Vol. 404, No. 19730, 3 February 1999
Regulation Gazette, No. 6424
No. R. 119
GOVERNMENT NOTICE
DEPARTMENT OF WELFARE
REGULATIONS UNDER THE CHILD CARE ACT, 1983 - AMENDMENT
The Minister for Welfare and Population Development has, in terms of section 60 of the Child Care Act, 1983 (Act No. 74 of 1983), made the regulations in the Schedule.
SCHEDULE
Definitions
1. In these regulations "the Regulations" means the regulations published by Government Notice No. R. 2612 of 12 December 1986, as amended by the regulations published by Government Notice No. R. 416 of 31 March 1998.
Amendment of regulation 6 of the Regulations
2. Regulation 6 of the Regulations is hereby amended by the substitution for subregulation (1) of the following subregulation:
"(1) Any written notice or a summons required to be served in terms of these regulations or in terms of any provision of the Act on any person in respect of which no special method of service is prescribed in the Act or these regulations may be served by a police officer or an authorised officer mutatis mutandis as if it is a summons to appear in order to give evidence in a criminal case in a magistrate's court, or, except in the case of a notice referred to in section l9A of the Act, by the clerk of the children's court concerned by posting a copy of the notice or summons by registered mail to the postal address of the person to whom the notice or summons is directed.H.
Insertion of regulation 18A in the Regulations
3. The following regulation is hereby inserted after regulation 18 of the Regulations:
"Parental duties
1 8A. A parent shall, for the purposes of section l9(b)(vii) of the Act, be deemed to have failed to discharge his or her parental duties with regard to the child if the parent has, without good cause, failed -
- in the case of the father of the child, to contribute towards the reasonable prenatal and delivery medical expenses incurred in respect of the child or any other expenses directly connected with the medical care provided to the mother of the child in respect of the pregnancy or the birth of the child;
- to maintain or to contribute towards the maintenance of the child; and
- in the case of a parent having custody of the child, to care for the child.".
Amendment of regulation 21 of the Regulations, as substituted by regulation 20 of the regulations published by Government Notice No. R 41C of 31 March 1998
4. Regulation 21 of the Regulations, as substituted by regulation 20 of the regulations published by Government Notice No. R. 416 of 31 March 1998, is hereby amended by -
(a) the addition in subregulation (1) of the following paragraph:
"(d) Notwithstanding the provisions of paragraph (b), the contents of a report referred to in subregulation (a) shall not disclose details relating to the identity or whereabouts of the proposed adoptive parents or of the child, if he or she is already in their custody, without their prior written approval, unless required by court.".
(b) the insertion after subregulation (5) of the following subregulations:
"(5A) As application to the children's court contemplated in section l9(A)(9) of the Act shall be made within a period of 14 days of the mothers refusal to grant consent in terms of section 11(4) of the Births and Deaths Registration Act, 1992 (Act No. 51 of 1992).
(5B) A natural father of a child born out of wedlock contemplated in section l9A(9) of the Act shall, within a period of seven days of the granting of the order, cause an amendment to be effected to the registration of birth of the child, as contemplated in that section.
(5C) A natural father of a child born out of wedlock contemplated in subregulation (5B) shall, within a period of seven days of making an application for the amendment of the registration of birth of the child, in wry give notice of such application to the clerk of the children's court in which the application for the adoption of the child was made, providing details of the date and place where such application for the amendment of the registration of birth of the child was made.
(5D) A natural father of a child born out of wedlock contemplated in section l9A(8) of the Act shall, within a period of seven days of making an application for the amendment of the registration of birth of the child, in writing, give notice of such application contemplated in section l9A(l) of the Act to the commissioner, providing details of the date and place where such application was made.".
Commencement
5. These regulations shall come into effect on 4 February 1999.