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A Study of Shelters for Street Children from an Organizational ...

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Table 6: Registered Shelter <strong>an</strong>d Government Funding Per Child <strong>for</strong> a Day<br />

Shelter Date Registration Capacity Funds<br />

Established Status Received<br />

A 1996 Shelter 6-15 R. 4.50<br />

B 1989 <strong>Children</strong>'s 30-40 R.75.00<br />

home<br />

C 1993 <strong>Children</strong>'s 60-70 R.75.00.<br />

home<br />

D 1996 Shelter 60-70 R.4.50<br />

Funding is a crucial issue with shelters <strong>an</strong>d impacts on the whole exercise <strong>of</strong> getting<br />

children living <strong>an</strong>d/or working on the streets out <strong>of</strong> the street. This situation will ch<strong>an</strong>ge<br />

once the South Afric<strong>an</strong> <strong>Children</strong>'s Draft Bill <strong>of</strong> 2002, designed to amend the Child Care<br />

Act (1983) is enacted into law <strong>an</strong>d hopefully implemented particularly chapter 16<br />

because it recognises <strong>an</strong>d addresses the issues relating to children with special difficult<br />

circumst<strong>an</strong>ces, while chapter 17 deals with the registration <strong>of</strong> shelters <strong>an</strong>d drop-in<br />

centres (http://www.pmg.org.za/overview/billsprogress.htm: 23/212004).<br />

4.2.11 Child Care Act (1983) <strong>an</strong>d Registration <strong>of</strong> <strong>Shelters</strong><br />

<strong>Shelters</strong> <strong>for</strong> children living <strong>an</strong>d/or working on the streets fall under the South Afric<strong>an</strong><br />

Child Care Act <strong>of</strong> 1983; however children in shelters might have been subjected to<br />

other laws depending on their circumst<strong>an</strong>ces while living on the streets. The Child Care<br />

Act 1983 was amended in 1996 to bring in new dimensions regarding the authority <strong>of</strong><br />

the children's courts which placed children in difficult circumst<strong>an</strong>ces in places <strong>of</strong> safety<br />

or children's homes. Under the Act, a social worker or law en<strong>for</strong>cement agents c<strong>an</strong><br />

bring a child who is proved to have lost parents or guardi<strong>an</strong>s be<strong>for</strong>e the court. The<br />

court has jurisdiction <strong>an</strong>d m<strong>an</strong>date to place such a child in a place <strong>of</strong> safety. The<br />

process gives a child no choice either to be or not in children's home. The law places<br />

the child there <strong>an</strong>d absconding is treated very seriously. The Child Care Act does not<br />

mention children living <strong>an</strong>d/or working on the streets <strong>an</strong>d their difficult circumst<strong>an</strong>ces.<br />

The omission is signific<strong>an</strong>ce because shelters, unless they c<strong>an</strong> convert themselves into<br />

children's homes they remain outside the legislative mech<strong>an</strong>ism. The Act would have<br />

to be amended to give recognition to children living <strong>an</strong>d/or working on the streets as<br />

children in a category <strong>of</strong> their own. The dilemma is the notion which accords children<br />

63

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