Malaysia legislation

Section 24

of CHILD ACT 2001

Section 24

Authorization of medical treatment

(2)

If, in the opinion of a medical officer, the child referred to in section 21 is suffering from a serious illness, injury or condition or requires surgery or psychiatric treatment, a Protector or police officer—

(a)

shall immediately notify or take reasonable steps to notify and consult the parent or guardian of the child or any person having authority to consent to such treatment;

and

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(b)

may, with the written consent of the parent or guardian or such person, authorize such medical or surgical or psychiatric treatment as may be considered necessary by a medical officer.

(3)

If a medical officer has certified in writing that there is immediate risk to the health of a child, a Protector may authorize, without obtaining the consent referred to in subsection (2), such medical or surgical or psychiatric treatment as may be considered necessary by the medical officer but only under any of the following circumstances:

(a)

that the parent or guardian of the child or any person having authority to consent to such treatment has unreasonably refused to give, or abstained from giving, consent to such treatment;

(b)

that the parent or guardian or the person referred to in paragraph (a) is not available or cannot be found within a reasonable time; or

(c)

the Protector believes on reasonable grounds that the parent or guardian or the person referred to in paragraph (a)

has ill-treated, neglected, abandoned or exposed, or sexually abused, the child.

Steps to be taken after medical examination or treatment