Investigation in terms of section 150 of...

Asked by JOHAN on 22-02-2024 15:37:08
Question posted in the Family Law category relating to Western Cape

Investigation in terms of section 150 of the child act.

The child court did refer the matter.

How long do the social worker have to deduct her investigation in terms of the act.

Message from the Lawyer

Posted by Att. Patrick on 22-02-2024 16:24:40

Hi there and thank you for your question,

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Section 155(2) of the Act says that the designated social worker must investigate the matter and within 90 days compile a report whether the child is a child in need of care and protection and report the matter to the relevant DSD;

So the answer is 90 days.

Message from the client

Can i see the children during the investigation under the social worker

Message from the Lawyer

Posted by Att. Patrick on 22-02-2024 16:46:33

Yes, you should be able to have contact with the children, unless there is a court order which prevents you having access to the children. But you must realise that "contact" might be limited to telephonic contact, until such time as the report has been handed in to court. 

Message from the client

My mother in law is the social worker and she delay the process as long as possible so that the children cannot see me.
But both parties agree that i can see the children under supervision 3 x a week in front of the judge. Know they do not stick with the terms as agreed

Message from the Lawyer

Posted by Att. Patrick on 23-02-2024 08:20:55

Then what you need to do is to get your case back before the magistrate, in order to complain about the delays in the social worker not preparing the report, but also that your mother-in-law is the social worker - because how on earth can she give an honest report if she is linked to the matter? Where the child is her daughter's child. It makes no sense at all! 

Answer Accepted

This answer was accepted on 23-02-2024 13:38:40

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