The Youth Courts have the power to make BPC Orders only against uncontrollable children who are below the age of 16 years at the point of BPC order.
If the Judge is of the view that the youth is beyond parental control, a Social Report will be called for which is conducted by a welfare officer and a subsequent recommendation made for disposition of the case. Youths who exhibit delinquent traits need to be diverted from further misbehavior and prevented from potentially going on to commit offences.
Under the CYPA, a, Youth Court may make a BPC Order if satisfied that it is expedient to do so and the parent or guardian consents to the making of such order. The Court may order for the child or young person to be:
- Placed under statutory supervision for a period of not more than three years, under the supervision of a social worker; or
- Sent to a place of safety for a period not more than three years.
The Court may make further orders requiring the child or young person and/or the parent or guardian to undergo counselling, psychotherapy or other forms of assessment and treatment or to participate in any activity. The aim of such an order is to:
- Resolve relationship problems between the child or young person and the parent or guardian;
- Rehabilitate the child or young person;
- Enable the parent or guardian to manage the child or young person; or
- Enhance, promote and protect the well-being and safety of the child or young person.
The Court may also require the parent or guardian to enter into a bond to comply with such an order.