ADVOKS GLOBAL · KENYA
Children Act
171. Restrictions on periods of foster care
Edition: 2022-12-31 · In force
171. Restrictions on periods of foster care
(1)In this Part, "foster care" includes—(a)placement of a child in foster care on short term basis for a period not exceeding three years—(i)in situations of emergency;(ii)where the child is found abandoned; or(iii)where the child is in need of care and protection; or(b)placement of a child in foster care for a period exceeding for alternative care; or(i)it has not been possible to facilitate the adoption of the child or to place the child in family-based alternative care within a period of three years where—(ii)it is shown to the satisfaction of the Court on evidence that circumstances exist to justify extension of time pending adoption or other arrangements years.(2)Any arrangements for the foster care of a child shall, in the first instance, be on application to the Secretary, and shall be for a period not exceeding twelve months, but liable to extension from time to time for a period not exceeding three years in the aggregate.(3)Without prejudice to the generality of subsection (1), no child shall be placed under foster care for a period exceeding three years without an order of the court first had and obtained on application in the prescribed form specifying the grounds on which a longer period of foster care is necessary.(4)In determining an application for extension of foster care beyond the period of three years, the Court shall take into account—(a)the need to ensure stability of the child’s life; and(b)the best interests of the child.