CHILDREN’S PROTECTION AND ADOPTION ACT (as amended at 01 December 2002)
(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
(n) whose parent or guardian makes him perform work that is likely to be hazardous or to interfere
with his education or to be harmful to his health or to his physical or mental development; or
(o) whose parent or guardian has denied him proper health care; or
(p) whose parent or guardian has unlawfully removed him from lawful custody;
“clerk of a children's court” means any official carrying out the duties of such clerk on the instruction of the officer presiding over the children's court;
“contribution order” means an order made in terms of Part VI for the periodical payment of sums of
money towards the maintenance of a child, young person or pupil;
“Council”4 means the Child Welfare Council established in terms of section two A;
“designated country"5 means a country declared to be a designated country in terms of section seventyfive B;
“Director” means the person for the time being holding the office of Director of Social Affairs, Youth
and Rehabilitation or lawfully acting in the capacity thereof;
“earnings”, in relation to a responsible person, means any money payable to that person—
(a) by way of salary, wages, remuneration or allowances and includes any fees, bonus, commission,
overtime pay or other emoluments payable in addition thereto; or
(b) by way of a pension and includes—
(i) an annuity, gratuity, commutation of pension or other like allowance or refund of pension
contributions, including interest payable thereon, whether the same is payable in respect of
past services or otherwise; and
(ii) periodical payments in respect of or by way of compensation for the loss, abolition or relinquishment, howsoever arising, or any diminution in the emoluments of any office or employment;
“education officer”6 means a person or class of persons involved in the education of a child or young
person who is designated as an education officer for the purpose of this Act by the Minister after consulting the Minister responsible for education;
“employer”, in relation to a responsible person, means a person, including the State, by whom earnings are payable or are likely to become payable to the responsible person;
"Fund"7 means the Child Welfare Fund established by section seventy-five H;
“guardian”, in relation to a child or young person, means the legal guardian, and includes any person
who has the custody, charge or care of the child or young person, either permanently or temporarily;
“hazardous labour”8, in relation to a child or young person, means any work—
(a) which is likely to jeopardise or interfere with the education of that child or young person;
(b) involving contact with any hazardous substance, article or process, including ionising radiation;
(c) involving underground mining;
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