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Child Care Act, 1983 (Act No. 74 of 1983)

Chapter 3 : Protection of Children

14. Holding of inquiries


1) Any children's court holding an inquiry in terms of section 13(3) may at any time during the inquiry order any medical officer or psychologist to examine the child concerned and to report to the court thereanent.


2) The commissioner presiding over a children’s court holding such inquiry shall during that inquiry request any social worker to furnish a report on the circumstances of the child concerned and his or her parents or guardian or the person having the custody of that child.


3) The court holding such inquiry may, if it deems it expedient, from time to time postpone or adjourn the inquiry for periods not exceeding 14 days at a time, and may order that in the interim the child remain in a place of safety or be kept in a place of safety for observation for the information of the court.


4) At such inquiry the children’s court shall determine whether the child before the court is a child in need of care in that -
a) the child has no parent or guardian; or
aA) the child has a parent or guardian who cannot be traced; or
aB) the child -
i) has been abandoned or is without visible means of support;
ii) displays behaviour which cannot be controlled by his or her parents or the person in whose custody he or she is;
iii) lives in circumstances likely to cause or conduce to his or her seduction, abduction or sexual exploitation;
iv) lives in or is exposed to circumstances which may seriously harm the physical, mental or social well-being of the child;
v) is in a state of physical or mental neglect;
vi) has been physically, emotionally or sexually abused or ill-treated by his or her parents or guardian or the person in whose custody he or she is; or
vii) is being maintained in contravention of section 10.
b) [Deleted by section 5 of Act 96/96]