Presentation to the Justice Portfolio Committee on the

Presentation to the Justice Portfolio Committee on the implementation implications of the Child Justice Bill for the National & Provincial Departments of Social Development February 2003 Ashley Theron Dept of Social Development

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

Historical background • 1995: Uncoordinated release of 2000 Children awaiting trial in prison/police cells to Places of Safety. Social Development could not handle number of children. No secure care centres in South Africa • 1996: 80 social workers doing probation work • Diversions mostly done by Nicro: approx 3565 per year

Progress made • Inter Ministerial Comm: - various pilots: one stop child justice centre, reception, assessment and referral centre, family group conferencing & life centres • R 33 million from RDP funds to provide for secure care centres in each province • Amended Child Care Act to include secure care • Training of , probation officers, social workers and child and youth care workers • Home based supervision programs for children awaiting trial

Progress made Personnel Admin Standards for probation officers and child and youth care workers • Professional Board for Probation Services; • Specific tertiary qualifications for probation officers and child and youth care workers • Probation Services Amendment Act, 35 of 2002 • Substantial increase in diversion programmes • Increase in no Probation Officers: from 80 to 525 (practitioners only) •

Probation Service Current functions • • Assessment of child offenders including family finding; Pre-trial reports Provide for diversion programs or conversion into children’s court inquiry Investigate circumstances of an accused person Pre-sentence reports, supervision of pre-trial and sentenced children New functions • • Assessment within 48 hours (already doing this at one stop youth justice centres and RAR) Age estimation Preliminary inquiry Diversion on different levels (provide programs on all levels)

Diversion Current situation: • UNChild Justice Project: Provincial Indabas held to encourage development of programs and audit of programs) • Data Base Planned: • Min Standards • Data Base-maintain • Equal access / increase in diversion programs in urban & rural areas • Website • Monitoring of programs • Network of volunteers in nodal points to support diversion programs

0 er X 1 s ffic O ion t Diversion nts ba ro me t P ing rams ess ams m ra tan ind og ss ogr g is ss ily F n Pr tal A n Pr s-PO pro A m io n v Fa vers pmen entio rvice visio s v Di velo Prev n se uper mp a v De ime isio ed s ) t. C v Cr perv bas rest rmen v Su me e Ar owe es v Ho ous Emp rvic v (H uth Se Yo RAR v 20 v

Diversion v NGO Partnerships § Nicro : - Diversion Programs (YES, Journey, Pre-trial Comm Service; FGC; Say Stop; CSO; VOM § Nicro: Training of service providers v One Stop Youth Justice Centre: Relocation to Nerina House POS § Services: § RAR services § Probation services § Community Crime prevention programs § School based Parenting skills programs §Diversion programs § Pres Awards-Choices § Home Supervision Program- Engcobo v Residential care programs: § Health & Therapeutic § Developmental assess § Life skills § Parental skills

No of Assistant Probation Office 1998 1999 2000 2001 2002 W/C 4 4 4 10 7 Limp 2 2 2 1 7 21 21 7 10 20 7 6 7 2 1 7 6 9 7 Mpum E/C 5 N/C Gaut KZN 4 NW F/S 7 5 7 7 Anticipated Total end 2004: 148 1997 Planned 2003/4 : 63

Children in detention Current and New function • Provide secure care facilities and places of safety and detention for children awaiting trail Total number of places to be provided for MTEF Period Province 2002 2003 2004 2005 Total 2, 046 2, 412 2, 826 3, 145

Dept Soc Dev: Provincial breakdown: Children Awaiting Trial

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

Donor Funding • • • Appointment of assistant probation officers, Increase no children awaiting trial in home based supervision R 5 m Support for the Integrated Justice System R 3 m Services to child victims R 1, 5 m Establishment of Probation Services Board and Standard Generation Body R 0, 83 m Training of Probation & Ass probation officers R 1 m Children in detention: programs, services etc R 6 m Minimum standards for diversion R 1 m Training Family Group Conferencing & Restorative Justice R 0, 8 m Running costs R 1 m Total: R 20 m

Children in detention • Manager to ensure: • Training staff in places of safety, secure care and youth development facilities • Projects and services to children in detention • Monitoring of children awaiting trial • Inter-sectoral projects • Coordination of all secure care related business

CJB: Local Integrated Model SAPS • Police officials trained: • to arrest children • to know procedures • Separate cells for boys, girls and separate from adults • Transporting children to court/home/POS • Family finding • National Instructions • Age estimation • Contact details of PO • Contact details of facilities • Custody register • One Stop Centres • Monitoring of services • Nat & Prov Child Justice Committees Dept of Justice • Human Resources • Prelim Inquiry: magistrate, prosecutor • Training in all aspects of CJB • Separate cells at court • Designate CJ Courts • 13 juv courts avail • Legal representation • One Stop Centres (Man) • Expert witnesses • Regulations • Sentencing—court escorts • Monitoring whole system • Appeals & Reviews • Nat & Prov Child Justice Committees Dept Social Development CBO’s NGO’s FBO’s Communication Integration of Services Monitoring & Eval Min Standards Local Govt • Probation Officers available • Training in CJB • Assessment within 48 hours • Pre-trial report • Placement recommendations • Family Finding • Pre-sentence report • Age estimation • Availability of diversion programmes • Prov Plans • Forms (J) • One Stop Centres • Monitoring of services • Nat & Prov Child Justice Committees • 24 hour contact nr in all areas Correctional Services • Pre-trial detention (not all but only scheduled offences) • Programme / Facilities • Community Corrections • Restorative Justice • Facilities & Programs for sentences persons • Nat & Prov Child Justice Committees Dept Public Works • Upkeep of cells at CSC & Court Dept Education Dept Home Affairs • Residential facilities • Training educators, managers, care staff • Programmes • Registration of children

Implementation implications for S Development over MTEF period 2002 2003 2004 2005 Total Nr of Probation officers 525 673 760 835 Total Increase in assessments 50, 475 64, 320 73, 414 79, 046 Preliminary inquiries. Total 0 76, 550 105, 543 136, 436 Total Increase in diversions 30, 937 55, 174 69, 461 81, 855

Financial implications for Social Socia Development over MTEF period 2003 Total National Department Provincial Departments Total 2004 2005 TOTAL 1, 758 2, 766 1, 810 6, 334 52, 827 85, 342 115, 979 254, 148

Challenges Channelling of Provincial MTEF allocations • Sufficient innovative diversion programmes and services to cover both rural and urban areas • Monitoring and implementation strategies at provincial level • Well trained inter-sectoral teams at all levels • Proper information management •