DSD CLEANS FOSTER CARE BACKLOG THROUGH TECHNOLOGY

By Cuma Pantshwa 

• The Department of Social Development (DSD) has successfully addressed the longstanding backlog in foster care orders, a significant issue in the child protection system.
• The introduction of a Foster Care Monitoring Tool and other measures has streamlined the management of foster care, ensuring proper placement and timely renewals of orders.
• Recent legal reforms, including the Social Assistance Amendment Act and the Children’s Amendment Act, have strengthened the child protection framework, particularly for orphaned and abandoned children.

The Department of Social Development (DSD) has successfully tackled the backlog in foster care orders, a critical issue that has plagued South Africa’s child protection system. The department has made significant strides in improving the management of the foster care programme, changing the landscape of foster care in the country. This overhaul was necessitated by previous challenges, including litigation against the department, which highlighted the need for a comprehensive legal framework, robust systems, and adequate resources to ensure the proper care of vulnerable children, especially those in foster care.

Sibongile Khoza, Social Work Policy Manager for the Foster Care programme within the Directorate for Child Protection, explained that the department implemented a Foster Care Monitoring Tool—a web-based system designed to oversee foster care services. “This tool helps manage and track the duration of foster care orders, ensuring children are appropriately placed with valid foster care orders. It includes a warning system to alert social workers when these orders are due to expire, and it also enhances the supervision of social workers, ultimately improving services for foster children,” said Ms Khoza.

Foster care is one of several forms of alternative care for children. According to Section 167(1) of the Children’s Act, alternative care includes foster care, placement in a child and youth care centre following a court order, or temporary safe care. The DSD’s mandate is to ensure the care and protection of children, relying on collaboration with various role players, such as the Department of Justice and Constitutional Development, which is responsible for issuing and monitoring foster care orders as outlined in Sections 159 and 186 of the Children’s Act.

In the past, the DSD faced a significant challenge with numerous lapsed foster care court orders, creating an unmanageable backlog. Legally, the department could not extend foster care placements beyond the period specified by the Children’s Act, 38 of 2005. The Act stipulates in Section 159(1)(a) that a foster care order issued by the children’s court expires two years from the date it was issued, but it may be extended by the court for up to two years at a time. Section 186 allows the court to prescribe conditions, including monitoring and supervision of foster placements.

Neliswa Cekiso, Director of Child Protection at DSD, highlighted the significance of these improvements. “As the custodian of the Children’s Act, this is a great achievement for Social Development and the children of South Africa. The child protection system has been strengthened by the comprehensive legal solution introduced since June 2022, with the passing of the Social Assistance Amendment Act and the Children’s Amendment Act 17, 2023. These laws provide for orphaned and abandoned children who are not in need of care and protection, allowing them to be placed in the care of relatives who are willing and able to care for them.”

Ms Cekiso further emphasised, “The introduction of fully resourced designated child protection units also enhances the provision of a range of services to children. We now have a legal solution that ensures no court order lapses without an extension from the Children’s Court.”