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Child Justice Act, 2008 (Act No. 75 of 2008)

Regulations

Regulations relating to Child Justice

Chapter 2 : Criminal capacity of children under the age of 14 years and matters related to age

6. Referral of child under the age of 12 years for counselling or therapy

 

(1)

(a) The probation officer must refer  a child for counselling or therapy in terms of section 9(3)(a)(ii) of the Act in writing on a form which corresponds substantially with Form 1 of the Annexure.
(b) The probation officer must attach to Form 1 copies of all relevant documents used in the assessment of the child, including the assessment report referred to in section 40 of the Act.
(c) The probation officer must ensure that Form 1 and all the attachments are received by the person who or institution which will provide the counselling or therapy.

 

(2)        The probation officer must—

(a)        inform—

(i) the parents of the child of the referral, if the parents' whereabouts are known and they are not aware of the referral;
(ii) the appropriate person or guardian of the referral, if the child was handed to an appropriate person or guardian and if the person in question is not aware of the referral; and
(iii) the parents, appropriate person or guardian that they must ensure that the child attends the counselling or therapy; or
(b) submit a copy of Form 1 and the documents referred to in subregulation (1)(b) to the child and youth care centre if the child was handed to the centre.

 

(3) The probation officer who referred a child for counselling or therapy must request the person or institution providing counselling or therapy to submit to the probation officer reports on the child's progress and compliance with the decision on the dates specified by the probation officer.

 

(4) The person or institution providing counselling or therapy must record the progress made by the child for purposes of compiling the reports in terms of subregulation (3).

 

(5) The probation officer must maintain contact with the child in order to be able to assess and evaluate the outcome of the counselling or therapy and the child's compliance with the decision.

 

(6) The probation officer must, after the conclusion of the counselling or therapy, if he or she is of the opinion that the child may be in need of care and protection, make the necessary arrangements for the child to be dealt with in terms of the Children's Act.