Malaysia legislation
Section 40
Section 40
(a)
make an order requiring the parent or guardian of the child to execute a bond, with or without sureties, as the Court For Children may determine, for a period not exceeding three years from the date of the order subject to such conditions as the Court thinks fit for the proper care and guardianship of the child;
(b)
make an order placing the child for a period not exceeding three years from the date of the order in the care of a person whether a relative or not who is willing and whom the Court For Children considers to be a fit and proper person to undertake the care of such child;
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(c)
make an order placing the child under the supervision of a Social Welfare Officer appointed for the purpose by the Court For Children, subject to such conditions as the Court thinks fit and for a period not exceeding three years from the date of the order;
(d)
make an order placing the child in a centre for a period not exceeding three years from the date of the order;
or
(e)
make an order placing the child in a place of refuge for a period of three years from the date of the admission of the child into a place of refuge under subsection 39(1)
or (1a), as the case may be, and the order shall be an authority for his placement in a place of refuge.
(2)
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.
(3)
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.
(4)
Notwithstanding subsection (3), an order under subsection (1)
may be made if the Court For Children is satisfied on the 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.
(5)
The order made under paragraph (1)(c) or (e) may have the effect of extending the period of such supervision or placement, as the case may be, beyond the date on which the child attains the age of eighteen years.
(6)
Notwithstanding paragraph (1)(e), the Board of Visitors of the place of refuge in which a child is being placed may reduce the period of the placement of the child but no reduction shall be made which will have the effect of enabling the child to be released from the place of refuge within twelve months from the date of his admission into the place of refuge as specified in that paragraph, except by the authority of the Minister.
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(7)
The Court For Children shall, when making an order under paragraph (1)(c) or (e), order the parent or guardian of a child to execute a bond for the duration of the order with such conditions which may include—
(a)
in the case of paragraph (1)(c), ensuring that the child remains indoors within stipulated times; and
(b)
in the case of paragraph (1)(e), regular visits to the place of refuge where the child is placed.
(8)
Any child sent to a place of refuge under paragraph (1)(e)
shall, on the expiration of the period of his placement whether—
(a)
by effluxion of time; or
(b)
by reason of any reduction made pursuant to subsection (6), be placed under the supervision of a Social Welfare Officer or other person appointed by the Protector for such purpose.
(9)
The period of supervision for the purpose of subsection (8) shall be determined by the Board of Visitors of the place of refuge on the recommendation of the Protector but shall not in any case exceed one year from the date of expiration of the period of placement of the child.
(10)
The Minister may, on the application of the child or his parent or guardian, exempt the child from the application of subsection (8) if he is satisfied that the case warrants such exemption.
(11)
Without prejudice to the powers of the Board of Visitors pursuant to subsection (6), the Court For Children may, on the application in writing made by—
(a)
a Protector;
(b)
the parent or guardian of the child to whom an order made under this section relates; or
(c)
the child,
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amend, vary or revoke any order made under this section—
(aa) if the Court For Children is satisfied that it is in the best interests of the child to do so; and
(bb) upon proof that the circumstances under which the order was made have changed after the making of the order.
(12)
A Court For Children may, in making any order under subsection (1), impose such conditions or give such directions as the Court thinks 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:
(a)
that the parent or guardian of the child accompanied by the child shall attend interactive workshops organized at designated centres established for such purpose; or
(b)
if the child is in an educational institution, that the parent or guardian of the child shall consult with the child’s teacher and head teacher or principal once a month.
(13)
Any parent or guardian who fails to comply with any of the conditions imposed or directions given under subsection (12)
commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit.
(14)
Any person who fails to comply with the conditions of the bond under paragraph (1)(a) or subsection (7) commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit.
Children in urgent need of protection