Child Act 2001 · Updated to 1 Jul 2023 · Chapter · Temporary Custody and Medical Examination and Treatment
20. Child in need of medical examination or treatment
Feedback & supportIf a Protector who takes a child into temporary custody under section 18 is of the opinion that the child is in need of medical examination or treatment, the Protector may, instead of bringing the child before a Court For Children or Magistrate, as the case may be, present the child before a medical officer.
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;
If an Assistant Protector or a police officer who takes a child into temporary custody under section 18 is of the opinion that the child is in need of medical examination or treatment, the Assistant Protector or police officer may, instead of bringing the child before a Protector under paragraph 18(3)(b), present the child before a medical officer.
Assistant Protector
“Assistant Protector” means a person appointed by the Minister under section 8a;
If at the time of being taken into custody a child is a patient in a hospital, the Protector, Assistant Protector or police officer who takes the child into custody may leave the child in the hospital.
hospital
“hospital” means any Government hospital or any teaching hospital of a public institution of higher learning, but does not include any part of the Government hospital or teaching hospital of a public institution of higher learning, which are privatized or corporatized; Child 15
If a child who is taken into temporary custody by an
Assistant Protector or a police officer—
is presented before a medical officer under subsection (1a); or
is a patient in a hospital and left in the hospital under subsection (2), to be medically examined or treated, the Assistant Protector or police officer shall notify the Protector of such action.
If a Protector or police officer does not take a child into temporary custody under section 18 but he is satisfied on reasonable grounds that the child is in need of medical examination or treatment, he may direct in writing the person who appears to him to have the care of the child for the time being to immediately take the child to a medical officer.
medical officer
“medical officer” means a registered medical practitioner in the service of the Government and includes a registered medical practitioner in any teaching hospital of a public institution of higher learning, but does not include a registered medical practitioner in any part of the Government hospital or teaching hospital of a public institution of higher learning, which are privatized or corporatized;
If an Assistant Protector does not take a child into temporary custody under section 18 but he is satisfied on reasonable grounds that the child is in need of medical examination or treatment, he may, with the approval of a Protector, direct in writing the person who appears to him to have the care of the child for the time being to immediately take the child to a medical officer.
If the person referred to in subsections (3) and (3a) fails to comply within forty-eight hours with a direction made under that subsection, a Protector, Assistant Protector or police officer may take the child into temporary custody for the purpose of presenting the child before a medical officer.