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

Regulations

General Regulations Regarding Children, 2010

Chapter 13 : Foster Care (Sections 180-190 of the Act)

Part II : Cluster Foster Care

71. Provision of services by cluster foster care scheme

 

(1) A cluster foster care scheme must promote the best interests of the children in cluster foster care by providing services which—
(a) provide support, mentoring, supervision and advice to active members of cluster foster care scheme to whom responsibility for foster care of a child or children in the cluster foster care scheme has been assigned;
(b) require the care-givers of a cluster foster care scheme to whom responsibility for foster care of children has been assigned to:
(i) ensure that the children in cluster foster care benefit from educational, recreational, developmental, therapeutic, psycho-social support and health services, including early childhood development services;
(ii) provide services for children with special needs in cluster foster care, including chronic illness or a disability, by providing psychological, rehabilitation and therapeutic programmes for children with such needs;
(iii) ensure that the rights of children in cluster foster care are respected, protected, promoted and fulfilled;and
(iv) fulfil the social, cultural gender, sexual orientation, race and religious needs of any child in cluster foster care;
(c) assist the active members of an organisation to whom responsibility for foster care of children has been assigned to obtain the basic necessities of life themselves, including by providing access to income-generation projects and skills development programmes as appropriate;
(d) ensure that a foster care plan as contemplated in section 188(1)(e) of the Act is compiled, in accordance with Form 38(G) in respect of each child in cluster foster care, as soon as possible, but not later than 21 days after the child's placement in the cluster foster care scheme;
(e) develop appropriate parenting skills and the capacity of active members of an organisation to safeguard the well-being of the children, including the promotion of positive, non-violent forms of discipline;
(f) prevent the violence, child abuse, neglect, exploitation, inadequate supervision of children or other failures to meet children's needs on the part of active members of an organisation;
(g) assist a young person with the transition when leaving cluster foster care after reaching the age of 18;
(h) involve active members of a cluster foster care scheme, as well as the children in cluster foster care, in identifying and seeking solutions to their problems;
(i) assist a young person with the transition when leaving cluster foster care after reaching the age of 18; and
(j) rehabilitation, reconstruction, reunification, re-integration and where applicable repatriation of the child.

[Regulation 71(1) substituted by section 14(1) of the Amendment Regulations Regarding Children, 2024, Notice No. R. 4993, GG50870, dated 26 June 2024  - effective 1 July 2024]

 

(2) A cluster foster care scheme must keep a record of the movement of foster children amongst the active members.

[Regulation 71(2) inserted by section 14(2) of the Amendment Regulations Regarding Children, 2024, Notice No. R. 4993, GG50870, dated 26 June 2024  - effective 1 July 2024]

 

(3) a registered cluster foster care scheme can have more than six children but not more than 60 children per scheme.

[Regulation 71(3) inserted by section 14(2) of the Amendment Regulations Regarding Children, 2024, Notice No. R. 4993, GG50870, dated 26 June 2024  - effective 1 July 2024]

 

(4) The provisions of subregulation (3) must not apply for siblings that require to be placed in foster care as prescribed in section 185(1)(a) of the Act.

[Regulation 71(4) inserted by section 14(2) of the Amendment Regulations Regarding Children, 2024, Notice No. R. 4993, GG50870, dated 26 June 2024  - effective 1 July 2024]