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Child Act 2001- Part 1

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611

Incorporating all amendments up to 1 January 2007

Revised up to ... ... ...

20 December 2011

Date of Royal Assent ... ... ... ...

15 February 2001

Date of publication in the Gazette ... ...

1 March 2001

Date of coming into operation ... ...

1 August 2002

 

 

ACT 611 
CHILD ACT 2001 
(
Click here to see Annotated Statutes of this Act)

Part I PRELIMINARY

SECTION

1.Short title, application and commencement

2.Interpretation

Part II CO-ORDINATING COUNCIL FOR THE PROTECTION OF CHILDREN

SECTION

3.Establishment of the Co-ordinating Council for the Protection of Children

4.Membership of Council

5.Meeting of Council

6.Establishment of committees

7.Establishment of Child Protection Teams

Part III APPOINTMENT OF PROTECTOR, ETC.

SECTION

8.Appointment and powers of Protectors

9.Appointment of Registrar General and Registrar

10.Appointment of probation officers

Part IV COURTS FOR CHILDREN

SECTION

11.Constitution and jurisdiction of Court For Children

12.Place of sitting and persons who may be present in Court For Children

13.Period specified in any order made by Court For Children not to extend beyond the date child attains the age of eighteen years

14.Court For Children may order detention, etc., to extend beyond the date child attains the age of eighteen years

15.Restrictions on media reporting and publication

16.Presumption as to age

Part V CHILDREN IN NEED OF CARE AND PROTECTION

Chapter 1 GENERAL

SECTION

17.Meaning of child in need of care and protection

Part V CHILDREN IN NEED OF CARE AND PROTECTION

Chapter 2 TEMPORARY CUSTODY AND MEDICAL EXAMINATION AND TREATMENT

SECTION

18.Taking a child into temporary custody

19.Production before Court For Children

20.Child in need of medical examination or treatment

21.Medical examination and treatment

22.Authorization of hospitalization

23.Control over hospitalized children

24.Authorization of medical treatment

25.Steps to be taken after medical examination or treatment

26.No liability incurred for giving authorization

27.Duty of medical officer or medical practitioner

28.Duty of member of the family

29.Duty of child care provider

30.Powers of Court For Children

Part V CHILDREN IN NEED OF CARE AND PROTECTION

Chapter 3 OFFENCES IN RELATION TO THE HEALTH AND WELFARE OF CHILDREN

SECTION

31.Ill-treatment, neglect, abandonment or exposure of children

32.Children not to be used for begging, etc.

33.Offence to leave child without reasonable supervision

Part V CHILDREN IN NEED OF CARE AND PROTECTION

Chapter 4 NOTIFICATION ON TAKING A CHILD INTO CARE, CUSTODY OR CONTROL

SECTION

34.Application and interpretation

35.Notification of taking a child into care, custody or control

36.Subsequent obligations

37.Power of Protector to require child to be produced before him

Part VI CHILDREN IN NEED OF PROTECTION AND REHABILITATION

Chapter 1 GENERAL

SECTION

38.Meaning of child in need of protection and rehabilitation

39.Removal of a child to place of refuge

40.Orders upon completion of an inquiry

41.Children in urgent need of protection

42.Inquiries and detention of a child who has been bought or acquired under false pretences, etc.

Part VI CHILDREN IN NEED OF PROTECTION AND REHABILITATION

Chapter 2 Offences

SECTION

43.Offences

44.Presumptions relating to section 43

45.Detention pending proceedings

Part VII BEYOND CONTROL

SECTION

46.Children beyond control

47.Supervision by probation officer

Part VIII TRAFFICKING IN AND ABDUCTION OF CHILDREN

SECTION

48.Unlawful transfer of possession, custody or control of child

49.Importation of child by false pretences

50.Examination of child and person in charge

51.Protector may require security

52.Offence of taking or sending out a child without appropriate consent of person having lawful custody

53.Recovery order

Part IX INSTITUTIONS

Chapter 1 PLACES OF SAFETY AND PLACES OF REFUGE

SECTION

54.Places of safety

55.Places of refuge

56.Child who escapes or is removed from place of safety or place of refuge

57.Offence of removing or helping a child to escape from place of safety or place of refuge

Part IX INSTITUTIONS

Chapter 2 PLACES OF DETENTION

SECTION

58.Places of detention

59.Child who escapes or is removed from place of detention

60.Offence of removing or helping a child to escape from place of detention

Part IX INSTITUTIONS

Chapter 3 PROBATION HOSTELS

SECTION

61.Probation hostels

62.Child under ten years of age not to be sent to probation hostel

63.Child who escapes or is removed from probation hostel

64.Offence of removing or helping a child to escape from probation hostel

Part IX INSTITUTIONS

Chapter 4 Approved schools

SECTION

65.Approved schools

66.Child under ten years of age not to be sent to approved school

67.When a child can be sent to approved school

68.Approved school order to be delivered to the authority, etc., who conveys child to the school

69.Further detention in approved school beyond period of order

70.Aftercare of child released from approved school

71.Escape from approved school, etc., or failure to return to approved school after expiry of leave, etc.

72.Offence of removing or helping a child to escape from approved school

Part IX INSTITUTIONS

Chapter 5 HENRY GURNEY SCHOOLS

SECTION

73.Henry Gurney Schools

74.Child under fourteen years of age not to be sent to Henry Gurney School

75.When a child can be sent to Henry Gurney School

Part IX INSTITUTIONS

Chapter 6 SPECIAL PROVISIONS IN RELATION TO PLACES OF SAFETY, PLACES OF REFUGE, APPROVED SCHOOLS AND HENRY GURNEY SCHOOLS

SECTION

76.Power in respect of persons of eighteen years but under twenty-one years of age

77.Power of Minister to remove person undergoing imprisonment to Henry Gurney School

78.Power of Minister to remove child undergoing imprisonment to approved school or Henry Gurney School

79.Power to substitute term of detention to term of imprisonment

80.Transfer of child from one place of safety or place of refuge to another place of safety or place of refuge

Part IX INSTITUTIONS

Chapter 7 MISCELLANEOUS

SECTION

81.Child or person detained to be subject to regulations

82.Board of Visitors

Part X cRIMINAL PROCEDURE IN COURT FOR CHILDREN

Chapter 1 CHARGE, BAIL, ETC.

SECTION

83.Trials of children to be in conformity with this Act

84.Bail

85.Separation of child from adult in police stations or Courts

86.Custody of child not discharged on bail after arrest

87.Submission of information by police officer after arrest

Part X cRIMINAL PROCEDURE IN COURT FOR CHILDREN

Chapter 2 TRIALS

SECTION

88.Parent or guardian required to attend

89.Parents or guardian may be required to withdraw

90.Procedure in Court For Children

Part X cRIMINAL PROCEDURE IN COURT FOR CHILDREN

Chapter 3 POWERS OF THE COURT FOR CHILDREN AT THE CONCLUSION OF THE TRIAL

SECTION

91.Powers of Court For Children on proof of offence

92.Manner of executing whipping

93.Parent or guardian to execute bond

94.Power to order parent or guardian to pay fine, etc., instead of child

95.Appeals

96.Restrictions on order of imprisonment

97.Death

Part X cRIMINAL PROCEDURE IN COURT FOR CHILDREN

Chapter 4 PROBATION

SECTION

98.When probation may be ordered

99.Failure to comply with probation order

100.Commission of further offence

101.Effects of probation

102.Amendment of probation order

103.Discharge of probation order

104.Court to give copies of amending or discharging order to probation officer

Part XI IN THE CARE OF FIT AND PROPER PERSON

SECTION

105.Child placed in the care of fit and proper person

106.Child who escapes or is removed from the care of fit and proper person

107.Offence of removing or helping a child to escape from the care of fit and proper person

Part XII CONTRIBUTION ORDERS

SECTION

108.Contribution by parent or guardian or other person

Part XIII INVESTIGATION, ARREST, SEARCH, SEIZURE, ETC.

SECTION

109.Power of investigation

110.Power to arrest without warrant

111.Search by warrant

112.Search without warrant

113.Power to examine person

114.Inspection

115.Obstruction

116.Protection of informers

Part XIV MISCELLANEOUS

SECTION

117.Power of Court For Children conferred on High Court

118.Register

119.Contents of Register

120.Access to Register

121.Offence in respect of Register

122.Certificate of Registrar to be evidence

123.Protection against suit and legal proceedings

124.Public servant

125.General penalty

126.Institution and conduct of prosecution

127.Service of document

128.Power to make regulations

Part XV SAVINGS AND TRANSITIONAL PROVISIONS

SECTION

129.Interpretation

130.Repeal

131.References to Juvenile Court, etc.

