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

Chapter 9 : Child in need of care and protection

Part 1 : Identification of child in need of care and protection

150. Child in need of care and protection

 

(1) A child is in need of care and protection if such a child—

[Words preceding Section 150(1)(a) substituted by section 5(a) of Act No. 17 of 2016]

(a) has been abandoned or orphaned and does not have the ability to support himself and such inability is readily apparent;
(b) displays behaviour which cannot be controlled by the parent or care-giver;
(c) lives or works on the streets or begs for a living;
(d) is addicted to a dependence-producing substance and is without any support to obtain treatment for such dependency;
(e) has been exploited or lives in circumstances that expose the child to exploitation;
(f) lives in or is exposed to circumstances which may seriously harm that child’s physical, mental or social well-being;
(g) may be at risk if returned to the custody of the parent, guardian or care-giver of the child as there is reason to believe that he or she will live in or be exposed to circumstances which may seriously harm the physical, mental or social well-being of the child;
(h) is in a state of physical or mental neglect; or
(i) is being maltreated, abused, deliberately neglected or degraded by a parent, a care-giver, a person who has parental responsibilities and rights or a family member of the child or by a person under whose control the child is.

[Section 150(1)(a) substituted by section 5(b) of Act No. 17 of 2016]

 

(2) A child found in the following circumstances may be a child in need of care and protection and must be referred for investigation by a designated social worker:
(a) a child who is a victim of child labour; and
(b) a child in a child-headed household.

 

(3) If after investigation a social worker finds that a child referred to in subsection (2) is not a child in need of care and protection as contemplated in subsection (1), the social worker must where necessary take measures to assist the child, including counselling, mediation, prevention and early intervention services, family reconstruction and rehabilitation, behaviour modification, problem solving and referral to another suitably qualified person or organisation.