“Life of Children After Foster Care Home:

A Comparative Review of Malaysian and Swedish Legislations”.

Prepared by,

Puteri Eleni binti Megat Osman

FakultiUndang-Undang

Universiti Malaya

2013/2014.

“Life of Children After Foster Care Home:

A Comparative Review of Malaysian and Swedish Legislations”.

By:

Puteri Eleni binti Megat Osman

Project Paper to fulfil the partial requirements to be awarded the Bachelor of Laws (LLB)

i

Contents

Abstract. ................................................................................................................ v

Acknowledgement. ............................................................................................... vi

List of Statutes. ................................................................................................... vii

List of Schedule and Figures. ............................................................................. viii

CHAPTER I: Introduction To The Project Paper. .................................................. 1

1.0 Introduction. ................................................................................................. 2

1.1 Objectives. ................................................................................................... 2

1.2 Problem Statement. ..................................................................................... 3

1.3 Scope of Study. ........................................................................................... 3

1.4 Methodology. ............................................................................................... 4

1.4.1 Qualitative Research. ............................................................................ 4

1.4.2 Quantitative Research. .......................................................................... 4

1.4.3 Interviews. ............................................................................................. 5

1.4.4 Limitations. ............................................................................................ 6

1.5 Literature Review. ........................................................................................ 7

1.6 Synopsis of Content. .................................................................................. 11

Chapter II: The Assistance Of The Country Towards Children When They Reach

The Age Of 18 And Leave Their Foster Care Homes In Malaysian And Swedish

Legislations. ........................................................................................................ 13

ii

2.1 Malaysian Legislations That Govern Foster Care Home Children. ............ 14

2.1.1 Childcare Centre Act 1984 (The CCCA). ............................................. 14

2.1.2 Care Centre Act 1993 (The CCA). ....................................................... 15

2.1.3 Child Act 2001 (The CA). ..................................................................... 16

2.2 Sweden as the State To Be Compared To. ............................................... 21

2.3 Overview of Swedish Foster Cares And Its Relevant Legislations. ........... 23

2.3.1 Social Services Act 1980 (SSA). ......................................................... 24

2.3.2 Care for Young Persons Act 1980 (CYPA). ......................................... 28

2.4 Conclusion. ................................................................................................ 30

2.4.1 Language Precision. ............................................................................ 30

2.4.2 Connotations. ...................................................................................... 31

Chapter III: Confidence And Preparation. How Confident And Prepared Are

These Children For The Outside World? ............................................................ 33

3.1 Factors Indicating the Need for Legislation. ............................................... 34

3.1.1 The Children’s Background. ................................................................ 34

3.1.2 Confidence level. ................................................................................. 36

3.1.3 Desire to Excel. ................................................................................... 37

3.1.4 The Need For Help And Training For The Children When They Intend

To Leave. ..................................................................................................... 39

3.1.5 The Need To Protect The Rights Of Social Welfare Officers. .............. 40

iii

3.1.6 Mixed Public Opinion On Whether Such A Law Should Exist. ............. 41

4.1 Gaps in Malaysian Legislations. ................................................................ 45

4.1.1 Malaysian Legislations Do Not Provide For Laws To Govern When

Leaving The Home Is Not The Best Option When They Reach 18. ............. 45

4.1.2 Malaysian Legislations Do Not Provide For Rights Of Welfare Officers

Towards The Children When They Leave The Home. ................................. 49

4.1.3 Malaysian Legislations Do Not Invite Societal Involvement In Helping

Social Welfare Integrate The Children Into Society. ..................................... 51

4.2 Closing Remarks. ...................................................................................... 52

Chapter V: Conclusion. ....................................................................................... 54

5.1 Suggested Ways Of Improvements. .......................................................... 55

5.1.1 Obligation And Right For The State Through Their Social Welfare

Officers To Take Care Of The Children After The Children Reach 18, Without

A Court Of Order. ......................................................................................... 55

5.1.2 Provide Specific Forms of Assistances Following the Child’s Needs. . 55

5.1.3 Provide For Consequences If The Children Were To Not Want To

Accept The Assistance. ................................................................................ 56

5.2 Barriers. ..................................................................................................... 56

5.2.1 People Would Abuse The Provision For Profit. ................................... 56

5.2.2 Rights Of Parents And Social Welfare Officers Have To Be Weighed. 57

5.2.3 Increased Taxes For The New Regime Of Social Welfare. ................. 57

iv

5.3 The Need for Legislations Instead Of Normal Policies. .............................. 58

Bibliography. ....................................................................................................... 62

Appendix ............................................................................................................. 72

v

Abstract.

Foster Care Home Children live in their homes up till the age of 18. At the age of

18, these children are released into society, in hopes of integration. However, 18

is such a vulnerable age. As much as welfare homes assist them, it comes into

question as to whether such protection is codified in our sacred legislations. This

paper is to examine the various legislations present in Malaysia to assist these

children after they leave their homes. These will be reflected against Swedish

laws: A country known to fully protect children. These will be further analysed to

see on current gaps Malaysian legislations have failed to cover.

vi

Acknowledgement.

I would like to thank my supervisor, Miss Sik Chen Peng who was patient enough

to put up with my busy schedule. I appreciated all her remarks and consideration

as she put up with my busy schedule while I was writing this paper.

And thank you to the children of the Damansara welfare home who constantly

showed me how enthusiastic and excited they were to leave the home and make

a change.

vii

List of Statutes.

1. Care Centres Act 1993 (Act 506).

2. Child Act 2001 (Act 611).

3. Child Care Centre Act 1984 (Act 308).

4. The Care Of Young Persons Act Sfs 1990:52

5. Social Services Act Sfs 2001:453

viii

List of Schedule and Figures.

Chart A ................................................................................................................ 34

Chart B ................................................................................................................ 35

Chart C ............................................................................................................... 40

Chart D ............................................................................................................... 41

1

CHAPTER I: Introduction To The Project Paper.

2

1.0 Introduction.

Louis Pasteur once said, “When I approach a child, he inspires in me two

sentiments: Tenderness for what he is and respect for what he may become”.

As a party to the Convention of Rights of a Child (CRC) since 17th February

1995, Malaysia is obliged to provide foster care to children who are temporarily

or permanently deprived of family environment, special protection and

assistance.1

Foster care homes play a huge role in the concerned children’s upbringing as the

staff, authorities and other children in the home serve as family to these children.

Unfortunately however, they only fall within the definition of children until the age

of 182. The government, and inherently, the social welfare officers are then, no

longer obliged to keep them in foster care homes. It then, comes into question,

what happens to these children after they leave the home?

1.1 Objectives.

This project paper has several objectives. The first is to identify current

legislations that assist and protect children who lived in foster care homes after

they leave upon reaching the age 18. Its secondary objective would be to see

1 Convention on the Rights of the Child, opened for signature 20 November 1989, A/RES/44/25

(entered into force 2 September 1990), art 20 (1), (2).

2 Convention on the Rights of the Child, opened for signature 20 November 1989, A/RES/44/25

(entered into force 2 September 1990), art (1).

3

whether Malaysia’s current legislations can compare to that of Sweden’s. The

third would be to see how necessary such a law is.

1.2 Problem Statement.

Henceforth, the issues pertaining to this project paper are:

i) Whether the current legislations in Malaysia are sufficient to assist and

protect the children after they leave the foster care homes in Malaysia

at the age of 18 in comparison to Sweden’s similar legislations.

ii) Whether there are alternatives to assist these foster care home

children after they leave.

1.3 Scope of Study.

The primary scope of this research revolves around identifying and analysing the

current legislations that seek to assist and protect the foster care home children

who leave the homes at the age of 18 and compare them to Sweden. The author

acknowledges that the children who live in foster care homes may leave before

reaching 18. However, this study is scoped to only after they reach 18.

4

1.4 Methodology.

Several methods are applied in conducting the necessary research for this

project paper, namely the qualitative and quantitative forms of research and a

series of interviews.

1.4.1 Qualitative Research.

Under the qualitative research, research will be conducted by examining and

analysing the legislations governing children who live in social welfare homes.

These laws shall be compared to Sweden’s to see where Malaysia stands

globally.

1.4.2 Quantitative Research.

Apart from the method explained above, the quantitative method of research will

be implemented in this paper. Drafted questionnaires will be distributed to staff

members of chosen foster care homes. The survey aims to see how current

policies are assisting the kids after they reach the age of 18 and leave their foster

care homes.

5

1.4.3 Interviews.

A series of interviews shall be conducted with the staff of the chosen foster care

home. The questions asked will revolve around their experiences in assisting the

children after they reach the age of 18 and leave the home. Interviews will also

be conducted with the head of a chosen foster care home to inquire on possible

alternatives to assist foster care home children after they leave at the age of 18.

6

1.4.4 Limitations.

This project paper’s research is limited to only foster care homes that are free

and willing to participate in this research that are located within proximity of

Universiti Malaya. The interviews and research have centred around three foster

care homes which are the government welfare home, Rumah Penyayang Baktiin

Bandar Sri Damansara, Lighthouse Welfare Home in Bangar and the Siddhartan

Care Centre in Petaling Jaya. This is due to transportation restrictions faced by

the author. These children welfare homes are the nearest the author’s university

and hence is convenient to visit and perform research. This would also save cost

as the author is still a student.

This research paper's scope is limited to able-bodied children who live in the

chosen foster care home. Several special and disabled children live in the foster

care homes as well but the author shall not base her research on these children

because they fall into a different category. Due to time constraints, the author can

only research on general implications of the law to generally able-bodied

children.

This research paper is also limited to those who leave the foster care homes

after they reach 18, not prior.

This paper is also limited to main legislations passed by the parliament, and not

subsidiary legislations made by the executives.

7

1.5 Literature Review.

Children are defined under The United Nations Convention on the Rights of the

Child and the Malaysian Child Act 2001 as a human being under 18 years of

age.3

It is also imperative to define foster care homes because it is the institution

through which the state delivers its welfare and where underprivileged children

spend a majority of their time. There is no formal definition of foster care in

Malaysian legislation. 4 Foster care generally means “the formal and informal

custodial care of children outside their own biological family home when their

parents are unable, unwilling, or prohibited from caring for them.5 In all foster

care cases, the child’s biological or adoptive parents, or other legal guardians,

temporarily surrender legal custody of the child. 6Foster care may be in a form of

daytime or part-time when it is restricted to a few hours a day or for brief

periods.7The children who live here are generally orphans or children who have

been abused, neglected or abandoned by their parents or guardian.8

3 Ibid.

4 Azizah Mohd., and Nadhilah Kadir, “Protection of Children In Malaysia Through Foster Care

Legislations”, (2012) International Journal of Social Sciences and Humanity Studies 63-72, at 64.

5 Id at 63.

6 Franz, J., Gale Encyclopedia of Children's Health: Infancy Through Adolescence, (Woodward:

Thomson Gale, 2006), at 8.

