PART 1 | 1. This Act is the Children and Young Persons Act 1993. |
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 1951 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‑General 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, and includes a forensic medical examination; |
“care‑giver” —| (a) | in relation to a child or young person who is the subject of a voluntary care agreement, means a person to whose care the child or young person is committed under the voluntary care agreement; | | (b) | in relation to a child or young person who is the subject of an order made under section 54, means —| (i) | if the child or young person is committed to the care of a fit person — the fit person; or | | (ii) | if the child or young person is committed to a place of safety or place of temporary care and protection — the person‑in‑charge of the place of safety or place of temporary care and protection (as the case may be), or such employee at the place of safety or place of temporary care and protection (as the case may be) whom the Director‑General or a protector thinks is competent to provide care, protection and supervision to the child or young person; |
| | (c) | in relation to a child or young person who is the subject of an order made under section 56(2), or section 57 (read with section 56), means the fit person to whose care the child or young person is committed under the order; and | | (d) | in relation to a child or young person who is the subject of an order made under section 59, means —| (i) | if the child or young person is committed to the care of a fit person — the fit person; or | | (ii) | if the child or young person is committed to a place of safety — the person‑in‑charge of the place of safety, or such employee at the place of safety whom the Director‑General or a protector thinks is competent to provide care, protection and supervision to the child or young person; |
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| “child” means a person who is below 14 years of age; |
| “development” means physical, intellectual, psychological, emotional, social or behavioural development; |
| “Director‑General” means the Director‑General of Social Welfare; |
“emotional harm”, in relation to a child or young person, means any serious impairment to the growth, development, or behavioural, cognitive or affective functioning, of the child or young person, and includes —| (a) | delayed mental and physical development of the child or young person; | | (b) | a child or young person assessed by the Director‑General, a protector or an approved welfare officer to be of danger to himself or herself or to other persons; | | (c) | a child or young person assessed by the Director‑General, a protector or an approved welfare officer to be severely withdrawn, anxious or depressed; and | | (d) | a child or young person diagnosed by a medical practitioner as having a mental health condition such as post‑traumatic stress disorder, anxiety, depression or psychosomatic disorder; |
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“fit person” means —| (a) | a foster parent; or | | (b) | such other person whom the court, the Director‑General or a protector, having regard to the character of the person, thinks is competent to provide care, protection and supervision to a child or young person; |
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“foster parent”, in relation to a child or young person, means a person —| (a) | whom the Director‑General or a protector, having regard to the character of the person, thinks is competent to provide care, protection and supervision to the child or young person; and | | (b) | who gives an undertaking to the Director‑General or protector (as the case may be) to provide care, protection and supervision to the child or young person; |
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| “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; |
| “ill-treatment”, in relation to a child or young person, has the meaning assigned to it in section 6; |
| “juvenile” means a person who is 10 years of age or older but below 16 years of age; |
| “juvenile rehabilitation centre” means any institution or part thereof appointed or established under Part 6 as a juvenile rehabilitation centre; |
| “licence” means a licence issued under section 63 and licensee is to be construed accordingly; |
| “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 63; |
“person‑in‑charge”, in relation to a juvenile rehabilitation centre, home for children and young persons, place of detention, place of safety, place of temporary care and protection or remand home, means —| (a) | a director, manager or superintendent of that centre, home or place; or | | (b) | any other person having the management or control of that centre, home or place; |
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| “place” includes any vessel, conveyance, house, building, enclosure, street, land or open space; |
| “place of detention” means a place provided or appointed by the Minister as a place of detention under section 81(1); |
| “place of safety” means any institution or part thereof appointed or established under Part 6 as a place of safety; |
| “place of temporary care and protection” means any place or institution designated to be a place of temporary care and protection under section 31 or any other suitable place the occupier of which is willing temporarily to receive a child or young person committed under section 10, 11 or 54; |
| “protector” means any public officer or other person who is appointed or authorised by the Director‑General 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 1997, and includes a dentist registered under the Dental Registration Act 1999; |
“relevant offence” means —| (a) | any offence under Part 2; | | (b) | any offence under Chapter 16 of the Penal Code 1871; or | | (c) | any offence involving the causing of bodily injury to a child or young person; |
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| “remand home” means any home or institution or part thereof provided or appointed by the Minister as a remand home under section 79(1) for the detention of juveniles sent there under the provisions of this Act; |
| “Review Board” means the Review Board appointed under section 68; |
| “voluntary care agreement” means a care agreement entered into between the Director‑General and the parent or guardian of a child or young person under section 15 to secure the safety and welfare of the child or young person; |
“young person” means —| (a) | for the purpose of section 35, 36(1), 37, 38, 39, 41, 42, 43, 44, 45, 46, 47, 49, 50, 60(1), 79, 80 or 81, a person who is 14 years of age or older but below 16 years of age; and | | (b) | for the purpose of any other provision in this Act, a person who is 14 years of age or older but below 18 years of age. [22/2007; 3/2011; 30/2019] |
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(2) In reckoning the age of a person for the purposes of this Act —| (a) | the person is taken to have attained a particular age expressed in years on the relevant anniversary of the person’s birth; | | (b) | a reference to the anniversary of the birth of the person in paragraph (a) is a reference to the day on which the anniversary occurs; and | | (c) | where a person was born on 29 February in any year, then, in any subsequent year that is not a leap year, the anniversary of that person’s birth is taken to be 28 February in that subsequent year. [30/2019] |
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(3) For the purposes of this Act —| (a) | “category 1 matter” means any matter relating to the day‑to‑day care of a child or young person but does not include such other matter as may be prescribed; | | (b) | “category 2 matter” means any matter that does not relate to the day‑to‑day care of a child or young person but is ordinarily made in the course of providing care for the child or young person (as prescribed in regulations); and | | (c) | “category 3 matter” means a matter prescribed, being neither a category 1 matter nor a category 2 matter. [30/2019] |
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| Administration and enforcement of Act |
3.—(1) [Deleted by Act 30 of 2019]| (2) The Director‑General is responsible for the administration and enforcement of this Act, subject to the general or special directions of the Minister. [30/2019] |
(3) The Director‑General 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‑General or a protector under this Act, subject to such conditions and limitations as may be specified by the Director‑General. |
[30/2019] |
| (4) The Director‑General 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. [30/2019] |
| (5) The Director‑General and any public officer or other person appointed or authorised by the Director‑General under subsection (3) and any approved welfare officer are deemed to be public servants within the meaning of the Penal Code 1871. [30/2019] |
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4. 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 | | (b) | in all matters relating to the administration or application of this Act, the welfare and best interests of the child or young person must be the first and paramount consideration. [3A [3/2011] |
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