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

Chapter 6 : Special provisions regarding pupils, foster children and other children

35. Leave of absence from an institution or custody


1) Leave of absence may be granted -
a) by the management of an institution to any pupil in that institution;
b) with the approval of the social worker concerned, by any foster parent to the child placed in his custody under this Act or the Criminal Procedure Act, 1977 (Act No. 51 of 1977);
c) by the Director-General to any child in a place of safety, for such period and on such conditions as may be prescribed.


a) The management concerned or, with the approval of the social worker concerned, the foster parent concerned may at any time cancel such leave, and that management or foster parent shall cancel such leave if directed thereto by the Minister.
b) On any such cancellation the said management or foster parent shall direct the pupil or foster child to return to the institution or custody from which he was granted leave.


3) Any person who directly or indirectly counsels, induces or aids any child or pupil to whom leave of absence has been granted under subsection (1) not to return to the custody of the foster parent or the institution, or who prevents him from returning to such custody or institution after the expiration of the period of leave or after the cancellation of such leave, shall be guilty of an offence.