| (ii) |
needs immediate emergency protection; |
| (b) |
that the delay in obtaining a court order for the removal of the child and placing the child in temporary safe care may jeopardise the child’s safety and well-being; and |
| (c) |
that the removal of the child from his or her home environment is the best way to secure that child’s safety and well-being. |
| (2) |
If a designated social worker has removed a child and placed the child in temporary safe care as contemplated in subsection (1), the designated social worker must— |
| (a) |
without delay but within 24 hours inform the parent, guardian or care-giver of the child of the removal of the child, if that person can readily be traced; |
| (b) |
not later than the next court day inform the relevant clerk of the children's court of the removal of the child; and |
| (i) |
matter is placed before the children’s court for review before the expiry of the next court day after placement of the child in temporary safe care; and |
| (ii) |
child concerned, and where reasonably possible, the parent, guardian or care-giver, as the case may be, are present in the children’s court |
[Section 152(2) substituted by section 3(a)(b)(c)(d)(e)(f) of Act No. 18 of 2016]
| (3) |
If a police official has removed a child and placed the child in temporary safe care as contemplated in subsection (1), the police official must— |
| (a) |
without delay but within 24 hours inform the parent, guardian or care-giver of the child of the removal of the child, if that person can readily be traced; |
| (b) |
refer the matter before the end of the first court day after the day of removal of the child to a designated social worker, who must ensure that– |
| (i) |
the matter is placed before the children’s court for review before the expiry of the next court day after the removal of the child; |
| (ii) |
the child concerned, and where reasonably possible, the parent, guardian or care-giver, as the case may be, are present in the children’s court, unless this is impracticable; and |
| (c) |
without delay but within 24 hours notify the provincial department of social development of the removal of the child and of the place where the child has been placed; and |
| (d) |
not later than the next court day inform the relevant clerk of the children’s court of the removal of the child. |
[Section 152(3) substituted by section 3(g) of Act No. 18 of 2016]
| (4) |
The best interests of the child must be the determining factor in any decision whether a child in need of care and protection should be removed and placed in temporary safe care, and all relevant facts must for this purpose be taken into account, including the possible removal of the alleged offender in terms of section 153 from the home or place where the child resides, and the safety and well-being of the child as the first priority. |
| (5) |
Misuse of a power referred to in subsection (1) by a designated social worker in the service of a designated child protection organisation - |
| (a) |
constitutes unprofessional or improper conduct as contemplated in section 27(1)(b) of the Social Service Professions Act, 1978 (Act No. 110 of 1978) by that social worker; and |
| (b) |
is a ground for an investigation into the possible withdrawal of that organisation’s designation. |
| (6) |
Misuse of a power referred to in subsection (1) by a designated social worker employed in terms of the Public Service Act or the Municipal Systems Act constitutes unprofessional or improper conduct as is contemplated in section 27(1)(b) of the Social Service Professions Act, 1978 (Act No. 110 of 1978) by that social worker. |
| (7) |
Misuse of a power referred to in subsection (1) by a police official constitutes grounds for disciplinary proceedings against such police official as contemplated in section 40 of the South African Police Service Act, 1995 (Act No. 68 of 1995). |
(8) Any person who removes a child must comply with the prescribed procedure.
Contingency Fees Act, 1997
