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Prevention of and Treatment for Substance Abuse Act, 2008 (Act No. 70 of 2008)

Chapter 8 : Admission, Transfer and Referral to Treatment Centre

42. Admission or transfer to treatment centre

 

(1) A person who must be admitted to a treatment centre in terms of section 35 or who has been transferred to a treatment centre in terms of this Act, must be admitted to the treatment centre concerned until he or she is released on licence in terms of section 47 or he or she is discharged, transferred or returned to any other facility in terms of this Act.

 

(2) The manager of a treatment centre must notify the Director General—
(a) when an involuntary service user is released on licence in terms of this Act and of the particulars of such release;
(b) if an involuntary service user is released after the expiry of 12 months after an order referred to in section 35(7) was made, as to why—
(i) such involuntary service user must be not so discharged;
(ii) he or she has not yet been discharged from treatment center concerned; and
(iii) every 12 months thereafter, if such involuntary service user has not been so discharged,

give further reasons as to why he or she must not be discharged.

 

(3) The magistrate may order the Director-General to discharge such involuntary service user after having considered the report from the Director-General if such report recommends that it is in the interest of an involuntary service user to be discharged.

 

(4) The discharge of an involuntary service user from the effect of any order made under this Act does not preclude the subsequent committal or transfer of the person concerned to a treatment centre.

 

(5)        

(a) If a child is to be placed in a treatment centre in terms of section 35(7) and (8), the Director-General may direct that the child be placed in a child and youth care center in accordance with the provisions of the Children's Act.
(b) If a child is placed in a child and youth care centre, such centre must, subject to section 28(4), be regarded as a treatment centre for the purposes of this Act.