2002-Article Text-4954-1-10-20230101

Malaysian Journal of Social Sciences and Humanities (MJSSH) (e-ISSN : 2504-8562)
2022, Volume 7, Issue 12, e002002

DOI: https://doi.org/10.47405/mjssh.v7i12.2002
Foster Care as A Child Protection Measure in Malaysia: A Literature

Review
Nadhilah A.Kadir1* , Azizah Mohd2

1Faculty of Law, Faculty of Law, Universiti Kebangsaan Malaysia, 43600 Bangi, Selangor, Malaysia.
Email: nadhilah@ukm.edu.my
2Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia, P.O. Box 10, 50728 Kuala
Lumpur, Malaysia.
Email: azizahmohd@iium.edu.my
ABSTRACT
CORRESPONDING Foster care has been practised widely in other countries as
AUTHOR (*): one of the alternative care options for children in need of
Nadhilah A.Kadir care and protection. In general, foster care refers to a
(nadhilah@ukm.edu.my) placement of a child either temporarily or permanently, in
the care of a person other than a parent. However, at
KEYWORDS: present, there is no specific legislation governing foster
Foster care care in Malaysia, except for the limited provisions in the
Alternative care Child Act 2001. A review of foster care as a child protection
Family-based care measure in Malaysia from a legal perspective was
Child protection conducted and four themes emerged, namely, (a) concept
Children’s rights of foster care; (b) international legal framework for foster
care; (c) foster care in other countries; and (d) foster care
CITATION: in Malaysia. Results indicate that there is a comprehensive
Nadhilah A.Kadir & Azizah Mohd. (2022). literature on foster care from a legal perspective but small
Foster Care as A Child Protection Measure in
Malaysia: A Literature Review. Malaysian literature in the context of Malaysia since there is no
Journal of Social Sciences and Humanities specific legislation governing it. At present, foster care is
(MJSSH), 7(12), e002002. administered based on the practice of the Malaysia Social
https://doi.org/10.47405/mjssh.v7i12.2002
Welfare Department.
Contribution/Originality: This study contributes to build an inclusive society in line

with the government’s policies in which the wellbeing of children as one of the specific
target groups can be continued to be given priority and assist the government to
improve and strengthen the child protection system through foster care.
1. Introduction
Previous studies have shown that children living in institutions often suffer from
infectious disease, malnutrition, emotional neglect and abuse which eventually causing
serious health problems and delays in the child’s physical growth (Shapiro, 2008; Zeanah
& Humphreys, 2020). Due to concerns regarding the negative impacts of institutional
care to a child development in terms of physical, intellectual and mental, there is a
growing international trend towards the development of a family-based care for
vulnerable children placed in alternative care. In 2009, the United Nations General
Assembly introduced the Guidelines for the Alternative Care of Children and
© 2022 by the authors. Published by Secholian Publication. This article is licensed under a Creative
Commons Attribution 4.0 International License (CC BY).
2
recommended the development of family-based care within a range of alternative care

