Child Act 2001 · Updated to 1 Jul 2023 · Chapter · Notification on Taking a Child Into Care, Custody or Control
36. Subsequent obligations
Feedback & supportIf the taking of a child has been notified to and permitted by a Protector under section 35, the person who has taken the child shall, if at any subsequent time—
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;
he intends to return the child to the care, custody or control of the parent or guardian of the child or any other person from whom the child was taken; or
without his knowledge or consent, the child has left his care, custody or control,
WJW22/0178 BI.indd 57 04/08/2023 3:33 PM report in person to the Protector and shall, whenever practicable, bring or cause to be brought before the Protector the child and the parent or guardian of the child or any other person from whom the child was taken.
On receiving a report under subsection (1), the Protector shall make a note of the report and shall if—
the child and the parent or guardian of the child or any other person from whom the child was taken are present at the time such report is received, return the child to his parent or guardian or such person, as the case may be; or
the parent or guardian of the child or any other person from whom the child was taken is not present at the time such report is received—
take the child into temporary custody until he can be returned to his parent or guardian or such person; and
immediately send written information to the last known place of residence of his parent or guardian or of such person.
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.