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

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All findings of unsuitability to work with children must be submitted to the Director-General of Department of Social Development on Form 28.29.3 Disclosing of information of personnel against part B of the CPRLegal PositionSection 126 (1) (a) to (e) and (2) (a) to (e)Before a person is allowed to work with or have access to children at an institutionproviding welfare services to children, including CYCC, partial care facility, ashelter and a drop in centre or school, the person managing or operating aninstitution, centre, facility, shelter or school must establish whether or not thatperson’s name appear in part B of the Register.The person managing or operating the institution, centre, facility, shelter or schoolcontemplated in section 126 (1) (b) must establish whether the name of any personwho works with or has access to children at the institution, centre, facility, shelter orschool appears in part B of the Register.Practice PositionTo establish whether a person’s name appears in part B of the child protectionregister or not can either be done by the employer or the person him/herself.i. Inquiry by employer, that is, a manager or a representative of a facility,state department, child and youth care centre, school, partial care facility,correctional facilities for young offenders, or any institution providing services tochildren. The above named persons must establish whether or not the name of anemployee including volunteers appears in Part B of the Register prior to or duringthe course of his or her employment.The employer must complete Form 29 and attach certified ID copies of themanager as well as, that of the employee. The form can only be completed by amanager or a representative of the employer.ii.Inquiry by an individual. Any person who works or intends to work with32Children’s Act practice note 02 of 2011: Transitional matters
children may establish if his or her name appears or does not appear on theRegister. Prospective foster parents, prospective adoptive parents, prospectivechild-headed household supervisors and owners of centres offering services tochildren can make individual inquiries if there is no management structure or boardof management to enquire on their behalf.The person must complete Form 30 and attach a certified copy of an I.D.NB All inquiries must be forwarded to Director-General of the Department of SocialDevelopment.29.4 Disclosing of information in Part B of the CPRLegal PositionSection 127 states that the Director-General must inform a person found unsuitableto work with children when that person’s name and particulars are entered in PartB of the CPR.Practice Position• The Director-General will issue a notification letter within 21 days uponreceipt of an inquiry.• If the person’s name appears in Part B of the CPR and s/he is dissatisfiedwith the outcome s/he can complete Form 31 and apply for clearance ofhis/her name to the Director-General in the National Department of SocialDevelopment.• The Director-General will issue a clearance certificate as proof that his/hername and any information relating to that person has been removed fromthe Register.NB: The Department of Social Development does not issue ClearanceCertificates relating to the register for Sex Offenders. Inquiries relating tothis register must be directed to the Department of Justice andConstitutional Development.33Children’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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