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Table of Contents
Children's Act, 2005 (Act No. 38 of 2005)
Notice No. 610 of 2006
Act
Preamble
Chapter 1 : Interpretation, Objects, Application and Implementation of Act
1. Interpretation
2. Objects of Act
3. Conflicts with other legislation
4. Implementation of Act
5. Inter-sectoral implementation of Act
Chapter 2 : General Principles
6. General Principles
7. Best interests of child standard
8. Application
9. Best interests of child paramount
10. Child participation
11. Children with disability or chronic illness
12. Social, cultural and religious practices
13. Information on health care
14. Access to court
15. Enforcement of rights
16. Responsibilities of children
17. Age of majority
Chapter 3 : Parental Responsibilities and Rights
Part 1 : Acquisition and loss of parental responsibilities and rights
18. Parental responsibilities and rights
19. Parental responsibilities and rights of mothers
20. Parental responsibilities and rights of married fathers
21. Parental responsibilities and rights of unmarried fathers
22. Parental responsibilities and rights agreements
23. Assignment of contact and care to interested person by order of court
24. Assignment of guardianship by order of court
25. Certain applications regarded as inter-country adoption
26. Person claiming paternity
27. Assignment of guardianship and care
28. Termination, extension, suspension or restriction of parental responsibilities and rights
29. Court proceedings
Part 2 : Co-exercise of parental responsibilities and rights
30. Co-holders of parental responsibilities and rights
31. Major decisions involving child
32. Care of child by person not holding parental responsibilities and rights
Part 3 : Parenting plans
33. Contents of parenting plans
34. Formalities
35. Refusal of access or refusal to exercise parental responsibilities and rights
Part 4 : Miscellaneous
36. Presumption of paternity in respect of child born out of wedlock
37. Refusal to submit to taking of blood samples
38. Effect of subsequent marriage of parents on child
39. Rights of child born of voidable marriage
40. Rights of child conceived by artificial fertilisation
41. Access to biographical and medical information concerning genetic parents
Chapter 4 : Establishment, status and jurisdiction
Part 1 : Establishment, status and jurisdiction
42. Children's courts and presiding officers
43. Status
44. Geographical area of jurisdiction of children's court
45. Matters children's court may adjudicate
46. Orders children's court may make
47. Referral of children by other court for investigation
48. Additional powers
49. Lay-forum hearings
50. Investigations
51. Appeals
Part 2 : Court proceedings
52. Rules and court proceedings
53. Who may approach court
54. Legal representation
55. Legal representation of children
56. Attendance at proceedings
57. Compulsory attendance of persons involved in proceedings
58. Rights of persons to adduce evidence, question witnesses and produce argument
59. Witnesses
60. Conduct of proceedings
61. Participation of children
62. Professional reports ordered by court
63. Evidence
64. Adjournments
65. Monitoring of court orders
66. Protection of court case records
67. Appointment or designation of clerks of children's courts
68. Referral of matters by clerk of children's court
Part 3 : Pre-hearing conferences, family group conferences, other lay-forums and settling matters out of court
69. Prehearing conferences
70. Family group conferences
71. Other lay-forums
72. Settling of matters out of court
73. Other functions
Part 4 : Miscellaneous matters
74. Publication of information relating to proceedings
75. Regulations
Chapter 5 : Partial Care
76. Partial care
77. Strategy concerning partial care
78. Provision of partial care
79. National norms and standards for partial care
80. Partial care facility to be registered
81. Application for registration and renewal of registration
82. Consideration of application
83. Conditional registration
84. Cancellation of registration
85. Notice of enforcement
86. Appeal against and review of certain decisions
87. Record and inspection of and provision for partial care facility
88. Assignment of functions to municipality
89. Serious injury, abuse or death of child in partial care facility
90. Regulations
Chapter 6 : Early Childhood Development
91. Early childhood development
92. Strategy concerning early childhood development
93. Provision of early childhood development programmes
94. National norms and standards for early childhood development programmes
95. Early childhood development programme to be registered
96. Application for registration and renewal of registration
97. Consideration of application
98. Conditional registration
99. Cancellation of registration
100. Notice of enforcement
101. Appeal against and review of certain decisions
102. Assignment of functions to municipality
103. Regulations
Chapter 7 : Protection of Children
Part 1 : Child protection system
104. Strategy concerning child protection
105. Provision of designated child protection services
106. National norms and standards for child protection
107. Designation of child protection organisation
108. Existing child welfare organisation
109. Withdrawal of designation
110. Reporting of abused or neglected child and child in need of care and protection
Part 2 : National Child Protection Register
111. Keeping of National Child Protection Register
112. Confidentiality of National Child Protection Register
113. Purpose of Part A of Register
114. Contents of Part A of Register
115. Access to Part A of Register
116. Disclosure of information in Part A of Register
117. Inquiries on information in Part A of Register
118. Purpose of Part B of Register
119. Contents of Part B of Register
120. Finding persons unsuitable to work with children
121. Disputes concerning findings
122. Findings to be reported to Director-General
123. Consequences of entry of name in Part B of Register
124. Disclosure of entry of name in Part B of Register
125. Access to Part B of Register
126. Establishment of information in Part B of Register
127. Disclosure of names in Part B of Register prohibited
128. Removal of name from Register
Part 3 : Protective measures relating to health of children
129. Consent to medical treatment and surgical operation
130. HIV-testing
131. HIV-testing for foster care or adoption purposes
132. Counselling before and after HIV-testing
133. Confidentiality of information on HIV/AIDS status of children
134. Access to contraceptives
Part 4 : Other protective measures
135. Application to terminate or suspend parental responsibilities and rights
136. Consideration of application to terminate or suspend parental responsibilties and rights
137. Child-headed household
138. Unlawful removal or detention of child
139. Unlawful taking or sending of child out of Republic
140. Child safety at place of entertainment
141. Child labour and exploitation of children
142. Regulations
Chapter 8 : Prevention and Early Intervention
143. Prevention and early intervention programmes
144. Purposes of prevention and early intervention programmes
145. Strategy for securing prevention and early intervention programmes
146. Provision of prevention and early intervention programmes
147. National norms and standards for prevention and early intervention programmes
148. Court may order early intervention programme
149. Report to include summary of prevention and early intervention programmes
Chapter 9 : Child in need of care and protection
Part 1 : Identification of child in need of care and protection
150. Child in need of care and protection
151. Removal of child to temporary safe care by court order
152. Removal of child to temporary safe care without court order
152A. Review of decision to remove child without court order
153. Written notice to alleged offender
154. Other children in need of care and protection
Part 2 : Children’s court processes
155. Decision of question whether child is in need of care and protection
156. Orders when child is found to be in need of care and protection
157. Court orders to be aimed at securing stability in child's life
158. Placement of child in child and youth care centre
159. Duration and extension of orders
160. Regulations
Chapter 10 : Contribution Order
161. Issue of contribution order
162. Jurisdiction
163. Effect of contribution order
164. Payments to be made to person determined by court
165. Attachment of wages of respondent
166. Change of residence or work by respondent
Chapter 11 : Alternative Care
167. Alternative care
168. Leave of absence
169. Child in alternative care prohibited from leaving Republic
170. Child absconding from alternative care
171. Transfer of child in alternative care
172. Change in residential care programme
173. Removal of child already in alternative care
174. Provisional transfer from alternative care
175. Discharge from alternative care
176. Remaining in alternative care beyond age of 18 years
177. Appeal against and review of certain decisions
178. Serious injury, abuse or death of child in alternative care
179. Regulations
Chapter 12 : Foster Care
180. Foster care
181. Purposes of foster care
182. Prospective foster parent
183. Cluster foster care
184. Determination of placement of child in foster care
185. Number of children to be placed in foster care per household
186. Duration of foster care placement
187. Reunification of child with biological parent
188. Responsibilities and rights of foster parent
189. Termination of foster care
190. Regulations
Chapter 13 : Child and Youth Care Centres
191. Child and youth care centre
192. Strategy to ensure sufficient provision of child and youth care centres
193. Provision of child and youth care centres
194. National norms and standards for child and youth care centres
Part 1 : Establishment and registration of child and youth care centre
195. Establishment of child and youth care centre by organ of state
196. Existing government children's home, place of safety, secure care facility, school of industry and reform school
197. Establishment of child and youth care centre
198. Existing registered children's home and registered shelter
199. Application for registration or renewal of registration
200. Consideration of application
201. Conditional registration
202. Amendment of registration
203. Cancellation of registration
204. Notice of enforcement
205. Voluntary closure of child and youth care centre
206. Child in child and youth care centre to be closed
207. Appeal against and review of certain decisions
Part 2 : Operation and management of child and youth care centre
208. Management board
209. Manager and staff of child and youth care centre
210. Management system
211. Quality assurance process
Part 3 : Miscellaneous
212. Regulations
Chapter 14 : Drop-in centres
213. Drop-in centres
214. Strategy concerning drop-in centres
215. Provision of drop-in centres
216. National norms and standards for drop-in centres
217. Drop-in centres to be registered
218. Application for registration and renewal of registration
219. Consideration of application
220. Conditional registration
221. Cancellation of registration
222. Notice of enforcement
223. Appeal against and review of certain decisions
224. Record and inspection of and provision for drop-in centres
225. Assignment of functions to municipality
226. Serious injury, abuse or death of child in drop-in centre
227. Regulations
Chapter 15 : Adoption
228. Adoption
229. Purposes of adoption
230. Child who may be adopted
231. Persons who may adopt child
232. Register on Adoptable Children and Prospective Adoptive Parents
233. Consent to adoption
234. Post adoption agreements
235. Freeing orders
236. When consent not required
237. Gathering of information for proposed adoption
238. Notice to be given of proposed adoption
239. Application for adoption order
240. Consideration of adoption application
241. Unreasonable withholding of consent
242. Effect of adoption order
243. Rescission of adoption order
244. Effect of rescission
245. Recording of adoption in births register
246. Registration of birth and recording of adoption of child born outside Republic
247. Adoption register
248. Access to adoption register
249. No consideration in respect of adoption
250. Only certain persons allowed to provide adoption service
251. Accreditation to provide adoption service
252. Advertising
253. Regulations
Chapter 16 : Inter-Country Adoption
254. Purposes of Chapter
255. International co-operation
256. Hague Convention on Inter-country Adoption to have force of law
257. Central Authority
258. Performance of functions
259. Accreditation to provide inter-country adoption services
260. Entering into adoption working agreement
261. Adoption of child from Republic by person in convention country
262. Adoption of child from Republic by person in non-convention country
263. Issue of adoption compliance certificate
264. Adoption of child from convention country by person in Republic
265. Adoption of child from non-convention country by person in Republic
266. Recognition of inter-country adoption of child from convention country
267. Evidentiary value of adoption compliance certificate of convention country
268. Recognition of inter-country adoption of child from non-convention country
269. Effect of recognition of inter-country adoption
270. Refusal to recognise inter-country adoption or Article 27 decision
271. Application to children's court for inter-country adoption of child
272. Access to information
273. Processing or facilitating inter-country adoption
Chapter 17 : Child abduction
274. Purposes of Chapter
275. Hague Convention on International Child Abduction to have force of law
276. Central Authority
277. Delegation of powers and duties
278. Powers of court
279. Legal representation
280. Regulations
[Repealed] Chapter 18 : Trafficking in Children
281. [Repealed] Purposes of Chapter
282. [Repealed] UN Protocol to Prevent Trafficking in Persons to have force of law
283. [Repealed] International co-operation
284. [Repealed] Trafficking in children prohibited
285. [Repealed] Behaviour facilitating trafficking in children prohibited
286. [Repealed] Assistance to child who is victim of trafficking
287. [Repealed] Trafficking of child by parent, guardian or other person who has parental responsibilities and rights in respect of child
288. [Repealed] Reporting of child who is victim of trafficking
289. [Repealed] Child who is victim of trafficking found in Republic
290. [Repealed] Repatriation of child who is victim of trafficking
291. [Repealed] Extra-territorial jurisdiction
Chapter 19 : Surrogate Motherhood
292. Surrogate motherhood agreement must be in writing and confirmed by High Court
293. Consent of husband, wife or partner
294. Genetic origin of child
295. Confirmation by court
296. Artificial fertilisation of surrogate mother
297. Effect of surrogate motherhood agreement on status of child
298. Termination of surrogate motherhood agreement
299. Effect of termination of surrogate motherhood agreement
300. Termination of pregnancy
301. Payments in respect of surrogacy prohibited
302. Identity of parties
303. Prohibition of certain acts
Chapter 20 : Enforcement of Act
304. Inspection of child and youth care centre, partial care facility, shelter and drop-in centre
305. Offences
Chapter 21 : Administration of Act
306. Regulations
307. Delegation of powers and duties by Minister
308. Assignment of powers and duties by Minister
309. Delegation of powers and duties by MECs for social development
310. Delegation of powers and duties by Director-General
311. Delegation of powers and duties by provincial heads of social development
312. Agency agreements
Chapter 22 : Miscellaneous Matters
313. Amendment of laws
314. Transitional matters
315. Short title and commencement
Schedules
Schedule 1 : Hague Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption (29 May 93)
Chapter I : Scope of the Convention (Articles 1-3)
Chapter II : Requirements for Intercountry Adoptions (Articles 4-5)
Chapter III : Central Authorities and Accredited Bodies (Articles 6-13)
Chapter IV : Procedural Requirements in Intercountry Adoption (Articles 14-22)
Chapter V : Recognition and Effects of the Adoption (Articles 23-27)
Chapter VI : General Provisions (Articles 28-42)
Chapter VII : Final Clauses (Articles 43-48)
Schedule 2 : Hague Convention on the Civil Aspects of International Child Abduction
Chapter I : Scope of the Convention (Articles 1-5)
Chapter II : Central Authorities (Articles 6-7)
Chapter III : Return of Children (Articles 8-20)
Chapter IV : Rights of Access (Article 21)
Chapter V : General Provisions (Articles 22-36)
Chapter VI : Final Clauses (Articles 37-45)
Schedule 3 : [Repealed] Text of the UN Protocol to Prevent Trafficking in Persons
Schedule 4
Regulations
Regulations relating to Children's Courts and International Child Abduction, 2010
Notice No. R. 250 of 2010
Chapter I : Definitions
1. Definitions
Chapter II : Clerks of Children's Courts
2. Application for appointment as clerk
3. Appointment requirements for clerk
4. Conditions of appointment of clerk
5. Additional functions, powers and duties of clerk
Chapter III : Children's Courts
Part 1 : Children's Court Proceedings
6. Bringing matter to court
7. Attendance of proceedings
8. Deviation from time periods
9. Witnesses
10. Additional powers of court
Part 2 : Investigations, Conferences and Forums
11. Investigations
12. Pre-hearing conferences
13. Family group conferences
14. Lay forums
Chapter IV : International Child Abduction
15. Application for return of child to the Republic
16. Access to child wrongfully removed or retained
17. Application to return child to a contracting state
18. Appointment of persons by Chief Family Advocate
19. Obstruction of Chief Family Advocate, Family Advocate or person appointed
20. Court appearances
21. Fees of person appointed by Chief Family Advocate
22. Recovery of expenditure
23. Expeditious handling of proceedings
24. Procedure in High Court
25. Declarations by High Court
26. Proof of documents and evidence
27. Power to order disclosure of child's whereabouts
28. Evidence in support of application
29. Response
30. Adjournment
31. Assistance to prevent removal from jurisdiction
32. Surrender of passport documents
Chapter V : Miscellaneous
33. Keeping of records
34. Submission of statistics to Magistrates Commission
35. Remuneration of persons not in employ of state
36. Contribution orders
37. Patent errors
38. Offences and penalties
39. Short title and commencement
Annexures
Form 1 : Register regarding matters brought to the Children's Court in terms of Section 53
Form 2 : Bringing matter to Children's Court in terms of Section 53
Form 3 : Notice to parties to attend a pre-hearing conference
Form 4 : Notice to attend proceedings of the Children's Court in terms of Section 57
Form 5 : Referral of matter to *Family Group Conference / Lay-forum in terms of Sections 70 and 71
Form 6 : Subpoena to witness to appear before the Children's Court in terms of Section 59
Form 7 : Medical report and age assessment of child in terms of Section 48(2)
Form 8 : Court certificate of estimated age of child
Form 9 : Order of a Children's Court to carry out an investigation in terms of Section 50
Form 10 : Application for the return of a child wrongfully removed / retained in terms of the Hague Convention on the civil aspects of international child abduction
Form 11 : Application for access to a child wrongfully removed / retained in terms of the Hage Convention on the civil aspects of international child abduction
Form 12 : Summons in contribution or attachment of wages order proceedings
Form 13 : Notice of hearing of application for variation, suspension, rescission or revival of contribution or attachment of wages order