132.Continuance of Council, etc.

133.Continuance of rules, etc.

134.Institutions established or appointed

135.Prevention of anomalies

First Schedule

Second Schedule

An Act to consolidate and amend the laws relating to the care, protection and rehabilitation of children and to provide for matters connected therewith and incidental thereto.

[1 August 2002, P.U.(B) 229/2002]

RECOGNIZING that the country's vision of a fully developed nation is one where social justice and moral, ethical and spiritual developments are just as important as economic development in creating a civil Malaysian society which is united, progressive, peaceful, caring, just and humane:

RECOGNIZING that a child is not only a crucial component of such a society but also the key to its survival, development and prosperity:

ACKNOWLEDGING that a child, by reason of his physical, mental and emotional immaturity, is in need of special safeguards, care and assistance, after birth, to enable him to participate in and contribute positively towards the attainment of the ideals of a civil Malaysian society:

RECOGNIZING every child is entitled to protection and assistance in all circumstances without regard to distinction of any kind, such as race, colour, sex, language, religion, social origin or physical, mental or emotional disabilities or any other status:

ACKNOWLEDGING the family as the fundamental group in society which provides the natural environment for the growth, support and well-being of all its members, particularly children, so that they may develop in an environment of peace, happiness, love and understanding in order to attain the full confidence, dignity and worth of the human person:

RECOGNIZING the role and responsibility of the family in society, that they be afforded the necessary assistance to enable them to fully assume their responsibilities as the source of care, support, rehabilitation and development of children in society:

NOW, THEREFORE, ENACTED by the Parliament of Malaysia as follows:

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/1.Short title, application and commencement

 

Part I PRELIMINARY

 

1. Short title, application and commencement

(1) This Act may be cited as the Child Act 2001.

(2) This Act applies throughout Malaysia.

(3) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/2.Interpretation

 

2. Interpretation

(1) In this Act, unless the context otherwise requires--

"member of the family"

includes a parent or a guardian, or a member of the extended family, who is a household member;

"household member"

means a person who ordinarily resides in the same household as the child;

"probation hostel"

means a hostel established or appointed under section 61 as a place of residence for children required to reside there under Part X;

"Register"

means the Register kept and maintained under section 118;

"prescribed"

means prescribed by regulations made under section 128;

"hospital"

means any Government hospital or any teaching hospital of a University;

"foster parent"

means a person, not being a parent or a relative of a child--

 

  • (a) 

    to whom the care, custody and control of a child has been given by order of a Court under paragraph 30(1)(e) ; or 

  • (b) 

    permitted by the Protector under section 35 or 37, as the case may be, to receive a child into his care, custody and control; 

"Child Welfare Committee",

in relation to a State, means a Committee appointed by the Minister to oversee the welfare of persons coming within the purview of Part X and to assist the probation officer in any district or area;

"grave crime" i

ncludes--

 

  • (a) 

    the offences of murder, culpable homicide not amounting to murder or attempted murder; 

  • (b) 

    all offences under the Firearms (Increased Penalties) Act 1971 [ Act 37]; 

  • (c) 

    all offences under the Internal Security Act 1960 [ Act 82] punishable with imprisonment for life or with death; 

  • (d) 

    all offences under the Dangerous Drugs Act 1952 [ Act 234] punishable with imprisonment for more than five years or with death; and 

  • (e) 

    all offences under the Kidnapping Act 1961 [ Act 365]; 

"child"

--

 

  • (a) 

    means a person under the age of eighteen years; and 

  • (b) 

    in relation to criminal proceedings, means a person who has attained the age of criminal responsibility as prescribed in section82 of the Penal Code [Act 574]; 

"probationer"

means a child for the time being under supervision by virtue of a probation order;

"extended family",

in relation to a person, means persons related by consanguinity, affinity or adoption to that person;

"Director General"

means the Director General of Social Welfare;

"probation report"

means a report prepared by a probation officer under subsection 90(13);

"Board of Visiting Justices"

means the Board of Visiting Justices appointed under section 64 of the Prison Act 1995 [Act 537];

"Board of Visitors"

means the Board of Visitors appointed by the Minister under section 82;

"Court"

means the Court For Children or any other Court, as the case may require;

"Court For Children"

means the Court For Children constituted under section 11;

"Magistrate's Court"

means a Court of a Magistrate of the First Class;

"Supervising Court"

means the Court For Children for the district or area in which a probationer is required to reside;

"Magistrate"

means a Magistrate of the First Class;

"Council"

means the Co-ordinating Council for the Protection of Children established under section 3;

"Minister"

means the Minister or Ministers for the time being charged with the responsibility for the matter or matters in connection with which the reference to the "Minister" is made, acting individually or jointly or in consultation, as the case may require;

"Child Protection Team"

means a team established by the Council under section 7;

"probation officer"

means a probation officer appointed under section 10;

"senior police officer"

has the same meaning as in the Police Act 1967 [ Act 344];

"Social Welfare Officer"

means any Social Welfare Officer in the Ministry or Department responsible for welfare services and includes any Assistant Social Welfare Officer;

"medical officer"

means a registered medical practitioner in the service of the Government and includes a registered medical practitioner in any teaching hospital of a University;

"police officer"

has the same meaning as in the Police Act 1967;

"prostitution"

means the act of a person offering that person's body for sexual gratification for hire whether in money or in kind; and "prostitute" shall be construed accordingly;

"Protector"

means--

 

  • (a) 

    the Director General; 

  • (b) 

    the Deputy Director General; 

  • (c) 

    a Divisional Director of Social Welfare, Department of Social Welfare; 

  • (d) 

    the State Director of Social Welfare of each of the States; 

  • (e) 

    any Social Welfare Officer appointed under section8; 

"owner"

--

 

  • (a) 

    in relation to any place-- 

  • (i) 

    means the registered proprietor of the place; 

  • (ii) 

    the lessee, including a sublessee, of the place whether registered or otherwise; or 

  • (iii) 

    the agent or trustee of any of the persons described in subparagraphs (i) and (ii); and 

  •  

     

  • (b) 

    in relation to any conveyance, means the registered owner of the conveyance; 

"Registrar"

means the Registrar of Children in Need of Protection appointed under subsection 9(2) and includes the Registrar General;

"Registrar General"

means the Registrar General of Children in Need of Protection appointed under subsection 9(1);

"registered medical practitioner"

means a medical practitioner registered under the Medical Act 1971 [ Act 50];

"conveyance" i

ncludes an aircraft, a ship, a boat or a vessel whether afloat or not, and any vehicle;

"child care provider"

means a person who looks after one or more children for valuable consideration for any period of time;

"occupier"

--

 

  • (a) 

    means a person in occupation or control of any place; and 

  • (b) 

    in relation to places different parts of which are occupied by different persons, means the respective person in occupation or control of each part; 

"guardian",

in relation to a child, includes any person who, in the opinion of the Court For Children having cognizance of any case in relation to the child or in which the child is concerned, has for the time being the charge of or control over the child;

"probation order"

means a probation order made under section 98;

"Henry Gurney School order"

means an order made by a Court For Children sending a child aged fourteen years or above to a Henry Gurney School;

"approved school order"

means an order made by a Court For Children sending a child to an approved school;

"contribution order"

means a contribution order made under section 108;

"centre"

means a privately-owned shelter or institution approved by the Minister, set up for the care, protection and rehabilitation of children;

"brothel"

means any place occupied or used by any two or more persons whether at the same time or at different times for the purpose of prostitution;

"Henry Gurney School"

means a school--

(a) established or appointed under section 73; and 

(b) under the direction and control of the Director General of Prisons and approved by the Minister for the education, training and detention of persons to be sent there in pursuance of Part X; 

"approved school"

means a school established or appointed under section 65 and includes a centre;

"place"

includes any building, house, office, shop, flat, room or cubicle or part thereof, any open or enclosed space, and any conveyance;

"place of assignation"

means any place where communication is established with any child either directly or through intermediary for purposes of prostitution;

"place of refuge"

means any place of refuge established or appointed under section 55;

"place of safety"

means any place of safety established or appointed under section 54;

"place of detention""

(a) means any place of detention established or appointed under section 58; and 

(b) includes accommodation in a police station, police cell or lock-up, separate or apart from adult offenders; 

"probation period"

means the period for which a probationer is placed under supervision by a probation order;

"Deputy Director General"

means the Deputy Director General of Social Welfare.

