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(3) The Court For Children, in any case— (a) may, if the Court For Children is satisfied that it is in the interest of justice to do so; and (b) shall, in the case of an application by or with the authority of a Protector, dispense with the requirements of this section to such an extent as the Court may deem expedient. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(4) Any person who contravenes subsection (1) or (2) commits an offence and shall on coviction be liable to a fine not exceeding ten thousand ringgit or to imprisonraent for a term not exceeding five years or to both.
(5) For the purposes of this section, "transmit" includes broadcast by radio or television.
Presumption as to age 16. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(1) If in a charge for an offence triable under this Act— (a) it is alleged that the person who committed the offence was under or had attained any specified age; and (b) that person appears to the Court For Children to have been at the date of the commission of the alleged offence under or to have attained the specified age, as the case may be, he shall, for the purposes of this Act, be presumed at that date to have been under or to have attained that age, as the case may be, and.any order made therein shall not be invalidated by any subsequent proof that the age has been incorrectly stated. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Child 27 (2) If the Court For Children is in doubt as to the exact age of the person who is alleged to have committed an offence, the certificate of a medical officer to the effect that, in his opinion, the person has or has not attained a specified age may be given in evidence, and the Court For Children shall declare that person's age for the purposes of this Act. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(3) The age so declared by the Court For Children under subsection (2) shall be deemed to be the true age of that person, unless and until the contrary is proved.
PART V CHILDREN IN NEED OF CARE AND PROTECTION CHAPTER 1 GENERAL Meaning of child in need of care and protection 17. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(1) A child is in need of care and protection if— (a) the child has been or there is substantial risk that the child will be physically injured or emotionally injured or sexually abused by his parent or guardian or a member of his extended family; (b) the child has been or there is substantial risk that the child will be physically injured or emotionally injured or sexually abused and his parent or guardian, knowing of such injury or abuse or risk, has not protected or is unlikely to protect the child from such injury or abuse; (c) the parent or guardian of the child is unfit, or has neglected, or is unable, to exercise proper supervision and control over the child and the child is falling into bad association; (d) the parent or guardian of the child has neglected or is unwilling to provide for him adequate care, food, clothing and shelter; (e) the child— (i) has no parent or guardian; or 28 Laws of Malaysia ACT 611 (ii) has been abandoned by his parent or guardian and after reasonable inquiries the parent or guardian cannot be found, and no other suitable person is willing and able to care for the child; (f) the child needs to be examined, investigated or treated— (i) for the purpose of restoring or preserving his health; and (ii) his parent or guardian neglects or refuses to have him so examined, investigated or treated; (g) the child behaves in a manner that is, or is likely to be, harmful to himself or to any other person and his parent or guardian is unable or unwilling to take necessary measures to remedy the situation or the remedial measures taken by the parent or guardian fail; (h) there is such a conflict between the child and his parent or guardian, or between his parents or guardians, that family relationships are seriously disrupted, thereby causing him emotional injury; (i) the child is a person in respect of whom any of the offences specified in the Pirst Schedule or any offence of the nature described in sections 31, 32 and 33 has been or is suspected to have been committed and his parent or | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
to have been committed and his parent or guardian— (i) is the person who committed such offence or is suspected to have committed such offence; or (ii) has not protected or is unlikely to protect him from such offence; (j) the child is— (i) a member of the same household as the child referred to in paragraph (i);or Child 29 (ii) a member of the same household as the person who has been convicted of the offence referred to in paragraph (i), and appears to be in danger of the commission upon or in respect of him of a similar offence and his parent or guardian— (aa) is the person who committed or is suspected to have committed the offence; (bb) is the person who is corwicted of such offence; or (cc) is unable or unwilling to protect him from such offence; (k) the child is allowed to be on any street, premises or place for the purposes of— (i) begging or receiving alms, whether or not there is any pretence of singing, playing, performing or offering anything for sale; or (ii) carrying out illegal hawking, illegal lotteries, gambling or other illegal activities detrimental to the health and welfare of the child. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(2) For the purposes of this Part, a child is— (a) physically injured if there is substantial and observable injury to any part of the child's body as a result of the non-accidental application of force or an agent to the child's body that is evidenced by, amongst other things, a laceration, a contusion, an abrasion, a scar, a fracture or other bone injury, a dislocation, a sprain, haemorrhaging, the rupture of a viscus, a burn, a scald, the loss or alteration of consciousness or physiological functioning or the loss of hair or teeth; (b) emotionally injured if there is substantial and obseryable impairment of the child's mental or emotional functioning that is evidenced by, amongst other things, a mental or behavioural disorder, including anxiety, depression, withdrawal, aggression or delayed development; 30 Laws ofMalaysia ACT 611 (c) sexually abused if he has taken part, whether as a participant or an observer, in any activity which is sexual in nature for the purposes of— (i) any pornographic, obscene or indecent material, photograph, recording, film, videotape or performance; or (ii) sexual exploitation by any person for that person's or another person's sexual gratification. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
CHAPTER 2 TEMPORARY CUSTODY AND MEDICAL EXAMINATION AND TREATMENT Taking a child into temporary custody 18.
