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Foster care surprise ruling

Judge says that grandparents have an obligation to look after their grandkids.

grandmother

A local judge has ruled in a case that grandparents have a legal obligation to look after their grandchildren- a ruling which could have far-reaching effects across many communities, according to a report in News24.

300 000 grannies affected


Prior to the ruling, a granny fostering an orphaned or abandoned grandchild could apply for a R770 foster-child grants. The ruling could mean she won’t be able to do that, but would instead have to claim a smaller R280 child-support grant instead, as the judge has ruled that it’s her obligation, not her choice. She wouldn’t be alone, either- the judge’s ruling could impact 300 000 grannies currently looking after orphaned or abandoned kids, who may also lose their foster-child grants.

Orphans and abandoned children are considered extremely vulnerable acccording to current legislation, although the law isn't clear when it comes to allocation of foster-care grants.

Good news for aunts?


Grandparents joined the list of biological parents, adoptive parents and adult siblings [of the foster-child] with a “duty of support”. Aunts and uncles, however, have no such obligation. This means an aunt providing foster care to a niece or nephew can apply for the foster-child grant.

What would you say is the most likely outcome from the ruling?
By: Scott Dunlop

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