1

CHILDRENS ACT AS AMENDED

REGULATIONS

The Select Committee on Social Services

11 November 2008

2

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

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GENERAL PROVISIONS

1 Definitions2 Intervals of provincial profiles

– Provincial profile– Strategies

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SOCIAL CULTURAL AND RELIGIOUS PRACTICESVirginity testing

3 Consent to undergo a virginity test4 Manner of conducting virginity test5 Suitability of persons to perform virginity tests6 Disclosure of results7 Good practise guidelines and fees by Health

Male circumcision8 Consent9 Religious to include cultural and traditional

5

PARENTAL RESPONSIBILITIES AND RIGHTS AGREEMENTS

10 General requirements agreements11 Content agreements12 Mediation in disputes13 Child participation

6

PARENTING PLANS:

14 Application for registration15 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 participation18 Requirements for suitable persons qualified to

mediate disputes.

7

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

– Counselling

8

PARTIAL CARE20 Categories (types) of partial care facilities21 Exemption from registration22 Norms and standards23 Apply for registration24 Consider application25 Management; register, files, reports26 Staff; skills27 Closure28 Assignment of functions to municipalities;

needs assessment and able to render services

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EARLY CHILDHOOD DEVELOPMENT29 Norms and standards30 Apply for registration – programmes31 Consider application32 Skills and training33 Assessment and monitoring of

programmes34 Functions to municipalities

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CHILD PROTECTION SYSTEM35 Norms and standards36 Criteria Child Protection Organisation37 Quality assurance prior to withdrawal of

designation38 Report of abuse and deliberate neglect, DCPO39 Request for removal of offender40 Risk assessment framework41 Criteria for determining suitable persons to

investigate CA&N42 Powers and duties of suitable persons43 Conditions for examination or assessment and

consent by child.

11

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

12

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

13

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

14

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

15

OTHER PROTECTIVE MEASURES

56 Duties of supervising adult in relation to child headed household

57 Accountability of supervising adult regarding administration of money.

16

PREVENTION AND EARLY INTERVENTION

58 Norms and standards

17

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

18

ALTERNATIVE CARE63 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 transfer66 Procedures before transfer of child from

alternative care67 Procedures before discharge of child68 Manner in which children must be transferred if

residential care programme changed, be removed or discharged.

69 Extensions of alternative care beyond 18 years

19

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

20

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

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CHILD AND YOUTH CARE CENTRES82 Norms and standards83 Rights of children84 Access to health, schooling and education85 Behavior management86 Reportable incidents87 Complaints88 Reception of children89 Register of children90 Separate files for children91 Notice of movement92 Application for registration93 Notice of application94 Consideration of application95 Skills96 Amendment of registration97 Appointment of management board98 Procedures of management board99 Responsibilities of management board100 Children’s forum101 Appointment personnel102 Management system103 Constitution104 Quality assurance

22

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

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ADOPTIONS111Register on Adoptable Children and prospective Adoptive Parents112 Applications for adoption of children 113 Consent to adoption114 Determination of age of child115 Abandonment of a child116 Post adoption agreements117 Freeing orders118 Record adoption proceedings119 Adoption register120 Adoption record book121 Registration of adoptions122 Appeal against rescission order123 Access to proceedings and the disclosure of information124 Fees125 Accreditation126 Advertisements127 Guidelines

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INTERCOUNTRY ADOPTIONS128 Accreditation129 Report on applicant130 Report on child in Republic/convention country131 Adoption order132 Withdrawal of consent133 Report on person in non-convention country134 Report on child in Republic/non convention country135 Adoption order136 Withdrawal of consent137 Application for adoption from convention country138 Application for adoption from non-convention country139 Declaration of recognition140 Declaration of non-recognition141 Guidelines – Director-general

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CHILD TRAFFICKING

142 Prohibition

143 Repatriation