Thai Family Laws
Child Protection Act
Whereas it is deemed a propriate to revise the law governing the protection of children.
Section 1 This Act shall be referred to as the “Child Protection Act, B.E. 2546”.
Section 2 This Act shall enter into force one hundred and eighty days from the date of its publication in the Government Gazette.
Section 3 The following shall be repealed:
1) Announcement No. 132 of the Revolutionary Council dated 22 April 1972;
2) Announcement No. 294 of the Revolutionary Council dated 27 November 1972.
Section 4 In the Act,
“Child” means a person below 18 years of age, but does not include those who have attained majority through marriage.
“Street child” means a child who has no parents or legal guardian, or whose parents or guardian either fails or cannot afford to take care of the child, causing such child to wander from place to place; or a child who develops a vagrant lifestyle likely to be harmful to his or her safety.
“Orphan” means a child whose father or mother has died, or who has no evidence of parents or whose parents cannot be traced.
“Child in difficult circumstances” means a child staying with an impoverished family or abandoned by his or her parents or whose parents are divorced, imprisoned or separated causing difficulties to such child; or a child who has to shoulder familial responsibilities beyond his or her age, ability and intellect; or a child who cannot help him or herself.
“Disabled child” means a child who suffers some form of defect, physically, mentally or intellectually, regardless of whether such defect occurred at birth or thereafter.
“Child at risk of wrongdoing” means a child who behaves inappropriately, who is engaged in occupational activities, or in the accompany of persons, that appear likely to induce such child into committing unlawful or immoral acts; or a child who is in the environment detrimental to such child, as stipulated in the ministerial regulations.
“Pupil” means any child who is studying at the primary or secondary levels, either general or vocational, or the equivalent, in public or private institutions.
“Student” means a child who is studying at the tertiary level or the equivalent, in public or private institutions.
“Parents” means biological father and mother of a child, regardless of whether they are married or not.
“Guardian” means parents, persons providing care, adopter and guardians according to the Civil and Commercial Code, including step parents, guardian of a child's safety, employer, as well as any other person providing care or shelter to a child.
“Foster family” means a person who takes on and cares for a child as his or her offspring. “Unlawful care” means failure to care for, nurture or develop a child in accordance with the minimum standards as stipulated in ministerial regulations, to such an extent that it appears likely to be harmful to the child's physical and mental well-being.
“Torture” means any commission or omission of acts which cause the deprivation of freedom of, or mental or physical harm to, a child; sexual abuses committed against a child; inducement of a child to act or behave in a manner which is likely to be mentally or physically harmful to the child, unlawful or immoral, regardless of the child's consent.
“Tracing and observation” means an act of searching and gathering facts relating to a person in order to make an analysis in accordance with the social welfare, medical, psychological, legal and other principles relating to that person and such person's family.
“Nursery” means a place which provides care for at least six children not over six years of age who are not related by kinship to the owner or opera tor of such nursery, not including health care facilities or schools, whether public or private.
“Remand home” means a place where a child is temporarily sheltered and cared for with the intention of tracing and observing the child and his or her family so as to develop guidelines for appropriate provisions of assistance and safety protection to each individual child.
“Welfare center” means a place which provides care and development for over six children in need of assistance. “Safety protection center” means a place, which provides education, discipline and occupational training to a child who is in need of protection in order to correct his or her behavior, and provide treatment and rehabilitation for the child's physical and mental conditions.
“Development and rehabilitation center” means a place, school, institution or center established for the purpose of treatment and rehabilitation of the physical and mental conditions of a child who is in need of special welfare assistance or protection, as well as providing such child with education, guidance and occupational training.
“Observation center” means the Central Observation and Protection Center for children and juveniles with jurisdiction over Bangkok Met ropolis, Provincial Observation and Protection Centers, and Observation and Protection Centers under the Juvenile and Family Division of Provincial Courts, established under the Act Instituting the Juvenile and Family Courts and the Juvenile and Family Procedures of 1991.
“Fund” means the Child Protection Fund.
“Committee” means the National Child Protection Committee.
“Competent Official” means the person appointed by the Minister to perform in accordance with this Act.
“Provincial Governor” applies also to the Governor of the Bangkok Metropolis or his or her designate.
“Permanent Secretary” means the Permanent Secretary of the Ministry of Social Development and Human Security, including a person designated by the P ermanent Secretary.
