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Contents

Long Title

Part I PRELIMINARY

Part II PROTECTION OF CHILDREN AND YOUNG PERSONS

Welfare

Trafficking in Children

General

Part III JUVENILE COURT

Children and Young Persons in need of Care and Protection

Children and Young Persons beyond Parental Control

Additional powers of Juvenile Court

Part IIIA LICENSING OF HOMES FOR CHILDREN AND YOUNG PERSONS

Part IV REMAND HOMES

Part V PLACES OF DETENTION

Part VI JUVENILE REHABILITATION CENTRES AND PLACES OF SAFETY

Part VII PROVISIONS APPLICABLE TO PERSONS BEING DETAINED IN JUVENILE REHABILITATION CENTRES, PLACES OF SAFETY, REMAND HOMES AND PLACES OF DETENTION

Part VIII EXPENSES AND CONTRIBUTIONS

Part IX MISCELLANEOUS

Legislative History

Comparative Table

 
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Children and Young Persons Act
(CHAPTER 38)

(Original Enactment: Act 1 of 1993)

REVISED EDITION 2001
(31st December 2001)
An Act to provide for the welfare, care, protection and rehabilitation of children and young persons who are in need of such care, protection or rehabilitation, to regulate homes for children and young persons and to consolidate the law relating to children and young persons.
[3/2011 wef 20/07/2011]
[21st March 1993]
PART I
PRELIMINARY
Short title
1.  This Act may be cited as the Children and Young Persons Act.
Interpretation
2.
—(1)  In this Act, unless the context otherwise requires —
“approved institution” means an institution approved under section 12 of the Probation of Offenders Act (Cap. 252) for the reception of persons who may be required to reside therein by a probation order;
“approved welfare officer” means a person who is appointed by the Director under section 3(4) to carry out any investigation, assessment, supervision, consultation or evaluation in relation to any child or young person or the parent, guardian or family members thereof for the purpose of determining the welfare and state of development of such child or young person or for any other purpose under this Act;
“assessment” means an assessment to determine either the state of the health or development of the child or young person or whether the child or young person is in need of care or protection or both;
[3/2011 wef 20/07/2011]
“child” means a person who is below the age of 14 years;
“development” means physical, intellectual, psychological, emotional, social or behavioural development;
[3/2011 wef 20/07/2011]
“Director” means the Director of Social Welfare appointed under section 3(1) and, in relation to any provision in this Act in which the word is used, includes any public officer or other person who is appointed or authorised by the Director under section 3(3) to perform any of the duties or exercise any of the powers of the Director under that provision;
“fit person” means a person whom the court or the protector, having regard to the character of the person, thinks competent to provide care, protection and supervision of a child or young person;
“guardian”, in relation to a child or young person, includes any person who, in the opinion of the court having cognizance of any case in relation to the child or young person, or in which the child or young person is concerned, has for the time being the charge of, or control over, the child or young person;
“health” means physical or mental health;
“home for children and young persons” means any establishment the object of which is, or is held out to be, the provision of residential accommodation with board and personal care for children or young persons, for the purposes of their protection or rehabilitation or both;
[3/2011 wef 20/07/2011]
“ill-treatment”, in relation to a child or young person, has the meaning assigned to it in section 5;
“juvenile” means a male or female person who is 7 years of age or above and below the age of 16 years;
“juvenile rehabilitation centre” means any institution or part thereof appointed or established under Part VI as a juvenile rehabilitation centre;
[3/2011 wef 20/07/2011]
“licence” means a licence issued under section 52B and licensee shall be construed accordingly;
[3/2011 wef 20/07/2011]
“licensed home for children and young persons” means a home for children and young persons in respect of which a licence is issued under section 52B;
[3/2011 wef 20/07/2011]
“manager” includes a director, manager and superintendent or other person having the management or control of any juvenile rehabilitation centre, place of safety, remand home, place of detention or place of temporary care and protection;
[3/2011 wef 20/07/2011]
“place” includes any vessel, conveyance, house, building, enclosure, street, land or open space;
[3/2011 wef 20/07/2011]
“place of detention” means a place provided or appointed by the Minister as a place of detention under section 55(1);
“place of safety” means any institution or part thereof appointed or established under Part VI as a place of safety;
[3/2011 wef 20/07/2011]
“place of temporary care and protection” means any place or institution appointed or declared to be a place of temporary care and protection under section 27 or any other suitable place the occupier of which is willing temporarily to receive a child or young person committed under section 8A, 9 or 49;
[3/2011 wef 20/07/2011]
“protector” means the Director and includes any public officer or other person who is appointed or authorised by the Director under section 3(3) to exercise the powers and perform the duties of a protector under this Act;
“registered medical practitioner” means a medical practitioner registered under the Medical Registration Act (Cap. 174), and includes a dentist registered under the Dental Registration Act (Cap. 76);
[22/2007 wef 01/01/2008]
“relevant offence” means —
(a)
any offence under Part II;
(b)
any offence under Chapter XVI of the Penal Code (Cap. 224); or
(c)
any offence involving the causing of bodily injury to a child or young person;
“remand home” means any home or institution or part thereof provided or appointed by the Minister as a remand home under section 53(1) for the detention of juveniles sent there under the provisions of this Act;
“Review Board” means the Review Board appointed under section 52G;
[3/2011 wef 20/07/2011]
“voluntary care agreement” means a care agreement entered into between the Director and the parent or guardian of a child or young person to secure the safety and welfare of the child or young person;
[3/2011 wef 20/07/2011]
“young person” means a person who is 14 years of age or above and below the age of 16 years.
[20/2001]
(2)  For the purposes of this Act, a person shall be deemed to have already reached any specified age when he has since his birth completed that number of years of life reckoned according to the Gregorian calendar.
Appointment of Director of Social Welfare and other officers
3.
—(1)  The Minister may, by notification in the Gazette, appoint an officer to be the Director of Social Welfare.
[20/2001]
(2)  The Director shall be responsible for the administration and enforcement of this Act, subject to the general or special directions of the Minister.
[20/2001]
(3)  The Director may —
(a)
appoint any public officer; or
(b)
with the approval of the Minister, in writing authorise any other person,
to perform any of the duties or exercise any of the powers of the Director or a protector under this Act, subject to such conditions and limitations as may be specified by the Director.
[20/2001]
(4)  The Director may appoint any suitably qualified person as an approved welfare officer to carry out any investigation, assessment, supervision, consultation or evaluation in relation to any child or young person or the parent, guardian or family members thereof for the purpose of determining the welfare and state of development of such child or young person or for any other purpose under this Act.
[20/2001]
(5)  The Director and any public officer or other person appointed or authorised by him under subsection (3) and any approved welfare officer shall be deemed to be public servants within the meaning of the Penal Code (Cap. 224).
[2A
[20/2001]
Principles
3A.  The following principles apply for the purposes of this Act:
(a)
the parents or guardian of a child or young person are primarily responsible for the care and welfare of the child or young person and they should discharge their responsibilities to promote the welfare of the child or young person; and
[3/2011 wef 20/07/2011]
(b)
in all matters relating to the administration or application of this Act, the welfare and best interests of the child or young person shall be the first and paramount consideration.
[3/2011 wef 20/07/2011]