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PRESENTATION ON SOCIAL DEVELOPMENT’S STATE OF READINESS IN IMPLEMENTATION OF THE CHILD JUSTICE BILL. 11-14 MARCH 2008. INTRODUCTION. The Child Justice Bill (CJB)
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PRESENTATION ON SOCIAL DEVELOPMENT’S STATE OF READINESS IN IMPLEMENTATION OF THE CHILD JUSTICE BILL 11-14 MARCH 2008
INTRODUCTION The Child Justice Bill (CJB) • The Bill proposes important changes to the manner in which children in conflict with the law are managed and dealt with within the criminal justice system. • Since the conceptualization of the Bill the Department of Social Development has strived to align all its initiatives on children in conflict with the law to the requirements of the Bill. • The Department of Social Development is therefore responsible for the execution of the following functions stipulated by various legislation including the CJB. • 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 entering into the Criminal Justice System
SUPPORTING LEGISLATION • The Department renders services to children in conflict with the law based on legislative mandates such as the following: • Probation Services Amendment Act,2002: • 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 orher 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 and the Amendment Bill of 2006: • 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.
INITIATIVES TO SUPPORT IMPLEMENTATION Monitoring: Database and tracking of children in secure care facilities • The department has utilised its allocation of funds from IJS project to purchase equipment for an Information Management system for secure care data, to make it possible for regional, provincial and national offices to have immediate access to the database of children in secure care and places of safety. • This will address the problem of irregular reporting on children in secure care and those who have been moved from correctional services facilities to secure care, and also control the underutilisation of these facilities. • The training of government and secure care facilities’ officials on the system has been conducted in five provinces with the remaining provinces to be completed by the end of March 2008. • A tender to develop norms and standards, blue print for secure care centres was advertised.
INITIATIVES TO SUPPORT cont… • Diversion • Approximately 19 631 children have been diverted during the last financial year. 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. • Minimum norms and standards on diversion have been developed • Audit of all diversion services/programmes conducted and resource directory will be developed • Capacity Building and training • Capacity building of probation officers on restorative justice, diversion and assessment procedure is offered continuously to probation officers. In the previous financial year they were trained on restorative justice, diversion, sexual offenders programme, assessment procedures and report writing techniques.
INITIATIVES/PLANS TO SUPPORT cont…. HUMAN RESOURCES Probation officers • The Department has approximately484 probation officers who are currently servicing 388 magisterial courts, 88 high courts and 299 periodical courts. • National and provincial initiatives by the Department to recruit students to study Social Work and Auxiliary Social Work is underway. Assistant Probation officers • 264 APO’s have been appointed to provide services to children in conflict with the law • A volunteer assistant probation officer' programme has been initiated in collaboration with Umsobomvu Youth Fund and the National Youth Service Programme to recruit and train 220 young people as Assistant Probation Officers. • These young people are assisting probation officers in providing services to children in conflict with the law, especially with regard to the implementation of home-based supervision and family finding. • To date 141 VAPO’s have been permanently appointed as Assistant Probation Officers.
CONCLUSION • To date there are 29 fully functioning residential care facilities accommodating children awaiting trial and fourteen (21) new ones are planned. • The Department has started a recruitment drive for social workers to deliver welfare services and the implementation of the requirements of the Child Justice Bill and other legislations. Bursaries have been made available for students to study Social Work and Auxiliary Social Work. • The Department has already done substantial work with regard to its readiness for the implementation of the Child Justice Bill( costing of the Bill,appointmentof probation officers,RAR’s ,diversion programmes,Home based supervision and developed national action plan on the areas of responsibility for DSD)
