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

Chapter 6 : Special provisions regarding pupils, foster children and other children

36. Removal of pupil or foster child from institution or custody

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1)The Minister may, if he considers it desirable in the interest of any pupil or foster child who is in an institution to which he has been sent under this Act or any other law or in the custody of a foster parent in which he has been placed under this Act or any other law, by order in writing direct that that pupil or foster child be taken to a place of safety and be kept therein for observation or to be examined and treated.

 

2)
a)The commissioner of any district may, if he is of opinion that it is desirable that any pupil or foster child mentioned in subsection (1) should without delay be removed from the institution or custody mentioned therein, by order in writing direct that the pupil or foster child be taken to a place of safety and be kept therein pending any action by the Minister under subsection (3).
b)When a commissioner has made an order under paragraph (a) he shall forthwith furnish the Minister with a full report in connection with the pupil or foster child concerned.

 

3)The Minister shall within six months from the date on which a pupil or foster child has been taken to a place of safety in terms of an order made under subsection (1) or (2) -
a)by order in writing direct that the pupil or foster child concerned be returned to the institution or custody in which he was when the order was made under subsection (1) or (2), as the case may be; or
b)deal with the pupil or foster child in terms of section 34 or section 37 as if he has not been taken from the institution or custody mentioned in paragraph (a).