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

Regulations

General Regulations Regarding Children, 2010

Chapter 11 : Children in Need of Care and Protection (Sections 150-160 of the Act)

56H. Management of the duration of alternative care orders

 

(1) The supervisor of a designated social worker must monitor and supervise all orders, and where necessary, notify that designated social worker of any orders that may lapse within 90-days.

 

(2) A designated social worker, where an order placing the child in alternative care is about to lapse, must within 90 days of the lapsing of such order:
(a) assess the child to determine progress made regarding the care and protection of the child;
(b) make a recommendation to the children's court regarding the possible extension of the placement order; and
(c) where required, ensure that the child and any other person required as directed by the children's court, is brought to the children's court for any hearing of the matter.

 

(3) A designated social worker who is required to report to the children's court regarding the possible extension of a court order, must within 90 days:
(a) compile a report in the form identical to Form 38F; and
(b) provide in the report referred to in (a) the findings, circumstances and the reasons for the recommendations made in respect of any extension of the alternative care order.

 

(4) The provincial head of social development must ensure:
(a) that the relevant designated social worker complies with the provisions of section 159 of the Act in respect of a court order that is about to, or has lapsed; and
(b) that no child whose court order has lapsed, is discharged without an order of the children's court.

 

(5) All foster care orders that were valid on 30 June 2024 which would have lapsed if not extended by the court shall be deemed valid after 30 June 2024 until extended by the court

 

[Regulation 56H inserted by section 10 of the Amendment Regulations Regarding Children, 2024, Notice No. R. 4993, GG50870, dated 26 June 2024  - effective 1 July 2024]