commission of the offence concerned by the child or young person compensation for
that damage or loss, whether the injured party makes any claim therefor or not.
PART IV
REMOVAL OF CHILDREN AND YOUNG PERSONS TO OTHER CARE
14
Removal of children and young persons to place of safety
(1) Any police officer, health officer, education officer or probation officer may
remove a child or young person from any place to a place of safety—
(a)
if he is, in the opinion of that police officer health officer, education
officer or probation officer, a child in need of care;
[amended by Act 23 of 2001 ,with effect from the 18th January, 2002.]
or
(b)
if there are reasonable grounds for believing that an offence specified
in the First Schedule is being or has been committed upon or in connection with that
child or young person.
(2) Unless it would be impracticable or detrimental to the best interests of the child
or young person concerned, a police officer, probation officer, education officer or
health officer shall place a child or young person in a place of safety in terms of
subsection (1) within the family or community where the child or young person was
raised.
(3) A police officer, education officer or health officer who has removed a child or
young person to, and any person who receives a child or young person in, a place of
safety in terms of subsection (1) shall notify a probation officer for the area in which
the place of safety is situated of such removal or reception as soon as possible and in
any event within five days of such removal or reception.
[Subsections (2) and (3) inserted by Act 23 of 2001, with effect from the 18th
January, 2002.]
15
Court or magistrate may authorize removal of child or young person to place
of safety
(1) If it appears to any court in the course of any proceedings before that court or to a
magistrate, in the course of a preparatory examination that an offence specified in the
First Schedule has been or is being committed upon or in connection with any child
or young person, or if the parent or guardian of a child or young person is by any such
court or magistrate convicted of or committed for trial for any such offence, that court
or magistrate, as the case may be, may, if it or he considers it expedient, issue a
warrant authorizing a police officer to search for and to take the child or young
person to a place of safety.
(2) If it appears to any magistrate, on information given on oath by any person, that
there are reasonable grounds for suspecting that an offence specified in the First
Schedule is being or has been committed upon or in connection with a child or young
person who is within the area of his jurisdiction or that a child or young person is in
need of care and that it is expedient that such child or young person shall be taken
into a place of safety, the magistrate may issue a warrant authorizing any police
officer to search for and to take the child or young person to a place of safety.
(3) Any police officer acting under a warrant issued in terms of subsection (1) or (2)
may enter, by force if necessary, any house or other premises wherein the child or
young person who is the subject of the warrant is suspected to be and may remove
such child or young person from the place where he finds him to a place of safety.
(4) Any warrant issued in terms of subsection (1) or (2) may authorize any person
named therein to accompany the police officer who is to execute the warrant.
(5) It shall not be necessary in any warrant issued in terms of subsection (1) or (2) to
state the name of the child or young person whose removal is thereby ordered.
16
Authority to detain child or young person in place of safety
Any child or young person who—
(a)
has been taken to a place of safety in terms of this Act or who has
sought refuge in a place of safety, may be detained therein: or
Select target paragraph3
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