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Dissertations / Theses on the topic 'Children's Act (Act 38 of 2005)'

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Published: 4 June 2021

Last updated: 13 February 2022

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1

Scheepers, Chanéll. "The general responsibilities and rights of an unmarried father in terms of the Children’s Act 38 of 2005 / Chanéll Scheepers." Thesis, North-West University, 2011. http://hdl.handle.net/10394/8423.

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This thesis explores the impact of the new Children’s Act, Act 38 of 2005 on the acquisition by unmarried fathers of parental responsibilities and rights. The research has shown that the Children’s Act has fundamentally transformed the way in which parental responsibilities and rights are acquired. Parental responsibilities and rights can now be automatically acquired by a committed unmarried father. Although the Act has undergone major changes, unmarried fathers must still satisfy many more requirements than mothers, and thus it is asserted that the Act is deemed not to have been progressive

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2

Lewis, Samantha Vanessa. "The constitutional and contractual implications of the application of chapter 19 of the Children's Act 38 of 2005." Thesis, University of the Western Cape, 2011. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_4530_1319010066.

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In this research, I carefully and coherently examine Chapter 19 of the Children's Act 38 of 2005 as the first legislation to afford surrogate motherhood agreements legal recognition in South Africa. I argue that the application of Chapter 19 imposes a number of unwarranted limitations on several of the constitutional rights of the parties to a surrogacy agreement. In addition, I propose that Chapter 19 is not in accordance with the principal of the best interests of the child. I examine the history of surrogate motherhood in South Africa and establish that, prior to the enactment of Chapter 19

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3

Meyiwa, Nonceba. "We cannot fight for what we do not know : information that mothers of disabled children have about the Children's Act (No. 38 of 2005) and the Children's Amendment Act (No. 41 of 2007) in South Africa." Master's thesis, University of Cape Town, 2010. http://hdl.handle.net/11427/12693.

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Includes bibliographical references (p. 82-86).<br>The purpose of this study is to explore the information that the mothers of disabled children have on the provisions of the Children's Act (CA) (Act no.38 of 2005) and the Children's Amendment Act (CAA) (Act No.41 of 2007). The two Acts were consolidated after the regulations had been adopted. The Children's Act gives effect to the three specific constitutional rights of children contained in section 28. These are: a. The right to social services. b. The right to parental or family care or to appropriate alternative care when removed from the

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4

Van, der Heever Marietjie. "Die implementering van kinderdeelname ingevolge artikel 10 van die Kinderwet, Wet 38 van 2005 en die maatskaplike werker se verantwoordelikheid / Marietjie van der Heever." Thesis, North-West University, 2012. http://hdl.handle.net/10394/9225.

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Remarkable progress with respect to the necessity of child participation has been observed in the Children's Act, act 38 of 2005. Article 10 of the Children's Act, act 38 of 2005, specifically provides for children‟s right to participate in any situation applicable to a child. Despite afore-mentioned progress in the legal field, the reality is that there are remarkable differences between children's rights to participate in society and society's experience of the role children play and the abilities they possess to do so. In this article the focus is on the responsibility of the social worker

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5

Mankazana, Sobantu Vincent. "Investigation into the implementation of the childrens act no 38 of 2005 in mainstream schools in the Fort Beaufort education district." Thesis, University of Fort Hare, 2012. http://hdl.handle.net/10353/502.

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In this study the focus is on the implementation of the Children’s Act in mainstream schools. The Children’s Act mandates that all children who are in need of care both in school and out of school should be taken care of and be protected. However, they are often not afforded the full opportunity to enjoy the benefits of this Act. This is due to various factors that hinder the process of its implementation in mainstream schools. The main emphasis of this study is on the factors that hinder the implementation of the Children’s Act. The aim of the Children’s Act is to look after and provide servi

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6

Beyl, Aletta Elsabe. "A critical analysis of Section 21 of the Children's Act 38 of 2005 with specific reference to the parental responsibilities and rights of unmarried fathers." Diss., University of Pretoria, 2013. http://hdl.handle.net/2263/40608.

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The aim of this dissertation is to establish if the unmarried father has been placed in a better position regarding his rights to his child with the advent of the Children’s Act 38 of 2005. Prior to the commencement of the Children’s Act a number of different sets of legislation encompassed the unmarried father’s position. The unmarried father could not automatically acquire any rights to his child and had to prove that it would be in the child’s best interests to be allowed contact. The study was done on the basis of an analysis of the interaction of the unmarried father’s rights with th

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7

De, Bruin David Wegeling. "Child participation and representation in legal matters." Thesis, University of Pretoria, 2010. http://hdl.handle.net/2263/27414.

