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

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