(2) In this Act, unless the context otherwise requires, the Federal Territory of Kuala Lumpur and the Federal Territory of Labuan shall each be regarded as a State.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/3.Establishment of the Co-ordinating Council for the Protection of Children

Part II CO-ORDINATING COUNCIL FOR THE PROTECTION OF CHILDREN

3. Establishment of the Co-ordinating Council for the Protection of Children

(1) There shall be established a Council which shall be known as the "Co-ordinating Council for the Protection of Children".

(2) The Council shall--

(a) be responsible for advising the Minister on all aspects of child protection; 

(b) design an efficient and effective management system throughout Malaysia incorporating information channels for reporting cases of children in need of protection; 

(c) recommend services that are specifically oriented to meet the needs of persons, children and families in need of child protection services; 

(d) co-ordinate the various resources of any Government Department which is involved with child protection; 

(e) develop programmes to educate the public in the prevention of child abuse and neglect; 

(f) advise on the management, operation and practice of Child Protection Teams throughout Malaysia; 

(g) advise on the development of training programmes for members of Child Protection Teams throughout Malaysia; 

(h) resolve any conflict that may arise within Child Protection Teams; and 

(i) perform such other functions as may be prescribed by regulations made under this Act. 

 

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/4.Membership of Council

4. Membership of Council

(1) The Council shall consist of the following members:

(a) the Director General who shall be the Chairman; 

(b) the Deputy Director General who shall be the Deputy Chairman; 

(c) a representative from the Ministry responsible for child protection; 

(d) a representative from the Ministry responsible for health; 

(e) a representative from the Ministry responsible for education; 

(f) a representative from the Ministry responsible for human resources; 

(g) a representative from the Ministry responsible for information; 

(h) a representative of the Attorney General; 

(i) a representative of the Inspector General of Police; 

(j) a representative from the Prison Department;

(k) two representatives from the Department of Social Welfare; 

(l) a representative from the ministry, in the State of Sabah, charged with the responsibility for welfare services; 

(m) a representative from the ministry, in the State of Sarawak, charged with the responsibility for welfare services;

(n) not more than seven persons with appropriate experience, knowledge and expertise on matters relating to the welfare and development of children including any person qualified to advise on relevant indigenous, ethnic, cultural or religious factors, to be appointed by the Minister; and 

(o) a Registrar who shall be the Secretary. 

(2) Each member of the Council appointed under paragraph(1)(m) shall, unless he sooner resigns, hold office for a period not exceeding three years and is eligible for reappointment.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/5.Meeting of Council

5. Meeting of Council

(1) The Council shall meet at least four times in a year at such time and place as the Chairman may determine.

(2) Every meeting of the Council shall be presided over--

(a) by the Chairman; 

(b) in the absence of the Chairman, by the Deputy Chairman; or 

(c) in the absence of the Chairman and Deputy Chairman, by a member elected by the members present from amongst themselves. 

(3) Seven members of the Council shall form a quorum at any meeting of the Council.

(4) If on any question to be determined there is an equality of votes, the Chairman, or the Deputy Chairman or the member referred to in paragraph (2)(c) if he is presiding over the meeting, shall have a casting vote in addition to his deliberative vote.

(5) Subject to this Act, the Council may determine its own procedure.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/6.Establishment of committees

6. Establishment of committees

(1) The Council may establish such committees as it deems necessary or expedient to assist it in the performance of its functions under this Act.

(2) A committee established under subsection (1)--

(a) shall be chaired by a member of the Council; 

(b) shall conform to and act in accordance with any direction given to it by the Council; and 

(c) may determine its own procedure. 

(3) Members of the committees established under subsection(1) may be appointed from amongst members of the Council or such other persons as the Council thinks fit.

(4) A member of a committee shall hold office for such term as may be specified in his letter of appointment and is eligible for reappointment.

(5) The Council may revoke the appointment of any member of a committee without assigning any reason therefor.

(6) A member of a committee may, at any time, resign by giving notice in writing to the chairman of the committee.

(7) The Council may, at any time, discontinue or alter the constitution of a committee.

(8) A committee shall hold its meetings at such times and places as the chairman of the committee may determine.

(9) A committee may invite any person to attend a meeting of the committee for the purpose of advising it on any matter under discussion but that person shall not be entitled to vote at the meeting.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/7.Establishment of Child Protection Teams

7. Establishment of Child Protection Teams

(1) The Council shall establish throughout Malaysia groups of persons, each group to be known as a "Child Protection Team", for the purpose of co-ordinating locally-based services to families and children if children are or are suspected of being in need of protection.

(2) A Child Protection Team shall consist of the following members:

(a) a Protector to be named by the Council on the advice of the Director General, who shall be the chairman; 

(b) a medical officer; and 

(c) a senior police officer. 

(3) A Child Protection Team shall have the authority to co-opt from time to time such other persons as it may reasonably require to assist it in the performance of its functions and duties or as the circumstances of each case may require, including any person qualified to advise on relevant indigenous, ethnic, cultural or religious factors.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/8.Appointment and powers of Protectors

Part III APPOINTMENT OF PROTECTOR, ETC.

8. Appointment and powers of Protectors

(1) The Minister may, by notification in the Gazette, appoint such number of Social Welfare Officers to exercise the powers and perform the duties of a Protector under this Act subject to such conditions as may be specified in the notification.

(2) A Protector--

(a) shall have the power of a Magistrate in respect of the taking of evidence at any inquiry held by him under this Act; 

(b) shall furnish to the Court a copy of the notes of such evidence when called upon to do so by order of the Court; and 

(c) shall not be compellable in any judicial proceedings to answer any question as to the grounds of his decision or belief-- 

(i) in any case dealt with by him under this Act; or 

(ii) as to anything which came to his knowledge in any inquiry made by him as Protector. 

(3) Every order or summons purporting to be issued by and under the hand and seal of the Protector in pursuance of this Act shall be received in evidence in any Court without further proof and shall be prima facie evidence of the facts stated in such order or summons.

(4) All acts done in pursuance of any order or summons referred to in subsection (3) shall be deemed to have been authorized by law.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/9.Appointment of Registrar General and Registrar

9. Appointment of Registrar General and Registrar

(1) The Minister may appoint a Social Welfare Officer to be the Registrar General of Children in Need of Protection for the purposes of this Act.

(2) The Minister may appoint such number of public officers as he deems necessary by name or by office to be Registrars of Children in Need of Protection.

(3) The Registrar General shall have the general supervision and control of--

(a) Registrars appointed under subsection (2); and 

(b) the registration of children in need of protection under this Act. 

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/10.Appointment of probation officers

10. Appointment of probation officers

(1) The Minister may, by notification in the Gazette, appoint such number of Social Welfare Officers as he deems necessary to be probation officers throughout Malaysia or any part of Malaysia.

(2) A probation officer when acting under a probation order shall be subject to the control of the Supervising Court.

(3) In this section, "Social Welfare Officers" includes Social Welfare Assistants.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/11.Constitution and jurisdiction of Court For Children

Part IV COURTS FOR CHILDREN

11. Constitution and jurisdiction of Court For Children

(1) Courts constituted in accordance with this Act and sitting for the purpose of--

(a) hearing, determining or disposing of any charge against a child; or 

(b) exercising any other jurisdiction conferred or to be conferred on Courts For Children by or under this Act or by any other written law, 

shall be known as the "Courts For Children".

(2) A Court For Children shall consist of a Magistrate who, in the exercise of his functions as a Court For Children except when making an order under subsection 39(4), 42(4), 84(3) or 86(1), as the case may require, shall be assisted by two advisers to be appointed by the Minister from a panel of persons resident in the State.

(3) One of the two advisers mentioned in subsection (2) shall be a woman.

(4) The functions of the advisers are--

(a) to inform and advise the Court For Children with respect to any consideration affecting the order made upon a finding of guilt or other related treatment of any child brought before it; and 

(b) if necessary, to advise the parent or guardian of the child. 

(5) A Court For Children shall have jurisdiction to try all offences except offences punishable with death.

