Children and Young Persons (Government Homes) Regulations 2011

No. S 415

Children and Young Persons Act

(CHAPTER 38)

Children and Young Persons
(Government Homes)
Regulations 2011

In exercise of the powers conferred by section 88 of the Children and Young Persons Act, MG (NS) Chan Chun Sing, Minister of State, charged with the responsibility of the Minister for Community Development, Youth and Sports, hereby makes the following Regulations:

PART I

PRELIMINARY

Citation and commencement

1.  These Regulations may be cited as the Children and Young Persons (Government Homes) Regulations 2011 and shall come into operation on 20th July 2011.

Definitions

2.  In these Regulations, unless the context otherwise requires —

“home” means a home for children and young persons which is under the management or control of the Government and which is specified in the Schedule;

[Deleted by S 515/2020 wef 01/07/2020]

“medical practitioner” means a registered medical practitioner under the Medical Registration Act (Cap. 174) who has in force a practising certificate issued under that Act;

“nurse” means an “enrolled nurse” or a “registered nurse” as defined in section 2 of the Nurses and Midwives Act (Cap. 209);

“relevant person” means a person —

(a) who may visit or meet with a resident of a home if such visit or meeting is permitted by the person‑in‑charge of the home; or

(b) whose wedding or funeral may be attended by a resident of a home if such attendance is permitted by the person‑in‑charge of the home;

[S 515/2020 wef 01/07/2020]

“remanded person” means a person remanded in a home that is also a remand home, under section 53(2) of the Act;

[S 515/2020 wef 01/07/2020]

“resident” means any person below 21 years of age residing in a home.

[S 515/2020 wef 01/07/2020]

PART II

PERSON-IN-CHARGE

Responsibilities of person-in-charge

3.—(1)  The person-in-charge of a home shall be responsible to the Director-General for the proper management of the home under his charge, and for the reception, discipline and well‑being of its residents.

[S 515/2020 wef 01/07/2020]

(2)  The person-in-charge of a home shall, with the approval of the Director-General, determine and draw up the following:

(a) the duties of the members of the staff of the home under his charge;

(b) the daily routine for the residents of the home;

[S 515/2020 wef 01/07/2020]

(c) security and other safety measures;

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(d) such other standing instructions, duties, programmes and schedules as the Director-General may from time to time direct.

[S 515/2020 wef 01/07/2020]

Standards of Care

4.—(1)  The Director-General may, from time to time, issue, amend and vary a document to be known as the Standards of Care which sets out the objectives and guidelines for the management and administration of any home and the care of residents of any such home.

[S 515/2020 wef 01/07/2020]

(2)  The person-in-charge of a home shall use his best endeavours to comply with the provisions of the Standards of Care in respect of the home.

[S 515/2020 wef 01/07/2020]

PART III

RECORDS AND REPORTS

Records

5.—(1)  The person-in-charge of a home shall ensure that up-to-date records are maintained in respect of the home and that those records shall be made available for inspection by the Director-General at all times.

[S 515/2020 wef 01/07/2020]

(2)  The records required to be maintained in respect of a home under paragraph (1) shall include —

(a) particulars relating to —

(i) the admission and discharge of every resident to and from the home; and

(ii) the release on licence of any resident (other than a remanded person) from the home under section 76(2) of the Act and the revocation of any such licence;

[S 515/2020 wef 01/07/2020]

(b) particulars of all the personal effects of every resident of the home which are handed to the person‑in‑charge of the home for safe‑keeping upon the admission of the resident to the home, and a brief account of the manner in which all such personal effects are disposed of by the person‑in‑charge upon the discharge of that resident;

[S 515/2020 wef 01/07/2020]

(c) personal particulars of every resident of the home, including the reason for the resident’s stay at the home;

[S 515/2020 wef 01/07/2020]

(d) particulars of every disciplinary action taken against any resident of the home;

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(e) the daily records of the attendance of each resident of the home;

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(f) particulars of every event of importance connected with the management of the home;

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(g) for every visit to the home by any member of the Review Board, the name of the member and the member’s comments (if any) concerning the home that were made during the visit; and

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(h) such other records as the Director-General may from time to time direct to be kept in respect of that home.

