The Minister of Social Development has under section 306 of the Children's Act, 2005 (Act No.38 of 2005), after consultation with the Ministers for Justice and Constitutional Development, Safety and Security Health, Education, Finance, Transport, Home Affairs and Provincial and Local Government, made the regulations in the Schedule.
"the Act" means the Children's Act, 2005 (Act No.
Offences and Related Matters) Amendment Act, 2007 (Act No.
"the Criminal Procedure Act, 1977" means the Criminal Procedure Act, 1977 Act No.
"the Social Service Professions Act, 1978" means the Social Service Professions Act, 1978 (Act No. 110 of 1978).
A reference to a Form in these Regulations is a reference to the relevant Form contained in Annexure A.
drop-in centres, as contemplated in section 214 of the Act, within one year of the incorporation of the relevant provincial strategy into the relevant national strategy and every year thereafter.
commissioned by a Commissioner of Oaths.
Where a person whose signature is required in terms of paragraph (a) or (b) of sub-regulation (1) is incapable of furnishing a signature, a thumbprint of the person must be effected on Form 1 and duly attested by a commissioner of oaths.
A child who is older than16 years of age and who has a disability related to brain damage which renders the said child incapable of making a decision regarding a virginity test or a child with multiple disabilities who is not able to make such a decision, cannot be subjected to a virginity test.
A copy of the form contemplated in sub-regulation (1) must be retained by the person performing the virginity test for a period of three years after consent, as contemplated in this regulation, has been furnished.
Manner of conducting virginity test 4.
the least invasive means of testing for virginity is used with due regard to the child's right to bodily integrity.
A virginity test may be performed on a girl child only by a female person and on a boy child only by a male person.
the child has been given proper counselling by a parent, guardian or caregiver and a social service professional.
The age of a child consenting to a virginity test must be established by having regard to an identity document or birth certificate of the child, an affidavit furnished by the child's parent or care-giver confirming the age of the child or an estimation of age contemplated in section 48(2) of the Act.
Any person who contravenes any provision of this regulation is guilty of an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding two years, or to both such fine and such imprisonment.
MALE CIRCUMCISION Circumcision for social or cultural purposes 5.
by a medical practitioner or by a person with knowledge of the social or cultural practices of the child concerned and who has been properly trained to perform circumcisions.
the disposal of any instruments used for circumcision including any human tissue takes place in accordance with medical standards for the disposal of surgical instruments and human tissue.
6.(1) Circumcision performed for religious purposes on male children must be performed in accordance with the practices of the religion concerned and must be performed by a medical practitioner or by a person from the religion concerned who has been properly trained to perform circumcisions.
older than 16 years must be given by the child concerned and in a form identical to Form 3.
contain incidental matters related to the upbringing of the child or children that are being conferred by the mother or other person having parental responsibilities and rights upon the biological father or any other person having an interest in the care, well-being and development of the child.
Form 4 must be attached to the application for registration of the parental responsibilities and rights agreement as contemplated in sub-regulation (1).
Where parental responsibilities and rights agreement is to be made an order of the High Court, that agreement may contain particulars relating to the guardianship of the child.
Where parental responsibilities and rights are to be exercised in substantially the same manner by the biological father or any other person or persons having an interest in the care, well-being and development of the child with respect to more than one child in the same family, such parental responsibilities and rights agreement must be completed for each child.
The applicant or applicants for the registration of a parental responsibilities and rights agreement must file copies of such agreement with the family advocate, children's court or High Court, as the case may be, to enable each co-holder of parental responsibilities and rights to retain a copy of the registered agreement.
Where a family advocate is required to satisfy himself or herself as contemplated in section 22(5) of the Act that a parental responsibilities and rights agreement is in the best interests of the child, this must be done in a form identical to Form 5.
8.(1) A family advocate, social worker, social service professional or other suitably qualified person who conducts mediation in the case of a dispute between the biological father of the child and the biological mother of the child with regard to the fulfilment by that father of the conditions set out in section 21(1) of the Act, may certify the outcome of that mediation in a form identical to Form 6.
A certificate of non-attendance of the mediation required by section 21(3) of the Act may be completed in a form identical to Form 7 by a family advocate, social worker, social services professional or other suitably qualified person who has notified a respondent to attend such mediation and where such respondent has failed to attend.
Due consideration must be given to the views and wishes of the child or children in the development of any parental responsibilities and rights agreement, bearing in mind the child's or children's age, maturity and stage of development.
Bearing in mind the child's or children's age, maturity and stage of development, such child or children must be informed of the contents of the parental responsibilities and rights agreement by the family advocate, the children's court, the High Court, a social worker, social service professional, psychologist or the child's or children's legal representative.
Where a child or children referred to in sub-regulation (3) in respect of whom a parental responsibilities and rights agreement is concluded is or are not in agreement with the contents of the agreement, this should be recorded on the agreement, and the matter referred for mediation by a family advocate, social worker, social service professional or other suitably qualified person.
contain the full names, dates of birth, identity numbers or passport numbers (as the case may be), residential addresses and contact details of any child or children named in the parenting plan.
Where parental responsibilities and rights are to be exercised in the same manner by the holders of those responsibilities and rights with respect to more than one child in the same family, the application for registration of the parenting plan must be completed for each child.
The applicant or applicants for the registration of a parenting plan must file copies of such plan with the family advocate, children's court or High Court, as the case may be, to enable each co-holder to retain a copy of the registered parenting plan.
10.(1) The co-holders of parental responsibilities and rights as contemplated in section 30 and who are experiencing difficulty in exercising their responsibilities and rights as envisaged in section 33(2) of the Act must seek to agree on a parenting plan on matters referred to in section 33(3) of the Act.
of the Act, and must be completed in writing in a form identical to Form 10.
11.(1) Bearing in mind the child's age, maturity and stage of development, such child must be consulted during the development of a parenting plan, and granted an opportunity to express his or her views, which must be accorded due consideration.
When a parenting plan has been agreed the child must, bearing in mind the child's age, maturity and stage of development, be informed of the contents of the parenting plan by the family advocate, a social worker, social service professional, psychologist, suitably qualified person or the child's legal representative.
(Sections 76 - 90 of the Act) Types of partial care 12.
an after school service, other than a service provided by a school as defined in the South African School's Act 1996, (Act No.
temporary respite care services for children including children with disabilities.
For purposes of this Chapter "after school service" means the provision of meals, homework support, sporting activity support, life skills education and guidance and counselling support.
For purposes of this Chapter "private hostel" means a place which is operating during school terms and where children sleep over, are provided with meals, healthcare, life skills education, where their laundry is done and where the children receive guidance and counselling support, school attendance support, sporting activity support and cultural activity support.
For purposes of this Chapter "temporary respite care services" means a temporary service offered to children and to children with disabilities which is aimed at the provision of temporary care and relief and includes day care or sleepover, the provision of meals, school attendance support, sporting activity support, health care and laundry facilities and assistance with personal hygiene.
The national norms and standards for partial care contemplated in section 79 of the Act are contained in Part I of Annexure B.
14.(1) Subject to the provisions of sub-regulation (2), an application for the registration, conditional registration, the reinstatement or renewal of registration of a partial care facility must be lodged with the provincial head of social development of the province where the facility is situated in a form identical to Form 11.
If the performance of the functions contemplated in sections 80 and 81 of the Act has been assigned in terms of section 88 of the Act to the municipal manager of a municipality, an application contemplated in sub-regulation (1) must be lodged with that municipal manager.
a description of the contents of the programmes and services to be offered, including the aims and objectives.
a health certificate issued by the local municipality in whose area the facility is to operate confirming compliance with the structural health requirements of that municipality.
15.(1) The provincial head of social development or, where the function has been assigned to a municipal manager in terms of section 88 of the Act, the municipal manager or the social service professional, where the municipal manager has delegated the function to consider applications for the registration of a partial care facility to such social service professional concerned in terms of section 88 (3) of the Act, may, subject to section 83 of the Act, grant an application contemplated in regulation 14(1) for a period not exceeding five years.
On granting an application contemplated in regulation 14(1), the provincial head of social development or, where the function has been assigned to a municipal manager in terms of section 88 of the Act, the municipal manager or social service professional concerned, must issue to the applicant a certificate of registration or conditional registration or for the reinstatement or renewal of registration in a form identical to Form 12.
In rejecting an application for registration of a partial care facility, the provincial head of social development or the municipal manager, where the function has been assigned to him or her in terms of section 88 of the Act or the social service professional concerned, where the municipal manager has delegated such function to him or her in terms of section 88 (3) of the Act, must duly inform the applicant of the refusal in a form identical to Form 13 by registered post and must furnish reasons for such rejection to the applicant.
16.(1) An appeal contemplated in section 86(1) of the Act must be in a form identical to Form 14.
The MEC may, upon receipt of the applicant's or registration holder's written appeal and the provincial head of social development's reasons for the decision confirm, vary or set aside that decision.
An appeal contemplated in section 88(6) of the Act must be in a form identical to Form 15.
The municipal council may, upon receipt of the applicant's or registration holder's written appeal and the official in the employ of the municipality's reasons for the decision confirm, vary or set aside that decision.
Partial care provided during excursions, training programmes, social activities, cultural activities, sporting activities, camps or other activities, including overnight partial care, organised and provided by a religious denomination, a social organisation, a cultural organisation or a sports club is exempted from registration in terms of section 80 of the Act.
any period of absence of the child from the partial care facility.
reports and notes on any injury or bruise observed during the daily care of the child, including any observations which may relate to the possible abuse of the child.
A file must be kept of each staff member employed at a partial care facility including any period of absence from the partial care facility.
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Any register or file kept in terms of this regulation must be kept for a period of at least three years after the date of termination of the partial care service in respect of a child at a partial care facility.
Any irregular or dysfunctional behaviour of a child in a partial care facility must be brought to the attention of the parent or the caregiver of the child.
Quarterly progress reports must be furnished to the parent or the caregiver of each child in a partial care facility.
the ability to assess age related developmental milestones.
clearance certificates to the effect that his or her name does not appear in Part B of the National Child Protection Register, or the National Register for Sex Offenders issued by the Director-General and the Director-General of Justice and Constitutional Development, respectively.
An employee at a partial care facility who works with a child in such facility must be able to communicate with the child in a language, including sign language, which such child understands.
Closure of partial care facility 20.
a written notice of enforcement instructing a person or organisation operating an unregistered partial care facility to terminate its operation has been issued under of section 85 of the Act, that person or organisation must be allowed a period of not more than 90 days in order to wind up the affairs of that facility and to allow the parents or care-givers of children in that facility to make alternative arrangements for partial care.
