Children's Act, 2005

Last updated
Children's Act, 2005
Coat of arms of South Africa (heraldic).svg
Parliament of South Africa
CitationAct No. 38 of 2005
Enacted by Parliament of South Africa
Assented to8 June 2006
Commenced1 July 2007 / 1 April 2010
Legislative history
Bill Children's Bill
Bill citationB70—2003
Bill published on11 November 2003
Introduced by Zola Skweyiya, Minister of Social Development
Amended by
Children's Amendment Act, 2007
Child Justice Act, 2008
Status: In force

The Children's Act, 2005 (Act No. 38 of 2005) is an act of the Parliament of South Africa that consolidates and reforms the law on matters related to children. [1] It deals with topics including the age of majority, paternity, custody, child support, guardianship, parenting plans, children's courts, circumcision, day care, child protection, foster care, group homes, adoption, surrogacy, child abduction, and trafficking of children.

Contents

History

Due to large support, the South African government decided on a set of rules and regulations regarding the country's Minors. This was introduced to the public eye in June 2006. Because of the division of powers between the national and Provincial governments, the statute was enacted in two parts. The original act, which was promulgated on 19 June 2006, contained only the provisions dealing with matters falling within the exclusive responsibility of the national government. [2] The Children's Amendment Act, 2007, promulgated on 18 March 2008, amended the act to insert provisions dealing with matters for which the national and provincial governments share joint responsibility. Some provisions of the act, including the reduction of the age of majority from 21 to 18, came into force on 11 July 2007, [3] while the rest came into force on 1 April 2010. Currently, all revisions have been made and are fully in force. [4]

Rights given

In long text, it is an act to give effect to certain rights of children as contained in the Constitution; to set out principles relating to the care and protection of children; to define parental responsibilities and rights; to make further provision regarding children's courts; to provide for partial care of children; to provide for early childhood development; to provide for the issuing of contribution orders; to provide for prevention and early intervention; to provide for children in alternative care; to provide for foster care; to provide for child and youth care centres and drop-in centres; to make new provision for the adoption of children; to provide for inter-country adoption; to give effect to the Hague Convention on Inter-country Adoption; to prohibit child abduction and to give effect to the Hague Convention on International Child Abduction; to provide for surrogate motherhood; and to create certain new offences relating to children; and to provide for matters connected therewith. [5]

Related Research Articles

Constitution of South Africa Supreme and fundamental law of South Africa

The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the Government. The current constitution, the country's fifth, was drawn up by the Parliament elected in 1994 in the South African general election, 1994. It was promulgated by President Nelson Mandela on 18 December 1996 and came into effect on 4 February 1997, replacing the Interim Constitution of 1993. The first constitution was enacted by the South Africa Act 1909, the longest-lasting to date. Since 1961, the constitutions have promulgated a republican form of government.

The Children and Family Court Advisory and Support Service (Cafcass) is a non-departmental public body in England set up to promote the welfare of children and families involved in family court. It was formed in April 2001 under the provisions of the Criminal Justice and Court Services Act 2000 and is accountable to Parliament through the Ministry of Justice. Cafcass is independent of the courts, social services, education, health authorities and all similar agencies.

International adoption is a type of adoption in which an individual or couple becomes the legal and permanent parent(s) of a child who is a national of a different country. In general, prospective adoptive parents must meet the legal adoption requirements of their country of residence and those of the country whose nationality the child holds.

Child protection Protecting children from harm and neglect

Child protection is the safeguarding of children from violence, exploitation, abuse, and neglect. Article 19 of the UN Convention on the Rights of the Child provides for the protection of children in and out of the home. One of the ways to ensure this is by giving them quality education, the fourth of the United Nations Sustainable Development Goals, in addition to other child protection systems.

Catholic Charities USA Network of charities with headquarters in Alexandria, Virginia

Catholic Charities is a network of charities with headquarters in Alexandria, Virginia. In 2005 Forbes magazine ranked it as the fifth largest charity in the United States in terms of total revenue. The organization serves millions of people a year, regardless of their religious, social, or economic backgrounds. In 2019, 12 million persons were served at more than 2600 locations. Next to the federal government, Catholic Charities is the largest US social-safety-net provider.

Child protective services (CPS) is the name of a government agency in many states of the United States responsible for providing child protection, which includes responding to reports of child abuse or neglect. Some states use other names, often attempting to reflect more family-centered practices, such as department of children and family services (DCFS). CPS is also sometimes known by the name of department of social services, though these terms more often have a broader meaning.

Hague Convention on Parental Responsibility and Protection of Children

The Hague Convention on parental responsibility and protection of children, or Hague Convention 1996, officially Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children or Hague Convention 1996 is a convention of the Hague Conference on Private International Law. It covers civil measures of protection concerning children, ranging from orders concerning parental responsibility and contact to public measures of protection or care, and from matters of representation to the protection of children's property. It is therefore much broader in scope than two earlier conventions of the HCCH on the subject.

An unaccompanied minor is a child without the presence of a legal guardian.

Indian Child Welfare Act 1978 U.S. federal law regulating tribal jurisdiction over court cases involving children

The Indian Child Welfare Act of 1978 (ICWA) is a United States federal law that governs jurisdiction over the removal of Native American (Indian) children from their families in custody, foster care and adoption cases.

