Statutory social work is a mode of intervention within social work which poses many emotional and physical challenges to social workers. Social workers execute the implementing of the Children's Act (Act 38 of 2005) through the statutory removal process and they are the primary facilitators of this process. The goal of the statutory removal process is to protect children from abuse, neglect and exploitation by their biological parents or carers. Although research has been done previously about the experiences of social workers with regards to the statutory removal process, the research was limited to studies in America and England. The goal of this study was to explore the experiences of social workers concerning the statutory removal process in South Africa in order to determine what the influences of these experiences were on the implementation of the statutory removal process. The research study is a qualitative study and a phenomenological strategy was followed to determine the social workers' experiences of the statutory removal process. The researcher made use of non-probability sampling through purposeful sampling to select participants for the study. Unstructured interviews were conducted with 26 social workers who are directly involved with the statutory removal of children. Interviewing took place until a saturation point was reached in the study. All interviews were transcribed for the purpose of data analyses, after which themes and sub-themes were identified. The themes and sub-themes were verified against existing literature, after which conclusions and recommendations were made. / MSW, North-West University, Potchefstroom Campus, 2014

Statutory social work is a mode of intervention within social work which poses many emotional and physical challenges to social workers. Social workers execute the implementing of the Children's Act (Act 38 of 2005) through the statutory removal process and they are the primary facilitators of this process. The goal of the statutory removal process is to protect children from abuse, neglect and exploitation by their biological parents or carers. Although research has been done previously about the experiences of social workers with regards to the statutory removal process, the research was limited to studies in America and England. The goal of this study was to explore the experiences of social workers concerning the statutory removal process in South Africa in order to determine what the influences of these experiences were on the implementation of the statutory removal process. The research study is a qualitative study and a phenomenological strategy was followed to determine the social workers' experiences of the statutory removal process. The researcher made use of non-probability sampling through purposeful sampling to select participants for the study. Unstructured interviews were conducted with 26 social workers who are directly involved with the statutory removal of children. Interviewing took place until a saturation point was reached in the study. All interviews were transcribed for the purpose of data analyses, after which themes and sub-themes were identified. The themes and sub-themes were verified against existing literature, after which conclusions and recommendations were made. / MSW, North-West University, Potchefstroom Campus, 2014

This thesis explores the constitutional right to receive basic education in the language of choice. This fundamental human right imposes a duty on the state to provide children with education in the language of their choice whenever reasonably practicable. It is not a matter of whether the state has to fulfil section 29(2) of the Constitution, but rather how to give effect to this provision. The right to receive basic education in the language of your choice is however, qualified by the specific internal limitation that provides that the right is subject to the condition that provision of education in the preferred language has to be reasonably practicable. Section 36, the limitation clause, is also a measure that can be used to limit this right. The aim of this paper is to contextually interpret the fundamental right to receive education in the language of one’s choice and to weigh up the intent of the provision to the provision’s actual result. All relevant factors will be taken into consideration to examine the possibility of limiting the right to receive instruction in the language of choice to comply with the purpose of education and the best interests of the child. / Thesis (LL.M. (Comparative Child Law))--North-West University, Potchefstroom Campus, 2010.

This thesis explores the constitutional right to receive basic education in the language of choice. This fundamental human right imposes a duty on the state to provide children with education in the language of their choice whenever reasonably practicable. It is not a matter of whether the state has to fulfil section 29(2) of the Constitution, but rather how to give effect to this provision. The right to receive basic education in the language of your choice is however, qualified by the specific internal limitation that provides that the right is subject to the condition that provision of education in the preferred language has to be reasonably practicable. Section 36, the limitation clause, is also a measure that can be used to limit this right. The aim of this paper is to contextually interpret the fundamental right to receive education in the language of one’s choice and to weigh up the intent of the provision to the provision’s actual result. All relevant factors will be taken into consideration to examine the possibility of limiting the right to receive instruction in the language of choice to comply with the purpose of education and the best interests of the child. / Thesis (LL.M. (Comparative Child Law))--North-West University, Potchefstroom Campus, 2010.

