Children's Act, 2005 (Act No. 38 of 2005)

Regulations

General Regulations Regarding Children, 2010

Chapter 6 : Child Protection System (Sections 104-110 and 142(a)-(f) of the Act)

31. Criteria for designation as child protection organisation
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(1)An organisation complies with the criteria for a child protection organization contemplated in section 107(1) of the Act if such organisation, upon application to be designated as a child protection organisation, has shown that it—
(a)is a legal person and is registered with the appropriate authority or in terms of service-specific related legislation which requires registration;
(b)is registered as a non-profit organisation in terms of the Non-profit Organisations Act, 1997 (Act No. 71 of 1997), is affiliated to a non-profit organisation that is so registered or can provide proof that the organisation is in the process of registering under the said Act;
(c)has the necessary capacity and expertise to deliver statutory services in terms of the Act, and that its operation conforms with the MEC for social development's plan for the delivery of child protection services in the relevant province;
(d)has a constitution that embraces the provision of child protection services;
(e)has the ability to provide effective and efficient services which also accommodate the needs of children with disabilities;
(f)promotes an equitable distribution of services, taking into account historical imbalances, including race, gender, disability and the urban and rural areas;
(g)promotes inclusiveness and representation in the management and organisation of services;
(h)is able to account for the utilisation of financial awards made by the Department or the Provincial Department of Social Development in an acceptable manner and in terms of the prescripts of the Public Finance Management Act, 1999 (Act No. 1 of 1999), with particular emphasis on the efficiency, economy and effectiveness of programmes and best practice financial management; and
(i)supports and commits itself to partnerships and collaboration with emerging organisations.

 

(2)An application to be designated as a child protection organisation must include a business plan which contains the following:
(a)Biographic information of the organisation;
(b)information on the management board, staff, volunteers and current beneficiaries of the organisation;
(c)objectives, outputs and outcomes; and
(d)activity-based budgets reflecting the amount of funds required and the purposes for which such funds will be utilised.

 

(3)An application to be designated as a child protection organisation must be accompanied by the following documents or certified copies thereof:
(a)The organisation's most recent audited financial statements or, if audited statements cannot be furnished, such financial statements as are available accompanied by a sworn statement as to why audited statements cannot be furnished;
(b)proof of such registration as may be required;
(c)social workers' certificates of registration issued under section 17 of the Social Service Professions Act, 1978;
(d)the organisation's constitution and, if available, its code of conduct;
(e)confirmation of the organisation's banking details; and
(f)the organisation's audited financial statements.

 

(4)The Director-General or the provincial head of social development may designate an appropriate organisation that complies with the requirements specified in subregulations (1), (2) and (3) as a child protection organisation for a period not exceeding five years.

 

(5)An organisation which has been designated as a child protection organisation in terms of section 107 of the Act or deemed to be designated in terms of section 108 of the Act must submit to the Director-General or to the provincial head of social development a new application for designation in accordance with this regulation at least 90 days before the expiry of the period of designation referred to in sub-regulation (4) or section 108(2) of the Act, as the case may be.