Ashley TheronAshley TheronDept of Social DevelopmentDept of Social Development

Presentation to the Justice Portfolio Committee on Presentation to the Justice Portfolio Committee on the implementation implications of the Child the implementation implications of the Child

Justice Bill for the National & Provincial Justice Bill for the National & Provincial Departments of Social DevelopmentDepartments of Social Development

February 2003February 2003

Scope of PresentationScope of Presentation Introduction & BackgroundIntroduction & Background Progress madeProgress made Statistics Statistics Key DSD responsibilities: Key DSD responsibilities:

Probation ServicesProbation ServicesDiversionDiversionChildren in detentionChildren in detention

MTEF allocationsMTEF allocations ChallengesChallenges Way forwardWay forward

• 1995:1995: •Uncoordinated release of 2000Uncoordinated release of 2000 Children Children awaiting trial in prison/police cells awaiting trial in prison/police cells to to Places of Safety. Social DevelopmentPlaces of Safety. Social Development could could not handle number of children.not handle number of children.•No secure care centres in South AfricaNo secure care centres in South Africa

• 1996: 1996: 80 social workers doing probation work80 social workers doing probation work• DiversionsDiversions mostly done by Nicro:approx 3565 mostly done by Nicro:approx 3565 per yearper year

Historical backgroundHistorical background

• Inter Ministerial CommitteeInter Ministerial Committee: - various pilots: one stop : - various pilots: one stop child justice centre, reception, assessment and referral child justice centre, reception, assessment and referral centre, family group conferencing & life centrescentre, family group conferencing & life centres• R 33 million from RDP fundsR 33 million from RDP funds to provide for to provide for secure care secure care centres in each provincecentres in each province• Amended Child Care ActAmended Child Care Act to include secure care to include secure care• TrainingTraining of , probation officers, social workers and child of , probation officers, social workers and child and youth care workersand youth care workers• Home based supervisionHome based supervision programs for children programs for children awaiting trialawaiting trial

Progress madeProgress made

• Personnel Admin StandardsPersonnel Admin Standards for probation officers and for probation officers and child and youth care workers child and youth care workers

• Professional BoardProfessional Board for Probation Services; for Probation Services; • Specific Specific tertiary qualificationstertiary qualifications for probation for probation officers officers

and child and youth care workersand child and youth care workers• Probation Services Amendment ActProbation Services Amendment Act, 35 of 2002, 35 of 2002• Substantial Substantial increase in diversionincrease in diversion programmes programmes • Increase in no Probation Officers (including generic Increase in no Probation Officers (including generic

social workers rendering probation services: from 80 to social workers rendering probation services: from 80 to 525 - practitioners only525 - practitioners only

• Presentations made at DSD/Treasury 10X10 and Joint Presentations made at DSD/Treasury 10X10 and Joint MinMEC meetingsMinMEC meetings

Progress madeProgress made

Progress made - Donor FundingProgress made - Donor Funding• Appointment of assistant probation officers, Appointment of assistant probation officers,

Increase no children awaiting trial in home based Increase no children awaiting trial in home based supervision supervision R5mR5m

• Support for the Integrated Justice System Support for the Integrated Justice System R3mR3m• Services to child victimsServices to child victims R1,5mR1,5m• Establishment of Probation Services Board Establishment of Probation Services Board

and Standard Generation Bodyand Standard Generation Body R0,83mR0,83m• Training of Probation & Ass probation officersTraining of Probation & Ass probation officers R1mR1m• Children in detention: programs, services etcChildren in detention: programs, services etc R6mR6m• Minimum standards for diversion Minimum standards for diversion R1mR1m• Training Family Group Conferencing & Training Family Group Conferencing &

Restorative JusticeRestorative Justice R0,8mR0,8m• Running costs Running costs R1mR1m

Total: R20mTotal: R20m

217

773

120

589

296

815

121

592

0

100

200

300

400

500

600

700

800

900

Jun 02 N=1914 Jul 02 N=2044

MPUMALANGAKWAZULU-NATALEASTERN CAPEGAUTENGLIMPOPONORTHERN CAPEFREE STATENORTH WESTWESTERN CAPE

Dept Soc Dev: Provincial breakdown: Children Awaiting Trial

Comparison of July 2002 StatsSocial Dev & Correctional Services:

More children in DSD facilities

Probation ServiceProbation Service

• Assessment of child Assessment of child offenders including family offenders including family finding; Pre-trial reportsfinding; Pre-trial reports

