without regard to the law, regulations and due process.

In a statement signed by Mercy C. Adjabeng, of the Ministry’s Communication & Public Information Unit to the media said recognizing the implications of the breach and the overall ramifications on the mandate of the Ministry, it was imperative that the due process was followed.

The statement said on October 21st therefore, the Minister for Gender, Children and Social Protection issued a directive to the Department of Social Welfare to have the infant removed from the two women and taken to the Osu Children’s Home.

The Gender Ministry explained that the Department clearly violated regulations and procedures in the rescue case within the three weeks of placing the infant with the two young women included among other things the following:

According to the Ministry, the natural mother was taken to Osu Children’s Home, where there was an attempt to take her child away from her.

“In *“detaching”* the infant from its mother, the mother should not have been taken to the *“safe place” *(Osu Children’s Home) to prevent the incidence of the mother going back to the Home in search of the child.

“No Police Brief Enquiry Report had been issued before custody was given to the two young women. This would have established the circumstances surrounding the rescue of the child. Three weeks after the rescue, the Report had not been issued, sought or obtained.

“No Police Extract had been initiated or sought. Subsequently, the child had not been given the needed medical attention or examination,” the Ministry stated.

The statement further explained that the relatives of the natural mother had not been identified, neither has the physical location of the two young women been ascertained or verified.

“More importantly, No Care Order had been issued to the two young women. The process to obtain a Social Enquiry Report on the two young women would have facilitated the provision of a Care Order permitting them to foster the child for a minimum of three years and more if they so desired. This process had not been initiated,” the statement stated.

The Ministry said during discussion with the two young women later the sector Minister accorded them the needed respect at all times.

The Ministry also denied media report that the sector Minister has threatened to jail her Deputy, Director of Social Welfare or the two women who took custody of the 18 months old baby.

“While mindful of the myriad of challenges and the daunting task faced by the Ministry in the execution of its mandate, it would be a travesty of justice and totally irresponsible to preside over a system that tacitly condones total disregard for the law in the name of inadequate logistics.

“As a the Government Machinery mandated to protect, promote, respect and enforce the rights of children; promote the integration and protection of the vulnerable, excluded and persons with disability, the Ministry of Gender, Children and Social Protection will not renege on its commitment to ensure that due process is followed in the execution of its mandate,” the statement stated.

“The Ministry firmly believes that Ghana has made significant strides in its child protection efforts through ratification of international treaties, law reforms, and enactment of various legislations and formulation of social policies.

“Furthermore, the inclusion of Article 28 in the 1992 Constitution, that guarantees the rights and freedom of children as well as The Children’s Act, 1998 (Act 560) provides a more comprehensive legal framework for the protection of children. Subsequently, the Ministry is fully committed to enforcing these provisions,” the statement stated.

The statement said the Ministry recognises the importance of providing safety nets for the vulnerable and excluded groups, including children, Ghana has developed National Policy Guidelines on Orphans and other Children made Vulnerable by HIV/AIDS (2005) and a National Social Protection Strategy (NSPS, 2007) in addition to other Acts to protect the citizenry, especially children from abuse and risk of it.

The Ministry therefore wishes to reiterate its firm commitment to ensuring the facilitation of the enforcement of the rights of children and promote the protection of the vulnerable, excluded and persons with disability.

This would afford all persons the opportunity to freely contribute to national development.* *