NGO: Welfare officers have unfettered powers to declare mums 'unfit'

The absence of clear procedures for declaring mothers “unfit” has empowered Welfare Department officers to frequently and arbitrarily take custody of babies from their mothers even in hospitals in Peninsular Malaysia.

Addressing a Malaysiakini report detailing the plight of Bajau Laut mothers losing or nearly losing their babies to adoption without consent after being admitted to Hospital Lahad Datu, child rights activist Hartini Zainudin said the practice was not unique to that hospital.

“The officers simply make decisions at the hospital and we have intervened in many cases across the peninsula.

“Not all cases involve stateless mothers. Many are Malaysian mothers too,” said the Yayasan Chow Kit founder.

The foundation, which supports at-risk children, has also acted as a guarantor for new mothers, settled hospital bills, and assured the Welfare Department of family notification.

“I have been doing this for the past decade and we have issued at least two such guarantor letters every year, taking responsibility for the welfare of the mothers and their babies.

“During each instance where the officer seeks to take custody of a baby, they fail to provide convincing reasons for deeming the mother unfit to care for her child,” Hartini (top picture) said. 

Mothers kept in the dark

For decades, the unfettered authority of Welfare Department officers has kept mothers shrouded in ignorance, leaving them uninformed about the criteria, assessment methods, and the overseeing authority.

“What are the criteria, how they assess, and who is monitoring these assessments are all unknown to us,” she said.

Although the inability to settle the hospital bill was never cited as a reason, Hartini said in all the cases she has intervened, the mothers are young and poor. 

Other circumstances that do not reflect a standard pattern of assessment include mothers who were as old as 26, mothers who were married, and some even with family support present.

Giving other examples of inapt responses from the officers, Hartini said: “Common responses include statement like ‘this mother is not capable of caregiving’ (Mak ini tak mampu jaga) or ‘we have determined that the family is unable to provide care’ (Kami tentukan keluarga tak mampu jaga).”

Health Department has key role

A little-known fact is that the Health Ministry plays a key role in the separation of babies from their mothers.

The ministry houses its own welfare unit in each hospital which identifies potentially “unfit” mothers to the Welfare Department.

“The Health Ministry is reporting these mothers to the Welfare Department because they make the phone call.

“The primary responsibility of the Health Ministry is to ensure the safety and wellbeing of both mother and baby, and this includes promoting their health and keeping them together. 

“Your role (Health Ministry) should not involve separating babies from their mothers as that goes beyond your intended duties,” Hartini said.

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