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(3)  The records required to be maintained in respect of a home under paragraph (1) shall —

(a) be available for inspection by any member of the Review Board at all times and shall be signed by the member upon inspection; and

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(b) be placed before the Review Board at any of its meetings if the Review Board so requires.

[S 515/2020 wef 01/07/2020]

Person-in-charge to inquire into complaint of abuse of resident

6.—(1)  Upon the receipt of a complaint of abuse of any resident of a home, the person-in-charge of the home must report the complaint to the Director-General as soon as practicable.

[S 515/2020 wef 01/07/2020]

(2)  The person-in-charge of a home shall inquire into the complaint of abuse of any resident of the home and report the initial findings to the Director-General within 3 days after the date of the receipt of the complaint.

[S 515/2020 wef 01/07/2020]

[S 515/2020 wef 01/07/2020]

Notification of death, illness or accident or abscondence

7.—(1)  Where a resident of a home dies or is seriously injured at any time when he has not been discharged as a resident of the home, the person-in-charge of that home shall, as soon as possible, report the death or serious injury to the police, the Director-General and the parent or guardian of the resident.

[S 515/2020 wef 01/07/2020]

(2)  Where it becomes necessary for a resident of a home to be admitted to a hospital for medical treatment, the person-in-charge of that home shall, as soon as possible, inform the parent or guardian of the resident.

[S 515/2020 wef 01/07/2020]

(3)  The person-in-charge of a home must ensure that no surgical treatment is carried out on any resident of the home without the prior consent of the resident’s parent or guardian unless —

(a) where section 74 of the Act applies — consent has been given by the Director‑General or a protector in accordance with that section; or

(b) where section 74 of the Act does not apply and the resident is committed to the home under section 49(1)(b), 49B(2) or 49C (read with section 49B) of the Act — consent has been given by the Director‑General, a protector or the care‑giver of the resident in accordance with section 49A (read with section 49(1)(b)) of the Act, section 49D (read with section 49B(2)) of the Act, or section 49D (read with sections 49B and 49C) of the Act, as the case may be.

[S 515/2020 wef 01/07/2020]

(4)  Where a resident of a home has been absent without authority from the home for more than 24 hours, the person-in-charge of that home shall, as soon as possible, report the absence to the police and the parent or guardian of the resident.

[S 515/2020 wef 01/07/2020]

(5)  Where a resident of a home escapes from a home or from the custody of a member of the staff thereof, the person-in-charge of that home shall immediately make a report of the escape to the police, the Director-General and the parent or guardian of the resident.

[S 515/2020 wef 01/07/2020]

PART IV

SAFETY

First-aid facilities

8.—(1)  The person-in-charge of a home shall ensure that the home has a first-aid kit for emergency treatment that is kept in an accessible and safe place in the home.

[S 515/2020 wef 01/07/2020]

(2)  [Deleted by S 515/2020 wef 01/07/2020]

(3)  The person-in-charge of a home shall ensure that there is, at all times present on site at the home, at least one member of the staff of the home who is trained in first-aid.

[S 515/2020 wef 01/07/2020]

Fire precautions

9.—(1)  The person-in-charge of a home shall ensure that —

(a) there is a fire emergency plan for the home;

(b) [Deleted by S 515/2020 wef 01/07/2020]

(c) fire drills by residents and staff of the home are conducted at least once every 3 months;

(d) a record is maintained of all such fire drills;

[S 515/2020 wef 01/07/2020]

(e) any apparatus or firefighting equipment recommended by the Commissioner of Civil Defence is installed in the home and is regularly inspected, maintained and ready for use;

(f) the staff of the home are conversant with the method of using such equipment; and

(g) all exits from the home as well as all passageways and staircases are clear of obstructions at all times.