(6) Except as modified or extended by this Part, the Criminal Procedure Code [ Act 593] shall apply to Courts For Children as if Courts For Children were Magistrates' Courts.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/12.Place of sitting and persons who may be present in Court For Children

12. Place of sitting and persons who may be present in Court For Children

(1) A Court For Children shall, if practicable, sit--

(a) either in a different building or room from that in which sittings of Courts other than Courts For Children are held; or 

(b) on different days from those on which sittings of those other Courts are held. 

(2) If a Court For Children sits in the same building as other Courts, the Court For Children shall have a different entrance and exit from those of the other Courts to enable children to be brought to and from the Court For Children with privacy.

(3) No person shall be present at any sitting of a Court For Children except--

(a) members and officers of the Court; 

(b) the children who are parties to the case before the Court, their parents, guardians, advocates and witnesses, and other persons directly concerned in that case; and 

(c) such other responsible persons as may be determined by the Court. 

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/13.Period specified in any order made by Court For Children not to extend beyond the date child attains the age of eighteen years

13. Period specified in any order made by Court For Children not to extend beyond the date child attains the age of eighteen years

Except as specified in this Act, any period specified in any order made by a Court For Children under this Act shall not extend beyond the date on which the child to whom the order relates attains the age of eighteen years.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/14.Court For Children may order detention, etc., to extend beyond the date child attains the age of eighteen years

14. Court For Children may order detention, etc., to extend beyond the date child attains the age of eighteen years

(1) Notwithstanding anything in this Act or any written law or any rule of law, a Court For Children may, if the Court finds that circumstances warrant it, make an order relating to--

(a) the detention of a child in a place of detention, probation hostel, approved school or Henry Gurney School, approved institution or centre; 

(b) the supervision of a child by a Social Welfare Officer or probation officer, as the case may be; or 

(c) any probation period, 

which has the effect of extending the period of such detention, supervision or probation beyond the date on which the child attains the age of eighteen years.

(2) The order referred to in subsection (1) shall be complied with by the child and all parties to whom the order relates so long as the order remains in force and have effect.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/15.Restrictions on media reporting and publication

15. Restrictions on media reporting and publication

(1) Notwithstanding any written law to the contrary, any mass media report regarding--

(a) any step taken against a child concerned or purportedly concerned in any criminal act or omission, be it at the pre-trial, trial or post-trial stage; 

(b) any child in respect of whom custody is taken under Part V; 

(c) any child in respect of whom any of the offences specified in the First Schedule has been or is suspected to have been committed; or 

(d) any proceedings under Part VI, 

shall not reveal the name, address or educational institution, or include any particulars calculated to lead to the identification of any child so concerned either as being the person against or in respect of whom action is taken or as being a witness to the action.

(2) A picture of--

(a) any child concerned in any of the matters mentioned in subsection (1); or 

(b) any other person, place or thing which may lead to the identification of any child so concerned, 

shall not be published in any newspaper or magazine or transmitted through any electronic medium.

(3) The Court For Children, in any case--

(a) may, if the Court For Children is satisfied that it is in the interest of justice to do so; and 

(b) shall, in the case of an application by or with the authority of a Protector, 

dispense with the requirements of this section to such an extent as the Court may deem expedient.

(4) Any person who contravenes subsection (1) or (2) commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.

(5) For the purposes of this section, "transmit" includes broadcast by radio or television.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/16.Presumption as to age

16. Presumption as to age

(1) If in a charge for an offence triable under this Act--

(a) it is alleged that the person who committed the offence was under or had attained any specified age; and 

(b) that person appears to the Court For Children to have been at the date of the commission of the alleged offence under or to have attained the specified age, as the case may be, 

he shall, for the purposes of this Act, be presumed at that date to have been under or to have attained that age, as the case may be, and any order made therein shall not be invalidated by any subsequent proof that the age has been incorrectly stated.

(2) If the Court For Children is in doubt as to the exact age of the person who is alleged to have committed an offence, the certificate of a medical officer to the effect that, in his opinion, the person has or has not attained a specified age may be given in evidence, and the Court For Children shall declare that person's age for the purposes of this Act.

(3) The age so declared by the Court For Children under subsection(2) shall be deemed to be the true age of that person, unless and until the contrary is proved.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/17.Meaning of child in need of care and protection

Part V CHILDREN IN NEED OF CARE AND PROTECTION

Chapter 1 GENERAL

17. Meaning of child in need of care and protection

(1) A child is in need of care and protection if--

(a) the child has been or there is substantial risk that the child will be physically injured or emotionally injured or sexually abused by his parent or guardian or a member of his extended family; 

(b) the child has been or there is substantial risk that the child will be physically injured or emotionally injured or sexually abused and his parent or guardian, knowing of such injury or abuse or risk, has not protected or is unlikely to protect the child from such injury or abuse; 

(c) the parent or guardian of the child is unfit, or has neglected, or is unable, to exercise proper supervision and control over the child and the child is falling into bad association; 

(d) the parent or guardian of the child has neglected or is unwilling to provide for him adequate care, food, clothing and shelter; 

(e) the child-- 

(i) has no parent or guardian; or 

(ii) has been abandoned by his parent or guardian and after reasonable inquiries the parent or guardian cannot be found, and no other suitable person is willing and able to care for the child; 

(f) the child needs to be examined, investigated or treated-- 

(i) for the purpose of restoring or preserving his health; and 

(ii) his parent or guardian neglects or refuses to have him so examined, investigated or treated

(g) the child behaves in a manner that is, or is likely to be, harmful to himself or to any other person and his parent or guardian is unable or unwilling to take necessary measures to remedy the situation or the remedial measures taken by the parent or guardian fail; 

(h) there is such a conflict between the child and his parent or guardian, or between his parents or guardians, that family relationships are seriously disrupted, thereby causing him emotional injury; 

(i) the child is a person in respect of whom any of the offences specified in the First Schedule or any offence of the nature described in sections 31, 32 and 33 has been or is suspected to have been committed and his parent or guardian-- 

(i) is the person who committed such offence or is suspected to have committed such offence; or 

(ii) has not protected or is unlikely to protect him from such offence; 

(j) the child is-- 

(i) a member of the same household as the child referred to in paragraph (i); or 

(ii) a member of the same household as the person who has been convicted of the offence referred to in paragraph (i),

and appears to be in danger of the commission upon or in respect of him of a similar offence and his parent or guardian-- 

(aa) is the person who committed or is suspected to have committed the offence; 

(bb) is the person who is convicted of such offence; or 

(cc) is unable or unwilling to protect him from such offence; 

(k) the child is allowed to be on any street, premises or place for the purposes of-- 

(i) begging or receiving alms, whether or not there is any pretence of singing, playing, performing or offering anything for sale; or 

(ii) carrying out illegal hawking, illegal lotteries, gambling or other illegal activities detrimental to the health and welfare of the child. 

(2) For the purposes of this Part, a child is--

(a) physically injured if there is substantial and observable injury to any part of the child's body as a result of the non-accidental application of force or an agent to the child's body that is evidenced by, amongst other things, a laceration, a contusion, an abrasion, a scar, a fracture or other bone injury, a dislocation, a sprain, haemorrhaging, the rupture of a viscus, a burn, a scald, the loss or alteration of consciousness or physiological functioning or the loss of hair or teeth;

(b) emotionally injured if there is substantial and observable impairment of the child's mental or emotional functioning that is evidenced by, amongst other things, a mental or behavioural disorder, including anxiety, depression, withdrawal, aggression or delayed development; 

(c) sexually abused if he has taken part, whether as a participant or an observer, in any activity which is sexual in nature for the purposes of-- 

(i) any pornographic, obscene or indecent material, photograph, recording, film, videotape or performance; or 

(ii) sexual exploitation by any person for that person's or another person's sexual gratification.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/18.Taking a child into temporary custody

Part V CHILDREN IN NEED OF CARE AND PROTECTION

Chapter 2 TEMPORARY CUSTODY AND MEDICAL EXAMINATION AND TREATMENT

18. Taking a child into temporary custody

Any Protector or police officer who is satisfied on reasonable grounds that a child is in need of care and protection may take the child into temporary custody, unless the Protector or police officer is satisfied that-

(a) the taking of proceedings in relation to the child is undesirable in the best interests of the child; or 

(b) the proceedings are about to be taken by some other person. 

