generally, to promote the protection, development and well-being of children.
[Date of commencement of s. 2: 1 July 2007.
a municipal by-law relating to the protection and well-being of children, the conflict must be resolved in terms of section 156 of the Constitution.
a municipal by-law, the conflict must be resolved in terms of section 156 of the Constitution.
For the proper application of subsection (2) (b) the Minister must in terms of section 146 (6) of the Constitution submit all regulations made in terms of this Act and which affect a province, to the National Council of Provinces for approval.
a rule regulating the proceedings of children's courts in terms of section 52.
[Date of commencement of s. 3: 1 July 2007.
This Act must be implemented by organs of state in the national, provincial and, where applicable, local spheres of government subject to any specific section of this Act and regulations allocating roles and responsibilities, in an integrated, co-ordinated and uniform manner.
Recognising that competing social and economic needs exist, organs of state in the national, provincial and where applicable, local spheres of government must, in the implementation of this Act, take reasonable measures to the maximum extent of their available resources to achieve the realisation of the objects of this Act.
[Date of commencement of s. 4: 1 July 2007.
To achieve the implementation of this Act in the manner referred to in section 4, all organs of state in the national, provincial and, where applicable, local spheres of government involved with the care, protection and well-being of children must cooperate in the development of a uniform approach aimed at co-ordinating and integrating the services delivered to children.
[Date of commencement of s. 5: 1 July 2007.
recognise a child's disability and create an enabling environment to respond to the special needs that the child has.
If it is in the best interests of the child, the child's family must be given the opportunity to express their views in any matter concerning the child.
A child, having regard to his or her age, maturity and stage of development, and a person who has parental responsibilities and rights in respect of that child, where appropriate, must be informed of any action or decision taken in a matter concerning the child which significantly affects the child.
[Date of commencement of s. 6: 1 July 2007.
which action or decision would avoid or minimise further legal or administrative proceedings in relation to the child.
The rights which a child has in terms of this Act supplement the rights which a child has in terms of the Bill of Rights.
All organs of state in any sphere of government and all officials, employees and representatives of an organ of state must respect, protect and promote the rights of children contained in this Act.
A provision of this Act binds both natural or juristic persons, to the extent that it is applicable, taking into account the nature of the right and the nature of any duty imposed by the right.
[Date of commencement of s. 8: 1 July 2007.
In all matters concerning the care, protection and well-being of a child the standard that the child's best interest is of paramount importance, must be applied. [Date of commencement of s. 9: 1 July 2007.
Every child that is of such an age, maturity and stage of development as to be able to participate in any matter concerning that child has the right to participate in an appropriate way and views expressed by the child must be given due consideration.
[Date of commencement of s. 10: 1 July 2007.
A child with a disability or chronic illness has the right not to be subjected to medical, social, cultural or religious practices that are detrimental to his or her health, well-being or dignity.
providing the child with the necessary support services.
[Date of commencement of s. 11: 1 July 2007.
Every child has the right not to be subjected to social, cultural and religious practices which are detrimental to his or her well-being.
above that minimum age may not be given out in marriage or engagement without his or her consent.
Genital mutilation or the circumcision of female children is prohibited.
Virginity testing of children under the age of 16 is prohibited.
after proper counselling of the child; and in the manner prescribed.
[Date of commencement of s. 13: 1 July 2007.
anyone acting as a member of, or in the interest of, a group or class of persons; and anyone acting in the public interest.
[Date of commencement of s. 15: 1 July 2007.
[Date of commencement of s. 18: 1 July 2007.
to contribute to the maintenance of the child.
The biological mother of a child, whether married or unmarried, has full parental responsibilities and rights in respect of the child.
the biological father of the child does not have guardianship in respect of the child, the guardian of the child's biological mother is also the guardian of the child.
agreement. [Date of commencement of s. 19: 1 July 2007.
[Date of commencement of s. 20: 1 July 2007.
Any party to the mediation may have the outcome of the mediation reviewed by a court.
commencement of this Act. [Date of commencement of s. 21: 1 July 2007.
The mother or other person who has parental responsibilities and rights in respect of a child may only confer by agreement upon a person contemplated in subsection (1) those parental responsibilities and rights which she or that other person has in respect of the child at the time of the conclusion of such an agreement.
A parental responsibilities and rights agreement must be in the prescribed format and contain the prescribed particulars.
registered with the family advocate; or made an order of the High Court, a divorce court in a divorce matter or the children's court on application by the parties to the agreement.
Before registering a parental responsibilities and rights agreement or before making a parental responsibilities and rights agreement an order of court, the family advocate or the court concerned must be satisfied that the parental responsibilities and rights agreement is in the best interests of the child.
in the child's interest by any other person, acting with leave of the court.
any other person having an interest in the care, well-being and development of the child.
contact with the child; or care of the child.
any other fact that should, in the opinion of the court, be taken into account.
Any person having an interest in the care, well-being and development of a child may apply to the High Court for an order granting guardianship of the child to the applicant.
In the event of a person applying for guardianship of a child that already has a guardian, the applicant must submit reasons as to why the child's existing guardian is not suitable to have guardianship in respect of the child.
any person who is biologically related to a child by reason only of being a gamete donor for purposes of artificial fertilisation.
A parent who is the sole guardian of a child may appoint a fit and proper person as guardian of the child in the event of the death of the parent.
A parent who has the sole care of a child may appoint a fit and proper person to be vested with care of the child in the event of the death of the parent.
An appointment in terms of subsection (1) must be contained in a will made by the parent.
the degree of commitment that the person has shown towards the child; and any other fact that should, in the opinion of the court, be taken into account.
An application in terms of section 22 (4) (b) , 23, 24, 26 (1) (b) or 28 may be brought before the High Court, a divorce court in a divorce matter or a children's court, as the case may be, within whose area of jurisdiction the child concerned is ordinarily resident.
A co-holder of parental responsibilities and rights may not surrender or transfer those responsibilities and rights to another co-holder or any other person, but may by agreement with that other co-holder or person allow the other co-holder or person to exercise any or all of those responsibilities and rights on his or her behalf.
An agreement in terms of subsection (3) does not divest a co-holder of his or her parental responsibilities and rights and that co-holder remains competent and liable to exercise those responsibilities and rights.
(a) Before a person holding parental responsibilities and rights in respect of a child takes any decision contemplated in paragraph (b) involving the child, that person must give due consideration to any views and wishes expressed by the child, bearing in mind the child's age, maturity and stage of development.
deceive the child or any other person into believing that that person is the biological or adoptive parent of the child.
The co-holders of parental responsibilities and rights in respect of a child may agree on a parenting plan determining the exercise of their respective responsibilities and rights in respect of the child.
If the co-holders of parental responsibilities and rights in respect of a child are experiencing difficulties in exercising their responsibilities and rights, those persons, before seeking the intervention of a court, must first seek to agree on a parenting plan determining the exercise of their respective responsibilities and rights in respect of the child.
