ANNEXURE M ACCREDITATION POLICY FOR SERVICE PROVIDERS RENDERING ADOPTION SERVICES IN SOUTH AFRICA

Transcription

1 ANNEXURE M ACCREDITATION POLICY FOR SERVICE PROVIDERS RENDERING ADOPTION SERVICES IN SOUTH AFRICA 1. INTRODUCTION Accreditation of service providers rendering adoption services is one of the crucial elements in the field of child care and protection. Adoption services require special skills and therefore only certain persons are allowed to provide national and intercountry adoption services. Section 250 of the Children s Act, 2005 (Act No. 38 of 2005 as amended), (hereinafter referred to as the Children s Act ) provides that no person may provide national adoption services except an accredited child protection organisation and adoption social worker in private practice. In terms of section 251, the Director-General of Social Development may prescribe the process to accredit a social worker in private practice as an adoption social worker and a child protection organization to provide adoption services. In terms of Section 259 of the Children s Act, the Central Authority may accredit a child protection organisation to provide inter-country adoption services. 2. PURPOSE OF ACCREDITATION The purpose of accreditation of the adoption service providers is to ensure that the adoption services are performed in accordance with South African children legislation and the Hague Convention on the Protection of Children and Cooperation in respect of Intercountry Adoption of 23 May 1993, (hereinafter referred to as The Hague Convention and are based on the best interests of the child. 3. THE NEED FOR ACCREDITATION The Department of Social Development (DSD) is committed to provide adoption services that are guarantee and respect the rights of the child as enshrined in the constitution of South Africa and international instruments. To achieve this, the Department has to accredit child protection organisations and adoption social workers in private practice who meet the accreditation requirements to facilitate national and intercountry adoptions. 1

2 4. OBJECTIVES OF ACCREDITATION The objectives of accreditation of adoption social workers and child protection organizations are to: ensure the credibility of adoption social workers in private practice and child protection organisations rendering adoption services; safeguard and protect children placed in adoption; prevent improper financial gain in connection with adoption; prevent illegal and improper practices in adoption; ensure that the adoption social workers in private practice and child protection organisations meet the accreditation criteria for rendering adoption services; ensure that there is monitoring of adoption services rendered by child protection; organisations and adoption social workers in private practice, and ensure compliance to the ethical standards, quality service, principles and requirements of the Children s Act and the Hague Convention on Inter-country Adoption. 5. BACKGROUND Adoption is a specialized area in the field of child care and protection and it is regulated by the Child Care Act, 1983 (Act No. 74 of 1983), Children s Act, 2005 (Act No. 38 of 2005 as amended) and Social Service Professions Act 1978 (Act No. 110 of 1978). The Social Service Professions Act requires that adoption service providers be registered with the South African Council for Social Service Professions (SACSSP) as speciality in adoption work. South African Association for Social Workers in Private Practice (SAASWIPP) has been mandated by the Council to accredit adoption social workers in private practice. Currently there are a number of adoption social workers in private practice and child protection organisations rendering adoption services throughout the country. There are few child protection organisations and accredited adoption social workers in private practice recognized by the department to facilitate inter-country adoptions. These 2

3 service providers have working agreements in place with accredited adoption organisations in foreign countries. The Children s Act does not make provision for adoption social workers in private practice to provide inter-country adoption services. 6. LEGAL FRAMEWORK The following endorses the ethical principles as given in the International and National Legislation: International Legislation United Nations Convention on the Rights of the Child Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption. African Charter of the Rights of the Child. Hague Convention on Civil Aspects of International Child Abduction. United Nations Protocol to Prevent Trafficking in Persons National Legislation The Constitution of the Republic of South Africa Act, 1996 (Act NO. 108 of 1996) Children s Act, 2005 (Act No. 38 of 2005), as amended The Regulations promulgated in terms of the Children s Act, 2005 Domestic Violence Act, 1993 (Act No. 133 of 1993) Criminal Procedure Act, 1951 (Act No. 77 of 1951) as amended Social Service Professions Act, 1978 (Act No. 110 of 1978) Birth and Death Registration Act, 1997 (Act No. 67 of 1997) 7. PERSONS TO BE ACCREDITED TO PROVIDE ADOPTION SERVICES The following persons are to be accredited to provide adoption services: 3

4 National Adoption Adoption social workers in private practice Child protection organisations Intercoutry Adoption Child protection organisations 8. ROLES AND RESPONSIBILITIES OF ADOPTION SERVICE PROVIDERS FOR NATIONAL AND INTERCOUNTRY ADOPTION The roles and responsibilities of adoption service providers for national and inter-country adoption are as follows: determine the adoptability of a child and or suitability of prospective adoptive parents facilitate adoption process provide the necessary information and counselling to biological parent before consenting to the adoption of a child conduct a background study on a child and or a home study on prospective adoptive parent(s), compile reports and make recommendations to Children s Court ensure that all adoptions are in the best interest of the child monitor placement of a child with adoptive parents after finalisation of an adoption recruit prospective adoptive parents nationally ensure proper matching and placement of a child both nationally and internationally register adoptable children and prospective adoptive parents on RACAP and ensure that the subsidiary principle is adhered to, before placing the children internationally network with other adoption service providers and relevant stakeholders establish working agreements with accredited organisations in foreign countries negotiate with the contracting country and make all the necessary arrangements for the adoption e.g. arrange for a court date once the prospective adoptive parent/s are in the Republic of South Africa guide the prospective adoptive parents through the Court process and ensure that the correct documents are obtained and finalised support prospective adoptive parents once in the Republic of South Africa and closely monitor bonding of the child with the new parents before and after adoption 4

5 monitor the progress of the child once in a foreign country by ensuring that feedback reports are received as stipulated in the working agreements. ensure continuous development and training of staff inform the DSD in writing in case of inevitable termination of services and a plan regarding pending cases ensure that after-care services are rendered to adoptive families nationally and internationally 9. ROLES AND RESPONSIBILITIES OF THE DEPARTMENT OF SOCIAL DEVELOPMENT (DSD) The following are the roles and responsibilities of DSD: regulate and monitor national and inter-country adoptions (National) accredit and review adoption service providers periodically (National) monitor all adoption activities of service providers (National & Provincial) regulate the non-profit objectives of service providers (National & Provincial) prevent improper financial gain by verifying that only costs and expenses including reasonable professional fees are paid (National & Provincial) develop norms and standards, practice guidelines and policies (National) training of adoption social workers in private practice, child protection organisations and Children s Court Presiding Officers on adoption procedures and policies (National & Provincial) establish an accreditation panel of not more than ten (10) people at national level to consider all applications for accreditation to appoint and maintain an accreditation panel of 5 members from the following Directorates: Adoptions & ISS; Child Protection; Policy, Legislation, Monitoring & Evaluation; and Social Service Provider Management & Support (National) ensure that the panel meets once in a quarter or when necessary (National) develop guidelines of the fee structure (National) monitor adherence to the fee structure per guidelines (Provincial and National) develop an evaluation tool for accreditation (National) design acknowledgement and feedback letter and accreditation certificates to be issued 5

6 ensure that CPO s comply with all the requirements for national adoption before considered for accreditation for inter-country adoption provide assistance, guidance and support to CPO s experiencing problems 10. CRITERIA FOR ACCREDITATION OF SERVICE PROVIDERS TO PROVIDE NATIONAL AND INTERCOUNTRY ADOPTIONS SERVICES A child protection organisation seeking accreditation to provide national and Intercountry adoption services must: be designated as a child protection organization in terms of Section 107 of the Regulations of the Children s Act pursue only non-profit making objectives and have sound financial standing to enable them to render adoption services; have a clearly-delineated organisational structure and resources to make adoption arrangements, a written policy and working procedures regulating the adoption work of the organisation; have experience in providing child care and protection services; be staffed by social workers experienced and registered in accordance with the South African Social Service Professions Act, to undertake adoption services; have a board set up by the management of the agency to monitor adoption work of the organization; have a good track record in providing adoption services or other child care and protection services; not have any member of the board, management or staff with criminal record/s or conviction for offences against children (check Child Protection Register and Sexual Offences Register); adhere to all the requirements of the child care legislation in making adoption arrangements; have a mechanism in place to handle complaints arising from adoption service provided; submit latest audited financial statements and progress report annually to the DSD National; 6

7 not have any member of the board, management and staff with criminal record or conviction for financial offences (Police clearance); declare any known pending criminal cases and convictions against any member attached to the organisation; submit one application for accreditation including all branches of the organisation rendering adoption services; and meet any other requirements deemed necessary by DSD. In case of emerging organizations that have not rendered adoption services before, the accreditation panel will use its discretion to evaluate and make recommendation; Adoption social workers in private practice seeking accreditation to provide national adoption services must: pursue only non profit making objectives, charge fees for professional services rendered only and have sound financial standing to enable them to render adoption services; be registered with the South African Council for Social Service Profession as adoption specialists; work within a team/unit of at least two adoption social workers approved by DSD; appoint a consultant whose particulars must be sent to DSD for approval; have resources to make adoption arrangements, a written policy and working procedures regulating the work of the team; have at least three (3) years experience in adoption work; link/attach to SAASWIPP and must hand over their pending and finalized cases to SAASWIPP on termination of adoption services or when they cease to operate; have good track record in providing adoption services (references for newly registered social workers from previous employer which must be co-signed by former management); applicant and staff/team members should not have any criminal record for offences against children (check Child Protection Register and Sex Offences Register); not have any criminal record of conviction on financial offences (police clearance); applicants must declare that they do not have criminal cases pending or convictions against them; 7

