PART 3 34.—(1) Every court in dealing with a child or young person who is brought before it, either as being in need of care or protection, or as an offender or otherwise, is to do the following:| (a) | in a proper case, take steps for removing the child or young person from undesirable surroundings, and for securing that proper provision is made for the education or training of the child or young person; | | (b) | facilitate the protection and rehabilitation of the child or young person, and his or her reintegration with his or her family and with society; | | (c) | have regard to the needs of, and risks faced by, the child or young person, and facilitate the prevention of —| (i) | any recurrence of ill‑treatment of the child or young person; or | | (ii) | any contravention or further contravention of any written law by the child or young person. [30/2019] |
|
| (2) A court is not to order a child below 10 years of age to be sent to a juvenile rehabilitation centre, remand home or place of detention unless for any reason, including the want of a fit person of his or her own religious persuasion who is willing to undertake the care of him or her, the court is satisfied that he or she cannot suitably be dealt with otherwise. [28 [3/2011] |
|
| Children and young persons not to associate with adult offenders |
| 35. No child or young person while detained in a police station or while being conveyed to or from any court, or while waiting before or after attending in any criminal court, may be permitted to associate with an adult (not being a relative) who is charged with an offence other than an offence with which the child or young person is jointly charged. [29 |
| Bail of children and young persons arrested |
| 36.—(1) Where a person apparently below 16 years of age is arrested with or without warrant and he or she is not released, he or she must be brought before a Youth Court. [3/2011; 27/2014] | (2) Where the person cannot be brought immediately before a Youth Court as required under subsection (1), the police officer or other officer from a law enforcement agency making the arrest must, without unnecessary delay and within 48 hours after the person is arrested, take or send the person arrested before a Magistrate. [3/2011; 27/2014; 30/2019] |
(3) The Youth Court or Magistrate (as the case may be) before whom a person is brought under subsection (1) or (2) is to inquire into the case and is to determine whether —| (a) | the charge is one of an offence triable only by the General Division of the High Court; | | (b) | it is necessary in the interest of the person to remove him or her from association with any undesirable person; | | (c) | the person is likely to abscond; | | (d) | the person may commit further offences; | | (e) | it is necessary to —| (i) | prevent the loss or destruction of evidence relating to the offence with which the person is charged; or | | (ii) | prevent interference with any witness in respect of any such offence; or |
| | (f) | there is reason to believe that the release of that person would otherwise defeat the ends of justice. [3/2011; 27/2014; 40/2019] |
|
| (4) If none of the circumstances referred to in subsection (3) exist, the Youth Court or Magistrate is to release the person on a bond, with or without sureties, for such amount as will, in the opinion of the Youth Court or Magistrate, secure the attendance of the person upon the hearing of the charge. [3/2011; 27/2014] |
| (5) The bond must be entered into by the parent or guardian of the person or any other person responsible for the care and control of the person. [30 [3/2011] |
|
| Attendance at court of parent or guardian of child or young person charged with offence, etc. |
37.—(1) Subject to subsection (2), where a child or young person is charged with any offence or is brought before a court under the provisions of this Act or any other Act —| (a) | his or her parent or guardian must, unless the court otherwise orders, attend before the court during all stages of the proceedings; and | | (b) | the court may compel the attendance of the parent or guardian as if he or she were required as a witness in the proceedings. |
| (2) If it appears to a court to be necessary to do so in the interest of a child or young person, the court may require his or her parent or guardian to withdraw from the court. [31 |
|
| Constitution of Youth Court |
| 38.—(1) A judge of a Youth Court, when determining the method of dealing with a child or young person in respect of whom a written report is obtained by the Youth Court regarding his or her background, family history, school record or such other matters, is to sit with 2 advisers from a panel of advisers appointed by the President except that where it appears that the Court cannot without adjournment be fully constituted and that an adjournment would be inexpedient in the interests of justice, the judge may sit with one adviser or he or she may sit alone. [27/2014; 30/2019] (2) The function of the panel of advisers referred to in subsection (1) is to inform and advise the Youth Court with respect to —| (a) | any matter or consideration which may affect the treatment of any child or young person; or | | (b) | any order that may be made in respect of any child or young person brought before the Youth Court. [3/2011; 27/2014] |
|
| (3) Except as modified or extended by this Act, the provisions of the Criminal Procedure Code 2010 apply to a Youth Court as if that Court were a District Court. [32 [27/2014] |
|
| Jurisdiction of Youth Court |
| 39.—(1) Subject to the provisions of this section, no child or young person may be charged with or tried for any offence by a court of summary jurisdiction except a Youth Court. [27/2014] (2) Where a child or young person is charged with any offence triable only by the General Division of the High Court, he or she must be tried by the General Division of the High Court unless —| (a) | the Public Prosecutor applies to the Youth Court to try such offence; and | | (b) | the legal representative of the child or young person concerned consents to the offence being tried by the Youth Court. [27/2014; 40/2019] |
|
| (3) Where a charge is made jointly against a child or young person and a person who has attained 16 years of age, the charge must be heard by a court of appropriate jurisdiction other than a Youth Court. [27/2014] |
| (4) Where, in the course of any proceedings before any court of appropriate jurisdiction other than a Youth Court, it appears that the person to whom the proceedings relate is a child or young person, the court may, despite subsection (1), proceed with the hearing and determination of the proceedings if it thinks fit. [27/2014] |
| (5) A Youth Court has jurisdiction to try all offences which, but for subsections (1) and (2), would be triable only by a Magistrate’s Court, a District Court or the General Division of the High Court. [27/2014; 40/2019] |
| (6) A person who has attained 16 years of age on the date of commencement of the hearing of the charge must not be tried for any offence by a Youth Court. [27/2014] |
| (7) Where in the course of any trial before a Youth Court the child or young person to whom the trial relates attains 16 years of age, nothing in subsection (6) prevents the Youth Court, if it thinks fit, from proceeding with the trial and dealing with the child or young person in accordance with the provisions of this Act. [27/2014] |
| (8) In this section, “legal representative”, in relation to a child or young person who is charged with an offence, includes any person assisting the child or young person in his or her defence to the charge. [33 |
|
| Place of sitting and persons who may be present |
| 40.—(1) A Youth Court is to sit as often as may be necessary for the purpose of exercising any jurisdiction conferred on it by this or any other Act. [27/2014] (2) A Youth Court is to sit either in a different building or room from that in which sittings of courts other than Youth Courts are held, or on different days from those on which sittings of the other courts are held, and no person may be present at any sitting of a Youth Court except —| (a) | members and officers of the Court; | | (b) | parties to the case before the Court, their solicitors and counsel and witnesses and other persons directly concerned in that case; and | | (c) | such other persons, including representatives of newspapers or news agencies, as the Court may specially authorise to be present. [34 [27/2014; 30/2019] |
|
|
| Removal of disqualification or disability on conviction |
| 41. A conviction or finding of guilt of a child or young person is disregarded for the purposes of any Act under which any disqualification or disability is imposed upon convicted persons. [36 |
| Restrictions on punishment of children and young persons |
