25. The principal Act is amended by inserting, immediately after section 52, the following Part:“PART IIIA LICENSING OF HOMES FOR CHILDREN AND YOUNG PERSONS |
Homes for children and young persons to be licensed |
52A.—(1) No person shall operate a home for children and young persons except under the authority of and in accordance with the terms and conditions of a licence issued by the Director.(2) Any —(a) | person who operates a home for children and young persons without a licence issued by the Director under subsection (1); or | (b) | licensee who breaches any term or condition of the licence in respect of a licensed home for children and young persons, |
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both. |
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52B.—(1) An application for the issuance or renewal of a licence shall be made to the Director in such form as may be prescribed.(2) A licensee who wishes to renew his licence must make an application for the renewal of his licence at least 6 months before the expiry of his licence. |
(3) On receipt of an application, the Director may, in his discretion —(a) | issue or renew a licence subject to such terms and conditions as he may think fit to impose; or | (b) | refuse to issue or renew the licence. |
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(4) The Director may refuse to issue or renew a licence if —(a) | the Director is not satisfied that —(i) | the applicant is a fit or proper person to hold or continue to hold a licence in respect of a home for children and young persons; or | (ii) | where the applicant is a body corporate, any member of the board of directors, the committee, board of trustees or other governing body of the body corporate is a fit and proper person; |
| (b) | the premises are unfit to be used as a home for children and young persons by reason of the situation, construction, accommodation, staffing, cleanliness or equipment or any other condition of the premises of the proposed home; | (c) | the premises to be used as a home for children and young persons do not comply with the prescribed requirements; | (d) | the home for children and young persons would not be under the continuous personal management and supervision of a person of sufficient qualifications and experience to ensure the satisfactory operation of the home; or | (e) | it is not in the public interest to issue or renew the licence. |
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(5) In deciding for the purposes of this section whether a person is a fit and proper person, the Director may consider any of the following matters as indicating that the person may not be a fit and proper person:(a) | that the person associates with a criminal in a way that indicates involvement in an unlawful activity; | (b) | that in dealings in which the person has been involved, the person or officer —(i) | has shown dishonesty or lack of integrity; or | (ii) | has used harassing tactics; |
| (c) | that the person is or was suffering from a mental disorder; or | (d) | that the person is an undischarged bankrupt or has entered into a composition with his debtors. |
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(6) Subsection (5) shall not be construed so as to limit the circumstances in which a person or an officer of a business entity may be considered by the Director not to be a fit and proper person. |
(7) Where the Director refuses to issue a licence, he shall state in writing the reasons for his refusal. |
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Fee for and duration of licence |
52C.—(1) On the issue or renewal of a licence, the licensee shall pay a fee of such amount as may be prescribed.(2) Unless earlier revoked, a licence shall be valid for a period of 2 years from the date of its issue or such shorter period as may be specified in the licence in any particular case. |
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52D.—(1) Every licensee shall cause his or its licence to be permanently displayed in a conspicuous place in the home for children and young persons to which the licence relates where the licence can readily be seen by all persons having access to that home for children and young persons.(2) Any licensee who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part thereof during which the offence continues after conviction. |
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52E.—(1) On an application in writing signed by the licensee of any licensed home for children and young persons and by the person to whom the licensee desires to transfer the licence (referred to in this section as the transferee), the Director may, if he thinks fit, either by way of endorsement on the licence or otherwise in writing, transfer the licence to the transferee, and thereupon the transferee shall become the licensee of the home for children and young persons.(2) The Director may refuse to approve the transfer of a licence on any of the grounds on which —(a) | he could have refused to issue a licence to the transferee under section 52B; or | (b) | he could have revoked the licence under section 52L. |
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Inspection of homes for children and young persons |
52F.—(1) The Director and any officer authorised by him may —(a) | at any time, enter and inspect —(i) | any licensed home for children and young persons; or | (ii) | any premises which he has reason to suspect are used for the purposes of a home for children and young persons without a licence; |
| (b) | require any person taking part in the operation or management of a licensed home for children and young persons to —(i) | produce any record, document or other article relating to the management of that home for children and young persons or to any other activity in respect of the home for children and young persons; and | (ii) | furnish any other information relating to such management or activity; |
