Children's Act, 2005 (Act No. 38 of 2005)Chapter 12 : Foster Care188. Responsibilities and rights of foster parent |
| (1) | The foster parent of a child has those parental responsibilities and rights in respect of the child as set out in— |
| (a) | the order of the children's court placing the child in the foster care of that foster parent; |
| (b) | the responsibilities and rights of foster parents as may be prescribed; |
| (c) | an order of the children's court amending the initial order; |
| (d) | an order of court assigning parental responsibilities and rights in terms of section 23; |
| (e) | a foster care plan between the parent or guardian of the child and the foster parent; and |
| (f) | any applicable provisions of this Act. |
| (2) | A foster parent may not take any decisions contemplated in section 31(1)(b) involving a child without giving due consideration to— |
| (a) | any views and wishes expressed by the child, bearing in mind the child's age, maturity and stage of development; and |
| (b) | any views and wishes expressed by the parent or guardian of the child. |
| (3) | Notwithstanding subsection (2), an order of the children's court may give parental rights and responsibilities to a foster parent in addition to those normally necessary for a foster parent if— |
| (a) | the child has been abandoned; |
| (b) | the child is an orphan; or |
| (c) | family reunification is not in the best interest of the child. |
| (4) | A children's court may in terms of section 65 monitor the suitability of the placement of a child in foster care. |