Skip to content
In forceUpdated to 1 Jul 2023Read it in Bahasa Malaysia
Contents

Chapter · Temporary Custody and Medical Examination and Treatment

24. Authorization of medical treatment

Feedback & support
(1)

If, in the opinion of a medical officer, the child referred to in section 21 requires treatment for a minor illness, injury or condition, a Protector or police officer may authorize such 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

(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

Report

Chapter

Offences in Relation to the Health and Welfare of Children

Chapter

Notification on Taking a Child Into Care, Custody or Control

Part VI

Children in Need of Protection and Rehabilitation

Part VII

Beyond Control

Part VIII

Trafficking in and Abduction of Children

Part IX

Institutions

Chapter 5

Chapter

Special Provisions in Relation to Places of Safety, Places of Refuge, Approved Schools and Henry Gurney Schools

Chapter 7

Part X

Criminal Procedure in Court for Children

Part XI

In the Care of Fit and Proper Person

Part XII

Contribution Orders

Part XIII

Part XIV

Part XV

Savings and Transitional Provisions

Schedules