Children's Act, 2005 (Act No. 38 of 2005)Chapter 7 : Protection of ChildrenPart 4 : Other protective measures137. Child-headed household |
| (1) | A provincial head of social development may recognise a household as a child-headed household if— |
| (a) | the parent, guardian or care-giver of the household is terminally ill, has died or has abandoned the children in the household; |
| (b) | no adult family member is available to provide care for the children in the household; |
| (c) | a child over the age of 16 years has assumed the role of care-giver in respect of the children in the household; and |
| (d) | it is in the best interest of the children in the household. |
| (2) | A child-headed household must function under the general supervision of an adult designated by— |
| (a) | a children's court; or |
| (b) | n organ of state or a non-governmental organisation determined by the provincial head of social development. |
| (3) | The supervising adult must— |
| (a) | perform the duties as prescribed in relation to the household; and |
| (b) | be a fit and proper person to supervise a child-headed household. |
| (4) | A person unsuitable to work with children is not a fit and proper person to supervise a child-headed household. |
| (5) |
| (a) | The child heading the household or the adult contemplated in subsection (2) may collect and administer for the child-headed household any social security grant or other grant in terms of the Social Assistance Act, 2004 (Act No. 13 of 2004) or other assistance to which the household is entitled. |
| (b) | An adult that collects and administers money for a child-headed household as contemplated in paragraph (a) is accountable in the prescribed manner to the organ of state or the non-governmental organisation that designated him or her to supervise the household. |
| (6) | The adult referred to in subsection (2) may not take any decisions concerning such household and the children in the household without consulting— |
| (a) | the child heading the household; and |
| (b) | given the age, maturity and stage of development of the other children, also those other children. |
| (7) | The child heading the household may take all day-to-day decisions relating to the household and the children in the household. |
| (8) | The child heading the household or, given the age, maturity and stage of development of the other children, such other children, may report the supervising adult to the organ of state or non-governmental organization referred to in subsection (2)(b) if the child or children are not satisfied with the manner in which the supervising adult is performing his or her duties. |
| (9) | A child-headed household may not be excluded from any grant, subsidy, aid, relief or other assistance or programmes provided by an organ of state in the national, provincial or local sphere of government solely by reason of the fact that the household is headed by a child. |