The Youth Courts have the power to make FGOs only if the child/young person is below the age of 16 years at the time when the order is made.
Following the amendments to the CYPA, the Youth Court Judge has to be satisfied that the following requirements are met before making a FGO:
- The parent or guardian is unable to guide the child/young person and the child/young person needs to be guided by someone else;
- The child/young person and the parent or guardian have completed a family programme, unless the Court waives this requirement; and
- The parent or guardian consents to the making of a FGO
If the requirements are met, the child/young person may be ordered to be:
- Placed under statutory supervision under the supervision of an approved welfare officer for up to 3 years;
- Committed to the care of a fit person for up to 3 years; or
- Committed to a place of safety for up to 3 years.
The child/young person and/or the parent or guardian may also be ordered to attend counselling, psychotherapy or any other assessment, programme or treatment or such activity as the Youth Court Judge thinks necessary. The parent or guardian may also be required to enter into a bond to comply with such an order.