PERLINDUNGAN KANAK-KANAK DI MALAYSIA: MENILAI KEBERKESANAN JAGAAN PELIHARA DARI PERSPEKTIF UNDANG-UNDANG

Abstract

Foster care serves as a crucial support system for children in need of care and protection in Malaysia who cannot live with their biological families due to issues such as neglect, abuse, or abandonment. This article examines the concept of foster care, its legal implementation, and challenges. By scrutinizing existing legislation, the paper aims to identify areas for improvement to enhance the effectiveness of foster care as part of the child protection system in Malaysia. The foster care system in Malaysia is primarily governed by the Child Act 2001 and managed by the Social Welfare Department in providing family-based care, especially for abandoned children. This article employs a qualitative study, revealing challenges and limitations within the existing legal framework. The findings indicate that there is no specific law governing foster care in Malaysia. Therefore, the article emphasizes the need to enhance the effectiveness of foster care legislation by increasing resources and support for foster parents, implementing standardized training programs for them, strengthening monitoring and evaluation mechanisms, and encouraging cooperation and information sharing among relevant agencies. This is to ensure positive outcomes and long-term welfare for children in foster care in Malaysia.