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

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(1) A child in alternative care may not leave the Republic without the writtenapproval of the provincial head of social development.(2) In granting approval in terms of section 169 (1), the provincial head of socialdevelopment may determine terms and conditions to protect the best interest of thechild in alternative care.Practice position:If the child is in alternative care of the prospective adoptive parent/s who intend toadopt him/her, section 169 applies.If it is a foreign prospective adoptive parent/s still in the process to adopt the child,it may not be allowed. The child will only be allowed to leave the country once theadoption process is finalized.27 Register on Adoptable Children and Prospective Adoptive Parents(RACAP)Legal position: Section 232(1) The name and other identifying information of a child may be entered intoRACAP if the child is adoptable as contemplated in section 230(3).(2) A person may be registered as a prospective adoptive parent if he/she is aSouth African citizen and has complied with section 231(2).Practice position:• Adoption service providers must submit information of adoptable childrenand prospective adoptive parents (PAPs) to the National Department ofSocial Development for registration on RACAP.• The National Department will inform the adoption service providers of thedecision and a renewal date of such registration.• The National Department furthermore consolidates a list of adoptablechildren and prospective adoptive parents.• The list will be circulated amongst adoption service providers for theirinformation. Adoption service providers will assess the child against the listChildren’s Act practice note 02 of 2011: Transitional matters26
of PAPs on RACAP. If a possible match is found, the social workercommunicates with the social worker who registered the PAPs.• If the social workers agree and the PAPs support the match, they thenproceed with the adoption provided that a letter from the provincial head ofsocial development recommending the adoption is issued.• The children’s court may not proceed with an unrelated inter-countryadoption without the child being placed on RACAP for a period of 60 days ofmore.“NB” Designated CPOs not providing adoption services should submitinformation on adoptable children to the National Department for registration onRACAP.28. Format of letter to recommend Adoption by Provincial Head of SocialDevelopment (HOD)Legal position: Section 239(1) (d)An application for the adoption of a child must be accompanied by a letter by theprovincial head of social development recommending the adoption of the child.Practice position:The social worker submits a comprehensive report on the adoptable child and theprospective adoptive parent/s to the provincial head of social development to issuethe recommendation letter to proceed with adoption. The HOD issues therecommendation letter guided by the attached format Annexure W-Letter forrecommendation of Adoption by Provincial Head of Social Development.29. National Child Protection Register (CPR)The Child Protection Register (CPR) is divided into Part A and Part B in terms ofSection 111 of the Children’s Act. This register is managed by the Department ofSocial Development at regional or provincial levels. All cases reported are capturedelectronically and information on this is kept confidential hence the users of theelectronic system are allocated passwords in terms of levels of access.27Children’s Act practice note 02 of 2011: Transitional matters
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Children's Act Practice Note 2 of 2011 - LexisNexis South Africa

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