to Children’s Court in terms of Sec 53 of
the Children’s Act – this form must include
details of the child, details of the person
lodging the matter and details of the nature
of the matter, plus any supporting affidavits
or documentary evidence.
1.
2.
3.
an assessment of the developmental and
other needs of the child;
a family assessment including details of
any efforts for family tracing or family reunification that have been considered or
attempted; and
a permanency plan that is aimed at securing
stability in the child’s life.
Children’s Court inquiry:
Section 150 of the Children’s Act lists various
categories of children who may be identified as
children “in need of care and protection”. The
list includes orphaned and abandoned children,
children who are homeless, children exposed to
maltreatment or abuse, or children in a state of
physical or mental neglect.
The documentation of a child is critical to their
development and stability and therefore the
designated social worker must also consider any
need for documentation or legal status for the
child in the report. This includes:
1.
2.
Unaccompanied and separated migrant children
may be considered children in need of care
and protection mainly because they are not in
the care of parents or legal guardians and are
therefore vulnerable to maltreatment or abuse.
To secure the safety and well-being of children
identified as children in need of care and
protection, they must be referred for a Children’s
Court inquiry through the DSD or a CPO.
The report of the designated social worker must
include:
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3.
birth registration of an orphaned or
abandoned child;
application for refugee status for an asylum
seeker migrant child who is unaccompanied
or separated; or
application for immigration status for a
migrant child who is not an asylum seeker.
The Children’s Court order provides the child with
safety and ability to access basic rights such as
basic education, shelter and healthcare but it does
not confer legal status. As such, it is important
that any documentation or legal status issues are
resolved before the child turns 18 years old and
loses the protection of the Children’s Court.
Stakeholder Referral Protocol