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Foster care, as set out in Chapter 12 of the Children’s Act 38 of 2005, is a form of alternative placement that a Children’s Court can order. A child may be placed in foster care when the child has been deemed by the court to be a child in need of care and protection or if a child is transferred to this type of placement in terms of Section 71 of the Act. Section 28(1) of the Constitution, 1996 states that every child has a right to family care or parental care or to appropriate alternative care, as well as to basic nutrition, shelter, health care services and social services. The bests interests of the child are of paramount importance and therefore the right to appropriate alternative care , with consideration to the best interests of the child, is the starting point and real issue when reviewing and analysing the placement of children in foster care.
1. If you want to look after a child who is in need of care and protection, apply to the Department of Social Development or an accredited child protection organisation for permission to foster the child. 2. You will be referred to a social worker who will conduct an investigation. 3. The social worker will assess you and the child. 4. The following documents need to be submitted: • an affidavit stating that the child is abandoned (if applicable); • death certificates of the parents (if applicable); • birth certificate of the child. If the child does not have a birth certificate, the social worker will assist you in obtaining the birth certificate; • your identity document. 5. The biological parents of the child must be involved in the process. 6. If you do not know where the biological parents are, the social worker will assist you in placing an advertisement in newspapers for one month, calling of the parents to come forward. 7. If the biological parents do not come forward the process will proceed. 8. The child must be involved in the entire process. 9. The social worker will compile a report and present it to the Children’s Court with recommendations. 10. Based on the social worker’s report, the presiding officer at the court may find the child to be in need of care and protection. 11. The presiding officer will issue a court order approving the placement of the child with the foster parent. The court order will show the names of the foster parent, the foster child, and the duration of the foster placement.
• under the age of 18 years old and/or: • abandoned or orphaned and without any visible means of support; • display behaviour which cannot be controlled by the parent or care-giver; • living on the streets or begging for a living; • addicted to a dependence-producing substance and without any support to obtain treatment for such dependency; • have been exploited or exposed to exploitation; • at risk if returned to the custody of the parent/guardian/care-giver; • in a state of physical or mental neglect, maltreated, abused or degraded by a parent, a care-giver, a person who has parental responsibilities and rights, or a family member, or by a person under whose control the child is.
• 18 years or older; • fit and proper; • willing and able to look after the child; • able to provide a favourable environment for the child’s growth and development. Once a court order has been issued in your favour, you can apply for a foster child grant at your nearest South African Security Agency office. The child may also be exempted from paying fees at a public school and public healthcare institutions. For the child to be exempted from paying school fees, you have to fill in the exemption form which is available at the school, and submit a letter of recommendation from the social worker to the school. You are only allowed to foster a child for the period indicated in the court order. Once the period has lapsed, the presiding officer may, after reviewing the recommendation from the social worker, extend the period of the court order.
Section 40 of the Child Care Act requires that in the making of decisions regarding placement of a child in foster care, regard shall be had to the religious and cultural background of the child concerned and of his parents against that of the person in whose custody the child is to be placed. The racial and cultural matching of children and prospective adoptive foster parents is desirable, however, there is an urgency to settle a child in a permanent family environment in which he or she can form close bonds and develop normally, and if considerations of culture and ethnicity become the overriding factor, irreparable damage may be done to children who could have the benefit of care in a family environment, albeit by persons who are in different cultural or religious background or physical appearance. When arranging care for a child, including a foreign child (refugee and undocumented immigrant children included), social workers should make full enquiries about the cultural, religious and linguistic background of the child, and the availability of foster parents with a similar background to that child. A child may only be placed with a family of a different background if not family with a similar background to that of the child is available, willing and suitable to foster the child.
Birth Certificate of Minor Child/Children.<
Certified Identity Document of Applicant.
The process are as follows -
The applicant is required to approach the local magistrate’s court in order to become a foster parent.
A social worker will have interviewed the child and the applicant to determine if the applicant is a suitable foster parent to the minor.
The court then considers the best interest of the child.
The social worker will draw a report which will assist the court in making an informed decision in respect of the application. ___________________________________________________________ Hi, I’m Kailash Pillay, an attorney from the city of Johannesburg. My passion for the law stems from a desire to improve upon the lives of the vulnerable who fall prey to a corrupt system. I studied at the University of Johannesburg where I obtained my Bachelor of Laws degree, the starting point to the long journey of becoming a legal practitioner. This profession has taught me to persevere through the complexities of the law and to continually develop my skills as a legal professional.
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An agreement whereby the parties decide to forfeit the action because the involvement of the minor child or children and setting out the details thereof and the terms of the agreement.
Letter to the tradesman granting authority from the parents or guardians of the minor for such tradesman to supply certain goods to the minor.
Document granting the consent to a minor to conclude a marriage stipulating their consent .
Memorandum of agreement where there is a minor involved granting permission therefor.
A single will stipulating the wishes of both spouses in one document without the massing of the estate, stipulating the details of the testators' wishes.
A will stipulating the wishes of both spouses simultaneously whereby the surviving spouse will be appointed as the trustee of the estate in the event of the death of the one spouse, to look after the estate of the minor children.
Appointment of a third person to be guardian with the one parent or the appointment of one guardian to act alone with regards to minor child/ren.
Agreement to release guardians from their o obligation after they have become of age and can acquire their inheritance.
A letter to the party with whom the contract has been concluded whilst still a minor requesting that such contract be repudiated.
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