BSWI 222 Childcare Legislation and Associated Social Work Services

Flashcards covering key terms, definitions, legal sections, statutory forms, and practice guidelines from the BSWI 222 Childcare Legislation module.

Green Paper

A government document detailing the specifics of an issue as well as possible courses of action, serving as the first step in effecting a policy change or major legal revision.

White Paper

A policy document issued by the government detailing how it will address an issue previously outlined in a Green Paper.

Prevention Services

The first level of social work service delivery, focusing on strategies and programmes that aim to strengthen structures in society, such as families, and increase their capacity to function independently and effectively.

Early Intervention Services

The second level of social work service delivery, concerned with the development and use of therapeutic programmes to aid vulnerable groups or those at risk of becoming involved in problem behaviour.

Statutory Intervention

The third level of service delivery based on an act or legislation, most often referring to the removal of a child from caregiver(s) by a social worker using legal forms such as Form 36.

Continuum of Care and Development Services

The fourth level of service delivery, encompassing differentiated services and programmes such as day-care, foster care, shelters for street children, prisons, and rehabilitation centres.

Child

Defined in Section 28 of the South African Constitution and the Children's Act 38 of 2005 as a person under the age of 18 years.

Care-giver

Any person other than a parent or guardian who factually cares for a child, including foster parents, temporary safe care providers, heads of CYCCs or shelters, child and youth care workers, or child heads of households.

Section 150 of Children's Act 38 of 2005

The legal section defining criteria under which a child is considered to be in need of care and protection.

Section 155 of Children's Act 38 of 2005

The section governing the Children's Court process and designated social worker investigation required within 90 days to decide if a child needs care and protection.

Form 4

Prescribed form used for general requirements regarding parental responsibilities and rights agreements under Section 22 and Regulation 7.

Form 8

Form used to apply for the registration of a parenting plan or to have a parenting plan made an order of court under Section 34(2) and Regulation 9.

Form 9

Statement submitted by a family advocate, social worker, or psychologist confirming that a parenting plan was prepared after assistance under Section 33(2) and Regulation 10.

Form 10

Statement completed by a social worker or suitably qualified person confirming that a parenting plan was prepared after mediation under Section 34(3) and Regulation 10.

Form 22

Prescribed form used by any person to report suspected or confirmed abuse or deliberate neglect of a child under Section 110 and Regulation 33.

Form 24

Form used to request the removal of an alleged offender from the home instead of removing the child under Section 110(7) and Regulation 34.

Form 34

Form used when a child consents to a surgical operation on himself or herself under Section 129(3) and Regulation 48.

Form 35

Form completed by a parent or guardian to grant consent for a child's surgical operation under Section 129(3) and Regulation 49.

Form 36

Authority for the emergency removal of a child to temporary safe care without a court order under Sections 150-152 and Regulation 35.

Form 37

Notification issued by the clerk of the Children's Court ordering a parent, guardian, or care-giver to attend court proceedings under Sections 151, 152, and 286.

Form 38

Section 155(2) investigation report compiled by a designated social worker for consideration by the Children's Court.

Form 39

Official approval issued by the Department of Social Development (DSD) to provide temporary safe care when opening a Children's Court Inquiry.

Form 40

Form used to report serious injury, abuse, or death of a child while placed in alternative care under Section 178 and Regulation 64.

Foster Care

Statutory substitute care within a family circle for children who cannot be cared for by their parents, while family reunification services continue.

Cluster Foster Care

A registered non-profit scheme introduced in Chapter 12 of the Children's Act allowing foster care placement of more than six children across a managed system.

Section 186 of Children's Act 38 of 2005

Legal provision permitting the Children's Court to extend foster care placement until the child turns 18 years old, reducing two-yearly court review requirements.

Family Reunification Services

Services in child and family care aimed at returning a child in foster care or residential care back to the custody of their biological family.

Foster Care Grant

A statutory social grant payable under the Social Assistance Act 13 of 2004 to foster parents caring for a child placed via a Children's Court order.

Child Support Top-Up Grant

A supplementary SASSA grant designed for orphaned children in the care of relatives to lessen financial reliance on the formal foster care system.

Surrogate Mother

A woman who bears a child on behalf of commissioning parent(s) under a written surrogate motherhood agreement confirmed by the High Court.

Commissioning Parent

A person who enters into a formal surrogate motherhood agreement with a surrogate mother.

Adoption

A judicial arrangement through which the permanent legal authority and responsibility of parenthood are transferred to adoptive parents, permanently severing ties with biological parents.

RACAP

Register for Adoptable Children and Adoptive Parents, used to store screened details of adoptable children and prospective parents.

Post-Adoption Agreement

An agreement compiled by an adoption social worker and confirmed by a court between prospective adoptive parents and biological parents regarding post-adoption contact.

Child and Youth Care Centre (CYCC)

The overarching legal term for residential facilities (including children's homes, shelters, places of safety, schools of industry, reform schools, and secure care facilities) providing care for more than six children.

Child Justice Act 75 of 2008

Legislation providing a legal framework for dealing with children under 18 years of age who are accused of committing offences.

Diversion

The procedure under Section 51 of the Child Justice Act 75 of 2008 used to redirect a child out of formal criminal proceedings into developmental and rehabilitative programmes.