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Children's Act, 2005 (Act No. 38 of 2005)

Regulations

General Regulations Regarding Children, 2010

Chapter 13 : Foster Care (Sections 180-190 of the Act)

Part I : Foster Care

65. Responsibilities of foster parents

 

(1) A foster parent has the responsibility of providing for the day to day needs of a foster child placed in his or her care, in accordance with the definition of "care" in section 1 of the Act, which includes the responsibility to—
(a) ensure that any social assistance or financial contribution from the child's biological parent or parents is used towards the upbringing of the child and in the child's best interests;
(b) not obstruct contact between the foster child and his or her biological family members and other persons with an interest in the well-being and development of the child, including contact as provided for in any foster care plan or order of court assigning parental responsibilities and rights referred to in section 188(1)(d) or (e) of the Act, if such contact is in the best interests of the child and if those biological family members and other persons are available for the purposes of maintaining contact with the child;
(c) ensure that if the child is of school-going age, he or she attends school on a regular basis;
(d) co-operate with a designated child protection organisation or designated social worker towards the eventual re-unification of the child with his or her biological parents or family members, as the case may be, where this is indicated in the permanency plan;
(e) co-operate with a designated child protection organisation or designated social worker in any review of the possible extension of the foster care order;
(f) permit a designated child protection agency or designated social worker to have access to his or her home and to the child concerned, for the purposes of monitoring of the foster care placement, provision of reunification services, review of the foster care order or for any other matter relevant to the foster care placement;
(g) respect the views of the child and generally promote his or her well-being, best interests and physical, emotional and social development, and, where applicable, participation in early childhood development programmes;
(h) guide the behaviour of the child in a humane manner and not impose any form of physical violence or punishment, or humiliating or degrading forms of discipline;
(i) where a foster care plan has been formulated in accordance with section 188(1)(e) of the Act, comply with the provisions of such plan;
(j) ensure that where the child is from a different cultural, linguistic or religious background, the child is assisted to maintain links with his or her culture, language or religion; and
(k) ensure that the child is treated in a manner substantially similar to other children living in the same household, except where the special needs of that child or any other child in the household require otherwise.

 

(2) A foster parent must notify the designated social worker or designated child protection organisation, as the case may be, of any change of address.

 

(3) A foster parent may not designate the day to day care of a foster child to any other person for a continuous period of one week without agreeing thereto with the designated social worker or designated child protection organisation.

 

(4) A foster parent must notify the designated social worker or designated child protection organisation, as the case may be, within 14 days, of any material changes in his or her living circumstances, or his or her family's living circumstances, which are likely to have a material effect on the foster placement.