[S 515/2020 wef 01/07/2020]

(2)  In this regulation, “Commissioner of Civil Defence” means the Commissioner of Civil Defence appointed under section 6 of the Civil Defence Act (Cap. 42).

PART V

MANAGEMENT OF RESIDENTS

Personal effects of resident

10.—(1)  The personal effects of a resident shall, upon his admission to a home, be taken from him by the person-in-charge of the home and, subject to paragraph (2), the person-in-charge shall cause such personal effects to be handed over to the parent or guardian of the resident as soon as possible or otherwise returned to the resident upon his discharge from the home.

[S 515/2020 wef 01/07/2020]

(2)  Where any item among the personal effects of a resident of a home at the time of his admission to the home is of a perishable or dangerous nature, the person-in-charge of the home shall cause the item to be destroyed.

[S 515/2020 wef 01/07/2020]

(3)  [Deleted by S 515/2020 wef 01/07/2020]

Medical examination

11.  The person-in-charge of a home shall ensure that every resident shall as soon as practicable after his admission to a home, be examined by a medical practitioner.

[S 515/2020 wef 01/07/2020]

Food and necessities

12.—(1)  The person-in-charge of a home shall ensure that there is a written menu that is displayed conspicuously in the home and made available for inspection at all times by any officer authorised by the Director-General.

[S 515/2020 wef 01/07/2020]

(2)  The person-in-charge of a home shall ensure that every resident of the home shall be supplied with adequate food and an adequate variety of food.

[S 515/2020 wef 01/07/2020]

(3)  The person-in-charge of a home shall ensure that every resident of the home shall be provided with adequate sleeping space, clothes, toiletries and such other items as may be necessary for his stay at the home.

[S 515/2020 wef 01/07/2020]

Religious observance

13.—(1)  As far as is practicable, the person-in-charge of a home shall ensure that arrangements are made for every resident of the home to adhere to the observances required by the religion which the resident professes.

[S 515/2020 wef 01/07/2020]

(2)  The person-in-charge of a home shall ensure that ministers of religion shall, wherever possible, be given access to the home for the purpose of visiting or giving religious instruction to residents of the home (other than remanded persons) according to their particular faiths.

[S 515/2020 wef 01/07/2020]

Activities for residents

14.—(1)  The person‑in‑charge of a home must ensure that the activities for every resident of the home (other than a remanded person) must, wherever possible, include —

(a) moral or religious guidance;

(b) education;

(c) vocational training;

(d) work;

(e) physical training;

(f) social and recreational activities; and

(g) individual and group therapy.

[S 515/2020 wef 01/07/2020]

(2)  In this regulation, “work” means light work, such as a resident of a home making his own bed, cleaning his own dormitory, or assisting in similar light work in the kitchen or about the buildings or grounds of the home.

[S 515/2020 wef 01/07/2020]

Home leave

15.—(1)  The person-in-charge of a home may grant home leave to any resident of the home (other than a remanded person) to —

(a) visit a relevant person; or

(b) participate in activities that facilitate the protection and rehabilitation of the resident, and the resident’s reintegration with his family and with society.

[S 515/2020 wef 01/07/2020]

(2)  A resident of a home who has been granted leave under paragraph (1) shall abide by the following conditions during the period of leave granted to him:

(a) he shall return to the home immediately upon the expiration of the period of leave;

(b) he shall remain indoors during the times specified by the person-in-charge of the home;

[S 515/2020 wef 01/07/2020]

(c) he shall not visit such undesirable places as the person-in-charge of the home may specify;

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(d) he shall not consume or have in his possession any controlled drug, intoxicating substance, tobacco or alcoholic drink;

(e) he shall not behave in a disorderly manner;

[S 515/2020 wef 01/07/2020]

(f) any other conditions specified by the person-in-charge of the home in any particular case.