Remarkable progress with respect to the necessity of child participation has been observed in the Children's Act, act 38 of 2005. Article 10 of the Children's Act, act 38 of 2005, specifically provides for children‟s right to participate in any situation applicable to a child. Despite afore-mentioned progress in the legal field, the reality is that there are remarkable differences between children's rights to participate in society and society's experience of the role children play and the abilities they possess to do so. In this article the focus is on the responsibility of the social worker during the implementation of children's participation, according to the Children's act, act 38 of 2005. The successful implementation of children's participation by social workers ensures that the child is given a voice while important issues are being heard and discussed. This can actively contribute to the improvement of services offered to children and families with regard to effective intervention programmes and can ensure a positive outcome in terms of services provided. / Thesis (MSW (Forensic Practice))--North-West University, Potchefstroom Campus, 2013.

Remarkable progress with respect to the necessity of child participation has been observed in the Children's Act, act 38 of 2005. Article 10 of the Children's Act, act 38 of 2005, specifically provides for children‟s right to participate in any situation applicable to a child. Despite afore-mentioned progress in the legal field, the reality is that there are remarkable differences between children's rights to participate in society and society's experience of the role children play and the abilities they possess to do so. In this article the focus is on the responsibility of the social worker during the implementation of children's participation, according to the Children's act, act 38 of 2005. The successful implementation of children's participation by social workers ensures that the child is given a voice while important issues are being heard and discussed. This can actively contribute to the improvement of services offered to children and families with regard to effective intervention programmes and can ensure a positive outcome in terms of services provided. / Thesis (MSW (Forensic Practice))--North-West University, Potchefstroom Campus, 2013.

The authority of parents within the parent child relationship has developed from the rigid potestas which the pater in Roman Law could legally exercise to the authority of both parents in Roman-Dutch Law. The relationship had always been based in the biological sphere while the guardianship of the fathers had always been stronger than that of the mother. The position had been altered statutoraly in the Guardianship Act to provide for guardianship for the mother to be equal to that of the father.Under pressure of Constutional norms and prescripts on the one hand and also because of dramatically changed circumstances on the other it has become imperative that the foundation of the relatiopship would be reconcidered to determine its appropriateness for modern circumstances. Parental responsibilities and rights agreements as well as parenting plans to establish such responsibilities and rights in situations where it does not pertain to a perticular parent or a person concerned consequently reflect new and progressive thinking with regard to the nature and content of the relationship. In addition it may be noted that these agreements and plans reflect an inclination on the side of the legislature to move away from expensive, cumbersome and aggresive litigation bt providing the opportunity to persons concerned to come to mutaully acceptable results. It is futher argued that these agreements and plans may be viewed as a first step for the establishment of Family Relationshiop Centres it has developed in Australian Law / LLM (Private Law), North-West University, Potchefstroom Campus, 2014

The authority of parents within the parent child relationship has developed from the rigid potestas which the pater in Roman Law could legally exercise to the authority of both parents in Roman-Dutch Law. The relationship had always been based in the biological sphere while the guardianship of the fathers had always been stronger than that of the mother. The position had been altered statutoraly in the Guardianship Act to provide for guardianship for the mother to be equal to that of the father.Under pressure of Constutional norms and prescripts on the one hand and also because of dramatically changed circumstances on the other it has become imperative that the foundation of the relatiopship would be reconcidered to determine its appropriateness for modern circumstances. Parental responsibilities and rights agreements as well as parenting plans to establish such responsibilities and rights in situations where it does not pertain to a perticular parent or a person concerned consequently reflect new and progressive thinking with regard to the nature and content of the relationship. In addition it may be noted that these agreements and plans reflect an inclination on the side of the legislature to move away from expensive, cumbersome and aggresive litigation bt providing the opportunity to persons concerned to come to mutaully acceptable results. It is futher argued that these agreements and plans may be viewed as a first step for the establishment of Family Relationshiop Centres it has developed in Australian Law / LLM (Private Law), North-West University, Potchefstroom Campus, 2014

