Unaccompanied and Separated Foreign Children in the Care System in the Western Cape: A Socio-Legal Study

J Sloth-Nielsen and M Ackermann

This document is a report on a study which involved a survey of all foreign-born children placed in child and youth care centers across South Africa’s Western Cape Province.  The study examines the intersection between migration law and children’s rights.  This study is intended to map and quantify the number of foreign-born children placed in child youth care centers around the Western Cape of South Africa.  The study also investigates the reasons for migration and the circumstances around child placement within these institutions.  In exploring this overview, researchers hope to determine if there is sufficient effort invested in tracing and finding these children’s families.

The majority of the children in the study were located in the Cape Town Metropole center.  Their ages were between 2 and 22 with the majority group being between ages 11 and 15. At least 25% had spent 7 years in a South African school.  There were challenges in determining nationality as many of the children lacked reliable documentation.  The majority of the children had been in South Africa for at least five years.  The primary reason for placement in care was socio-economic.  Family re-tracing and reunification is a challenge for many of the children, as most parents are either dead or cannot be found.

The majority of these children are identified as “lost in care.”  The children are essentially left to live within the system.  A large number of children in this group will be turning 18 soon, and if they cannot provide documentation, they will be sent back to their countries of origin.  It is suggested that Department of Social Development place these children into the foster care of recognized refugees so that they may maintain ties to their countries of origin.  This study has determined that over half the children born in South Africa do not have birth certificates.  The study recommends that social workers work with parents to make sure children’s births are registered.