The role of intervention programs under the Children’s Act 38 of 2005 in preventing the removal of a child from the family environment

Abstract

In terms of several international instruments and domestic legislation, each child has the right to be cared for by its family and to grow up within a family environment. The consequence of abusing or denying this right is removal of the child from the family. Due to the severity of this action, international instruments and regional legislation provide for prevention and early intervention programmes aimed at keeping the child within the family environment. These programmes require a social worker to evaluate the functioning of the family and make further recommendations according to the best interests of the child. This dissertation investigated whether social workers implement the prevention and early intervention programmes correctly to prevent the removal of children from the family environment. The study further examined several case law studies to analyse the possible effects of these prevention and early intervention programmes when not implemented within the best interests of the child. The chosen research methodology for this study entails a thorough examination of primary and secondary legal sources through desktop analysis. The investigation will encompass an exploration of both international and domestic law, inclusive of case law, alongside scholarly literature. The writer applied findings of several literature studies, case law studies, legislation, international instruments, and law journals in her study.