Children’s Amendment Act, 2007

1. The following long title is substituted for the long title to the Children's Act, 2005 (hereinafter referred to as the principal Act): "To give effect to certain rights of children as contained in the Constitution; to set out principles relating to the care and protection of children; to define parental responsibilities and rights; to make further provision regarding children's courts; to provide for partial care of children; to provide for early childhood development; to provide for the issuing of contribution orders; to provide for prevention and early intervention; to provide for children in alternative care; to provide for foster care; to provide for child and youth care centres and drop-in centres; to make new provision for the adoption of children; to provide for inter-country adoption; to give effect to the Hague Convention on Inter-country Adoption; to prohibit child abduction and to give effect to the Hague Convention on International Child Abduction; to provide for surrogate motherhood; and to create certain new offences relating to children; and to provide for matters connected therewith." 4 No. 30884 GOVERNMENT GAZETTE, 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 Amendment of Table of Contents of Act 38 of 2005

2. The Table of Contents after the long title of the principal Act is hereby amended— (a) by the insertion after "75. Regulations" of the following: "CHAPTER 5 PARTIAL CARE 76 77 78 79 80 81 82 83 84 85 86 87. 88 89 90 Partial care Strategy concerning partial care Provision of partial care National norms and standards for partial care Partial care facility to be registered Application for registration and renewal of registration Consideration of application Conditional registration Cancellation of registration Notice of enforcement Appeal against and review of certain decisions Record and inspection of and provision for partial care facility Assignment of functions to municipality Serious injury, abuse or death of child in partial care facility Regulations CHAPTER 6 EARLY CHILDHOOD DEVELOPMENT 91. 92. 93. 94. 95. 96. 97. 98. 99. 100. 101. 102. 103. Early childhood development Strategy concerning early childhood development Provision of early childhood development programmes National norms and standards for early childhood development programmes Early childhood development programme to be registered Application for registration and renewal of registration Consideration of application Conditional registration Cancellation of registration Notice of enforcement Appeal against and review of certain decisions Assignment of functions to municipality Regulations"; (b) by the insertion after "PROTECTION OF CHILDREN" of the following: "Part 1 Child protection system 104. 105. 106. 107. 108. 109. 110. Strategy concerning child protection Provision of designated child protection services National norms and standards for child protection Designation of child protection organisation Existing child welfare organisation Withdrawal of designation Reporting of abused or neglected child and child in need of care and protection"; 20 25 30 35 40 45 6 No. 30884 GOVERNMENT GAZETTE, 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 (c) by the insertion after "134. Access to contraceptives" of the following: "Part 4 Other protective measures

135. Application to terminate or suspend parental responsibilities and rights

136. Consideration of application to terminate or suspend parental responsi bilities and rights

137. Child-headed household

138. Unlawful removal or detention of child

139. Unlawful taking or sending of child out of Republic

140. Child safety at place of entertainment

141. Child labour and exploitation of children"; (d) by the insertion after "142. Regulations" of the following: "CHAPTER 8 PREVENTION AND EARLY INTERVENTION

143. Prevention and early intervention programmes

144. Purposes of prevention and early intervention programmes

145. Strategy for securing prevention and early intervention programmes

146. Provision of prevention and early intervention programmes

147. National norms and standards for prevention and early intervention programmes

148. Court may order early intervention programme

149. Report to include summary of prevention and early intervention programmes"; and 10 15 20 (e) by the insertion after "166. Change of residence or work by respondent" of 25 the following: "CHAPTER 11 ALTERNATIVE CARE

167. Alternative care

168. Leave of absence

169. Child in alternative care prohibited from leaving Republic

170. Child absconding from alternative care

171. Transfer of child in alternative care

172. Change in residential care programme

173. Removal of child already in alternative care

174. Provisional transfer from alternative care

175. Discharge from alternative care

176. Remaining in alternative care beyond age of 18 years

177. Appeal against and review of certain decisions

178. Serious injury, abuse or death of child in alternative care

180. Foster care CHAPTER 12 FOSTER CARE 30 35 40 8 No. 30884 GOVERNMENT GAZETTE. 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007

98. The registration or renewal of registration of an early childhood development programme may be granted on such conditions as the provincial head of social development may determine, including condi tions— (a) specifying the type of early childhood development programme that may or must be provided in terms of the registration; (b) stating the period for which the conditional registration will remain valid; and (c) providing for any other matters that may be prescribed. Cancellation of registration 99. (1) A provincial head of social development may cancel the registration or conditional registration of an early childhood development programme by written notice to the registration holder if— (a) the programme is not run in accordance with the prescribed national norms and standards contemplated in section 94 and such other requirements as may be prescribed; (b) any condition subject to which the registration or renewal of (c) (d) registration was issued is breached or not complied with; the registration holder contravenes or fails to comply with a provision of this Act; the registration holder becomes a person who is not a fit and proper person to provide an early childhood development programme; or (e) a person who is not a fit and proper person to provide or assist in the provision of an early childhood development programme provides or assists in the provision of such a programme. (2) The provincial head of social development may in the case of the cancellation of a registration in terms of subsection (l)(a), (b), (c) or (e)— 36 No. 30884 GOVERNMENT GAZETTE, 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 (a) suspend the cancellation for a period to allow the registration holder to correct the cause of the cancellation; and (b) reinstate the registration if the registration holder corrects the cause of the cancellation within that period. (3) A provincial head of social development may assist a registration holder to comply with the prescribed national norms and standards contemplated in section 94 and such other requirements as may be prescribed or any provisions of this Act where the cancellation was due to non-compliance with those national norms and standards, requirements, conditions or provisions. (4) The cancellation of the registration or conditional registration of an early childhood development programme in terms of subsection (1) does not affect the registration or conditional registration of a partial care facility or a child and youth care centre. Notice of enforcement

100. A provincial head of social development may by way of a written notice of enforcement instruct— (a) a person operating or managing a partial care facility or a child and youth care centre which does not provide an early childhood development programme, to comply with section 93(5) within a period specified in the notice; (b) a person operating or managing a partial care facility or a child and youth care centre which does provide an early childhood development programme but of a standard that does not comply with the prescribed national norms and standards contemplated in section 94 and such other requirements as may be prescribed, to comply with those national norms and standards and other requirements within a period specified in the notice; or (c) a person who provides an early childhood development programme which does not comply with the prescribed national norms and standards contemplated in section 94 and such other requirements as may be prescribed— (i) (ii) to stop the provision of that programme; or to comply with those national norms and standards and other requirements within a period specified in the notice. Appeal against and review of certain decisions 101. (1) An applicant or a registration holder aggrieved by a decision of a provincial head of social development in terms of this chapter may lodge an appeal against that decision in the prescribed form within 90 days with the MEC for social development, who must decide the appeal within 90 days of receipt thereof. (2) An applicant or a registration holder that is not satisfied with the outcome of an appeal referred to in subsection (1) may apply to the competent division of the High Court to review that decision. Assignment of functions to municipality 10 20 25 30 35 40 45 102. (1) The provincial head of social development may, by written agreement with a municipality, assign the performance of some or all of the functions contemplated in sections 95, 96, 97, 98, 99 and 100 to the municipal manager if the provincial head of social development is satisfied that the municipality complies with the prescribed requirements with 50 regard to the capacity of that municipality to perform the functions concerned. 38 No. 30884 GOVERNMENT GAZETTE, 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 (2) Tire agreement must be in the prescribed form and contain the prescribed particulars. (3) The municipal manager referred to in subsection (1) may delegate any power or duty assigned to him or her in terms of this section to a social service professional in the employ of the municipality. (4) A delegation in terms of subsection (3)— (a) is subject to any limitations, conditions and directions which the municipal manager may impose; (b) must be in writing; and (c) does not divest the municipal manager of the responsibility concern ing the exercise of the power or the performance of the duty. (5) The municipal manager may— (a) confirm, vary or revoke any decision taken in consequence of a delegation in terms of this section, subject to any rights that may have accrued to a person as a result of the decision; and (b) at any time withdraw a delegation. (6) An applicant or a registration holder aggrieved by a decision of an official in the employ of a municipality in terms of this chapter may lodge an appeal against that decision in the prescribed form within 90 days with the municipal council, who must decide on the appeal within 90 days of receipt thereof. (7) An applicant or a registration holder that is not satisfied with the outcome of an appeal lodged as contemplated in subsection (6) may apply to the competent division of the High Court to review that decision. (8) (a) The provincial head of social development must monitor the performance of the functions assigned in terms of this section. (b) The provincial head of social development may by notice in writing require the municipal manager or any other person in possession of information required by the provincial head of social development for purposes of monitoring the performance of the functions assigned by this section, to provide such information to the provincial head of social development within the period specified in the notice. (c) If, after the functions contemplated in subsection (1) had been assigned to a municipality, it appears that a particular municipality no longer has the capacity to perform some or all of the functions assigned to it, the provincial head of social development may— (i) amend the written agreement contemplated in subsection (1); or (ii) withdraw the assignment of the functions. Regulations

103. The Minister may make regulations in terms of section 306 concerning— (a) the national norms and standards that early childhood development programmes must comply with; (b) any other requirements with which early childhood development (c) (d) programmes must comply; the procedure to be followed in connection with the lodging and consideration of applications for registration in terms of this Chapter and for the renewal of such registrations; the assessment and compulsory monitoring of early childhood development programmes; and (e) any other matter necessary to facilitate the implementation of this Chapter.". 40 No. 30884 GOVERNMENT GAZETTE, 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 Amendment of chapter 7 of Act 38 of 2005

5. Chapter 7 of the principal Act is hereby amended— (a) by the insertion before Part 2 of the following Part: "Part 1 Child protection system Strategy concerning child protection 104. (1) The Minister, after consultation with interested persons and the Ministers of Education, Finance, Health and Justice and Constitutional Development and the South African Police Service, must develop a comprehensive inter-sectoral strategy aimed at securing a properly resourced, co-ordinated and managed national child protection system. (2) The MEC for social development must, within the national strategy referred to in subsection (1), provide for a provincial strategy aimed at a properly resourced, co-ordinated and managed child protection system. (3) The MEC for social development must compile a provincial profile at the prescribed intervals in order to make the necessary information available for the development and review of the strategies referred to in subsections (1) and (2). Provision of designated child protection services 105. (1) The MEC for social development must, from money appropri ated by the relevant provincial legislature, provide and fund designated child protection services for that province. (2) Designated child protection services— (a) must be managed and maintained in accordance with this Act; and (b) must comply with the prescribed national norms and standards contemplated in section 106 and such other requirements as may be prescribed. (3) Designated child protection services provided by an organ of state or a designated child protection organisation only qualify for funding from money appropriated by a provincial legislature if it complies with the prescribed national norms and standards contemplated in section 106 and such other requirements as may be prescribed. (4) Designated child protection services may be provided by— the Department; (a) (b) a provincial department of social development; and (c) a designated child protection organisation. (5) Designated child protection services include— (a) services aimed at supporting— (i) (ii) the proceedings of children's courts; and the implementation of court orders; (b) services relating to— (i) prevention services; (ii) early intervention services; (iii) the reunification of children in alternative care with their families; the integration of children into alternative care arrangements; the placement of children in alternative care; and the adoption of children, including inter-country adoptions; (iv) (v) (vi) 45 42 No. 30884 GOVERNMENT GAZETTE, 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 (c) (d) (e) the carrying out of investigations and the making of assessments, in cases of suspected abuse, neglect or abandonment of children; intervention and removal of children in appropriate cases; the drawing up of individual development plans and permanency plans for children removed, or at risk of being removed, from their family; and (f) any other social work service as may be prescribed. National norms and standards for child protection 106. (1) The Minister must determine national norms and standards for child protection by regulation after consultation with interested persons and the Ministers of Education, Finance, Health and Justice and Constitutional Development and the South African Police Service. (2) The national norms and standards contemplated in subsection (1) therapeutic programmes; must relate to the following: (a) Prevention and early intervention programmes; (b) assessment of a child; (c) (d) after-care; (e) family reunification and reintegration; (f) (g) (h) adoption services; (i) permanency plans; (j) education and information; and (k) child-headed households. foster care services; integration into alternative care; Designation of child protection organisation 107. (1) The Director-General or provincial head of social development, on written application, may designate any appropriate organisation that complies with the prescribed criteria as a child protection organisation to perform all or any specific designated child protection services in the relevant province. (2) A designation in terms of subsection (1)— (a) must be in writing; (b) may be made on such conditions as the Director-General or provincial head of social development may determine; and (c) must be made for such period as may be prescribed. (3) The Director-General or provincial head of social development may assign to a designated child protection organisation such powers and duties in terms of this Act necessary for the proper provision of designated child protection services by the organisation. (4) Sections 310 and 311 read with such changes as the context may require, apply to any assignment in terms of subsection (1). Existing child welfare organisation 108. (1) Any organisation which, when section 107 takes effect, is a designated welfare organisation within the meaning of the Child Care Act must be regarded as having been designated in terms of section 107 as a child protection organisation to perform the designated child protection services which it performed immediately before that section took effect. 44 No. 30884 GOVERNMENT GAZETTE, 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 (2) An organisation referred to in subsection (1) is regarded as a designated child protection organisation for a period of five years from the date on which section 107 takes effect, unless its designation is withdrawn in terms of section 109 before the expiry of that period. Withdrawal of designation 109. (1) The Director-General or provincial head of social development may withdraw the designation of a child protection organisation to perform any, or any specific, designated child protection service— (a) if the organisation— (i) breaches or fails to comply with any conditions subject to which the designation was made; or (ii) contravenes or fails to comply with a provision of this Act; or (b) if it is in the best interest of the protection of children. (2) Before the designation of a child protection organisation is withdrawn as contemplated in subsection (1), the Director-General or provincial head of social development, as the case may be, must conduct quality assurance in the prescribed manner of the child protection organisation concerned. Reporting of abused or neglected child and child in need of care and protection 110. (1) Any correctional official, dentist, homeopath, immigration official, labour inspector, legal practitioner, medical practitioner, midwife, minister of religion, nurse, occupational therapist, physiotherapist, psy chologist, religious leader, social service professional, social worker, speech therapist, teacher, traditional health practitioner, traditional leader or member of staff or volunteer worker at a partial care facility, drop-in centre or child and youth care centre who on reasonable grounds concludes that a child has been abused in a manner causing physical injury, sexually abused or deliberately neglected, must report that conclusion in the prescribed form to a designated child protection organisation, the provincial depart ment of social development or a police official. (2) Any person who on reasonable grounds believes that a child is in need of care and protection may report that belief to the provincial department of social development, a designated child protection organisation or a police official. (3) A person referred to in subsection (1) or (2)— (a) must substantiate that conclusion or belief to the provincial depart ment of social development, a designated child protection organisation or police official; and (b) who makes a report in good faith is not liable to civil action on the basis of the report. (4) A police official to whom a report has been made in terms of subsection (1) or (2) or who becomes aware of a child in need of care and protection must— (a) ensure the safety and well-being of the child concerned if the child's safety or well-being is at risk; and (b) within 24 hours notify the provincial department of social develop ment or a designated child protection organisation of the report and any steps that have been taken with regard to the child. 46 No. 30884 GOVERNMENT GAZETTE. 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 (5) The provincial department of social development or designated child protection organisation to whom a report has been made in terms of subsection (1), (2) or (4), must— (a) ensure the safety and well-being of the child concerned, if the child's safety or well-being is at risk; (b) make an initial assessment of the report; (c) unless the report is frivolous or obviously unfounded, investigate the (d) truthfulness of the report or cause it to be investigated; if the report is substantiated by such investigation, without delay initiate proceedings in terms of this Act for the protection of the child; and (e) submit such particulars as may be prescribed to the Director-General for inclusion in Part A of the National Child Protection Register. (6) (a) A designated child protection organisation to whom a report has been made in terms of subsection (1), (2) or (4) must report the matter to the 15 relevant provincial department of social development. (b) The provincial head of social development must monitor the progress of all matters reported to it in terms of paragraph (a). (7) The provincial department of social development or designated child protection organisation which has conducted an investigation as contem- 20 plated in subsection (5) may— (a) take measures to assist the child, including counselling, mediation, prevention and early intervention services, family reconstruction and rehabilitation, behaviour modification, problem solving and referral to another suitably qualified person or organisation; if he or she is satisfied that it is in the best interest of the child not to be removed from his or her home or place where he or she resides, but that the removal of the alleged offender from such home or place would secure the safety and well-being of the child, request a police official in the prescribed manner to take the steps referred to in section 30 153; or (b) 25 (c) deal with the child in the manner contemplated in sections 151, 152 or 155. (8) The provincial department of social development or designated child protection organisation which has conducted an investigation as contem- 35 plated in subsection (5) must report the possible commission of an offence to a police official."; (b) by the substitution for subsection (3) of section 134 of the following subsection: "(3) A child who obtains condoms, contraceptives or contraceptive 40 advice in terms of this Act is entitled to confidentiality in this respect, subject to section [105] 110,"; and (c) by the insertion after section 134 of the following Part: "Part 4 Other protective measures Application to terminate or suspend parental responsibilities and rights 135. (1) The Director-General, a provincial head of social development or a designated child protection organisation may apply to a High Court, a divorce court in divorce matters or a children's court for an order— (a) suspending for a period, terminating or transferring any or all of the parental responsibilities and rights which a specific person has in respect of a child; or 45 50 48 No. 30884 GOVERNMENT GAZETTE, 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 (b) restricting or circumscribing the exercise by that person of any or all of the parental responsibilities and rights that person has in respect of a child. (2) An application in terms of subsection (1) may be brought without the consent of a parent or care-giver of the child if the child, at the time of the application— (a) is older than seven years, and has been in alternative care for more than two years; is older than three years but not older than seven years, and has been in alternative care for more than one year; or is three years or younger, and has been in alternative care for more than six months. (b) (c) 10 (3) Section 29, read with such changes as the context may require, applies in respect of any proceedings in terms of this section. Consideration of application to terminate or suspend parental respons ibilities and rights 15

