The Ministry of Community Development, Youth and Sports (MCYS) will implement the changes made under the
Children and Young Persons (Amendment) Bill, which was
passed in Parliament in January 2011. The amendments will take effect from 20 July 2011.
Licensing of Children and Young Persons Homes
The amendments seek to enhance the welfare of children and young persons in residential care by providing for the licensing of all Children and Young Persons Homes. As part of the licensing requirements, the Act will require all cases of children residing in Homes to be reviewed by a Review Board to ensure that proper care plans are put in place for the welfare of the children. The Review Board will also visit the Homes regularly to ensure that the children are cared for in a conducive environment.
Additional measures to protect children and young persons
Additional measures in the amended Act are to enhance the protection of children and to provide for their safety and well-being. Some of these include allowing inquiries to be made by the Protector
1, where there is reasonable cause to suspect that an offence against any child or young person is being committed, or the child or young person is in need of care or protection. The Court may also exempt the child or young person from court proceedings where it is assessed that court attendance may adversely affect the child’s well-being.
To further strengthen protection for the privacy of children and young persons, a new provision prohibits the publication or broadcast of information that leads to the identification of any child or young person who is subject to an investigation, or has been taken into care or custody under the Act.
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1Protector means the Director of Social Welfare or any person appointed or authorised by the Director under the Act to exercise the powers and duties of a protector under the Act.
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Key Amendments to the Children and Young Persons Act
| 1
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Licensing of all Children and Young Persons Homes
[New Part III of the Act]
All Children and Young Persons Homes will need to apply for a license and comply with licensing requirements.
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| 2 |
Review Board to review all cases of children in Children and Young Persons Homes
[New section 52G]
A Review Board, comprising members appointed by the Minister for Community Development, Youth and Sports, will review all cases of children admitted into Children and Young Persons Homes for residential care.
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| 3 |
Voluntary Care Agreements to be made between Child Protection Officers and parents/guardians to promote the welfare of the child
[New section 48A]
Voluntary care agreements may be jointly made between Child Protection Officers and parents/guardians with regard to care plans for the child.
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| 4 |
Court to exempt child from court proceedings if it is in child’s best interest
[New section 49(3B)]
The Court will be able to exempt the child from attending court proceedings, if his/her attendance would be detrimental to the child’s well-being.
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| 5 |
Protector is able to obtain information if there is reasonable cause to suspect a child or young person is in need of care or protection
[Amendment to section 8]
The Protector will be able to make inquiries if there are reasonable grounds to believe that an offence against the child may take place or that the child is in need of care or protection.
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| 6 |
Protector may restrict or place condition on access to a child who has been removed
[New section 9(4)]
In cases where a child or young person has been removed because he/she is in need of care or protection, Protector may restrict access or place conditions on access by the parents or alleged perpetrator to the child and young person, if contact with the parents or alleged perpetrator is assessed to be detrimental to the child’s well-being.
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| 7 |
Prohibition of the publication or broadcast of information that leads to the identification of any child or young person who is subject to an investigation under the Act
[New section 27A]
Where there is an investigation under the Act with respect to a child or young person or if he/she has been taken into the care or custody under the Act, the publication or broadcast of any information that may reveal the child or young person’s identity is prohibited.
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| 8 |
Removal of minimum length of residential orders for juvenile offenders and beyond parental control cases
[Amendments to section 44(1)(i), section 50(1)(b)(ii)]
The minimum length of residential orders (at 24 months previously) for juvenile offenders and beyond parental control cases will be removed to allow for more flexibility for courts to take into account the needs and circumstance of each case, in determining the length of order.
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