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

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

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• any unexplained delay in seeking medical treatment for a child who isseriously injured, should be examined as a possible indicator <strong>of</strong> abuse orneglect.Annexure B <strong>of</strong> the Children’s <strong>Act</strong> (National Norms and Standards as part <strong>of</strong> theChildren’s <strong>Act</strong> Part III), provides for the National Norms and Standards for childprotection. Point 2 also provides specifics when doing assessment <strong>of</strong> children whohave been abused or deliberately neglected.Additional service specific Norms and Standards in terms <strong>of</strong> the Children’s <strong>Act</strong>were also developed (Norm 105, page 194), the following needs to be noted:• Risk assessment must be conducted for all children under the age <strong>of</strong> 18within the household and completed on a standardised form.• The risk assessment framework must guide decision-making in terms <strong>of</strong>child protection services.• Only designated social workers may conduct the risk assessment.• Each child must be assessed individually and within 48 hours uponreceipt <strong>of</strong> reports <strong>of</strong> abuse or deliberate neglect. Victims <strong>of</strong> rape should betaken to the doctor within 72 hours and be regarded as the highest priority.• The outcome <strong>of</strong> the risk assessment must indicate high, medium or low risk.• The outcome <strong>of</strong> the risk assessment must indicate the appropriateprotective measures <strong>of</strong> interventions.15. A child in need <strong>of</strong> care and protectionLegal positionSection 150 (1)(a) identifies a child who is in need <strong>of</strong> care if the child has beenabandoned or orphaned and is without visible means <strong>of</strong> support. The Child Care<strong>Act</strong> 83 <strong>of</strong> 1974 provided for an abandoned, orphaned child or a child without visiblemeans <strong>of</strong> support. Hence the interpretation <strong>of</strong> this clause by presiding <strong>of</strong>ficersmean that the child should be both abandoned/orphaned and without visible means<strong>of</strong> support.Children’s <strong>Act</strong> practice note 02 <strong>of</strong> <strong>2011</strong>: Transitional matters18

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