Prevention and Combating of Trafficking in Persons Act, 2013 (Act No. 7 of 2013)RegulationsRegulations under section 43(3)Part 1 : Regulations2. Assessment of a child suspected of being a victim of trafficking |
| (1) | A provincial department of social development must ensure that an assessment is made whether a child referred to in section 18(5) of the Act is a victim of trafficking, after taking into account the information received from the South African Police Service as set out in a notification in terms of section 110(4)(b) or 152 of the Children’s Act. |
| (2) | A provincial department of social development, receiving a child transferred by a police official in terms of section 18(4) or who has been referred by the prosecution in terms of section 22(2)(b) or who has been identified upon entry to the Republic in terms of section 33(b)(iv) of the Act, must— |
| (a) | complete the details of the child victim in a dedicated register that corresponds substantially with Form 1 in PART 2. |
| (b) | enter the details of the police official reporting the victim in a dedicated register; |
| (c) | make an assessment of the report as provided for in section 110(5)(b) of the Children’s Act; |
| (d) | consider the presence of indicators of abuse contained in the Broad Risk Assessment Framework as provided for in regulation 35(2) of the General Regulations Regarding Children, 2010, and other indicators to guide decision-making in the provision of designated child protection services. |
| (3) | If the child is suspected of being a victim of trafficking, the provincial department of social development must refer the child to a designated social worker to conduct the investigation to establish whether or not the child is a victim of trafficking and in need of care and protection in terms of section 150 of the Children’s Act. |
| (4) | The designated social worker must, in his or her investigation contemplated in subregulation 3— |
| (a) | establish the facts surrounding the circumstances giving rise to the child being trafficked; |
| (b) | where the child’s guardian or parent is identified, immediately notify such guardian or parent of the child victim, subject to considerations of safety and security of the child; |
| (c) | if possible, evaluate the child’s parental circumstances including parental characteristics, mental stability, maturity, physical or emotional impairment, substance and alcohol abuse, capabilities, temperament, employment status, level of support given to the child; |
| (d) | if possible, evaluate the child’s family circumstances, including family violence, inappropriate discipline, dependency, marital status; |
| (e) | evaluate the child’s environmental circumstances, including poverty, homelessness, isolation, mobility of the parents; |
| (f) | identify the level of risk that the child may be exposed to, including any gender related needs; |
| (g) | identify actual and potential protective and supportive factors in the home and broader environment to minimise risk to the child; and |
| (h) | decide on the appropriate protective measures or intervention as provided for in the Act. |
| (5) | the designated social worker referred to in subregulation 4 must, based on the assessment and investigation, compile a report which is to be presented before the Children’s Court within 90 days of investigation. |
| (6) | The Children’s Court must make a determination on whether the child is in need of care and protection and issue an order placing a child in care within the Republic for the duration of the court order and a copy of the said order must be handed to the investigating police official and the prosecutor dealing with the matter. |