Ashley Theron Dept of Social Development

1. 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

2. Agenda • Introduction & Background • Progress made • Key DSD responsibilities: • Probation Services • Diversion • Children in detention • MTEF allocations

3. Historical background • 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

4. Progress made • 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

5. Progress made • 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)

6. Probation Service 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)

7. Diversion • 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

8. Diversion • 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

9. Diversion • 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

10. No of Assistant Probation Officers Anticipated Total end 2004: 148

11. Province 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

12. Dept Soc Dev: Provincial breakdown: Children Awaiting Trial

13. Comparison of July 2002 Stats Social Dev & Correctional Services: More children in DSD facilities

14. Donor Funding • 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

15. Children in detention • 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

16. SAPS • 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

17. Total 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

18. Total 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

19. Challenges • 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

20. Thank you