•

Form 22 to be completed.

• •

•

•

• •

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: