Maintenance Act, 1998
R 385
Children's Act, 2005 (Act No. 38 of 2005)Chapter 4 : Children’s CourtsPart 1 : Establishment, status and jurisdiction46. Orders children’s court may make |
| (1) | A children's court may make the following orders: |
| (i) | in the care of a person designated by the court to be the foster parent of the child; |
| (ii) | in the care of a child and youth care centre; or |
| (iii) | in temporary safe care; |
| (b) | an order placing a child in a child-headed household in the care of the child heading the household under the supervision of an adult person designated by the court; |
| (c) | an adoption order, which includes an inter-country adoption order; |
| (d) | a partial care order instructing the parent or care-giver of the child to make arrangements with a partial care facility to take care of the child during specific hours of the day or night or for a specific period; |
| (e) | a shared care order instructing different care-givers or child and youth care centres to take responsibility for the care of the child at different times or periods; |
| (f) | a supervision order, placing a child, or the parent or care-giver of a child, or both the child and the parent or care-giver, under the supervision of a social worker or other person designated by the court; |
| (g) | an order subjecting a child, a parent or care-giver of a child, or any person holding parental responsibilities and rights in respect of a child, to— |
| (i) | early intervention services; |
| (ii) | a family preservation programme; or |
| (iii) | both early intervention services and a family preservation programme; |
| (h) | a child protection order, which includes an order- |
| (i) | that a child remains in, be released from, or returned to the care of a person, subject to conditions imposed by the court; |
| (ii) | giving consent to medical treatment of, or to an operation to be performed on, a child; |
| (iii) | instructing a parent or care-giver of a child to undergo professional counselling, or to participate in mediation, a family group conference, or other appropriate problem-solving forum; |
| (iv) | instructing a child or other person involved in the matter concerning the child to participate in a professional assessment; |
| (v) | instructing a hospital to retain a child who on reasonable grounds is suspected of having been subjected to abuse or deliberate neglect, pending further inquiry; |
| (vi) | instructing a person to undergo a specified skills development, training, treatment or rehabilitation programme where this is necessary for the protection or well-being of a child; |
| (vii) | instructing a person who has failed to fulfil a statutory duty towards a child to appear before the court and to give reasons for the failure; |
| (viii) | instructing an organ of state to assist a child in obtaining access to a public service to which the child is entitled, failing which, to appear through its representative before the court and to give reasons for the failure; |
| (ix) | instructing that a person be removed from a child’s home; |
| (x) | limiting access of a person to a child or prohibiting a person from contacting a child; or |
| (xi) | allowing a person to contact a child on the conditions specified in the court order; |
| (i) | a contribution order in terms of this Act; |
| (j) | an order instructing a person to carry out an investigation in terms of section 50; and |
| (k) | any other order which a children's court may make in terms of any other provision of this Act. |
| (2) | A children’s court may withdraw, suspend or amend an order made in terms of subsection (1), or replace such an order with a new order. |
