Care and Protection

Under Section 4 of the CYPA, a child or young person is in need or care or protection if:

1. the child or young person has no parent or guardian;
2. the child or young person has been abandoned by a parent or guardian, and despite reasonable inquiries the parents or guardian cannot be found, and no other suitable person is willing and able to exercise care or guardianship in respect of the child or young person;
3. the parent or guardian of the child or young person:
• is unable or has neglected to provide adequate food, clothing, medical aid, lodging, care or other necessities of life for the child or young; or
• is unfit or unable or has neglected to exercise proper supervision and control over the child or young person, and the child or young person is falling into bad association, or is exposed to moral danger, or is beyond control;


4. the child or young person has been, is being or is at risk of being ill-treated:
• by a parent or guardian; or
• by any other person, and the parent or guardian, although knowing of such ill-treatment or risk, has not protected or is unlikely or unwilling to protect the child or young person from such ill-treatment;


5. the child or young person needs to be examined, investigated or treated for the purpose of restoring or preserving his/her health or development and his/her parent or guardian neglects or refuses to have him/her so examined, investigated or treated;
6. the child or young person behaves in a manner that is, or is likely to be, harmful to himself/herself or to any person and:
• his/her parent or guardian is unable or unwilling to take necessary measures to remedy the situation; or
• the remedial measures taken by the parent or guardian fails;


7. the child or young person suffers or is likely to suffer from emotional harm because the child or young person has been or is subject to emotional or psychological abuse by his parent or guardian;
8. the child or young person;
• is a person in respect of whom a relevant offence has been or is believed to have been committed; or
• is a member of the same household as another child or young person in respect of whom a relevant offence has been or is believed to have been committed, and the child or young person appears to be in danger of a similar office being committed against him/her; and either the person who committed or is believed to have committed the offence or who has been convicted of the offence is the parent or guardian of the child and young person or a member of the same household as the child or young person, or the parent or guardian of the child or young person is unable, unlikely, unwilling to protect the child or young person from such offence; or


9. the child or young person is found to be:
• destitute or wandering about any settled place of abode and without visible means of subsistence;
• begging or receiving alms (whether or not there is any pretence of singing, playing, performing or offering anything for sale) or loitering for the purpose of begging or receiving alms;
• engaged in carrying out illegal lotteries, illegal hawking, gambling or other undesirable activities; or
• using or inhaling any intoxicating substance (as defined in the Intoxicating Substance Act (Cap. 146A)) for the purpose of inducing or causing in himself a state of intoxication.

The Director-General or the Protector will file a Complaint on behalf of the child or young person in the Youth Court.

If the Youth Court Judge is of the view that there are sufficient grounds which are contained in the Complaint to warrant an investigation of the matter, the Youth Court Judge may proceed to call for a Social Report on the child or young person. The child protection officer will interview the child or young person as well as the parents/guardians and/or any significant others before submitting the Social Report to the Youth Courts.

In the meantime, pending the Social Report being presented to the Court, the Youth Court Judge may make interim orders which may include placing the child or young person in the care of a fit person or a place of safety or a place of temporary care and protection.

If the Youth Court Judge is satisfied that the child or young person is in need of care and protection, it may make any of the following orders:

• Order the parent or guardian to enter into a bond for proper care and guardianship of the child or young person;
• Order the child or young person to be committed to the care of a fit person, as may be determined by the Director-General or a protector, for such period as may be specified by the Court;
• Order the child or young person to be committed to a place of safety or a place of temporary care and protection, as may be determined by the Director-General or a protector, for such period as may be specified by the Court; or
• Place the child or young person under the supervision of the Director-General, a protector, an approved welfare officer or another person appointed by the Court, for such period as may be specified by the Court.

The child or young person or the parent or guardian or both may also be ordered to attend counselling, psychotherapy or any other assessment, programme or treatment or such activity as the Youth Court Judge thinks necessary. The parent or guardian may also be required to enter into a bond to comply with such an order.

Enhanced Care and Protection Orders have been introduced to allow the Youth Court Judge to make long term orders for children and young persons up till 21 years of age, to assure children and young persons of stability and certainty in care arrangements. 

The Youth Court Judge may make an Enhanced Care and Protection order for a child or young person to be committed to the care of a fit person until the child or young person turns 21 years of age if:

The Youth Court Judge may also make an order allowing the Director-General or a protector or the care-giver of the child or young person to make decisions on certain matters relating to the child or young person.

If parents/guardians wish to contest the child protection application, they can inform the Youth Court Judge who will give directions for parties to file their supporting documents and fix the matter for hearing. At the hearing, the Youth Court Judge will proceed to hear from the Director-General or Protector and the parents and/or their legal representatives before proceeding to make the necessary orders.