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

Regulations

General Regulations Regarding Children, 2010

Chapter 13 : Foster Care (Sections 180-190 of the Act)

Part II : Cluster Foster Care

67. Requirements for approval of designated child protection organisation and provincial department to manage and provide cluster foster care

[Regulation 67 heading substituted by section 11 of the Amendment Regulations Regarding Children, 2024, Notice No. R. 4993, GG50870, dated 26 June 2024  - effective 1 July 2024]

 

(1)        No organisation shall manage any cluster foster care scheme unless such organisation—

(a) is a designated child protection organisation; and

[Regulation 67(1)(a) substituted by section 12(1) of the Amendment Regulations Regarding Children, 2024, Notice No. R. 4993, GG50870, dated 26 June 2024  - effective 1 July 2024]

(b) has been approved by the provincial head of social development to provide cluster foster care.

 

2(A) Prior to establishing an additional cluster foster care scheme services in a province the management of a designated child protection organisation must—
(a) consult the relevant provincial head of social development; and
(b) provide any records or report that the provincial head of social development may request in order to determine if there is a need to establish additional cluster foster care schemes.

[Regulation 67(2A) inserted by section 12(1) of the Amendment Regulations Regarding Children, 2024, Notice No. R. 4993, GG50870, dated 26 June 2024  - effective 1 July 2024]

 

2(B) Construction of any building of a cluster foster care may be commenced with only after obtaining prior written approval from the relevant local municipality and from the provincial head of social development as contemplated in subregulation (1)(b).

[Regulation 67(2B) inserted by section 12(1) of the Amendment Regulations Regarding Children, 2024, Notice No. R. 4993, GG50870, dated 26 June 2024  - effective 1 July 2024]

 

2(C) In the event that a cluster foster care scheme is constituted of existing homes, such envisaged cluster foster care scheme may be approved only if the said houses are allocated with separate erven and have distinct addresses.

[Regulation 67(2C) inserted by section 12(1) of the Amendment Regulations Regarding Children, 2024, Notice No. R. 4993, GG50870, dated 26 June 2024  - effective 1 July 2024]

 

(4) Where a designated child protection organisation seeks registration for more than one cluster foster care scheme, such organisation must complete a form in respect of each scheme.

[Regulation 67(4) inserted by section 12(2) of the Amendment Regulations Regarding Children, 2024, Notice No. R. 4993, GG50870, dated 26 June 2024  - effective 1 July 2024]