options including foster care. Since the birth parents are absent, disqualified, incapable
or unwilling to look after them, alternative care is necessary to ensure that their welfare
is taken care of and well protected. Alternative care options include adoption, foster
placement, placement according to principle of kafālah and placement at residential care.
It is to be noted that foster care is one of the options where family-based care can be
achieved.
Foster care is regulated in other countries like the United Kingdom (UK) and Australia.
They have specific legislation and regulations to govern the foster care system. In these
countries, foster care has developed into one of the main types of alternative care for
children in need of care and protection, other than adoption and institutional care. Foster
care also seems well managed in Singapore despite the absence of specific legislation
governing it. Meanwhile, Muslim countries like Egypt, Algeria and Bahrain are
developing their kafālah system to provide substitute care for orphans and abandoned
children or foundlings. They also include children who have to be separated from their
parents by court order due to abuse or neglect. These children are placed with a suitable
foster family under the legislation in accordance with Islamic law which does not
recognize adoption. It seems that kafālah has been administered in these Muslim
countries in the form of foster care.
In Malaysia, the implementation of family-based care was introduced in the Child Act
(Amendment) 2016 and the Child (Family Based Care) Regulations 2017 [P.U. (A)
287/2017]. The Act defines family-based care as “the care of a child in a family
environment including—(a) the care of a child by a parent, guardian or relative; (b) the
care of a child by a foster parent or fit and proper person; or (c) the care of a child in a
centre.” However, there is no specific legislation or regulations on foster care other than
several brief provisions in the Child Act (Mohd, 2008; A.Kadir, 2011). Furthermore, there
are no provisions allowing other agencies than the Social Welfare Department to
formally assess the eligibility of foster parents in which the applicability of family-based
care through foster care seems limited or restricted. Notably, foster care in Malaysia is
basically based on the practice of the Social Welfare Department (Mohd, 2008). Thus, a
review of foster care as a child protection measure in Malaysia from a legal perspective
was conducted.
2. Literature Review
This article is a review of legal studies’ contribution to the literature on foster care as a
protection measure for children in need of care and protection. Foster care is recognised
at the international level as one of alternative care options for children deprived of
family environment. Notably, legal research continuously emphasises the development
of international law and policy in establishing guidelines and safeguards in foster care
placement. The discussion on the literature on the practice of foster care in this article
focuses on four main themes, namely, (a) concept of foster care; (b) international legal
framework for foster care; (c) foster care in other countries; and (d) foster care in
Malaysia.
2.1. Concept of Foster Care
Curran (2004) defines foster care as “the formal and informal custodial care of children
outside their own biological family home when their parents are unable, unwilling, or
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prohibited from caring for them.” (p. 363). According to the Merriam-Webster’s
Advanced Learner’s English Dictionary (2008), it comes from the term ‘foster’ (adjective)
which refers to “a situation in which for a period of time a child lives with and is cared
for by people who are not the child’s parents.” Foster care becomes necessary when the
natural parents are nonexistence, or the family has significant problems of a social,
emotional, economic or physical nature (Stahl, 1990). Basically, the primary purpose of
foster care in many countries is to provide substitute care for children who have been
abandoned, abused and neglected so that they would have similar opportunities to other
ordinary children (Colton & Williams, 2005). Substitute care is intended to substitute for
parental care, either partially or fully and it is still considered the main child welfare
service (Hunt, 1982). Due to the fact that the natural parents are unable to provide
physical, educational and emotional care towards the child, the foster parents are
recruited to do so (Stahl, 1990). Although these works provide a good description of the
concept of foster care, there are no details regarding the foster care law.
From the Islamic perspective, foster care is described as relating to the concept of
kafālah. For example, Imad-ad-Dean Ahmad (n.d) explains about the adoption in Islamic
form as kafālah or legal fostering. The author refers to the definition of kafālah as
provided for in the Algerian Code of Family which means, “the promise to undertake
without payment the upkeep, education and protection of a minor, in the same way as a
father would do for his son”. He mentioned that the literal meaning of kafālah is best
translated as “foster parenting.” He revealed that one of the differences between
adoption in Islam and adoption as understood in America is the denial of identity by
blood lineage. In Islam, the adoption is not recognized and the concept of foster care in
preserving the blood relationship with the biological parents is similar with the concept
of kafālah. Mattson (2005) views that fostering refers to kafālah, the act to take on
responsibility towards a child partially or completely when the parents of the child
cannot look after him or her, either temporarily or permanently. Grosz (2006) identified
Article 20 of the CRC which states about alternative care for children deprived of their
family environment. Article 20 states about kafālah since Islamic countries do not
recognize adoption. The author also mentioned that kafālah is a “permanent foster care
but the child does not take on the foster family’s name nor does he acquire inheritance
rights” (p. 209). Thus, in kafālah, the child retains the name of his biological parent and is
not entitled to the legal rights as a birth child. In addition, since foster care refers to the
act of taking a child into custody in order to give care and protection to him or her, it can
also be known as tarbiyyah (Mohd, 2007). It seems that both terms refer to the concept
of looking after a child whom one does not own by birth that is in need of care and
protection, such as abandoned child or orphan. Since Islam does not recognize legal
adoption as practiced by non-Muslims, this concept is introduced as an option in
allowing children in need of care and protection to be looked after in a family
environment, particularly in Muslim countries. Although these works describe the
concept of foster care from Islamic perspective, it is still lack of details regarding the
