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

Regulations

General Regulations Regarding Children, 2010

Chapter 9A : Child Care and Protection Units

51A. Criteria for establishing and resourcing of child care and protection units

 

(1) The MEC for social development must:
(a) within 60 months of coming into operation of these Regulations establish child care and protection units at provincial, district, regional and service delivery levels.
(b) ensure that there is adherence to the prescribed staff ratios when the child care and protection units are staffed; and
(c) provide human, capital, technical, administrative, infrastructure, information and communication management systems, and other required resources to a child protection unit from monies appropriated by the provincial legislature.

 

(2) The provincial head of social development must ensure that a child protection unit is constituted of the following:
(a) prevention and early intervention services;
(b) services to children exposed to violence, child abuse, neglect and exploitation;
(c) temporary safe care, foster care, child and youth care centres;
(d) services to orphans and vulnerable children;
(e) adoption services;
(f) probation services; and
(g) quality assurance, monitoring and evaluation services.

 

(3) The manager of a child care and protection unit must—
(a) at a provincial level—
(i) maintain provincial profiles on partial care, prevention and early intervention services, child protection, adoption, child and youth care centres, and drop-in centres;
(ii) that there is compliance with the Act, regulations and norms and standards;
(iii) conduct quality assurance, monitoring and evaluation of child care and protection services; and
(iv) provide oversight on the movement of children within the alternative care system.
(b) at district, regional level—
(i) maintain historical and current up-to-date information on the status of all children in alternative care;
(ii) maintain up-to-date records of cases of child abuse, neglect, exploitation, child abandonment and violence against children reported to the National Child Protection Registrar;
(iii) monitor and report on the implementation of the Act;
(iv) maintain a record and monitor interventions rendered in respect of any death and serious injury of a child at a partial care facility, child-headed household, alternative care; and drop-in centre;
(v) manage, maintain and monitor an electronic reminder system for all children in alternative care; and
(vi) manage, maintain and monitor a register of:
(aa) all child and youth care centres;
(bb) all cluster foster care schemes;
(cc) all drop-in centres;
(dd) all designated child protection organisations;
(ee) all adoption social workers in private practice;
(ff) all children living in child-headed households, children with disabilities, children living and working in the streets, children placed in foster care, cluster foster care, temporary safe care, and child and youth care centres; and in drop in centres;
(gg) reported cases of child abandonment, abuse, neglect and exploitation including child labour, child marriages, child trafficking and online violation.
(hh) all letters issued in terms of section 239(1)(d) of the Act;
(ii) persons, premises, facilities, and places approved to provide foster care, cluster foster care, temporary safe care, child and youth care centres;
(jj) administrative orders, notices and determinations issued in terms of the Act; and
(kk) unaccompanied and separated migrant children who are in alternative care.
(II) monitor interventions rendered in respect of cases of child abuse, neglect, exploitation, child abandonment and violence against children reported to the National Child Protection Registrar;
(mm) manage, maintain, and monitor an electronic reminder system for all children in alternative care and other court orders issued by court; and
(nn) conduct quality assurance, monitoring and evaluation of child care and protection services.
(c) at a service delivery level—
(i) a social service practitioner must provide child care and protection services as contemplated in the Act; and
(ii) a statutory service social worker must—
(aa) facilitate taking place of multi-disciplinary panel meetings; and
(bb) monitor the implementation of the decisions made at the panel meetings.
(cc) manage, maintain and monitor a register of—
(i) finalised children's court cases,final court reports, including adoption and inter-country adoption;
(ii) all court orders issued:and minutes of court proceedings;
(iii) reviewed and extended court orders; and
(iv) all alternative administrative care orders issued;
(dd) provide oversight on the movement of children within the alternative care system;
(ee) approve screened persons, facilities, places or premises that provide temporary safe care.
(ff) maintain historical and current up-to-date information on the status of all children in alternative care;
(gg) maintain up-to-date records of cases of child abuse. neglect. exploitation.child abandonment and violence against children reported to the National Child Protection Registrar;
(hh) monitor and report on the implementation of the Act:
(ii) maintain a record and monitor interventions rendered in respect of any death and serious injury of a child at a partial care facility, child-headed household, alternative care: and drop-in centre:
(jj) manage, maintain and monitor an electronic reminder system for all children in alternative care:and
(kk) manage, maintain and monitor a register of—
(i) all child and youth care centres;
(ii) all cluster foster care schemes;
(iii) all drop-in centres;
(iv) all designated child protection organisations;
(v) all adoption social workers in private practice;
(vi) all children living in child-headed households, children with disabilities, children living and working in the streets, children placed in foster care, cluster foster care, temporary safe care, and child and youth care centres; and in drop in centres
(vii) reported cases of child abandonment, abuse, neglect and exploitation including child labour, child marriages, child trafficking and online violation.
(viii) all letters issued in terms of section 239(1)(d) of the Act;
(ix) persons, premises, facilities, and places approved to provide, foster care, cluster foster care, temporary safe care, child and youth care centres;
(x) administrative orders, notices and determinations issued in terms of the Act; and
(xi) unaccompanied and separated migrant children who are in alternative care.
(xii) monitor interventions rendered in respect of cases of child abuse, neglect, exploitation, child abandonment and violence against children reported to the National Child Protection Registrar;
(xiii) manage, maintain and monitor an electronic reminder system for all children in alternative care and other court orders issued by the court: and
(xiv) conduct quality assurance, monitoring and evaluation of child care and protection services.

 

(4) The provincial head of social development must ensure that the child care and protection unit:
(a) conduct research to establish trends, identify challenges and devise remedial actions;
(b) facilitate and conduct training and development for social service practitioners rendering child care and protection services; and
(c) conduct quality assurance in accordance with the quality assurance framework as contemplated in subregulation 32A.

 

(5) The provincial head of social development must ensure that the child care and protection units are provided with—
(a) adequate office space;
(b) adequate facilities for persons with disabilities;
(c) adequate personnel;
(d) adequate information technologies' infrastructure, tools of trade including laptop computers, communications devices, data bundles, printing and scanning facilities; and vehicles or access to vehicles; and
(e) adequate budget for purposes of delivering on its services or functions.

 

[Regulation 51A inserted by section 4 of the Amendment Regulations Regarding Children, 2024, Notice No. R. 4993, GG50870, dated 26 June 2024  - effective 1 July 2024]