Correctional Services Act, 1998
R 385
Children's Act, 2005 (Act No. 38 of 2005)Chapter 9 : Child in need of care and protectionPart 2 : Children’s court processes158. Placement of child in child and youth care centre |
(1) | A children's court may issue an order placing a child in the care of a child and youth care centre only if another option is not appropriate. |
(2) If a children’s court decides that a child should be placed in the care of a child and youth care centre, the court must—
(a) determine the residential care programme best suited for the child; and
(b) order that the child be placed in a child and youth care centre offering that particular residential care programme.
(3) | The provincial head of social development in the relevant province must place the child in a child and youth care centre offering the residential care programme which the court has determined for the child, taking into account — |
(a) | the developmental, therapeutic, educational and other needs of the child; |
(b) | the permanency plan for the child which was considered by the court, and any instructions issued by the court with regard to the implementation of the permanency plan; |
(c) | any other instructions of the court; |
(d) | the distance of the centre from the child’s family or community; |
(e) | the safety of the community and other children in the centre, in the case of a child in need of secure care; and |
(f) | any other relevant factors. |
(4) | The provincial head of social development must, as a general rule, select a centre offering the programme ordered by the court which is located as close as possible to the child’s family or community. |