An implementation analysis of the children's Act number 38 of 2005 (Part B Chapter 13 and 14) : a case study of the Department of Social Development, Umzinyathi District.

Abstract

This study examines public policy implementation with specific emphasis on the implementation of the South African Children’s Act number 38 of 2005. The main area of concern for the current study is Chapter 12 of the act which focuses on foster care. Public policy is examined in general in order to provide a better understanding of why and how policies and Acts emerge. The study looks at policy implementation issues of the Children’s Act number 38 of 2005, foster care. The Children’s Act governs all the laws relating to the care and protection of children. It further defines the responsibilities of all involved (parents and care workers) and underscores provisions regarding court proceedings. The study examines how the Foster Care aspect of the Children’s Act number 38 of 2005 was implemented in uMzinyathi district of Kwazulu Natal. The study reveals that the social workers selected for the study (except for the newly appointed amongst them) are aware of and have been capacitated on the areas of foster care as contained in the said Act. The study further reveals that the implementation of this Act has met with some obstacles which borders on lack of resources; processes to be followed when placing a child and the misinterpretation of the Act by other stakeholders involved in the implementation of the Act. Against the backdrop of the findings, recommendations are made to inform policy and praxis in the subsequent implementation of the Act.