PROGRESS MADE TO MEET THE NORTH GAUTENG HIGH COURT

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Description: PROGRESS MADE TO MEET THE NORTH GAUTENG HIGH COURT DEADLINE ON FOSTER CARE PORTFOLIO COMMITTEE ON SOCIAL DEVELOPMENT 16 NOVEMBER 2022 OUTLINE Context North Gauteng High Court judgement Comprehensive legal solution Progress on the management

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slide1. PROGRESS MADE TO MEET THE NORTH GAUTENG HIGH COURT DEADLINE ON FOSTER CARE PORTFOLIO COMMITTEE ON SOCIAL DEVELOPMENT 16 NOVEMBER 2022<br>
slide2. OUTLINE Context
North Gauteng High Court judgement
Comprehensive legal solution
Progress on the management of foster care orders
Analysis of progress made regarding the implementation of the North Gauteng High Court Order’s interim regime
Provincial reports
Recommendations 2<br>
slide3. 1. CONTEXT The Centre for Child Law (CCL) approached Court in 2011 seeking a relief regarding the Foster Care backlog challenge in South Africa. The Foster Care Orders were lapsing prior to being extended by Court due to the Foster Care backlog and thereby adversely affecting Foster Care beneficiaries. There was a delay in ameliorating the foster care backlog in 2011 and an extension was requested in 2014 which was granted for a further 3 years lapsing on 31 December 2017.
In 2017 the North Gauteng High Court declared that the delay by the first respondent in preparing and introducing before Parliament amending legislation to produce a comprehensive legal solution in respect of the foster care system is unconstitutional, unlawful and invalid and the delay in putting in place the necessary mechanisms, structures, resources to ensure that the foster care system operates in a sustainable and effective manner is unconstitutional, unlawful and invalid. 3<br>
slide4. 1. CONTEXT CONT… The declarations of invalidity was suspended for a period of 24 months from the date of the order. The first respondent was directed, within 15 months of the order, to prepare and introduce before Parliament the necessary amendments to the Children's Act 38 of 2005 and/or the Social Assistance Act 13 of 2014, to produce a comprehensive legal solution regarding the foster care system.
The Minister of Social Development complied with the 2017 Court Order by introducing the Children’s Amendment Bill of 2020 in Parliament which sought to amend the Children’s Act, 2005 and address the challenges relating to the foster care system.
Further, the Social Assistance Amendment Act has been passed into law and Regulations are in force, which positively contributes to the comprehensive legal solution. 4<br>
slide5. 2. NORTH GAUTENG HIGH COURT JUDGEMENT The Department of Social Development approached the Court on 26 November 2019, 26 November 2020 and 04 November 2022, seeking extensions of the court orders on Foster Care. The Court granted the extensions of which the latest was granted on 8 November 2022 for a period of 12 months, lapsing on 11 November 2023, due to legislative process not being finalised.
The court directed the Department to arrange supervisory hearings which were held in May, August and November 2022 respectively. In terms of the current Court Order, The Department is directed develop an action plan to be filed by 31 January 2023, which must outline steps to be taken in order to ensure the finalisation of the comprehensive legal solution in ameliorating Foster Care challenge. The court further directed the Department to arrange with the Registrar of Court for a supervisory hearing on 21 April and 31 July 2023.
The Court ordered that the Department must ensure that in all its high level meetings, compliance with the order is included as part of the discussions and relevant progress thereon is recorded.
On 15 June 2022, the Court further issued a Directive (“the Directive”) in terms of which “the Parties shall arrange a date for the hearing of the supervisory hearing with the Registrar of Van der Schyff J by not later than 15 July 2022.”. 5<br>
slide6. 3. COMPREHENSIVE LEGAL SOLUTION The Portfolio Committee on Social Development published the Bill for public comments, conducted national public hearings and consulted all 9 provinces covering 34 districts. Initially the Bill contained 146 clauses and covered all the issues pertaining to child protection.

In the interest of time to comply with the deadline for the North Gauteng High Court Order in relation to foster care challenges, Portfolio Committee rejected all other clauses including ECD clauses and focused on clauses that relate to foster care. The rest of the clauses will still be dealt with later as a Committee Bill.

The Bill comprises of 15 clauses, which directly contribute to the comprehensive legal solution as ordered by the High Court. These clauses provide for a legal framework that directly addresses the identified foster care challenges.

