Section 2
of Children and Young Persons Act
Section 2
(1)
In this Act, unless the context otherwise requires —
“Action Team on Child Protection” means a team established in accordance with section 13;
“approved home” means an institution appointed or established under Part XII as an approved home;
“approved institution” means any place declared as such under section 17 of the Offenders (Probation and Community Service)
(Chapter 220);
“approved school” means an institution appointed or established under Part XII as an approved school;
“child” means a person who has not attained the age of 14 years;
“Community Development Officer” means a staff in the
Department of Community Development;
“court” means a court of competent jurisdiction;
“development” includes physical, intellectual, emotional, social and behavioural development;
“Director” means the Director of Community Development;
“guardian” of a child or young person means the parent of that child or young person or any person appointed by deed or will or by the order of a court to be the guardian of that child or young
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person, or any person who has adopted that child or young person;
and includes any person who has the lawful custody of that child or young person;
“hospital” means any hospital or clinic of the Government or any private hospital or clinic;
“juvenile” means a person who has attained the age of 7 years of age but who has not attained the age of 18 years;
“manager” includes a warden and superintendent and any other person having the management or control of any approved school, approved home, remand home, place of detention or place of safety;
“medical officer” means a person registered under the Medical
Practitioners and Dentists Act (Chapter 112);
“medical social officer” means a member of the Medical Social
Work Unit;
“Minister” means the Minister of Culture, Youth and Sports;
“Permanent Secretary” means the Permanent Secretary of the
Ministry of Culture, Youth and Sports;
“place of detention” means any place provided or appointed as a place of detention under section 63(1);
“place of safety” means any place declared as such under section 97(1), or any other place as the protector considers suitable if the occupier of such place is temporarily willing to receive a child or young person;
[S 60/2008]
“premises” includes any dwelling house, building, shop, room, conveyance or any place whether open or enclosed;
“protector” means the Director and such other persons as the
Minister may, by notification published in the Gazette, declare to be vested with all or any of the duties of a protector under this Act, and any public officer appointed under section 3;
“register” means the Register of Children and Young Persons in
Need of Protection kept and maintained under section 5;
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“Registrar” means the Registrar of Children and Young Persons in
Need of Protection appointed under section 4;
“remand home” means any place provided or appointed as a remand home under section 61(1);
“school” means any government or non-government educational institution;
“senior police officer” means a police officer not below the rank a probationary assistant superintendent;
“staff” means any officer or any other person working in the
Department of Community Development;
“supervisor” means the officer in charge of a welfare home;
“visitor” means a person appointed to be a member of a board of visitors under section 75(1);
“welfare home” means any welfare home gazetted by the Minister;
“young person” means a person who has attained the age of 14 years of age but who has not attained the age of 18 years.
(2)
For the purposes of this Act, a child or young person is in need of protection if —
(a)
the child or young person has been or there is substantial risk that he will be physically or emotionally injured or sexually abused by his guardian;
(b)
the child or young person has been or there is substantial risk that he will be physically or emotionally injured or sexually abused and his guardian, knowing of such injury, abuse or risk, has not protected or is unlikely to protect him from such injury or abuse;
(c)
the guardian of the child or young person is unfit, or has neglected or is unable, to exercise proper supervision and control over him and he is falling into bad association, is exposed to moral danger or is beyond control;
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(d)
the guardian of the child or young person has neglected or is unwilling to provide for him adequate care, food, clothing and shelter;
(e)
the child or young person has no guardian, or has been abandoned by his guardian and after reasonable inquiries the guardian cannot be found and no other suitable person is willing and able to care for him;
(f)
the child or young person needs to be examined, investigated or treated for the purpose of restoring or preserving his health and his guardian neglects or refuses to have him so examined, investigated or treated;
(g)
the child or young person behaves in a manner that is or is likely to be harmful to himself or to any other person and his guardian is unable or unwilling to take necessary measures to remedy the situation or the remedial measures taken by the guardian have failed;
(h)
there is such conflict between the child or young person and his guardian, or between his guardians, that family relationships are seriously disrupted, thereby causing him emotional injury;
(i)
the child or young person is a person in respect of whom any of the offences mentioned in the Penal Code (Chapter 22) or any offence of the nature described in this Act has been or is believed to have been committed and his guardian is the person who committed or is believed to have committed such offence or has not protected or is unlikely to protect him from such offence;
(j)
the child or young person is —
(i)
a member of the same household as a child or young person referred to in paragraph (i); or
(ii)
a member of the same household of the person who has been convicted of any of the offences 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 guardian is the person who committed or is believed to have committed such offence or is unable or unwilling to protect him from such offence;
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(k)
the child or young person is found begging.
(3)
For the purposes of this Act —
(a)
a child or young person is physically injured if there is substantial and observable injury to any part of his body as a result of the non-accidental application of force or an agent to the child’s or young person’s body that is evidenced by, amongst other things, a laceration, contusion, abrasion, scar, fracture or other bone injury, dislocation or sprain, haemorrhaging, the rupture of a viscous, a burn or scald, the loss or alteration of consciousness or physiological functioning or the loss of the hair or any teeth;
(b)
a child or young person is emotionally injured if there is substantial and observable impairment of his 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)
a child or young person is 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 any pornographic, obscene or indecent material, photograph, recording, film, videotape or performance or for the purpose of sexual exploitation by any person for that person’s or another person’s sexual gratification.
(4)
In the interpretation and application of this Act, when any question arises with respect to the welfare of any child or young person in any particular circumstances, the best interests of that child or young person shall always be the paramount consideration.