7 Azizah Mohd., and Nadhilah Kadir, op. cit., 67.

8 Id at 64.

8

Multiple researches have been conducted in exploring legislations currently

governing children living in these welfare homes. Assistant Professor Dr. Normi

Abdul Malek of International Islamic University of Malaysia (IIUM) conducted her

study on the laws from the aspect of government intervention in making sure

these children get proper custodial care.9 She opines that a more complete

checklist should be considered by the legislators in ensuring that state does its

part.10 Her study also showed that the laws governing these kids before they are

put into custody are highly dependent on the judge’s individual discretion. This

reflects our laws' unevenness in making sure these children are placed in

custodial homes for proper purposes.11

Associate Professor Dr. AzizahMohd. And Nadhilah A. Khadir, both, from IIUM

as well, have also studied the current laws that govern these children. Their

study was based on whether the laws and policies were sufficient in protecting

foster care home children. The outcome of their studies showed that our current

laws were poor procedurally, especially on the matter of handling these children.

Their studies showed that social welfare departments under the law are often

solely responsible for the management of the welfare of these kids, instead of the

government.12

9 Normi Malek, “Factors Determining Welfare of the Child in Malaysian Civil Law of Custody: An

Analysis of Decided Cases”, (2001) Jurnal Undang-Undang Dan Masyarakat 169-178, 169.

10 Id at 177.

11 Id at 176.

12 4. Supra at 65.

9

With many researches already conducted on the laws governing these children

who live in social welfare homes, it should be noted that none of them have

studied whether the laws would assist them after they leave the homes. Part of

foster care is preparing a child for the future as an adult. Truly, if our country

were to care for all children, the government needs to be realise these children

will not stay children forever. It leaves unanswered questions such as: What will

happen to these children after they leave the home? Does the government then

relinquish all of its responsibilities as they no longer match the definition of

children?

These questions must be answered in order to provide a more holistic protection

and upbringing for the children who live in these welfare homes so that the

country would not only be protecting them but also potential productive citizens.

Children from regular family backgrounds are fortunate enough to have parental

assistance in preparing themselves for tertiary education or employment. Kids

need to be constantly reminded that they have bright future ahead of them and

they should to plan their life in advance.13 It’s their parents or caregiver’s job to

do so. 14 Again, children who live in the welfare homes do not have such

13

Sirin, S., Diemer, M., Jackson, L., and Gonsalves, L., “Future Aspirations of Urban Adolescents:

A Person-In-Context Model”, (2004) International Journal of Qualitative Studies in Education 437-

460, 445.

14Ibid.

10

opportunities and hence, can only rely on the government through the

implementation of the laws.

11

1.6 Synopsis of Content.

Chapter I: Introduction To The Project Paper.

The First Chapter outlines of this Project Paper and contains the objectives, the

identified issues, literature review of relevant scholarly sources and the scope

that sets the tone of the research. The research methods applied are also

elaborated here. For the purpose of clarity, a brief summary of each Chapter

presents an overview of the study.

Chapter II: The Assistance Of The Country Towards Children When They

Reach The Age Of 18 And Leave Their Foster Care Homes In Malaysian And

Swedish Legislations.

This chapter aims to identify the current local legislations that govern the children

who live in these foster care homes. These legislations will be further analysed to

see how these laws directly or indirectly assist the children after they reach the

age of 18 and leave the home.

Local legislations will then be compared Sweden's 'on the same to assess

whether they are up to par. A discrete look through Malaysian and Swedish

legislations shall be made for the purposes of this chapter.

Chapter III: Confidence And Preparation. How Confident And Prepared Are

These Children For The Outside World?

This chapter will study the confidence of chosen foster care home children. This

will be done through one-on-one interviews with them.

12

Interviews will also be conducted with foster care home staff. Questions will

revolve around their feelings about the children’s readiness to leave the home,

administration activities that are done to ensure that these children are released

well. Questions shall also be asked on the barriers they face when releasing

these children.

This study is necessary to show whether laws governing their preparation is

needed in Malaysia.

Chapter IV: Analysis Of The Findings And Current Malaysian Legislations.

This chapter seeks to find the inadequacies of Malaysian legislations in assisting

these children after they reach 18. This chapter will also consider the Swedish

approach in filling in the gaps if any, of current Malaysian legislations.

Chapter V: Conclusion.

The final chapter of this project paper provides the analytical conclusion to this

Paper. Ways to improve the current legislations will be discussed. This chapter

will suggest benefits and difficulties Malaysian society would face if our laws

resembled that of Sweden’s on this issue.

13

Chapter II: The Assistance Of The Country Towards Children When They

Reach The Age Of 18 And Leave Their Foster Care Homes In Malaysian And

Swedish Legislations.

14

2.1 Malaysian Legislations That Govern Foster Care Home Children.

In Malaysia, three legislations govern the welfare of foster care children (herein

after will be known as “the children”).15They are the Child Care Centre Act 1984

(CCCA), Care Centres Act 1993 (CCA), and Child Act 2001(CA).These three

legislations will be analysed on the aspect of its provisions governing the

assistance of foster care home children when they reach the age of 18 and leave

the foster care home.

2.1.1 Childcare Centre Act 1984 (The CCCA).

In 1982, a study, jointly conducted by the Ministry of Social Welfare and The

United Nation Children's Fund (UNICEF) indicated the need to enhance the

quality of childcare among its providers especially in the areas of food,

environment, mental development and training for child minders. As a result, the

Childcare Centre Act 1984 was passed.16The CCA ensures a minimal standard

of care is provided at the centres, to institute greater enforcement measures and

enhance its quality.17 The act provides for the registration, control and inspection

of childcare centres and for purposes related to it.18

15

4. Supra at 64.

16 StudyMalaysia, “Childhood Care & Education (ECCE) In Malaysia At A Glace (Newborns To 6-

Year-Olds)” 14 April 2009, 12 February 2014 <

http://studymalaysia.com/education/art_ecce.php>.

17 4. Supra at 66.

18 Ibid; N.S., “Basic Rules That Daycare Centres Have To Follow Under The Child Care Centre

Act 1984” The Star Online 28 September 2011, 12 February 2014

15

A “childcare centre” has been defined under the CCCA as any place that

receives four or more children under the age of four years from more than one

family to be looked after by paying a fee. 19 Thus, from the definition itself we can

see that this act would not assist the children when they reach the age of 18 at all

as the legislation only govern foster care homes (hereinafter will be known as

“the home”) that take care of children who are four years old or younger.

2.1.2 Care Centre Act 1993 (The CCA).

The CCA intends to provide for the registration and enforcement of inspection

care centres and for matters connected therewith to determine the welfare of the

occupant.20 Care Centre means residential care centres and day-care centres.21

In general, staff in the institutions work on a twenty-four hour basis through

rotating shifts. Some of these institutions may also provide family foster care

services where the children will be placed with foster parents to be brought up in

a family environment.22

<http://www.thestar.com.my/story.aspx/?file=%2f2011%2f9%2f28%2fcentral%2f9426551&sec=ce

ntral>.

19 Child Care Centre Act 1984 (Act 308), s2.

20Malaysia, Dept. of Social Welfare, Care Centre Introduction, N.S., 12 February 2014,

<http://www.jkm.gov.my/content.php?pagename=pusat_penjagaan_pengenalan&lang=en>.

21 Child Care Centre Act 1984 (Act 308), s2.

22 4. Supra at 66.

16

The whole legislation is procedural based. It governs the procedures of running a

care centre, yet it is silent on the assistance to children after they leave the

home.

2.1.3 Child Act 2001 (The CA).

The CA ensures that the children will be provided with necessary care, especially

to those deprived of a family environment. For example, the CA provides that

when a child has no parent or guardian or has been abandoned, he can placed in

the care, custody and control of a suitable foster parent appointed by the Director

General for a period of two years or until he attains the age of 18 years.23

The question then arises, whether the CA alone addresses the issue of

Malaysian legislations assisting the children when they reach 18 and leave the

home?

2.1.3.1 CA Is Silent On Legal Obligation And Rights Of Welfare Home

Officers In Releasing The Children To Society, Without A Court Order.

Children may end up in foster care homes without a court order via consent of

their own biological or non-biological parent. The original parents would

customarily leave their children at the home till they are 18 (age of majority).

Though this study is regarding the legal obligation of welfare home officers in

releasing the children to society, it should be noted that the whole CA is silent on

23

4. Supra at 66; Child Act 2001 (Act 611) s30 (1) (e).

17

the legal obligation and rights of welfare home officers after they have released

the children from the home when they are 18 or prior to that.

It becomes important for it to be a legal obligation and right for welfare officers to

ensure that the children upon attaining the age of 18 are properly taken care of

without a court order. This is because the subsequent events that occur after the

children are released may potentially harm themselves.

An example was given by Ms.Sumi of the Lighthouse Children Welfare Home

Association (LCWHA) who stated that the children's return to their original

parents after they reach 18 may not be beneficial. Some parents may continue to

abuse their children upon return. Some families just wait for the children to reach

18 and use them as unpaid labour for financially gain.

Mrs. Steven from LCWHA also stated that because the CA is silent on the rights

and obligations of welfare officers to ensure the children's wellbeing after they

leave the foster care home when they reach 18, they ultimately have no say in

how or where the children should live. Both Mrs. Steven and Miss Sumi feel

disheartened that they do not possess this right as they feel that all those years

the children had spent in the home healing the scars of their past abuses had

gone to waste and they cannot ensure they remain well.

18

Thus, the silence of the CA on this matter negatively impacts the crux of social

welfare.

2.1.3.2 CA Provides That The Legal Obligation To Take Care Of The

Children Ends After The Children Reach 18, In Court Orders And Hence,

Insufficient.

Several provisions in the act have provided for the issue when it comes to court

orders and stays. Section 13 for example, states that any period specified in any

order made by the Court For Children under the Act shall not extend beyond the

date on which the foster care child (hereinafter will be known as the “child”)

reaches the age of 18. This means that any court order that actually allows the

child to live in the foster care home would end upon reaching 18. The provision

remains silent on how the child is to be handled after that. Therefore, though the

CA does provide for a legal obligation for social welfare home officers to take

care of them till the age of 18, the provision still fails to provide any assistance to

the children beyond that.

2.1.3.3 CA Provides For Extension Of Stay When There Is A Court Order To

Do So.

The only other provision that touches on the matter is Section 14. According to

this provision, the Court for Children may order for an extension of stay for the

child under the supervision of a Social Welfare Officer, if the circumstances

19

warrant it.24 This provision is important as it gives the children the opportunity of

extending stay which allows for better preparation before their release to society.

Unfortunately, for this provision to even assist the children, a court order must be

issued, which demands a great deal of time, effort and funds. Social welfare

officers cannot be expected to apply to court for that extension of stay every time

they feel the need to. Section 14 CA doesn’t state that it is an obligation for the

officer to bring it to court and plead for a child's extension of stay if they deem it

necessary.

Therefore, though Section 14CA provides for a means for the child to stay at the

home even longer if he or she requires it, it is not a legally binding obligation on

the social workers or society.

2.1.3.4 Section 14 CA only Applicable For Problematic Children So it would

still not assist.

The words used in section 14 CA include detention, supervision, and probation.

Hence, we can see that section 14, even if it were to be applicable to the child

after they reach 18 is only for disciplinary purposes. Section 14 only applies to

problematic children and is thus inapplicable to normal foster care home children.

24

Child Act 2001 (Act 611) s14 (1) (b).

