Module 7

On successful completion of this section you will be able to: 

• Analyse child, family and community needs and plan an effective service to meet specific needs within a transformative framework; 
• Manage the service effectively with limited external assistance or supervision; 
• Set up and maintain efficient administrative systems appropriate to the needs of the service.

INTRODUCTION

Young children have rights and in South Africa, they are well protected by the Constitution and laws. However, many children do not enjoy these rights. It is our responsibility as practitioners and caregivers to know what these rights are and to make sure young children are properly cared for.


We want children to enjoy life and to live in a safe and healthy environment. We know there are many problems that stop children living in this way. Some of these problems are poverty, HIV and AIDS, and other illnesses. Some children are treated unfairly because of a disability or because they are girls.


When children are well looked after when they are very young, many problems can be avoided in later life. If they receive proper care, including healthy food and stimulation, they will grow up stronger, healthier and better able to deal with school and adulthood.


Young children in South Africa live in many different kinds of families, for example families with two parents, families with one parent, with grandparents, with extended family, with their brothers and sisters (child-headed households), in foster care or in institutions. In this document, we talk about a family as any group of people who live together and care for one another. Most young children in South Africa do not attend crèches or pre-schools before they start primary school. Many children stay at home with an adult, an older brother or sister or sometimes alone.


In this module we will discuss how to manage your ECD service to achieve the best results, taking into account all the factors that are necessary to give our children a strong and healthy path to adulthood.

THE IMPORTANCE OF PROVIDING QUALITY ECD SERVICES

It is vital that we understand the importance of providing a quality ECD Service, one that will bring value to the children, families and practitioners.

Early childhood development services provide education and care to children in the temporary absence of their parents or adult caregivers. These services should be holistic and demonstrate the appreciation of the importance of considering the child’s health, nutrition, education, psychosocial and other needs within the context of the family and the community.

ECD services have a responsibility to educate children about their rights and responsibilities as part of their developmental programmes. Children have the right to be listened to, respected, protected, educated and cared for. Children also have responsibilities towards others. They have to listen to others, care for and respect their peers, siblings, parents and other members of the community. This will ensure that the child develops into a confident, well-balanced and secure person.

STANDARDS REQUIRED FOR AN ECD SERVICE:

When you register your Early Childhood Development centre, there are minimum standards of care that need to be adhered to.  Managing your centre means making sure that these minimum requirements are met and improved on.

WHY IMPROVE ON STANDARDS?

If minimum standards are kept and improved on, then parents and families will know that their children are being cared for in a safe place that helps them develop appropriate knowledge, skills and attitudes.

PART ONE:

REGISTERING YOUR OWN ECD SERVICE

IMPORTANT POINTS TO REMEMBER

Early Childhood Development Centres must be registered with the provincial Department of Social Development.

Early Childhood Development Centres that meet most of the minimum standards should receive conditional registration and be eligible for subsidies to enable them to reach at least the minimum standards.

It is important to remember the following when setting up an ECD Centre:

1. Must contact the office of the Department of Social Development nearest to the proposed centre.  
2. The local authority (municipality) must be consulted to obtain the right of use and the necessary health clearance certificate to run the centre in a particular place.  
3. The Minister will consider the registration or re-registration of a centre when a report and are commendation by the Department of Social Development have been received. A certificate from the local authority stating that the centre complies with all the structural and health requirements of the local authority must accompany the report of the Department of Social Development. 
4. An ECD centre is subject to quality assurance review or inspection by the Department of Social Development at least once a year.  
5. All applicants must also contact the local Departments of Education and Health in the area where the ECD centre is located, to find out if they have any other requirements.

THE REGISTRATION PROCESS

STEP 1

A person intending to establish an ECD centre has to contact the social worker or other official employed and authorised by the provincial Department of Social Development at the district office in their region to arrange for an interview.

The following will be discussed:

·      Registration requirements;

·      Child Care Act;

·      Registration procedures;

·      Minimum standards;

·      Application form;

·      Subsidy procedure;

·      Monitoring and evaluation.

STEP 2

The social worker or other official employed and authorised by the provincial Department of Social Development will provide the applicant with an application form and any other relevant documents to use as guidelines.

The following documents, attached to the application form, have to be completed by the applicant:

• Menu;
• Daily programme;
• Needs assessment form (giving details of the area local to the centre in terms of number of young children and how many other centres cater for them i.e. explain the need for this centre in this area).

The applicant also has to submit a copy of: 

• A lease agreement, proof of ownership or permission to occupy the land; 
• Job descriptions for centre staff, including grievance and disciplinary procedures.

REMEMBER:

Incomplete forms will not be accepted. All documents required are to be submitted with the application form to enable the evaluation process for registration to begin.

STEP 3

When the properly completed application form and all relevant documents listed in Step 2 have been received, the social worker or other official employed and authorised by the provincial Department of Social Development does the following:

• Visits the premises; 
• Informs the environmental health officer by letter; 
• Informs other relevant stakeholders by letter, for example Department of Education, that an application for registration has been received.

STEP 4

When the health clearance certificate and / or other reports have been received, the social worker or other official employed and authorised by the provincial Department of Social Development does the following:

·     Completes the checklist of all requirements detailed in Steps 2 and 3 and if these have been met, issues a provisional registration certificate (valid for one year). During this time, a subsidy may be granted to the centre to enable them to meet the minimum standards.

The following conditions need to be met:

• Administrative and financial management systems have to be satisfactory; 
• Services provided to the children in terms of physical, emotional, intellectual and social care have to be satisfactory; 
• The physical condition of the centre has to be satisfactory; 
• The general functioning of the centre has to be satisfactory.

If not satisfactory, the social worker or other official employed and authorised by the provincial Department of Social Development will continue to consult, advise, empower, build capacity and review the facility.

STEP 5

The social worker or other official employed and authorised by the provincial Department of Social Development will monitor the centre for one year and do an assessment of the services offered by the centre, including:

·    The general care of the children;

·    Administrative Systems;

·    Financial Systems.

If satisfactory, a full registration certificate will be issued (valid for two years) and a subsidy may be paid.

If not satisfactory, the provisional certificate will be extended for a further six months during which a subsidy may be paid.

If the centre does not meet the minimum standards after this six-month period, it will be shut down.

STEP 6

The centre must be monitored by the social worker or other official employed and authorised by the provincial Department of Social Development for two years.

A developmental quality assurance assessment must be done and the registration certificate will be renewed or withdrawn.

RE-REGISTERING AN ECD SERVICE

A centre has to re-register when an applicant intends to:

• Move the centre to another building or premises; 
• Extend or decrease the size of the existing structure; 
• Increase the number of children enrolled; 
• Sell the business; or
• Change ownership 
• Where minimum standards are not met, the centre can be provisionally registered and a subsidy may be paid to enable them to meet the minimum standards within a specific period. If these conditions are not met, this may result in closure of the facility and/or service. 

The procedure for re-registration is the same as for registration.

NOTE: An ECD centre is subject to quality assurance review or inspection by the Department of Social Development at least once a year.

 

PART TWO

MINIMUM STANDARD FOR EARLY CHILDHOOD DEVELOPMENT SERVICES

Above we discussed that in order to register an ECD Service, there are minimum requirements that need to be adhered to. 

If you are going to adhere to the minimum standards and improve on them, we need to know what they are.

MINIMUM STANDARD FOR PREMISES AND EQUIPMENT

SECTION OF THE BUSINESS	MINIMUM REQUIREMENT
PREMISES AND EQUIPMENT	The buildings must be clean and safe for young children.
	The inside and outside play areas must be clean and safe for young children.
	Equipment must be clean and safe for young children.

Let us look at these requirements in detail:

The buildings must be clean and safe for young children.

Children must be protected  from physical, social and emotional harm or threat of harm from themselves or others. All reasonable precautions should be taken to protect children and practitioners from the risk of fire, accidents and or other hazards.

The inside and outside play areas must be clean and safe for young children. 

Each child must have enough space to move about freely, meaning there must be 1,5 m2 of indoor play space per child and 2m2 of outdoor play space per child.

Equipment must be clean and safe for young children.

There must be enough equipment and resources that are developmentally appropriate for the number of children in the centre.

The premises and equipment must be safe for young children, clean and well maintained. Children must have enough space to move around freely and explore the environment in safety. The premises should be bright and welcoming to children. Premises should be accessible to children with disabilities.

