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The Children & Young Persons Act (CYPA) is an Act that safeguards the care, protection and rehabilitation of our children and young persons who are below 16 years of age. Amendments to the Children and Young Persons were passed in Parliament on 20 April 2001. The amendments to the Act have widened the scope of child protection and included more options in the rehabilitation process, and were implemented on 1 October 2001.
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Under "Protection of Children and Young Persons", the following now applies: |
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| a) |
The scope of child abuse is widened from just physical abuse, neglect and ill-treatment to include emotional or psychological abuse. |
| b) |
When a child or young person's health is in critical condition, and parental consent could not be obtained, the Protector is empowered to remove and send the child or young person for medical treatment. In addition, the Court may order the child or young person and his parents to undergo counselling, psychotherapy, assessments and other programmes. |
| c) |
Print and broadcast media are prohibited from disclosing any picture or particulars of the child or young person who is involved in any court proceedings, unless it is in the interest of justice to do so. |
| d) |
The Protector now has the authority to require the assistance of parents and any significant person to provide information pertinent to the ircumstances of abuse. |
| e) |
MCYS welfare officers and Police officers are protected from civil and criminal liability if they are acting in good faith. In addition, the Act also protects an informant of suspected child abuse from personal liability. |
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Under "Rehabilitation of Juvenile Offenders" the following applies: |
| a) |
Wider options to order
the rehabilitation of youth offenders: Community Service Order, Family Conference, Probation with Detention and Weekend Detention. |
| b) |
The juvenile offender and / or his / her parents may be sent for counselling, psychological assessment and to attend programmes aimed to improve parent-child relationship. The parents may also be required to enter into a bond to comply with the given orders, as well as attend all stages of court proceedings that their child is involved in. |
| c) |
With the closure of the Young Offenders Section, the Act allows the Court to order the offender (both male and female), aged 14 to less than 16 years, to be admitted to the Reformative Training Centre (RTC) provided the offender has committed a previous offence and was previously sent to a MCYS Approved School. |
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| Where "Approved Schools and Approved Homes" are concerned, the conveying of prohibited articles by visitors and parents to the residents is now made illegal. In addition, a resident who escapes from the home can now be arrested without warrant and brought back to the home. |
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| The amended Act is more flexible and relevant to the spirit of the CYPA. It calls for a higher service standard for the professionals in the fields and at the same time, empowers them to carry out their responsibilities effectively. Most importantly, the Act reinforces the roles and responsibilities of the parents / caregivers. |
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