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

Chapter 13 : Child and Youth Care Centres

Part 3 : Miscellaneous

212. Regulations

 

The Minister may, where appropriate after consultation with the Ministers of Education, Health and Justice and Constitutional Development, in terms of section 306 make regulations prescribing—

(a) the procedure to be followed in connection with the lodging and consideration of—
(i) applications for registration of child and youth care centres;
(ii) applications for renewal or amendment of such registrations; and
(iii) objections to applications made in terms of sub-paragraphs (i) and (ii);
(b) the national norms and standards that child and youth care centres must comply with;
(c) the conditions with which applicants must comply before, during or after the lodging of their applications;
(d) consultation processes that must be followed in connection with such applications;
(e) any additional factors that must be taken into account when deciding such applications;
(f) the procedure to be followed and the fees to be paid in connection with the lodging and consideration of appeals in terms of this Chapter;
(g) the format and contents of registration certificates;
(h) methods and procedures to enforce compliance with registration conditions;
(i) matters in connection with the physical attributes, operation and management of child and youth care centres, including the number of staff appointed at or designated to a child and youth care centre;
(j) matters in connection with residential care programmes provided at child and youth care centres, including the setting of criteria for—
(i) the core components of such programmes; and
(ii) the implementation of such programmes;
(k) the provision of programmes at child and youth care centres to meet the developmental, therapeutic and recreational needs of children;
(l) assessment of and the formulation of an individual developmental and permanency plan for each child;
(m) the powers and duties of the management boards of child and youth care centres;
(n) the composition of management boards, which may include representation for staff and residents;
(o) matters relating to members of management boards, including—
(i) appointment procedures;
(ii) qualifications for membership;
(iii) term of office;
(iv) filling of vacancies; and
(v) suspension or termination of membership;
(p) matters relating to the functioning of management boards, including—
(i) designation and functions of presiding members;
(ii) the convening and conduct of meetings;
(iii) quorums; and
(iv) the appointment and functioning of committees of a board;
(q) matters relating to training, qualifications and experience of staff of child and youth care centres;
(r) matters relating to the responsibilities of and interaction between the management board and the staff and residents of a child and youth care centre;
(s) the reporting responsibilities of management boards and staff to the department, person or organisation operating the child and youth care centre;
(t) the format of the constitution or founding document of a child and youth care centre and the matters to be regulated in such constitution or founding document;
(u) the rights of children in child and youth care centres;
(v) management, disciplinary and other practices in child and youth care centres;
(w) matters in connection with quality assurance processes and organisational development plans established in terms of such processes for child and youth care centres, including—
(i) the composition of teams to conduct internal and independent assessments;
(ii) the qualifications of team members and the remuneration payable to members of independent teams;
(iii) the manner in which internal and independent assessments must be conducted;
(iv) the core components of organisational development plans;
(v) the implementation, revision and amendment of such plans;
(vi) the monitoring of implementation and reporting of violations of such plans; and
(vii) the qualifications, functions and remuneration of mentors appointed to oversee the implementation of such plans; and
(x) any other matter that may facilitate the implementation of this Chapter.

 

 


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