Abuse and NEGLECT
Children’s Act (no. 38 of 2005)
Objectives
1. To promote the preservation and strengthening of families
2. To give effect to the following constitutional rights of children
Family care or parental care or appropriate alternative care when
removed from the family environment (Bill Of Rights, art 28)
Social services
Protection from maltreatment, neglect, abuse, or degradation
That the best interest of a child are of paramount importance in every
matter concerning the child
3. To give effect to the Republic’s obligations concerning the well-being of
children in terms of international instrument binding on the Republic (UN’s
convention on Rights of a Child)
4. To make provision for structures, services and means for promoting and
monitoring the sound physical, psychological, intellectual, emotional and
social development of children (White Paper)
5. To strengthen and develop community structures which can assist in
providing care and protection for children
6. To protect children from discrimination, exploitation and any other physical,
emotional or moral harm hazards
7. To provide care and protection to children who are in need of care and
protection
8. To recognise the special needs that children with disabilities may have
9. Generally, to promote the protection, development and well-being of children.
Definitions
Physical Abuse:
A physically harmed child is child who is , not by accident, physically
harmed by the person in whose care he/she is
Can refer to severe and r epeated non-accidental injuries to a child
such as unexplained bruises, burns, broken bones and cuts and
repeated accidents
Sexual Abuse:
Is the involvement of a child, with or without the child’s consent, with an
adult (or age-appropriate adolescent) with or without the family’s
knowledge in sexual behaviour designed for the gratification of the
adult who has charge of the child
Rape – when sexual behaviour is coupled with violence
Incest – within family relationships forbidden by law
Molestation – any kind of manual, oral, anal, genital, buttock or breast
contact or use of objects for sexual penetration, fondling or stimulation.
, Neglect:
A neglected child is one who suffers harm owing to the failure of his/her
parent or caretakers to fulfil his/her basic needs
Physical neglect – voluntary food deprivation, poor hygiene, lack of
supervision, unjustified unattended problems or medical needs,
delayed medical care, lack of clothing and shelter
Emotional neglect – when he/she suffers a lack of love and nurturing.
Children’s Act: Child in need of care and protection:
1. A child IS in need of care and protection is, the child:
a. Has been abandoned and is without any visible means of support
b. Displays behaviour which cannot be controlled by the parent or care-giver
c. Lives or works on the streets or begs for a living
d. Is addicted to a dependence-producing substance and is without any
support to obtain treatment
e. Has been exploited or lives in circumstances that expose the child to
exploitation
f. Lives in or is exposed to circumstances which may seriously harm that
child’s physical, mental or social well-being
g. May be at risk if returned to the custody of the parent, guardian or care-
giver of the child as there is reason to believe that he/she will live in or be
expose to circumstance which may seriously harm the physical, mental or
social well-being of the child
h. Is in the state of physical or mental neglect
i. Is being maltreated, abused, deliberately neglected or degraded by a
parent, a care-giver, a person who has parental responsibilities and rights
or a family member of the child or by a person under whose control the
child is
2. A child found in the following circumstances MAY be a child in need of care
and protection and must be referred for investigation by a designated social
worker:
a. A child who is a victim of child labour
b. A child in a child-headed household
, Child Neglect
Definition
Defining neglect in a multicultural society poses problems, since one is setting
minimum standards for child rearing
Is regarded as the visible condition where the child’s basic physical needs
have not been met by his parents or caretakers.
More prevalent than physical abuse, yet gets less attention and
consequences are just as bad.
Presentation
Condition of a neglected child is visible
Dirty, unkempt, badly clothed, of evidently in need of medical attention
Behaviour wild and uncontrollable or lethargic and depressed
The following conditions are associated with child neglect:
Failure to provide for the nutritional needs of the child – child is hungry
and has nothing to eat and no money with which to buy food
Inappropriate clothing – dirty, inappropriate for prevailing weather
conditions
Lack of hygiene – unwashed and unkempt – might be rejected at
school because of unhygienic appearance
Insufficient medical care – may be in obvious need of medical attention
– omission to obtain inoculations or attend to illnesses in time, could
lead to death or serious illness – dehydration and heat exhaustion are
major causes of infant deaths and are directly related to neglect
Raising a child in an environment which is unfit or improper or without
proper protection from danger (Children’s Act , f)
Lack of supervision in situations which pose danger
Leaving a young child unattended or without adequate supervision
Allowing a child to associate with unsuitable companions who may
introduce the child to dangerous substances or immoral activities
Desertion of a child
Allowing a child to beg for a living
Non-attendance at school without medical reasons
Inability to control or direct a child’s behaviour resulting in wild
incontrollable actions
Failure to thrive
Visible indications:
Poor growth
Inappropriate proportions – long bones fail to grow normally
Peripheral vascular status – cold hands and feet, purplish in colour
and pitted sores which are slow to heal
Pot belly and loose stools – malnutrition
Children’s Act (no. 38 of 2005)
Objectives
1. To promote the preservation and strengthening of families
2. To give effect to the following constitutional rights of children
Family care or parental care or appropriate alternative care when
removed from the family environment (Bill Of Rights, art 28)
Social services
Protection from maltreatment, neglect, abuse, or degradation
That the best interest of a child are of paramount importance in every
matter concerning the child
3. To give effect to the Republic’s obligations concerning the well-being of
children in terms of international instrument binding on the Republic (UN’s
convention on Rights of a Child)
4. To make provision for structures, services and means for promoting and
monitoring the sound physical, psychological, intellectual, emotional and
social development of children (White Paper)
