Children's Act, 2005 (Act No. 38 of 2005)Chapter 11 : Alternative Care171. Transfer of child in alternative care |
| (1) | The provincial head of social development in the relevant province may, subject to subsection (5), transfer in writing a child in alternative care from one form of alternative care to another. |
[Section 171(1) substituted by section 4(a) of Act No. 18 of 2016]
| (1A) | The provincial head of social development in the relevant province may, subject to subsection (5), transfer in writing a person referred to in section 176(2) from one form of alternative care to another form of alternative care. |
[Section 171(1A) inserted by section 4(b) of Act No. 18 of 2016]
| (2) | The provincial head of social development may not transfer a child to a child and youth care centre in another province without the permission of the provincial head of social development in that province and without the prescribed financial arrangements regarding the placement being made. |
(3)
| (a) | If the provincial head of social development transfers a child in terms of subsection (1) under the supervision of a designated social worker, the written notice of transfer must specify the requirements with which the child and that parent, guardian, former care-giver or current alternative care-giver must comply. |
| (b) | If any requirement referred to in paragraph (a) is breached or not complied with, the designated social worker concerned must bring the child before a children's court, which may, after an inquiry, vary the written notice of transfer issued by the provincial head of social development or make a new order in terms of section 156. |
[Section171(3)(a)(b) substituted by section 4(c) of Act No. 18 of 2016]
| (4) | Before the provincial head of social development issues a written notice of transfer in terms of subsection (1), he or she must consider a report by a designated social worker, who must have consulted — |
[Words preceding section 171(4)(a) substituted by section 4(d) of Act No. 18 of 2016]
| (a) | the child, taking into consideration the child's age, maturity and stage of development; |
| (b) | the parent, guardian or care-giver of the child, if available; |
| (c) | the child and youth care centre or person in whose care or temporary safe care or alternative care that child has been placed; and |
| (d) | the child and youth care centre, alternative care or person to whom the child is to be transferred. |
[Section 171(4)(c)(d) substituted by section 4(e) of Act No. 18 of 2016]
| (5) | If the provincial head of social development transfers a child or a person referred to in section 176(2) from a more restrictive form of alternative care to a less restrictive form of alternative care, the provincial head of social development must be satisfied that the transfer will not be prejudicial to other children in the less restrictive alternative care. |
[Section 171(5) substituted by section 4(f) of Act No. 18 of 2016]
| (6) | A transfer contemplated in subsection (1) may not be given effect to without approval by a children's court if the child is transferred— |
[Words preceding Section171(6)(a) substituted by section 4(g) of Act No. 18 of 2016]
| (a) | from the care of a person, including foster care, to a child and youth care centre; or |
[Section171(6)(a) substituted by section 4(h) of Act No. 18 of 2016]
| (b) | from the care of a child and youth care centre to a secure care or more restrictive child and youth care centre. |