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

Regulations

General Regulations Regarding Children, 2010

Chapter 14 : Child and Youth Care Centres (Sections 191-212 of the Act)

73. Rights of children in child and youth care centres

 

Every child who is cared for in a child and youth care centre has the right to—

(a) be informed promptly, in a language which he or she understands, of the reason for his or her admission or detention, as the case may be;
(b) have his or her parent, guardian, next of kin or significant other person informed, within 48 hours of admission, of the place to which he or she has been admitted or in which he or she is being detained, as the case may be, and of the reason for his or her admission or detention, as the case may be;
(c) regular communicate with and be visited by his or her parent or parents, guardian, next of kin, social worker, probation officer, case manager, religious counsellor, health care professional, psychologist, legal representative, child and youth care worker, unless a court order or his or her care or development programme indicates otherwise or unless he or she chooses otherwise;
(d) adequate nutrition, clothing, nurturing and to be given the same quality of care as other children in the child and youth care centre;
(e) be consulted and to express his or her views, according to his or her abilities, about significant decisions affecting him or her;
(f) reasonable privacy, possession and protection of his or her personal belongings;
(g) be informed that prohibited items in his or her possession may be removed and withheld;
(h) be informed of the behaviour that is expected of him or her by service providers, the consequences of his or her failure to meet the expectations of service providers, and assistance that he or she can expect from the service providers regarding the attaining of such behavioural expectations;
(i) care and intervention which respects, protects and promotes his or her cultural, religious, linguistic heritage and the right to learn about and maintain this heritage;
(j) positive discipline appropriate to the his or her level of development;
(k) education or training appropriate to his or her level of maturity, aptitude and ability;
(l) respect and protection from exploitation and neglect;
(m) opportunities of learning and developing his or her capacity to demonstrate respect and care for others;
(n) the necessary support and to an interpreter if language or disability is a barrier to consulting with them on decisions affecting his or her custody or care and development;
(o) privacy during discussions with people referred to in paragraph (c) unless a court order or his or her care or development programme indicates otherwise or unless he or she chooses otherwise; and
(p) have access to community activities and structures unless a court order or his or her care or development programme indicates otherwise.