Update

KNYSNA NEWS - The news that a week-old baby was found in Green Street, Knysna, and the subsequent arrest of her mother took Knysna's social media platforms by storm recently. Knysna-Plett Herald found out from the Western Cape Ministry of Social Development what happens in such a case.

"When children are in danger or abandoned as in this case, whether after hours or during the day, the police immediately reports the case to the Department of Social Development," said the ministry's spokesperson, Joshua Chigome. 

"The child is first safeguarded in the hospital in order to establish whether there are any medical needs that need to be attended to."

If the discovery is made in daytime, the case can be brought before court immediately and the allocated child-protection organisation takes responsibility for the child as well as his or her placement.

When a child is dealt with after 16:00, a Form 36 (which allows for the child to be brought before the court either within 24 hours, or on the first working day) can be issued immediately by the police or a social worker, and is valid for 72 hours (a weekend).

As abandoning a child is a criminal offence, the police immediately open an inquest docket and are responsible for tracing the responsible parent or parents, who are then charged according to the Children's Act 38/2005. 

The child normally remains in the hospital for no longer than seven days to allow for immediate family to be traced or until discharged in cases where medical attention was still needed.

When none of the child's immediate family can be traced or they are not suitable or fit to care for the child, the child will be placed in temporary safe care with "screened, temporary safe-care parents" for 90 days, during which time investigations will continue. The final report is submitted to court to make a long-term decision regarding the care of the child.

The court will either place the child in the care of the parents or in the care of screened and trained foster parents for two years. The biological parents have the option to sign the child off for adoption. Then, said Chigome, "the adoption process starts after the foster care placement has been approved by court. The parents can sign a child off whenever an application is made for the adoption of the child." 

Children of any age can be adopted. The parents can go to any court at any time if they decide to sign their child off for adoption.

If the parents don't want to consider adoption, the aforementioned two-year process will simply revolve, and the biological parents will continue to be monitored so that every two years the court can determine whether they can assume care of the child or if the child still needs to be in foster care. 

This process continues until children are 18, when they are deemed adults.