Child Care Act, 1983 (Act No. 74 of 1983)Chapter 3 : Protection of Children13. Bringing children before children’s court |
| 1) | Any child referred to in section 11(1) or (2) or section 12(1) shall be brought before the children's court of the district in which the child resides or happens to be by any policeman, social worker or authorized officer. |
| 2) | Any child in regard to whom a children’s court assistant is of opinion that he or she is a child in need of care may be brought before the children’s court of the district in which the child resides or happens to be, by any policeman, social worker or authorised officer, or by a parent, guardian or other person having the custody of the child. |
| 3) | The children’s court before which a child is brought in terms of subsection (1) or (2) shall hold an inquiry in the prescribed manner and determine whether the child is a child in need of care: Provided that if the child ordinarily resides in the district of another children’s court the first-mentioned children’s court may refer the inquiry to the children’s court of that other district. |
| 4) | If it appears to a children’s court that a child referred to in subsection (1) or (2) who is subject to the court’s jurisdiction, should by reason of his infancy, ill-health or other sufficient cause not be brought before the court, the court may hold the inquiry in the absence of the child. |
| 5) |
| a) | Notice of the holding of an inquiry in terms of subsection (3) in respect of any child and that the attendance thereat is required of the person to whom the notice is given shall, unless the commissioner of child welfare otherwise directs, be given in the prescribed manner to the parents or guardian or person having the custody of that child. |
| b) | Any parent or guardian or any person having the custody of a child who, having received such notice, without the permission of the commissioner or other reasonable excuse (the proof of which shall rest upon him) fails to attend and to remain in attendance during the inquiry, may be dealt with mutatis mutandis as provided in section 74(6) and (7) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977). |