practical side of kafālah and how it is administered.
2.2. International Legal Framework for Foster Care
The international UN Guidelines for the Alternative Care of Children provides a guide on
the implementation of the UNCRC for children in alternative care. The guidelines aim to
describe the relationship between parental care and the child’s family environment,
objectives for alternative care and the criteria for decisions of alternative care
placements. In addition, a detailed guidance on implementing the UN Guidelines is
4
provided in Moving Forward: Implementing the Guidelines for the Alternative Care of
Children (CELCIS, 2012). The preamble of the UNCRC recognizes the child’s right to grow
up in a family setting where he or she can live in happiness, love and understanding
atmospheres. Besides that, “the best interests of the child shall be a primary
consideration” in all actions pertaining to children under the UNCRC. The UNCRC obliges
state parties to provide for a child deprived of his or her family environment, either
temporarily or permanently with special protection and assistance. Furthermore, states
must ensure that alternative care is available for such child through the national laws.
The UNCRC also provides a wide range of alternative care options including foster
placement, kafālah of Islamic law, adoption and institutional care. Besides that, The
United Nations Declaration on Social and Legal Principles Relating to the Protection and
Welfare of Children, With Special Reference to Foster Placement and Adoption Nationally
and Internationally 1986 embraces provisions for child protection and placement,
especially in foster care and adoption either nationally or internationally. It follows that,
it is imperative for states including Malaysia to take steps in strengthening child
protection system for children in need of care and protection through family-based care
such as adoption and foster care.
3. Foster Care in Other Countries
3.1. United Kingdom (UK)
In the UK, foster care is well developed and has been widely practiced. Bainham (1990)
examines provisions regarding foster care as has been provided for in the Children Act
1989 (CA UK), which governs foster care in the England. The discussions have been made
on the duty of local authorities to accommodate children in need of care and protection.
The regulations and procedures pertaining to foster care have been explained by the
author. In addition, the author has analysed the requirement of notification in private
fostering arrangements between natural parents and foster parents. This is to ensure
that the local authority can supervise the welfare of the children. Unlike the law in
Malaysia, the CA UK provides the details for foster care in the UK. Similarly, Feldman
(1992) discusses in detail about the provisions in the CA UK as well as other regulations
pertaining to foster care. The foster placement regulations that deal with either a child
who is placed with foster parents or with relatives and friends, as well as the criteria for
the approval of local authority foster parents, have been well explained by the author.
Besides that, children looked after by voluntary organizations can also be placed in foster
care. However, the local authority will supervise the act of voluntary organizations in
placing the children in foster care by visiting the foster children after placement has been
arranged. Since these works were written in the 1990s, the information regarding the
foster care legislation did not cover the latest development and amendments.
Some authors have discussed certain issues related to the practice of foster care
especially concerning the foster child’s status. Schofield (2000) examines the effect of
parental responsibility on children in long term foster care. Anyone who has parental
responsibility can decide the child’s upbringing. The author has defined children in foster
care as those who are accommodated by the local authority and those who are the
subject of a care order. The parental responsibility is different for these two groups. For
children accommodated under section 20 of the CA UK of the CA UK, the parental
responsibility is held by the natural parent. Whereas for a child who is the subject of a
care order, his parental responsibility is held by the local authority and natural parents.
Foster parents do not have the power to make decisions in the upbringing of foster
5
children unless they obtain parental responsibility through the court. Fortin (2005)
writes about the preservation of blood ties between the foster children and the natural
parents. Other than adoption order, the court may grant foster parents with parental
responsibility for foster children through a residence order. If the court grants the
adoption order, the blood ties of the child with his natural parents can be totally cut off.
Therefore, while foster parents can obtain parental responsibility for foster children, the
blood relationship between the foster children and their natural parents are also
maintained. Other than parental responsibility, there is no further discussion regarding
legal consideration in foster care in these works.
Bainham (2005) discusses the nature of foster parenthood. The foster placements of
children have been examined in two categories, private foster parents and local authority
foster parents. All the regulations in these fostering arrangements, like the Fostering
Services Regulations 2002 and The Children (Private Arrangements for Fostering)
Regulations 1991 have been included in the discussion. It includes the amendment to the
CA UK pertaining to foster care. Similarly, Diduck and Kaganas (2006) write about the
law on foster care, as well as regulations in the fostering arrangements by private foster
parents and local authority foster parents with the Children (Private Arrangements for
Fostering) Regulations 2005 with several decided cases. All the relevant laws pertaining
to foster care as well as regulations of fostering services in the UK have also been well
explained by McFarlene and Reardon 2006). They explain about the foster care
procedures as well as rights and duties of foster parents. The authors have discussed
about foster placement either by local authority or private organizations. Children can
also be placed in foster care with relatives or friends, or local authority foster parents or
private foster parents. Although the development of foster care legislation has been
mentioned in these works, it still lacks the latest development of foster care law in the
UK especially England.
Since there are specific laws on foster care in the UK especially England, all the
procedures and process have been clearly stated. All the research pertaining to foster
care in the UK can be a good comparative study, as well as a good example for Malaysia
to introduce a proper law regarding foster care.
3.2. Australia
Parkinson (2009) writes on the dispute of custody of a child to non-parents, including