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The child’s participation in any legal matter involving him/her is crucial whether received directly or indirectly through a legal representative. The significance of the child’s views in legal matters is accepted internationally and is entrenched in South African law. This is the main feature of the present research. In Roman law the paterfamilias was the complete antithesis of the best interest of the child with his paternal power entirely serving his own interests. The best interests of the child progressively improved his/her participatory rights and the dominance of paternal authority in

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8

Agere, Leonard Munyaradzi. "An evaluation of the role of child and youth care centres in the implementation of South Africa’s children’s act." Thesis, University of Fort Hare, 2014. http://hdl.handle.net/10353/d1015406.

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The aim of this study was to evaluate the role played by CYCCs to provide support and protection to children who have been found to be in need of care, according to the criteria given in the Children’s Act No. 38/2005 as amended. The study made use of a qualitative approach and the research design was provided by the case study. Data was gathered by means of semi-structured interviews and focus group discussions. The most important findings to emerge from the study were that the factors which affect the operation of CYCCs are either institutional, or else challenges arising from issues pertain

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9

Fortune, Candice Lynn. "An overview of the foster care crisis in South Africa and its effect on the best interests of the child principle : a socio-economic perspective." Thesis, University of the Western Cape, 2016. http://hdl.handle.net/11394/5518.

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10

Stockton, Karen. "An explorative study considering the process of change at school and local authority level as a result of implementation of the Education (Additional Support for Learning) (Scotland) Act 2004 and The Additional Support for Learning (Changes in School Education) (Scotland) Regulations 2005, with its support document, Supporting children's learning - code of practice 2006." Thesis, University of East London, 2007. http://roar.uel.ac.uk/3818/.

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This research evaluates the process of change at school and local authority level, as a result of the implementation of the Education (Additional Support for Learning) (Scotland) Act 2004. Five research questions investigate the perceptions of those school staff taking part in the process of change, in that they query: the properties staff attach to the process of change; the conditions they believe may foster or inhibit the process of change; the skills they feel are important to facilitating a process of change; what changes there may be for children with Additional Support Needs; and, impor

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11

Smit, Mathilda. "Gesinsbemiddelingsproses met inagneming van die "Children's Act, Act 38 of 2005"." Thesis, 2009. http://hdl.handle.net/10500/4166.

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Text in Afrikaans<br>Globally divorce is an increasing phenomenon. If not handled correctly it may be significantly destructive for the people involved. The new Children’s Act, Act 38 of 2005 regards the best interests of the child paramount in all matters concerning the care, protection and well-being of a child. It underpins the importance of the full, or specific parental responsibilities of parents, the importance of a conciliatory and non-confrontational approach to the settlement of child-centred disputes. It also mandates that the child has the right to participate in an appropriate way

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12

Du, Preez Willie Renier. "The medical treatment of children and the Children's Act 38 of 2005." Diss., 2012. http://hdl.handle.net/2263/27868.

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During the last decade a considerable number of statutes were adapted in South Africa pertaining to the medical treatment of children. Following international norms regarding this matter, South African law also prescribes a minimum age of consent for children seeking medical treatment without the parent’s or guardian’s consent. The long awaited Children’s Act revolutionised child law in South Africa in that it is a piece of legislation touching on a wide spectrum of issues which impact on children’s lives. Before the Children’s Act, matters regarding children were found in scattered fragments

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13

Mpumelelo, Ncube E. "Views of parents in the Johannesburg Metro (Region 11) regarding reproductive health issues emanating from the Children's Act No 38 of 2005 as amended in 2008." Thesis, 2010. http://hdl.handle.net/10539/8199.

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The study took as its point of departure the Children’s Act No 38 of 2005 that emanated from the Bill of Rights enshrined in the Constitution of the Republic of South Africa (Act 108 of 1996). This Act has as its primary aims, to promote the preservation and strengthening of families and to give effect to the rights of children as enshrined in the Constitution of the Republic of South Africa, including: protection of children from maltreatment, neglect, abuse or degradation and the fact that the best interest of a child are of paramount importance in every matter concerning children. It

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14

Prinsloo, Ronelle. "Ouerlike regte en verpligtinge ooreenkomste kragtens die Childrens Act 38 van 2005 / Ronelle Prinsloo." Thesis, 2014. http://hdl.handle.net/10394/11946.

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The authority of parents within the parent child relationship has developed from the rigid potestas which the pater in Roman Law could legally exercise to the authority of both parents in Roman-Dutch Law. The relationship had always been based in the biological sphere while the guardianship of the fathers had always been stronger than that of the mother. The position had been altered statutoraly in the Guardianship Act to provide for guardianship for the mother to be equal to that of the father.Under pressure of Constutional norms and prescripts on the one hand and also because of dramatically

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15

Sibanda, Sipho. "Challenges faced by social workers working in child protection services in implementing the Children's Act 38 of 2005." Diss., 2014. http://hdl.handle.net/2263/40369.

