Z Skweyiya invites public comments on Children's Amendment Bill

Minister of Social Development Z Skweyiya invites public
comments on Children's Amendment Bill

18 July 2007

The Minister of Social Development, Dr Zola Skweyiya, invites the public and
stakeholders to comment on the Children's Amendment Bill which is currently
before the National Assembly's Portfolio Committee on Social Development. "We
are at a critical milestone in our efforts to put comprehensive legislation in
place that would adequately protect the rights of children in South Africa, as
enshrined in the Bill of Rights of the Constitution. We urge the public to
assist us in this process by making their voices heard on the contents of the
Bill," said Dr Skweyiya.

He added: "The public must exercise their right in the participation of
legislative processes and this Bill addresses key issues such as the protection
of child headed households, corporal punishment, early childhood development,
alternative care, foster care and child and youth care centres. It is
constitutionally imperative to consult the public on a matter that affects such
an integral and vulnerable part of South Africa, our children."

The Children's Amendment Bill, which is designed as an integral part of the
Children's Act (Act 38 of 2005), was signed and assented to by the President on
8 June 2006. Sections of the Children's Act, which do not require regulations,
came into effect on 1 July 2007. The Children's Amendment Bill is a Section 76
Bill. This means that the services will impact on provincial budgets and will
be rendered by provincial government in partnership with accredited
organisations.

The Portfolio Committee on Social Development is scheduled to reach out and
hold community consultations as part of its public hearings on the Bill from 13
to 17 August in the Eastern Cape, Limpopo, Mpumalanga and North West
provinces.

Submissions and comments can be directed to:
Ms Zola Vice
Portfolio Committee on Social Development
Parliament of the RSA
PO Box 15
Cape Town
8000
Tel: 021 403 3755
Fax: 021 403 2808
E-mail: zvice@parliament.gov.za

The Children's Amendment Bill is available on http://www.dsd.gov.za.

Background information or summary of Bill

The Bill gives effect to the protection of children in the following manner,
amongst other provisions:

* Makes provision for partial care, known as place of care in the existing
Child Care Act of 1983, which refers to when a person with or without reward,
takes care of more than six children on behalf of their parents or care-givers
for a temporary period, by agreement. Partial care includes programmes such as
early childhood development services. These facilities must be registered with
the provincial Departments of Social Development.

* Introduces better reporting mechanisms for child abuse, neglect and
exploitation of children, by mandating a variety of professionals for example
social workers, teachers, medical practitioners and psychologists to, on
suspicion, report a child who has been sexually abused, neglected or abused if
it is in the best interest of the child concerned. Other persons who believe
that a child is in need of care and protection because of abuse, sexual abuse
or deliberate neglect may report that belief to a social worker, the police or
a child protection organisation.
* Addresses the plight of child-headed households and makes provision for the
provincial Head of the Department of Social Development to recognise a
household as a child-headed household if:
* The parent or caregiver of the household is terminally ill or has died.
* No adult family member is available to provide care for the children in the
household and a child has assumed the role of caregiver in respect of a child
in the household.
* A child over the age of 15 years has assumed the role of caregiver in respect
of the children in the household.

Such a child-headed household must function under the general supervision of
an adult designated by a children's court or an organisation of state or
non-governmental organisation (NGO) determined by the provincial Head of Social
Development. Decisions concerning the child-headed household and the children
may not be taken without consulting the child at the head of the household and
the other children.

* Provides that no person may take or send a South African child out of the
Republic without consent from persons holding relevant parental rights and
responsibilities in respect of that child or a court.

* Provides for discipline of children and states that no child may be
subjected to corporal punishment or be punished in a cruel or degrading way and
the following is included:
* The child's right to physical integrity as conferred in the Constitution must
be respected.
* The common law defence of reasonable punishment available to persons in any
court proceeding is abolished.
* No person may administer corporal punishment to a child at any child and
youth care centre, partial care facility or drop-in centre.

* The Department of Social Development must take all reasonable steps to
ensure that:
* Education and awareness-raising programmes are implemented across the
country.
* Programmes promoting appropriate discipline at home and at school are
available across the country.
* Provides for alternative care, such as foster care and child and youth care
centres. Foster care includes the placement of a child in the care of a person
who is not the parent or guardian of the child by court order. A new provision
in this chapter is the placement of a child with a family member and where
appropriate for more than two years or until the child reaches the age of 18
years.

This provision takes cognisance of the large number of orphans who are
placed in stable environments with family members and therefore require minimum
or no supervision from a social worker. More than six children may be placed in
foster care in terms of a cluster foster care scheme which provides for the
children to be grouped in houses accommodating not more than six children per
house or such other number of children per house as the court may
determine.

*Provides for drop-in centres managed for the purpose of providing services,
excluding overnight accommodation, to children including children living,
working or begging on the streets. Drop-in centres must provide outreach
programmes, as well as prevention and intervention programmes.

Enquiries:
L Lakela
Cell: 082 782 2575
E-mail: Lakelak@socdev.gov.za

Issued by: Department of Social Development
18 July 2007
Source: Department of Social Development (http://www.dsd.gov.za)

Share this page

Similar categories to explore