Acts Online
GT Shield

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

Regulations

General Regulations Regarding Children, 2010

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

62. Manner in which children in alternative care must be transferred or provisionally transferred, their residential care programmes changed, be removed or permanently discharged from alternative care

 

(1) A child in alternative care—
(a) who is to be transferred from a child and youth care centre or person to another child and youth care centre or person in terms of section 171 of the Act;
(b) whose residential care programme has been changed and is to be transferred to another child and youth care centre or person in terms of section 172 of the Act:
(c) who is to be removed from current alternative care to a specified place of temporary safe care in terms of section 173 of the Act;
(d) who is to be provisionally transferred to another form of care in terms of section 174 of the Act; or
(e) who is to be discharged from alternative care in terms of section 175 of the Act,

must be accompanied by a social worker, social service professional or escort, who must, be employed by the provincial department of social development or by an designated child protection organisation.

 

(2) The travel arrangements for the child and the social worker, social service professional or escort for the purposes of sub-regulation (1) must be made by the child and youth care centre, or a person in whose care or temporary safe care the child is or the provincial department of social development.

 

(3) The costs related to the transport of a child in terms of this regulation, including the costs of an escort, must be paid for out of funds made available for this purpose by the provincial department of social development.

 

(4) A child who is being transported in terms of this regulation—
(a) may not be transported in the back of a marked police vehicle;
(b) must be allowed such reasonable breaks as may be required given the distance that is to be travelled;
(c) must have access to water and food if the distance to be traveled exceeds 100 kilometres; and
(d) must be given access to adequate overnight facilities, shelter and food in the event that the distance to be travelled requires staying over.