Child Act 2001 · Updated to 1 Jul 2023 · Part VII · Beyond Control
46. Children beyond control
Feedback & supportAn application in writing may be made to the Court For
Court
“Court” means the Court For Children or any other Court, as the case may require;
Children to detain a child in a probation hostel or centre—
probation hostel
“probation hostel” means a hostel established or appointed under section 61 as a place of residence for children required to reside there under sections 46 and 98;
by a parent or guardian of a child, on the ground that the parent or guardian is unable to exercise proper supervision and control over the child and the child is falling into bad association; or
by a Protector in the case of a child who has no parent or guardian or has been abandoned by his parent or guardian and after reasonable inquiries the parent or guardian cannot be found, on the ground that the child is not under proper supervision and control and the child is falling into bad association.
Upon receiving the application under paragraph (1)(a), the
Court For Children shall ascertain that the parent or guardian—
Court For Children
“Court For Children” means the Court For Children constituted under section 11;
understands the nature and consequences of his application;
and
agrees to proceed with the application.
After receiving the application under subsection (1) and in the case of the application made under paragraph (1)(a) the ascertainment under subsection (2) has been made, the Court For
Children—
shall immediately inquire into the circumstances of the child’s case;
shall direct the probation officer to prepare and submit a probation report to the Court For Children for the Court to determine whether an order under subsection (5) may be made in respect of the child; and
may order the child to be temporarily detained in a probation hostel or centre if it considers necessary to do so.
In order to enable the probation officer to prepare and submit the probation report referred to in paragraph (3)(b), the
probation officer
“probation officer” means a probation officer appointed under section 10;
Court For Children may, from time to time, adjourn the case for such period not exceeding one month at a time.
The Court For Children may, after considering the probation report referred to in paragraph (3)(b) and taking into consideration that it is desirable to place a child in a family based care—
probation report
“probation report” means a report prepared by a probation officer under subsection 90(13);
make an order placing the child in the care of a fit and proper person;
make an order placing the child in a centre;
make an order detaining the child in a probation hostel;
or
make an order placing the child under the supervision of—
a probation officer; or
any person appointed for the purpose by the
Court, for a period specified by the Court.
In addition to an order made under paragraph (5)(a), (b)
or (c), the Court For Children shall make an order placing the child under the supervision of—
a probation officer; or
any person appointed for the purpose by the Court, for a period not exceeding three years from the date of the order.
The Court For Children may, in making any order under subsection (5), 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:
that the parent or guardian of the child shall visit the child on a regular basis as determined by the Court For
Children;
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that the parent or guardian of the child accompanied by the child shall attend interactive workshops organized at designated centres established for such purpose;
that the parent or guardian of the child accompanied by the child shall attend counselling sessions conducted by a counsellor; or
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.
Any parent or guardian who fails to comply with any of the conditions imposed or directions given under subsection (7)
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;
commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit.