Children's Act, 2005 (Act No. 38 of 2005)Chapter 11 : Alternative Care172. Change in residential care programme |
| (1) | The provincial head of social development in the relevant province may, subject to subsection (3), determine that— |
| (a) | a child in a child and youth care centre be released from a residential care programme; |
| (b) | another residential care programme be applied to such a child; or |
| (c) | an additional residential care programme be applied to such a child. |
| (2) | To give effect to subsection (1), the provincial head of social development may transfer the child to another child and youth care centre or to a person in terms of section 171. |
| (3) | No determination in terms of subsection (1) may be carried out without ratification by a children's court if that determination requires that a residential care programme be applied to the child, which programme— |
| (a) | includes the secure care of a child; or |
| (b) | is more restrictive than the child's current residential care programme. |