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In forceAmended2020 Revised Edition
Contents

Part 3 · Youth Court

58. Making of decisions that affect child or young person under court order made under section 56(2) or 57 (read with section 56)

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Amended

Last amended by an amending law of 2019.

(1)

Where an order is made by a Youth Court under section 56(2) or 57 (read with section 56) in respect of a child or young person —

(a)

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;

(b)

the Director‑General or a protector may decide on any category 2 matter relating to the child or young person;

(c)

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

(i)

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

(ii)

the care‑giver has consulted with such person as may be prescribed (if any) with respect to any particular category 2 matter; and

(d)

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 56(2) or 57 (read with section 56) 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 —

(a)

one of the following grounds is satisfied:

(i)

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;

(ii)

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;

(iii)

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

(b)

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.[49D

Report

Part 3A

Inspection of Government Homes for Children and Young Persons and Board of Review, Etc.

Part 4

Remand Homes

Part 5

Places of Detention

Part 6

Juvenile Rehabilitation Centres and Places of Safety

Part 7

Provisions Applicable to Persons Being Detained in Juvenile Rehabilitation Centres, Places of Safety, Remand Homes and Places of Detention

Part 8

Expenses and Contributions

Part 9

Miscellaneous

Schedules