CHILDREN’S PROTECTION AND ADOPTION ACT (as amended at 01 December 2002) (b) to devise and carry out measures for the observation and correction of tendencies to delinquency in children and young persons and for the discovery and removal of conditions causing or contributing to juvenile delinquency; (c) to counsel, supervise and control any person placed under the supervision of the probation officer;54 (d) to perform such other duties as may be imposed upon them in terms of this Act or any other enactment or by the Minister. (1a)55 The Minister may, where a public officer is not available, engage social workers who are registered in terms of the Social Workers Act [Chapter 27:21], and are not public officers, to perform the functions of a probation officer in terms of this Act on such terms and conditions as the case may be agreed. (2) A probation officer shall be an officer of the High Court, every children's court and every magistrates court. (3) When a person is placed under the supervision of a probation officer, that officer shall be designated by his office and not by the name of any particular person holding that office. (4)56 Any person who— (a) obstructs or hinders a probation officer in the exercise of his powers or the execution of his duties in terms of this Act; or (b) fails to comply with a requirement of a probation officer in the exercise of his powers or the execution of his duties in terms of this Act: or (c) impersonates a probation officer; shall be guilty of an offence and liable to a fine not exceeding six months or to both such fine and such imprisonment. 47 Transfer of certain parental powers (1) Subject to subsections (4) and (5), a parent or guardian of any pupil, child or young person who has, in terms of this Act or any other enactment, been placed in a certified institution or training institute or in the custody of some person shall be divested of his right of control over and of his right to the custody of such pupil, child or young person and those rights shall be vested in the management of the certified institution or training institute in which that pupil, child or young person has been placed or in the person in whose custody such pupil, child or young person has been placed. (2) Subject to subsections (4) and (5), the parent or guardian of a child or young person may, in writing, consent to the child or young person being placed in the custody of the management of a certified institution or an institution, and the parent or guardian shall thereupon be divested of his right of control over and of his right to the custody of the child or young person and those rights shall be vested in the management of the certified institution or institution in whose custody that child or young person has been placed: Provided that— (i) the parent or guardian shall remain responsible for the maintenance of the child or young person; (ii) the parent or guardian or the management of the certified institution or institution may, by notice in writing to the other party, terminate the control over and custody of the child or young person by the management, and thereupon the rights vested in the management in terms of this subsection shall be revested in the parent or guardian. (3) If a minor living with his parent or guardian is by virtue of an order made or licence granted in terms of this Act or any other enactment under the supervision or control of a probation officer or other person, the parent or guardian of such minor shall exercise his right of control over the minor in accordance with any directions which he may have received from such probation officer or other person. (4) The rights transferred by subsection (1) or (2) from a parent or guardian to the management of any certified institution or institution or training institute or person shall not include the powers to deal with any property of a pupil, child or young person or the power to consent to the marriage of a pupil, child or 27

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