Child Protection Order
While women who are abused or are threatened with violence can seek legal protection with a court ordered Personal Protection Order under the covenant of the Women’s Charter, children in Singapore below 18 years of age also have recourse via the Child Protection Order.
Under the Children and Young Person’s Act, either the Director of Social Welfare or an officer appointed as a child protection officer, can remove a child under 18 years of age from their family home if they are of the opinion that that child or young individual is in need of care and protection. They will then place the child in a temporary place of care and control and have a medical practitioner assess the child for any medical or treatment that is necessary before they apply to the Youth Court for the issuance of a care and protection order in favour of the young person.
Singapore law recognise that a child or young individual is in need of care or protection under the following criteria:
- The child or young individual has no parent or legal guardian
- The child or young individual has been deserted by his parent or legal custodian. Reasonable effort into inquiries of whereabouts of the parent or legal custodian has yielded no results and they are unable to contact the parent or legal custodian, and no other individual is agreeable or able to provide care and guardianship over the child or young individual
- The parent or legal custodian has not been able to afford sufficient food, clothing, lodging, medical aid, care and other basic provisions of life for the child or young individual
- The parent or legal custodian is not fit, not able or have been negligent in providing suitable supervision and care for the child or young individual, resulting in said child or young individual to fall into bad company and subjected to dangerous moral dilemmas, or is unable to be controlled
- The child or young individual is being ill-treated or in danger of being mistreated, either by the parent or legal custodian
- The child or young individual is being or at risk of being ill-treated by another person, and the parent or legal custodian, although aware of such mistreatment or risk, is unwilling or unable to offer the child or young individual protection from this situation
- The child or young individual needs to be medically examined or doctored for the intent of regaining his health and the parent or legal custodian refuses or neglects to have the individual examined or treated
- The child or young individual acts in a manner that is injurious to himself, and the parent or legal custodian is unwilling or unable to take measure to help improve the situation or
- The corrective procedures taken by the parent or legal custodian has been unsuccessful
- There is serious struggle between the child or young individual and the parent or legal custodian resulting in a breakdown of familial relationship, and causing emotional injury to the child or young individual
- The child or young individual is a victim of an offence where the perpetrator is either the parent or legal custodian or where the parent or legal custodian is unable or unwilling to protect the child or young individual from the offence
- The child or young individual is situated in the same domestic home where another child or young individual is a victim of an offence and the child or young individual is in danger of having that same offence committed against him
- The child or young individual is destitute or roaming around without permanent abode or clear means of subsistence
- The child or young individual is loitering and begging for alms
- The child or young individual is involved in unlawful sweepstakes, draws or pools; prohibited peddling; betting and gaming; and other illicit activities
- The child or young individual is inhaling or using any intoxicating substances for the intent of making himself or herself intoxicated
Child Order Protection Application Process
The Director or Social Services or a Protector will file a Complaint or Summons in the Youth Court on behalf of the child or young individual. Should the Youth Court Judge determine that there are sufficient grounds in the Complaint to warrant an investigation, he or she will then call for a Social Report on the child or young individual.
The Youth Court Judge may also make interim orders, including placing the child or young individual in a temporary pace of safety pending the Social Report.
Youth Court Orders
The Child Protection Officer will conduct interviews with the parents or guardians, the child and any other relevant persons before submitting a Social Report to the Youth Court. The Youth Court Judge will then read and review the Social Report and discuss with 2 Panel Advisers before making any of the following orders:
- That the parent or legal custodian of the child or young individual to enter into a bond to exercise proper care and guardianship of the child or young individual as specified by the Court
- That the child or young individual is placed in the care of a fit person for a time period specified by the Court
- That the child or young individual is located in a temporary place of safety or place of temporary care and protection for a period as specified by the Court
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