(b)
has been ordered by a court, which has convicted him of an offence, to
be dealt with in terms of this Act, may be detained in a place of safety;
until he has been brought before and dealt with by a children’s court.
17
Duty to bring child or young person before children’s court
Any police officer or probation officer who has removed a child or young person to,
and any person who is detaining a child or young person in, a place of safety shall
bring such child or young person before a children’s court as soon as possible and in
any event within seven days of such removal or the commencement of such
detention , as the case may be.
[amended by Act 23 of 2001, with effect from the 18th January, 2002.]
18
Alleged child in need of care may be brought before children’s court
Any child or young person alleged to be a child in need of care may be brought
before the children’s court for the area in which such child or young person resides or
happens to be by any police officer or probation officer or by the parent or guardian
of such child or young person.
19
Children’s court to hold inquiry in respect of child or young person brought
before it
(1) A children’s court before which a child or young person has been brought—
(a)
in terms of this Act, shall inquire and determine whether he is a child
in need of care and, if such be the case, shall inquire into and determine the
appropriate order to be made in terms of this Act; or
(b)
in terms of an order of a court, which has convicted him of an offence,
in order to be dealt with in terms of this Act, shall inquire into and determine the
appropriate order to be made in terms of this Act;
or may refer the inquiry and determination to the children’s court of the area in which
the child or young person or his parent or guardian resides.
(2) A court holding an inquiry in terms of subsection (1)—
(a)
may hold such inquiry in the absence of the child or young person;
(b)
may order the child or young person to be removed during the whole
or part of such inquiry;
(c)
shall order the child or young person to be removed during any part of
such inquiry when his presence becomes unnecessary and undesirable.
(d )
shall, wherever it is possible and appropriate to do so, seek the
opinion of the child or young person on the matter under enquiry.
[ paras (d) inserted by Act 23 of 2001, with effect from the 18th January, 2002.]
20
Powers of children’s court
(1) A children’s court, after holding an inquiry in terms of section nineteen in respect
of—
(a)
a child or young person brought before it in terms of this Act and
whom it has determined to be a child in need of care; or
(b)
a child or young person who has been ordered by a court, which has
convicted him of an offence, to be dealt with in terms of this Act;
may, subject to section twenty-three—
(i)
upon being satisfied that a certified institution will accept the child or
young person, order that the child or young person shall be placed in that certified
institution, which shall be named in the order; or
(ii)
order that the child or young person shall be placed in, returned to or
remain for foster care in the custody of any suitable person named in the order;
[amended by Act 23 of 2001, with effect from the 18th January, 2002.]
or
(iii)
order that the child or young person shall be placed in, returned to or
remain in the custody of his parent or guardian; or
(iv)
order that the child or young person shall reside in such place as the
court may determine; or
(v)
order that the child or young person shall render service for the benefit
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