Special Investigating Units and Special Tribunals Act, 1996
R 385
Child Care Act, 1983 (Act No. 74 of 1983)Chapter 3 : Protection of Children15. Powers of children’s courts after inquiry |
| 1) | A children's court which, after holding an inquiry in terms of section 13, is satisfied that the child concerned is a child in need of care may - |
| a) | order that the child be returned to or remain in the custody of his parents or, if the parents live apart or are divorced, the parent designated by the court or of his guardian or of the person in whose custody he was immediately before the commencement of the proceedings, under the supervision of a social worker, on condition that the child or his parent or guardian or such person complies or the parents of the child comply with such of the prescribed requirements as the court may determine; or |
| b) | order that the child be placed in the custody of a suitable foster parent designated by the court under the supervision of a social worker; or |
| c) | order that the child be sent to a children's home designated by the Director-General; or |
| d) | order that the child be sent to a school of industries designated by the Director-General. |
| 2) | If any requirement mentioned in subsection (1)(a) of this section is in the opinion of the social worker concerned not being complied with, the child concerned may be brought by that social worker before the children’s court of the district in which the child resides, whether or not it is the children’s court which made the order under subsection (1)(a) of this section, and which shall hold an inquiry in terms of section 13(3), after which the court may vary the said order or make a new order under subsection (1) of this section. |
| 3) | A children's court which has made an order under subsection (1)(b), (c) or (d) may also order that the child be kept in a place of safety until such time as effect can be given to the order which the court has made. |
| 4) | A children’s court may make an order under this section in respect of any person who at the commencement of the inquiry in the course of which the order is made, was under the age of 18 years, notwithstanding that before the date of the order that person has attained the age of 18 years. |
| 5) |
| a) | If the Director-General cannot designate a children’s home in terms of subsection (1)(c) or a school of industries in terms of subsection (1)(d), he shall without delay furnish the Minister with a report in connection with the child concerned. |
| b) | The Minister may, after consideration of the Director-General’s report referred to in paragraph (a), deal with the child concerned in terms of section 34 or section 37 as if the child has been admitted to a children’s home or a school of industries, as the case may be. |
