The Childrens Act allows a police officer to remove a child from a parent or any other person if he/she believes that the child is in need of care (eg if the child is neglected) and to take the child to a place of safety.

After this, the Children’s Court will decide what is in the best interests of the child. Where no person can be found to take care of the child, the child may be sent to a children’s home until he/she is placed with a family or reaches the age of 18 years.

Can a Children’s Home Refuse to Admit a Child Who Has HIV?

A children’s home, place of safety, or any other institution (including schools and pre-schools) may not refuse to admit a child simply because of the child’s HIV status. This is unfair discrimination.

Can a Children’s Home or Place of Safety Have Information on a Child’s HIV Status?

A children’s home or place of safety does not have a right to have information on a child’s HIV status. Sometimes it maybe in the best interests of the child if the care-giver knows a child’s HIV status. Children who are 12 years or older can decide whom to tell about their HIV status.