136. When considering an application referred to in section 135 the court must— (a) be guided by the principles set out in Chapters 2 and 3 to the extent that those principles are applicable to the matter before it; and take into account all relevant factors, including— (b) (i) (ii) (iii) (iv) (v) (vi) the need for the child to be permanently settled, preferably in a family environment, taking into consideration the age and stage of development of the child; the success or otherwise of any attempts that have been made to reunite the child with the person whose parental responsi bilities and rights are challenged; the relationship between the child and that person; the degree of commitment that that person has shown towards the child; whether there had been any contact between the parent and the child over the year preceding the application; and the probability of arranging for the child to be adopted or placed in another form of alternative care. Child-headed household 20 25 30 35 137. (1) A provincial head of social development may recognise a household as a child-headed household if— (a) the parent, guardian or care-giver of the household is terminally ill, has died or has abandoned the children in the household; (b) no adult family member is available to provide care for the children in 40 the household; (c) a child over the age of 16 years has assumed the role of care-giver in respect of the children in the household; and it is in the best interest of the children in the household. (d) (2) A child-headed household must function under the general supervi 45 sion of an adult designated by— (a) a children's court; or (b) an organ of state or a non-governmental organisation determined by the provincial head of social development. (3) The supervising adult must— (a) perform the duties as prescribed in relation to the household; and (b) be a fit and proper person to supervise a child-headed household. (4) A person unsuitable to work with children is not a fit and proper person to supervise a child-headed household. (5) (a) The child heading the household or the adult contemplated in subsection (2) may collect and administer for the child-headed household any social security grant or other grant in terms of the Social Assistance Act, 2004 (Act No. 13 of 2004) or other assistance to which the household is entitled. 50 55 50 No. 30884 GOVERNMENT GAZETTE, 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 (b) An adult that collects and administers money for a child-headed household as contemplated in paragraph (a) is accountable in the prescribed manner to the organ of state or the non-governmental organisation that designated him or her to supervise the household. (6) The adult referred to in subsection (2) may not take any decisions concerning such household and the children in the household without consulting— (a) (b) given the age, maturity and stage of development of the other children, the child heading the household; and also those other children. (7) The child heading the household may take all day-to-day decisions relating to the household and the children in the household. (8) The child heading the household or, given the age, maturity and stage of development of the other children, such other children, may report the supervising adult to the organ of state or non-governmental organisation referred to in subsection (2)(b) if the child or children are not satisfied with the manner in which the supervising adult is performing his or her duties. (9) A child-headed household may not be excluded from any grant, subsidy, aid, relief or other assistance or programmes provided by an organ of state in the national, provincial or local sphere of government solely by reason of the fact that the household is headed by a child. Unlawful removal or detention of child 138. (1) No person may without lawful authority or reasonable grounds— (a) remove a child from the care of a person who lawfully cares for the child; or (b) detain a child with the result that the child is kept out of the care of a person entitled to lawfully care for the child. (2) For the purposes of subsection (1) a person must be regarded as detaining a child if that person— (a) causes the child to be detained; or (b) induces the child to remain with him or her or any other person. Unlawful taking or sending of child out of Republic 139. (1) No person may take or send a child out of the Republic— (a) in contravention of an order of a court prohibiting the removal of the child from the Republic; or (b) without consent— (i) obtained in terms of section 18(5) from persons holding relevant parental responsibilities and rights in respect of that child; (ii) obtained in terms of section 169 with regard to a child in alternative care; or (iii) of a court. (2) For the purposes of subsection (1) a person must be regarded as— (a) taking a child out of the Republic if that person— (i) causes the child to be taken, or in any way assists in taking the child, out of the Republic; or (ii) causes or induces the child to accompany or to join him or her or any other person when departing from the Republic; or 52 No. 30884 GOVERNMENT GAZETTE, 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 (b) sending a child out of the Republic if that person causes the child to be sent, or in any way assists in sending the child, out of the Republic. Child safety at place of entertainment 140. (1) A person providing entertainment to children on any premises or enclosure must comply with subsection (2) if— (a) access to the premises or enclosure where the entertainment is provided requires the use of doors, stairs, escalators, lifts or other mechanical means; the majority of the people attending the entertainment are children; and the number of people, including children, who attend the entertain ment exceeds 50. (b) (c) (2) A person providing entertainment to children in the circumstances specified in subsection (1) must— (a) determine the number of people, including children, who can safely be accommodated on the premises or enclosure and each part of the premises or enclosure; (bj station a sufficient number of adult attendants to prevent more people, including children, from being admitted to the premises or enclosure, or any part of the premises or enclosure, than the number of people determined in terms of paragraph (a) for the premises or enclosure or that part of the premises or enclosure; (c) control the movement of people admitted to the premises or enclosure, or any part of the premises or enclosure, while entering or leaving the premises or enclosure or that part of the premises or enclosure; and take all reasonable precautions for the safety of the children and other people attending the entertainment. (d) (3) No alcohol or tobacco products may be sold, served or made available to children at places of entertainment. (4) If the person providing the entertainment is not the owner of the premises or enclosure where the entertainment is provided, the owner or the owner's agent must take all reasonable steps to ensure that subsections (2) and (3) are complied with. (5) (a) A person authorised by a municipality in whose area a premises or enclosure is situated where entertainment described in subsection (1) is or is to be provided, or on reasonable suspicion is or is to be provided, may enter such enclosure in order to inspect whether subsections (2) or (3) are complied with. (b) Section 304(2) and (3), read with such changes as the context may require, applies to any inspection in terms of paragraph (a). Child labour and exploitation of children 141. (1) No person may— (a) use, procure or offer a child for slavery or practices similar to slavery, including but not limited to debt bondage, servitude and serfdom, or forced or compulsory labour or provision of services; (b) use, procure, offer or employ a child for purposes of commercial sexual exploitation; (c) use, procure, offer or employ a child for trafficking; (d) use, procure or offer a child or attempt to do so for the commission of any offence listed in Schedule 1 or Schedule 2 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977); or 54 No. 30884 GOVERNMENT GAZETTE, 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 (e) use, procure, offer or employ a child for child labour. (2) A social worker or social service professional who becomes aware of— (a) any instance of a contravention of subsection (\)(a), (b), (c) or (d) must report it to a police official; and (b) any instance of child labour or a contravention of the provisions of the Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997) must report it to the Department of Labour.". Amendment of section 142 of Act 38 of 2005

6. Section 142 of the principal Act is hereby amended by the insertion in subsection (1) before paragraph (g) of the following paragraphs: "(a) prescribing criteria for determining organisations which may be designated as child protection organisations; (b) prescribing national norms and standards and codes of good practice to guide designated child protection organisations, organs of state and social workers 15 involved in the provision of designated child protection services; (c) prescribing a broad risk assessment framework to guide decision-making in the provision of designated child protection services; (d) prescribing criteria for determining suitable persons who may conduct investigations into cases of child abuse or neglect; 20 (e) prescribing the powers and responsibilities of persons contemplated in paragraph (d); (f) prescribing the conditions for the examination or assessment of children who have been abused or neglected, including the consent of the child for any such examination or assessment given the age and maturity of the child.". 25 Insertion of chapter 8 in Act 38 of 2005

7. The following chapter is hereby inserted in the principal Act after Chapter 7: CHAPTER 8 PREVENTION AND EARLY INTERVENTION Prevention and early intervention programmes 143. (1) Prevention programmes means programmes— (a) designed to serve the purposes mentioned in section 144; and (b) provided to families with children in order to strengthen and build their capacity and self-reliance to address problems that may or are bound to occur in the family environment which, if not attended to, may lead to statutory intervention. (2) Early intervention programmes means programmes— (a) designed to serve the purposes mentioned in section 144; and (b) provided to families where there are children identified as being vulnerable to or at risk of harm or removal into alternative care. Purposes of prevention and early intervention programmes 144. (1) Prevention and early intervention programmes must focus on— (a) preserving a child's family structure; (b) developing appropriate parenting skills and the capacity of parents and care-givers to safeguard the well-being and best interests of their children, including the promotion of positive, non-violent forms of discipline; 30 35 40 45 56 No. 30884 GOVERNMENT GAZETTE, 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 (c) developing appropriate parenting skills and the capacity of parents and care-givers to safeguard the well-being and best interests of children with disabilities and chronic illnesses; (d) promoting appropriate interpersonal relationships within the family; (e) providing psychological, rehabilitation and therapeutic programmes for children; (f) preventing the neglect, exploitation, abuse or inadequate supervision of children and preventing other failures in the family environment to meet children's needs; (g) preventing the recurrence of problems in the family environment that 10 may harm children or adversely affect their development; (h) diverting children away from the child and youth care system and the criminal justice system; and (i) avoiding the removal of a child from the family environment. (2) Prevention and early intervention programmes may include— (a) assisting families to obtain the basic necessities of life; (b) empowering families to obtain such necessities for themselves; (c) providing families with information to enable them to access services; (d) supporting and assisting families with a chronically ill or terminally ill family member; (e) early childhood development; and (f) promoting the well-being of children and the realisation of their full 15 20 potential. (3) Prevention and early intervention programmes must involve and promote the participation of families, parents, care-givers and children in 25 identifying and seeking solutions to their problems. Strategy for securing prevention and early intervention programmes 145. (1) The Minister, after consultation with interested persons, and the Ministers of Education, Finance, Health, Provincial and Local Government and Transport, must include in the departmental strategy a comprehensive 30 national strategy aimed at securing the provision of prevention and early intervention programmes to families, parents, care-givers and children across the Republic. (2) The MEC for social development must within the national strategy referred to in subsection (1) provide for a provincial strategy aimed at the 35 provision of properly resourced, co-ordinated and managed prevention and early intervention programmes. (3) The MEC for social development must compile a provincial profile at the prescribed intervals in order to make the necessary information available for the development and review of the strategies referred to in 40 subsections (1) and (2). Provision of prevention and early intervention programmes 146. (1) The MEC for social development must, from money appropri ated by the relevant provincial legislature, provide and fund prevention and early intervention programmes for that province. 45 (2) Prevention and early intervention programmes must— (a) be provided in accordance with this Act; and (b) comply with the prescribed national norms and standards contem plated in section 147 and such other requirements as may be prescribed. 50 58 No. 30884 GOVERNMENT GAZETTE, 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 (3) The provider of prevention and early intervention programmes only qualifies for funding contemplated in subsection (1) if the programmes comply with the prescribed national norms and standards contemplated in section 147 and such other requirements as may be prescribed. (4) The funding of prevention and early intervention programmes must be prioritised— (a) in communities where families lack the means of providing proper shelter, food and other basic necessities of life to their children; and to make prevention and early intervention programmes available to children with disabilities. (b) National norms and standards for prevention and early intervention programmes 147. (1) The Minister must determine national norms and standards for prevention and early intervention programmes by regulation after consul tation with interested persons and the Ministers of Education, Finance, Health, Provincial and Local Government and Transport. (2) The national norms and standards contemplated in subsection (1) therapeutic programmes; must relate to the following: (a) Outreach services; (b) education, information and promotion; (c) (d) family preservation; (e) skills development programmes; (f) diversion programmes; (g) temporary safe care; and (h) assessment of programmes. Court may order early intervention programme 148. (1) Before making an order concerning the temporary or permanent removal of a child from that child's family environment, a children's court may order— (a) the provincial department of social development, a designated child protection organisation, any other relevant organ of state or any other person or organisation to provide early intervention programmes in respect of the child and the family or parent or care-giver of the child if the court considers the provision of such programmes appropriate in the circumstances; or the child's family and the child to participate in a prescribed family preservation programme. (b) (2) An order made in terms of subsection (1) must be for a specified period not exceeding six months. (3) When a case resumes after the expiry of the specified period, a designated social worker's report setting out progress with early interven tion programmes provided to the child and the family, parent or care-giver of the child, must be submitted to the court. (4) After considering the report, the court may— (a) decide the question whether the child should be removed; or (b) order the continuation of the early intervention programme for a further specified period not exceeding six months. (5) Subsection (1) does not apply where the safety or well-being of the child is seriously or imminently at risk. (cid:13) 60 No. 30884 GOVERNMENT GAZETTE. 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 Report to include summary of prevention and early intervention programmes