• The structure must be safe, weatherproof and well ventilated. 
• The floor should be covered with material that is suitable for children to play and sit on. 
• Walls and floors should be easy to clean. 
• There must be windows that give adequate light and, if possible, allow the children to see the outside world. 
• If the same room space is used as a playroom, office and kitchen, each area must be clearly marked.The separate areas will consist of an area for play activities, an area for taking care of sick children, and an area for food preparation. Fresh drinking water must be available for the children.Where more than 50 children are enrolled for a full day, a separate office must be provided which should house the following;

• The office should be large enough to accommodate a sickbay for at least two children. 
• Where more than 50 children are enrolled for a full day, provision must be made for a separate area where staff are able to rest and lock up their personal possessions. 
• Where food is prepared on the premises, there must be an area for preparation, cooking and washing up.When the kitchen is in the same area as the playroom, it must be cornered off and safety requirements must be complied with. Children must be protected from the dangers of hot liquids and food and from fire and other cooking fuels such as paraffin.

• The kitchen area or separate kitchen must also:

• Be safe and clean; 
• Have adequate washing up facilities and clean, drinkable water; 
• Have hand washing facilities for staff ;
• Have adequate storage space;
• Have adequate lighting and ventilation;
• Have cooling facilities for the storage of perishable food; 
• Have an adequate number of waste bins with tightly fitting lids; 
• Have an adequate supply of water and cleaning agents for the cleaning of equipment and eating utensils. Cleaning agents must be kept in their original containers and out of the reach of children. 
• Where children who are bottle-fed are cared for, suitable facilities must be provided for cleaning the bottles. Bottles must be kept clean and washed regularly. 
• Toilet facilities that are safe for children must be available.

• In areas where there are no sewerage facilities, sufficient covered chambers (potties) must be available. 

• Where potties are used, the waste must be disposed of hygienically in a toilet. 

• Potties must be disinfected after each use. 
• Potties and nappies must not be cleaned near the food preparation and eating area. 
• Toilet facilities must always be clean and safe. 
• There must be somewhere for children to wash their hands. 
• There must be one potty for every five toddlers. 
• For older children (ages three to six years) one toilet and one hand washing facility must be provided for every 20 children, irrespective of gender. 
• Doors on the children’s toilet facilities should not have locks. 
• Facilities for the washing of children must be provided. 
• Separate adult toilet and hand washing facilities must be provided for the staff in terms of the National Building Regulations. 
• Provision must be made for the safe storage of anything that could harm children. 
• Medicines, cleaning materials, cooking fluids (paraffin), sharp knives and kitchen utensils must be stored out of reach of children. Medicines and cleaning materials must be kept away from food.
• At least 2m2 safe outside playing space per child must be provided. 
• The outdoor area must be fenced with a gate that children cannot open. 
• Children should not be able to leave the premises alone. 
• Strangers should not be able to enter the premises without the knowledge of the staff . 
• Children need space to move and exercise to develop their gross motor skills. They need space to run freely and play with outdoor equipment.
• The outside area can consist of lawn, sand pits, shady areas and hard surfaces. 
• Outside play equipment must be provided. This must be safe and not have sharp edges or pieces. 
• No poisonous or harmful plants may be grown on the premises.
• All furniture and equipment must be safe and in good repair.This means that, for example: 
• Seating and working surfaces must be available.
• Beds, mattresses or mats for sleeping and resting on must be safe and clean. 
• Waterproof sheets and blankets must be available. 
• There must be enough age appropriate indoor as well as outdoor play equipment and toys, books and print material and other materials.There must be adequate storage space for indoor and outdoor equipment.
• Play apparatus must be safe so that children cannot be injured. 
• Sufficient safe, clean and appropriate eating utensils must be provided. 
• If there is a sand pit, it should be covered overnight so that animals cannot dirty it. It must be cleaned regularly by sprinkling it with coarse salt every six weeks or by wetting the sand with a bleach solution. Sand pit sand must be replaced at least once a year. 
• If there is a swimming pool on the premises, the requirements of the local authority must be met. The swimming pool must be covered by a net and have a surrounding fence of sufficient height and a lockable gate. 
• Alterations and additions, as well as new buildings, must comply with the National Building Safety Regulations. 
• If pets are kept on the premises, they must be tame, clean, safe, healthy and well cared for. 
• Insects and vermin must be effectively combated.

MINIMUM STANDARD FOR HEALTH, SAFETY AND NUTRITION

SECTION OF BUSINESS	MINIMUM REQUIREMENT
HEALTH, SAFETY AND NUTRITION	Children must be provided with at least one meal a day by either parents or the centre.
	Children must be cared for in a responsible way when ill.
	The parent or responsible family member of a child with a disability must receive information on the services and treatment the child can access locally.
	The medical history of each child should be recorded and kept up to date and confidential.

THE MEDICAL INFORMATION REQUIREMENTS:

Each child will require a medical history file which should be kept confidential at all times.

The following should be included on a Medical History Form:

• Information about the child’s general state of health; 
• A copy of the Road to Health card for each child; 
• Any communicable illnesses that the child has had and the dates when he/she had these illnesses;
• Details of the child’s immunisation against polio, diphtheria, tetanus, whooping cough, measles, Hepatitis B, Tuberculosis and HIB (Haemophilus Influenzae Type B);
• Allergies, including food allergies, and any other diseases such as diabetes and epilepsy that the practitioners should know about; 
• The name and contact details of the child’s family health practitioner (doctor, clinic, traditional healer). 
• A record of each child’s immunisation programme and Vitamin A schedule must be kept at the centre (i.e. a copy of the Road to Health Card). 
• There should be policies and procedures written down that cover health care at the centre. These policies should cover cleanliness, hygiene and safety standards of the centre. 
• There must be action plans to deal with emergencies. 
• All staff, children and families and the surrounding community must know what the plan is and what action will be taken in an emergency.

WHAT ARE THE RESPONSIBILITIES OF THE STAFF MEMBER?

• Staff must be trained in first aid. 
• Staff should be able to recognise children’s illnesses and how to deal with these. 
• Staff should watch out for possible illnesses and diseases in the children. Any illness or problem should be reported to the parent or family immediately. Staff must allow an ill child to rest away from the other children and inform the parent or family. 
• In urgent cases, the child should be taken to the nearest clinic or hospital for referral or treatment. 
• Staff must work closely with parents or families of children who are receiving chronic medication to help them see that the particular health needs are taken care of, for example children who are asthmatic, or children who are HIV positive and who are receiving anti-retroviral treatment.
• Staff should be trained to recognise early signs of child abuse and how to protect children.

If the child shows repeated bruising or injuries, abuse or neglect or suspected malnutrition, this must be observed, recorded and reported to the social worker of the regional or branch office of the Department of Social Development or any other welfare organisation as well as the Child Protection Unit. The matter must be recorded at the centre.

• Accident, medicine and abuse registers must be kept up to date. Any accident, injury, bites, knocks to head or incident where treatment is applied while the child is at the centre must be recorded on the day it happened. The supervisor of the centre and the family of the child or children must be informed.
• A proper record of any medicine that is given to a child must be kept. No medicine should be given to a child without permission of a parent or responsible family member.Any concerns about possible abuse of children should be recorded.
• A record must be kept of any wounds and bruises on the child if these were not obtained at the centre. 
• Staff should be aware of special medical and health needs of children at the centre and their responsibility in terms of the law. 
• The names of children who are allergic to certain substances or products should be placed in prominent places in the place of care and all staff informed. 
• The Medical Officer of Health (Communicable Disease Control Officer) must be notified in cases of communicable diseases or diseases that must be reported. The provisions of the Health Act, 1977, regarding the barring of children from schools owing to contagious diseases are applicable to all places of care. 
• If head or body lice and/or scabies are observed, the parents or family have to be informed immediately and the child or children concerned may not be allowed back into the place of care before the condition has cleared up. 
• A first aid box must be provided. The first aid box must be stored where adults can easily reach it, but out of reach of the children. Contents of the first aid box must be checked regularly and replaced when necessary. Staff must receive regular training on how to use the contents of the first aid box and how to deal with accidents. 
•  Any medicine brought to the centre for children by the family must be clearly labelled and stored out of reach of the children.

