South Africa's Children's Amendment Bill

REPUBLIC OF SOUTH AFRICA

E IT ENACTED by the Parliament of the Republic of South Africa, as

follows:—

partial care of children; to provide for early childhood development; to make

further provision regarding the protection of children; to provide for prevention

and early intervention services; to provide for children in alternative care; to

provide for foster care; to provide for child and youth care centres and drop-in

centres; to create certain new offences relating to children; and to provide for

matters connected therewith.

B

finitions; to provide for

No. of copies printed .................................... 1 800

GENERAL EXPLANATORY NOTE:

Words underlined with a solid line indicate insertions in

existing enactments.

BILL

To amend the Children’s Act, 2005, so as to insert certain de

ISBN

[B 19B—2006]

INISTER OF SOCIAL DEVELOPMENT)

(M

ıcial text of the Bill)

CHILDREN’S AMENDMENT BILL

(As presented by Select Committee on Social Services (National Council of Provinces))

(The English text is the off

The following long title is substituted for the long title to the Children’s Act, 2005

(hereinafter referred to as the principal Act):

Amendment of long title of Act 38 of 2005

1.

by the insertion after ‘‘75. Regulations’’ of the following:

‘‘

CHAPTER 5

PARTIAL CARE

(a)

The Table of Contents after the long title of the principal Act is hereby amended—

parental responsibilities and rights; to make further provision regarding

children’s courts; to provide for partial care of children; to provide for early

childhood development; to provide for the issuing of contribution orders; to

provide for prevention and early intervention services; to provide for children

in alternative care; to provide for foster care; to provide for child and youth

care centres and drop-in centres; to make new provision for the adoption of

children; to provide for inter-country adoption; to give effect to the Hague

Convention on Inter-country Adoption; to prohibit child abduction and to

give effect to the Hague Convention on International Child Abduction; to

provide for surrogate motherhood; to create certain new offences relating to

children; and to provide for matters connected therewith.’’

Amendment of Table of Contents of Act 38 of 2005

2.

fine

‘‘To give effect to certain rights of children as contained in the Constitution; to

set out principles relating to the care and protection of children; to de

Part 1

Child protection system

‘‘

by the insertion after ‘‘PROTECTION OF CHILDREN’’ of the following:

76. Partial care

77. Strategy concerning partial care

78. Provision of partial care

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79. Norms and standards for partial care

80. Partial care facility to be registered

81. Application for registration and renewal of registration

82. Consideration of application

83. Conditional registration

84. Cancellation of registration

85. Notice of enforcement

86. Appeal against and review of certain decisions

87. Record and inspection of and provision for partial care facility

88. Assignment of functions to municipality

89. Death, abuse or serious injury of child in partial care facility

90. Regulations

CHAPTER 6

EARLY CHILDHOOD DEVELOPMENT

91. Early childhood development

92. Strategy concerning early childhood development

93. Provision of early childhood development programmes

94. Norms and standards for early childhood development

95. Early childhood development programme to be registered

96. Application for registration and renewal of registration

97. Consideration of application

98. Conditional registration

99. Cancellation of registration

100. Notice of enforcement

101. Assessment of early childhood development programmes

102. Assignment of functions to municipality

103. Regulations’’;

(b)

by the insertion after ‘‘134. Access to contraceptives’’ of the following Part:

‘‘

Part 4

Other protective measures

104. Strategy concerning child protection

105. Provision of child protection services

106. Norms and standards concerning child protection

107. Designation of child protection organisation

108. Existing child welfare organisation

109. Withdrawal of designation

110. Reporting of abused or neglected child’’;

(c)

by the insertion after ‘‘142. Regulations’’ of the following:

‘‘

CHAPTER 8

PREVENTION AND EARLY INTERVENTION

135. Applications to terminate or suspend parental responsibilities and rights

136. Child-headed household

137. Unlawful removal or detention of child

138. Unlawful taking or sending of child out of Republic

139. Discipline of child

140. Child safety at place of entertainment

141. Child labour and exploitation of child’’;

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(d)

by the insertion after ‘‘166. Change of residence or work by respondent’’ of

the following:

143. Prevention and early intervention programmes

144. Purposes of prevention and early intervention programmes

145. Strategy for securing prevention and early intervention

146. Provision of prevention and early intervention programmes

147. Norms and standards for prevention and early intervention programmes

148. Court may order early intervention

149. Report to include summary of prevention and early intervention

programmes’’; and

(e)

CHAPTER 11

ALTERNATIVE CARE

‘‘

means care of a child in accordance with section

167;

‘‘ ‘alternative care’

finitions:

de

by the insertion after the definition of ‘‘adoptive parent’’ of the following

(a)

Section 1 of the principal Act is hereby amended—

188. Responsibilities and rights of foster parent

189. Termination of foster care

190. Regulations

CHAPTER 13

CHILD AND YOUTH CARE CENTRES

191. Child and youth care centre

192. Strategy to ensure sufficient provision of child and youth care centres

193. Provision of child and youth care centres

194. Norms and standards for child and youth care centres

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Part 1

Establishment and registration of child and youth care centre

195. Establishment of child and youth care centre by organ of state

196. Existing government children’s home, place of safety, secure care

facility, school of industry and reform school

197. Establishment of child and youth care centre by accredited organisation

198. Existing registered children’s home

199. Notice of enforcement

200. Application for registration or renewal of registration

201. Consideration of application

202. Conditional registration

203. Amendment of registration

204. Cancellation of registration

205. Voluntary closure of child and youth care centre

206. Child in child and youth care centre to be closed

207. Appeal against and review of certain decisions

Part 2

Operation and management of child and youth care centre

208. Management board

209. Manager and staff of child and youth care centre

210. Management system

211. Quality assurance process

Part 3

Miscellaneous

212. Regulations

CHAPTER 14

DROP-IN CENTRES

213. Drop-in centres

214. Strategy concerning drop-in centres

215. Provision of drop-in centres

216. Norms and standards for drop-in centres

217. Drop-in centres to be registered

218. Notice of enforcement

219. Application for registration and renewal of registration

220. Consideration of application

221. Conditional registration

222. Cancellation of registration

223. Appeal against and review of certain decisions

224. Record and inspection of and provision for drop-in centres

225. Assignment of functions to municipality

226. Death, abuse or serious injury of child in drop-in centre

227. Regulations’’.

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Amendment of section 1 of Act 38 of 2005

3.

fication of child with biological parent

167. Alternative care

168. Leave of absence

169. Child in alternative care prohibited from leaving Republic

170. Child absconding from alternative care

171. Transfer of child in alternative care

172. Change in residential care programme

173. Removal of child already in alternative care

174. Provisional transfer from alternative care

175. Discharge from alternative care

176. Remaining in alternative care after reaching age of 18 years

177. Appeal against and review of certain decisions

178. Death, abuse or serious injury of child in alternative care

179. Regulations

CHAPTER 12

FOSTER CARE

180. Foster care

181. Purposes of foster care

182. Initial proceedings

183. Prospective foster parent

184. Determination of placement of child in foster care

185. Number of children to be placed in foster care per household

186. Duration of foster care placements

187. Reuni

a metropolitan or local municipality, means the area for which the

municipality has been established; and

(a)

, in relation to—

‘area’

a district municipality, means those parts of the area for which the

municipality has been established which do not fall within the area

of a local municipality;’’;

(b)

means a facility described in section

191(1);’’;

‘‘ ‘child and youth care centre’

by the insertion after the definition of ‘‘child’’ of the following definition:

(b)

means a household recognised as such in

terms of section 136;’’;

‘‘ ‘child-headed household’

finition:

de

by the insertion after the definition of ‘‘Child Care Act’’ of the following

(c)

means a scheme providing for the

reception of children in foster care in accordance with a foster care

programme operated by—

‘‘ ‘cluster foster care scheme’

finitions:

de

by the insertion after the definition of ‘‘clerk of the court’’ of the following

(d)

a group of individuals, acting as care-givers of the children, and

managed by a provincial department of social development or a

designated child protection organisation;’’;

(b)

a social, religious or other non-governmental organisation; or

(a)

means an organisation

designated in terms of section 107 to perform designated child protection

services;

‘‘ ‘designated child protection organisation’

finitions:

de

by the insertion after the definition of ‘‘Department’’ of the following

(e)

means a child protection service

referred to in section 106;’’;

‘designated child protection service’

means a programme

referred to in section 91(3);

‘early childhood development programme’

means a facility referred to in section 213(2);

‘‘ ‘drop-in centre’

finitions:

de

by the insertion after the definition of ‘‘divorce court’’ of the following

(f)

means services referred to in

section 91(2);

‘early childhood development services’

means a service referred to in section

143(1);’’;

‘early intervention service’

means care of a child as described in section 180(1) and

includes foster care in a cluster foster care scheme;

‘‘ ‘foster care’

finitions:

de

by the insertion after the definition of ‘‘family member’’ of the following

(g)

means a person who has foster care of a child by order of

the children’s court, and includes an active member of an organisation

operating a cluster foster care scheme and who has been assigned

responsibility for the foster care of a child;’’;

‘foster parent’

means a person registered as a midwife under the Nursing

Act, 1978 (Act No. 50 of 1978);’’;

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‘‘ ‘midwife’

finition:

de

by the insertion after the definition of ‘‘mental illness’’ of the following

(h)

means a metropolitan, district or local municipality

established in terms of section 12 of the Local Government: Municipal

Structures Act, 1998 (Act No. 117 of 1998), but to the extent that a

municipality may or must implement a provision of this Act in or in

relation to an area which falls within the area of both a district

municipality and a local municipality, ‘‘municipality’’ in such a

provision means the relevant local municipality;’’;

‘‘ ‘municipality’

by the insertion after the definition of ‘‘Minister’’ of the following definition:

(i)

means a person registered as a nurse under the Nursing Act,

1978 (Act No. 50 of 1978);’’;

‘‘ ‘nurse’

by the insertion after the definition of ‘‘neglect’’ of the following definition:

(j)

means a documented plan referred to in section

157(1);’’;

‘‘ ‘permanency plan’

by the insertion after the definition of ‘‘party’’ of the following definition:

(l)

means partial care referred to in section 76;’’;

‘‘ ‘partial care’

finition:

of the following de

by the insertion after the definition of ‘‘parental responsibilities and rights’’

(k)

means a developmental quality assurance

process in terms of which—

‘‘ ‘quality assurance process’

finition:

de

by the insertion after the definition of ‘‘psychologist’’ of the following

(n)

means services referred to in section 145(2);’’;

‘‘ ‘prevention services’

finition:

de

by the insertion after the definition of ‘‘presiding officer’’ of the following

(m)

a team of people connected to a child and youth care centre makes

an internal assessment of the centre;

(a)

a team of people unconnected to the centre conducts an independent

assessment of the centre;

(b)

an organisational development plan for the centre covering matters

prescribed by regulation is established by agreement between the

teams; and

(c)

the unconnected team appoints a mentor to oversee implementation

of the plan by the management of the centre;’’; and

(d)

means a programme described in

section 191(2) which is or must be offered at a child and youth care

centre;’’; and

‘‘ ‘residential care programme’

finition:

following de

by the insertion after the definition of ‘‘removal of body parts’’ of the

(o)

means the physical containment of children in a safe and

healthy environment conducive to addressing behavioural or emotional

difficulties;’’.

‘‘ ‘secure care’

by the insertion after the definition of ‘‘school’’ of the following definition:

(p)

by a school as part of tuition, training and other activities provided by

the school;

period, by agreement between the parents or care-givers and the provider of

the service, but excludes the taking care of a child—

(a)

The following chapters are hereby inserted in the principal Act after Chapter 4:

‘‘

CHAPTER 5

PARTIAL CARE

Partial care

76.

Partial care is provided when a person, whether for or without

reward, takes care of more than six children on behalf of their parents or

care-givers during speci

fic hours of the day or night, or for a temporary

Insertion of chapters 5 and 6 in Act 38 of 2005

4.

as a boarder in a school hostel or other residential facility managed as

part of a school; or

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(b)

by a hospital or other medical facility as part of the treatment provided

to the child.

(c)

(1) The Minister, after consultation with interested persons and the

Ministers of Finance, of Health and of Education, must include in the

departmental strategy a comprehensive national strategy aimed at ensuring

an appropriate spread of partial care facilities throughout the Republic,

giving due consideration as provided in section 11 to children with

disability or chronic illness.

(2) The MEC must—

Strategy concerning partial care

77.

maintain a record of all the registered partial care facilities in the

province concerned;

(a)

(1) The MEC for social development of a province may, from money

appropriated by the relevant provincial legislature, provide and fund partial

care facilities and services for that province, taking into consideration the

national and provincial strategies contemplated in section 77.

(2) Such partial care facilities—

to make the information available that is necessary for the development and

review of the strategies referred to in subsections (1) and (2).

Provision of partial care

78.

within the national strategy referred to in subsection (1), provide for a

provincial strategy to ensure an appropriate spread of partial care

facilities in the province.

(3) The MEC must compile a provincial pro

file from time to time in order

(b)

(1) The Minister must determine national norms and standards by

regulation after consultation with interested persons, including local

government.

(2) The norms and standards contemplated in subsection (1) must relate

to the following:

subsection (1) if it complies with the prescribed norms and standards

contemplated in section 79.

Norms and standards for partial care

79.

must comply with—

(i) the prescribed norms and standards contemplated in section 79

and such other requirements as may be prescribed;

(ii) the structural safety, health and other requirements of the

municipality of the area where the partial care facility is

situated.

(3) The owner or manager of a partial care facility or provider of a partial

care service only quali

fies for funding appropriated as contemplated in

(b)

must be management and maintained in accordance with this Act; and

(a)

access to disposal of refuse services or other adequate means of

disposal of refuse generated at the facility;

(g)

safe storage of anything that may be harmful to children;

(f)

hygienic and adequate toilet facilities;

(e)

safe drinking water;

(d)

adequate space and ventilation;

(c)

proper care for sick children or children that fall ill;

(b)

A safe environment for the children;

(a)

the drawing up of policies and procedures regarding health care at the

centre.

(3) A partial care facility for children with disability and chronic illness

must, in addition to the norms and standards contemplated in subsection

(1)—

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(j)

the drawing up of action plans for emergencies; and

(j)

measures for the separation of children of different age groups;

(i)

a hygienic area for the preparation of food for the children;

(h)

employ persons that are trained in and provide training to persons

employed at the facility on—

(i) the needs, health and safety of such children; and

(ii) appropriate learning activities and communication strategies

for such children.

(4) A partial care facility may offer such programmes appropriate to the

developmental needs of the children in that facility as may be prescribed.

(c)

provide facilities that meet the needs of such children; and

(b)

be accessible to such children;

(a)

(1) Any person may establish or operate a partial care facility

provided that the facility—

Partial care facility to be registered

80.

is registered with the provincial government of the province where

that facility is situated;

(a)

is managed and maintained in accordance with any conditions subject

to which the facility is registered; and

(b)

(1) An application for registration or conditional registration of a

partial care facility or for the reinstatement or renewal of a registration

must—

subsection takes effect, unless its registration is withdrawn in terms of

section 84 before the expiry of that period.

