Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985)RulesThe Children's Courts Rules of South AfricaChapter 5 : Child in need of Care and Protection16. Review of removal of child to temporary safe care |
| (1) | Upon receiving Form 36 of the general regulation and any other supporting documentation, the clerk must submit the form, other supporting documentation, report, or affidavit as provided for in sections 151 and 152 of the Act to the presiding officer without delay. |
| (2) | The court must, before the expiry of the next court day, review whether it was necessary to remove and place a child in temporary safe care. |
| (3) | Where the review is not submitted to the court within the prescribed time limit, the court must record the reasons for the failure and act in the best interests of the child as provided for in section 6(2)(a) of the Act by reviewing the decision to remove the child. |
(4)
| (a) | When reviewing the decision to remove the child, the court must consider— |
| (i) | whether reasonable grounds existed at the time to believe that the child may be in need of care or protection; |
| (ii) | whether the removal was necessary to secure the child’s safety and well-being; and |
| (iii) | the best interest of the child at the time of the removal. |
| (b) | The court must consider all available evidence, including the report of the social worker, the submissions by the parent, guardian or care-giver of the child, if present, and any other relevant information. |
| (c) | If it is in the best interests of the child, the court may postpone the matter for the shortest period of time to call for further evidence or for the purpose of giving notice to any other person whose attendance at the proceedings is necessary. |
| (d) | If the review proceeding is postponed, the court must make an appropriate order as to the placement of the child. |
| (5) | After reviewing the decision to remove the child, the court may— |
| (a) | confirm the removal of the child and— |
| (i) | confirm the placement of the child at the place of temporary safe care; |
| (ii) | place the child in any other approved temporary safe care; or |
| (iii) | make any other order regarding the placement or care of the child that would be in the best interests of the child; |
| (b) | set aside the removal of the child and— |
| (i) | order the return of the child to the care of the person from whose care the child has been removed; and |
| (ii) | make any other order the court deems fit that would be in the best interests of the child; and (c) where appropriate, make any additional orders as provided for in section 50 of the Act. |
| (6) | The court must, whether the removal of the child was confirmed or set aside, order that the question whether the child is in need of care and protection be referred to a designated social worker for an investigation as contemplated in section 155(2) of the Act. |
| (7) | The court may, on application and where appropriate, amend or vary any order, made in terms of this rule. |