Children's Act, 2005 (Act No. 38 of 2005) > Chapter 9 : Child in need of care and protection > Part 1 : Identification of child in need of care and protection > 151. Removal of child to temporary safe care by court order

(1)

If, on evidence given by any person on oath or affirmation before a presiding officer it appears that a child who resides in the area of the children's court concerned is in need of care and protection, the presiding officer must order that the question of whether the child is in need of care and protection be referred to a designated social worker for an investigation contemplated in section 155(2).

(2)	A presiding officer issuing an order in terms of subsection (1) may also issue an interim order for the temporary safe care of the child if it appears that it is necessary for the safety and well-being of the child.

[Section 151(2) substituted by section 2(a) of Act No. 18 of 2016]

(2A)	The court ordering the removal of the child must simultaneously refer the matter to a designated social worker and direct that social worker to ensure that the—

(a)	order in terms of subsection (2) is placed before the children’s court, for review before the expiry of the next court day following the removal; and

(b)	child concerned, and where reasonably possible the parent, guardian or care-giver, as the case may be, are present in the children’s court for the purposes of assisting the court in making a decision which is in the best interest of the child.

[Section 151(2A) inserted by section 2(a) of Act No. 18 of 2016]

(3)	When referring the question whether the child is in need of care and protection in terms of subsection (1) or when making an order in terms of subsection (2), the children’s court may exercise any of the functions assigned to it in terms of section 50(1) to (3).

(4)	An order issued in terms of subsection (2) must identify the child in sufficient detail to execute the order.

(5)	A person authorised by a court order may, either alone or accompanied by a police official —

(a)	enter any premises mentioned in the order;

(b)	remove the child from the premises; and

(c)	on those premises exercise any power mentioned in section 50(3)(a) to (d).

(6)

A police official referred to in subsection (5) may use such force as may be reasonably necessary to overcome any resistance against the entry of the premises contemplated in subsection (5)(a), including the breaking of any door or window of such premises: Provided that the police official shall first audibly demand admission to the premises and notify the purpose for which he or she seeks to enter such premises.

(7)	The person who has removed a child in terms of the court order must—

(a)	without delay but within 24 hours inform the parent, guardian or care-giver of the child of the removal of the child, if that person can readily be traced; and

(b)	within 24 hours refer the matter to a designated social worker for investigation in terms of section 155(2); and

(c)	report the matter to the relevant provincial department of social development.

(8)

The best interests of the child must be the determining factor in any decision whether a child in need of care and protection should be removed and placed in temporary safe care, and all relevant facts must for this purpose be taken into account, including the safety and well-being of the child as the first priority.