Child Justice Act, 2008 (Act No. 75 of 2008)Chapter 5 : Assessment of Child38. Persons to attend assessment |
| (1) | The child must be present at his or her assessment in terms of this Act. |
| (2) | A child's parent or an appropriate person or a guardian must attend the assessment of the child, unless he or she has been— |
| (a) | exempted by the probation officer from attending; or |
| (b) | excluded by the probation officer from attending because he or she has disrupted, undermined or obstructed the assessment or it is in the best interests of the child or the administration of justice. |
| (3) | A probation officer may permit the following persons to attend an assessment: |
| (b) | a researcher; or |
| (c) | any other person whose presence is necessary or desirable for the assessment. |
| (4) | A probation officer may, if there is any risk that the child may escape or endanger the safety of the probation officer or any other person, request a police official to be present at an assessment. |
| (5) | A probation officer may, where appropriate, elicit the views of the child in private regarding the presence of any person who is attending the assessment. |
| (6) |
| (a) | A probation officer must make every effort to locate a parent or an appropriate person or a guardian in order to conclude the assessment of a child and may request a police official to assist in the location of that person. |
| (b) | A probation officer may conclude the assessment of a child in the absence of a parent, appropriate person or guardian if all reasonable efforts to locate that person have failed or if that person has been notified of the assessment and has failed to attend. |