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

152A. Review of decision to remove child without court order

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(1) When a matter contemplated in section 152(2)(c) is brought before court the presiding officer may—
(a)if he or she is satisfied, after considering all relevant information, that the police official or designated social worker, in removing the child, has satisfied the provisions of section 152(1), issue an order confirming the removal of the child; or
(b) if he or she is not satisfied that the police official or designated social worker, in removing the child, has satisfied the provisions of section 152(1), issue an order setting aside the removal and placement of the child.

 

(2) Where the court has issued an order contemplated in—
(a) subsection (1)(a) the presiding officer may, in addition, issue an order contemplated in section 151(2); or
(b) subsection (1)(b) the presiding officer may, in addition, order that the child be returned to its parent, guardian or care giver, as the case may be, or 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).

 

[Section 152A inserted by section 6 of Act No. 17 of 2016]