Maintenance Act, 1998
R 385
Children's Act, 2005 (Act No. 38 of 2005)RegulationsGeneral Regulations Regarding Children, 2010Chapter 12 : Alternative Care (Sections 167-179 of the Act)60. Procedures before issue of notice of provisional transfer of child from alternative care |
| (1) | The procedure for assessing the best interest of the child before the issue of a notice of provisional transfer of the child from alternative care as contemplated in section 174(1) of the Act comprises of an assessment— |
| (a) | which must be conducted by a designated social worker in consultation with— |
| (i) | the parent, guardian or care-giver of the child or the person in whose custody the child had been prior to placement in alternative care, if available, and provided that their parental responsibilities and rights have not been terminated; or |
| (ii) | the foster parent, the head of the child and youth care centre or the head of the facility, place or premises where the child had been placed in temporary safe care, as the case may be; and |
| (iii) | the child himself or herself; and |
| (b) | which must take account of— |
| (i) | the child's basic need for love, parental care and permanent family life; |
| (ii) | the child's need for protection and security; |
| (iii) | the child's physical and psychological well-being; |
| (iv) | the ascertainable wishes and feelings of the child, considered in the light of his or her age and understanding; |
| (v) | the likely effect on the child of any changes in his or her circumstances; |
| (vi) | the child's age, sex, background and any individual characteristics; |
| (vii) | the harm which the child has suffered; and |
| (viii) | the capability of the child's immediate family or family members to meet the child's needs; and |
| (c) | the outcome of which must be contained in a report that addresses all factors referred to in paragraph (b). |
| (2) | Before a child can be reunited with his or her immediate family or other family members and a notice of provisional transfer of the child from alternative care as contemplated in section 174(1) of the Act can be issued a designated social worker rendering family reunification services, must compile a report in consultation with— |
| (a) | the parent, guardian or care-giver of the child or the person in whose custody the child had been prior to placement in alternative care; |
| (b) | the foster parent, the head of the child and youth care centre or the head of the facility, place or premises where the child had been placed in temporary safe care, as the case may be; and |
| (c) | the child himself or herself; and |
| (3) | A report contemplated in sub-regulation (2) must— |
| (a) | be based on the developmental assessment of the child and his or her ecological circumstances, and which report must reflect the existing and future individual developmental and permanency plans for the child to meet developmental and permanency goals as stipulated in the plans; |
| (b) | reflect the incidence of parental contact or contact by relatives with the child during the period of his or her placement in alternative care; and |
| (c) | include a fully motivated recommendation— |
| (i) | on the possibility or desirability of reunifying the child with his or her immediate family or other family members; and |
| (ii) | if family reunification is desirable, on the nature of activities which can be employed to promote an environment conducive to the development of the strengths and skills of the parent, guardian, care-giver, family members and the child. |
| (4) | The reports contemplated in sub-regulations (1)(c) and (2) may be combined in a single report and must be submitted to the provincial head of social development as soon as possible. |