20

2.1.3.5 No Case Law To Shed Light.

There are also unfortunately no case laws to shed light as to what circumstances

the court would allow the extension of the stay. Hence, the legislation is stale as

no court has yet to interpret what these “circumstances” are.

2.1.3.6 Malaysian Legislations: A negative perception on Foster Care Home

Children?

Without looking at policies available in Malaysia to assist these children, we can

see that the governing legislations in Malaysia on the issue are very much

limited. Two of the three legislations remain completely silent on the children’s

future after they leave the foster care homes. The only act that does touch on the

issue, the CA, requires a court order for continuing stay. However, even then, it

seems to be only for disciplinary purposes. This is because Section 14 also

provides for extended care for detention centres such as the Henry Gurney

School.25 This is further proven by the fact that every other provision that refers

to children above 18 in the CA are either for the purpose of extending their

punishment in detention schools or extending of disciplinary court order. 26

Malaysia doesn’t seem to put importance on any other aspects of the children.

25

Child Act 2001 (Act 611) s14 (1) (b).

26 Child Act 2001 (Act 611) s40 (4), s42 (8), s45 (1), s51 (b); s69, s77 (1) (a), s83(2); s83(3),

s83(4), s131(3); s131(4); s76.

21

How can we expect society to look at them positively when the legislations that

govern the children paint them a negative light? It should be noted that more than

half the kids living in the homes are sourced negative backgrounds.

Furthermore, our own legislations only provide for provisions that continue their

detention for acts that were probably linked to their negative upbringing.

Social welfare is a whole society’s responsibility and goes beyond merely

providing for them. This means society should have the legal obligation of

accepting the children as one of its own. It should be laws enacted to ensure the

children themselves also strive to achieve what they want, not simply rely on

free-assistance from external parties.

2.2 Sweden as the State To Be Compared To.

As can be seen, the three Malaysian legislations that provide for assistance for

these children after they reach 18 are insufficient. A comparison is necessary to

be able to assess our current position as a welfare state globally.

The author has chosen Sweden as a state to be compared with for many

reasons. Sweden has been declared one of the top countries for children to live

in.27United Nations has even stated that children’s well-being are one of the best

27

Nylander, J., “Children In Sweden Have Best Lives” 4 May 2010, The Swedish Wire, 12

February 2014 < http://www.swedishwire.com/politics/4304-children-in-sweden-have-best-lives>.

22

in Sweden.28 Being one of the only countries to have almost eliminated child

poverty,29 and one of the first countries to have ratified the Convention on the

Rights of Children (CRC),30 Sweden has been actively committed to providing

children with necessary care and support especially in well-resourced

government policies and programmes.31 The Swedish parliament has adopted a

national strategy for the implementation of the Convention where the country’s

approach is to foster respect for the principles found in the CRC. Sweden has

provided essential services, protection and opportunities for children from all

social classes,32 and thus should be the state to emulate when setting goals on

legislations that protect the children’s rights.

Let us also not forget the recent Malaysian news where a Malaysian couple were

arrested by the Swedish authorities for allegedly hitting their child’s hand for not

praying. Such an act is common in Malaysia and yet is an offence under Swedish

laws as it falls under the criminal offence of “Assault” and was considered a

28

Ibid.

29 UN Centre, An Overview of Child Well-Being in Rich Countries, (Florence: UNICEF, 2007).

30 CRC was concluded in 1989. Sweden ratified the treaty in 29 June 1990.

31 UNICEF, The State of The World's Children, (New York: UNICEF,2009), 72.

32 Ibid.

23

corporal punishment, deemed to be illegal since 1979. Such an offence could

mean that the parents would meet six years of imprisonment.33

Legislations reflect the society’s perception. It is therefore pertinent to compare to

Sweden which places such importance on their protection of children; particularly

those from foster care homes.

2.3 Overview of Swedish Foster Cares And Its Relevant Legislations.

In Sweden, the age of majority is 20.34 Foster care is by law and long tradition

preferred to residential treatment. Sweden got its first child welfare legislation in

1902 and was aimed to save young people from assumed future criminality.35

Foster care homes have been implemented in Sweden since the 18th century.

Legislation for protection of children in non-parental care is strict. Unregulated

private foster care is illegal, even in a wide sense.36 At the turn of the century and

33

Channel News Asia, “Malaysian Parents Charged with Beating Child in Sweden” Asia New

Channel. 11 February 2014, 12 February 2014

<http://www.channelnewsasia.com/news/asiapacific/malaysian-parents-charged/991658.html>.

34 Woelki, K. B., Braat, B., and Summer, I. C., European Family Law in Action Parental

Responsibilities (Oxford: OUP, 2005), 63.

35 Vinnerljung, S. H., Child Welfare in Sweden: An Overview (Diss). Stockholm : Stockholm

University, 2009, 14.

36 Id at 15.

24

for decades after, the state's gravest concern was handling all the abandoned

and out-of-wedlock-born children that followed in the wake of industrialization.37

Today, the relevant legislations governing foster care home children in Sweden

are the Social Services Act 1980 (SSA) and the Care of Young Persons Act 1980

(CYPA).38 The SSA is a "frame law', regulating several areas of social support

and interventions.39 The act also had far-reaching compensatory ambitions, of

stretching traditional goals of shared welfare and political participation to include

also poor and troubled citizens.40 The latter regulates taking children and youth

into care without consent from the parents or from children themselves, when

aged 15 or more.41

2.3.1 Social Services Act 1980 (SSA).

The Social Services Act states the conditions for assistance that social services

can provide to residents of the municipality.42 All services provided under the

37

Id at16.

38 Sweden, Govt. Offices, Individual and Family Care in Sweden, 14 March 2012, 12 February

2014 < http://www.government.se/sb/d/15473/a/183503>.

39 Vinnerljung, S. H., op. cit,. at 6.

40 Id at 17.

41 Id at 6.

42 Sweden, Govt. Offices, Social services in Sweden, 2 March 2012, 12 February 2014, <

http://www.government.se/sb/d/15568>.

25

SSA are based on free choice and anatomy.43 The SSA applies to all forms of

social services and does not have an age limit. It even provides for specific

provisions for foster care home children. The welfare for every district is

governed by the social welfare committee of every municipal.44

The author believes that The SSA contains clearer provisions in assisting

children prepare for their eventual release.

2.3.1.1 Objective Of The SSA Show A Form Of Assistance Towards The

Children After They Leave The Home.

Generally, the assistance for the children can be seen in the act’s objectives in

Section 1, Chapter 1. The objective is to provide for economic and social

security, equality of living conditions and active participation community life.45

However, in Section 2, Chapter 4, the welfare committee may furnish assistance

beyond what is provided in Section 1 if there is a cause for so doing.46 This

means that the social welfare committee can provide assistance to the children

when they leave their home after reaching 18.

43

Socialstyrelsen, “The Social Services Act- What Are Your Rights After 1 January 2002?” 1

January 2002, Haning Municipal, 12 February 2014 <

http://www.haninge.se/upload/19973/socialtj%C3%A4nstlagen%20engelska.pdf>.

44 Social Services Act Sfs 2001 (Act 453) s2, s4, Chp2.

45 Social Services Act Sfs 2001 (Act 453) s1 Chp 4.

46 Social Services Act Sfs 2001 (Act 453) s2 SSA Chp 4.

26

2.3.1.2 Duties Of Social Service Providers Also Consist Of Assisting The

Children When They Leave The Welfare Home.

Section 6, chapter 3 provide that the social welfare committee should, by means

of home-help services, daytime activities or other social services of such nature

assist the individual to live independently and interact with others. 47 This

provision clearly provides that part of the duties would include preparation for the

outside world.

2.3.1.3 SSA Provides For Specific Forms Of Assistance When It Comes To

Assisting The Children After They Leave The Home.

The SSA provides this specific form of assistance for those who are above 18 but

still not skilled enough to support him or herself in society. Section 4, chapter 4

SSA provides that the social welfare committee may require a person (under 25

years old) to receive livelihood support while taking part in work experience or

other skill-enhancing activity to which he or she is referred by the committee. The

provision specifically provides what those activities include. These include

training programmes for which special financial arrangements are available to

needy young adults. The same provision also states that the purpose of work

experience or skill-enhancing activity will be developing the individual’s self-

supporting capabilities. This demonstrates the detail and specificity of the state’s

obligation.

47

Social Services Act Sfs 2001 (Act 453) s6 Chp3.

27

"Give a man a fish and you feed him for a day; teach a man to fish and you

feed him for a lifetime”. The provision continues to provide as long as the children

work to retain that form of assistance. Sec 5, chapter4 provides that if the

individual refuses to attend the training activities, no financial aid will be given to

him or her. Inherently, this forces the children to work for what they want.

The author finds this provision interesting as it obligates not only society to assist

the children but also the children themselves to work hard to achieve their goals.

This is important as it does not make the society feel as if they are merely “giving

the fishermen fish”. Sec 5, chapter 4 certainly reflects that social welfare is

indeed a societal goal: One that involves both the helper and the helpee to

working together.

2.3.1.4 The Children’s Status under The Assistance Is Still Under Social

Welfare.

Another relevant provision is Section 6 Chapter 4 SSA. It states that the children

who will be going through these training activities will not be known as

employees. There are no known commentaries that the author can refer to, as to

why the provision was worded as such.

However, the author believes that it would be beneficial that the children possess

young adult status rather than legal employee. If they were to attain the status of

legal employees while they are going through their training regime, they would be

subjected to the rights of an employee which are more restrictive as opposed to

28

that of a person who in need of social assistance. It could also be a positive

strategy to help the children by removing conventional employee liabilities. Since

the working experience under this provision is only for experience purposes,

heavy employee liabilities should not be entailed upon the children as they are

still struggling to be integrated into society.

On the other hand, this could potentially be harmful because this means that the

children do not possess employee rights as well. However the author believes

that this is not a problem as the training program does not require the children to

perform tasks usually performed by people of similar employment status. This

can be seen from the wordings in the section which states that if the individual

were to perform tasks that are “similar in nature to those usually performed in

gainful employment, he shall, however, be equated with an employee”.48 The

choice of words in this provision shows that the law respects them as untrained

children, merely working for their own welfare. It is a necessary form of

assistance and definitely a good approach in preparing the children for societal

integration.

2.3.2 Care for Young Persons Act 1980 (CYPA).

The Social Services Act is supplemented by the Care of Young Persons Act,

which regulates compulsory care. Section 2 CYPA enables care placement for

children due to “physical or mental abuse, improper exploitation, lack in care or

48

Social Services Act Sfs 2001 (Act 453) s6 Chp4.

29

any other condition in the home”. This includes foster care homes.49 The county

administration board decides on compulsory care – after an application from the

municipal child welfare committee.50

The Act also provides for specific provisions that assist the children once they

leave the home.

2.3.2.1 Care Provided After Children Attains The Age Of 18.

Section 1 CYPA provides that care pursuant to the section may also be given to

a person who is aged between 18 and 20, if, in view of the young person’s needs

and general personal circumstances, it is more appropriate than any other care.

This is further specified in Sec 22 CYPA. It states that as a result of conduct in

Section 3 (addictive substances, criminal activity or some other socially

degrading behaviour),51 a young person under 20 will need care under this Act

and consent cannot be obtained from the individual (being 15 and above), the

social welfare committee may provide for two orders. First, is for the young

person to keep in regular contact with an appointed contact person. Secondly, is

for the young person to take part in non-institutional treatment with the social

services.52

49

35. Supra at16.

50 Levin, C., Special Supervisory Homes in Sweden (Rep.) Lunds University, 2006,4.

51 The Care Of Young Persons Act Sfs 1990 (Act 52) s3.

52 The Care Of Young Persons Act Sfs 1990 (Act 52) s22.

30

Thus, we can see that the provision specifically provides for the protection of

young Swedes even after they have attained the age of majority. This, when read

together with the provisions of the SSA show that it is a legal obligation in

Sweden to prepare the children for when they leave.

2.4 Conclusion.

Two major aspects can be noted when we compare both countries’ legislations

on the issue of assisting the children after they leave the home.

2.4.1 Language Precision.

The language found in Malaysia’s legislations is ambiguous.53

The “circumstances” under Section 14 CA is still unknown. The court has also yet

to interpret whether such an obligation (if any) does include the obligation to

assist the children when they reach 18 since there has never been a ruling on

this interpretation before. Even if a court order were to declare it a legal

obligation to assist the children when they reach 18, it would remain a judicial

decision and is subjected to change through any other judicial precedent. It

would not be codified, and thus ineffective.

53

Child Act 2001 (Act 611) s14(1).

31

Both Swedish legislations use language that was all-encompassing and specific.

It not only is unequivocal that it is the government’s as well as the society’s

obligation to assist these children54 but precise as to what form of assistance will

be given and when it will not be given.55 Both acts also provide for the exact age

by which the forms of assistance will be operated at.56 Laws and obligations

should be clearly laid down as is seen in the Swedish legislations.

2.4.2 Connotations.

The CA displays negative connotation from its extensive illustration of

circumstances where 18 year olds may extend their stay in detention centres.

Only one subsection touches on the extension of stay. The absence of any other

section that touches on the assistance for them after they reach 18 connotes

helplessness. Children cannot seek help from legislations to receive assistance

when they reach 18. 57 Private helpers cannot insist on assistance from any

organization as it is not a legal obligation under the CA.

54

Social Services Act Sfs 2001 (Act 453) s1 Chp1, s2 Chp4, s6 Chp 4, s3 Chp6.

55 Social Services Act Sfs 2001 (Act 453) s4 Chp 4, s5 Chp 4.

56 The Care Of Young Persons Act Sfs 1990 (Act 52) s5 Chp 4, s6 Chp3, s1 Introductory

Provisions.

57 Unless there is a court order following Child Act 2001 (Act 611). s14 (1).

32

Sweden’s SSA and CYPA however connote continuing assistance. This can be

seen from the extensive forms of assistance the government offers. 58 It connotes

security to which the children most definitely need as the state is ready to offer

any service as long as the children are willing to do their part. Legislations that

govern social welfare should connote such a comfort as it is intended to shield

those in need of any harm and not connote that the children themselves a form of

harm. This is definitely seen when we compare the Sweden’s legislations to

Malaysia’s. Therefore, such provisions in Malaysia should be given light to in

order to improve the connotations it gives to society.

58

The Care Of Young Persons Act Sfs 1990 (Act 52) s22; Social Services Act Sfs 2001 (Act 453)

s4 Chp4.

33

Chapter III: Confidence And Preparation. How Confident And Prepared Are

These Children For The Outside World?

34

3.1 Factors Indicating the Need for Legislation.

To find out whether Malaysia even needs such legislation in the first place, the

author has conducted a study on three homes located near University Malaya, on

potential factors that demonstrate the immediate need for legislation to assist and

ensure that the children are well when they leave the home.

3.1.1 The Children’s Background.

The children mostly come from negative backgrounds, placed there either by a

court order or voluntarily by their parents.

Chart A

In Chart A, we can see 96% of these children have sourced from negative

backgrounds based on the 106 children whom study was conducted on.

96%

4%

Background Of Children Who Live In Foster Care Homes

Come From NegativeBackground

Are Placed There Due ToFinancial Reasons

35

The many types of negative backgrounds include having sexually abusive

parents, criminal parents, and many more. A number of negative backgrounds

can be seen in the chart below.

Chart B

A high number of children who live in the home are sourced from sexually

abused parents and followed by abandonment by their parent for reasons

unknown.

0

5

10

15

20

25

30

35

40

Types of Negative Backgrounds

Criminal Parents

Separated Parents

Unknown abandonment

Teenage Parents

Sexually abused

36

3.1.2 Confidence level.

Because of their negative backgrounds, their confidence level is lower than that

of normal children.59 This can be seen from multiple aspects.

Miss Sumi, an employee of the Lighthouse Children Welfare Home Association

(LCWHA) stated that because some of the children have been sexually abused,

they feel traumatised when they meet anyone who resembles their abuser.60

Because of this, these kids struggle interacting with people.61

Mr. Manimaran, owner of Siddhartan Care Centre (SCC) had stated that their

confidence is also affected by their poor upbringing.62 They were never brought

up believing that they could succeed.63 They grew up around gangsters and

believed that their future was as bleak as those they surrounded themselves

with.64

59

Nikki Luke, S. C., Fostering Self Esteem: Exploring Adult Recollections on the Influence of

Foster Parents, (England: Department of Psychology University of Sussex, 2000).

60 Interview with Miss Sumi, personal interview, Head Caretaker at Lighthouse Children Welfare

Home Association on 17 February 2014.

61 Ibid.

62 Interview with Mr. S.K. Manimaran, personal interview, Founder and President Siddhartan Care

Centre on 14 February 2014.

63 Ibid.

64 Ibid.

37

An employee from a welfare home in Damansara, who chose to remain

unidentified, also stated that their confidence is also affected by the fact that

society knows that they are not from normal homes.65 “They go to school in the

welfare home van and people look at them differently” she says. They are

sometimes labelled as “Anak Yatim” and stereotyped. 66 Hence a lack of

confidence when it comes to fitting in.67

We can see that the people in charge of welfare homes unanimously agree that

the children’s confidence is very much lower compared to regular children due to

their negative backgrounds.

3.1.3 Desire to Excel.

Laws to assist the children upon leaving the home once they reach 18, become

more necessary when the children themselves display desire to excel.

Christopher, who lives in the LCWHA, aged 17, scored 9As in his trials and is

now taking his A-levels in HELP University. He was sourced from a broken family

and came to the home, with emotional and mental trauma. After being looked

after, he studied hard and is now awaiting his SPM results. He wants to get

better and become someone successful in life. He is the oldest in the home

65 Interview with anonymous, personal interview, Head of Welfare Home located in Damansara

on 27 February 2014.

66 Ibid.

67 Ibid.

38

currently and is looked up to by younger children in the home. It should be noted

that the only reason Christopher could do so is because the owners of the

welfare home took initiative to collect donations for his tuition fees.68

Amreeta, aged 18 who still lives in SCC, is now attending a teachers training

course. She aspires to be a kindergarten teacher and the welfare home found an

NGO sponsor her training.69

Mr. Manimaran fully believes that the children possess the capability to achieve

their dreams with the proper assistance. Currently, the SCC depends solely on

public donations to allow the children to pursue what they want.70 This includes

sending the children to football training as well as having volunteers teach

them.71

At the same time, Raihan, a volunteer at the same welfare home in Damansara

says “currently, they are pretty relaxed knowing that they would be protected until

they are 18 and have no future outlook beyond that.72 If they knew there is a law

that could assist them, they would look towards the future and plan ahead.”73

68

60. Supra.

69 62. Supra.

70 Ibid.

71 Ibid.

72 Interview with Raihan Rosli, personal interview, Student Volunteer at the Damansara Welfare

Home on 12 February 2014.

39

Having a law on this, would therefore, not only assist the current desire of the

children who wish to excel but would also develop that drive in the other children.

3.1.4 The Need For Help And Training For The Children When They Intend

To Leave.

When the author asked the welfare home officers and volunteers in the LCWHA,

SCC, and the welfare home in Damansara, what types of assistance would be

required for the children, the answers vary. Every child has their own ambitions

but nonetheless, anonymous from the Damansara welfare home showed great

concern when she said that most of them end up as clerks, waiters, or

salesman.74

Miss Sumi from LCWHA believes that there should be a standardized form of

assistance to help welfare children with basic skills.75 Examples that she gave

include grooming or etiquette classes which she feels the children lack as there

are not enough staff to continuously teach them these skills.76 After interviewing

seven staff members on what type of assistance would seem more favourable to

the children, most of them said practical skills as can be seen, in the graph

below.

73

Ibid.

74 65. Supra.

75 60. Supra.

76 Ibid.

40

Chart C

Mr. Manimaran who takes care of more boys believes that the skill courses

should also be provided. “Most of the children are not academically inclined and

they find practical skills more natural,” he says.77

3.1.5 The Need To Protect The Rights Of Social Welfare Officers.

Miss Sumi and Mrs. Steven from LCWHA showed concern over their rights in the

Malaysian legislations as welfare officers.

“It is truly unfair that we have no right or say on what these children can do after

they leave the home,” says Miss Sumi from LCWHA.78 “It is sad because we

77

62. Supra.

78 60. Supra.

0

1

2

3

4

5

6

Types Of Assistance Preferred

Skills Work

Academic Programmes

41

nurtured and educated them, and yet, we have no right to continue to do so after

they reach 18.”79

She continues on to say that many of the children remain childish and naïve at

the age of 18.80 One girl was reported by Miss Sumi to scream on about how

much she did not want to return to the family but in the end, the welfare officers

had no say.81

3.1.6 Mixed Public Opinion On Whether Such A Law Should Exist.

The staffs were divided as to whether such a law is necessary.

Chart D

79

Ibid.

80 Ibid.

81 Ibid.

0

1

2

3

4

5

6

Do You Agree That There Should Be Law That Creates An Obligaton Or Right For WelfareOfficers To Assit The Children When They Leave The Home Upon Attaining The Age of 18?

Yes

No

42

One of the welfare officers who agreed to such a law was Mr. Manimaran. He

agrees that if there is proper legislation to assist the children after they reach 18

and leave home, it would be easier for him to help the children as more policies

would be made based on such a provision found in the legislation and he would

not have to spend time and energy begging for donations. 82 Policies made under

a provision that stipulates that every welfare home is to assist the children after

leave the home, would make companies obliged to assist the children

specifically.83 The current Corporate Social Responsibility is still too broad and

thus, need specific policies based on provisions to assist the children.

Miss Sumi, on the other hand does not wish for such legislation.84 She says that

such a law would become an opening for opportunists to charge welfare officers

to take part in training courses as a way of obliging their laws.85 She says that

she prefers welfare officers to have the liberty to do as they please it comes to

assisting the child.86

Other reasons why some social welfare officers feel that such legislation is not

needed is because it is not necessary for the helping of the children. “Many

82

62. Supra.

83 Ibid.

84 60. Supra.

85 Ibid.

86 Ibid.

43

NGOS are already assisting the children. We do not need a law”, says Mrs.

Steven.87

87

Interview with Mrs. Steven, personal interview, Founder and President of the Lighthouse

Children Welfare Home Association on 17 February 2014.

44

Chapter IV: Analysis Of The Findings And Current Malaysian Legislations.

45

4.1 Gaps in Malaysian Legislations.

Now that the authors has identified the relevant legislations and problems with

regard to the issue of the children they leaving the home, the author will revisit

Malaysian legislations to analyse what it lacks and compare them with Swedish

legislations.

4.1.1 Malaysian Legislations Do Not Provide For Laws To Govern When

Leaving The Home Is Not The Best Option When They Reach 18.

While Malaysian legislations, 88 provide for legal obligations of social welfare

officers to take care of the children until they are 18 through court orders and

stays, nothing provides for their obligations that continue after. This is important

to address as many of the children who live in the home are not even ready to

leave the home. This is due to many reasons.

4.1.1.1 Mental Trauma And State.

One of the main reasons the children cannot leave home when they are 18 is

because of their trauma. Many of the children end up in the home due to abusive

parents or abandonment. “There is a mental barrier in them” says Miss Sumi.89

Due to their trauma, they are slower at or sometimes unable to perform basic

tasks. “Simple mathematics cannot even be performed by most of the children

here and they are already 13 years old, what more talking to adults or doing high

88

Child Act 2001 (Act 611) s14(1) (a).

89 60. Supra.

46

levelled jobs,” as was pointed out by Raihan, a volunteer at the anonymous

home.90 Miss Sumi also pointed out that some of the children who were sexually

abused; have a difficult time looking at men.91 “Any person resembling the father

would make the girl cry and scream,” she says.

“They need to go through some form of training first”, said anonymous. Mr.

Manimaran also showed his concern and fear that if the children were to not be

given any proper training before they go to the outside world, would join the

people of bad ranks.92 “I know kids who used to memorise gangster numbers due

to the mental state they grew up in, and write them down,” he says.

The only evidence of this assistance found in the CA is again, only with the

presence of a court order,93 and for judges to be judicially active in interpreting

what the circumstances are.94 These actions would be arduous for any welfare

officer to handle.

This is not so in Swedish Legislations. Section 6, chapter 3 provides that the

social welfare committee should, by means of home-help services, daytime

activities or other social services of such nature assist the individual to live

90

72. Supra.

91 60. Supra.

92 62. Supra.

93 Child Act 2001 (Act 611) s14 (1) (b).

94 Child Act 2001 (Act 611) s14.

47

independently and interact with others.95 This clearly provides for the obligation

of social welfare officers to ensure that the children are ready to face society.

This would definitely take into account any trauma the children may possess to

which the welfare officers are obliged to correct before their release. The CYPA

also provides for an obligation to make sure that young persons who are involved

in socially degrading activities are given care and that the children are monitored

or given treatment for. 96

Malaysian legislations have failed to provide for a clause to assist traumatised

children integrate with society when they reach adulthood.

4.1.1.2 Irresponsible Parents.

Malaysian legislations have also failed to provide protection to the children, after

they are released to their original parents. This is an important issue to address,

as many of the original parents are irresponsible. They would even take

advantage of the children whom they failed to care for.

Welfare officers were unable to do anything, as no law would allow them to do

so. For instance, in LCWHA, when this was reported to the government’s

95

Social Services Act Sfs 2001 (Act 453) s6 Chp3.

96 The Care Of Young Persons Act Sfs 1990 (Act 52) s22.

48

department of social welfare, they refused to do anything as they claimed that the

father is well and hence, given the right to care for his own daughter.97

“Some of these parents are very dangerous,” says Mrs. Steven.98 “One actually

poured oil on the mother and daughter and tried to burn them alive.” Another

mother was remarrying many foreigners and took her daughter to live with them

abroad.99 One of the reasons the children go back to their original parents is

because they still need money as they are not yet self-sufficient and at the same

time, they do not want to feel restricted living in the home according to Mr.

Manimaran.

In Sweden, the objective of the SSA is to prevent social welfare officers from

returning the children back to irresponsible parents, as it provides for the

economic and social security of anyone under its social welfare.100 This is also

furnished with Section 4, chapter 4 SSA which provides that the social welfare

committee may require a person (under 25 years old) to receive livelihood

support to take part in work experience or other skill-enhancing activity to which

he is referred. This is beneficial as they would then not need to depend on their

original parents for money and hence, would not need to return to their parents.

97

60. Supra.

98 87. Supra.

99 Ibid.

100 Social Services Act Sfs 2001 (Act 453) s1 Chp1.

49

This is clear proof that there should be a law in Malaysia to make sure that these

children do not return to their irresponsible parents. There should be a provision

that governs this, giving a codified and heavier obligation (currently, they only

exist in policies), and inherently, the right, for social welfare officers to prevent

this.

4.1.2 Malaysian Legislations Do Not Provide For Rights Of Welfare Officers

Towards The Children When They Leave The Home.

The rights of welfare officers should be given cognizance of when it comes to the

assistance of the children leaving the home. Apart from the fact that they have

grown emotionally attached to the children and were the ones who have taken

care of the children in the first place, social welfare officers would know best what

the children’s needs are.

It should be bore in mind that many of the 18 year olds from the welfare home

are still much too young to make their own decisions.

"The idea that suddenly at 18 you're an adult just doesn't quite ring true," says

child psychologist Laverne Antrobus, who works at London's Tavistock Clinic.101

She admits that children at 18 still need a considerable amount of support and

guidance. She says that some adolescents may want to stay longer with their

families because they need more support during these formative years and that it

is important for parents to realise that all young people do not develop at the

101

Wallis, L. “Is 25 The New Cut-Off Point For Adulthood?” BBC News Magazine 23 September

2013, 22 February 2014 <http://www.bbc.co.uk/news/magazine-24173194>.

50

same pace.102New brain scanning technology has also shown that hormonal

changes that affect the individual still continue even up till the individual is in his

or her twenties.103

In Sweden, the age of majority is higher (20) and there is no age limit to the

application of its social welfare legislations since the powers of its act applies to

all forms of social welfare. The rights of social welfare officers are also provided

form in Section 2, Chapter 4 SSA as it gives the welfare committee the right to

furnish any assistance beyond what is provided in the objective of the act if there

is a cause for it.104 The CCA also provides that care may also be given after

they’re 18 but before 20, indicating the right for social welfare officers prepare

them before they reach the age of majority.

Thus, Malaysian legislations should provide welfare officers the right to decide

their future as well. To not give them this simple right is unjust.

102

Ibid.

103 Woollaston, V. “An Adult at 18? Not Any More: Adolescence Now Ends at 25 to Prevent

Young People from Getting an Inferiority Complex” Daily Mail 23 September 2013, 23 February

2014 < http://www.dailymail.co.uk/health/article-2430573/An-adult-18-Not-Adolescence-ends-25-

prevent-young-people-getting-inferiority-complex.html>.

104 Social Services Act Sfs 2001 (Act 453) s2 Chp4.

51

4.1.3 Malaysian Legislations Do Not Invite Societal Involvement In Helping

Social Welfare Integrate The Children Into Society.

Social welfare, through commitment to locality-based intervention, keep people at

the centre of development. In doing so, they provide an institutional link between

governments, people, and various coalitions of private stakeholders that make up

communities.105 “In its narrowest sense, social welfare includes those non-profit

functions of society, public or voluntary.106

The only parties that are ever mentioned in the Malaysian legislations when it

comes to foster care children are social welfare officers, courts, or disciplinary

institution officers. Nothing is mentioned about the community, i.e.corporations,

municipal schools, etc.

In Sweden, this is otherwise. The objective of the SSA provides for the active

participation in community life.107 The SSA makes society participate by ensuring

that if the children were in a training activity under an employer’s regime following

Section 4, chapter 4 SSA108, the children would not attain employee status.

Societal participation is not only seen on the part of the community around but

105

Estes, R. J., Social Work, Social Development, And Community Welfare Centers In

International Perspective, (Pennsylvania: University of Pennsylvania, 1997),1.

106 Dolgoff, R., and Feldstein, D., Understanding Social Welfare, (New York: Longman, 1980), 91.

107 Social Services Act Sfs 2001 (Act 453) s1 Chp1.

108 Section 4, chapter 4 SSA provide that the social welfare committee may require a person

(under 25 years old) to receive livelihood support to take part in work experience or other skill-

enhancing activity to which he is referred by the committee.

52

also the children themselves. Through Sec 5, chapter4 we can see that if the

individual refuses to attend the training activities, no aid whatsoever will be given

to him or her.

Thus, it is evident that Malaysian legislations do not invite society to take part in

social welfare. They rely on the same parties and it is a surprise to the author

that society has failed to look at the children as their equal. Society needs to talk

to them, empathise with them and only then will this country truly be able to

bridge social classes.

4.2 Closing Remarks.

As a simple and general rebuttal, the author would like to point out that though

NGOS are available to help, social welfare in our country should not depend on

them. 109 Social welfare is the State's responsibility. This has in fact been

recognized on the international plane.110 It should be an easy task to depend on

the State for such assistance. The fact that social welfare officers are already

assisting the children as it is, it should be more of a reason for legislators to

codify it into legislation. Having a common practice be embodied into a charter or

legislation will reinforce the fact that it is customary right, 111 and establish it

109

Ritchie, A. G., The State's Responsibility for Social Welfare, (Oxford: Oxford University Press,

1926) 608-610.

110 Reid, P. N., “Social Welfare History” June 2013, UNCP Education, 19 February 2014 <

http://www2.uncp.edu/home/marson/348_history.html>.

111 Sinha, G. N., “Is Codification of Customary Law Desirable?” 2006, State Forest Research

Institute, 19 February 2014 <http://www.sfri.org/images/general/codification_customary_law.pdf>.

53

formally as part of the legal system. 112 The African Codes Commission, for

example has done this to determine the place of customary law in its legal

order.113

From the study, the author can infer that there are still many who still fail to see

the true importance of having legislation instead of depending on normal policies

and guidelines.

112

Vermeulen, T. W., Codification of Customary Law. (Cambridge: Cambridge University

Press,1980).

113 Ibid.

54

Chapter V: Conclusion.

55

5.1 Suggested Ways Of Improvements.

The United Nations in recognizing social issues as one of the pillars of

sustainable development is facing the great challenge of combining society's

desires for economic prosperity and social security.114 It is therefore pertinent to

realize that our legislations need to be improved in order to achieve the social

goal of sustainable development.

5.1.1 Obligation And Right For The State Through Their Social Welfare

Officers To Take Care Of The Children After The Children Reach 18,

Without A Court Of Order.

By codifying the obligation to assist the children to leave the home, we would be

placing a heavier burden on society to see the children as part of the society

rather than of a different class. It would also codify a right which many social

welfare officers would like to take care of the children.

5.1.2 Provide Specific Forms of Assistances Following the Child’s Needs.

Currently, only the welfare officers assess whether the children are mentally

prepared. Some of the children work slower than others, and some children have

bigger and more dangerous fears. It is pertinent that we address each of the

children’s fear and mental disabilities. Only then, will we truly show the children,

that they are treated like anyone in society.

