The Court can also issue such order when it is of the opinion that the order would be necessary in the protection and well-being of the child. The Foster Care Order would entail that the child is placed in the care of a foster parent who is not the parent or guardian of the child. A foster parent can also be an active member of an organisation operating a cluster foster-care scheme and who has been assigned responsibility for the foster care of a child. A Children's Court can instruct a person such as a parent or guardian to pay money towards expenses incurred by the State in respect of the child during a period when compulsory care and protection measures had to be taken.
The Children's Court can also issue an order instructing a person such as a parent or guardian to pay a sum of money as a contribution towards the maintenance or treatment of a child placed in alternative care, such as foster care.
This means the child has been placed either in foster care, a child- and youth-care centre, or in temporary safe care. We would like to go on holiday outside South Africa and take the children to whom we are foster parents, along. Is this possible? A child in alternative care may not leave South Africa without the written approval of the Provincial Head of Social Development. This approval must be obtained in writing prior to departure from the country.
The Act says that not more than six children may be placed in foster care with a single person or two persons sharing a common household, except where the children are siblings or blood relations or if the Court considers this to be in the best interests of all the children concerned. This is with the discretion of the Court. Normally, placements are made for up to two years. But it can be up to 18 years if all the requirements are met.
No a boarding school cannot also be a child- and youth-care centre. The Act states that a child-and youth-care centre is a facility for the provision of residential care to more than six children outside the child's family environment in accordance with a Residential Care Programme suited for the children in the facility, but excludes:. A child may be adopted jointly by a husband and wife; partners in a permanent domestic life-partnership; or other persons sharing a common household and forming a permanent family unit.
The following persons may also adopt a child :. For more information the process of adoption , please visit the GOV. ZA Services website. Will this be possible? Yes, it is possible. The Court takes into account all relevant factors, including the religious and cultural background of:. The Act makes provision for people from all other countries to adopt a child from South Africa, as long as the requirements under the Act are met.
Requirements will differ depending on whether the person is adopting from a Convention or Non-Convention country. A Convention or Non-Convention country refers to a country that has or has not yet signed and ratified the Hague Convention on Inter-Country Adoptions. What recourse do I have? You are advised to contact the office of the Chief Family Advocate view their contact details to assist you with this matter.
There is a further duty under section 20 to accommodate certain children in need in their area. A child is 'in need' if: . Development means physical, intellectual, emotional, social or behavioural development. Health means physical or mental health. A homeless child is a child in need.
There is a specific requirement for an assessment of a child in need in order to decide what services should be provided under the Children Act. An assessment must take into account all the child's needs including accommodation , assess the further support the child needs and be kept up-to-date when the child's circumstances change. This will require a reassessment. The authority must carry out full and proper inquiries, and show procedural fairness when performing any reassessment.
Summary of the Children and Families Act
Where applicable, the assessment must consider needs resulting from the child being the victim of human trafficking or being an unaccompanied asylum seeking child. It states that, following a request for services under the Children Act: . A local authority must comply with the guidance. Failure to comply is unlawful, except in exceptional circumstances. An assessment will also be unlawful if reaches a conclusion that no reasonable authority could have reached. The High Court found the assessment to be unlawful. Presence in an area would require something more than a brief visit.
Once a child in need assessment has been completed, the decision as to what services are to be provided should be set down in a multi-agency child in need plan. Information for local authorities on the new burdens assessment for extending personal adviser support to age 25 has also been published. The guidance gives details of the services and support that may assist care leavers in, or moving to, adulthood and independent living that the local authority provides in relation to: health and wellbeing; relationships; education and training; employment; accommodation; and participation in society.
Promoting the education of children in care and care leavers: statutory — The Department for Education DfE has published statutory guidance setting out the duty local authorities in England have to promote the educational achievement of looked after children and care leavers, and on the role of the designated teacher for children and young people in care and care leavers.
It is intended to help those family members or friends access services in their local area and national helplines. Language Line facilities are available please call Fosterline to request this service. Discuss any fostering related issue with one of our trained advisors who are happy to help or just listen. If all advisors are busy leave a voicemail and we will get back to you — Without fail.
Home About Us Thinking of fostering? Can you change lives? Already fostering? Thinking of Fostering? Already Fostering? Delegation of Authority to Foster Carers Delegated authority is all about giving children in care as normal lives as possible, with the same opportunity as other children, and with foster carers being able to make every day decisions without having to ask a social worker for their consent. Two further points worth mentioning are: There is no statutory duty to obtain DBS checks in relation to a private household where a child may stay overnight or visit, or who the child may accompany on holiday or a school trip There is no requirement for the adults in the household that the child visits or accompanies on holiday to be approved as a foster carer, as the child remains formally placed with their usual foster carers.
The Children Act — General Principles The Children Act is the primary legislation governing work with children and their families. The key principles of the Act can be summarised as follows: The Welfare Principle — safeguarding and promoting the welfare of children, including protecting the child from harm or abuse.
- Children in need.
- Tradition and Individuality: Essays;
- Classical Tesselations and Three Manifolds;
Partnership Working — it is expected that all professionals supporting and working on behalf of children and young people should work in partnership with families. What is parental responsibility? They have the right to remove the child at any time. If it is in the best interests of the child who is accommodated to become subject of a Care Order, the Local Authority can apply to the court. Court Orders More than one order can be made in respect of an individual child or young person.
The main Court Orders are: Emergency Protection Order EPO The Children Act sets out the responsibilities of the Local Authority to protect children if it is assessed that a child or young person is suffering or likely to suffer significant harm. Implications for foster carers: The parents cannot remove the child from the foster home without the permission of the Social Services Department The carer needs to ensure that any directions given by the court are adhered to Child Assessment Order A Child Assessment Order can be applied for in non-emergency situations where there are suspicions of harm or lack of parental co-operation, but not grounds for an Emergency Protection Order or Care Order.
Interim Care Order An Interim Care Order will often follow an Emergency Protection Order and gives the court time to collect more information whilst protecting the child. The child may be asked to have a medical examination or psychiatric assessment. Implications for foster parents: Birth parents may not remove the foster child without the permission of the Social Services Department.
There may be specific restrictions or conditions attached to the order e. Care Order A Care Order is usually made to protect a child from harm, abuse or neglect and states that the Local Authority must look after the child and provide somewhere for him or her to live. Unless overturned the care order can last until the child reaches the age of The court process leading up to the making of a care order is called Care Proceedings. Implications for foster carers: The parents may not remove the foster child without the permission of the Social Services Department.