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

Chapter 12 : Foster Care

184. Determination of placement of child in foster care

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(1)Before a children's court places a child in foster care by court order in terms of section 156, the court must consider a report by a designated social worker about—
(a)the cultural, religious and linguistic background of the child; and
(b)the availability of a suitable person with a similar background to that of the child who is willing and able to provide foster care to the child.

 

(2)A child may be placed in the foster care of a person from a different cultural, religious and linguistic background to that of the child, but only if—
(a)there is an existing bond between that person and the child; or
(b) suitable and willing person with a similar background is not readily available to provide foster care to the child.