Child Act 2001 · Updated to 1 Jul 2023 · Chapter · Temporary Custody and Medical Examination and Treatment
30. Powers of Court For Children
Feedback & supportIf a Court For Children is satisfied that any child brought before it under section 19 or 25 is a child in need of care and protection, the Court For Children, after taking into consideration that it is desirable to place a child in a family based care may—
Court For Children
“Court For Children” means the Court For Children constituted under section 11;
order his parent or guardian to execute a bond to exercise proper care and guardianship for a period specified by the Court For Children;
make an order placing the child in the custody of a fit and proper person for a period specified by the Court
For Children;
in the case of a child who has no parent or guardian or who has been abandoned as described in paragraph 17(1)(e), make an order—
placing the child in the care, custody and control of a foster parent found to be suitable by the
Director General for a period of two years from the date the child is placed in the care, custody and control of the foster parent or until he attains the age of eighteen years, whichever is the shorter, and pending that, place the child in a place of safety; or
placing the child in the care of a fit and proper person for a period of two years from the date of the order or until he attains the age of eighteen years, whichever is the shorter;
make an order placing the child in a centre for a period of three years from the date of the order or until he attains the age of eighteen years, whichever is the shorter;
make an order placing the child in a place of safety for a period of three years from the date of the order or until he attains the age of eighteen years, whichever is the shorter.
(Deleted by Act A1511).
In addition to an order made under paragraph (1)(a), (b),
a Protector; or
other person appointed for the purpose by the Court For
Children, for a period specified by the Court For Children.
or (ca), the Court For Children may make an order placing the child under the supervision of—
If the Court For Children makes an order under subparagraph (1)(c)(i), the Director General shall, in order to give effect to the order, immediately endeavour to place the child in the care, custody and control of a foster parent.
Director General
“Director General” means the Director General of Social Welfare and includes the State Director of Social Welfare of each of the States;
If at any subsequent time the foster parent intends to return the child who has been placed in his care, custody and control under subparagraph (1)(c)(i), he shall report in person to the Protector and bring the child before the Protector, and the
foster parent
“foster parent” means a person, not being a parent or a relative of a child— (a) to whom the care, custody and control of a child has been given by order of a Court under subparagraph 30(1)(c)(i); or; (b) permitted by the Protector under section 35 or 37, as the case may be, to receive a child into his care, custody and control;
Protector shall place the child in a place of safety.
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 during the period mentioned in paragraph (1)(c) the parent or guardian of the child concerned has not claimed the child or made any appearance, the Court For Children may—
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;
at the expiry of that period; and
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if the Court is satisfied that reasonable steps have been taken by the Protector to trace the parent or guardian of the child, make an order placing the child for adoption by the foster parent or any person who wishes to adopt the child and in any such case—
the parent’s or guardian’s consent for the adoption of the child shall be dispensed with; and
the Adoption Act 1952 [Act 257] (in the case of a child not professing the religion of Islam), the Registration of
Adoptions Act 1952 [Act 253], Sabah Adoption Ordinance 1960 and Sarawak Adoption Ordinance [Cap. 91] shall be construed accordingly.
In determining what order to be made under subsection (1), the Court For Children shall treat the best interests of a child as the paramount consideration.
Before making an order under subsection (1) or (4), the
Court For Children shall consider and take into account any report prepared by the Protector which—
shall contain such information as to the family background, general conduct, home surrounding, school record and medical history of a child as may enable the Court For
Children to deal with the case in the best interests of the child; and
may include any written report of a Social Welfare Officer, a registered medical practitioner or any other person whom the Court For Children thinks fit to provide a report on the child.
In order to enable the Protector to prepare and submit the report referred to in subsection (6), the Court For Children may—
from time to time, adjourn the case for such periods not exceeding two months at a time; and
make in respect of the child, as an interim order having effect only during the period of adjournment, any order which the Court For Children could have made under subsection (1).
A Court For Children may, in making any order under subsection (1), impose such conditions or give such directions as the Court may deem fit for the purpose of ensuring the safety and well-being of the child in respect of whom such order is made, and such conditions or directions may include the following:
Court
“Court” means the Court For Children or any other Court, as the case may require;
that the parent or guardian of the child accompanied by the child shall attend interactive workshops organized at designated centres established for such purpose;
if the child is placed at a place of safety, that the parent or guardian shall visit the child on a regular basis as determined by the Court For Children; or
if the child is in an educational institution, that the parent or guardian shall consult with the child’s teacher and head teacher or principal once a month.
Any parent or guardian who fails to comply with any of the conditions imposed or directions given under subsection (8)
commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit.
An order under subsection (1) shall not be made without giving the parent or guardian of the child an opportunity to attend and be heard.
Notwithstanding subsection (10), an order under subsection (1)
may be made if the Court For Children is satisfied on information given by a Protector that the parent or guardian of the child, having been required to attend, has failed to do so, or is not available or cannot be found within a reasonable time.
If the Court For Children is not satisfied that a child brought before it under section 19 or 25 is in need of care and protection, the Court For Children shall order the child to be returned to the care and custody of his parent or guardian.
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A Court For Children may, on the application of—
a Protector;
the person in charge of a place of safety or centre; or
the parent or guardian of a child, amend, vary or revoke any order made under this section—
if the Court For Children is satisfied that it is in the best interests of the child to do so; or
upon proof that the circumstances under which the order was made have changed after the making of the order.