International child abduction in Japan

International child abduction in Japan refers to the illegal international abduction or removal of children from their country of habitual residence by an acquaintance or family member to Japan or their retention in Japan in contravention to the law of another country. Most cases involve a Japanese mother taking her children to Japan in defiance of visitation or joint custody orders issued by Western courts. The issue is a growing problem as the number of international marriages increases. Parental abduction often has a particularly devastating effect on parents who may never see their children again.

Child laundering is a scheme whereby intercountry adoptions are effected by illegal and fraudulent means. It may involve the trafficking of children, the acquisition of children through monetary arrangements, deceit and/or force. The children may then be held in sham orphanages while formal international adoption processes are used to send the children to adoptive parents in another country.

Foster Care Independence Act

The Foster Care Independence Act of 1999 aims to assist youth aging out of foster care in the United States in obtaining and maintaining independent living skills. Youth aging out of foster care, or transitioning out of the formal foster care system, are one of the most vulnerable and disadvantaged populations. As youth age out of the foster care system at age 18, they are expected to become self-sufficient immediately, even though on average youth in the United States are not expected to reach self-sufficiency until age 26.

Hague Adoption Convention Treaty

The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption is an international convention dealing with international adoption, child laundering, and child trafficking in an effort to protect those involved from the corruption, abuses, and exploitation which sometimes accompanies international adoption. The Convention has been considered crucial because it provides a formal international and intergovernmental recognition of intercountry adoption to ensure that adoptions under the Convention will generally be recognized and given effect in other party countries.

Adoption in Australia deals with the adoption process in the various parts of Australia, whereby a person assumes or acquires the permanent, legal status of parenthood in relation to a child under the age of 18 in place of the child's birth or biological parents. Australia classifies adoptions as local adoptions, and intercountry adoptions. Known child adoptions are a form of local adoptions.

The term international child abduction is generally synonymous with international parental kidnapping,child snatching, and child stealing. However, the more precise legal usage of international child abduction originates in private international law and refers to the illegal removal of children from their home by an acquaintance or family member to a foreign country. In this context, "illegal" is normally taken to mean "in breach of custodial rights" and "home" is defined as the child's habitual residence. As implied by the "breach of custodial rights," the phenomenon of international child abduction generally involves an illegal removal that creates a jurisdictional conflict of laws whereby multiple authorities and jurisdictions could conceivably arrive at seemingly reasonable and conflicting custodial decisions with geographically limited application. Such a result often strongly affects a child's access and connection to half their family and may cause the loss of their former language, culture, name and nationality, it violates numerous children's rights, and can cause severe psychological and emotional trauma to the child and family left behind.

Brussels II

Brussels II Regulation (EC) No 1347/2000, which came into force on 1 March 2001, sets out a system for the allocation of jurisdiction and the reciprocal enforcement of judgments between European Union Member States and was modelled on the 1968 Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters. It was intended to regulate domains that were excluded from the Brussels Convention and Brussels I. The Brussels II Regulation deals with conflict of law issues in family law between member states; in particular those related to divorce and child custody. The Regulation seeks to facilitate free movement of divorce and related judgments between Member States.

The following outline is provided as an overview of and topical guide to adoption:

Adoption in the Philippines

Adoption in the Philippines is a process of granting social, emotional and legal family and kinship membership to an individual from the Philippines, usually a child. It involves a transfer of parental rights and obligations and provides family membership. The Department of Social Welfare and Development (DSWD) defines adoption as a "socio-legal process of giving a permanent family to a child whose parents have voluntarily or involuntarily given up their parental rights."

Preventing Sex Trafficking and Strengthening Families Act

The Preventing Sex Trafficking and Strengthening Families Act is a US bill that would address federal adoption incentives and would amend the Social Security Act (SSA) to require the state plan for foster care and adoption assistance to demonstrate that the state agency has developed policies and procedures with respect to the children it is working, and which are (possibly) a victim of sex trafficking or a severe form of trafficking in persons. The bill furthermore requires states to implement the 2008 UIFSA version, which is required so the 2007 Hague Maintenance Convention can be ratified by the US.

Juvenile Justice (Care and Protection of Children) Act, 2015

Juvenile Justice Act, 2015 has been passed by Parliament of India amidst intense controversy, debate and protest on many of its provisions by Child Rights fraternity. It replaced the Indian juvenile delinquency law, Juvenile Justice Act, 2000, and allows for juveniles in conflict with Law in the age group of 16–18, involved in Heinous Offences, to be tried as adults. The Act also sought to create a universally accessible adoption law for India, overtaking the Hindu Adoptions and Maintenance Act (1956) and the Guardians and Wards Act (1890), though not replacing them. The Act came into force from 15 January 2016.

References

  1. "Children's Act, 2005" (PDF). Retrieved 27 November 2016.
  2. "Government site" (PDF). www.gov.za. Archived from the original (PDF) on 27 November 2016. Retrieved 27 November 2016.
  3. "Govt explains new Children's Act". www.southafrica.info. Archived from the original on 2016-11-07. Retrieved 2016-10-29.
  4. "Children's Act Explained" (PDF). unicef.org. Retrieved 27 November 2016.
  5. "Children Act 38 Of 2005" (PDF).