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Children's Act, 2005 (Act No. 38 of 2005)

Chapter 8 : Prevention and Early Intervention

148. Court may order early intervention programme

 

1) Before making an order concerning the temporary or permanent removal of a child from that child's family environment, a children's court may order—
a) the provincial department of social development, a designated child protection organisation, any other relevant organ of state or any other person or organisation to provide early intervention programmes in respect of the child and the family or parent or care-giver of the child if the court considers the provision of such programmes appropriate in the circumstances; or
b) the child's family and the child to participate in a prescribed family preservation programme.

 

2) An order made in terms of subsection (1) must be for a specified period not exceeding six months.

 

3) When a case resumes after the expiry of the specified period, a designated social worker's report setting out progress with early intervention programmes provided to the child and the family, parent or care-giver of the child, must be submitted to the court.

 

4) After considering the report, the court may—
a) decide the question whether the child should be removed; or
b) order the continuation of the early intervention programme for a further specified period not exceeding six months.

 

5) Subsection (1) does not apply where the safety or well-being of the child is seriously or imminently at risk.