ADVOKS GLOBAL · KENYA
The Children (Foster Care) (Practice and Procedure) Rules
10. Form of application for extension of foster care
Edition: 2024-10-18 · In force
10. Form of application for extension of foster care
(1)An application for an order of the Court extending the period of foster care placement shall be made—(a)where there are pending or previous proceedings before the Court relating to the child —(i)by notice of motion in Form No. FCR1 set out in the Schedule;(ii)supported by an affidavit in Form No. FCR2 set out in the Schedule setting out the factual circumstances and grounds on which the application is made;(b)where the child is a ward of the Court—(i)by a notice of motion made in the same proceedings in the prescribed Form No. FCR1 set out in the Schedule;(ii)supported by an affidavit in the prescribed Form No. FCR2 set out in the Schedule setting out the factual circumstances and grounds on which the application is made;(c)in any other case—(i)by way of originating summons in Form No. FCR3 set out in the Schedule;(ii)supported by an affidavit in Form No. FCR2 set out in the Schedule setting out the factual circumstances and grounds on which the application is made.(2)The originating summons filed under subrule (1)(c) shall be accompanied by—(a)triplicate copies of the notice to enter appearance in Form No. FCR4 set out in the Schedule;(b)a report containing relevant information on—(i)the circumstances leading to the initial foster care placement in question and the date on which the placement was made;(ii)whether there has been any extension of the initial placement period, the date when the extension was made, the extension period, and the reasons for such extension;(iii)the date on which the current placement period ends;(iv)the Secretary’s findings on the assessment of the child, the foster parent or parents, and the foster home conducted not more than three months prior to the date on which the application is made;(v)a brief statement of the reasons for the extension of foster care placement;(vi)information regarding other proceedings before any other court relating to the child, if any;(vii)any other matter which is considers necessary to support the application;(c)any other relevant document concerning the child which may assist the Court in determining whether to make the order.