Child Justice Act, 2008 (Act No. 75 of 2008)RegulationsRegulations relating to Child JusticeChapter 5 : Assessment of Child26. Powers and duties of probation officer at assessment |
(1)
| (a) | A probation officer must inform the child of his or her rights in terms of section 39(1) of the Act— |
| (i) | in a language that the child understands and preferably in a language of his or her choice, or through an interpreter, if necessary; |
| (ii) | in plain language and using simple vocabulary; and |
| (iii) | in a manner appropriate to the age, maturity and stage of development of the child. |
| (b) | A probation officer must when informing the child about his or her rights— |
| (i) | give enough detail about the rights of the child; |
| (ii) | allow sufficient time so that the child can absorb the information; |
| (iii) | encourage and allow the child to ask questions and to respond to the questions asked; and |
| (iv) | elicit responses from the child by asking questions in order to ensure that he or she understands the information. |
| (c) | The probation officer must conduct the assessment in an atmosphere conducive to participation of the child and his or her parent, the appropriate person or guardian and elicit the views of the child. |
| (d) | The probation officer must, in ensuring a conducive atmosphere for participation, consider all possible venues for the assessment as referred to in section 37 of the Act, including the place of residence of the child or the child and youth care centre where the child has been placed. |