Child Care and Protection Act 3 of 2015

Child Care and Protection Act 3 of 2015 Chapter 16 Ministry of Gender Equality and Child Welfare Legal Assistance Centre

Overview l If a child is placed inalternative care by court order, the children’s court may order the child’s parents – or other persons who bear legal liability for the child’s maintenance– to pay a contribution towards the child’s care, if they have the means to do so. l This rule on reimbursement also applies to certain other costs of State intervention to assist a child. l A contribution order is similar to a maintenance order, but it is designed to reimburse the State for the costs incurred in assisting children in need in terms of the Act.

1. What is a contribution order? A contribution order is a children’s court order which requires a parent or some other person who is legally responsible for maintaining a childto contribute to the costs incurred in assisting a child who is provided with protective services. It is similar to a maintenance order.

What does it cover? Reimbursement for four categories of State costs Alternative care Care/services for child temporarily removed from family State maintenance grants Short-term emergency aid

How is it paid? A contribution order must instruct a respondent to pay a lump sum or regular payments. It cannot cover contributions in kind.

2. Procedure Who is legally liable? l duty of maintenance falls first and foremost on the parents l extends to other ancestors (eg grandparents) if parent cannot maintain l can extend to other blood relatives as last resort

What court? • where the respondent lives, work or carries on business • where the child ordinarily lives • where the child has been placed in terms of a court order l These rules are different from the ordinary rules on children’s court jurisdiction. l If a child is placed in alternative care, the court will often make a contribution order at the same time.

Request for contribution order A children’s court may issue a contribution order - • on the recommendation of a social worker OR • on the court’s own initiative. The court will issue a summons to the respondent if he or she is not already in court when the issue of a contribution order arises.

Terms of contribution order A contribution order must state 3 things: 1. who must pay 2. what amounts must be paid • WHO: the respondent • AMOUNTS: a lump sum or regular payments, NOT contributions in kind • TO WHOM: a State officer specified by the court, NOT directly to child or child’s care-giver 3. to whom the payments must be paid

Duration of contribution order l START DATE: from date of order, or from an earlier or later date ¡ but NOT from a date before the situation which created the costs arose (eg before the child was placed in alternative care) l END DATE: flexible ¡ but NOT from a date after the situation which created the costs has ended (eg after the child is returned to the family) ¡ usually only for children under age 18, unless child is completing education or has a chronic illness or disability

Notice • Clerk of the children’s court must arrange for certified copy of the contribution order to be served on the respondent (if respondent is not present in court at the time). • Copies must also be sent to Minister and social worker involved. Appeals • Right to appeal to High Court against children’s court decision to grant or refuse contribution order.

Change of address or work • Respondent must inform the court of change of residential address or place of work. • Penalty for failure to do so: fine of up to N$2000.

3. Enforcement 1. Attachment of wages: regardless of whether or not respondent has defaulted 2. Criminal offence: N$4000 or 12 months imprisonment or both 3. Execution against property: only after conviction for default

4. Change or cancellation • Children’s court may vary, suspend or rescind a contribution order, or revive the order after it has been rescinded • On application by social worker (on behalf of child) OR respondent • Process similar to procedure for initial contribution order.

5. Costs • Police may not charge any fees for service of documents for contribution orders. • No court fees are allowed. • If respondent’s property is attached, cost of execution must be paid out of sale of property. Contribution order proceedings are designed primarily to generate money to reimburse the State for child protection expenditures, so charging fees for obtaining such orders would be counterproductive. ***