CREATING A HEALTH ENVIRONMENT

There should be a healthy environment for the children and staff . The centre should be cleaned at least once a day; and toilets and potties must be cleaned after use and disinfected at least once a day as well as:

• There should be towels and enough soap available for children and staff . 
• Staff should wash their hands with soap and water after changing nappies, helping children in the toilet or dealing with any accidents. 
• Staff should wash their hands with soap and water before preparing or serving food. 
• Staff should be encouraged to take care of their own health and undergo regular health tests, particularly for tuberculosis. Regular training should be given to staff on childhood illnesses, other infections such as HIV and AIDS, Hepatitis B and notifiable diseases such as meningitis. 
• Staff and families should learn how illnesses can be spread and how to prevent this in the centre. 
• No child should be stigmatised or treated unfairly because of any illness or disability they may have.This is particularly important in the case of children who are affected and/or infected by HIV and AIDS, as there are misunderstandings in communities about this disease. 
• Children who are HIV positive are not a threat to other children or adults if high standards of hygiene are kept at all times. This is very important when staff deal with body fluids, especially blood.
• Children who are deaf should not be forced to learn a spoken language, but sign language should be encouraged.

NUTRITIONAL REQUIREMENTS

• All meals and snacks should meet the nutritional requirements of the children.
• The amount of food and drink provided for children must be adequate for their age. The dieticians of the Department of Health or medical institutions can be consulted for guidance in this respect. 
• Food served each day depends on the hours the centre is open: 

• If the centre is open for less than five hours, a snack must be provided. 
• If a centre is open for five hours or more but less than eight hours, two snacks and lunch must be provided. 
• If the centre is open for eight hours or longer each day, two snacks and two meals (breakfast and lunch) must be provided

• Meals can be provided by the centre or be provided by the parents. Planning of a menu, whether for babies, toddlers or older children, must be done in consultation with an expert (e.g. clinic sister, dietician), because children of different ages have different nutritional needs. Menus for all meals at ECD Centres should be available for inspection, as well as for the information of the parents, at all times.
• Children younger than one year should be fed when they are hungry i.e. on demand. 
• Babies who are bottle-fed should be held by an adult while feeding. 
• Milk formula must be made according to the manufacturer’s instructions.The Department of Social Development actively promotes cup feeding rather than bottle feeding.

Due to the fact that many parents still opt for bottle feeding it is important to include this standard to ensure the hygienic management of child feeding practices in ECD centres. 

• Children must be supervised by an adult when they are eating; 
• Staff should make sure meal times are relaxed; 
• Staff should be role models for healthy eating habits; 
• Children should be encouraged to try all the food available but they should never be forced to eat anything they do not want to eat. Children on special diets for health or disability reasons should be accommodated;
• Safe, clean drinking water must always be available. If water is not from a piped source, it can be made safe by adding one teaspoon of bleach to 25 litres of water and left to stand overnight. All water containers must be kept covered.

MINIMUM REQUIREMENTS FOR MANAGEMENT

SECTION OF BUSINESS	MINIMUM REQUIREMENT
MANAGEMENT	Administrative systems and procedures must be in place to ensure the efficient management of the facility and its activities.
	The privacy of families and children must be respected and protected. There must be admission policies that provide for the children who are affected or infected by HIV and AIDS.
	Policies and procedures regarding reportable incidents or actions must be provided.
	Administrative systems for managing the centre must be developed and maintained.
	Records and information on the children must be kept up to date. Families must be given information and policies relating to the centre.
	Centre information and policies must be given to families before the child is admitted.
	Records on each child must be kept up to date.
	A complete medical history of the child
	Registers must be kept up to date.
	The supervisor must keep a register of all children.
	A record of daily menus must be kept.
	A copy of the daily menus for the various age groups, giving all meals and refreshments, must be displayed in a prominent place. It should also be available to authorised persons.

Let us look at these minimum standards in more detail

• Administrative systems and procedures must be in place to ensure the efficient management of the facility and its activities. 
• The privacy of families and children must be respected and protected. There must be admission policies that provide for the children who are affected or infected by HIV and AIDS.
• Policies and procedures regarding reportable incidents or actions must be provided to families. Families must be given information and knowledge about child protection. 
• Administrative systems for managing the centre must be developed and maintained. Records and information on the children must be kept up to date. Families must be given information and policies relating to the centre. 
• Centre information and policies must be given to families before the child is admitted. Families should know what is expected of them and what policies guide the centre:  
• The days and hours of opening; 
• The age group catered for; 
• Rules in connection with times of arrival and departure; 
• Arrangements regarding the fetching and transport of the child; 
• Procedures to be followed when planning an excursion;
• Steps to be taken in case of an injury or accident or if a child is taken ill while at the centre; 
• Admission of ill children/contagious diseases; 
• The feeding of the children; 
• Clothing; 
• Monthly fees payable;
• Details and conditions for administering medicine to children; 
• Notice of termination of attendance at the centre; 
• Policies on admission of children with disabilities, chronic illnesses, HIV and AIDS infected and affected children; 
• Management structures within the centre; 
• Written complaints procedure.

• Records on each child must be kept up to date.In addition to correspondence regarding the child, the following forms must be kept on the child’s file:The child’s registration form. This form should include:
• A copy of the child’s birth certificate; 
• Surname, full name, gender and date of birth; 
• The child’s home language; 
• Home address and contact details of parents/family;
• Work address(es) and contact details of parents/family; 
• The income of parents/guardians (only in the case of subsidised places); 
• Name, address and contact details of another responsible person who can be contacted in an emergency; 
• Name, address and contact details of a person who has the parent or guardian’s permission to fetch the child from the centre on their behalf; 
• Name, address and contact details of the child’s family doctor or health care provider.
•  A complete medical history of the child. This can form part of the registration form. (refer to the Medical Information requirements in the Heath, Safety and Nutritition section above) 
• Written permission from the parent that the child may be taken on an excursion. The date of the excursion and the destination must be entered on this permission form. 
• Registers must be kept up to date. 
• The supervisor must keep a register of all children. The date of admission and the date on which a child left must be entered in this register. This register may be combined with the daily attendance register.

NOTE:There must be a daily attendance register where each child’s presence or absence is noted

• A record of daily menus must be kept.
• A copy of the daily menus for the various age groups, giving all meals and refreshments, must be displayed in a prominent place. It should also be available to authorised persons. 
• There must be regulations regarding the transport of childre.
• If transport is provided for the children to and from the place of care, the centre staff must make sure that parents or responsible family members are aware of the rules with regard to the transportation of children. The rules from the provincial traffic department include the following: 

• In addition to the driver, there should be at least one other adult in the vehicle with the children; 
• The vehicle has to be fitted with child locks; 
• The driver must remain in the driving seat of the vehicle and may not assist in handing over the children;
• No children may be transported in the front of the vehicle; 
• The driver of the vehicle should be in possession of a special licence to transport passengers; 
• A baby in a carrycot may not be pushed in under the seats; 
• The seating space for each child and the room for carrycots must comply with the prescribed requirements especially proper safety seating, including for children with disabilities.

MINIMUM REQUIREMENTS FOR ACTIVE LEARNING

SECTION OF BUSINESS	MINIMUM REQUIREMENT
ACTIVE LEARNING	Children must be provided with appropriate developmental opportunities and effective programmes to help them to develop their full potential.
	Children must be cared for in a constructive manner, which gives them support, security and ensures development of positive social behaviour.
	The culture, spirit, dignity, individuality, language and development of each child must be respected and nurtured.
	Practitioners and caregivers must be aware of all aspects of the child: intellectual, physical, emotional and social.
	Assisting a young child with their development path.
	Each day should be organised with many different and carefully planned activities.

Let us look at these minimum standards in detail:

Minimum Standards

• Children must be provided with appropriate developmental opportunities and effective programmes to help them to develop their full potential.
• Children must be cared for in a constructive manner, which gives them support, security and ensures development of positive social behaviour. 
• The culture, spirit, dignity, individuality, language and development of each child must be respected and nurtured. 
• Young children grow and develop very quickly and holistically. This means that practitioners and caregivers must be aware of all aspects of the child: intellectual, physical, emotional and social. 
• Most young children follow a developmental path but do so at different rates. Young children learn best when they are actively exploring their world and finding out more about it.
• Each day should be organised with many diff erent and carefully planned activities. Activities must take into account the ages and the developmental needs of the children. It is important to plan for the daily activities. Plans should show that practitioners know the needs and interests of all the children. There should be a range of activities to give children opportunities to choose. Plans should include some routines, for example being welcomed on arrival, toilet, rest and refreshment needs catered for, and departures noted.

