Public participation process kicks off for second Children’s Amendment Bill
The Second Amendment Bill was drafted after six years of research and guidance by courts
CHILDREN raised in foster or adoptive care will no longer have to leave the system once they turn 18, but will be able to remain until they have reached the age of 21, are still in school or undergoing training courses.
This is one of the major changes proposed in the Children’s Second Amendment Bill, B14 -2015, which will amend the Children’s Act 2005.
The Social Development Portfolio Committee of the KZN Legislature this week called upon stakeholders and interested parties to attend public hearings to make written or verbal representations to the committee about the proposed changes on or before 16 November.
The Second Amendment Bill was drafted after six years of research and guidance by courts.
The age limitation of 18 years in alternative care was questioned since destitute persons often start schooling late and may need to remain in foster care until they have completed their school careers to help them to become independent and earn a living for themselves.
An application for a child to remain in alternative care beyond the age of 18 must be submitted before the end of the year in which the child reaches 18.
Another change involves the removal of a child without a court order to a place of safety, which must now be reviewed by the Children’s Court before expiry of the next court day.
Wrongful removal
The Constitutional Court found that the Children’s Act failed to provide a remedy for parents in case of wrongful removal of a child by social workers or police, based on incorrect information.
The amendment also provides for the review of a court’s decision to remove a child without a court order.
It further provides for the provincial head of social development to transfer a child from one form of alternative care to another.
The Second Amendment Bill seeks to extend the definition of an ‘adoption social worker’ to include government employed social workers, with the aim of addressing the high costs of adoption and limited access to specialised adoption agencies.
Written submissions can be made until 16 November to Ms AN Masibuko, KZN Legislature, Private Bag X 9112, Pietermaritzburg, 3200, or for further details visit www.kznlegislature.gov.za or contact 033 3557651 or mazibukon@kznleg.gov.za
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