Any Protector or police officer who is satisfied on reasonable grounds that a child is in need of care and protection may take the child into temporary custody, unless the Protector or police officer is satisfied that— (a) the taking of proceedings in relation to the child is undesirable in the best interests of the child; or (b) the proceedings are about to be taken by some other person. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Production before Court For Children 19.
(1) Subject to section 20, every child who is taken into temporary custody under section 18 shall be brought before a Court For Children within twenty-four hours exclusive of the time necessary for the journey from the place the child was so taken into custody to the Court For Children. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(2) If it is not possible to bring a child before a Court For Children within the time specified in subsection (1), the child shall be brought before a Magistrate who may direct that the child be placed in— (a) a place of safety; or (b) the care of a fit and proper person, until such time as the child can be brought before a Court For Children. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Child 31 (3) If a child is placed in a place of safety or in the care of a fit and proper person under subsection (2)— (a) the person in charge of the place of safety or such fit and proper person shall have the like control over, and responsibility for the maintenance of, the child as the parent of the child would have had; and (b) the child shall continue in the care of the person referred to in paragraph (a) notwithstanding that the child is claimed by his parent or guardian or any other person. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(4) A Protector who takes a child into temporary custody under this section shall, immediately upon such taking, cause the parent or guardian of the child to be notified of such taking.
(5) A police officer who takes a child into temporary custody under this section shall, immediately upon such taking, notify the Protector of such taking.
Child in need of medical examination or treatment 20. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(1) If a Protector or police officer who takes a child into temporary custody under section 18 is of the opinion that the child is in need of medical examination or treatment, the Protector or police officer may, instead of bringing the child before a Court For Children or Magistrate, as the case may be, present the child before a medical officer. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(2) If at the time of being taken into custody a child is a patient in a hospital, the Protector or police officer who takes the child into custody may leave the child in the hospital. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(3) If a Protector or police officer does not take a child into temporary custody under section 18 but he is satisfied on reasonable grounds that the child is in need of medical examination or treatment, he may direct in writing the person who appears to him to have the care of the child for the time being to immediately take the child to a medical officer. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(4) If the person referred to in subsection (3) fails to comply within forty-eight hours with a direction made under that subsection, a Protector or police officer may take the child into temporary 32 Laws of Malaysia ACT 611 custody for the purpose of presenting the child before a medical officer.
Medical examination and treatment 21. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
A medical officer before whom a child is presented under subsection 20(1) or (4)— (a) shall conduct or cause to be conducted an examination of the child; (b) may, in examining the child and if so authorized by a Protector or police officer, administer or cause to be administered such procedures and tests as may be necessary to diagnose the child's condition; and (c) may provide or cause to be provided such treatment as he considers necessary as a result of the diagnosis. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Authorization of hospitalization 22.
If the medical officer who examines a child under section 21 is of the opinion that the hospitalization of the child is necessary for the purposes of medical care or treatment, a Protector or police officer may authorize the child to be hospitalized.
Control over hospitalized children 23. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Control over hospitalized children 23.
If a child is hospitalized under section 22, the Director General shall have the like control over, and responsibility for the maintenance of, that child as a person in charge of a place of safety would have had if the child had been placed in that place of safety.
