Section 35 — AKTA KANAK-KANAK 2001

(a)

that person; and

(b)

the person in whose care the child was at the time of such taking, shall, not later than one week thereafter, notify the Protector of such taking.

(2)

On receiving any notification under subsection (1), the

Protector shall make such inquiry as he thinks fit as to—

(a)

the circumstances and the reasons for the taking; and

(b)

the suitability for that purpose of the person who has taken the child into his care, custody or control.

(3)

If, after the inquiry referred to in subsection (2), the

Protector deems it expedient to do so in the best interests of the child, he may either—

(a)

order that the child be returned to the care, custody or control of his parent or guardian or the person in whose care he was at the time of such taking; or

(b)

permit the taking of the child on such terms and conditions as the Protector may require.

(4)

If the taking of a child by any person has been permitted under paragraph (3)(b) subject to any term or condition and default is made in complying with such term or condition, the

Protector, after taking into consideration that it is desirable to place a child in a family based care, may by warrant under his hand order that the child—

(a)

be taken out of the care, custody or control of such person; and

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(b)

be placed—

(i)

in the care of a relative or fit and proper person on such terms and conditions as the Protector may require;

(ii)

in a centre; or

(iii)

in a place of safety, until the child attains the age of eighteen years or for any shorter period.

(5)

For the purposes of this section, a “person” includes an institution or a centre—

(a)

not maintained by the Federal Government or by any of the State Governments; or

(b)

not approved by the Minister.

(6)

A Protector shall, on receiving any notification under this section, record the particulars of such notification in a register in such form as may be prescribed.

(7)

Any person who fails to comply with subsection (1)

commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.

Subsequent obligations