“Minister” means the Minister in charge of the enforcement of this Act.
Section 5 The Courts having power by virtue of the Act Instituting the Juvenile and Family Courts and the Juvenile and Family Procedures to hear juvenile and family cases shall have the power to hear such cases under this Act. In provinces where no juvenile and family court or division exists, a Provincial Court shall have the power t o hear such cases under this Act.
Section 6 The Minister of Interior, Minister of Social Development and Human Security, Minister of Education and Minister of Justice shall be responsible for the enforcement of this Act, and shall, in relations to their respective Ministries, have the power to appoint competent officials and issue ministerial regulations or regulations to enable the implementation of this Act.
Ministerial regulations or regulations shall be enforced from the time of its publication in the Government Gazette.
Chapter 1
Child Protection Committee
Section 7 There shall be a National Child Protection Committee made up of the Minister of Social Development and Human Security as Chairperson of the Committee, the Permanent Secretary to the Ministry of Social Development and Human Security as Vice-Chairperson, members comprising the Permanent Secretary to the Ministry of Interior, the Permanent Secretary to the Ministry of Justice, the Permanent Secretary to the Ministry of Education, the Attorney General, the Chief of the Royal Thai Police, the Director-General of the Department of P rovincial Administration, the Director-General of the Department of Mental Health, the Chief Judge of the Central Juvenile and Family Court, and the Director of the Office of Welfare Promotion and Protection and Empowerment of Vulnerable Groups, and distinguished members appointed by the Minister from experts who ha ve had no less than seven years professional experience in the fields of social welfare, teaching, psychology, law and medicine, two from each field, one of which shall be a representative from the private sector, and two additional persons appointed from those who have demonstrable experience in child welfare of no less than seven years. The Deputy Permanent Secretary to the Ministry of Social Development and Human Security, designated by the Minister, shall act as member and Secretary of the Committee.
No less than one third of the distinguished members under the foregoing paragraph must be women. The National Child Protection Committee may appoint no more than two civil servants from the Ministry of Social Development and Human Security to serve as Assistant Secretary of the Committee.
Section 8 The Office of the Permanent Secretary of the Ministry of Social Development and Human Security shall be the Secretariat of the National Child Protection Committee. The Secretariat of the Committee shall have the following authority and duties:
1) To perform administrative ta sks of the Committee;
2) To coordinate and cooperate with other government agencies, and public and private organizations concerned, in connection with the implementation of child welfare, safety protection and behavioral promotion related work;
3) To develop systems, modules, procedures, and provide services, in connection with child welfare, sa fety protection and behavioral promotion;
4) To compile research results, studies and analyses in connection with the monitoring and evaluation of the implementation of policies and plans for the provision of welfare, safety protection and behavioral promotion of children of concerned agencies, public and private alike, and report to the National Child Protection Committee;
5) To perform other work in accordance with the resolutions of, or as assigned by, the National Child Protection Committee;
Section 9 The distinguished members of the National Child Protection Committee shall serve for a period of three years per term. When a distinguished member of the National Child Protection Committee vacates the office upon expiry of his or her term, he or she may be reappointed, but not for more than two consecutive terms.
Section 10 In addition to the va cation of office upon expiry of term, a distinguished member of the National Child Protection Committee will vacate the office upon:
1) Death;
2) Resignation;
3) Being removed by the Minister due to failure to perform duties, dishonesty, or misconduct;
4) Being sentenced to imprisonment under a final judgement to a term of imprisonment;
5) Being declared bankrupt;
6) Being an incompetent or quasi-incompetent person;
7) Being absent from three consecutive meetings without an appropriate reason.
Section 11 When a distinguished member of the National Child Protection Committee vacates the office before expiry of his or her term, the Minister shall appoint a person in the same category as stipulated in Section 7 as the replacement committee member and the person who is appointed shall serve for a period equal to the remainder of the term of the committee member whom he or she replaced.
Section 12 When a distinguished member of the National Child Protection Committee vacates the office upon expiry of his or her term and a new committee member has not yet been appointed, the outgoing committee member shall continue to perform his or her duties pro tempore.
Section 13 No less than one half of the total number of committee members must be present at a meeting of the National Child Protection Committee to establish a quorum for the meeting of the Committee.
At a meeting of the National Child Protection Committee, the Chairperson of the National Child Protection Committee shall chair the meeting. If the Chairperson of the Committee is not present or unable to perform his or her duties, the Vice-Chairperson of the National Child Protection Committee shall chair the meeting. If the Vice-Chairperson of the Committee is not present or unable to perform his or her duties, other members of the Committee who are present at the meeting shall elect one among their number to chair the meeting.
Rulings and decisions of a meeting shall be carried out by simple majority. One committee member shall have one vote. If the votes are tied, the chairperson of the meeting shall cast an additional vote as the deciding vote.
Section 14 The Committee shall have the following authority and duties:
1) To submit its views to the Minister regarding policies, plans, budgets and measures in social welfare, safety protection and behavior promotion of the child in accordance with this Act;
2) To submit its views to the Minister regarding the issuance of ministerial regulations to implement this Act;
3) Issue regulations, with the consent of the Ministry of Finance, on receipt, payment and keeping of money and earnings of funds;
4) To issue regulations on measures to protect the safety of the child in accordance with Section 49;
5) To determine criteria for the appointment of competent officials;
6) To give advice, make recommendations and coordinate with government agencies and the private sector active in education, social welfare, safety protection and behavior promotion of the child, as well a s to have the authority to inspect any nurseries, remand homes, welfare centers, safety protection centers, development and rehabilitation centers, observation centers, or places related to social welfare, safety protection a nd behavior promotion of the child, both public and private;
7) To monitor, evaluate and monitor the implementations of the Bangkok Metropolis Child Protection Committee and Provincial Child Protection Committees, a s well as to give advice and recommendations in connection with the prevention and remedy of matters concerning social welfare, safety protection and behavior promotion of the child, at the Bangkok Metropolis and provincial levels;
8) To carry out any other tasks related to social welfare, safe protection and promotion of behavior of the child.
Section 15 The Committee has the power to appoint sub-committees or working groups to act in pursuant to that assigned by the Committee. The provisions under Section 13 shall apply mutatis mutandis to meetings of the sub- committees or working groups.
Section 16 There shall be a Bangkok Metropolis Child Protection Committee, composed of the Governor of Bangkok Metropolis as Chairperson of the Committee, the P ermanent Secretary of the Bangkok Metropolis as Vice-Chairperson, and members appointed from representatives of the Office of the Permanent Secretary to the Ministry of Education, Office of the Attorney General, the Met ropolitan Police Commission, Department of Social Development and Welfare, Central Juvenile and Fa mily Court, Central Observation and Protection Center in Bangkok, Office of Welfare Promotion and Protection and Empowerment of Vulnerable Groups, Director of the Community Development Bureau, Director of Health Bureau and Director of Medicines, including distinguished members, appointed by the Bangkok Governor from experts in the fields of social welfare, teaching, psychology, law and medicine, two from ea ch field, one of whom must be a representative from the private sector, and an additional two distinguished members appointed from those with demonstrable experience in child welfare.
The Director of the Social Welfare Bureau shall act as committee member and Secretary.
No less than one third of the total number of the distinguished members under the first paragraph must be women.
The Bangkok Metropolis Child Protection Committee may appoint no more than two civil servants from the Social Welfare Bureau a s Assistant Secretary.
Section 17 There shall be a Provincial Child Protection Committee, composed of the Governor as Chairperson of the Committee, Deputy Governor designated by the Governor as Vice- Chairperson, members comprising the Provincial Prosecutor, Permanent Secretary of the Bangkok Metropolis, Chief of Provincial Development, Chief of Provincial Labor and Social Welfare, Chief of Provincial Education, Chief of provincial Public Health, Provincial Police Commissioner, representative from the Provincial Juvenile and Family Court or, in the case where no Juvenile and Family Court exists in the province, a representative from the Provincial Court, representative from the Provincial Observation and Protection Center, or representative from the Ministry of Justice appointed from officials in that province in the case where there is no Provincial Observation and Protection Center , and President of the Provincial Administration Organization, and distinguished members appointed by the Governor from experts who have no less that seven years experience in the fields of social welfare, teaching, psychology, law, and medicine, two from each field, one out of which shall come from private organizations, including two additional distinguished members appointed from those with apparent experience in child welfare.
Chief of the Provincial Social Development and Welfare Office shall act as member and Secretary. No less than one third of the t otal number of the distinguished members under the foregoing paragraph must be women. The Committee may appoint no more than two provincial civil servants to serve as Assistant Secretary.
Section 18 The provisions under Sections 9, 10, 11 and 12 shall apply mutatis mutandis to the assumption of office, vacation of office, appointment of replacement committee members and the performance of duties of the distinguished members in pursuance of Section 16, save for the power of the Minister under Section 10 (3) and 11, where it is deemed within the power of the Governor of Bangkok Metropolis or P rovincial Governor, as the case may be.
Section 19 The provisions under Sections 13 and 15 shall apply mutatis mutandis to the meetings and appointment of sub-committees or working groups of the Bangkok Metropolis Child Protection Committee or P rovincial Child Protection Committee.
Section 20 The Bangkok Metropolis Child Protection Committee and the P rovincial Child Protection Committee shall have the following authority and duties:
1) To submit their views to the Committee regarding policies, plans, budgets and measures in respect of social welfare, safety protection and behavior promotion of the child in accordance with this Act;
2) To give advice and recommendations to, and coordinate with, government agencies and private organizations active in the fields of education, social welfare, safety protection and behavior promotion of the child, as well as to have the authority to inspect nurseries, remand homes, welfare cent ers, safety protection centers, development and rehabilitation centers, observation centers, or other places related to social welfare, sa fety protection and behavior promotion of the child, public and private, within the Bangkok Metropolis or in the provinces, as the case may be;
3) To determine guidelines regarding social welfare, safety protection and behavior promotion of the child in the Bangkok Metropolis or the provinces, as the case may be;
4) To raise funds for the purpose of social welfare, safety protection and behavior promotion of the child in the Bangkok Metropolis or the provinces, as the case may be, and to report to the Committee and the Fund Management Committee on management of funds;
5) To examine or summon persons concerned to give statements in case of child abuse;
6) To request persons concerned to produce any documents or related evidence or give statements for consideration in the performance of duties according to this Act;
7) To monitor, evaluate and inspect the implementation of activities relating to child assistance and behavior promotion in the Bangkok Metropolis and at the provincial level, as the case may be, and report the findings to the Committee;
8) To carry out other acts as assigned by the Committee.
Section 21 In the performance of duties under this Act, members of Committees and Sub-committees shall be officials under the Penal Code.
Chapter 2
Treatment of the Child
Section 22 Treatment of the Child in any case shall give primary importance to the best interests of the child and any discrimination of an unfair nature shall not be allowed. In det ermining if an act is in the best interests of or unfairly discriminatory to the child, guidelines stipulated in the ministerial regulations shall be applied.
Section 23 Guardians must take care, exhort and develop a child under their guardianship in manners appropriate to local traditions, customs and culture but which in any case must not be below the minimum standards as stipulated in the ministerial regulations. They shall also safeguard the child under care against potentially harmful circumstances, whether physical or mental.
Section 24 Permanent Secretaries, provincial governors, district chiefs, assistant district officers as head of sub - districts or administrative heads of local administration organizations have the duty to protect the safety of children living in the areas under their jurisdiction, rega rdless of whether or not they have parents or guardians, and also have the authority and duty to supervise and inspect nurseries, remand homes, welfare centers, safety protectioncenters, development and rehabilitation centers and observation centers falling under their jurisdiction.
Findings of the inspections shall be reported to the Bangkok Metropolis Child Protection Committee or the Provincial Child Protection Committee, depending on the case. They shall also have the same authority and duties as those of competent officials according to this Act.
Section 25 Guardians of a child are forbidden to act as follows:
1) Abandon a child at a nursery or health care facility, or with a person employed to look after the child, or at a public place or any other place, with the intention of not taking him or her back;
2) Neglect a child at any place without arranging for appropriate safety protection or care;
3) Deliberately or neglectfully withhold from a child things that are necessa ry for sustaining the child's life or health, to an extent which seems likely to cause physical or mental harm to the child;
4) Treat a child in ways or manners which hinder his or her growth or development;
5) Treat a child in ways or manners which constitute unlawful caring.
