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Issues of affecting the Court of Guardianship.

Dear Editor,
Does the public know what the Court of Guardianship (COG) does? Contrary to popular belief, it’s not just about collecting child support. The COG is the central reporting center for child abuse. Its youth protection division is responsible for responding to cases of suspected child abuse and neglect, implementing (Judicial ) safety measures, creating safety plans to address risk factors within the minor's environment without removal or Court intervention,and  mediation to establish parenting plans that address custody, visitation and child support, conducting independent research in matters related to adoption, custody, paternity, and divorce proceedings, all in the interest of the minors involved. Meanwhile, the youth probation department deals with minors who get in contact with law enforcement for criminal offenses and manages everything from providing a wellness check into the well-being of the minor once detained, conducting research, providing advice to the prosecutor or the judge, initiating interventions, and providing guidance.

Now, let’s talk about the real issue—where exactly does the COG stand in the Ministry of Justice? The answer? We don’t know! The COG has been stuck in bureaucratic limbo since 10-10-10, floating around like an abandoned stepchild. There isn’t a single worker within the department who has been officially sworn in as civil servants. The entire operation is running by workers under the guise that they will eventually become civil servants within the Ministry of Justice. And somehow, despite nine different ministers cycling through since 10-10-10—Ronald Duncan, Dennis Richardson, Richard Gibson, Edson Kirindongo, Rafael Boasman, Cornelius De Weever, Egbert Doran, Anna Richardson, Lyndon Lewis, and currently, Nathalie Tackling—not one of them has managed to correct this issue? Seriously? Minister after minister has come and gone, doing absolutely nothing about the COG’s status and the lack of resources dedicated to minors, yet claim to prioritize the youth of St. Maarten.

In 2023, former minister Anna Richardson suggested that we sign placement letters to regulate the COG before the LIOL was finalized. Guess what? Those letters never showed up. The process stalled, and everyone conveniently forgot about it. Then, in 2024, Batman, I mean MP Lyndon Lewis, took office and displayed zero interest in the COG. He spoke on the Breakfast Lounge with Lady Grace about two weeks ago, calling out various departments within the Ministry of Justice, failing to notice he listed a couple of foundations in between. Yet somehow, he conveniently left out the COG. This glaring omission isn’t a surprise, considering that during his tenure, COG was basically treated like a department nobody wants to acknowledge. Fast forward to the current minister, who also doesn’t seem to understand the importance of the COG or the challenges the department has been experiencing. Seeking collaboration with the Youth Brigade regarding youth crime prevention while not including the COG where youth probation is executed shows a misguided approach towards the issue. The COG has continuously reached out to previous ministers to express their concerns. However, due to the size of the department, we are often overlooked and neglected. The youth protection department is expected to respond to crises outside of working hours without being compensated.

The entire department had high hopes when the current minister was appointed; however, much like those before her, the importance of regulating the legal positioning of the employees remains an afterthought. But like every other Minister before her, those hopes are now nothing more than crushed expectations. No one has once asked what tools and resources are needed to rehabilitate these minors who commit crimes to prevent recidivism. Stakeholders have become unwilling or reluctant to provide beneficial services to minors due to the government's extensive outstanding balance. Many minors who commit crimes have a history of child protection due to exposure to violence and poor parenting environments, which have led to severe behavioral issues and social-emotional challenges. After the closure of the I Can Foundation, many of these children were displaced due to the passing of the house mother and a lack of resources and facilities to accommodate them with their specific challenges. As a result, they were left to fend for themselves, which contributed to incidents of assault and robbery targeting tourists. During the tenure of Dennis Richardson, Miss Lalie Center was established as a facility for minors with behavioral challenges and those who committed crimes. Until the brilliant Edson Kirindongo decided to convert it into solely a detention center for minors under age 18. It was later converted to a detention center for ages 12 to 21. Not only is the large age bracket an issue, but the mere fact that this action left minors with behavioral challenges without proper facilities for the interventions needed to curb these challenges.

How many more ministers must come and go before the COG finally receives the recognition it deserves? How many more promises must be made before real action is taken? The time for empty words and misguided approaches has passed. It’s clear that without true understanding and a genuine commitment to change, the COG will continue to be left in the cold and forced to work without proper resources. To achieve real progress, leadership must stop ignoring the critical issues at hand and take decisive action to address the COG's legal status and administrative challenges. This also includes tackling the difficulties faced by the department in dealing with youth-related matters.

Sincerely,
A disappointed worker


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