Authorization of medical treatment 24. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Authorization of medical treatment 24.
(1) If, in the opinion of a medical officer, the child referred to in section 21 requires treatment for a minor illness, injury or condition, a Protector or police officer may authorize such treatment. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(2) If, in the opinion of a medical officer, the child referred to in section 21 is suffering from a serious illness, injury or condition Child 33 or requires surgery or psychiatric treatment, a Protector or police officer— (a) shall immediately notify or take reasonable steps to notify and consult the parent or guardian of the child or any person having authority to consent to such treatment; and (b) may, with the written consent of the parent or guardian or such person, authorize such medical or surgical or psychiatric treatment as may be considered necessary by a medical officer. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(3) If a medical officer has certified in writing that there is immediate risk to the health of a child, a Protector may authorize, without obtaining the consent referred to in subsection (2), such medical or surgical or psychiatric treatment as may be considered necessary by the medical officer but only under any of the following circumstances: (a) that the parent or guardian of the child or any person having authority to consent to such treatment has unreasonably refused to give, or abstained from giving, consent to such treatment; (b) that the parent or guardian or the person referred to in paragraph (a) is not available or cannot be found within a reasonable time; or (c) the Protector belieyes on reasonable grounds that the parent or guardian or the person referred to in paragraph (a) has ill-treated, neglected, abandoned or exposed, or sexually abused, the child. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Steps to be taken after medical examination or treatment 25.
(1) A child who is taken into custody under section 18 and is medically examined or treated under section 21 shall be brought before a Court For Children within twenty-four hours— (a) of the completion of such examination or treatment; or (b) if the child is hospitalized, of Jiis discharge from the hospital. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
34 Laws of Malaysia ACT 611 (2) If it is not possible to bring the child before a Court For Children within the time specified in subsection (1), the child shall be brought before a Magistrate who may direct that the child be placed in— (a) a place of safety; or (b) the care of a fit and proper person, until such time as the child can be brought before a Court For Childrenr (3) A child who— (a) is taken into custody under subsection 20(4); and (b) subsequently undergoes medical examination or treatment, shall be returned to the person from whose care the child was taken— (aa) upon the completion of such examination or treatment; or (bb) if the child is hospitalized, upon his discharge from the hospital. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
No liability incurred for giving authorization 26.
(1) If a child is examined or treated pursuant to section 21 or 24— (a) the Protector or police officer who authorizes such examination or treatment; (b) the medical officer who examines or treats the child; and (c) all persons actirig in aid of the medical officer, shall not incur any liability at law by reason only that a child is examined or treated pursuant to that section. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(2) Nothing contained in subsection (1) relieves a medical officer from liability in respect of the examination or treatment of a child which liability he would have been subject to had the examination or treatment been carried out or administered with the consent of Child 35 the parent or guardian of the child or person having authority to consent to the examination or treatment.
Duty of medical officer or medical practitioner 27. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(1) If a medical officer or a registered medical practitioner believes on reasonable grounds that a child he is examining or treating is physically or emotionally injured as a result of being ill-treated, neglected, abandoned or exposed, or is sexually abused, he shall immediately inform a Protector. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(2) Any medical officer or registered medical practitioner who fails to comply with subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(3) If the registered medical practitioner referred to in subsection (1) is a medical officer, he may take the child referred to in that subsection into temporary custody until such time as the temporary custody of the child is assumed by a Protector or police officer.
Duty of member of the family 28. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Duty of member of the family 28.
(1) If any member of the family of a child believes on reasonable grounds that the child is physically or emotionally injured as a result of being ill-treated, neglected, abandoned or exposed, or is sexually abused, he shall immediately inform a Protector.
(2) Any member of the family who fails to comply with subsection (1) commits an offence and shall on conviction be released on a bond on conditions to be determined by the Court. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(3) Any member of the family who fails to comply with any of the conditions of the bond provided for in subsection (2) commits an offence and shall on conyiction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both.
36 Laws of Malaysia ACT 611 Duty of child care provider 29. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(1) If a child care provider belieyes on reasonable grounds that a child is physically or emotionally injured as a result of being ill-treated, neglected, abandoned or exposed, or is sexually abused, he shall immediately inform a Protector.