foster parents. In general, the author has analysed family law in Australia. In discussing
the general principles of parenting orders, the issue arises on whether a child’s welfare is
best served in the care of natural parents or foster parents. Several decided cases have
been referred to by the author in analysing the position of non-parents in obtaining
custody of a child. Nevertheless, this work lacks details regarding foster care as a
protection measure for children in Australia.
In general, statutory child protection in Australia is based on each state and territory
government. For instance, Ombudsman Victoria (2010) examines the administration of
the out of home care system in Victoria and the level of care and protection being
provided for children. The report has focused on child safety in the out of home care
system. The practice of the government to deliver out of home care services, including
foster care and matters regarding the registration of foster care service providers,
registration standards as well as recruiting of foster parents have also been included in
the discussion. The adequacy of financial supports for foster parents has also been
6
mentioned by the author. The author, however, does not discuss in detail regarding the
legislation of foster care in Victoria.
In Victoria, foster care is provided under the provision of out of home care inhild the
Children, Youth and Families Act 2005. The Department of Families, Fairness and
Housing State Government of Victoria (2019) fund foster care agencies to recruit and
support foster carers. In addition, financial support for foster carers is based on the
needs and age of the child in their care (Department of Families, Fairness and Housing
State Government of Victoria, 2021). This works provides details regarding foster care in
Victoria but there is no sufficient information regarding the effectiveness of the law in
regulating foster care in Victoria.
3.3. Singapore
Children protection in Singapore was highlighted by the Research and Advocacy