42.—(1) A child must not be sentenced or ordered to be imprisoned for any offence or be committed to prison in default of payment of a fine or costs.| (2) A young person must not be ordered to be imprisoned for any offence, or be committed to prison in default of a fine, damages or costs, unless the court certifies that he or she is of so unruly a character that he or she cannot be detained in a place of detention or juvenile rehabilitation centre. [3/2011] |
| (3) Despite the provisions of any other written law, no child or young person may be sentenced by any court other than the General Division of the High Court to corporal punishment. [37 [40/2019] |
|
| Punishment of certain grave crimes |
43.—(1) Where a child or young person is convicted of murder, or of culpable homicide not amounting to murder, or of attempted murder, or of voluntarily causing grievous hurt, and the court is of opinion that none of the other methods by which the case may legally be dealt with is suitable, the court may sentence the offender to be detained for such period as may be specified in the sentence.| (2) Where a sentence has been passed under subsection (1), the child or young person is, during that period, despite anything in the other provisions of this Act, liable to be detained in such place and on such conditions as the Minister may direct. |
| (3) A person detained pursuant to the directions of the Minister under this section is, while so detained, deemed to be in legal custody. |
| (4) Any person so detained may, at any time, be released by the Minister on licence. |
| (5) A licence referred to in subsection (4) may be in such form and contain such conditions as the Minister may direct and may at any time be revoked or varied by the Minister. |
| (6) Where a licence has been revoked, the person to whom the licence relates must return to such place as the Minister may direct, and if the person fails to do so he or she may be apprehended without warrant and taken to that place. [38 |
|
| Power to order parent or guardian to pay fine, etc., instead of child or young person |
| 44.—(1) Where a child or young person is charged before a Youth Court with any offence for the commission of which a fine may be imposed and damages or costs or both may be awarded, and the Court is of the opinion that the case would be best met by the imposition of all or any of those penalties whether with or without any other punishment, the Court may, in such case, and must, if the offender is a child or young person, order that the fine imposed and damages or costs awarded be paid by the parent or guardian of the child or young person, unless the Court is satisfied that the parent or guardian cannot be found or that the parent or guardian has not conduced to the commission of the offence by neglecting to exercise due care of the child or young person. [27/2014; 30/2019] | (2) Where a child or young person is charged with any offence, a Youth Court may order his or her parent or guardian to give security for the good behaviour of the child or young person. [27/2014] |
| (3) Where a Youth Court thinks that a charge against a child or young person is proved, the Court may make an order on the parent or guardian under this section for the payment of damages or costs or requiring him or her to give security for the good behaviour of the child or young person, without proceeding to record a finding of guilt against the child or young person. [27/2014] |
| (4) An order under this section may be made against a parent or guardian who, having been required to attend, has failed to do so, but, subject to subsection (1), no such order may be made without giving the parent or guardian an opportunity to be heard. |
| (5) Any sum imposed and ordered to be paid by the parent or guardian under this section, or on forfeiture of any such security, may be recovered from the parent or guardian in the manner provided by the Criminal Procedure Code 2010 in like manner as if the order had been made on the conviction of the parent or guardian of the offence with which the child or young person was charged. [39 |
|
| Power of other courts to remit juvenile offenders to Youth Court |
| 45.—(1) Any court by or before which a child or young person is found guilty of an offence may, if it thinks fit, remit the case to a Youth Court. [27/2014] | (2) Where any such case is so remitted, the offender must be brought before a Youth Court accordingly, and the Youth Court may deal with the offender in any way in which it might have dealt with the offender if he or she had been tried and found guilty by the Youth Court. [27/2014] |
| (3) No appeal lies against an order of remission made under subsection (1) but nothing in this subsection affects any right of appeal against the verdict or finding on which such an order is founded. |
| (4) A person aggrieved by the order of the Youth Court to which the case is remitted may appeal therefrom to the General Division of the High Court as if the person has been tried by, and had pleaded guilty before, the Youth Court. [27/2014; 40/2019] |
(5) A court by which an order remitting a case to a Youth Court is made under this section —| (a) | may give such directions as appear to be necessary with respect to the custody of the offender or for the offender’s release on bail until the offender can be brought before a Youth Court; and | | (b) | must cause to be transmitted to the Youth Court to which the case has been remitted a certificate setting out the nature of the offence and stating that the case has been remitted for the purpose of being dealt with under this section. [40 [27/2014] |
|
|
| Words “conviction” and “sentence” not to be used |
| 46.—(1) The words “conviction” and “sentence” cease to be used in relation to children and young persons dealt with by a Youth Court. [27/2014] | (2) Any reference in any written law to a person convicted, a conviction or a sentence is, in the case of a child or young person, construed as including a reference to a person found guilty of an offence, a finding of guilt or an order made upon such a finding, as the case may be. [41 |
|
| 47.—(1) Where a child or young person is brought before a Youth Court for any offence, it is the duty of the Court as soon as possible to explain to him or her in simple language suitable to his or her age and understanding the substance of the alleged offence. [27/2014] | (2) After explaining the substance of the alleged offence, the Youth Court is to ask the child or young person whether he or she admits the facts constituting the offence. [27/2014] |
| (3) If the child or young person does not admit the facts constituting the offence, the Youth Court is to then hear the evidence of the witnesses in support thereof. [27/2014] |
| (4) At the close of the evidence in chief of each witness, the witness may be cross‑examined by or on behalf of the child or young person. |
| (5) The Youth Court is to, except in any case where the child or young person is legally represented, allow his or her parents or guardian or, in their absence, any relative or other responsible person to assist the child or young person in conducting his or her defence. [27/2014] |
| (6) If in any case where the child or young person is not legally represented or assisted in his or her defence as provided for in subsection (5), the child or young person, instead of asking questions by way of cross‑examination, makes assertions, the Youth Court is to then put to the witness such questions as it thinks necessary on behalf of the child or young person and may, for this purpose, question the child or young person in order to bring out or clear up any point arising out of those questions. [27/2014] |
| (7) If it appears to the Youth Court that a prima facie case is made out, the Court is to explain to the child or young person the substance of the evidence against him or her and, in particular, any points therein which specially tell against him or her or require explanation and the child or young person must be allowed to give evidence upon oath or affirmation or to make a statement if he or she so desires and the evidence of any witness for the defence must be heard. [27/2014] |
| (8) If the child or young person admits the offence or the Youth Court is satisfied that it is proved, he or she and his or her parent or guardian, if present, must then be asked if they desire to say anything in extenuation or mitigation of the penalty or otherwise. [27/2014] |
| (9) Before deciding how to deal with the child or young person, the Youth Court may obtain such information as to his or her family background, general conduct, home surroundings, school record, medical history and state of development, as may enable it to deal with the case in the best interests of the child or young person, and may put to him or her any question arising out of such information. [27/2014] |
