Children's Act, 2005 (Act No. 38 of 2005)

Chapter 12 : Foster Care

186. Duration of foster care placement

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(1)A children's court may, despite the provisions of section 159(1)(a) regarding the duration of a court order, after a child has been in foster care with a person other than a family member for more than two years and after having considered the need for creating stability in the child's life, order that—
(a)no further social worker supervision is required for that placement;
(b)no further social worker reports are required in respect of that placement; and
(c)the foster care placement subsists until the child turns 18 years, unless otherwise directed.

 

(1A) Despite the provisions of subsection (1), a children’s court may deem it necessary to order further supervision services as contemplated in section 65(2)(a)(ii).

[Section 186(1A) inserted by section 14(a) of the Children's Amendment Act, 2022, Notice No. 1543, GG47828, dated 5 January 2023  - effective 8 November 2023 per Proclamation 142, GG49615 dated 8 November 2023]

 

(2)A children’s court may, despite the provisions of section 159(1)(a) regarding the duration of a court order and after having considered the need for creating stability in the child’s life, place a child in foster care with a family member and order that the foster care placement subsists until the child turns 18 years,, if—

[Words preceding section 186(2)(a) substituted by section 14(b) of the Children's Amendment Act, 2022, Notice No. 1543, GG47828, dated 5 January 2023  - effective 8 November 2023 per Proclamation 142, GG49615 dated 8 November 2023]

(a)the child has been abandoned by the biological parents; or
(b)the child's biological parents are deceased; or
(c)there is for any other reason no purpose in attempting reunification between the child and the child's biological parents; and
(d)it is in the best interest of the child.

 

(3)Despite the provisions of subsections (1) and (2), a social service practitioner must visit a child in foster care at least annually to monitor and evaluate the placement.

[Section 186(3) substituted by section 14(c) of the Children's Amendment Act, 2022, Notice No. 1543, GG47828, dated 5 January 2023  - effective 8 November 2023 per Proclamation 142, GG49615 dated 8 November 2023]

 

(4) This section does not apply to a cluster foster care scheme contemplated in section 183.

[Section 186(4) inserted by section 14(d) of the Children's Amendment Act, 2022, Notice No. 1543, GG47828, dated 5 January 2023  - effective 8 November 2023 per Proclamation 142, GG49615 dated 8 November 2023]