(2) Any child care provider who fails to comply with subsection (1) commits an offence and shall on conviction be liable to a fme not exceeding five thousand nhggit or to imprisonment for a term not exceeding two years or to both.
Powers of Court For Children 30. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(1) If 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 may— (a) order his parent or guardian to execute a bond to exercise proper care and guardianship for a period specified by the Court For Children; (b) make an order placing the child in the custody of a fit and proper person for a period specified by the Court For Children; (c) without rnaking any other order or in addition to an order made under paragraph (a) or (b), make an order placing the child under the supervision of— (i) a Protector; or (ii) some other person appointed for the purpose by the Court For Children, for a period specified by the Court For Children; (d) 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; or (e) in the case of a child who has no parent or guardian or who has been abandoned as described in paragraph \l(\)(e), make an order placing the child in the care, Child 37 custody and control of a foster parent found to be suitable by the Director General for a period of two years or until he attains the age of eighteen years, whichever is the shorter, and pending that, place the child in a place of safety. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(2) If the Court For Children makes an order under paragraph (1)(e), 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. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(3) If at any subsequent time the foster parent intends to return the child who has been placed in his care, custody and control under paragraph (l)fej, he shall report in person to the Protector and bring the child before the Protector, and the Protector shall place the child in a place of safety. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(4) If during the period mentioned in paragraph (1)(e) the parent or guardian of the child concerned has not claimed the child or made any appearance, the Court For Children may— (a) at the expiry of that period; and (b) 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— (aa) the parent's or guardian's consent for the adoption of the child shall be dispensed with; and (bb) the Adoption Act 1952 [Act 257} (in the case of a child not professing the religion of Islam) and the Registration of Adoptions Act 1952 [Act 253] shall be construed accordingly. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(5) 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. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
38 Laws of Malaysia ACT 611 (6) 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— (a) 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 (b) may include any written report of a Social W lfare Officer, a registered medical practitioner or any other person whom the Court For Children thinks fit to provide a report on the child. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(7) In order to enable the Protector to prepare and submit the report referred to in subsection (6), the Court For Children may— (a) from time to time, adjourn the case for such periods not exceeding two months at a time; and (b) 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). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(8) 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: (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; (b) 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 (c) 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. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(9) Any parent or guardian who fails to comply with any of the conditions imposed or directions given under subsection (8) Child 39 commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit.
(10) 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. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(11) 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. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(12) 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. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(13) A Court For Children may, on the application of— (a) a Protector; (b) the person in charge of a place of safety; or (c) the parent or guardian of a child, 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; or (bb) upon proof that the circurnstances under which the order was made have changed after the making of the order. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
CHAPTER 3 OPPENCES IN RELATION TO THE HEALTH AND WELEARE OF CHILDREN III -treatment, neglect, abandonment or exposure of children 31. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(1) Any person who, being a person having the care of a child— (a) abuses, neglects, abandons or exposes the child in a manner likely to cause him physical or emotional injury or causes or permits him to be so abused, neglected, abandoned or exposed; or 40 Laws of Malaysia ACT611 (b) sexually abuses the child or causes or permits him to be so abused, commits an offence and shall on corwiction be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding ten years or to both. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(2) The Court— (a) shall, in addition to any punishment specified in subsection (1), order the person coiwicted of an offence under that subsection to execute a bond with sureties to be of good behaviour for such period as the Court thinks fit; and (b) may include in the bond executed under paragraph (a) such conditions as the Court thinks fit. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(3) If a person who is ordered to execute a bond to be of good behaviour under subsection (2) fails to comply with any of the conditions of such bond, he shall be liable to a further fine not exceeding ten thousand ringgit or to a further imprisonment for a term not exceeding five years or to both. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(4) A parent or guardian or other person legally liable to maintain a child shall be deemed to have neglected him in a manner likely to cause him physical or emotional injury if, being able to so provide from his own resources, he fails to provide adequate food, clothing, medical or dental treatment, lodging or care for the child. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(5) A person may be coiwicted of an offence against this section notwithstanding that— (a) suffering or injury to the health of the child in question or the likelihood of suffering or injury to the health of the child in question was avoided by the action of another person; or (b) the child in question has died.