181. Purposes of foster care

182. Prospective foster parent

183. Cluster foster care

184. Determination of placement of child in foster care

185. Number of children to be placed in foster care per household

186. Duration of foster care placement

187. Reunification of child with biological parent

188. Responsibilities and rights of foster parent

189. Termination of foster care

190. Regulations CHAPTER 13 CHILD AND YOUTH CARE CENTRES 10

181. The purposes of foster care are to— (a) protect and nurture children by providing a safe, healthy environment with positive support; (b) promote the goals of permanency planning, first towards family reunification, or by connecting children to other safe and nurturing family relationships intended to last a lifetime; and (c) respect the individual and family by demonstrating a respect for cultural, ethnic and community diversity. (cid:13) 74 No. 30884 GOVERNMENT GAZETTE, 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 Prospective foster parent 182. (1) Before a children's court places a child in foster care, the court must follow the children's court processes stipulated in Part 2 of Chapter 9 to the extent that the provisions of that Part are applicable to the particular case. (2) A prospective foster parent must— (a) be a fit and proper person to be entrusted with the foster care of the child; (b) be willing and able to undertake, exercise and maintain the responsi bilities of such care; (c) have the capacity to provide an environment that is conducive to the child's growth and development; and (d) be properly assessed by a designated social worker for compliance with paragraphs (a), (b) and (c). (3) A person unsuitable to work with children is not a fit and proper person to be entrusted with the foster care of a child. (4) Subsections (2) and (3), read with such changes as the context may require, apply to any person employed at or involved in a nonprofit organisation managing a cluster foster care scheme. Cluster foster care 183. (1) A cluster foster care scheme must be managed in the following manner: (a) The organisation operating or managing the cluster foster care scheme must be a nonprofit organisation registered in terms of the Nonprofit Organisations Act, 1997 (Act No. 71 of 1997); the organisation referred to in paragraph (a) must— (b) (i) comply with the prescribed requirements; and (ii) have been approved for providing cluster foster care by the provincial head of social development; and (c) the scheme in terms of which cluster foster care is provided must— (i) comply with the prescribed requirements; and (ii) have been registered with the provincial head of social development in the prescribed manner. (2) The management of a cluster foster care scheme must be monitored by the provincial head of social development. Determination of placement of child in foster care 184. (1) Before a children's court places a child in foster care by court order in terms of section 156, the court must consider a report by a designated social worker about— (a) (b) the cultural, religious and linguistic background of the child; and the availability of a suitable person with a similar background to that of the child who is willing and able to provide foster care to the child. (2) A child may be placed in the foster care of a person from a different cultural, religious and linguistic background to that of the child, but only if— (cid:13) 76 No. 30884 GOVERNMENT GAZETTE, 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 there is an existing bond between that person and the child; or (a) (b) a suitable and willing person with a similar background is not readily available to provide foster care to the child. Number of children to be placed in foster care per household 185. (1) Not more than six children may be placed in foster care with a single person or two persons sharing a common household, except where— (a) (b) the children are siblings or blood relations; or the court considers this for any other reason to be in the best interest of all the children. (2) More than six children may be placed in foster care in terms of a registered cluster foster care scheme. Duration of foster care placement 186. (1) A children's court may, despite the provisions of section I59(l)(a) regarding the duration of a court order, after a child has been in foster care with a person other than a family member for more than two years and after having considered the need for creating stability in the child's life, order that— (a) no further social worker supervision is required for that placement; (b) no further social worker reports are required in respect of that (c) placement; and the foster care placement subsists until the child turns 18 years, unless otherwise directed. (2) A children's court may, despite the provisions of section 159(l)fa) regarding the duration of a court order and after having considered the need for creating stability in the child's life, place a child in foster care with a family member for more than two years, extend such an order for more than two years at a time or order that the foster care placement subsists until the child turns 18 years, if— (a) (b) (c) the child has been abandoned by the biological parents; or the child's biological parents are deceased; or there is for any other reason no purpose in attempting reunification between the child and the child's biological parents; and it is in the best interest of the child. (d) (3) Despite the provisions of subsections (1) and (2), a social service professional must visit a child in foster care at least once every two years to monitor and evaluate the placement. Reunification of child with biological parent 187. (1) If a children's court placing a child in foster care is of the view that reunification between the child and the child's biological parents is possible and in the best interest of the child, the court must issue the placement order subject to conditions providing for a designated social worker to facilitate such reunification as contemplated in section \56(3)(a). (2) If the child has not been reunited with the child's biological parents two months before the expiry of the initial court order or any extension of the order, the designated social worker appointed to facilitate the reunification must submit a report to the children's court— (a) explaining why the child was not reunited with the biological parents; and (cid:13) 78 No. 30884 GOVERNMENT GAZETTE, 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 (b) recommending any steps that may be taken to stabilise the child's life. (3) The children's court considering the report may— (a) order that the designated social worker must continue facilitating the reunification; or (b) order the termination of the reunification services if there are no prospects of reunification. Responsibilities and rights of foster parent 188. (1) The foster parent of a child has those parental responsibilities and rights in respect of the child as set out in— (a) the order of the children's court placing the child in the foster care of that foster parent; the responsibilities and rights of foster parents as may be prescribed; (b) (c) an order of the children's court amending the initial order; (d) an order of court assigning parental responsibilities and rights in terms of section 23; (e) a foster care plan between the parent or guardian of the child and the foster parent; and (f) any applicable provisions of this Act. 10 15 (2) A foster parent may not take any decisions contemplated in section 3l(])(b) involving a child without giving due consideration to— (a) any views and wishes expressed by the child, bearing in mind the 20 child's age, maturity and stage of development; and (b) any views and wishes expressed by the parent or guardian of the child. (3) Notwithstanding subsection (2), an order of the children's court may give parental rights and responsibilities to a foster parent in addition to those normally necessary for a foster parent if— (a) (b) (c) family reunification is not in the best interest of the child. the child has been abandoned; the child is an orphan; or 25 (4) A children's court may in terms of section 65 monitor the suitability 30 of the placement of a child in foster care. Termination of foster care 189. (1) Foster care may be terminated by a children's court if it is in the best interest of the child. (2) Before terminating the foster care of a child, the court must take into 35 (b) (c) account all relevant factors, including— (a) the bond that exists between the child and the child's biological parent, if the biological parent reclaims care of the child; the bond that developed between— (i) (ii) the child and the foster parent; and the child and the family of the foster parent; and the prospects of achieving permanency in the child's life by— returning the child to the biological parent; (i) (ii) allowing the child to remain permanently in foster care with the foster parent; (iii) placing the child in any other alternative care; or (iv) adoption of the child. 40 45 (cid:13) 80 No. 30884 GOVERNMENT GAZETTE, 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 Regulations

190. The Minister, after consultation with the Minister for Justice and Constitutional Development where court orders are regulated, may make regulations in terms of section 306— (a) prescribing the responsibilities and rights of foster parents; (b) regulating the establishment, functioning and management of cluster foster care schemes; (c) prescribing the requirements that a nonprofit organisation must comply with to be approved for the establishment and management of a cluster foster care scheme; (d) prescribing the requirements with which a cluster foster care scheme must comply; and (e) prescribing any other matter that may be necessary to facilitate the implementation of this Chapter. CHAPTER 13 CHILD AND YOUTH CARE CENTRES Child and youth care centre 191. (1) A child and youth care centre is a facility for the provision of residential care to more than six children outside the child's family environment in accordance with a residential care programme suited for the children in the facility, but excludes— (a) a partial care facility; (b) a drop-in centre; (c) a boarding school; (d) a school hostel or other residential facility attached to a school; (e) a prison; or (f) any other establishment which is maintained mainly for the tuition or training of children other than an establishment which is maintained for children ordered by a court to receive tuition or training. (2) A child and youth care centre must offer a therapeutic programme designed for the residential care of children outside the family environ ment, which may include a programme designed for— (a) the reception, care and development of children other than in their family environment; the reception, care and development of children on a shared basis with the parent or other person having parental responsibilities; the reception and temporary safe care of children pending their placement; (b) (c) (d) early childhood development; (e) the reception and temporary safe care of children to protect them from abuse or neglect; the reception and temporary safe care of trafficked or commercially sexually exploited children; the reception and temporary safe care of children for the purpose of— (f) (g) (i) observing and assessing those children; (ii) providing counselling and other treatment to them; or (iii) assisting them to reintegrate with their families and the community; (h) the reception, development and secure care of children awaiting trial or sentence; (cid:13) 82 No. 30884 GOVERNMENT GAZETTE, 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 (i) (j) the reception, development and secure care of children with behavioural, psychological and emotional difficulties; the reception, development and secure care of children in terms of an order— (i) under the Criminal Procedure Act, 1977 (Act No. 51 of 1977); in terms of section ]56(l)(i) placing the child in a child and (ii) youth care centre which provides a secure care programme; or in terms of section 171 transferring a child in alternative care; (iii) (k) (I) the reception and care of street children; or the reception and care of children for any other purpose that may be prescribed by regulation. (3) A child and youth care centre may in addition to its residential care programmes, offer— (a) the provision of appropriate care and development of children with disabilities or chronic illnesses; therapeutic and developmental programmes; the treatment of children for addiction to dependence-producing substances; (b) (c) (d) a programme for the treatment of children with a psychiatric condition; (e) a programme to assist a person with the transition when leaving a child and youth care centre after reaching the age of 18; or (f) any other service that may be prescribed. (4) The provincial head of social development must— (a) approve any programme offered in terms of subsections (2) and (3) by a child and youth care centre; and (b) before approving a programme, authorise a suitably qualified person to assess the content of the programme. Strategy to ensure sufficient provision of child and youth care centres 192. (1) The Minister, after consultation with interested persons and the Ministers of Education, Health, Home Affairs and Justice and Constitu tional Development, must include in the departmental strategy a compre hensive national strategy aimed at ensuring an appropriate spread of child and youth care centres throughout the Republic providing the required range of residential care programmes in the various regions, giving due consideration as provided in section 11, to children with disability or chronic illness. (2) The MEC for social development must within the national strategy referred to in subsection (1) provide for a provincial strategy aimed at the establishment of an appropriate spread in the province of properly resourced, co-ordinated and managed child and youth care centres providing the required range of residential care programmes. (3) The MEC for social development must compile a provincial profile at the prescribed intervals in order to make the information available that is necessary for the development and review of the strategies referred to in subsections (1) and (2). (4) The provincial head of social development must maintain a record of all available child and youth care centres in the province concerned and of the programmes contemplated in section 191 offered by each centre. (cid:13) 84 No. 30884 GOVERNMENT GAZETTE, 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 Provision of child and youth care centres 193. (1) The MEC for social development must, from money appropri ated by the relevant provincial legislature, provide and fund child and youth care centres for that province. (2) Such child and youth care centres— (a) must be managed and maintained in accordance with this Act; and (b) must comply with— (i) (ii) the prescribed national norms and standards contemplated in section 194 and such other requirements as may be prescribed; and the structural, safety, health and other requirements of the municipality of the area in which the child and youth care centre is situated. 10 (3) An accredited organisation operating a child and youth care centre only qualifies for funding from money appropriated by a provincial 15 legislature if it complies with the prescribed national norms and standards contemplated in section 194 and such other requirements as may be prescribed. National norms and standards for child and youth care centres 194. (1) The Minister must determine national norms and standards for 20 child and youth care centres by regulation after consultation with interested persons and the Ministers of Education, Health, Home Affairs and Justice and Constitutional Development. (2) The national norms and standards contemplated in subsection (1) must relate to the following: (a) A residential care programme; (b) therapeutic programmes; (c) developmental programmes; (d) permanency plans for children; individual development plans; (e) temporary safe care; (f) (g) protection from abuse and neglect; (h) assessment of children; (i) (j) after-care; (k) access to and provision of adequate health care; (I) access to schooling, education and early childhood development; (m) security measures for child and youth care centres; and (n) measures for the separation of children in secure care programmes family reunification and reintegration; from children in other programmes. 25 30 35 40 Parti Establishment and registration of child and youth care centre Establishment of child and youth care centre by organ of state

191. Child and youth care centre

192. Strategy to ensure sufficient provision of child and youth care centres

193. Provision of child and youth care centres 15

194. National norms and standards for child and youth care centres Parti Establishment and registration of child and youth care centre

195. Establishment of child and youth care centre by organ of state

196. Existing government children's home, place of safety, secure care facility, school of industry and reform school

197. Establishment of child and youth care centre

198. Existing registered children's home and registered shelter

199. Application for registration or renewal of registration

200. Consideration of application

201. Conditional registration

202. Amendment of registration

203. Cancellation of registration

204. Notice of enforcement

205. Voluntary closure of child and youth care centre

206. Child in child and youth care centre to be closed

207. Appeal against and review of certain decisions Part 2 Operation and management of child and youth care centre

195. The MEC for social development must, from money appropriated by the relevant provincial legislature, establish and operate child and youth 45 care centres for that province. (cid:13) 86 No. 30884 GOVERNMENT GAZETTE, 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 Existing government children's home, place of safety, secure care facility, school of industry and reform school 196. (1) As from the date on which section 195 takes effect— (a) an existing state operated children's home established or deemed to have been established in terms of the Child Care Act must be regarded as having been established in terms of section 195 as a child and youth care centre providing a residential care programme referred to in section \9\(2)(a); (b) an existing state operated place of safety established or deemed to have been established in terms of the Child Care Act must be regarded as having been established in terms of section 195 as a child and youth care centre providing residential care programmes referred to in section I9l(2)(c) and (e); (c) an existing state operated secure care facility established or deemed to have been established in terms of the Child Care Act must be regarded as having been established in terms of section 195 as a child and youth care centre providing a residential care programme referred to in section I91(2)(h); (d) a government industrial school established in terms of section 33 of the Children's Protection Act, 1913 (Act No. 25 of 1913) and maintained as a school of industries in terms of the Child Care Act must be regarded as having been established in terms of section 195 as a child and youth care centre providing a residential care programme referred to in section 191(2)(7); and (e) a reformatory established in terms of section 52 of the Prisons and Reformatories Act, 1911 (Act No. 13 of 1911) and maintained as a reform school in terms of the Child Care Act must be regarded as having been established in terms of section 195 as a child and youth care centre providing a residential care programme referred to in section 191(2)(y). (2) The provincial department of education must provide education to the children in the facilities mentioned in paragraphs (d) and (e). (3) A school of industries referred to in paragraph (d) and a reform school referred to in paragraph (e) which are the responsibility of a provincial department of education on the date when this section comes into operation becomes the responsibility of a provincial department of social develop ment within two years of the commencement of this chapter. (4) All existing government children's homes, places of safety, secure care facilities, schools of industries and reform schools must be registered as child and youth care centres within two years of the commencement of this chapter. Establishment of child and youth care centre

197. Any national or provincial state department responsible for social development, municipality and accredited organisation may establish and operate a child and youth care centre provided that the centre— (a) is registered with the relevant provincial department of social development; is managed and maintained in accordance with this Act and any conditions subject to which the centre is registered; (b) (c) complies with the prescribed national norms and standards as contemplated in section 194 and such other requirements as may be prescribed; and (cid:13) 88 No. 30884 GOVERNMENT GAZETTE, 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 (d) complies with the structural, safety, health and other requirements of the municipality of the area in which the child and youth care centre is or is to be situated. Existing registered children's home and registered shelter 198. (1) As from the date on which section 197 takes effect an existing privately operated children's home registered or deemed to be registered in terms of the Child Care Act must be regarded as having been registered in terms of section 197 as a child and youth care centre providing a residential care programme mentioned in section \9l(2)(a). (2) A children's home referred to in subsection (1) is regarded to be a registered child and youth care centre for a period of five years from the date on which that subsection takes effect, unless its registration is withdrawn in terms of section 203 before the expiry of that period. (3) An existing shelter registered in terms of the Child Care Act must register as a child and youth care centre within a period of five years from the date on which this section takes effect. Application for registration or renewal of registration 199. (1) An application for registration or conditional registration of a child and youth care centre established as referred to in section 197 or for the renewal of such a registration must— (a) be lodged with the provincial head of social development in the relevant province in accordance with a prescribed procedure; (b) contain the prescribed particulars; and (c) be accompanied by— (i) a certified copy of the constitution or founding document of the child and youth care centre; (ii) a certificate issued by the municipality in which the child and youth care centre is or is to be situated certifying that the premises in which the centre is or is to be accommodated complies with all structural, safety, health and other require ments of the municipality and any applicable legislation; and (iii) any documents that may be prescribed. (2) An applicant must provide such additional information relevant to the application as the provincial head of social development may determine. (3) An application for the renewal of registration must be made at least 90 days before the registration is due to expire, but the provincial head of social development may allow a late application on good cause shown. (4) The provincial head of social development must renew the registration of a partial care facility before the expiration thereof if the application for renewal was lodged at least 90 days before the registration was due to expire as contemplated in subsection (3). Consideration of application 200. (1) The provincial head of social development must— (a) within six months of receiving the application consider an application for registration or for the renewal of registration and either refuse the application or grant the registration or renewal with or without conditions, having regard to subsection (2); (cid:13) 90 No. 30884 GOVERNMENT GAZETTE, 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT 2007 (b) issue to the applicant a certificate of registration or renewal of registration in the prescribed form if the application is granted; and (c) state in the certificate of registration the period for which the registration will remain valid. (2) When deciding an application the provincial head of social including development must take into account all relevant factors, whether— (a) the child and youth care centre complies with— (i) (ii) the prescribed national norms and standards contemplated in section 194 and such other requirements as may be prescribed; and the structural, safety, health and other requirements of the municipality in which the child and youth care centre is or is to be situated; (b) (c) the applicant is a fit and proper person to operate a child and youth care centre; the applicant has the necessary skills, funds and resources available to operate the child and youth care centre; (d) each person employed at or engaged in the child and youth care centre is a fit and proper person to assist in operating a child and youth care centre; and (e) each person employed at or engaged in the child and youth care centre has the prescribed skills to assist in operating a child and youth care centre. (3) A person unsuitable to work with children is not a fit and proper person to operate or assist in operating a child and youth care centre. (4) The provincial head of social development must consider a report of a designated social worker before deciding an application for registration or renewal of registration. (5) Notwithstanding the provisions of section 193(3) a provincial head of social development may assist the person or organisation operating a child and youth care centre to comply with the prescribed national norms and standards contemplated in section 194 and such other requirements as may be prescribed. Conditional registration

201. The registration or renewal of registration of a child and youth care centre may be granted on such conditions as the provincial head of social development may determine, including conditions— (a) specifying the type of residential care programme that may or must be provided in terms of the registration; (b) stating the period for which the conditional registration will remain valid, which may not be longer than one year; and (c) providing for any other matters that may be prescribed. Amendment of registration

202. The provincial head of social development in the relevant province may on application in the prescribed circumstances by the holder of a registration of a child and youth care centre amend the registration by written notice to that person. Cancellation of registration 203. (1) The provincial head of social development in the relevant province may cancel the registration of a child and youth care centre by written notice to the registration holder if— (cid:13) 92 No. 30884 GOVERNMENT GAZETTE, 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 (a) the centre is not maintained in accordance with— (i) the prescribed national norms and standards contemplated in section 194 and such other requirements as may be prescribed; (ii) any structural, safety, health and other requirements of the municipality in which the child and youth care centre is situated; (iii) any organisational development plan established for the centre as part of the quality assurance process in terms of section 211; or (iv) any other requirements of this Act; (b) any condition subject to which the registration or renewal of (c) (d) registration was issued is breached; the registration holder or the management of the centre contravenes or fails to comply with a provision of this Act; the registration holder becomes a person who is not a fit and proper person to operate a child and youth care centre; or (e) a person who is not a fit and proper person to assist in operating a child and youth care centre is employed at or involved in activities at the centre. (2) A person unsuitable to work with children is not a fit and proper person to operate or assist in operating a child and youth care centre. (3) The provincial head of social development may in the case of the cancellation of a registration in terms of subsection (1 )(a), (b), (c) or (e)— (a) suspend the cancellation for a period to allow the registration holder to correct the cause of the cancellation; and (b) reinstate the registration if the registration holder corrects the cause of the cancellation within that period. (4) The Director-General or a provincial head of social development may assist a registration holder to comply with— (a) the prescribed national norms and standards contemplated in section 194 and such other requirements as may be prescribed; (b) any structural, safety, health and other requirements of the municipal ity in which the child and youth care centre is situated; or (c) any provisions of the organisational development plan established for the centre in terms of the quality assurance process contemplated in section 211, where the cancellation was due to a failure to comply with those national norms and standards, requirements or process. (5) The cancellation of a registration which has not been suspended takes effect from a date specified in the notice referred to in subsection (1), which may not be earlier than 90 days from the date on which that notice was given, except if— (a) the provincial head of social development and the holder of the registration agree on an earlier date; or (b) the safety or protection of the children in the centre requires an earlier date. (6) The provincial head of social development, pending an appeal contemplated in section 207, may suspend the operation of a child and youth care centre, whether registered or not. Notice of enforcement 204. (1) A provincial head of social development may by way of a written notice of enforcement instruct— (cid:13) 94 No. 30884 GOVERNMENT GAZETTE, 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 (a) a person or organisation operating an unregistered child and youth care centre— (i) (ii) to stop operating that centre; or to apply for registration in terms of section 199 within a period specified in the notice; or (b) a person or organisation operating a registered child and youth care centre otherwise than in accordance with the provisions of this Act or any conditions subject to which the registration was issued, to comply with those provisions or conditions. (2) A person or organisation operating an unregistered child and youth care centre and who is instructed in terms of subsection (l)(a)(h) to apply for registration within a specified period may, despite the provisions of section 197 regarding the establishment of child and youth care centres, be given permission by the provincial head of social development to continue operating the centre during that period and, if that person or organisation applies for registration, until that application has been finalised. (3) The Director-General or the provincial head of social development may apply to the High Court for an order to instruct a person or organisation operating a child and youth care centre, whether registered or not, to stop operating that centre. (4) The High Court may grant an order for costs against the person or organisation referred to in subsection (3) if so requested by the Director- General or provincial head of social development. Voluntary closure of child and youth care centre

205. The holder of a registration of a child and youth care centre who voluntarily closes a child and youth care centre must— (a) give written notice to the provincial head of social development in the relevant province; and (b) surrender the certificate of registration to the provincial head of social development for cancellation. Child in child and youth care centre to be closed

206. If a child and youth care centre is to be closed as a result of the cancellation of its registration in terms of section 203 or voluntary closure of the centre in terms of section 205 every child placed in that centre must be transferred in terms of section 171. Appeal against and review of certain decisions 207. (1) An applicant or a registration holder aggrieved by a decision of a provincial head of social development in terms of this chapter may lodge an appeal against that decision in the prescribed form within 90 days with the MEC for social development, who must decide the appeal within 90 days of receipt thereof. (2) An applicant or a registration holder that is not satisfied with the outcome of an appeal lodged as contemplated in subsection (1), may apply to the competent division of the High Court to review that decision. (cid:13) 96 No. 30884 GOVERNMENT GAZETTE, 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 Part 2 Operation and management of child and youth care centre Management board 208. (1) Each child and youth care centre must have a management board consisting of no fewer than six and no more than nine members. (2) The members of a management board are appointed by— (a) (b) the MEC for social development in the relevant province in accordance with a prescribed procedure, in the case of a child and youth care centre which is operated by the province; and the registration holder in accordance with a prescribed procedure, in the case of a privately operated child and youth care centre. (3) In appointing members of the management board, equitable representation by all stakeholders, including the community in which the child and youth care centre is located, must be ensured. (4) No person unsuitable to work with children may be appointed or continue to serve as a member of a management board. (5) A management board functions in terms of the regulations, and may exercise the powers and must perform the duties conferred on it in terms of this Act. (6) The management board must create a children's forum as part of the management board to ensure the participation of resident children in the operation of the centre, taking into consideration the age, maturity and stage of development of the children. Manager and staff of child and youth care centre 209. (1) The person or organisation operating a child and youth care centre must appoint or designate— (a) a person as the manager of the centre; and (b) a sufficient number of staff or other appropriate persons to assist in operating the centre. (2) A person may be appointed or designated in terms of subsection (1) only— (a) after following an interview process as prescribed; (b) (c) if that person has the skills and training as prescribed; and if that person is a fit and proper to assist in operating a child and youth care centre. (3) A person unsuitable to work with children is not a fit and proper person to assist in operating or serving at a child and youth care centre. Management system

208. Management board

209. Manager and staff of child and youth care centre

210. Management system

211. Quality assurance process Part 3 Miscellaneous

210. A child and youth care centre must be managed— (a) in accordance with— (i) a system of management that allows for a division of responsibilities between the management board and the manager of the centre and an appropriate interaction in the exercise of those responsibilities, as may be prescribed; the organisational development plan established for the centre in terms of its quality assurance process; and (ii) (iii) any other requirements of this Act; and (b) in a manner that is conducive to implementing the residential care programme and other programmes offered at the centre. (cid:13) 98 No. 30884 GOVERNMENT GAZETTE, 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 Quality assurance process 211. (1) The provincial head of social development must ensure that a quality assurance process is conducted in respect of each child and youth care centre in the manner and at the intervals as prescribed. (2) The quality assurance process must be done in the following manner: (a) A team connected to the child and youth care centre must conduct an internal assessment of the centre; (b) a team not connected to the centre must conduct an independent assessment of the centre; (c) an organisational development plan for the centre containing the prescribed particulars must be established between the teams by agreement; and the team not connected to the centre must appoint a mentor to oversee implementation of the plan by the management of the centre. (d) (3) The management board of a child and youth care centre must without delay, after completion of the quality assurance process, submit a copy of the organisational development plan established for the centre in terms of the quality assurance process to the MEC for social development in the province. (4) A provincial head of social development may assist a child and youth care centre in conducting the quality assurance process as contemplated in subsection (1). Part 3 Miscellaneous Regulations

212. Regulations 20 25 30 35 40 10 No. 30884 GOVERNMENT GAZETTE. 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 CHAPTER 14 DROP-IN CENTRES

