[Repealed by Act 23 of 2001, with effect from 18th January, 2002.] AN ACT to provide for the establishment of children’s courts; to make provision for the protection, welfare and supervision of children and juveniles; to provide for the establishment, recognition and registration of certain institutions and institutes for the reception and custody of children and juveniles and for the treatment of children and juveniles after their reception in such institutions and institutes; to require the contribution by certain persons towards the maintenance of children and juveniles; to provide for the adoption of minors; and to provide for matters incidental to or connected with the foregoing. [Date of commencement: 27th October, 1972.] PART I PRELIMINARY 1 Short title This Act may be cited as the Children’s Act [Chapter 5:06]. [Amended by Section 2 of Act 23 of 2001, with effect from 18th January, 2002.] 2 Interpretation In this Act— “adopted child” means a person adopted in terms of Part VII; “adopter” means a person who has adopted a person in terms of Part VII; “adoption order” means an order of adoption made in terms of Part VII; “attendance centre” means a building or place which a child or young person has to attend on the order of a children’s court to receive guidance and to undergo treatment in order that he may be rehabilitated and disciplined; “certified institution” means a training institute or an institution established and maintained in terms of subsection (1) of section twenty-nine and, if the context so requires, includes the persons responsible for managing such an institution; [Amended by Act 23 of 2001 ,with effect from the 18th January, 2002.] “child” means a person under the age of sixteen years and includes an infant; “child in need of care” means a child or young person— (a) who is destitute or has been abandoned; or (b) both of whose parents are dead or cannot be traced and who has no legal guardian; or (c) whose legal guardian or parents do not exercise proper control and care over him; or (d) whose legal guardian or parents are unfit to have or exercise control over him; or (e) who is in the custody of a person who has been convicted of committing upon or in connection with that child or young person any offence specified in the First Schedule; or (f) who cannot be controlled by his parents or guardian; or (g) who is a habitual truant; or (h) who frequents the company of any immoral or vicious person or is otherwise living in circumstances calculated to cause or conduce to his seduction, corruption or prostitution; or (i) who begs or, being a child, engages in street trading contrary to this Act or any other enactment; or ( j) who is being maintained in circumstances which are detrimental to his welfare or interests; or (k) who is found in possession, without reasonable excuse, of any drug to which the Dangerous Drugs Act [Chapter 15:02] applies or of any specified drug as defined in the Drugs and Allied Substances Control Act [Chapter 15:03]; or (l) who suffers from a mental or physical disability and requires treatment, training or facilities which his parents or guardian are unable to provide; or (m) whose parent or guardian has given him up to another person in settlement of a dispute in accordance with custom; or