Children not to be used for begging, etc.
32. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Any person who causes or procures any child or, being a person having the care of a child, allows that child to be on any street, premises or place for the purposes of— (a) begging, receiving alms, whether or not there is any pretence of singing, playing, performing or offering anything for sale; or Child 41 (b) carrying out illegal hawking, illegal lotteries, gambling or other illegal activities detrimental to the health and welfare of the child, commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Offence to Ieave child without reasonable supervision 33. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Any person who, being a parent or a guardian or a person for the time being having the care of a child, leaves that child— (a) without making reasonable provision for the supervision and care of the child; (b) for a period which is unreasonable having regard to all the circumstances; or (c) under conditions which are unreasonable having regard to all the circumstances, commits an offence and shall on coiwiction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
CHAPTER 4 NOTIPICATION ON TAKING A CHILD INTO CARE, CUSTODY OR CONTROL Application and interpretation 34. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(1) This Chapter shall not apply to the taking of a child— (a) into the care, custody or control of any person— (i) in pursuance of an order of a Court of competent jurisdiction; or (ii) by any Protector or police officer acting under this Act; 42 Laws ofMalaysia ACT 611 (b) as an inmate of a place of safety or of an orphanage, hospital, institution or centre— (i) maintained by the Pederal Government or by any of the State Governments; or (ii) approved by the Minister; (c) as a boarder at an educational institution registered under any written law relating to education; and (d) who is regularly attending an educational institution registered under any written law relating to education into the custody of a friend or relative of his parent or guardian with the consent of his parent or guardian. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(2) In this Chapter, "guardian" of a child means a person— (a) lawfully appointed by deed or will or by the order of a competent Court to be the guardian of the child; or (b) who has lawfully adopted the child.
Notification of taking a child into care, custody or control 35. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(1) If a person takes a child into his care, custody or control— (a) that person; and (b) 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. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(2) On receiving any notification under subsection (1), the Protector shall make such inquiry as he thinks fit as to— (a) the circumstances and the reasons for the taking; and (b) the suitability for that purpose of the person who has taken the child into his care, custody or control. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Child 43 (3) 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— (a) 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 (b) permit the taking of the child on such terms and conditions as the Protector may require. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(4) 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 may by warrant under his hand order that the child— (a) be taken out of the care, custody or control of such person; and (b) be placed in a place of safety or in the custody of a relative or other fit and proper person on such terms and conditions as the Protector may require until the child attains the age of eighteen years or for any shorter period. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(5) For the purposes of this section, a "person" includes an institution or a centre— (a) not maintained by the Federal Government or by any of the State Gcwernments; or (b) not approved by the Minister.
(6) 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. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(7) 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.
44 Laws of Malaysia ACT 611 Subseguent obligations 36. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(1) If 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— (a) 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 (b) without his knowledge or consent, the child has left his care, custody or control, 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. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(2) On receiving a report under subsection (1), the Protector shall make a note of the report and shall if— (a) 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 (b) 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— (i) take the child into temporary custody until he can be returned to his parent or guardian or such person; and (ii) immediately send written information to the last known place of residence of his parent or guardian or of such person. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(3) Any person who fails to comply with subsection (1) commits an offence and shall on coiwiction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.