212. The Minister may, where appropriate after consultation with the Ministers of Education, Health and Justice and Constitutional Develop ment, in terms of section 306 make regulations prescribing— (a) the procedure to be followed in connection with the lodging and consideration of— (i) applications for registration of child and youth care centres; (ii) applications for renewal or amendment of such registrations; and (iii) objections to applications made in terms of sub-paragraphs (i) and (ii); (b) (c) the national norms and standards that child and youth care centres must comply with; the conditions with which applicants must comply before, during or after the lodging of their applications; (d) consultation processes that must be followed in connection with such applications; (e) any additional factors that must be taken into account when deciding (f) such applications; the procedure to be followed and the fees to be paid in connection with the lodging and consideration of appeals in terms of this Chapter; the format and contents of registration certificates; (g) (h) methods and procedures to enforce compliance with registration conditions; (i) matters in connection with the physical attributes, operation and management of child and youth care centres, including the number of staff appointed at or designated to a child and youth care centre; (cid:13) 100 No. 30884 GOVERNMENT GAZETTE, 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 (j) matters in connection with residential care programmes provided at child and youth care centres, including the setting of criteria for— (i) (ii) the core components of such programmes; and the implementation of such programmes; (k) the provision of programmes at child and youth care centres to meet the developmental, therapeutic and recreational needs of children; (I) an assessment of and the formulation of an individual developmental and permanency plan for each child; (m) the powers and duties of the management boards of child and youth (n) care centres; the composition of management boards, which may include represen tation for staff and residents; (o) matters relating to members of management boards, including— (i) appointment procedures; (ii) qualifications for membership; (iii) (iv) (v) term of office; filling of vacancies; and suspension or termination of membership; (p) matters relating to the functioning of management boards, including— the convening and conduct of meetings; (i) designation and functions of presiding members; (ii) (iii) quorums; and (iv) the appointment and functioning of committees of a board; (q) matters relating to training, qualifications and experience of staff of child and youth care centres; (s) (r) matters relating to the responsibilities of and interaction between the management board and the staff and residents of a child and youth care centre; the reporting responsibilities of management boards and staff to the department, person or organisation operating the child and youth care centre; the format of the constitution or founding document of a child and youth care centre and the matters to be regulated in such constitution or founding document; the rights of children in child and youth care centres; (;/) (v) management, disciplinary and other practices in child and youth care (t) centres; (w) matters in connection with quality assurance processes and organisational development plans established in terms of such processes for child and youth care centres, including— (i) (ii) (iii) (iv) (v) (vi) (vii) the composition of teams to conduct internal and independent assessments; the qualifications of team members and the remuneration payable to members of independent teams; the manner in which internal and independent assessments must be conducted; the core components of organisational development plans; the implementation, revision and amendment of such plans; the monitoring of implementation and reporting of violations of such plans; and the qualifications, functions and remuneration of mentors appointed to oversee the implementation of such plans; and (cid:13) 102 No. 30884 GOVERNMENT GAZETTE, 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 (x) any other matter that may facilitate the implementation of this Chapter. CHAPTER 14 DROP-IN CENTRES Drop-in centres 213. (1) A drop-in centre is a facility providing basic services aimed at meeting the emotional, physical and social development needs of vulner able children. (2) A drop-in centre must offer any of the following basic services: (a) Provision of food; (b) school attendance support; (c) assistance with personal hygiene; or (d) laundry services. (3) A drop-in centre may offer any of the following programmes appropriate to the developmental needs of the children attending that centre: (a) Guidance, counselling and psychosocial support; (b) social skills and life skills; (c) educational programmes; (d) recreation; (e) community services; (f) (g) primary health care in collaboration with the local health clinic; (h) reporting and referral of children to social workers or social service school holiday programmes; professionals; (i) promotion of family preservation and reunification; (j) computer literacy; (k) outreach services; and (I) prevention and early intervention. Strategy concerning drop-in centres 214. (1) The Minister, after consultation with interested persons and the Ministers of Finance, Health, Provincial and Local Government and Transport must include in the departmental strategy a strategy aimed at ensuring an appropriate spread of drop-in centres throughout the Republic, giving due consideration as provided in section 11, to children with disability or chronic illnesses. (2) The MEC for social development must— (a) maintain a record of all the registered drop-in centres in the province concerned; and (b) within the national strategy referred to in subsection (1), provide for a provincial strategy to ensure an appropriate spread of drop-in centres in the province. (3) The MEC for social development must compile a provincial profile at the prescribed intervals in order to make the information available that is necessary for the development and review of the strategies referred to in subsections (1) and (2). Provision of drop-in centres 215. (1) The MEC for social development may, from money appropri ated by the relevant provincial legislature, provide and fund drop-in centres for that province. (2) Such drop-in centres— (cid:13) 104 No. 30884 GOVERNMENT GAZETTE, 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 (a) must be managed and maintained in accordance with this Act; and (b) must comply with— (i) (ii) the prescribed national norms and standards contemplated in section 216 and such other requirements as may be prescribed; and the structural safety, health and other requirements of the municipality of the area where the drop-in centre is situated. (3) The owner or manager of a drop-in centre only qualifies for funding appropriated as contemplated in subsection (1) if the centre complies with the prescribed national norms and standards contemplated in section 216 and such other requirements as may be prescribed. (4) The funding of drop-in centres must be prioritised— (a) (b) in communities where families lack the means of providing proper shelter, food and other basic necessities of life to their children; and to make drop-in centres accessible to children with disabilities. National norms and standards for drop-in centres 216. (1) The Minister must determine national norms and standards for drop-in centres by regulation after consultation with interested persons and the Ministers of Finance, Health, Provincial and Local Government and Transport. (2) The national norms and standards contemplated in subsection (1) must relate to the following: (a) A safe environment for the children; (b) safe drinking water; (c) hygienic and adequate toilet facilities; (d) access to refuse disposal services or other adequate means of disposal of refuse; and (e) a hygienic area for the preparation of food for the children. Drop-in centres to be registered 217. (1) Any person or organisation may establish or operate a drop-in centre provided that the drop-in centre— (a) is registered with the provincial head of social development of the province where that drop-in centre is situated; is managed and maintained in accordance with any conditions subject to which the drop-in centre is registered; and (b) (c) complies with— (i) (ii) the prescribed national norms and standards contemplated in section 216 and such other requirements as may be prescribed; and the structural, safety, health and other requirements of the municipality. (2) As from the date on which this section takes effect an existing drop-in centre registered in terms of the Child Care Act must be regarded as having been registered as a drop-in centre in terms of this section. (3) A drop-in centre referred to in subsection (2) is regarded to be a registered drop-in centre for a period of five years from the date on which that subsection takes effect, unless its registration is withdrawn in terms of section 221 before the expiry of that period. (cid:13) 106 No. 30884 GOVERNMENT GAZETTE, 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 Application for registration and renewal of registration 218. (1) An application for registration or conditional registration of a drop-in centre or for the renewal of a registration must— (a) be lodged, in accordance with a prescribed procedure, with the provincial head of social development in which the drop-in centre is or will be situated; (b) contain the prescribed particulars; and (c) be accompanied by any documents as may be prescribed. (2) An applicant must provide such additional information relevant to the application as the provincial head of social development may determine. (3) An application for the renewal of registration must be made at least 90 days before the registration is due to expire, but the provincial head of social development may allow a late application on good cause shown. (4) The provincial head of social development must renew the registration of a drop-in centre before the expiration thereof if the application for renewal was lodged at least 90 days before the registration was due to expire as contemplated in subsection (3). Consideration of application 219. (1) The provincial head of social development must— (a) consider an application for registration or conditional registration or for the renewal of registration, and either reject the application or grant the registration or renewal with or without conditions, having regard to subsection (2); and issue to the applicant a certificate of registration, conditional registration or renewal of registration in the prescribed form if the application is granted. (b) (2) When considering an application, the provincial head of social including development must take into account all relevant factors, whether— (a) the drop-in centre complies with— (i) (ii) the prescribed national norms and standards contemplated in section 216 and such other requirements as may be prescribed; and the structural, safety, health and other requirements of the municipality and any other relevant legislation; (b) (c) the applicant is a fit and proper person to operate a drop-in centre; the applicant has the necessary skills, funds and resources available to operate the drop-in centre; (d) each person employed at or engaged in the drop-in centre is a fit and proper person to assist in operating a drop-in centre; and (e) each person employed at or engaged in the drop-in centre has the prescribed skills and training to assist in operating a drop-in centre. (3) A person unsuitable to work with children is not a fit and proper person to operate or assist in operating a drop-in centre. (4) The provincial head of social development must consider a report of a social service professional before deciding an application for registration, conditional registration or renewal of registration. (5) Notwithstanding the provisions of section 215(3) a provincial head of social development may assist the person or organisation operating a drop-in centre to comply with the prescribed national norms and standards contemplated in section 216 and such other requirements as may be prescribed. (cid:13) 108 No. 30884 GOVERNMENT GAZETTE, 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 Conditional registration 220. (1) The registration or renewal of the registration of drop-in centres may be granted on such conditions as the provincial head of social development may determine, including conditions— (a) specifying the type of services that may or must be provided in terms of the registration; (b) stating the period for which the conditional registration will remain valid; and (c) providing for any other matters that may be prescribed. (2) A provincial head of social development may assist a drop-in centre to comply with the prescribed national norms and standards contemplated in section 216 and such other requirements as may be prescribed. Cancellation of registration 221. (1) A provincial head of social development may cancel the registration of a drop-in centre by written notice to the registration holder if— (a) the drop-in centre is not maintained in accordance with— (i) the prescribed national norms and standards contemplated in section 216 and such other requirements as may be prescribed; and (ii) any other requirements of this Act; (b) any condition subject to which the registration or renewal of (c) (d) registration was issued is breached or not complied with; the registration holder or the management of the drop-in centre contravenes or fails to comply with any provision of this Act; the registration holder becomes a person who is not a fit and proper person to operate a drop-in centre; or (e) a person who is not a fit and proper person to assist in operating a drop-in centre is employed at or engaged in operating the drop-in centre. (2) A person unsuitable to work with children is not a fit and proper person to operate or assist in operating a drop-in centre. (3) The provincial head of social development may in the case of the cancellation of a registration in terms of subsection (l)(a), (b), (c) or (e)— (a) suspend the cancellation for a period to allow the registration holder to correct the cause of the cancellation; and (b) reinstate the registration if the registration holder corrects the cause of the cancellation within that period. (4) A provincial head of social development may assist a registration holder to comply with the prescribed national norms and standards contemplated in section 216 and such other requirements as may be prescribed. Notice of enforcement 222. (1) The provincial head of social development may by way of a written notice of enforcement instruct— (a) a person or organisation operating an unregistered drop-in centre— (i) (ii) to stop operating that drop-in centre; or to apply for registration in terms of section 217 within aperiod specified in the notice; or (b) a person or organisation operating a registered drop-in centre otherwise than in accordance with the conditions subject to which the registration was issued, to comply with those conditions. (cid:13) 110 No. 30884 GOVERNMENT GAZETTE, 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 (2) A person or organisation operating an unregistered drop-in centre and who is instructed in terms of subsection (l)faj(ii) to apply for registration within a specified period may, despite the provisions of section 217 regarding the establishment of drop-in centres, be given permission by the provincial head of social development to continue operating the drop-in centre during that period and, if that person or organisation applies for registration, until that application has been finalised. (3) The Director-General or the provincial head of social development may apply to the High Court for an order to instruct a drop-in centre, whether registered or not, to stop operating that centre. (4) The High Court may grant an order for costs against the owner or manager of the drop-in centre referred to in subsection (3) if so requested by the Director-General or provincial head of social development. Appeal against and review of certain decisions 223. (1) An applicant or a registration holder aggrieved by a decision of a provincial head of social development in terms of this chapter may lodge an appeal against that decision in the prescribed form within 90 days with the MEC for social development, who must decide the appeal within 90 days of receipt thereof. (2) An applicant or a registration holder that is not satisfied with the outcome of an appeal lodged as contemplated in subsection (1) may apply to the competent division of the High Court to review that decision. Record and inspection of and provision for drop-in centres 224. (1) A provincial head of social development must— (a) maintain a record of all available drop-in centres in its area; and (b) conduct regular inspections of drop-in centres in the province in collaboration with the municipality where the drop-in centres are situated to enforce the provisions of this Act. (2) The provincial strategy contemplated in section 214(2) must include a strategy for the provision of drop-in centres in the province, which must include measures— (a) facilitating the establishment of sufficient drop-in centres in the province; (b) prioritising those types of drop-in centres most urgently required; and (c) facilitating the identification and provision of suitable premises. Assignment of functions to municipality 225. (1) The provincial head of social development may, by written agreement with a municipality, assign the performance of some or all of the functions contemplated in sections 217, 218,219,220,221,222 and 224 to the municipal manager if the provincial head of social development is satisfied that the municipality complies with the prescribed requirements with regard to the capacity of that municipality to perform the functions concerned. (2) The agreement must be in the prescribed form and contain the prescribed particulars. (3) The municipal manager referred to in subsection (1) may delegate any power or duty assigned to him or her in terms of this section to a social service professional in the employ of the municipality. (4) A delegation in terms of subsection (3)— (a) is subject to any limitations, conditions and directions which the municipal manager may impose; (b) must be in writing; and (cid:13) 112 No. 30884 GOVERNMENT GAZETTE, 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 (c) does not divest the municipal manager of the responsibility concern ing the exercise of the power or the performance of the duty. (5) The municipal manager may— (a) confirm, vary or revoke any decision taken in consequence of a delegation in terms of this section, subject to any rights that may have accrued to a person as a result of the decision; and (b) at any time withdraw a delegation. (6) An applicant or a registration holder aggrieved by a decision of an official in the employ of a municipality in terms of this chapter may lodge an appeal against that decision in the prescribed form within 90 days with the municipal council, who must decide the appeal within 90 days of receipt thereof. (7) An applicant or a registration holder that is not satisfied with the outcome of an appeal lodged as contemplated in subsection (6) may apply to the competent division of the High Court to review that decision. (8) (a) The provincial head of social development must monitor the performance of the functions assigned in terms of this section. (b) The provincial head of social development may by notice in writing require the municipal manager or any other person in possession of information required by the provincial head of social development for purposes of monitoring the performance of the functions assigned by this section, to provide such information to the provincial head of social development within the period specified in the notice. (c) If, after the functions contemplated in subsection (1) had been assigned to a municipality, it appears that a particular municipality no longer has the capacity to perform some or all of the functions assigned to it, the provincial head of social development may— (i) amend the written agreement contemplated in subsection (1); or (ii) withdraw the assignment of the functions. Serious injury, abuse or death of child in drop-in centre 226. (1) If a child is seriously injured or abused while in a drop-in centre or following an occurrence at a drop-in centre, the person operating the drop-in centre or a person employed at the drop-in centre must immediately report such injury or abuse to the provincial head of social development, who must cause an investigation into the circumstances of the serious injury or abuse to be conducted. (2) If a child dies while in a drop-in centre or following an occurrence at a drop-in centre, the person operating the drop-in centre or a person employed at the drop-in centre must immediately after the child's death report such death to— (a) the parent, guardian or care-giver of the child, if he or she can be traced; (b) a police official; and (c) the provincial head of social development. (3) The police official must cause an investigation into the circumstances surrounding the death of the child to be conducted by the South African Police Service, unless the police official is satisfied that the child died of natural causes. (cid:13) 114 No. 30884 GOVERNMENT GAZETTE. 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 Regulations

