050120implications

CHILDREN’S BILL AND RELATED LEGISLATION: IMPLICATIONS FOR STATE DEPARTMENTS AND OTHER INSTITUTIONS

ISSUE	LEGISLATION AND POLICIES	ROLES AND RESPONSIBILITIES	FINANCIAL IMPLICATIONS	GENERAL COMMENTS
S 27 of the Constitution: Everyone has the right to have access to social security, including, if they are unable to support themselves and their dependants, appropriate social assistance	Legislation/policies Social Assistance Act, No. 59 of 1992 (at present) Social Assistance Act, No. 13 of 2004 (date of commencement to be proclaimed) Unemployment Insurance Fund Act	Social Development The Social Security unit of the Department of Social Development and the provincial departments of Social Development are mainly responsible for the implementation of the Social Assistance Act. Home Affairs The Department of Home Affairs is responsible for providing ID documents, birth certificates and death certificates. These documents are a prerequisite to receiving social assistance. Labour The Unemployment Insurance Fund Act administered by the Department of Labour provides for adoption benefits. Provision is also made for assistance to households where employment is terminated due to unforeseen circumstances.	The funding of services delivered as part of the normal functions of a department is addressed in the expenditure framework of each department. Additional financial implications still have to be established and will form part of the costing of the Bill.	Social security is addressed in the Social Assistance Act, No. 59 of 1992 at present and will be addressed in the Social Assistance Act, No. 13 of 2004 once that Act is put into operation. The following grants are available to children: Foster care Child support grant Care dependency grant UIF pays out various benefits to eligible employees e.g. illness, maternity, adoption, dependant’s benefits and unemployment benefits. Awareness of the benefits of UIF was mentioned as a concern. An awareness-raising campaign has been developed to address this in 2005 and beyond.
Foster care grants for court-ordered kinship care placements	Children’s Bill Chapter 13: Foster care and care by family members Other legislation/policies Social Assistance Act, No. 59 of 1992 (at present) Social Assistance Act, No. 13 of 2004 (date of commencement to be proclaimed)	Social Development The Social Security unit of the Department of Social Development and the provincial departments of Social Development are mainly responsible for the implementation of the Social Assistance Act. The backlog on foster care placement is a serious problem caused by a lack of social workers and backlogs in the children’s courts.	The court-ordered kinship care placement is the same as foster care. The grant to be paid for court-ordered kinship care is actually a foster child grant. The department already pays foster child grants to certain people. The funding of this service is addressed in the department’s expenditure framework.	The issue of foster child grants is addressed in the Social Assistance Act, No. 59 of 1992 at present and will be addressed in the Social Assistance Act, No. 13 of 2004 once that Act is put into operation. The above-mentioned Acts, however, does not specifically refer to court-ordered kinship care. Both the Social Assistance Acts only refer to "foster child grants". It is proposed that the Children’s Bill be amended to include court-ordered kinship care under foster care.
Adoption grants	Other legislation/policies None	Social Development If an adoption grant is deemed necessary, the Department of Social Development will be responsible for the administration thereof.	An additional grant will have significant financial implications. A decision to institute an adoption grant could only be taken at a high level after a thorough investigation of the matter.	The Social Security Branch in the department of Social Development intends to review all grants pertaining to children, including adopted children.
Child-headed households and other vulnerable children	Children’s Bill Clause 136: Child-headed households Other legislation/policies Social Assistance Act, No. 59 of 1992 (at present) Social Assistance Act, No. 13 of 2004 (date of commencement to be proclaimed) Policy on orphans and other children made vulnerable by HIV and AIDS (the policy is currently under development and is envisaged to be finalised by end March 2005) Deeds Registries Act, No. 47 of 1937	Social Development National policy HIV/AIDS Unit is developing a policy on orphans and vulnerable children affected by HIV/AIDS. The policy should set out roles and responsibilities Housing Provision of housing to child-headed households Financing of facilities to house child-headed households Land Affairs The Deeds Office is responsible for the registration of deeds of transfer of property Home Affairs Assistance with obtaining documentation Provincial departments of Social Development Recognition of child-headed households Local governments Municipalities need to include children heading households as beneficiaries in their indigent policies. Traditional leaders Traditional authorities have the responsibility of supporting municipalities in the identification of community needs. NGOs Monitor child-headed households Appoint social workers, child and youth care workers or community members as supervising adults	It is envisaged that child-headed households could qualify for child support grants. The department already provides child support grants and no additional financial implications are foreseen. The funding of services delivered as part of the normal functions of a department is addressed in the expenditure framework of each department. Additional financial implications still have to be established and will form part of the costing of the Bill.	It is proposed that social assistance to a child-headed household should be paid to either the child at the head of the household or the adult supervising the household, depending on the circumstances in each case. The adult supervising the household should be a trained caregiver linked to a NGO. This is also to ensure that the child-headed household will receive comprehensive services. The age of the child at the head of the child-headed household should not be less than 15 years of age. Children in child-headed households require assistance to obtain and / or retain housing and to register deeds of transfer to secure a right to property that they may be entitled to.