Standing Committee, Singapore Children’s Society (2010). The literature has included the
legislation, the Children and Young Persons Act 1949, in its discussion. The author also
points out about family foster care as one of the substitute services to be arranged for
children whose parents are unable to perform their duties. Leong (2007) highlights
about family law in Singapore. The author has provided discussion on child protection
law, the Children and Young Persons Act 1949. However, since there is no express
provision on foster care in the legislation, foster care has been excluded from the
discussion.
In Singapore, there is no specific legislation on foster care and family-based care through
Fostering Scheme is administered based on the practice of the Ministry of Social and
Family Development (MSF). The MSF provides guidelines on how to apply to be a foster
parent and it has established partnerships with Fostering Agencies (FAs) since 2015 in
providing fostering services to vulnerable children. Prospective foster parents will have
to go through a rigorous process like interview and background check by a panel before
they can be qualified as foster parents. All foster parents are provided with allowances
and support by the MSF. The MSF will also be responsible to make observations on the
foster child while in the care of the foster parents (Ministry of Social and Family
Development, 2021a; 2021b; 2021c).
4. Muslim Countries
Kafālah has been administered in Muslims countries in providing a family environment

for children in need of care and protection, especially for orphans and abandoned
children. Megahead (2008) highlights the position of family foster care in Egypt in
providing care for abandoned children since its establishment in 1959. The author has
analysed the profile of foster children, foster parents as well as relevant legislation.
Kafālah is provided for under the Child Law No. 12 of 1996 and the author has pointed
out several provisions regarding reunification of abandoned children with its natural
parents. The role of Childhood and Motherhood Care Centre for the abandoned babies
has been briefly explained.
UN Committee on the Rights of the Child (2010) has provided discussion on the kafālah
system in Bahrain’s second and third periodic reports on the CRC. The Fosterage Act has
been approved by the Cabinet to regulate its kafālah system. This is to ensure that all the
rights of foster child and foster family are protected, and also to address their respective
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needs and duties. Applicants are required to fulfil the requirements of foster parents
before they are qualified to look after a child. The report also noted that the Fosterage
Committee has been established to oversee the system.
Kafālah in Morocco is regulated by Dahir No. 1- 02-172 of 13 June 2002 on the

