Singapore legislation

Clause 10

of Children and Young Persons (Amendment) Bill

Clause 10

Repeal and re-enactment of section 9 and new section 9A

Section 9 of the principal Act is repealed and the following sections substituted therefor:“Power to remove child or young person to place of temporary care and protection, etc.9.—

(1)

Where the Director, a protector or a police officer is satisfied on reasonable grounds that a child or young person is in need of care or protection, the Director, protector or police officer may without warrant and with such assistance and by such force as is necessary, by day or by night enter any place in which the child or young person is to be found and —

(a)

remove the child or young person and commit him to a place of temporary care and protection or to the care of a fit person until the child or young person can be brought before a Juvenile Court to be dealt with under section 49; or

(b)

remove the child or young person and, before committing him to a place of temporary care and protection or to the care of a fit person under paragraph (a), present the child or young person before a registered medical practitioner, a psychologist or an approved welfare officer for an assessment or for any medical or other treatment as may be necessary.(2) Subject to subsection (3), every child or young person who is removed by the Director, a protector or a police officer under section 8A or this section shall, unless he is sooner returned to the custody of his parent or guardian, be brought before a Juvenile Court within 3 working days from the date of his being so removed in order that he may be dealt with under section 49.(3) If for any reason it is not possible for the child or young person to be brought before a Juvenile Court within the time specified in subsection (2) —

(a)

the Director, protector or police officer (as the case may be) who removed the child or young person under subsection (1) shall, within 3 working days from the date of the removal of the child or young person, inform the Juvenile Court of the removal and the reason for which it is not possible to comply with subsection (2); and

(b)

the Juvenile Court may make such order as the circumstances may admit and require in relation to the custody, charge and care of the child or young person until such time as the child or young person may be brought before the Juvenile Court.(4) Where the Director or a protector is of the view that any contact or access between the child or young person removed under subsection (1) and any other person is not in the best interests of the child or young person, the Director or protector may order that —

(a)

the other person concerned shall not make any contact or have access to the child or young person during the period before the child or young person is brought before the Juvenile Court under subsection (2); or

(b)

the other person concerned may only have contact or access to the child or young person subject to such conditions as the Director or protector may impose.Assessment, examination and treatment of child or young person, etc.9A.—

(1)

A registered medical practitioner, a psychologist or an approved welfare officer to whom a child or young person is brought under section 8A or 9 —

(a)

shall conduct the requisite assessment of the child or young person and report his assessment to the Director, protector or police officer, as the case may be, who presented the child or young person for assessment; and

(b)

may, with the consent of the parent or guardian of the child or young person or, if such consent cannot be obtained or if there is immediate risk to the health of the child or young person, with the authorisation of the Director, protector or police officer —

(i)

administer or cause to be administered to the child or young person such procedures and tests as may be necessary to diagnose the condition of the child or young person; and

(ii)

provide or cause to be provided to the child or young person such treatment (including any surgical treatment) as he considers necessary as a result of his assessment or diagnosis.(2) If the registered medical practitioner, psychologist or approved welfare officer conducting the assessment of the child or young person under subsection (1) believes on reasonable grounds that the child or young person is suffering from any physical or emotional injury or any injury to his health or development as a result of being ill-treated, the registered medical practitioner, psychologist or approved welfare officer shall immediately notify the Director, protector or police officer, as the case may be, who presented the child or young person for assessment.(3) Section 87 shall apply to a registered medical practitioner, a psychologist or an approved welfare officer who makes a notification under this section as if it were a notification made under section 87(1).(4) If the registered medical practitioner conducting the assessment of the child or young person under this section is of the opinion that the hospitalisation of the child or young person is necessary for the purpose of treating the child or young person, the Director, protector or police officer may authorise the hospitalisation of the child or young person.”.