Children's Act, 2005 (Act No. 38 of 2005)Chapter 13 : Child and Youth Care CentresPart 1 : Establishment and registration of child and youth care centre203. Cancellation of registration |
| (1) | The provincial head of social development in the relevant province may cancel the registration of a child and youth care centre by written notice to the registration holder if— |
| (a) | the centre is not maintained in accordance with— |
| (i) | the prescribed national norms and standards contemplated in section 194 and such other requirements as may be prescribed; |
| (ii) | any structural, safety, health and other requirements of the municipality in which the child and youth care centre is situated; |
| (iii) | any organisational development plan established for the centre as part of the quality assurance process in terms of section 211; or |
| (iv) | any other requirements of this Act; |
| (b) | any condition subject to which the registration or renewal of registration was issued is breached; |
| (c) | the registration holder or the management of the centre contravenes or fails to comply with a provision of this Act; |
| (d) | the registration holder becomes a person who is not a fit and proper person to operate a child and youth care centre; or |
| (e) | a person who is not a fit and proper person to assist in operating a child and youth care centre is employed at or involved in activities at the centre. |
| (2) | A person unsuitable to work with children is not a fit and proper person to operate or assist in operating a child and youth care centre. |
| (3) | The provincial head of social development may in the case of the cancellation of a registration in terms of subsection (1)(a), (b), (c) or (e)— |
| (a) | suspend the cancellation for a period to allow the registration holder to correct the cause of the cancellation; and |
| (b) | reinstate the registration if the registration holder corrects the cause of the cancellation within that period. |
| (4) | The Director-General or a provincial head of social development may assist a registration holder to comply with— |
| (a) | the prescribed national norms and standards contemplated in section 194 and such other requirements as may be prescribed; |
| (b) | any structural, safety, health and other requirements of the municipality in which the child and youth care centre is situated; or |
| (c) | any provisions of the organisational development plan established for the centre in terms of the quality assurance process contemplated in section 211, where the cancellation was due to a failure to comply with those national norms and standards, requirements or process. |
| (5) | The cancellation of a registration which has not been suspended takes effect from a date specified in the notice referred to in subsection (1), which may not be earlier than 90 days from the date on which that notice was given, except if— |
| (a) | the provincial head of social development and the holder of the registration agree on an earlier date; or |
| (b) | the safety or protection of the children in the centre requires an earlier date. |
| (6) | The provincial head of social development, pending an appeal contemplated in section 207, may suspend the operation of a child and youth care centre, whether registered or not. |