Application for registration and renewal of registration

81.

five years from the date on which that

facilities operated or managed by a national or provincial state department

responsible for social development need not comply with subsection (1).

(4) As from the date on which this section takes effect an existing place

of care registered or deemed to be registered in terms of the Child Care Act

must be regarded as having been registered in terms of this section as a

partial care facility.

(5) A facility referred to in subsection (4) is regarded to be a registered

partial care facility for a period of

Notwithstanding the provisions of paragraph (a), partial care

provincial state department must comply with subsection (1).

(b)

complies with the prescribed norms and standards contemplated in

section 79 and such other requirements as may be prescribed.

(2) The Minister by regulation may exempt any person or organisation or

any category of person or organisation from the requirement to register on

such conditions as may be prescribed.

(3)

(a) Partial care facilities operated or managed by a national or

(c)

be lodged with the provincial head of social development of the

province where the facility is situated in accordance with a procedure

prescribed by regulation;

(a)

be accompanied by—

(i) a report by a social service professional on the viability of the

application; and

(ii) any documents that may be prescribed by regulation.

(2)An applicant must provide such additional information relevant to the

application as the provincial head of social development may determine.

(3) An application for the renewal of registration or conditional

registration must be made at least 90 days before the registration is due to

expire, but the provincial head of social development may allow a late

application on good cause shown.

(4) The provincial head of social development must renew the

registration of a partial care facility before the expiration thereof if the

application for renewal was lodged at least 90 days before the registration

was due to expire as mentioned in subsection (3).

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(c)

contain the particulars prescribed by regulation; and

(b)

consider an application for registration or conditional registration or

for the renewal of a registration and either reject the application or,

having regard to subsection (2), grant the registration or renewal with

or without conditions;

(a)

(1) The provincial head of social development must—

Consideration of application

82.

the facility complies with the prescribed norms and standards

contemplated in section 79 and such other requirements as may be

prescribed;

registration will remain valid.

(2) When considering an application the provincial head of social

development must take into account all relevant factors, including

whether—

(a)

state in the certificate of registration the period for which the

registration or renewal of registration in the form prescribed by

regulation if the application is granted; and

(c)

issue to the applicant a certificate of registration or conditional

(b)

the applicant has the necessary funds and resources available to

provide the partial care services of the type applied for;

(c)

the applicant is a fit and proper person to operate a partial care facility;

(b)

The registration or renewal of the registration of a partial care facility

may be granted on such conditions as the provincial head of social

development may determine, including conditions—

deciding an application for registration, conditional registration or renewal

of registration.

(5) Notwithstanding the provisions of section 78(3) a provincial head of

social development may assist the owner or manager of a partial care

facility to comply with the prescribed norms and standards contemplated in

section 79 and such other requirements as may be prescribed.

Conditional registration

83.

(c)(i) of a social service professional before

person to operate or assist in operating a partial care facility.

(4) The provincial head of social development must consider the report

contemplated in section 82(1)

each person employed at or engaged in the partial care facility has the

prescribed skills to assist in operating that partial care facility.

(3) A person unsuitable to work with children is not a

fit and proper

and proper person to assist in operating a partial care facility; and

(e)

each person employed at or engaged in the partial care facility is a fit

(d)

specifying the type of partial care that may or must be provided in

terms of the registration;

(a)

(1) The provincial head of social development may cancel the

registration or conditional registration of a partial care facility by written

notice to the registration holder if—

Cancellation of registration

84.

providing for any other matters that may be prescribed by regulation.

(c)

stating the period for which the registration will remain valid; and

(b)

the facility is not maintained in accordance with the prescribed norms

and standards contemplated in section 79 and such other requirements

as may be prescribed;

(a)

any condition subject to which the registration or renewal of

registration was issued is breached or not complied with;

(b)

the registration holder or the management of the facility contravenes

or fails to comply with a provision of this Act;

(c)

suspend the cancellation for a period to allow the registration holder to

correct the cause of the cancellation; and

(a)

(a), (b), (c) or (e)

partial care facility, is employed at or engaged in operating the facility.

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(2) The provincial head of social development may in the case of the

cancellation of a registration in terms of subsection (1)

a person who is not a fit and proper person to assist in operating a

person to operate a partial care facility; or

(e)

the registration holder becomes a person who is not a fit and proper

(d)

reinstate the registration if the registration holder corrects the cause of

the cancellation within that period.

(3) The provincial head of social development may assist a registration

holder to comply with the prescribed norms and standards contemplated in

section 79, any requirements as may be prescribed or any provisions of this

Act where the cancellation was due to non-compliance with those norms

and standards, conditions, requirements or provisions.

(b)

(1)Aprovincial head of social development may by way of a written

notice of enforcement instruct—

Notice of enforcement

85.

maintain a record of all available partial care facilities in the province,

the types of partial care facility and the number of each type of facility;

(a)

(1) A provincial head of social development must—

as referred to in subsection (1) may apply to the competent division of the

High Court to review that decision.

Record and inspection of and provision for partial care facility

87.

(1) An applicant aggrieved by a decision of a provincial head of

social development in terms of section 82 or 83, or a registration holder

aggrieved by a decision of a provincial head of social development in terms

of section 84, may lodge an appeal against that decision with the MEC for

social development.

(2)An applicant that is not satis

fied with the outcome of an appeal lodged

operating the facility during that period and, if that person applies for

registration, until that person’s application has been processed.

(3) The Director-General or the provincial head of social development

may apply to the High Court for an order to instruct a partial care facility,

whether registered or not, to stop operating that facility.

(4) The High Court may grant an order for costs against the owner of

manager of the partial care facility referred to in subsection (3) if so

requested by the Director-General or provincial head of social development.

Appeal against and review of certain decisions

86.

fied period, may, despite the provisions of section 80, continue

speci

a person operating a registered partial care facility otherwise than in

accordance with the provisions of this Act or any conditions subject to

which the registration was issued, to comply with those provisions or

conditions.

(2) A person operating an unregistered partial care facility and who is

instructed in terms of subsection (1)

(a)(ii) to apply for registration within a

(b)

a person operating an unregistered partial care facility—

(i) to stop operating that facility; or

(ii) to apply for registration in terms of section 80 within a period

speci

fied in the notice; or

(a)

conduct regular inspections of partial care facilities in the province to

enforce the provisions of this Act.

(2) Provincial strategies must include strategies for the provision of

partial care facilities in its area, which must include measures—

manner; and

(c)

compile a profile of the children in that province in the prescribed

(b)

facilitating the establishment and operation of sufficient partial care

facilities in the province;

(a)

prioritising those types of partial care facilities most urgently required;

and

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(b)

is subject to any limitations, conditions and directions which the

municipal manager may impose;

that the municipality complies with the prescribed requirements with

regard to the capacity of that municipality to perform the functions

concerned.

(2) The agreement must be in the prescribed form and contain the

prescribed particulars.

(3) The municipal manager referred to in subsection (1) may delegate

any power or duty assigned to him or her in terms of this section to a

designated social worker in the employ of the municipality.

(4) A delegation in terms of subsection (2)—

(a)

(1) The provincial head of social development may, by written

agreement with a municipality, assign the performance of some or all of the

functions contemplated in sections 80, 81, 82, 83, 84, 85 and 87 to the

municipal manager if the provincial head of social development is satis

fied

provision of suitable premises.

Assignment of functions to municipality

88.

liaising with municipalities on facilitating the identification and

(c)

does not divest the municipal manager of the responsibility concerning

the exercise of the power or the performance of the duty.

(5) The municipal manager may—

(c)

must be in writing; and

(b)

If, after the functions contemplated in subsection (1) had been

assigned to a municipality, it appears that a particular municipality no

longer has the capacity to perform some or all of the functions assigned to

it, the provincial head of social development may—

(i) amend the written agreement contemplated in subsection (1); or

(ii) withdraw the assignment of the functions.

(c)

The provincial head of social development may by notice in writing

require the municipal manager or any other person in possession of

information required by the provincial head of social development for

purposes of monitoring the performance of the functions assigned by this

section, to provide such information to the provincial head of social

development within the period speci

fied in the notice.

performance of the functions assigned in terms of this section.

(b)

(a) The provincial head of social development must monitor the

as contemplated in subsection (6) may apply to the competent division of

the High Court to review that decision.

(8)

at any time withdraw a delegation.

(6) An applicant aggrieved by a decision of an official in the employ of a

municipality with regard to an application for registration or renewal of

registration in terms of section 81, the conditions on which registration was

granted in terms of section 82 , conditional registration in terms of section

83 or a registration holder aggrieved by a decision to cancel the registration

of a partial care facility in terms of section 84 may lodge an appeal with the

municipal council against that decision.

(7)An applicant that is not satis

fied with the outcome of an appeal lodged

delegation in terms of this section, subject to any rights that may have

accrued to a person as a result of the decision; and

(b)

confirm, vary or revoke any decision taken in consequence of a

(a)

(1) If a child dies while in partial care or following an occurrence at

a partial care facility, the person operating the partial care facility must

immediately after the child’s death report such death—

Death, abuse or serious injury of child in partial care facility

89.

The Minister may make regulations in terms of section 306

concerning—

natural causes.

(3) If a child is abused or seriously injured while in partial care or

following an occurrence at a partial care facility, the person operating the

partial care facility must immediately report such injury or abuse to the

provincial head of social development, who must cause an investigation

into the circumstances of the abuse or serious injury to be conducted.

Regulations

90.

the parent or guardian of the child.

(2) The police official must cause an investigation into the circumstances

surrounding the death of the child to be conducted by the South African

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Police Service if the police official is satis

fied that the child did not die of

(c)

the provincial head of social development; and

(b)

to a police official;

(a)

the procedure to be followed in connection with the lodging and

consideration of applications for registration in terms of this Chapter,

for the renewal of such registration and for the suspension or

cancellation of registration;

(b)

the norms and standards that partial care facilities must comply with;

(a)

the different types of partial care that may be provided in terms of such

registration;

(c)

the requirements that the different types of partial care facilities have

to comply with;

(e)

the period for which registration is valid;

(d)

the procedure to be followed and the fees to be paid in connection with

the lodging and consideration of appeals in terms of this Chapter; and

(g)

the management of partial care facilities;

(f)

any other matter that may be necessary to facilitate the implementation

of this Chapter.

(h)

(1) Early childhood development, for the purposes of this Act, means

the process of emotional, cognitive, spiritual, moral, physical and social

development of children from birth to school-going age.

(2) Early childhood development services means services—

CHAPTER 6

EARLY CHILDHOOD DEVELOPMENT

Early childhood development

91.

provided by a person, other than a child’s parent or caregiver, on a

regular basis to children up to school-going age.

(3) An early childhood development programme means a programme

structured within an early childhood development service to provide

learning and support appropriate to the child’s developmental age and

stage.

(b)

intended to promote early childhood development; and

(a)

(1) The Minister, after consultation with interested persons, and the

Ministers of Education, of Finance and of Health, must include in the

departmental strategy a comprehensive national strategy aimed at securing

a properly resourced, co-ordinated and managed early childhood development

system, giving due consideration as mentioned in section 11 to

children with disability or chronic illness.

(2) The MEC must—

Strategy concerning early childhood development

92.

maintain a record of all the early childhood development programmes

registered in the province concerned;

(a)

(1) The MEC for social development of a province may, from money

appropriated by the relevant provincial legislature, provide and fund early

childhood development programmes for that province.

(2) Early childhood development programmes must—

to make the information available that is necessary for the development and

review of the strategies referred to in subsections (1) and (2).

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Provision of early childhood development programmes

93.

within the national strategy referred to in subsection (1), provide for a

provincial strategy aimed at a properly resourced, co-ordinated and

managed early childhood development system.

(3) The MEC must compile a provincial pro

file from time to time in order

(b)

a partial care facility providing partial care services for any children up

to school-going age; and

complies with the prescribed norms and standards contemplated in section

79.

(4) The funding of early childhood development programmes in

communities where families lack the means of providing proper shelter,

food and other basic necessities of life to their children must be given

priority.

(5) Early childhood development programmes must be provided by—

(a)

comply with the prescribed norms and standards contemplated in

section 94 and such other requirements as may be prescribed.

(3) The provider of an early childhood development programme only

quali

fies for funding appropriated as contemplated in subsection (1) if it

(b)

be provided in accordance with this Act; and

(a)

(1) The Minister must determine national norms and standards by

regulation after consultation with interested persons, including the Departments

of Education and of Health.

(2) The prescribed norms and standards contemplated in subsection (1)

must relate to the following:

96(3) may provide early childhood development programmes, provided

that those programmes comply with the prescribed norms and standards

contemplated in section 94 and such other requirements as may be

prescribed.

Norms and standards for early childhood development

94.

a child and youth care centre which has in its care any children up to

school-going age.

(6) Any other person or organisation not disquali

fied in terms of section

(b)

caring for children in a constructive manner, providing support and

security;

(c)

programmes aimed at helping children to realise their full potential;

(b)

The provision of appropriate developmental opportunities;

(a)

respect for and nurturing of the culture, spirit, dignity, individuality,

language and development of each child; and

(e)

ensuring development of positive social behaviour;

(d)

meeting the emotional, cognitive, spiritual, moral, physical and social

development needs of the children.

(3) Early childhood development programmes provided in terms of this

section must be appropriate to the needs of the children to whom the

services are provided, including children with disabilities, chronic illness

and other special needs.

(f)

(1) A person operating or managing a partial care facility or a child

and youth care centre where an early childhood development programme is

provided must—

Early childhood development programme to be registered

95.

register the programme with the provincial head of social development

of the province where that programme is provided;

(a)

provide the programme in accordance with any conditions subject to

which the programme is registered; and

(b)

(1) An application for registration or conditional registration of an

early childhood development programme or for the renewal of a registration

must—

development programmes provided by a national or provincial state

department responsible for social development or education need not

comply with subsection (1).

Application for registration and renewal of registration

96.

Notwithstanding the provisions of paragraph (a), early childhood

or provincial state department must comply with subsection (1).

(b)

comply with the prescribed norms and standards contemplated in

section 94 and such other requirements as may be prescribed.

(2) The Minister by regulation may exempt any person or organisation or

any category of person or organisation from the requirement to register on

such conditions as may be prescribed.

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(3)

(a) Early childhood development programmes provided by a national

(c)

be lodged with the provincial head of social development of the

province where the partial care facility or child and youth care centre

is situated in accordance with a procedure prescribed by regulation;

(a)

be accompanied by any documents that may be prescribed by

regulation.

(2)An applicant must provide such additional information relevant to the

application as the provincial head of social development may determine.

(3) An application for the renewal of registration or conditional

registration must be made at least 90 days before the registration is due to

expire, but the provincial head of social development may allow a late

application on good cause shown.

(4) The provincial head of social development must renew the

registration of a partial care facility before the expiration thereof if the

application for renewal was lodged at least 90 days before the registration

was due to expire as contemplated in subsection (3).

(c)

contain the particulars prescribed by regulation; and

(b)

consider an application for registration or conditional registration or

for the renewal of a registration, and either reject the application or,

having regard to subsection (2), grant the registration or renewal with

or without conditions;

(a)

(1) The provincial head of social development must—

Consideration of application

97.

the early childhood development programme complies with the

prescribed norms and standards as contemplated in section 94 and

such other requirements as may be prescribed;

registration will remain valid.

