Child Act 2001 (Act 611) and Regulations [As At 10th October 2022]

CHILD ACT 2001 (ACT 611) AND REGULATIONS

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.

Detailed Contents Of Child Act 2001 (Act 611) and Regulations:

The Child Act 2001 (Act 611) is a Malaysian law that governs the rights and protection of children in the country. The act was enacted on 26th April 2001 and came into effect on 1st November 2001. It covers a wide range of issues related to children, including child abuse, neglect, exploitation, and protection.

The act has been amended several times, and the most recent version includes amendments up to 10th October 2022. The following is an overview of the act and its regulations:

Part I: Preliminary

This part defines the scope of the act and its key terms, including "child," "parent," "guardian," and "person in loco parentis."

Part II: Administration of the Act

This part establishes the Department of Social Welfare as the agency responsible for administering the act. It also outlines the powers and duties of the director-general and other officers appointed under the act.

Part III: Child Protection

This part provides for the protection of children from abuse, neglect, and exploitation. It sets out the responsibilities of parents, guardians, and other adults towards children, as well as the powers of the court to protect children in need of care and protection.

Part IV: Children in Need of Care and Protection

This part outlines the procedures for dealing with children who are in need of care and protection. It includes provisions for the assessment, placement, and care of children who are deemed to be in need of protection.

Part V: Child Adoption

This part regulates the adoption of children in Malaysia. It establishes the procedures for adoption, the requirements for prospective adoptive parents, and the role of the court in overseeing the adoption process.

Part VI: Child Employment

This part governs the employment of children in Malaysia. It sets out the minimum age for employment, the types of work that children are prohibited from performing, and the conditions under which children may work.

Part VII: Offences Relating to Children

This part sets out the offences related to children, including child abuse, neglect, exploitation, and abandonment. It also establishes the penalties for these offences, which can range from fines to imprisonment.

Part VIII: Miscellaneous

This part includes miscellaneous provisions, such as the power of the court to make orders for the protection of children, the power of the director-general to make regulations, and the power of the minister to make rules.

Regulations

The Child Act 2001 is supplemented by several regulations that provide further details on its implementation. These include:

1. Child Protection (Child Care Centre) Regulations 2012

This regulation sets out the minimum standards for child care centres in Malaysia, including requirements for the physical facilities, staffing, and management of such centres.

2. Child Protection (Children’s Homes) Regulations 2012

This regulation sets out the minimum standards for children's homes in Malaysia, including requirements for the physical facilities, staffing, and management of such homes.

3. Child Protection (Foster Care) Regulations 2012

This regulation sets out the procedures for the placement and care of children in foster care. It includes requirements for the assessment of prospective foster parents, the placement of children in foster care, and the monitoring of foster care placements.

4. Child Protection (Child Adoption) Regulations 2017

This regulation provides further details on the adoption process in Malaysia, including the requirements for adoption applications, the role of the court in adoption proceedings, and the procedures for the revocation of adoption orders.

5. Child Protection (Child Sexual Crimes) Regulations 2018

This regulation sets out the procedures for the investigation and prosecution of sexual offences against children. It includes provisions for the protection of child victims, the admissibility of evidence in court, and the sentencing of offenders.

Child Act 2001 (Act 611) Contains: