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


General Regulations Regarding Children, 2010

Chapter 12 : Alternative Care (Sections 167-179 of the Act)

57. Manner and criteria for approval of person, facility, place or premises for temporary safe care


(1) Subject to sub-regulation (2), approval to provide temporary safe care to a child must be in writing in a form identical to Form 39 a copy of which must be handed to the relevant person, the head of the relevant place, facility or premises immediately upon approval.


(2) Approval to provide temporary safe care to a child may not be granted to a person, facility, place or premises unless the relevant provincial head of social development or the person authorised to grant approval is satisfied that—
(a) the child will be cared for in a healthy, hygienic and safe environment in line with the reasonable standards of the community where the temporary safe care is to be provided;
(b) the child will be provided with adequate nutrition and sleeping facilities;
(c) the person responsible for providing the child with temporary safe care has not been found to be unsuitable to work with children in terms of section 120 of the Act and is willing to provide such care;
(d) the area in which the child is to be placed in temporary safe care will not be severely disruptive to the child's daily routine; and
(e) care will be provided in accordance with the definition of "care" in section 1 of the Act.