STAATSKOERANT, 19 JULIE 2011 No.
Notwithstanding the provisions of section 314 of the Children's Act 38 of 2005, any foster care order that was granted prior to 1 April 2010 that has not yet expired, shall, when it becomes due to expire, be dealt with under an administrative process following the procedure previously provided for in terms of the Child Care Act 74 of 1983 and the regulations thereto.
All foster care orders that have expired since 1 April 201 0 are deemed not to have expired and are hereby extended for a period of 2 (two) years from the date of the court order (22 June 2011) excluding all foster care orders that have expired due to the child turning 18 years of age.
All foster care orders that expired within a period of not more that 2 (two) years prior to 1 April 2011 , are deemed not to have expired and are hereby extended for a period of 2 (two) years from the date of the court order (22 June 2011) excluding all foster care orders that have expired due to the child turning 18 years of age.
During the two year period allowed in paragraphs 3 and 4 the MECs for Social Development shall direct the relevant social workers to identify and investigate foster care orders referred to in paragraphs 3 and 4.
No.34472 GOVERNMENT GAZETTE, 19 JULY 2011 paragraph 3 and 4. If a foster care order should not remain extended for the full two year period ordered in paragraph 3 and 4, or should be extended for longer than 2 years, the social worker may approach the Children's Court for an appropriate order in terms of the Children's Act.
Nothing in this order shall prevent the Children's Court from hearing a matter and making an appropriate order in terms of the Children's Act when approached by a social worker with an application concerning a foster care order falling within the ambit of this order, which may include terminating or varying the foster care order in terms of section 159 or extending the foster care order in terms of section 186 of the Children's Act.