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


General Regulations Regarding Children, 2010

Chapter 11 : Children in Need of Care and Protection (Sections 150-160 of the Act)

56C Procedure for approval of child in alternative care to leave Republic


(1) A provincial head of social development who is requested to approve that a child in alternative care should travel out of the Republic:
(a) may authorise such travel only after considering a report of the relevant designated social worker in regard to the travel arrangements and the return of the child;
(b) must, prior to authorising the travel request, obtain the details and itinerary of the planned travel of the child including—
(i) the person accompanying the child;
(ii) the safety of the child; and
(iii) the care and protection measures for child in the destination country; and
(c) may request further information to be furnished by the person seeking the travel of the child before granting the approval requested.


(2) The provincial head of social development may stipulate the terms and conditions for granting approval for the travel of a child who is in alternative care out of the Republic.


(3) The terms and conditions referred to in subregulation (2) may include—
(a) where the said travel requires a visa or other travel documents, that copies of such travel documents are furnished to the head of department at least a week prior to travelling;
(b) the period within which the child is required to be returned to the Republic;
(c) the foster parent or the person responsible for the travel of the child would be required to present the relevant page of the passport confirming that the child has been returned;
(d) the foster parent or the person responsible for the travel of the child would be required to present a written report regarding any incidents relating to the safety, health and care of the child to the designated social worker; and
(e) where necessary, present the child in person at the offices of the designated social worker.


[Regulation 56C inserted by section 3 of the Amendment General Regulations Regarding Children, 2023, Notice No. 4059, GG49659, dated 10 November 2023 ]