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Presentation to the Justice Portfolio Committee on the implementation implications of the Child Justice Bill for the National & Provincial Departments of Social Development. February 2003. Ashley Theron Dept of Social Development. Agenda. Introduction & Background Progress made

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Presentation to the Justice Portfolio Committee on the implementation implications of the Child Justice Bill for the National & Provincial Departments of Social Development

February 2003

Ashley Theron

Dept of Social Development


Agenda implementation implications of the Child Justice Bill for the National & Provincial Departments of Social Development

  • Introduction & Background

  • Progress made

  • Key DSD responsibilities:

    • Probation Services

    • Diversion

    • Children in detention

  • MTEF allocations


  • Historical background implementation implications of the Child Justice Bill for the National & Provincial Departments of Social Development

    • 1995: Uncoordinated release of 2000 Children awaiting trial in prison/police cells to Places of Safety. Social Development could not handle number of children. No secure care centres in South Africa

    • 1996: 80 social workers doing probation work

    • Diversions mostly done by Nicro:approx 3565 per year


    Progress made implementation implications of the Child Justice Bill for the National & Provincial Departments of Social Development

    • Inter Ministerial Comm: - various pilots: one stop child justice centre, reception, assessment and referral centre, family group conferencing & life centres

    • R 33 million from RDP funds to provide for secure care centres in each province

    • Amended Child Care Act to include secure care

    • Training of , probation officers, social workers and child and youth care workers

    • Home based supervision programs for children awaiting trial


    Progress made implementation implications of the Child Justice Bill for the National & Provincial Departments of Social Development

    • Personnel Admin Standards for probation officers and child and youth care workers

    • Professional Board for Probation Services;

    • Specific tertiary qualifications for probation officers and child and youth care workers

    • Probation Services Amendment Act, 35 of 2002

    • Substantial increase in diversion programmes

    • Increase in no Probation Officers: from 80 to 525 (practitioners only)


    Probation Service implementation implications of the Child Justice Bill for the National & Provincial Departments of Social Development

    Current functions

    New functions

    • Assessment of child offenders including family finding; Pre-trial reports

    • Provide for diversion programs or conversion into children’s court inquiry

    • Investigate circumstances of an accused person

    • Pre-sentence reports, supervision of pre-trial and sentenced children

    • Assessment within48hours (already doing this at one stop youth justice centres and RAR)

    • Age estimation

    • Preliminary inquiry

    • Diversion ondifferent levels (provide programs on all levels)


    Diversion implementation implications of the Child Justice Bill for the National & Provincial Departments of Social Development

    • Planned:

    • Min Standards

    • Data Base-maintain

    • Equal access / increase in diversion programs in urban & rural areas

    • Website

    • Monitoring of programs

    • Network of volunteers in nodal points to support diversion programs

    • Current situation:

    • UNChild Justice Project: Provincial Indabas held to encourage development of programs and audit

    • of programs)

    • Data Base


    Diversion implementation implications of the Child Justice Bill for the National & Provincial Departments of Social Development

    • Assistant Probation Officers X 10

    • Family Finding

    • Diversion Programs

    • Developmental Assessments

    • Crime Prevention Programs

    • Supervision services-PO

    • Home based supervision program

      (House Arrest)

    • Youth Empowerment Camps

    • 20 RAR Services


    Diversion implementation implications of the Child Justice Bill for the National & Provincial Departments of Social Development

    • NGO Partnerships

      • Nicro :- Diversion Programs (YES, Journey, Pre-trial Comm Service; FGC; Say Stop; CSO; VOM

      • Nicro: Training of service providers

    • One Stop Youth Justice Centre: Relocation to Nerina House POS

      • Services:

        • RAR services

        • Probation services

        • Community Crime prevention programs

        • School based Parenting skills programs

      • Diversion programs

      • Pres Awards-Choices

      • Home Supervision Program- Engcobo

    • Residential care programs:

      • Health & Therapeutic

      • Developmental assess

      • Life skills

      • Parental skills

      • Comm Based Programs

      • Art


    No of Assistant Probation Officers implementation implications of the Child Justice Bill for the National & Provincial Departments of Social Development

    Anticipated Total end 2004: 148


    Province implementation implications of the Child Justice Bill for the National & Provincial Departments of Social Development

    Total

    2002

    2,046

    2003

    2,412

    2004

    2,826

    2005

    3,145

    Children in detention

    Current and New function

    • Provide secure care facilities and places of safety and detention for children awaiting trail