8 adhere to all the requirements of the children s legislation in making adoption arrangements; have a mechanism in place to handle complaints arising from adoption service provided; must submit the latest audited financial statements and progress reports the DSD National meet any other requirements deemed necessary by the DSD Social workers working towards accreditation may only undertake adoption work under the supervision of an accredited social worker or adoption social worker approved by DSD 11. ACCREDITATION DURATION All service providers who meet the requirements for accreditation shall be granted full accreditation for three (3 )years. Service providers (who meet minimum requirements but not all requirements shall be granted conditional accreditation for one (1) year Those who do not meet minimum requirements, their application shall be declined Emerging child protection organisations (CPO s) will be granted accreditation for one (1) year and should be on internship under well established CPO s for a period of accreditation. Internship is subject to extension if DSD has reason to believe that an emerging organisation still requires supervision Well established CPO s should mentor a maximum of two emerging CPO s at a time and ensure that proper adoption procedures are followed. Both mentoring and emerging CPO s must submit progress report the DSD quarterly. National DSD to determine the number of emerging CPO s to accredit at a given period, both nationally and provincially. 12. APPLICATION FOR RENEWAL OF ACCREDITATION Application for renewal of accreditation must be made to the Department of Social Development National, three (3) months prior to the expiry of the accreditation or within such time the department may permit in writing. The renewal of the accreditation will 8

9 follow the same procedure as the new application. If the application for renewal is approved, the renewed accreditation certificate shall be effective from the day upon which the original accreditation expires. Application for renewal, shall be granted accreditation for three (3) years 13. APPLICATION AND APPROVAL PROCESS Application for accreditation must be made to the Department of Social Development National in writing by completing a form (Attached as Annexure A ). The application must be submitted in a signed and dated original form, accompanied by certified copies as stipulated on page 12 and 13 of the document below as application checklist. The accreditation panel will assess all applications based on set criteria Accreditation process may include the following activities: PHASE 1 Initial assessment Acknowledgement of applications received Verification of documents received Open files and arrange applications according to organisation Register all applications Follow up on outstanding documents with a return date On-site visits (when necessary) Pre-evaluation of applications in preparation for the panel PHASE 2 Presentation to the panel Discussion and evaluation by the panel Panel recommendation Written submission for the Director-General approval and signing of accreditation certificates 9

10 PHASE 3 Outcome and feedback to applications Accreditation certificate issued Monitoring and evaluation of accredited service providers PHASE 4 Application for renewal of accreditation 14. APPEAL PROCESS A service provider who wants to lodge an appeal against an unsuccessful application for accreditation should lodge an appeal in writing to the Minister of Department of Social Development within thirty (21) days of receipt of the outcome from DSD. The Minister will consider and provide the service provider with the outcome of the appeal within ninety (90) days from the day of receipt of the appeal. 15. TERMINATION/SUSPENSION/CANCELLATION OF ACCREDITATION The DSD may suspend, cancel or terminate an accreditation of a service provider if it is satisfied that the service provider has failed or ceased to meet any of the requirements, conditions or restrictions subject to which accreditation was granted. The DSD may not suspend, cancel or terminate the accreditation of a service provider unless it has a) notified the service provider in writing and state reasons for such decision by giving a description of the alleged breach of any of the requirements, conditions or restrictions subject to under which accreditation was granted b) afforded the service provider the opportunity to: i) respond to the allegations in writing; and ii) remedy the alleged breach within a reasonable time where possible. The DSD may suspend accreditation with immediate effect for a period not exceeding ninety (90) days, pending implementation of the procedures required above,if the continued accreditation of the service provider is reasonably likely to result in irreparable harm to 10

11 clients or any person involved in an adoption transaction. The service provider whose services have been accredited in terms of the Children s Act may terminate such accreditation at any time, subject to such conditions as may be agreed to between the service provider and DSD at the time of accreditation or thereafter. 16. POSSIBLE RESULTS OR OUTCOMES OF AN ACCREDITATION APPLICATION Accreditation may be refused and reasons will be provided in writing; Temporary accreditation may be approved for 1 year subject to certain conditions; or Full accreditation may be approved for 3 years. 17. APPLICATION CHECK LIST A. Child Protection Organisations NPO certificate Audited financial statement Written policy and working procedures Declaration of any known pending case against members of the organization Clearance from DSD in terms of CPR and SOR from DJCD Clearance from DSD in terms of the Child Protection Register and Sex Offences Register from the Department of Justice and Constitutional Development Clearance from police regarding financial offences and schedule 3 offences Business plan covering the following: Adoption programme (national and intercountry where applicable) Number of adoptions dealt with during the previous year Total staff complement Number of registered social workers Number of social workers registered for practicing as specialty in adoption work Funding for adoption services 11

12 Recruitment plan for the 12 months following the date of application B. Adoption social workers in private practice Proof of registration with SACSSP Audited financial statement Adoption team attached to Written policy and working procedures Certified copy of ID Certified proof of qualifications Proof of experience i.e. references Clearance from DSD in terms of the Child Protection Register and Sex Offences Register from the Department of Justice and Constitutional Development Clearance from police regarding financial offences and schedule offences Declaration of any pending criminal cases against the applicant 12