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Children's Act, 2005 (Act No. 38 of 2005)

Chapter 11 : Alternative Care

167. Alternative care

 

(1) A child is in alternative care if the child has been placed—
(a) in foster care;
(b) in the care of a child and youth care centre following an order of a court in terms of this Act or the Criminal Procedure Act, 1977 (Act No. 51 of 1977); or
(c) in temporary safe care.

 

(2) A child may not be in temporary safe care or be kept or retained at any place or facility, including a registered child and youth care centre, for longer than six months without a court order placing the child in alternative care.

 

(3)
(a) The provincial head of social development must approve a person, facility, place or premises for temporary safe care in the prescribed manner.
(b) A person, facility, place or premises for temporary safe care must comply with the prescribed criteria.

 

(4) As from the date on which this section takes effect an existing place of safety approved in terms of the Child Care Act must be regarded as having been approved as temporary safe care in terms of this section.