Child 45 Power of Protector to require child to be produced before him 37. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(1) If a Protector has reason to believe that there is, within the area or the State within which he exercises jurisdiction, a child in respect of whose taking no notification has been made pursuant to section 35, he may, by summons under his hand addressed to the person who has or is believed to have the care, custody or control of the child, require that person to appear and to produce the child before him at the time and place specified in the summons for the purposes of an inquiry under subsection (4). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(2) If a person on whom a summons has been served under subsection (1) fails to produce the child at the time and place specified in the summons, the Protector may apply to a Magistrate for a search warrant under section 111 to be issued to search for the child and to produce him before the Protector. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(3) Any child named or described in such warrant may be temporarily— (a) detained in a place of safety; or (b) placed in the custody of a relative or other fit and proper person on such terms and conditions as the Protector may require, until the Protector has completed his inquiry under this Chapter. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(4) The Protector shall make such inquiry as he thinks fit as to— (a) the circumstances and the reasons for the taking of the child referred to in subsection (1); and (b) the suitability of the person who has taken the child into his care, custody or control. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(5) If, after the inquiry mentioned in subsection (4), the Protector deems it expedient in the best interests of the child, he may— (a) 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 (b) permit the taking of the child on such terms and conditions as the Protector may require. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
46 Laws of Malaysia ACT 611 (6) If the taking of a child by any person has been permitted under paragraph (5)(b) subject to any term or condition and default is made in complying with such term or condition, the Protector may by warrant under his hand order that the child — (a) be taken out of the care, custody or control of such person; and (b) be placed in a place of safety or in the custody of a relative or other fit and proper person on such terms and conditions as the Protector may require until the child attains the age of eighteen years or for any shorter period. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
PART VI CHILDREN IN NEED OF PROTECTION AND REHABILITATION CHAPTER 1 GENERAL Meaning of child in need of protection and rehabilitation 38. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
A child is in need of protection and rehabilitation if the child— (a) is being induced to perform any sexual act, or is in any physical or social environment which may lead to the performance of such act; (b) lives in or frequents any brothel or place of assignation; or (c) is habitually in the company or.under the control of brothel-keepers or procurers or persons employed or directly interested in the business carried on in brothels or in connection with prostitution. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Removal of a child to place of refuge 39.
(1) Any Protector or police officer who is satisfied on reasonable grounds that a child is in need of protection and rehabilitation may order the child to be removed to a place of refuge and the child shall be temporarily detained in such place of refuge. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Child 47 (2) Every child who is temporarily detained under subsection (1) shall be brought before a Court For Children within twenty-four hours exclusive of the time necessary for the journey from the place where the child was so removed to the Court For Children. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(3) If it is not possible to bring a child before a Court For Children within the time specified in subsection (1), the child shall be brought before a Magistrate who may direct that the child be placed in a place of refuge until such time as the child can be brought before a Court For Children. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(4) If the Court For Children is satisfied that a child brought before it is in need of protection and rehabilitation, the Court For Children may order the child to be detained in a place of refuge until— (a) an inquiry under section 40 to inquire into the circumstances of the child's case has been completed; and (b) a report of the inquiry has been submitted to the Court For Children by the Protector under subsection 40(2). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(5) If the Court For Children is not satisfied that a child brought before it is in need of protection and rehabilitation, the Court For Children shall order the child to be returned to the care and custody of his parent or guardian.
Orders upon completion of an inquiry 40.
(1) An inquiry mentioned in subsection 39(4) shall be made by a Protector. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(2) A Protector shall complete the inquiry and submit the report of the inqury to the Court For Children within a period not exceeding one month from the date of the admission of a child to a place of refuge under subsection 39(1). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(3) If after considering the report submitted under subsection (2) the Court For Children is satisfied that any child brought 48 Laws of Malaysia ACT 611 before it is a child in need of protection and rehabilitation the Court may, subject to the other provisions in this section— (a) order the child to be detained 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) and the order shall be an authority for his detention in a place of refuge; (b) make an ordgj- placing the child for such 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; (c) 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 such 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; or (d) 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 such period not exceeding three years from the date of the order. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(4) The order made under paragraph (3)(a) or (d) may have the effect of extending the period of such detention or supervision, as the case may be, beyond the date on which the child attains the age of eighteen years.
(5) In determining what order to be made under subsection (3), the Court For Children shall treat the best interests of a child as the paramount consideration. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(6) Notwithstanding paragraph (3)(a), the Board of Yisitors of the place of refuge in which a child is being detained may reduce the period of detention 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. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Child 49 (7) The Court For Children shall, when making an order under paragraph (3)(a) or (d), 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 (3)(a), regular visits to the place of refuge where the child is placed; and (b) in the case of paragraph (3)(WJ, ensuring that the child remains indoors within stipulated times. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(8) Any person who— (a) is ordered to execute a bond under subsection (3) or (7), as the case may be; and (b) fails to comply with any of the conditions of such bond, commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(9) Any child sent to a place of refuge for detention under paragraph (3)(a) shall, on the expiration of the period of his detention whether by— (a) effluxion of time; or (b) 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. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(10) The period of supervision for the purpose of subsection (9) shall be determined by the Board of Yisitors 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 detention of the child.
