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

Chapter 11 : Alternative Care

172. Change in residential care programme

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(1)The provincial head of social development in the relevant province may, subject to subsection (3), determine that—
(a)a child in a child and youth care centre be released from a residential care programme;
(b)another residential care programme be applied to such a child; or
(c)an additional residential care programme be applied to such a child.

 

(2)To give effect to subsection (1), the provincial head of social development may transfer the child to another child and youth care centre or to a person in terms of section 171.

 

(3)No determination in terms of subsection (1) may be carried out without ratification by a children's court if that determination requires that a residential care programme be applied to the child, which programme—
(a)includes the secure care of a child; or
(b)is more restrictive than the child's current residential care programme.