CHILDREN’S PROTECTION AND ADOPTION ACT (as amended at 01 December 2002)
Provided that nothing in this subsection contained shall be construed as requiring the Director to comply with the advice of an advisory committee.
30 [Certified institutions]
...45
31 Registration of institutions
(1) Subject to subsection (2), no person shall receive any child or young person in an institution unless
that institution has been registered in terms of this section in the name of that person or otherwise than in
accordance with the conditions on which that institution has been so registered.
(2) Application for the registration of an institution in terms of this section shall be made to the Minister and the Minister may—
(a) before considering any such application, require the applicant to publish in one or more newspapers
named by the Minister a notice in a form to be fixed by the Minister to the effect that he has applied
for the registration of the institution in question;
(b) reject any such application or grant it either unconditionally or on such conditions as he may think
fit and issue to the applicant a certificate of registration in the prescribed form.
(3) A certificate of registration issued in terms of subsection (2) may at any time be cancelled by the
Minister or surrendered to the Minister by the person in whose name it was issued:
Provided that no such certificate shall be cancelled unless at least one month’s written notice of intention to cancel that certificate has been given to the person in whose name it was issued and the Minister
has considered any representations submitted by such person in pursuance of such notice.
(4) If the Minister is satisfied that the management of any registered institution or the accommodation,
transport or other facilities provided for, or the treatment of, the children and young persons therein is
such as to endanger their welfare, he may serve upon the person responsible for the management of such
institution such general or special directions with respect to the matters aforesaid or any of them as he
thinks expedient for the welfare of the children and young persons in the institution.
(5) The Minister shall cause notice of the registration of any institution and of the cancellation or surrender of any certificate of registration issued in terms of this section to be published in the Gazette.
(6) The Chief Health Officer or any medical officer of health of a local authority or any person authorized thereto in writing by either of them may visit and inspect any institution.
(7) No person shall obstruct any person referred to in subsection (6) in the exercise of his powers in
terms of that subsection.
(8)46 Any person who contravenes any provision of this section or any direction given in terms thereof
shall be guilty of an offence and liable to a fine not exceeding one thousand dollars or to imprisonment
for a period not exceeding three months or to both such fine and such imprisonment.
32 Liability for maintenance of child or young person received in terms of this Act 47
Any certified institution or person who has received any child or young person placed with it or in his
custody in terms of this Act or any other enactment shall be deemed to have the custody of that child or
young person and shall be bound to maintain and care for that child or young person for so long as he
has been placed with that institution or in the custody of that person:
Provided that such certified institution or person may at any time, after giving to the Director not less
than three month’s written notice, disclaim further responsibility for the maintenance and custody of any
such child or young person.
33 Pupil of certified institution or training institute may be released on licence
(1) The management of a certified institution or training institute may by licence permit any pupil in
that institution or institute to live in the custody of a suitable person for such period, not exceeding three
years, and on such conditions as may be agreed between that person and such management or to reside as
may be directed by such management from time to time:
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