PRESENTATION ON SOCIAL DEVELOPMENT’S STATE OF READINESS IN IMPLEMENTATION OF THE CHILD JUSTICE ACT 23 FEBRUARY 2010

2 Crime Reporting Sentence Enforce Investigation Arrest Community Termination of Sentence Reintegration Re-unification DSD Services Alt sentencing Reception, assessment & referral Diversion Victim support Secure Care Intermediary Probation services Substance abuse Child protection Social crime Prev Detention

DSD’S RESPONSIBILITIES IN TERMS OF CJA Provision of assessments for all arrested children by probation officers - within 48hrs Provision and funding of diversion services Provision of alternatives for children awaiting trial Home based supervision programmes Provision of residential care facilities (Secure Care Facilities) Provision of pre-trial and pre-sentence reports Alternative sentencing options Prevention services and programmes to strengthen existing capacity and opportunities for children Early intervention services to prevent children from getting deeper into the Criminal Justice System

SUPPORTING LEGISLATION The Department provides services to children in conflict with the law based on legislative mandates such as the following: PROBATION SERVICES ACT 116 of 1991 AS AMENDED:  Section 4B states that any arrested child who has not been released shall be assessed by a probation officer as soon as reasonably possible, but before his or her first appearance in court in terms of section 50( l) (c) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977):  Provided that if the child has not yet been assessed when brought before the court, the court may authorise the extension of the period within which the assessment must take place by periods not exceeding seven days at a time following his or her first court appearance.”  Section 4A refers to appointment of assistant probation officers and their duties CHILDREN’S ACT 38 OF 2005 AS AMENDED:  Chapter 8(s) 143 (sub section 1) a-b: provision of prevention programme  (sub section 2) a-b: early intervention programmes  Chapter 13 refers to establishment of Residential Care Facilities and programmes.

HUMAN RESOURCES PROBATION OFFICERS  The Department has currently appointed 484 full time probation officers servicing all courts in the country.  These numbers exclude Social Workers who perform probation services as part of their generic work and not as a speciality ASSISTANT PROBATION OFFICERS  360 APO’s have been appointed to provide services to children in conflict with the law, in support of the Probation Officers in terms of Probation Services Act, no 35 of 2002 as amended VOLUNTEER ASSISTANT PROBATION OFFICERS  To date 55 VAPO’s are still under going training ( leadership programme) FET in probation done by the University of the Western Cape.

NUMBER OF PERSONNEL PER PROVINCE PROVINCEPOAPOVAPO North West18160 Free State KZN41 plus 27 SW360 Limpopo Gauteng N Cape Mpumalanga E Cape W Cape54360 TOTAL

SECURE CARE CENTRES To date there are 33 fully functioning residential care facilities accommodating children awaiting trial, six ( 6) newly built with a bed capacity of sixty each( 320 capacity) and awaiting operationalization and eighteen (18) new ones are planned with an additional capacity of 1080 The total capacity: over the MTEF will be 3808 inclusive of six newly built and 18 planned facilities The department also developed blue print, norms and standards for secure care to standardize services RECEPTION,ASSESSMENT AND REFERRAL CENTRES In addition DSD has established 53 Reception Assessment Referral Centres (RAR’s) to ensure assessment of children within 48hrs These RAR ‘s centres are located within district courts, Police stations and DSD offices ONE STOP CHILD JUSTICE CENTRE The department also provide services at the two one stop child centre in Mangaung and Nerina run by department of justice and constitutional development