(2) When considering an application, the provincial head of social

development must take into account all relevant factors, including

whether—

(a)

state in the certificate of registration the period for which the

registration or renewal of registration in the form prescribed by

regulation, if the application is granted; and

(c)

issue to the applicant a certificate of registration or conditional

(b)

the applicant has the prescribed skills, funds and resources available to

provide the early childhood development programme as applied for;

and

development services;

(c)

the applicant is a fit and proper person to provide early childhood

(b)

specifying the type of early childhood development programme that

may or must be provided in terms of the registration;

person to provide or assist in the provision of early childhood development

services or programmes.

(4) The provincial head of social development must consider a report of

a social service professional before deciding an application for registration,

conditional registration or renewal of registration.

(5) Notwithstanding the provisions of section 78(3), a provincial head of

social development may assist a partial care facility or a child and youth

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care centre providing early childhood development programmes to comply

with the prescribed norms and standards contemplated in section 94 and

such other requirements as may be prescribed.

Conditional registration

98. The registration or renewal of the registration of an early childhood

development programme may be granted on such conditions as the

provincial head of social development may determine, including conditions—

(a)

the early childhood development programme meets the emotional,

cognitive, spiritual, moral, physical and social development needs of

the children in that partial care facility or child and youth care centre.

(3) A person unsuitable to work with children is not a

fit and proper

(d)

(1) A provincial head of social development may cancel the

registration or conditional registration of an early childhood development

programme by written notice to the registration holder if—

Cancellation of registration

99.

providing for any other matters that may be prescribed by regulation.

(c)

stating the period for which the registration will remain valid; and

(b)

the programme is not run in accordance with the prescribed norms and

standards contemplated in section 94 and such other requirements as

may be prescribed;

(a)

any condition subject to which the registration or renewal of

registration was issued is breached or not complied with;

(b)

the registration holder contravenes or fails to comply with a provision

of this Act;

(c)

suspend the cancellation for a period to allow the registration holder to

correct the cause of the cancellation; and

(a)

(a), (b), (c) or (e)

provision of early childhood development programmes provides or

assists in the provision of such programmes.

(2) The provincial head of social development may in the case of the

cancellation of a registration in terms of subsection (1)

a person who is not a fit and proper person to provide or assist in the

person to provide early childhood development programmes; or

(e)

the registration holder becomes a person who is not a fit and proper

(d)

reinstate the registration if the registration holder corrects the cause of

the cancellation within that period.

(3) A provincial head of social development may assist a registration

holder to comply with the prescribed norms and standards contemplated in

section 94 and such other requirements as may be prescribed or any

provisions of this Act where the cancellation was due to non-compliance

with those norms and standards, requirements, conditions or provisions.

(4) The cancellation of the registration or conditional registration of an

early childhood development programme in terms of subsection (1) does

not affect the registration or conditional registration of a partial care facility

or a child and youth care centre.

(b)

A provincial head of social development may by way of a written

notice of enforcement instruct—

Notice of enforcement

100.

is subject to any limitations, conditions and directions which the

municipal manager may impose;

that the municipality complies with the prescribed requirements with

regard to the capacity of that municipality to perform the functions

concerned.

(2) The agreement must be in the prescribed form and contain the

prescribed particulars.

(3) The municipal manager referred to in subsection (1) may delegate

any power or duty assigned to him or her in terms of this section to a

designated social worker in the employ of the municipality.

(4) A delegation in terms of subsection (2)—

(a)

(1) The provincial head of social development may, by written

agreement with a municipality, assign the performance of some or all of the

functions contemplated in sections 95, 96, 97, 98, 99, 100 and 101 to the

municipal manager if the provincial head of social development is satis

fied

programme complies with the prescribed norms and standards contemplated

in section 94 and such other requirements as may be prescribed.

(2) Section 304(2) and (3), read with such changes as the context may

require, applies to any assessment in terms of subsection (1) of this section.

Assignment of functions to municipality

102.

, in order to determine whether the

childhood development programmes

(1) A provincial head of social development must authorise a

suitably quali

fied person to assess the provision and content of early

Assessment of early childhood development programmes

101.

fied in the notice.

(i) to stop the provision of that programme; or

(ii) to comply with those norms and standards and other requirements

within a period speci

a person who provides an early childhood development programme

which does not comply with the prescribed norms and standards

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contemplated in section 94 and such other requirements as may be

prescribed

]

notice; or

(c)

the person operating or managing a partial care facility or a child and

youth care centre which does provide early childhood development

programmes but of a standard that does not comply with the prescribed

norms and standards contemplated in section 94 and such other

requirements as may be prescribed, to comply with those norms and

standards and other requirements within a period speci

fied in the

(b)

the person operating or managing a partial care facility or a child and

youth care centre which does not provide an early childhood

development programme, to comply with that section within a period

speci

fied in the notice;

(a)

does not divest the municipal manager of the responsibility concerning

the exercise of the power or the performance of the duty.

(5) The municipal manager may—

(c)

must be in writing; and

(b)

If, after the functions contemplated in subsection (1) had been

assigned to a municipality, it appears that a particular municipality no

longer has the capacity to perform some or all of the functions assigned to

it, the provincial head of social development may—

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(i) amend the written agreement contemplated in subsection (1);

or

(ii) withdraw the assignment of the functions.

(c)

The provincial head of social development may by notice in writing

require the municipal manager or any other person in possession of

information required by the provincial head of social development for

purposes of monitoring the performance of the functions assigned by this

section, to provide such information to the provincial head of social

development within the period speci

fied in the notice.

performance of the functions assigned in terms of this section.

(b)

(a) The provincial head of social development must monitor the

as contemplated in subsection (6), may apply to the competent division of

the High Court to review that decision.

(8)

at any time withdraw a delegation.

(6) An applicant aggrieved by a decision of an official in the employ of a

municipality with regard to an application for registration or renewal of

registration in terms of section 96, the conditions on which registration was

granted in terms of section 97, conditional registration in terms of section

98 or a registration holder aggrieved by a decision to cancel the registration

of a partial care facility in terms of section 99 may lodge an appeal with the

municipal council against that decision.

(7)An applicant that is not satis

fied with the outcome of an appeal lodged

delegation in terms of this section, subject to any rights that may have

accrued to a person as a result of the decision; and

(b)

confirm, vary or revoke any decision taken in consequence of a

(a)

The Minister may make regulations in terms of section 306

concerning—

Regulations

103.

the norms and standards that early childhood development

programmes must comply with;

(a)

any other requirements with which early childhood development

programmes must comply;

(b)

the procedure to be followed in connection with the lodging and

consideration of applications for registration in terms of this Chapter

and for the renewal of such registrations;

(c)

the assessment and compulsory monitoring of early childhood

development programmes offered at partial care facilities and child

and youth care centres; and

(d)

any other matter necessary to facilitate the implementation of this

Chapter.’’.

(d)

by the insertion before Part 2 of the following Part:

‘‘

Part 1

Child protection system

(a)

Chapter 7 of the principal Act is hereby amended—

Amendment of chapter 7 of Act 38 of 2005

5.

(1) The MEC for social development of a province must, from

money appropriated by the relevant provincial legislature, provide and fund

child protection services for that province.

(2) Such child protection services—

to make the information available that is necessary for the development and

review of the strategies referred to in subsections (1) and (2).

Provision of child protection services

105.

(1) The Minister, after consultation with interested persons,

including the Ministers of Education, of Finance, of Health, of Justice and

Constitutional Development and the South African Police Service, must

develop a comprehensive inter-sectoral strategy aimed at securing a

properly resourced, co-ordinated and managed national child protection

system.

(2) The MEC must within the national strategy referred to in subsection

(1), provide for a provincial strategy aimed at a properly resourced,

co-ordinated and managed child protection system.

(3) The MEC must compile a provincial pro

file from time to time in order

Strategy concerning child protection

104.

must comply with the prescribed norms and standards contemplated in

section 106 and such other requirements as may be prescribed.

(3) Designated child protection services provided by an organ of state or

a designated child protection organisation only qualify for funding from

money appropriated by a provincial legislature if it complies with the norms

and standards mentioned in section 106.

(4) Designated child protection services may be provided by—

(b)

must be management and maintained in accordance with this Act; and

(a)

a provincial department responsible for social development in a

province; and

(b)

the Department;

(a)

a designated child protection organisation.

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(5) Designated child protection services include—

(c)

services aimed at supporting—

(i) the proceedings of children’s courts; and

(ii) the implementation of court orders;

(a)

the carrying out of investigations and the making of assessments, in

cases of suspected abuse, neglect or abandonment of children;

families;

(iv) the integration of children into alternative care arrangements;

(v) the placement of children in alternative care; and

(vi) the adoption of children, including inter-country adoptions;

(c)

services relating to—

(i) prevention services;

(ii) early intervention services;

(iii) the reuni

fication of children in alternative care with their

(b)

the drawing up of individual development plans and permanency

plans for children removed, or at risk of being removed, from their

family; and

(e)

intervention and removal of children in appropriate cases;

(d)

(1) The Minister must determine national norms and standards by

regulation after consultation with interested persons.

(2) The norms and standards contemplated in subsection (1) must relate

to the following:

Norms and standard concerning child protection

106.

any other social work service that may be prescribed by regulation.]

(f)

may be made on such conditions as the Director-General or provincial

head may determine; and

(b)

must be in writing;

protection services.

(2) A designation in terms of subsection (1)—

(a)

(1) The Director-General or provincial head of social development

on written application may designate any appropriate organisation that

complies with the prescribed criteria as a child protection organisation to

perform in the relevant province all or any speci

fic designated child

appropriated by a provincial legislature if it complies with the prescribed

norms and standards contemplated in subseas determined by the Minister

by regulation.

Designation of child protection organisation

107.

social security.

(3) Child protection services only quali

fies for funding from money

(p)

preparation programmes; and

(o)

support groups;

(n)

outreach;

(m)

education and information;

(l)

development;

(k)

permanency plans;

(j)

adoption;

(i)

integration into alternative care;

(h)

family preservation;

(g)

foster care supervision;

(f)

family reunification and reintegration;

(e)

after care;

(d)

therapeutic programmes;

(c)

assessment;

(b)

Prevention and early intervention programmes;

(a)

must be made for such period as may be prescribed.

(3) The Director-General or provincial head for social development may

delegate to a designated child protection organisation such powers and

duties in terms of this Act as may be necessary for the proper provision of

designated child protection services by the organisation.

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(4) Sections 303 and 304, read with such changes as the context may

require, apply to any delegation in terms of subsection (1).

(c)

if the organisation—

(i) breaches or fails to comply with any conditions subject to

which the designation was made;

(ii) contravenes or fails to comply with a provision of this Act; or

(a)

(1) The Director-General or provincial head for social development

may withdraw the designation of a child protection organisation to perform

any, or any speci

fic, designated child protection service—

Withdrawal of designation

109.

[110] before the expiry of that period.

date on which section 107 takes effect, unless its designation is withdrawn

in terms of section 109

(1) Any organisation which, when section 107 takes effect, was a

designated welfare organisation within the meaning of the Child Care Act

must be regarded as having been designated in terms of section 107 as a

child protection organisation to perform the designated child protection

services which it performed immediately before that section took effect.

(2) An organisation referred to in subsection (1) is regarded to be a

designated child protection organisation for a period of

five years from the

Existing child welfare organisation

108.

if it is in the best interest of the protection of children.

(2) Before the designation of a child protection organisation is

withdrawn as contemplated in subsection (1), the Director-General or

provincial head for social development, as the case may be, must conduct

quality assurance in the prescribed manner of the child protection

organisation concerned.

(b)

(1) Any correctional official, dentist, homeopath; labour inspector,

legal practitioner, medical practitioner, midwife, minister of religion, nurse,

occupational therapist, police official, physiotherapist, psychologist, religious

leader, social service professional, social worker, speech therapist,

teacher, traditional health practitioner, traditional leader or member of staff

or volunteer worker at a partial care facility, shelter, drop-in centre or child

and youth care centre who on reasonable grounds concludes that a child has

been abused in a manner causing physical injury, sexually abused or

deliberately neglected, if it is in the best interest of the child concerned,

must report that conclusion to a designated child protection organisation or

the provincial department of social development.

(2)Any person who on reasonable grounds believes that a child is in need

of care and protection because of abuse, sexual abuse or deliberate neglect,

may report that belief to the provincial department of social development,

a designated child protection organisation or a police official.

(3) A person referred to in subsection (1) or (2)—

Reporting of child in need of care and protection

110.

must substantiate that conclusion or belief to the provincial department

of social development, a designated child protection organisation

or police official;

(a)

who makes a report in good faith is not liable to civil action on the

basis of the report.

(4) A police official to whom a report has been made in terms of

subsection (2) must—

(b)

within 24 hours ensure the safety and well-being of the child

concerned if the child’s safety or well-being is at risk; and

(a)

notify the provincial department of social development or a designated

child protection organisation of the report and any steps that have been

taken with regard to the child.

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(5) The provincial department of social development or designated child

protection organisation to whom a report has been made in terms of

subsection (1), (2) or (4), must—

(b)

ensure the safety and well-being of the child concerned, if the child’s

safety or well-being is at risk;

(a)

submit such particulars concerning the matter as may be prescribed by

regulation to the Director-General for inclusion in Part A of the

National Child Protection Register;

(c)

make an initial assessment of the report;

(b)

unless the report is frivolous or obviously unfounded, investigate the

truthfulness of the report or cause it to be investigated; and

(c)

if the report is substantiated by such investigation, without delay

initiate proceedings in terms of this Act for the protection of the child.

(7) The provincial department of social development or designated child

protection organisation who has conducted an investigation as contemplated

in subsection (5) may—

(d)

deal with the child in the manner contemplated in sections 151, 152 or

155.’’;

be removed from his or her home or place where he or she resides, but

that the removal of the alleged offender from such home or place

would secure the safety and well-being of the child, request a police

official in the prescribed manner to take the steps referred to in section

153; or

(c)

if he or she is satisfied that it is in the best interest of the child not to

(b)

fied person or organisation;

another suitably quali

take measures to assist the child, including counselling, mediation,

prevention and early intervention services, family reconstruction and

rehabilitation, behaviour modi

fication, problem solving and referral to

(a)

by the insertion after section 134 of the following Part:

‘‘

Part 4

Other protective measures

(b)

(1) The Director-General, a provincial head of social development

or a designated child protection organisation may apply to a High Court, or

a divorce court in divorce matters or a children’s court for an order—

Applications to terminate or suspend parental responsibilities and

rights

135.

restricting or circumscribing the exercise by that person of any or all of

the parental responsibilities and rights that person has in respect of a

child.

(2) An application in terms of subsection (1) may be brought without the

consent of a parent or care-giver of the child if the child, at the time of the

application—

respect of a child; or

(b)

suspending for a period, terminating or transferring any or all of the

parental responsibilities and rights which a speci

fic person has in

(a)

is older than seven years, and has been in alternative care for more

than two years;

(a)

is older than three years but not older than seven years, and has been

in alternative care for more than one year; or

(b)

is three years or younger, and has been in alternative care for more

than six months.