    Total number of places to be provided for MTEF Period


    Dept Soc Dev: Provincial breakdown: Children Awaiting Trial implementation implications of the Child Justice Bill for the National & Provincial Departments of Social Development


    Comparison of July 2002 Stats implementation implications of the Child Justice Bill for the National & Provincial Departments of Social Development

    Social Dev & Correctional Services:

    More children in DSD facilities


    Donor Funding implementation implications of the Child Justice Bill for the National & Provincial Departments of Social Development

    • Appointment of assistant probation officers,

    • Increase no children awaiting trial in home based

    • supervision R5m

    • Support for the Integrated Justice System R3m

    • Services to child victims R1,5m

    • Establishment of Probation Services Board

    • and Standard Generation Body R0,83m

    • Training of Probation & Ass probation officers R1m

    • Children in detention: programs, services etc R6m

    • Minimum standards for diversion R1m

    • Training Family Group Conferencing &

    • Restorative Justice R0,8m

    • Running costs R1m

    Total: R20m


    Children in detention implementation implications of the Child Justice Bill for the National & Provincial Departments of Social Development

    • Manager to ensure:

      • Training staff in places of safety, secure care and youth development facilities

      • Projects and services to children in detention

      • Monitoring of children awaiting trial

      • Inter-sectoral projects

      • Coordination of all secure care related business


    • SAPS implementation implications of the Child Justice Bill for the National & Provincial Departments of Social Development

      • Police officials trained:

        • to arrest children

        • to know procedures

      • Separate cells for boys, girls and separate from adults

      • Transporting children to court/home/POS

      • Family finding

      • National Instructions

      • Age estimation

      • Contact details of PO

      • Contact details of facilities

      • Custody register

      • One Stop Centres

      • Monitoring of services

      • Nat & Prov Child Justice Committees

    • Dept Social Development

      • Probation Officers available

      • Training in CJB

      • Assessment within 48 hours

        • Pre-trial report

      • Placement recommendations

      • Family Finding

      • Pre-sentence report

      • Age estimation

      • Availability of diversion programmes

        • Prov Plans

      • Forms (J)

      • One Stop Centres

      • Monitoring of services

      • Nat & Prov Child Justice Committees

      • 24 hour contact nr in all areas

    CBO’s

    NGO’s

    FBO’s

    Communication

    CJB: Local Integrated Model

    Integration of Services

    Monitoring & Eval

    Min Standards

    • Correctional Services

      • Pre-trial detention (not all but only scheduled offences)

        • Programme / Facilities

      • Community Corrections

      • Restorative Justice

      • Facilities & Programs for sentences persons

      • Nat & Prov Child Justice Committees

    • Dept of Justice

    • Human Resources

    • Prelim Inquiry: magistrate,

    • prosecutor

    • Training in all aspects of CJB

    • Separate cells at court

    • Designate CJ Courts

      • 13 juv courts avail

    • Legal representation

    • One Stop Centres (Man)

    • Expert witnesses

    • Regulations

    • Sentencing—court escorts

    • Monitoring whole system

    • Appeals & Reviews

    • Nat & Prov Child Justice Committees

    Local Govt

    • Dept Public Works

      • Upkeep of cells at CSC & Court

    • Dept Education

      • Residential facilities

      • Training educators, managers, care staff

      • Programmes

    • Dept Home Affairs

      • Registration of children


    Total implementation implications of the Child Justice Bill for the National & Provincial Departments of Social Development

    Total

    Total

    Total

    2002

    0

    50,475

    30,937

    525

    2003

    673

    76,550

    55,174

    64,320

    2004

    760

    73,414

    69,461

    105,543

    2005

    835

    79,046

    81,855

    136,436

    Implementation implications for Social

    Development over MTEF period

    Nr of Probation officers

    Increase in assessments

    Preliminary inquiries

    Increase in diversions


    Total implementation implications of the Child Justice Bill for the National & Provincial Departments of Social Development

    Total

    2003

    52,827

    2004

    2,766

    85,342

    2005

    115,979

    TOTAL

    6,334

    254,148

    Financial implications for Social

    Development over MTEF period

    1,758

    1,810

    National Department

    Provincial

    Departments


    Challenges implementation implications of the Child Justice Bill for the National & Provincial Departments of Social Development

    • Channelling of Provincial MTEF allocations

    • Sufficient innovative diversion programmes and services to cover both rural and urban areas

    • Monitoring and implementation strategies at provincial level

    • Well trained inter-sectoral teams at all levels

    • Proper information management systems


    Thank you implementation implications of the Child Justice Bill for the National & Provincial Departments of Social Development


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