Care and Protection

Child Protection Cases

Under the Children and Young Persons Act (CYPA), the Director of Social Welfare or any officer who is appointed by the Director of Social Welfare as a child protection officer (Protector), if they are of the view that a child or young person under the age of 16 years is in need of care and protection, may remove the child or young person to a place of temporary care and protection or present him/her before a registered medical practitioner or approved welfare officer for an assessment of any medical or other treatment that is necessary before making an application to the Youth Courts for a care and protection order to be issued in favour of the child or young person.

In deciding the appropriate order to make, the paramount consideration of the Court is always the best interests of the child or young person.

When is a child or young person in need of care and protection?

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

the child or young person has no parent or guardian;
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;
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;

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;

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;
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;

there is such a serious and persistent conflict between the child or young person and his/her parent or guardian, or between his/her parents or guardians, that family relationships are seriously disrupted, thereby causing the child or young person emotional injury;
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

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.

Steps involved in making a child protection application

The Director or the Protector will file a Complaint/Summons on behalf of the child or young person in Youth Courts.

If the Youth Court Judge is of the view that there are sufficient grounds which are contained in the Complaint/Summons to warrant an investigation of the matter, he/she will proceed to call for a Social Report on the child or young person.

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 a Place of Safety or a place of temporary care and protection.

What orders can the Courts make?

If the Court 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;
Order the child or young person to be committed to a place of safety or a place of temporary care and protection; or
Place the child or young person under the supervision of a protector, an approved welfare officer or another person appointed by the Court.

The Court may make further orders requiring the child or young person and/or the parent or guardian to undergo counselling, psychotherapy or other forms of assessment and treatment or to participate in any activity. The aim of such order is to:

Resolve relationship problems between the child or young person and the parent or guardian;
Enable the parent or guardian to manage the child or young person; or
Enhance, promote and protect the well-being and safety of the child or young person.

The Courts may also require the parent or guardian to enter into a bond to comply with such order.

What if a parent / guardian wishes to contest the application?

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/Protector and the parents and/or their legal representatives before proceeding to make the necessary orders.

Appeals

Decisions of the Youth Courts are appealable to the Family Division of the High Court. Such appeals will be heard by the Judges of the Family Division of the High Court.

Judicial Monitoring

Court Reviews may be ordered for Youth Arrest cases where there is considerable uncertainty as to how the youth will respond to the Court orders, for example, the youth and/or the family is expected to undergo major transitions in the coming months or because probation/supervision was granted despite the offences/behaviours being serious or risk factors being substantial so as to give the youth a chance to demonstrate positive change in behaviour.

Over and above regular Court Reviews, the Court may order the reviews for suitable cases to take the mode of “Progress Presentations Reviews” where the youth is required to make a presentation of his/her own progress on the date of the review in Court. The youth plays a more active role and has to take full ownership for the review of his/her own performance/behaviour.

Court Reviews may also be ordered for selected child protection cases to see if the child or young person involved is still in need of care and protection and/or whether the existing orders should continue, be varied/extended, or discharged.