Each day should include: 

• Physical activities for large and small muscle development; 
• Creative activities using different natural and other materials; 
• Talking and listening activities with other children and with adults;  
• Challenging and exciting activities to develop intellectual abilities; 
• Opportunities for imaginative play;
• Opportunities for rest and quiet play.

Activities should help children develop their full potential. 


Children learn best when they: 

• Play and discover things for themselves;
• Relax and have fun; 
• Are healthy and safe; 
• Are encouraged to be creative; 
• Talk and interact with others; 
• Share their feelings and worries.

Activities should help children to develop holistically i.e. emotionally, socially, physically and intellectually. 


Activities to help achieve this development should include: 

• Explore and learn about their world; 
• Communicate with others; 
• Develop their creativity; 
• Develop resilience i.e. coping skills; 
• Become more independent; 
• Respect themselves, others and the environment; 
• Have fun and enjoy themselves.

MINIMUM REQUIREMENTS FOR ACTIVE LEARNING

SECTION OF BUSINESS	MINIMUM REQUIREMENT
PRACTITIONERS	Practitioners should receive training;
	The practitioner must be healthy enough to be physically and mentally capable;
	Show that they enjoy working with young children;
	Practitioners should work with the children helping them think about what they are doing, giving help and explanations when needed and using language to extend learning;
	Practitioners should praise and encourage children to help them develop a positive self-image;
	Practitioners should show that they know and understand how children develop.

Let us look at these minimum standards in detail;

All practitioners must be trained and must receive ongoing training in early childhood development and the management of programmes and facilities for young children.

Efficient and effective early childhood development services aim to educate and care for children in a holistic way. This task requires a responsible, trained and caring person who will be able to meet the child’s needs holistically and in a child-friendly way.

The Practitioner should:

• Practitioners should receive training to deal with and identify children with disabilities and other special needs; 
• The practitioner must be healthy enough to be physically and mentally capable of meeting all the demands made of caring for children; 
• Show that they enjoy working with young children;
• Practitioners should work with the children helping them think about what they are doing, giving help and explanations when needed and using language to extend learning
• Practitioners should praise and encourage children to help them develop a positive self-image. They should set limits to behaviour in a firm but kind way and explain the reason for the limits. Practitioners have the responsibility to make the ECD centre a place where children want to be because they feel safe and know they will have fun. 
• Practitioners should show that they know and understand how children develop. Most children grow and develop in stages that do not always correspond to an age. There should be no pressure on children to do things in a certain way. Children learn best when they are relaxed and having fun and are not afraid of making mistakes.

IMPORTANT :Children must never be punished physically by hitting, smacking, slapping, kicking or pinching Children must not be smacked or hit.

No one should threaten to physically punish a child.

PART THREE

INTER-SECTORAL COLLABORATION

The needs of children and their families are complex and diverse and cannot be addressed by an organisation or department working in isolation.

Inter-sectoral collaboration and an integrated approach value the contribution and role  different service providers’ play in ensuring the well being of children.

A holistic approach places the child at the centre of a protective and enabling environment that brings together the elements needed for the full development of that child. Parents, or primary caregivers and the family, need access to basic social services such as primary health care, adequate nutrition, safe water, basic sanitation, birth registration, protection from abuse and violence, psychosocial support and early childhood care.

Integrated early childhood development starts with the family. Family life will differ from one child to the next in terms of composition, values and roles. However, within each family, the young child and caregiver should be able to receive the necessary psychosocial support and care to promote learning and development.

One of the main policy documents influencing early childhood development is the Ministry for Social Development’s White Paper on Social Welfare, 1997. This guides the ministry in terms of service provisions in the social development sector.

Key points include:

• Provision for children zero to nine, with a special interest in the zero to three year old age group; 
• Placing early childhood development within the family environment, especially for those children under the age of five years. There is recognition of single parent families and families caring for children in especially difficult circumstances
• It calls for an inter-sectoral national ECD strategy, bringing together other government departments, civil society and the private sector 
• It emphasises service delivery in early childhood development targeting all caregivers, parents and social service professionals.
• The registration of early childhood development services.

In addition, within the Ministry for Social Development, the Child Care Act 1983, as amended, provides for the regulation of early childhood facilities for children and the payment of subsidies/grants to early childhood facilities. These provisions are being reviewed within the new Children’s Bill that is being developed under the auspices of the Department.

The Department of Social Development is the main department responsible for the payment of the child support grant for young children in situations of extreme poverty. It is also assigned a key role in the care and support to orphan and vulnerable children in terms of the National Integrated Plan for Children affected and infected by HIV and AIDS.

The Department has also modelled an integrated approach to early childhood development with their flagship programme for unemployed women with children under the age of  five years, which pilots a cross-sectoral and integrated approach to developmental social welfare.

With regard to the Child Support Grants and Registration subsidies, the Department makes it clear that these are two separate payments. Receipt of one does not cancel out the other, i.e. if a parent receives a Child Support Grant, this does not mean that she has to use it to pay ECD centre fees and the ECD Centre does not lose the right to receive a full subsidy for the child.

PART FOUR

CHILDREN'S RIGHTS

In South Africa, we have the Constitution and Child Care Act of 1983.  

Below we will look at the rights of different age groups within your pre-school.  As children get older their rights increase.

Very young children (0 - 3 years)

·      Protection from physical danger;

·      Adequate nutrition and health care;

·      Appropriate immunisations;

·      An adult with whom to form an attachment.

·      An adult who can understand and respond to their signals.

·      Things to look at, touch, hear, smell, taste.

·      Opportunities to explore their world.

·      Appropriate language stimulation;

·      Support in acquiring new motor, language and thinking skills;

·      A chance to develop some independence;

·      Help in learning how to control their own behaviour;

·      Opportunities to begin to learn to care for themselves;

·      Daily opportunities to play with a variety of objects.

Pre-school aged children, all of the above, plus:

·      Opportunities to develop fine motor skills;

·      Encouragement of language through talking, being read to, singing;

·      Activities that will develop a sense of mastery;

·      Experimentation with pre-writing and pre-reading skills;

·      Hands-on exploration for learning through action;

·      Opportunities for taking responsibility and making choices;

·      Encouragement to develop self-control, cooperation and persistence in completing projects;

·      Support for their sense of self worth;

·      Opportunities for self-expression;

·      Encouragement of creativity.

Children in the early primary grades, all of the above, plus

·      Support in acquiring additional motor, language and thinking skills;

·      Additional opportunities to develop independence;

·      Opportunities to become self-reliant in their personal care;

·      Opportunities to develop a wide variety of skills;

·      Support for the further development of language through talking, reading, and singing;

·      Activities that will further develop a sense of mastery of a variety of skills and concepts;

·      Opportunities to learn cooperation and to help others;

·      Hands-on manipulation of objects that support learning;

·      Support in the development of self-control and persistence in completing projects;

·      Support for their pride in their accomplishments;

·      Motivation for and reinforcement of academic achievement.

RIGHTS OF CHILDREN WITH DISABILITIES

The assumption is that one can generalise on all children’s rights. Discrimination may be direct or indirect and as a means to educate society on disability issues, it is important to state these rights separately.

·     Have a right to inclusion, integration and mainstream facilities and services;

·     Have a right to a normal environment;

·     Have a right to all other benefits enjoyed by their non-disabled counterparts and siblings;

·     Have a right to family, social and community life;

·     Have a right to sports and recreation;

·     Have a right to an accessible environment;

·     Have a right to develop independence and self-reliance;

·     Have rights to special needs and attention;

·     Have a right to be different;

·     Children who are deaf have a right to sign language;

·     Have rights to devices that assist them when they need them;

·     Have a right to appropriate active learning that is suitable for their abilities without them being isolated.

PART FIVE

THE DEVELOPMENT OF YOUNG CHILDREN

Now that know what the rights are of children, we now need to identify how they develop.

Development in young children is holistic and includes social, emotional, physical and intellectual development. It is not easy to separate the different areas of development in young children and most play activities cover two or more areas of development.

Let us look at each stage of development in detail.

Social development

Babies and very young children are self-centred, they see themselves as the centre of their world. As they grow older, they must be supported to share and be considerate towards others.

Children learn how to handle conflict and other social behaviours by watching adults. If the adults around them act with dignity and kindness, the children will learn from this.

