Clause 41

Where an order is made by a Youth Court under section 49(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 49(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) as in force immediately before the date of commencement of section 40 of the Children and Young Persons (Amendment) Act 2019 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) as in force immediately before the date of commencement of section 40 of the Children and Young Persons (Amendment) Act 2019; or

under section 49(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.Youth Court powers in respect of children and young persons in need of enhanced care or protection49B.—

The Director‑General or a protector may apply to a Youth Court for an order mentioned in subsection (2) in respect of a child or young person who is the subject of an order made under section 49(1)(b) or (c) as in force immediately before the date of commencement of section 40 of the Children and Young Persons (Amendment) Act 2019, or section 49(1)(b).(2) On the application of the Director‑General or a protector, a Youth Court may, on being satisfied of the conditions mentioned in subsection (3), make an order that —

the child or young person be committed to the care of a fit person as determined by the Director‑General or protector, until the child or young person attains 21 years of age or for such shorter period as the Court may specify; and

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 49D.(3) For the purposes of subsection (2), the conditions are —

the child or young person has, as at the date of the application, been the subject of one or more orders under section 49(1)(b) or (c) as in force immediately before the date of commencement of section 40 of the Children and Young Persons (Amendment) Act 2019, or section 49(1)(b) for a cumulative period that is the specified period or longer;

both the parents of the child or young person, or where the child or young person has one or more guardians, all the guardians of the child or young person are not fit to provide care for the child or young person; and

it is not appropriate to return the child or young person to the care and custody of any of his parents, or where the child or young person has one or more guardians, any of his guardians at any time before the child or young person attains 21 years of age, or such younger age as the Youth Court may determine.(4) For the purposes of subsection (3)(c), the circumstances in which it is not appropriate to return the child or young person to the care and custody of his parent or guardian under that subsection include the following:

the parent or guardian had on one or more occasions previously failed to comply with the requirements of a proper care plan formulated by the Director‑General or a protector for the child or young person;

the parent or guardian had on one or more occasions previously failed or refused to undergo any mediation, counselling, psychotherapy or other assessment programme, treatment or such other activity that is conducted pursuant to a voluntary care agreement or an order made under —

section 51(1) as in force immediately before the date of commencement of section 43 of the Children and Young Persons (Amendment) Act 2019; or

section 51(4),for the purpose of facilitating the return of the child or young person to the care and custody of his parent or guardian;

the parent or guardian is incapable or unwilling to comply with the requirements of a proper care plan for the child or young person.(5) 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.(6) Where the Youth Court considers the presence of a child or young person or his 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 parent or guardian by summons.(7) 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 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 by his attendance in Court.(8) Despite subsection (5), an order under subsection (2) 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.(9) In determining what order to be made under subsection (2), 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.(10) The Youth Court may, at any time before the expiry of an order made under subsection (2) and on the application of any of the following persons, vary or discharge the order if the Court is satisfied that there has been any material change in the circumstances and it would be in the best interests of the child or young person:

the Director‑General or a protector;

any parent or guardian of the child or young person with the leave granted by the Court under subsection (11).(11) The Youth Court may, on the application of a parent or guardian of a child or young person in respect of whom an order is made under subsection (2), grant leave for the parent or guardian to apply to vary or discharge the order.(12) In this section and section 49C, “specified period” means —

where the child or young person is below 3 years of age — 12 months; or

where the child or young person is 3 years of age or older — 24 months.Application of section 49B to children and young persons under voluntary care agreements49C.—

Despite section 49B(1), where —

a child or young person has been committed to the care and custody of a care‑giver other than his parent or guardian under one or more voluntary care agreements, whether entered into before, on or after the date of commencement of section 41 of the Children and Young Persons (Amendment) Act 2019, for a cumulative period that is the specified period or longer; and

the child or young person is currently the subject of a voluntary care agreement,the Director‑General or a protector may apply to a Youth Court for an order mentioned in section 49B(2) in respect of the child or young person.(2) For the purposes of subsection (1), section 49B(2), (3), (4), (5), (6), (7), (8), (9), (10), (11) and (12) applies to an application mentioned in paragraph (1) except that —

any reference to a child or young person in that section is to be read as a reference to a child or young person mentioned in subsection (1); and

section 49B(3)(a) is omitted.Making of decisions that affect child or young person under court order made under section 49B(2) or 49C (read with section 49B)49D.—

Where an order is made by a Youth Court under section 49B(2) or 49C (read with section 49B) 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;

the care‑giver of the child or young person may decide on any category 2 matter relating to the child or young person if —

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; and

the care‑giver has consulted with such person as may be prescribed (if any) with respect to any particular category 2 matter; 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 49B(2) or 49C (read with section 49B) 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.(3) 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 make an application to the Youth Court for its determination.”.