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

Chapter 13 : Child and Youth Care Centres

Part 1 : Establishment and registration of child and youth care centre

200. Consideration of application

 

(1) The provincial head of social development must—
(a) within six months of receiving the application consider an application for registration or for the renewal of registration and either refuse the application or grant the registration or renewal with or without conditions, having regard to subsection (2);
(b) issue to the applicant a certificate of registration or renewal of registration in the prescribed form if the application is granted; and
(c) state in the certificate of registration the period for which the registration will remain valid.

 

(2) When deciding an application the provincial head of social development must take into account all relevant factors, including whether—
(a) the child and youth care centre complies with—
(i) the prescribed national norms and standards contemplated in section 194 and such other requirements as may be prescribed; and
(ii) the structural, safety, health and other requirements of the municipality in which the child and youth care centre is or is to be situated;
(b) the applicant is a fit and proper person to operate a child and youth care centre;
(c) the applicant has the necessary skills, funds and resources available to operate the child and youth care centre;
(d) each person employed at or engaged in the child and youth care centre is a fit and proper person to assist in operating a child and youth care centre; and
(e) each person employed at or engaged in the child and youth care centre has the prescribed skills to assist in operating a child and youth care centre.

 

(3) A person unsuitable to work with children is not a fit and proper person to operate or assist in operating a child and youth care centre.

 

(4) The provincial head of social development must consider a report of a designated social worker before deciding an application for registration or renewal of registration.

 

(5) Notwithstanding the provisions of section 193(3) a provincial head of social development may assist the person or organisation operating a child and youth care centre to comply with the prescribed national norms and standards contemplated in section 194 and such other requirements as may be prescribed.