| (10) The information referred to in subsection (9) may include any written report of a probation officer, an approved welfare officer, a registered medical practitioner or any other person whom the Youth Court thinks fit to provide a report on the child or young person, and may be received and considered by the Court without being read aloud. [27/2014; 30/2019] |
(11) For the purpose of subsection (9), the Youth Court may —| (a) | require either or both the child or young person and the parent or guardian of the child or young person to furnish such information or render such assistance to the Youth Court as the Court thinks necessary; | | (b) | require either or both the child or young person and the parent or guardian of the child or young person to undergo such medical, psychological or other assessment as the Youth Court thinks necessary; and | | (c) | from time to time release the child or young person on bail or remand him or her in a place of detention in order to facilitate the carrying out of any requirement of the Youth Court under paragraph (a) or (b). [27/2014] |
|
| (12) The costs of and incidental to any assessment under subsection (11)(b) must be borne by the parent or guardian of the child or young person, unless the Youth Court directs otherwise. [27/2014] |
(13) Where the Youth Court has received and considered a written report of a probation officer, an approved welfare officer, a registered medical practitioner or any other person whom the Court thinks fit to provide a report on the child or young person —| (a) | the child or young person is to be told the substance of any part of the report bearing on his or her character or conduct which the Court considers to be material to the manner in which he or she should be dealt with; | | (b) | the parent or guardian, if present, is to be told the substance of any part of the report which the Court considers to be material to the manner in which the child or young person should be dealt with and which has reference to his or her character or conduct, or the character, conduct, home surroundings, or health of the child or young person; and | | (c) | if the child or young person or his or her parent or guardian having been told the substance of any part of any such report desires to produce evidence with reference thereto, the Court, if it thinks the evidence material, may adjourn the proceedings for the production of further evidence and may, if necessary, require the attendance at the adjourned hearing of the person who made the report. [27/2014] |
|
| (14) If in any case the Youth Court considers it necessary in the interests of the child or young person, the Court may require the parent or guardian of the child or young person (as the case may be) to withdraw from the Court. [42 [27/2014] |
|
48.—(1) Where, in a charge for an offence triable under this Act, it is alleged that the person by whom the offence was committed was below or had attained any specified age, and he or she appears to the court to have been at the date of the commission of the alleged offence below or to have attained the specified age (as the case may be) he or she is for the purposes of this Act presumed at that date to have been below or to have attained that age (as the case may be) and any order made therein is not invalidated by any subsequent proof that the age has been incorrectly stated.| (2) Where the court or a police officer dealing with any person by whom an offence is alleged to have been committed is in doubt as to the exact age of that person, the certificate of a registered medical practitioner who has assessed that person, stating to the effect that, in the medical practitioner’s opinion, that person has or has not attained a specified age, may be given in evidence. [43 |
|
| Powers of Youth Court on proof of offence |
49.—(1) Subject to the provisions of this section, where a Youth Court is satisfied that an offence has been proved, or where the child or young person (called in this section the offender) admits the facts constituting the offence, the Court, in addition to any other powers exercisable by virtue of this Act or any other written law for the time being in force, has power —| (a) | to discharge the offender; | | (b) | to discharge the offender upon the offender entering into a bond to be of good behaviour and to comply with such order as may be imposed; | | (c) | to commit the offender to the care of a relative or other fit person for a period to be specified by the Court; | | (d) | to order the offender’s parent or guardian to execute a bond to exercise proper care and guardianship and to abide by such order as the Court may make in relation to the welfare, maintenance and rehabilitation of the offender; | | (e) | to make a probation order requiring the offender to be under the supervision of a probation officer or a volunteer probation officer for a period of not less than 6 months and not more than 3 years; | | (f) | to make an order, in accordance with the prescribed requirements, requiring the offender to perform community service, not exceeding 240 hours in aggregate, of such nature and at such time and place and subject to such conditions as may be specified by the Court; | | (g) | to order the offender to be detained in a place of detention for a period not exceeding 6 months; | | (h) | to order the offender to be detained in a place of detention or an approved institution over such number of weekends, not exceeding 26, as the Court thinks fit; | | (i) | to order the offender to be sent to a juvenile rehabilitation centre for a period of not more than 3 years; | | (j) | to order the offender to pay a fine, damages or costs; | | (k) | to deal with the offender, or order the offender to be brought before a District Court to be dealt with, under section 305 of the Criminal Procedure Code 2010 if the offender —| (i) | has attained 16 years of age; or | | (ii) | having attained 14 years of age but being below 16 years of age, has previously been dealt with by a court in connection with another offence and had, in respect of that other offence, been ordered under paragraph (i) to be sent to a juvenile rehabilitation centre established under section 90, |
| and the Youth Court is satisfied that it is expedient with a view to the offender’s reformation that the offender should undergo a period of training in a reformative training centre. |
[3/2011; 27/2014] |
(2) For the purpose of subsection (1), the Youth Court has power —| (a) | to make the orders referred to in subsection (1)(b), (c), (d), (e), (f), (g), (h), (i) and (j) singly, or combine, in such manner as it thinks just and expedient in the circumstances —| (i) | any 2 or more of the orders referred to in subsection (1)(b), (c), (d), (e), (f) and (j); | | (ii) | any order under subsection (1)(g) with any one or more of the orders referred to in subsection (1)(d), (e) and (j); | | (iii) | any order under subsection (1)(h) with any one or more of the orders referred to in subsection (1)(c), (d), (e), (f) and (j); or | | (iv) | any order under subsection (1)(i) with any one or more of the orders referred to in subsection (1)(d) and (j); and |
| | (b) | without prejudice to paragraph (a)(ii) or (iii), to make an order under subsection (1)(h) to run consecutively to an order under subsection (1)(g). [27/2014] |
|
| (3) Where the Youth Court makes an order under subsection (1)(g) for the detention of an offender in a place of detention in combination with a probation order under subsection (1)(e), the period of the offender’s detention must not exceed 3 months. [27/2014] |
(4) If an offender, without reasonable excuse, contravenes any order made by the Youth Court under subsection (1) (called hereinafter the original order) or any condition thereof, the Youth Court may make such order as is necessary for the offender to be produced before it and thereafter, deal with the offender by —| (a) | making any order that the Court is empowered to make under subsection (1); | | (b) | varying the original order or any condition of the order; or | | (c) | directing the offender to comply with the original order or any condition of the order to the extent that the original order or condition of the order has not been complied with. [27/2014] |
|
| (5) Where an offender, while being detained in a place of detention or juvenile rehabilitation centre pursuant to an order under subsection (1)(g) or (i), is found guilty of another offence by the Youth Court, the Court may, instead of making a fresh order against the offender under subsection (1)(g) or (i), extend the period of detention that is being served by the offender. [3/2011; 27/2014] |