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/19.Production before Court For Children

19. Production before Court For Children

(1) Subject to section 20, every child who is taken into temporary custody under section 18 shall be brought before a Court For Children within twenty-four hours exclusive of the time necessary for the journey from the place the child was so taken into custody to the Court For Children.

(2) If it is not possible to bring a child before a Court For Children within the time specified in subsection (1), the child shall be brought before a Magistrate who may direct that the child be placed in--

(a) a place of safety; or 

(b) the care of a fit and proper person, 

until such time as the child can be brought before a Court For Children.

(3) If a child is placed in a place of safety or in the care of a fit and proper person under subsection (2)--

(a) the person in charge of the place of safety or such fit and proper person shall have the like control over, and responsibility for the maintenance of, the child as the parent of the child would have had; and 

(b) the child shall continue in the care of the person referred to in paragraph (a) notwithstanding that the child is claimed by his parent or guardian or any other person. 

(4) A Protector who takes a child into temporary custody under this section shall, immediately upon such taking, cause the parent or guardian of the child to be notified of such taking.

(5) A police officer who takes a child into temporary custody under this section shall, immediately upon such taking, notify the Protector of such taking.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/20.Child in need of medical examination or treatment

20. Child in need of medical examination or treatment

(1) If a Protector or police officer who takes a child into temporary custody under section 18 is of the opinion that the child is in need of medical examination or treatment, the Protector or police officer may, instead of bringing the child before a Court For Children or Magistrate, as the case may be, present the child before a medical officer.

(2) If at the time of being taken into custody a child is a patient in a hospital, the Protector or police officer who takes the child into custody may leave the child in the hospital.

(3) If a Protector or police officer does not take a child into temporary custody under section 18 but he is satisfied on reasonable grounds that the child is in need of medical examination or treatment, he may direct in writing the person who appears to him to have the care of the child for the time being to immediately take the child to a medical officer.

(4) If the person referred to in subsection (3) fails to comply within forty-eight hours with a direction made under that subsection, a Protector or police officer may take the child into temporary custody for the purpose of presenting the child before a medical officer.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/21.Medical examination and treatment

21. Medical examination and treatment

A medical officer before whom a child is presented under subsection 20(1) or (4)--

(a) shall conduct or cause to be conducted an examination of the child; 

(b) may, in examining the child and if so authorized by a Protector or police officer, administer or cause to be administered such procedures and tests as may be necessary to diagnose the child's condition; and

(c) may provide or cause to be provided such treatment as he considers necessary as a result of the diagnosis. 

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611, /22.Authorization of hospitalization

22. Authorization of hospitalization

If the medical officer who examines a child under section 21 is of the opinion that the hospitalization of the child is necessary for the purposes of medical care or treatment, a Protector or police officer may authorize the child to be hospitalized.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/23.Control over hospitalized children

23. Control over hospitalized children

If a child is hospitalized under section 22, the Director General shall have the like control over, and responsibility for the maintenance of, that child as a person in charge of a place of safety would have had if the child had been placed in that place of safety.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/24.Authorization of medical treatment

24. Authorization of medical treatment

(1) If, in the opinion of a medical officer, the child referred to in section 21 requires treatment for a minor illness, injury or condition, a Protector or police officer may authorize such treatment.

(2) If, in the opinion of a medical officer, the child referred to in section 21 is suffering from a serious illness, injury or condition or requires surgery or psychiatric treatment, a Protector or police officer--

(a) shall immediately notify or take reasonable steps to notify and consult the parent or guardian of the child or any person having authority to consent to such treatment; and 

(b) may, with the written consent of the parent or guardian or such person, authorize such medical or surgical or psychiatric treatment as may be considered necessary by a medical officer. 

(3) If a medical officer has certified in writing that there is immediate risk to the health of a child, a Protector may authorize, without obtaining the consent referred to in subsection (2), such medical or surgical or psychiatric treatment as may be considered necessary by the medical officer but only under any of the following circumstances:

(a) that the parent or guardian of the child or any person having authority to consent to such treatment has unreasonably refused to give, or abstained from giving, consent to such treatment; 

(b) that the parent or guardian or the person referred to in paragraph (a) is not available or cannot be found within a reasonable time; or 

(c) the Protector believes on reasonable grounds that the parent or guardian or the person referred to in paragraph (a) has ill-treated, neglected, abandoned or exposed, or sexually abused, the child. 

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/25.Steps to be taken after medical examination or treatment

25. Steps to be taken after medical examination or treatment

(1) A child who is taken into custody under section 18 and is medically examined or treated under section 21 shall be brought before a Court For Children within twenty-four hours--

(a) of the completion of such examination or treatment; or 

(b) if the child is hospitalized, of his discharge from the hospital. 

(2) If it is not possible to bring the child before a Court For Children within the time specified in subsection (1), the child shall be brought before a Magistrate who may direct that the child be placed in--

(a) a place of safety; or 

(b) the care of a fit and proper person, 

until such time as the child can be brought before a Court For Children.

(3) A child who--

(a) is taken into custody under subsection 20(4); and 

(b) subsequently undergoes medical examination or treatment, 

shall be returned to the person from whose care the child was taken--

(aa) upon the completion of such examination or treatment; or 

(bb) if the child is hospitalized, upon his discharge from the hospital. 

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/26.No liability incurred for giving authorization

26. No liability incurred for giving authorization

(1) If a child is examined or treated pursuant to section 21 or  24--

(a) the Protector or police officer who authorizes such examination or treatment; 

(b) the medical officer who examines or treats the child; and 

(c) all persons acting in aid of the medical officer, 

shall not incur any liability at law by reason only that a child is examined or treated pursuant to that section.

(2) Nothing contained in subsection (1) relieves a medical officer from liability in respect of the examination or treatment of a child which liability he would have been subject to had the examination or treatment been carried out or administered with the consent of the parent or guardian of the child or person having authority to consent to the examination or treatment.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/27.Duty of medical officer or medical practitioner

27. Duty of medical officer or medical practitioner

(1) If a medical officer or a registered medical practitioner believes on reasonable grounds that a child he is examining or treating is physically or emotionally injured as a result of being ill-treated, neglected, abandoned or exposed, or is sexually abused, he shall immediately inform a Protector.

(2) Any medical officer or registered medical practitioner who fails to comply with subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both.

(3) If the registered medical practitioner referred to in subsection(1) is a medical officer, he may take the child referred to in that subsection into temporary custody until such time as the temporary custody of the child is assumed by a Protector or police officer.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/28.Duty of member of the family

28. Duty of member of the family

(1) If any member of the family of a child believes on reasonable grounds that the child is physically or emotionally injured as a result of being ill-treated, neglected, abandoned or exposed, or is sexually abused, he shall immediately inform a Protector.

(2) Any member of the family who fails to comply with subsection(1) commits an offence and shall on conviction be released on a bond on conditions to be determined by the Court.

(3) Any member of the family who fails to comply with any of the conditions of the bond provided for in subsection (2) commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/29.Duty of child care provider

29. Duty of child care provider

(1) If a child care provider believes on reasonable grounds that a child is physically or emotionally injured as a result of being ill-treated, neglected, abandoned or exposed, or is sexually abused, he shall immediately inform a Protector.

(2) Any child care provider who fails to comply with subsection(1) commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/30.Powers of Court For Children

30. Powers of Court For Children

(1) If a Court For Children is satisfied that any child brought before it under section 19 or 25 is a child in need of care and protection, the Court For Children may--

(a) order his parent or guardian to execute a bond to exercise proper care and guardianship for a period specified by the Court For Children; 

(b) make an order placing the child in the custody of a fit and proper person for a period specified by the Court For Children; 

(c) without making any other order or in addition to an order made under paragraph (a) or (b),make an order placing the child under the supervision of-- 

(i) a Protector; or

 (ii) some other person appointed for the purpose by the Court For Children, for a period specified by the Court For Children;

(d) make an order placing the child in a place of safety for a period of three years from the date of the order or until he attains the age of eighteen years, whichever is the shorter; or 

(e) in the case of a child who has no parent or guardian or who has been abandoned as described in paragraph 17(1)(e) , make an order placing the child in the care, custody and control of a foster parent found to be suitable by the Director General for a period of two years or until he attains the age of eighteen years, whichever is the shorter, and pending that, place the child in a place of safety. 

