STAKEHOLDER 1UNACCOMPANIED REFERRAL PROTOCOL FOR USMC IN SA Unaccompanied children are children who have been separated from both parents and other relatives and who are not being cared for by an adult who, by law or custom, is responsible for doing so. The UN Convention Relating to the stateless person (including children) as a person who is not considered a national (citizen) by any State under the operation of its laws. Stateless children may or may not have a birth 4 UNDOCUMENTED An undocumented child is a child who does not have documentation in the passport/permit. An undocumented child is not stateless, unless they are also not recognised as a citizen by any country in the world. Separated children are children who have been separated from both parents or their previous legal or customary caregiver, but not necessarily from other relatives. THE FOUR KEY PRINCIPLES OF CHILD RIGHTS IN INTERNATIONAL LAW (UNCRC) AND SOUTH AFRICAN LAW (WHICH SHOULD ALWAYS BE UPHELD BY GOVERNMENTS) ARE: The following Children are the Children that can be referred using the Referral Route map as they are considered to be vulnerable children in need of Care and protection. 3 STATELESS 2 SEPARATED 5 MIGRANT a child who is not a citizen of the Republic of South Africa and includes stateless children. • • • • Non-discrimination/equality The best interests of the child Survival and development Child participation. If any of these category of children is identified in the community alone they should be referred using the referral road map that is at the back of this page. KEY ORGANISATIONS TO WORK WITH NO DISTINCTION OR DISCRIMINATION MAY BE MADE BETWEEN ANY OF THE ABOVE CATEGORIES OF CHILDREN AND DOCUMENTED SOUTH AFRICAN CITIZEN CHILDREN. According to the High Court of South Africa: “The Children’s Act does not exclude non-nationals (whether legally or illegally in the country) from its ambit. Nor does it exclude them from the jurisdiction of the children’s court”. CHILDREN IN NEED OF CARE AND PROTECTION A child in need of care and protection may not be detained nor deported. A Children’s Court enquiry should be initiated, a social worker must be appointed and the child’s safety must be assured at all times. IDENTIFICATION Anyone can identify an unaccompanied & separated child. ASYLUM CLAIM If a child has asylum claim, Social Worker to support the child through the DHA asylum/refugee processes. If the family is in RSA, DSD or CPO in the province where the family resides conducts family assessment. Social Worker verifies the information with community members or school if applicable. If reunification is not possible with the first family, other family members are assessed. DSD or CPO confirms with both the family and the child if willing to be reunified. CASE DOCUMENTATION REFERRAL DSD Social Worker: • Receives & registers a child into database. • Assesses the child within 72 hours. • Makes arragnements with local Place of temporary Safe Care. • Provides information about options in South Africa and counselling. • Investigates the child’s situation within 90 working days and compiles an assessment in preparation for the Children’s Court. Contact DSD Social Worker / Social Worker from Designated CPO If DSD/Designated Social Workers is not reachable, contact SAPS or other partners for support such as the InterAgency Working Group members. FAMILY TRACING While the child is placed in Temporary Safe Care: • DSD or CPO ensures that the Child’s Court Enquiry is opened. • A child is provided with personal identifying documents as soon as possible. • DSD or CPO requests a family tracing from ISS focal person. TEMPORARY SAFE CARE PLACEMENT If assessment show possible exposure to trauma refer/provide the child with/for MHPSS • • • REPATRIATION • If the Children’s Court decides to repatriate a child back to the country of origin for alternative care: • DSD through ISS requests the country of origin to arrange suitable alternative care for a child in the country of origin. • Once arrangements are made, DSD escorts a child to the border post/airport or predetermined place. • Upon arrival in the country of origin, responsible authorities escort the child to alternative care location. ALTERNATIVE CARE OPTIONS If the Children’s Court decides that family reunification is not in the best interest of the child, alternative care arrangements to be made. This includes: • Foster Care • Temporary Safe Care • Cluster Foster Care • Supervised independant living • Child & Youth Care Centre www.lhr.org.za • Department of social development • South African Police service • Save the children South Africa • Future families • Lawyers for human rights • Cormsa • UNHCR • UNICEF • IOM DSD or CPO places a child at the Temporary Place of Safe Care where her/his basic needs are filfilled. A child’s access to services, including education and psychosocial care, should be guaranteed. Social Worker ensures that a child has a road to health care chart. Social Worker or CPO assesses the child and develops Individual Care CASE MANAGEMENT Case Manager makes recommendation for the Children’s court to make a decision on the best interest determination based on child & family situation. www.savethechildren.org.za | 41