| (c) | remove for further examination any record, document or other article which he has reason to suspect is evidence of the commission of an offence under this Act, or is evidence of a ground for —(i) | the suspension or revocation of the licence of a person in respect of a home for children and young persons; or | (ii) | where the home for children and young persons is a juvenile rehabilitation centre or place of safety, the cancellation of the certificate of appointment of the juvenile rehabilitation centre or place of safety; and |
| (d) | do such other things as are necessary for the inspection of a licensed home for children and young persons. |
(2) Any person who prevents or obstructs the Director or any officer authorised by him in the execution of his powers, or refuses to produce any record, document, article or other information upon being required to do so under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both. |
(3) In this section, a reference to a record, document, article or information includes any record, document, article or information which exists in any form or medium. |
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52G.—(1) The Minister may, by notification in the Gazette, appoint such persons as he may think fit to be the members of the Review Board.(2) The members of the Review Board shall hold office for such period as may be specified in the notification referred to in subsection (1). |
(3) The functions of the Review Board shall be to —(a) | review the living conditions in and the standard of care and supervision provided by any licensed home for children and young persons to the children and young persons residing therein; | (b) | review all cases of children and young persons admitted to a licensed home for children and young persons with a view to ensuring that a proper care plan is in place for such children and young persons; and | (c) | advise the Director on —(i) | whether any child or young person who has been placed in a juvenile rehabilitation centre or place of safety, may be released on licence from the juvenile rehabilitation centre or place of safety at any time before the completion of his full period of detention; and | (ii) | the conditions subject to which such child or young person should be released. |
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(4) Every member of the Review Board appointed under subsection (1) may enter at any time any licensed home for children and young persons and make such inquiries or examination therein as appear to him necessary and shall also make such reports as may be required by the Minister. |
(5) Any person who refuses admittance to any such member of the Review Board appointed under subsection (1) or offers any hindrance or obstruction to such member after his identity is reasonably established shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both. |
(6) For the purpose of this section, a proper care plan must meet such requirements as may be specified by the Director. |
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Director may direct remedial measures |
52H.—(1) The Director may, in respect of any licensed home for children and young persons, by notice in writing, give such directions as he thinks necessary to ensure that —(a) | it is operated and managed satisfactorily; | (b) | the welfare of the children and young persons residing in the home is properly safeguarded and promoted; and | (c) | the provisions of this Act are complied with. |
(2) For the avoidance of doubt, a direction under subsection (1) may include a direction requiring the licensee of a licensed home for children and young persons to suspend any staff of the home from his duties. |
(3) A notice under subsection (1) shall —(a) | be served upon the licensee of the home for children and young persons; and | (b) | specify the period of time within which a direction shall be complied with. |
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Duty to furnish information |
52I.—(1) The Director may, from time to time, by notice in writing, require the licensee of a home for children and young persons to furnish such information as the Director may require relating to —(a) | the staff and residents; | (b) | the condition or treatment of any resident; | (c) | the premises of the home, the accommodation provided at the home and the environment at the home; and | (d) | any matter relevant to the administration or enforcement of this Act. |
(2) A licensee who on receipt of any notice under subsection (1) —(a) | refuses or fails to furnish any information required by the Director; or | (b) | gives any false or misleading information, |
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. |
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Director may order closure of home for children and young persons |
52J.—(1) If the Director has reason to believe that —(a) | the premises of a licensed home for children and young persons are unfit or unsafe for use as such; or | (b) | the safety or welfare of the children and young persons residing in the home is being endangered, |
he may, by order in writing, direct the immediate closure of the home for children and young persons. |
(2) The Director may make an order under subsection (1) notwithstanding that the licence in respect of the home for children and young persons has not been cancelled, revoked or suspended. |
(3) An order under this section shall be served on the licensee of the home for children and young persons and shall take effect from the date of the service thereof. |
(4) It shall be sufficient service of an order under this section if —(a) | it is delivered personally to the licensee; | (b) | it is sent by registered post to the last known residential or business address of the licensee; or | (c) | a copy of the order is posted in a conspicuous place on or in the premises of the home for children and young persons to which the order relates. |
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(5) Any person who fails to comply with an order served on him under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both. |
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Cancellation of licence at request of licensee |
