COURT PREPARATION

Presented by Adv Elizabeth Nieuwoudt and Bronwinn Marshall

This webinar provides essential legal knowledge regarding the Children's Act (specifically Section 46 and 50) and practical guidance on court orders and care definitions required for child protection services.

Learning objectives:

Following the completion of this webinar, participants will be able to:

• Accurately identify the components of care as defined in the Children's Act.
• Understand the scope of orders a court can grant under Section 46.
• Explain the process for launching investigations in terms of Section 50 and the implications of failing to undergo statutory duties.
• Manage Child Contact and Placement to ensure the "best interests of the child" remain the paramount concern.
• Facilitate Professional Interventions.
• Articulate the multifaceted definition of "care" as per the Children’s Act
• Demonstrate how to apply the "Best Interest of the Child" standard as mandated by Section 7 of the Children’s Act and Section 28 of the Constitution in all judicial and administrative proceedings.
• Determine appropriate methods for child participation in court matters.
• Correctly identify the legal criteria for a child in need of care and protection under Section 150.
• Distinguish between and recommend various court orders under Section 46 and 156.
• Understand the procedural requirements for social work reports under Regulation 55 and the legal implications of failing to undergo statutory duties as instructed by the court.
• Coordinate Multi-Disciplinary Interventions.

The participants will be provided with a theoretical overview as well as study materials in the form of presentation slides, additional relevant literature and articles. Furthermore, the participants will be provided with the opportunity to practice practical skills through case study discussions.

The training moves beyond basic theoretical knowledge to focus on the specialized legal duties of social workers, specifically regarding Section 150 (Children in need of care and protection) and the wide variety of court orders available under Sections 46 and 156. Participants will engage with complex definitions of "care," the "best interest standard," and the critical legal requirement for "child participation" based on age and maturity. By analyzing specific circumstances—such as child-headed households, addiction, and exploitation—professionals will learn to align their social work reports (Regulation 55) with appropriate legal interventions, ranging from family preservation and early intervention.