Guidelines for the Alternative Family Care of Children in Kenya (2019)

The Guidelines for the Alternative Family Care of Children in Kenya (2019) were developed by the Government of Kenya in collaboration with various stakeholders, including child rights organizations, to provide a framework for offering alternative care for children outside their biological families. The guidelines outline how to ensure the protection and best interests of children who are in need of care due to abandonment, neglect, or other circumstances that leave them without parental care.

Key Points of the Guidelines:

1. Principles of Alternative Care:

   • Best Interests of the Child: The best interests of the child are paramount in every decision concerning alternative care.
   • Family-Based Care Preference: Children should be cared for in a family setting wherever possible, with institutional care being the last resort.
   • Right to Protection: All children have the right to protection from abuse, neglect, and exploitation.
   • Child Participation: Children’s views should be considered in all decisions that affect them, in accordance with their age and maturity.

2. Types of Alternative Care:

   • Kinship Care: Care by extended family members.
   • Foster Care: Temporary care by individuals or families outside the child’s biological family.
   • Guardianship: Legal guardianship by non-biological parents.
   • Adoption: Permanent legal transfer of parental rights.
   • Charitable Children’s Institutions (CCI): As a last resort, institutional care may be used when family-based care is not available.

3. Gatekeeping Mechanisms:

   • These are procedures to ensure that children are not unnecessarily separated from their families. Social workers, courts, and other agencies should assess each child’s situation before placing them in alternative care.

4. Roles and Responsibilities:

   • Government Agencies: The Department of Children’s Services (DCS) is responsible for regulating and overseeing alternative care providers, and ensuring adherence to the guidelines.
   • Care Providers: Foster carers, adoptive parents, and guardians are required to meet specific qualifications, undergo training, and follow up on the child’s well-being.
   • Charitable Institutions: CCIs must meet minimum standards of care, undergo regular inspections, and work toward reunifying children with their families or placing them in family-based care.

5. Adoption Procedures:

   • Adoption should be considered when reintegration with biological families is not possible.
   • Domestic adoption is prioritized, with inter-country adoption being considered only when local solutions are exhausted.
   • Adopters must meet specific eligibility criteria, such as being of sound mind, financially stable, and at least 25 years old but not more than 65 years old.

6. Foster Care Support and Supervision:

   • Foster carers are to be provided with training and financial support, and their care should be monitored by the DCS to ensure the child's safety and well-being.

7. Reintegration and Family Tracing:

   • Efforts should always be made to trace a child’s family and assess whether reunification is in the child’s best interests.
   • If a family can safely and adequately care for the child, reintegration should be pursued with the necessary support services.

8. Institutional Care:

   • Institutional care should only be used as a temporary measure, with efforts focused on moving children into family-based care as soon as possible.
   • Institutions must meet standards of care, including staff training, child protection policies, and provisions for education and health care.

9. Monitoring and Evaluation:

   • The guidelines emphasize the need for ongoing monitoring and evaluation of alternative care services to ensure that the children’s rights are upheld and that standards are maintained.

These guidelines aim to align Kenya's alternative care practices with international standards, such as the UN Guidelines for the Alternative Care of Children, and to promote the welfare and protection of vulnerable children.