Section Code: 0040 - 0047
Child Protection Act of 2546 (2003)
Chapter 4: Safety Protection
Children warranting safety protection are defined as follows:
- Tortured children;
- Children vulnerable to wrongdoing;
- Children in the state necessitating safety protection in accordance with the ministerial regulations.
Upon having witnessed or come to know of conduct which leads a person to believe that an act of torture has been committed against a child, such person shall promptly notify or report to a competent official, administration official or a person having the duty to protect a child’s safety according to Article 24.
When a competent official, administration official or police officer or a person having the duty to protect a child’s safety according to Article 24 has received a notification according to paragraph one, or witnessed or come to know of, at any place, conduct which leads him or her to believe that an act of torture has been committed against a child, he or she shall have the power to enter and inspect such place and separate the child from the child’s family in order to provide protection to the child at the earliest opportunity.
Persons notifying or reporting in good faith under this Article shall receive protection and shall not be held liable for any civil, criminal or administrative action arising therefrom.
In conducting the safety protection according to Article 41, paragraph two, arrangements shall be made for the immediate physical and mental examination of the child. If a competent official deems it necessary to trace and observe the child and the child’s family in order to determine appropriate safety protection measures for the child, he or she may send the child to a remand home or, if welfare assistance is called for, consider providing assistance in accordance with Article 33, and, if mental rehabilitation is needed, send the child promptly to a development and rehabilitation centre.
The transfer of a child to a remand home, development and rehabilitation centre or any other place according to paragraph one during such time when the tracing and observation is being carried out to determine appropriate safety protection measures for the child shall not be for a period longer than seven days, but in the case where there exists a compelling and appropriate reason for the benefit of the child, a competent official or public prosecutor may submit a petition to the court pursuant to Article 5 to order extending such period further, but not exceeding 30 days in total.
In the case where a child’s guardian or relative is the one committing an act of torture, if criminal proceedings are instituted against the perpetrator and there is reason to believe that the accused will repeat the act of torture, the court which considers such case shall have the power to determine conditions for controlling the behaviour of the accused, to forbid the accused from entering a specified area or to come closer to the child than the distance specified by the court, in order to prevent any repetition of such act, and may place the accused under a bond of performance in accordance with the procedures stipulated under Article 46 and 47 of the Penal Code.
If criminal proceedings are yet to be instituted or are not instituted, but there are circumstances suggesting that an act of abuse or torture will be repeated against a child, a competent official, administration official, police officer or person in charge of protecting the child’s safety under Article 24 or public prosecutor shall submit a request to the court pursuant to Article 5 to give an order prohibiting such act by imposing measures for controlling behaviour and, if deemed fit, demanding a performance bond.
In any cases under paragraph one and two, if the court is of an opinion that there exists an urgent need to protect the child from a repeated act of torture, the court shall have the authority to order the police to arrest any person believed to have the intention to perpetrate the act of torture against the child to be detained for a period not exceeding 30 days at a time.
The decision to give orders or demand a performance bond under this Article shall take into primary account the best interests of the child.
When a competent official or person having the duty of protecting a child's safety according to Article 24 has witnessed or come to know of a child at risk of wrongdoing, he or she shall make enquiries of the child and proceed to seek facts concerning the child, including relationships within the child’s family, living conditions, the manner in which the child has been brought up, and the character and behaviour of the child, and if it is deemed necessary to protect the safety of the child by sending the child to a safety protection centre or development and rehabilitation centre, the competent official shall submit the child's record together with his or her observations to the Permanent Secretary or the Provincial Governor, as the case may be, for consideration in determining and ordering appropriate protection measures for the child.
In the case where a competent official or person having the duty of protecting a child's safety according to Article 24 is of the opinion that the child needs welfare assistance, he or she shall use appropriate discretion to provide assistance according to Article 33, but if the competent official is of the opinion that it is not yet timely to send the child to a remand home, welfare centre, safety protection centre or development and rehabilitation centre, the competent official shall hand over the child to the child’s guardian or person consenting to take the child into care and guardianship, in which case the competent official may or may not appoint a safety protector according to Article 48, and after having consulted with the child’s guardian or person consenting to taking the child under care and guardianship, the competent official may impose suitable conditions to prevent the child from misbehaving or adopting behaviour which places the child at risk of wrongdoing by ordering the child’s guardian or person consenting to taking the child under care and guardianship to adopt one or more of the following courses of action as appropriate:
- To be vigilant in not letting the child enter any place or locality which would induce the child to behave in an unfitting manner;
- To be vigilant in not letting the child go outside the place of residence at night except there is a necessity or the child is accompanied by his or her guardian;
- To be vigilant in not letting the child associate with persons or group of persons who might induce the child to behave inappropriately;
- To be vigilant in not permitting the child undertake any act that might cause the child to behave inappropriately;
- To arrange for the child to receive education suitable to the child’s age, intellect and interests;
- To arrange for the child to engage in an occupation or pursuit which is in line with the child’s interests and ability;
- To arrange for the child to participate in activities which help improve the child’s spiritual and ethical development and are beneficial to society.
If it is apparent that the guardian or person consenting to take the child under care and guardianship has neglected to comply with the conditions imposed by the competent official or person in charge of protecting the child’s safety under Article 24, the competent official or person in charge of protecting the child’s safety shall take the child back into care.
A child is forbidden to purchase or consume liquor or cigarettes, or enter a place which has the particular purpose of selling or permitting the consumption of liquor or cigarettes. In case of violation, a competent official shall question the child with a view to obtaining information about the child and issue a letter summoning the child’s guardian to meet and consult on admonishing, putting the child under bond of good behaviour, or producing a joint agreement concerning procedures and a timeframe for arranging for the child to undertake social service or public utility work, or imposing any other conditions to rectify the situation or prevent the child from repeating the offence.
If it appears that the child’s guardian has violated the provisions under paragraph one, provisions under Article 39 shall be applied mutatis mutandis.
The imposition of admonition, placing the child under bond of performance, arranging for the child to undertake social service or public utility work under paragraph one shall follow the criteria, procedures and conditions stipulated in the ministerial regulations.
In the case where the Permanent Secretary or the Provincial Governor orders the transfer of a child to receive safety protection or a competent official imposes conditions for the child to undertake social service or public utility work under Article 45, if the child’s guardian does not concur, he or she shall have the right to bring the case to court according to Article 5 within one hundred and twenty days from the day of notification of the court’s order.
Measures for providing protection for the child’s safety in addition to those prescribed under this Chapter shall follow the regulations specified by the Committee.