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Child Care Act, 1983 (Act No. 74 of 1983)

Chapter 6 : Special provisions regarding pupils, foster children and other children

33. Custody of foster children, pupils and former foster children and pupils

 

1) Subject to the provisions of this Act or any other law, no foster child or pupil shall be transferred from any custody in which he has lawfully been placed, to any institution, custody or supervision mentioned in section 15 of this Act or section 290 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977).

 

2) The provisions of subsection (1) shall not prevent a foster child or pupil from attending or lodging in an educational institution or from receiving treatment in a hospital while he is subject to an order regarding custody which was issued under this Act or any other law.

 

3) On the application of or with the consent of a foster child or a pupil or a former foster child or pupil and, if they can be traced, the parents of such a foster child or pupil, the Minister may approve that that foster child or pupil remain in the custody of the foster parent or institution mentioned in paragraph (c) after -
a) he has attained the age of 18 years;
b) he was discharged under section 37; or
c) an order under section 15 in terms of which he was placed in the custody of the foster parent or institution concerned, has lapsed without its validity being extended by the Minister, in order to enable him to complete his education or training.