• Provide for diversion Provide for diversion programs or conversion into programs or conversion into children’s court inquirychildren’s court inquiry

• Investigate circumstances of Investigate circumstances of an accused personan accused person

• Pre-sentence reportsPre-sentence reports, , supervision of pre-trial and supervision of pre-trial and sentenced childrensentenced children

• 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)

Current functionsCurrent functions New functionsNew functions

Probation Services: Reception, Assessment and Referral, and One-Stop CentresProvince Current Planned

EC 1 OSC

4 RARs

FS 1 OSC 5 RARs

GT 4 RARs

KZN 2 RARs

LP 1 RAR 1 OSC

MP 2 RARs 4 RARs

NC 5 RARs

1 OSC

19 RARs

NW 10 RARs 12 RARs

WC 26 RARs 3 RARs

TOTAL 53 RARs

3 OSCs

43 RARs

1 OSC

DiversionDiversion

Current situation:Current situation:• UN Child Justice UN Child Justice Project: Provincial Project: Provincial Indabas held to Indabas held to encourage encourage development development of of programs and auditprograms and audit of programs)of programs)• Data BaseData Base

Planned:Planned:• Min StandardsMin Standards• Data Base-maintainData Base-maintain• Equal access / Equal access / increase increase

in diversion in diversion programs programs in urban & rural areasin urban & rural areas• WebsiteWebsite• Monitoring of programsMonitoring of programs• Network of volunteers Network of volunteers in nodal points to in nodal points to support diversion support diversion programs programs

Services and Services and ProgrammeProgrammeper provinceper province(including(includingDiversion)Diversion)

Western Cape: Services and ProgramsWestern Cape: Services and Programs Assistant Probation Officers (10) Family Finding Diversion Programs Developmental Assessments Crime Prevention Programs Supervision services-PO Home based supervision program (House Arrest) Youth Empowerment Camps 20 RAR Services

Western CapeWestern Cape

Services and programmes Present No of children

Home-based supervision 4 128 pm

Diversion YES

SayStop

Nicro

3216

(Excluding Nicro)

Crime Prevention Programmes

10 4200

Services to children in Prisons

12 558

Family Conferencing 5 300

Mpumalanga: Services and ProgramsMpumalanga: Services and Programs Assistant Probation Officers (21) Newly created Probation Officer posts Family Finding Diversion Programs (Dept & Nicro) Family Group Conferencing Developmental Assessments Life Skills programmes Drug & Alcohol Prevention Programs Crime Prevention Programs Supervision services Monitoring of cases-home visits Visits to SAPS & DCS Holding facilities

Mpumalanga ProvinceMpumalanga Province

Services and programmes

Present No of children

Diversion VOM, YES 962

Family Conferencing 1 programme

Visits to prisons and police cells

Done by 21 Assistant

POs

Say no to drugs programme in schools

Continuous

Placement under supervision of PO

4 districts 300

Limpopo : Services and ProgramsLimpopo : Services and Programs

Assistant Probation Officer (1) Family Finding Diversion Programs-Dept & Nicro Developmental Assessments Drug & Alcohol Prevention Programs Crime Prevention Programs Supervision services Monitoring of cases Visits to SAPS & DCS Holding facilities

Limpopo ProvinceLimpopo Province

Services and programmes

Present No of children

Diversion VOM, YES, Youth Offender

School

3150

(Only 4 districts)

Family Conferencing 1 programme

Visits to prisons and police cells

89 police cells and 4 prisons

Say no to drugs programme in schools

Continuous

Placement under supervision of PO

2040 children

Gauteng: Services and ProgramsGauteng: Services and Programs Probation Services

RAR services Diversion programs

NGO Partnerships…continue Nicro :- Diversion Programs-different Youth for Christ:- Monitoring of CAT in DCS facilities; Life Skills; Spiritual & personal enrichment Othandweni:- serve as guardians for children whose parents cannot be traced; res services for CAT; rehabilitation services; diversion services Life Line:-Monitor Police cells

Gauteng: Services and ProgramsGauteng: Services and Programs NGO Partnerships…continue

Dyambu Youth Dev Centre:- Diversion (Sexual offender program& Breaking cycle of violence) Occupational Therapy & Psych Services Trauma Debriefing Skills Training- program reg with Seta Entrepreneurial skills Linking children to resources after

acquittal (e.g. employment agencies, education)