(3) When considering an application the court must be—

(c)

guided by the principles set out in Chapters 2 and 3 to the extent that

those principles are applicable to the matter before it; and

(a)

take into account all relevant factors, including—

(i) the need for the child to be permanently settled, preferably in a

family environment, taking into consideration the age and

stage of development of the child;

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(ii) the success or otherwise of any attempts that have been made

to reunite the child with the person whose parental responsibilities

and rights are challenged;

(iii) the relationship between the child and that person;

(iv) the degree of commitment that that person has shown towards

the child;

(v) whether there had been any contact between the parent and the

child over the year preceding the application; and

(v) the probabilities of arranging for the child to be adopted or

placed in another form of alternative care.

(4) Section 29, read with such changes as the context may require,

applies in respect of any proceedings in terms of this section.

(b)

(1) A provincial head of social development may recognise a

household as a child-headed household if—

Child-headed household

136.

no adult family member is available to provide care for the children in

the household;

(b)

the parent or care-giver of the household is terminally ill or has died;

(a)

a child over the age of 15 years has assumed the role of care-giver in

respect of the children in the household;

(c)

the children in the household have been investigated by a social

worker as contemplated in section 150(2); and

(d)

it is in the best interest of the children in the household.

(2) A child-headed household must function under the general supervision

of an adult designated by—

(e)

an organ of state or a non-governmental organisation determined by

the provincial head of social development.

(3) The supervising adult must—

(b)

a children’s court; or

(a)

An organ of state or non-governmental organisation is accountable to

the provincial department of social development or the children’s court for

the administration of any money received on behalf of the household.

(6) The adult referred to in subsection (2) and the organ of state or

non-governmental organisation referred to in subsection (3) may not take

any decisions concerning such household and the children in the household

without consulting—

in subsection (2) may collect and administer for the child-headed

household any social security grant or other grant or assistance to which the

household is entitled.

(b)

(a) The organ of state or non-governmental organisation contemplated

manner to the organ of state or the non-governmental organisation that

designated him or her to supervise the household.

(5)

An adult that collects and administers money for a child-headed

household as contemplated in paragraph

(a) is accountable in the prescribed

in subsection (2) may collect and administer for the child-headed household

any social security grant or other assistance to which the household is

entitled.

(b)

may not supervise more than 12 children in child-headed households.

(4)

(a) The child at the head of the household or the adult contemplated

(b)

perform the duties as prescribed in relation to the household;

(a)

given the age, maturity and stage of development of the other children,

also those other children.

(7) The child heading the household may take all day-to-day decisions

relating to the household and the children in the household as if that child

was an adult care-giver.

(8) A child-headed household may not be excluded from any grant,

subsidy, aid, relief or other assistance or programmes for poor households

and vulnerable children provided by an organ of state in the national,

provincial or local sphere of government solely by reason of the fact that the

household is headed by a child.

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(b)

the child at the head of the household; and

(a)

(1) No person may without lawful authority or reasonable

grounds—

Unlawful removal or detention of child

137.

remove a child from the care of a person who lawfully cares for the

child; or

(a)

detain a child with the result that the child is kept out of the care of a

person entitled to lawful care of the child.

(2) For the purposes of subsection (1) a person must be regarded as

detaining a child if that person—

(b)

in contravention of an order of a court prohibiting the removal of the

child from the Republic; or

(a)

(1) No person may take or send a child out of the Republic—

Unlawful taking or sending of child out of Republic

138.

induces the child to remain with him or her or any other person.

(b)

causes the child to be detained; or

(a)

without consent—

(i) obtained in terms of section 30(5) from persons holding

relevant parental responsibilities and rights in respect of that

child;

(ii) obtained in terms of section 169 with regard to a child in

alternative care; or

(ii) of a court.

(2) For the purposes of subsection (1) a person must be regarded as—

(b)

taking a child out of the Republic if that person—

(i) causes the child to be taken, or in any way assists in taking the

child, out of the Republic; or

(ii) causes or induces the child to accompany or to join him or her

or any other person when departing from the Republic; or

(a)

sending a child out of the Republic if that person causes the child to be

sent, or in any way assists in sending the child, out of the Republic.

(b)

education and awareness-raising programmes concerning the effect of

subsections (1), (2), (3) and (4) are implemented throughout the

Republic; and

child and youth care centre, partial care facility or shelter or drop-in centre.

(5) The Department must take all reasonable steps to ensure that—

(a)

[any]

(2) No child may be subjected to corporal punishment or be punished in

a cruel, inhuman or degrading way.

(3) The common law defence of reasonable chastisement available to

persons referred to in subsection (1) in any court proceeding is hereby

abolished.

(4) No person may administer corporal punishment to a child or subject

a child to any form of cruel, inhuman or degrading punishment at a

(1) A person who has care of a child, including a person who has

parental responsibilities and rights in respect of the child, must respect,

promote and protect the child’s right to physical and psychological integrity

as conferred by section 12(1)

(c), (d) and (e) of the Constitution.

Discipline of children

139.

programmes promoting appropriate discipline are available throughout

the Republic.

(6) A parent, care-giver or any person holding parental responsibilities

and rights in respect of a child who is reported for subjecting such child to

inappropriate forms of punishment must be referred to an early intervention

service as contemplated in section 144.

(7) Prosecution of a parent or person holding parental responsibilities

and rights referred to in subsection (6) may be instituted if the punishment

constitutes abuse of the child.

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(b)

(1)Aperson providing entertainment to children in any premises or

enclosure must comply with subsection (2) if—

Child safety at place of entertainment

140.

access to the premises or enclosure where the entertainment is

provided requires the use of doors, stairs, escalators, lifts or other

mechanical means;

(a)

the majority of the people attending the entertainment are children;

and

(b)

determine the number of people, including children, who can safely be

accommodated in the premises or enclosure and each part of the

premises or enclosure;

(a)

the number of people, including children, who attend the entertainment

exceeds 50.

(2) A person providing entertainment to children in the circumstances

speci

fied in subsection (1) must—

(c)

control the movement of people admitted to the premises or enclosure,

or any part of the premises or enclosure, while entering or leaving the

premises or enclosure or that part of the premises or enclosure; and

that part of the premises or enclosure;

(c)

station a sufficient number of adult attendants to prevent more people,

including children, being admitted to the premises or enclosure, or any

part of the premises or enclosure, than the number of people

determined in terms of paragraph

(a) for the premises or enclosure or

(b)

employ a child contrary to the provisions of the Basic Conditions of

Employment Act, 1997 (Act No. 75 of 1997);

(a)

(1) No person may—

subsection.

Child labour and exploitation of children

141.

Section 297(2) and (3), read with such changes as the context may

require, applies to any inspection in terms of paragraph

(a) of this

enclosure is situated where entertainment described in subsection (1) is or

is to be provided, or on reasonable suspicion is or is to be provided, may

enter such enclosure in order to inspect whether subsections (2) or (3) are

complied with.

(b)

take all reasonable precautions for the safety of the children and other

people attending the entertainment.

(3) No alcohol or tobacco products may be sold, served or made available

to children at places of entertainment.

(4) If the person providing the entertainment is not the owner of the

premises or enclosure where the entertainment is provided, the owner or the

owner’s agent must take all reasonable steps to ensure that subsections (2)

and (3) are complied with.

(5)

(a)Aperson authorised by a municipality in whose area a premises or

(d)

use, procure, offer or employ a child for purposes of commercial

sexual exploitation;

(b)

use, procure, offer or employ a child for illicit activities, including

drug production and trafficking; or

(c)

use, procure, offer or employ a child for child labour;

(2)Asocial worker or social service professional who becomes aware of

instances of child labour or contraventions of the provisions of the Basic

Conditions of Employment Act, 1997 must report it to the Department of

Labour.’’.

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(d)

prescribing norms and standards and codes of good practice to guide

designated child protection organisations, organs of state and social workers

involved in the provision of designated child protection services;

child protection organisations;

(b)

(a) prescribing criteria for determining organisations which may be designated as

‘‘

Section 142 of the principal Act is hereby amended by the insertion in subsection

(1) before paragraph

(g) of the following paragraphs:

Amendment of section 142 of Act 38 of 2005

6.

prescribing a broad risk assessment framework to guide decision-making in

the provision of designated child protection services;

(c)

prescribing—

(i) criteria for determining suitable persons who may conduct investigations

into cases of alleged child abuse or neglect; and

(ii) the powers and responsibilities of persons contemplated in subparagraph

(i);

(d)

prescribing the conditions for the examination or assessment of children who

have been abused or neglected, including the consent of the child for any such

examination or assessment given the age and maturity of the child;

(e)

prohibiting or regulating cultural and religious practices violating the physical

integrity of children;’’.

(f)

provided to families with children in order to strengthen and build

their capacity and self-reliance to address problems that may or are

bound to occur in the family environment which, if not attended to,

may lead to statutory intervention.

(b)

designed to serve the purposes mentioned in section 144; and

vulnerable to or at risk of harm or removal into alternative care;

(2) Prevention programmes means programmes—

(a)

provided to families where there are children identified as being

(b)

designed to serve the purposes mentioned in section 144; and

(a)

The following chapter is hereby inserted in the principal Act after Chapter 7:

‘‘

CHAPTER 8

PREVENTION AND EARLY INTERVENTION

Prevention and early intervention programmes

143.

(1) Early intervention programmes means programmes—

Insertion of chapter 8 in Act 38 of 2005

7.

developing appropriate parenting skills and the capacity of parents and

care-givers to safeguard the well-being and best interests of their

children;

(b)

Preserving a child’s family structure;

(a)

(1) Prevention and early intervention programmes must focus on:

Purposes of prevention and early intervention programmes

144.

promoting the well-being of children and the realisation of their full

potential;

(d)

establishing appropriate interpersonal relationships within the family;

(c)

providing psychological, rehabilitation and therapeutic programmes

for children;

(e)

preventing the neglect, abuse or inadequate supervision of children

and preventing other failures in the family environment to meet

children’s needs;

(f)

preventing the recurrence of problems in the family environment that

may harm children or adversely affect their development;

(g)

diverting children away from the child and youth care system and the

criminal justice system; and

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(h)

avoiding the removal of a child from the family environment.

(2) Prevention and early intervention programmes may include—

(i)

empowering families to obtain such necessities for themselves.

(3) Prevention and early intervention programmes must involve and

promote the participation of families, parents, care-givers and children in

identifying and seeking solutions to their problems.

(b)

assisting families to obtain the basic necessities of life;

(a)

(1) The MEC for social development of a province may, from

money appropriated by the relevant provincial legislature, provide and fund

prevention and early intervention programmes for that province.

(2) Prevention and early intervention programmes must—

to make the information available that is necessary for the development and

review of the strategies referred to in subsections (1) and (2).

Provision of prevention and early intervention services

146.

(1) The Minister, after consultation with the relevant interested

persons, including the Ministers of Education, of Finance and of Health,

must include in the departmental strategy a comprehensive national

strategy aimed at securing the provision of prevention and early intervention

services to families, parents, care-givers and children across the

country.

(2) The MEC must within the national strategy referred to in subsection

(1) provide for a provincial strategy aimed at properly resourced,

co-ordinated and managed prevention and early intervention.

(3) The MEC must compile a provincial pro

file from time to time in order

Strategy for securing prevention and early intervention

145.

(1) The Minister must determine national norms and standards by

regulation after consultation with interested persons, including the Departments

of Education and of Health.

(2) The norms and standards contemplated in subsection (1) must relate

to the following:

programmes comply with the prescribed norms and standards mentioned in

section 147.

(4) In implementing prevention and early intervention programmes

families who lack the means of providing proper shelter, food and other

basic necessities of life to their children must be given priority.

Norms and standards for prevention and early intervention

programmes

147.

comply with the norms and standards prescribed by the Minister.

(3) The provider of prevention and early intervention programmes only

quali

fies for funding appropriated as contemplated in subsection (1) if the

(b)

be provided in accordance with this Act; and

(a)

empowerment.

(3) Prevention and early intervention programmes only qualify for

funding from money appropriated by a provincial legislature if it complies

with the norms and standards as determined by the Minister by regulation.

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(l)

family participation; and

(k)

social security;

(j)

assessment;

(i)

temporary safe care;

(h)

protection;

(g)

diversion programmes;

(f)

skills development programmes;

(e)

family preservation;

(d)

therapeutic programmes;

(c)

education, information and promotion;

(b)

Outreach;

(a)

(1) Before making an order concerning the temporary or permanent

removal of a child from that child’s family environment, a children’s court

may order—

Court may order early intervention

148.

the provincial department of social development, a designated child

protection organisation, any other relevant organ of state or any other

person or organisation to provide early intervention programmes in

respect of the child and the family or parent or care-giver of the child

if the court considers the provision of such programmes appropriate in

the circumstances;

(a)

When a report of a designated social worker is produced before a

court in order to assist a court in determining a matter concerning a child,

the report must contain a summary of any prevention and early intervention

programmes provided in respect of that child and the family, parent or

care-giver of the child.’’.

(5) Subsection (1) does not apply where the safety or well-being of the

child is seriously and imminently at risk.

Report to include summary of prevention and early intervention

programmes

149.

order the continuation of the early intervention programme for a

further speci

fied period not exceeding six months.

(b)

decide the question whether the child should be removed; or

designated social worker’s report setting out progress with early intervention

programmes provided to the child and the family, parent or care-giver

of the child, must be submitted to the court.

(4) After considering the report, the court may—

(a)

fied period, a

period not exceeding six months.

(3) When a case resumes after the expiry of the speci

the child’s family and the child to participate in a prescribed family

preservation programme.

(2) An order made in terms of subsection (1) must be for a speci

fied

(b)

in the care of a child and youth care centre following an order of a

court in terms of this Act or the Criminal Procedure Act, 1977 (Act No.

51 of 1977); or

(b)

in foster care;

(a)

The following chapters are hereby inserted in the principal Act after Chapter 10:

‘‘

CHAPTER 11

ALTERNATIVE CARE

Alternative care

167.

(1) A child is in alternative care if the child has been placed—

that household subject to section 136;’’.

Insertion of chapters 11, 12, 13 and 14 in Act 38 of 2005

9.

(f) if the child lives in a child-headed household, that the child must remain in

‘‘

Section 156 of the principal Act is hereby amended by the insertion in subsection

(1) after paragraph

(e) of the following paragraph:

Amendment of section 156 of Act 38 of 2005

8.

A person, facility, place or premises for temporary safe care must

comply with the prescribed criteria.

place or premises for temporary safe care in the prescribed manner.

(b)

in temporary safe care.

(2) A child may not be cared for, kept or retained at a facility or a place

other than a registered child and youth care centre or in foster care for

longer than the prescribed period without a court order placing the child in

alternative care.

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(3)

(a) The head of social development must approve a person, facility,

(c)

(1) Leave of absence may, subject to subsection (2) and such

limitations and conditions as may be prescribed by regulation, be granted to

a child in alternative care—

Leave of absence

168.

by the management of a child and youth care centre in whose care the

child has been placed;

(a)

by the head of social development in the relevant province, in the case

of a child in temporary safe care.

(2) If a child has been placed in alternative care under the supervision of

a designated social worker, leave of absence may only be granted with the

approval of that social worker.

