No. S 412
Children and Young Persons Act
(CHAPTER 38)
Children and Young Persons
(Review Board)
Regulations 2011
In exercise of the powers conferred by section 88(2) of the Children and Young Persons Act, MG (NS) Chan Chun Sing, Minister of State, charged with the responsibility of the Minister for Community Development, Youth and Sports, hereby makes the following Regulations:
Citation and commencement
1.  These Regulations may be cited as the Children and Young Persons (Review Board) Regulations 2011 and shall come into operation on 20th July 2011.
Definitions
2.  In these Regulations, unless the context otherwise requires —
“Chairperson” means the Chairperson of the Review Board;
“Head” or “Head of Home”, in relation to a home, means any person appointed by the licensee to be in charge of and to oversee the management and administration of a home, and includes any person appointed by the licensee to exercise the duties of the Head of Home in his absence;
“home” means a home for children and young persons ––
(a)which is licensed under section 52B of the Act; or
(b)which is not licensed but subject to review by the Review Board by virtue of section 52P(2) of the Act;
“licensee”, in relation to a home, includes the person or body of persons governing a home, notwithstanding that the home is exempted from the requirement for a licence by virtue of section 52P(1) of the Act;
“Manager”, in relation to a home, means any person appointed by the Government to be in charge of and to oversee the management and administration of a home and includes any person appointed by the Government to exercise the duties of the Manager in his absence;
“member” means a member of the Review Board;
“Review Board” means a review board appointed under section 52G of the Act;
“resident” means any child or young person residing in a home;
“Vice Chairperson” means the Vice Chairperson of the Review Board appointed under regulation 4.
Chairperson
3.—(1)  The Chairperson of the Review Board shall be appointed by the Minister from among the members of the Review Board.
(2)  The Chairperson of the Review Board shall preside at all meetings of the Review Board.
Vice Chairperson
4.—(1)  The Chairperson of the Review Board shall appoint a Vice Chairperson from among the members of the Review Board.
(2)  In the absence of the Chairperson, the Vice Chairperson shall preside at all meetings of the Review Board and shall have and may exercise all the powers, functions and duties of the Chairperson under these Regulations.
Secretary
5.  The Minister shall appoint a secretary to the Review Board, except that the person appointed shall not —
(a)be a member of the Review Board; and
(b)vote at any proceedings of the Review Board.
Committee of Review Board
6.—(1)  The Review Board may appoint from among its members, one or more committees of the Review Board each comprising not less than 3 members of the Review Board to exercise, discharge and perform the powers, functions and duties of the Review Board under section 52G of the Act in respect of such home or homes as may be determined by the Review Board.
(2)  The chairperson of a committee of the Review Board shall be appointed by the Review Board.
Resignation of Review Board member
7.—(1)  Any member of the Review Board may resign by giving notice in writing to the Minister.
(2)  The Minister may at any time revoke the appointment of any member of the Review Board.
(3)  If a member of the Review Board —
(a)dies;
(b)resigns;
(c)has his appointment revoked by the Minister under paragraph (2); or
(d)otherwise vacates his office before the expiry of the term for which he has been appointed,
the Minister may appoint any other person to fill the vacancy for so long as the member in whose place that person is appointed would have held office.
Meetings
8.—(1)  The Review Board shall meet as often as may be required, but in any case, it shall meet at least once in every 12 months.
(2)  A committee of the Review Board shall meet as often as may be required, but in any case, it shall meet at least once in every 3 months.
(3)  The quorum at every meeting of the Review Board shall be 3 members of the Review Board.
(4)  The quorum at every meeting of a committee of the Review Board shall be 3 members of the committee.
(5)  No business of the Review Board or any of its committees shall be transacted at any meeting thereof unless a quorum is present.
(6)  Every question coming before or arising at any meeting of the Review Board shall be decided by a majority of members present and voting thereon at the meeting and, in the case of equality of votes, the Chairperson or, in his absence, the Vice Chairperson shall have a casting vote.
(7)  Every question coming before or arising at any meeting of a committee of the Review Board shall be decided by a majority of members of the committee present and voting thereon at the meeting and, in the case of equality of votes, the chairperson of the committee shall have a casting vote.
(8)  The Review Board shall not be precluded from holding a meeting or acting in any matter merely by reason of any vacancy in its membership.
Transaction of business by Review Board outside meetings
9.—(1)  The Review Board may, if it thinks fit, transact any of its business by the circulation of papers among its members.
(2)  A member who is in any way, directly or indirectly, interested in the business being transacted by circulation of papers shall disclose the nature of his interest in writing to the Chairperson at the first opportunity after the relevant facts have come to his knowledge, which disclosure shall be recorded and that member shall not take part in the decision with respect to that transaction.
