Child care act

CHILD CARE ACT ADDITIONAL ACTS Child Care Act No 74 of 1983 Considers child’s best interest Supreme Court is upper guardian of all minors Acts givers persons over 18 years right to consent independently Persons over 14 years can consent to procedure on themselves Makes provision for substituted consent in case of necessary procedures: • Doctor may implement treatment without parents/guardian’s permission • Hospital superintendent may give permission for emergency operations which are necessary to preserve life ILLEGITIMATE CHILDREN • Father’s particulars need not be given; child registered under mother’s surname • Registration may be changed at later stage ABANDONED INFANTS • Person finding infant must report it to: – Justice of the Peace, Police Officer, Chief/headman who will inform Registrar – If child is placed in care, person must notify Registrar AMENDMENTS TO THE CHILD ACT – ACT 86 OF 1991 CCAA A child with no parent or guardian, or they can not be traced or are unfit, may be brought to a children’s court The court can decide to put the child under foster, care, children’s home or to a school of industries SECTION 17 A child may be adopted by a husband or wife jointly, by a widower or widow or by an unmarried or divorced person over 30 Can be adopted by a married person whose spouse is the parent of the child SECTION 28 The Minister may establish and maintain places of safety for the reception and detention, custody, observation, examination and treatment of children under this Act SECTION 40 The religion of the child and his parents will be taken into consideration before the child is placed into other peoples’ custody SECTION 42 Any nurse dealing with a child and suspects that the child has been illtreated, undernourished, should notify the Regional Director of Health and Welfare who will place the child in a place of safety or hospital Then action in support of the parent or against the parents will be instituted The nurse who does not abide by this Act is guilty of an offense SECTION 50 Any person who ill-treats a child is guilty of an offense and the fine is R5000 A fine of R20 000 or to imprisonment SECTION 52A No person shall employ a child under 15 unless on conditions determined by the Minister THE END!!! [...]... person Child Care Act imposes a legal duty of notification of suspected child abuse on doctors, dentists, nurses and social workers FAILURE TO REPORT IS A CRIMINAL OFFENSE AMENDMENTS TO THE CHILD ACT – ACT 86 OF 1991 CCAA A child with no parent or guardian, or they can not be traced or are unfit, may be brought to a children’s court The court can decide to put the child under foster, care, children’s... SECTION 40 The religion of the child and his parents will be taken into consideration before the child is placed into other peoples’ custody SECTION 42 Any nurse dealing with a child and suspects that the child has been illtreated, undernourished, should notify the Regional Director of Health and Welfare who will place the child in a place of safety or hospital Then action in support of the parent... industries SECTION 17 A child may be adopted by a husband or wife jointly, by a widower or widow or by an unmarried or divorced person over 30 Can be adopted by a married person whose spouse is the parent of the child SECTION 28 The Minister may establish and maintain places of safety for the reception and detention, custody, observation, examination and treatment of children under this Act SECTION 40 The... at birth must issue certificate stating that the child was still born • Certificate to go to undertaker or appointed person who delivers it to the registrar • If no “qualified person” was present, declaration under Oath must be made and delivered to Registrar, e.g Professional Nurse, etc., not midwife PROTECTION OF CHILDREN • Places of safety and care • Transference of custody from parents to institution... in support of the parent or against the parents will be instituted The nurse who does not abide by this Act is guilty of an offense SECTION 50 Any person who ill-treats a child is guilty of an offense and the fine is R5000 A fine of R20 000 or to imprisonment SECTION 52A No person shall employ a child under 15 unless on conditions determined by the Minister THE END!!!