Assistant Probation Officer X1 Alexandra (pilot)

KZN: Services and ProgramsKZN: Services and Programs Pietermaritzburg RegionPietermaritzburg Region Probation Services:

RAR services Diversion Social Aux Worker seconded to DSC facility– family/

home finding, dev programs Residential care programs:

Health & Therapeutic Developmental assessments

Youth Justice forum

KZN: Services and ProgramsKZN: Services and Programs Durban Region Region Probation Services:

RAR services Diversion Child & Youth Care Workers seconded to DSC facility:–

Action plan for Westville YDC Training & Capacity building (Dev Assessment; VOM;

FGC; Fam Pres; Rest Justice; Residential care programs:

Health & Therapeutic; Abet; Poverty Red Program; Violence prevention

Developmental assessments

KZN: Services and ProgramsKZN: Services and Programs Midlands RegionMidlands Region Probation Services:

RAR services Diversion programs Visits to CAT in DCS facilities Education & Life Skills Programs

NGO Partnerships:Khulisa Ubuntu Workshop-train youth leaders

as mentors Planned appointments 55 POs

N/Cape: Services and ProgramsN/Cape: Services and Programs NGO Partnerships

Nicro :- Diversion Programs (YES, Journey, Pre-trial; FGC; Crime Prevention

NG Welsyn:- Diversion program (Youth in action)

Parenting Skills program Famsa:- School based life skills programs Life Line:-Monitor Police cells ACVV:- Diversion programs MOO:- Diversion programs People against misuse(P.A.M):- Crime prev & Early Intervention Programs Nehemia Spiritual Group:- Recreational programs

N/Cape: Services and ProgramsN/Cape: Services and Programs Probation Services:

RAR services Diversion programs ADP Life Centre Prof Foster Care

Residential care programs: Health & Therapeutic Developmental assessments Vocational skills Parental skills VOM ( SW & CYCW)

N/Cape: Services and ProgramsN/Cape: Services and Programs NGO Partnerships

NGO Area Type of Program

Nr. of children involved 2002

Nicro Kimberley, De Aar, Upington, Springbok, Okiep

Diversion 3 647

NG Welsyn Kimberley Parenting skills 20

FAMSA Upington Life skills

ACVV Kimberley, Upington Diversion

Noupoort Community Dev. Prog.

Noupoort Diversion 35

People against misuse

Victoria West Crime Prevention Prog

Nehemia Spiritual Group

Prieska Recreational Crime Prev.

N/Cape: Services and ProgramsN/Cape: Services and ProgramsProbation Services:

Residential care programs:

Services Area Type of services/prog.

Nr. of children involved 2002

RAR services Provincially R.A.R. ± 2 350

Diversion Programs Provincially Diversion 3 686

ADP Life Centre Kimberley area Life skills 231

Prof. Foster Care Kimberley, Douglas, Hartswater

22

Services Area Type of services/ prog.

Nr. of children involved 2002

Health & Therapeutic KBY, Upington Therapeutic 182

Developmental Ass. KBY, Upington Assessment 182

Vocational skills KBY, Upington Vocational skills 45

Parental skills Kimberley area Parenting skills 22

VOM (SW & CYCW) Kimberley V.O.M. 14

North West: Services and ProgramsNorth West: Services and Programs Probation Services:

RAR services Diversion programs Family Preservation Programs Training & Capacity building (Dev Assessment; VOM;

FGC; Fam Pres; Rest Justice) House Arrest Program- Lichtenburg

Residential care programs: Health & Therapeutic Developmental assessments

N/West: Services and ProgramsN/West: Services and Programs NGO Partnerships

Nicro :- Diversion Programs (YES, Journey, Pre-trial; FGC; Crime Prevention)

SAVF:- Life Skills programs Teenagers Against Drug Abuse (TADA) Programs

North West ProvinceNorth West ProvinceServices and programmes Present No of children

Home-based supervision 4 128 pm

Diversion YES, Nicro

SayStop

Journey

Public Procecutor runs a diversion

programme

3216

(Excluding Nicro)

Crime Prevention Programmes 3000

Services to children in Prisons 348

Family Conferencing 200

Life Centres 1 40 pm

Family Preservation programme

1 60

Free State: Services and ProgramsFree State: Services and Programs Probation Services:

RAR services Diversion programs Developmental assessments

Residential care programs: Health & Therapeutic Developmental assessments & IDP’s Life Skills Recreational Skills Development

Free State: Services and ProgramsFree State: Services and Programs NGO Partnerships

Nicro :- Diversion Programs (YES, Journey, Pre- trial; FGC; Crime Prevention) Assessments

Free StateFree StateServices and programmes Present No of children

Home-based supervision Planned

Diversion YES, Nicro

Journey

1440

Planned appointments of POs 5 Pos

10 APOs

Services to children in Prisons 233

Family Conferencing

Life Centres 1 40 pm

Family Preservation programme

1 60

E/Cape: Services and ProgramsE/Cape: Services and Programs NGO Partnerships

Nicro :- Diversion Programs (YES, Journey, Pre-trial Comm Service; FGC; Say Stop; Community Service Orders; VOM

Nicro: Training of service providers in VOM One Stop Youth Justice Centre

Relocation to Nerina House POS Services:

RAR services Probation services Community Crime prevention programs School based Parenting skills programs

E/Cape: Services and ProgramsE/Cape: Services and Programs Probation Services:

RAR services Diversion programs Pres Awards-Choices Home Supervision Program- Engcobo

Residential care programs: Health & Therapeutic Developmental assessments Life skills Parental skills Comm Based Programmes Art

E/Cape: Services and ProgramsE/Cape: Services and Programs DCS Residential care programs:

Secondment of CYCW to St Albans Family finding Monitoring CAT Dev Programs

Assistant Probation Officers x9

No of PO per Prov

1996 2002

PO & or Generic SW

2002

Est of f/time equiv posts

required

2005

Est of f/time equiv posts

required

EC 11 78 103 100

FS 4 55 (10) 30 58

GT 15 77 67 299

KZN 20 82 57 147

LP - 32 30 50

MP - 23 (22) 49 69

NC 2 55 35 45

NW - 29 24 74

WC 28 94 95 232

TOTAL 80 525 490 1072

No of PO per Prov

1996 2002

PO & or Generic

SW

2002

PO

appointed

2002

Est of f/time equiv

posts req

2005

Est of f/time equiv

posts req

EC 11 78 71 103 100

FS 4 55 10 30 58

GT 15 77 45 67 299

KZN 20 82 28 57 147

LP - 32 25 30 50

MP - 23 0(22) 49 69

NC 2 55 21 35 45

NW - 29 15 24 74

WC 28 94 60 95 232

TOTAL 80 525 275 490 1072

Personnel: Assistant Probation Personnel: Assistant Probation officersofficers

Province 1999 2000 2001 2002 2003 2004 2005

Eastern Cape 0 0 0 10 15 18 22Free State 5 6 8 10 13 17 19Gauteng 0 0 0 2 2 60 118KwaZulu Natal 0 0 9 9 33 41 49Limpopo 0 2 1 5 25 25 25Mpumulanga 0 21 21 21 27 30 33Northern Cape 0 0 0 14 14 14 15North West 0 0 0 2 15 33 49Western Cape 5 10 10 10 40 49 59

Total 10 39 49 83 184 287 389

Table 3.4: Assistant probation officers involved in the provision of probation services in the province: Actual and estimated number 1999 - 2005

Children in detentionChildren in detention

• Provide secure care facilities and places of safety and detention for children awaiting trail

Current and New functionCurrent and New function

Province 2002 2003 2004 2005

Total 2,046 2,412 2,826 3,145

Total number of places to be provided for MTEF Period

TYPE OF CENTRES POS Secure

CareYouth Centres

Total SC Centres to be built

EC 2 1 5 1

FS 1 1 2 1

GT 3 2 2 7

KZN 5 1 1 7 1

LP 1 1

MP 1 1

NC 1 2 3

NW 1 1 2

WC 3 1 1 5 1

TOTAL 16 11 4 31 4

Feb-03MPUMALAN

GA Hendrina Child and Youth Care

Centre.

