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Find the following case C and Others v Department of Health and Social Development, Gauteng and Others (CCT 55/11) [2012] ZACC 1; 2012 (2) SA

Find the following case C and Others v Department of Health and Social Development, Gauteng and Others (CCT 55/11) [2012] ZACC 1; 2012 (2) SA 208 (CC); 2012 (4) BCLR 329 (CC) (11 January 2012).

QUESTION 1

In light of the case above, answer the following questions:

1.1 What is a social worker empowered to do in terms of section 152 (1) of the Children's Act, 2005 as discussed in the case. (5)

1.2 In terms of statutory framework such as the Children's Act, what is expected of a social worker in terms of section 155 (2) in cases involving the removal of children from their families? (3)

1.3 List two sources of law used by the court. These sources must be accompanied by examples. Ensure that the same source is not repeated twice and further provide a citation with the relevant paragraph number where the source was found.

QUESTION 2

Discuss factors that must be taken into account when determining whether or not a child is in need of care and protection. With reference to the case above, indicate whether the children in this case were in need of care.

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