| (1) |
No minor shall be placed under protection without the consent of his or her parent or guardian: Provided that any minor— |
| (a) |
who, as a witness, applies for protection in respect of proceedings against his or her parent or guardian or in which his or her parent or guardian is a suspect; |
| (b) |
who has no parent or guardian; |
| (c) |
whose parent or guardian cannot be identified or found, notwithstanding reasonable efforts to do so; or |
| (d) |
whose parent or guardian is unreasonably withholding or is unable to give his or her consent, |
may be placed under protection without the consent of his or her parent or guardian if the 1 Director is of the opinion that it is necessary to do so for the safety of the said minor.
| (a) |
If the Director, in the circumstances referred to in the proviso to subsection (1), places a minor under protection, he or she must— |
| (i) |
within seven days of such placement; or |
| (ii) |
within such further period as the Judge President of the High Court within whose area of jurisdiction the minor is domiciled or ordinarily resident, may determine in an application made to him or her in chambers by the Director, |
submit to the said Judge President—
| (aa) |
a report setting out his or her reasons for such placement; and |
for consideration by a judge in chambers.
| (b) |
The Director must also furnish to the minor concerned and, where applicable, to his or her parent or guardian, a copy of the report and the draft protection agreement referred to in paragraph (a) |
| (3) |
After consideration of the report and draft protection agreement referred to in subsection (2)(a), the judge may by order— |
| (a) |
set aside the placement under protection; |
| (b) |
confirm the placement under protection and thereupon ratify the draft protection agreement; or |
| (c) |
confirm the placement under protection and thereupon amend the draft protection agreement in the manner which he or she deems— |
| (i) |
to be in the best interests of the minor; and |
| (ii) |
necessary to ensure the safety of the minor. |
| (4) |
If the placement under protection of a minor is set aside in terms of subsection (3)(a), the Director must forthwith discharge such minor from protection. |
| (5) |
Any draft protection agreement ratified or amended in terms of subsection (3), shall constitute a binding protection agreement. |
| (6) |
The Director shall be the curator ad litem of a minor who, without the consent of his or her parent or guardian, has been placed under temporary protection as contemplated in section 8(1) or protection as contemplated in the proviso to subsection (1)· |
Housing Development Agency Act, 2008