Misdade wat gemik is teen kinders veroorsaak tans ‘n nasionale krisis wat geïllustreer word deur die feit dat daar ‘n toename in die mishandeling en verwaarlosing van kinders is. Al hoe meer kinders word ook wees gelaat na die afsterwe van hul biologiese ouers weens MIV/VIGS-verwante siektes. Dit bring mee dat daar ‘n geweldige toename in pleegsorgplasings in Suid-Afrika is. Welsynsorganisasies beskik egter nie oor ‘n resente opleidingsprogram wat daarop gemik is om voornemende pleegouers op pleegsorg voor te berei nie. Die doel van die studie het behels om ‘n opleidingsprogram vir voornemende pleegouers te ontwikkel, te implementeer en empiries te toets. Die doelwitte wat gestel is om die doel te bereik was om ‘n opleidingsprogram vir voornemende pleegouers te ontwikkel, die program by voornemende pleegouers te toets en om die impak van die program waar te neem deur die resultate van ‘n voor- en natoets te vergelyk. Die inhoud van die opleidingsprogram wat vir die studie ontwikkel is, is beskryf. Gevolglik is van beskrywende navorsing gebruik gemaak. Hierdie studie het berus op die volgende hipotese: Indien voornemende pleegouers hierdie opleidingsprogram deurloop het, sal die voornemende pleegouers se kennis rakende die omvang, wetlike implikasies, verwagtinge, motiewe, verantwoordelikhede en pligte ten opsigte van pleegsorg, en die profiel van die pleegkind verbeter. Die empiriese resultate van die studie het die hipotese as waar bewys.‘n Kwantitatiewe enkelstelselontwerp, is die benadering wat gevolg is. Data is ingesamel met behulp van ‘n vraelys wat tydens ‘n voor- en natoets benut is. Altesaam 53 respondente (ouer as 20 jaar) bestaande uit getroude pare en enkellopendes wat gedurende die tydperk Februarie tot Junie 2006, by die Ondersteuningsraad van Pretoria as voornemende pleegouers aangemeld het, is by die studie betrek. Die 53 respondente is in drie groepe ingedeel. Drie opleidingsessies met elk van die drie groepe is onderneem. Rothman en Thomas se model vir intervensienavorsing is benut om die opleidingsprogram vir voornemende pleegouers te ontwikkel. Die model bestaan uit ses fases, waarvan die eerste vyf fases in die studie benut is. Tydens die eerste fase is die probleem ontleed; in die tweede fase is teoretiese inligting versamel en deelnemers by die studie betrek; by die derde en vierde fases, is die opleidingsprogram tentatief ontwerp en getoets om leemtes te identifiseer. Daarna is die program volledig geïmplementeer en die impak daarvan empiries getoets. Die kwantitatiewe data (voor- en natoets) is met behulp van ‘n selfontwerpte vraelys ingesamel. Die vraelys is benut om inligting aangaande die respondente se kennis van pleegsorg te verkry. Individuele telefoniese onderhoude is een maand na afloop van die implementering van die program met die respondente gevoer om addisionele inligting te kry. Die resultate van die voor- en natoets het getoon dat die opleidingsprogram suksesvol was. Die respondente wat by die studie betrek is, het ‘n verbetering getoon ten opsigte van hul kennis van pleegsorg. Na die evaluering van die opleidingsprogram, is ‘n samevatting van die vernaamste bevindings, en gevolgtrekkings vir die ondersoek in geheel, aangebied. Aanbevelings is gemaak en is temas vir verdere navorsing geïdentifiseer. / Thesis (DPhil)--University of Pretoria, 2008. / Social Work and Criminology / unrestricted