(11) The Minister may on the application of the child or his parent or guardian exempt the child from the application of .
subsection (9) if he is satisfied that the case warrants such exemption. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
50 Laws of Malaysia ACT 611 (12) Without prejudice to the powers of the Board of Yisitors 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, 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. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(13) An order under subsection (3) shall not be made without giving the parent or guardian of the child an opportunity to attend and be heard.
(14) Notwithstanding subsection (13), an order under subsection (3) 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.
Children in urgent need of protection 41. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Children in urgent need of protection 41.
(1) Any child who is in urgent need of protection may on his own application in the prescribed form be received by the Protector into a place of refuge if the Protector is satisfied that the child is in urgent need of protection. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(2) A child is in urgent need of protection if there is reasonable cause to believe that— (a) the child is being threatened or intimidated for purposes of prostitution or for purposes of having sexual intercourse with another or for any immoral purpose; (b) the child is to be confined or detained by another in contravention of this Part; Child 51 (c) an offence against this Part is being or likely to be committed in respect of the child; or (d) if the child is a female, that she is pregnant out of wedlock. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(3) Subject to subsections (4) and (5), and if circumstances warrant it, the person in charge of any place of refuge may receive into the place of refuge any child who— (a) is in urgent need of protection; and (b) makes an application under this section to the person in charge. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(4) If the person in charge of a place ofrefuge receives any child under subsection (3), that child shall be brought before a Protector within twenty-four hours of his admission into the place of refuge with a full report of the circumstances.
(5) A child admitted under this section is permitted to reside in the place of refuge only so long as the Protector is satisfied that the child is in urgent need of protection under this section! | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(6) The Protector— (a) who receives a child under subsection (1); or (b) before whom a child is brought under subsection (4), shall immediately inform the Court For Children of such admission with a full report of the circumstances and shall in the like manner inform the Court of his departure.
Inquiries and detention of a child who has been bought or acquired under false pretences, etc.
42. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(1) If the Protector has reasonable cause to believe that a child— (a) has been brought into or is to be sent out of Malaysia and the custody of the child has been acquired either— (i) after having been purchased; or (ii) by fraud, false representation or false pretence, whether or not for the purpose of prostitution; 52 Laws of Malaysia ACT 611 (b) has been procured either within or outside Malaysia for the purpose of being used, trained ordisposed of as aprostitute; or (c) is being detained against his will for the purposes of— (i) prostitution or for immoral purposes; or (ii) being sent out of Malaysia for the purposes of prostitution or for immoral purposes, the Protector may order the child to be removed to a place of refuge and the child shall be temporarily detained in such place of refuge. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(2) Every child who is temporarily detained under subsection (1) shall be brought before a Court For Children within twenty-four hours exclusive of the time necessary for the journey from the place where the child was so removed to the Court For Children. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(3) If it is not possible to bring a child before a Court For Children within the time specified in subsection (1), the child shall be brought before a Magistrate who may direct that the child be placed in a place of refuge until such time as the child can be brought before a Court For Children. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(4) The Court For Children before whom a child is brought shall order the child to be detained in a place of refuge until— (a) an inquiry into the circumstances of the chihTs case has been completed; and (b) a report of the inquiry has been submitted to the Court For Children by the Protector under subsection (6).
(5) An inquiry referred to in paragraph (4)(a) shall be made by a Protector. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(6) The Protector shall complete the inquiry and submit the report of the inquiry to the Court For Children within a period not exceeding one month from the date of the admission of the child to the place of refuge. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Child 53 (7) If after considering the report submitted under subsection (6) the Court For Children is satisfied that a child brought before it is in need of protection and rehabilitation, the Court may— (a) order the child to be detained in a place of refuge for such period not exceeding three years from the date of the order as the Court may in the best interests of the child deem fit; or (b) make an order placing the child under the"supervision of a Social Welfare Officer appointed by the Court for such period not exceeding three years from the date of the order as the Court may in the interest of such child deem fit. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |