Child Care Act, 1983 (Act No. 74 of 1983)Chapter 5 : Places of Safety, Children’s Homes and Places of Care30. Registration and classification of children’s homes and places of care |
| 1) | No child may be received in any children's home (other than a children’s home maintained and controlled by the State) unless that children’s home is managed by an association of persons consisting of not fewer than seven members and has been registered under this section, or otherwise than in accordance with the conditions on which that children’s home has been so registered. |
| 2) | No child may be received in any place of care (other than a place of care maintained and controlled by the State) unless that place of care has been registered under this section, or otherwise than in accordance with the conditions on which that place of care has been so registered. |
| 2A) | No child may, save as prescribed, be received in any shelter unless that shelter has been registered under this section, or otherwise than in accordance with the conditions on which that shelter has been so registered. |
| 3) | Application for the registration of a children’s home, a place of care or a shelter shall be made to the Director-General in the prescribed manner, and the Director-General may - |
| a) | before considering any such application, require that he or she be furnished with any information in connection with the application concerned or the proposed children’s home, place of care or shelter which he or she may desire to obtain; |
| b) | reject any such application or, if he or she is satisfied that the children’s home, place of care or shelter complies with the prescribed requirements and that it will be so managed and conducted that it will be suitable for the reception, care and bringing-up or for the reception, care and custody of children, grant the application either unconditionally or on such prescribed and other conditions as he or she may deem fit, and issue to the applicant a certificate of registration in the prescribed form. |
| 4) | The Director-General may, at the time of registration of any children’s home, place of care or shelter or at any time thereafter, classify any such children’s home, place of care or shelter or may after due notice to the person in whose name the relevant certificate of registration was issued, amend any earlier classification, and any such classification may differ according to the sex or age or to the physical, mental or spiritual needs of the children in respect of whom the children’s home, place of care or shelter is being maintained and according to whether it is children who were dealt with under this Act or under the Criminal Procedure Act, 1977 (Act No. 51 of 1977). |
| 5) | Any children’s home or place of care which immediately before the commencement of this section was registered and classified under section 42 of the Children’s Act, 1960 (Act No. 33 of 1960), shall as from that commencement be deemed to be registered under this section of this Act as a children’s home or place of care, as the case may be, and to be so classified under this section of this Act. |
| 6) | Any person who contravenes or fails to comply with any provision of this section shall be guilty of an offence. |