Children's Act, 2005 (Act No. 38 of 2005)RegulationsGeneral Regulations Regarding Children, 2010Chapter 4 : Partial Care (Sections 76-90 of the Act)22. Assignment of functions to municipalities |
| (1) | Before a provincial head of social development may assign functions to a municipal manager as contemplated in section 88 of the Act, he or she must conduct a needs assessment on the assignment of the functions referred to in that section in consultation with the municipality concerned. |
| (2) | Before assigning all or part of the functions contemplated in section 88 of the Act, a provincial head of social development must be satisfied that the municipality concerned has— |
| (a) | adequate staff, including social service professionals, who are suitably qualified and skilled; |
| (b) | the ability to render assistance to build capacity to ensure compliance with the relevant norms and standards; and |
| (c) | the capacity to manage the functions to be assigned. |
| (3) | An agreement between the provincial head of social development and a municipality contemplated in section 88(2) of the Act must be in writing and signed by both parties in the presence of two witnesses. |
| (4) | An agreement between a provincial head of social development and a municipality contemplated in section 88(2) of the Act must contain the following particulars: |
| (a) | A strategic plan containing a business plan for a period of three years, an operational plan for a period of one year and a budget for a period of three years; |
| (b) | a service level agreement; |
| (c) | an organogram for the establishment responsible for the administration of the assigned functions; and |
| (d) | a provision to the effect that the items contemplated in paragraphs (a), (b) and (c) must be reviewed and updated annually. |