213. Drop-in centres

214. Strategy concerning drop-in centres

215. Provision of drop-in centres

216. National norms and standards for drop-in centres

217. Drop-in centres to be registered

218. Application for registration and renewal of registration

219. Consideration of application

220. Conditional registration

221. Cancellation of registration

222. Notice of enforcement

223. Appeal against and review of certain decisions

224. Record and inspection of and provision for drop-in centres

225. Assignment of functions to municipality

226. Serious injury, abuse or death of child in drop-in centre

227. Regulations". Amendment of section 1 of Act 38 of 2005

3. Section 1 of the principal Act is hereby amended— (a) by the insertion after the definition of "adoptive parent" of the following definitions: 'after-care' means the supportive service provided by a social worker or a social service professional to monitor progress with regard to the child's developmental adjustment as part of— (a) family preservation or reunification services; (b) adoption or placement in alternative care; or (c) discharge from alternative care; 'alternative care' means care of a child in accordance with section 167; 'area', in relation to— (a) a metropolitan or local municipality, means the area for which the municipality has been established; and 20 25 30 (b) a district municipality, means those parts of the area for which the municipality has been established which do not fall within the area of a local municipality;"; 35 (b) by the insertion after the definition of "artificial fertilisation" of the following definitions: 'assessment of a child' means a process of investigating the developmental needs of a child, including his or her family environment or any other circumstances that may have a bearing on the 40 child's need for protection and therapeutic services; 'assessment of a programme' means a process, conducted by a suitably qualified person, of determining whether the provision and the content of a programme complies with prescribed national norms and standards;"; (c) by the insertion after the definition of "child" of the following definition: 45 " 'child and youth care centre' means a facility described in section 191(1);"; (d) by the insertion after the definition of "Child Care Act" of the following definition: " 'child-headed household' means a household recognised as such in 50 terms of section 137;"; (e) by the insertion after the definition of "clerk of the court" of the following definitions: " 'cluster foster care' means the reception of children in foster care in accordance with a cluster foster care scheme registered by the provincial I 55 head of social development; 12 No. 30884 GOVERNMENT GAZETTE, 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 'cluster foster care scheme' means a scheme providing for the reception of children in foster care, managed by a nonprofit organisation and registered by the provincial head of social development for this purpose;"; (f) by the insertion after the definition of "Department" of the following definitions: " 'designated child protection organisation' means an organisation designated in terms of section 107 to perform designated child protection services', 'designated child protection service' means a child protection service referred to in section 105;"; 10 (g) by the insertion after the definition of "divorce court" of the following definitions: " 'drop-in centre' means a facility referred to in section 213; 'early childhood development programme' means a programme referred to in section 91(3); 'early childhood development services' means services referred to in section 91(2); 'early intervention programme' means a programme referred to in section 143(2);"; 15 20 (h) by the insertion after the definition of "family member" of the following definitions: " 'foster care' means care of a child as described in section 180(1) and includes foster care in a registered cluster foster care scheme; 'foster parent' means a person who has foster care of a child by order of the children's court, and includes an active member of an organisation operating a cluster foster care scheme and who has been assigned responsibility for the foster care of a child;"; (i) by the insertion after the definition of "mental illness" of the following definition: 25 30 " 'midwife' means a person registered as a midwife under the Nursing Act, 1978 (Act No. 50 of 1978);"; (j) by the insertion after the definition of "Minister" of the following definition: " 'municipality' means a metropolitan, local or district municipality established in terms of section 12 of the Local Government: Municipal I 35 Structures Act, 1998 (Act No. 117 of 1998), but to the extent that a municipality may or must implement a provision of this Act in or in relation to an area which falls within the area of both a local municipality and a district municipality, "municipality" in such a provision means the relevant local municipality;"; 40 (k) by the insertion after the definition of "neglect" of the following definition: " 'nurse' means a person registered as a nurse under the Nursing Act, 1978 (Act No. 50 of 1978);"; (I) by the insertion after the definition of "parental responsibilities and rights" of the following definition: 45 " 'partial care' means partial care referred to in section 76;"; (m) by the insertion after the definition of "party" of the following definition: " 'permanency plan' means a documented plan referred to in section 157(1);"; 14 No. 30884 GOVERNMENT GAZETTE, 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT 2007 (n) by the insertion after the definition of "presiding officer" of the following definition: " 'prevention programme' means a programme referred to in section 143(1);"; (o) by the insertion after the definition of "Public Service Act" of the following 5 definition: " 'quality assurance process' means the process referred to in section 211;"; (p) by the insertion after the definition of "removal of body parts" of the following definition: 10 " 'residential care programme' means a programme described in section 191(2) which is or must be offered at a child and youth care centre;"; and (q) by the insertion after the definition of "school" of the following definition: " 'secure care' means the physical containment in a safe and healthy 15 environment— (a) of children with behavioural and emotional difficulties; and (b) of children in conflict with the law;". Insertion of chapters 5 and 6 in Act 38 of 2005

4. The following chapters are hereby inserted in the principal Act after Chapter 4: 20 CHAPTER 5 PARTIAL CARE Partial care

227. The Minister, after consultation with the Minister of Justice and Constitutional Development where review of decisions by the courts are regulated, may make regulations in terms of section 306 concerning— (a) the procedure to be followed in connection with the lodging and consideration of applications for registration in terms of this Chapter and for the renewal of registration; the different programmes and services that may be provided in terms of such registration; the procedure to be followed and the fees to be paid in connection with 10 the lodging and consideration of appeals in terms of this Chapter; the management of drop-in centres; and (d) (e) any other matter that may be necessary to facilitate the implementation (b) (c) of this Chapter.". Amendment of section 250 of Act 38 of 2005 15

11. Section 250 of the principal Act is hereby amended by the insertion after subsection (2) of the following subsection: "(3) A welfare organisation referred to in section 107 which was lawfully engaged in providing adoption services when this section took effect may, despite the provisions of subsection (1), continue with such services for a period of two 20 years without being accredited in terms of section 251 to provide adoption services, but must within that period apply for such accreditation in terms of section 251.". Amendment of section 304 of Act 38 of 2005

12. Section 304 of the principal Act is hereby amended by the insertion before subparagraph (iii) of paragraph (a) of subsection (3) of the following subparagraphs: 25 "(T) the prescribed national norms and standards referred to in section 79, 194 or 216 applicable to it; (ii) other national norms and standards as may be prescribed by regulation;". Amendment of section 305 of Act 38 of 2005

13. Section 305 of the principal Act is hereby amended— 30 (a) by the substitution for paragraph (c) of subsection (1) of the following paragraph: "(c) fails to comply with section 12(5), 12(9), 57(2), 89(1), 89(2), 110(1), 124,126(1), 134(1), 138(1), 141(1), 167(2), 178(1), 178(2), 226(1), 226(2) or 232(6);" 35 (b) by the insertion after paragraph (d) of subsection (1) of the following paragraphs: "(e) misappropriates money for which that person is accountable in (f) terms of section 137(5)(&); fails to comply with section 80(1), 95(1), 197(1) or 217(1) after that person has been instructed by way of a notice of enforcement in terms of section 85, 100, 204 or 222 to comply with the relevant section; (g) fails to stop operating an unregistered child and youth care centre, partial care facility or drop-in centre after that person has been instructed by way of a notice of enforcement in terms of section 85, 100, 204 or 222 to stop operating that child and youth care centre, partial care facility or drop-in centre; (h) fails to stop providing early childhood development programmes after that person has been instructed by way of a notice of enforcement in terms of section 100 to stop providing those programmes; 40 45 50 (cid:13) 116 No. 30884 GOVERNMENT GAZETTE, 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT. 2007 (i) directly or indirectly counsels, induces or aids any child to whom leave of absence has been granted in terms of section 168 not to return to the child and youth care centre or person in whose care or temporary safe care that child has been placed, or prevents the child from returning to that centre or person after the expiration of the period of leave or after the cancellation of such leave; remove a child in alternative care from the Republic without the prior written approval for such removal first being obtained in terms of section 169;". (j) Amendment of section 306 of Act 38 of 2005

14. Section 306 of the principal Act is hereby amended by the substitution for paragraph (a) of the following paragraph: "(a) any matter referred to in sections 90, 103, 142, 160, 179, 190, 212, 227, 253 and 280;". Short title and commencement 10 15

15. This Act is called the Children's Amendment Act, 2007, and takes effect on a date fixed by the President by proclamation in the Gazette. (cid:13)

76. Partial care is provided when a person, whether for or without reward, takes care of more than six children on behalf of their parents or care-givers during specific hours of the day or night, or for a temporary period, by agreement between the parents or care-givers and the provider of the service, but excludes the care of a child— (a) by a school as part of tuition, training and other activities provided by the school; (b) as a boarder in a school hostel or other residential facility managed as part of a school; or (c) by a hospital or other medical facility as part of medical treatment provided to the child. Strategy concerning partial care 77. (1) The Minister, after consultation with interested persons and the Ministers of Education, Finance, Health, Provincial and Local Government and Transport, must include in the departmental strategy a comprehensive national strategy aimed at ensuring an appropriate spread of partial care facilities throughout the Republic, giving due consideration as provided in section 11, to children with disabilities or chronic illnesses. (2) The MEC for social development must— (a) maintain a record of all the registered partial care facilities in the province; and 25 30 35 40 (b) within the national strategy contemplated in subsection (1), provide for a provincial strategy to ensure an appropriate spread of partial care facilities in the province. 45 16 No. 30884 GOVERNMENT GAZETTE. 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 (3) The MEC for social development must compile a provincial profile at the prescribed intervals in order to make the necessary information available for the development and review of the strategies contemplated in subsections (1) and (2). Provision of partial care 78. (1) The MEC for social development may, from money appropriated by the relevant provincial legislature, provide and fund partial care facilities and services for the province, taking into consideration the national and provincial strategies contemplated in section 77. (2) A partial care facility referred to in subsection (1)— (a) must be managed and maintained in accordance with this Act; and (b) must comply with— (i) (ii) the prescribed national norms and standards contemplated in section 79 and such other requirements as may be prescribed; and the structural safety, health and other requirements of the municipality of the area where the partial care facility is situated. (3) The owner or manager of a partial care facility or provider of a partial care service only qualifies for funding contemplated in subsection (1) if such owner, manager or provider complies with the prescribed national norms and standards contemplated in section 79 and such other require ments as may be prescribed. (4) The funding of partial care facilities must be prioritised— (a) (b) in communities where families lack the means of providing proper shelter, food and other basic necessities of life to their children; and to make facilities accessible to children with disabilities. National norms and standards for partial care 79. (1) The Minister, after consultation with interested persons and the Ministers of Education, Finance, Health, Provincial and Local Government and Transport, must determine national norms and standards for partial care by regulation. (2) The national norms and standards contemplated in subsection (1) must relate to the following: (a) A safe environment for children; (b) proper care for sick children or children that become ill; (c) adequate space and ventilation; (d) safe drinking water; (e) hygienic and adequate toilet facilities; (f) (g) access to refuse disposal services or other adequate means of disposal safe storage of anything that may be harmful to children; of refuse generated at the facility; (h) a hygienic area for the preparation of food for children; (i) measures for the separation of children of different age groups; (j) (k) the drawing up of action plans for emergencies; and the drawing up of policies and procedures regarding health care at the facility. (3) A partial care facility for children with disabilities or chronic illnesses must, in addition to the national norms and standards contemplated in subsection (1)— 18 No. 30884 GOVERNMENT GAZETTE, 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 (a) be accessible to such children; (b) provide facilities that meet the needs of such children; and (c) employ persons that are trained in and provide training to persons employed at the facility on— the needs, health and safety of such children; (i) (ii) appropriate learning activities and communication strategies for such children; and (iii) basic therapeutic interventions. (4) A partial care facility may offer programmes appropriate to the developmental needs of the children in that facility as may be prescribed. Partial care facility to be registered 80. (1) Any person or organisation may establish or operate a partial care facility provided that the facility— (a) is registered with the provincial government of the province where that facility is situated; is managed and maintained in accordance with any conditions subject to which the facility is registered; and (b) (c) complies with the prescribed national norms and standards contem plated in section 79 and such other requirements as may be prescribed. (2) The Minister may by regulation exempt any person or organisation or any category of person or organisation from the requirement to register on such conditions as may be prescribed. (3) Partial care facilities operated or managed by a national or provincial state department or by a municipality must comply with subsection (1). (4) As from the date on which this section takes effect an existing place of care registered or deemed to be registered in terms of the Child Care Act must be regarded as having been registered in terms of this section as a partial care facility. (5) A facility referred to in subsection (4) is regarded as a registered partial care facility for a period of five years from the date on which that subsection takes effect, unless its registration is cancelled in terms of section 84 before the expiry of that period. Application for registration and renewal of registration 81. (1) An application for registration or conditional registration of a partial care facility or for the reinstatement or renewal of registration must— (a) be lodged with the provincial head of social development of the province where the facility is situated in accordance with a prescribed procedure; (b) contain the prescribed particulars; and (c) be accompanied by— (i) a report by a social service professional on the viability of the application; and (ii) any documents that may be prescribed. (2) An applicant must provide such additional information relevant to the application as the provincial head of social development may determine. (3) An application for the renewal of registration or conditional registration must be made at least 90 days before the registration is due to expire, but the provincial head of social development may allow a late application on good cause shown. 20 No. 30884 GOVERNMENT GAZETTE, 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 (4) The provincial head of social development must renew the registration of a partial care facility before the expiration thereof if the application for renewal was lodged at least 90 days before the registration was due to expire as contemplated in subsection (3). Consideration of application 82. (1) The provincial head of social development must— (a) within six months of receiving the application consider an application for registration or conditional registration or for the renewal of registration and either reject the application or, having regard to subsection (2), grant the registration or renewal with or without conditions; issue to the applicant a certificate of registration or conditional registration or renewal of registration in the prescribed form if the application is granted; and (b) (c) state in the certificate of registration the period for which the registration will remain valid. (2) When considering an application the provincial head of social including development must take into account all relevant factors, whether— (a) the facility complies with the prescribed national norms and standards contemplated in section 79 and such other requirements as may be prescribed; the applicant is a fit and proper person to operate a partial care facility; the applicant has the necessary funds and resources available to provide the partial care services of the type applied for; (b) (c) (d) each person employed at or engaged in the partial care facility is a fit and proper person to assist in operating a partial care facility; and (e) each person employed at or engaged in the partial care facility has the prescribed skills and training to assist in operating that partial care facility. (3) A person unsuitable to work with children is not a fit and proper person to operate or assist in operating a partial care facility. (4) The provincial head of social development must consider the report contemplated in section 81(l)(cJ(i) of a social service professional before deciding an application for registration, conditional registration or renewal of registration. (5) Notwithstanding section 78(3) a provincial head of social develop ment may assist the owner or manager of a partial care facility to comply with the prescribed national norms and standards contemplated in section 79 and such other requirements as may be prescribed. Conditional registration