Form 14 : Application for the variation, suspension, rescission or revival of contribution or attachment of wages order
Form 15 : Contribution order
Form 16 : Order to an employer to deduct an amount from a respondent's wages
Form 17 : Record of proceedings in the Children's Court
Form 18 : Statistics
General Regulations Regarding Children, 2010
Notice No. R. 261 of 2010
Chapter 1 : General Provisions
1. Definitions
2. Intervals of provincial profiles
Chapter 2 : Social, Cultural and Religious Practices (Section 12 of the Act)
Part I : Virginity Testing
3. Consent to undergo virginity test
4. Manner of conducting virginity test
Part ll : Male Circumcision
5. Circumcision for social or cultural purposes
6. Circumcision for religious purposes
Chapter 3 : Parental Responsibilities and Rights (Sections 18-35 of the Act)
Part I : Parental Responsibilities and Rights Agreements
7. General requirements pertaining to parental responsibilities and rights agreements
8. Mediation and participation of child concerning parental responsibilities and rights
Part II : Parenting Plans
9. General provisions concerning application for registration of parenting plans
10. Preparation of parenting plans
11. Participation of child in preparation of parenting plans
Chapter 4 : Partial Care (Sections 76-90 of the Act)
12. Types of partial care
13. National norms and standards for partial care
14. Application for registration of partial care facility
15. Consideration of application for registration of partial care facility
16. Appeal against certain decisions
17. Exemption from registration as partial care facility
18. Management of partial care facility
19. Employment of staff at partial care facility
20. Closure of partial care facility
21. Inspection of partial care facility
22. Assignment of functions to municipalities
Chapter 5 : Early Childhood Development (Sections 91-103 of the Act)
23. National norms and standards for early childhood development
24. Application for registration of early childhood development programme
25. Consideration of application for registration of early childhood development programme
26. Appeal against certain decisions
27. Qualification, skills and training required for early childhood development programmes
28. Assessment and compulsory monitoring of early childhood development programmes
29. Assignment of functions to municipalities
Chapter 6 : Child Protection System (Sections 104-110 and 142(a)-(f) of the Act)
30. National norms and standards for child protection services
31. Criteria for designation as child protection organisation
32. Quality assurance to evaluate child protection organisation prior to withdrawal of designation
32A. Quality assurance of child protection services and child protection organisations
33. Reporting of abuse or deliberate neglect of child
34. Request for removal of alleged offender
35. Broad risk assessment framework to guide decision-making in provision of designate
36. Criteria for determining suitable persons to investigate child abuse or neglect
37. Powers and responsibilities of persons suitable to investigate child abuse or neglect
38. Conditions for examination or assessment of abused or neglected children and consent of such children
Chapter 7 : The National Child Protection Register (Sections 111-128 and 142(g)-(k) of the Act)
Part I : Part A of National Child Protection Register
39. Contents of Part A of National Child Protection Register
40. Inquiries on information in Part A of National Child Protection Register
Part II : Part B of National Child Protection Register
41. Contents of Part B of National Child Protection Register
42. Findings to be reported to Director-General
43. Consequences of entry of name in Part B of National Child Protection Register
44. Establishment of information in Part B of National Child Protection Register
45. Removal of name from National Child Protection Register
46. Updating of information in Part B of National Child Protection Register
Chapter 8 : Protective Measures relating to Health of Children (Section 129 of the Act)
47. Consent by Minister to medical treatment of or surgical operation on child in certain circumstances
48. Consent by child to performance of surgical operation
49. Consent to surgical operation of child where parent is a child below 18 years of age
Chapter 9 : Other Protective Measures (Section 137 of the Act)
50. Duties of supervising adult in relation to child-headed households
51. Accountability of supervising adult regarding administration of money
Chapter 10 : Prevention And Early Intervention (Sections 143-149 of the Act)
52. National norms and standards for prevention and early intervention programmes
Chapter 11 : Children in Need of Care and Protection (Sections 150-160 of the Act)
53. Removal of child to temporary safe care
54. Bringing of child before children's court to decide whether child is in need of care and protection
55. Report by designated social worker
56. Abandoned or orphaned children
56A Manner and procedure of placing child in need of care and protection
56B Monitoring and supervision of services to child
56C Procedure for approval of child in alternative care to leave Republic
Chapter 12 : Alternative Care (Sections 167-179 of the Act)
57. Manner and criteria for approval of person, facility, place or premises for temporary safe care
58. Limitations and conditions for leave of absence of child from alternative care
59. Fees payable on transfer or provisional transfer of child in alternative care
60. Procedures before issue of notice of provisional transfer of child from alternative care
61. Procedure before issue of notice of discharge of child from alternative care
62. Manner in which children in alternative care must be transferred or provisionally
63. Manner in which applications for extension of alternative care beyond 18 years of age are to be made
64. Serious injury, abuse or death of child in alternative care
Chapter 13 : Foster Care (Sections 180-190 of the Act)
Part I : Foster Care
65. Responsibilities of foster parents
66. Rights of foster parents
Part II : Cluster Foster Care
67. Requirements for approval of organisation to manage and provide cluster foster care
68. Requirements for registration as cluster foster care scheme
69. Functioning and management of cluster foster care scheme
70. Contents of written plan or agreement
71. Provision of services by cluster foster care scheme
Chapter 14 : Child and Youth Care Centres (Sections 191-212 of the Act)
72. National norms and standards for child and youth care centres
73. Rights of children in child and youth care centres
74. Complaints procedure in child and youth care centre
75. Core components and implementation of programmes
76. Behaviour management in child and youth care centres
77. Reporting responsibilities of staff
78. Application for registration of child and youth care centre
79. Notice and objection to application
80. Consideration of application
81. Amendment of registration
82. Required skills of staff of child and youth care centres
83. Viewing process for manager and staff at child and youth care centre
84. Appointment of management board
85. Functioning of management board
86. Responsibilities of management board
87. Management system
88. Constitution or founding document of child and youth care centre
89. Quality assurance process
90. Appeal against certain decisions
Chapter 15 : Drop-In Centres (Sections 213-227 of the Act)
91. National norms and standards for drop-in centres
92. Application for registration of drop-in centre
93. Granting or rejection of application for registration
94. Management of drop-in centre
95. Skills and training of persons employed at or engaged in drop-in centre
96. Assignment of functions to municipalities
97. Appeal against certain decisions
Chapter 16 : Adoption (Sections 228-253 of the Act)
98. Register on Adoptable Children and Prospective Adoptive Parents
99. Applications for and consent to adoption of children
100. Consent outside the Republic
101. Verification of consent
102. Withdrawal of consent
103. Format for post adoption agreement
104. Steps to establish details of person who consents to adoption
105. Manner of recording information in the adoptions register
106. Rescission of an order of adoption
107. Fees payable to accredited child protection organisations
108. Accreditation to provide adoption services
109. Advertisements
Chapter 17 : Inter-Country Adoption (Sections 254-273 of the Act)
110. Accreditation to provide inter-country adoption services
111. Report on person in convention or non- convention country
112. Report on child in the Republic to be adopted
113. Order for adoption of child from Republic
114. Return of child following withdrawal of consent
114A. Fees payable to accredited child protection organisations
Transitional measure
115. Short Title
Annexures
Annexure A : Consolidated Forms in terms of the Regulations
Annexure B : National Norms and Standards (Sections 79;94;106;147;194 and 216 of the Act)
Part I : National Norms and Standards for Partial Care
Part II : National Norms and Standards for Early Childhood Development Programmes
Part III : National Norms and Standards for Child Protection
Part IV : National Norms and Standards for Prevention and Early Intervention Programmes
Part V : National Norms and Standards for Child and Youth Care Centres
Part VI : National Norms and Standards for Drop-In Centres
Forms
Form 38A - Placement of Child (Regulation 56A)
Proclamations
Commencement of Remaining Sections of the Children's Act
Proclamation No. R. 12 of 2010
Commencement of the Children's Amendment Act
Proclamation No. R. 13 of 2010
foster care
means care of a child as described in section 180(1) and includes foster care in a registered cluster foster care scheme;
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