5. To strengthen and develop community structures which can assist in
providing care and protection for children
6. To protect children from discrimination, exploitation and any other physical,
emotional or moral harm hazards
7. To provide care and protection to children who are in need of care and
protection
8. To recognise the special needs that children with disabilities may have
9. Generally, to promote the protection, development and well-being of children.
Definitions
Physical Abuse:
A physically harmed child is child who is , not by accident, physically
harmed by the person in whose care he/she is
Can refer to severe and r epeated non-accidental injuries to a child
such as unexplained bruises, burns, broken bones and cuts and
repeated accidents
Sexual Abuse:
Is the involvement of a child, with or without the child’s consent, with an
adult (or age-appropriate adolescent) with or without the family’s
knowledge in sexual behaviour designed for the gratification of the
adult who has charge of the child
Rape – when sexual behaviour is coupled with violence
Incest – within family relationships forbidden by law
Molestation – any kind of manual, oral, anal, genital, buttock or breast
contact or use of objects for sexual penetration, fondling or stimulation.
, Neglect:
A neglected child is one who suffers harm owing to the failure of his/her
parent or caretakers to fulfil his/her basic needs
Physical neglect – voluntary food deprivation, poor hygiene, lack of
supervision, unjustified unattended problems or medical needs,
delayed medical care, lack of clothing and shelter
Emotional neglect – when he/she suffers a lack of love and nurturing.
Children’s Act: Child in need of care and protection:
1. A child IS in need of care and protection is, the child:
a. Has been abandoned and is without any visible means of support
b. Displays behaviour which cannot be controlled by the parent or care-giver
c. Lives or works on the streets or begs for a living
d. Is addicted to a dependence-producing substance and is without any
support to obtain treatment
e. Has been exploited or lives in circumstances that expose the child to
exploitation
f. Lives in or is exposed to circumstances which may seriously harm that
child’s physical, mental or social well-being
g. May be at risk if returned to the custody of the parent, guardian or care-
giver of the child as there is reason to believe that he/she will live in or be
expose to circumstance which may seriously harm the physical, mental or
social well-being of the child
h. Is in the state of physical or mental neglect
i. Is being maltreated, abused, deliberately neglected or degraded by a
parent, a care-giver, a person who has parental responsibilities and rights
or a family member of the child or by a person under whose control the
child is
2. A child found in the following circumstances MAY be a child in need of care
and protection and must be referred for investigation by a designated social
worker:
a. A child who is a victim of child labour
b. A child in a child-headed household
, Child Neglect
Definition
Defining neglect in a multicultural society poses problems, since one is setting
minimum standards for child rearing
Is regarded as the visible condition where the child’s basic physical needs
have not been met by his parents or caretakers.
More prevalent than physical abuse, yet gets less attention and
consequences are just as bad.
Presentation
Condition of a neglected child is visible
Dirty, unkempt, badly clothed, of evidently in need of medical attention
Behaviour wild and uncontrollable or lethargic and depressed
The following conditions are associated with child neglect:
Failure to provide for the nutritional needs of the child – child is hungry
and has nothing to eat and no money with which to buy food
Inappropriate clothing – dirty, inappropriate for prevailing weather
conditions
Lack of hygiene – unwashed and unkempt – might be rejected at
school because of unhygienic appearance
Insufficient medical care – may be in obvious need of medical attention
– omission to obtain inoculations or attend to illnesses in time, could
lead to death or serious illness – dehydration and heat exhaustion are
major causes of infant deaths and are directly related to neglect
Raising a child in an environment which is unfit or improper or without
proper protection from danger (Children’s Act , f)
Lack of supervision in situations which pose danger
Leaving a young child unattended or without adequate supervision
Allowing a child to associate with unsuitable companions who may
introduce the child to dangerous substances or immoral activities
Desertion of a child
Allowing a child to beg for a living
Non-attendance at school without medical reasons
Inability to control or direct a child’s behaviour resulting in wild
incontrollable actions
Failure to thrive
Visible indications:
Poor growth
Inappropriate proportions – long bones fail to grow normally
Peripheral vascular status – cold hands and feet, purplish in colour
and pitted sores which are slow to heal
Pot belly and loose stools – malnutrition