83. The registration or renewal of registration of a partial care facility may be granted on such conditions as the provincial head of social development may determine, including conditions— (a) specifying the type of partial care that may or must be provided in terms of the registration; (b) stating the period for which the conditional registration will remain valid; and (c) providing for any other matters that may be prescribed. 22 No. 30884 GOVERNMENT GAZETTE. 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 Cancellation of registration 84. (1) The provincial head of social development may cancel the registration or conditional registration of a partial care facility by written notice to the registration holder if— (a) the facility is not maintained in accordance with the prescribed national norms and standards contemplated in section 79 and such other requirements as may be prescribed; (b) any condition subject to which the registration or renewal of (c) (d) registration was issued is breached or not complied with; the registration holder or the management of the facility contravenes or fails to comply with a provision of this Act; the registration holder becomes a person who is not a fit and proper person to operate a partial care facility; or (e) a person who is not a fit and proper person to assist in operating a partial care facility is employed at or engaged in operating the facility. (2) The provincial head of social development may in the case of the cancellation of a registration in terms of subsection (\)(a), (b), (c) or (e)— (a) suspend the cancellation for a period to allow the registration holder to correct the cause of the cancellation; and (b) reinstate the registration if the registration holder corrects the cause of the cancellation within that period. (3) The provincial head of social development may assist a registration holder to comply with the prescribed national norms and standards contemplated in section 79, any requirements as may be prescribed or any provision of this Act where the cancellation was due to non-compliance with those national norms and standards, conditions, requirements or provision. Notice of enforcement 85. (1) A provincial head of social development may by way of a written notice of enforcement instruct— (a) a person or organisation operating an unregistered partial care facility— (i) (ii) to stop operating that facility; or to apply for registration in terms of section 81 within a period specified in the notice; or (b) a person or organisation operating a registered partial care facility otherwise than in accordance with the provisions of this Act or any conditions subject to which the registration was issued, to comply with those provisions or conditions. (2) A person or organisation operating an unregistered partial care facility and who is instructed in terms of subsection (l)faXii) to apply for registration within a specified period, may, despite the provisions of section 80, continue operating the facility during that period and, if that person or organisation applies for registration, until that application has been processed. (3) The Director-General or the provincial head of social development may apply to the High Court for an order to instruct a partial care facility, whether registered or not, to stop operating that facility. (4) The High Court may grant an order for costs against the owner or manager of the partial care facility referred to in subsection (3) if so requested by the Director-General or provincial head of social develop ment. 24 No. 30884 GOVERNMENT GAZETTE. 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 Appeal against and review of certain decisions 86. (1) An applicant or a registration holder aggrieved by a decision of a provincial head of social development in terms of this chapter may lodge an appeal against that decision in the prescribed form within 90 days with the MEC for social development, who must decide the appeal within 90 days of receipt thereof. (2) An applicant or a registration holder that is not satisfied with the outcome of an appeal referred to in subsection (1) may apply to the competent division of the High Court to review that decision. Record and inspection of and provision for partial care facility 87. (1) A provincial head of social development must— (a) maintain a record of all partial care facilities in the province, the types of partial care facility and the number of each type of facility; (b) compile a profile of the children in that province in the prescribed manner; and (c) conduct inspections at the prescribed intervals of partial care facilities in the province to enforce the provisions of this Act. (2) A provincial strategy contemplated in section 77(2) must include a strategy for the provision of partial care facilities in the province, which must include measures— (a) facilitating the establishment and operation of sufficient partial care facilities in that province; (b) prioritising those types of partial care facilities most urgently required; (c) and liaising with municipalities on facilitating the identification and provision of suitable premises. Assignment of functions to municipality 88. (1) The provincial head of social development may, by written agreement with a municipality, assign the performance of some or all of the functions contemplated in sections 80, 81, 82, 83, 84, 85 and 87 to the municipal manager if the provincial head of social development is satisfied that the municipality complies with the prescribed requirements with regard to the capacity of that municipality to perform the functions concerned. (2) The agreement must be in the prescribed form and contain the prescribed particulars. (3) The municipal manager referred to in subsection (1) may delegate any power or duty assigned to him or her in terms of this section to a social service professional in the employ of the municipality. (4) A delegation in terms of subsection (3)— (a) is subject to any limitations, conditions and directions which the municipal manager may impose; (b) must be in writing; and (c) does not divest the municipal manager of the responsibility concern ing the exercise of the power or the performance of the duty. (5) The municipal manager may— (a) confirm, vary or revoke any decision taken in consequence of a delegation in terms of this section, subject to any rights that may have accrued to a person as a result of the decision; and (b) at any time withdraw a delegation. 26 No. 30884 GOVERNMENT GAZETTE. 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 (6) An applicant or a registration holder aggrieved by a decision of an official in the employ of a municipality in terms of this chapter may lodge an appeal against that decision in the prescribed form within 90 days with the municipal council, who must decide the appeal within 90 days of receipt thereof. (7) An applicant or a registration holder that is not satisfied with the outcome of an appeal contemplated in subsection (6) may apply to the competent division of the High Court to review that decision. (8) (a) The provincial head of social development must monitor the performance of the functions assigned in terms of this section. (b) The provincial head of social development may by notice in writing require the municipal manager or any other person in possession of information required by the provincial head of social development for purposes of monitoring the performance of the functions assigned by this section, to provide such information to the provincial head of social development within the period specified in the notice. (c) If, after the functions contemplated in subsection (1) had been assigned to a municipality, it appears that a particular municipality no longer has the capacity to perform some or all of the functions assigned to it, the provincial head of social development may— (i) amend the written agreement contemplated in subsection (1); or (ii) withdraw the assignment of the functions. Serious injury, abuse or death of child in partial care facility 89. (1) If a child is seriously injured or abused while in partial care or following an occurrence at a partial care facility, the person operating the partial care facility or a person employed at the partial care facility must immediately report such injury or abuse to the provincial head of social development, who must cause an investigation to be conducted into the circumstances of the serious injury or abuse. (2) If a child dies while in partial care or following an occurrence at a partial care facility, the person operating the partial care facility or a person employed at the partial care facility must immediately after the child's death report such death to— (a) (b) a police official; and (c) the parent, guardian or care-giver of the child; the provincial head of social development. (3) The police official must cause an investigation into the circumstances surrounding the death of the child to be conducted by the South African Police Service, unless the police official is satisfied that the child died of natural causes. Regulations

90. The Minister may make regulations in terms of section 306 concerning— (a) (b) the national norms and standards that partial care facilities must comply with; the procedure to be followed in connection with the lodging and consideration of applications for registration in terms of this Chapter, for the renewal of such registration and for the suspension or cancellation of registration; 28 No. 30884 GOVERNMENT GAZETTE, 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 (c) (d) (e) (f) (g) (h) the different types of partial care that may be provided in terms of such registration; the period for which registration is valid; the requirements that the different types of partial care facilities have to comply with; the management of partial care facilities; the procedure to be followed with regard to the children in a partial care facility if the partial care facility is closed down; the procedure to be followed and the fees to be paid in connection with the lodging and consideration of appeals in terms of this Chapter; and 10 (i) any other matter that may be necessary to facilitate the implementation of this Chapter. CHAPTER 6 EARLY CHILDHOOD DEVELOPMENT Early childhood development 15 91. (1) Early childhood development, for the purposes of this Act, means the process of emotional, cognitive, sensory, spiritual, moral, physical, social and communication development of children from birth to school- going age. (2) Early childhood development services means services— intended to promote early childhood development; and (a) (b) provided by a person, other than a child's parent or caregiver, on a 20 regular basis to children up to school-going age. (3) An early childhood development programme means a programme structured within an early childhood development service to provide 25 learning and support appropriate to the child's developmental age and stage. Strategy concerning early childhood development 92. (1) The Minister, after consultation with interested persons and the Ministers of Education, Finance, Health, Provincial and Local Government 30 and Transport must include in the departmental strategy a comprehensive national strategy aimed at securing a properly resourced, co-ordinated and managed early childhood development system, giving due consideration as provided in section 11, to children with disabilities or chronic illnesses. (2) The MEC for social development must— (a) maintain a record of all the early childhood development programmes registered in the province; and (b) within the national strategy referred to in subsection (1), provide for a provincial strategy aimed at a properly resourced, co-ordinated and managed early childhood development system. (3) The MEC for social development must compile a provincial profile at the prescribed intervals in order to make the necessary information available for the development and review of the strategies referred to in subsections (1) and (2). 35 40 Provision of early childhood development programmes 45 93. (1) The MEC for social development may, from money appropriated by the relevant provincial legislature, provide and fund early childhood development programmes for that province. 30 No. 30884 GOVERNMENT GAZETTE. 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 (2) An early childhood development programme must— (a) be provided in accordance with this Act; and (b) comply with the prescribed national norms and standards contem plated in section 94 and such other requirements as may be prescribed. (3) The provider of an early childhood development programme only qualifies for funding contemplated in subsection (1) if such provider complies with the prescribed national norms and standards contemplated in section 94 and such other requirements as may be prescribed. (4) The funding of early childhood development programmes must be prioritised— (a) in communities where families lack the means of providing proper shelter, food and other basic necessities of life to their children; and to make early childhood development programmes available to children with disabilities. (b) (5) An early childhood development programme must be provided by— (a) a partial care facility providing partial care services for any children up to school-going age; and (b) a child and youth care centre which has in its care any children up to school-going age. (6) Any other person or organisation not disqualified in terms of section 97(3) may provide early childhood development programmes, provided that those programmes comply with the prescribed national norms and standards contemplated in section 94 and such other requirements as may be prescribed. National norms and standards for early childhood development programmes 94. (1) The Minister must determine national norms and standards for early childhood development programmes by regulation after consultation with interested persons and the Ministers of Education, Finance, Health, Provincial and Local Government and Transport. (2) The prescribed national norms and standards contemplated in subsection (1) must relate to the following: (a) The provision of appropriate developmental opportunities; (b) programmes aimed at helping children to realise their full potential; (c) caring for children in a constructive manner and providing support and security; (d) ensuring development of positive social behaviour; (e) respect for and nurturing of the culture, spirit, dignity, individuality, language and development of each child; and (f) meeting the emotional, cognitive, sensory, spiritual, moral, physical, social and communication development needs of children. (3) An early childhood development programme provided in terms of this section must be appropriate to the needs of the children to whom the programme is provided, including children with a disability, chronic illness and other special needs. Early childhood development programme to be registered 95. (1) A person or organisation providing an early childhood develop ment programme must— 32 No. 30884 GOVERNMENT GAZETTE, 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 (a) register the programme with the provincial head of social develop ment of the province where that programme is provided; (b) provide the programme in accordance with any conditions subject to which the programme is registered; and (c) comply with the prescribed national norms and standards contem plated in section 94 and such other requirements as may be prescribed. (2) The Minister may by regulation exempt any person or organisation or any category of person or organisation from the requirement to register on such conditions as may be prescribed. (3) An early childhood development programme provided by a national or provincial state department or a municipality must comply with subsection (1). Application for registration and renewal of registration 96. (1) An application for registration or conditional registration of an early childhood development programme or for the renewal of registration must— (a) be lodged with the provincial head of social development of the province where the early childhood development programme is provided in accordance with a prescribed procedure; (b) contain the prescribed particulars; and (c) be accompanied by any documents that may be prescribed. (2) An applicant must provide such additional information relevant to the application as the provincial head of social development may determine. (3) An application for the renewal of registration or conditional registration must be made at least 90 days before the registration is due to expire, but the provincial head of social development may allow a late application on good cause shown. (4) The provincial head of social development must renew the registration of an early childhood development programme before the expiration thereof if the application for renewal was lodged at least 90 days before the registration was due to expire as contemplated in subsection (3). Consideration of application 97. (1) The provincial head of social development must— (a) within six months of receiving the application consider an application for registration or conditional registration or for the renewal of registration, and either reject the application or, having regard to subsection (2), grant the registration or renewal with or without conditions; issue to the applicant a certificate of registration or conditional registration or renewal of registration in the prescribed form if the application is granted; and (b) (c) state in the certificate of registration the period for which the registration will remain valid. (2) When considering an application, the provincial head of social development must take into account all relevant factors, including whether— (a) the early childhood development programme complies with the prescribed national norms and standards contemplated in section 94 and such other requirements as may be prescribed; the applicant is a fit and proper person to provide an early childhood development programme; the applicant has the prescribed skills, training, funds and resources available to provide the early childhood development programme as applied for; and (b) (c) 34 No. 30884 GOVERNMENT GAZETTE, 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 (d) the early childhood development programme meets the emotional, cognitive, sensory, spiritual, moral, physical, social and communica tion development needs of the children to whom the programme will be presented. (3) A person unsuitable to work with children is not a fit and proper person to provide or assist in the provision of early childhood development programmes. (4) The provincial head of social development must consider the assessment referred to in subsection (6) of a suitably qualified person before deciding an application for registration, conditional registration or renewal of registration. (5) Notwithstanding the provisions of section 93(3), a provincial head of social development may assist a person providing an early childhood development programme to comply with the prescribed national norms and standards contemplated in section 94 and such other requirements as may be prescribed. (6) A provincial head of social development must authorise a suitably qualified person to assess the provision and content of an early childhood development programme in order to determine whether the programme complies with the prescribed national norms and standards contemplated in section 94 and such other requirements as may be prescribed. (7) Section 304(2) and (3), read with such changes as the context may require, applies to any assessment in terms of subsection (6). Conditional registration

