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

Chapter 12 : Foster Care

186. Duration of foster care placement

 

(1) A children's court may, despite the provisions of section 159(1)(a) regarding the duration of a court order, after a child has been in foster care with a person other than a family member for more than two years and after having considered the need for creating stability in the child's life, order that—
(a) no further social worker supervision is required for that placement;
(b) no further social worker reports are required in respect of that placement; and
(c) the foster care placement subsists until the child turns 18 years, unless otherwise directed.

 

(2) A children's court may, despite the provisions of section 159(1)(a) regarding the duration of a court order and after having considered the need for creating stability in the child's life, place a child in foster care with a family member for more than two years, extend such an order for more than two years at a time or order that the foster care placement subsists until the child turns 18 years, if—
(a) the child has been abandoned by the biological parents; or
(b) the child's biological parents are deceased; or
(c) there is for any other reason no purpose in attempting reunification between the child and the child's biological parents; and
(d) it is in the best interest of the child.

 

(3) Despite the provisions of subsections (1) and (2), a social service professional must visit a child in foster care at least once every two years to monitor and evaluate the placement.