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


General Regulations Regarding Children, 2010

Chapter 6 : Child Protection System (Sections 104-110 and 142(a)-(f) of the Act)

38. Conditions for examination or assessment of abused or neglected children and consent of such children


(1) A child who is suspected of having been abused or neglected must, upon the examination or assessment of such child—
(a) be addressed, in a language which he or she can understand;
(b) be accompanied by a support person of the child's choice, unless he or she is of sufficient maturity and mental capacity to understand the reasons for the assessment or examination and expresses a wish not to be accompanied by such person;
(c) be treated with empathy, care and understanding, with due regard to the child's right to privacy and confidentiality;
(d) as far as possible be examined or assessed in a child-friendly environment;
(e) not be subjected to the presence of any other person who is not required to be present at the examination or assessment; and
(f) not be subjected to cruel or degrading language.


(2) A child must, prior to his or her being examined or assessed for purposes of establishing whether such child has been abused or neglected, consent, either verbally or in writing, to the assessment or examination if such child is of sufficient maturity and has the mental capacity to understand the reasons for the examination or assessment: Provided that an assessment or examination may proceed in the absence of a child's consent if it is deemed to be in the best interests of such child, in which case the reasons for proceeding with the assessment or examination must be noted in writing by the person doing the assessment or examination and explained to the child and to his or her parent, guardian or care-giver.