KUALA LUMPUR: The Magistrate's Court today rejected the application by the founder of welfare home Rumah Bonda, Siti Bainun Ahd Razali, to regain custody of one of her adopted children, a three-year-old Indonesian girl.

Instead, Magistrate Norfarahain Roslan ordered the child to be placed under the custody of the Social Welfare Department (JKM).

Lawyer Nur A'minahtul Mardiah Md Nor representing Siti Bainun, 29, said the court also rejected the application of the biological mother to gain custody of the child.

The lawyer said the court rejected her client's application on grounds that according to the Indonesian Consulate, any woman wishing to adopt a child from the country should have reached the minimum age of 30 and has been married for at least five years.

"Therefore, the court ordered the child to be placed at the Tengku Budriah Children's Home in Cheras for three years," she told reporters when met after the proceedings today.

Nur A'minahtul Mardiah also said that her client would file an appeal against the decision at the High Court.

On Aug 2, Siti Bainun, together with four biological mothers of the children filed the application via a joint notice to regain custody of her five adopted children and for the temporary custody of the children obtained by JKM on July 16 to be immediately revoked pursuant to Section 30 (13) (c) of the Child Act 2001.

Nur A'minahtul Mardiah said the application, however, had yet to be decided and the hearing will resume on Nov 2 and 16.

Siti Bainun, the five children and their biological mothers were present during today's proceedings.

The five children, including two who have Down Syndrome, aged between two and 16, were previously under the care of Siti Bainun.

On Aug 20, Siti Bainun was charged in the Sessions Court here today with neglecting a 13-year-old girl with Down Syndrome at a condominium unit in Wangsa Maju here between February and June this year.

The charge, framed under Section 31(1)(a) of the Child Act 2001, provides a maximum fine of RM50,000, or imprisonment for up to 20 years, or both, if found guilty.

-- BERNAMA