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

Chapter 9 : Child in need of care and protection

Part 2 : Children’s court processes

159. Duration and extension of orders

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(1)An order made by a children's court in terms of section 156, except an order contemplated in section 46(1)(c)

[Section 159(1) substituted by section 8(a) of Act No. 17 of 2016]

(a)lapses on expiry of—
(i)two years from the date the order was made; or
(ii)such shorter period for which the order was made; and
(b)may be extended by a children’s court for a period of not more than two years at a time.

 

(2)When deciding on an extension of the period of a court order in terms of subsection (1), the court must take cognisance of the views of—
(a)the child;
(b)the parent and any other person who has parental responsibilities and rights in respect of the child;
(c)where appropriate, the management of the centre where the child is placed; and
(d)any alternative care-giver of that child.

 

(2A) A court may extend an alternative care order that has lapsed or make an interim order for a period not exceeding six months on good cause shown.

[Section 159(2A) inserted by section 10 of the Children's Amendment Act, 2022, Notice No. 1543, GG47828, dated 5 January 2023  - effective 8 November 2023 per Proclamation 142, GG49615 dated 8 November 2023]

 

(2B) Notwithstanding the amendment to section 150(1)(a), an order placing an orphaned or abandoned child in foster care with a family member in terms of section 156 before or on the date of this Amendment Act, may be extended by the court in terms of section 159(2) or section 186(2).

[Section 159(2B) inserted by section 10 of the Children's Amendment Act, 2022, Notice No. 1543, GG47828, dated 5 January 2023  - effective 8 November 2023 per Proclamation 142, GG49615 dated 8 November 2023]

 

(3)Subject to section 176(2),  a court order referred to in subsection (1) may not extend beyond the date on which the child in respect of whom it was made reaches the age of 18 years.

[Section 159(3) substituted by section 8(b) of Act No. 17 of 2016]