OCTOBER 17 — The Child Act 2001 (Act 611) is an Act to consolidate and amend the laws relating to the care, protection and rehabilitation of children and to provide for matters connected therewith and incidental thereto.
Section 3(1) of the Act establishes a National Council for Children (NCC). Section 3(2) lists 11 functions of the NCC, the first of which is to advise and make recommendations to the government on all issues and aspects relating to the care, protection, rehabilitation, development and participation of children at the national, regional and international level.
Under Section 6(1), the NCC may establish such committees as it deems necessary or expedient to assist it in the performance of its functions under this Act.
Unlike Section 6(1) above, Section 7(1) uses the word “shall”. It says that the NCC “shall establish throughout Malaysia groups of persons, each group to be known as a ‘Child Protection Team’, for the purpose of co-ordinating locally-based services to families and children if children are or are suspected of being in need of care and protection”.
A Child Protection Team shall consist of the following members:
(a) not more than seven persons with appropriate experience, knowledge and expertise on matters relating to the care and protection of children, to be appointed by the Minister;(b) a medical officer; and(c) a senior police officer.
A Child Protection Team shall also be supervised by a Protector and shall have the authority to co-opt from time to time such other persons as it may reasonably require to assist it in the performance of its functions and duties or as the circumstances of each case may require, including any person qualified to advise on relevant indigenous, ethnic, cultural or religious factors.
According to Section 2(1), a Protector is the Director General (DG), Deputy DG, Divisional Director of the Department of Social Welfare, and any Social Welfare Officer appointed under Section 8.
Section 18(1) empowers a Protector or police office who is satisfied on reasonable grounds that a child is in need of care and protection to take the child into temporary custody, unless the Protector or police officer is satisfied that (a) the taking of proceedings in relation to the child is undesirable in the best interests of the child; or (b) the proceedings are about to be taken by some other person.
A Protector who takes a child into temporary custody shall immediately upon such taking, notify the parent or guardian of the child of such taking.
According to Section 19, every child who is taken into temporary custody under section 18 shall be brought before a Court For Children by the Protector within 24 hours exclusive of the time necessary for the journey from the place the child was so taken into custody to the Court For Children.
If it is not possible to bring a child before a Court For Children within the time specified, the child shall be brought before a Magistrate who may direct that the child to be temporarily placed in (a) a place of safety or centre; or (b) the care of a fit and proper person; until such time as the child can be brought before a Court For Children.
The person in charge of the place of safety or centre or such fit and proper person shall have the like control over, and responsibility for the maintenance of, the child as the parent of the child would have had. The child shall continue in the care of the person notwithstanding that the child is claimed by his parent or guardian or any other person.
Section 17(1) lists 11 types of a child who is in need of care and protection, which includes a child who has been or there is substantial risk that the child will be physically injured or emotionally injured or sexually abused.
The above provisions of the law should explain why the children rescued from GISBH-owned charity homes during Op Global were handed over to the Social Welfare Department as the DG, Deputy DG, Divisional Directors and Social Welfare Officers are Protectors of children in need of care and protection.
The same has been explained by the Inspector-General of Police Tan Sri Razarudin Husain on Tuesday (Oct 15).
The children are our children. Let’s have faith in the law and the institutions it creates to care and protect our children.