(2) If the Court For Children makes an order under paragraph(1)(e), the Director General shall, in order to give effect to the order, immediately endeavour to place the child in the care, custody and control of a foster parent.

(3) If at any subsequent time the foster parent intends to return the child who has been placed in his care, custody and control under paragraph (1)(e), he shall report in person to the Protector and bring the child before the Protector, and the Protector shall place the child in a place of safety.

(4) If during the period mentioned in paragraph (1)(e) the parent or guardian of the child concerned has not claimed the child or made any appearance, the Court For Children may--

(a) at the expiry of that period; and 

(b) if the Court is satisfied that reasonable steps have been taken by the Protector to trace the parent or guardian of the child, 

make an order placing the child for adoption by the foster parent or any person who wishes to adopt the child and in any such case--

(aa) the parent's or guardian's consent for the adoption of the child shall be dispensed with; and 

(bb) the Adoption Act 1952 [ Act 257] (in the case of a child not professing the religion of Islam), the Registration of Adoptions Act 1952 [ Act 253 ], Sabah Adoption Ordinance 1960 and Sarawak Adoption Ordinance [Cap 91] shall be construed accordingly. 

(5) In determining what order to be made under subsection(1), the Court For Children shall treat the best interests of a child as the paramount consideration.

(6) Before making an order under subsection (1) or (4), the Court For Children shall consider and take into account any report prepared by the Protector which--

(a) shall contain such information as to the family background, general conduct, home surrounding, school record and medical history of a child as may enable the Court For Children to deal with the case in the best interests of the child; and 

(b) may include any written report of a Social Welfare Officer, a registered medical practitioner or any other person whom the Court For Children thinks fit to provide a report on the child. 

(7) In order to enable the Protector to prepare and submit the report referred to in subsection (6), the Court For Children may--

(a) from time to time, adjourn the case for such periods not exceeding two months at a time; and 

(b) make in respect of the child, as an interim order having effect only during the period of adjournment, any order which the Court For Children could have made under subsection (1). 

(8) A Court For Children may, in making any order under subsection(1), impose such conditions or give such directions as the Court may deem fit for the purpose of ensuring the safety and well-being of the child in respect of whom such order is made, and such conditions or directions may include the following:

(a) that the parent or guardian of the child accompanied by the child shall attend interactive workshops organized at designated centres established for such purpose; 

(b) if the child is placed at a place of safety, that the parent or guardian shall visit the child on a regular basis as determined by the Court For Children; or 

(c) if the child is in an educational institution, that the parent or guardian shall consult with the child's teacher and head teacher or principal once a month. 

(9) Any parent or guardian who fails to comply with any of the conditions imposed or directions given under subsection (8) commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit.

(10) An order under subsection (1) shall not be made without giving the parent or guardian of the child an opportunity to attend and be heard.

(11) Notwithstanding subsection (10), an order under subsection (1) may be made if the Court For Children is satisfied on information given by a Protector that the parent or guardian of the child, having been required to attend, has failed to do so, or is not available or cannot be found within a reasonable time.

(12) If the Court For Children is not satisfied that a child brought before it under section 19 or 25 is in need of care and protection, the Court For Children shall order the child to be returned to the care and custody of his parent or guardian.

(13) A Court For Children may, on the application of--

(a) a Protector; 

(b) the person in charge of a place of safety; or 

(c) the parent or guardian of a child, 

amend, vary or revoke any order made under this section--

(aa) if the Court For Children is satisfied that it is in the best interests of the child to do so; or 

(bb) upon proof that the circumstances under which the order ?was made have changed after the making of the order. 

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/31.Ill-treatment, neglect, abandonment or exposure of children

Part V CHILDREN IN NEED OF CARE AND PROTECTION

Chapter 3 OFFENCES IN RELATION TO THE HEALTH AND WELFARE OF CHILDREN

31. Ill-treatment, neglect, abandonment or exposure of children

(1) Any person who, being a person having the care of a child--

(a) abuses, neglects, abandons or exposes the child in a manner likely to cause him physical or emotional injury or causes or permits him to be so abused, neglected, abandoned or exposed; or 

(b) sexually abuses the child or causes or permits him to be so abused, 

commits an offence and shall on conviction be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding ten years or to both.

(2) The Court--

(a) shall, in addition to any punishment specified in subsection(1), order the person convicted of an offence under that subsection to execute a bond with sureties to be of good behaviour for such period as the Court thinks fit; and 

(b) may include in the bond executed under paragraph (a) such conditions as the Court thinks fit. 

(3) If a person who is ordered to execute a bond to be of good behaviour under subsection (2) fails to comply with any of the conditions of such bond, he shall be liable to a further fine not exceeding ten thousand ringgit or to a further imprisonment for a term not exceeding five years or to both.

(4) A parent or guardian or other person legally liable to maintain a child shall be deemed to have neglected him in a manner likely to cause him physical or emotional injury if, being able to so provide from his own resources, he fails to provide adequate food, clothing, medical or dental treatment, lodging or care for the child.

(5) A person may be convicted of an offence against this section notwithstanding that--

(a) suffering or injury to the health of the child in question or the likelihood of suffering or injury to the health of the child in question was avoided by the action of another person; or 

(b) the child in question has died. 

 Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/32.Children not to be used for begging, etc.

 

32. Children not to be used for begging, etc.

Any person who causes or procures any child or, being a person having the care of a child, allows that child to be on any street, premises or place for the purposes of--

(a) begging, receiving alms, whether or not there is any pretence of singing, playing, performing or offering anything for sale; or 

(b) carrying out illegal hawking, illegal lotteries, gambling or other illegal activities detrimental to the health and welfare of the child, 

commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/33.Offence to leave child without reasonable supervision

33. Offence to leave child without reasonable supervision

Any person who, being a parent or a guardian or a person for the time being having the care of a child, leaves that child--

(a) without making reasonable provision for the supervision and care of the child; 

(b) for a period which is unreasonable having regard to all the circumstances; or 

(c) under conditions which are unreasonable having regard to all the circumstances, 

commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/34.Application and interpretation

Part V CHILDREN IN NEED OF CARE AND PROTECTION

Chapter 4 NOTIFICATION ON TAKING A CHILD INTO CARE, CUSTODY OR CONTROL

34. Application and interpretation

(1) This Chapter shall not apply to the taking of a child--

(a) into the care, custody or control of any person-- 

(i) in pursuance of an order of a Court of competent jurisdiction; or 

(ii) by any Protector or police officer acting under this Act;

(b) as an inmate of a place of safety or of an orphanage, hospital, institution or centre-- 

(i) maintained by the Federal Government or by any of the State Governments; or 

(ii) approved by the Minister; 

(c) as a boarder at an educational institution registered under any written law relating to education; and 

(d) who is regularly attending an educational institution registered under any written law relating to education into the custody of a friend or relative of his parent or guardian with the consent of his parent or guardian. 

(2) In this Chapter, "guardian" of a child means a person--

(a) lawfully appointed by deed or will or by the order of a competent Court to be the guardian of the child; or 

(b) who has lawfully adopted the child. 

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/35.Notification of taking a child into care, custody or control

35. Notification of taking a child into care, custody or control

(1) If a person takes a child into his care, custody or control--

(a) that person; and 

(b) the person in whose care the child was at the time of such taking, 

shall, not later than one week thereafter, notify the Protector of such taking.

(2) On receiving any notification under subsection (1), the Protector shall make such inquiry as he thinks fit as to--

(a) the circumstances and the reasons for the taking; and 

(b) the suitability for that purpose of the person who has taken the child into his care, custody or control. 

(3) If, after the inquiry referred to in subsection (2), the Protector deems it expedient to do so in the best interests of the child, he may either--

(a) order that the child be returned to the care, custody or control of his parent or guardian or the person in whose care he was at the time of such taking; or 

(b) permit the taking of the child on such terms and conditions as the Protector may require. 

(4) If the taking of a child by any person has been permitted under paragraph (3)(b) subject to any term or condition and default is made in complying with such term or condition, the Protector may by warrant under his hand order that the child--

(a) be taken out of the care, custody or control of such person; and 

(b) be placed in a place of safety or in the custody of a relative or other fit and proper person on such terms and conditions as the Protector may require until the child attains the age of eighteen years or for any shorter period. 

(5) For the purposes of this section, a "person" includes an institution or a centre--

(a) not maintained by the Federal Government or by any of the State Governments; or 

(b) not approved by the Minister. 

