ACTION STEP 1 Child identified as child in need of care and protection – refer the child to DSD or a designated CPO, or local South African Police Services (SAPS) (Section 150 of Children’s Act) STEP 2 The matter is referred to a designated social worker for investigation on whether the child needs care and protection. (Section 155 of Children’s Act) COMMENTS Investigation to be conducted within 90 days. An age assessment may be conducted if age is unknown or in doubt to confirm that the child is under 18 years old and therefore entitled to the protection of the Children’s Court (Sec 48 of Children’s Act) Pending the investigation, the child may be removed and placed in temporary safe care either; STEP 3 1. 2. with a court order if the child is at risk but no immediate danger; or without a court order if the child is in immediate danger. If the child is removed without a court order the clerk of the Children’s Court must be notified of the matter no later than the next court day. (Sec 152 of Sec 151 of Children’s Act) At the end of the investigation the designated social worker must file a report with reasons and recommendations for review by the Children’s Court. The report may find that; STEP 4 1. 2. the child is not in need of care and protection; or the child is in need of care and protection and must be brought before the Children’s Court. (Sec 155 of Children’s Act) If the Children’s Court confirms that the child is in need of care and protection it may make any order that is in the best interests of the child including placing the child: STEP 5 1. 2. 3. in foster care with a foster parent or cluster foster care scheme; in a child and youth care centre; or in temporary safe care. Children’s Court order lapses after two years and can be extended for two years at a time. (Sec 159 of Children’s Act) (Sec 156 of Children’s Act) www.lhr.org.za www.savethechildren.org.za | 33