71

TOTAL 71

Excelsior Place of Safety in

Pinetown

84

Valley View Place of Safety in 6

Ocean View Place of Safety in 9

Greenfields Place of Safety in

Greytown

1

Pata Place of Safety in

Pietermaritzburg

11

Newcastle RAR 42

Ngweezana Place of Safety 1

TOTAL 154

Enkuselweni Secure Care Centre in 43

Erica Child and Youth Care Centre in 15

Protea Child Care Centre in PE

TOTAL 58

Dyambu Youth Centre in

Randfontein

605

Walter Sisulu Child and Youth Care

Centre in Diepkloof

78

Protem Detention Centre in Cullinan 84

J abulani Detention Centre in 91

Norman House Place of Safety in

Edenvale

4

Tutela Place of Safety in Pretoria 11

Van Ryn Place of Safety 0

TOTAL 873

LIMPOPO Pietersburg Secure Care 12

TOTAL 12

PROVINCEDSD FAC ILITIES C URRENTLY

ACC OMMODATING CHILDREN

AWAITING TRIAL

KWAZULU-

NATAL

EASTERN

CAPE

GAUTENG

Feb-03

Molehe Mampe Secure Care Centre

in Galeshewe

65

Marcus Mbetha Sindisa Secure Care

Centre in Upington

34

Lerato Place of Safety in K imberley 68

TOTAL 167

Tshirilotsong Place of Safety in

Bloemfontein

30

Matete Matches Secure Care Centre

in K roonstad

40

TOTAL 70

Reamogetswe Secure Care Centre 25

House Arrest Projec ts(home based

Pabalelo Place of Safety in Odi 2

TOTAL 27

Bonnytoun House in Cape Town 160

Outeniekwa House in George 76

The Horizon Youth Centre in Faure 163

Vredelust House 10

L indelani Place of Safety 46

House Arrest Projec ts 128

TOTAL 583

GRAND TOTAL 2015

DSD FAC ILITIES C URRENTLY

ACC OMMODATING CHILDREN

AWAITING TRIAL

WESTERN

CAPE

NORTHERN

CAPE

FREE STATE

NORTH

WEST

PROVINCE

NUMBER OF CAT IN DSD CENTRESPlaces of

SafetySecure Centres

Total

EC 27 126 153

FS 20 39 59

GT 35 855 890

KZN 27 126 153

LP 12 12

MP 71 71

NC 65 92 157

NW 5 25 30

WC 126 323 (+ 128) 449 (+128)

TOTAL 305 1669 (+128) 1974 (+128)

Children in detentionChildren in detention

• Manager to ensure:Manager to ensure:• Training staff in places of safety, secure Training staff in places of safety, secure care care and youth development facilitiesand youth development facilities• Projects and services to children in Projects and services to children in detention detention • Monitoring of children awaiting trialMonitoring of children awaiting trial• Inter-sectoralInter-sectoral projectsprojects• Coordination of all secure care related Coordination of all secure care related businessbusiness

Budget Estimates for YJ processesProvince

R’000

2002 Projected

2003

Indicative

2003

Difference

EC 13291 14923 12082 1841

FS 7904 19675 13650 6025

GT 42003 51401 65000 5599

KZN 29463 29362 65853 36491

LP 6933 7991 6674 1315

MP 7738 8808 11253 2445

NC 4770 11082 9000 2082

NW 8390 16236 6368 9868

WC 53367 66486

Total 525 673 760 835

2002 2003 2004 2005

Total 50,475 64,320 73,414 79,046

Nr of Probation officers

Increase in assessments

Total 0 76,550 105,543 136,436Preliminary inquiries

Total 30,937 55,174 69,461 81,855Increase in diversions

Implementation implications for SocialImplementation implications for SocialDevelopment over MTEF periodDevelopment over MTEF period

Financial implications for Social Financial implications for Social Development over MTEF periodDevelopment over MTEF period

Total 2,766 6,334

2003 2004 2005 TOTALTOTAL

Total 52,827 85,342 115,979 254,148

National DepartmentNational Department

Provincial Provincial DepartmentsDepartments

1,758 1,810

• Channelling of Provincial MTEFChannelling of Provincial MTEF allocationsallocations• Sufficient innovative diversion programmes and Sufficient innovative diversion programmes and

services to cover both rural and urban areasservices to cover both rural and urban areas• Monitoring and implementation strategies at Monitoring and implementation strategies at provincial levelprovincial level• Well trained inter-sectoral teams at all levelsWell trained inter-sectoral teams at all levels• Proper information management systemsProper information management systems

ChallengesChallenges

Formalise inter-departmental Service Level Agreements

Implement Amendments to Probation Services Bill

Strengthen Inter-Sectoral Committee on Child Justice

Roll-out: Home based supervision program

Appointment of probation and assistant probation officers

Way ForwardWay Forward