Children accept limits to their behaviour if reasons are given for these, if they understand why they should not do certain things. Adults play an important role here and must set reasonable limits, based on what the child can understand and cope with.

Children learn to respect themselves and one another if they see adults behaving respectfully towards everyone. It is important to build respect for all people, their spiritual beliefs, colour, gender and physical attributes.

Emotional development

As they develop emotionally, children learn to name and understand their feelings. They develop a image based mostly on what others around them say and how they act towards the child.

Many children have to learn how to deal with grief, fear and anxiety as they face death of family members and others close to them. Children need to be able to develop resilience by saying, “I can” (naming the things they can do), “I have” (knowing that there are people around who can help) and “I am” (being sure of their own strengths).

Physical development

Children need to exercise their large muscles so that they learn to move easily and with confi dence. Control and co-ordination of their bodies comes from being encouraged to run, climb, jump, hop, balance etc. The control of small muscles comes when children are given the opportunity to hold and play with things, make marks on paper and turn pages of books.

Young children need guidance on how to keep their bodies safe and healthy. This can include activities on eating sensibly, and looking after teeth and hair.

Intellectual development

The foundation for intellectual development is laid through play. As children explore their world they discover what works and how, shapes, colours, textures etc. As they play they gain knowledge, learn how to reason and use information. Children show creativity when they sing, dance, draw, paint etc and when they work out problems for themselves.

The following is divided into ages rather than stages. If a child is not doing something by a certain age, practitioners should watch him/her carefully and assess his/her development, remembering that not all children move through stages at the same rate. If there is a big delay in development, it will be important to talk to the family and advise them to go to the clinic with the child.

Specifically in the early childhood years children of different ages have different needs.  Below we go into more detail in the needs of children.

DEVELOPMENT THROUGH THE YEARS

Toddlers (18-36 months)

Toddlers are very mobile and need a safe space to move around in. Physical development is fast and most toddlers learn to climb, carry things, walk up stairs, run, kick balls, jump and walk on tiptoe before they are three years old.

They are very curious and want to explore everything they see. Play becomes more complicated as toddlers use their imagination and growing communication skills more. Toddlers imitate and act out what they see around them. This helps them name and understand diff erent feelings and thoughts.

Activities should include creative activities, problem solving opportunities, games using the imagination and language. Toddlers should be given books to look at and time for story telling and reading. Their language develops quickly if they are listened to and encouraged to talk and learn new words and ways of expressing themselves.

Toddlers enjoy a routine and look forward to diff erent activities that happen at set times in the day. Meals can be provided at set times but snacks should be available if a toddler becomes very hungry or thirsty.

Depending on the child’s stage of development, time should also be allowed for toilet training and assistance in the use of the toilet.

Rest or sleeping times may be determined according to need, but there can be a      fixed time for rest or quiet play during the day.

Children (3 - 4 years)

Children learn wherever they are and at this age have already learnt a great deal.

There must be a wide variety of activities. Children this age can play with more advanced apparatus, for example, more complicated puzzles and building blocks. Activities such as drawing, painting, singing, learning rhymes and listening to stories should be provided.

Provision should also be made, for example, for a variety of fantasy games, a book area, and a display of natural and other interesting items.

There is a place for routines in the day. Meals and rest can take place at set times in the day. Children this age are now able to follow a toilet routine. Arrivals and departures should be noted so that children feel they are important.

Reception Year (Grade R) 4 - 5 year olds

Children of this age have had thousands of experiences and learnt from these. Practitioners must start where children are in their development, decide what they should achieve and support them to achieve these outcomes.

Activities should help children discover new knowledge and learn new skills as well as attitudes. Plans for the day should support the holistic development of the child. Children make sense of their world, classify and organise what they experience and use this information to guess what might happen next.

At this age, children have developed communication, social, physical and problem solving skills and need to try them out in diff erent situations. Attitudes express values practitioners are encouraging children to develop such as tolerance, respect and independence.

Language forms the basis for development. Communication between adults and children is very important. Children learn to listen, talk, ask questions, guess, tell stories and learn new words. This helps them as the learn more about science, technology and mathematics as well as preparing for becoming literate.

PART SIX

CHALLENGES FACING THE EARLY CHILDHOOD DEVELOPMENT SECTOR

There are many challenges facing young children, their families, practitioners, and government departments responsible for them.

These include the following but are not limited to:

Poverty:

The majority of young children in South Africa do not have access to quality ECD services. The main reason for this is poverty.

Many families cannot aff ord to pay for early childhood services for their children. For this reason, government departments responsible for provisions for young children must work together to support quality early childhood services that are accessible and affordable to all families.

HIV and AIDS:

Children in South Africa are aff ected by this pandemic in three phases — illness (their own or family member), death and orphaning. All three phases have an economic as well as social and psychological impact on children.

The stigma of HIV and AIDS also has a negative influence on children and their self-image. The challenges are faced by the children themselves, their families, educators and care providers as well as provincial and national departments.

The primary care givers, whether parents or other family members, need skills and confi dence to provide psychosocial and emotional support to children as well as fi nancial assistance to ensure their physical well-being.

Educators and care providers should develop and implement policies that do not discriminate against children affected or infected by HIV and AIDS and all children should be welcomed into all early childhood centres. The practitioners need to receive training and support to help build the self-confidence and coping strategies of all children and in particular those children who suffer discrimination and who have suffered from the illness or death of family members.

Disability:

Children with disabilities often suffer discrimination and stigmatisation from those who do not understand the nature of the disability or who are frightened by it. Because of their disabilities, some children are more likely to be abused. Some people see the disability as limiting the child’s ability to do anything at all and these children are seen as a burden.

If children with disabilities are admitted to early childhood development centres they must be helped to participate in or enjoy the activities provided. Support needs to be given to families to bring children with disabilities to early childhood centres. They need to be informed that these centres have admission policies that welcome and accommodate their children. Practitioners should receive training that will encourage them to adapt centres and provide activities in ways that will allow children with disabilities to participate and so be able to develop their full potential.

If a child cannot be accommodated in an early childhood centre, referral to an appropriate centre must be made.

Gender equity:

Most families want their children to grow up strong and healthy. One way to achieve this is to make sure that boys and girls are treated equitably. Children have different learning styles and different approaches to communicating with others. Children should not be labelled nor should they be pressured to conform to a certain way of behaving.

Children are socialised into gender roles in their families. Early childhood development services have to be sensitive to the beliefs and practices of families but at the same time must make sure that no child is treated unfairly because of gender.

PART SEVEN

ADMINISTRATION SYSTEMS APPROPRIATE FOR THE NEEDS OF THIS SERVICE

As in any business, well-documented and maintained administration systems are crucial.

As in part two we discussed the minimum requirements needed, specifically in the management of your business.

To summarise the following documents have been highlighted as necessities in this sector;

• Admission policies that provide for the children who are affected or infected by HIV and AIDS; (Refer to Module 5 HIV/AIDS) 
• Administrative systems for managing the centre; 
• Records and information on the children; 
• Centre information and policies; 
• A complete medical history of the child. This can form part of the registration form. 
• The supervisor must keep a register of all children. This register may be combined with the daily attendance register. 
• There must be a daily attendance register where each child’s presence or absence is noted. 
• A record of daily menus must be kept. 
• A copy of the daily menus for the various age groups, giving all meals and refreshments, must be displayed in a prominent place. It should also be available to authorised persons. 
• There must be regulations regarding the transport of children (If appplicable.)

PART EIGHT

THE QUALITY ASSURANCE REVIEW

In terms of the Child Care Act No 74 of 1983 with the integration of amendments as on 1 January 2000 the Director-General or a person authorised by him or her shall at all times be entitled to evaluate the place of care, its books, documents and registers and its developmental programmes, and to examine the health, nutrition and general well-being of the children in the place of care.

The quality assurance review is important as it helps improve the way the centre is run.

NOTE : Good practice must be noted and praise given where appropriate.

Where there are improvements to be made, these should be discussed with the responsible staff member and guidance offered so that changes can be made.

Where there are unacceptable practices, these must also be discussed and agreement reached on changes to be made immediately to ensure the safety and well being of the children at the centre.

The three-point quality assurance scale

The evaluation takes place according to a scale under the following three headings:

• Not acceptable;

• Acceptable with a few adaptations;

• Acceptable.

The top of the scale, i.e. acceptable is the level to be aimed at for registration according to the minimum requirements. (Also refer to Module Six under the “Key Performance Indicator’s part for an in-depth look at manging staff).

