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

Chapter 13 : Child and Youth Care Centres

191. Child and youth care centre

 

(1) A child and youth care centre is a facility for the provision of residential care to more than six children outside the child's family environment in accordance with a residential care programme suited for the children in the facility, but excludes—
(a) a partial care facility;
(c) a boarding school;
(d) a school hostel or other residential facility attached to a school;
(e) a prison; or
(f) any other establishment which is maintained mainly for the tuition or training of children other than an establishment which is maintained for children ordered by a court to receive tuition or training.

 

(2) A child and youth care centre must offer a therapeutic programme designed for the residential care of children outside the family environment, which may include a programme designed for—
(a) the reception, care and development of children other than in their family environment;
(b) the reception, care and development of children on a shared basis with the parent or other person having parental responsibilities;
(c) the reception and temporary safe care of children pending their placement;
(d) early childhood development;
(e) the reception and temporary safe care of children to protect them from abuse or neglect;
(f) the reception and temporary safe care of trafficked or commercially sexually exploited children;
(g) the reception and temporary safe care of children for the purpose of—
(i) observing and assessing those children;
(ii) providing counselling and other treatment to them; or
(iii) assisting them to reintegrate with their families and the community;
(h) the reception, development and secure care of children awaiting trial or sentence;
(i) the reception, development and secure care of children with behavioural, psychological and emotional difficulties;
(j) the reception, development and secure care of children in terms of an order—
(i) under the Criminal Procedure Act, 1977 (Act No. 51 of 1977);
(ii) in terms of section 156(1)(i) placing the child in a child and youth care centre which provides a secure care programme; or
(iii) in terms of section 171 transferring a child in alternative care;
(k) the reception and care of street children; or
(l) the reception and care of children for any other purpose that may be prescribed by regulation.

 

(3) A child and youth care centre may in addition to its residential care programmes, offer—
(a) the provision of appropriate care and development of children with disabilities or chronic illnesses;
(b) therapeutic and developmental programmes;
(c) the treatment of children for addiction to dependence-producing substances;
(d) a programme for the treatment of children with a psychiatric condition;
(e) a programme to assist a person with the transition when leaving a child and youth care centre after reaching the age of 18; or
(f) any other service that may be prescribed.

 

(4) The provincial head of social development must—
(a) approve any programme offered in terms of subsections (2) and (3) by a child and youth care centre; and
(b) before approving a programme, authorise a suitably qualified person to assess the content of the programme.