A parenting plan must comply with the best interests of the child standard as set out in section 7.
mediation through a social worker or other suitably qualified person.
the schooling and religious upbringing of the child.
be accompanied by a copy of the plan.
A parenting plan registered with a family advocate may be amended or terminated by the family advocate on application by the co-holders of parental responsibilities and rights who are parties to the plan.
Section 29 applies to an application in terms of subsection (2).
Any person having care or custody of a child who, contrary to an order of any court or to a parental responsibilities and rights agreement that has taken effect as contemplated in section 22 (4), refuses another person who has access to that child or who holds parental responsibilities and rights in respect of that child in terms of that order or agreement to exercise such access or such responsibilities and rights or who prevents that person from exercising such access or such responsibilities and rights is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding one year.
A person having care or custody of a child whereby another person has access to that child or holds parental responsibilities and rights in respect of that child in terms of an order of any court or a parental responsibilities and rights agreement as contemplated in subsection (1) must upon any change in his or her residential address forthwith in writing notify such other person of such change.
[Date of commencement of s. 36: 1 July 2007.
[Date of commencement of s. 37: 1 July 2007.
Section 8 (1) and (2) of the Divorce Act apply, with the necessary changes as the context may require, to the rescission or variation of a maintenance order, or an order relating to the care or guardianship of, or contact with, a child, or the suspension of a maintenance order or an order relating to contact with a child, made by virtue of subsection (3).
that person was the husband of such woman at the time of such artificial fertilisation.
[Date of commencement of s. 40: 1 July 2007.
Information disclosed in terms of subsection (1) may not reveal the identity of the person whose gamete was or gametes were used for such artificial fertilisation or the identity of the surrogate mother.
The Director-General: Health or any other person specified by regulation may require a person to receive counselling before any information is disclosed in terms of subsection (1).
For the purposes of this Act, every magistrate's court, as defined in the Magistrates' Courts Act, 1944 (Act 32 of 1944), shall be a children's court and shall have jurisdiction on any matter arising from the application of this Act for the area of its jurisdiction.
be assigned to him or her under this Act or any other law.
is accessible to disabled persons and persons with special needs.
is bound by the law as applicable to magistrate's courts when exercising criminal jurisdiction in terms of paragraph (a).
any other matter relating to the care, protection or well-being of a child provided for in this Act.
the safeguarding of a child's interest in property; and surrogate motherhood.
If it appears to any court in the course of proceedings that a child involved in or affected by those proceedings is in need of care and protection as is contemplated in section 150, the court must order that the question whether the child is in need of care and protection be referred to a designated social worker for an investigation contemplated in section 155 (2).
make appropriate orders as to costs in matters before the court; and order the removal of a person from the court after noting the reason for the removal on the court record.
mediation contemplated in section 71.
to carry out an investigation or further investigation that may assist the court in deciding the matter; and to furnish the court with a report and recommendation thereon.
in accordance with any prescribed procedures; and subject to any directions and conditions determined in the court order.
record any information; and carry out any specific instruction of the court.
Except where otherwise provided in this Act, any person listed in this section may bring a matter which falls within the jurisdiction of a children's court, to a clerk of the children's court for referral to a children's court.
A person who is a party in a matter before a children's court is entitled to appoint a legal practitioner of his or her own choice and at his or her own expense.
Where a child involved in a matter before the children's court is not represented by a legal representative, and the court is of the opinion that it would be in the best interests of the child to have legal representation, the court must refer the matter to the Legal Aid Board referred to in section 2 of the Legal Aid Act, 1969 (Act 22 of 1969).
a person who obtained permission to be present from the presiding officer of the children's court; and the designated social worker managing the case.
A summons referred to in subsection (1) must be served on the witness as if it were a summons to give evidence or to produce a book, document or other written instrument at a criminal trial in a magistrate's court.
If a child is present at the proceedings, the court may order any person present in the room where the proceedings take place to leave the room if such order would be in the best interests of that child.
Children's court proceedings must be conducted in an informal manner and, as far as possible, in a relaxed and non-adversarial atmosphere which is conducive to attaining the co-operation of everyone involved in the proceedings.
the legal representative of a person who is entitled to a legal representative in those proceedings.
A child who is a party or a witness in a matter before a children's court must be questioned through an intermediary as provided for in section 170A of the Criminal Procedure Act, 1977 (Act 51 of 1977) if the court finds that this would be in the best interests of that child.
any other relevant person.
give that person the opportunity to question or cross-examine the author of the report in regard to a matter arising from the report; or to refute any statement contained in the report.
submitting a written report to the court.
A presiding officer of a children's court may excuse any person from appearing at adjournment proceedings.
at any time after making an order or when a report of noncompliance mentioned in subsection (4) is referred to it, may call or recall any person involved in the matter to appear before it.
confirm, vary or withdraw the order; or enforce compliance with the order, if necessary through a criminal prosecution in a magistrate's court or in terms of section 45 (2).
for the purpose of a review or appeal; or for the purpose of bona fide research or the reporting of cases in law reports, provided the provisions of section 74 are complied with.
If it comes to the attention of the clerk of the children's court that a child may be in need of care and protection, the clerk must refer the matter to a designated social worker for investigation in terms of section 155 (2).
Pre-hearing conferences may not be held in the event of a matter involving the alleged abuse or sexual abuse of a child.
The child involved in the matter may attend and may participate in the conference unless the children's court decides otherwise.
define the issues to be heard by the court.
consider a report on the proceedings before the lay-forum to the court when the matter is heard.
If a matter is settled out of court and the settlement is accepted by all parties involved in the matter, the clerk of the children's court must submit the settlement to the children's court for confirmation or rejection.
before deciding the matter, refer the settlement back to the parties for reconsideration of any specific issues; or reject the settlement.
The clerk of the children's court may attend every children's court hearing.
[NB: Chapters 5 (ss. 76-90) and 6 (ss. 91-103) have been inserted by s. 4 of the Children's Amendment Act 41 of 2007, a provision which will be put into operation by proclamation. See PENDLEX.
NB: A Part 1 (ss. 104-110) has been inserted by s. 5 (a) of the Children's Amendment Act 41 of 2007, a provision which will be put into operation by proclamation.
The Director-General must keep and maintain a register to be called the National Child Protection Register.
The National Child Protection Register consists of a Part A and a Part B.
All Parts of the Register must be kept confidential and information in the Register may be accessed and disclosed only as provided for in this Act.
any other person for the purpose of conducting research on child abuse or deliberate neglect or related issues on condition that the full names, surname, physical address and identification number of the child must be excluded.
The purpose of Part B of the Register is to have a record of persons who are unsuitable to work with children and to use the information in the Register in order to protect children in general against abuse from these persons.
Any person who has been convicted of murder, attempted murder, rape, indecent assault or assault with the intent to do grievous bodily harm with regard to a child during the five years preceding the commencement of this Chapter, is deemed to have been found unsuitable to work with children.
