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Children's Act, 2005 (Act No. 38 of 2005)

Regulations

General Regulations Regarding Children, 2010

Chapter 4 : Partial Care (Sections 76-90 of the Act)

14. Application for registration of partial care facility

 

(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.

 

(2) 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.

 

(3) An application contemplated in sub-regulation (1) must contain the following:
(a) The particulars of the applicant;
(b) the physical and postal address of the partial care facility;
(c) the type or types of partial care in respect of which the application is made;
(d) the number of children that will be accommodated in each of the types of partial care in respect of which the application is made;
(e) the qualifications, skills and experience of the applicant in partial care in type or types of partial care in respect of which the application is made; and
(f) a description of the contents of the programmes and services to be offered, including the aims and objectives.

 

(4) An application contemplated in sub-regulation (1) must be accompanied by the following additional documents:
(a) a business plan containing —
(i) the business hours of the partial care facility;
(ii) the fee structure;
(iii) the day care plan;
(iv) the staff composition; and
(v) the disciplinary policy;
(b) the constitution of the partial care facility which must contain the following information:
(i) The name of the partial care facility;
(ii) the type or types of services to be provided;
(iii) the composition, powers and duties of the management;
(iv) the powers, obligations and undertaking of management to delegate all authority with regard to care, behaviour management and development of children to the head of the partial care facility, where applicable;
(v) the procedure for amending the constitution; and
(vi) a commitment from the management to ensure compliance with the national norms and standards for partial care facilities reflected in Annexure B;
(c) an original copy of the approved building plans or a copy of the building plans that has been submitted for approval if the application for the approval of the building plans is still under consideration;
(d) an emergency plan;
(e) 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; and
(f) 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.