PART NINE

THE LEGISLATIVE FRAMEWORK FOR ECD CENTERS (Places of Care)

This part deals with the current national legislation that regulates early childhood development centres. It is strongly advised that the original Act and its regulations be consulted in addition to this part.

Where appropriate, parts of the Child Care Act, 1983, and its regulations are inserted into the text of this part.

NOTE

Government is currently reviewing childcare legislation in South Africa and the proposed legislative changes will be found in the Children’s Bill, 2003. At the time of writing these Guidelines, the Children’s Bill was in the parliamentary process.

The current Child Care Act, 1983 makes provision for places of care that include the following:

• ECD Centres / Crèches,

• Playgroups,

• After-school centres,

• Or a combination of the three in line with the definition as prescribed by the Act.

NOTE : In this part, the term place of care is used to stay in line with the language used in the current legislation. It is important to understand that this term refers to the range of formalised ECD provisions such as day-care centres, ECD centres, crèches, etc.

A place of care must be registered.

In terms of the Act, section 30(2) A place of care must be registered.

No child may be kept in an unregistered place of care (except for places of care maintained and controlled by the state).

The application for registration is done in terms of section 30(3) of the Act  on a form prescribed (Regulation 30(1)) by the Director-General for Social Development (this has been delegated to a provincial level). The Act does not give more details about the registration except for the provisions in Regulation 30.

There is a particular obligation on the Department of Social Development in terms of this section (section 30(3) (a) to obtain information with regard to the application.

Regulation 30(2)

Indicates that certain additional information should accompany the application form, namely:

• The constitution of the place of care which should include or indicate at least the following: 
• Name of the place of care; 
• Category or categories of children it will cater for; 
• Composition, powers and duties of the management; 
• Powers, obligations and undertaking of the management to delegate all authority with regard to care, behaviour management and development of children to the head of the place of care; 
• Procedures in respect of amending the constitution; 
• Commitment from the management to ensure the establishment and maintenance of minimum standards. 
• A certificate issued by the local authority in whose area the place of care is for either: 
• Approval of the plans if it is still to be erected; or 
• Compliance with the structural and health requirements of the local authority. 
• A certificate from the Director-General i.e. the Department of Social Development in the province indicating that a needs assessment was done.

Regulation 30(2) and (3)

This regulation is clear on the importance of adhering to, and implementing minimum standards.

In terms of section 30(2)(b),

The Director-General may either reject or grant the application. The latter can be either unconditionally or conditionally and a certificate for registration needs to be issued which is valid for a period of two years in terms of Regulation 30(4). Such a registration certificate needs to be reviewed based on a quality assurance assessment in the appropriate manner.

Classification

Section 30(4) of the Act allows;

For the classification of a place of care upon application for registration or any time thereafter according to the following:

·      Sex of the children (e.g. for boys and girls);

·      Age of the children (e.g. only for children from three to fi ve years);

·      Physical needs of the children;

·      Mental needs of the children;

·      Spiritual needs of the children.

This discretion of classification rests with the Director-General or the delegated authority (at a provincial level).

Therefore, in practice the registration certificate has to include at least the following:

·      Name of the place of care;

·      Physical address of the place of care;

·      Date of registration;

·      Expiry date of the registration certifi cate;

·      Number of children to be accommodated;

·      Sex of children to be accommodated;

·      Ages of children to be accommodated;

·      Classification of the place of care (where applicable);

·      Conditions for registration (if applicable).

Section 30(6) of the Act indicates;

That any person who contravenes or fails to comply with the provisions and requirements for registration of places of care is guilty of an offence. This means that places of care that are not registered are illegal and the persons operating them can be charged with an offence.

Regulation 30A stipulates;

Additional requirements to which a place of care shall comply. It is required from places of care that they adhere to the prohibition of behaviour management practices as described in Regulation 30A(1). This Regulation can be found below:

REGULATION 30A(1)

Additional requirements with which a place of care shall comply

30A. (1) Subject to the provisions of the Act and these regulations no place of care shall be registered or shall remain registered aft er 24 months unless the Director-General is satisfied that the following behaviour management practices are expressly forbidden:

(a) Group punishment for individual behaviour; 

This means that there are NO conditions attached to the registration and that the Department of Social Development is satisfied that the Place of Care meets the minimum requirements;

This means that there are SOME conditions attached to the registration, i.e. aspects that need attention and that need to be put in place in order to meet the minimum requirements.

(b) Threats of removal, or removal from the programme;

(c) Humiliation or ridicule;

(d) Physical punishment;

(e) Deprivation of basic rights and needs such as food and clothing;

(f) Deprivation of access to parents and family;

(g) Denial, outside of the child’s specific development plan, of visits, telephone calls or correspondence with family and significant others;

(h) Isolation from service providers or other children admitted to the place of care, other than for the immediate safety of such children or such service providers only after all other possibilities have been exhausted and then under strict adherence to policy, procedure, monitoring and documentation;

(i) Restraint, other than for the immediate safety of the children or service providers and as an extreme measure.This measure is governed by specific policy and procedure, can only be undertaken by service providers trained in this measure, and must be thoroughly documented and monitored.

(j) Assignment of inappropriate or excessive exercise or work;

(k) Undue influence by service providers regarding their religious or personal beliefs including sexual orientation;

(l) Measures which demonstrate discrimination on the basis of cultural or linguistic heritage, gender, race, or sexual orientation;

(m) Verbal, emotional or physical harm;

(n) Punishment by another child; and

(o) Behaviour modification such as punishment or reward systems, of privilege systems, other than as a treatment or development technique within a documented individual treatment or development programme which is developed by a team including the child and monitored by an appropriately trained multi-disciplinary team.

Regulation 30A(2) may cause some confusion within places of care and it is recommended that; Places of care apply those parts that have reference to the services offered in a place of care. The following are examples of this regulation that may not apply to a place of care.

Regulation 30A(2)(b):

Family reunification does not apply as children in a place of care are placed there by their parents for care, protection and development during the day, as a place of care is not a residential care facility.

Regulation 30A(2)(e):

Review of placement also does not apply, as placement in a place of care is not a statutory placement.

Regulation 30A(2)(k):

Children in a place of care usually have daily contact with their parents and no court order can restrict any contact as these children are not under statutory care.

Regulation 30A(2)(l):

The same applies here as above as these children are not under statutory care.

Regulation 30A(2)(t):

The reference to custody is not applicable as these children are not place in a place of care under a court order.

Regulation 30A(2)(u):

This sub-regulation also does not apply as the family and signifi can’t others cannot be refused discussions with the children.

The opinion is held that Regulation 30A(2) needs to be reviewed and amended to make it more applicable to places of care due to the fact that, as it stands now, it refers to children in out-of-home care e.g. children’s home, rather than children in a place of care. In comparison with Regulation 31A(1), which deals with children’s homes, shelters, places of safety and schools of industries, there is no difference in the wording of the said regulation and Regulation 30A(2), which makes Regulation 30A(2) inappropriate with regard to some aspects.

Regulation 30A(2)

All children in a place of care shall, where appropriate, have the right —

(a) To know their rights and responsibilities;

(b) To a plan and programme of care and development, which includes a plan for reunification, security and life-long relationships;

(c) To participate in formulating their plan of care and development, to be informed about their plan, and to make changes to it;

(d) To expect that their plan and programme is based on an appropriate and competent assessment of their developmental needs and strengths and, where possible, is in the context of their family and community environments;

(e) To a regular review of their placement and care or development programme;

(f) To be fed, clothed and nurtured according to community standards and to be given the same quality of care as other children in the places of care;

(g) To be consulted and to express their views, according to their abilities, about signifi cant decisions affecting them;

(h) To reasonable privacy and to possession of the personal belongings;

(i) To be informed of behaviour expected by service providers and of the consequences of not meeting the expectations of service providers;

(j) To care and intervention which respects their cultural, religious and linguistic heritage and the right to learn about and maintain this heritage;

(k) To regular contact with parents, family and friends unless a court order or their care or development programme indicates otherwise, or unless they choose otherwise;

(l) To the involvement of their family or significant others in their care or development programme, unless proved not to be in their best interests, and to return to live in their community in the shortest appropriate period of time

(m) To be free from physical punishment;

(n) To positive disciplinary measures appropriate to their level of maturity;

(o) To protection from all forms of emotional, physical, sexual and verbal abuse;

(p) To education appropriate to their level of maturity, their aptitude and their ability;

(q) To be informed that prohibited items in their possession may be removed and withheld;

(r) To respect and protection from exploitation and neglect;

(s) To opportunities of learning and opportunities which develop their capacity to demonstrate respect and care for others;

(t) To an interpreter if language or disability is a barrier to consulting with them on decisions affecting their custody or care and development; and

(u) To privacy during discussions with families and significant others, unless this can be shown not be in the best interests of the child.

