Govt workshops evolving needs of children in conflict with the law

The Department of Social Development is reinforcing its commitment to protecting children in conflict with the law.

This as it holds a two-day workshop on the regulations of norms and standards for secure care centres. Secure care centres are facilities where children in conflict with the law are placed for holistic intervention and as required by legislation.

The workshop, currently taking place in Pretoria, brings together a diverse panel of experts and practitioners dedicated to enhancing policies and ensuring these facilities evolve to meet the changing needs of children.

This workshop builds on the initial consultations held in August 2024, where provincial and national role players gathered, particularly social workers, secure care centre managers, and coordinators who provided vital insights based on their on-the-ground experiences.

The objective was to assess the Department of Social Development’s blueprint, norms, and standards for secure care centres to improve service delivery and ensure facilities operate at optimal levels.

The recommendations from those engagements are now being carefully examined by experts, including legal specialists, child protection officers, and policymakers. This process ensures that the revised norms and standards are comprehensive, evidence-based, and responsive to the real challenges faced in secure care centres nationwide.

Identifying gaps and strengthening policy

The current norms, formulated in 2010, were designed to address challenges identified at the time, alongside amendments to the Children’s Act (2007). However, as social dynamics change, so do the needs of children in secure care.

Linda Makhathini from the Department of Social Development emphasised the urgent need to update these policies. 

“The landscape has changed, and we need to identify gaps in the current norms and craft solutions that address today’s children’s needs.

“The policies of 2010 have served their purpose, and we must now develop new plans that reflect current realities,” Makhathini said. 

The workshop is focused on finalising the recommendations and addressing critical gaps in secure care centres, with key areas including:

• Children with disabilities: ensuring facilities and services are adequately equipped.
• Expanding multidisciplinary teams: some facilities are run primarily by social workers, child and youth care workers, and social auxiliary workers. However, additional professionals such as nurses, psychologists, and occupational therapists, among others, are needed.
• Legislative review: considering amendments to the Child Justice Act and the Children’s Act based on identified gaps. The Children’s Act, the Child Justice Act and international instruments are important pieces of legislation that complement and protect children in conflict with the law. International Instruments include the United Convention on the Rights of the Child and the optional protocol to the Convention against Torture, Cruel, Inhuman, Degrading Treatment, or Punishment.
• Infrastructure and operational improvements: addressing the tools of the trade, facility infrastructure, and service delivery enhancements.
• Provision for children with special needs: ensuring inclusivity and adequate resources for all children.
• Infrastructure compliance: ensuring facilities meet legal and operational standards.
• Safety protocols and crisis preparedness: ensuring facilities are ready to handle pandemics and other emergencies.

At the heart of the discussions is the principle that children’s rights include the right to basic care and safety.

The consultations have produced insights from experts across various fields, shaping recommendations for policy revisions.

One such policy revision focuses on managing challenging behaviour. The current norms allow for a child to be placed in isolation for up to two hours. However, in secure care settings, a child may only be separated from others if they pose a danger to themselves or others and for no longer than 24 hours.

During this time, the child must be under the direct supervision of a child and youth care worker, consulted by a social worker to provide support and help them regain control and dignity and lastly be provided with their basic needs, as overseen by the centre manager.

To ensure compliance with human rights standards, a new policy will replace the term “isolation”, which is often associated with solitary confinement, with a different term such as “separation”.

Makhathini also highlighted a benchmarking exercise, led by the Organisational Development Directorate, that will assess best and worst-performing centres to gather insights for future improvements.

A collaborative approach for effective change

Recognising the need for a holistic, multi-sectoral approach, the Social Crime Prevention Directorate has brought together 11 directorates to contribute to these discussions.

Participants include representatives from service standards, child protection, legal services, anti-substance abuse, security, organisational development, and persons with disabilities.

“We cannot take a unilateral approach or work in silos. It is crucial that all these directorates collaborate to ensure every aspect of secure care is addressed,” Makhathini said.

She emphasised the role social workers play in shaping policies, citing that their first experiences within these facilities are informing legislative drafting and shaping the next phase of reforms.

Towards a stronger, more inclusive secure care system

By updating the norms and standards, the Department of Social Development is reaffirming its commitment to protecting and rehabilitating children in conflict with the law.

This process ensures that secure care centres evolve to meet modern challenges, provide essential services, and uphold the rights of every child in need.

With meaningful engagement and collaboration, these reforms will strengthen South Africa’s child protection framework and create a more effective, compassionate system for children in secure care.

The workshop continues today, with recommendations set to be finalised and gazetted for public consultation. – SAnews.gov.za

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