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Child Care Act, 1983 (Act No. 74 of 1983)

Chapter 6 : Special provisions regarding pupils, foster children and other children

34. Transfer of children and pupils from one custody or institution to another

 

1) The Minister may, by order in writing transfer any pupil or child from any institution to which he or she has lawfully been sent or from any custody (except the custody of his or her parent or guardian or of the person mentioned in section 15(1)(a)) in which or supervision under which he or she has lawfully been placed, to any institution, custody or supervision mentioned in section 15 of this Act.

 

1A)
a) When the Minister transfers a child under subsection (1) to the custody of his parent or guardian or of the person mentioned in section 15 (1) (a), under the supervision of a social worker, the Minister shall determine in the order the requirements with which the child or his parent or guardian or the person mentioned in section 15(1)(a) shall comply.
b) If any requirement referred to in paragraph (a) is in the opinion of the social worker concerned not being complied with, the child concerned may be brought by that social worker before the children's court of the district in which the child resides, which shall hold an inquiry in terms of section 13(3), after which the court may vary the order issued by the Minister or make a new order under section 15(1).

 

2) When the Minister has under subsection (1) dealt with a pupil or child to whom an order made by any court applies, that order shall be deemed to have been varied by the Minister’s order.

 

3) [Deleted by section 4 of Act 13/99]

 

4) If the Minister is of opinion that it is desirable in the interests of a pupil in a reform school to transfer him to a school of industries or to a children's home, the Minister may, after consultation with the management of any school of industries or of any children’s home and after having satisfied himself that the intended transfer will not be prejudicial to the pupils in that school of industries or children’s home, by order in writing transfer the pupil to that school of industries or children’s home, and as from the date of the order the pupil shall be deemed to have been sent to that school of industries or children’s home under section 15.