KUALA LUMPUR – The Social Welfare Department has the right and legal authority under the Child Act 2001 to take children into custody once their parents have been charged with child neglect in court.
Speaking to Scoop, lawyer Fahmi Abd Moin, who represented Zayn Rayyan Abdul Matiin’s father in court yesterday, confirmed that the younger brother of the deceased has been taken into the department’s custody.
He also confirmed that the department will be applying for temporary custody of the boy in the Shah Alam High Court this morning.
He said that this is the normal procedure as stipulated under Section 17(1) of the Child Act 2001.
The Social Welfare Department has the legal authority to take custody of the boy, as specified under Sections 18 and 19 of the Act, Fahmi said.
Section 17 of the Child’s Act 2001 stipulates sub-provisions that justify a child needing protection and care, while Section 18 provides reasons for any protector or police officer who is satisfied on reasonable grounds that a child is in need of care and protection to take the child into temporary custody.
Meanwhile, Section 19 says that every child who is taken into temporary custody shall be brought before a court for children, as the court may direct the child to be placed in a place of safety or under the care of a fit and proper person.
However, Fahmi said that he is unable to attend today’s proceedings and therefore cannot confirm the period of time that the department will apply for temporary custody of Zayn’s younger brother.
Yesterday, Zayn’s parents, Zaim Ikhwan Zahari and Ismanira Abdul Manaf, were charged with child neglect offences at Petaling Jaya sessions court.
The couple pleaded not guilty and were released with each RM10,000 bail.
On December 6, last year, the 6-year-old’s body was found at a stream near Idaman Apartments, Damansara Damai.
A post-mortem indicated that the child was killed, based on injuries found on his neck and body. – June 14, 2024