Children's Act, 2005 (Act No. 38 of 2005)Chapter 4 : Children’s CourtsPart 1 : Establishment, status and jurisdiction47. Referral of children by other court for investigation |
| (1) | If it appears to any court in the course of proceedings that a child involved in or affected by those proceedings is in need of care and protection as is contemplated in section 150, the court must order that the question whether the child is in need of care and protection be referred to a designated social worker for an investigation contemplated in section 155(2). |
| (2) | If, in the course of any proceedings in terms of the Administration Amendment Act, 1929 (Act No. 9 of 1929), the Matrimonial Affairs Act, 1953 (Act No. 37 of 1953), the Divorce Act, the Maintenance Act, the Domestic Violence Act, 1998 (Act No. 116 of 1998) or the Recognition of Customary Marriages Act, 1998 (Act No. 120 of 1998), the court forms the opinion that a child of any of the parties to the proceedings has been abused or neglected, the court— |
| (a) | may suspend the proceedings pending an investigation contemplated in section 155(2) into the question whether the child is in need of care and protection; and |
| (b) | must request the Director for Public Prosecutions to attend to the allegations of abuse or neglect. |
| (3) | A court issuing an order in terms of subsection (1) or (2) may also order that the child be placed in temporary safe care if it appears to the court that this is necessary for the safety and well-being of the child. |