Amendments Input October 2011

1. Amendments Input October 2011 2011

2. Index • Introduction and purpose of presentation • National Adoption Coalition • Challenges experienced • Overview Adoption process/Timeframe • Proposed RACAP policy and guidelines • Amendment Input: Children’s Act • Amendment Input: Regulations

3. The National Adoption Coalition • On the 16th & 17 March 2011, 131 members of the adoption community met in Johannesburg to discuss and agree the development of a National Adoption Coalition of SA. • Representation was diverse including: • Adoption organisations • Department of Social Development (National & Regional) • Social Workers • Legal/Justice • Associated organisations e.g. Childline • Adoptive parents etc. • It was agreed that a National Adoption Coalition should be formed and 8 representatives were elected and tasked to do this.

4. The Role of the NAC • The National Adoption Coalition as defined its role as: • To promote and build awareness and understanding of adoption. • To build partnerships and collaboration across the community. • To share best practice and build capacity (training & development), in support of DSD’s efforts in this area. • To lobby government and regulators on behalf of the industry • To support DSD in their regulation of industry standards and code of conduct, as a mediator and champion. To lead the change needed in our society, in taking responsibility for our children through embracing a culture of adoption

5. Summary and Implication ofKey Challenges in the adoption field • CHALLENGES IN LEGAL • FINALIZATION • Different interpretations of the Act and Regulations, i.e. advertisements • Lack of training of Presiding Officers and adoption clerks • CHALLENGES IN FORMAL • SYSTEM • Time frame for Provincial letters • Article 17 – delay in process • Lack of guidelines on using RACAP • Poor communication between adoption role players and DSD Huge delays in Adoption finalization • ORGANISATIONAL AND • FINANCIAL CONSTRAINTS • Accreditation process • Funding of service providers • Lack of subsidy to C&CYCC’s • Advertisement costs • IMPLICATION ON SERVICES: • Decline in number of adoptions (stats) • Unprofessional and unethical practises in relation to birth parents • Time frame in baby homes – survey has shown average of 1 year • Additional medical costs due to delays • Bonding risks due to age at placement • Loose experiences adoption social workers • CPO’s under financial strain

6. Analysing RACAP – 7 October 2011

7. Legal Process/Age Flowchart Adoptability 90 days RACAP 60 days Administration Admission Courtdelays Provincial letter 14 days National match Reffered Intercountry match Abandoned Articel 17 21 days Placement Propose DATE OF BIRTH 6/7Months old Courtdelays Consent Provincial letter 14 days National match Placement RACAP 60 days 5/6Months old Consent 60 days Adds for dad 90 days Articel 17 21 days Intercountry match Propose

9. Proposed Guidelines for RACAP • The National Adoption Coalition compiled proposed guidelines on the operational management of the Register taking the following into account: Section 7: Best interest of the child Norms and standards for good adoption practice: Part III, 8 Practice guidelines to Intercountry adoptions Practice guidelines on Intercountry adoptions Good adoption practice: From an adoption social worker’s perspective and experience • The guidelines should promote efficient networking amongst adoption role players and DSD in an effort to find local parents, without unnecessary delaying placement • It is proposed that a workshop be arranged with DSD to finalize guidelines as a matter of urgency

10. Thank you

11. Proposed amendments - Act

12. Proposed amendments – Act (Continue)

13. Proposed amendments – Act (Continue)

14. Proposed amendments – Regulations

15. Proposed amendments – Regulations

16. Proposed amendments – Regulations

17. Proposed New Regulations