(6) A Protector shall, on receiving any notification under this section, record the particulars of such notification in a register in such form as may be prescribed.

(7) Any person who fails to comply with subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/36.Subsequent obligations

36. Subsequent obligations

(1) If the taking of a child has been notified to and permitted by a Protector under section 35, the person who has taken the child shall, if at any subsequent time--

(a) he intends to return the child to the care, custody or control of the parent or guardian of the child or any other person from whom the child was taken; or 

(b) without his knowledge or consent, the child has left his care, custody or control, 

report in person to the Protector and shall, whenever practicable, bring or cause to be brought before the Protector the child and the parent or guardian of the child or any other person from whom the child was taken.

(2) On receiving a report under subsection (1), the Protector shall make a note of the report and shall if--

(a) the child and the parent or guardian of the child or any other person from whom the child was taken are present at the time such report is received, return the child to his parent or guardian or such person, as the case may be; or 

(b) the parent or guardian of the child or any other person from whom the child was taken is not present at the time such report is received-- 

(i) take the child into temporary custody until he can be returned to his parent or guardian or such person; and

(ii) immediately send written information to the last known place of residence of his parent or guardian or of such person. 

(3) Any person who fails to comply with subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/37.Power of Protector to require child to be produced before him

37. Power of Protector to require child to be produced before him

(1) If a Protector has reason to believe that there is, within the area or the State within which he exercises jurisdiction, a child in respect of whose taking no notification has been made pursuant to section 35, he may, by summons under his hand addressed to the person who has or is believed to have the care, custody or control of the child, require that person to appear and to produce the child before him at the time and place specified in the summons for the purposes of an inquiry under subsection (4).

(2) If a person on whom a summons has been served under subsection(1) fails to produce the child at the time and place specified in the summons, the Protector may apply to a Magistrate for a search warrant under section 111 to be issued to search for the child and to produce him before the Protector.

(3) Any child named or described in such warrant may be temporarily--

(a) detained in a place of safety; or 

(b) placed in the custody of a relative or other fit and proper person on such terms and conditions as the Protector may require, 

until the Protector has completed his inquiry under this Chapter.

(4) The Protector shall make such inquiry as he thinks fit as to--

(a) the circumstances and the reasons for the taking of the child referred to in subsection (1); and 

(b) the suitability of the person who has taken the child into his care, custody or control. 

(5) If, after the inquiry mentioned in subsection (4), the Protector deems it expedient in the best interests of the child, he may--

(a) order that the child be returned to the care, custody or control of his parent or guardian or the person in whose care he was at the time of such taking; or 

(b) permit the taking of the child on such terms and conditions as the Protector may require. 

(6) If the taking of a child by any person has been permitted under paragraph (5)(b) subject to any term or condition and default is made in complying with such term or condition, the Protector may by warrant under his hand order that the child--

(a) be taken out of the care, custody or control of such person; and 

(b) be placed in a place of safety or in the custody of a relative or other fit and proper person on such terms and conditions as the Protector may require until the child attains the age of eighteen years or for any shorter period. 

 Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/38.Meaning of child in need of protection and rehabilitation

Part VI CHILDREN IN NEED OF PROTECTION AND REHABILITATION

Chapter 1 GENERAL

38. Meaning of child in need of protection and rehabilitation

A child is in need of protection and rehabilitation if the child--

(a) is being induced to perform any sexual act, or is in any physical or social environment which may lead to the performance of such act; 

(b) lives in or frequents any brothel or place of assignation; or 

(c) is habitually in the company or under the control of brothel-keepers or procurers or persons employed or directly interested in the business carried on in brothels or in connection with prostitution. 

 Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/39.Removal of a child to place of refuge

39. Removal of a child to place of refuge

(1) Any Protector or police officer who is satisfied on reasonable grounds that a child is in need of protection and rehabilitation may order the child to be removed to a place of refuge and the child shall be temporarily detained in such place of refuge.

(2) Every child who is temporarily detained under subsection(1) shall be brought before a Court For Children within twenty-four hours exclusive of the time necessary for the journey from the place where the child was so removed to the Court For Children.

(3) If it is not possible to bring a child before a Court For Children within the time specified in subsection (1), the child shall be brought before a Magistrate who may direct that the child be placed in a place of refuge until such time as the child can be brought before a Court For Children.

(4) If the Court For Children is satisfied that a child brought before it is in need of protection and rehabilitation, the Court For Children may order the child to be detained in a place of refuge until--

(a) an inquiry under section 40 to inquire into the circumstances of the child's case has been completed; and 

(b) a report of the inquiry has been submitted to the Court For Children by the Protector under subsection 40(2). 

(5) If the Court For Children is not satisfied that a child brought before it is in need of protection and rehabilitation, the Court For Children shall order the child to be returned to the care and custody of his parent or guardian.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/40.Orders upon completion of an inquiry

40. Orders upon completion of an inquiry

(1) An inquiry mentioned in subsection39(4) shall be made by a Protector.

(2) A Protector shall complete the inquiry and submit the report of the inquiry to the Court For Children within a period not exceeding one month from the date of the admission of a child to a place of refuge under subsection 39(1).

(3) If after considering the report submitted under subsection (2) the Court For Children is satisfied that any child brought before it is a child in need of protection and rehabilitation the Court may, subject to the other provisions in this section--

(a) order the child to be detained in a place of refuge for a period of three years from the date of the admission of the child into a place of refuge under subsection 39(1) and the order shall be an authority for his detention in a place of refuge; 

(b) make an order placing the child for such period not exceeding three years from the date of the order in the care of a person whether a relative or not who is willing and whom the Court For Children considers to be a fit and proper person to undertake the care of such child; 

(c) make an order requiring the parent or guardian of the child to execute a bond, with or without sureties, as the Court For Children may determine, for such period not exceeding three years from the date of the order subject to such conditions as the Court thinks fit for the proper care and guardianship of the child; or 

(d) make an order placing the child under the supervision of a Social Welfare Officer appointed for the purpose by the Court For Children, subject to such conditions as the Court thinks fit and for such period not exceeding three years from the date of the order. 

(4) The order made under paragraph (3)(a) or (d) may have the effect of extending the period of such detention or supervision, as the case may be, beyond the date on which the child attains the age of eighteen years.

(5) In determining what order to be made under subsection(3), the Court For Children shall treat the best interests of a child as the paramount consideration.

(6) Notwithstanding paragraph (3)(a), the Board of Visitors of the place of refuge in which a child is being detained may reduce the period of detention of the child but no reduction shall be made which will have the effect of enabling the child to be released from the place of refuge within twelve months from the date of his admission into the place of refuge as specified in that paragraph, except by the authority of the Minister.

(7) The Court For Children shall, when making an order under paragraph (3)(a) or (d), order the parent or guardian of a child to execute a bond for the duration of the order with such conditions which may include--

(a) in the case of paragraph (3)(a), regular visits to the place of refuge where the child is placed; and 

(b) in the case of paragraph (3)(d), ensuring that the child remains indoors within stipulated times. 

(8) Any person who--

(a) is ordered to execute a bond under subsection (3) or (7), as the case may be; and

(b) fails to comply with any of the conditions of such bond, commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit.

(9) Any child sent to a place of refuge for detention under paragraph (3)(a) shall, on the expiration of the period of his detention whether by--

(a) effluxion of time; or 

(b) reason of any reduction made pursuant to subsection(6), 

be placed under the supervision of a Social Welfare Officer or other person appointed by the Protector for such purpose.

(10) The period of supervision for the purpose of subsection(9) shall be determined by the Board of Visitors of the place of refuge on the recommendation of the Protector but shall not in any case exceed one year from the date of expiration of the period of detention of the child.

(11) The Minister may on the application of the child or his parent or guardian exempt the child from the application of subsection(9) if he is satisfied that the case warrants such exemption.

(12) Without prejudice to the powers of the Board of Visitors pursuant to subsection (6) the Court For Children may, on the application in writing made by--

(a) a Protector; 

(b) the parent or guardian of the child to whom an order made under this section relates; or 

(c) the child, amend, vary or revoke any order made under this section--

(aa) if the Court For Children is satisfied that it is in the best interests of the child to do so; and 

(bb) upon proof that the circumstances under which the order was made have changed after the making of the order. 

(13) An order under subsection (3) shall not be made without giving the parent or guardian of the child an opportunity to attend and be heard.

