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CHILDRENS ACT AS AMENDED
REGULATIONS
The Select Committee on Social Services
11 November 2008
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Introduction
Draft Regulations– Norms and Standards
• Partial Care• Early Childhood Development programmes• Child Protection• Prevention and early intervention programmes• Child and youth care centres• Drop-in centres
– Forms 1 - 79
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GENERAL PROVISIONS
1 Definitions2 Intervals of provincial profiles
– Provincial profile– Strategies
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SOCIAL CULTURAL AND RELIGIOUS PRACTICESVirginity testing
3 Consent to undergo a virginity test4 Manner of conducting virginity test5 Suitability of persons to perform virginity tests6 Disclosure of results7 Good practise guidelines and fees by Health
Male circumcision8 Consent9 Religious to include cultural and traditional
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PARENTAL RESPONSIBILITIES AND RIGHTS AGREEMENTS
10 General requirements agreements11 Content agreements12 Mediation in disputes13 Child participation
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PARENTING PLANS:
14 Application for registration15 Preparation with assistance by a family
advocate, social worker or psychologist, after mediation by SW or other suitably qualified person
16 Particulars relating to the co-exercise of parental responsibilities that may be included in parenting plan
17 Child participation18 Requirements for suitable persons qualified to
mediate disputes.
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4/19 Medical information concerning genetic parents of child born out of artificial fertilisation, surrogacy
– Counselling
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PARTIAL CARE20 Categories (types) of partial care facilities21 Exemption from registration22 Norms and standards23 Apply for registration24 Consider application25 Management; register, files, reports26 Staff; skills27 Closure28 Assignment of functions to municipalities;
needs assessment and able to render services
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EARLY CHILDHOOD DEVELOPMENT29 Norms and standards30 Apply for registration – programmes31 Consider application32 Skills and training33 Assessment and monitoring of
programmes34 Functions to municipalities
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CHILD PROTECTION SYSTEM35 Norms and standards36 Criteria Child Protection Organisation37 Quality assurance prior to withdrawal of
designation38 Report of abuse and deliberate neglect, DCPO39 Request for removal of offender40 Risk assessment framework41 Criteria for determining suitable persons to
investigate CA&N42 Powers and duties of suitable persons43 Conditions for examination or assessment and
consent by child.
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NATIONAL CHILD PROTECTION REGISTER
PART A:44 Content of Part A
Notified in writing Form 25
45 Inquiries on information in Part A
Director-General
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NATIONAL CHILD PROTECTION REGISTER
PART B:46 Content of Part B
47 Finding persons unsuitable to work with children
Court, Forum established or recognised by law in any disciplinary proceedings concerning the conduct of what person relating to a child
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48 Findings to be reported to DG
49 Consequences to entry of name in Part B; such person may not be employed in any situation working with children or become a guardian or care giver.
50 Establishment of information in Part B; employer
51 Removal of name from Register
52 Updating of information in Part B
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PROTECTIVE MEASURES RELATING TO HEALTH OF CHILDREN
53 Consent by Minister to medical treatment of/or surgical operation in certain circumstances
54 Consent by a child to the performance of a surgical operation
55 Consent to a surgical operation of a child where parent is a child below 18 years; assisted by parent or guardian
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OTHER PROTECTIVE MEASURES
56 Duties of supervising adult in relation to child headed household
57 Accountability of supervising adult regarding administration of money.
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PREVENTION AND EARLY INTERVENTION
58 Norms and standards
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CHILDREN IN NEED OF CARE AND
PROTECTION
59 Removal of child to temporary safe care and review of detention.
60 Child before Children’s Court to decide if child is in need of care and protection.
61 Report by designated SW
62 Abandoned or orphaned child; advertise in national and local newspaper
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ALTERNATIVE CARE63 Approval of person, facility, place or premises
for temporary safe care by HOD and criteria for approval
64 Limitations and conditions for leave of absence of child from alternative care
65 Fees payable to CYCC or person upon transfer66 Procedures before transfer of child from
alternative care67 Procedures before discharge of child68 Manner in which children must be transferred if
residential care programme changed, be removed or discharged.
69 Extensions of alternative care beyond 18 years
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FOSTER CARE
70 Responsibilities of foster parents
71 Rights of foster parents
72 Participation in training programmes
73 Notice of adoption of foster child
74 HOD to respond to certain applications
75 Foster Care plans
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CLUSTER FOSTER CARE
76 Registration
77 Requirements for organisations to operate cluster foster care schemes
78 Requirements for scheme
79 Contents of written plan, agreement or articles of association
80 Function of cluster foster care scheme
81 Death of children in foster care or in cluster foster care
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CHILD AND YOUTH CARE CENTRES82 Norms and standards83 Rights of children84 Access to health, schooling and education85 Behavior management86 Reportable incidents87 Complaints88 Reception of children89 Register of children90 Separate files for children91 Notice of movement92 Application for registration93 Notice of application94 Consideration of application95 Skills96 Amendment of registration97 Appointment of management board98 Procedures of management board99 Responsibilities of management board100 Children’s forum101 Appointment personnel102 Management system103 Constitution104 Quality assurance
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DROP- IN CENTRES
105 Norms and standards
106 Application for registration
107 Consideration of application
108 Management
109 Persons rendering services at drop-in
centre's
110 Functions to municipalities
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ADOPTIONS111Register on Adoptable Children and prospective Adoptive Parents112 Applications for adoption of children 113 Consent to adoption114 Determination of age of child115 Abandonment of a child116 Post adoption agreements117 Freeing orders118 Record adoption proceedings119 Adoption register120 Adoption record book121 Registration of adoptions122 Appeal against rescission order123 Access to proceedings and the disclosure of information124 Fees125 Accreditation126 Advertisements127 Guidelines
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INTERCOUNTRY ADOPTIONS128 Accreditation129 Report on applicant130 Report on child in Republic/convention country131 Adoption order132 Withdrawal of consent133 Report on person in non-convention country134 Report on child in Republic/non convention country135 Adoption order136 Withdrawal of consent137 Application for adoption from convention country138 Application for adoption from non-convention country139 Declaration of recognition140 Declaration of non-recognition141 Guidelines – Director-general
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CHILD TRAFFICKING
142 Prohibition
143 Repatriation