(6) Where a Youth Court is satisfied, on the representations of the person‑in‑charge of a juvenile rehabilitation centre, place of detention or place of safety, that a person ordered to be detained in the juvenile rehabilitation centre, place of detention or place of safety is of so unruly a character that he or she cannot be so detained, the Court may —| (a) | order the person to be transferred to and detained in a juvenile rehabilitation centre or in another juvenile rehabilitation centre (as the case may be) which the Court considers more suitable for him or her and to be detained there for the whole or any part of the unexpired period of detention; or | | (b) | deal with the person, or order the person to be brought before a District Court to be dealt with, under section 305 of the Criminal Procedure Code 2010 if the person —| (i) | has attained the age of 16 years; or | | (ii) | having attained 14 years of age but being below the age of 16 years, has previously been dealt with by a court in connection with another offence and had, in respect of that other offence, been ordered under subsection (1)(i) to be sent to a juvenile rehabilitation centre, |
| and the Youth Court is satisfied, having regard to the person’s character, previous conduct and the circumstances of the offence, that to reform the person and to prevent crime, he or she should undergo a period of training in a reformative training centre. |
[44 [3/2011; 27/2014; 30/2019] |
|
|
| Power to convene juvenile case conference to deal with child or young person guilty of offence |
50.—(1) Without affecting section 49, the Youth Court may, for the purpose of dealing with a child or young person who has been found guilty of committing an offence (called in this section the offender), convene a juvenile case conference in accordance with the prescribed requirements and a juvenile case conference so convened may deal with the offender by —| (a) | reprimanding the offender; | | (b) | administering a formal caution to the offender in the prescribed manner against further committing any offence; | | (c) | requiring the offender to pay compensation to the victim of the offence in such manner and of such amount as may be determined by the juvenile case conference; | | (d) | requiring the offender, in accordance with the prescribed requirements, to perform community service, not exceeding 240 hours in the aggregate, of such nature and at such time and place and subject to such conditions as may be specified by the juvenile case conference; | | (e) | requiring the offender to apologise to the victim of the offence in such manner as may be specified by the juvenile case conference; or | | (f) | requiring the offender to do such other act as the juvenile case conference thinks appropriate in the circumstances. [3/2011; 27/2014] |
(2) In exercising its powers under this section, the juvenile case conference must —| (a) | comply with the prescribed procedure; and | | (b) | have regard to the orders which may be made by the Youth Court under section 49 for dealing with a person who has been found guilty by the Court of a comparable offence. [3/2011; 27/2014] |
|
(3) If the offender fails —| (a) | to attend at the time and place appointed for a juvenile case conference; or | | (b) | to comply with any requirement of the juvenile case conference, |
| the juvenile case conference must report the matter to the Youth Court and the Court may thereupon make such order as is necessary for the offender to be produced before the Court and thereafter deal with the offender as the Court thinks fit in accordance with section 49. |
[3/2011; 27/2014] |
| (4) A person who attends a juvenile case conference (not being the offender, the parent or guardian of the offender or any other member of the offender’s family) must not divulge any personal information obtained at the conference relating to any of those persons. [3/2011] |
| (5) Any person who contravenes subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. [45 [3/2011] |
|
| Maximum age limit for detention in place of detention, juvenile rehabilitation centre or place of safety |
51. Subject to section 103 —| (a) | a person must not be detained in a place of detention after he or she has attained 18 years of age; | | (b) | a person must not be detained in a juvenile rehabilitation centre after he or she has attained 19 years of age; and | | (c) | a person must not be detained in a place of safety after he or she has attained 21 years of age. [47 [30/2019] |
|
| 52. Any child or young person or his or her parent or guardian, or the Director‑General or a protector, who is dissatisfied with any judgment or order of a Youth Court may appeal to the General Division of the High Court against the judgment or order in accordance with the provision of any law in force for the time being regulating appeals to the General Division of the High Court from a District Court. [48 [27/2014; 30/2019; 40/2019] |
53.—(1) An application to a Youth Court under section 54 or 56, section 57 (read with section 56) or section 59 (called in this section a relevant application) must —| (a) | be made in the same manner as an application for a summons is made to a District Court or Magistrate’s Court under the Criminal Procedure Code 2010; and | | (b) | be dealt with —| (i) | as if the relevant application is a complaint for the purposes of that Code; but | | (ii) | in accordance with only such provisions of that Code, and with such provisions of any other written law, as may be prescribed by the Family Justice Rules. [30/2019] |
|
| (2) An affidavit sworn for the purposes of a relevant application may contain statements of information or belief with the sources and grounds of the information or belief. [30/2019] |
| (3) Any matter relating to the service of summons issued by a Youth Court in connection with any proceedings under section 54 or 56, section 57 (read with section 56) or section 59 may be prescribed by the Family Justice Rules. [30/2019] |
| (4) To avoid doubt, proceedings under section 54 or 56, section 57 (read with section 56) or section 59 are not to be treated as criminal proceedings. [3/2011; 30/2019] |
| (5) All Family Justice Rules mentioned in this section must be presented to Parliament as soon as possible after publication in the Gazette. [48B [30/2019] |
|
| Powers of Youth Court in respect of children and young persons in need of care or protection |
54.—(1) Subject to the provisions of this section and on the application made by the Director‑General or a protector, if a Youth Court is satisfied that any person brought before it is a child or young person in need of care or protection, the Court may —| (a) | order the parent or guardian of the child or young person to enter into a bond to exercise proper care and guardianship of the child or young person for such period as may be specified by the Court; | | (b) | order —| (i) | the child or young person to be committed, for such period as the Court may specify, to the care of one of the following care‑providers as may be determined by the Director‑General or a protector:| (A) | a fit person; | | (B) | a place of safety; | | (C) | a place of temporary care and protection; and |
| | (ii) | that the Director‑General, a protector and the care‑giver of the child or young person may, without the consent of any parent or guardian of the child or young person but under the supervision of the Court, make decisions affecting the child or young person in accordance with section 55; or |
| | (c) | without making any order, or in addition to an order, under paragraph (a) or (b), make an order placing the child or young person under the supervision of the Director‑General, a protector, an approved welfare officer or any other person appointed for that purpose by the Court, for such period as may be specified by the Court. [30/2019] |
| (2) For the purposes of an order under subsection (1)(b), the Youth Court may further order that the determination by the Director‑General or protector as to the fit person to whom, or the place of safety or place of temporary care and protection to which, the child or young person is committed may be varied by the Director‑General or a protector (who may or may not have made the determination) during the period of the child’s or young person’s committal, even though the variation may result in the child or young person being committed to a different care‑provider, if the Director‑General or protector (as the case may be) thinks that it is in the best interests of the child or young person to do so. [30/2019] |
(3) Where —| (a) | a Youth Court has ordered the committal of a child or young person to the care of a fit person, or a place of safety or place of temporary care and protection (called in this subsection and subsection (4) the principal care‑provider) under subsection (1)(b); and | | (b) | the principal care‑provider is unable to provide care for the child or young person for a period that is at least 8 weeks, |
