Singapore legislation
Section 55
Section 55
Making of decisions that affect child or young person under court order made under section 54(1)(b)
(1)
Where an order is made by a Youth Court under section 54(1)(b) in respect of a child or young person —
the Director‑General, a protector or the care‑giver of the child or young person may decide on any category 1 matter relating to the child or young person;
the Director‑General or a protector may decide on any category 2 matter relating to the child or young person if —
either of the following grounds is satisfied:
both the parents, or where the child or young person has one or more guardians, all the guardians, of the child or young person cannot be contacted by the Director‑General or a protector after reasonable attempts have been made by the Director‑General or protector to contact the parents or guardians;
both the parents, or where the child or young person has one or more guardians, all the guardians, of the child or young person are incapable or unwilling to decide on the matter; or
the Director‑General or a protector makes an application to the Court under subsection (2) for an order to enable the Director‑General or a protector to decide on any category 2 matter relating to the child or young person, and the Court grants the application;
the care‑giver of the child or young person may decide on any category 2 matter relating to the child or young person if —
all the following conditions are satisfied:
either of the grounds mentioned in paragraph (b)(i) is satisfied;
the Director‑General or a protector has authorised the care‑giver in writing to decide on any category 2 matter relating to the child or young person;
the care‑giver has consulted with such person as may be prescribed (if any) with respect to any particular category 2 matter; or
the Director‑General or a protector makes an application to the Court under subsection (2) for an order to enable the care‑giver to decide on any category 2 matter relating to the child or young person, and the Court grants the application; and
if the Director‑General or a protector is of the view that a decision made by the care‑giver of the child or young person under paragraph (a) or (c) is not in the best interests of the child or young person, the Director‑General or protector may (where feasible) vary or reverse the decision of the care‑giver.
(2)
Where an order is made by a Youth Court under section 54(1)(b) in respect of a child or young person and neither of the grounds mentioned in subsection (1)(b)(i) is satisfied, the Court may, on the application of the Director‑General or a protector, make an order to enable the Director‑General, a protector or care‑giver of the child or young person to decide on any category 2 matter relating to the child or young person.
(3)
Where an order is made by the Youth Court under section 49(1)(b) or (c) of this Act as in force immediately before 1 July 2020 in respect of a child or young person, the Court may, on the application of the Director‑General or a protector, make an order that subsections (1) and (2) apply in respect of the making of decisions that affect the child or young person.
(4)
Where an order is made by a Youth Court —
under section 49(1)(b) or (c) of this Act as in force immediately before 1 July 2020; or
under section 54(1)(b) on or after that date,in respect of a child or young person, the Court may, on the application of the Director‑General or a protector, make an additional order to enable the Director‑General or a protector to decide on a category 3 matter relating to the child or young person, if —
one of the following grounds is satisfied:
both the parents, or where the child or young person has one or more guardians, all the guardians, of the child or young person cannot be contacted by the Director‑General or a protector after reasonable attempts have been made by the Director‑General or protector to contact the parents or guardians;
both the parents, or where the child or young person has one or more guardians, all the guardians, of the child or young person are incapable or unwilling to decide on the category 3 matter;
any parent or guardian of the child or young person has decided or is likely to decide on the category 3 matter in a manner that is detrimental to the interests of the child or young person; and
the Court is of the view that it is in the best interests of the child or young person for the Director‑General or protector to decide on the category 3 matter.
(5)
Any parent or guardian of a child or young person who disagrees with any decision made by the Director‑General, a protector or the care‑giver of the child or young person under this section may apply to the Youth Court for the Court’s determination of the matter.[49A