(3) The management, person referred to in subsection (1), designated

social worker or the head of social development in the province may at any

time cancel any leave of absence granted in terms of subsection (1).

(4) In the case of foster care, the supervising designated social worker

may at any time cancel any leave of absence granted in terms of subsection

(1).

(5) When a child’s leave of absence has been cancelled, the management,

person referred to in subsection (1), designated social worker or the head of

social development must request the child to return to the child and youth

care centre or person, or to the place where the child is in temporary safe

care.

(c)

by the person in whose alternative care the child has been placed; and

(b)

(1) Any police official or designated social worker may apprehend a

child in alternative care who—

obtained.

(2) In granting approval in terms on subsection (1), the provincial head of

social development may prescribe any terms and conditions to protect the

best interest of the child in alternative care.

Child absconding from alternative care

170.

(1) A child in alternative care may not leave the Republic without

the written approval of the provincial head of social development

first being

Child in alternative care prohibited from leaving Republic

169.

has absconded from the child and youth care centre or person in whose

foster care or temporary safe care that child has been placed; or

(a)

must without delay be brought before a presiding officer of a children’s

court; and

purpose for which he or she seeks to enter such premises.

(4) On apprehending a child in alternative care who has absconded or

failed to return in terms of subsection (1), the police official must ensure the

safety and well-being of the child concerned, if the child’s safety or

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well-being is at risk, and notify the provincial department of social

development or a designated child protection organisation of the fact the

child has been apprehended and of any steps that have been taken with

regard to the child.

(5) A child so apprehended or a child who returns, of his or her own

accord, to the centre or person in whose alternative care he or she was

before absconding—

(a)

has been granted leave of absence by the child and youth care centre or

person in whose foster care or temporary safe care that child has been

placed and who on cancellation or expiration of such leave of absence

fails to return to that centre or person.

(2) If a police official or designated social worker contemplated in

subsection (1) has reasonable grounds to believe that a child is in or on

certain premises, the police official or designated social worker may,

without a warrant, enter and search the premises for the purpose of

apprehending the child.

(3) A police official referred to in subsection (1) may use such force as

may be reasonably necessary to overcome any resistance against the entry

or search of the premises as contemplated in subsection (1), including the

breaking of any door or window of such premises: Provided that the police

official shall

first audibly demand admission to the premises and notify the

(b)

may, until brought before a presiding officer of a children’s court, be

kept in temporary safe care in terms of section 152.

(6) When the child is brought before a presiding officer of a children’s

court, the presiding officer must—

(b)

order that the child be put in the temporary safe care of a child and

youth care centre or appropriate facility or person determined by the

presiding officer and kept there until the proceedings in terms of this

section are completed and any order made or action taken in terms of

this section is given effect to;

(a)

inquire into the reasons why the child absconded from, or failed to

return to, the relevant child and youth care centre or person, and may

for this purpose question the child; and

(b)

order that the child—

(i) be returned to that centre or person;

(ii) may not be returned to that centre or person pending any action

by the provincial head of social development in the relevant

province in terms of subsection (8), if the presiding officer is of

the opinion that there are good reasons why the child should

not be returned to that centre or person; or

(iii) be placed in another form of alternative care.

(7) The presiding officer of the children’s court must order the clerk of

the children’s court to—

(c)

report to the provincial head of social development in the relevant

province the result of an inquiry in terms of subsection (6); and

(a)

order that the child be returned to the child and youth care centre or

person in whose care or temporary safe care that child has been placed.

(d)

discharge the child from alternative care in terms of section 175; or

(c)

remove the child from alternative care in terms of section 173;

(b)

transfer the child in terms of section 171;

provincial head may, after consideration of the report of the children’s court

and such inquiry as the provincial head may consider necessary—

(a)

.

(8) When an order has been made in terms of subsection (6)

(c)(ii) the

(c)

notify the provincial head of any order made in terms of subsection (6)

(b)

(1) The provincial head of social development in the relevant

province may, subject to subsection (5), by order in writing transfer a child

in alternative care from the child and youth care centre or person in whose

care or temporary safe care that child has been placed to any other child and

youth care centre or person.

(2) The provincial head may not transfer a child to a child and youth care

centre in another province without the permission of the provincial head of

social development in that other province and without the prescribed

Transfer of child in alternative care

171.

the child and youth care centre or person in whose care or temporary

safe care that child has been placed; and

(c)

the parent or primary care-giver of the child, if available;

(b)

the child;

complied with, the designated social worker concerned may bring the child

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before a children’s court, which may, after an inquiry, vary the order issued

by the provincial head or make a new order in terms of section 156.

(4) Before the provincial head issues an order in terms of subsection (1),

a designated social worker must consult—

(a)

If any requirement referred to in paragraph (a) is breached or not

to the care of the child’s parent, guardian or former care-giver under the

supervision of a designated social worker, the order must specify the

requirements with which the child and that parent, guardian or former

care-giver must comply.

(b)

nancial arrangements regarding the placement being made.

(3)

(a) If the provincial head transfers a child in terms of subsection (1)

fi

from the care of a child and youth care centre to a secure care or more

restrictive child and youth care centre.

(b)

from the care of a person to a child and youth care centre; or

(a)

fication by a children’s court if the child is transferred—

not be prejudicial to other children.

(6) No order in terms of subsection (1) may be carried out without

rati

the child and youth care centre or person to whom the child is to be

transferred.

(5) If the provincial head transfers a child from a secure care child and

youth care centre to a less restrictive child and youth care centre or to the

care of a person, the provincial head must be satis

fied that the transfer will

(d)

(1) The provincial head of social development in the relevant

province may, subject to subsection (3), determine that—

Change in residential care programme

172.

a child in a child and youth care centre be released from a residential

care programme;

(a)

(1) The provincial head of social development in the relevant

province may, in the best interest of a child at any time whilst the child is in

alternative care, issue a notice directing that the child, pending any action in

terms of subsection (3)—

Removal of child already in alternative care

173.

which is more restrictive than the child’s current programme.

(b)

which includes the secure care of the child; or

application to the child of a residential care programme—

(a)

an additional residential care programme be applied to such a child.

(2) To give effect to subsection (1), the provincial head may transfer the

child to another child and youth care centre or to a person in terms of

section 171.

(3) No determination in terms of subsection (1) may be carried out

without rati

fication by a children’s court if that determination requires the

(c)

another residential care programme be applied to such a child; or

(b)

be removed from the child and youth care centre or person in whose

care or temporary safe care the child is; and

(a)

issue a notice directing that the child be returned to the child and youth

care centre or person in whose care or temporary care the child was

immediately before the subsection (1) notice was issued.

(c)

discharge the child from alternative care in terms of section 175; or

(b)

transfer the child in terms of section 171;

(2) The provincial head must, within six months from the date on which

a child has been moved and put in temporary safe care in terms of

subsection (1) and after such inquiry as the provincial head may consider

necessary—

(a)

be put in temporary safe care at a place specified in the notice.

(b)

procedures prescribed by regulation have been followed—

(i) to assess the best interest of the child; and

(ii) to reunite the child with the child’s immediate family or other

family members, if applicable; and

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(2) A notice of provisional transfer in terms of subsection (1) may be

issued only after—

(a)

(1)Aprovincial head of social development may, in the best interest

of a child at any time whilst the child is in alternative care, issue a notice

directing that the child be provisionally transferred from alternative care

into another form of care that is not more restrictive, as from a date

speci

fied in the notice, for a trial period of not more than six months.

Provisional transfer from alternative care

174.

a transfer to another child and youth care centre of any other form of

placement.

(4) The provincial head—

(c)

integration into another family; or

family members;

(b)

reunification of the child with the child’s immediate family or other

and considered by the provincial head of social development.

(3) Provisional transfer must be managed by a designated social worker

to establish the feasibility of—

(a)

a report on such assessment and reunification has been submitted to

(b)

must revoke the transfer if the child so requests and the social worker

so recommends; and

(a)

procedures prescribed by regulation have been carried out—

(i) to assess the best interest of the child; and

(ii) to reunite the child with the child’s immediate family or other

family members, if applicable; and

(2) A notice of discharge in terms of subsection (1) may be issued only

after—

(a)

(1) The provincial head of social development in the relevant

province may, in the best interest of a child at any time whilst the child is in

alternative care, issue a notice directing that the child be discharged from

alternative care as from a date speci

fied in the notice.

child’s placement or permanently discharge the child from alternative

care in terms of section 175.

(5) The notice of provisional transfer shall be considered proof of

eligibility for any form of state support which would have been payable if

the transfer had been permanent.

Discharge from alternative care

175.

may at the end of or at any time during the trial period confirm the

(b)

(1) A person placed in alternative care as a child is entitled, after

having reached the age of 18 years, to remain in that care until the end of the

year in which that person reached the age of 18 years.

(2) A provincial head of social development may on application by a

person placed in alternative care as a child, allow that person to remain in

that care until the end of the year in which that person reaches the age of 21

years if—

worker has been submitted to and considered by the provincial head of

social development.

(3) A notice of discharge relieves the alternate care-giver from any

further responsibilities in relation to the child.

Remaining in alternative care after reaching age of 18 years

176.

a report on such assessment and reunification by a designated social

(b)

the current alternative care-giver is willing and able to care for that

person; and

(a)

the continued stay in that care is necessary to enable that person to

complete his or her education or training.

(b)

The Minister, after consultation with the Minister for Justice and

Constitutional Development where court orders are regulated, may make

regulations in terms of section 306 prescribing—

natural causes.

(3) if child in alternative care is abused or seriously injured, the

management of the child and youth care centre or person in whose care the

child has been placed must immediately report the matter to the provincial

head of social development who must cause an investigation into the

circumstances of the abuse or serious injury to be conducted.

Regulations

179.

the social worker dealing with the matter.

(2) The police official must cause an investigation into the circumstances

surrounding the death of the child to be conducted by the South African

Police Service if the police official is satis

fied that the child did not die of

(d)

the parent or guardian of the child, if he or she can be traced; and

(c)

the provincial head of social development;

(b)

to a police official;

as contemplated in subsection (1), may apply to the competent division of

the High Court to review that decision.

Death, abuse or serious injury of child in alternative care 178.

(1) If a child in alternative care dies, the management of the child and

youth care centre or person in whose care or foster care the child has been

placed must immediately after the child’s death report such death—

(a)

fied with the outcome of an appeal lodged

Appeal against and review of certain decisions 177.

(1) A child or person aggrieved by a decision in terms of section 168 or

a decision or action in terms of section 170(8), 171, 172, 173, 174, 175, or

176 may lodge an appeal with the MEC against that decision.

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(2)An applicant that is not satis

the manner in which a person, facility, place or premises for temporary

safe care must be approved;

(a)

the criteria that a person, facility, place or premises for temporary safe

care must comply with;

(b)

the manner in which children in alternative care must be transferred or

provisionally transferred, their residential care programmes changed,

be removed or permanently discharged from alternative care;

(d)

limitations or conditions for leave of absence from alternative care;

(c)

fees payable to a child and youth care centre on transfer or provisional

transfer of a child in alternative care to that centre;

(e)

the manner in which applications for extension of alternative care

beyond 18 years of age are to be made; and

(f)

any other matter that may be necessary to facilitate the implementation

of this Chapter.

(g)

(1)Achild is in foster care if the child has been placed in the care of

a person who is not the parent or guardian of the child as a result of—

CHAPTER 12

FOSTER CARE

Foster care

180.

a transfer in terms of section 171.

(2) Foster care excludes the placement of a child—

(b)

an order of a children’s court; or

(a)

in the care of a child and youth care centre.

(3) A children’s court may place a child in foster care—

(b)

in temporary safe care; or

(a)

with a family member who is not the parent or guardian of the child;

or

(b)

with a person who is not a family member of the child;

(a)

in a cluster foster care scheme.

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(c)

protect and nurture children by providing a safe, healthy environment

with positive support;

(a)

The purposes of foster care are to—

Purposes of foster care

181.

respect the individual and family by demonstrating a respect for

cultural, ethnic and community diversity.

family relationships intended to last a lifetime; and

(c)

fication, or by connecting children to other safe and nurturing

reuni

promote the goals of permanency planning, first towards family

(b)

Before a children’s court places a child in foster care, the court must

follow the children’s court processes stipulated in Part 2 of Chapter 10 to

the extent that the provisions of that Part are applicable to the particular

case.

Initial proceedings

182.

willing and able to undertake, exercise and maintain the responsibilities

of such care; and

(b)

a fit and proper person to be entrusted with the foster care of the child;

(a)

(1) A prospective foster parent must be—

Prospective foster parent

183.

(1) Before a children’s court places a child in foster care by court

order in terms of section 156, the court must consider a report by a

designated social worker about—

person to be entrusted with the foster care of a child.

(3) Subsections (1) and (2), read with such changes as the context may

require, apply to any organisation or a group of individuals managing a

cluster foster care scheme.

Determination of placement of child in foster care

184.

fit and proper

(2) A person unsuitable to work with children is not a

properly assessed by a designated social worker for compliance with

paragraphs

(a) and (b).

(c)

the availability of a suitable person with a similar background to that

of the child who is willing and able to provide foster care to the child.

(2) A child may be placed in the foster care of a person from a different

cultural, religious and linguistic background to that of the child, but only

if—

(b)

the cultural, religious and linguistic background of the child; and

(a)

a suitable and willing person with a similar background is not readily

available to provide foster care to the child.

(b)

there is an existing bond between that person and the child; or

(a)

(1) Not more than six children may be placed in foster care with a

single person or two persons sharing a common household, except where—

Number of children to be placed in foster care per household

185.

the court considers this for any other reason to be in the best interest of

all the children.

(2) More than six children may be placed in foster care in terms of a

cluster foster care scheme as prescribed.

(b)

the children are siblings or blood relations; or

(a)

no further social worker reports are required in respect of that

placement; and

(b)

no further social worker supervision is required for that placement;

foster care with a person other than a family member for more than two

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years and after having considered the need for creating stability in the

child’s life, order that—

(a)

(1) A children’s court may, despite the provisions of section

159(1)

(a) regarding the duration of a court order, after a child has been in

Duration of foster care placements

186.

it is in the best interest of the child.

(3) Despite the provisions of subsections (2) and (3), a social service

professional must visit a child in foster care at least once every two years to

evaluate the placement.

between the child and the child’s biological parents; and

(d)

there is for any other reason no purpose in attempting reunification

(c)

the child’s biological parents are deceased;

(b)

the child has been abandoned by the biological parents;

regarding the duration of a court order and after having considered the need

for creating stability in the child’s life, place a child in foster care with a

family member for more than two years, extend such an order for more than

two years at a time or order that the foster care placement subsists until the

child turns 18 years, if—

(a)

the foster care placement subsists until the child turns 18 years, unless

otherwise directed.

(2) A children’s court may, despite the provisions of section 159(1)

(a)

(c)

explaining why the child was not reunited with the biological parents;

and

(a)

fication must submit a report to the children’s court—

(2) If the child has not been reunited with the child’s biological parents

two months before the expiry of the initial court order or any extension of

the order, the designated social worker appointed to facilitate the

reuni

fication as contemplated in section 156(3)(a).

possible and in the best interest of the child, the court must issue the

placement order subject to conditions providing for a designated social

worker to facilitate such reuni

(1) If a children’s court placing a child in foster care is of the view

that reuni

fication between the child and the child’s biological parents is

187.

fication of child with biological parent

Reuni

recommending any steps that may be taken to stabilise the child’s life.