The Director-General must enter the name of a person found unsuitable to work with children as contemplated in section 120 in Part B of the Register regardless of whether appeal proceedings have been instituted or not.
If, after appeal or review proceedings have been concluded, a finding in terms of section 120 that a person is unsuitable to work with children is reversed, the Director-General must forthwith remove the name of the person from the Register.
The South African Police Service may not allow a person whose name appears in Part B of the Register to work in a unit of the Service tasked with child protection.
The head of a state department may not allow a person whose name appears in Part B of the Register to be employed in a position where that person works with or has access to children.
The municipal council of a municipality may not allow a person whose name appears in Part B of the Register to be employed in a position where that person works with or has access to children.
A person contemplated in subsection (1) who fails to disclose the fact that his or her name is entered in Part B of the Register is guilty of misconduct and his or her services may be terminated as a result thereof.
the manager or person in control of a designated child protection organisation dealing with foster care and adoption.
The Director-General may, on such conditions as the Director-General may determine, allow officials of a provincial education department designated by the head of that department access to Part B of the Register for the purpose of implementing section 123 in relation to schools under the jurisdiction of that department.
to be employed in terms of the Municipal Systems Act in a position where he or she works with or has access to children, the municipal council of that municipality must establish whether or not that person's name appears in Part B of the Register.
subsection (2), the Director-General must respond in writing within six months by indicating whether the person's name appears in Part B of the Register or not; and subsection (3), the Director-General must respond in writing within 21 working days by indicating whether the person's name appears in Part B of the Register, and if so, the reasons why his or her name was entered in the Register.
The general rule with regard to the disclosure of information in Part B of the Register is that it must be in the best interests of the child, unless the information is disclosed following an inquiry in terms of section 126.
The Director-General must inform a person found unsuitable to work with children when that person's name and particulars are entered in Part B of the Register.
A person whose name appears in Part B of the Register may in terms of subsection (2) apply for the removal of his or her name and any information relating to that person from the Register.
An application in terms of subsection (1) to remove a person's name and particulars from Part B of the Register on the ground that the affected person has been rehabilitated, may only be made after at least five years have lapsed since the entry was made and after considering the prescribed criteria.
The name and particulars of a person convicted more than once of an offence with regard to a child may not be removed from Part B of the Register.
Subject to section 5 (2) of the Choice on Termination of Pregnancy Act, 1996 (Act 92 of 1996), a child may be subjected to medical treatment or a surgical operation only if consent for such treatment or operation has been given in terms of either subsection (2), (3), (4), (5), (6) or (7).
No parent, guardian or care-giver of a child may refuse to assist a child in terms of subsection (3) or withhold consent in terms of subsections (4) and (5) by reason only of religious or other beliefs, unless that parent or guardian can show that there is a medically accepted alternative choice to the medical treatment or surgical operation concerned.
If HIV-testing of a child is done for foster care or adoption purposes, the state must pay the cost of such tests where circumstances permit. [Date of commencement of s. 131: 1 July 2007.
the child's parent or care-giver, if the parent or care-giver has knowledge of the test.
in terms of an order of a court.
a medical examination is carried out on the child to determine whether there are any medical reasons why a specific contraceptive should not be provided to the child.
[NB: Sub-s. (3) has been substituted and a Part 4 (ss 135-141) has been inserted by s. 5 (b) and (c) , respectively, of the Children's Amendment Act 41 of 2007, provisions which will be put into operation by proclamation. See PENDLEX.
[NB: Paras. (a) to (f) inclusive have been inserted by s. 6 of the Children's Amendment Act 41 of 2007, a provision which will be put into operation by proclamation. See PENDLEX.
prescribing criteria for the assessment of applications for the removal of names of persons from Part B of the National Child Protection Register; and prescribing any other matter necessary to facilitate the implementation of this Chapter.
[NB: A Chapter 8 (ss. 143-149) has been inserted by s. 7 of the Children's Amendment Act 41 of 2007, a provision which will be put into operation by proclamation. See PENDLEX.
A presiding officer issuing an order in terms of subsection (1) may also order that the child be placed in temporary safe care if it appears that it is necessary for the safety and well-being of the child.
without delay but within 24 hours inform the parent, guardian or care-giver of the child of the removal of the child, if that person can readily be traced; and not later than the next court day inform the relevant clerk of the children's court of the removal of the child; and report the matter to the relevant provincial department of social development.
constitutes unprofessional or improper conduct as contemplated in section 27 (1) (b) of the Social Service Professions Act, 1978 (Act 110 of 1978) by that social worker; and is a ground for an investigation into the possible withdrawal of that organisation's designation.
contains a certificate under the hand of the police official that he or she has handed the original of such written notice to the alleged offender and that he or she has explained to the alleged offender the importance thereof.
The police official must forthwith forward a duplicate original of the written notice to the clerk of the children's court.
is prima facie proof of the issue of the original thereof to the alleged offender and that such original was handed to the offender.
The provisions of section 55 of the Criminal Procedure Act, 1977 (Act 51 of 1977) apply, with the necessary changes, to a written notice handed to an alleged offender in terms of subsection (1).
A children's court before which an alleged offender to whom a written notice in terms of subsection (1) has been issued, appears, may summarily inquire into the circumstances which gave rise to the issuing of the notice.
Misuse of a power referred to in subsection (1) by a police official constitutes grounds for disciplinary proceedings against such police official as contemplated in section 40 of the South African Police Service Act, 1995 (Act 68 of 1995).
Before the child is brought before the children's court, a designated social worker must investigate the matter and within 90 days compile a report in the prescribed manner on whether the child is in need of care and protection.
The designated social worker must report the matter to the relevant provincial department of social development.
If, after an investigation contemplated in subsection (2), the designated social worker finds that the child is not in need of care and protection, he or she must indicate the reasons for the finding in the report, which must be submitted to the children's court for review.
The designated social worker must where necessary indicate in the report the measures recommended to assist the family, 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, after an investigation contemplated in subsection (2), the designated social worker finds the child to be in need of care and protection, that child must be brought before the children's court.
If the court finds that the child is in need of care and protection, the court may make an appropriate order in terms of section 156.
be placed in temporary safe care.
If a court finds that a child is not in need of care and protection the court may nevertheless issue an order referred to in subsection (1) in respect of the child, excluding a placement order.
address those causes and take precautionary action to prevent a recurrence; and provide counselling to both the child and the family before and after reunification.
A very young child who has been orphaned or abandoned by its parents must be made available for adoption in the prescribed manner and within the prescribed period except when this is not in the best interests of the child.
When issuing an order involving the removal of the child from the care of the child's parent or care-giver, the court may include in the court order instructions as to the implementation of the permanency plan for the child.
158 Placement of child in child and youth care centre determine the residential care programme best suited for the child; and order that the child be placed in a child and youth care centre offering that particular residential care programme.
may be extended by a children's court for a period of not more than two years at a time.
any alternative care-giver of that child.
A contribution order takes effect from the date on which it is made unless the court orders that it takes effect from an earlier or later date.
