Abstract

This article reports on the findings of a study of foreign children accommodated in the care system in the Western Cape, based on fieldwork conducted in child and youth care centres. The objectives of the study were firstly to map and quantify the number and demographics of foreign children placed in all CYCCs across the Western Cape. Secondly, the study aimed to analyse the reasons for children's migration and the circumstances around their placement in residential care institutions in order to establish whether family reunification was possible or desirable. Thirdly, the study explores the sufficiency of efforts made to trace and reunify the children with their families, whether in South Africa or across borders, as the institutional placement of children should not only be a last resort but it should preferably be temporary whilst family-based solutions are sought. Lastly, the documentation status of the children in the study was examined. Recommendations emanating from the research conclude the study.

Highlights

  • The number, demographics and circumstances of unaccompanied and separated foreign children living in South Africa are unknown

  • The Scalabrini Centre, a nonprofit organisation working with migrant and refugee communities in Cape Town, had been called upon to assist in resolving difficulties experienced by social workers relating to the cases of foreign children who had entered the child protection system through the Children's Court and been placed in care

  • The researchers identified the need for a more comprehensive study of the concrete facts and specific challenges faced by foreign children in the child protection system, in order for the researchers to arrive at appropriate recommendations and possible solutions in law and practice to enable these children to better secure their rights

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Summary

Introduction

The number, demographics and circumstances of unaccompanied and separated foreign children living in South Africa are unknown. The Scalabrini Centre, a nonprofit organisation working with migrant and refugee communities in Cape Town, had been called upon to assist in resolving difficulties experienced by social workers relating to the cases of foreign children who had entered the child protection system through the Children's Court and been placed in care. These requests had been received on an ad hoc basis from a range of social workers. The researchers identified the need for a more comprehensive study of the concrete facts and specific challenges faced by foreign children in the child protection system, in order for the researchers to arrive at appropriate recommendations and possible solutions in law and practice to enable these children to better secure their rights

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