Children's Act Practice Note 2 of 2011 - LexisNexis South Africa

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13. Advertising of abandoned or orphaned childrenLegal positionRegulation 56 (1). If it appears to a designated social worker that a child has beenabandoned or orphaned, whether for purposes of determining if such child is inneed of care and protection or if such child can be made available for adoption,such social worker must cause an advertisement to be published in at least onelocal news paper circulating in the area where the child has been found callingupon any person to claim responsibility for the child.Practice positionTo advertise abandoned or orphaned children in a news paper kindly use theattached templates. Annexure R-Publication of abandoned or orphaned childwith identifying particulars which should be used in cases where there isinformation available about the concerned child and/or his/her family whereasAnnexure S-Publication of abandoned or orphaned child without identifyingparticulars which should be used if there are no identifying particulars of theconcerned child or his/her family.Provinces must customise these templates and circulate to your counterparts (Districts and NGOs)If the presiding officer decides to use section 45 and 46 there may not be a need toadvertise as regulation 56 makes reference to bringing the orphaned child beforethe court for purposes of finding the child in need of care and protection andsection 46 does not require that the child be found in need of care according tosection 156. However, if the presiding officer decides to use section 156 to presideover the case, then the advertisement must be done as it will contribute towardsdetermining that the child is need of care and protection.The Act does not make reference to an advertisement of foster children forpurposes of extending orders.Children’s Act practice note 02 of 2011: Transitional matters14
14. Determining factors for a child to be placed in alternative careLegal position: Section 45, 46, 150, 155 and 156A child can be placed in alternative care after being found to be in need of care andprotection in terms of section 150, or the children’s court could adjudicate theprotection and well being of a child in terms of section 45 and can make an order interms of section 46(1).Working with a child who should be placed in alternative care, a designated socialworker will have two options in how to approach the Children’s Court.• The first option will be to find the child in need of care and protectionaccording to section 150(1). The court will then follow procedures as set outin section 155 (including a social work report, Form 38) and make anappropriate order according to section 156.• The second option is for a social worker to approach the Children’s Court interms of section 53. The social worker will then give evidence in the formof a report according to section 60(1) (a). It is recommended that socialworkers will use Form 38, as used in terms of section 155(2).Section 45 state that, the court may adjudicate any matter involving:(a) the protection and well-being of a child(g) the temporary safe care of a child(h) alternative care of a childThe court may then make orders in terms of section 46, which includes analternative care order (section 46(1)(a)). When using these sections a child is notfound to be in need of care and protection, but it focuses on the protectionand well being concept of the child to make an appropriate order in terms ofsection 46. The best interest of child standard principle is also applicable in thissituation.Children’s Act practice note 02 of 2011: Transitional matters15
Page 6: 8. Who is an appropriately trained
Page 16 and 17: Practice positionWhen attending to
Page 18 and 19: • any unexplained delay in seekin
Page 20 and 21: protection. Presiding officers migh
Page 22 and 23: For purposes of reviewing foster ca
Page 24 and 25: Practice positionThe diagram below
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Page 36 and 37: Practice positionProvinces are requ
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Children's Act Practice Note 2 of 2011 - LexisNexis South Africa

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