114

Sachs, J. D., “The Social Welfare State, Beyond Ideology” November 2006, Scientific

American, 24 February 2014 <http://www.scientificamerican.com/article/the-social-welfare-

state/>.

56

5.1.3 Provide For Consequences If The Children Were To Not Want To

Accept The Assistance.

Since social welfare is a societal duty and the children themselves are part of the

society, they too have to pull their weight to get the help they want. We cannot

continue to just give them charity, as it treats the symptoms of their difficult

situation, not cure it. We need to teach the children that life is what you make it

and not to depend on the state for everything.

5.2 Barriers.

By introducing a new law to the community, one has to consider the impacts well

as the barriers that would be faced when enacting it.

5.2.1 People Would Abuse The Provision For Profit.

The first was pointed out by Miss Sumi, of LCWHA who stated that malicious

people would take advantage of the provision.115 It is true that people would see

the provision as an opportunity to compel the welfare officers to pay for training

programmes in light of their counterparts. The government should create an

independent regulatory body made up of the social welfare officers and members

of the general public, to prevent this from happening. This body will specify the

parties that can take part in helping the children when they reach 18 and ensure

that all prices are regulated. It would be the body’s duty to also oversee the

parties involved in the assisting of the children after they leave the welfare home.

115

60. Supra.

57

5.2.2 Rights Of Parents And Social Welfare Officers Have To Be Weighed.

Anonymous from LCWHA also pointed out that another barrier is the balancing of

the rights of these two parties. Again, a proper body should be established to

investigate the original family of the children, and assess whether it is safe for the

children to return to the original family. If social welfare officers who want to

exercise their right to continue to care for the children can establish that though

the children are “adults” by law, they are not ready to leave the home, and

reasons given are valid, the law should acknowledge this and nullify the rights of

the original parents. This is because it is the social welfare officers who have

taken care of them and inherently, raised the children. A right of a non-biological

parent such as them should be given light rather than any irresponsible biological

one.

5.2.3 Increased Taxes For The New Regime Of Social Welfare.

Sweden is a nation with extraordinary high tax rates compared to Malaysia’s. The

average worker not only pays 30 percent of income in visible taxes but close to

58

30 percent in hidden taxes.116 In 2005 for example, expenditure on social welfare

was 57.1% of its total general government spending.117

Malaysia, who spends less than 1% of its expenditure on social welfare,118 would

face a seismic shift. However, the author does not see this as a problem. As

Socrates puts it, when we agree to be citizens to a state, we inherently enter into

a contract to be to follow the rules of such a state. Following this, we also enter

into a social contract to be a part of the rest of the society. We thus, have to

protect one another at whatever cost. Only then, will the pillars of the United

Nations goals for sustainable development be fully achieved.

5.3 The Need for Legislations Instead Of Normal Policies.

Malaysia needs legislation or in other words, provisions in statute law on the

issue, rather than policies because, legislations are more difficult to amend.

Codification makes law more precise and would enhance the institution of our

parliament.

116

Sanandaji, N., and Gidehag, R., “Sweden's Taxes and The Hidden Costs of the Welfare State”

25 May 2009, New Geography, 24 February 2014

<http://www.newgeography.com/content/00814-swedens-taxes-the-hidden-costs-the-welfare-

state>.

117Organisation for Economic Co-Operation and Development, “Social Expenditure-Aggregared

Data” 2005, OECD Stat Extracts, 23 February 2014 <

http://stats.oecd.org/Index.aspx?DataSetCode=SOCX_AGG>.

118 ASEAN, Country Report of Asean Assessment on the Social impact of Global Financial Crisis:

Malaysia, (N.S: ASEAN, 2009).

59

Legislation is another term meaning statutory law, enacted by a law-making

body. 119 According to the Food and Agriculture Organization of the United

Nations, a policy is a "set of decisions oriented towards a long-term purpose or to

a particular problem. A policy is a document that outlines what a government is

going to do and what achieves for the society.120 From the definition itself, we

can see that policies are based on government goals. Our government changes

every 4 years and such policies would also be subjected to the same risk of

change as well. This is further supported by numerous Malaysian policies that

have continued to change over the past decade. An example can be seen in the

government policy to unify all science and mathematics subjects to be in English,

also known as the PPSMI. The policy was enacted in 2003 and was then

withdrawn in 2009, but is now still being reconsidered.121 Such a continuous

amendment is frustrating and confusing not only for the students who study

mathematics and science but also reflects the inconsistency of our government

plans. Issues that govern more serious matters such as social welfare should not

be subjected to this treatment and should be made into legislations instead, like

119

Differencebetweeninfo, N.S., Difference Between Policy and Legislation, N.D., 12 February

2014, <http://www.differencebetween.info/difference-between-policy-and-legislation>.

120 Ibid.

121 Chen, K. S., “Uproar Over Premature Halt to PPSMI Policy” The Star Online 5 January 2014,

19 February 2014 <http://www.thestar.com.my/News/Nation/2014/01/05/Uproar-over-premature-

halt-to-PPSMI-policy/>.

60

Sweden’s. Such legislations would be more difficult to amend compared to

policies.

Furthermore, codification improves clarity. The Code of Napolean, for example,

desired for a change and at the time was and is still considered the simplest

means of bringing the law up to date and removing uncertainties and

contradictions.122 Codification has also been said to be a way to rejuvenate a

legal system, which has become clogged up with the accumulated slit of

centuries of jurisprudence and doctrine.123 Thus, we can see that codification of

such laws indeed make it easier to understand.

Constitutional law Professor Shad Faruqi, once said “We need to enhance

Parliament’s institutional efficacy and to realise the Constitution’s dream of a

Parliament that is a countervailing force to the executive.” The Parliament

consists of representatives of each district in each state.124 Legislations are more

than just a piece of codified law. It is a reflection on what the general society

believes in and not what the controlling government wants through their policy

making. Parliament legitimates laws on agendas set out by the executive.125

122

112. Supra at 207.

123 Hahlo, “Here Lies The Common Law. Rest In Peace”, (1967) Modern Law Review 244,244.

124 Shad Saleem Faruqi, “Understanding the Malaysian Parliament” Asia News Network 27 June

2013, 19 February 2014 < http://www.asianewsnet.net/Understanding-the-Malaysian-parliament--

48501.html>.

125 Ibid.

61

Instead of the executive making the laws themselves (which already outnumber

parliament laws 15:1), 126 the state should leave this role to the legislators

instead. It is true democracy when we enact laws through the parliament, instead

of policies by the executive. It is only through legislations, that Malaysia would

truly be reflected as a state that takes social welfare seriously. Legislations would

persist despite the change of government.

Therefore, we can definitely see that there are various reasons as to why a piece

of legislation has more strength than simple policies or mere customary acts.

Statute Law was the prevailing system throughout a substantial part of organized

human societies for many centuries after 529 AD.127 Legislations originally were

intended to ensure acceptance by the people whom it was intended to govern

based on laws the general public has already accepted as its morals.128 Because

of this, it is pertinent for such an important moral as helping the children to leave

the home when they reach 18 to be codified into a proper legislation and not

merely based on the individual practice.

(9,994 words)

126

Ibid.

127Andelini, L., Felli, L., and Riboni, A. Statute Law or Case Law? The Suntory-Toyota

International Centres for Economics and Related Disciplines (Diss.) London School of Economics

and Political Science, 2008,2.

128 112. Supra at 207.

62

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63

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64

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65

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66

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67

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charged/991658.html>.

68

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al%2f9426551&sec=central>.

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knowledge-language.aspx/>.

4. United Nations Centre, “UNICEF Report Ranks Children's Well-Being In

29 Of World's Richest Countries” UN News Centre 10 April 2013, 12

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69

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70

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71

Interviews Conducted by Researcher

6. Interview with Miss Sumi, personal interview, Head Caretaker at

Lighthouse Children Welfare Home Association on 17 February 2014.

7. Interview with Mrs. Steven, personal interview, Founder and President of

the Lighthouse Children Welfare Home Association on 17 February 2014.

8. Interview with Mr. Steven, personal interview, Van Driver for the children

in the Lighthouse Children Welfare Home on 17 February 2014.

9. Interview with Mr. S.K. Manimaran, personal interview, Founder and

President Siddhartan Care Centre on 14 February 2014.

10. Interview with Raihan Rosli, personal interview, Student Volunteer at the

Damansara Welfare Home on 12 February 2014.

11. Interview with anonymous, personal interview, Head of Welfare Home

located in Damansara on 27 February 2014.

72

Appendix

73

Appendix A: Survey Form Given to Welfare Home Staff and Volunteers

Survey Form

1. Name

2. Position

3. Name of Foster Care Home

4. How many children are there in the foster care home you work in?

5. What is your general opinion of the children?

6. What are the reasons for the children being placed in the foster care home?

How many belong to each category?

(

)

( )

74

known Abandonment ( )

( )

(

)

( )

( )

7. Do you think the children do well after they leave the home?

8. What type of assistance do you think should be given to the children?

(Select only one.)

9. Do you agree that there should be a law that creates an obligation or right for

welfare officers to assist the children when they leave the welfare home upon

attaining the age of 18?

75

Appendix B: Interview with Welfare Home Staff and Volunteers

Name: Anonymous

Occupation: Head of Welfare Home located in Damansara.

1. As the head of the welfare home, how do you handle the children when

they reach the age of 18?

Children are given the protection and are taken care of in the institute till

they are 18 years old. To help the children to go on with their lives after

they go out of the home, we try to make sure that the children get a place

to stay as well as a proper job. Other than that, for the children who still

have their families, we return them to their families.

2. As children who are at a disadvantage in life due to the way they grew up,

what is their current status when they are actually released to the outside

world? What do you think they need?

It cannot be denied that the children do not have enough love and do not

have a proper role model. Most of them are exposed to means of

searching money by working at an early age to make sure they know how

to live after they leave the home. Even if they were given the chance to

continue with their education, they would face difficulties, as they find a

hard time finding sponsors, what more loans. Not many people want to

sponsor the children. A lot of them end up working as clerks, waiters or

salesman.

3. How does society generally see them?

There are some parts of the society that look down upon the children who

come from welfare homes. They are seen as stubborn and naughty. This

is probably because the children are unable to fit in with the people

outside of their homes. Because of the negative exposure they get from

the outside world, the children feel like they’re not good enough to live in

76

and with society. However, they do get good exposures from society

when teachers and friends come over. They go to school in the welfare

home van and people will look at them differently when they do. They are

labelled as “Anakyatim” sometimes.

4. Do you think that there should be a law to make sure that the children are

prepared to go to the outside world?

I agree that there should be law to make sure that these kids are well

prepared and ready when they go out of this home so that they can live

their life well and secured.

5. Are the children here good in their academics?

In my experience, not many of the children who live here are very good in

their academics. This is for various reasons which include their

abandonment when they were in primary school. Since they were

abandoned at that time, they have a hard time to follow school and they

do not have any assistance to help them when they are at home. The staff

in the welfare home can only watch over the children when the study but

they can’t afford to give full attention to teach them because most of the

staff are not that educated and lack the skills too. The teachers who are

willing to volunteer here are also decreasing and lacking.

6. How do you think that we should help them?

To make sure that these children get tertiary education, I am of the opinion

that the government should make some form of law to make it easier for

the kids to enter university. The government should also reserve money or

facilities for the children to go to tertiary education as well.

7. What would you suggest to the government to help the children in their

current state?

To make sure that these children really live their life, they have to be given

the chance to do the job they love. This includes preparing the right

training to them before they go out of the welfare home. They could be

sent to training centres before they reach 18 and they need to leave the

home.

77

Name: Raihan Rosli

Occupation: Student volunteer at the Damansara welfare home.

1. What do you do in the welfare home?

I teach them mathematics, for UPSR and PMR. I teach for free because I

know they need the help and I can help. Least I could do.

2. So, as their teacher, how do you think they fare amongst the rest of the

regular students?

They are pretty bad. I have 12 year olds who still have a hard time doing

nine plus three. It’s crazy. Some of the kids have skipped their Year 2 and

3 because of the abandonment they had gone through so they completely

missed that chapter of their life. UPSR already quizzes on multiplications

and division. How do you teach these kids that when they can’t even

understand addition and subtraction?

3. What about the kids that are taking their SPM? Do you see them?

Yeah, I do. There are some smart ones here. One of them represents the

school for chess you know. Although I do admit that there are some that

are facing difficulties in school. Some want to be lawyers, some want to be

engineers but I have little faith that they can. They don’t study. I don’t

78

blame them. They have some mental blockage and they have a hard time

focusing. They are so vent up with anger with the world sometimes, that

they can’t focus on the question at hand and answer them. It’s really sad.

4. Do you think they are prepared to leave for the outside world?

Well, yeah. For basic stuff, definitely. They can work simple jobs like

cleaners or clerks but I doubt they can do heavy thinking jobs. It is sad

really, to see that you’re doing all the work to teach them to reach a higher

level of education but you seem to be the only one doing it.

5. Do you wish the government would help?

Yes, the government definitely! And society as well. I wish the government

would actually put in more effort to help these children get what they want.

They want to be better. They want to be someone out there, but the odds

are against them at this point. Look how they grew up. It’s rarely an

environment for anybody to learn in.

6. Do you agree that there should be a law that protects them and helps

them after they reach 18?

79

Most definitely, Puteri. With a law, they feel the pressure, and they feel the

desire to want to leave and be better, if they know the law would help

them and in some way, force them to. Currently, they are pretty relaxed

knowing that they would be protected until they are 18 and have no future

outlook on what would happen to them when they reach 18. If they knew

there is a law that could assist them and prepare them when they are 18,

they would foresee what would happen in the future and can plan ahead.

They don’t look ahead you know. They live life day by day which is pretty

sad.

7. What suggestions of help do you think would be perfect for these

children?

Some form of technical classes would be good. They may not be good in

their studies but they are pretty good when it comes to physical activities.

Some of the kids here are pretty good in football and arts and crafts. For

kids, who actually could learn like the girl I told you who represented the

school for chess, she should definitely be given free tuition to help her go

to pre-U. Any form of assistance that could help them increase their

talents would be great.

80

Name: Mr.S.K. Manimaran

Occupation: Founder and President Siddhartan Care Centre.

1. So what does this home consist of? Orphans? Abandoned children?

So we have orphans and we have children with single parents and we

have children with single fathers.

2. At what age do they stay till?

They will be here until 18 years old. Once they reach 18, it depends on

them. Some want to be want to be on their own. Some want to stay here

and work for the home. I have one girl who just finished her SPM and is

now training as a teacher.

3. How do you manage the children when they actually reach the age of

18?

Depends on them. See what they want. There was this girl who was very

inclined to her studies because of the type of family she came from. She

was with me since 13. However, because of the abandonment, she lacked

studying and the parents then did not become co-operative. Now she is

okay, but I hope she will do good okay. She’s waiting for her SPM results.

I had one boy who, when he reached 18 chose to go back.

4. Go back where?

To his parents, to his mum. So I let him go back, because I can’t do

anything about that. He didn’t like it here. He said there were too many

rules and regulations and too strict. So, I was forced to follow what they

want. I had no right. I had no choice.

5. If a child here were to come up to you and say they want to go to

university, do you personally think that they have the capabilities

and the confidence to do that?

81

Yes. There are a few of them who have that capability to go far. The

confidence is there. They score good marks in school and they score first

in school. 4 or 5 of them out of the 30.

6. Are there children here that do not possess the confidence? Are

there children here that still do not know what they want to do?

There are. But we always motivate them and we always give the children

ideas on what to do. There are volunteer teachers coming in now and

then. Counselling teachers, as far as Switzerland, even. The teachers

would come and counsel them as to what to do.

7. I see. So, fun fact. Our laws currently do not provide for assistance

when the children reach 18 years old. From what I understand, is

that, it is under your own capability that these children are getting

the assistance and push they need when they go out after they reach

18. So do you think there should be some form of law to help you in

this?

Yes. They have to. The parliament has to. Some, when they reach 18… I

mean, when they stay here, it will be okay for them, it will be safe. But

when they go out there and they mix with wrong friends, they do wrong

things… But they are very good children originally. When they go out and

they join the wrong hands and mix with wrong hands, they end up

somewhere.

That’s why when they leave, we have to make sure that they are well

prepared. There is a certain level of effort and guidance that needs to be

done. We try to motivate them.

Amreeta, for example. She was not well. But we got her back. We got her

in the right track and now she’s part-timing at a kindergarten while taking

her teacher’s training course. And at the same time, she also takes

cheerleading classes. Coz she loves to do those kind of sports, see?

8. Oh, that’s really good. Do you do this on your own basis, or is there

some kind of policy you are governed with?

No, no, no. I always ask what they are interested in. Some tell me they

want to play football. In Malaysia, being a football player is “Aiyyaa”

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second story. I tell them you want to be a footballer, whatever. You excel

in your studies first. At the same time, you can play football. Whatever. So,

they attend football training at the Avverton Malaysian Football Club. 6,7

of them.

9. Oh wow. That’s really good. But you seem to be doing this all on

your own. Does the government help in any way?

No. This welfare home was set up by my two bosses when they set up the

company. They called me to run the place because I have done charity

before. But then, the company after a misunderstanding, a big boss took

over the company and just left the home just like that. The big boss

sacked me coz he wanted to make it into a big company and with just a

phone call, no one was going to sponsor the welfare home anymore.

My heart told me to go on with the home. I have to help these children.

I’ve been doing so for the past 3 years and have fully depended on public

donations.

Registering this welfare home is already a headache. But I know that once

I succeed in my application, the government, the social welfare

department will give me some funds, based on their policy. Nothing really

after that. They do invite for certain events but no so much as assistance

when they actually go out to the world.

10. How are their studies? Are they doing well?

They improved a lot after they came to the home. I have tuition classes to

take care of their studies. Most of the children are not academically

inclined due to the background that they come from. They find practical

skills easier to deal with.

11. Out of all the children, how many do you think, have confidence

problem because of their background?

20 of them?Out of the 33, 20 of them? Definitely because of the

background they came from. They used to hang out with gangsters or the

low cost flats. They had so many negative aura with them When they first

came here, they used to write down their gang numbers as some form of

comfort I guess. They used to talk like gangsters.

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12. What would you suggest to the government to do to assist the

children when they leave the home?

Okay, we have to look for the skill work colleges. All these skill work

colleges should be talked to. The government should not look at the

results totally. You know, put the results in one side. I feel sad that just

because the children’s results are bad, the companies just don’t accept

them. So there needs to be some form of platform that says, as a trainee,

even though your results are bad, we shall still take you as a trainee, or a

mechanic.

So governments should go to all these colleges and make them offer to

welfare homes. There are, I know some. But not many.

These trainings definitely work. I have volunteered at another welfare

home once, and this girl went through some training at a college and she’s

actually gotten a job at Magnum HQ. She’s earning Rm 1000+. I knew her

before she came in the home and she was really bad. The training

definitely helped.

13. Do you think that the matter on assistance for the children when they

reach 18 is a serious matter?

Of course. Not many people realise this, but it is a very serious matter.

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Name: Mr. Steven

Occupation: Van Driver for the children in the Lighthouse Children Welfare Home

1. Do you think the children have a difficult time to fit in society?

Let’s just say it’s not easy. I mean, the children are facing a difficult time

as it is fitting in society. Take where we live for example. We are in

bangsar, where all the international people are. Neighbours started

complaining about having a welfare home for the children in their

neighbourhood.

But they are nice people see? We didn’t want to make enemies. So we

respected their wishes and moved out. But the children know. They know

society is like that with them.

2. What do you do for the children?

I am a van driver in Alley Smith International School. Some of the children

here actually go to Alley Smith School and people talk about them. They

say “Why do they need to send the children to an international school?

Why is that even necessary? “ People think they should go to just normal

government school.

My question is why not? Why is it wrong for them to go there? The school

gave them allocations and they should be given the equal chance.

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Name: Mrs. Steven

Occupation: Founder and president of the Lighthouse Children Welfare Home

Association.

1. What are the backgrounds of some of these children?

Some of them are sexually abused. There was this family. The story is

very sad. The boy, he was six. And the father had schizophrenia and

poured petrol on him and he then took the mother and took the child to

this remote place. It had no one there. Remote area. Just as he was about

to light, the mother was screaming and this taxi so happens to stop by.

They then went to the police station and made a report. The father quickly

went back home, took the other girl, Pricilla to the 9th floor and threatened

to throw her down. And she screamed and cried. By the time the mum

came back, the father was so normal, the police said that he was just fine.

Another mother was remarrying many foreigners and took her daughter to

live with them abroad.

2. Do you think there should be a law or do you think that these forms

of assistances should be in school?

I don’t think it should be in school. The children here do not particularly

like school, and they are already not good in school. A law would be

better, so they can go through training or classes in the welfare home

which the children are more comfortable with.

But it’s a bit unnecessary. We already want to help them anyway. Any

person working in social welfare would.

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3. How have you so far helped the children to prepare them when they

reach 18?

Christopher for example, went through a very bad depression. He couldn’t

cope with himself and before you knew it, he was cutting himself. We then

sent him to a private school to help him. A lot of people shot us down…

People ask us why should he be so pampered? Why can’t they just go to

a normal school and learn how to cope?

But we hope that there was more to it. You see, he is a Chinese boy with

two brothers and when he came to our home, he got a culture shock

because everyone in the home was Indians. All the staffs in our place are

Indian. Then the mother went to UK to ease the financial burden by

working at a restaurant there. The father is hiding from loan shark. And it’s

really sad because he was the eldest. He was trying to cope with

everything but he just couldn’t but when he reached 12, he was wearing

long sleeves more often. Then, we found him cutting himself. We then

knew he was just seeking for attention.

4. That’s so sad. Then what did you do to help?

We knew he just probably needs to be around people of his kind more.

So, we sent him to a local private school down the road. They were

charging us RM 600 a month. They did not give us a discount, but they

motivated and counselled him, so we thought that really helped him, in the

end.

5. Other than that, do you do anything else to help the children to leave

the home?

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Once a year, we bring the children Christmas shopping. It’s fun for them

because they get to choose whichever clothes they want. We use the

budget. We tell them that they have to abide to the budget and they can

only pick things that fall within our budget. So that was fun too.

