Post on 16-Oct-2020
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Form 22 to be completed.
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Badisa Wynberg
everybody’s business. The Children’s Act requires a
Children’s Court Wynberg:
Badisa Wynberg
and as a public benefit organisation
Badisa is registered as a
WHAT IS CHILDREN’S COURT?A Children’s Court is a special court which deals with
issues affecting children.
The Children’s Act, 2005 (Act No 38 of 2005)The Children’s Act is a comprehensive piece of
legislation that seeks to afford children the necessary
care, protection and assistance so that they can
develop to their full potential.
The purpose of Children’s Court:- A Children’s Court may oversee any matter that
involves the protection and well-being of a child
including protecting a child against abuse and neglect.
- A Children’s Court plays a vital role in ensuring the
children in our society are protected and receive
access to their basic rights. This is achieved by
being placed in the care of family, extended family,
foster parents or a child and youth care centre, that
will best be able to accommodate their needs.
Important people in the process:
- O ur number one priority in the process. We want to
ensure that their rights are protected and that they
are given a safe environment to develop in.
The Biological parents:
- B oth need to be present at all court proceedings.
Even if a child is being removed from their parent’s care, it is essential that they are present.
Social Worker:
- M akes sure the child’s voice is heard. Investigates
everything relating to the reports made.
- D etermines if the child is in need of care and
protection by the State, as well as determining
what would be the best placement option for the
child.- A Social Worker determines this by conducting
home visits, speaking with family members and
family friends, speaking with teachers and other
persons playing a significant role in the child’s life.
It is important to note that these investigations are
often time consuming.
The Magistrate
- R eads all the reports brought to court and takes all
the information into consideration. - M akes the final decision based on what they
consider is best for the child.
- G uided by what the Children’s Act states and the
recommendations of the Social Worker. Legal Aid Attorney
- E nsure that the child’s voice is heard within the proceedings.
- H elps the child understand the legal process and
highlights their rights to them. - A n attorney is appointed for the child in cases
where the Magistrate considers it is important that
the child’s needs are further protected.
Safety Parents
- Th e parents that look after the concerned child
temporarily, until a final decision is made with
regard to long-term placement of the concerned
child.
LANGUAGE OF THE COURT:Form 4:
- Fo rm from the court to inform parents to attend
court proceedings.
Form 38:
- Fu ll background report compiled by the Social
Worker for the court to provide information that is
necessary for the court to make a decision.
Detention Order:
- Fo rm stating that a child can remain in the
temporary safe care of the approved person.
The Child: