Amendments Input October

2ONE VISION ○ ONE VOICE ○ ONE COMMUNITY ○ ONE CHILD AT A TIME Index Introduction and purpose of presentation National Adoption Coalition Challenges experienced Overview Adoption process/Timeframe Proposed RACAP policy and guidelines Amendment Input: Children’s Act Amendment Input: Regulations

3ONE VISION ○ ONE VOICE ○ ONE COMMUNITY ○ ONE CHILD AT A TIME The National Adoption Coalition On the 16 th & 17 March 2011, 131 members of the adoption community met in Johannesburg to discuss and agree the development of a National Adoption Coalition of SA. Representation was diverse including: –Adoption organisations –Department of Social Development (National & Regional) –Social Workers –Legal/Justice –Associated organisations e.g. Childline –Adoptive parents etc. It was agreed that a National Adoption Coalition should be formed and 8 representatives were elected and tasked to do this.

4ONE VISION ○ ONE VOICE ○ ONE COMMUNITY ○ ONE CHILD AT A TIME The Role of the NAC The National Adoption Coalition as defined its role as: –To promote and build awareness and understanding of adoption. –To build partnerships and collaboration across the community. –To share best practice and build capacity (training & development), in support of DSD’s efforts in this area. –To lobby government and regulators on behalf of the industry –To support DSD in their regulation of industry standards and code of conduct, as a mediator and champion. To lead the change needed in our society, in taking responsibility for our children through embracing a culture of adoption

5ONE VISION ○ ONE VOICE ○ ONE COMMUNITY ○ ONE CHILD AT A TIME ORGANISATIONAL AND FINANCIAL CONSTRAINTS Accreditation process Funding of service providers Lack of subsidy to C&CYCC’s Advertisement costs CHALLENGES IN LEGAL FINALIZATION Different interpretations of the Act and Regulations, i.e. advertisements Lack of training of Presiding Officers and adoption clerks IMPLICATION ON SERVICES: Decline in number of adoptions (stats) Unprofessional and unethical practises in relation to birth parents Time frame in baby homes – survey has shown average of 1 year Additional medical costs due to delays Bonding risks due to age at placement Loose experiences adoption social workers CPO’s under financial strain CHALLENGES IN FORMAL SYSTEM Time frame for Provincial letters Article 17 – delay in process Lack of guidelines on using RACAP Poor communication between adoption role players and DSD Summary and Implication of Key Challenges in the adoption field Huge delays in Adoption finalization

6ONE VISION ○ ONE VOICE ○ ONE COMMUNITY ○ ONE CHILD AT A TIME Analysing RACAP – 7 October 2011

8ONE VISION ○ ONE VOICE ○ ONE COMMUNITY ○ ONE CHILD AT A TIME The purpose of RACAP Keeping a record of all adoptable children…………. Keeping a record of all fit and proper adotive parents who have not been matched Promoting placement of children within South African Families and promoting networking between adoption service providers Give effect to Section 240(1) (a) and (b) - Promote placements where the religious and cultural background are similar and also considering reasonable preference expressed by parent. ONLY CHILDREN AND PARENTS THAT COULD NOT BE MATCHED, should be registered on RACAP. The purpose is to assist social workers to find suitable national matchings. Access to RACAP Delegated DSD Officials Head of Provincial Departments Accredited Adoption social workers and CPO It is however crucial that adoptable children are identified within the system and channeled through to be placed on RACAP(foster care, residential care) Submission of adoptable children and parents Who should be submitted? When should they be submitted? Submission process At what stage can a matching take place? 30 days Management of RACAP Updated list, electronic submissions, complete and correct information Using RACAP efficiently, role division between social workers and DSD Networking procedure in case of a suitable match Process after 60 days has lapsed and no suitable match was found

9ONE VISION ○ ONE VOICE ○ ONE COMMUNITY ○ ONE CHILD AT A TIME Proposed Guidelines for RACAP The National Adoption Coalition compiled proposed guidelines on the operational management of the Register taking the following into account: Section 7: Best interest of the child Norms and standards for good adoption practice: Part III, 8 Practice guidelines to Intercountry adoptions Practice guidelines on Intercountry adoptions Good adoption practice: From an adoption social worker’s perspective and experience The guidelines should promote efficient networking amongst adoption role players and DSD in an effort to find local parents, without unnecessary delaying placement It is proposed that a workshop be arranged with DSD to finalize guidelines as a matter of urgency

