During the course of this year we have had a number of clients approach our offices with questions and concerns regarding foster children who had been placed in their care following the removal of the children from their biological parents or caregivers.
More specifically, they were seeking advice on how to go about acquiring full parental responsibilities and rights over the foster children.
Foster care is generally found to be the preferred form of substitute care for children who are unable to remain with their biological parents or caregivers.
In our experience, this could be the result of a number of tragic circumstances, such as biological mothers who engage in prostitution and heavy drug abuse, forcing their children to live on the street, and children who have been maltreated, abused and deliberately neglected by their biological parents or caregivers, among other scenarios.
In situations such as these, the process of foster care usually begins by the child in question being declared a child in need of care and protection. (Tip: read section 150 of the Children’s Act of South Africa, which lists specific reasons for the court declaring a child to be one in need of care and protection.)
Should a person have great concern for the well-being and safety of a child and believes that a child falls within the ambit of section 150 of the Children’s Act as mentioned above, they can approach the court, and on good evidence shown, the court may order that the child is in fact in need of care and protection, and the child may be removed from their current surroundings and placed in temporary safe care (foster care).
This process is facilitated by a designated social worker or police official who acts on instructions from the court. (Tip: read section 151 of the Children’s Act).
The initial order by a court, placing a child in temporary safe care, is generally for a period of 90 days. During this period a designated social worker will conduct necessary investigations surrounding the child who has been placed in temporary safe care, whereafter all parties will again appear before the court and, on the basis of the social worker’s report, the court will make a decision regarding the placement of the child. For example, the court may decide to extend the order for temporary safe care and the child will remain with their foster parents. (Tip: read section 155 of the Children’s Act).
For those foster parents wanting to acquire complete decision-making rights over their foster children whose biological parents are no longer present in the lives of the children, they may apply to the High Court, being the upper guardian of all minor children, for full acquisition of parental responsibilities and rights.
The aforementioned rights allow a parent to exercise full care, contact and guardianship over a child and will entitle a parent to make all important decisions regarding their child, such as decisions relating to a child’s removal/relocation from the republic, among others.
In the cases we have dealt with recently, it has become apparent that there is a dire need for qualified and registered foster parents and, more importantly, a need for attention when it comes to children who are classified as children in need of care and protection.
Should you have any queries or need any detailed advice concerning foster care or acquisition of parental responsibilities and rights or issues related thereto, feel free to contact the offices of Malherbe Rigg & Ranwell Inc. on 011 918 4116.
Article by Lauren-Tayla Thomaz, candidate attorney at Malherbe Rigg and Ranwell Inc.
