Assignment 4 PORTFOLIO 2026
Unique number:
Due date: 20 October 2026
TASK 1: ADVANCED CHILD PROTECTION DECISION-MAKING
1.1 Competing interests of the child, biological parent and foster parent
Section 9 of the Children’s Act 38 of 2005 makes the child’s best interests
paramount, while section 10 requires the child’s own views to receive due
consideration. The child has a right to safety, stability, family relationships and
participation in decisions that affect everyday life. Remaining with the foster family
may protect the attachment that has developed and the improved school
performance, but the child should not be made to believe that choosing foster care
means rejecting the biological parent. The unresolved attachment concerns are
especially important because another sudden move may cause emotional harm. The
child’s opinion deserves proper weight according to maturity and understanding,
rather than being treated as the only deciding factor (Children’s Act 38 of 2005, ss.
, TASK 1: ADVANCED CHILD PROTECTION DECISION-MAKING
1.1 Competing interests of the child, biological parent and foster parent
Section 9 of the Children’s Act 38 of 2005 makes the child’s best interests
paramount, while section 10 requires the child’s own views to receive due
consideration. The child has a right to safety, stability, family relationships and
participation in decisions that affect everyday life. Remaining with the foster family
may protect the attachment that has developed and the improved school
performance, but the child should not be made to believe that choosing foster care
means rejecting the biological parent. The unresolved attachment concerns are
especially important because another sudden move may cause emotional harm. The
child’s opinion deserves proper weight according to maturity and understanding,
rather than being treated as the only deciding factor (Children’s Act 38 of 2005, ss. 7,
9 and 10).
Section 7 of the Children’s Act requires attention to the child’s relationships, security
and the likely effects of changing care arrangements. The biological parent has a
meaningful interest in rebuilding parental care after rehabilitation and should receive
a fair opportunity to demonstrate lasting change. Completing rehabilitation is
encouraging, although it does not by itself prove that the home is safe or that the
parent can meet the child’s emotional and practical needs. Foster parents have an
important caring relationship and may fear that an immediate return will undo the
child’s progress, but their preference cannot automatically override the possibility of
reunification. I would consider the child’s relationships with both households as
something to protect, rather than turning the assessment into a contest between
adults (BSW4806 Study guide, 2025).
1.2 Possible statutory options and their advantages and disadvantages
Section 159 of the Children’s Act deals with the duration and extension of children’s
court orders, while section 156 provides the possible care and protection orders.
Section 186 allows longer foster care arrangements in particular circumstances, but
its requirements must be assessed rather than assumed. The Children’s Court may
consider extension of the existing foster care arrangement under the applicable