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SOUTH AFRICA
Child Welfare applauds new Children's
Bill
Child Welfare South Africa (CWSA) has welcomed the
passing of the Children's Bill by the National Assembly.
The National Assembly passed the Bill into law last week after a long
consultative process to establish a more effective child protection
system in the country.
“Extensive input was rendered by the NGO sector and especially Child
Welfare South Africa towards this progressive piece of legislation,”
said the body's national executive director André Kalis.
The new groundbreaking provisions in the Children's Bill call for the
establishment of a National Child Protection Register.
This register would enable organisations working with
children to check that all employees, regardless of whether they work
directly or indirectly with children, are suitable to work with
children.
It will bar anyone who has been found guilty of an offence against
children from working in an environment that has child protection as its
aim.
The law also broadens the scope of care options for children who appear
before the Children's Court.
The more traditional placement options, such as foster care and
residential care, have been enhanced by the introduction of shared care
and court-ordered kinship care.
These options go a long way towards preserving families and aiding
families to retain their responsibilities towards children.
The inclusion of these options is also “positive” in that it will make
financial resources available to service delivery organisations to
facilitate less traditional forms of care for children.
The legislation also calls for the improvement of the
care of children living within child-headed households, allowing for a
child to remain with his/her siblings but under the supervision of an
adult person designated by the court.
Mr Kalis said this was a victory as the CWSA had lobbied for the care
and protection of this vulnerable group of children and “we have been
heard”.
He said it reinforced the belief of CWSA that children should not be
burdened with adult responsibilities.
It also addresses the lack of social work resources in the facilitating
of foster care of children.
The HIV and AIDS pandemic has resulted in thousands of orphaned and
vulnerable children needing alternative family care.
The new provisions would enable social service delivery organisations to
effect foster care with children's extended families without the added
burden of reporting to the Children's Court every two years.
The period of reporting has been amended to allow for longer periods
thus freeing social workers to focus on children at risk.
The law also expands the child protection net to
protect street children, children involved in child labour, trafficked
children, refugee children and children in child-headed households by
enforcing social work intervention and social work investigations into
the circumstances of these children.
It provides for adoption of many more children by families with fewer
financial means.
Prospective adoptive parents who qualify would be assisted with an
adoption grant.
The law also establishes a Register of Adoptable Children and
Prospective Adoptive Parents.
“This is a first for our country and will aid social workers in matching
children and adoptive parents throughout South Africa, opening the scope
of placement options and effecting permanency in the lives of all
vulnerable children,” said Mr Kalis.
It also puts into operation the stipulations of the
Hague Convention on inter-country adoption that will regulate
international adoption by forcing South Africa to adhere to
international standards and requirements.
“We applaud the Minister of Social Development, Dr Zola Skweyiya, on the
introduction of these much-needed measures in the field of child
protection and thank Parliament for passing this new legislation,” said
Kalis.
However, Child Welfare South Africa remained “extremely” concerned that
the existing lack of human and financial resources within the social
service delivery system will hamper the implementation of the Children's
BiIl at ground level.
We urge Government to attend to the financing of NGOs and social work
subsidies with the same urgency that they afforded the development of
this Bill,” Kalis concluded.
29 June 2005
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