A children's court may vary, suspend or rescind a contribution order or revive the order after it has been rescinded.
If a court other than the court which made a contribution order varies, suspends, rescinds or revives the order in terms of subsection (3), the clerk of the first-mentioned court must immediately inform the clerk of the last mentioned court of such variation, suspension, rescission or revival.
162 Jurisdiction the respondent is ordinarily resident, carries on business or is employed; or the child involved in the matter is ordinarily resident.
A contribution order and a provisional contribution order have the effect of a maintenance order and a provisional maintenance order in terms of the Maintenance Act and the Reciprocal Enforcement of Maintenance Orders Act, 1963 (Act 80 of 1963), as the case may be.
A contribution order must instruct the respondent to pay the sum stated therein to such person or institution as the court may determine.
vary, suspend or rescind such an order or revive the order after it has been rescinded.
The employer must promptly pay any amount deducted under an order in terms of subsection (1) to such person or institution as may be specified in the order.
give notice, in writing, to the clerk of the children's court which made the order of any change in that person's residential address or place of work; and state in that notice the new residential address or the name and address of the new employer, as the case may be.
NB: Chapters 11 (ss. 167-179), 12 (ss. 180-190), 13 (ss. 191-212) and 14 (ss. 213227) have been inserted by s. 10 of the Children's Amendment Act 41 of 2007, a provision which will be put into operation by proclamation. See PENDLEX . Ss.
An adoption social worker must make an assessment to determine whether a child is adoptable.
the child's parent or guardian has abused or deliberately neglected the child, or has allowed the child to be abused or deliberately neglected; or the child is in need of a permanent alternative placement.
properly assessed by an adoption social worker for compliance with paragraphs (a) and (b).
The biological father of a child who does not have guardianship in respect of the child in terms of Chapter 3 or the foster parent of a child has the right to be considered as a prospective adoptive parent when the child becomes available for adoption.
A person referred to in paragraph (a) must be regarded as having elected not to apply for the adoption of the child if that person fails to apply for the adoption of the child within 30 days after a notice calling on that person to do so has been served on him or her by the sheriff.
keeping a record of fit and proper adoptive parents.
The name and other identifying information of a child must be removed from RACAP if the child has been adopted.
Subsection (1) excludes a parent or person referred to in section 236 and a child may be adopted without the consent of such parent or person.
If the parent of a child wishes the child to be adopted by a particular person the parent must state the name of that person in the consent.
Before consent for the adoption of the child is granted in terms of subsection (1), the adoption social worker facilitating the adoption of the child must counsel the parents of the child and, where applicable, the child on the decision to make the child available for adoption.
The eligibility of the person contemplated in subsection (3) as an adoptive parent must be determined by a children's court in terms of section 231 (2).
submitted to and filed by a clerk of the children's court pending an application for the adoption of the child.
communication, including visitation between the child and the parent or guardian concerned and such other person as may be stipulated in the agreement; and the provision of information, including medical information, about the child, after the application for adoption is granted.
by the adopted child.
the child, parent or person who consented to the adoption withdraws such consent in terms of section 233 (8).
has failed to respond to a notice of the proposed adoption referred to in section 238 within 30 days of service of the notice.
the court, following an allegation by the mother of the child, finds on a balance of probabilities that the child was conceived as a result of the rape of the mother: Provided that such a finding shall not constitute a conviction for the crime of rape.
by causing particulars of himself to be entered in the registration of birth of the child in terms of section 10 (1) (b) or section 11 (4) of the Births and Deaths Registration Act, 1992 (Act 51 of 1992).
A children's court may on a balance of probabilities make a finding as to the existence of a ground on which a parent or person is excluded in terms of this section from giving consent to the adoption of a child.
An adopted child must for all purposes be regarded as the child of the adoptive parent and an adoptive parent must for all purposes be regarded as the parent of the adopted child.
a parent of the adopted child or other person who had guardianship in respect of the child immediately before the adoption; or the adoptive parent of the child.
all responsibilities, rights and other matters terminated by section 242 (1) in respect of the child are restored.
order that the child be kept in temporary safe care until an appropriate placement order can be made.
After an adoption order has been made by a children's court in respect of a child whose birth has been registered in the Republic, the adoptive parent of the child must apply in terms of the applicable law to the Director-General: Home Affairs to record the adoption and any change of surname of the child in the births register.
a fee prescribed in terms of any applicable law, if any.
[NB: A sub-s. (3) has been added by s. 11 of the Children's Amendment Act 41 of 2007, a provision which will be put into operation by proclamation. See PENDLEX.
a child protection organisation to provide adoption services.
prescribing advertising guidelines for recruitment purposes; and regarding any other ancillary or incidental administrative or procedural matter that it may be necessary to prescribe to facilitate the proper implementation or administration of this Chapter.
to find fit and proper adoptive parents for an adoptable child; and generally to regulate inter-country adoptions.
The Director-General, after consultation with the Director-General: Justice and Constitutional Development, must perform the functions assigned by the Convention to Central Authorities.
Any powers or duties of the Central Authority in terms of Articles 15 to 21 of the Convention and sections 261 (3) and (4), 262 (3) and (4), 264 (2) and 265 (2) may, to another organ of state; or a child protection organisation accredited in terms of section 259 to provide inter-country adoption services.
The Central Authority may accredit a child protection organisation to provide inter-country adoption services for such period and on such conditions as may be prescribed.
may receive the prescribed fees and make the necessary payments in respect of inter-country adoptions; and must annually submit audited financial statements to the Central Authority of fees received and payments made.
A child protection organisation accredited in terms of section 259 to provide intercountry adoption services may enter into an adoption working agreement with an accredited adoption agency in another country.
A person habitually resident in a non-convention country who wishes to adopt a child habitually resident in the Republic must apply to the competent authority of the non-convention country concerned.
If an adoptable child is available for adoption, the Central Authority will prepare a report on the child in accordance with the prescribed requirements and transmit it to the competent authority in the non-convention country concerned.
In the event of the Central Authority of the Republic withdrawing its consent, the child must be returned to the Republic forthwith in the prescribed manner.
An order of court contemplated in subsection (5) takes effect only after the period referred to in subsection (6) has lapsed and the Central Authority has not withdrawn its consent within the stated period.
This section does not apply to a child habitually resident in the Republic and who is to be placed for adoption outside the Republic with a family member of that child or with a person who will become an adoptive parent jointly with the child's biological parent.
The provisions of Chapter 15 apply to the adoption of a child referred to in subsection (8).
A person habitually resident in the Republic who wishes to adopt a child habitually resident in a non-convention country must apply to the Central Authority.
If the Central Authority is satisfied that the applicant is fit and proper to adopt, it shall prepare a report on that person in accordance with the requirements of the nonconvention country concerned and transmit the report to the competent authority of that country.
If an adoptable child is available for adoption, the competent authority of the nonconvention country concerned shall prepare a report on the child in accordance with the prescribed requirements and transmit it to the Central Authority.
