Children's Act, 2005 (Act No. 38 of 2005)RegulationsGeneral Regulations Regarding Children, 2010Chapter 11 : Children in Need of Care and Protection (Sections 150-160 of the Act)54. Bringing of child before children’s court to decide whether child is in need of care and protection |
(1) | A child— |
(a) | whose placement in temporary safe care has been confirmed by a presiding officer; or |
(b) | who is not in temporary safe care but is the subject of an investigation as to whether he or she is in need of care and protection; |
(c) | who is a victim of trafficking and has been returned to the Republic as contemplated in section 286(1) of the Act; or |
(d) | who is a victim of trafficking and is found in the Republic as contemplated in section 289(1) of the Act, |
must be brought or caused to be brought before the children's court of the district where the child resides, is found or happens to be, by a designated social worker or, in the case of a child referred to in paragraph (b), be brought by his or her parent, guardian or care-giver for a decision on whether the child is in need of care and protection by not later than 90 days after—
(i) the removal of the child to temporary safe care, in the case of a child contemplated in paragraph (a);
(ii) the commencement of the investigation, in the case of a child contemplated in paragraph (b);
(iii) the date of return of the child to the Republic, in the case of a child contemplated in paragraph (c); or
(iv) the date upon which the child was found in the Republic, in the case of a child contemplated in paragraph (d).
(2) | The parent, guardian or care-giver of a child as contemplated in sub-regulation (1 )(a), (b) or (c) must be notified by the clerk of the court to attend proceedings of the children's court where a decision will be made as to whether the child is in need of care and protection in a form identical to Form 37. |