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

Chapter 9 : Child in need of care and protection

Part 2 : Children’s court processes

158. Placement of child in child and youth care centre

Purchase cart Previous page Return to chapter overview Next page

 

(1)A children's court may issue an order placing a child in the care of a child and youth care centre only if another option is not appropriate.

 

(2)        If a children’s court decides that a child should be placed in the care of a child and youth care centre, the court must—

(a)        determine the residential care programme best suited for the child; and

(b)        order that the child be placed in a child and youth care centre offering that particular residential care programme.

 

(3)The provincial head of social development in the relevant province must place the child in a child and youth care centre offering the residential care programme which the court has determined for the child, taking into account —
(a)the developmental, therapeutic, educational and other needs of the child;
(b)the permanency plan for the child which was considered by the court, and any instructions issued by the court with regard to the implementation of the permanency plan;
(c)any other instructions of the court;
(d)the distance of the centre from the child’s family or community;
(e)the safety of the community and other children in the centre, in the case of a child in need of secure care; and
(f)any other relevant factors.

 

(4)The provincial head of social development must, as a general rule, select a centre offering the programme ordered by the court which is located as close as possible to the child’s family or community.