Children’s Amendment Act, 2022: Key Provisions Now in Force

Posted 29 May 2025 Written by Acts Online
Category New Legislation

Brought to you by SA Legal Academy: Key provisions of the Children’s Amendment Act, No. 17 of 2022 have officially come into operation following a presidential proclamation issued in terms of section 38 of the Amendment Act.

In terms of Proclamation No. 165 of 2024, published in Government Gazette 50645, several sections of the Children’s Amendment Act, No. 17 of 2022 were put into effect on 13 May 2024. These amendments modify the Children’s Act, No. 38 of 2005 to address critical gaps in the foster care system and align the legislation with various High Court and Constitutional Court orders regarding the protection and care of children.

Commencement of Specific Sections

The proclamation brings the following sections of the Amendment Act into force:

  • Sections 1 to 11: Dealing with definitions, including ‘care’ and ‘foster care’, and the rights of unmarried fathers.
  • Sections 13 to 15: Concerning the jurisdiction of children’s courts and the assignment of functions to provincial departments.
  • Sections 17 to 20: Addressing the placement of children in alternative care and the duration of such placements.
  • Sections 23 to 25: Relating to the review of foster care orders and the extension of such orders.
  • Sections 27 to 28: Pertaining to the management of the National Child Protection Register.
  • Sections 30 to 32: Concerning the regulation of child and youth care centres.
  • Sections 35 to 36: Dealing with the transition and implementation of the new provisions.

The amendments primarily aim to streamline the foster care system, which has been under judicial supervision for several years due to backlogs and systemic failures. By clarifying the roles of social workers and the courts, the Act seeks to provide more permanent and stable solutions for children in the care of the state.

What this means for you, your business, or your clients

  • For yourself: Legal practitioners and social service professionals must update their reference copies of the Children’s Act, No. 38 of 2005 to reflect the newly effective definitions and procedural requirements for child placement and parental rights.
  • For your business: Law firms, NGOs, and child-care facilities must revise internal compliance manuals and standard operating procedures for foster care applications and court appearances to ensure alignment with the amended sections and revised court jurisdictions.
  • For your clients: Clients involved in foster care arrangements or parental rights disputes should be advised on the revised criteria for foster care placement and the expanded powers of the children’s courts to review and extend existing orders without unnecessary delays.

Originally published at https://legalacademy.co.za/news/read/children-s-act-key-2022-amendments-in-force

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