Children's Act, 2005 (Act No. 38 of 2005)Chapter 11 : Alternative Care174. Provisional transfer from alternative care |
| (1) | A provincial head of social development may, in the best interest of a child at any time whilst the child is in alternative care, issue a notice directing that the child be provisionally transferred from alternative care into another form of care that is not more restrictive, as from a date specified in the notice, for a trial period of not more than six months. |
| (2) | A notice of provisional transfer in terms of subsection (1) may be issued only after— |
| (a) | procedures prescribed by regulation have been followed— |
| (i) | to assess the best interest of the child; and |
| (ii) | to reunite the child with the child's immediate family or other family members, if applicable; and |
| (b) | a report on such assessment and reunification has been submitted to and considered by the provincial head of social development. |
| (3) | Provisional transfer must be managed by a designated social worker to establish the feasibility of— |
| (a) | reunification of the child with the child's immediate family or other family members; |
| (b) | integration into another family; or |
| (c) | a transfer to another child and youth care centre of any other form of placement. |
| (4) | The provincial head of social development— |
| (a) | must revoke the transfer if the child so requests and the social worker so recommends; and |
| (b) | may at the end of or at any time during the trial period confirm the child's placement or discharge the child from alternative care in terms of section 175. |
| (5) | The notice of provisional transfer shall be considered proof of eligibility for any form of state support which would have been payable if the transfer had been permanent. |