Child Care Act, 1983 (Act No. 74 of 1983)1. Definitions |
In this act, unless the context otherwise indicates -
means a registered social worker in private practice who has registered a speciality in adoption services and who complies with the conditions for the practicing of such a speciality under the Social Work Act, 1978 (Act No. 110 of 1978): Provided that the mere passing of an examination contemplated in section 17C(2A) of that act shall not, for the purposes of this Act, be regarded as sufficient for the registration of such a speciality;
means a child adopted under the provisions of chapter 4 of this Act or of the Children’s Act, 1960 (Act No. 33 of 1960), or of the Children’s Act, 1937 (Act No. 31 of 1937), or of the Adoption of Children Act, 1923 (Act No. 25 of 1923);
means a person who adopts or has adopted a child under the provisions of Chapter 4 of this Act or of the Children’s Act, 1960 (Act No. 33 of 1960), or of the Children’s Act, 1937 (Act No. 31 of 1937), or of the Adoption of Children Act, 1923 (Act No. 25 of 1923);
in relation to any act, means any person authorised in writing by a commissioner of child welfare, social worker or policeman to perform that act;
means any person under the age of 18 years;
means a child whose parents were not married to each other at the time of his or her conception or birth, or at any other time thereafter;
means a child referred to in section 14(4);
means children in circumstances which deny them their basic human needs, such as children living on the streets and children exposed to armed conflict or violence;
means a children’s court mentioned in section 5;
means any residence or home maintained for the reception, protection, care and bringing-up of more than six children apart from their parents, but does not include any school of industries or reform school;
means engaging the services of a child to perform a sexual act or to produce child pornography as contemplated in section 17 or 19 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively, for a financial or other reward payable to the child, the parents or guardian of the child or any other person;
means a commissioner of child welfare mentioned in section 6 and includes an assistant commissioner of child welfare;
means an order for the payment or recurrent payment of a sum of money as a contribution towards the maintenance of a child in a place of safety or in any custody in which he was placed under this Act or the Criminal Procedure Act, 1977 (Act No. 51 of 1977), or towards the maintenance of a pupil;
means a dentist registered or deemed to be registered as such under the Medical, Dental and Supplementary Health Service Professions Act, 1974 (Act No. 56 of 1974);
in relation to any provision of this act, means the head of the department of State administered by the Minister to whom the administration of that provision has been assigned by proclamation issued under section 61;
means the area subject to the jurisdiction of any magistrate’s court;
means any child who has been placed in the custody of any foster parent in terms of Chapter 3 or 6 of this Act or section 290 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977);
means any person, except a parent or guardian, in whose custody a child has been placed in terms of Chapter 3 or 6 of this Act or section 290 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977);
means a reform school, school of industries or a children’s home established under section 29 or a children’s home registered under section 30;
means an institution, council or body contemplated in section 84(1)(f) of the Provincial Government Act, 1961 (Act No. 32 of 1961), and includes -
| a) | a board of management as defined in section 1 of the rural areas act (house of representatives), 1987 (Act No. 9 of 1987); |
| b) | a local authority as defined in section 1 of the Black Local Authorities Act, 1982 (Act No. 102 of 1982); |
| c) | a regional services council established under the Regional Services Councils Act, 1985 (Act No. 109 of 1985); |
| d) | a local government body established or deemed to be established under section 30 of the Black Administration Act, 1927 (Act No. 38 of 1927); |
includes an additional magistrate and an assistant magistrate;
in relation to an institution, means the board of management of that institution;
means any marriage which is recognised in terms of South African law or customary law, or which was concluded in accordance with a system of religious law subject to specified procedures, and any reference to a husband, wife, widower, widow, divorced person, married person or spouse shall be construed accordingly;
means a medical practitioner in the service of the State, including a provincial administration, or of a local authority;
means a medical practitioner registered or deemed to be registered as such under the Medical, Dental and Supplementary Health Service Professions Act, 1974 (Act No. 56 of 1974);
means mental illness as defined in section 1 of the Mental Health Act, 1973 (Act No. 18 of 1973), and "mentally ill" has a corresponding meaning;
in relation to any provision of this Act of which the administration has by proclamation under section 61 been assigned to a minister or to Ministers acting in consultation with one another, means that Minister or those Ministers;
means a male person whose gamete has contributed to the conception of a child as a result of a sexual relationship with the mother of such child;
means any person registered as a nurse under the Nursing Act, 1978 (Act No. 50 of 1978);
includes, except in chapter 4, an adoptive parent;
means any building or premises maintained or used, whether for profit or otherwise, for the reception, protection and temporary or partial care of more than six children apart from their parents, but does not include any boarding school, school hostel or any establishment which is maintained or used mainly for the tuition or training of children and which is controlled by or which has been registered or approved by the State, including a provincial administration;
means any place established under section 28 and includes any place suitable for the reception of a child, into which the owner, occupier or person in charge thereof is willing to receive a child;
means any member of a police force established by law;
means prescribed by regulation under section 60;
means a psychologist registered as such under the Medical, Dental and Supplementary Health Service Professions Act, 1974 (Act No. 56 of 1974);
means any child who has been sent to or transferred to an institution in Terms of chapter 3 or 6 of this Act or section 290 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), and includes a pupil referred to in section 16(3);
means a school maintained for the reception, care and training of children sent thereto in terms of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), or transferred thereto under this act;
means any person legally liable to maintain or to contribute towards the maintenance of a child or of a pupil for whose maintenance a contribution order is sought or was made;
means a school maintained for the reception, care, education and training of children sent or transferred thereto under this Act;
means the physical, behavioural and emotional containment of children offering an environment and programme conducive to their care, safety and healthy development;
means a facility established under section 28A;
means any building or premises maintained or used for the reception, protection and temporary care of more than six children in especially difficult circumstances;
means any person registered as a social worker under the Social Work Act, 1978 (Act No. 110 of 1978), or deemed to be so registered, and who, save for the purposes of section 42, is in the service of a state department or a provincial administration or a prescribed welfare organisation;
includes any regulation made under section 60;
means a welfare organisation registered in terms of section 13 of the National Welfare Act, 1978 (Act No. 100 of 1978), or approved by the Premier of a province.