The Portfolio Committee deliberated on the 15 clauses and adopted a motion of desirability and subsequently referred the Bill to the NCOP for concurrence. 6<br>
slide7. 3. COMPREHENSIVE LEGAL SOLUTION CONT… The Department of Social Development briefed the Select Committee and Members of the respective Provincial Legislatures on the Children’s Amendment Bill.
The National Council of Provinces (NCOP) subsequently conducted public hearings in all Provinces from 10 October to 26 October 2022.
The Provincial Legislatures presented negotiating mandates to the Select Committee which were adopted. Currently the C-list have been adopted and the D list will be finalised concluding the adoption and approval of the final mandate on the Bill for submission to the National Assembly (NA).
It became apparent that the Bill could not be finalised by the 11th of November 2022 to ensure that the Foster Care orders do not lapse, hence the Department approached the Court seeking an extension of Foster Care Court Order for at least 12 months, which was subsequently granted. 7<br>
slide8. 8 4. TOTAL OF DEVIATIONS AND PROJECTIONS THAT HAD TO BE DEALT WITHIN MARCH 2022<br>
slide9. 9 4. TOTAL OF DEVIATIONS AND PROJECTIONS THAT HAD TO BE DEALT WITH BEFORE NOVEMBER 2022<br>
slide10. 10 4. PROGRESS MADE AT END OF OCTOBER 2022 ON DEVIATIONS PRIOR 12 NOV 2020 TO SEPTEMBER 2022<br>
slide11. 11 4. PROGRESS MADE ON FOSTER CARE ORDERS TARGETED FOR OCTOBER 2022<br>
slide12. 12 4. PROGRESS MADE ON FOSTER CARE ORDERS PROJECTED/TARGETED TO LAPSE IN NOVEMBER 2022<br>
slide13. 13 The 2020 High Court Order aimed to prevent these foster care orders from lapsing when this Order would have lapsed this year. There was 45 815 projection of foster care orders that were due to lapse between March and November 2022 as well as 29 964 deviations, amounting to 78 953 that had to be dealt with this year.
Since then, the progress made as at the end of October 2022 indicates that the outstanding foster care orders to be dealt by the end of November is reduced to 11 308.
Provinces had to deal with 15 866 in October 2022. Of these 15 866, 2 495 were removed from the baseline due to various reasons such as discharge from foster care etc.
Progress consist of the 15 866 is 6 716 foster care orders that were extended by the Children’s Courts in line with interim regime. These include the gradual increase of section 186 foster care extension orders issued by the Children’s Courts that will minimise the number of foster care orders that require to be extended periodically after every two years.
The provinces also dealt with 5 780 projections for November 2022, recording the progress of 1 668 foster care orders that were extended by the Children’s Courts.
The overall target consisting of the deviations, October 2022’s target including one month’s projection is 21 646 with an overall progress of 8 384.
The outstanding foster care orders to be dealt with by the end of November that includes deviations and projections is 11 308. 5. ANALYSIS OF THE PROVINCIAL PROGRESS REGARDING THE IMPLEMENTATION OF NGHCO INTERIM REGIME<br>
slide14. 6. PROVINCIAL REPORTS www.dsd.gov.za BUILDING A CARING SOCIETY. TOGETHER.<br>
slide15. EASTERN CAPE PROVINCE www.dsd.gov.za BUILDING A CARING SOCIETY. TOGETHER.<br>
slide16. www.dsd.gov.za BUILDING A CARING SOCIETY. TOGETHER. 1. MECHANISMS, STRUCTURES AND RESOURCES<br>
slide17. www.dsd.gov.za BUILDING A CARING SOCIETY. TOGETHER. 1. MECHANISMS, STRUCTURES AND RESOURCES<br>
slide18. www.dsd.gov.za BUILDING A CARING SOCIETY. TOGETHER. 1. MECHANISMS, STRUCTURES AND RESOURCES<br>
slide19. 2. MANAGEMENT OF FOSTER CARE ORDERS IN LINE WITH NGHCO’S INTERIM REGIME<br>
slide20. 3. CHALLENGES AND INTERVENTIONS<br>
slide21. FREE STATE PROVINCE<br>
slide22. 22 1. HUMAN RESOURCES<br>
slide23. 23 1. CAPITAL RESOURCES<br>
slide24. 24 1. REQUIRED MECHANISMS<br>
slide25. 25 1. REQUIRED STRUCTURES<br>
slide26. 26 1. INTERSECTORAL COLLABORATION<br>
slide27. 27 1. UTILISATION OF THE WEB BASED FOSTER CARE MONITORING TOOL<br>
slide28. 2. MANAGEMENT OF FOSTER CARE ORDERS IN LINE WITH NGHCO’S INTERIM REGIME<br>