| the Director‑General or protector may arrange for the child or young person to be committed to the temporary care of another fit person, or a place of safety or place of temporary care and protection during that period, whether or not the arrangement would result in the child or young person being committed to a different care‑provider. |
[30/2019] |
| (4) An arrangement by the Director‑General or a protector under subsection (3) is not to be treated as a variation under subsection (2) if the child or young person is returned to the principal care‑provider before the end of the arrangement under subsection (3). [30/2019] |
| (5) Where any parent or guardian of the child or young person disagrees with a determination of the Director‑General or a protector under subsection (1)(b) or a variation of the determination under subsection (2), the parent or guardian (as the case may be) may apply to the Youth Court to review the determination or variation. [30/2019] |
| (6) After reviewing a determination under subsection (1)(b) or variation under subsection (2), the Youth Court may order that the child or young person be committed to the care of such fit person, or to such place of safety or place of temporary care and protection as specified by the Court. [30/2019] |
| (7) Where 3 variations have been made by the Director‑General or a protector under subsection (2) in respect of a child or young person before the expiry of the period specified by the Youth Court under subsection (1)(b)(i), and the Director‑General or a protector is of the view that a further variation during that period is necessary, the Director‑General or protector must apply to the Court for an order as to the appropriate fit person to whom, or the appropriate place of safety or place of temporary care and protection to which, the child or young person is to be committed. [30/2019] |
| (8) A Youth Court may, in making any order under subsection (1), impose such conditions or give such directions as it thinks fit for the purpose of ensuring the safety and well-being of the child or young person in respect of whom such order is made, and every person upon whom such conditions are imposed or to whom such directions are given must comply with such conditions or directions. [27/2014] |
| (9) No order under subsection (1) may be made without giving the parent or guardian of the child or young person an opportunity to attend and be heard. |
| (10) Where the Youth Court considers the presence of a child or young person or his or her parent or guardian to be necessary or expedient for the purposes of the proceedings, the Court may compel the attendance of the child or young person or his or her parent or guardian by summons. [3/2011; 27/2014] |
| (11) The Youth Court may dispense with the attendance of a child or young person in Court if it considers that the prejudicial effects (if any) of dispensing with his or her attendance is outweighed by any harm or injury to or any other detrimental effect on the welfare of the child or young person that will or may be caused to him or her by his or her attendance in Court. [3/2011; 27/2014] |
| (12) Despite subsection (9), an order under subsection (1) may be made if the parent or guardian of the child or young person, having been required to attend, has failed to do so or cannot be found within a reasonable time. |
| (13) In determining what order to be made under subsection (1), the Youth Court is to treat the welfare of the child or young person as the paramount consideration and is to endeavour to obtain such information as to the family background, general conduct, home environment, school record, medical history and state of development of the child or young person as may enable the Court to deal with the case in the best interests of the child or young person. [3/2011; 27/2014] |
(14) For the purpose of subsection (13), the Youth Court may —| (a) | require any person who, in the opinion of the Court, is able to furnish any information regarding the child or young person to furnish to the Court such information as the Court may specify; | | (b) | require the parent or guardian of the child or young person to render such assistance to the Court as the Court thinks necessary; | | (c) | order the child or young person to be sent for an assessment by a registered medical practitioner or an approved welfare officer; | | (d) | require the parent or guardian of the child or young person to undergo such medical, psychiatric, psychological or other assessment as the Court thinks necessary; and | | (e) | from time to time adjourn the case for such period as it thinks necessary and make in respect of the child or young person, as an interim order having effect only during the period of adjournment, any order which it could have made under subsection (1). [3/2011; 27/2014] |
|
(15) Where the Youth Court requires any child or young person or the parent or guardian of a child or young person to undergo any assessment under subsection (14)(c) or (d) —| (a) | the person carrying out the assessment must provide a written report to the Court, the Director‑General or a protector stating the results of the person’s assessment, and such report may be received and considered by the Court without being read aloud; and | | (b) | the costs of and incidental to any such assessment must be borne by the parent or guardian of the child or young person, unless the Court directs otherwise. [3/2011; 27/2014; 30/2019] |
|
| (16) If the Youth Court is not satisfied that the child or young person brought before it is in need of protection, the Court may order that the child or young person be returned to the care and custody of his or her parent or guardian. [27/2014] |
| (17) The Youth Court may, at any time before the expiry of an order made under subsection (1) and on the application of the Director‑General or a protector, vary the period of the order or discharge the order if the Court is satisfied that it would be in the best interests of the person in respect of whom the order was made. [3/2011; 27/2014; 30/2019] |
| (18) To avoid doubt, where an order to be varied or discharged under subsection (17) is an order made under subsection (1)(b) or (c) and involves a person who is older than 18 years of age (but below 21 years of age) at the time the order is to be varied or discharged, the Youth Court is not to extend the period for which the person is to be committed to the care of a fit person or to a place of safety or place of temporary care and protection, or placed under the supervision of the Director‑General, a protector, an approved welfare officer or a person appointed by the Court, as the case may be. [30/2019] |
| (19) If the parent or guardian of the child or young person fails to enter into the bond within the time specified in the order made under subsection (1)(a) or breaches any condition of the bond, the parent or guardian shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. [49 [3/2011] |
|
| Making of decisions that affect child or young person under court order made under section 54(1)(b) |
55.—(1) Where an order is made by a Youth Court under section 54(1)(b) in respect of a child or young person —| (a) | the Director‑General, a protector or the care‑giver of the child or young person may decide on any category 1 matter relating to the child or young person; | | (b) | the Director‑General or a protector may decide on any category 2 matter relating to the child or young person if —| (i) | either of the following grounds is satisfied:| (A) | both the parents, or where the child or young person has one or more guardians, all the guardians, of the child or young person cannot be contacted by the Director‑General or a protector after reasonable attempts have been made by the Director‑General or protector to contact the parents or guardians; | | (B) | both the parents, or where the child or young person has one or more guardians, all the guardians, of the child or young person are incapable or unwilling to decide on the matter; or |
| | (ii) | the Director‑General or a protector makes an application to the Court under subsection (2) for an order to enable the Director‑General or a protector to decide on any category 2 matter relating to the child or young person, and the Court grants the application; |
| | (c) | the care‑giver of the child or young person may decide on any category 2 matter relating to the child or young person if —| (i) | all the following conditions are satisfied:| (A) | either of the grounds mentioned in paragraph (b)(i) is satisfied; | | (B) | the Director‑General or a protector has authorised the care‑giver in writing to decide on any category 2 matter relating to the child or young person; | | (C) | the care‑giver has consulted with such person as may be prescribed (if any) with respect to any particular category 2 matter; or |
| | (ii) | the Director‑General or a protector makes an application to the Court under subsection (2) for an order to enable the care‑giver to decide on any category 2 matter relating to the child or young person, and the Court grants the application; and |
| | (d) | if the Director‑General or a protector is of the view that a decision made by the care‑giver of the child or young person under paragraph (a) or (c) is not in the best interests of the child or young person, the Director‑General or protector may (where feasible) vary or reverse the decision of the care‑giver. [30/2019] |
| (2) Where an order is made by a Youth Court under section 54(1)(b) in respect of a child or young person and neither of the grounds mentioned in subsection (1)(b)(i) is satisfied, the Court may, on the application of the Director‑General or a protector, make an order to enable the Director‑General, a protector or care‑giver of the child or young person to decide on any category 2 matter relating to the child or young person. [30/2019] |
| (3) Where an order is made by the Youth Court under section 49(1)(b) or (c) of this Act as in force immediately before 1 July 2020 in respect of a child or young person, the Court may, on the application of the Director‑General or a protector, make an order that subsections (1) and (2) apply in respect of the making of decisions that affect the child or young person. [30/2019] |
(4) Where an order is made by a Youth Court —| (a) | under section 49(1)(b) or (c) of this Act as in force immediately before 1 July 2020; or | | (b) | under section 54(1)(b) on or after that date, |
| in respect of a child or young person, the Court may, on the application of the Director‑General or a protector, make an additional order to enable the Director‑General or a protector to decide on a category 3 matter relating to the child or young person, if — |
| (c) | one of the following grounds is satisfied:| (i) | both the parents, or where the child or young person has one or more guardians, all the guardians, of the child or young person cannot be contacted by the Director‑General or a protector after reasonable attempts have been made by the Director‑General or protector to contact the parents or guardians; | | (ii) | both the parents, or where the child or young person has one or more guardians, all the guardians, of the child or young person are incapable or unwilling to decide on the category 3 matter; | | (iii) | any parent or guardian of the child or young person has decided or is likely to decide on the category 3 matter in a manner that is detrimental to the interests of the child or young person; and |
| | (d) | the Court is of the view that it is in the best interests of the child or young person for the Director‑General or protector to decide on the category 3 matter. [30/2019] |
|
| (5) Any parent or guardian of a child or young person who disagrees with any decision made by the Director‑General, a protector or the care‑giver of the child or young person under this section may apply to the Youth Court for the Court’s determination of the matter. [49A [30/2019] |
|
| Youth Court powers in respect of children and young persons in need of enhanced care or protection |
| 56.—(1) The Director‑General or a protector may apply to a Youth Court for an order mentioned in subsection (2) in respect of a child or young person who is the subject of an order made under section 49(1)(b) or (c) of this Act as in force immediately before 1 July 2020, or section 54(1)(b). [30/2019] (2) On the application of the Director‑General or a protector, a Youth Court may, on being satisfied of the conditions mentioned in subsection (3), make an order that —| (a) | the child or young person be committed to the care of a fit person as determined by the Director‑General or protector, until the child or young person attains 21 years of age or for such shorter period as the Court may specify; and | | (b) | the Director‑General, a protector and the care‑giver of the child or young person may, without the consent of any parent or guardian of the child or young person but under the supervision of the Court, make decisions affecting the child or young person in accordance with section 58. [30/2019] |
|
(3) For the purposes of subsection (2), the conditions are —| (a) | the child or young person has, as at the date of the application, been the subject of one or more orders under section 49(1)(b) or (c) of this Act as in force immediately before 1 July 2020, or section 54(1)(b) for a cumulative period that is the specified period or longer; | | (b) | both the parents of the child or young person, or where the child or young person has one or more guardians, all the guardians of the child or young person are not fit to provide care for the child or young person; and | | (c) | it is not appropriate to return the child or young person to the care and custody of any of his or her parents, or where the child or young person has one or more guardians, any of his or her guardians at any time before the child or young person attains 21 years of age, or such younger age as the Youth Court may determine. [30/2019] |
|
(4) For the purposes of subsection (3)(c), the circumstances in which it is not appropriate to return the child or young person to the care and custody of his or her parent or guardian under that subsection include the following:| (a) | the parent or guardian had on one or more occasions previously failed to comply with the requirements of a proper care plan formulated by the Director‑General or a protector for the child or young person; | | (b) | the parent or guardian had on one or more occasions previously failed or refused to undergo any mediation, counselling, psychotherapy or other assessment programme, treatment or such other activity that is conducted pursuant to a voluntary care agreement or an order made under —| (i) | section 51(1) of this Act as in force immediately before 1 July 2020; or | | (ii) | section 60(4), |
| for the purpose of facilitating the return of the child or young person to the care and custody of his or her parent or guardian; |
| | (c) | the parent or guardian is incapable or unwilling to comply with the requirements of a proper care plan for the child or young person. [30/2019] |
|
| (5) No order under subsection (2) may be made without giving the parent or guardian of the child or young person an opportunity to attend and be heard. [30/2019] |
| (6) Where the Youth Court considers the presence of a child or young person or his or her parent or guardian to be necessary or expedient for the purposes of the proceedings, the Court may compel the attendance of the child or young person or his or her parent or guardian by summons. [30/2019] |
| (7) The Youth Court may dispense with the attendance of a child or young person in Court if it considers that the prejudicial effects (if any) of dispensing with his or her attendance is outweighed by any harm or injury to or any other detrimental effect on the welfare of the child or young person that will or may be caused to him or her by his or her attendance in Court. [30/2019] |
| (8) Despite subsection (5), an order under subsection (2) may be made if the parent or guardian of the child or young person, having been required to attend, has failed to do so or cannot be found within a reasonable time. [30/2019] |
| (9) In determining what order to be made under subsection (2), the Youth Court is to treat the welfare of the child or young person as the paramount consideration and is to endeavour to obtain such information as to the family background, general conduct, home environment, school record, medical history and state of development of the child or young person as may enable the Court to deal with the case in the best interests of the child or young person. [30/2019] |
(10) The Youth Court may, at any time before the expiry of an order made under subsection (2) and on the application of any of the following persons, vary or discharge the order if the Court is satisfied that there has been any material change in the circumstances and it would be in the best interests of the child or young person:| (a) | the Director‑General or a protector; | | (b) | any parent or guardian of the child or young person with the leave granted by the Court under subsection (11). [30/2019] |
|
| (11) The Youth Court may, on the application of a parent or guardian of a child or young person in respect of whom an order is made under subsection (2), grant leave for the parent or guardian to apply to vary or discharge the order. [30/2019] |
(12) In this section and section 57, “specified period” means —| (a) | where the child or young person is below 3 years of age — 12 months; or | | (b) | where the child or young person is 3 years of age or older — 24 months. [49B [30/2019] |
|
|
| Application of section 56 to children and young persons under voluntary care agreements |