If the Central Authority and the competent authority of the non-convention country concerned both agree to the adoption, the competent authority of that country will refer the application for adoption for the necessary consent in that country.
The adoption in a convention country of a child habitually resident in that convention country by a person habitually resident in another convention country shall be recognised in the Republic if an adoption compliance certificate issued in the convention country where the adoption was granted is in force for the adoption.
If an adoption compliance certificate was not issued in the relevant convention country, the Central Authority may issue a declaration recognising the adoption.
The Central Authority may issue a declaration recognising the adoption of a child in a non-convention country if the adoption in that country has the same effect it would have had if the order had been made in the Republic.
If the adoption of a child is recognised in terms of section 266 or 268, the adoption has in the Republic the effects set out in section 242.
If the Central Authority declares that an adoption or decision referred to in subsection (1) may not be recognised, the adoption or decision has no effect in the Republic.
No person may process or facilitate an inter-country adoption otherwise than in terms of this Chapter.
to combat parental child abduction.
The Central Authority of the Republic may, subject to such conditions as he or she may impose, delegate or assign any powers or duties conferred or imposed upon him or her under the Hague Convention on International Child Abduction to any family advocate appointed in terms of the Mediation in Certain Divorce Matters Act.
In ascertaining whether there has been a wrongful removal or retention within the meaning of Article 3 of the Hague Convention on International Child Abduction, a High Court may, prior to the making of an order for the return of the child, request the Central Authority to provide a report on the domestic circumstances of the child prior to the alleged abduction.
The court may, prior to the making of an order for the return of the child, order interim protective relief for the child, the applicant or the defendant.
The court must, in considering an application in terms of this Chapter for the return of a child, afford that child the opportunity to raise an objection to being returned and in so doing must give due weight to that objection, taking into account the age and maturity of the child.
prescribing fees and providing for the recovery of any expenditure incurred in connection with the application of the Convention.
The UN Protocol to Prevent Trafficking in Persons is in force in the Republic and its provisions are law in the Republic, subject to the provisions of this Act.
The President may agree to any amendment or revocation of an agreement contemplated in subsection (1).
No person, natural or juristic, or a partnership may traffic a child or allow a child to be trafficked.
A finding by a court that an employer or principal has contravened subsection (1) serves as a ground for revoking the licence or registration of the employer or principal to operate.
knowingly lease or sublease or allow any room, house, building or establishment to be used for the purpose of harbouring a child who is a victim of trafficking; and advertise, publish, print, broadcast, distribute or cause the advertisement, publication, printing, broadcast or distribution of information that suggests or alludes to trafficking by any means, including the use of the Internet or other information technology.
Every Internet service provider operating in the Republic must report to the South African Police Service any site on its server that contains information in contravention of subsection (1).
upon the child's entry into the Republic refer the child to a designated social worker for investigation in terms of section 155 (2).
If it is essential in the best interests of a child who has been trafficked, the Director-General must authorise an adult at state expense to escort the child from the place where the child was found to the place from which the child was trafficked.
If, after an investigation contemplated in subsection (1), an illegal foreign child is brought before the children's court, the court may order that the child be assisted in applying for asylum in terms of the Refugees Act, 1998 (Act 130 of 1998).
A finding in terms of section 156 that an illegal foreign child who is a victim of trafficking is a child in need of care and protection serves as authorisation for allowing the child to remain in the Republic for the duration of the children's court order.
the possibility that the child might be trafficked again, harmed or killed.
A citizen or permanent resident of the Republic, a juristic person or a partnership registered in terms of any law in the Republic that commits an act outside the Republic which would have constituted an offence in terms of this Chapter had it been committed inside the Republic, is guilty of that offence as if the offence had been committed in the Republic and is liable on conviction to the penalty prescribed for that offence.
the agreement includes adequate provisions for the contact, care, upbringing and general welfare of the child that is to be born in a stable home environment, including the child's position in the event of the death of the commissioning parents or one of them, or their divorce or separation before the birth of the child; and in general, having regard to the personal circumstances and family situations of all the parties concerned, but above all the interests of the child that is to be born, the agreement should be confirmed.
after the lapse of 18 months from the date of the confirmation of the agreement in question by the court.
Any artificial fertilisation of a surrogate mother in the execution of an agreement contemplated in this Act must be done in accordance with the provisions of the National Health Act, 2003 (Act 61 of 2003).
Subject to subsections (2) and (3), no person may in connection with a surrogate motherhood agreement give or promise to give to any person, or receive from any person, a reward or compensation in cash or in kind.
An identity card prescribed by regulation must be issued to each person authorised in terms of subsection (1).
When inspecting such a centre, facility, shelter or place, a person authorised in terms of subsection (1) must, on demand, produce such an identity card.
[Date of commencement of para. (c) : 1 July 2007.
commits an act in contravention of the prohibition set out in section 284 (1).
abandons the child.
A person who is legally liable to maintain a child is guilty of an offence if that person, while able to do so, fails to provide the child with adequate food, clothing, lodging and medical assistance. [Date of commencement of sub-s. (4): 1 July 2007.
[Date of commencement of sub-s. (5): 1 July 2007.
Subject to subsection (8), a person convicted of an offence in terms of subsection (1), (2), (3), (4) or (5) is liable to a fine or to imprisonment for a period not exceeding ten years, or to both a fine and such imprisonment.
[NB: Para (a) has been substituted by s. 14 of the Children's Amendment Act 41 of 2007, a provision which will be put into operation by proclamation. See PENDLEX.
an MEC responsible for social development, by agreement with the MEC; or any organ of state, by agreement with that organ of state.
does not divest the Minister of the responsibility concerning the exercise of the power or the performance of the duty.
The Minister may confirm, vary or revoke any decision taken in consequence of a delegation or sub-delegation in terms of this section, subject to any rights that may have accrued to a person as a result of the decision.
The Minister may assign any power or duty assigned to the Minister in terms of this Act to an MEC responsible for social development, by agreement with the MEC.
at any time withdraw an assignment.
[Date of commencement of s. 308: 1 July 2007.
the provincial head of social development or an officer in the employ of the province concerned; or any organ of state, by agreement with that organ of state.
at any time withdraw a delegation.
any organ of state, by agreement with that organ of state.
may include the power to sub-delegate, in the case of a delegation in terms of subsection (1) (b) ; and does not divest the provincial head of the responsibility concerning the exercise of the power or the performance of the duty.
[Date of commencement of s. 311: 1 July 2007.
The Minister may delegate to such organisation or person such powers and duties in terms of this Act as may be required for the proper performance of the service.
Section 307 read with such changes as the context may require, applies in respect of any delegation in terms of subsection (2).
The laws referred to in the second column of Schedule 4 are hereby amended to the extent indicated in the third column of the Schedule. Date of commencement of s.
The Convention ceases to apply if the agreements mentioned in Article 17, subparagraph (c) , have not been given before the child attains the age of eighteen years.
