Child Care Act, 1983 (Act No. 74 of 1983)

Chapter 3 : Protection of Children

11. Removal of child to place of safety on order of court or on sworn information

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1)If it appears to any court in the course of any proceedings before that court that any child has no parent or guardian or that it is in the interest of the safety and welfare of any child that he be taken to a place of safety, that court may order that the child be taken to a place of safety and be brought as soon as may be thereafter before a children's court.

 

2)If it appears to any commissioner of child welfare on information on oath given by any person that there are reasonable grounds for believing that any child who is within the area of his jurisdiction has no parent or guardian or that it is in the interest of the safety and welfare of any child who is within the area of his jurisdiction that he be taken to a place of safety, that commissioner may issue a warrant authorising any policeman or social worker or any other person to search for the child and to take him to a place of safety, to be there kept until he can be brought before a children’s court.

 

3)Any policeman or social worker or other person authorised by the said warrant to search for and remove a child may enter (by force if necessary) any house or other premises mentioned in the warrant and may remove the child therefrom.

 

4)It shall not be necessary in any warrant issued under subsection (2) to state the name of the child whose removal is thereby ordered.

 

5)The provisions of section 12(2) and (3) shall mutatis mutandis apply in respect of a child removed to a place of safety in terms of this section.