An understanding of the Children’s Act 38 of 2005

Jewish Community Services Cape is a statutory agency and as such delivers services when so indicated in terms of the various Acts and regulations. This article focuses on the Children’s Act 38 of 2005 which guides our practise in respect of the care and protection of vulnerable children from the ages 0-18.

The objects of the Children’s Act include the following:

1. To promote the preservation and strengthening of families.
2. To give effect to the full constitutional rights of children which include:

2.1   Family care or parental care or appropriate alternative care if so indicated.

2.2   Protection for maltreatment, neglect, abuse or degradation.

2.3   That the best interests of the child are of paramount importance in every matter concerning the child.

1. To make provision for structure and services for promoting and monitoring the sound physical, psychological, intellectual, emotional and social development of children.
2. To strengthen and develop community structures which can assist in promoting the care and protection for children.
3. To provide care and protection for children who are in need of care and protection.
4. To recognise the special needs that children with disabilities may have.

In order to meet the object as outlined in the Children’s Act, we at Jewish Community Services focus on early intervention services to vulnerable children and their parents in an attempt to prevent statutory intervention and the removal of vulnerable children.  We always consider that which serves the best interest of the child/children concerned. However, there are times when after careful assessment of the child’s circumstances and care, and consideration of the risk factors that negatively impact on the child’s well-being, safety and security, that statutory intervention needs to be instituted.  Statutory intervention could involve the opening of a Children’s Court Inquiry proceedings to enable the designated social worker to investigate the situation when the parents are uncooperative. This does not necessary indicate the removal of the child/ children concerned from his/her parental care. There are occasions when the risk to the child concerned is so great, that the statutory removal to a place of safety is indicated pending further investigation and finalisation of the Children’s Court Inquiry proceedings.

The Children’s Act makes provision for any person concerned about a child’s well-being to approach the Children’s Court by completing the necessary documentation. The aim of the latter is for the Presiding Officer to provide guidance and direction and if so indicated, in the child’s best interest refer the matter to our office to conduct the prescribed investigation.

It must be noted that in some incidences pressure is put on this organisation to remove children from their parental care. This organisation, at all times aims to preserve family life.