57.—(1) Despite section 56(1), where —| (a) | a child or young person has been committed to the care and custody of a care‑giver other than his or her parent or guardian under one or more voluntary care agreements, whether entered into before, on or after 1 July 2020, for a cumulative period that is the specified period or longer; and | | (b) | the child or young person is currently the subject of a voluntary care agreement, |
| the Director‑General or a protector may apply to a Youth Court for an order mentioned in section 56(2) in respect of the child or young person. |
[30/2019] (2) For the purposes of subsection (1), section 56(2), (3), (4), (5), (6), (7), (8), (9), (10), (11) and (12) applies to an application mentioned in subsection (1) except that —| (a) | any reference to a child or young person in that section is to be read as a reference to a child or young person mentioned in subsection (1); and | | (b) | section 56(3)(a) is omitted. [49C [30/2019] |
|
|
| Making of decisions that affect child or young person under court order made under section 56(2) or 57 (read with section 56) |
58.—(1) Where an order is made by a Youth Court under section 56(2) or 57 (read with section 56) in respect of a child or young person —| (a) | the Director‑General, a protector or the care‑giver of the child or young person may decide on any category 1 matter relating to the child or young person; | | (b) | the Director‑General or a protector may decide on any category 2 matter relating to the child or young person; | | (c) | the care‑giver of the child or young person may decide on any category 2 matter relating to the child or young person if —| (i) | the Director‑General or a protector has authorised the care‑giver in writing to decide on any category 2 matter relating to the child or young person; and | | (ii) | the care‑giver has consulted with such person as may be prescribed (if any) with respect to any particular category 2 matter; and |
| | (d) | if the Director‑General or a protector is of the view that a decision made by the care‑giver of the child or young person under paragraph (a) or (c) is not in the best interests of the child or young person, the Director‑General or protector may (where feasible) vary or reverse the decision of the care‑giver. [30/2019] |
(2) Where an order is made by a Youth Court under section 56(2) or 57 (read with section 56) in respect of a child or young person, the Court may, on the application of the Director‑General or a protector, make an additional order to enable the Director‑General or a protector to decide on a category 3 matter relating to the child or young person, if —| (a) | one of the following grounds is satisfied:| (i) | both the parents, or where the child or young person has one or more guardians, all the guardians, of the child or young person cannot be contacted by the Director‑General or a protector after reasonable attempts have been made by the Director‑General or protector to contact the parents or guardians; | | (ii) | both the parents, or where the child or young person has one or more guardians, all the guardians, of the child or young person are incapable or unwilling to decide on the category 3 matter; | | (iii) | any parent or guardian of the child or young person has decided or is likely to decide on the category 3 matter in a manner that is detrimental to the interests of the child or young person; and |
| | (b) | the Court is of the view that it is in the best interests of the child or young person for the Director‑General or protector to decide on the category 3 matter. [30/2019] |
|
| (3) Any parent or guardian of a child or young person who disagrees with any decision made by the Director‑General, a protector or the care‑giver of the child or young person under this section may make an application to the Youth Court for its determination. [49D [30/2019] |
|
[30/2019] | Power of Youth Court to make family guidance orders |
59.—(1) On the application made by a parent or guardian of a child or young person, a Youth Court may make an order described in subsection (4), where —| (a) | the parent or guardian is unable to guide the child or young person and the child or young person needs to be guided by a person other than the parent or guardian; | | (b) | the parent or guardian, and the child or young person have completed a family programme; and | | (c) | the Court is satisfied that the parent or guardian understands the consequences which will follow from, and consents to, the making of the order. [30/2019] |
| (2) An application made under subsection (1) must be accompanied by a recommendation of an approved welfare officer. [30/2019] |
(3) A Youth Court may in any appropriate case do either or both of the following:| (a) | dispense with the requirement mentioned in subsection (1)(b); | | (b) | if the Court dispenses with the requirement mentioned in subsection (1)(b), order the parent or guardian, and the child or young person to complete the family programme at any stage of the proceedings. [30/2019] |
|
(4) For the purposes of subsection (1), the Youth Court may order that the child or young person —| (a) | be placed under the supervision of an approved welfare officer or some other person appointed for the purpose by the Court for a period not exceeding 3 years; | | (b) | be committed to the care of a fit person for a period not exceeding 3 years; or | | (c) | be committed to the care of a place of safety for a period not exceeding 3 years. [30/2019] |
|
(5) An order under subsection (4)(b) or (c) may provide that —| (a) | the fit person to whom, or the place of safety to which, the child or young person is to be committed (called in this section a care‑provider), be determined by the Director‑General or a protector; and | | (b) | the determination under paragraph (a) may be varied by the Director‑General, a protector or an approved welfare officer (who may or may not have made the determination) during the period of the child’s or young person’s committal, in accordance with such requirements as may be prescribed, even though the variation may result in the child or young person being committed to a different care‑provider, if the Director‑General, protector or approved welfare officer (as the case may be) thinks that it is in the best interests of the child or young person to do so. [30/2019] |
|
| (6) Where the Youth Court considers the presence of a child or young person or his or her parent or guardian to be necessary or expedient for the purposes of the proceedings, the Court may compel the attendance of the child or young person or his or her parent or guardian by summons. [30/2019] |
| (7) Where the Youth Court requires further information to be provided as to the family background, general conduct, home environment, school record, medical history and state of development of the child or young person, the Court may order that the child or young person be committed to the care of such fit person or such place as may be determined by the Director‑General or a protector pending the receipt of such information by the Court. [30/2019] |
(8) Where —| (a) | a Youth Court has ordered the committal of a child or young person to the care of a fit person or a place of safety (called in this subsection and subsection (9) the principal care‑provider) under subsection (4)(b) or (c); and | | (b) | the principal care‑provider is unable to provide care for the child or young person for a period of at least 8 weeks, |
| the Director‑General, a protector or an approved welfare officer may arrange for the child or young person to be committed to the temporary care of another fit person or a place of safety, whether or not the arrangement would result in the child or young person being committed to a different care‑provider for that period. |
[30/2019] |
| (9) An arrangement by the Director‑General, a protector or an approved welfare officer under subsection (8) is not to be treated as a variation under subsection (5)(b) if the child or young person is returned to the principal care‑provider before the end of the arrangement under subsection (8). [30/2019] |
| (10) Where 3 variations have been made by the Director‑General, a protector or an approved welfare officer under subsection (5)(b) in respect of a child or young person before the expiry of the period specified by the Youth Court under subsection (4)(b) or (c) (as the case may be), and the Director‑General, a protector or an approved welfare officer is of the view that a further variation during that period is necessary, the Director‑General, protector or approved welfare officer must apply to the Court for an order as to the appropriate fit person to whom, or the appropriate place of safety to which, the child or young person is to be committed. [30/2019] |
| (11) The Youth Court has the power to make one order or a combination of orders mentioned in subsection (4)(a), (b) and (c) in relation to a child or young person concerned. [30/2019] |