promulgation of Law No.15-01 concerning the placement (kafālah) of abandoned
children (Law, No.15- 01, 2012). Law No.15-01 defines kafālah as the commitment of
foster parents to be responsible for the protection, education and maintenance of an
abandoned child, which basically the same as to what a father would do for his child
except there is no right to filiation and inheritance (Kingdom of Morocco Ministry of
Justice and Freedom, 2012). While in Jordan, family-based care is implemented through
individual ihtihdhan based on the Child Protection Rules 1972, Iḥtiḍan Instructions 2013
and the practice of the Ministry of Social Department (Mohd & A.Kadir, 2014). Each of
the law provides their own criteria with regard to the eligibility of foster parents. Both
kafālah and ihtihdhan are types of care based on the Islamic principles. They reflect the
concept of foster care in which a child is looked after by foster parents without
attributing him or her any rights to filiation and inheritance. Kafālah and ihtihdhan
orders would not render the prospective foster parents as the legal parents since it does
not terminate the legal relationship between the child and his or her birth parents. They
are usually based on long term foster care.
These works have provided a discussion on the law and practice of foster care in several
Muslim countries. Nevertheless, the discussion on the effectiveness of foster care as a
protection measure for abandoned children seems inadequate.
5. Malaysian Perspective
Children in need of care and protection have been defined under section 17 of the Child
Act 2001 to include needy, orphans as well as abandoned, abused and neglected children.
These children are considered as children who are deprived of their family environment
since they either have no families to look after them or they have to be separated from
their families. As a result, these children require assistance from the state authority to
provide them with alternative or substitute family care through child protection system.
However, in Malaysia institutional or residential care seems to be a main response for
vulnerable children and the number also greater than children who have been adopted
or fostered although there was no specific data or statistics with regard to that (UNICEF
EAPRO, 2006). Significantly, there is a growing international trend in developing family-
based care for the vulnerable children. It follows that in Malaysia, The Child Act
(Amendment) 2016 considers family-based care for children as a priority and
institutional care as a last resort. This is in line with Article 20 of the UNCRC in which it
has emphasized that residential care should be as a last resort in providing alternative
care for children who are deprived of their family environment. The implementation of
family-based care was from 2017 after the amendment came into force in which the
biological and foster parents are given priority to acquire the custody of children in need
of care, protection and rehabilitation through the process of deinstitutionalization of
children (Chan, 2015). Some efforts have been made by the authorities to ensure that
these children are not placed in institutions not only through the deinstitutionalization
process but also back to community service. This is because compared to institutional
care, family-based care offers vulnerable children with a family setting where they can
thrive well especially with regard to their physical, intellectual and mental development.
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Wih regard to foster care in Malaysia, not much research has been done on foster care
from the legal perspective. There is no definition of foster care in the Child Act 2001.
Nevertheless, “foster parent’ has been defined as a person, not being a parent or a
relative of a child —
(a) to whom the care, custody and control of a child has been given by order of
a Court under subparagraph 30(1)(c)(i); or;
(b) permitted by the Protector under section 35 or 37, as the case may be, to
receive a child into his care, custody and control.
There are some relevant studies on certain topics that are close to foster care especially
before the Child Act amendments in 2016 (CA 2001). For example, Sridevi Thambapillay
(2002) discusses about the effects of the CA 2001 on the family law in Malaysia. The
author examines several provisions regarding foster care as provided for by the CA 2001,
especially section 30. There is also discussion on whether the natural parents can claim
their children back after they are subject to the court order to place the children in foster
placement. Though the provisions are well examined by the author, there is still lack of
detail pertaining to the definition and the concept of foster care itself. Rasamani (2004)
compiled all the relevant laws applicable to children. The author highlighted the
provisions on foster care under the CA 2001. For instance, an order made by the court to
place the child under the temporary care of foster parents under section 30(1)(e) of the
CA 2001. Nevertheless, the author did not mention the procedures in fostering a child
since the CA 2001 is silent on this matter.
Mohd (2004) writes on the law of foundling, from the Islamic legal principles and the law
in Malaysia. The author points out that adoption and foster care are means to protect the
abandoned child. The practice of foster care in Malaysia has been well explained by the
author. She identified the limited provisions under the CA 2001 that refer to foster care,
as well as the role of the Malaysian Social Welfare Department (SWD) in the foster care
process. She noted that there is no specific provision on foster care under the Islamic law
of the State Enactments in Malaysia. The position of foster care in Australia has also been
discussed since there is a specific law regulating foster care. The author is of the opinion
that a proper law regarding regulation of foster care should be introduced to improve the
foster care process in Malaysia.
Chan (2005) discusses the role of the social worker in foster care. The author discussed
briefly the concept of foster care with reference to western literature. The practice of the
SWD in fostering a child is also mentioned with regard to the position of foster care in
Malaysia. The author highlights that the CA 2001 has a little information on foster care,
but there is no detailed explanation with regard to social work practice in Malaysia.
UNICEF (n.d) has examined foster care as one of the alternative care options for children
without primary caregivers in the tsunami-affected countries, which includes Malaysia.
This article has pointed out about foster care as has been practiced in Malaysia, as well as
the involvement of the SWD in the process. Family or ‘cottage’ care in Malaysia, such as
Rumah Tunas Harapan, is highlighted as providing a family-like environment by the
participation of foster parents in looking after children with no parent or guardian. The
‘cottage’ care is based on a smart partnership between government, NGOs and the
private sector. However, this article did not mention about the principles and guidelines
of the foster care system in Malaysia.
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In Malaysian initial report on the Convention on the Rights of the Child 1989 (2007),
several statutes have been mentioned pertaining to children, some of which are relevant
to foster care in Malaysia, such as the CA 2001 and Guardianship of Infants Act 1961
(GIA). This report also states that children who are deprived of their family environment