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The transition from the previous Child Care Act 74 of 1983 to the new Children’s Act 38 of 2005 has been chaotic. Since the introduction of the Children’s Act 38 of 2005, and its subsequent implementation in April 2012, there has been instability in rendering child protection services. This state of affairs has been caused by some serious loopholes and shortcomings in the new legislation; challenges faced by social workers in adapting to it; lack of capacity of the stakeholders in the child protection field; and the shortage of resources to implement it. The goal of the study was to explore t

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16

Basson, Elzanne. "'n Ondersoek na die invloed van die belewenisse van maatskaplike werkers op die implementering van die statutêre verwyderingsproses / Elzanne Basson." Thesis, 2014. http://hdl.handle.net/10394/11008.

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Statutory social work is a mode of intervention within social work which poses many emotional and physical challenges to social workers. Social workers execute the implementing of the Children's Act (Act 38 of 2005) through the statutory removal process and they are the primary facilitators of this process. The goal of the statutory removal process is to protect children from abuse, neglect and exploitation by their biological parents or carers. Although research has been done previously about the experiences of social workers with regards to the statutory removal process, the research was lim

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17

Manukuza, Khanyisile B. "Legal placement of orphaned children in related foster care : the perspectives of social workers." Thesis, 2014.

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After the transition from apartheid to democracy, the South African government embarked on designing policies and laws to address social problems and protect vulnerable groups in communities. Orphaned children are regarded as being vulnerable. The Children’s Act No. 38 of 2005 (as amended) is a legal document set to address issues related to vulnerable children and to ensure that their best interests are met. In terms of Section 150 of the said Act, orphaned children could be identified as children in need of care and protection if they are without visible means of support. However, this secti

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18

Makola, Magashe Petrus. "Teenage pregnancy : views of parents/caregivers, teenagers and teachers at two high schools in Soweto, Gauteng." Thesis, 2011. http://hdl.handle.net/10539/10718.

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In view of the unprecedented escalation in unplanned teenage pregnancies in South Africa, this research study sought to explore contributing factors, consequences, challenges, needs and coping strategies surrounding teenage pregnancy. The study was based on a qualitative research paradigm. The research used purposive sampling as a strategy to target three particular categories of individuals for investigations (i.e. parents/caregivers, teenagers and teachers). Semi-structured interview schedules were the instruments used to gather data during face-to-face interviews with the participants. The

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19

Fourie, Charmaine. "'n Opleidingsprogram vir voornemende pleegouers (Afrikaans)." Thesis, 2008. http://hdl.handle.net/2263/27100.

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Misdade wat gemik is teen kinders veroorsaak tans ‘n nasionale krisis wat geïllustreer word deur die feit dat daar ‘n toename in die mishandeling en verwaarlosing van kinders is. Al hoe meer kinders word ook wees gelaat na die afsterwe van hul biologiese ouers weens MIV/VIGS-verwante siektes. Dit bring mee dat daar ‘n geweldige toename in pleegsorgplasings in Suid-Afrika is. Welsynsorganisasies beskik egter nie oor ‘n resente opleidingsprogram wat daarop gemik is om voornemende pleegouers op pleegsorg voor te berei nie. Die doel van die studie het behels om ‘n opleidingsprogram vir voornemende

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20

Themistocleous, Nicola. "Child care and contact evaluations : psychologists' contributions to the problem-determined divorce process in South Africa." Thesis, 2017. http://hdl.handle.net/10500/23273.

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Disputes concerning care and contact arrangements for the minor children of divorcing couples present special challenges for professionals in the legal and psychological professions. Care and contact (custody) disputes, which are complex undertakings, are a point of debate in the professional arena in South Africa. Clinical psychologists are often included in the professional cohort that assists the high court, as the upper guardian of minor children, in the decision making process regarding contested care arrangements of children. This field is further challenged by the lack of training progr

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21

Thumbadoo, Zenuella Sugantha. "Ways in which child and youth care workers support child-headed households in communities." Diss., 2013. http://hdl.handle.net/10500/13810.

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The qualitative research approach, applying an explorative, descriptive and contextual strategy of enquiry was used to address the research question formulated, - How do child and youth care workers support child-headed households in the community? In this process the needs, relationships, interactions and encounters which occur between child and youth care workers and young people in child-headed households are described. The research was conducted with children from two child-headed households (12 children in all) and three community child and youth care workers from the Isibindi project in

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22

Mbulu, Jabulile Favourite. "Exploring the experience of virginity testing by female adolescents in the uThungulu district of Kwazulu-Natal." Diss., 2016. http://hdl.handle.net/10500/21610.

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Text in English<br>The purpose of the study was to investigate the experience explore the experience of virginity testing of female adolescents in the uThungulu district of KwaZulu-Natal. A qualitative research was conducted to explore and describe the experiences of female adolescents on virginity testing. In-depth phenomenological interviews were conducted on 18 participants during data collection. Proponents of virginity testing believe that virginity testing is a traditional practice that can assist in reducing HIV infection and teenage pregnancy amongst the youth. On the other hand, oppon

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