Statistics Act, 1999
R 385
Children's Act, 2005 (Act No. 38 of 2005)Chapter 11 : Alternative Care170. Child absconding from alternative care |
| (1) | Any police official or designated social worker may apprehend a child in alternative care who— |
| (a) | has absconded from the child and youth care centre or person in whose care or temporary safe care that child has been placed; or |
| (b) | has been granted leave of absence by the child and youth care centre or person in whose care or temporary safe care that child has been placed and who on cancellation or expiration of such leave of absence fails to return to that centre or person. |
| (2) | If a police official or designated social worker contemplated in subsection (1) has reasonable grounds to believe that a child is in or on certain premises, the police official or designated social worker may, without a warrant, enter and search the premises for the purpose of apprehending the child. |
| (3) | A police official referred to in subsection (1) may use such force as may be reasonably necessary to overcome any resistance against the entry or search of the premises as contemplated in subsection (1), including the breaking of any door or window of such premises: Provided that the police official shall first audibly demand admission to the premises and notify the purpose for which he or she seeks to enter such premises. |
| (4) | On apprehending a child in alternative care who has absconded or failed to return in terms of subsection (1), the police official must ensure the safety and well-being of the child concerned, if the child's safety or well-being is at risk, and notify the provincial department of social development or a designated child protection organisation of the fact that the child has been apprehended and of any steps that have been taken with regard to the child. |
| (5) | A child so apprehended or a child who returns, of his or her own accord, to the centre or person in whose alternative care he or she was before absconding— |
| (a) | must without delay be brought before a presiding officer of a children's court; and |
| (b) | may, until brought before a presiding officer of a children's court, be kept in temporary safe care in terms of section 152. |
| (6) | When the child is brought before a presiding officer of a children's court, the presiding officer must— |
| (a) | order that the child be put in the temporary safe care of a child and youth care centre or appropriate facility or person determined by the presiding officer and kept there until the proceedings in terms of this section are completed and any order made or action taken in terms of this section is given effect to; |
| (b) | inquire into the reasons why the child absconded from, or failed to return to the relevant child and youth care centre or person, and may for this purpose question the child; and |
| (c) | order that the child— |
| (i) | be returned to that centre or person; |
| (ii) | may not be returned to that centre or person pending any action by the provincial head of social development in the relevant province in terms of subsection (8), if the presiding officer is of the opinion that there are good reasons why the child should not be returned to that centre or person; or |
| (iii) | be placed in another form of alternative care. |
| (7) | The presiding officer of the children's court must order the clerk of the children's court to— |
| (a) | report to the provincial head of social development in the relevant province the result of an inquiry in terms of subsection (6); and |
| (b) | notify the provincial head of social development of any order made in terms of subsection (6) (c). |
| (8) | When an order has been made in terms of subsection (6)(c)(ii) the provincial head of social development may, after consideration of the report of the children's court and such inquiry as the provincial head of social development may consider necessary— |
| (a) | transfer the child in terms of section 171; |
| (b) | remove the child from alternative care in terms of section 173; |
| (c) | discharge the child from alternative care in terms of section 175; or |
| (d) | order that the child be returned to the child and youth care centre or person in whose care or temporary safe care that child has been placed. |
