Child Care Act, 1983 (Act No. 74 of 1983)Chapter 6 : Special provisions regarding pupils, foster children and other children38. Children who abscond from institutions or custody |
| 1) | Any - |
| a) | pupil who has absconded from any institution or any child who has absconded from any place of safety or from the custody of any person in which he was placed under this Act or the Criminal Procedure Act, 1977 (Act No. 51 of 1977); |
| b) | pupil or child who has been granted leave of absence from any institution or place of safety or from any custody in which he was so placed and who on the cancellation or expiration of his leave of absence fails to return to the institution, place of safety or custody from which he was granted leave of absence, may be apprehended without warrant by any policeman, social worker or authorized officer and shall if so apprehended be brought as soon as may be before a commissioner of child welfare of the district in which he was apprehended and may, until he can be brought before a commissioner, be kept in any place of safety. |
| 2) |
| a) | When any pupil or child is brought before a commissioner of child welfare under the provisions of subsection (1) the commissioner may, after having interrogated the pupil or child as to the reasons why he absconded – |
| i) | order that the pupil or child be returned to the institution or the custody or the place of safety from which he absconded or to which he failed to return; or |
| ii) | if the commissioner is of opinion that there are good reasons why the pupil or child should not be returned to the institution or to the custody or to the place of safety from which he absconded, order that he be removed to a place of safety and be kept therein pending any action by the Minister under subsection (3). |
| b) | The commissioner shall in each case report to the Minister the result of his interrogation of the pupil or child and notify the Minister of any order made under paragraph (a)(ii). |
| 3) | Where an order has been made under subsection (2)(a)(ii) the Minister may, after consideration of the commissioner’s report and such inquiry as he may consider necessary - |
| a) | deal with the pupil or child concerned under section 34(1) or section 37 as if he were still in the institution or the custody or the place of safety from which he absconded or to which he failed to return; |
| b) | deal with the pupil or child concerned under section 36(1) as if he were a pupil or child referred to therein; or |
| c) | order that the pupil or child concerned be returned to the institution or the custody or the place of safety from which he absconded or to which he failed to return. |
| 4) | Any commissioner may order that any pupil or child be kept in a place of safety until effect can be given to any order made in respect of such pupil or child under subsection (2) (a) (i) or subsection (3) (c) or in pursuance of the provisions of subsection (3) (a). |