Children’s Amendment Bill and the Children’s Second Amendment Bill SECRET " ANNEXURE D" Children’s Amendment Bill and the Children’s Second Amendment Bill SELECT COMMITTEE ON SOCIAL SERVICES 20 SEPTEMBER 2016 SECRET

1. PURPOSE To brief the Select Committee on Social Services on the: SECRET " ANNEXURE D" 1. PURPOSE To brief the Select Committee on Social Services on the: (a) the Children’s Amendment Bill, B13-2015; and (b) The Children’s Second Amendment Bill, B14-2015. SECRET

2. CHILDREN’S AMENDMENT BILL (B13-2015) Amendment of section 1 of Act 38 of 2005: CLAUSE 1: Clause 1 of the Bill seeks to insert the definition of: “Constitution” to rectify an omission of this definition ; and (b) “Sexual offence” thereby aligning the Children’s Act to the Sexual Offences Act;

2. CHILDREN’S AMENDMENT BILL (B13-2015) Amendment of section 120 of Act 38 of 2005 Clause 2 seeks to amend section 120 by: Inserting a new subsection (1A) in order to preclude forums from making findings of unsuitability against children. substitution for subsection (4) of a new section thereby creating a deeming provision, which deems persons who are convicted of certain offences against children unsuitable to work with children. This amendment also seeks to make the process of including offenders who are committing certain offences against children easier and quicker. inserting a new section (4A) which provides a separate procedure for finding persons who committed certain offences against children whilst they were minors themselves unsuitable to work with children.

2. CHILDREN’S AMENDMENT BILL (B13-2015) by the substitution for subsection (5) of a new subsection to: (i) creating a deeming provision for against any person who has been convicted of an offence contemplated in subsection (4)(a), whether committed in or outside the Republic during the five years preceding the commencement of this Chapter; and (ii) create an exception to the deeming provision in favour of person who were children when such offences were committed against children.

2. CHILDREN’S AMENDMENT BILL ( B13-2015) Amendment of section 122 of Act 38 of 2005 Clause 3: Clause 3 seeks to amend section 122 by inserting a new section (1A) which places an obligation on the Commissioner of the South African Police Service to forward to the Director-General particulars of persons convicted of offences contemplated in section 120 (4). Amendment of section 128 of Act 38 of 2005 Clause 4: Clause 4 seeks to amend section 128 thereby giving persons whose particulars are part of the register and who were under the age of 18 years when the offence in respect of which a

2. CHILDREN’S AMENDMENT BILL (B13-2015) finding was made an opportunity to apply for the removal of their particulars from the Register. Amendment of section 150 of Act 38 of 2005 Clause 5 Clause 5 seeks to amend section 150 by for the phrase “without visible means of support” for the following phrase “does not have the ability to support himself or herself and such inability is readily apparent’’.

2. CHILDREN’S AMENDMENT BILL (B13-2015) Insertion of section 152A in Act 38 of 2005 Clause 5 Clause 5 seeks to amend the Act by inserting a new section 152A which provides guidance for the presiding officers when reviewing an order issued in terms of section 152 (2)(c). The clause outlines different orders which presiding officers may issue when reviewing an order to remove a child. Amendment of section 230 of Act 38 of 2005 Clause 9

2. CHILDREN’S AMENDMENT BILL (B13-2015) Clause 9 seeks to amend section 230 to adding two categories of adoptive children. Amendment of section 242 of 38 of 2005 Clause 10 Clause 10 seeks to amend section 242 by adding paragraph (e) which is aimed at correcting an unintended consequence of a divorce order.

3. CHILDERN’S SECOND AMENDMENT BILL (B14-2015) Amendment of section 1 Clause 1: Clause 1 seek to amend section 1 by: Extending the definition of “adoption social worker” so as to include social workers in the employ of the State; Inserting the definitions of- (i) “college; (ii) “grade 12” and (iii) “higher education”.

3. CHILDERN’S SECOND AMENDMENT BILL (B14-2015) Amendment of section 151 of Act 38 of 2005 Clause 2 Clause 2 seeks to amend section 151 by: The substitution for subsection 2 of a new subsection to clarify that an order issued under this section is an interim order. The insertion after subsection 2 of a new subsection 2A which introducing a new safeguard and process which is the referral of the matter of the child’s removal to a designated social worker who must- (i) ensure that an order in terms of 151 (2) is review before the expiry of the next court day; and (ii) the parent, guardian or care giver of the child concerned is present in court during the review.

3. CHILDERN’S SECOND AMENDMENT BILL (B14-2015) Amendment of section 152 of Act 38 of 2005 Clause 3 seek to amend section 152 by: the substitution for paragraph (c) of a new paragraph to stipulate the timeframe within which removal of the child must be reported by the social worker to the Head of Social Development (“HOD”) and also to enjoin the social worker to disclose to the HOD the place to which the child has been removed, Addition of a new paragraph (d) which placed an obligation on the social worker to ensure that- The removal of the child is judicially reviewed before the expiry of the next court day following the referral; and the parent, guardian or care giver attends court for the review. the investigation contemplated in section 155(2) is conducted.

3. CHILDERN’S SECOND AMENDMENT BILL (B14-2015) Amendment of section 171 of Act 38 of 2005 Clause 4: Clause 4 seeks to amend section 171 by inserting a new subsection 1A the provincial HOD to be able to transfer in writing a person referred to in section 176(2) from one form of alternative care to another form of alternative care. Amendment of section 176 of Act 38 of 2005 Clause 5: Clause 5 seeks to amend section 176- (a) to empower the HOD to allow a person place in alternative care whilst a child to remain in alternative care beyond the

3. CHILDERN’S SECOND AMENDMENT BILL (B14-2015) age of 18 years old in order to complete grade 12, college education, high education, internship or learnship. (b) set out the procedure to be followed when applying for permission to remain in alternative care.

4. IMPLEMENTATION OF THE AMENDMENTS The proposed amendments to section 150, 151 and 152 emanated from court judgements, which are in force and being implemented. The Department is rolling out training to prepare government social workers to provide national and inter-country adoption services. The other proposed amendements are of a technical nature. The Department will utilise the existing budget allocations and personnel for implementation of the new amendments.

SECRET " ANNEXURE D" 5. RECOMMENDATIONS It is recommended that the Select Committee on Social Development: (a) Takes note of the Children’s Amendment Bill and the Children’s Second Amendment Bill; and (b) Provides concurrence to the Children’s Amendment Bill and the Children’s Second Amendment Bill SECRET