The chapters in the Children’s Act are as follows:

• Chapter 1: Interpretation, objects, application and implementation of the Act.
• Chapter 2: General principles underlying the Bill and the best interest of the child; it provides for children’s rights and deals with the issues such as child participation, harmful social, cultural and religious practices, access to children’s courts and the age of majority.
• Chapter 3: Parental responsibilities and rights and court orders linked to parental responsibilities and rights; this chapter also provides for the rights of fathers, presumption of paternity, parenting plans and the rights of children conceived by artificial fertilisation.
• Chapter 4: The functioning, powers and jurisdiction of children’s courts and proceedings before the children’s courts.
• Chapters 5, 6, 11, 13 and 14: Partial care, the definition of early childhood development and early childhood development services, children in alternative care, child and youth care centres and shelters and drop-in centres.
• Chapters 7, 9 and 10: Protection of children, the National Child Protection Register and the identification of children in need of care and protection and contribution orders.
• Chapter 8: Provides for prevention and early intervention as a first layer of services provided to children and families in need of assistance.
• Chapter 12: Foster care and care by family members.
• Chapters 15 and 16: Adoption and adoption between countries.
• Chapter 17: Gives effect to the Hague Convention on the Civil Aspects of International Child Abduction.
• Chapter 18: Gives effect to the UN Protocol to Prevent Trafficking in Persons.
• Chapter 19: Surrogate motherhood.
• Chapter 20: Enforcement of the Act through powers of inspection and the creation of offences.
• Chapters 21 and 22: General administrative issues and other matters

OVERVIEW OF IMPORTANT SECTIONS OF THE CHILDREN’S ACT

All spheres of government and their departments must work together to deliver services

The Act requires all spheres of government and their departments to work together in an integrated and coordinated way to deliver services to children. This means there is a duty for national, provincial and local governments to work together to ensure that services are provided to children. The Act brings together all laws relating to children in South Africa and does away with the need for each province to pass its own legislation on children’s issues. It should therefore streamline provincial governance. This Act does not however have any direct implications on local government.

Rights of children with disability or chronic illness

Special care must be taken of a child with a disability or chronic illness by:

• Providing the child with parental care, family care or special care
• Making it possible for the child to participate in social, cultural, religious and educational activities, recognising the special needs that the child may have (for a disabled child)
• Providing the child and the child’s caregiver with the necessary support services
• Providing the child with conditions that ensure dignity, promote self-reliance and facilitate active participation in the community.

Best interests of the child

The principle of the best interests of the child must always be considered when making decisions about children. Some of the factors that should be taken into account include:

• The nature of the personal relationship between the child and the parents or caregiver
• The attitude of the parents towards the child
• The capacity of the parents or care-giver to provide for the needs of the child, including emotional and intellectual needs
• The possible effect on the child of any change in the child’s circumstances, including being separated from both or either of the parents, any brother or sister or other child, or any other care-giver or person, where the child has been living with the person
• The practical difficulty and expense of a child having contact with the parents regularly
• The need for the child to remain in the care of his or her parent, family and extended family; and to keep a connection with the family, extended family, culture or tradition
• The child’s age, maturity, stage of development, gender and background
• The child’s physical and emotional security
• Any disability that a child may have
• Any chronic illness that a child suffers from
• The need for a child to be brought up in a stable family environment and, where this is not possible, in an environment that is as close as possible to a caring family environment
• The need to protect the child from any physical or psychological harm that may be caused by exposing the child to maltreatment, abuse, neglect, exploitation or degradation or exposing the child to violence or exploitation or other harmful behaviour
• Any family violence involving the child or a family member of the child.

Right of participation

All children have a right to participate in decisions that affect them.

Age of majority

The age of majority is 18 years.

Protective measures relating to the health of children

Children over the age of 12 years can consent to HIV testing without involving their parents. Children over the age of 12 years can ask for contraceptives without the consent of their parents or caregiver.