Thank you

11ONE VISION ○ ONE VOICE ○ ONE COMMUNITY ○ ONE CHILD AT A TIME Proposed amendments - Act Section numberProposed amendment/addition Section 46 (1) (a) (iii) To include: ….in temporary safe care, pending an application for, and finalization of the adoption of the child.” Section 156 (1) To include: There should be a clause to the effect “ that the child be returned to the care of the biological mother” Section 230 (3) To include: Subsection (f): “Where consent to the child’s adoption has been given by the biological parent or parents, guardian or foster parent” Subsection (g): “ A child born from a previous relationship/marriage of the spouse/domestic life partner” Section 231 (6) To include: “A person unsuitable to work with children, as registered on Part B of the National Child Protection Register, is not a fit and proper person to adopt a child”

12ONE VISION ○ ONE VOICE ○ ONE COMMUNITY ○ ONE CHILD AT A TIME Proposed amendments – Act (Continue) Section numberProposed amendment/addition Section 232 (2) Proposal to change: “must be entered into RACAP” Further proposal to include: “The name and specified identifying information of child must be entered into RACAP if an adoption social worker is satisfied that the child appears to be adoptable as contemplated in Section 230 (3) of the Act” Section 232 (6) To add: (d) a social worker in private practice accredited in terms of Section 251 (1) (a)to provide adoption services Section 233 (1)(a) Proposal to remove: “….., if the parent is a child, that parent is assisted by his or her guardian” Section 234(4) Proposal to include: “…confirm a post adoption agreement if it is in the best interest of a child; if an agreement was reached by all parties; and on recommendation of the adoption social worker.

13ONE VISION ○ ONE VOICE ○ ONE COMMUNITY ○ ONE CHILD AT A TIME Proposed amendments – Act (Continue) Section numberProposed amendment/addition Section 239 (1)(a) Proposal to add: An application for the adoption of a child must be made to a children’s court in the area where the child is residing at the time of the application in the prescribed manner Section 239(1)(d) Proposal to remove clause in its entirety Section 249(2)(a-g) To include: (d) a child protection organization or a private adoption social worker accredited in terms of Section 251 to provide adoption services, receiving the prescribed fees; To add: (h) a C&CYCC for cost incurred in respect of care and medical expenses of child Section 261(6)(a)(b) To remove clause

14ONE VISION ○ ONE VOICE ○ ONE COMMUNITY ○ ONE CHILD AT A TIME Proposed amendments – Regulations Regulation numberProposed amendment/addition Regulation 54(1)(a) and (b) To add to (1)(a) and (1)(b): “including where a temporary safe care placement has been made pursuant to consent being given.” Regulation 56(2)(b) To include: (b) be furnished with a copy of the advertisement contemplated in sub regulation (1), containing specific details of the child such as: Name and surname (assumed) Date and time when found Place where found Estimated age/date of birth Gender Any other relevant identifying details Regulation 98 To add as subsection (7): “The DG will compile policy and guidelines regarding the operational process and management of RACAP to ensure that the best interest of the child is served”

15ONE VISION ○ ONE VOICE ○ ONE COMMUNITY ○ ONE CHILD AT A TIME Proposed amendments – Regulations Regulation numberProposed amendment/addition Regulation 99(3)(b) To add to end of paragraph: “and furthermore, that where consent is required of a person who is imprisoned, the Head Warden of the Correctional Facility is deemed to be a suitable authority before which the person can sign consent.” Regulation 104(2) To change: “ ….may place an advert in a newspaper to ….must place an advert in a national/regional newspaper in order to obtain the required details To specify content of advertisement as follows: Name and surname of child Date of birth Name and contact details of social worker Refer to proposed adoption (No identifying details of the biological mother ) To add: If no response is received within 30 days the adoption may proceed; In the case an alleged rape, where a police case has been reported there is no need to place an advertisement in an effort to trace the alleged rapist

16ONE VISION ○ ONE VOICE ○ ONE COMMUNITY ○ ONE CHILD AT A TIME Proposed amendments – Regulations Regulation numberProposed amendment/addition Regulation 107 Regulation 107 should be applicable for national adoptions, with the following amendments included. To include the following changes: Change Home study report to Official report After care services R p/h Specific therapeutic/assessment process R p/h Regulation 114 Return of the child following withdrawal of consent by Central Authority to adoption by person in convention or non-convention country Remove Regulation

17ONE VISION ○ ONE VOICE ○ ONE COMMUNITY ○ ONE CHILD AT A TIME Proposed New Regulations In reference to the Act/RegulationsProposed new regulation In reference to Section 42(6):....magistrates or additional magistrates may be designated as presiding officers for one or more children’s courts.” Children’s Courts should be presided over by officers with specialized training and expertise in child law, including the Children’s Act, Bill of Rights and international conventions and treaties that South Africa is party to. In reference to Regulation 107: Fees payable to accredited child protection organizations Fee structure for Inter-country adoptions