| (12) The duration of any order or any combination of orders made by the Youth Court under subsection (4) must not exceed a continuous period of 3 years. [30/2019] |
(13) Where a Youth Court makes any order mentioned in subsection (4)(a), (b) and (c) —| (a) | a report on the living conditions of the child or young person, the standard of care and supervision provided to the child or young person, the progress made by the child or young person and such other matters as may be prescribed must be submitted to the Court within 6 months after the order is made, or such other period as the Court may specify in the order, by —| (i) | if the Court makes an order mentioned in subsection (4)(a) — an approved welfare officer or a person appointed by the Court; | | (ii) | if the Court makes an order mentioned in subsection (4)(b) —| (A) | in the case where the fit person to whom the child or young person is committed is a relative of the child or young person — an approved welfare officer; or | | (B) | in any other case — the fit person; or |
| | (iii) | if the Court makes an order mentioned in subsection (4)(c) — the care‑giver of the child or young person or an approved welfare officer; |
| | (b) | the Court may, upon receiving the report mentioned in paragraph (a), order for one or more further reports to be submitted to the Court at such frequency as the Court may specify, for the purpose of monitoring the progress of the child or young person; and | | (c) | the Court may order a parent or guardian of the child or young person to enter into a bond to undertake to commit his or her best efforts to exercise proper care and guardianship. [30/2019] |
|
| (14) The provisions of section 54(8), (13), (14) and (15) apply, with the necessary modifications, in respect of an order made by the Youth Court under subsection (4) as they apply in respect of an order made by the Court under section 54(1). [30/2019] |
| (15) The Youth Court may, on the application of the Director‑General, a protector or a parent or guardian of a child or young person in respect of whom an order under subsection (4) has been made, vary the period of the order or discharge the order if the Court is satisfied that it is in the best interests of the child or young person to do so. [30/2019] |
| (16) To avoid doubt, where an order to be varied or discharged under subsection (15) involves a person who is older than 16 years of age (but below 19 years of age) at the time the order is to be varied or discharged, the Youth Court is not to extend the period for which the person is to be committed to the care of a fit person or to a place of safety, or placed under the supervision of an approved welfare officer or a person appointed by the Court, as the case may be. [30/2019] |
| (17) An application made under subsection (1) may only be withdrawn with the consent of the Youth Court. [30/2019] |
| (18) Where a parent or guardian of a child or young person fails to comply with any order of the Youth Court made under subsection (3)(b), the parent or guardian shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. [30/2019] |
(19) In this section —“family programme” means such family programme that is approved and specified by the Director‑General and which seeks to —| (a) | resolve any relationship problem between a child or young person and any parent, or where the child or young person has one or more guardians, any guardian, of the child or young person; | | (b) | rehabilitate or assist in the rehabilitation of a child or young person; | | (c) | enable any parent of a child or young person, or where the child or young person has one or more guardians, any of his or her guardians to manage the child or young person; or | | (d) | enhance, promote or protect the physical, social and emotional wellbeing and safety of a child or young person; |
|
“recommendation”, in relation to a child or young person, means a document specifying the following:| (a) | the risks and requirements of the child or young person at a particular point in time; | | (b) | the proposed activities and programmes that the child or young person or his or her parent or guardian, or both, should attend for the purpose of enabling the parent or guardian to address the risks and requirements raised about the child or young person at that point in time; | | (c) | such other matters as may be prescribed; |
|
| “young person” means a person who is 14 years of age or older but below 16 years of age. [50 [30/2019] |
|
|
| Additional orders which may be made by Youth Court in relation to child or young person |
60.—(1) Where a child or young person has been dealt with, whether before, on or after 1 July 2020, in connection with an offence —| (a) | by a court; or | | (b) | in a juvenile case conference where a Youth Court has exercised any of its powers mentioned in section 50(1)(a), (b), (c), (d), (e) and (f) in respect of the child or young person, |
| a Youth Court may, on its own motion or on the application of the Director‑General or a protector, make either or both of the orders mentioned in subsection (4) as an additional order or additional orders. |
[30/2019] (2) Where an order has been made by a Youth Court under —| (a) | section 54(1), whether before, on or after 1 July 2020; | | (b) | section 56(2); or | | (c) | section 57, read with section 56, |
| in respect of a child or young person, the Court may, on its own motion or on the application of the Director‑General or a protector, make either or both of the orders mentioned in subsection (4) as an additional order or additional orders. |
[30/2019] |
| (3) Where an application has been made under section 59 to a Youth Court in respect of a child or young person, the Court may, before or after the application is heard or at any time when the application is being heard, on its own motion or on the application of the Director‑General or a protector, make either or both of the orders mentioned in subsection (4). [30/2019] |
(4) For the purposes of subsections (1), (2) and (3), the orders are as follows:| (a) | an order requiring the child or young person, either or both the parents of the child or young person, or where the child or young person has one or more guardians, all or any of those guardians, to undergo such mediation, counselling, psychotherapy or other assessment, programme or treatment or to partake in such activity as the Youth Court thinks necessary for the purpose of —| (i) | resolving any relationship problem between the child or young person and any parent, or where the child or young person has one or more guardians, any guardian, of the child or young person; | | (ii) | rehabilitating or assisting in the rehabilitation of the child or young person; | | (iii) | enabling any parent, or where the child or young person has one or more guardians, any guardian, of the child or young person to manage the child or young person; or | | (iv) | enhancing, promoting or protecting the physical, social and emotional wellbeing and safety of the child or young person; |
| | (b) | an order requiring all or any of the following persons to attend a family conference:| (i) | the child or young person; | | (ii) | either or both the parents, or where the child or young person has one or more guardians, all or any of those guardians, of the child or young person; | | (iii) | such other persons as may be specified by the Youth Court. [30/2019] |
|
|
| (5) In making an order under subsection (1), (2) or (3), the Youth Court may require any parent, or where the child or young person has one or more guardians, any guardian, of the child or young person to enter into a bond to comply with such order. [30/2019] |
| (6) Where a parent or guardian of a child or young person fails to comply with any order of the Youth Court made under subsection (1), (2) or (3), or the requirement mentioned in subsection (5), the parent or guardian shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. [30/2019] |
(7) In this section, “family conference” means a discussion among the participants of the conference on what is necessary to —| (a) | resolve any relationship problem between the child or young person and any parent, or where the child or young person has one or more guardians, any guardian, of the child or young person; or | | (b) | resolve any concern relating to the care, protection and supervision of the child or young person. [51 [30/2019] |
|
|
| Failure to comply with requirements of family guidance order |
| 61. If it appears on information to the Youth Court that a child or young person against whom an order made under section 59 is in force has failed to comply with any of the requirements of the order, the Court may make a fresh order against the child or young person under that section. [52 [27/2014; 30/2019] |
|
|
