Care and protection orders: overview

What is a care and protection order

A care and protection order (CPO) is a court order that serves to keep children and young persons below the age of 18, who are in need of care or protection, safe.

Only the Director-General of Social Welfare (Director-General) or a protection officer from the Ministry of Social and Family Development (MSF) may apply for a CPO.

An application for a CPO is heard in the Youth Courts, which handle cases involving children and young persons under the Children and Young Persons Act 1993 (CYPA).

Child or young person in need of care and protection

A child or young person is in need of care and protection if the child or young person:

• Has no parent or guardian.
• Has been abandoned by a parent or guardian, and no suitable person is willing or able to care for the child or young person.
• Has a parent or guardian who is unable or has neglected to provide adequate food, clothing, medical aid, housing, care or other life necessities for the child or young person.
• Has a parent or guardian who is unable or has neglected to properly supervise and control the child or young person, which causes the child or young person to fall into bad company and be exposed to danger.
• Has been or is at risk of being ill-treated by a parent or guardian, or by any other person whom a parent or guardian has not protected them from.
• Needs to be examined or treated for health conditions and developmental concerns, but whose parent or guardian has neglected or refused to do so.
• Behaves in a manner that is harmful or likely to be harmful to the child or young person, or to other people, but the parent or guardian of the child or young person is unable or unwilling to take necessary steps to remedy the situation or takes steps that fail.
• Suffers or is likely to suffer from emotional harm due to emotional or psychological abuse by a parent or guardian.
  
• Is homeless and unable to support himself or herself.
• Is begging for money and food.
• Is carrying out illegal lotteries, illegal hawking, gambling or other undesirable activities.
• Is using or inhaling any intoxicating substance, as defined in the Intoxicating Substances Act 1987.
• Is believed to have a relevant offence committed against him or her.
  • A relevant offence refers to an offence under Part 2 of the Children and Young Persons Act 1967 such as ill-treatment and child trafficking, offences under the Penal Code 1871 against the human body and any offence which causes bodily injury to the child or young person.
• Is in danger of a relevant offence being committed against him or her by his or her parent, or guardian or by another member of the same household.
  

Orders the Youth Courts may make

If satisfied that the child or young person is in need of care and protection, the judge may make any of the following orders:

• Order the parent or guardian to sign a bond to exercise proper care and guardianship over the child or young person.
• Order the child or young person to be taken care of by a fit person for a specified period of time.
• Order the child or young person to stay in a place of safety or a place of temporary care and protection for a specified period of time.
• Place the child or young person under the supervision of the Director-General, a protection officer, an approved welfare officer or a court-appointed person for a specified period of time.

The judge may also order the child or young person and the parent or guardian of that child or young person, to attend counselling, psychotherapy or any other assessment, programme or treatment. If such an order is made, the parents or guardian may be required to enter into a bond to comply with the order.

Enhanced care and protection order (ECPO)

Depending on the nature of the case, the court may issue an ECPO. ECPOs are long-term orders meant to provide stability and certainty in care arrangements for children and young persons up to 21 years of age.

The judge may make an ECPO for the child or young person to be taken care of by a fit person until the child or young person turns 21 years of age, or for a shorter period specified by the court if:

• The child or young person is either under an existing CPO, or under the care of a caregiver (other than the parents or guardian) under a voluntary care agreement, for a period of at least 12 months (in case of a child below 3 years of age) or 24 months (in case of a child who is 3 years of age or older, or a young person).
• The parents or guardian are not fit to care for the child or young person.
• It is not appropriate to return the child or young person to the care of the parents or guardian.

The judge may also make an order allowing the Director-General, a protection officer or a caregiver to make decisions relating to the child or young person.

Therapeutic Justice (TJ) in care and protection orders

In the Youth Courts, the broad aims of TJ in care and protection proceedings are to prioritise the safety and care of the child or young person, and promote his or her welfare, while providing his or her family with the opportunity to be heard and supported, and help the family to build their capacity to care for the child or young person, especially when trauma is part of the child’s or young person’s experience. The voices and rights of the parents or guardian of a child or young person must be balanced against the best interests and welfare of the child or young person. Where the child or young person is of sufficient maturity to articulate his or her wishes, these views are to be given due consideration. Various TJ initiatives have been introduced to facilitate these aims. 

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