149. When a report of a designated social worker is produced before a court in order to assist a court in determining a matter concerning a child, the report must contain a summary of any prevention and early intervention programmes provided in respect of that child and the family, parent or care-giver of the child.". Amendment of section 153 of Act 38 of 2005

8. Section 153 of the principal Act is hereby amended by the substitution in subsection (1) of the words preceding paragraph (a) of the following words^ "(1) A police official to whom a report contemplated in section [105] 110(1) or (2) or a request conteplated in [105] 110(7) has been made, may, if he or she is satisfied that it will be in the best interests of the child if the alleged offender is removed from the home or place where the child resides, issue a written notice which—". Amendment of section 156 of Act 38 of 2005

9. Section 156 of the principal Act is hereby amended by the insertion in subsection (1) after paragraph (e) of the following paragraph: "(f) if the child lives in a child-headed household, that the child must remain in that household subject to section 137;". Insertion of chapters 11,12,13 and 14 in Act 38 of 2005

10. The following chapters are hereby inserted in the principal Act after Chapter 10: "CHAPTER 11 ALTERNATIVE CARE Alternative care 167. (1) A child is in alternative care if the child has been placed— (a) (b) (c) in foster care; in the care of a child and youth care centre following an order of a court in terms of this Act or the Criminal Procedure Act, 1977 (Act No. 51 of 1977); or in temporary safe care. (2) A child may not be in temporary safe care or be kept or retained at any place or facility, including a registered child and youth care centre, for longer than six months without a court order placing the child in alternative care. (3) (a) The provincial head of social development must approve a person, facility, place or premises for temporary safe care in the prescribed manner. (b) A person, facility, place or premises for temporary safe care must comply with the prescribed criteria. 10 15 20 25 30 35 (4) As from the date on which this section takes effect an existing place of safety approved in terms of the Child Care Act must be regarded as having been approved as temporary safe care in terms of this section. 40 (cid:13) 62 No. 30884 GOVERNMENT GAZETTE, 18 MARCH 2008 Act No. 41, 2007 CHILDREN' S AMENDMENT ACT, 2007 Leave of absence 168. (1) Leave of absence may, subject to subsection (2) and such limitations and conditions as may be prescribed, be granted to a child in alternative care— (a) by the management of a child and youth care centre in whose care the child has been placed; (b) by the person in whose alternative care the child has been placed; and (c) by the provincial head of social development in the relevant province, in the case of a child in temporary safe care. (2) If a child has been placed in alternative care under the supervision of a designated social worker, leave of absence may only be granted with the approval of that social worker. (3) The management or person referred to in subsection (1), designated social worker or the provincial head of social development in the province may at any time cancel any leave of absence granted in terms of subsection (1). (4) In the case of foster care, the supervising designated social worker may at any time cancel any leave of absence granted in terms of subsection (1). (5) When a child's leave of absence has been cancelled, the management or person referred to in subsection (1), designated social worker or the provincial head of social development must request that the child be returned to the child and youth care centre or person, or to the place where the child is in temporary safe care. Child in alternative care prohibited from leaving Republic 169. (1) A child in alternative care may not leave the Republic without the written approval of the provincial head of social development first being obtained. (2) In granting approval in terms of subsection (1), the provincial head of social development may determine terms and conditions to protect the best interest of the child in alternative care. Child absconding from alternative care 170. (1) Any police official or designated social worker may apprehend a child in alternative care who-— (a) has absconded from the child and youth care centre or person in whose care or temporary safe care that child has been placed; or (b) has been granted leave of absence by the child and youth care centre or person in whose care or temporary safe care that child has been placed and who on cancellation or expiration of such leave of absence fails to return to that centre or person. (2) If a police official or designated social worker contemplated in subsection (1) has reasonable grounds to believe that a child is in or on certain premises, the police official or designated social worker may, without a warrant, enter and search the premises for the purpose of apprehending the child. (3) A police official referred to in subsection (1) may use such force as may be reasonably necessary to overcome any resistance against the entry or search of the premises as contemplated in subsection (1), including the breaking of any door or window of such premises: Provided that the police official shall first audibly demand admission to the premises and notify the purpose for which he or she seeks to enter such premises. (4) On apprehending a child in alternative care who has absconded or failed to return in terms of subsection (1), the police official must ensure the safety and well-being of the child concerned, if the child's safety or well-being is at risk, and notify the provincial department of social development or a designated child protection organisation of the fact that the child has been apprehended and of any steps that have been taken with regard to the child. (cid:13) 64 No. 30884 GOVERNMENT GAZETTE, 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 (5) A child so apprehended or a child who returns, of his or her own accord, to the centre or person in whose alternative care he or she was before absconding— (a) must without delay be brought before a presiding officer of a children's court; and (b) may, until brought before a presiding officer of a children's court, be kept in temporary safe care in terms of section 152. (6) When the child is brought before a presiding officer of a children's court, the presiding officer must— (a) order that the child be put in the temporary safe care of a child and youth care centre or appropriate facility or person determined by the presiding officer and kept there until the proceedings in terms of this section are completed and any order made or action taken in terms of this section is given effect to; inquire into the reasons why the child absconded from, or failed to return to the relevant child and youth care centre or person, and may for this purpose question the child; and (b) (c) order that the child— (i) be returned to that centre or person; (ii) may not be returned to that centre or person pending any action by the provincial head of social development in the relevant province in terms of subsection (8), if the presiding officer is of the opinion that there are good reasons why the child should not be returned to that centre or person; or (iii) be placed in another form of alternative care. (7) The presiding officer of the children's court must order the clerk of the children's court to— (a) report to the provincial head of social development in the relevant province the result of an inquiry in terms of subsection (6); and (b) notify the provincial head of social development of any order made in terms of subsection (6) (c). (8) When an order has been made in terms of subsection (6)fcJ(ii) the provincial head of social development may, after consideration of the report of the children's court and such inquiry as the provincial head of social development may consider necessary— (a) (b) remove the child from alternative care in terms of section 173; (c) discharge the child from alternative care in terms of section 175; or (d) order that the child be returned to the child and youth care centre or person in whose care or temporary safe care that child has been placed. transfer the child in terms of section 171; Transfer of child in alternative care 171. (1) The provincial head of social development in the relevant province may, subject to subsection (5), by order in writing transfer a child in alternative care from the child and youth care centre or person in whose care or temporary safe care that child has been placed to any other child and youth care centre or person. (2) The provincial head of social development may not transfer a child to a child and youth care centre in another province without the permission of the provincial head of social development in that province and without the prescribed financial arrangements regarding the placement being made. (cid:13) 66 No. 30884 GOVERNMENT GAZETTE. 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 (3) (a) If the provincial head of social development transfers a child in terms of subsection (1) to the care of the child's parent, guardian or former care-giver under the supervision of a designated social worker, the order must specify the requirements with which the child and that parent, guardian or former care-giver must comply. (b) If any requirement referred to in paragraph (a) is breached or not complied with, the designated social worker concerned may bring the child before a children's court, which may, after an inquiry, vary the order issued by the provincial head of social development or make a new order in terms of section 156. (4) Before the provincial head of social development issues an order in terms of subsection (1), a designated social worker must consult— (a) the child, taking into consideration the child's age, maturity and stage of development; the parent, guardian or care-giver of the child, if available; the child and youth care centre or person in whose care or temporary safe care that child has been placed; and the child and youth care centre or person to whom the child is to be transferred. (b) (c) (d) (5) If the provincial head of social development transfers a child from a secure care child and youth care centre to a less restrictive child and youth care centre or to the care of a person, the provincial head of social development must be satisfied that the transfer will not be prejudicial to other children. (6) No order in terms of subsection (1) may be carried out without ratification by a children's court if the child is transferred— (a) from the care of a person to a child and youth care centre; or (b) from the care of a child and youth care centre to a secure care or more restrictive child and youth care centre. Change in residential care programme 172. (1) The provincial head of social development in the relevant province may, subject to subsection (3), determine that— (a) a child in a child and youth care centre be released from a residential care programme; (b) another residential care programme be applied to such a child; or (c) an additional residential care programme be applied to such a child. (2) To give effect to subsection (1), the provincial head of social development may transfer the child to another child and youth care centre or to a person in terms of section 171. (3) No determination in terms of subsection (1) may be carried out without ratification by a children's court if that determination requires that a residential care programme be applied to the child, which programme— (a) (b) includes the secure care of a child; or is more restrictive than the child's current residential care programme. Removal of child already in alternative care 173. (1) The provincial head of social development in the relevant province may, in the best interest of a child at any time whilst the child is in alternative care, issue a notice directing that the child, pending any action in terms of subsection (2)— (cid:13) 68 No. 30884 GOVERNMENT GAZETTE. 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 (a) be removed from the child and youth care centre or person in whose care or temporary safe care the child is; and (b) be put in temporary safe care at a place specified in the notice. (2) The provincial head of social development must, within six months from the date on which a child has been moved and placed in temporary safe care in terms of subsection (1) and after such inquiry as the provincial head of social development may consider necessary— (a) (b) discharge the child from alternative care in terms of section 175; or issue a notice directing that the child be returned to the child and youth (c) care centre or person in whose care or temporary safe care the child was immediately before the subsection (1) notice was issued. transfer the child in terms of section 171; Provisional transfer from alternative care 174. (1) A provincial head of social development may, in the best interest of a child at any time whilst the child is in alternative care, issue a notice directing that the child be provisionally transferred from alternative care into another form of care that is not more restrictive, as from a date specified in the notice, for a trial period of not more than six months. (2) A notice of provisional transfer in terms of subsection (1) may be issued only after— (a) procedures prescribed by regulation have been followed— (i) (ii) to assess the best interest of the child; and to reunite the child with the child's immediate family or other family members, if applicable; and (b) a report on such assessment and reunification has been submitted to and considered by the provincial head of social development. (3) Provisional transfer must be managed by a designated social worker to establish the feasibility of— (a) reunification of the child with the child's immediate family or other family members; integration into another family; or (b) (c) a transfer to another child and youth care centre of any other form of placement. (4) The provincial head of social development— (a) must revoke the transfer if the child so requests and the social worker so recommends; and (b) may at the end of or at any time during the trial period confirm the child's placement or discharge the child from alternative care in terms of section 175. (5) The notice of provisional transfer shall be considered proof of eligibility for any form of state support which would have been payable if the transfer had been permanent. Discharge from alternative care 175. (1) The provincial head of social development in the relevant province may, in the best interest of a child at any time whilst the child is in alternative care, issue a notice directing that the child be discharged from alternative care as from a date specified in the notice. (cid:13) 70 No. 30884 GOVERNMENT GAZETTE, 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT, 2007 (2) A notice of discharge in terms of subsection (1) may be issued only after— (a) procedures prescribed by regulation have been carried out— to assess the best interest of the child; and to reunite the child with the child's immediate family or other family members, if applicable; and (i) (ii) (b) a report on such assessment and reunification by a designated social worker has been submitted to and considered by the provincial head of social development. (3) A notice of discharge relieves the alternative care-giver from any further responsibilities in relation to the child. Remaining in alternative care beyond age of 18 years 176. (1) A person placed in alternative care as a child is entitled, after having reached the age of 18 years, to remain in that care until the end of the year in which that person reaches the age of 18 years. (2) A provincial head of social development may on application by a person placed in alternative care as a child, allow that person to remain in that care until the end of the year in which that person reaches the age of 21 years if— (a) the current alternative care-giver is willing and able to care for that person; and (b) the continued stay in that care is necessary to enable that person to complete his or her education or training. Appeal against and review of certain decisions 177. (1) A child or person aggrieved by a decision or action in terms of this chapter may lodge an appeal against that decision in the prescribed form within 90 days with the MEC for social development, who must decide on the appeal within 90 days of receipt thereof. (2) A child or person who is not satisfied with the outcome of an appeal lodged as contemplated in subsection (1) may apply to the competent division of the High Court to review that decision. Serious injury, abuse or death of child in alternative care 178. (1) If a child in alternative care is seriously injured or abused, the management of the child and youth care centre, person or organisation in whose care or temporary safe care the child has been placed must immediately report the matter to the provincial head of social development, who must cause an investigation to be conducted into the circumstances of the serious injury or abuse. (2) If a child in alternative care dies, the management of the child and youth care centre or person in whose care or temporary safe care the child has been placed must immediately after the child's death report such death to— (a) (b) a police official; (c) (d) the provincial head of social development; and the social worker dealing with the matter. the parent or guardian of the child, if he or she can be traced; (3) The police official must cause an investigation into the circumstances surrounding the death of the child to be conducted by the South African Police Service, unless the police official is satisfied that the child died of natural causes. (cid:13) 72 No. 30884 GOVERNMENT GAZETTE. 18 MARCH 2008 Act No. 41, 2007 CHILDREN'S AMENDMENT ACT. 2007 Regulations

179. The Minister, after consultation with the Minister for Justice and Constitutional Development where court orders are regulated, may make regulations in terms of section 306 prescribing— (a) the manner in which a person, facility, place or premises for temporary safe care must be approved; the criteria that a person, facility, place or premises for temporary safe care must comply with; limitations or conditions for leave of absence from alternative care; the manner in which children in alternative care must be transferred or provisionally transferred, their residential care programmes changed, be removed or permanently discharged from alternative care; (b) (c) (d) (e) fees payable to a child and youth care centre on transfer or provisional (f) transfer of a child in alternative care to that centre; the manner in which applications for remaining in alternative care beyond 18 years of age are to be made; and (g) any other matter that may be necessary to facilitate the implementation of this Chapter. CHAPTER 12 FOSTER CARE Foster care 180. (1) A child is in foster care if the child has been placed in the care of a person who is not the parent or guardian of the child as a result of— (a) an order of a children's court; or (b) a transfer in terms of section 171. (2) Foster care excludes the placement of a child— (a) (b) in temporary safe care; or in the care of a child and youth care centre. (3) A children's court may place a child in foster care— (a) with a person who is not a family member of the child; (b) with a family member who is not the parent or guardian of the child; or in a registered cluster foster care scheme. (c) Purposes of foster care