(3)  A decision in writing made by a simple majority of the members for the time being entitled to take part in the decision in respect thereof shall be taken to be a decision of the Review Board, and shall be as valid and effectual as if it had been made at a meeting of the Review Board duly convened and held.
(4)  Separate copies of a decision in writing may be distributed for signing by the members if the wording of the decision and approval is identical in each copy.
(5)  For the purpose of a decision under this paragraph, the Chairperson and each member shall have the same voting rights as they have at any meeting of the Review Board.
(6)  The decision of the Review Board shall be made when the last member thereof required for the majority signs and his decision is duly delivered to the secretary of the Review Board.
(7)  The Chairperson may stipulate a period of time within which a decision may be made under this regulation.
(8)  The Review Board may, if it thinks fit, deliberate on matters by the circulation of papers among its members.
(9)  For the purposes of this regulation, papers (including disclosures and decisions) may be circulated among members or delivered to the secretary of the Review Board by hand or facsimile or electronic transmission of the information in the papers concerned.
Attendance of Head of Home, Manager of home and staff of home at meeting of Review Board
10.  The Head of a home, the Manager of a home, and any member of a staff of a home shall, if required by the Review Board, or a committee of the Review Board appointed in respect of the home, attend any meeting held by the Review Board or that committee of the Review Board.
Review of cases
11.—(1)  The Review Board shall, either by itself or through its committees, review as often as is practicable, the case of every resident of each home in respect of which it is appointed, in order to —
(a)ensure that a suitable care plan has been put in place for the resident; and
(b)advise the Director as to the suitability of the resident to be released on licence under section 76(2) of the Act.
(2)  The Head of a home or the Manager of a home, as the case may be, shall submit to the Review Board or a committee of the Review Board appointed in respect of the home, such number of copies of any record, report or other document as may be required by the Review Board or that committee for the review of cases.
(3)  For the purposes of the review of care plans, the Head of a home or the Manager of a home, as the case may be, shall include in his report to the Review Board, or the committee of the Review Board appointed in respect of the home, the following information:
(a)the particulars of every resident of the home and the resident’s immediate family members;
(b)the reasons for the admission of every resident of the home into the home and for the resident’s continued care in the home;
(c)information on the home’s intervention plans for each resident of the home and the progress that has been made with regard to the rehabilitation and care of the resident and re-integration with the resident’s family; and
(d)any other information that the Director deems relevant to the review of the case.
(4)  The Review Board may require a home to refer a case that has been or is being reviewed for subsequent reviews at a later date by the Review Board or the committee of the Review Board appointed in respect of the home.
Visits by Review Board to homes
12.—(1)  Each home must be visited by at least 2 members of the Review Board together at least once every 2 months.
(2)  Any member of a committee of the Review Board may, whenever he thinks fit, enter a home in respect of which that committee is appointed, and may examine the conditions thereof in order —
(a)to ascertain, so far as is possible, whether the provisions of the Act and any regulations made thereunder governing the home are being adhered to;
(b)to call the attention of the Head of that home or the Manager of that home, as the case may be, to any irregularity as may be observed by the member of the committee or any other member of the Review Board in the management thereof or the treatment of the residents therein; and
(c)to hear any complaint which any resident of the home may wish to make.
(3)  Every member of the committee of the Review Board referred to in paragraph (2) shall record any observation as he thinks fit arising from his visit to a home in a book kept for that purpose by the Head of that home or the Manager of that home.
(4)  No member of a Review Board shall be concerned with the general administrative matters of a home.
(5)  The Review Board or any committee of the Review Board, as the case may be, shall send to the Director any comment or recommendation it may make regarding a home in respect of which it has carried out a review.
(6)  Upon receipt of any comment or recommendation from the Review Board or a committee of the Review Board pursuant to paragraph (5), the Director shall take such action as may be necessary and report to the Review Board and that committee, as soon as possible, the action that he has taken.
Interview with parents, guardian or relatives of residents
13.  No member of the Review Board or no committee of the Review Board shall visit or interview the parent, guardian, sibling or any other member of the family of any resident of any home without the prior approval of the Review Board.
Head of Home to assist members of Review Board
14.  Every Head of Home and every Manager of a home shall use his best endeavours to assist any member of the Review Board in the exercise, discharge or performance of the member’s powers, functions and duties under the Act or these Regulations.
Revocation
15.  The Children and Young Persons (Board of Visitors) Regulations (Rg 2) Children and Young Persons (Advisory Board) Regulations (Rg 3) are revoked.
Made this 18th day of July 2011.
CHAN HENG KEE
Permanent Secretary,
Ministry of Community Development,
Youth and Sports,
Singapore.
[MCYS 76-06-01 Vol. 45; AG/LLRD/SL/38/2010/4 Vol. 1]