Singapore legislation
Section 54
Section 54
Powers of Youth Court in respect of children and young persons in need of care or protection
(1)
Subject to the provisions of this section and on the application made by the Director‑General or a protector, if a Youth Court is satisfied that any person brought before it is a child or young person in need of care or protection, the Court may —
order the parent or guardian of the child or young person to enter into a bond to exercise proper care and guardianship of the child or young person for such period as may be specified by the Court;
order —
the child or young person to be committed, for such period as the Court may specify, to the care of one of the following care‑providers as may be determined by the Director‑General or a protector:
a fit person;
a place of safety;
a place of temporary care and protection; and
that the Director‑General, a protector and the care‑giver of the child or young person may, without the consent of any parent or guardian of the child or young person but under the supervision of the Court, make decisions affecting the child or young person in accordance with section 55; or
without making any order, or in addition to an order, under paragraph (a) or (b), make an order placing the child or young person under the supervision of the Director‑General, a protector, an approved welfare officer or any other person appointed for that purpose by the Court, for such period as may be specified by the Court.
(2)
For the purposes of an order under subsection (1)(b), the Youth Court may further order that the determination by the Director‑General or protector as to the fit person to whom, or the place of safety or place of temporary care and protection to which, the child or young person is committed may be varied by the Director‑General or a protector (who may or may not have made the determination) during the period of the child’s or young person’s committal, even though the variation may result in the child or young person being committed to a different care‑provider, if the Director‑General or protector (as the case may be) thinks that it is in the best interests of the child or young person to do so.
(3)
Where —
a Youth Court has ordered the committal of a child or young person to the care of a fit person, or a place of safety or place of temporary care and protection (called in this subsection and subsection (4) the principal care‑provider) under subsection (1)(b); and
the principal care‑provider is unable to provide care for the child or young person for a period that is at least 8 weeks,the Director‑General or protector may arrange for the child or young person to be committed to the temporary care of another fit person, or a place of safety or place of temporary care and protection during that period, whether or not the arrangement would result in the child or young person being committed to a different care‑provider.
(4)
An arrangement by the Director‑General or a protector under subsection (3) is not to be treated as a variation under subsection (2) if the child or young person is returned to the principal care‑provider before the end of the arrangement under subsection (3).
(5)
Where any parent or guardian of the child or young person disagrees with a determination of the Director‑General or a protector under subsection (1)(b) or a variation of the determination under subsection (2), the parent or guardian (as the case may be) may apply to the Youth Court to review the determination or variation.
(6)
After reviewing a determination under subsection (1)(b) or variation under subsection (2), the Youth Court may order that the child or young person be committed to the care of such fit person, or to such place of safety or place of temporary care and protection as specified by the Court.
(7)
Where 3 variations have been made by the Director‑General or a protector under subsection (2) in respect of a child or young person before the expiry of the period specified by the Youth Court under subsection (1)(b)(i), and the Director‑General or a protector is of the view that a further variation during that period is necessary, the Director‑General or protector must apply to the Court for an order as to the appropriate fit person to whom, or the appropriate place of safety or place of temporary care and protection to which, the child or young person is to be committed.
(8)
A Youth Court may, in making any order under subsection (1), impose such conditions or give such directions as it thinks fit for the purpose of ensuring the safety and well-being of the child or young person in respect of whom such order is made, and every person upon whom such conditions are imposed or to whom such directions are given must comply with such conditions or directions.
(9)
No order under subsection (1) may be made without giving the parent or guardian of the child or young person an opportunity to attend and be heard.
(10)
Where the Youth Court considers the presence of a child or young person or his or her parent or guardian to be necessary or expedient for the purposes of the proceedings, the Court may compel the attendance of the child or young person or his or her parent or guardian by summons.
(11)
The Youth Court may dispense with the attendance of a child or young person in Court if it considers that the prejudicial effects (if any) of dispensing with his or her attendance is outweighed by any harm or injury to or any other detrimental effect on the welfare of the child or young person that will or may be caused to him or her by his or her attendance in Court.
(12)
Despite subsection (9), an order under subsection (1) may be made if the parent or guardian of the child or young person, having been required to attend, has failed to do so or cannot be found within a reasonable time.
(13)
In determining what order to be made under subsection (1), the Youth Court is to treat the welfare of the child or young person as the paramount consideration and is to endeavour to obtain such information as to the family background, general conduct, home environment, school record, medical history and state of development of the child or young person as may enable the Court to deal with the case in the best interests of the child or young person.
(14)
For the purpose of subsection (13), the Youth Court may —
require any person who, in the opinion of the Court, is able to furnish any information regarding the child or young person to furnish to the Court such information as the Court may specify;
require the parent or guardian of the child or young person to render such assistance to the Court as the Court thinks necessary;
order the child or young person to be sent for an assessment by a registered medical practitioner or an approved welfare officer;
require the parent or guardian of the child or young person to undergo such medical, psychiatric, psychological or other assessment as the Court thinks necessary; and
from time to time adjourn the case for such period as it thinks necessary and make in respect of the child or young person, as an interim order having effect only during the period of adjournment, any order which it could have made under subsection (1).
(15)
Where the Youth Court requires any child or young person or the parent or guardian of a child or young person to undergo any assessment under subsection (14)(c) or (d) —
the person carrying out the assessment must provide a written report to the Court, the Director‑General or a protector stating the results of the person’s assessment, and such report may be received and considered by the Court without being read aloud; and
the costs of and incidental to any such assessment must be borne by the parent or guardian of the child or young person, unless the Court directs otherwise.
(16)
If the Youth Court is not satisfied that the child or young person brought before it is in need of protection, the Court may order that the child or young person be returned to the care and custody of his or her parent or guardian.
(17)
The Youth Court may, at any time before the expiry of an order made under subsection (1) and on the application of the Director‑General or a protector, vary the period of the order or discharge the order if the Court is satisfied that it would be in the best interests of the person in respect of whom the order was made.
(18)
To avoid doubt, where an order to be varied or discharged under subsection (17) is an order made under subsection (1)(b) or (c) and involves a person who is older than 18 years of age (but below 21 years of age) at the time the order is to be varied or discharged, the Youth Court is not to extend the period for which the person is to be committed to the care of a fit person or to a place of safety or place of temporary care and protection, or placed under the supervision of the Director‑General, a protector, an approved welfare officer or a person appointed by the Court, as the case may be.
(19)
If the parent or guardian of the child or young person fails to enter into the bond within the time specified in the order made under subsection (1)(a) or breaches any condition of the bond, the parent or guardian shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.[49