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

Chapter 4 : Children’s Courts

Part 1 : Establishment, status and jurisdiction

46. Orders children’s court may make


(1) A children's court may make the following orders:
(a) An alternative care order, which includes an order placing a child-
(i) in the care of a person designated by the court to be the foster parent of the child;
(ii) in the care of a child and youth care centre; or
(b) an order placing a child in a child-headed household in the care of the child heading the household under the supervision of an adult person designated by the court;
(c) an adoption order, which includes an inter-country adoption order;
(d) a partial care order instructing the parent or care-giver of the child to make arrangements with a partial care facility to take care of the child during specific hours of the day or night or for a specific period;
(e) a shared care order instructing different care-givers or child and youth care centres to take responsibility for the care of the child at different times or periods;
(f) a supervision order, placing a child, or the parent or care-giver of a child, or both the child and the parent or care-giver, under the supervision of a social worker or other person designated by the court;
(g) an order subjecting a child, a parent or care-giver of a child, or any person holding parental responsibilities and rights in respect of a child, to—
(i) early intervention services;
(ii) a family preservation programme; or
(iii) both early intervention services and a family preservation programme;
(h) a child protection order, which includes an order-
(i) that a child remains in, be released from, or returned to the care of a person, subject to conditions imposed by the court;
(ii) giving consent to medical treatment of, or to an operation to be performed on, a child;
(iii) instructing a parent or care-giver of a child to undergo professional counselling, or to participate in mediation, a family group conference, or other appropriate problem-solving forum;
(iv) instructing a child or other person involved in the matter concerning the child to participate in a professional assessment;
(v) instructing a hospital to retain a child who on reasonable grounds is suspected of having been subjected to abuse or deliberate neglect, pending further inquiry;
(vi) instructing a person to undergo a specified skills development, training, treatment or rehabilitation programme where this is necessary for the protection or well-being of a child;
(vii) instructing a person who has failed to fulfil a statutory duty towards a child to appear before the court and to give reasons for the failure;
(viii) instructing an organ of state to assist a child in obtaining access to a public service to which the child is entitled, failing which, to appear through its representative before the court and to give reasons for the failure;
(ix) instructing that a person be removed from a child’s home;
(x) limiting access of a person to a child or prohibiting a person from contacting a child; or
(xi) allowing a person to contact a child on the conditions specified in the court order;
(i) a contribution order in terms of this Act;
(j) an order instructing a person to carry out an investigation in terms of section 50; and
(k) any other order which a children's court may make in terms of any other provision of this Act.


(2) A children’s court may withdraw, suspend or amend an order made in terms of subsection (1), or replace such an order with a new order.