CHILDREN’S PROTECTION AND ADOPTION ACT (as amended at 01 December 2002)
(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 inquiry32.
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;33 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 of the community or a
section thereof;34 or
(vi) upon being satisfied that a training institute will accept the child or young person, order that the
child or young person be placed in that training institute, which shall be named in the order;
for the period specified in subsection (1) of section twenty-five.
(2) A children's court which makes an order in terms of subparagraph (ii), (iii) or (iv) of subsection (1)
may also order, at the same or any later time, that the child or young person shall be placed under the
supervision of a probation officer for such period, not exceeding three years, as the court may determine.
(3) A children's court which makes an order in terms of subparagraph (ii), (iii), or (iv) of subsection
(1) may order that the child, if he is of or above the age of twelve years, or the young person shall attend
an attendance centre specified in the order on such days and during such hours as may be stated in the
order:
Provided that no child or young person may be ordered to attend such centre for longer than three
hours per week or forty-eight hours in all.
(3a)2 A child or young person who fails to comply with an order in terms of subsection (3) shall be
guilty of an offence and liable to a sentence of moderate corporal punishment, not exceeding six strokes,
in accordance with section 353 of the Criminal Procedure and Evidence Act [Chapter 9:07].
(4) A children's court which has held an inquiry in terms of section nineteen in respect of a child or
young person may direct that the child or young person shall be kept in a place of safety or returned to
the custody of his parent or guardian until such court has made an order in respect of that child or young
person in terms of subsection (1) or until any order made thereunder can be put into effect.
(5)35 The parent or guardian of a child or young person in respect of whom an order has been made in
terms of subsection (3) shall take all reasonable steps to ensure that the order is complied with.
(6) Where the parent or guardian of a child or young person in respect of whom an order has been
made in terms of this section changes his place of residence during the currency of the order, he shall
2
Subsection inserted by s. 4 of Act 22/2001.
17
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