In forceAmended2020 Revised Edition

Contents

Children and Young Persons Act 1993 · 2020 Revised Edition · Part 2 · Protection of Children and Young Persons

12. Assessment, examination and treatment of child or young person, etc.

Amended

Last amended by an amending law of 2019. 2 amendments in all.

(1)

A registered medical practitioner, a psychologist or an approved welfare officer to whom a child or young person is brought under section 10 or 11 —

(a)

must conduct the requisite assessment of the child or young person and report his or her assessment to the Director‑General, 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‑General, 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 the registered medical practitioner, psychologist or approved welfare officer considers necessary as a result of his or her 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 pain, suffering or injury, or emotional harm or injury to his or her health or development as a result of being ill‑treated, the registered medical practitioner, psychologist or approved welfare officer must immediately notify the Director‑General, protector or police officer (as the case may be) who presented the child or young person for assessment.

(3)

Section 115 applies 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 115(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‑General, protector or police officer may authorise the hospitalisation of the child or young person.[9A

Terms defined in s 2

approved welfare officer
Defined · s 2
“approved welfare officer” means a person who is appointed by the Director‑General under section 3(4) to carry out any investigation, assessment, supervision, consultation or evaluation in relation to any child or young person or the parent, guardian or family members thereof for the purpose of determining the welfare and state of development of such child or young person or for any other purpose under this Act;
Open s 2
assessment
Defined · s 2
“assessment” means an assessment to determine either the state of the health or development of the child or young person or whether the child or young person is in need of care or protection or both, and includes a forensic medical examination;
Open s 2
child
Defined · s 2
“child” means a person who is below 14 years of age;
Open s 2
development
Defined · s 2
“development” means physical, intellectual, psychological, emotional, social or behavioural development;
Open s 2
Director‑General
Defined · s 2
“Director‑General” means the Director‑General of Social Welfare;
Open s 2
emotional harm
Defined · s 2
“emotional harm”, in relation to a child or young person, means any serious impairment to the growth, development, or behavioural, cognitive or affective functioning, of the child or young person, and includes —(a)delayed mental and physical development of the child or young person;(b)a child or young person assessed by the Director‑General, a protector or an approved welfare officer to be of danger to himself or herself or to other persons;(c)a child or young person assessed by the Director‑General, a protector or an approved welfare officer to be severely withdrawn, anxious or depressed; and(d)a child or young person diagnosed by a medical practitioner as having a mental health condition such as post‑traumatic stress disorder, anxiety, depression or psychosomatic disorder;
Open s 2
guardian
Defined · s 2
“guardian”, in relation to a child or young person, includes any person who, in the opinion of the court having cognizance of any case in relation to the child or young person, or in which the child or young person is concerned, has for the time being the charge of, or control over, the child or young person;
Open s 2
health
Defined · s 2
“health” means physical or mental health;
Open s 2
protector
Defined · s 2
“protector” means any public officer or other person who is appointed or authorised by the Director‑General under section 3(3) to exercise the powers and perform the duties of a protector under this Act;
Open s 2
registered medical practitioner
Defined · s 2
“registered medical practitioner” means a medical practitioner registered under the Medical Registration Act 1997, and includes a dentist registered under the Dental Registration Act 1999;
Open s 2
young person
Defined · s 2
“young person” means a person who is 14 years of age or older but below 18 years of age.
Open s 2