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Summary:

How do we know when a child is IN NEED OF CARE AND PROTECTION according to the Children’s Act 38/2005?

Published by:
Link to Children’s Act 38/2005: Source

The summary:

As a child protection social worker you would be familiar with Section 150 of the Children’s Act (38/2005) – this is an important Section that helps you determine whether a child is in need of your help. There are certain situations that are unacceptable and in violation of children’s basic rights, these situations are basically summarised in Section 150 and if a child is in one of these situations, it calls for your attention!

Section 150 states that:

  • (1) A child is in need of care and protection if, the child-
  • (a) has been abandoned or orphaned and is without any visible means of support;
  • (b) displays behaviour which cannot be controlled by the parent or care-giver;
  • (c) lives or works on the streets or begs for a living;
  • (d) is addicted to a dependence-producing substance and is without any support to obtain treatment for such dependency;
  • (e) has been exploited or lives in circumstances that expose the child to exploitation;
  • (f) lives in or is exposed to circumstances which may seriously harm that child's physical, mental or social well-being;
  • (g) may be at risk if returned to the custody of the parent, guardian or care-giver of the child as there is reason to believe that he or she will live in or be exposed to circumstances which may seriously harm the physical, mental or social well-being of the child;
  • (h)is in a state of physical or mental neglect; or
  • i) is being maltreated, abused, deliberately neglected or degraded by a parent, a care-giver, a person who has parental responsibilities and rights or a family member of the child or by a person under whose control the child is.

Amendments:

  • Latest amendments to Section 150 of the principal Act (38/2005) by addition and removal of:
  • Sub section 1: A child is in need of care and protection if *such a child and
  • Sub Section 1 paragraph (a): has been abandoned or orphaned and is without any visible means of support **does not have the ability to support himself or herself and such inability is readily apparent;
  • * Reviewer January 2020 Deleted: 'the'
    ** Reviewer January 2020. Deleted: 'is without any visible means of support'