Section 26 Under the provisions of other laws, regardless of a child's consent, a person is forbidden to act as follows:
1) Commit or omit acts which result in torturing a child's body or mind;
2) Intentionally or neglectfully withhold things that are necessary for sustaining the life or health of a child under guardianship, to the extent which would be likely to cause physical or mental harm to the child ;
3) Force, threaten, induce, encourage or allow a child to adopt behavior and manners which are inappropriate or likely to be the cause of wrongdoing;
4) Advertise by means of the media or use any other means of information dissemination to receive or give away a child to any person who is not related to the child, save where such action is sanctioned by the State;
5) Force, threaten, induce, encourage, consent to, or act in any other way that results in a child becoming a beggar, living on the street, or use a child as an instrument for begging or committing crimes, or act in any way that results in the exploitation of a child;
6) Use, employ or ask a child to work or act in such a way that might be physically or mentally harmful to the child, affect the child's growth or hinder the child's development;
7) Force, threaten, use, induce, instigate, encourage, or allow a child to play sports or commit any acts indicative of commercial exploitation in a manner which hinders the child's growth and development or constitutes an act of torture against the child;
8) Use or allow a child to gamble in any form or enter into a gambling place, brothel, or other place where children are not allowed;
9) Force, threaten, use, induce, instigate, encourage or allow a child to perform or act in a pornographic manner, rega rdless of whether the intention is to obtain remuneration or anything else;
10) Sell, exchange or give away liquor or cigarettes to a child, other than for medical purposes. If the offences under paragraph one carry heavier penalties under other law, penalties under such law shall be imposed.
Section 27 It is forbidden for anyone to advertise or disseminate by means of the media or any other kind of information technology any information on a child or the child’s guardian, with the intention of causing damage to the mind, reputation, prestige or any other interests of the child or seeking benefit for oneself or others in an unlawful manner.
Section 28 In those cases where a child's guardian is not in a state to take care, raise, discipline and develop the child, regardless of the reason, or a child's guardian acts in a manner which is likely to be harmful to the child's safety or obst ructive to his or her growth or development, or provides unlawful care; or for any other compelling reason for the benefit of assisting or protecting the child against harm, a competent official must undertake to provide assistance and protection to the child according to this Act.
Section 29 Upon finding a child in circumstances which warrant welfare assistance or safety protection as stipulated under Chapters 3 and 4, a person shall provide basic assistance and notify a competent official, administrative official or police officer or person having the duty to protect a child's safety according to Section 24 without delay.
A physician, nurse, psychologist or public health official admitting a child for treatment; teacher, instructor or employer having the duty to take care of a child who is his or her student or employee, shall report immediately to a competent official or person having duty to protect a child's safety according to Section 24, or administrative official or police officer if it is apparent or suspected that the child has been tortured or is sick due to unlawful care. Persons notifying or reporting in good faith under this Section shall receive appropriate protection and shall not be held liable for any civil, criminal or administrative action arising therefrom.
Section 30 For the benefit of implementation in pursuance of this Act, a competent official according to Chapters 3 and 4, shall have the authority and duties a s follows:
1) To enter homes, any establishments or vehicles, during the period from the rising to the setting of the sun, for the purpose of searching, in those cases where there is reason t o suspect that a n act of torture, detention or unlawful care has been committed against a child. However, in the case where there is rea son to believe that if action is not taken immediately, a child may be harmed mentally or physically or be taken t o another place which would make it difficult to trace and rescue such child, a competent official may have the power to ent er such places after the setting of the sun;
2) To question a child when there is reason to suspect that the child is in need of welfare a ssistance or safety protection. If necessary, in order that welfare assistance and protection of safety may be better provided or arranged, the child may be brought to the office of the competent official to obtain information about the child and his family, including any person the child is living with. In this rega rd, such action must be taken without undue delay, but, in any case, the child may not be detained for more than 12 hours. When such a period of time has elapsed, the provisions under clause (6) shall apply. During the time that the child remains in custody, he or she shall be provided for and, if ill, receive medical care;
3) To issue a letter summoning a child's guardian or any other persons to testify or give statements on the living conditions, behavior, health and relationships within the family of the child;
4) To issue a written order to a child's guardian, employer or business operator, owner or possessor of a place where the child works or used to work, live or used to live, owner or possessor or keeper of a place at which the child is studying or used to study, or to the person in charge of protecting the child's safety, to submit documents or evidence regarding the child's living conditions, education, employment or behavior;
5) To enter the residence of a child's guardian, place of business of the child's employer, the child's place of education or the place with which the child is concerned or connected, within the period from dawn to dusk to interview persons living in such places a nd gather information or evidence concerning the child's living conditions, relationship within the child's family, care provided, and character and behavior of the child;
6) To restore a child to his or her guardian with recommendations or warning given to the guardian to take care and bring up the child in the right manner to enable the child to develop properly;
7) On request, to prepare a report on a child for submission to the relevant persons or authorities in those cases where the child is being sent to a remand home or other concerned institute or agency.
