Amendments Input October 2011

2011

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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

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The National Adoption Coalition

• On the 16th & 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.

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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

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ORGANISATIONAL ANDFINANCIAL CONSTRAINTS• Accreditation process• Funding of service providers• Lack of subsidy to C&CYCC’s• Advertisement costs

CHALLENGES IN LEGALFINALIZATION• 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 FORMALSYSTEM• 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 ofKey Challenges in the adoption field

Huge delays in

Adoptionfinalization

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Analysing RACAP – 7 October 2011

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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

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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

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Proposed amendments - ActSection number Proposed 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”

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Proposed amendments – Act (Continue)Section number Proposed 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.

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Proposed amendments – Act (Continue)Section number Proposed 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

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Proposed amendments – RegulationsRegulation number Proposed 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 foundPlace where foundEstimated age/date of birthGenderAny 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”

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Proposed amendments – RegulationsRegulation number Proposed 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 childDate of birthName and contact details of social workerRefer 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

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Proposed amendments – RegulationsRegulation number Proposed 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 R200.00 p/hSpecific therapeutic/assessment process R250.00 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

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Proposed New RegulationsIn reference to the Act/Regulations Proposed 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