Supporting familial and community care for children: legislative reform and implementation challenges in South Africa

Abstract

This article critically evaluates important legislative reforms in South Africa, which, at the height of the AIDS pandemic, are intended to reduce the need for removing children from their families or communities. In a textual analysis of the 2005 Children's Act and the 2006 Children's Act Amendment Bill, the shift in focus from individual interventions to a developmental approach incorporating prevention and early intervention is explained. New family service and alternative care orders such as partial care, shared care, cluster care and support for child‐headed households are described. Although these creative solutions have considerable potential, there are gaps in the legislation that require supplementary wording. Drawing on the work of researchers and commentators, it is also shown that an inappropriate approach towards implementation has commenced, which harms rather than assists children. Recommendations are made for improving implementation that may be of relevance to other countries faced with similar challenges.

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