A child under care of a competent official shall be properly provided for and received suitable education, and prior to sending the child to a nursery, remand home, welfare center, safety protection center or development and rehabilitation center, experts in the fields of social welfare and medicine shall be consulted to the extent possible. To carry out duties in pursuance of clauses (1), (2) and (5), a competent official shall present his identification card to the persons concerned and the persons concerned shall accord facilitations as appropriate.
The competent official's identification card shall be in conformity with the form stipulated by the Minister as published in the Government Gazette.
Section 31 In the performance of duties under this Act, the competent officials shall be officials under the Penal Code.
Chapter 3
Social Welfare
Section 32 Children warranting welfare assistance include as follows:
1) Street children or orphans;
2) Abandoned or lost children;
3) Children whose guardians are una ble to care for them for whatever reasons, for example, being imprisoned, detained, disabled, chronically ill, impoverished, juvenile, divorced, deserted, mentally ill or neurotic;
4) Children whose guardians have inappropriate behaviors or occupations, which might affect the physical or mental development of the children under their guardianship;
5) Children who have been unlawfully brought up, exploited, abused, or subjected to any other conditions which are likely to cause them to behave in an immoral manner or suffer physical or mental harm;
6) Disabled children;
7) Children in difficult circumstances;
8) Children in situations warranting welfare assistance as stipulated in the ministerial regulations.
Section 33 In the case of a competent official or person having the duty to protect a child's safety according to Section 24 having been notified by persons according to Section 29 or having found a child warranting welfare assistance according to Section 32, he or she shall consider the most appropriate ways and means of providing assistance as follows:
1) To provide assistance and welfare to the child and his or her family or any person providing care for the child so as to enable them to take care of the child in a manner pursuant to Section 23;
2) To submit the child into the care of an appropriate person who consents to provide care for the child for a period as deemed appropriate but not exceeding one month in the case where it is not possible to act according to clause 1);
3) To facilitate the adoption of the child by a third person in accordance with the law on child adoption;
4) To send the child to be cared for by an appropriate foster family or nursery consenting to take the child into care;
5) To send the child to be cared for at a remand home;
6) To send the child to be cared for at a welfare center;
7) To send the child to receive education or occupational training, or to receive treatment, rehabilitation, education or occupational training in a development and rehabilitation center, or to receive spiritual discipline based on religious principles in a Buddhist temple or other place of other religion consenting to take the child into care.
The measures for providing welfare assistance in paragraph one shall follow the regulations laid down by the Permanent Secreta ry of the Ministry, and in any case, the measures under clauses 4), 5), 6) or 7) must have the consent of the child’s guardian. Such consent must be given in writing in compliance with the form stipulated by the Permanent Secretary of the Ministry or verbally in the presence of at least two witnesses. In cases where the guardian of the child refuses to give consent without a ppropriate rea son or is unable to give consent, the Permanent Secretary or the Provincial Governor, as the case may be, shall be empowered to send the child for welfare assistance according to the said measures, but not before having heard the recommendations and opinions of experts in the fields of social welfare and medicine.
The Permanent Secretary or the Provincial Governor, as the case may be, shall be empowered to fix the period for the provision of welfare assistance under clauses 4), 5), 6) and 7); however, he or she may use his or her discretion to extend or short en such period as deemed appropriate, if there are changes in circumsta nces. In the meantime during such period, a competent official shall expeditiously arrange for that the child to be returned to his or her guardian.
In the case where a request is made by the guardian for the release of a child being provided welfare assistance and such guardian can demonstrate that he or she is capable of exercising guardianship over and taking care of the child, the Permanent Secretary or the Provincial Governor, as the case may be, shall order the release of the child from welfare assistance and submit the child to his or her guardian, even though the period of welfare assistance has not been completed. In the case where the person receiving welfare assistance has reached 18 years of age but is still in a condition warranting further assistance, the Permanent Secretary or the Provincial Governor, as the ca se may be, may order such person to be granted further assistance until he or she reaches 20 years of age. However, if, due to a compelling reason, the provision of welfare assistance to such person must continue further, and such person has no objection, the Permanent Secretary or the Provincial Governor, as the case may be, may order the continuation of such assistance as necessary and appropriate, but which in any case shall not extend beyond the date when such person reaches 24 years of age.
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