On 19/05/2013,
you requested for the version in force on 19/05/2013
incorporating all amendments published on or before 19/05/2013.
The closest version currently available is that of 20/07/2011.
PART VI
BEHAVIOUR MANAGEMENT AND DISCIPLINE
22. Every resident of a home shall obey the lawful orders of the staff of the home.
23. Every member of the staff of a home shall treat every resident of the home fairly and firmly in the enforcement of discipline.
24. The Head of Home may from time to time issue such orders, rules and directions as may be necessary for the maintenance of the discipline of the residents of the home under his charge.
25.
—(1) Where the imposition of punishment on any resident of a home is necessary for the maintenance of discipline, the punishment shall be administered according to the discretion of the Head of the home or a member of the staff of the home who is authorised by that Head of Home.
(2) For the purposes of paragraph (1), a Head of a home or a member of the staff of the home authorised by him may impose any one or more of the following forms of punishment (and no other forms) on a resident of the home:
(a)
forfeiture or curtailment of rewards and privileges or deprivation of social activities for a specified period, except that the privileges forfeited shall not include the reception of visits from the resident’s parent or guardian;
(b)
performance of extra duties in and around the buildings or grounds of the home;
(c)
separation from other residents of the home in accordance with regulation 26;
(d)
corporal punishment in accordance with regulation 27.
(3) The Head of a home shall —
(a)
record in the discipline book —
(i)
the reasons for his decision to impose any punishment on any resident of the home; and
(ii)
the form of punishment imposed; and
(b)
inform the resident’s parent or guardian as soon as possible of the disciplinary action that has been taken and the punishment that has been imposed on the resident.
26.
—(1) Where a resident of a home is guilty of serious misconduct, the Head of the home may, in his discretion, separate the resident from the other residents in the home.
(2) Any such punishment under paragraph (1) shall only be imposed on a resident of a home subject to the following conditions:
(a)
no resident below 12 years of age shall be separated from the other residents in the home;
(b)
the room in which the resident is kept separate from the other residents shall be bright and airy and kept lighted after dark;
(c)
the resident who is kept separate from the other residents shall be provided with means of communication with a member of the staff of the home; and
(d)
no resident shall be separated from the other residents in the home for a period exceeding 30 days except with the prior approval of the Director.
(3) The Head of a home shall record in the discipline book, the reasons for his decision to separate any resident from the other residents in the home, and the period of the separation.
27.
—(1) The Head and the staff of a home shall make every effort to enforce discipline within the home without resort to corporal punishment.
(2) The Head of a home must be satisfied after an inquiry and before imposing any corporal punishment that the resident of the home is guilty of serious misconduct and the misconduct is of such a nature as to warrant the imposition of corporal punishment.
(3) The Head of a home must seek the approval of the licensee or the management committee of the home before imposing corporal punishment on any resident of the home.
(4) The Head of a home shall record in the discipline book the particulars and evidence of the alleged misconduct of a resident of the home, his findings on the evidence, and the grounds of his decision to impose corporal punishment on the resident.
(5) Corporal punishment shall only be administered by way of caning and subject to the following conditions:
(a)
where corporal punishment is to be administered to a male resident of a home —
(i)
it shall be administered by the Head of the home, or a member of the staff of the home authorised by the Head in the presence of another member of the staff who shall sign in the punishment book as a witness to the carrying out of the punishment;
(ii)
the number of strokes inflicted shall not exceed 10;
(iii)
the strokes may be inflicted on the resident’s palm or on his buttocks over his clothes; and
(iv)
it shall not be administered in the presence of any other resident of the home; and
(b)
where corporal punishment is to be administered to a female resident of a home —
(i)
it shall be administered by a female member of the staff of the home authorised by the Head of the home in the presence of another female member of the staff who shall sign in the punishment book as a witness to the carrying out of the punishment;
(ii)
the number of strokes inflicted shall not exceed 10;
(iii)
the strokes shall be inflicted on the resident’s palm only; and
(iv)
it shall not be administered in the presence of any other resident of the home.
(6) Corporal punishment shall not be administered to any resident who suffers from any physical or mental disability.
28.
—(1) No member of the staff of a home shall subject any resident to any form of unauthorised corporal punishment.
(2) In this regulation, “unauthorised corporal punishment” includes striking, cuffing, shaking or punching a resident, or subjecting him to any other form of physical violence except for that permitted in accordance with regulation 27.
29. Where a resident of a home returns to the home after —
(a)
having initially failed to return to the home immediately after the expiry of his home leave or special leave; or
(b)
having escaped from a home,
the Head of the home shall, within 7 days after the return of the resident ––
(i)
compute the period during which the resident was at large;
(ii)
issue a certificate stating the period during which the resident was at large;
(iii)
cause a copy of the certificate issued under paragraph (ii) to be furnished and explained to the resident who shall thereafter acknowledge it and to the parent or guardian of the resident; and
(iv)
where the resident was admitted to a home pursuant to a statutory order, submit a copy of the certificate to the Juvenile Court.
30. Where a resident of a home has failed to return to the home immediately after his home leave or special leave, or after having escaped from the home, the Head of that home may impose one or both of the following forms of punishment on the resident:
(a)
keep him separated from the other residents for up to a maximum period of 30 days, subject to the conditions in regulation 26 being complied with;
(b)
impose corporal punishment on the resident in accordance with regulation 27.