Child Care Service Order, 1977
Kings Order in Council 30 of 1977
- Assented to on 1 September 1977
- Commenced on 16 September 1977
- [This is the version of this document at 1 December 1998.]
1. Short titleThis King’s Order-in-Council may be cited as The Child Care Service Order, 1977.
2. InterpretationIn this Order, unless the context otherwise requires—“child” means any person under the age of sixteen years;“committal order” means an order made by a Juvenile Court under section 7(6);“foster-parent” means any person, not being a parent or guardian of the child, who undertakes the responsibility of providing for the care, accommodation and upbringing of the child, with or without financial reward or who is appointed by a court for this purpose;“guardian” means the natural guardian of a child or tutor duly appointed over such child by law or in the absence of any such guardian or tutor, any relative designated by the parent to assume responsibility for the child, or nominated by a chief or other person in authority to stand in loco parentis to the child;“institution” means any residential establishment providing care and accommodation for children;“Juvenile Court” means, pending the establishment of a Juvenile Court or of a court of similar name established by statute, a court presided over by a magistrate in terms of the Magistrate’s Court Act, No. 66 of 1938, and on the establishment of a Juvenile Court or court of similar name, such court;“Magistrate” means a magistrate of the first or second class duly appointed as such under the Magistrate’s Court Act, No. 66 of 1938;“Minister” means the Minister for Health;[Amended L.N.194/1996]“officer” means a member of the personnel of the Service referred to in section 5;“parent” means the natural or adoptive father or mother, or stepfather or stepmother of the child;“Place of Safety” means any remand home, police station, hospital, school, institution (whether established under this Order or by a voluntary body), or any other suitable place the occupier of which is willing temporarily to receive a child;“Principal” means and includes deputy principal child care officer appointed as such under section 5;“Service” means the Child Care Service established under section 3;“voluntary body” means any person or group of persons, having wholly or partially independent financial support, which provides services for children.
3. Establishment of a Child Care Service
4. General functions of the Service
5. Personnel of the Service
6. Powers and duties of officers of the Service
7. Place of Safety Order
8. Duty of police to assistAny police officer shall, when called upon to do so by the Principal or any Child Care Officer, assist in enabling officers of the Service to carry out their duties as designated in this Order.
9. Additional powers and duties of the Service
10. Duties of voluntary bodies
11. Duties of foster-parentsA foster parent, in whose care a child is placed by the Principal shall carry out such requirements as to the care and accommodation of such child as are set out in regulations made under this Order.
12. Duties of officers of the Service in relation to voluntary institutions and foster-parents
13. Indemnification of the Government, the Service and the PoliceThe Government, the Service and any police officer who has acted under this Order is hereby indemnified against and exempted from all legal proceedings whatsoever (whether criminal or civil) on account of anything done by any officer or police officer in the bona fide execution of his duty and the exercising of his powers under this Order.
14. OffencesAny person who wilfully obstructs or interferes with an officer of the Service or a police officer engaged in carrying out duties under this Order, or who refuses, obstructs or prevents the inspection of premises as required under this Order, or who refuses to comply with any instruction as to the discontinuation of provision for children as required under this Order, shall be guilty of an offence and liable on conviction to a fine of two hundred emalangeni or twelve months imprisonment or both.
15. RegulationsThe Minister may make regulations for the better administration of this Order and for the attainment of the objects of this Order, and without affecting the generality of the aforegoing may prescribe—
History of this document
01 December 1998 this version
16 September 1977
01 September 1977