Section 153 of The Children Act CAP 141: Care order and grounds thereof
(1) In this section "care order" means an order entrusting the care, control and custody of the child to a person other than the parent, guardian or custodian of the child, or an institution appointed by the Court.
(2) A Court may make a care order in respect of a child only if it is satisfied that—
(a) all possible alternative methods for assisting the child have been unsuccessful, and that it is in the best interests of the child to make the order;
(b) the child concerned is suffering or is likely to suffer substantial harm, and that the harm, or probability of harm, is attributed to—
(i) the care given, or which is likely to be given, to the child if the order were not made, such care not being of the nature that is reasonably expected of a parent; or
(ii) the child being beyond the control of his or her parent, guardian or other person who has parental responsibility in respect of the child;
(c) the danger to which the child is exposed is so severe as to require his immediate removal from the place where he or she is for the time being resident.
(3) Where a Court makes a care order or an interim care order in respect of any child, the Court may include in the order such conditions, restrictions or directions as the Court deems fit relating to—
(a) the enforcement of the order by any person; or
(b) the conduct of the child or any person named in the order.
(4) In making the care order, the Court shall, as far as is reasonably practicable, entrust the child to the care of a person who professes, or to an institution founded on, the child’s religious faith.
(5) Where a child has a disability, the Court shall, as far as is reasonably practicable, entrust the care of the child to a person or institution that is suitably designed and equipped to cater for the special needs of the child.
(6) Every care order made under this section shall be in writing, and shall disclose the child’s age and religious faith, and such order may be made in the child’s absence with the consent of the person or institution into whose care the child has been entrusted.
(7) A person who is aggrieved by a care order may appeal to the Court.
(8) The Court by which a care order is given shall direct the applicant to deliver to the person or institution entrusted with the care of the child a record in the prescribed form containing such information regarding the child concerned as the Court may deem necessary for the effective discharge of the order.
(9) A care order made under this section shall commit the child to whom it relates to the care of the person or institution named in the order, and the order shall remain in force for one year or for such shorter period as the Court may direct. (10) In making a care order under this section, the Court may—
(a) make such further orders and give such directions as may require the Secretary or his or her representative to supervise the mode of compliance with the care orders; and
(b) give such directions to the Secretary, Children Officer or his representative, as the Court may consider necessary, to facilitate the enforcement of the care order.
(11) Where a care order is made under this section, it shall be the duty of the Secretary or the Secretary’s representative to—
(a) monitor and supervise the standard of care provided to the child by the person or institution to whom or to which the child is committed under the care order; and
(b) periodically assess the conditions under which the child is accommodated pursuant to the care order:
Provided that the period referred to in this subsection shall not exceed twelve months.
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- Section 154 - Access to children in care
(1) In determining the terms of a care order, the Court may—
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- Section 155 - Power to make interim care order
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(2) Without prejudice to the generality of...
- Section 156 - Discharge of care order
(1) A care order or interim order may be discharged—
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- Section 157 - Care on committal to a rehabilitation school, etc.
(1) Where the Court makes a care order directing that a child be committed to a rehabilitation school on being found guilty of an offence, the committal order shall specify the grounds on which the...
- Section 158 - Transmission of committal order
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- Section 159 - Escort of a child to a rehabilitation school
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- Section 160 - Harbouring or concealing a child
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- Section 161 - Escape from institutions, etc.
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- Section 162 - Duty of Charitable children’s institutions and County Public Entities
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- Section 163 - Escape from children’s remand home or rehabilitation school
(1) Any child who escapes from a children’s remand home or while being escorted thereto or therefrom, may be apprehended without warrant and dealt with in accordance with section 157.
(2) Any child...
- Section 164 - Aiding escape, etc.
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- Section 165 - Production of escaped child
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- Section 166 - Presumption and determination of age
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- Section 167 - Contribution order not to be made in certain cases
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- Section 168 - Inter-country reciprocity.
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- Section 169 - Bonds
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- Section 171 - Restrictions on periods of foster care
(1) In this Part, "foster care" includes—
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- Section 172 - Conditions for foster care placement
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- Section 173 - Application for foster care
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- Section 174 - Persons qualified to foster children
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- Section 175 - Conditions for foster care
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- Section 176 - Limitation on the number of children placed under foster care in a household
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- Section 177 - Records of foster care placements
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- Section 179 - Termination of foster care
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- Section 180 - Penalty for contravening provisions of this Part
A person who, without reasonable cause, contravenes any of the provisions of this Part commits an offence and is liable on conviction to a fine not exceeding two hundred thousand shillings or to...
- Section 181 - Regulations
The Cabinet Secretary shall make regulations for the better carrying out of the provisions of this Part.
- Section 182 - Rules
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- Section 183 - Power to make adoption orders
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- Section 189 - Interim orders
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