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

Chapter 11 : Alternative Care

176. Remaining in alternative care beyond age of 18 years

 

(1) A person placed in alternative care as a child is entitled, after having reached the age of 18 years, to remain in that care until the end of the year in which that person reaches the age of 18 years.

 

(2) A provincial head of social development may on application by a person placed in alternative care as a child, or by a person acting on his or her behalf, allow that person to remain in alternative care until the end of the year in which that person reaches the age of 21 years if—

[Words preceding Section 176(2)(a) substituted by section 5(a) of Act No. 18 of 2016]

(a) the current alternative care-giver is willing and able to care for that person; and
(b) the continued stay in that care is necessary to enable that person to complete his or her grade 12, higher education, college education, internship or learnership.

[Section 176(2) substituted by section 5(b) of Act No. 18 of 2016]

 

3) An application contemplated in subsection (2) must be submitted before the end of the year in which the relevant child reaches the age of 18 years, but a late application may be condoned, upon good cause shown, if such application is submitted within three months after such date.

[Section 176(3) inserted by section 5(c) of Act No. 18 of 2016]