KPWKM denies claims of Bajau Laut baby 'abduction'

PUTRAJAYA - The Women, Family, and Community Development (KPWKM) Ministry has denied a news report regarding a Bajau Laut baby being snatched away from a stateless mother at a hospital in Sabah.

In a statement, the ministry informed that a police report was lodged at the Lahad Datu District Police Headquarters (IPD) on Wednesday to refute the report.

"The ministry takes these allegations seriously and has conducted a review, finding that this issue is an old case handled by the District Social Welfare Office (PKMD) Lahad Datu, Sabah, in 2021," the statement read.

In the statement it was explained that the case was handled following established procedures based on the guardian's report, court orders, police reports, statutory declarations, late birth registration applications to the National Registration Department (JPN), and reports from Lahad Datu Hospital.

"The claims raised by Malaysiakini are untrue," the ministry said in its statement.

It clarified that the placement of children with Suitable and Eligible Persons (OYLS) was initially through an Interim Order under paragraph 19(2)(b), Child Act 2001 [Act 611], issued by the Children's Court (MBKK), while the process of identifying the mother or father or guardian to claim custody rights was ongoing.

However, a person claiming to be the biological mother appeared at the hospital and demanded the custody rights of the child. At that time, the child had already obtained a Permanent Order under paragraph 30(1)(b), Act 611, from MBKK.

"The Department of Social Welfare (JKM) emphasises that a Permanent Order issued by MBKK should prioritise the best interests of the child as the main consideration and the primary focus of all parties involved," the ministry said.

After receiving confirmation from the Bajau Laut village chief in Lahad Datu, the guardian offered the biological parents the option to regain custody of the child from OYLS.

However, the biological parents decided to surrender the child to OYLS through a solemn statutory declaration.

On top of that, the guardian found that the biological mother was unable to care for the child due to financial difficulties and chronic health issues, as well as an inability to cover the child's medical expenses. Consequently, she had left the premature child at Lahad Datu Hospital for three months.

As a result, a case briefing session to provide details and review the procedures for handling child care and protection cases under Act 611 was held on Tuesday.

KPWKM further explained that the guardian carried out responsibilities based on the notification of appointment and the guardian's powers under section 8 of Act 611 is to determine the placement of child care and protection cases with OYLS or a safe place.

"Placing children with families is a priority and the best choice based on the 'best interest of the child,' as opposed to placing them in welfare institutions," it said.

Furthermore, the ministry stressed that it would not compromise with any party if there were elements of negligence or misconduct by the guardian in handling child care and protection cases.

"KPWKM calls on all parties to come forward and make reports via the Talian Kasih 15999 and the authorities.

The ministry will also take appropriate action against any officers involved if these claims are proven to be true and indeed occurred," the ministry stated.