SUBMISSION
FROM DEPARTMENT OF SOCIAL DEVELOPMENT ON THE CORRECTIONAL SERVICES AMENDMENT
BILL [B32-2007] TO THE PORTFOLIO COMMITTEE ON CORRECTIONAL SERVICES
04 SEPTEMBER
2007
1.
INTRODUCTION
The
Department of Social Development agrees with the proposal that the age for a
child to remain with their mother in correctional services facility is reduced
from five years to two years, in terms of the Correctional Services Amendment
Bill [B32-2007].
2. LEGAL
IMPLICATIONS
United Nations Convention on the Rights of the Child of
1989: Articles 9&20
It highlights that the child has a right to live with his
parent/s unless it is deemed to be incompatible with the child’s best interest.
The state is obliged to provide special protection for a child deprived of a
family environment and to ensure that appropriate alternative family or
institutional placement is available.
African Charter of 1990: Article 5, 8 & 25(2)
The highlight is that in all actions concerning the child
undertaken by any person or authority, the best interests of the child shall be
the primary consideration. Any child who is temporarily or permanently deprived
of his family environment for any reason shall be entitled to protection and
assistance.
Constitution of the
Every child has a right to family care or parental care or
to appropriate alternative care when removed from the family environment.
Child Care Act 74 of 1983 Section 14, the Children’s Act 38
of 2005 and the Children’s Amendment Bill
A child is in need of care and protection if the child lives
in or is exposed to circumstances which may seriously harm that child’s
physical, mental or social well being.
Social Assistance Act of 2004
A person is entitled to appropriate social assistance according
to need for example, a foster parent is eligible for a foster child grant for a
child as long as that child needs such care.
3. THE CURRENT SITUATION WITH REGARD TO PLACING CHILDREN IN
ALTERNATIVE CARE
3.1 CHILDREN WHO QUALIFY FOR ALTERNATIVE CARE
Currently, the child is found to be in need of care in terms
of the Child Care Act 74 of 1983 and Section 150 of the Children’s Act 38
of 2005, and brought before the court for determination in that:
A child living in prison with their mother is a child in
need of care in terms of section 14(4) (a)(B) (iv) of the Child Care Act in
that the child lives in or is exposed to circumstances which may seriously harm
the physical, mental, or social well-being of the child.
3.2 CLARIFICATION OF TERMINOLOGY
In terms of the Child Care Act 74 0f 1983: A child is in
alternative care when the child is placed in foster care or residential care. A
child is in foster care if the child has been placed in the care of a person
who is not the parent or guardian of the child as a result of an order of a
children’s court, or a transfer from one alternative care to another. A child
found to be in need of care can be placed in a children’s home if deemed
appropriate by way of a court order.
3.3 PROCESS
A social worker must adhere to the following procedure when
placing a child in alternative care:
·
Removal
of a child from difficult circumstances,
·
In
case of an emergency the social worker will issue a Form 4 and place a child in
a place of safety, for instance in a private one, with relatives or in a
government place of safety;
·
Open
a children’s court inquiry;
·
Investigate
the child’s family circumstances;
·
Screen
prospective foster parent;
·
Finalize
the placement of the child in alternative care;
·
Ensure
issuing of a court order by the Children’s Court;
·
Placement
supervised by a registered social worker;
·
Depending
on the sentence of the mother social workers involved to work on the
re-unification services.
3.4 TIMEFRAME
The timeframe to finalize the
placement of a child in need of care takes approximately three months depending
on the child’s specific needs and circumstances. Currently, there are many
children awaiting placement due to the shortage of social workers versus the
demand of the service. There are about 84 000 known cases nationally of
children awaiting alternative placement. However, this is mitigated by the Department
of Social Development’s new recruitment and retention strategy which involves
the training of social workers and auxiliary social workers to assist with the
processing of these cases which will cut down on the turn around time and
therefore, reduce the backlog.
3.5 SUFFICIENCY AND CONDITIONS OF
FACILITIES
There are currently 241 registered
children’s homes in
4. THE DSD OPINION WITH REGARD TO
THE AGE IN WHICH CHILDREN NEED TO BE REMOVED FROM THEIR MOTHERS AND BE PLACED
IN ALTERNATIVE CARE
eld.
The preservation of the family, with the parents as the
caregivers of their child, has always been and continues to be of primary
importance. It is ideal for children to grow up within their family
environment. Hence, it is essential that programs or activities are developed
to strengthen family units. In cases where a child has to live apart from their
parent/s or family, and it is in the child’s best interest, alternative care is
mandatory. Foster care is the preferred option as compared to residential care
as it provides the child with a family environment to grow up optimally. There
are currently more than 438 000 children in foster care as compared to 13 984
children in residential care. In order to bring permanency in the child’s life,
adoption is the best option, in cases where mothers are serving a life
sentence. An open adoption can be proposed to the mother where she will be able
to maintain contact with the child.
The removal of any child from a
familiar environment can have emotional implications on the child’s
development. According to research at about seven months of age, the child
becomes more discriminant in their interactions and it is during this period
that real and specific attachment becomes progressively intense and stable.
After this specific attachment to the parent has been formed, most children
begin to show anxiety, fear, and even flight reactions at the approach of a
stranger..
If a child is not firmly attached to a
parental figure and has been neglected early in life, the ability to form
attachments increasingly narrows and then disappears as they grow older. This
presents problems with establishing loving relationships and attaching to
someone in later life.
It is therefore, important for the child to be
put in foster care as early as possible even before they turn 2, to ensure that
the child is able to form attachment to parental figure as it becomes more
difficult for children to form new bonds with adults when they are older..
Removing children at the age of 2 years from
their mothers will also depend upon a suitable alternative care environment, if
the for example the foster home provides the child with love, care and a sense
of security, the child will adjust quickly and will not be affected by the
separation. However if the conditions are not conducive to the child’s developmental
and emotional needs this will affect the child negatively.
It is therefore important to ensure the
selection of an alternative care option takes into consideration the specific
needs of a child.
It is recommended that legal procedures should
be followed for any alternative care arrangement that is found suitable for the
child. In the case of foster care, an application for a foster child grant is
recommended especially in situations were families need extra income to
maintain the child
5. RESEARCH CONDUCTED BY DSD ON EMOTIONAL
IMPLICATIONS
The department has not done any research in this
regard as yet. The department makes use of research that has been conducted by
other institutions including NICRO and other international research findings.