Children's Act Practice Note 2 of 2011 - LexisNexis South Africa

11. Removal of child to temporary safe care by court orderLegal positionSection 151 (Non-urgent removals) Regulation 53 and 54.The presiding officer can issue an order after listening to evidence given beforehim/her by any person on oath or affirmation that a child appears to be in need ofcare and protection. And further than that, the presiding officer must order that adesignated social worker investigate and compile a report on the circumstances ofthe child in terms of section 155(2) before issuing a court order.The issued court order may stipulate that the child be placed in temporary safecare if it is necessary for the safety and well being of the child, (section151(2)).A person authorised to remove the child may, either alone or accompanied by thepolice official:-enter any premises mentioned in the order;- remove the child from the premises; and-on those premises exercise any power mentioned in section 50(3)(a) to (d) whichis to remove the child, investigate the circumstances of the child, record anyinformation and carry out any specific instruction of the court.Section 151 (6) empowers the police official who may accompany the personauthorized to remove the child, to “use such force as may be reasonably necessaryto overcome any resistance against the entry of the premises contemplated insection 151 (5)(a), including the breaking of any door or window of such premises:Provided that the police official shall first audibly demand admission to thepremises and notify the purpose for which he or she seeks to enter suchpremises.”Section 151 (7) states that:“The person who has removed a child in terms of the court order must—(a) without delay but within 24 hours inform the parent, guardian or care-giver ofthe child of the removal of the child, if that person can readily be traced; and9Children’s Act practice note 02 of 2011: Transitional matters