(3) The children’s court considering the report may—

(b)

(1) The foster parent of a child has those parental responsibilities

and rights in respect of the child as set out in—

Responsibilities and rights of foster parent

188.

fication.

prospects of reuni

order the termination of the reunification services if there are no

(b)

order that the designated social worker must continue facilitating the

reuni

fication; or

(a)

the order of the children’s court placing the child in the foster care of

that foster parent;

(a)

an order of court assigning parental responsibilities and rights in terms

of section 23;

(d)

an order of the children’s court amending the initial order;

(c)

the responsibilities and rights of foster parents as may be prescribed;

(b)

a parenting plan between the parent or guardian of the child and the

foster parent in terms of section 33;

(e)

any applicable provisions of this Act.

(2) An order of the children’s court may give parental rights and

responsibilities to a foster parent in addition to those normally necessary for

a foster parent if—

(f)

(1) Foster care may be terminated by a children’s court if it is in the

best interest of the child.

(2) Before terminating the foster care of a child, the court must take into

account all relevant factors, including—

(3) A children’s court may in terms of section 65 monitor the suitability

of the placement of a child in foster care.

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Termination of foster care

189.

family reunification is not in the best interest of the child.

(c)

the child is an orphan; or

(b)

the child has been abandoned;

(a)

the bond that exists between the child and the child’s biological parent,

if the biological parent reclaims care of the child;

(a)

the bond that developed between—

(i) the child and the foster parent; and

(ii) the child and the family of the foster parent; and

(b)

the prospects of achieving permanency in the child’s life by—

(i) returning the child to the biological parent;

(ii) allowing the child to remain permanently in foster care with

the foster parent;

(iii) placing the child in any other alternative care; or

(iv) adoption of the child.

(c)

The Minister, after consultation with the Minister for Justice and

Constitutional Development where court orders are regulated, may make

regulations in terms of section 306—

Regulations

190.

regulating the establishment, functioning and management of cluster

foster care schemes;

(b)

prescribing the responsibilities and rights of foster parents;

(a)

prescribing the requirements with which cluster foster care schemes

and any foster care programmes provided in terms of such schemes,

must comply; and

(c)

prescribing any other matter that may be necessary to facilitate the

implementation of this Chapter.

(d)

(1) A child and youth care centre is a facility for the provision of

residential care to more than six children outside the child’s family

environment in accordance with a residential care programme or

programmes suited for the children in the facility, but excludes—

CHAPTER 13

CHILD AND YOUTH CARE CENTRES

Child and youth care centre

191.

any other establishment which is maintained mainly for the tuition or

training of children other than an establishment which is maintained

for children ordered by a court to receive tuition or training.

(2) A child and youth care centre must offer a therapeutic programme

designed for the residential care of children outside the family environment,

which may include a programme designed for—

(f)

a prison; or

(e)

a school hostel or other residential facility attached to a school;

(d)

a boarding school;

(c)

a drop-in centre;

(b)

a partial care facility;

(a)

the reception, care and development of children otherwise than in their

family environment;

(a)

the reception, care and development of children on a shared basis with

the parent or other person having parental responsibilities;

(b)

the reception and temporary safe care of children pending their

placement;

(c)

the reception and temporary safe care of children to protect them from

abuse or neglect;

(d)

the reception and temporary safe care of trafficked or commercially

sexually exploited children;

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(e)

the reception and temporary safe care of children for the purpose of—

(i) observing and assessing those children;

(ii) providing counselling and other treatment to them; or

(iii) assisting them to reintegrate with their families and the

community;

(f)

the reception, development and secure care of children awaiting trial

or sentence;

(g)

the reception, development and secure care of children with

behavioural, psychological and emotional difficulties;

(h)

the reception and care of children for any other purpose that may be

prescribed by regulation.

(3) A child and youth care centre may in addition to its residential care

programmes, offer—

(k)

the reception and care of street children; or

youth care centre which provides a secure care programme; or

(iii) in terms of section 171 transferring a child in alternative care;

(j)

the reception, development and secure care of children in terms of an

order—

(i) under the Criminal Procedure Act, 1977 (Act No. 51 of 1977);

(ii) in terms of section 156(1)

(h) placing the child in a child and

(i)

the provision of appropriate care and development of children with

disabilities or chronic illnesses;

(a)

the treatment of children for addiction to dependence-producing

substances;

(c)

therapeutic programmes;

(b)

a programme for the treatment of children with a psychiatric

condition;

(d)

a programme to assist a person with the transition when leaving a child

and youth care centre after reaching the age of 18; or

(e)

(1) The Minister must determine national norms and standards by

regulation after consultation with interested persons.

(2) The norms and standards contemplated in subsection (1) must relate

to the following:

legislature if it complies with the norms and standards as determined by the

Minister by regulation.

Norms and standards for child and youth care centres

194.

must comply with—

(i) the prescribed norms and standards contemplated in section

194 and such other requirements as may be prescribed;

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(ii) the structural, safety, health and other requirements of the

municipality of the area in which the child and youth care

centre is situated.

(3) An accredited organisation operating a child and youth care centre

only quali

fies for funding from money appropriated by a provincial

(b)

must be managed and maintained in accordance with this Act; and

to make the information available that is necessary for the development and

review of the strategies referred to in subsections (1) and (2).

(4) The provincial head of social development must maintain a record of

all available child and youth care centres in the province concerned and of

the programmes contemplated in section 191 offered by each centre.

Provision of child and youth care centres 193.

(1) The MEC for social development of a province must, from money

appropriated by the relevant provincial legislature, provide and fund child

and youth care centres for that province.

(2) Such child and youth care centres—

(a)

(1) The Minister, after consultation with the Ministers of Education,

of Health and of Justice and Constitutional Development, must include in

the departmental strategy a comprehensive national strategy aimed at

ensuring an appropriate spread of child and youth care centres throughout

the Republic providing the required range of residential care programmes

in the various regions, giving due consideration as provided in section 11 to

children with disability or chronic illness.

(2) The MEC must within the national strategy referred to in subsection

(1) provide for a provincial strategy aimed at the establishment of an

appropriate spread in the province of properly resourced, co-ordinated and

managed child and youth care centres providing the required range of

residential care programmes.

(3) The MEC must compile a provincial pro

file from time to time in order

Strategy to ensure sufficient provision of child and youth care centres

192.

any other service that may be prescribed by regulation.

(f)

measures for the separation of children in secure care programmes

from children in other programmes.

(m)

access to schooling and education; and

(l)

access to and provision of adequate health care;

(k)

after-care with the purpose of prevention and early intervention;

(j)

family reunification and reintegration;

(i)

assessment of children;

(h)

protection from abuse and neglect;

(g)

temporary safe care;

(f)

individual development plans;

(e)

permanency plans for children;

(d)

development programmes;

(c)

therapeutic programmes;

(b)

A residential care programme;

(a)

The MEC for social development of a province must, from money

appropriated by the relevant provincial legislature, establish and operate

child and youth care centres for that province.

Part 1

Establishment and registration of child and youth care centre

Establishment of child and youth care centre by organ of state

195.

(1) Any accredited organisation may establish or operate a child and

youth care centre provided that the centre—

Establishment of child and youth care centre by accredited

organisation

197.

(d) and (e).

(3) The provincial department of education must provide education to the

children in the facilities mentioned in paragraphs

a reformatory established in terms of section 52 of the Prisons and

Reformatories Act, 1911 (Act No. 13 of 1911) must be regarded as

having been established in terms of section 195 as a child and youth

care centre providing a residential care programme referred to in

section 191(2)

(i).

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(e)

a government industrial school established in terms of section 33 of

the Children’s Protection Act, 1913 (Act No. 25 of 1913) must be

regarded as having been established in terms of section 195 as a child

and youth care centre providing a residential care programme referred

to in section 191(2)

(h);

(d)

an existing state operated secure care facility established or deemed to

have been established in terms of the Child Care Act must be regarded

as having been established in terms of section 195 as a child and youth

care centre providing a residential care programme referred to in

section 191(2)

(g);

(c)

an existing state operated place of safety established or deemed to

have been established in terms of the Child Care Act must be regarded

as having been established in terms of section 195 as a child and youth

care centre providing residential care programmes referred to in

section 191(2)

(c) and (d);

(b)

an existing state operated children’s home established or deemed to

have been established in terms of the Child Care Act must be regarded

as having been established in terms of section 195 as a child and youth

care centre providing a residential care programme referred to in

section 191(2)

(a);

(a)

(1) As from the date on which section 195 takes effect—

Existing government children’s home, place of safety, secure care

facility, school of industry and reform school

196.

is registered with the relevant provincial department of social

development;

(a)

is managed and maintained in accordance with this Act and any

conditions subject to which the centre is registered;

(b)

complies with the prescribed norms and standards for child and youth

care centres as contemplated in section 194 and such other requirements

as may be prescribed; and

(c)

complies with the structural, safety, health and other requirements of

the municipality of the area in which the child and youth care centre is

or is to be situated.

(2) Subsection (1) also applies to a child and youth care centre

established by an organ of state in terms of section 195 if the centre is

operated by an accredited organisation.

(3)With the exception of partial care facilities operated or managed by a

national or provincial state department responsible for social development,

all partial care facilities operated or managed by a national or provincial

state department must comply with subsection (1).

(d)

(1)Aprovincial head of social development may by way of a written

notice of enforcement instruct—

the date on which this section takes effect.

Notice of enforcement

199.

five years from

date on which that subsection takes effect, unless its registration is

withdrawn in terms of section 204 before the expiry of that period.

(3) An existing shelter registered in terms of the Child Care Act must

register as a child and youth care centre within a period of

five years from the

(2) A children’s home referred to in subsection (1) is regarded to be a

registered child and youth care centre for a period of

(1) As from the date on which section 197 takes effect an existing

privately operated children’s home registered or deemed to be registered in

terms of the Child Care Act must be regarded as having been registered in

terms of section 196 as a child and youth care centre providing a residential

care programme mentioned in section 191(2)

(a).

Existing registered children’s home and registered shelter

199.

(1) An application for registration of a child and youth care centre

established by an accredited organisation as referred to in section 196 or for

the renewal of such a registration must—

(3) The Director-General or the provincial head of social development

may apply to the High Court for an order to instruct a person or organisation

operating a child and youth care centre, whether registered or not, to stop

operating that centre.

(4) The High Court may grant an order for costs against the person or

organisation referred to in subsection (3) if so requested by the Director-

General or provincial head of social development.

Application for registration or renewal of registration

200.

finalised.

section 196 regarding the establishment of child and youth care centres by

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accredited organisations, be given permission by the provincial head of

social development to continue operating the centre during that period and,

if that person applies for registration, until that person’s application has

been

fied period may, despite the provisions of

for registration within a speci

a person or organisation operating a registered child and youth care

centre otherwise than in accordance with the provisions of this Act or

any conditions subject to which the registration was issued, to comply

with those provisions or conditions.

(2) A person or organisation operating an unregistered child and youth

care centre and who is instructed in terms of subsection (1)

(a)(ii) to apply

(b)

a person or organisation operating an unregistered child and youth

care centre—

(i) to stop operating that centre; or

(ii) to apply for registration in terms of section 199 within a period

speci

fied in the notice; or

(a)

be lodged with the provincial head of social development in the

relevant province in accordance with a procedure prescribed by

regulation;

(a)

consider an application for registration or for the renewal of a

registration and either refuse the application or grant the registration or

renewal with or without conditions, having regard to subsection (2);

(a)

(1) The provincial head of social development must—

youth care centre is or is to be situated certifying that the

premises in which the centre is or is to be accommodated

complies with all structural, safety, health and other requirements

of the municipality; and

(iii) any documents that may be prescribed by regulation.

(2)An applicant must provide such additional information relevant to the

application as the provincial head of social development may determine.

(3)An application for the renewal of registration must be made at least 90

days before the registration is due to expire, but the provincial head of

social development may allow a late application on good cause shown.

(4) The provincial head of social development must renew the

registration of a partial care facility before the expiration thereof if the

application for renewal was lodged at least 90 days before the registration

was due to expire as contemplated in subsection (3).

Consideration of application

201.

ficate issued by the municipality in which the child and

child and youth care centre;

(ii) a certi

be accompanied by—

(i) a certi

fied copy of the constitution or founding document of the

(c)

contain the particulars prescribed by regulation; and

(b)

the child and youth care centre complies with—

(i) the prescribed norms and standards for child and youth care

centres contemplated in section 194 and such other requirements

as may be prescribed; and

(ii) the structural, safety, health and other requirements of the

municipality in which the child and youth care centre is or is to

be situated;

registration will remain valid.

(2) When deciding an application the provincial head of social

development must take into account all relevant factors, including

whether—

(a)

state in the certificate of registration the period for which the

registration in the form prescribed by regulation if the application is

granted; and

(c)

issue to the applicant a certificate of registration or renewal of

(b)

the applicant has the necessary skills, funds and resources available to

operate the child and youth care centre;

centre;

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(c)

the applicant is a fit and proper person to operate a child and youth care

(b)

The registration or renewal of the registration of a child and youth

care centre may be granted on such conditions as the provincial head of

social development may determine, including conditions—

person to operate or assist in operating a child and youth care centre.

(4) The provincial head of social development must consider a report of

a designated social worker before deciding an application for registration or

renewal of registration.

(5) Notwithstanding the provisions of section 193(3) a provincial head of

social development may assist the person or organisation operating a child

and youth care centre to comply with the prescribed norms and standards

contemplated in section 194 and such other requirements as may be

prescribed.

Conditional registration

202.

each person employed at or engaged in the child and youth care centre

has the prescribed skills to assist in operating a child and youth care

centre.

(3) A person unsuitable to work with children is not a

fit and proper

centre; and

(e)

each person employed at or engaged in the child and youth care centre

is a

fit and proper person to assist in operating a child and youth care

(d)

specifying the type of residential care programme or programmes that

may or must be provided in terms of the registration;

(a)

The provincial head of social development in the relevant province

may, on application in the prescribed circumstances by the holder of a

registration of a child and youth care centre, amend the registration by

written notice to that person.

Amendment of registration

203.

providing for any other matters that may be prescribed by regulation.

(c)

stating the period for which the registration will remain valid; and

(b)

(1) The provincial head of social development in the relevant

province may cancel the registration of a child and youth care centre by

written notice to the registration holder if—

Cancellation of registration

204.

the centre is not maintained in accordance with—

(i) the prescribed norms and standards contemplated in section

194 for child and youth care centres and such other requirements

as may be prescribed;

(ii) any structural, safety, health and other requirements of the

municipality in which the child and youth care centre is

situated;

(iii) any organisational development plan established for the centre

as part of the quality assurance process in terms of section 211;

or

(iv) any other requirements of this Act;

(a)

any condition subject to which the registration or renewal of

registration was issued is breached;

(b)

the registration holder or the management of the centre contravenes or

fails to comply with a provision of this Act;

(c)

suspend the cancellation for a period to allow the registration holder to

correct the cause of the cancellation; and

(a)

(a), (b), (c) or (e)

person to operate or assist in operating a child and youth care centre.