When a person or organisation providing partial care intends to terminate its operation, such person or organisation must give the parents or care-givers of children admitted at such a facility a period 90 days written notice of such intention.
21.(1) All partial care facilities must be subjected to inspection and monitoring to determine compliance with these Regulations and Part I of Annexure B.
The inspection and monitoring contemplated in sub-regulation (1) must be executed by a person designated by the provincial head of social development.
All inspections and monitoring visits must be followed by a report that must be submitted to the provincial head of social development and the management of the partial care facility.
Inspection of a partial care facility must take place every five years or may take place at shorter intervals if inspection is a condition for registration or where inspection of the facility becomes necessary for the cancellation of a registration referred to in section 84(2) (a) of the Act.
Inspection as a result of a written complaint may at any time be ordered by the provincial head of social development.
22.(1) Before a provincial head of social development may assign functions to a municipal manager as contemplated in section 88 of the Act, he or she must conduct a needs assessment on the assignment of the functions referred to in that section in consultation with the municipality concerned.
the capacity to manage the functions to be assigned.
An agreement between the provincial head of social development and a municipality contemplated in section 88(2) of the Act must be in writing and signed by both parties in the presence of two witnesses.
a provision to the effect that the items contemplated in paragraphs (a), (b) and (c) must be reviewed and updated annually.
The national norms and standards for early childhood development programmes contemplated in section 94 of the Act are contained in Part II of Annexure B.
24.(1) Subject to the provisions of sub-regulation (2), an application for the registration or conditional registration of an early childhood development programme or the renewal of such programme must be lodged with the provincial head of social development of the province where the early childhood development programme is to provided and must be in a form identical to Form 16.
If the performance of the functions contemplated in sections 96 and 97 of the Act has been assigned to the municipal manager as contemplated in section 102 of the Act, an application referred to in sub-regulation (1) must be lodged with the municipal manager or a social service professional in the employ of the municipality and to whom the municipal manager has delegated such function.
a clearance certificate issued by the Director-General and the Director-General of Justice and Constitutional Development, respectively to the effect that the name of the applicant and staff members do not appear in Part B of the National Child Protection Register or the National Register for Sex Offenders.
25.(1) The provincial head of social development or, where the function has been assigned to a municipal manager in terms of section 102 of the Act, the municipal manager or social service professional concerned, may grant an application contemplated in regulation 24(1) for a period not exceeding five years.
On granting an application contemplated in regulation 24(1), the provincial head of social development or, where the function has been assigned to a municipal manager in terms of section 102 of the Act, the municipal manager or social service professional concerned, must issue to the applicant a certificate of registration or conditional registration or renewal of registration in a form identical to Form 17.
In rejecting an application for registration of an early childhood development programme, the provincial head of social development or, where the function has been assigned to a municipality in terms of section 102 of the Act, the municipal manager or social service professional concerned, must duly inform the applicant of the refusal in a form identical to Form 18 by registered post and must furnish reasons for such rejection to the applicant.
26.(1) An appeal contemplated in section 101(1) of the Act must be in a form identical to Form 19.
An appeal contemplated in section 102(6) of the Act must be in a form identical to Form 20.
the ability to implement systems, policies and procedures and to manage physical, financial and human resources.
28.(1) All early childhood development programmes must be subjected to assessment and monitoring to determine compliance with the national norms and standards for early childhood development contained in Part II of Annexure B and the assessment must be in a form identical to Form 21.
The assessment and monitoring contemplated in sub-regulation (1) must, subject to sub-regulation (3), be executed by a person designated by the provincial head of social development.
The assessment and monitoring contemplated in sub-regulation (1) must, where the power or function has been delegated to the municipal manager, be executed by such municipal manager or by a social service professional where the municipal manager has delegated his or her power or function to such social service professional.
All assessment and monitoring visits must be followed by a full report and development plan that must be submitted to the provincial head of social development and the management of the early childhood development programme.
Assessment and monitoring of early childhood development programmes must take place every two years.
29.(1) Before a provincial head of social development may assign functions to a municipal manager as contemplated in section 102 of the Act, he or she must conduct a needs assessment on the assignment of the functions referred to in that section in consultation with the municipality concerned.
An agreement between a provincial head of social development and a municipality contemplated in section 102(1) of the Act must be in writing and signed by both parties in the presence of two witnesses.
a provision to the effect that the particulars contemplated in paragraphs (a), (b and(c) must be reviewed and updated annually.
The national norms and standards for child protection services contemplated in section 106 of the Act are contained in Part III of Annexure B.
is registered as a nonprofit organisation in terms of the Nonprofit Organisations Act, 1997 (Act No.
is able to account for the utilisation of financial awards made by the Department or the Provincial Department of Social Development in an acceptable manner and in terms of the prescripts of the Public Finance Management Act, 1999 (Act No.
supports and commits itself to partnerships and collaboration with emerging organisations.
activity-based budgets reflecting the amount of funds required and the purposes for which such funds will be utilised.
the organisation's audited financial statements.
The Director-General or the provincial head of social development may designate an appropriate organisation that complies with the requirements specified in sub-regulations (1), (2) and (3) as a child protection organisation for a period not exceeding five years.
An organisation which has been designated as a child protection organisation in terms of section 107 of the Act or deemed to be designated in terms of section 108 of the Act must submit to the Director-General or to the provincial head of social development a new application for designation in accordance with this regulation at least 90 days before the expiry of the period of designation referred to in sub-regulation (4) or section 108(2) of the Act, as the case may be.
32.(1) A quality assurance referred to in section 109(2) of the Act must be conducted to evaluate a child protection organisation prior to the withdrawal of the designation as a child protection organisation.
any service delivery challenges.
33.(1) A report by a person contemplated in section 110(1) of the Act, who on reasonable grounds concludes as provided for in that section that a child has been abused in a manner causing physical injury, sexually abused, emotionally abused or deliberately neglected, must be made to the relevant authority in a form identical to Form 22 by completing that form to the best of that person's ability and by including in the form such particulars as are available to him or her.
The provincial department of social development, designated child protection organisation or police official to whom a report contemplated in sub-regulation (1) has been made, must submit the particulars of the abuse in a form identical to Form 23 to the Director-General for inclusion in Part A of the National Child Protection Register.
in writing in a form identical to Form 24.
a statement relating to a pattern or history of abuse or deliberate neglect from a witness relating to the abuse of the child.
any unexplained delay in seeking medical treatment for a child who is seriously injured, should be considered as a possible indicator of abuse or neglect.
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appropriate protective measures to be taken in respect of a child.
decide on the appropriate protective measures or intervention as provided for in the Act.
the placement of the child in alternative care be considered only in cases where a serious and immediate danger to the child outweighs the trauma involved in such a removal.
is able to work in a multi-disciplinary team with the objective of securing the best protection plan based on a child's developmental needs.
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take the protective measures contemplated in the Act prescribed in Section 151 and 152 of the Act.
not be subjected to cruel or degrading language.
A child must, prior to his or her being examined or assessed for purposes of establishing whether such child has been abused or neglected, consent, either verbally or in writing, to the assessment or examination if such child is of sufficient maturity and has the mental capacity to understand the reasons for the examination or assessment: Provided that an assessment or examination may proceed in the absence of a child's consent if it is deemed to be in the best interests of such child, in which case the reasons for proceeding with the assessment or examination must be noted in writing by the person doing the assessment or examination and explained to the child and to his or her parent, guardian or care-giver.
39.(1) (a) A provincial department of social development or a designated child protection organisation must notify the Director-General in writing of a report relating to a child in need of care and protection or a report relating to the abuse or deliberate neglect of a child as contemplated in sections 110(5) and 114(1)(a) of the Act made by any person referred to in section 110(1), (2) or (4) of the Act, within 21 days of conclusion of the investigation by that department or organisation if the department or organisation is satisfied that the safety or well-being of the child concerned is at risk and that the report is not frivolous or obviously unfounded.
The Director-General must upon receipt of the notification, cause the particulars set out in the notification to be included in Part A of the National Child Protection Register forthwith.
The Director-General must be notified in writing of the conviction of a person on a charge as contemplated in section 114(1)(b) of the Act, or of a finding as contemplated in section 114(1)(c) of the Act, by the registrar or clerk of the court concerned, as the case may be, within 14 days of such conviction or finding.
be in a form identical to Form 25.
The Director-General must upon receipt of a notification contemplated in paragraph (a), cause the particulars set out in the notification to be included in Part A of the National Child Protection Register forthwith.
A registrar or clerk of the court who has notified the Director-General of a conviction of a person as contemplated in subregulation (2), must inform the Director-General in writing of any successful appeal against or review of such conviction within seven days of receipt of a notice of the outcome of the appeal or review, upon which the Director-General must remove the name and particulars of the relevant person from Part A of the National Child Protection Register forthwith.
the particulars of the children's court in which the finding was made and the case number.
be in a form identical to Form 22.
in a form identical to Form 26.
If the person making the inquiry in terms of sub-regulation (1) is a child below the age of 12 years, such child must be assisted in making the inquiry by his or her parent, guardian, care-giver or by a designated social worker, unless it is demonstrated to the satisfaction of the Director-General that the child is of sufficient maturity to make the inquiry on his or her own.
a brief description of the incident or act that led to the inclusion.
The particulars to be included in Part B of the National Child Protection Register in terms of section 119 of the Act of a person found unsuitable to work with children in terms of section 120 of the Act must be in a form identical to Form 27.
42.(1) (a) A notification contemplated in section 122(1) of the Act must be forwarded to the Director-General within 21 working days of a finding that a person is unsuitable to work with children.
be in a form identical to Form 28.
In the event that a relevant administrative forum contemplated in section 122(1) of the Act, has no official or staff member acting in the capacity of registrar or clerk of the court, the person responsible for convening the meeting or hearing of the administrative forum where the finding of the unsuitability of a person to work with children was made must notify the Director-General of the finding as contemplated in section 122 of the Act and sub-regulation (1).
The Court which has considered an appeal against or reviewed a finding that a person is unsuitable to work with children in terms of section 121 of the Act, must notify the Director-General in writing of any successful appeal against or review of such finding within seven days of receiving notice of the outcome of the appeal or review.
Upon receipt of a notice in terms of sub-regulation (3) the Director-General must remove the name and particulars of the relevant person from Part B of the National Child Protection Register forthwith.
own or have any economic or business interest in any entity, business concern or trade relating to the supervision or care of a child if such interest would cause that person to have direct access to or would place him or her in a position of authority, supervision or care of a child.
details of the position that will be or is held by the affected person; and (cc) the full names and surname, including any alias or nickname, identity number or passport number or driver's license number, physical address, postal address, telephone numbers and any other relevant contact details of the affected person.
a request for the furnishing of reasons why the affected person's name was included in Part B of the National Child Protection Register in the event that such an entry is found.
of the Act by way of a form determined by the Director-General.
The Director-General must, upon each entry of a person's name in Part B of the National Child Protection Register as being unsuitable to work with children, notify the affected person of such entry in writing within 21 working days of such entry by way of a form determined by the Director-General.
45.(1) (a) An application to the Director-General for the removal of a person's name and information from Part B of the National Child Protection Register based on an erroneous entry as contemplated in section 128(2)(b) of the Act must be accompanied by an affidavit by such person and must be in a form identical to Form 31.
The Director-General must notify the applicant of the outcome of an application contemplated in paragraph (a) within 21 working days of receipt of the application by way of a form determined by the Director-General.
a report, obtained at the applicant's own cost, compiled by a psychologist or psychiatrist duly registered or deemed to be registered in terms of the Health Professions Act, 1974 (Act No.
is alleged to have committed an offence in relation to a child, which alleged offence gave rise to the inclusion of that person's name in Part B of the National Child Protection Register, in respect of whom a court has made a finding and given a direction in terms of section 77(6) or 78(6) of the Criminal Procedure Act, 1977, after a period of five years has lapsed after that person has recovered from the mental illness or mental defect in question and is discharged in terms of the Mental Health Care Act, 2002 (Act No. 17 of 2002), from any restrictions imposed upon him or her.
The clerk or registrar of the court, as the case may be, must notify the Director-General in writing, in a form identical to Form 32, of the finding of the court regarding an application for the removal of a person's name and information from Part B of the National Child Protection Register within 14 days of such finding, upon which the Director-General, if the application for removal had been successful, must cause the name and information to be removed forthwith.
The Director-General must notify each person of the removal of his or her name and information from Part B of the National Child Protection Register upon the direction of a court within 14 working days of such removal by way of a form determined by the Director-General.
A person whose name has been included in Part B of the National Child Protection Register and who has been duly informed of such inclusion in terms of section 127(3) of the Act, must notify the Director-General of any change in his or her name or names, sex, identity number, physical or postal address within 14 days of such change.
An application to the Minister for the Minister to consent to the medical treatment of or surgical operation on a child in terms of section 129(7) and (8) of the Act must be made in writing in a form identical to Form 33.
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A parent or guardian who duly assists a child to consent to the performance of a surgical operation on such child must assent to this in writing on the same form contemplated in sub-regulation (1).
The parent or guardian of a child parent who duly assists such child parent to consent to the performance of a surgical operation on the child concerned, must assent to this in writing in a form identical to Form 35.
report any death within that household to a police official and to the provincial head of social development.
submit the monthly expenditure plan, duly signed as contemplated in paragraph (b), to an organ of state or a non-governmental organisation, as the case may be, which designated the adult to supervise the child-headed household, together with the original documents, receipts, invoices and other documentation that may serve as proof of the expenditure incurred.
The organ of state or a non-governmental organisation which designated the adult referred to in sub-regulation (1) may, upon the absence of a counter-signature as contemplated in that sub-regulation or, if there is reason to believe that there is a misappropriation or maladministration of money, cause the matter to be investigated and may take the steps that may be required by the circumstances, including the institution of criminal charges against that adult and the replacement of the adult by another supervising adult.
The national norms and standards for prevention and early intervention programmes contemplated in section 147 of the Act are contained in Part IV of Annexure B.
without a court order in terms of section 152(1) of the Act, must complete a form identical to Form 36 and submit it to the temporary safe care as soon as is practicable.
notify the designated social worker immediately of any difficulties with such placement and of any change in the child's residential address.
the date upon which the child was found in the Republic, in the case of a child contemplated in paragraph (d).
The parent, guardian or care-giver of a child as contemplated in sub-regulation (1)(a), (b) or (c) must be notified by the clerk of the court to attend proceedings of the children's court where a decision will be made as to whether the child is in need of care and protection in a form identical to Form 37. Report by designated social worker 55.
the possibility of placing the child in foster care with relatives or non-relatives or with a cluster foster care scheme.
A permanency plan approved by a children's court must, unless the children's court, in terms of section 157(1)(b)(v) of the Act, directs otherwise, be evaluated by the social worker concerned within six months of its implementation and thereafter at intervals of six months with a view to establishing, unless he or she had been adopted or placed in foster care, whether the child may be returned to the care of his or her parent or care-giver.
address any written request by a presiding officer to the designated social worker concerned.
56.(1) If it appears to a designated social worker that a child has been abandoned or orphaned, whether for purposes of determining if such child is in need of care and protection or if such child can be made available for adoption, such social worker must cause an advertisement to be published in at least one local newspaper circulating in the area where the child has been found calling upon any person to claim responsibility for the child.
have regard, in the case of an abandoned child, to an affidavit, setting out the steps taken to trace the child's parent, guardian or care-giver, by the social worker concerned to the effect that the child's parent, guardian or care-giver cannot be traced and an affidavit by any other person, if any, who can testify to the fact that the child has had no contact with his or her parent, guardian or care-giver for a period of at least three months.
57.(1) Subject to sub-regulation (2), approval to provide temporary safe care to a child must be in writing in a form identical to Form 39 a copy of which must be handed to the relevant person, the head of the relevant place, facility or premises immediately upon approval.
care will be provided in accordance with the definition of "care" in section 1 of the Act.
58.(1) Leave of absence may, subject to sub-regulation (2), be granted to a child in alternative care in terms of section 168(1) of the Act at any time and for a period not exceeding six weeks at any given moment.
where such leave is based only on staff shortages or on an absence of developmental programmes at a child and youth care centre during the holiday period.
59.(1) For the purposes of section 171(1) of the Act, the monthly fees payable by a provincial department of social development in respect of a child in alternative care in that province, must, upon transfer of that child to a child and youth care centre, or a person in whose care or temporary safe care that child has been placed in that province, be paid by the provincial department of social development to a child and youth care centre, or a person in whose care or temporary safe care that child has been transferred and placed.
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For the purposes of section 171(2) of the Act, the monthly fees payable by a provincial department of social development in respect of a child in alternative care in that province ("sending province"), must, upon transfer of that child to a child and youth care centre or to a person in another province ("receiving province"), be terminated by the sending province and must be paid, in accordance with the rates applicable in the receiving province.
The fees referred to in sub-regulation (3) are payable from the date of arrival of the child in the receiving province, by the provincial department of social development in such other province until the child is transferred, removed or discharged from the child and youth care centre or from the care of a person in such other province.
the outcome of which must be contained in a report that addresses all factors referred to in paragraph (b).
No: R. 261 Title: Children's Act (38/2005): General regulations regarding children Page 28 of 137 parent, guardian, care-giver, family members and the child.
The reports contemplated in sub-regulations (1)(c) and (2) may be combined in a single report and must be submitted to the provincial head of social development as soon as possible.
The procedure for assessing the best interest of the child and for the reunification of the child with his or her immediate family or other family members as prescribed in regulation 60 apply with the necessary changes required by the context in respect of the discharge of a child from alternative care.
who is to be discharged from alternative care in terms of section 175 of the Act, must be accompanied by a social worker, social service professional or escort, who must, be employed by the provincial department of social development or by an designated child protection organisation.
The travel arrangements for the child and the social worker, social service professional or escort for the purposes of subregulation (1) must be made by the child and youth care centre, or a person in whose care or temporary safe care the child is or the provincial department of social development.
The costs related to the transport of a child in terms of this regulation, including the costs of an escort, must be paid for out of funds made available for this purpose by the provincial department of social development.
must be given access to adequate overnight facilities, shelter and food in the event that the distance to be travelled requires staying over.
An application for the extension of placement in alternative care as contemplated in section 176(2) of the Act must be made in terms of regulation 28(3)(d) of the Regulations relating to the application for and payment of social assistance and the requirements or conditions in respect of eligibility for social assistance made under the Social Assistance Act 2004 (Act No. 13 of 2004).
Serious injury, abuse or death of any child in alternative care must be reported in terms of section 178(1) or (2) of the Act in a form identical to Form 40.
ensure that the child is treated in a manner substantially similar to other children living in the same household, except where the special needs of that child or any other child in the household require otherwise.
A foster parent must notify the designated social worker or designated child protection organisation, as the case may be, of any change of address.
A foster parent may not designate the day to day care of a foster child to any other person for a continuous period of one week without agreeing thereto with the designated social worker or designated child protection organisation.
A foster parent must notify the designated social worker or designated child protection organisation, as the case may be, within 14 days, of any material changes in his or her living circumstances, or his or her family's living circumstances, which are likely to have a material effect on the foster placement.
66.(1) A foster parent has the right to take all day to day decisions necessary for the care, upbringing and development of the foster child in his or her care.
A foster parent has the right to reasonable privacy of home life, and not to be subjected to threats, harassment and undue intrusions upon the exercise of his or her foster care responsibilities by biological parents or family members of the foster child.
A foster parent has the right to be informed by the designated social worker or the designated child protection organisation, as the case may be, of any fact or occurrence that may substantially affect the foster placement of the child in his or her care.
A foster parent has the right to apply for the adoption of the child and has the right to be informed of any application to adopt the foster child in his or her care.
A foster parent may give notice that he or she has been informed of a pending application for the adoption of a foster child in his or her care, and that he or she does not wish or is unable to adopt the child or to submit an application for the adoption of the foster child, in a form identical to Form 41.
A foster parent has the right to ongoing training and support from a social worker in order to enable such foster parent to deal effectively with a foster child and the child's biological parents.
A foster parent has the right to be informed about any investigation or assessment of his or her psycho-social background.
A foster parent has the right to be informed about the foster child's educational history, assessments and achievements to ensure the foster child's optimal educational needs.
is registered as a non-profit organisation in terms of the Non-profit Organisations Act, 1997 Act No.
has been approved by the provincial head of social development to provide cluster foster care.
Any organisation contemplated in section 183(1)(a) of the Act that wants to operate or manage a cluster foster care scheme must apply for that scheme to be registered with the provincial department of social development in a form identical to Form 42.
Upon granting an application contemplated in sub-regulation (1) the provincial head of social development must issue to the applicant a certificate of registration in a form identical to Form 43 and may impose such conditions as he or she deems necessary or expedient.
In rejecting an application for registration of a cluster foster care scheme, the provincial head of social development must duly inform the applicant of the rejection in a form identical to Form 44 by registered post and must furnish written reasons for such rejection.
Where a non-profit organisation seeks registration for more than one cluster foster care scheme such organisation must complete a form in respect of each scheme.
A head of a provincial department of social development may deregister a registered cluster foster care scheme if such scheme has failed to comply with any condition of registration or if such a scheme has failed to comply with any requirement for registration, provided that 90 days notice is given to the cluster foster care scheme in a form identical to Form 45 of the intention to deregister such scheme.
A cluster foster care scheme which has received a notice contemplated in sub-regulation (5) may make representations to the head of the department of social development of that province in a form identical to Form 46 within the 90 days notice contemplated in sub-regulation (5).
If a cluster foster care scheme is deregistered as contemplated in sub-regulation (5) after consideration of the representations contemplated in sub-regulation (6), the scheme must be notified thereof, together with the reasons for such decision, in a form identical to Form 47.
of the financial management, the programmes and services to be delivered in terms of that plan or agreement.
relating to mechanism by which foster children in a cluster foster care scheme can record any complaint regarding abuse or exploitation.
achievements and challenges.
An organisation contemplated in sub-regulation (1) must ensure that clearance certificates, to the effect that the names of any active members providing foster care to children in the scheme do not appear in Part B of the Register or the National Register for Sex Offenders, issued by the Director-General and the Director-General of Justice and Constitutional Development, respectively.
entered into a formal agreement with a designated child protection organisation to provide the required social work services.
An organisation contemplated in sub-regulation (1) must ensure that the transfer of children between foster parents who are active members of that organisation is carried out in accordance with the procedure determined in section 171 of the Act.
cost saving mechanisms to be adopted to the benefit of the children in the cluster foster care scheme.
fulfil the social, cultural and religious needs of any child in cluster foster care.
involve active members of an organisation, as well as the children in cluster foster care, in identifying and seeking solutions to their problems.
The national norms and standards for child and youth care centres contemplated in section 194 of the Act are contained in Part V of Annexure B.
regular communicate with and be visited by his or her parent or parents, guardian, next of kin, social worker, probation officer, case manager, religious counsellor, health care professional, psychologist, legal representative, child and youth care worker, unless a court order or his or her care or development programme indicates otherwise or unless he or she chooses otherwise.
have access to community activities and structures unless a court order or his or her care or development programme indicates otherwise.
allow for fair procedures for those who have allegations made against them.
A child must, upon admission to the centre, be informed of the complaints procedure.
Core components and implementation of programmes relating to the developmental, therapeutic and recreational needs of children.
income generating activities.
counselling to children in child labour, commercial sexual exploitation and child trafficking.
awareness of the availability of programmes must be raised.
ensuring, through programmes and effective role modelling, that children are given opportunity and encouragement to demonstrate and practise positive behaviour.
behaviour modification such as punishment or reward systems or privilege systems, other than as a treatment or development technique within a documented individual treatment or development programme which is developed by a team including the child and monitored by an appropriately trained multi-disciplinary team.
A child may be isolated from other children, only if he or she cannot be managed and is deemed to be a danger to himself, herself or others, for a period of no longer than two hours, for the purposes of providing support and giving him or her time to regain control and dignity.
Any child isolated from other children must be under the constant observation of a social worker, child and youth care worker or psychologist, and must be provided with physical care, emotional support, and counselling which assists in reintegration into the group as soon as possible.
No child may be isolated or locked up as a form of discipline or punishment.
The room where a child is isolated may not be a bathroom or toilet, a windowless room, a basement room, vault or storeroom.
A register must be maintained which details the reasons for and the period of a child's isolation, together with a report on the support and counselling provided and the response of the child during the period of isolation.
any other unusual circumstances that are likely to affect the safety or well-being of any child at the centre.
78.(1) An application for the registration, conditional registration of a child and youth care centre by an organisation referred to in section 197 of the Act or renewal of such registration must be lodged with the provincial head of social development of the province in which the facility is situated in a form identical to Form 48.
a certificate issued by the relevant authority to the effect that the child and youth care centre complies with national and local building regulations.
clearance certificates issued by the Director-General and the Director-General of Justice and Constitutional Development, respectively to the effect that the names of any member of the management board appointed in terms of regulation 84 and that of any employee do not appear in Part B of the National Child Protection Register or the National Register for Sex Offenders, respectively.
A provincial head of social development may allocate a designated social worker or social service professional to render assistance to an applicant in the preparation of an application for registration.
indicate in the notice referred to in paragraph (a) that the application is available for scrutiny, comment and objection for a period of 21 days after publication of the notice.
80.(1) The provincial head of social development must after receipt of the application as contemplated in regulation 78 consider the application in terms of section 200 of the Act.
Upon granting an application contemplated in regulation 78(1) the provincial head of social development must issue the certificate contemplated in section 200(1)(b) of the Act in a form identical to Form 49 and impose such conditions as he or she may consider necessary.
The provincial head of social development may grant the application referred to in sub-regulation (2) for a period not exceeding five years.
In refusing an application for registration or the renewal of registration of a child and youth care centre, the provincial head of social development must duly inform the applicant of the refusal in a form identical to Form 50 by registered post and must furnish reasons for such refusal.
If there is a deviation from the conditions and requirements for registration, in terms of the Act, on which the initial application for registration was granted, the holder of a registration of a child and youth care centre must, within 30 days of becoming aware of such deviation, apply to the provincial head of social development in the relevant province for an amendment of the registration.
The persons contemplated in section 209(1) must have some of the training and skills referred to in regulation 75 (1): Provided that where any such person is a professional whose profession requires registration, such person must be registered with the relevant professional body.
in the case of support staff referred to in regulation 82(e), the person or organisation (registration holder) referred to in section 209(1) of the Act can decide whether or not that position must be advertised and if so how.
a community representative from the community where the child and youth care centre is situated.
has knowledge and experience of the particular programme or programmes that the child and youth care centre is registered to provide.
In the case of support staff referred to in regulation 82(e) a person or organisation (registration holder) referred to in section 209(1) of the Act, can decide how the interview panel is to be constituted.
in order to allow for effective leadership transition, the Minister, MEC or the Mayor may extend the period of membership of any four members appointed by him or her, for a second five year period.
If a child and youth care centre is a privately operated child and youth care centre, the management board must be appointed by the registration holder in terms of the same procedure as contemplated in sub-regulation (1) and subject to the provisions of sub-regulations (3) and (4).
The registration holder may, instead of persons referred to in sub-regulation (1)(d)(i), appoint any other person that he or she deems appropriate.
No person who has not submitted a clearance certificate, to the effect that his or her name does not appear in Part B of the National Child Protection Register or the National Register for Sex Offenders, issued by the Director-General and the Director-General of Justice and Constitutional Development, respectively, may be appointed to a management board.
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the board may decide on its own procedures regarding matters on which these regulations are silent, provided that there is consensus regarding such procedures, failing which the procedure set out in paragraph (d) must be followed.
Responsibilities of management board 86.
its members perform their duties in good faith and in a manner they reasonably believe to be in the best interests of the children residing in the child and youth care centre.
ensure that assets of the centre are maintained and protected.
A management board must ensure that it receives regular written reports from the manager.
87.(1) The manager of a child and youth care centre is responsible for the day to day operation of the child and youth care centre.
The manager and the management board must strive for a co-operative relationship characterised by openness and trust.
The management board is responsible for the approval of policy.
88.(1) Every child and youth care centre must operate according to a constitution or founding document.
dispute resolution procedures.
89.(1) Every child and youth care centre must undergo a quality assurance process, as required by section 211(1) of the Act and in terms of section 211(2) of the Act, within two years of registration of such centre.
The quality assurance process must be repeated periodically, at intervals of not more than three years from the date on which the previous quality assurance process was finalised.
Notwithstanding the provisions of sub-regulations (1) and (2) and subject to section 211(2) of the Act, the provincial head of social development may order a quality assurance process at any time, where she or he has reason to believe that such centre has failed to comply with any provision of the Act and any regulations made in terms of the Act.
An independent quality assurance team contemplated in section 211(2)(b) of the Act must be appointed by the provincial head of social development.
include any person the provincial head of social development may deem appropriate.
An applicant or a registration holder aggrieved by a decision of a provincial head of social development may appeal against such decision to the MEC for social development of that province in a form identical to Form 51 within 90 days of the receipt of such decision.
The national norms and standards for drop-in centres contemplated in section 216 of the Act are contained in Part VI of Annexure B.
92.(1) Subject to the provisions of sub-regulation (2), an application for the registration, conditional registration or renewal of registration of a drop-in centre must be lodged with the provincial head of social development of the province where the facility is situated in a form identical to Form 52.
If the performance of the functions contemplated in sections 217 and 218 of the Act has been assigned to a municipal manager or delegated to a social service professional in the employ of the municipality, an application contemplated in subregulation (1) must be lodged with the municipal manager of that municipality.
clearance certificates to the effect that the name of the applicant and the name of any employee do not appear in Part B of the National Child Protection Register or the National Register for Sex Offenders issued by the Director-General and the Director-General of Justice and Constitutional Development, respectively.
93.(1) Upon granting an application referred to in regulation 92(1), the provincial head of social development or, where the function has been assigned to a municipal manager in terms of section 225 of the Act, the municipal manager or social service professional concerned, must issue to the applicant a certificate of registration, conditional registration or renewal of registration in a form identical to Form 53.
The registration contemplated in sub-regulation (1) may be for a period not exceeding five years.
In rejecting an application for registration of a drop-in centre, the provincial head of social development or, where the function has been assigned to a municipality in terms of section 225 of the Act, the municipal manager or social service professional concerned, must duly inform the applicant of the refusal in a form identical to Form 54 by registered post or by hand delivery.
any disability, chronic medical condition or dietary requirement and any other critical information for the care and development of a child.
reports and notes on any injury to or bruises on the child observed during the child's admission at the drop-in centre including any observations which may relate to the possible abuse of the child.
A file must be kept of each staff member employed at, or volunteer providing services at, a drop-in centre.
A disciplinary register must be kept in which the name of the child, the nature of the behaviour and the disciplinary measure imposed.
Any register or file kept in terms of this regulation must be kept for a period of at least three years after the date of termination of attendance by a child at a drop-in centre.
Any irregular or dysfunctional behaviour of a child in a drop-in centre must be brought to the attention of the parent or the care-giver of the child, where their whereabouts are known.
Quarterly progress reports must be furnished to the parent or the caregiver of each child in a drop-in centre, where their whereabouts are known.
skills or training on child development.
proof of his or her skills or training.
Any person rendering services to children at a drop-in centre and who works directly with a child in such centre must be able to communicate with the child in a language, including sign language, which such child understands.
If a drop-in centre renders services to children with special developmental and behavioural needs, one or more persons with specialised skills in dealing with such children must be employed or available to provide such specialised services.
97.(1) An appeal by an applicant or a registration holder aggrieved by a decision of a provincial head of social development must be in a form identical to Form 56.
An appeal by an applicant or a registration holder aggrieved by a decision of an official in the employ of a municipality must be in a form identical to Form 57.
(Sections 228 - 253 of the Act) Register on Adoptable Children and Prospective Adoptive Parents 98.
of the Act and section 123(1)(c) of the Act must apply for such a person's name to be registered in the Register on Adoptable Children and Prospective Adoptive Parents referred to in section 232 of the Act.
An application as contemplated in sub-regulation (1) must be in a form identical to Form 58.
An adoption social worker who is satisfied that a child is adoptable as contemplated in section 230(3) of the Act must apply for such a child's name to be registered in the Register on Adoptable Children and Prospective Adoptive Parents referred to in section 232 of the Act.
An application as contemplated in sub-regulation (3) must be in a form identical to Form 59.
An application as contemplated in this regulation must be lodged with the Director-General.
The Director-General must inform a prospective adoptive parent and the adoption social worker who applied for registration or the renewal of such registration of his or her decision and provide the relevant registration number.
99.(1) An application for the adoption of a child may be lodged by any person contemplated in section 231(1) of the Act.
An application contemplated in sub-regulation (1) must be in a form identical to Form 60 and must be lodged with the clerk of the court in the district where the child is resident.
No: R. 261 Title: Children's Act (38/2005): General regulations regarding children Page 42 of 137 regardless of whether they are married or not, in a form identical to Form 61, and of the child, where such child is a child referred to in section 233(1)(c) of the Act, in a form identical to Form 62, as required by section 233(1)(a) or section 233(1)(c) of the Act, as the case may be.
be accompanied by a report from an adoption social worker that the applicant is a prospective adoptive parent.
The consent forms referred to in sub-regulation (3)(b) and (c) must be signed in the presence of a presiding officer of the children's court as contemplated in section 233(6)(a) of the Act or in the case of consent given outside the Republic by a person referred to in regulation 100 as contemplated in section 233(6)(b) of the Act.
If consent to adoption is given outside the Republic, it must be signed in the presence of an officer in the service of a South African diplomatic or consular mission, or by a judge, magistrate, justice of the peace or public officer of the country concerned.
The presiding officer, in the case of consent given inside the Republic, or the persons referred to in regulation 100, in the case of consent given outside the Republic, must verify the identity of the person giving such consent against a valid identity document or a valid passport.
A child who wishes to withdraw the consent must do so in writing, in a form identical to Form 65, in the presence of any presiding officer with 60 days of such consent.
103.(1) A post adoption agreement contemplated in section 234 of the Act must be in a form identical to Form 66.
A party to a post adoption agreement must inform all other parties to such an agreement of any change to any of the particulars referred to in sub-regulation (1) within seven days of such change.
104.(1) In order to establish the name and address of each person whose consent for an adoption is required in terms of section 233 of the Act, the clerk of the children's court must request the relevant accredited child protection organisation or the relevant adoption social worker to provide him or her with the name and address of such persons.
If the name or address of the person whose consent for adoption is required is not known, the relevant accredited child protection organisation or the relevant adoption social worker may employ a tracing agency or may place an advert in a newspaper in order to obtain the required details.
the child's identity document or birth certificate or where these are not available, a sworn statement to that effect by an adoption social worker.
Upon receipt of the documents contemplated in sub-regulation (1) the Adoption Registrar must register such information in the adoption register.
the remaining copy of the adoption order to the relevant clerk of the children's court.
106.(1) If the High Court concerned rescinds an order of adoption in terms of section 243 of the Act, the Registrar of that Court must submit a copy of the court order to the clerk of the relevant children's court.
The clerk of the relevant children's court must, upon receipt of the court order, notify the Director-General of Home Affairs in terms of the Births, Marriages and Deaths Registration Act, 1992 (Act No. 51 of 1992), of that order.
The clerk of the court referred to in sub-regulation (2) must submit one copy of the court order to the Adoption Registrar who must deregister the adoption.
Origin enquiry/tracing R200, 00 per hour.
Any adoption social worker who has registered a speciality in adoption services in terms of the Social Service Professions Act, 1978 (Act no. 110 of 1978) and any organisation designated as a child protection organisation in terms of section 107 of the Act may apply for accreditation in terms of section 251 (1) of the Act.
A child protection organisation accredited to provide adoption services may, for purposes of recruitment, publish advertisements in one national newspaper and one local newspaper circulating in the area where such organisation has it business premises.
Any organisation designated as a child protection organisation in terms of section 107 of the Act may apply to the Central Authority for accreditation in terms of section 259(1) of the Act.
the reasons why the applicant wishes to adopt a child.
In the event of more than one applicant applying jointly for the adoption of a child, the information set out in subregulation (1) must be provided in respect of each applicant.
112.(1) In addition to the requirements set out in article 16 of the Hague Convention on Inter-country Adoption, the report on a child required by section 261(3) or 262(3) of the Act must be a comprehensive child study report compiled by an adoption social worker employed by a designated child protection organisation.
the child's consent, if he or she is ten years of age or older, which must be annexed to the report.
The order for adoption granted in terms of section 261(5) or 262(5) of the Act must be issued by the children's court in a form identical to Form 67.
114.(1) Where the Central Authority of the Republic withdraws its consent to an inter-country adoption given to a convention country pursuant to section 261(6) or 262(6) of the Act, the Central Authority of the Republic must forward a letter setting out the withdrawal of consent to the Central Authority in the convention country with whom the agreement was made, requesting co-operation for the return of the child to the Republic.
The letter contemplated in sub-regulation (1) must be forwarded electronically or through a postal service.
The request for co-operation contemplated in sub-regulation (1) must be stipulated in specific terms, including the time when and the place where the child has to be handed over to an identified representative of the Central Authority of the Republic.
The Central Authority of the Republic must appoint an escort to accompany a child on his or her return to the Republic, who must be a suitably qualified or experienced person employed by the Department or by a designated child protection organisation.
The costs related to the return of the child, including the costs of the person appointed to escort the child, must be paid for out of funds made available for this purpose by the Central Authority of the Republic.
The Central Authority of the Republic must, within seven days of the child's arrival in the Republic, effect an appropriate amendment to the adoption register established in terms of section 247 of the Act and notify the Director-General of the Department of Home Affairs of the child's return.
Children must experience safety and feel cared for whilst at the partial care facility.
Premises inside and outside must be safe, clean and well-maintained.
Equipment used must be safe, clean and well-maintained.
There must be adult supervision at all times.
The structure must be safe and weatherproof.
Floors must be covered in washable and easy to clean material that is suitable for children to play and sleep on and walls must be safe and easy to clean.
All reasonable precautions must be taken to protect children and staff from the risk of fire, accidents or other hazards.
Safety measures must be undertaken when transporting children.
transport operators transporting children are registered, suitably trained, screened against Part B of the Child Protection Register and possess the necessary licences and permits as prescribed by the National Land Transport Transition Act, 2000 (Act No.
there is no overloading of children in vehicles.
Staff must have the ability to identify children who are ill and be able to refer them for appropriate health services.
Policies and procedures relating to the health care of children whilst at the partial care facility must be in place.
guidelines for preventing the spread of diseases at the partial care facility.
in cases of emergency, the child must be taken to the nearest hospital or clinic for treatment and appropriate referral.
records of health incidents and accidents occurring at the facility.
Every partial care facility must have a first-aid kit.
The partial care facility must have adequate ventilation and sufficient light.
Space for different activities and functions must be clearly demarcated.
Where applicable, new buildings and alterations to buildings must comply with the building standards as set out by the National Building Regulations and Building Standard Act, 1997 (Act No. 103 of 1997).
Safe and clean drinking water must always be available.
Where water is not from a piped source, it must be treated and made safe using approved national health guidelines for the treatment of water by adding one teaspoon of bleach to 25 litres of water.
All water containers must be covered at all times.
Partial care facilities catering for toddlers must have potties, toilets and washbasins.
Toilet and hand washing facilities must be reachable for children over the age of three years.
there must be a clearly demarcated nappy changing area with a surface that can be easily cleaned. This area must be situated away from the food preparation area.
all toilets must be safe and hygienic.
one toilet and one hand washing basin for every 20 children.
There must be adult supervision at all times when children use the toilet.
Where applicable the local authority regulations and by-laws in respect of physical characteristics of building and health requirements must be adhered to.
Medicine, cleaning substances and any dangerous substances must be kept out of reach of children.
Medicine and dangerous substances must be kept in separate locked or childproof cupboards.
Dangerous objects, materials, sharp instruments and utensils must be kept out of reach of children.
Dangerous substances may not be used in the vicinity of children.
Electrical plugs must be covered.
Paraffin, gas and other electric appliances must be kept out of reach of children.
Cleaning agents must be kept in clearly marked containers and out of reach of children.
Where possible, refuse must be disposed of according to municipality regulations.
Waste disposal methods must be safe and covered.
Waste must be kept out of reach of children.
Waste disposal areas must be disinfected regularly.
There must be a separate, clean and safe area for the preparation of food as well as for cleaning up after food preparation.
There must be a separate clean and safe area for serving food to the children.
There must be cooling facilities for storage of perishable food.
The food preparation area must be clearly marked and out of reach of children.
There must be a sufficient supply of clean water as well as cleaning agents.
There must be sealed containers to store all prepared food before serving such food.
children between the ages of four and six years.
Where a partial care facility provides after care facilities to children of school going age, these children must be kept separate from the the children in the abovementioned age groups in order to ensure that they are able to rest and complete their homework upon their return from school.
Where more than 50 children are enrolled for a full day at a partial care facility, there must be a separate room or place to be used as an office and as a sickbay.
Reasonable precautions to protect children from risk of fire, accidents and other hazards must be taken.
Policies and procedures for dealing with structural and environmental emergencies and disasters must be in place.
Emergency procedures with relevant contact details must be visibly displayed.
Emergency plans must include evacuation procedures.
Emergency plans must be up-to-date, regularly tested and reviewed.
Staff must be trained in dealing with emergencies.
Children must be made aware of emergency procedures.
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promote ongoing staff training and development on keeping a healthy environment, identifying illnesses, preventing the spread of diseases and infectious diseases as well as promoting universal health precaution.
be organised in a way that each day offers variety and creative activities.
Children must receive care, support and security.
Programmes must promote children's rights to rest, leisure and play through the provision of a stimulating environment.
Programmes must promote self discovery.
Programmes must be evaluated and monitored.
Programmes must promote and support the development of motor, communication and sensory abilities in children.
Programmes must promote self control, independence and developmentally appropriate responsibility.
Activities must promote free communication and interaction amongst children.
Programmes must respect and nurture the culture, spirit, dignity, individuality, language and development of each child.
Creative play and exploratory learning opportunities must be provided to children.
discipline must be effected in a humane way and promote integrity with due regard to the child's developmental stage and evolving capacities.
programmes must adhere to policies, procedures and guidelines related to health, safety and nutrition practices.
all meals and snacks should meet the nutritional requirements of children; and (dd) where children are bottle-fed, a suitable facility must exist for cleaning the bottles; and (ee) children must be supervised by an adult at all times.
for every staff member stipulated above, there must be an assistant.
Programmes must promote understanding of and respect for diversity in gender, language, religion and culture.
Activities must include parents and care-givers in the development of positive social behaviour in children.
Programmes must promote the development of positive social values.
Programmes must be conducted in a non-discriminatory manner.
Staff must demonstrate behaviour that promotes positive behaviour by modelling attitudes and interactions with children.
Programmes must promote appreciation and understanding for children's culture and language.
Educators must utilize one medium of instruction in class.
Children must be allowed to communicate in the language of their choice and preference outside class.
Cultural diversity must be encouraged and respected by educators and children alike.
Programmes may, where appropriate, facilitate late birth registration.
Programmes must contribute to the development of a sense of identity in children.
Programmes must be appropriate to the developmental stages and evolving capacity of children.
Programmes must ensure that parents and care-givers are involved in the development of children.
Programmes must provide education and support to parents, caregivers and families to fulfil their responsibilities towards child-rearing and the holistic development of their children.
Programmes must be accessible to especially vulnerable children in their homes.
For children up to three years of age, programmes should, as much as possible, include household visits for increased accessibility to children.
Programmes must promote cognitive development in children.
Programmes must promote the development of fine sensory and motor skills in children.
Activities must promote a positive relationship between the centre, families and the community.
Programmes must teach age appropriate self control and independent behaviour.
Existing community resources and strengths must be utilised in promoting the development of children.
The emotional needs of children must be addressed and children must be encouraged to express their emotions in a safe, supportive and protective environment.
Parents, care-givers and families of vulnerable children, children with disabilities and child-headed households must be provided with information, knowledge and skills to promote the development of their children.
Children must be enabled to develop a positive sense of identity and self worth.
Programmes must be based on an integrated approach.
Children should feel valued and respected when participating in activities.
if applicable, ensure that early intervention decisions are based on developmental assessment.
sensitive to the child's need for support and assistance during assessment, especially for children with disabilities.
be reviewed on a regular basis according to the needs of recipients.
be home based and community based.
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facilitate the participation of family members and be aimed at the empowerment of families.
ensure that care plans and individual development plans are reviewed regularly by the social worker managing the foster care with the participation of the child and foster parents, within their respective abilities.
ensure that care plans and individual development plans are reviewed regularly.
provide for services to biological parents focusing on crisis intervention and life skills.
be clear on goals and expectations.
be based on accepted policies, legislation and programmes.
Siblings in a child-headed household should, as far as is reasonably possible and practicable, remain together.
The right to family life of any child-headed household should be promoted in accordance with the objectives of the Act.
The independent functioning of a child-headed household must be promoted as far as is reasonably possible.
Support to child-headed households must be aimed at enhancing the capacity of the children living in the child headed household to function as a family.
Children must experience safety, support, security and feel cared for while living in a child-headed household, and have their basic needs met.
Adequate nutrition, water and means for preparing food must be available to meet the basic needs of the children in a child-headed household.
Adequate care of the health of children living in child-headed households must be undertaken.
Children living in child-headed households must be able to benefit from the right to rest, leisure and play.
A child-headed household must respect and nurture the culture, spirit, dignity, individuality, language and development of each child living in that household and children must be encouraged to develop positive social values.
The resources available to the household must be used equitably to promote the well-being of all children living in a child-headed household.
Children living in child-headed households must have access to psychosocial support.
must benefit from official registration of their births in terms of the Births and Deaths Registration Act, 1992 (Act No.
must benefit from social assistance, as provided for in the Social Assistance Act, 2004 (Act No.
must be enabled to develop the skills necessary to participate in social and economic life.
assisted to maintain and preserve any property belonging to the household, where such children wish to preserve such property, but may freely dispose of property in the best interests of the household.
must as far as is reasonably possible be protected from community risk factors.
vocational programme or other form of support necessary to ensure the optimal development of such child.
be consulted in any investigation by a designated social worker contemplated in section 150(2) and (3) of the Act.
in respect of whom an adult has been appointed in accordance with section 137(2) of the Act, or in respect of whom an investigation has been concluded in terms of section 150 of the Act, where no finding has been made that the child or children are in need of care and protection, are entitled to be visited on a regular basis, and not less than once every two weeks, for the purposes of monitoring and supervision.
The child heading the household must give effect to the norms and standards contained in this Annexure to the maximum extent reasonably possible, bearing in mind the child's age, maturity and stage of development, to ensure that other children living in the child headed-household are assured of their rights to survival and development and to protection from harm.
be sensitive to language, religious, cultural norms and beliefs of communities.
provide information on community risk factors and available resources to address them.
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be sensitive to the linguistic needs, religious and cultural norms and values of children and their families.
have a system for monitoring and assessing impact of programme.
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aimed at parenting skills and capacity development programmes.
Placement of a child in temporary safe care must be based on the assessment of the needs of the child.
Temporary safe care must promote the safety, security, dignity and well-being of the child.
Temporary safe care service providers must be properly screened and approved in the manner contemplated in regulation 57.
Temporary safe care service providers must demonstrate the ability to deliver an effective and efficient service to the child.
Temporary safe care may not be disruptive to the child's life and regular routine.
Temporary safe care must allow access to the child by relevant persons, including the parent, guardian, care giver, next of kin or other professional as the need may be, if it is in the best interest of the child.
The identity and location of temporary safe care may not be revealed to the alleged offender or any person not acting in the best interests of the child for the protection of the child.
Temporary safe care must be sensitive to the linguistic needs, religious and cultural norms and values of children and their families.
There must be continuous monitoring and assessment of the well-being of a child in temporary safe care.
may be conducted by a multi-disciplinary panel.
Children must be received in a manner and a climate which is caring and safe, and which minimises trauma and maximises developmental opportunity during engagement or admission processes.
Children must receive services in a safe environment in which they are protected from physical, social and emotional harm.
Children must be accommodated in a safe, healthy, well-maintained environment, which provides appropriate access to the community and which meet their needs in terms of privacy, safety and wellbeing..
All reasonable measures must be taken to ensure that children and staff are safe from the risk of fire, accidents and other hazards..
The privacy and confidentiality of children must be respected and protected.
A child must have access to legal or other assistance to prepare for any court process that he or she is involved with.
Children must receive emotional and social care which enables quality interaction with adults and peers, and which promotes positive, sustained relationships at school and with families, significant others and friends.
Every child and youth care centre must offer a residential care programme that provides a therapeutic environment for the care and development of children.
Every child must receive an effective and appropriate developmental assessment and referral service which should lead to appropriate placement.
Every child must be provided with the capacity and support which enables constructive and offensive social behaviour.
Therapeutic programmes must be conducted by service providers with appropriate training, support, supervision and mentoring.
Therapeutic programmes must be conducted in a non-discriminatory manner.
Therapeutic programmes must minimise secondary abuse and trauma.
Therapeutic programmes must ensure that recipients are free to express dissatisfaction with service providers and that concerns and complaints are addressed seriously.
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A child's development plan and programme must be based on an appropriate and competent assessment of his or her developmental needs and strengths.
Every child in a child and youth care centre must have a plan and programme of care and development.
Every child in a child and youth care centre must participate in formulating their care and development plans and must be informed of those plans.
Every child in a child and youth care centre must have a permanency plan based on a developmental assessment of the child.
The child must participate in the development of the permanency plan and be informed about the plan and any changes to it.
Children must receive services in accordance with their individual development plan which facilitates their wellbeing within a temporary programme and which enables them, where necessary, to make a successful transition to new circumstances.
Every child in a child youth care centre has the right to a permanency plan, which include reunification, security and life-long relationships.
Every child has the right to participate in formulating his or her individual development plan and to be informed about their plan, and to be involved in decisions to make changes to their plan.
The individual development plan must be based on an appropriate and competent assessment of their developmental needs and strengths and, where reasonably possible, be in the context of their family and community environments.
The family of the child, or other persons with bonds to the child, must be involved in the child's individual development plan unless it is shown that this would not be in the best interests of the child.
There must be a review of each child's placement and individual development plan at least once every six months while the child remains in the centre.
Every child and youth care centre must provide temporary safe care to children if appropriate and if the centre allows for it.
Every child should be placed in temporary safe care for the shortest period possible and for the minimum number of days per week appropriate to their needs.
After reception of a child, a developmental assessment must take place to evaluate a more permanent placement of the child.
Children in conflict with the law must be offered the option of diversion in a manner which protects their rights and involves them and their families in decision making.
Children must be given information about their rights and responsibilities within the programme in a manner and form which takes into account their age.
Children in child and youth care centres should be received in a caring and safe climate which minimises trauma and maximises developmental opportunity.
The environment should protect children from physical, social and emotional harm, and threats of harm from themselves and others.
Children must be given information about their rights and responsibilities within the programme.
Children must be informed about policy and procedure regarding reportable incidents or actions and must be provided with information and knowledge which ensure that they can use these procedures effectively when needed.
Assessment of a child in a child and youth care centre must be undertaken by a multi-disciplinary team.
The initial assessment must take place within 48 hours of the child's admission to the centre, and there must be regular reviews of the process.
Assessment must be strengths-based, holistic and appropriate to the child's culture, language and developmental stage.
Assessment must be done with the participation of the child and, as far as it is reasonably possible, with the child's family.
The assessment process must aim to increase insight and competency and must include shared decision-making.
Assessment processes and documentation must be of such a nature that they can be used at the point of reception, and do not need to be repeated.
Every child should have a care plan which aims to provide life-long relationships with their family or appropriate alternative and re-integration in the family and community within the shortest possible time-frame.
Children should receive after care programmes focussing on support in terms of training and education, employment, independent living, family and community integration and psychosocial support.
treatment for children addicted to dependence producing substances in terms of section 191(3)(c) of the Act, such care or treatment.
where there are a large number of babies in a centre, such care or treatment.
All children in child and youth care centres must have access to schooling, education, other appropriate training, skills programmes or early childhood development programmes where appropriate.
The education must as far as possible, be accessed at a school or other training facility in the community.
Where children cannot access education or other appropriate training in the community, such education or training must be provided at the child and youth care centre.
Children must experience safety and feel cared for.
Premises must be safe.
A first aid kit must be available and maintained.
Where obvious signs of injury or trauma are detected, a child must be referred to a hospital or clinic for further assessment and treatment, and his or her parents or care-giver be informed thereof as soon as possible, if their whereabouts are known.
Where it is suspected that a child may have been abused and in need of child protection services, such child must be referred to a designated child protection organisation.
Measures for the separation of children in secure care programmes from children in other programmes.
Children in secure care programmes must as far as reasonably possible be kept separately from children in other programmes. Such children must be separated at night, and where they are not separated during the day this must be managed as part of a residential care programme that provides appropriate containment.
Children in secure care programmes who are awaiting trial and children in secure care programmes who have been sentenced may be housed in the same facility, provided that the child and youth care centre is registered to provide appropriate programmes for such children, and that the residential care programmes provide for appropriate containment.
Children must experience safety and feel cared for while at a drop-in centre.
Premises inside and outside must be clean, safe and maintained to a reasonable standard.
Equipment used must be safe, clean and well maintained.
A first aid kit must be available and maintained, and persons providing services at a drop-in centre must be trained to administer it.
Any substances, cleaning materials or dangerous objects must be safely stored and kept out of reach of children.
Where obvious signs of injury or trauma are detected, a child must be referred to a hospital or clinic for further assessment and treatment, and his or her parents or care-giver informed as soon as possible, if their whereabouts are known.
Inhumane and degrading treatment and punishment of children in a drop-in centre is prohibited..
Where water is not from a piped source, it must be treated and made safe using approved national guidelines for the treatment of water by adding one teaspoon of bleach to 25 litres of water.
There must be safe and hygienic toilet and hand washing facilities.
Where sewerage systems are available, there must be one toilet and one hand washing facility for every 40 children.
Where no running water is available, there must be a minimum of 25 litres of drinkable water per day, bearing in mind the period of time for which the drop-in centre is open.
Where no washbasins are available, one suitable container for every 20 children must be made available, provided that such container is cleaned regularly and closed.
Waste disposal areas must be regularly disinfected.
There must be a separate space for the serving of food to children.
There must be a cooling facility for the storage of perishable food.
There must be a facility for the storage of food.
I confirm that the child to undergo the virginity test has received proper counseling about the risks, benefits and social implications of a virginity test.
I confirm that I have received sufficient proof that the child to undergo virginity test is 16 years or older.
â¡ The voluntary nature of the test I have given the child an opportunity to ask questions relating to the above.
REVERSE SIDE OF FORM 1 Part 3.
I understand that the results of the virginity test will be confidential unless I give my consent for the results to be disclosed. I believe that I have sufficient information to give this informed consent.
· I confirm that I have received sufficient proof that the child is 16 years or older.
· I confirm that appropriate conservative treatment has been used and a circumcision is medically Necessary (if administered by a medical practitioner). · I confirm that appropriate anesthesia will be used (if administered by a medical practitioner).
The nature of a circumcision.
The different methods to perform a circumcision.
I have given the child an opportunity to ask questions.
I, (insert name) · understand that a circumcision is going to be performed on me, and that I am voluntarily undergoing this surgical procedure. · understand the nature and implications as well as any risks and possible consequences of a circumcision that have been explained to me. · confirm that I have been given an opportunity to ask questions. · consent to a circumcision but understand that I may at any time before the procedure withdraw my consent. · confirm that I have been given the opportunity to refuse the circumcision in terms of section 12(10) of the Act.
I, (insert name) have assisted the child to consent to a circumcision and declare that the child is over the age of 16 years but under the age of 18 years and is, to the best of my knowledge, of sufficient maturity and has the mental capacity to understand the benefits, risks, social and other implications of a circumcision.
I confirm that the child has been given the opportunity to refuse the circumcision in terms of Section 12(10) of the Act.
â¡ Other information (if any): I have given the person giving consent an opportunity to ask questions.
· understand that a religious circumcision is going to be performed.
· understand the nature and implications as wellcircumcision that have been explained to me/us.
· confirm that l/we have been given an opportunity to ask questions.
· consent to a religious circumcision but understand that l/we may at any time before the procedure withdraw my/our consent.
Mother or Holder 1.
Details of further co-holders of parental responsibilities and rights in respect of whom this parental responsibilities and rights agreement applies must be furnished on a separate page and attached to this Form as an annexure.
Details of additional children in respect of whom this parental responsibilities and rights agreement applies must be furnished on a separate page and attached to this Form as an annexure.
(being the mother of/person having parental responsibilities and rights in respect of (insert child or children's names) hereby agree to confer those parental responsibilities and rights as set out in the attached documents upon (insert name of father/other person having an interest in the care, well-being and development of the child).
hereby apply for registration of the attached parental responsibilities and rights agreement at the Office of the Family Advocate to be made an order of the honorable court.
Details of further co-holders of parental responsibilities and rights in respect of whom this application applies to be furnished on a separate page and attached to this Form as an annexure.
Details of additional children in respect of whom application applies to be furnished on a separate page and attached to this Form as an annexure.
hereby apply for registration of the attached parenting plan at the Office of the Family Advocate/ hereby apply for the attached parenting plan to be made an order of the honorable court (delete whichever is not applicable).
I certify that the above-mentioned particulars are, to the best of my knowledge, true and correct.
the following partial care facility has been registered in terms of section 82 of the Act the following partial care facility has been conditionally registered in terms of section 83 of the Act; the registration of the following partial care facility has been renewed in terms of section 82 of the Act the registration of the following partial care facility has been conditionally renewed in terms of section 83 of the Act the reinstatement of the following partial care facility has been approved in terms of section 84 on (insert date).
The reasons provided by the provincial head of social development for his or her decision are attached. My reasons for appealing against the decision are attached.
NOTE: The appeal must be lodged with the MEC for social development in the province where the decision was taken by the provincial head of social development.
The reasons provided by the municipal official for his or her decision are attached.
My reasons for appealing against the decision are attached.
· a clearance certificate that the name of the applicant does not appear in the National Register for Sex Offenders established by Chapter 6 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 Of 2007 or in Part B of the National Child Protection Register established by Part 2 of Chapter 7 of the Act.
has been conditionally registered in terms of section 97 of the Act; or has been renewed in terms of section 97 of the Act.
The reasons provided by the municipal official for his or her decision are attached. My reasons for appealing against the decision are attached.
NOTE: The appeal must be lodged with the municipal council of the municipality where the decision was taken.
Are the Admission / Registration forms up to date Yes/N?
Are there job descriptions for all staff Yes/N?
Is there a Staff Development Plan Yes/N?
Comments: Children's work displayed Yes/No Appropriate books available Yes/No Creative materials available Yes/No Puzzles available Yes/N?
Pursuant to section 110 of the Children's Act, 2005, and for purposes of section 114(1)(a) of the Act, you are hereby advised that a child has been abused in a manner causing physical injury/ sexually abused/ deliberately neglected or is in need of care and protection.
Refusal to assume parental responsibility â¡ Neglectful supervision â¡ Abandonment 6.
Mild â¡ Moderate â¡ Severe â¡ Unknown 6.
I declare that the particulars set out in the above mentioned statement are true and correct to the best of my knowledge.
Pursuant to section 110 of the Children's Act, 2005, and for purposes of section 114(1)(a) of the Act, you are hereby advised that we have received a report that a child has been abused in a manner causing physical injury/sexually abused/deliberately neglected or is in need of care and protection. * Kindly include the parti culars listed below in Part A of the National Child Protection Register.
11.1 Police intervention: 11.
You are hereby requested to issue a written notice to the alleged offender in terms of section 153 of the Children's Act, 38 of 2005, and to take such other steps as required by that section.
Pursuant to section 114(1) (b) and (c) of the Children's Act, (No. 38 of 2005,) you are hereby advised that a person has been convicted on a charge involving the abuse or deliberate neglect of a child / a finding has been made by a children's court that a child is in need of care and protection because of abuse or deliberate neglect. * Kindly include the following particulars in Part A of the National Child Protection Register.
has been lodged by the convicted person on . DD /MM.. / CCYY...
In terms of section 117 of the Children's Act, 38 of 2005, I (full names and surname) wish to inquire whether my name is included in Part A of the National Child Protection Register.
In the event that my name is included in Part A of the Register, kindly furnish reasons why this was done. Please note that section 117 of the Act requires you to respond to this enquiry within 21 working days.
In terms of section 122 of the Children's Act, (No. 38 of 2005), you are hereby advised that a finding has been made by a court or administrative forum that a certain person is unsuitable to work with children. Kindly include the following particulars of this person in Part B of the National Child Protection Register.
In terms of section 126 of the Children's Act, 38 of 2005, I (full names and surname) wish to inquire whether the name of a person in my employ or that I wish to employ appears in Part B of the National Child Protection Register.
In the event that his/her name is included in Part B of the Register, kindly furnish reason why this was done. Please note that section 126 of the Act requires you to respond to this inquiry within 21 working days.
Personal details of person employed or to be employed.
In terms of section 126 of the Children's Act, 38 of 2005, I (full names and surname) wish to inquire whether my name is included in Part B of the National Child Protection Register.
In the event that my name is included in Part B of the Register, kindly furnish reason why this was done. Please note that section 126 of the Act requires you to respond to this Inquiry within 21 working days.
In terms of section 128(2)(b) of the Children's Act, (No. 38 of 2005), I wish to apply for the removal of my name and particulars from Part B of the National Child Protection Register. A certified copy of one of the following documents is attached as verification of my identity.
Please note that regulation 51(1)(b) requires you to notify me of the outcome of this application within 21 working days.
Pursuant to section 128 of the Children's Act, 38 of 2005, you are hereby advised that the court has considered an application by a person whose name and information have been included in Part B of the National Child Protection Register to be removed from the Register. In the event that the application had been successful as reflected below, kindly remove the name and any information pertaining to the applicant from the Register without delay.
â¡ I (insert name) duly authorized, hereby give consent for the medical treatment to be given to/surgical operation to be performed upon (delete whichever is not applicable) (insert child's name).
â¡ I (insert name), duly authorized, do not consent to the medical treatment/ the performance on the surgical operation applied for.
I have given the child an opportunity to ask questions relating to the above.
I have satisfied myself that the child is 12 years or older and is of sufficient maturity and has the mental capacity to understand the risks, benefits, social and other implications of the surgical operation.
I have satisfied myself that (insert name of parent(s)/guardian(s)) has duly assisted the child to give consent to the surgical operation.
Part C Consent of the child.
I (insert child's name) understand the risks and benefits and possible consequences of this surgical operation that have been explained to me, and I confirm that I have been given an opportunity to ask questions about my condition, alternative forms of treatment, and the risks of non-treatment, and possible consequences of the surgical operation.
I believe that I have sufficient information to give my informed consent, and do so freely.
I (insert name of parent(s) or guardian (s) assisting the child to consent to a surgical operation confirm that the child is 12 years or older and is of sufficient maturity and has the mental capacity to understand the benefits, risks, social and other implications of the following surgical operation has been duly assisted by me to furnish consent.
I have given the child parent an opportunity to ask questions relating to the above.
I have satisfied myself that the child parent is 12 years or older and is of sufficient maturity and has the mental capacity to understand the risks, benefits, social and other implications of the surgical operation upon (insert name of child upon whom surgical operation is to be performed).
I have satisfied myself that (insert name of parent(s)/guardian(s)) has duly assisted the child giving consent to the surgical operation.
Part C Consent of the child parent.
I, (insert name of child parent) understand that the following surgical operation is going to be performed (insert type of surgical operation): on (insert name of child upon whom surgical operation to be performed).
I understand the risks and benefits and possible consequences of this surgical operation that have been explained to me, and I confirm that I have been given an opportunity to ask questions about the health condition of my child, alternative forms of treatment, and the risks of non-treatment, and possible consequences of the surgical operation.
I (insert name of parent(s) or guardian (s)) assisting the child parent to consent to a surgical operation) confirm that he / she is 12 years or older and is of sufficient maturity and has the mental capacity to understand the benefits, risks, social and other implications of the following surgical operation (insert type of surgical operation), and that (insert name of child) has been duly assisted by me to furnish consent.
Authority is hereby given for the placement of the following child/children until this authority is confirmed by the presiding officer of a children's court.
has been abandoned or orphaned and is without any visible means of support displays behaviour which cannot be controlled by the parent or caregiver lives or works on the streets or begs for a living is addicted to a dependence-producing substance and is without any support to obtain treatment for such dependency has been exploited or lives in circumstances that expose the child to exploitation lives in or is exposed to circumstances which may seriously harm that child's physical, mental or social well-being may be at risk if returned to the custody of the parent, guardian or care-giver of the child as there is reason to believe that he or she will live in or be exposed to circumstances which may seriously harm the physical, mental or social well-being of the child is in a state of physical or mental neglect is being maltreated, abused, deliberately neglected or degraded by a parent, a care-giver, a person who has parental responsibilities and rights or a family member of the child or by a person under whose control the child is.
§ a designated social worker within 24 hours.
§ The parent/guardian/care-giver must be informed of the date, time and place of the review of the detention of the child/children and the right to furnish the court with information which must be the first court day after the removal of the child. The person issuing this authority must bring the child/children or cause the child/children to be brought before the children's court of the district of removal.
§ The place where the child is placed in temporary safe care must report to the children's court concerned if the placement is not confirmed by court order within seven days.
You are hereby advised to attend proceedings of the children's court where a decision will be made as to whether (full names and surname of child) is in need of care and protection.
File no Court file no.
In view of the above information I am of the opinion that (name(s) of child/children) is/are* in need of care and protection/not in need of care and protection* as described in section 150(1)/150(2) *(quote applicable subsections if found to be in need of care) of the Children's Act 38 of 2005.
N. RECOMMENDATION (Indicate which order or orders in terms of section 156 of the Act, INCLUDING AN ORDER IN TERMS OF SECTION 46, would be appropriate to the child -section number and subsection to be reflected.
A. Serious injury or abuse of child in alternative care.
Pursuant to section 178 of the Children's Act, 38 of 2005, you are hereby informed that a child in alternative care has been seriously injured or abused.
Pursuant to section 178 of the Children's Act, 38 of 2005, you are hereby informed that a child in alternative care has died.
I declare that the information set out above is true and correct to the best of my knowledge.
Note: Separate form must be used for each child.
· Details of the proposed management of the scheme, including financial management and the manner in which foster parents will be recruited.
· a clearance certificate that the name of the applicant and any office bearers referred to in this application do not appear in the National Register for Sex Offenders established by Chapter 6 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 and in Part B of the National Child Protection Register established by Part 2 of Chapter 7 of the Act.
It is hereby certified that the following cluster foster care scheme managed or operated by (insert name of nonprofit organisation managing or operating the cluster foster care scheme on insert date).
I, by the authority vested in me by the Children Act, 2005, hereby give 90 days notice, which expires on that the registration of the above-named cluster foster care scheme will be withdrawn, and must thereafter cease operating as a foster placement for children.
Name of cluster foster care scheme.
Address of cluster foster care scheme.
Physical addres of cluster foster care scheme.
· The reasons provided by the Head of Social Development of the decision are attached.
· Representative of cluster foster care scheme. My reasons for representation against the decision are attached.
I, by the authority vested in me by the Children's Act, 2005, hereby give notice that the registration of the above-named cluster foster care scheme will be withdrawn and must thereafter cease operating as a cluster foster care scheme for children.
· clearance certificates that the names of any Board member appointed in terms of regulation 15 and the names of any employee do not appear in the National Register for Sex Offenders established by Chapter 6 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 and in Part B of the National Child Protection Register established by Part 2 of Chapter 7 of the Act as prescribed by regulation 78(2).
the following child and youth care centre has been registered in terms of section 200 of the Act; the following child or youth care centre has been conditionally registered in terms of section 201 of the Act; the registration of the following child and youth care centre has been renewed in terms of section 200 of the Act; or on (insert date) until (insert date) to accommodate children (insert number).
The Department of Social Development will provide the following assistance to the child and youth care centre to comply with the conditions of registration and the national norms and standards.
The reasons provided by the provincial head of social development for his or her decision are attached. My reasons for appealing against the decision are also attached.
the following drop-in centre has been registered in terms of section 219 of the Act; the following drop-in centre has been conditionally registered in terms of section 220 of the Act; or the registration of the following drop-in centre has been renewed in terms of section 219 of the Act.
on (insert date).
I (full names) in my capacity as the Mayor of the (name of municipality) and duly authorized thereto hereby agree that the functions contemplated in sections 217,218,219,220,221,222 and 224 (delete which is not applicable) of the Children's Amendment Act,2007 (Act No.
No: R. 261 Title: Children's Act (38/2005): General regulations regarding childre Page 125 of 137 1.
I (full name) an adoption social worker hereby apply for the registration of a prospective adoptive parent(s).
I declare that I am in the process of matching prospective adoptive parents with an adoptable child.
I declare that the names of the prospective adoptive parent(s) *does/do not appear in the National Register for Sex Offenders established by Chapter 6 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 or in Part B of the National Child Protection Register established by Part 2 of Chapter 7 of the Act.
REVERSE OF FORM 58 9. Are both applicants South African citizens?
I DECLARE THAT the particulars set out in the statement above are true and correct to the best of *my/our knowledge and belief.
Submission of an application for the registration as adoptive parent/parents together with the report of an adoption social worker for your consideration, please.
I (full name) an adoption social worker hereby apply for the registration of a child as an adoptable child.
REVERSE OF FORM 59 I DECLARE THAT the particulars set out in the statement above are true and correct to the best of *my knowledge and belief.
Submission of an application for the registration as an adoptable child for your consideration, please.
I/We may be required to restore custody of the child immediately in favour of the *parent(s), *guardian(s), supervising social worker or *person(s) designated by the children's court upon withdrawal of such consent by a parent or by the child.
No: R. 261 Title: Children's Act (38/2005): General regulations regarding childre Page 129 of 137 7. Is the applicant or are both applicants South African citizens?
Yes No If so, what is the relationship?
Is the applicant/ether of the applicants in receipt of any allowance from the State in respect of the child?
I/WE DECLARE THAT the particulars set out in the statement above are true and correct to the best of *my/our knowledge and belief.
The original birth certificate or identity document of the child.
A certified copy of the identity document of each applicant.
Where (i) and (ii) are not available, a sworn statement by an adoption social worker.
In the case of a foster child, the written statement of the foster parent(s) (Form 41).
Where applicable, the written consent of the parent(s) attested to before a commissioner.
Where applicable, the written consent of the child attested to before a commissioner.
Where the applicant(s) wish to receive the child into his/her/their custody, a report from an adoption social worker, that the applicant(s) is/are a potentially suitable prospective adoptive parent(s).
My religious affiliation is *I am/I am not a South African citizen.
he/she has intimated that *he/she understands the legal consequences and requirements.
induce a person to give up a child for adoption in terms of Chapter 15 or Chapter 16.
any other prescribed persons.
any previous order made in respect of the placement of the child.
does not affect any rights to property the child acquired before the adoption.
he/she is entitled to be present when the application for adoption is considered. *he/she has intimated that *he/she understands the above.
SIGNED BEFORE ME after I have explained to the said child the legal consequences of the withdrawal of consent for adoption and *he/she understands the above.
2. *Prospective adoptive *parent/parents 1. 2.
REVERSE SIDE OF FORM 66 1.
Telephone numbers: Code: Number: Code: Number: (Residence) Mobile phone: 2.
I, (ull names) who stands to be adopted by the prospective adoptive *parent/parents understands the terms of abovementioned agreement and hereby consent to the agreement.
I, (full names), presiding officer: Children's court declares that the consent was singed and attested before me and that I have satisfied myself that the child is 10 years or older, or under the age of 10 years, but of an age, maturity and stage of development to understand the implications of the agreement.
Presiding Officer of the Children's Court.
No fit and proper adoptive parent for the child is available in the republic.
(full name) born , identity number , in terms of and subject on to the provisions of the Children's Act, 2005 (Act No. 38 of 2005).
GIVEN at this day of at : (time).
Amendment of the birth register in terms of section 245 of the Children's Act, 2005 (ct No. 38 of 2005), may proceed.