Nancy: SOP determining women as ‘unfit’ mothers to be made public

Women, Family and Community Development Minister Nancy Shukri is discussing with the Welfare Department to make public the standard operating procedures (SOP) that govern welfare officers in determining mothers unfit to care for their children.

However, the minister did not mention when the SOP would be made public.

In the meantime, and in the best interest of the child, Nancy said mothers who felt they were unfairly evaluated as “unfit” and had their babies taken away can file an appeal with the Welfare Department.

“We have strict SOP that requires a court order to take over custody of a baby unless the (welfare) officer did not follow them.

“Even if a mother was absent for three months, and a court order was obtained to take custody of the baby when the mother returns, we would have to cancel the court order and return the baby to the mother.

“Like it or not, if they want the kid, we have to surrender them to parents because the welfare of the child is of utmost importance to us and that means, staying with their family.

“But this is provided she can prove that the baby was hers,” Nancy said.

Police report required

Nancy was responding to a Malaysiakini report last week, highlighting a case where a stateless mother lost custody of her baby in a Sabah hospital.

The stateless Bajau Laut mother, Aimah, still harboured hopes of reconnecting with her baby someday but because of her immigration status, was unable to make a police report to start an investigation.

Child activist Dr Hartini Zainuddin

Nancy was also responding to allegations by child activist Dr Hartini Zainuddin this morning that the absence of clear procedures for declaring mothers “unfit” had empowered Welfare Department officers to arbitrarily take custody of babies.

Hartini, whose experience of standing as guarantor for new mothers at least twice a year over the past decade in Peninsular Malaysia, pointed out that those affected were mostly young, poor and frequently included citizens.

Nevertheless, Nancy said, in cases where fraudulent processes were afoot, affected mothers were required to produce a police report and complaint report from the relevant hospital.

“But if people feel there was wrongdoing by our officers, the police and hospital have to give us the information,” she said.

Stateless and undocumented mothers usually will not risk making a police report fearing arrest. - Mkini