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

Chapter 11 : Alternative Care

174. Provisional transfer from alternative care


(1) A provincial head of social development may, in the best interest of a child at any time whilst the child is in alternative care, issue a notice directing that the child be provisionally transferred from alternative care into another form of care that is not more restrictive, as from a date specified in the notice, for a trial period of not more than six months.


(2) A notice of provisional transfer in terms of subsection (1) may be issued only after—
(a) procedures prescribed by regulation have been followed—
(i) to assess the best interest of the child; and
(ii) to reunite the child with the child's immediate family or other family members, if applicable; and
(b) a report on such assessment and reunification has been submitted to and considered by the provincial head of social development.


(3) Provisional transfer must be managed by a designated social worker to establish the feasibility of—
(a) reunification of the child with the child's immediate family or other family members;
(b) integration into another family; or
(c) a transfer to another child and youth care centre of any other form of placement.


(4) The provincial head of social development—
(a) must revoke the transfer if the child so requests and the social worker so recommends; and
(b) may at the end of or at any time during the trial period confirm the child's placement or discharge the child from alternative care in terms of section 175.


(5) The notice of provisional transfer shall be considered proof of eligibility for any form of state support which would have been payable if the transfer had been permanent.