| (1) | If it appears to a designated social worker that a child has been abandoned or orphaned whether for purposes of determining if such child is in need of care and protection or if such child can be made available for adoption, such social worker must cause a notice identical to Form 38B to be: |
| (a) | placed on a notice board at the local office of the department of social development or designated child protection organisation; |
| (b) | published on the website of the relevant provincial department of social development. |
| (c) | The notice referred to in subregulation (a) must— |
| (i) | sufficiently identify the name and birth date of the child without disclosing the identity number of the child; |
| (ii) | not display any picture of the child concerned; |
| (iii) | provide the place at which the child was suspected to have been abandoned or found; |
| (iv) | have descriptive features of the child; and |
| (v) | invite persons who claim responsibility for the child, to provide proof of their relationship to child, and to lodge the claim with the designated social worker. |
| (2) | The Social Worker, upon receipt of the lodged claim contemplated in 1(e), must establish the relationship between the child and establish the suitability of the person who claims responsibility for the child. |
| (3) | In determining whether a child has been abandoned or orphaned for purposes of section 150(1)(a) of the Act, a presiding officer must— |
| (a) | be satisfied that the: |
| (i) | report submitted by the designated social worker as contemplated in section 155 of the Act indicates that such child has been abandoned or orphaned; and |
| (ii) | prescribed period referred to subregulation (b) has lapsed, and no person has claimed responsibility for the child; |
| (b) | be furnished with proof that a copy of the notice was published or displayed contemplated in subregulation (1) and be satisfied that, for the purposes of— |
| (i) | section 150(1)(a) of the Act, a period of at least one month has lapsed since the publication of the notice contemplated in subregulation (1); or |
| (ii) | section 157(3) of the Act, a period of at least three months has lapsed since the publication of the notice and that no person has claimed responsibility for the child. |
[Regulation 56 substituted by section 5 of the Amendment Regulations Regarding Children, 2024, Notice No. R. 4993, GG50870, dated 26 June 2024 - effective 1 July 2024]
