The party has entered into a mentorship relationship with a pre-selected minor who is a ward of the state and statutorily in the care of a registered Child and Youth Care Centre. During the course of the relationship certain information, which may be of a personal and confidential nature, will be disclosed to the party concerning the child.
“Information” shall for the purposes of this agreement include, without limitation, the child’s socio-historic background and circumstances, the child’s past and present physical, mental, emotional and psychological health, circumstances that have led to the institutionalization of the child, the past and present circumstances and status of the child’s biological parents and family, past and present traumas that the child has sustained including physical, emotional, verbal, psychological and sexual abuse, mild to severe neglect and starvation, abandonment by a biological parent or family member, death of biological parents or family members, criminal history and status of biological parents or family members, past failed placements be they foster care, temporary safe care, or child and youth care centre placements, criminal activities and history of the child, psychological or psychiatric interventions that the child has undergone for specific conditions, educational status and development of the child including school reports and academic success or failure, the child’s HIV status, the HIV status of any of the child’s family including biological parents and siblings, and all information disclosed directly to the mentor by the child. “Confidentiality” shall for the purposes of this agreement be defined as the faithful and cautious keeping of confidential, sensitive, private and potentially harmful information pertaining to the child who is being mentored by the party. Confidentiality carries with it a burden of responsibility which is implied because of the high level of trust and privacy that is inherent in working with vulnerable children.
“Confidential Information” shall for the purposes of this agreement include, without limitation, all information which has the potential to harm the physical, emotional, mental or psychological well-being of the child through disclosure to the public, as well as all information pertaining to the socio-historic background of the child due to social work practices that require full confidentiality of any child’s matter where that child is a ward of the state or where a statutory investigation is underway with regards to the child’s social history and circumstances that have led to the child’s present situation. HIV status is strictly confidential, as is information pertaining to any psychological or emotional evaluations that the child is undergoing or has completed. If the child is on medication for any illness or disease, physical or psychological, this too is considered confidential, along with the illness or disease that the child is suffering from. Each mentor is expected to treat all information that is disclosed to him/her in a trustworthy, responsible manner and with full integrity.
3.DISCLOSURE OF INFORMATION
3.1 The party agrees that he/she will not, during the course of his/her association with the Bright Stars Mentorship Programme, or thereafter, disclose any confidential information to any third party for any reason or purpose whatsoever without the prior written consent of The Peace Agency, the statutory caregiver of the child, or the Bright Stars Mentorship Programme, save in accordance with the provisions of this agreement;
3.2 The party acknowledges that the best interests of the child are paramount in this relationship and that the child has a right to privacy with regards to his/her information as listed above;
3.3 The party further agrees to not disclose any identifying information on the child, or any information as defined above, on any social media platform, internet based programme, messaging service, sms service, email correspondence, telephonic correspondence or through physical interaction with any party who is not in the employ of The Peace Agency, the statutory caregiver of the child, or a part of the Bright Stars Mentorship Programme;
3.5 If the party introduces the child to his/her own family and friends in the course of the relationship, identifying information may be disclosed to those parties with caution and always with the verbal consent of the child;
3.6 The party agrees not to utilize, exploit or in any other manner whatsoever use the information disclosed to him/her for any purpose without the prior express written consent of The Peace Agency and the child’s statutory caregiver;
3.7 That the unauthorized disclosure of confidential information to a third party may cause irreparable loss, harm and damage to the child, The Peace Agency, the child’s statutory caregiver, and the Bright Stars Mentorship Programme and may result in closure of any of the above and the removal of the child to another facility;
3.8 That the party notify the Bright Stars Mentorship Programme Management and the child’s statutory caregiver in the event that the child discloses confidential information to him/her especially with regards to present circumstances which are harmful to the well-being of the child; in this manner accountability for the information can be established and recorded and necessary action can be taken to secure the child’s well-being;
4.PHOTOGRAPHIC AND VIDEO MATERIAL
The party acknowledges and agrees that:
4.1 No photograph or video may be taken, or made, of the child without the child’s verbal consent;
4.2 No photograph or video of the child may be disseminated or distributed on any social media platform, internet based programme, messaging service, mms service, email correspondence or through physical interaction with any party who is not in the employ of The Peace Agency, the statutory caregiver of the child, or a part of the Bright Stars Mentorship Programme.
Any failure by the party to uphold or adhere to this agreement will result in immediate exclusion from the Bright Stars Mentorship Programme and the reporting of the matter to the relevant authorities for investigation and action should this be necessary.
This agreement contains the entire agreement of the party with respect to the subject matter of this agreement and supercedes all prior agreements between the parties, whether written or oral, with respect to the subject matter of this agreement.
7.GOVERNING LAW and TERM OF AGREEMENT
7.1 This agreement and the relationship of the party in connection with the subject matter of this agreement shall be governed and determined in accordance with the laws of South Africa;
7.2 This agreement shall commence upon the date of signature by the party (“the effective date”) to this agreement and shall continue to bind the party until such time as the party withdraws from the Bright Stars Mentorship Programme or the relationship between the party and Bright Stars Mentorship Programme is dissolved by mutual agreement.
8.ADDRESS FOR SERVICE OF LEGAL DOCUMENTS