Chapter 21 and further

Offences

298. (1) A person is guilty of an offence if that person –

(a) commits an act in contravention of the prohibition set out in section 12(3);

(b) contravenes a provision of section 32(4), 74, 95, 116(1), 123(1), (2) or (3), 127, 133(1), 137, 138, 139(3), 249, 250(1), 252, 272, 283(1), 294, 295 or 296;

(c) fails to comply with a provision of section 57(2), 89, 105(1), 124, 126(1), 134(1), 140, 178 or 226;

(d) fails to comply with a request in terms of section 57 (1);

(e) misappropriates money for which that person is accountable in terms of section 136(3);

(f) fails to comply with section 78(1), 95(1), 196(1) or 215(1) after that person has been instructed by way of a notice of enforcement in terms of section 80, 99, 198 or 217 to comply with the relevant section;

(g) fails to stop operating an unregistered child and youth care centre, partial care facility, shelter or drop-in centre after that person has been instructed by way of a notice of enforcement in terms of section 80, 198 or 217 to stop operating that child and youth care centre, partial care facility, shelter or drop-in centre;

(h) fails to stop providing early childhood development services after that person has been instructed by way of a notice of enforcement in terms of section 99 to stop providing those services;

(i) directly or indirectly counsels, induces or aids any child to whom leave of absence has been granted in terms of section 168 not to return to the child and youth care centre or person in whose care or temporary safe care that child has been placed, or prevents the child from returning to that centre or person after the expiration of the period of leave or after the cancellation of such leave;

(j) remove a child in alternative care from the Republic without the prior written approval for such removal first being obtained in terms of section 169;

(k) knowing that a child in alternative care has absconded from or failed to return to that care, directly or indirectly counsels, induces or aids that child not to return to such care, or harbours or prevents the child from returning to that care;

(l) hinders or obstructs –

(i) a police official or designated social worker in the execution of a warrant issued in terms of section 151(2);

(ii) a police official, social worker or authorised officer when removing a child to temporary safe care in terms of section 152(1);

(iii) a police official, social worker or authorised officer when apprehending a child who has absconded from alternative care in terms of section 170(1);

(m) hinders or interferes with a person in the execution of official duties in terms of section 297;

(n) fails to comply with a request of a person in the execution of his or her official duties in terms of section 50(4) or section 297 or furnishes false or misleading information to such a person when complying with such a request;

(o) falsely professes to be a person authorised in terms of section 50(4) or 297 or an assistant of such a person;

(p) has been issued with a written notice as contemplated in section 153(1) and –

(i) refuses to leave the home or the place where the child resides; or

(ii) has contact with the child in contravention of the written notice;

(q) contravenes or fails to comply with an order of a High Court, Divorce Court in a divorce case and children’s court issued in terms of this Act, including section 153(6), or contravenes or fails to comply with any condition contained in such order;

(r) commits an act in contravention of the prohibition set out in section 285(1); or

(s) commits an act in contravention of the prohibition set out in section 284(1).

(2) A person unfit to work with children is guilty of an offence if that person –

(a) operates or assists in any way in operating a partial care facility, child and youth care centre or a shelter or drop-in centre;

(b) assumes the foster care, kinship care or temporary safe care of a child; or

(c) applies for the foster care, kinship care, temporary safe care or adoption of a child.

(3) A parent, guardian, other person who has parental responsibilities rights in respect of a child, care-giver of a child or person who has no parental responsibilities and rights in respect of a child but who voluntarily cares for the child either indefinitely, temporarily or partially, is guilty of an offence if that parent or care-giver –

(a) abuses or deliberately neglects the child; or

(b) abandons the child.

(4) A person who is legally liable to maintain a child is guilty of an offence if that person, while able to do so, fails to provide the child with adequate food, clothing, lodging and medical assistance [aid].

(5) A person who is the owner, lessor, manager, tenant or occupier of any premises on which the commercial sexual exploitation of a child has occurred is guilty of an offence if that person, on gaining information of that occurrence, fails to promptly take reasonable steps [within a reasonable period of gaining information of that occurrence, fails] to report the occurrence to the South African Police Service.

(6) Subject to subsection (8), a person convicted of an offence in terms of subsection (1), (2), (3), (4) or (5) is liable to a fine as may be determined in terms of applicable legislation, or to imprisonment for a period not exceeding ten years, or to both such fine and such imprisonment.

(7) A person convicted of an offence in terms of subsection (1), (2), (3), (4) or (5) more than once is liable to a prescribed fine or imprisonment for a period not exceeding 20 years or to both such fine and such imprisonment.

