Abstract:
The transition from the Child Care Act 74 of 1983 to the Children’s Act 38 of 2005 has been chaotic. This has been caused by shortcomings in the new legislation; challenges faced by social workers in adapting to it; lack of capacity of the stakeholders in the field; and the shortage of resources to implement it. The Children’s Act 38 of 2005 needs to be amended to address its pre-statutory, statutory and post-statutory shortcomings. Recommendations on addressing these challenges include the establishment of a kinship care grant; amending the Children’s Act; and addressing technical issues on the implementation of the Children’s Act 38 of 2005.