SUBMISSION TO THE PARLIAMENTARY PORTFOLIO COMMITTEE:

Children’s Second Amendment Bill: B 14---2015

Rene Ferreira, on behalf of NACSA

MISSION IMPOSSIBLE?• Since the advent of the Children’s Act in 2005, adopting a child in South

Africa has become a bit like a Mission impossible adventure set in the Big Brother house: it is the ultimate 'against the odds' undertaking but also characterised by invasive scrutiny, and weeks and months that pass where absolutely nothing happens.

• Thanks to the perseverance of adoptive parents — which could put even Tom Cruise to shame — these quests mostly have a happy ending. But the excessively challenging, mind-numbingly bureaucratic, and often adversarial adoption process is the chief basis for the halving of adoption figures in the last 10 years from 2,840 in 2004 to 1,448 in 2014. This is a dismal figure in a country with approximately 3.5-million orphans, many in need of adoption. So why was a recent headline in the press 'Adoptions to be cheaper, easier' received with such little fanfare and even dismay by the adoption community? 

By ROBYN WOLFSON, Daily Maverick – 07/09/2015

Introduction and Background of the National Adoption Coalition of South Africa (hereafter referred to as NACSA)

Established in 2011

Representing 64% of the adoption community

(Designated CPO’s, accredited adoption social workers, adoptive parents and other stakeholders)

Main focus:

Promoting awareness and understanding of adoption

Building partnership and share ethical practise through training and capacity building

Lobbying on behalf of adoption community

Developing a code of conduct, sharing and promoting best practise guidelines

Adoptions are acknowledged as an area of speciality

• Practise guidelines - DSD

• Social Services Professions Act – Speciality since 1992

Registered with the SACSSP & at least 3 years adoption experience

• Children’s Act 38 of 2005: Section 251 prescribe accreditation

National Norms and Standards of Regulations: Training, support & supervision

• National Adoption Strategy – Complex nature of adoption require experience of adoption triad and societal attitudes towards adoption

• Accreditation Guidelines for Adoption Service Providers: Competent and experienced

• Hague Convention - Professional Competence & extensive experience

SO HOW CAN WE DISAGREE?

Adoption: An ethical minefield of complexities - altering the destiny and future life of all parties involved

Complex ethical issues:

• Rights terminated• Fees prescribed• Role of Culture• Time frameRepresent the rights of all three parties, focusing on the best interest of child

Judgement, Loss, life long Implications, guilt,

Role of culture

Loss of birth family, Change in status,

language, identity?

Loss, fear of rejection, suitability vs eligibility

The Challenge: Different Categories and Structures• Child Protection Services • DSD Adoption Accreditation Criteria • Organisation Structure & Auditing• Resources and Training• Monitored by DSD• Prescribed Fees (Reg 107)• Policies and Procedures• Limited Funding - Audited

DSD

AccreditedCPO’s

Adoption Social

Workers

• DSD Accredited• Speciality Registration, adoption unit• Not monitored and audited by DSD• Act omit to regulate fees – Reg 107/Sec 249• Not able to render Statutory services

•Child Protection Services•Organisation Structure•Full subsidy – Fees?• Independent accreditation?• Referee and player?•Resources?• Generic Case loads?•Passion and experience?

The Current State of Adoptions in SADecline in the number of Adoptions registered:•50% decline since 2004•Increase: Abandonment & pregnancy•Accessibility of services: Rural areas•Specialty and Fees

Grey Areas:Adoption FeesMonitoring of service providers: Different CategoriesAccreditationPolicy and guidelines

Poor inter -sectorial collaboration:Justice, Home Affairs, HealthLack of trained adoption social workers:Exposed, limited resources, supervision and capacity building?

Delays: From 30Sec 239Adoption Registration

ADOPTION

Conclusion

• The hope of Government in the planned amendment to the Children's Act is to simplify the complicated and lengthy adoption process in South Africa. But the part of the process it is trying to fix is not broken, and there is no evidence that this amendment will fix those parts of the process that are. No one disagrees that more social workers are needed for adoptions, but .............

IT IS CLEAR THAT WE CANNOT AFFORD TO FURTHER COMPROMIZE ON

THE STANDARD OF ADOPTION IN SA

NACSA aims to be part of the solution for adoption in SA, and therefor is in

full support of the Amendment to the definition of adoption social worker

to ensure accessibility of adoption services, but is not of the opinion that a new

category of service providers without the necessary accreditation (section 251),

expertise and monitoring is the only solution

Recommendation:

In light of intensive consulting with various adoption stakeholders,

the following recommendations are respectfully made:

• An addition to the definition of “adoption social worker” as proposed

• Additional amendment of Section 251 to address independent accreditation of specific adoption units within DSD

• In support of this principal, and within the context of existing structures providing some safe guard within DSD and Organisations, it can be reasoned that these two categories of adoption service providers should not be required to meet the very stringent requirement for speciality as set by the Social Services Professions Act

• Rather these two categories should be required to meet the same conditions and criteria as set by the existing guidelines of the accreditation of service providers

THANK YOU