(8) A person convicted of an offence in terms of subsection (1)(s) is, in addition to any other offence of which he or she may be convicted, liable to a prescribed fine or imprisonment for a period not exceeding 20 years or to both such fine and such imprisonment.

Inspection of child and youth care centres, partial care facilities, shelters and drop-in centres

297. (1) A person authorised by the Director-General, a provincial head of social development or a municipality may enter any child and youth care centre, partial care facility, shelter or drop-in centre or any place which on reasonable suspicion is being used as an unregistered child and youth care centre, partial care facility, shelter or drop-in centre, in order –

(a) to inspect that centre, facility, shelter or place and its management; or

(b) to observe or interview any child, or cause a child to be examined or assessed by a medical officer, social worker, psychologist or psychiatrist.

(2) (a) An identity card prescribed by regulation must be issued to each person authorised in terms of subsection (1).

(b) When inspecting such a centre, facility, shelter or place, a person authorised in terms of subsection (1) must, on demand, produce such an identity card.

(3) A person authorised in terms of subsection (1) may for the purposes of that subsection –

(a) determine whether the centre, facility, shelter or place complies with –

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(iii) any structural, safety, health and other requirements as may be required by any law [of the municipality]; and

(iv) the provisions of this Act;

(b) require a person to disclose information, either orally or in writing, and either alone or in the presence of a witness, about any act or omission which, on reasonable suspicion, may constitute an offence in terms of this Act, or a breach of a provision of this Act or of a condition of registration, and require that any disclosure be made under oath or affirmation;

(c) inspect, or question a person about any record or document that may be relevant for the purpose of paragraph (b);

(d) copy any record or document referred to in paragraph (c), or remove such record or document to make copies or extracts;

(e) require a person to produce or deliver to a place specified by the authorised officer, any record or document referred to in paragraph (c) for inspection;

(f) inspect, question a person about and if necessary remove, any article or substance which, on reasonable suspicion, may have been used in the commission of an offence in terms of this Act or in breaching a provision of this Act or of a condition of registration;

(g) record information by any method, including by taking photographs or making videos; or

(h) exercise any other power or carry out any other duty that may be prescribed by regulation.

(4) A person authorised in terms of subsection (1) must –

(a) provide a receipt for any record, document, article or substance removed in terms of subsection (3)(d) or (f); and

(b) return anything removed within a reasonable period unless seized for the purpose of evidence.

(5) A person authorised in terms of subsection (1) must submit a report to the Director-General, the provincial head of social development or a municipality, as may be appropriate, on any inspection carried out by that person in terms of this section.

Regulations

299. (1) The Minister may make regulations prescribing –

(a) any matter referred to in sections 90, 103, 142, 160, 179, 190, 212, 227 and 253;

(b) any matter that may be prescribed by the Minister by regulation in terms of this Act, after consultation with the Minister for Justice and Constitutional Development where courts, court orders and the review of decisions by the courts are regulated;

(c) codes of ethical practice for persons operating, and assisting in the operation of, child and youth care centres, partial care facilities, shelters and drop-in centres;

(d) procedures for the interview of persons to be employed or engaged in child and youth care centres, partial care facilities, shelters and drop-in centres;

(e) any other matter that may facilitate the implementation of this Act.

(2) Regulations made in terms of subsection (1) may –

(a) apply –

(i) generally throughout the Republic or in a [only in a specified area or] category of areas;

(ii) generally to all persons or only to a specified category of persons; or

(iii) generally to all child and youth care centres, partial care facilities, shelters or drop-in centres or only to a specified category of such centres, facilities, shelters or drop-in centres; or

(b) differentiate between different –

(i) areas or categories of areas;

(ii) persons or categories of persons; or

(iii) child and youth care centres, partial care facilities, shelters or drop-in centres or categories of such centres, facilities, shelters or drop-in centres.

(3) Regulations made in terms of subsection (1) may provide that any person who contravenes or fails to comply with a provision thereof is guilty of an offence and liable on conviction to –

(a) imprisonment for a period not exceeding two years;

(b) an appropriate fine; or

(c) both a fine and imprisonment.

[Outsourcing of services] Agency agreements

305. (1) The Minister or an MEC for social development in a province may, subject to the departmental strategic plan, enter into an [by] agreement with a designated child protection organisation or other appropriate person, for [assign] the provision of any service that may or must be provided in terms of this Act, to by such [that] organisation or person on an agency basis.

(2) The Minister or MEC may delegate to such organisation or person such powers and duties in terms of this Act as may be required for the proper performance of the service.

(3) Section 300 or 302, as may be appropriate, and read with such changes as the context may require, applies in respect of any delegation in terms of subsection (2).