Children's Act, 2005 (Act No. 38 of 2005)Chapter 13 : Child and Youth Care Centres191. Child and youth care centre |
| (1) | A child and youth care centre is a facility for the provision of residential care to more than six children outside the child's family environment in accordance with a residential care programme suited for the children in the facility, but excludes— |
| (a) | a partial care facility; |
| (b) | a drop-in centre; |
| (c) | a boarding school; |
| (d) | a school hostel or other residential facility attached to a school; |
| (e) | a prison; or |
| (f) | any other establishment which is maintained mainly for the tuition or training of children other than an establishment which is maintained for children ordered by a court to receive tuition or training. |
| (2) | A child and youth care centre must offer a therapeutic programme designed for the residential care of children outside the family environment, which may include a programme designed for— |
| (a) | the reception, care and development of children other than in their family environment; |
| (b) | the reception, care and development of children on a shared basis with the parent or other person having parental responsibilities; |
| (c) | the reception and temporary safe care of children pending their placement; |
| (d) | early childhood development; |
| (e) | the reception and temporary safe care of children to protect them from abuse or neglect; |
| (f) | the reception and temporary safe care of trafficked or commercially sexually exploited children; |
| (g) | the reception and temporary safe care of children for the purpose of— |
| (i) | observing and assessing those children; |
| (ii) | providing counselling and other treatment to them; or |
| (iii) | assisting them to reintegrate with their families and the community; |
| (h) | the reception, development and secure care of children awaiting trial or sentence; |
| (i) | the reception, development and secure care of children with behavioural, psychological and emotional difficulties; |
| (j) | the reception, development and secure care of children in terms of an order— |
| (i) | under the Criminal Procedure Act, 1977 (Act No. 51 of 1977); |
| (ii) | in terms of section 156(1)(i) placing the child in a child and youth care centre which provides a secure care programme; or |
| (iii) | in terms of section 171 transferring a child in alternative care; |
| (k) | the reception and care of street children; or |
| (l) | the reception and care of children for any other purpose that may be prescribed by regulation. |
| (3) | A child and youth care centre may in addition to its residential care programmes, offer— |
| (a) | the provision of appropriate care and development of children with disabilities or chronic illnesses; |
| (b) | therapeutic and developmental programmes; |
| (c) | the treatment of children for addiction to dependence-producing substances; |
| (d) | a programme for the treatment of children with a psychiatric condition; |
| (e) | a programme to assist a person with the transition when leaving a child and youth care centre after reaching the age of 18; or |
| (f) | any other service that may be prescribed. |
| (4) | The provincial head of social development must— |
| (a) | approve any programme offered in terms of subsections (2) and (3) by a child and youth care centre; and |
| (b) | before approving a programme, authorise a suitably qualified person to assess the content of the programme. |