Assignment 2 Semester 2 2026
Unique number:
Due date: September 2026
QUESTION 1
1.1 Procedures and legal requirements when Ms C's daughter reaches the
maximum age
Maximum age and the best interests of the child
In South Africa, a female offender may keep her young child with her in a
correctional centre until the child reaches two years of age. The purpose of allowing
the child to remain with the mother is to protect the early mother and child bond and
reduce the harmful effects of early separation. During this period, the Department of
Correctional Services must provide for important needs such as nutrition, clothing
and medical care, while social workers and other professionals must support both
mother and child (PEN3703 Study guide 2020:13).
, QUESTION 1
1.1 Procedures and legal requirements when Ms C's daughter reaches the
maximum age
Maximum age and the best interests of the child
In South Africa, a female offender may keep her young child with her in a
correctional centre until the child reaches two years of age. The purpose of allowing
the child to remain with the mother is to protect the early mother and child bond and
reduce the harmful effects of early separation. During this period, the Department of
Correctional Services must provide for important needs such as nutrition, clothing
and medical care, while social workers and other professionals must support both
mother and child (PEN3703 Study guide 2020:13).
Section 20 of the Correctional Services Act 111 of 1998 regulates the position of
children who stay with their incarcerated mothers. The Act allows a mother to keep
her child with her until the child reaches two years, subject to the best interests of the
child. The Department of Correctional Services must therefore begin planning for the
child's removal and alternative care before the child reaches the maximum age
rather than waiting until the last moment. The PEN3703 Study guide also confirms
that children in South African correctional centres may stay with their mothers only
until two years of age, after which alternative care must be arranged (Correctional
Services Act 111 of 1998, s 20; PEN3703 Study guide 2020:47).
Assessment of the child's family circumstances
Before Ms C's daughter leaves the correctional centre, a social worker must
investigate her family circumstances and identify a safe and suitable caregiver. The
White Paper on Corrections places the child's interests at the centre of decisions
involving mothers and babies and requires proper assessment of family
circumstances and possible alternative arrangements outside the correctional centre
(Department of Correctional Services 2005:81). In Ms C's situation, this assessment
is particularly important because Mr D's family refuses to care for the child and Ms
C's mother has stated that her alcohol dependency and poor living conditions
prevent her from providing suitable care.