06/01/20168 SECURE CARE CENTRES PROVINCEBED SPACE CAPACITY NAME AND LOCATION OF FACILITY EASTERN CAPE215 Enkuselweni-PE, Erica Child and Youth Care –PE, Protea Child and Care Centre- PE Sikhuselekile-Umthata, John X Merriman- East London-EL GAUTENG730Mogale Youth Centre-Randfontein, Walter Sisulu Child and Youth Care Centre- Noordgesig, Father Smangaliso Mkhatshwa (Protem Detention Centre- Cullinen) MPUMALANGA 60Hendrina KZN169 Excelsior SC- Pinetown Ocean View POS Valley View POS Greenfields POS-Pietermaritzburg Pata POS- Pietermaritzburg Ngwelezane POS LIMPOPO190Polokwane Secure Care and Malamulele N/CAPE241Molehe Mampe Secure Care Centre, Marcus Mbetha Sindisa-Upington Lorato POS-Kimberly,Namaqua secure care FREE STATE 90Bloemfontein Secure Care, Matete Matches Secure Care-Kroonstad NORTH WEST131Reamogetswe SC- Brits, Mafikeng SC, Matlosana SC, Rustenburg SC WESTERN CAPE582Bonnytoun House-Wyneberg, Outeniekwa House-George, The Horizon Youth Centre- Faure, Vredelust House – Elsies River, Lindelani POS- Stellenbosch Clanwilliam SC TOTAL2408

DSD’s readiness plan Action stepDue dateprogress Development of Diversion Accreditation Framework ( section 56(2)) March 31 DSD has appointed a service provider to develop national diversion policy framework on diversion services. To date substantial work has been done and a zero draft has been consulted. A hard copy of proto-type accreditation system is in place. The final draft will be ready by end of March 2010.It is anticipated that the Diversion Policy Framework will be tabled during June 2010.Letter requesting extension was submitted for Minister’s consideration. National Resource Directory (Manual) on diversion service providers is in place. An audit of diversion programmes conducted in all provinces to identify gaps Currently the department provides diversion programmes in partnership with the NGO’s in all nine provinces, however there are still gaps and challenges interms of equity and distribution of services

DSD’s readiness plan cont.. Action stepDue dateprogress DIVERSION REGISTER April 2010 The department has developed a Diversion register iro children whom a diversion order has been made. Register for children under 10 years was also developed (From April 2009 to January children have been diverted) INFORMATION MANAGEMENT SYSTEM ( IJS FUNDING) Child and Youth Care Application ( CYCA) and Institute Administrative System (IAS) developed -centralized electronic application systems used in residential care facilities. With this system DSD is able to: Provide bed space availability in secure care centres and statistics Approximately children have been diverted since April to January However a more concerted effort is required to fund NGO’s who are providing these programmes as children are committing more violent crimes and sexual related offences.  Audit of all diversion services/programmes conducted and a national resource directory developed  As per requirement of the CJA the Department has developed an electronic diversion register

DSD’s readiness plan cont.. Action stepDue dateprogress Training /capacity building Probation practice guidelines developed in partnership with UNICEF targeting Probation practitioners; Assistant Probation Officers and Child and Youth Care Workers. Training of 75 master trainers in all provinces. Training of 180 probation practitioners in nine provinces to commence in March 2010.

DSD’s readiness plan cont.. Action stepDue dateprogress Training /capacity building March 2010 Capacity building of probation officers on restorative justice, report writing techniques, sexual offenders programme, diversion norms and standards and assessment procedures is offered on an ongoing basis to probation officers in all the nine provinces. Training of probation practitioners on the Child Justice Act commenced in all Provinces and will be finalized by end of February 2010.

CHALLENGES  DSD still needs 484 probation officers( which includes supervisors and district coordinators) and 772 APO’s to strengthen child justice services in provinces over the MTEF period  Two national sector bids submitted to treasury through the cluster without success, hence there was no additional allocation to appoint more personnel and expansion of diversion programmes in under serviced areas  Under utilization of Secure Care, at the given time there is 600 bed space availability  Accessibility of these facilities interms of location, distance poses challenges to other role players  More children are committing serious and violent crimes at a very young age

PLANS TO ADRESS CHALLENGES  DSD will continue to submit requests for additional funding to treasury  Continue with the scholarship programme to recruit more social workers and learnership for Social Auxiliary Workers  Marketing of the facilities and services available within criminal justice system including the norms and standards and the blue print  Proper consultation and agreement with regard to sites with key stakeholders within the criminal justice and municipalities  DSD developed Social Crime Prevention Strategy to strenghten prevention and early intervention, and after and reintegration programmes

NDZA KHENSA