Child Act 2001 · Updated to 1 Jul 2023 · Chapter · Temporary Custody and Medical Examination and Treatment
18. Taking a child into temporary custody
Feedback & supportAny Protector, Assistant Protector or police officer who is satisfied on reasonable grounds that a child is in need of care and protection may take the child into temporary custody, unless the Protector, Assistant Protector or police officer is satisfied that—
Protector
“Protector” means— (a) the Director General; (b) the Deputy Director General; (c) a Divisional Director of Social Welfare, Department of Social Welfare; (d); (e) any Social Welfare Officer appointed under section 8;
the taking of proceedings in relation to the child is undesirable in the best interests of the child; or
the proceedings are about to be taken by some other person.
A Protector who takes a child into temporary custody under this section shall, immediately upon such taking, cause the parent or guardian of the child to be notified of such taking.
guardian
“guardian”, in relation to a child, includes any person who, in the opinion of the Court For Children having cognizance of any case in relation to the child or in which the child is concerned, has for the time being the charge of or control over the child;
An Assistant Protector or police officer who takes a child into temporary custody under this section shall—
Assistant Protector
“Assistant Protector” means a person appointed by the Minister under section 8a;
immediately upon such taking, notify the Protector of such taking and cause the parent or guardian of the child to be notified of such taking; and
within twelve hours after such taking, bring the child before a Protector.
If a child who is taken into temporary custody under this section escapes or is removed without lawful authority, the Protector shall inquire into the circumstances of the case and notify the parent or guardian of the child of such escape or removal.
Any child who is taken into temporary custody under this section who escapes or is removed without lawful authority may be arrested without a warrant by a Protector, Assistant Protector or police officer.
If the child is arrested by a Protector, the child shall be brought before the Court For Children by the Protector in accordance with section 19.
Court For Children
“Court For Children” means the Court For Children constituted under section 11;
If the child is arrested by an Assistant Protector or a police officer, the child shall be immediately brought before a
Protector who shall bring the child before the Court For Children in accordance with section 19.
Any person who—
removes a child from temporary custody under subsection (1) without lawful authority;
knowingly assists or induces, directly or indirectly, a child to escape from the temporary custody under subsection (1); or
knowingly harbours or conceals a child who has so escaped, or prevents him from returning to the temporary custody under 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.