(14) Notwithstanding subsection (13), an order under subsection (3) may be made if the Court For Children is satisfied on information given by a Protector that the parent or guardian of the child, having been required to attend, has failed to do so, or is not available or cannot be found within a reasonable time.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/41.Children in urgent need of protection

41. Children in urgent need of protection

(1) Any child who is in urgent need of protection may on his own application in the prescribed form be received by the Protector into a place of refuge if the Protector is satisfied that the child is in urgent need of protection.

(2) A child is in urgent need of protection if there is reasonable cause to believe that--

(a) the child is being threatened or intimidated for purposes of prostitution or for purposes of having sexual intercourse with another or for any immoral purpose; 

(b) the child is to be confined or detained by another in contravention of this Part; 

(c) an offence against this Part is being or likely to be committed in respect of the child; or 

(d) if the child is a female, that she is pregnant out of wedlock. 

(3) Subject to subsections (4) and (5), and if circumstances warrant it, the person in charge of any place of refuge may receive into the place of refuge any child who--

(a) is in urgent need of protection; and 

(b) makes an application under this section to the person in charge. 

(4) If the person in charge of a place of refuge receives any child under subsection (3), that child shall be brought before a Protector within twenty-four hours of his admission into the place of refuge with a full report of the circumstances.

(5) A child admitted under this section is permitted to reside in the place of refuge only so long as the Protector is satisfied that the child is in urgent need of protection under this section.

(6) The Protector--

(a) who receives a child under subsection (1); or 

(b) before whom a child is brought under subsection(4), 

shall immediately inform the Court For Children of such admission with a full report of the circumstances and shall in the like manner inform the Court of his departure.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/42.Inquiries and detention of a child who has been bought or acquired under false pretences, etc.

42. Inquiries and detention of a child who has been bought or acquired under false pretences, etc.

(1) If the Protector has reasonable cause to believe that a child--

(a) has been brought into or is to be sent out of Malaysia and the custody of the child has been acquired either-- 

(i) after having been purchased; or 

(ii) by fraud, false representation or false pretence,

whether or not for the purpose of prostitution; 

(b) has been procured either within or outside Malaysia for the purpose of being used, trained or disposed of as a prostitute; or 

(c) is being detained against his will for the purposes of-- 

(i) prostitution or for immoral purposes; or 

(ii) being sent out of Malaysia for the purposes of prostitution or for immoral purposes, the Protector may order the child to be removed to a place of refuge and the child shall be temporarily detained in such place of refuge.

(2) Every child who is temporarily detained under subsection(1) shall be brought before a Court For Children within twenty-four hours exclusive of the time necessary for the journey from the place where the child was so removed to the Court For Children.

(3) If it is not possible to bring a child before a Court For Children within the time specified in subsection (1), the child shall be brought before a Magistrate who may direct that the child be placed in a place of refuge until such time as the child can be brought before a Court For Children.

(4) The Court For Children before whom a child is brought shall order the child to be detained in a place of refuge until--

(a) an inquiry into the circumstances of the child's case has been completed; and 

(b) a report of the inquiry has been submitted to the Court For Children by the Protector under subsection (6). 

(5) An inquiry referred to in paragraph (4)(a) shall be made by a Protector.

(6) The Protector shall complete the inquiry and submit the report of the inquiry to the Court For Children within a period not exceeding one month from the date of the admission of the child to the place of refuge.

(7) If after considering the report submitted under subsection (6) the Court For Children is satisfied that a child brought before it is in need of protection and rehabilitation, the Court may--

(a) order the child to be detained in a place of refuge for such period not exceeding three years from the date of the order as the Court may in the best interests of the child deem fit; or 

(b) make an order placing the child under the supervision of a Social Welfare Officer appointed by the Court for such period not exceeding three years from the date of the order as the Court may in the interest of such child deem fit. 

(8) The order made under subsection (7) may have the effect of extending the period of such detention or supervision, as the case may be, beyond the date on which the child attains the age of eighteen years.

(9) Subsections 40(12) to(14) shall apply in respect of any order made under subsection (7) as they apply to an order made under section 40.

(10) If the Court For Children is not satisfied that the child brought before it is in need of protection and rehabilitation, the Court For Children shall order the child to be returned to the care and custody of his parent or guardian.

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/43.Offences

Part VI CHILDREN IN NEED OF PROTECTION AND REHABILITATION

Chapter 2 Offences

43. Offences

(1) Any person who--

(a) sells, lets for hire or otherwise disposes of, or buys or hires or otherwise obtains possession of, a child with intent that the child is to be employed or used for the purpose of prostitution, either within or outside Malaysia, or knowing or having reason to believe that the child will be so employed or used; 

(b) procures a child for purposes of prostitution or for the purposes of having sexual intercourse with any other person, either within or outside Malaysia; 

(c) by or under any false pretence, false representation, or fraudulent or deceitful means made or used, either within or outside Malaysia, brings or assists in bringing into, or takes out of or assists in taking out of, Malaysia, a child with intent that the child is to be employed or used for purposes of prostitution, either within or outside Malaysia, or knowing or having reason to believe that the child will be so employed or used; 

(d) brings into Malaysia, receives or harbours a child knowing or having reason to believe that the child has been procured for purposes of prostitution or for the purposes of having sexual intercourse with any other person, either within or outside Malaysia, and with intent to aid such purpose; 

(e) knowing or having reason to believe that a child has been brought into Malaysia in the circumstances as set out in paragraph (c) or has been sold, let for hire, or hired or purchased in the circumstances as set out in paragraph (a), or in contravention of any other written law receives or harbours the child with intent that he is to be employed or used for purposes of prostitution either within or outside Malaysia; 

(f) detains a child in a brothel against the child's will; 

(g) detains a child in any place against the child's will with intent that the child is to be employed or used for purposes of prostitution or for any unlawful or immoral purpose; 

(h) by means of any advertisement or other notice published in any manner or displayed in any place offers a child for purposes of prostitution or seeks information for that purpose or accepts such advertisement or notice for publication or display; 

(i) acts as an intermediary on behalf of a child or exercises control or influence over the movements of a child in such a manner as to show that the person is aiding or abetting or controlling the prostitution of that child;

(j) engages or hires, for any valuable consideration, a child to provide services for that person's sexual gratification; 

(k) attempts to do any act in contravention of this section, 

commits an offence and shall on conviction--

(aa) in the case of offences under paragraphs (a) to (h) or paragraph (k), be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding fifteen years or to both; and 

(bb) in the case of an offence under paragraph (i) or (j), be liable to a fine not exceeding fifty thousand ringgit and ???to imprisonment for a term of not less than three years but not more than fifteen years and shall also ?be punished with whipping of not more than six strokes. 

(2) Any person who is convicted of a second or subsequent offence--

(a) under paragraphs (1)(a) to (g) or paragraph (1)(k), shall be liable to whipping of not more than ten strokes; and 

(b) under paragraphs (1)(i) or (j) , shall be punished with whipping of not less than six strokes but not more than ten strokes, 

in addition to any term of imprisonment imposed in relation to such offence.

(3) Sections 173a and 294 of the Criminal Procedure Code shall not apply in respect of offences under paragraphs (1)(i) and (j).

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/44.Presumptions relating to section 43

44. Presumptions relating to section 43

For the purposes of section 43, it shall be presumed until the contrary is proved that a person--

(a) who takes or causes to be taken into a brothel a child has disposed of the child with the intent or knowledge mentioned in paragraph 43(1)(a); 

(b) who receives a child into a brothel or harbours a child in a brothel has obtained possession of the child with the  intent or knowledge mentioned in paragraph 43(1)(a); 

(c) has detained a child in any brothel or in any place against the child's will if, with intent to compel or induce him to remain in the brothel or the place, that person-- 

(i) withholds from the child any wearing apparel or any other property belonging to the child or any wearing apparel commonly or last used by the child; 

(ii) threatens the child with legal proceedings if the child takes away any wearing apparel or any other property which has been lent or hired out or supplied to the child; 

(iii) threatens the child with legal proceedings for the recovery of any debt or alleged debt or uses any other threat; or 

(iv) without any lawful authority detains the child's identity card issued under the law relating to national registration or the child's passport. 

Unannotated Statutes of Malaysia - Principal Acts/CHILD ACT 2001 Act 611/CHILD ACT 2001 ACT 611,,/45.Detention pending proceedings