CHILDRENS ACT AS AMENDED REGULATIONS The Select Committee

CHILDRENS ACT AS AMENDED REGULATIONS The Select Committee on Social Services 11 November 2008 1

Introduction Draft Regulations – Norms and Standards • • • Partial Care Early Childhood Development programmes Child Protection Prevention and early intervention programmes Child and youth care centres Drop-in centres – Forms 1 - 79 2

GENERAL PROVISIONS 1 2 Definitions Intervals of provincial profiles – – Provincial profile Strategies 3

SOCIAL CULTURAL AND RELIGIOUS PRACTICES 3 4 5 6 7 8 9 Virginity testing Consent to undergo a virginity test Manner of conducting virginity test Suitability of persons to perform virginity tests Disclosure of results Good practise guidelines and fees by Health Male circumcision Consent Religious to include cultural and traditional 4

PARENTAL RESPONSIBILITIES AND RIGHTS AGREEMENTS 10 11 12 13 General requirements agreements Content agreements Mediation in disputes Child participation 5

PARENTING PLANS: 14 Application for registration 15 Preparation with assistance by a family advocate, social worker or psychologist, after mediation by SW or other suitably qualified person 16 Particulars relating to the co-exercise of parental responsibilities that may be included in parenting plan 17 Child participation 18 Requirements for suitable persons qualified to mediate disputes. 6

4/19 Medical information concerning genetic parents of child born out of artificial fertilisation, surrogacy – Counselling 7

PARTIAL CARE 20 21 22 23 24 25 26 27 28 Categories (types) of partial care facilities Exemption from registration Norms and standards Apply for registration Consider application Management; register, files, reports Staff; skills Closure Assignment of functions to municipalities; needs assessment and able to render services 8

EARLY CHILDHOOD DEVELOPMENT 29 Norms and standards 30 Apply for registration – programmes 31 Consider application 32 Skills and training 33 Assessment and monitoring of programmes 34 Functions to municipalities 9

CHILD PROTECTION SYSTEM 35 Norms and standards 36 Criteria Child Protection Organisation 37 Quality assurance prior to withdrawal of designation 38 Report of abuse and deliberate neglect, DCPO 39 Request for removal of offender 40 Risk assessment framework 41 Criteria for determining suitable persons to investigate CA&N 42 Powers and duties of suitable persons 43 Conditions for examination or assessment and consent by child. 10

NATIONAL CHILD PROTECTION REGISTER PART A: 44 Content of Part A Notified in writing Form 25 45 Inquiries on information in Part A Director-General 11

NATIONAL CHILD PROTECTION REGISTER PART B: 46 Content of Part B 47 Finding persons unsuitable to work with children Court, Forum established or recognised by law in any disciplinary proceedings concerning the conduct of what person relating to a child 12

48 Findings to be reported to DG 49 Consequences to entry of name in Part B; such person may not be employed in any situation working with children or become a guardian or care giver. 50 Establishment of information in Part B; employer 51 Removal of name from Register 52 Updating of information in Part B 13

PROTECTIVE MEASURES RELATING TO HEALTH OF CHILDREN 53 Consent by Minister to medical treatment of/or surgical operation in certain circumstances 54 Consent by a child to the performance of a surgical operation 55 Consent to a surgical operation of a child where parent is a child below 18 years; assisted by parent or guardian 14

OTHER PROTECTIVE MEASURES 56 Duties of supervising adult in relation to child headed household 57 Accountability of supervising adult regarding administration of money. 15

PREVENTION AND EARLY INTERVENTION 58 Norms and standards 16

CHILDREN IN NEED OF CARE AND PROTECTION 59 Removal of child to temporary safe care and review of detention. 60 Child before Children’s Court to decide if child is in need of care and protection. 61 Report by designated SW 62 Abandoned or orphaned child; advertise in national and local newspaper 17

ALTERNATIVE CARE 63 Approval of person, facility, place or premises for temporary safe care by HOD and criteria for approval 64 Limitations and conditions for leave of absence of child from alternative care 65 Fees payable to CYCC or person upon transfer 66 Procedures before transfer of child from alternative care 67 Procedures before discharge of child 68 Manner in which children must be transferred if residential care programme changed, be removed or discharged. 69 Extensions of alternative care beyond 18 years 18

FOSTER CARE 70 Responsibilities of foster parents 71 Rights of foster parents 72 Participation in training programmes 73 Notice of adoption of foster child 74 HOD to respond to certain applications 75 Foster Care plans 19

CLUSTER FOSTER CARE 76 Registration 77 Requirements for organisations to operate cluster foster care schemes 78 Requirements for scheme 79 Contents of written plan, agreement or articles of association 80 Function of cluster foster care scheme 81 Death of children in foster care or in cluster foster care 20

CHILD AND YOUTH CARE CENTRES 82 Norms and standards 83 Rights of children 84 Access to health, schooling and education 85 Behavior management 86 Reportable incidents 87 Complaints 88 Reception of children 89 Register of children 90 Separate files for children 91 Notice of movement 92 Application for registration 93 Notice of application 94 Consideration of application 95 Skills 96 Amendment of registration 97 Appointment of management board 98 Procedures of management board 99 Responsibilities of management board 100 Children’s forum 101 Appointment personnel 102 Management system 103 Constitution 104 Quality assurance 21

DROP- IN CENTRES 105 Norms and standards 106 Application for registration 107 Consideration of application 108 Management 109 Persons rendering services at drop-in centre's 110 Functions to municipalities 22

ADOPTIONS 111 Register on Adoptable Children and prospective Adoptive Parents 112 Applications for adoption of children 113 Consent to adoption 114 Determination of age of child 115 Abandonment of a child 116 Post adoption agreements 117 Freeing orders 118 Record adoption proceedings 119 Adoption register 120 Adoption record book 121 Registration of adoptions 122 Appeal against rescission order 123 Access to proceedings and the disclosure of information 124 Fees 125 Accreditation 126 Advertisements 127 Guidelines 23

INTERCOUNTRY ADOPTIONS 128 Accreditation 129 Report on applicant 130 Report on child in Republic/convention country 131 Adoption order 132 Withdrawal of consent 133 Report on person in non-convention country 134 Report on child in Republic/non convention country 135 Adoption order 136 Withdrawal of consent 137 Application for adoption from convention country 138 Application for adoption from non-convention country 139 Declaration of recognition 140 Declaration of non-recognition 141 Guidelines – Director-general 24

CHILD TRAFFICKING 142 Prohibition 143 Repatriation 25