Section 172 of The Children Act CAP 141: Conditions for foster care placement
(1) For the purposes of this Part, a child may be placed under foster care either on the direct intervention of the Secretary or pursuant to an order of the Court, and such placement shall, in the first instance, be home based.
(2) Where a child has, by virtue of a care order, been committed to a rehabilitation school or to a charitable children’s institution, the Secretary, in consultation with the manager or other authorised officer of the institution, may place the child with a foster parent for such period as the Secretary may from time to time authorise.
(3) Without prejudice to the generality of subsection (2), a child in relation to whom a care order has been made by reason of having been found guilty of a criminal offence, shall not be placed with a foster parent without leave of the Court.
(4) A foster parent in whose care a child is committed shall, while the child remains in his or her care, have the same responsibilities in respect of the child’s maintenance as if he or she were the parent of the child.
(5) Where a child has been placed in the care of a foster parent, it shall be the duty of the Secretary—
(a) to supervise and assess the condition of the child from time to time; and
(b) to take such steps as shall be necessary to safeguard the welfare of the child.
(6) The provisions of this Part shall cease to have effect in relation to a child—
(a) on discharge of the care order;
(b) on expiry of the period specified in the order of the Court;
(c) on the child attaining the age of eighteen years; or (d) on the death of the foster parent.
Enhance Your Research with Bookmarks and Annotations
Here's how you can use these features:
- To bookmark this page, click the "Bookmark this Page" button below the document title.
- To add an annotation, highlight text in the document and select "Add Annotation" from the toolbar that appears.
- These features are great for organizing your research and keeping track of key information.
- You can view and manage your bookmarks and annotations on your Bookmarks and Annotations page.
- Section 173 - Application for foster care
(1) Any person wishing to foster a child shall make an application to the Secretary in the prescribed form.
(2) On receipt of the application referred to in subsection (1), the Secretary shall...
- Section 174 - Persons qualified to foster children
(1) Any of the following persons may apply to be appointed a foster parent or foster parents—
(a) spouses of a marriage where one or both the spouses are between twenty-five and sixty-five years of...
- Section 175 - Conditions for foster care
The Secretary shall not authorize foster care placement of a child if it is shown to the satisfaction of the Secretary that the application has not been done following the procedure set out in rules...
- Section 176 - Limitation on the number of children placed under foster care in a household
Not more than four children may be placed in foster care with a single person or two persons in the same household, except where— (a) the children are siblings or blood relatives; or
(b) the...
- Section 177 - Records of foster care placements
(1) A person shall not, for the purposes of fostering a child, retain in his care andcustody a child whose parent, custodian or guardian cannot be readily identified, without first notifying the...
- Section 178 - Agreement for maintenance of foster child
(1) The Secretary may, on the application of a foster parent or the parentor guardian of a child, direct that an agreement be made between the foster parent and the parent or guardian of a child...
- Section 179 - Termination of foster care
(1) Any foster care placement made under this Part may be terminated on the written direction of the Secretary if the termination is, in the Secretary’s opinion, in the best interest of the...
- 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
The Chief Justice may make court rules of procedure and practice in matters relating to foster care placement.
- Section 183 - Power to make adoption orders
(1) Subject to this Act, the High Court may, on an application made in the prescribed form, make an order, in this Act referred to as "adoption order", authorising an applicant to adopt a...
- Section 184 - Pre-requisites for Adoption
(1) A person shall not commence any arrangements for the adoption of a child unless—
(a) the Council, in accordance with the rules, has declared the child free for adoption; and
(b) the child has...
- Section 185 - Children who may be adopted
(1) Any child who is resident within Kenya may be adopted whether or not the child is a Kenyan citizen, or was born in Kenya.
(2) Without prejudice to the generality of subsection (1), no Court may...
- Section 186 - Who may apply to adopt a child
(1) The Court may make an adoption order on application by—
(a) a sole applicant; or
(b) two spouses jointly.
(2) The Court shall not make an adoption order in any case unless—
(a) the applicant...
- Section 187 - Power to dispense with consent
(1) The Court may dispense with any consent required under section 186(8) paragraphs (a), (b) and (c) if the Court is satisfied that—(a) in the case of the parent or guardian of the child, the parent...
- Section 188 - Appointment of guardian ad litem for purposes of adoption
(1) Where an application is made for an adoption order, the Court shall, eitherof its own motion or on application by any party to the proceedings, make an order appointing a fit person to be guardian...
- Section 189 - Interim orders
(1) Where an application for an adoption order is pending in Court—
(a) any person who has consented to the adoption shall not be entitled, except with leave of the Court, to remove the child from...
- Section 190 - Review of adoption
(1) A person who is a biological parent of a child in respect of whom an adoption order has been granted by a Court may apply to the Court for review of the order for adoption on grounds...
- Section 191 - Inter-country adoptions
The Court may make an adoption order in respect of a child on the joint application of two spouses who are not citizens or residents of Kenya, in this Act referred to as an "inter-country adoption",...
- Section 192 - Adoption by non-resident Kenyans
The requirements of section 191 shall apply to adoption by— (a) citizens of Kenya who are not ordinarily resident in Kenya;
(b) citizens of Kenya who have dual citizenship, but who are not ordinarily...
- Section 193 - Kinship Adoption
(1) A kinship adoption order may only be made in favour of a relative of the child.
(2) The Cabinet Secretary may make regulations to give effect to this Part.
- Section 194 - Powers of the Court in adoption proceedings
(1) Before making an adoption order, the Court shall inquire into and be satisfied on evidence before it that—
(a) every person whose consent is required under this Part, which consent has not been...
