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

Chapter 9 : Child in need of care and protection

Part 2 : Children’s court processes

156. Orders when child is found to be in need of care and protection

 

(1) If a children's court finds that a child is in need of care and protection the court may make any order which is in the best interests of the child, which may be or include an order—
(a) referred to in section 46;
(b) confirming that the person under whose control the child is may retain control of the child, if the court finds that that person is a suitable person to provide for the safety and well-being of the child;
(c) that the child be returned to the person under whose care the child was before the child was placed in temporary safe care, if the court finds that that person is a suitable person to provide for the safety and well-being of the child;
(d) that the person under whose care the child was must make arrangements for the child to be taken care of in a partial care facility at the expense of such person, if the court finds that the child became in need of care and protection because the person under whose care the child was lacked the time to care for the child;
(e) if the child has no parent or care-giver or has a parent or care-giver but that person is unable or unsuitable to care for the child, that the child be placed in—
(i) foster care with a suitable foster parent;
(ii) foster care with a group of persons or an organisation operating a cluster foster care scheme;
(iii) temporary safe care, pending an application for, and finalisation of, the adoption of the child;
(iv) shared care where different care-givers or centres alternate in taking responsibility for the care of the child at different times or periods; or
(v) a child and youth care centre designated in terms of section 158 that provides a residential care programme suited to the child’s needs;
(f) if the child lives in a child-headed household, that the child must remain in that household subject to section 137;
(g) that the child be placed in a facility designated by the court which is managed by an organ of state or registered, recognised or monitored in terms of any law, for the care of children with disabilities or chronic illnesses, if the court finds that—
(i) the child has a physical or mental disability or chronic illness; and
(ii) it is in the best interests of the child to be cared for in such facility;
(h) that the child be placed in a child and youth care centre selected in terms of section 158 which provides a secure care programme suited to the needs of the child, if the court finds—
(i) that the parent or care-giver cannot control the child; or
(ii) that the child displays criminal behaviour;
(i) that the child receive appropriate treatment or attendance, if needs be at state expense, if the court finds that the child is in need of medical, psychological or other treatment or attendance;
(j) that the child be admitted as an inpatient or outpatient to an appropriate facility if the court finds that the child is in need of treatment for addiction to a dependence-producing substance; or
(k) interdicting a person from maltreating, abusing, neglecting or degrading the child or from having any contact with the child, if the court finds that—
(i) the child has been or is being maltreated, abused, neglected or degraded by that person;
(ii) the relationship between the child and that person is detrimental to the well-being or safety of the child; or
(iii) the child is exposed to a substantial risk of imminent harm.

 

(2) The court that makes an order contemplated in subsection (1) may order that the child concerned be kept in temporary safe care until such time as effect can be given to the court’s order.

 

(3) An order made by the court in terms of subsection (1)—
(a) is subject to such conditions as the court may determine which, in the case of the placement of a child in terms of subsection (1) (e) (i), (ii), (iii), (iv) or (v), may include a condition—
(i) rendering the placement of the child subject to supervision services by a designated social worker or authorised officer;
(ii) rendering the placement of the child subject to reunification services being rendered to the child and the child’s parents, care-giver or guardian, as the case may be, by a designated social worker or authorised officer; or
(iii) requiring the person in whose care the child has been placed, to co-operate with the supervising designated social worker or authorised officer or to comply with any requirement laid down by the court, failing which the court may reconsider the placement; and
(b) may be reconsidered by a children's court at any time, and be confirmed, withdrawn or amended as may be appropriate.

 

(4) If a court finds that a child is not in need of care and protection the court may nevertheless issue an order referred to in subsection (1) in respect of the child, excluding a placement order.