will be placed in the care, custody and control of foster parents. The introduction of the
Family System Children’s Home in providing proper care, protection and love in a family
environment for foster children has also been mentioned. Besides that, discussions are
made on fostering in the application of adoption, the concept of kafālah under the Islamic
Family Law (Federal Territories) Act 1984 (IFLA) and the involvement of the SWD, NGOs
as well as the private sector in providing welfare services for children in need of care and
protection. Nevertheless, this report lacks of details pertaining to the concept of foster
care itself in Malaysia.
The concept of foster care in Sharīʽah has been examined by Mohd (2007) as tarbiyyah,
which refers to the act of taking a child into the custody of foster parents or someone
who is not a legal guardian, for the purpose of taking care of the child. She identifies that
foster care is allowed in Sharīʽah as long as it does not affect the biological family roots of
the child. By referring to Qur’ān and Sunnah, she points out that the concept of foster care
in Sharīʽah aims to help those children in need of care and protection, such as those who
have been abandoned. She suggests fosterage or suckling in encouraging foster care, as
well as being a solution to social problem in foster family. Relevant provisions in the CA
2001 pertaining to foster care have also been well explained by her. However, there are
no specific procedures, guidelines or principles on the concept of foster care in Malaysia.
Suhor (2008) discusses the definition, concept and the procedures of adoption in
Malaysia. In the application for adoption there is a probation period. In this period the
child is fostered to develop love and affection toward the foster family before he or she
can be legally adopted. There is nothing mentioned about foster care, other than
fostering as a requirement before the child can be adopted.
Che Soh@Yusoff (2008) examines the development of the welfare of the child principle
as the paramount consideration of the court in custody determination. The author has
discussed the child’s welfare principle in custody disputes under common law, Malaysian
law and other jurisdictions like the UK and Australia. The custody of the child with foster
parents under common law has been highlighted in relation to the welfare of the child.
Protection of child’s welfare in cases where the child is deprived of parental care, like
orphan and abandoned child under Islamic law, has also been briefly mentioned with
reference to Quranic verses.
Rozario (n.d) highlights on foster care as one of the methods to adopt a child. The author
has explained about the application process for fostering a child through the SWD based
on information given by the Assistant Director of the Department’s Children’s Division.
The author revealed that the process for fostering a child is similar for Muslim and non-
Muslim. The child is fostered before they can legally adopt the child. The author clarified
that Muslims can only adopt a Muslim child and it is also applicable in fostering a child.
However, there is a lack of information about the real concept of foster care in Malaysia.
Kahar (2010) examines the development of law and policy affecting children in family
law and child protection law. The author has covered nine Malaysian Plans in the
discussion, as well as several social policies. The author also highlights child care and
protection laws. Legislation like the CRC and Malaysian CA 2001 have been mentioned.
10
National Child Policy 2009 and National Child Protection Policy 2009 have also been
briefly discussed as giving better protection to children in care. All discussions have been
made in relation to the issue of children’s welfare in Malaysia. Certain policies and
legislation that have been used to promote a child’s best interests in other jurisdictions,
including Muslim countries, have also been examined. Nevertheless, there is no specific
detail with regard to foster care.
Abdul Rahman (n.d) discusses the application process of adoption through the SWD. She
also mentions about fostering a child under the administration of the SWD. Based on the
practice of the SWD, the child will be placed in the care of suitable foster parents.
Similarly, in this article there is no definition or detail about the concept of foster care in
Malaysia.
Mohd (2008) and A.Kadir (2011) point out that adoption and foster care are among the
means to protect children in need of care and protection such as abandoned children in
Malaysia. Chan (2008) provides a discussion on the concept of foster care and adoption
through comparative analysis. This study provides good insights to the concept and
practice of foster care and adoption in Malaysia. Morever, Bajuri, Sarnon@Kusenin, Saim
and Ibrahim (2018) conducted a study to explore the knowledge of foster parents who
have cared for foster children for a certain period of time based on the concept of foster
care. The study found that the knowledge of foster parents on the concept of family-
based foster care was obtained from their own experiences as foster parents. The
knowledge includes three main aspects, namely (1) the definition of the concept of family
based foster care, (2) the method of foster care and (3) the characteristics of foster
parents. In another study, the authors (2018) discuss about the knowledge of foster
parents on the concept of family-based foster care through 3 aspects, namely, (i)
misunderstanding of the concept of family-based foster care, (ii) confusion of the concept
of family-based foster care and adoption and (iii) experience-based sources of
knowledge. Similarly, Chan and Raja Halim (2019) examine the understanding of foster
care applicants on the concept of foster care in Malaysia from three aspects, namely, (i)
there is no definition of the term of foster child, (ii) the original intention to apply for
foster care, and (iii) the feeling of being cheated after receiving a foster child. These
studies have focused and supported the practice of foster care and adoption as family-
based care mostly from the perspective of foster parents. Thus, there is still lack of
information regarding the law and policy on foster care in Malaysia as a suitable
alternative care option for children in need of care and protection.
A.Kadir (2011) and Mohd and A.Kadir (2014) examine the concept of foster care and its
practice in Malaysia based on the limited legal provisions. Similarly, the authors highlight
the procedure of fostering a child based on the Social Welfare Department's practice.
A.Kadir and Mohd (2021) further investigate the role of private sector in providing foster
care service for children without parental care in Malaysia. Although private sector
including non-governmental organisations actively participate in providing institutional
care for children, there are restrictions for them to provide family foster care service.
This is because, at present only the Social Welfare Department has the sole authority to
provide foster care. OrphanCare is allowed to arrange foster care subject to the Social
Welfare Department's approval.
Since there is no specific law on foster care in Malaysia, the procedures for fostering a
child are based on the practice of the SWD. In this regard, Jabatan Kebajikan Masyarakat
(2022) provides some information, for instance, regarding the application to foster a
11
child, qualifications, fostering allowances and procedures. Nevertheless, the information