6. What other problems do these kids face?

They face a lot of thinking problems. Like if you throw them a question that

is out of the box, they go “uhhh”… “ummm”. They just can’t do any critical

thinking. Some still have a hard time making a simple decision, like picking

what clothes to buy.

7. Do you think the children here can go beyond secondary school?

Yes. I get very strict with their academics. I know they can study. But they

get so relaxed and calm, and I get worried. I get worried that they will end

up like their parents. But trying to teach them is very difficult. That’s when

the horns start coming out from the kids’ heads.

8. What do you think the law should provide then for them when they

reach 18?

Guidance. Of course there are some kids who are not academically

inclined like Shantili. Ha-ha. These kids then, should be given a chance to

go to vocational school. People need to help them to go to vocational

schools.

And definitely counselling. You see, we’re talking about kids who , for

some, have come from really rich and lavish backgrounds. And before you

know it, the father loses everything, the mother cannot cope and you just

end up here. You don’t know what’s going on. And you see after that, they

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just can’t learn. There’s something wrong up there. There’s a block. They

feel sad. “Where’s my mother?” “Where’s my father?” “Why am I here?”.

They are too young to understand all that and they can’t study.

9. Do these children have the desire to study?

Oh yes. They do study sometimes to please you. They sometimes just do

their work just to see you happy and pleased.

10. Amongst all the children here, are there any that do not want to

continue their studies and just want to excel to do something else?

Ummm… the teenagers here, 5 of them, twins really want to do wiring. A

wiring course. Montford’s boys town, maybe. I think we’ll send them there.

This other girl wants to be a zoo keeper. So she has to go to some

institute to teach them about zoology. I don’t know where and how. Ha-ha.

I keep telling her you’re already a zoo when you live here. Ha-ha-ha. And I

have another who wants to be a vet. Those two I guess must go to

university.

Oh, and there’s this other girl who wants to be a beautician. She wants to

go to a beautician course. She wants to work in some salon and become

an apprentice and learn from the master. We are trying to get that for her.

We know this one hair dresser who is really sweet so we might try there.

Then there’s… Christina. Ha-ha-ha. She thinks she’s a princess. She’s 17,

she just wants to be a singer. I told her, “really? You really think you can

put food on the table??”.

We have this theory that kids who are sexually abused can’t do maths.

Like some mental block.

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11. What do you currently do to help the children?

We can’t just say that oh, they can’t do that so let’s not do anything. Some

are slow learners, so we send them for assessment to see if they can do

anything.

12. What do you do when a parent wants to take his or her child back?

There was this other girl, 13 months, the father sat on her and pressed her

till her organs became dysfunctional. Hitting her head too.

After that, when she was sent here, every time she saw a man that looked

like the father, she would scream and cry. She was so traumatised that

they would urine their pants and they can’t speak. When it comes to her

turn to speak in games, she will just cry.

But she became better and is now in standard 1. And then… the mum

came back. She started dating this negro guy. And she came in a big

Mercedes and went, “I’m well. I want my children back with me”. The girl

didn’t want to go. The mum smacked her in front of me.

The little girl was screaming and yelling “I don’t want to go! I don’t want to

go!”and the mum was yelling back, “why don’t you want to go with me?!”

pullig and pulling the child.… we couldn’t do anything.

13. Would you have wanted that right?

Yeah. I actually went to the social welfare department you know to ask on

what we should do. And you know what they said? They asked me how

long it has been since the mum dropped the children off, and I told her 3

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years, and they were all, “oh, takpelah. Bagi baliklah. Itu ibu dia kan? Bagi

balik lah”.

We have no right or no say to tell them we want the children back with us.

Even though we know they are going to be more traumatised with all

these black fellows. I don’t know what will happen to the girls.

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Name: Miss Sumi

Occupation: Head Caretaker at Lighthouse Children Welfare Home Association.

1. Our laws only govern the children who live in the home up till 18

years old. What do you have to say about that?

Our current SD (statutory declaration when the parents put the children in

the home) also only governs them up till they’re 18. This is because the

age of majority is up till 18. But we are of the opinion that this is unfair.

Firstly, they are not ready to face the world mainly because of the negative

background they come from. Girls here, for example…. Ummm.. I mean,

you know, the first thing that comes in their mind is that they would want to

have a baby. Secondly, they’re just 18. So vulnerable. At that age, they

need to learn some skill.

We have Christopher who is going to turn 18 this year. He got 9As for his

trials. So based on his trial results, we managed to get him to HELP

University, so he is doing his A levels now. His results will only come out 9

months. Even if Christopher does not want to do HELP, I agree he should

not maintain at this place. He should go out and learn and be assisted to

go out.

This is home still. This is home for them. And… well, I have to say they

are not ready. Some people who are 30 and are unmarried and still live

with the parents. I feel like that kind of environment is very nice. There is a

sense of belonging. We are adopting a family for them. So I don’t think it’s

fair.

2. Is it wrong to make them stay even after they are 18?

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No, it is not wrong. We definitely encourage them to go out still. But the

authorities won’t force them out. Authorities bully us in other ways. For

example, I don’t why there are such little legislations that govern welfare

homes. We are governed under laws for kindergartens. Why would you

mix such laws when one is a charity organisation and the other is a profit

making education centre?

3. Do you think we should have a law to assist the children?

No, I don’t think so. People are going to make money out of that law.

Social etiquette courses, oh my. Training companies will charge us.

People will charge. Two groups have come to us before to charge us for

social etiquette courses and we thought it was very difficult. I prefer doing

it ourselves. No outside party meddling.

4. Don’t you think it would uphold a right?

I’m pretty sure we have a right, even without such a law, but it would be

more difficult because there is no express right.

5. What do you suggest then, if you don’t think there should be

legislation?

Put it in the school syllabus: Secondary school syllabus. Schools these

days do not have public speaking courses these days unless you join

things like debate.

6. What kind of skills do you think, if not the law, the schools should

teach?

Basic life skills you know. Uniform skills like public speaking, or social

etiquette, grooming, how to answer telephone calls... Because when they

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enter into universities, they need to learn how to talk to people. If you don’t

teach them that, what are you going to do with the children here who can’t

talk? Who have a problem talking with strangers?

7. Out of all the children here, how many do you think possesses

confidence problems?

They come from really bad backgrounds so you know, they do have

confidence problems. They lack it because they probably wouldn’t be

exposed. I remember when I used to work at OSK, I see all these young

people come for interviews and you can see that they lack confidence

because they have not been exposed. They only know what they know in

school and these are normal people. They are not the welfare children

who had gone through more than what these children have gone through.

8. Do you think their confidence can be helped or assisted?

Oh yes. Christopher, for example. The boy I told you about earlier. To a

certain extent he has become much better than what he was before. So

yes, their confidence can definitely be assisted.

9. What do you think of the laws that are currently governing the

children?

It’s all very vague. The Child Act is silent. I have women leaving the

children here and I go, “oh, yeah you can leave your children here but

your child stays here till 18.” You sign a statutory declaration which states

that you are to leave your child here till 18. We think we are smart that

way.

But… you know. After three years, when she gets better, she gets married

to a new husband, she will just come back and take the child away. It’s her

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child. Because she’s not crazy or whatever up there so the law does not

provide for us to protect from mothers or family members who are not

crazy and stuff, you know.

As much as we think that the parent itself is not fit to take care of the

children, we really can’t do anything.

10. Do you want to have that right, though? To be able to have a say.

Well, yeah. I do. You see, the children… they feel… they feel safe when

they come here. It’s a safer place for them considering what they have

come from. There are no laws to make us have our say to let them stay

here and not go back to that negative environment. I mean, there is. But

it’s so tedious. You have to go to court, you have to do this, and that. We

have no express right, not in the Child Act.

It is truly unfair that we have no right or say on what these children can do

after they leave the home. It is sad because we, were the ones who

nurtured them and taught them from right or wrong, and yet, we have no

right to continue to do so, after they reach 18.

11. How many out of the 43 children that you have, do you think is

capable of going to university if given the assistance?

Quite a number. That’s why we become monsters when it comes to their

studies. They are just lazy. Sometimes, I have to wait for them to do their

homework for 5 hours, and when I come back they just don’t do anything.

You go “what have you been doing for the past 5 hours?” we have to

make sure that they do their homework by going around them.

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It’s not that they’re stupid or anything, they just don’t have the attention

they need.

12. Do you have any kids that have already left?

We had. They were not 18 but the mum came and took them back. The

mum took all of them. We asked the mum, “please let the ones who are in

school come live with us,” because we know she drinks and stuff.

Angeline and Daniel, for example, we had to home school. They couldn’t

spell the word cat even they were 14. We had sponsors for them.

They really did the best with what we have. The teachers there

commented that it usually takes 1 year for the children to actually re-learn

how to read but the kids themselves had actually finished them in 6

months, so we can see that these kids, some of them, really want to be

better. And he did very well.

We had another girl. The mum took her away. She was brought to her

mum’s new boyfriend’s house and well… we don’t really know what

happened. We think it’s rape but we don’t know. We spoke to the girl. The

way she describes it seems to sound like it. They chloroformed her and

the bruises and the pain she had, well, we know she got rape.

She then came back to the home. And well, because there was no follow

up as to her condition, she just went down. When she left to live with the

mum, she was very bright. She was one of the top kids in her

kindergarten. But then all that happened and now she came back, and she

only knows up till her 5 times table.

13. Do you follow up with the kids who leave?

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Angeline and Daniel come now and then. They come visit. They will send

us a message once a week about how they are doing and stuff.

We do notice that mothers who had taken back the children, from here

before they reach 18, well, they have gone backwards. But we can’t do

anything much, because we don’t have the right.

So we always advise the parents who want to take their children back, to

actually not take their children back.

14. With that being said, what type of law would you personally want to

help you out?

I think there should be a law to help the children. Because, we foresee

many of the parents wait till they are 18 take them back, and work for

them for money. We foresee this happening. So there should be a law to

protect this.

Number two, I think they should increase the age of majority. I think 18 is

much too young. 21 in some countries, America if I’m not mistaken.

15. What are the effects of increasing the age of majority?

Well our SD says that they can only stay here till the age of majority which

is 18. We don’t encourage the children to leave at 18, because they are

not ready. I mean who are they going to be friends with? Who are they

going to be mix with? At least when they reach 18, they finish school, they

stay here, they can finish some courses or work and come home

here.Then, from there, they can build a circle of friends from the courses

or work place, After that, they can build confidence themselves and it’s

better that way.

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16. Do you have any suggestions to improve the current laws governing

the assistance of the children who live in welfare home to leave when

they reach 18?

The Child Act should be reformed, so that kids who live welfare homes

can live there until they finish schooling or be prepared for them. The Child

Act just does not help them at all.

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With this,

I, ________________________________________________________________, hereby declare

that on __________________________, Puteri Eleni binti Megat Osman has interviewed me

with regard to her project paper, entitled “Children in Foster Care Home: A comparative review

on Malaysian and Swedish legislations”.

I verify that the transcript of the interview and data provided are true and based on the personal

interview made by Puteri Eleni binti Megat Osman.

Signed,

Date:

Telephone no: