Children's Act Practice Note 2 of 2011 - LexisNexis South Africa

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Practice positionThe diagram below indicates the registration process for cluster foster careschemes.Registration requirementsNPO certificateDesignation as CPOBusiness planConstitutionWritten plan detailing (financial management,programmes, services to be delivered, assessment ofchildren, disputes management, transfer of children,behaviour management of the of children and record ofany complaint regarding abuse or exploitation.Obtain clearance certificates of all the people involved inthe scheme.Employ a social worker/formal agreement with a DCPOper 50 children in the scheme.Organisation submits an application to functionas a scheme using form 42 to the regional DSDoffice (Welfare planning section)Intake of application forms at a regionalDSD office.Assessment of applications by provincialDSDOnsite visits to the schemes by regional/provincial DSD office.Presentation of business/written plans by NGOto DSD assessment committee once a year.Disapproval ofapplication by HODusing form 44, statingreasons for rejection.Registration certificateissued by HOD usingform 43 to NGO fromthe date of application.Funding based on thefunding model,administered throughprovincial DSD.Registered and fundedscheme must be included inthe CFC scheme registerestablished and maintainedby DSD office.HOD issue a 90 days notice toa registered scheme of anintent to deregister the schemefor failure to comply withconditions for registration usingform 45.Notified schemesubmits an appealusing form 46 withinthe 90 days notice.Scheme notifiedof deregistrationusing form 47.23. Court orders issued for placement in cluster foster care schemeLegal PositionSection 156(1)(e)(ii) makes provision for the Children’s Court to issue a courtorder, placing a child in foster care with a group of persons or an organisationoperating a cluster foster care scheme. Section 180(3) (c) also makes provision forplacement of a child in foster care with a registered cluster foster care scheme.Practice positionAn NGO managing a registered CFC scheme may resolve to appoint a personadvisably a director, manager or a social worker of the scheme as arepresentative, who will be accountable for the children’s placements. This must beincluded as a clause in the organisation’s constitution. The social worker’srecommendation to court must clearly indicate that the recommended placement isChildren’s Act practice note 02 of 2011: Transitional matters24
a director, manager or social worker appointed by the cluster foster care scheme.The official’s title must be included in the court order issued to the CFC scheme,clearly stating that this person is an appointed representative of the CFC scheme.24. Registration of shelters that were registered in terms of the Child CareAct.Legal positionSection 198(3) provides for an existing shelter registered in terms of the Child CareAct must register as a child and youth care centre within a period of five years fromthe date on which this section takes effect.Practice positionExisting shelters are operating legitimately (as per section 314) because they havebeen given a transitional period of 5 years within which they are supposed toregister within the provisions of this Act. Provinces must assist shelters which wereregistered in terms of the Child Care Act to register as CYCC in terms of theChildren’s Act within the given period of five years.Requirements for registration are detailed in Regulation 78(2) (a) to (p).25 Inspection of Drop in centresLegal positionSection 221 (1) (b) and regulations 91-94 provides that a provincial head of socialdevelopment must conduct regular inspections of drop in centres in the province incollaboration with the Municipality where the drop in centres are situated to enforcethe provisions of this Act.Practice positionDrop in centres must be inspected and an Inspection report must be completed inthe attached form. (See Annexure V –Drop in centre inspection form).26. Permission to leave the country in respect of a prospective adoptive childLegal Position: Section 16925Children’s Act practice note 02 of 2011: Transitional matters
Page 6: 8. Who is an appropriately trained
Page 14 and 15: 13. Advertising of abandoned or orp
Page 16 and 17: Practice positionWhen attending to
Page 18 and 19: • any unexplained delay in seekin
Page 20 and 21: protection. Presiding officers migh
Page 22 and 23: For purposes of reviewing foster ca
Page 26 and 27: (1) A child in alternative care may
Page 28 and 29: 29.1 Procedure for reporting to the
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Page 34 and 35: 30. Distinction between National Ch
Page 36 and 37: Practice positionProvinces are requ
Page 38 and 39: 35. Contact personsPolicy, Legislat

Children's Act Practice Note 2 of 2011 - LexisNexis South Africa

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