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(3) The provincial head of social development may in the case of the

cancellation of a registration in terms of subsection (1)

fit and proper

and youth care centre is employed at or involved in activities at the

centre.

(2) A person unsuitable to work with children is not a

a person who is not a fit and proper person to assist in operating a child

person to operate a child and youth care centre; or

(e)

the registration holder becomes a person who is not a fit and proper

(d)

reinstate the registration if the registration holder corrects the cause of

the cancellation within that period.

(4) The Director-General or a provincial head of social development may

assist a registration holder to comply with—

(b)

the prescribed norms and standards for child and youth care centres

contemplated in section 194 and such other requirements as may be

prescribed;

(a)

any structural, safety, health and other requirements of the municipality

in which the child and youth care centre is situated; or

(b)

the provincial head of social development and the holder of the

registration agree on an earlier date; or

may not be earlier than 90 days from the date on which that notice was

given, except if—

(a)

any provisions of the organisational development plan established for

the centre in terms of the quality assurance process contemplated in

section 211, where the cancellation was due to a failure to comply with

those norms and standards, requirements or process.

(5) The cancellation of a registration which has not been suspended takes

effect from a date speci

fied in the notice referred to in subsection (1), which

(c)

the safety or protection of the children in the centre requires an earlier

date.

(b)

(1) The holder of a registration of a child and youth care centre may

close the centre by—

Voluntary closure of child and youth care centre

205.

giving written notice to the provincial head of social development in

the relevant province; and

(a)

(1) If a child and youth care centre is to be closed as a result of the

cancellation of its registration in terms of section 204 or voluntary closure

of the centre in terms of section 205 every child placed in that centre must

be transferred in terms of section 171.

social development for cancellation.

Child in child and youth care centre to be closed

206.

surrendering the certificate of registration to the provincial head of

(b)

(1) Each child and youth care centre must have a management board

consisting of no fewer than six and no more than nine members.

(2) The members of a management board are appointed by—

as contemplated in subsection (1), may apply to the competent division of

the High Court to review that decision.

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Part 2

Operation and management of child and youth care centre

Management board

208.

(1) An applicant aggrieved by a decision of a provincial head of

social development with regard to the consideration of an application for

registration or renewal of registration in terms of section 200, or the

conditions on which registration was granted in terms of section 201, or a

registration holder aggrieved by a decision of a provincial head of social

development to cancel the registration of a child and youth care centre in

terms of section 204, may lodge an appeal against that decision with the

MEC for social development.

(2)An applicant that is not satis

fied with the outcome of an appeal lodged

Appeal against and review of certain decisions

207.

the MEC for social development in the relevant province in

accordance with a procedure prescribed by regulation, in the case of a

child and youth care centre which is operated by the province; and

(a)

the registration holder in accordance with a procedure prescribed by

regulation, in the case of a privately operated child and youth care

centre.

(3) In appointing members of the management board, equitable

representation by all stakeholders, including the community in which the

child and youth care centre is located, must be ensured.

(4) No person unsuitable to work with children may be appointed or

continue to serve as a member of a management board.

(5) A management board functions in terms of the regulations, and may

exercise the powers and must perform the duties conferred on it in terms of

this Act.

(6) The management board must create a children’s forum as part of the

management board to ensure the participation of resident children in the

operation of the centre.

(b)

(1) The person or organisation operating a child and youth care

centre must appoint or designate—

Manager and staff of child and youth care centre

209.

a sufficient number of staff or other appropriate persons to assist in

operating the centre.

(2) A person may be appointed or designated in terms of subsection (1)

only—

(b)

a person as the manager of the centre; and

(a)

in accordance with—

(i) a system of management that allows for a division of

responsibilities between the management board and the

manager of the centre and an appropriate interaction in the

exercise of those responsibilities, as may be prescribed by

regulation;

(ii) the organisational development plan established for the centre

in terms of its quality assurance process; and

(iii) any other requirements of this Act; and

(a)

A child and youth care centre must be managed—

Management system

210.

required in the conditions of registration of the centre.

(b)

prescribed by regulation; or

person to assist in operating or serving at a child and youth care centre.

(4) The number of staff appointed or designated must be in accordance

with any staff-to-children ratios that may be—

(a)

fit and proper

care centre.

(3) A person unsuitable to work with children is not a

if that is a fit and proper person to assist in operating a child and youth

(c)

if that person has the skills and training as prescribed; and

(b)

after following an interview process prescribed by regulation;

(a)

in a manner that is conducive to implementing the residential care

programme and other programmes offered at the centre.

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(b)

(1) The provincial head for social development must ensure that a

quality assurance process is carried out in respect of each child and youth

care centre in the manner and at the intervals as prescribed.

(2) The management board of a child and youth care centre must without

delay, after completion of the quality assurance process, submit a copy of

the organisational development plan established for the centre in terms of

the quality assurance process to the MEC for social development in the

province.

(3) A provincial head of social development may give advice to a child

and youth care centre on carrying out the quality assurance process as

contemplated in subsection (1).

Quality assurance process

211.

The Minister may, where appropriate after consultation with the

Ministers of Education, of Health and of Justice and Constitutional

Development, in terms of section 306 make regulations prescribing—

Part 3

Miscellaneous

Regulations

212.

the procedure to be followed in connection with the lodging and

consideration of—

(i) applications for registration of child and youth care centres;

(ii) applications for renewal or amendment of such registrations;

and

(iii) objections to applications made in terms of sub-paragraphs (i)

and (ii);

(a)

the norms and standards that child and youth care centres must comply

with;

(b)

the matters with which applicants must comply before, during or after

the lodging of their applications;

(c)

consultation processes that must be followed in connection with such

applications;

(d)

any additional factors that must be taken into account when deciding

such applications;

(e)

the procedure to be followed and the fees to be paid in connection with

the lodging and consideration of appeals in terms of this Chapter;

(f)

methods and procedures to enforce compliance with registration

conditions;

(h)

the format and contents of registration certificates;

(g)

matters in connection with the physical attributes, operation and

management of child and youth care centres;

(i)

matters in connection with residential care programmes provided at

child and youth care centres, including the setting of criteria for—

(i) the core components of such programmes; and

(ii) the implementation of such programmes;

(j)

the provision of programmes at child and youth care centres to meet

the developmental, therapeutic and recreational needs of children;

(k)

an assessment of and the formulation of an individual developmental

and permanency plan for each child;

(l)

the powers and duties of the management boards of child and youth

care centres;

(m)

the composition of management boards, which may include representation

for staff and residents;

(n)

matters relating to the functioning of management boards, including—

(i) designation and functions of presiding members;

(ii) the convening and conduct of meetings;

(iii) quorums; and

(iv) the appointment and functioning of committees of a board;

(v) suspension or termination of membership;

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(p)

filling of vacancies; and

(iii) term of office;

(iv)

matters relating to members of management boards, including—

(i) appointment procedures;

(ii) quali

fications for membership;

(o)

matters relating to the responsibilities of and interaction between the

management board and the staff and residents of a child and youth care

centre;

child and youth care centres;

(r)

matters relating to training, qualifications and experience of staff of

(q)

the reporting responsibilities of management boards and staff to the

department, person or organisation operating the child and youth care

centre;

(s)

the format of the constitution or founding document of a child and

youth care centre and the matters to be regulated in such constitution

or founding document;

(t)

management, disciplinary and other practices in child and youth care

centres;

(v)

the rights of children in child and youth care centres;

(u)

any other matter that may facilitate the implementation of this

Chapter.

appointed to oversee the implementation of such plans; and

(x)

fications, functions and remuneration of mentors

payable to members of independent teams;

(iii) the manner in which internal and independent assessments

must be conducted;

(iv) the core components of organisational development plans;

(v) the implementation, revision and amendment of such plans;

(vi) the monitoring of implementation and reporting of violations

of such plans; and

(vii) the quali

matters in connection with quality assurance processes and

organisational development plans established in terms of such

processes for child and youth care centres, including—

(i) the composition of teams to conduct internal and independent

assessments;

(ii) the quali

fications of team members and the remuneration

(w)

(1) The Minister, after consultation with civil society and the

relevant interested parties, including the Ministers of Finance and Health,

must include in the departmental strategy a strategy aimed at ensuring an

appropriate spread of drop-in centres throughout the Republic, giving due

consideration as provided in section 11 to children with disability or

chronic illness.

(2) The MEC must—

managed for the purpose of providing basic services, excluding overnight

accommodation, to children, including street children, who voluntarily

attend the facility but who are free to leave.

Strategy concerning drop-in centres

214.

A drop-in centre is a facility located at a specific place which is

CHAPTER 14

DROP-IN CENTRES

Drop-in centres

213.

maintain a record of all the registered drop-in centres in the province

concerned;

(a)

(1) The MEC for social development of a province may, from

money appropriated by the relevant provincial legislature, provide and fund

drop-in centres for that province.

(2) Such drop-in centres—

to make the information available that is necessary for the development and

review of the strategies referred to in subsections (1) and (2).

Provision of drop-in centres

215.

within the national strategy referred to in subsection (1), provide for a

provincial strategy to ensure an appropriate spread of drop-in centres

in the province.

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(3) The MEC must compile a provincial pro

file from time to time in order

(b)

(1) The Minister must determine norms and standards by regulation

after consultation with interested persons, including local government.

(2) The norms and standards contemplated in subsection (1) must relate

to the following:

appropriated as contemplated in subsection (1) if the centre complies with

the prescribed norms and standards contemplated in section 216 and such

other requirements as may be prescribed.

Norms and standards for drop-in centres

216.

must comply with—

(i)

the prescribed norms and standards contemplated in section 216 and such

other requirements as may be prescribed;

(ii)

the structural safety, health and other requirements of the municipality of

the area where the drop-in centre is situated.

(3) The owner or manager of a drop-in centre only quali

fies for funding

(b)

must be management and maintained in accordance with this Act; and

(a)

access to disposal of refuse services or other adequate means of

disposal of refuse generated at the shelter or drop-in centre;

(e)

hygienic and adequate toilet facilities;

(d)

safe drinking water;

(c)

adequate space and ventilation;

(b)

A safe environment for the children;

(a)

providing programmes in life and social skills, as well as psychosocial

services, education, primary health care and recreation.

(h)

providing adequate care for the children.

(g)

a hygienic area for the preparation of food for the children.

(f)

drop-in centres should not be seen as a permanent or long term

placement.

(j)

reporting of all children residing the drop-in centres to a social worker

for intervention and family reuni

fication.

(i)

(1) Any person or organisation may establish or operate a drop-in

centre provided that the drop-in centre—

by a provincial legislature if it complies with the prescribed norms and

standards as contemplated in section 216 and such other requirements as

may be prescribed.

(4) A drop-in centre may offer such programmes appropriate to the

developmental needs of the children in that centre as may be prescribed.

Drop-in centres to be registered

217.

shelters and drop-in centres should have management committees.

(3) A drop-in centre only quali

fies for funding from money appropriated

(l)

drop-in centres should have screened and trained staff and care givers.

(k)

is registered with the provincial head of social development of the

province where that drop-in centre is situated;

(a)

is managed and maintained in accordance with any conditions subject

to which the drop-in centre is registered; and

(b)

(1) The provincial head of social development may by way of a

written notice of enforcement instruct—

that subsection takes effect, unless its registration is withdrawn in terms of

section 84 before the expiry of that period.

Notice of enforcement

218.

complies with—

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(i) the prescribed norms and standards for drop-in centres

contemplated in section 216 and such other requirements as

may be prescribed; and

(ii) the structural, safety, health and other requirements of the

municipality.

(2) As from the date on which this section takes effect an existing drop-in

centre registered in terms of the Child Care Act must be regarded as having

been registered as a drop-in centre in terms of this section.

(3) A drop-in centre referred to in subsection (4) is regarded to be a

registered drop-in centre for a period of

five years from the date on which

(c)

(1) An application for registration or conditional registration of a

drop-in centre or for the renewal of a registration must—

(3) The Director-General or the provincial head of social development

may apply to the High Court for an order to instruct a drop-in centre,

whether registered or not, to stop operating that centre.

(4) The High Court may grant an order for costs against the owner of

manager of the drop-in care centre referred to in subsection (3) if so

requested by the Director-General or provincial head of social development.

Application for registration and renewal of registration

219.

finalised.

given permission by the provincial head of social development to continue

operating the drop-in centre during that period and, if that person applies for

registration, until that person’s application has been

fied period may, despite the provisions of section 217 be

within a speci

a person or organisation operating a registered drop-in centre

otherwise than in accordance with the conditions subject to which the

registration was issued, to comply with those conditions.

(2)Aperson or organisation operating an unregistered drop-in centre and

who is instructed in terms of subsection (1)

(a)(ii) to apply for registration

(b)

a person or organisation operating an unregistered drop-in centre—

(i) to stop operating that drop-in centre; or

(ii) to apply for registration in terms of section 217 within a period

speci

fied in the notice; or

(a)

be lodged, in accordance with a procedure prescribed by regulation,

with the provincial head of social development in which the facility is

or will be situated;

(a)

be accompanied by any documents that may be prescribed by

regulation;

(2)An applicant must provide such additional information relevant to the

application as the provincial head of social development may determine.

(3)An application for the renewal of registration must be made at least 90

days before the registration is due to expire, but the provincial head of

social development may allow a late application on good cause shown.

(4) The provincial head of social development must renew the

registration of a drop-in centre before the expiration thereof if the

application for renewal was lodged at least 90 days before the registration

was due to expire as contemplated in subsection (3).

(c)

contain the particulars prescribed by regulation; and

(b)

consider an application for registration or conditional registration or

for the renewal of a registration, and either reject the application or

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grant the registration or renewal with or without conditions, having

regard to subsection (2); and

(a)

(1) The provincial head of social development must—

Consideration of application

220.

the drop-in centre complies with—

(i) the prescribed norms and standards for drop-in centres

contemplated in section 216; and

(ii) the structural, safety, health and other requirements of the

municipality;

registration or renewal of registration on a form prescribed by

regulation if the application is granted.

(2) When considering an application, the provincial head of social

development must take into account all relevant factors, including

whether—

(a)

issue to the applicant a certificate of registration, conditional

(b)

the applicant has the necessary skills, funds and resources available to

operate the drop-in centre;

(c)

the applicant is a fit and proper person to operate a drop-in centre;

(b)

(1) The registration or renewal of the registration of a drop-in centre

may be granted on such conditions as the provincial head of social

development may determine, including conditions—

person to operate or assist in operating a drop-in centre.

(4) The provincial head of social development must consider a report of

a social service professional before deciding an application for registration,

conditional registration or renewal of registration.

(5) Notwithstanding the provisions of section 215(3) a provincial head of

social development may assist the person or organisation operating a

drop-in centre to comply with the prescribed norms and standards

contemplated in section 216 and such other requirements as may be

prescribed.

Conditional registration

221.

each person employed at or engaged in the drop-in centre has the

prescribed skills to assist in operating a drop-in centre.