Regulation 3OA inserted by GN 416 of March 1998

Regulation 34

Stipulates the specific register that needs to be kept by a place of care and is described quite clearly in the said regulation (see below). Managers of places of care have to ensure that they adhere to this and keep such a register updated. The register shall have the following headings:

·      Surname of child;

·      First names of the child;

·      Date of birth;

·      Sex of the child;

·      Date of admission into the centre;

·      Name of parent/primary caregiver;

·      Physical address of parent/primary caregiver;

·      Telephone numbers of parent/primary caregiver;

·      Date on which child left the care of the centre (stop attending the programme);

·    Other information such as chronic medical conditions (e.g. diabetes), dietary requirements (e.g. halaal, vegetarian, etc.) and other critical information for the care and development of the child.

REGULATION 34

Register to kept by place of care

Every place of care registered under section 30 of the Act shall keep a register of children attending that place of care in which the following particulars in respect of each child shall be entered:

(a) Full name, date of birth and sex of the child;

(b) Date of his admission;

(c) Names, addresses and telephone numbers of parents and foster parent;

(d) Date on which care is terminated; and

(e) Any other information regarding the child which the place of care may deem necessary or expedient to enter.

Regulation 38

Allows for the payment of a place of care grant. The payment of such a grant is not compulsory or statutory and provision is merely made in the regulation that the grant may be paid (Regulation 38(1) for children older than one month in a place of care.

Regulation 38(2)

States that the application for such a grant must be made on a form determined by The Director-General (delegated to the provincial departments of Social Development).

Regulation 38(3)

Determines that this grant is calculated in accordance with a formula and is payable for the days a child is registered at the place of care. When a child is absent from the place of care for longer than six weeks the grant is not payable. The grant is not payable when the child is absent for consecutive periods that exceed two months.

Regulation 38(4)(a)

Sets the conditions for the payment of the grant, which include the operating times of the place of care (not more than eight hours on a weekday) and certain provisions for Saturdays, Sundays and public holidays. It further stipulates clearly that such a grant is not payable for the periods when the place of care is closed as the grant is paid per day per child.

Further conditions are set in Regulation 38(b) for the payment of the grant, which include the following:

·      Meals and refreshments;

·      Meeting the child’s basic needs;

·      Appropriate educational programmes;

·      Subjection to evaluation and examination;

·      Non-transfer of the grant;

·      Submission of reports.

REGULATION 38

Place of care grant

 (1) The Minister may, with the concurrence of the Minister of Finance, give approval for a grant to be paid to a place of care for the care of children older than one month;

(2) An application for a grant in terms of this regulation shall be made on a form determined by the Director-General.

(3) A grant in terms of this regulation shall amount to an amount or shall be calculated in accordance with a formula or in a manner determined by the Minister with the concurrence of the Minister of Finance and shall be payable in respect of each day during which the child concerned is registered in the place of care in accordance with the provisions of this regulation, provided that such child should not be absent from the place of care for a period longer than six weeks at a time or for consecutive periods which, in total, exceed two months.

(4) The payment of a grant to a place of care in terms of this regulation shall be subject to the following conditions:

(a) The hours of a place of care shall be for a minimum of eight hours from Mondays to Fridays and from 07:00 to 13:00 (where necessary to 14:30) on Saturdays: Provided that —

(i) The grant may be paid in respect of children who attend places of care on Sundays and public holidays on condition that they are children of bonafide working parents, guardians or custodians whose conditions of service provide that they must work on Sundays or public holidays;

(ii) If the management of a place of care is of the opinion that there is not sufficient  justification for keeping the place of care open during the prescribed hours and days, it may close it; and

(iii) No grant shall be payable in respect of periods during which the place of care has been so closed.

(b) The payment of a grant to a place of care shall be subject to the following additional conditions:

(i) Meals and refreshments shall be served to every child who is present at a meal time or tea time;

(ii) The basic needs of every child as defi ned in regulation 1 shall be met;

(iii) An appropriate educational programme focussing on the intellectual development of every child shall be offered;

(iv) The Director-General or a person authorised by him or her shall at all times be entitled to evaluate the place of care, its books, documents and registers and its developmental programmes, and to examine to health, nutrition and general well-being of the children in the place of care;

(v) A grant shall not be transferred, ceded or encumbered and shall not be liable to executionor attachment; and

(vi) The management of the place of care shall send the reports and the returns required by the Director-General to him or her.

Regulation 38 substituted by GN 416 of March 1998]

Section 31

In  the current Act makes provision for the “inspection” of places of care, which refers to a system of monitoring and evaluation. As will be seen below, the Act refers to an inspection, whereas the Regulations refer to a quality assurance process. As the methodology for quality assurance has signifi cantly changed in the past 20 years, it is understandable that that Act and the Regulations might differ. Within the context of the Department of Social Development, monitoring and evaluation should be seen as a developmental and empowering process, with the best interest of the child being more important than anything else. This should be seen as the point of departure for the discussion point below.

Inspection of children’s homes and places of care 31. (1)

A social worker, a nurse or any other person, authorised thereto by the Director-General, or any commissioner, may enter any children’s home, place of care shelter or place of safety in order to;

(a) Inspect that children’s home, place of care, shelter or place of safety and the books and documents appertaining thereto;

(b) Observe and interview any child therein, or cause such child to be examined by a medical officer, psychologist or psychiatrist.

Sub-section (1) substituted by section 12(a) of Act 96 0f 1996] (2)

Any social worker, nurse or other person so authorised shall be furnished with a certifi cate to that effect, signed by the Director-General, which he or she, when acting in terms of subsection (1), shall produce at the request of any manager or staff member of the children’s home, place of care, shelter or place of safety concerned.

Sub-section (2) substituted by section 12(a) of Act 96 Of 1996] (3)

Any person who obstructs or hinders any social worker, nurse or other person so authorised or any commissioner in the performance of any function mentioned in subsection (1), or who fails to produce any child, book or document whose production a social worker, nurse or other person so authorised or any commissioner has demanded, shall be guilty of an offence.

Sub-section (2) substituted by section 12(a) of Act 96 Of 1996] (4)

The social worker, nurse or other person so authorised, or the commissioner, shall submit a report to the Director-General after  the performance of a function referred to in subsection (1).

Sub-section (4) added by section 12(b) of Act 96 Of 1996] (5)

Th e powers of the Director-General on receipt of a report referred to in subsection (4) shall be as prescribed.

Sub-section (5) added by section 12(b) of Act 96 Of 1996] Section 31

Deals particularly with the inspection of places of care. Regulation 34A(3) refers to this inspection as being a developmental quality assurance assessment and indicates a move away from the traditional “inspection” framework towards a more developmentally based review and evaluation approach.

Before the implications of this section are discussed, it is important to note that the departure point of a developmental quality assurance is the growth and well being of the organisation, in this instance the place of care. The details of the developmental quality assurance will not be discussed here, but the relevant provisions of the Act and the Regulations will be placed in context within this framework.

Section 31(1)

States that only a social worker, nurse or person authorised by the Director- General (or his/her delegated authority), is allowed access to a place of care for a quality assurance visit. Such access should be based on a team of people who will be responsible for the developmental quality assurance. The same section also allows for a commissioner of child welfare to have access to a place of care. Though section 31(1)(a) and (b) may seem to give limited authority in the case of such a review and evaluation, this authority is extended quite broadly within the Regulations to the Act.

The following regulations in particular refer to the importance of the Developmental Quality Assurance review:

Regulation 30(4)

Requires that a registration certifi cate for a place of care shall only be renewable every 24 months after appropriately trained offi cials appointed by the Director-General have done a Developmental Quality Assurance review.

Regulations 30A, 31, 31A and 32

Highlight particular aspects regarding the care, protection and development of children that need to be covered by a developmental quality assurance review.

Regulation 34

Indicates the registers that need to be kept by a place of care and which will be open for review and evaluation during a Developmental Quality Assurance review.