slide29. 3. CHALLENGES AND INTERVENTIONS<br>
slide30. GAUTENG PROVINCE www.dsd.gov.za BUILDING A CARING SOCIETY. TOGETHER.<br>
slide31. 1. ROGRESS ON PROVINCIAL PLAN TO PUT IN PLACE NECESSARY MECHANISMS, STRUCTURES AND RESOURCES www.dsd.gov.za BUILDING A CARING SOCIETY. TOGETHER. 2<br>
slide32. www.dsd.gov.za BUILDING A CARING SOCIETY. TOGETHER. MECHANISMS, STRUCTURES AND RESOURCES<br>
slide33. www.dsd.gov.za BUILDING A CARING SOCIETY. TOGETHER. MECHANISMS, STRUCTURES AND RESOURCES<br>
slide34. www.dsd.gov.za BUILDING A CARING SOCIETY. TOGETHER. MECHANISMS, STRUCTURES AND RESOURCES<br>
slide35. 2. MANAGEMENT OF FOSTER CARE ORDERS IN LINE WITH NGHCO’S INTERIM REGIME<br>
slide36. 3. CHALLENGES AND INTERVENTIONS<br>
slide37. 37 KWAZULU- NATAL PROVINCE GROWING KWAZULU-NATAL TOGETHER<br>
slide38. www.dsd.gov.za BUILDING A CARING SOCIETY. TOGETHER. 1. MECHANISMS, STRUCTURES AND RESOURCES<br>
slide39. www.dsd.gov.za BUILDING A CARING SOCIETY. TOGETHER. 1. MECHANISMS, STRUCTURES AND RESOURCES<br>
slide40. www.dsd.gov.za BUILDING A CARING SOCIETY. TOGETHER. 1. MECHANISMS, STRUCTURES AND RESOURCES<br>
slide41. www.dsd.gov.za BUILDING A CARING SOCIETY. TOGETHER. 1. MECHANISMS, STRUCTURES AND RESOURCES<br>
slide42. 2. MANAGEMENT OF FOSTER CARE ORDERS IN LINE WITH NGHCO’S INTERIM REGIME<br>
slide43. 3. CHALLENGES AND INTERVENTIONS<br>
slide44. DEPARTMENT OF SOCIAL DEVELOPMENT 44 LIMPOPO PROVINCE<br>
slide45. 1. MECHANISMS, STRUCTURES AND RESOURCES 45<br>
slide46. 1. MECHANISMS, STRUCTURES AND RESOURCES 46<br>
slide47. 2. MANAGEMENT OF FOSTER CARE ORDERS IN LINE WITH NGHCO’S INTERIM REGIME 47<br>
slide48. 3. CHALLENGES AND INTERVENTIONS 48<br>
slide49. MPUMALANGA PROVINCE www.dsd.gov.za BUILDING A CARING SOCIETY. TOGETHER.<br>
slide50. www.dsd.gov.za BUILDING A CARING SOCIETY. TOGETHER. 1. MECHANISMS, STRUCTURES AND RESOURCES<br>
slide51. www.dsd.gov.za BUILDING A CARING SOCIETY. TOGETHER. 1. MECHANISMS, STRUCTURES AND RESOURCES<br>
slide52. 2. MANAGEMENT OF FOSTER CARE ORDERS IN LINE WITH NGHCO’S INTERIM REGIME<br>
slide53. 3. CHALLENGES AND INTERVENTIONS<br>
slide54. NORTH WEST PROVINCE<br>
slide55. 1: HUMAN RESOURCES<br>
slide56. 1: CAPITAL RESOURCES<br>
slide57. 1: MECHANISMS AND STRUCTURES<br>
slide58. 2. MANAGEMENT OF FOSTER CARE ORDERS IN LINE WITH NGHCO’S INTERIM REGIME<br>
slide59. 3. CHALLENGES AND INTERVENTIONS<br>
slide60. NORTHERN CAPE PROVINCE www.dsd.gov.za BUILDING A CARING SOCIETY. TOGETHER.<br>
slide61. www.dsd.gov.za BUILDING A CARING SOCIETY. TOGETHER. 1. MECHANISMS, STRUCTURES AND RESOURCES<br>
slide62. www.dsd.gov.za BUILDING A CARING SOCIETY. TOGETHER. 1. MECHANISMS, STRUCTURES AND RESOURCES<br>
slide63. www.dsd.gov.za BUILDING A CARING SOCIETY. TOGETHER. 1. MECHANISMS, STRUCTURES AND RESOURCES<br>
slide64. 2. MANAGEMENT OF FOSTER CARE ORDERS IN LINE WITH NGHCO’S INTERIM REGIME<br>
slide65. 3. CHALLENGES AND INTERVENTIONS<br>
slide66. WESTERN CAPE PROVINCE only the signed pdf document is a true and valid report from the Western Cape<br>
slide67. 1. MECHANISMS, STRUCTURES AND RESOURCES 67 Only the signed pdf document is a true and valid report from the Western Cape<br>
slide68. 1. MECHANISMS, STRUCTURES AND RESOURCES, continues… 68 Only the signed pdf document is a true and valid report from the Western Cape<br>
slide69. 1. MECHANISMS, STRUCTURES AND RESOURCES, continues… 69 Only the signed pdf document is a true and valid report from the Western Cape<br>
slide70. Only the signed pdf document is a true and valid report from the Western Cape 70 2. FOSTER CARE DEVIATIONS AND PROJECTIONS<br>
slide71. 3. CHALLENGES AND STRATEGIES 71 Only the signed pdf document is a true and valid report from the Western Cape<br>
slide72. 7. RECOMMENDATIONS It is recommended that Portfolio Committee note and consider the Foster Care Report with more emphasis:

that the North Gauteng High Court Order has been extended for a period of 12 months;

that the NCOP has voted in favor of the Bill and is currently finalizing the D List; and
The progress made regarding the management of the foster care orders. 72<br>