Child Act 2001 · Updated to 1 Jul 2023 · Chapter · Notification on Taking a Child Into Care, Custody or Control
35. Notification of taking a child into care, custody or control
Feedback & supportIf a person takes a child into his care, custody or control—
that person; and
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.
On receiving any notification under subsection (1), the
Protector shall make such inquiry as he thinks fit as to—
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 circumstances and the reasons for the taking; and
the suitability for that purpose of the person who has taken the child into his care, custody or control.
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—
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
permit the taking of the child on such terms and conditions as the Protector may require.
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—
place
“place” includes any building, house, office, shop, flat, room or cubicle or part thereof, any open or enclosed space, and any conveyance;
be taken out of the care, custody or control of such person; and
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be placed—
in the care of a relative or fit and proper person on such terms and conditions as the Protector may require;
in a centre; or
in a place of safety, until the child attains the age of eighteen years or for any shorter period.
For the purposes of this section, a “person” includes an institution or a centre—
centre
“centre” means a shelter established or operated by any person including a State Government, either— (a) individually; or (b) through a co-operation or joint-venture with the Federal Government, as approved by the Minister for the purpose of care, protection and rehabilitation of children under section 53a;
not maintained by the Federal Government or by any of the State Governments; or
not approved by the Minister.
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.
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.