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

More documents

Recommendations

Info

• any unexplained delay in seeking medical treatment for a child who isseriously injured, should be examined as a possible indicator of abuse orneglect.Annexure B of the Children’s Act (National Norms and Standards as part of theChildren’s Act Part III), provides for the National Norms and Standards for childprotection. Point 2 also provides specifics when doing assessment of children whohave been abused or deliberately neglected.Additional service specific Norms and Standards in terms of the Children’s Actwere also developed (Norm 105, page 194), the following needs to be noted:• Risk assessment must be conducted for all children under the age of 18within the household and completed on a standardised form.• The risk assessment framework must guide decision-making in terms ofchild protection services.• Only designated social workers may conduct the risk assessment.• Each child must be assessed individually and within 48 hours uponreceipt of reports of abuse or deliberate neglect. Victims of rape should betaken to the doctor within 72 hours and be regarded as the highest priority.• The outcome of the risk assessment must indicate high, medium or low risk.• The outcome of the risk assessment must indicate the appropriateprotective measures of interventions.15. A child in need of care and protectionLegal positionSection 150 (1)(a) identifies a child who is in need of care if the child has beenabandoned or orphaned and is without visible means of support. The Child CareAct 83 of 1974 provided for an abandoned, orphaned child or a child without visiblemeans of support. Hence the interpretation of this clause by presiding officersmean that the child should be both abandoned/orphaned and without visible meansof support.Children’s Act practice note 02 of 2011: Transitional matters18
The Department of Justice sought for a legal opinion from the State Law Advisor inthis regard. The State Law Advisor’s opinion was that the presiding officers makeuse of section156 of the Children’s Act to determine if a child is in need of care andprotection, that is, availability of income of the prospective foster parent must notbe a determining factor for approval of foster care grant. However, presidingofficers may still use their own discretion. (See attached circular-Annexure T-Legal opinion on interpretation of s150).Practice positionThe legal opinion confirms that children, who live with someone who receives anold age grant, do have visible means and can therefore not be seen as a child inneed of care and protection. However the State Law Advisor suggested thatpresiding officers may exercise their wide adjudicative powers, that is, they canuse their own discretion to apply section 45 and 46 of the Children’s Act. An ordercan be made in terms of section 46(1)(a)(i), placing a child in the care of a persondesignated by the court to be the foster parent of the child.A person designated by the court to be the foster parent of the child would thusbe eligible for a foster child grant in respect of the foster child in terms of section 8of the Social Assistance Act.This opinion is also shared with other authors of the Training guidelines for theChildren’s Act “Advanced phase: Child Protection Manual”, when it is said “Itappears that child protection orders as described in section 46 can be made at anytime during a hearing (eg as interim orders), and are not dependant upon a findingthat a child is in need of care and protection”.Although section 46 (1)(a) allows a court to make an alternative care order, section46(1)(j) refers to the fact that the court may ask for an investigation in terms ofsection 50, which refers back to section 155(9). When one looks at section 155(9),it refers back to a child in need of care and protection. Therefore, it will be difficultto make an order for foster care, without finding the child in need of care andChildren’s Act practice note 02 of 2011: Transitional matters19
Page 6: 8. Who is an appropriately trained
Page 14 and 15: 13. Advertising of abandoned or orp
Page 16 and 17: Practice positionWhen attending to
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
Page 26 and 27: (1) A child in alternative care may
Page 28 and 29: 29.1 Procedure for reporting to the
Page 30 and 31: of the Department of Social Develop
Page 32 and 33: All findings of unsuitability to wo
Page 34 and 35: 30. Distinction between National Ch
Page 36 and 37: Practice positionProvinces are requ
Page 38 and 39: 35. Contact personsPolicy, Legislat

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

Create successful ePaper yourself

Delete template?

Save as template?