Singapore legislation
Section 59
Section 59
Power of Youth Court to make family guidance orders
(1)
On the application made by a parent or guardian of a child or young person, a Youth Court may make an order described in subsection (4), where —
the parent or guardian is unable to guide the child or young person and the child or young person needs to be guided by a person other than the parent or guardian;
the parent or guardian, and the child or young person have completed a family programme; and
the Court is satisfied that the parent or guardian understands the consequences which will follow from, and consents to, the making of the order.
(2)
An application made under subsection (1) must be accompanied by a recommendation of an approved welfare officer.
(3)
A Youth Court may in any appropriate case do either or both of the following:
dispense with the requirement mentioned in subsection (1)(b);
if the Court dispenses with the requirement mentioned in subsection (1)(b), order the parent or guardian, and the child or young person to complete the family programme at any stage of the proceedings.
(4)
For the purposes of subsection (1), the Youth Court may order that the child or young person —
be placed under the supervision of an approved welfare officer or some other person appointed for the purpose by the Court for a period not exceeding 3 years;
be committed to the care of a fit person for a period not exceeding 3 years; or
be committed to the care of a place of safety for a period not exceeding 3 years.
(5)
An order under subsection (4)(b) or (c) may provide that —
the fit person to whom, or the place of safety to which, the child or young person is to be committed (called in this section a care‑provider), be determined by the Director‑General or a protector; and
the determination under paragraph (a) may be varied by the Director‑General, a protector or an approved welfare officer (who may or may not have made the determination) during the period of the child’s or young person’s committal, in accordance with such requirements as may be prescribed, even though the variation may result in the child or young person being committed to a different care‑provider, if the Director‑General, protector or approved welfare officer (as the case may be) thinks that it is in the best interests of the child or young person to do so.
(6)
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.
(7)
Where the Youth Court requires further information to be provided as to the family background, general conduct, home environment, school record, medical history and state of development of the child or young person, the Court may order that the child or young person be committed to the care of such fit person or such place as may be determined by the Director‑General or a protector pending the receipt of such information by the Court.
(8)
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 (called in this subsection and subsection (9) the principal care‑provider) under subsection (4)(b) or (c); and
the principal care‑provider is unable to provide care for the child or young person for a period of at least 8 weeks,the Director‑General, a protector or an approved welfare officer may arrange for the child or young person to be committed to the temporary care of another fit person or a place of safety, whether or not the arrangement would result in the child or young person being committed to a different care‑provider for that period.
(9)
An arrangement by the Director‑General, a protector or an approved welfare officer under subsection (8) is not to be treated as a variation under subsection (5)(b) if the child or young person is returned to the principal care‑provider before the end of the arrangement under subsection (8).
(10)
Where 3 variations have been made by the Director‑General, a protector or an approved welfare officer under subsection (5)(b) in respect of a child or young person before the expiry of the period specified by the Youth Court under subsection (4)(b) or (c) (as the case may be), and the Director‑General, a protector or an approved welfare officer is of the view that a further variation during that period is necessary, the Director‑General, protector or approved welfare officer must apply to the Court for an order as to the appropriate fit person to whom, or the appropriate place of safety to which, the child or young person is to be committed.
(11)
The Youth Court has the power to make one order or a combination of orders mentioned in subsection (4)(a), (b) and (c) in relation to a child or young person concerned.
(12)
The duration of any order or any combination of orders made by the Youth Court under subsection (4) must not exceed a continuous period of 3 years.
(13)
Where a Youth Court makes any order mentioned in subsection (4)(a), (b) and (c) —
a report on the living conditions of the child or young person, the standard of care and supervision provided to the child or young person, the progress made by the child or young person and such other matters as may be prescribed must be submitted to the Court within 6 months after the order is made, or such other period as the Court may specify in the order, by —
if the Court makes an order mentioned in subsection (4)(a) — an approved welfare officer or a person appointed by the Court;
if the Court makes an order mentioned in subsection (4)(b) —
in the case where the fit person to whom the child or young person is committed is a relative of the child or young person — an approved welfare officer; or
in any other case — the fit person; or
if the Court makes an order mentioned in subsection (4)(c) — the care‑giver of the child or young person or an approved welfare officer;
the Court may, upon receiving the report mentioned in paragraph (a), order for one or more further reports to be submitted to the Court at such frequency as the Court may specify, for the purpose of monitoring the progress of the child or young person; and
the Court may order a parent or guardian of the child or young person to enter into a bond to undertake to commit his or her best efforts to exercise proper care and guardianship.
(14)
The provisions of section 54(8), (13), (14) and (15) apply, with the necessary modifications, in respect of an order made by the Youth Court under subsection (4) as they apply in respect of an order made by the Court under section 54(1).
(15)
The Youth Court may, on the application of the Director‑General, a protector or a parent or guardian of a child or young person in respect of whom an order under subsection (4) has been made, vary the period of the order or discharge the order if the Court is satisfied that it is in the best interests of the child or young person to do so.
(16)
To avoid doubt, where an order to be varied or discharged under subsection (15) involves a person who is older than 16 years of age (but below 19 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 placed under the supervision of an approved welfare officer or a person appointed by the Court, as the case may be.
(17)
An application made under subsection (1) may only be withdrawn with the consent of the Youth Court.
(18)
Where a parent or guardian of a child or young person fails to comply with any order of the Youth Court made under subsection (3)(b), the parent or guardian shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.
(19)
In this section —
Definition
“family programme” means such family programme that is approved and specified by the Director‑General and which seeks to —
resolve any relationship problem between a child or young person and any parent, or where the child or young person has one or more guardians, any guardian, of the child or young person;
rehabilitate or assist in the rehabilitation of a child or young person;
enable any parent of a child or young person, or where the child or young person has one or more guardians, any of his or her guardians to manage the child or young person; or
enhance, promote or protect the physical, social and emotional wellbeing and safety of a child or young person;
Definition
“recommendation”, in relation to a child or young person, means a document specifying the following:
the risks and requirements of the child or young person at a particular point in time;
the proposed activities and programmes that the child or young person or his or her parent or guardian, or both, should attend for the purpose of enabling the parent or guardian to address the risks and requirements raised about the child or young person at that point in time;
such other matters as may be prescribed;
Definition
“young person” means a person who is 14 years of age or older but below 16 years of age.[50