52K.—(1) The licensee of any licensed home for children and young persons may, upon giving 6 months’ prior notice of his intention to do so, apply for the cancellation of the licence issued in respect of the licensed home for children and young persons.(2) The executor or administrator of a deceased licensee, may, upon giving one month’s prior notice in writing of his intention to do so, apply for the cancellation of the licence issued in respect of the licensed home for children and young persons. |
(3) Where a notice has been given under subsection (1) or (2) and has not been withdrawn, the licence shall be deemed to be cancelled upon the expiry of the notice period referred to in that subsection. |
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Revocation and suspension of licence |
52L.—(1) The Director may revoke or suspend a licence to use any premises as a home for children and young persons —(a) | on any of the grounds on which he could have refused to issue a licence under section 52B; | (b) | if the licensee fails to comply with any direction given by the Director under section 52H; | (c) | if the premises has ceased to be used as a home for children and young persons; | (d) | if in the opinion of the Director —(i) | the standard of care available to or provided to any resident in the home is unsatisfactory; | (ii) | any resident has been ill-treated or neglected in a manner likely to cause unnecessary suffering to him or has been kept in an environment that is injurious to his mental or physical health; | (iii) | the premises of the home are in such a condition, or the home is managed or conducted in such a manner, that the revocation of the licence is required in the interests of the residents or in the public interest; |
| (e) | if a licensee is convicted of any offence under this Act; or | (f) | if a licensee has contravened or failed to comply with any of the provisions of this Act or any condition specified in the licence issued to him. |
(2) Before revoking or suspending a licence, the Director shall give notice to the licensee of the ground or grounds on which he proposes to revoke or suspend the licence and shall give the licensee an opportunity to show cause as to why the licence should not be revoked or suspended. |
(3) A licensee who wishes to show cause against the revocation or suspension of the licence shall submit his reasons in writing to the Director within 14 days after the date of the notice given by the Director under subsection (2), failing which the Director may nonetheless proceed to revoke or suspend the licence, as the case may be. |
(4) The Director shall give written notice to the licensee of the Director’s decision to revoke or suspend a licence. |
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Effect of cancellation, revocation or suspension of licence |
52M.—(1) Where the licence of a home for children and young persons is cancelled under section 52K, or revoked or suspended under section 52L, the home shall cease to be used as such with effect from the date on which the licence is cancelled, revoked or suspended, as the case may be.(2) For the avoidance of doubt, subsection (1) shall have effect notwithstanding any appeal by the licensee to the Minister under section 52O. |
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Discharge or transfer of children and young persons |
52N. When the licence of a home for children and young persons is cancelled, revoked or suspended, or the Director has ordered its immediate closure under section 52J, the children and young persons residing therein shall by order of the Minister, either be discharged or transferred to another licensed home for children and young persons specified in the order. |
52O. Any person aggrieved by any decision of the Director under section 52B or 52L may, within 21 days after the date of the written notice of the decision, appeal to the Minister whose decision shall be final. |
52P.—(1) Subject to subsection (2), this Part shall not apply to —(a) | any home for children and young persons which is under the management or control of the Government; | (b) | any child care centre licensed under the Child Care Centres Act (Cap. 37A); | (c) | any school which is registered under the Education Act (Cap. 87); | (d) | any approved institution established under the Probation of Offenders Act (Cap. 252); | (e) | any place where a child or young person is being cared for by a parent, family member or foster parent; and | (f) | such other home for children and young persons as may be prescribed. |
(2) Sections 52F and 52G shall apply to a home for children and young persons under the management or control of the Government. |
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Regulations for this Part |
52Q.—(1) The Minister may make regulations for the purposes of this Part and, in particular, for the management of licensed homes for children and young persons and for the maintenance of order and discipline of the staff and of the persons residing in such homes.(2) Without prejudice to the generality of subsection (1), the Minister may make regulations providing for all or any of the following matters:(a) | the forms, fees and registers for the purposes of this Act; | (b) | the operation, management and supervision of a licensed home for children and young persons; | (c) | the duties and responsibilities of licensees of licensed homes for children and young persons; | (d) | the standard of care and supervision of children and young persons residing in a licensed home for children and young persons; | (e) | the control and supervision of activities in a licensed home for children and young persons; | (f) | the keeping of records; | (g) | the reports and information to be supplied to the Director in respect of a licensed home for children and young persons; | (h) | the prescribing of anything which may be prescribed under this Part. |
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(3) The Director may, by notice in writing to the licensee of a licensed home for children and young person, vary or waive wholly, partly or conditionally the requirements of any regulation in respect of that home for children and young persons and may amend or withdraw any such notice.”. |
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