lacks necessary details as to the real concept of foster care as well as its guidelines.
6. Conclusion
There is a comprehensive literature on foster care from a legal perspective but small
literature in the context of Malaysia since there is no specific legislation governing it. At
present, foster care is administered based on the practice of the SWD. Since there are
limited resources on foster care in Malaysia and lack of detail in the existing research,
further research needs to be done. Thus, this research is very significant to provide
recent information on foster care in Malaysia as well as to improve the protection of
parentless children by suggesting a proper law on foster care. It is timely to govern foster
care formally as a child protection measure in order to move towards family-based care
for children in need of care and protection in Malaysia.
Acknowledgement
Part of this article was extracted from Research Project - Geran Galakan Penyelidik
Muda (GGPM), Universiti Kebangsaan Malaysia.
Funding
This study received funding from Geran Galakan Penyelidik Muda (GGPM), Universiti
Kebangsaan Malaysia [GGPM-2022-059]
Conflict of Interests
The authors reported no conflicts of interest for this work and declare that there is no
potential conflict of interest with respect to the research, authorship, or publication of
this article.
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Malaysian Journal of Social Sciences and Humanities (MJSSH) (e-ISSN : 2504-8562)

2022, Volume 7, Issue 12, e002002

Foster Care as A Child Protection Measure in Malaysia: A Literature

Nadhilah A.Kadir1* , Azizah Mohd2

Contribution/Originality: This study contributes to build an inclusive society in line

recommended the development of family-based care within a range of alternative care

2.1. Concept of Foster Care

2.2. International Legal Framework for Foster Care

3. Foster Care in Other Countries

3.1. United Kingdom (UK)

Parkinson (2009) writes on the dispute of custody of a child to non-parents, including

Children protection in Singapore was highlighted by the Research and Advocacy

Kafālah has been administered in Muslims countries in providing a family environment

Kafālah in Morocco is regulated by Dahir No. 1- 02-172 of 13 June 2002 on the

child, qualifications, fostering allowances and procedures. Nevertheless, the information

Jabatan Kebajikan Masyarakat (2022). Tatacara Permohonan Anak Pelihara. Jabatan

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