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

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

3. GENERAL PROVISIONS • Definitions • Intervals of provincial profiles • Provincial profile • Strategies

4. SOCIAL CULTURAL AND RELIGIOUS PRACTICES 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

5. PARENTAL RESPONSIBILITIES AND RIGHTS AGREEMENTS • General requirements agreements • Content agreements • Mediation in disputes • Child participation

6. PARENTING PLANS: • Application for registration • Preparation with assistance by a family advocate, social worker or psychologist, after mediation by SW or other suitably qualified person • Particulars relating to the co-exercise of parental responsibilities that may be included in parenting plan • Child participation • 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 CARE • 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

9. EARLY CHILDHOOD DEVELOPMENT • Norms and standards • Apply for registration – programmes • Consider application • Skills and training • Assessment and monitoring of programmes • Functions to municipalities

10. CHILD PROTECTION SYSTEM • Norms and standards • Criteria Child Protection Organisation • Quality assurance prior to withdrawal of designation • Report of abuse and deliberate neglect, DCPO • Request for removal of offender • Risk assessment framework • Criteria for determining suitable persons to investigate CA&N • Powers and duties of suitable persons • 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 • Inquiries on information in Part A Director-General

12. NATIONAL CHILD PROTECTION REGISTER PART B: • Content of Part B • 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. Findings to be reported to DG • 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. • Establishment of information in Part B; employer • Removal of name from Register • Updating of information in Part B

14. PROTECTIVE MEASURES RELATING TO HEALTH OF CHILDREN • Consent by Minister to medical treatment of/or surgical operation in certain circumstances • Consent by a child to the performance of a surgical operation • 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 • Duties of supervising adult in relation to child headed household • 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 • Removal of child to temporary safe care and review of detention. • Child before Children’s Court to decide if child is in need of care and protection. • Report by designated SW • Abandoned or orphaned child; advertise in national and local newspaper

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

19. FOSTER CARE • Responsibilities of foster parents • Rights of foster parents • Participation in training programmes • Notice of adoption of foster child • HOD to respond to certain applications • Foster Care plans

20. CLUSTER FOSTER CARE • Registration • Requirements for organisations to operate cluster foster care schemes • Requirements for scheme • Contents of written plan, agreement or articles of association • Function of cluster foster care scheme • Death of children in foster care or in cluster foster care

21. CHILD AND YOUTH CARE CENTRES • Norms and standards • Rights of children • Access to health, schooling and education • Behavior management • Reportable incidents • Complaints • Reception of children • Register of children • Separate files for children • Notice of movement • Application for registration • Notice of application • Consideration of application • Skills • Amendment of registration • Appointment of management board • Procedures of management board • Responsibilities of management board • Children’s forum • Appointment personnel • Management system • Constitution • Quality assurance

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

23. ADOPTIONS 111Register 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

24. 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

25. CHILD TRAFFICKING 142 Prohibition 143 Repatriation