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
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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