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

Chapter 9 : Child in need of care and protection

Purchase

(1)	A children's court may issue an order placing a child in the care of a child and youth care centre only if another option is not appropriate.

(2) If a children’s court decides that a child should be placed in the care of a child and youth care centre, the court must—

(a) determine the residential care programme best suited for the child; and

(b) order that the child be placed in a child and youth care centre offering that particular residential care programme.

(3)	The provincial head of social development in the relevant province must place the child in a child and youth care centre offering the residential care programme which the court has determined for the child, taking into account —

(a)	the developmental, therapeutic, educational and other needs of the child;

(b)	the permanency plan for the child which was considered by the court, and any instructions issued by the court with regard to the implementation of the permanency plan;

(c)	any other instructions of the court;

(d)	the distance of the centre from the child’s family or community;

(e)	the safety of the community and other children in the centre, in the case of a child in need of secure care; and

(f)	any other relevant factors.

(4)	The provincial head of social development must, as a general rule, select a centre offering the programme ordered by the court which is located as close as possible to the child’s family or community.