Orphans and other vulnerable children: property grabbing, intestate succession, guardian’s fund.	Legislation/policies Intestate Succession Act, No. 81 of 1987 Administration of Estates Act, No. 66 of 1965 Guardianship Act, No. 192 of 1993	Justice: Master’s Office The Department is responsible for the administration of legislation relating to the protection of the interests of orphans. The Master’s Office has been requested for an input on problems being experienced with the protection of children’s property interest. The matter is receiving attention.	The Master of the High Court provides these services. The funding of the Master’s Office is addressed in the expenditure framework of the Department of Justice. The budget allocated to the Master’s Office for 2004/2005 was R84.147 million The budget allocated is for the Master’s Office in its entirety and not tailored to services it provides for children.	This matter should be addressed in legislation pertaining to succession, the administration of estates and guardianship. The SALRC also recently completed an investigation into Customary law of Succession (Project 90).
S 28 of the Constitution: Every child has the right to family care or parental care or appropriate alternative care when removed from the family environment	Children’s Bill Clause 136: Child-headed household Clause 156: Orders that court may make when child is found in need of care and protection Chapter 12: Children in alternative care Chapter 13: Foster care and care by family members Chapter 14: Placement of children in child and youth care centres Chapter 16: Adoption Chapter 17: Inter-country adoption	The national and provincial Departments of Social Development, the courts and NGOs are mainly responsible for the implementation of these provisions. Justice Placement orders issued by the Children’s Courts Social Development Adoption Inter-country adoption Provincial departments of Social Development Alternative care Foster care and care by family members (court-ordered kinship care) Placement of children in child and youth centres Investigations by social workers NGOs Investigations by social workers	The department and the provincial departments of Social Development already provide these services. The funding of these services is addressed in the expenditure frameworks of the departments concerned. The costing of the Bill however will provide vital information on the cost implications of these services for budget and planning purposes.	The Department of Social Development is of the opinion that these issues are adequately addressed in the Children’s Bill. As far as the provision of alternative care is concerned, the DSD is faced with human resource challenges at present. The Department has improved the remuneration packages of social workers in order to retain social workers in the sector.
S 28 of the Constitution: Every child has the right to shelter	Children’s Bill Clause 156: Orders that court may make when child is found in need of care and protection Chapter 12: Children in alternative care Chapter 13: Foster care Chapter 14: Placement of children in child and youth care centres Chapter 15: Shelters and drop-in centres	The national and provincial Departments of Social Development, the courts and NGOs are mainly responsible for the implementation of these provisions. Housing The role of the Department of Housing need to be clarified. Provincial departments of Social Development Alternative care Foster care and care by family members (court-ordered kinship care) Placement of children in child and youth centres Investigations by social workers Shelters and drop-in centres Local governments Shelters and drop-in centres	The funding of services delivered as part of the normal functions of a department is addressed in the expenditure framework of each department. Additional financial implications still have to be established and will form part of the costing of the Bill.	The Department of Social Development is of the opinion that these issues are adequately addressed in the Children’s Bill.
S 28 of the Constitution: Every child has the right to basic social services	Children’s Bill Chapter 6: Partial care Chapter 7: Early childhood development Chapter 8: Protection of children Chapter 9: Prevention and early intervention services Chapter 10: Children in need of care and protection