[S 515/2020 wef 01/07/2020]

Special leave

16.—(1)  Subject to paragraph (2), the person-in-charge of a home may grant a resident of the home (other than a remanded person) special leave to —

(a) attend any educational class or training or take up any internship or employment that the person-in-charge is of the opinion is suitable for the resident; or

(b) travel outside Singapore if —

(i) in the case of a resident who is the subject of an order made under section 49(1)(b) or 49B(2) of the Act, or section 49C (read with section 49B) of the Act under which the Director‑General, a protector or the care‑giver of the resident may consent to the resident travelling internationally — such consent has been given in accordance with section 49A (read with section 49(1)(b)) of the Act, section 49D (read with section 49B(2)) of the Act, or section 49D (read with sections 49B and 49C) of the Act, as the case may be;

(ii) in the case of a resident who is the subject of a voluntary care agreement under which it is agreed that the Director-General, a protector or the care‑giver of the resident may consent to the resident travelling internationally — such consent has been given in accordance with the voluntary care agreement;

(iii) in the case of a resident who is the subject of a statutory order (other than an order mentioned in sub‑paragraph (i)) to reside in the home — the consent of the resident’s parent or guardian, and the Director‑General’s approval, has been given for such travel; or

(iv) in any other case — the consent of the parent or guardian of the resident has been given for such travel.

[S 515/2020 wef 01/07/2020]

(1A)  Subject to paragraph (2), the person-in-charge of a home may grant a resident of the home special leave for any other special purpose for which the person‑in‑charge thinks fit and proper to grant special leave to the resident.

[S 515/2020 wef 01/07/2020]

(2)  A resident of a home who has been granted special leave under paragraph (1) or (1A) shall abide by the following conditions during the period of special leave granted to him:

(a) he shall leave and return to the home at the times specified by the person-in-charge of the home;

[S 515/2020 wef 01/07/2020]

(b) he must not, without reasonable cause, fail to attend any of the following:

(i) any mediation, counselling, psychotherapy session or other assessment, programme or treatment that the resident is required to attend by the person‑in‑charge or under any order by a court;

(ii) any educational class, training, internship or employment;

[S 515/2020 wef 01/07/2020]

(c) he shall not consume or have in his possession any controlled drug, intoxicating substance, tobacco or alcoholic drink;

(d) he shall not behave in a disorderly manner;

(e) such other conditions as the person-in-charge of the home may specify in that particular case.

[S 515/2020 wef 01/07/2020]

[S 515/2020 wef 01/07/2020]

Writing and receipt of letters

17.—(1)  The person-in-charge of a home shall ensure that every resident of the home shall be encouraged to write to his parent, guardian, relatives and friends or, if he is unable to write, to dictate his letter to a member of the staff of the home.

[S 515/2020 wef 01/07/2020]

(2)  Subject to paragraph (3), the person-in-charge of a home shall ensure that every resident of the home is allowed to receive letters from his parent, guardian, relatives and friends.

[S 515/2020 wef 01/07/2020]

(3)  The person-in-charge of a home shall not allow any letter to be posted or received by a resident of the home unless the contents thereof have been screened by the person-in-charge or a staff of that home authorised by that person-in-charge.

[S 515/2020 wef 01/07/2020]

Provision to receive visits

18.—(1)  Subject to paragraph (3), the person-in-charge of a home shall ensure that every resident of a home is allowed to receive visits from his parent or guardian during such hours and at such reasonable intervals as the person-in-charge of the home may determine.

[S 515/2020 wef 01/07/2020]

(2)  The person-in-charge of a home may in exceptional cases allow a resident of the home to receive visits from such other persons as the person-in-charge thinks necessary or desirable.

[S 515/2020 wef 01/07/2020]

(3)  The person-in-charge of a home may, where the circumstances so warrant, refuse to allow the parent or guardian of a resident of the home to visit the resident, but in every such case the person-in-charge shall record the reasons for doing so.

[S 515/2020 wef 01/07/2020]

 

Made this 18th day of July 2011.

CHAN HENG KEE

Permanent Secretary,
Ministry of Community Development,
Youth and Sports,
Singapore.

[MCYS 76-06-01; AG/LLRD/SL/38/2010/6 Vol. 1]