(2) (3) (4) he or she has been counselled and duly informed of the effects of the adoption and of his or her consent to the adoption, where such consent is required; consideration has been given to the child's wishes and opinions;the child's consent to the adoption, where such consent is required, has been given freely, in the required legal form, and expressed or evidenced in writing; andsuch consent has not been induced by payment or compensation of any kind.
Article 6 which any communication may be addressed for transmission to the appropriate Central Authority within that State.
Central Authorities shall co-operate with each other and promote co-operation amongst the competent authorities in their States to protect children and to achieve the other objects of the Convention.
Accreditation shall only be granted to and maintained by bodies demonstrating their competence to carry out properly the tasks with which they may be entrusted.
A body accredited in one Contracting State may act in another Contracting State only if the competent authorities of both States have authorized it to do so.
The designation of the Central Authorities and, where appropriate, the extent of their functions, as well as the names and addresses of the accredited bodies shall be communicated by each Contracting State to the Permanent Bureau of the Hague Conference on Private International Law.
Persons habitually resident in a Contracting State, who wish to adopt a child habitually resident in another Contracting State, shall apply to the Central Authority in the State of their habitual residence.
It shall transmit the report to the Central Authority of the State of origin.
It shall transmit to the Central Authority of the receiving State its report on the child, proof that the necessary consents have been obtained and the reasons for its determination on the placement, taking care not to reveal the identity of the mother and the father if, in the State of origin, these identities may not be disclosed.
determine, on the basis in particular of the reports relating to the child and the prospective adoptive parents, whether the envisaged placement is in the best interests of the child.
The Central Authorities of both States shall take all necessary steps to obtain permission for the child to leave the State of origin and to enter and reside permanently in the receiving State.
The transfer of the child to the receiving State may only be carried out if the requirements of Article 17 have been satisfied.
The Central Authorities of both States shall ensure that this transfer takes place in secure and appropriate circumstances and, if possible, in the company of the adoptive or prospective adoptive parents.
If the transfer of the child does not take place, the reports referred to in Articles 15 and 16 are to be sent back to the authorities who forwarded them.
The functions of a Central Authority under this Chapter may be performed by public authorities or by bodies accredited under Chapter III, to the extent permitted by the law of its State.
Notwithstanding any declaration made under paragraph (2), the reports provided for in Articles 15 and 16 shall, in every case, be prepared under the responsibility of the Central Authority or other authorities or bodies in accordance with paragraph (1).
The recognition of an adoption may be refused in a Contracting State only if the adoption is manifestly contrary to its public policy, taking into account the best interests of the child.
the termination of a pre-existing legal relationship between the child and his or her mother and father, if the adoption has this effect in the Contracting State where it was made.
The preceding paragraphs shall not prejudice the application of any provision more favourable for the child, in force in the Contracting State which recognizes the adoption.
if the law of the receiving State so permits; and if the consents referred to in Article 4, sub-paragraphs (c) and (d) , have been or are given for the purpose of such an adoption.
Article 23 applies to the decision converting the adoption.
Article 32 inter-country adoption.
The directors, administrators and employees of bodies involved in an adoption shall not receive remuneration which is unreasonably high in relation to services rendered.
If the competent authority of the State of destination of a document so requests, a translation certified as being in conformity with the original must be furnished. Unless otherwise provided, the costs of such translation are to be borne by the prospective adoptive parents.
The competent authorities of the Contracting States shall act expeditiously in the process of adoption.
any reference to the accredited bodies of that State shall be construed as referring to bodies accredited in the relevant territorial unit.
In relation to a State which with regard to adoption has two or more systems of law applicable to different categories of persons, any reference to the law of that State shall be construed as referring to the legal system specified by the law of that State.
A State within which different territorial units have their own rules of law in respect of adoption shall not be bound to apply the Convention where a State with a unified system of law would not be bound to do so.
Any Contracting State may enter into agreements with one or more other Contracting States, with a view to improving the application of the Convention in their mutual relations. These agreements may derogate only from the provisions of Articles 14 to 16 and 18 to 21. The States which have concluded such an agreement shall transmit a copy to the depositary of the Convention.
The Convention shall apply in every case where an application pursuant to Article 14 has been received after the Convention has entered into force in the receiving State and the State of origin.
The Convention shall be open for signature by the States which were Members of the Hague Conference on Private International Law at the time of its Seventeenth Session and by the other States which participated in that Session.
It shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention.
Any other State may accede to the Convention after it has entered into force in accordance with Article 46, paragraph (1).
The instrument of accession shall be deposited with the depositary.
Such accession shall have effect only as regards the relations between the acceding State and those Contracting States which have not raised an objection to its accession in the six months after the receipt of the notification referred to in subparagraph (b) of Article 48. Such an objection may also be raised by States at the time when they ratify, accept or approve the Convention after an accession. Any such objection shall be notified to the depositary.
If a State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in the Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that this Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time.
A State Party to the Convention may denounce it by a notification in writing addressed to the depositary.
The denunciation takes effect on the first day of the month following the expiration of twelve months after the notification is received by the depositary. Where a longer period for the denunciation to take effect is specified in the notification, the denunciation takes effect upon the expiration of such longer period after the notification is received by the depositary.
the denunciations referred to in Article 47.
to ensure that rights of custody and of access under the law of one Contracting State are effectively respected in other Contracting States.
any other relevant document.
After receiving notice of a wrongful removal or retention of a child in the sense of Article 3, the judicial or administrative authorities of the Contracting State to which the child has been removed or in which it has been retained shall not decide on the merits of rights of custody until it has been determined that the child is not to be returned under this Convention or unless an application under the Convention is not lodged within a reasonable time following receipt of the notice.
A decision under this Convention concerning the return of the child shall not be taken to be determination on the merits of any custody issue.
This Convention shall take priority in matters within its scope over the Convention of 5 October 1961 concerning the powers of authorities and the law applicable in respect of the protection of minors, as between Parties to both Conventions. Otherwise the present Convention shall not restrict the application of an international instrument in force between the State of origin and the State addressed or other law of the State addressed for the purposes of obtaining the return of a child who has been wrongfully removed or retained or of organizing access rights.
Nothing in this Convention shall prevent two or more Contracting States, in order to limit the restrictions to which the return of the child may be subject, from agreeing among themselves to derogate from any provision of this Convention which may imply such a restriction.
The Convention shall be open for signature by the States which were Members of the Hague Conference on Private International Law at the time of its Fourteenth Session.
The accession will have effect only as regards the relations between the acceding State and such Contracting States as will have declared their acceptance of the accession. Such a declaration will also have to be made by any Member State ratifying, accepting or approving the Convention after an accession. Such declaration shall be deposited at the Ministry of Foreign Affairs of the Kingdom of the Netherlands; this Ministry shall forward, through diplomatic channels, a certified copy to each of the Contracting States.
The denunciation shall have effect only as regards the State which has notified it. The Convention shall remain in force for the other Contracting States.
the denunciation referred to in Article 44. In witness whereof the undersigned, being duly authorized thereto, have signed this Convention.
Done at The Hague, on the 25th day of October, 1980, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the States Members of the Hague Conference on Private International Law at the date of its Fourteenth Session.
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime, G.A. res. 55/25, annex II, 55 U.N. GAOR Supp. (No. 49) at 60, U.N. Doc. A/45/49 (Vol. I) (2001).
The provisions of the Convention shall apply, mutatis mutandis , to this Protocol unless otherwise provided herein.
The offences established in accordance with Article 5 of this Protocol shall be regarded as offences established in accordance with the Convention.
'Trafficking in persons' shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.
'child' shall mean any person under eighteen years of age.
established in accordance with paragraph (1) of this article.
In appropriate cases and to the extent possible under its domestic law, each State Party shall protect the privacy and identity of victims of trafficking in persons, including, inter alia , by making legal proceedings relating to such trafficking confidential.
Information on relevant court and administrative proceedings; and assistance to enable their views and concerns to be presented and considered at appropriate stages of criminal proceedings against offenders, in a manner not prejudicial to the rights of the defence.
medical, psychological and material assistance; and employment, educational and training opportunities.
Each State Party shall endeavour to provide for the physical safety of victims of trafficking in persons while they are within its territory.
Each State Party shall ensure that its domestic legal system contains measures that offer victims of trafficking in persons the possibility of obtaining compensation for damage suffered.
In addition to taking measures pursuant to Article 6 of this Protocol, each State Party shall consider adopting legislative or other appropriate measures that permit victims of trafficking in persons to remain in its territory, temporarily or permanently, in appropriate cases.
The State Party of which a victim of trafficking in persons is a national or in which the person had the right of permanent residence at the time of entry into the territory of the receiving State Party shall facilitate and accept, with due regard for the safety of that person, the return of that person without undue or unreasonable delay.
This article shall be without prejudice to any applicable bilateral or multilateral agreement or arrangement that governs, in whole or in part, the return of victims of trafficking in persons.
the types of travel document that individuals have used or attempted to use to cross an international border for the purpose of trafficking in persons; and the means and methods used by organized criminal groups for the purpose of trafficking in persons, including the recruitment and transportation of victims, routes and links between and among individuals and groups engaged in such trafficking, and possible measures for detecting them.
Each State Party shall take the necessary measures, in accordance with its domestic law, to provide for sanctions in cases of violation of the obligation set forth in paragraph (3) of this article.
Each State Party shall consider taking measures that permit, in accordance with its domestic law, the denial of entry or revocation of visas of persons implicated in the commission of offences established in accordance with this Protocol.
At the request of another State Party, a State Party shall, in accordance with its domestic law, verify within a reasonable time the legitimacy and validity of travel or identity documents issued or purported to have been issued in its name and suspected of being used for trafficking in persons.
The measures set forth in this Protocol shall be interpreted and applied in a way that is not discriminatory to persons on the ground that they are victims of trafficking in persons. The interpretation and application of those measures shall be consistent with internationally recognized principles of non-discrimination.
State Parties shall endeavour to settle disputes concerning the interpretation or application of this Protocol through negotiation.
Each State Party may, at the time of signature, ratification, acceptance or approval of or accession to this Protocol, declare that it does not consider itself bound by paragraph (2) of this article. The other States Parties shall not be bound by paragraph (2) of this article with respect to any State Party that has made such a reservation.
This Protocol shall be open to all States for signature from 12 to 15 December 2000 in Palermo, Italy, and thereafter at United Nations Headquarters in New York until 12 December 2002.
This Protocol shall also be open for signature by regional economic integration organizations provided that at least one member State of such organization has signed this Protocol in accordance with paragraph (1) of this article.
An amendment adopted in accordance with paragraph (1) of this article is subject to ratification, acceptance or approval by States Parties.
An amendment adopted in accordance with paragraph (1) of this article shall enter into force in respect of a State Party ninety days after the date of the deposit with the Secretary-General of the United Nations of an instrument of ratification, acceptance or approval of such amendment.
CHILDREN'S ACT 38 OF 2005 Page 137 of 201 thereto by their respective Governments, have signed this Protocol.
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.
by a hospital or other medical facility as part of medical treatment provided to the child.
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.
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).
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.
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.
the structural safety, health and other requirements of the municipality of the area where the partial care facility is situated.
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 requirements as may be prescribed.
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.
basic therapeutic interventions.
A partial care facility may offer programmes appropriate to the developmental needs of the children in that facility as may be prescribed.
complies with the prescribed national norms and standards contemplated in section 79 and such other requirements as may be prescribed.
An applicant must provide such additional information relevant to the application as the provincial head of social development may determine.
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 state in the certificate of registration the period for which the registration will remain valid.
the registration holder becomes a person who is not a fit and proper person to operate a partial care facility; or 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.
A person or organisation operating an unregistered partial care facility and who is instructed in terms of subsection (1) (a) (ii) 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.
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.
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 development.
must be in writing; and does not divest the municipal manager of the responsibility concerning the exercise of the power or the performance of the duty.
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.
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.
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.
the provincial head of social development.
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.
any other matter that may be necessary to facilitate the implementation of this Chapter.
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.
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 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.
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).
The MEC for social development may, from money appropriated by the relevant provincial legislature, provide and fund early childhood development programmes for that province.
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.
a partial care facility providing partial care services for any children up to school-going age; and a child and youth care centre which has in its care any children up to school-going age.
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.
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.
meeting the emotional, cognitive, sensory, spiritual, moral, physical, social and communication development needs of children.
An early childhood development programme provided by a national or provincial state department or a municipality must comply with subsection (1).
comply with the prescribed national norms and standards contemplated in section 94 and such other requirements as may be prescribed.
be accompanied by any documents that may be prescribed.
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).
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.
Section 304 (2) and (3), read with such changes as the context may require, applies to any assessment in terms of subsection (6).
the early childhood development programme meets the emotional, cognitive, sensory, spiritual, moral, physical, social and communication development needs of the children to whom the programme will be presented.
providing for any other matters that may be prescribed.
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.
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.
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.
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.
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 regard to the capacity of that municipality to perform the functions concerned.
The agreement must be in the prescribed form and contain the prescribed particulars.
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.
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.
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.
The provincial head of social development must monitor the performance of the functions assigned in terms of this section.
withdraw the assignment of the functions.
does not divest the municipal manager of the responsibility concerning the exercise of the power or the performance of the duty.
a designated child protection organisation.
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.
may be made on such conditions as the Director-General or provincial head of social development may determine; and must be made for such period as may be prescribed.
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.
Sections 310 and 311 read with such changes as the context may require, apply to any assignment in terms of subsection (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.
Any correctional official, dentist, homeopath, immigration official, labour inspector, legal practitioner, medical practitioner, midwife, minister of religion, nurse, occupational therapist, physiotherapist, psychologist, 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 department of social development or a police official.
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.
ensure the safety and well-being of the child concerned if the child's safety or well-being is at risk; and within 24 hours notify the provincial department of social development or a designated child protection organisation of the report and any steps that have been taken with regard to the child.
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 relevant provincial department of social development.
deal with the child in the manner contemplated in sections 151, 152 or 155.
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 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.
is three years or younger, and has been in alternative care for more than six months.
the probability of arranging for the child to be adopted or placed in another form of alternative care.
induces the child to remain with him or her or any other person.
use, procure, offer or employ a child for child labour.
designed to serve the purposes mentioned in section 144; and provided to families where there are children identified as being vulnerable to or at risk of harm or removal into alternative care.
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.
diverting children away from the child and youth care system and the criminal justice system; and avoiding the removal of a child from the family environment.
promoting the well-being of children and the realisation of their full potential.
Prevention and early intervention programmes must involve and promote the participation of families, parents, care-givers and children in identifying and seeking solutions to their problems.
temporary safe care; and assessment of programmes.
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.
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).
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).
report to the provincial head of social development in the relevant province the result of an inquiry in terms of subsection (6); and notify the provincial head of social development of any order made in terms of subsection (6) (c).
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.
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.
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.
from the care of a child and youth care centre to a secure care or more restrictive child and youth care centre.
the child and youth care centre or person to whom the child is to be transferred.
be removed from the child and youth care centre or person in whose care or temporary safe care the child is; and be put in temporary safe care at a place specified in the notice.
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 care centre or person in whose care or temporary safe care the child was immediately before the subsection (1) notice was issued.
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 a transfer to another child and youth care centre of any other form of placement.
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.
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.
an order of a children's court; or a transfer in terms of section 171.
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.
A person unsuitable to work with children is not a fit and proper person to be entrusted with the foster care of a child.
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.
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.
More than six children may be placed in foster care in terms of a registered cluster foster care scheme.
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.
Foster care may be terminated by a children's court if it is in the best interest of the child.
adoption of the child.
before approving a programme, authorise a suitably qualified person to assess the content of the programme.
The Minister, after consultation with interested persons and the Ministers of Education, Health, Home Affairs and Justice and Constitutional Development, must include in the departmental strategy a comprehensive 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.
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.
An accredited organisation operating a child and youth care centre only qualifies for funding from money appropriated by a provincial legislature if it complies with the prescribed national norms and standards contemplated in section 194 and such other requirements as may be prescribed.
a reformatory established in terms of section 52 of the Prisons and Reformatories Act, 1911 (Act 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) (j).
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 development within two years of the commencement of this chapter.
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.
any documents that may be prescribed.
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.
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.
reinstate the registration if the registration holder corrects the cause of the cancellation within that period.
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.
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.
if that person is a fit and proper to assist in operating a child and youth care centre.
in a manner that is conducive to implementing the residential care programme and other programmes offered at the centre.
assistance with personal hygiene; or laundry services.
outreach services; and prevention and early intervention.
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).
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.
access to refuse disposal services or other adequate means of disposal of refuse; and a hygienic area for the preparation of food for the children.
be accompanied by any documents as may be prescribed.
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.
The provincial head of social development must renew the registration of a dropin 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).
A person unsuitable to work with children is not a fit and proper person to operate or assist in operating a drop-in centre.
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.
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.
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.
suspend the cancellation for a period to allow the registration holder to correct the cause of the cancellation; and reinstate the registration if the registration holder corrects the cause of the cancellation within that period.
A person or organisation operating an unregistered drop-in centre and who is instructed in terms of subsection (1) (a) (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.
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.
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.
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.
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 at any time withdraw a delegation.
amend the written agreement contemplated in subsection (1); or withdraw the assignment of the functions.
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.
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 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.
in terms of section 171 transferring a child in alternative care;'.
5 Amends Chapter 7 of the Children's Act 38 of 2005 , as follows: paragraph (a) inserts Part 1 (sections 104 to 110 inclusive); paragraph (b) substitutes section 134 (3); and paragraph (c) inserts Part 4 (sections 135 to 141 inclusive).
7 Inserts Chapter 8 (sections 143 to 149 inclusive) in the Children's Act 38 of 2005.
9 Amends section 156 (1) of the Children's Act 38 of 2005 by inserting paragraph (f).
12 Amends section 304 (3) (a) of the Children's Act 38 of 2005 by inserting subparagraphs (i) and (ii).
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.
Government Communication and Information System (GCIS) office in North West Province coordinated the Excellent Customer Care training for service providers based at Thusong Service Centres in Bojanala and Dr Kenneth Kaunda district municipalities recently.
His sentiments were echoed by Daniel Sefike, an official from South African Security Service Agency (SASSA) in Brits: "It is a revival course which aims at remind us about our mandate when we deliver services to our clients. Now we know what to do when we provide service to members of the community and I think this training should also be extended to all officials in the public service or other government departments."
In her closing remarks, Ms Gale Diokana who represented GCIS in North West Province thanked all the officials who left their families behind in order to attend the training and also wished them all the best as they go back to their area of operation to implement skills and knowledge which they learnt during the training.
The 16 Days of Activism Campaign on No Violence against Women is an international initiative endorsed by United Nations. This campaign focuses primarily on generating an increased awareness of the negative impact of violence on women and children as well as society as a whole.
The launch will be led by the Minister of Women, Children and Persons with Disabilities, Ms Lulu Xingwana supported by Ministers in the Social and Justice, Crime Prevention and Security Clusters. The launch will also be attended by leaders of civil society organizations and senior government official.
How many (a) public schools as defined in the SA Schools Act, Act 84 of 1996 and (b) public further education and training (FET) institutions as defined by the Further Education and Training Act, Act 98 of 1998 benefited (i) in 2006, (ii) in 2007 and (iii) during the period 1 January 2008 up to the latest specified date for which information is available from the e-rate as contained in section 73 of the Electronic Communications Act, Act 36 of 2005 NW2644?
There are 9 FET colleges in KwaZulu-Natal (Coastal, Esayidi, Mnambithi, Mthashana, Majuba, Thekwini, Umgungundhlovu, Elangeni, Richtek FET colleges) and 1 in the Eastern Cape (Port Elizabeth FET College) benefitting from the e-rate in 2008.
Minister for Agriculture and Land Affairs, Ms Thoko Didiza, welcomed the outcome of the budget vote. More importantly, she welcomed the diesel rebate announced in the budget. The other important element of the speech was the recognition of the importance of land ownership and agricultural development for people who were previously excluded.
The role of this directorate is to ensure representative environmental governance, conduct environmental education and awareness and ensure implementation of multilateral environment agreements. The Environmental Advisory Board is represented by conservancies, the hunting industry, traditional leaders and NGO's who advice on environmental issues for a period of two years.
This directorate conducts the annual Cleanest Town Competition now known as the Greenest Municipality Competition, Limpopo Schools State of the Environment Report competition and Clean Up campaigns.