Children and Young Persons Act 1993 · 2020 Revised Edition · Part 3 · Youth Court
56. Youth Court powers in respect of children and young persons in need of enhanced care or protection
Feedback & supportLast amended by an amending law of 2021. 2 amendments in all.
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) of this Act as in force immediately before 1 July 2020, or section 54(1)(b).
Director‑General
“Director‑General” means the Director‑General of Social Welfare;
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 —
protector
“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;
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 58.
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) of this Act as in force immediately before 1 July 2020, or section 54(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 or her parents, or where the child or young person has one or more guardians, any of his or her 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.
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 or her 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) of this Act as in force immediately before 1 July 2020; or
section 60(4),for the purpose of facilitating the return of the child or young person to the care and custody of his or her 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.
No order under subsection (2) may be made without giving the parent or guardian of the child or young person an opportunity to attend and be heard.
guardian
“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;
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.
young person
“young person” means a person who is 14 years of age or older but below 18 years of age.
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 or her 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 or her by his or her attendance in Court.
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.
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.
development
“development” means physical, intellectual, psychological, emotional, social or behavioural development;
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 permission granted by the Court under subsection (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 permission for the parent or guardian to apply to vary or discharge the order.
In this section and section 57, “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.[49B