Section 26
Powers of court
of Persons with Disabilities Act
(1)
If it appears to the Magistrate, on the report of the Registrar, an authorised officer or a police officer that a person with disabilities is abused or neglected, the court may send a summons for the attendance of the person having charge of the person with disabilities, and after due inquiry make an order for the person with disabilities to be sent to a medical practitioner for examination and medical treatment.
(2)
Without prejudice to subsection (1) and in addition to any other powers exercisable under any other written law, the court may make an order —
(a)
for the person having charge of the person with disabilities to enter into a bond to exercise proper care and charge for a period specified by the court to be reasonable under all the circumstances;
(b)
to place the person with disabilities in the care and charge of a fit person for a period specified by the court to be reasonable under all the circumstances;
(c)
without making any other order or in addition to an order under paragraph (a) or (b), to place the person with disabilities under the supervision of a Community Development Officer, or some other person appointed for the purpose by the court, for a period specified by the court to be reasonable under all the circumstances.
(3)
A court may, in making any order under subsection (2), impose such conditions or give such directions as it may consider appropriate for the purpose of ensuring the safety, health and wellbeing of the person with disabilities, and any person who fails to comply with or contravenes any of these conditions or directions is guilty of an offence and liable on conviction to a fine not exceeding $4,000.
(4)
No order under subsection (2) shall be made without giving the person having charge of the person with disabilities an opportunity to attend and be heard.
Persons with Disabilities
CAP. 234 20
(5)
Notwithstanding subsection (4), an order under subsection (2)
may be made if the person having charge of the person with disabilities, having been required to attend, has failed to do so or cannot be found within a reasonable time.
(6)
In this section, “fit person” means a person whom the court, having regard to the character of the person, thinks competent to provide care, protection and supervision of a person with disabilities.