Amendments to the Children’s Act ’25: What Every Guardian and Social Worker Must Know

As of 28 May 2025, significant amendments to the Children’s Act 38 of 2005 have come into force. These updates place renewed emphasis on the responsibilities of social workers and caregivers when it comes to protecting South Africa’s most vulnerable children.

The legislative changes target the foster care process, child protection services, and the quality of reporting required by professionals in the field. These are not minor technical adjustments, they carry legal implications that all guardians, social workers, and legal practitioners must urgently take note of.

Here’s what’s new:

• Section 105(6): Introduces a quality assurance framework for child protection services, a step toward improved oversight and accountability.

• Sections 142(F), 142(J), and 142(JB): Outline the conditions for examining children who have been abused, neglected, or abandoned. These safeguards aim to protect children’s rights during assessments.

• Sections 156(1) and (2): Address children without any parents or caregivers, reinforcing the state’s duty to ensure lawful placement and care.

• Section 160(cA): Establishes new requirements for how and when social workers must report.

• Sections 183(1)(a) and (1)(aA): Strengthen expectations around social worker court reports for children in need of care.

At Kern, Armstrong & Associates, we approach matters of child protection with both legal precision and human empathy. These amendments require immediate attention, not only to avoid non-compliance but to actively uphold the dignity and rights of the children we are sworn to protect.

If you or your organisation need help navigating these changes, our litigation and child law team is ready to advise.

Kern, Armstrong & Associates - info@kernattorneys.co.za | 010 109 1055