- Section 195 - Power of the Court to appoint guardian
(1) At the time of making an adoption order in a domestic or inter-countryadoption, the Court may, either of its own motion or on application by the adopter or joint adopters, appoint a guardian of...
- Section 196 - Adoption order in respect of children previously adopted
(1) The Court may make an adoption order or an interim adoption order inrespect of a child who has previously been the subject of an adoption order under this Act or any other written law in any...
- Section 197 - Parental responsibility when adoption is denied
If the Court declines to make an adoption order, the Court may make such order in respect of parental responsibilities over the child as the Court may consider fit.
- Section 198 - Appeals
Any person aggrieved by an order of the Court relating to an application for an adoption order, or an order relating to parental responsibility over a child made under this Part, may appeal to the...
- Section 199 - Variation of orders
(1) The Court which makes an adoption order may, on the application of the adopter, vary the order to correct any defect in the particulars contained therein and direct that the varied order be lodged...
- Section 200 - Adopted Children Register
(1) The Registrar shall maintain an Adopted Children Register and shall makesuch entries as the court may direct.
(2) A certified copy of an entry in the Adopted Children Register that is sealedor...
- Section 201 - Registration of adoption orders
(1) Every adoption order made by the Court shall contain a direction to the Registrar to make an entry in the Adopted Children Register in the prescribed form.
(2) For the purposes of compliance with...
- Section 202 - Rights and duties of parents and capacity to marry
(1) Upon an adoption order being made, all rights, duties, obligations and liabilities of the biological parents in case of a first adoption or adoptive parents in case of subsequent adoption or...
- Section 203 - Application of Work Injury Benefits Act
For the purposes of the Work Injury Benefits Act, a child whom a deceased employee had been authorised to adopt under an adoption order shall be deemed to be a member of the family of the employee,...
- Section 204 - Orders and agreements in respect of child born outside marriage
(1) Where an adoption order is made in respect of a child previously committedto the care of foster parents, a voluntary children’s institution, a children’s institution, or a rehabilitation school by...
- Section 205 - Intestacies and testamentary instruments
(1) Where at any time after the making of an adoption order the adopter or the adopted child or any other person dies intestate in respect of any movable or immovable property, the property shall...
- Section 206 - Provisions supplementary to section 196
(1) For the purpose of the application of any written law for the time being in force relating to the devolution of any property in accordance with section 205, and for purposes of the construction of...
- Section 207 - Effect of inter-country adoptions
(1) Where a child has been adopted, whether before or after the commencement of this Act, in any place, and the adoption is one to which this section and other written laws apply, the adoption shall...
- Section 208 - Restriction on adoption arrangements
(1) No adoption agency, institution, individual or public officer may make or facilitate the making of any arrangements for the adoption of a child under this Act unless the agency or institution is...
- Section 209 - Certain offences relating to adoption
(1) A person or association, whether incorporated or unincorporated) shall notwillfully and without lawful justification take part in or facilitate the adoption of a child unless the association is...
- Section 210 - Functions of adoption societies
The functions of an adoption society shall be—
(a) to make such inquiries and investigations, and to cause such reports as shall be prescribed or as the Court may direct, to be obtained for the...
- Section 211 - Adoption proceedings to be confidential
(1) A member or officer of an adoption society, and a person having any official duty under or being employed in the administration of this Act, shall regard and deal with all documents and...
- Section 212 - Prohibition of certain payments
(1) Subject to subsection (2)—
(a) any adopter or any parent or guardian of a child who receives any payment or other reward in consideration of the adoption of a child under this Act; or
(b) any...
- Section 213 - Restriction on advertisement
(1) A person shall not knowingly publish or cause to be advertised any matter indicating that—
(a) a parent or guardian of a child wishes to give up the child for adoption;
(b) a person wishes to...
- Section 214 - Offences under this Part
Where any offence under any regulations made under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on...
- Section 215 - Regulations
The Cabinet Secretary shall make regulations for the better carrying into effect the provisions of this Part, and, without prejudice to the generality of this section, for any of the following...
- Section 216 - Rules of Court
The Chief Justice may make rules of Court directing the manner in which applications may be made and judicial proceedings undertaken under this Part.
- Section 217 - Application of Criminal Procedure Code
(1) Notwithstanding the provisions of Part II of the Criminal Procedure Code, aChildren’s Court may try a child for any offence except the offence of murder.
(2) Reference to Subordinate Courts of...
- Section 218 - Assessment of a child on arrest
(1) A police officer who arrests, serves a summons or issues with a written notice to child shall notify the parent or guardian of the child and the Secretary or an authorised officer within twenty...
- Section 219 - Power to remit cases to Children’s Court
(1) Subject to any rules or directions made or issued by the Chief Justice, where it appears to a court, other than a Children’s Court, at any stage of the proceedings that a child is charged before...
- Section 220 - Rights of a child offender
(1) A child offender has the right to privacy during arrest, the investigation ofthe offence and at any other stage of the cause of the matter.
(2) A person shall not in the course of arrest,...
- Section 221 - Criminal liability of a child
(1) A person under the age of twelve years shall not be criminally responsiblefor any act or omission.
(2) A child who commits an offence while under the age of fourteen years shallbe presumed not to...
- Section 222 - Right of a child to be heard in proceedings
(1) Every child shall be afforded an opportunity to be heard in proceedings affecting the child, either directly or through a representative.
(2) Pursuant to the provisions of Article 50 of the...