(3) A person unsuitable to work with children is not a

fit and proper

proper person to assist in operating a drop-in centre; and

(e)

each person employed or engaged in the drop-in centre is a fit and

(d)

specifying the type of services that may or must be provided in terms

of the registration;

(a)

providing for any other matters that may be prescribed by regulation.

(2)Aprovincial head of social development may give advice to a drop-in

centre on complying with the prescribed norms and standards contemplated

in section 216 and such other requirements as may be prescribed.

(c)

stating the period for which the registration will remain valid; and

(b)

(1) A provincial head of social development may cancel the

registration of a drop-in centre by written notice to the registration holder

if—

Cancellation of registration

222.

the drop-in centre is not maintained in accordance with—

(i) the prescribed norms and standards for drop-in centres

contemplated in section 216 and such other requirements as

may be prescribed; and

(ii) any other requirements of this Act;

(a)

any condition subject to which the registration or renewal of

registration was issued is breached or not complied with;

(b)

the registration holder or the management of the drop-in centre

contravenes or fails to comply with any provision of this Act;

(c)

suspend the cancellation for a period to allow the registration holder to

correct the cause of the cancellation; and

(a)

(a), (b), (c) or (e)

person to operate or assist in operating a drop-in centre.

(3) The provincial head of social development may in the case of the

cancellation of a registration in terms of subsection (1)

fit and proper

drop-in centre is employed at or engaged in operating the shelter or

drop-in centre.

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(2) A person unsuitable to work with children is not a

a person who is not a fit and proper person to assist in operating a

person to operate a drop-in centre; or

(e)

the registration holder becomes a person who is not a fit and proper

(d)

reinstate the registration if the registration holder corrects the cause of

the cancellation within that period.

(4) A provincial head of social development may assist a registration

holder to comply with the prescribed norms and standards for drop-in

centres contemplated in section 216 and such other requirements as may be

prescribed.

(b)

conduct regular inspections of drop-in centres in the province in

collaboration with the municipality where the drop-in centres are

situated to enforce the provisions of this Act.

(2) A province’s strategies must include strategies for the provision of

drop-in centres in the province, which must include measures—

(b)

maintain a record of all available drop-in centres in its area; and

(a)

(1) A provincial head of social development must—

as contemplated in subsection (1), may apply to the competent division of

the High Court to review that decision.

Record and inspection of and provision for drop-in centres

224.

(1) An applicant aggrieved by a decision of a provincial head of

social development with regard to the consideration of an application for

registration, conditional registration or renewal of registration in terms of

section 219, or the conditions on which registration was granted in terms of

section 221, or a registration holder aggrieved by a decision of a provincial

head of social development to cancel the registration of a drop-in centre in

terms of section 222 may lodge an appeal with the MEC for social

development against that decision.

(2)An applicant that is not satis

fied with the outcome of an appeal lodged

Appeal against and review of certain decisions

223.

facilitating the establishment of sufficient drop-in centres in the

province;

(a)

is subject to any limitations, conditions and directions which the

municipal manager may impose;

that the municipality complies with the prescribed requirements with

regard to the capacity of that municipality to perform the functions

concerned.

(2) The agreement must be in the prescribed form and contain the

prescribed particulars.

(3) The municipal manager referred to in subsection (1) may delegate

any power or duty assigned to him or her in terms of this section to a

designated social worker in the employ of the municipality.

(4) A delegation in terms of subsection (2)—

(a)

(1) The provincial head of social development may, by written

agreement with a municipality, assign the performance of some or all of the

functions contemplated in sections 215, 217, 218, 219, 221 and 222 to the

municipal manager if the provincial head of social development is satis

fied

Assignment of functions to municipality

225.

facilitating the identification and provision of suitable premises.

(c)

prioritising those types of drop-in centres most urgently required; and

(b)

does not divest the municipal manager of the responsibility concerning

the exercise of the power or the performance of the duty.

(5) The municipal manager may—

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(c)

must be in writing; and

(b)

If, after the functions contemplated in subsection (1) had been

assigned to a municipality, it appears that a particular municipality no

longer has the capacity to perform some or all of the functions assigned to

it, the provincial head of social development may—

(i) amend the written agreement contemplated in subsection (1); or

(ii) withdraw the assignment of the functions.

(c)

The provincial head of social development may by notice in writing

require the municipal manager or any other person in possession of

information required by the provincial head of social development for

purposes of monitoring the performance of the functions assigned by this

section, to provide such information to the provincial head of social

development within the period speci

fied in the notice.

performance of the functions assigned in terms of this section.

(b)

(a) The provincial head of social development must monitor the

as contemplated in subsection (6), may apply to the competent division of

the High Court to review that decision.

(8)

at any time withdraw a delegation.

(6) An applicant aggrieved by a decision of an official in the employ of a

municipality with regard to the consideration of an application for

registration, conditional registration or renewal of registration in terms of

section 220, or the conditions on which registration was granted in terms of

section 221, or a registration holder aggrieved by a decision of a provincial

head of social development to cancel the registration of a partial care

facility in terms of section 222 may lodge an appeal with the municipal

council against that decision.

(7)An applicant that is not satis

fied with the outcome of an appeal lodged

delegation in terms of this section, subject to any rights that may have

accrued to a person as a result of the decision; and

(b)

confirm, vary or revoke any decision taken in consequence of a

(a)

(1) If a child is seriously injured or abused while in a drop-in centre

or following an occurrence at a drop-in centre, the person operating the

drop-in centre must immediately report such injury or abuse to the

provincial head of social development.

(2) The provincial head of social development must cause the serious

injury or abuse of the child to be investigated.

(3) If a child dies while in partial care or following an occurrence at a

drop-in centre, the person operating the drop-in centre must immediately

after the child’s death report such death to a police official and the

provincial head of social development.

(4) The police official must investigate the circumstances of the death of

such child.

Death, abuse or serious injury of child in drop-in centre

226.

The Minister, after consultation with the Minister of Justice and

Constitutional Development where review of decisions by the courts are

regulated, may make regulations in terms of section 306 concerning—

Regulations

227.

the procedure to be followed in connection with the lodging and

consideration of applications for registration in terms of this Chapter

and for the renewal of registration;

(a)

the different services that may be provided in terms of such

registrations;

(b)

the procedure to be followed and the fees to be paid in connection with

the lodging and consideration of appeals in terms of this Chapter;

(c)

any other matter that may be necessary to facilitate the implementation

of this Chapter.’’.

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(e)

the management of drop-in centres;

(d)

Section 250 of the principal Act is hereby amended by the insertion after

subsection (2) of the following subsection:

‘‘(3) A welfare organisation referred to in section 108 which was lawfully

engaged in providing adoption services when this section took effect may, despite

the provisions of subsection (1), continue with such services for a period of two

years without being accredited in terms of section 251 to provide adoption services,

but must within that period apply for such accreditation in terms of section 251.’’.

Amendment of section 250 of Act 38 of 2005

10.

fails to comply with section 78(1), 95(1), 196(1) or 215(1) after that

person has been instructed by way of a notice of enforcement in

terms of section 80, 99, 198 or 217 to comply with the relevant

section;

terms of section 136(3);

(f)

(e) misappropriates money for which that person is accountable in

paragraphs:

‘‘

by the insertion after paragraph (d) of subsection (1) of the following

134(1) or 232(6);’’

(b)

(a) fails to comply with section 12(5), 12(9), 57(2), 110(1), 124, 126(1),

paragraph:

‘‘

by the substitution for paragraph (c) of subsection (1) of the following

(a)

Section 305 of the principal Act is hereby amended—

‘‘(i) the prescribed norms and standards referred to in section 83, 209 or 220

applicable to it;

(ii) other norms and standards as may be prescribed by regulation;’’.

Amendment of section 305 of Act 38 of 2005

12.

Section 304 of the principal Act is hereby amended by the insertion before

subparagraph (iii) of paragraph

(a) of subsection (3) of the following subparagraphs:

Amendment of section 304 of Act 38 of 2005

11.

fails to stop operating an unregistered child and youth care centre,

partial care facility or drop-in centre after that person has been

instructed by way of a notice of enforcement in terms of section 80,

198 or 217 to stop operating that child and youth care centre, partial

care facility or drop-in centre;

(g)

fails to stop providing early childhood development services after

that person has been instructed by way of a notice of enforcement in

terms of section 99 to stop providing those services;

(h)

directly or indirectly counsels, induces or aids any child to whom

leave of absence has been granted in terms of section 168 not to

return to the child and youth care centre or person in whose care or

temporary safe care that child has been placed, or prevents the child

from returning to that centre or person after the expiration of the

period of leave or after the cancellation of such leave;

(i)

Hague Convention on the Civil Aspects of International Child Abduction Act, 1996

(Act No. 72 of 1996)

􀁏

Guardianship Act, 1993 (Act No. 192 of 1993)

􀁏

Children’s Status Act, 1987 (Act No. 82 of 1987)

􀁏

The Child Care Act 1960 (Act No. 74 of 1983)

􀁏

The Age of Majority Act, 1972 (Act No. 57 of 1972)

book are the following:

􀁏

fically, some of the statutes pertaining to children currently on the statute

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MEMORANDUM ON THE OBJECTS OF THE CHILDREN’S

AMENDMENT BILL, 2006

LEGAL-TECHNICAL BACKGROUND OF THE BILL

This Amendment Bill contains part of the envisaged Children’s Act. The Bill that was

initially submitted to Parliament (the ‘‘consolidated Bill‘‘) dealt with the full spectrum

of protection of children in both national and provincial spheres and was to be dealt with

in terms of section 76 of the Constitution of the Republic of South Africa Act, 1996

(functional area of concurrent national and provincial legislative competence). It was

later found to be a ‘‘mixed’’ Bill, including elements to be dealt with in terms of both

section 75 (functional area of national legislative competence) and section 76 of the

Constitution.

Due to its mixed character, the Deputy Speaker of the National Assembly requested

the Executive to split the consolidated Bill, which was subsequently done. The

provisions of the consolidated Bill that will apply to the national government was passed

by Parliament during 2005 as the Children’s Act, No. 38 of 2005. The provisions of the

consolidated Bill that will apply to the provincial government is contained in the current

Amendment Bill as an amendment to the Children’s Act, 2005 (the ‘‘Children’s Act‘‘).

This Amendment Bill will be dealt with in terms of section 76 of the Constitution and

will complete the Children’s Act by inserting the provisions that deal with welfare

services as delivered by the provinces.

GENERAL BACKGROUND AND OVERVIEW

The lives of children are affected by various pieces of legislation and international

conventions. Apart from section 28 of the Constitution, which deals with the rights of

children speci

xed by the President by proclamation in the Gazette.

fi

This Act is called the Children’s Amendment Act, 2006, and takes effect on a date

of section 169;’’.

Short title and commencement

13.

remove a child in alternative care from the Republic without the

prior written approval for such removal

first being obtained in terms

(j)

To give effect to certain constitutional rights of children;

51

(b)

To promote the preservation and strengthening of families;

proclamation in the Government Gazette.

OBJECTS

The objects of the Children’s Act are:

(a)

fixed by the President by

Parliament in December 2005 and the President assented to the Children’s Act on 8 June

2006. The Children’s Act will take effect on a date

finally passed by

its report and proposed a draft Children’s Bill in January 2003.

The Department of Social Development then took the process further through close

liaison with the national Departments of Justice and Constitutional Development,

Education, Health, Labour, the South African Police Service, the provinces, national

non-governmental organisations and service providers as well as the Office on the

Rights of the Child in the Presidency. After extensive discussions in the parliamentary

committees and two rounds of public hearings, the Children’s Act was

Natural Fathers of Children born out of Wedlock Act, 1997 (Act No. 86 of 1997)

Over the past few years, it has become clear that existing legislation is not in keeping

with the realities of current social problems and no longer protects children adequately.

In addition thereto, the Republic of South Africa has acceded to various international

conventions, such as the United Nations Declaration on the Rights of the Child and the

African Charter on the Rights andWelfare of the Child, the principles of which have to

be incorporated into local legislation.

During 1997 the Minister for Social Development requested the South African Law

Reform Commission to investigate the Child Care Act, 1983 and to make recommendations

to the Minister for the reform of this particular branch of the law. After an

extensive process of research and consultation, the Law Reform Commission

finalised

􀁏

To give effect to the Republic’s obligations concerning the well-being of

children in terms of international instruments binding on the Republic;

(c)

To make provision for structures, services and means for promoting and

monitoring the sound physical, psychological, intellectual, emotional and

social development of children;

(d)

To strengthen and develop community structures which can assist in

providing care and protection for children;

(e)

To protect children from discrimination, exploitation and any other physical,

emotional or moral harm or hazards;

(f)

To provide care and protection for children who are in need of care and

protection;

(g)

Generally, to promote the protection, development and well-being of children.

The Amendment Bill further expands on the above-mentioned objects of the

Children’s Act by proposing to insert the sections that pertain to the provincial sphere of

government. The parts to be inserted may be summarised as follows:

(i)

To recognise the special needs that children with disabilities may have; and

(h)

Chapter 5 deals with partial care and the approval and registration of partial care

facilities, while chapter 6 regulates early childhood development and the approval

and registration of early childhood development programmes.

􀁏

Part 1 of chapter 7 makes further provision for the protection of children by

providing for a strategy for child protection and the reporting of children that has

been seriously abused, sexually abused or deliberately neglected. The designation

of child protection organisations is also regulated in this part of the Amendment

Bill. Part 4 of chapter 7 amongst others deals with child-headed households, the

unlawful removal or detention of children and corporal punishment.

􀁏

Chapter 11 provides for alternative care of children and chapters 12 and 13 further

expand on alternative care by respectively regulating foster care and child and

youth care centres.

􀁏

Chapter 13 determines that child and youth care centres must comply with certain

requirements, be registered, offer certain programmes to children in the care of

these centres, must have a management system and that a quality assurance process

must be carried out in respect of the centres.

􀁏

Chapter 14 regulates the establishment and registration of and norms and standards

for shelters and drop-in centres.

􀁏

Minister of Social Development in July 2006.

52

PARLIAMENTARY PROCEDURE

The Department of Social Development and the State Law Advisors are of the view

that this Amendment Bill must be dealt with by Parliament in accordance with the

procedure established by Section 76 of the Constitution.

53

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final costing report was submitted to the

􀁏

Other amendments proposed are amendments to bring the long title, regulations

provided for and the offences section in line with the amendments to be effected by this

Bill.

CONSULTATION

Apart from the broad consultation process followed by the South African Law

Reform Commission during its review of the Child Care Act, 1983, the Department of

Social Development also distributed the original consolidated Bill to national

departments, the provinces, non-governmental organisations and other service providers

for comment. The consolidated Bill was also published for general comment in the

Gazette on 13 August 2004. During the course of 2006, the Department of Social

Development consulted other national departments, the provinces and non-governmental

organisations through the holding of a series of workshops. It is also envisaged that

public hearings on the Amendment Bill will be held once the Bill is in the parliamentary

process.

FINANCIAL IMPLICATIONS FOR STATE

The Children’s Act and the proposed Amendment Bill has been through an extensive

and detailed costing process. The process involved all national and provincial

departments that play a part in the implementation of the Children’s Act and the

proposed Children’s Amendment Bill. The