Section 31(2)

Requires that social workers, nurses or authorised persons who conduct the review and evaluation of a place of care need to be duly authorised to do so in writing by the Director-General (or his/her delegated authority). The exception is that a commissioner of childcare does not need any authority and may enter such a facility at their discretion and on their own authority.

Section 31(3)

Indicates that obstruction or hindering a person authorised to review and evaluate a place of care is an offence.

Section 31(4)

Places the responsibility on any social worker, nurse, authorised person or commissioner who has entered, reviewed and evaluated a place of care to provide the Director-General (or his/her delegated authority) with a report after the performance of this function. The power of the Director-General referred to in section 31(5) is prescribed in Regulation 34A.

The said regulation places certain responsibilities and obligation on the Director-General upon the receipt of this report, which can be summarised into three main areas, namely:

·      Action to be taken when requirements with regard to the registration are not met.

·      Action to be taken with regard to concerns regarding the care, protection and development of children.

·      That all places of care (including those maintained and controlled by the State) must have a developmental quality assurance review every 24 months undertaken by the Director-General (or his/ her delegated authority) and this review must result in a report and a developmental programme.

REGULATION 34A

Review and evaluation of Children’s homes, places of safety, places of care and shelters

34A. (1) On receipt of a report referred to in section 31 (4) of the Act indicating that a requirement for registration of a children’s home, places of care, place of safety or shelter in terms of regulation 30 or 31 has not been met, the Director-General shall;

(a) Inform the management and the head of the children’s home, places of care, places of safety or shelter, in writing, of the contents of the report;

(b) Where necessary, require the head and management to respond to the report, in writing, within 14 days of receipt of such report;

(c) Provide a developmental programme, guidance and support to enable the management and head to meet the requirements within a specifi ed period being not less than two months and not more than six months of receipt of such report;

(d) Require that the head and management meet the developmental goals set out in the report referred to in paragraph (b) and in the programme referred to in paragraph (c); and

(e) After the period referred to in paragraph (c) ensure that a further review and report is undertaken.

(f) If the report referred to in paragraph 

(e) indicates that the requirements for registration of a children’s home, place of care or shelter in terms of regulation 30 or 31 have still not been satisfactorily met, withdraw the registration certificate and instruct the children’s home, place of care or shelter to arrange for the transfer of children to a registered children’s home, place of care or shelter, as the case may be, whereupon the Director-General may close down the children’s home, place of care or shelter.

(2) On receipt of a report referred to in section 31 (4) of the Act expressing concern about any matter relating to the care, protection or development of children in terms of regulation 31A, the control, maintenance of good order and behaviour, management of children in terms of regulation 32 or the keeping of registers or fi les in terms of regulation 33, 33A, 33B or 34, as required of children’s homes, places of care and places of safety established under section 28 of the Act and of shelters, or on receipt on a review report referred to in paragraph (e) of sub-regulation (1), the Director-General shall;

(a) Shall inform the head of the department responsible for such children’s home, place of care, place of safety or shelter, as the case may be, of the contents of the report;

(b) Shall require that the head of the department respond in writing to the concern or concerns raised or any other matter contained in such report within 14 days of receipt of such information;

(c) Shall instruct the head of department to provide a developmental plan, guidance and support to the children’s home, place of care, place of safety or shelter, as the case may be, for a stipulated period;

(d) Shall aft er the period referred to in paragraph (c) give instructions for a re- inspection of the children’s home, place of care, place of safety or shelter, as the case may be, and for a report thereon to be furnished within 14 days of receipt of such instruction;

(e) Shall, if the report referred to in paragraph (d) indicates that the concern or concerns raised in the original report have not been satisfactorily addressed or remedied, request the head of the department to take whatever steps he or she deems necessary and to report back to the Director-General within three months of receipt of such request; and

(f) May close down the children’s home, place of care, place of safety or shelter.

(3) In terms of section 31 (1) of the Act all children’s homes, places of care, shelters and places of safety, including facilities maintained and controlled by the State, shall be subject to a quality assurance review every 24 months with respect to the minimum standards for residential care: Providing that such a review will result in a report and developmental programme and shall be undertaken by the Director-General.

Regulation 34A inserted by GN 416 of March 1998]

Section 32(1)

Allows that the registration certificate of a place of care issued under section 30(3) may at any time be cancelled by the Minister or surrendered to the Minister. It should be noted that the Act allows the cancellation or surrender of a registration certifi cate to the Minister whereas the registration rests with the Director-General. This should be an indication of the serious light in which the cancellation of a registration certifi cate is seen. Such a cancellation or surrender of a registration certifi cate needs to be done with one month’s written notice.

It needs to be noted that this section diff erentiates between the notice to be given of the cancellation or surrender of the registration certifi cate, which is one month (section 32 (1) (a) and the date on which it is eff ected. This is either on a date agreed upon by both parties as stipulated in subsection 32(2)(a) or, when there is not an agreement on the date on which the surrender or cancellation of the registration certificate is to be eff ected, not earlier than three months after the date on which such notice was given.

The latter is clearly an attempt to ensure that the best interests of children are served and that the trauma or disruption of movement is minimised as far as possible.

The cancellation of a registration certificate is in line with the provisions of developmental quality assurance as spelled out under section 31. It should also be taken into consideration that Regulations 30(4) and 30A (1) state clearly that no place of care shall remain registered unless the requirements of these regulations respectively are met.

It needs to be noted that once the registration certifi cate is cancelled, the original copy of the registration certificate must be handed in to the Department of Social Development that issued the registration certificate.

Cancellation or surrender of certificate of registration 32. (1)

(a) A certificate of registration issued under section (3) may at any time be cancelled by the Minister or may at any time be surrendered to the Minister, but no such certificate shall be so cancelled except after not less than one month’s written notice of the intention to cancel that certificate has been given to the person in whose name it was issued, and after consideration by the Minister of any representations which may be submitted in pursuance of such notice.

(b) Written notice shall be given of any cancellation or surrender of a certificate of registration.

(2) (a)The cancellation or surrender of a certificate of registration shall take effect on the date specified in the document whereby notice is given of the cancellation or surrender.

(b) Unless the Minister and the person in whose name the certificate of registration was issued agree on the date, the date mentioned in paragraph (a) shall not be earlier than a date three months aft er the date upon which notice of the cancellation or surrender was given.

(3) The managers of a children’s home or shelter shall within three months after written notice has been given of the cancellation or surrender of the certificate of registration of that children’s home or shelter in terms of subsection (1), transfer to his or her parents or guardian or to any children’s home or other suitable place approved by the Minister, every child in such first-mentioned children’s home or shelter other than a child placed in the custody of that children’s home under this Act. Subsection (3) substituted by section 13 of Act 96 of 1996.

(4) After the cancellation or surrender of the certificate of registration of any children’s home in terms of this section, the Minister shall act under section 34, or under section 37, in respect of every child who was placed in the custody of that children’s home under this Act and who was in that children’s home at the time of the cancellation or surrender of the certificate.

CIRCUMSTANCES THAT CAN LEAD TO THE CLOSURE OF A PLACE OF CARE

• Unsafe buildings or structures 
• Refusal to meet requirements as stipulated by the local authorities 
• Jeopardizing the health of children 
• Physical abuse of children 
• Insufficient personnel 
• Incapable personnel 
• Chronic lack of or inappropriate stimulation programme 
• Discrimination that leads to violation of the rights of children 
• Drastic reduction in the number of children utilising the facility 
• A management committee that is not functioning, dysfunctional, has poor co-operation and/or is involved with corruption and maladministration 
• The community shows no interest, or there is no longer a need for the facility.

PROCEDURE FOR DEALING WITH CENTRES CONTRAVENING THE STIPULATED REQUIREMENTS

(See the Child Care Act for the detailed procedure)

When, after monitoring or reviewing the facility or if a complaint is received, and it is found that the requirements are not met, the social worker must:

• Compile an assessment report. 
• Inform the management or owner of the facility of the contents of the report, in writing. 
• Where needed, request the management or owner to respond to the report in writing, within 14 days of receipt of the report. 
• Provide guidance and support to the facility to meet the requirements within two to six months. 
• Review the facility and compile a report. If requirements are still not met, withdraw the registration certificate and instruct the facility to arrange for transfer of the children to a registered facility. 
• Inform Head Office in writing of the situation and actions taken.