Act No: No. 8 of 2001
Act Title: CHILDREN
SUBSIDIARY LEGISLATION
Arrangement of Sections

CHILDREN (ADOPTION) REGULATIONS, 2005

ARRANGEMENT OF REGULATIONS

Preliminary

1.

Citation.

2.

Establishment of Committee.

3.

Membership of Committee.

4.

Officials of the Committee.

5.

Functions of the Committee.

6.

Meetings of the Committee.

7.

Signing authority.

Adoption

8.

Application for Registration of adoption society form.

9.

Director to acknowledge application.

10.

Requirements for registration.

11.

Certificate of Registration - form.

12.

Renewal of registration.

13.

Cancellation.

14.

Notification of refusal or cancellation.

15.

Appeal against refusal or cancellation of registration.

16.

Case committee.

17.

Giving up child to an adoption society.

18.

Social inquiry and medical reports.

19.

Placing a child with adopter.

20.

Report and accounts of the adoption society.

21.

Care and supervision of children.

International Adoptions

22.

Interpretation.

23.

Approval of foreign adoption society.

24.

Application for international adoption.

25.

Approval or rejection of application.

26.

International adoptions - procedure and undertaking.

27.

Consequences of the grant of an adoption order.

28.

Stoppage of adoption, arrangements and transfer of files.

29.

Registration of local adoption society for international adoption.

Miscellaneous

30.

Notification of placement of child.

31.

Visits to a child delivered for adoption.

32.

Visits upon a conditional adoption order.

33.

Stoppage of adoption arrangements general.

34.

Transition.

35.

Offences.

36.

Penalties.

37.

Fees.

38.

Repeal.

SCHEDULES

FIRST SCHEDULE —

FORM OF APPLICATION FOR REGISTRATION OF AN ADOPTION SOCIETY

SECOND SCHEDULE —

MINISTRY OF HOME AFFAIRS CERTIFICATE OF REGISTRATION FOR AN ADOPTION SOCIETY

THIRD SCHEDULE —

FORM OF RENEWAL FOR REGISTRATION OF AN ADOPTION SOCIETY

FOURTH SCHEDULE —

FORM OF APPEAL AGAINST REJECTION OF APPLICATION FOR REGISTRATION AS AN ADOPTION SOCIETY

FIFTH SCHEDULE —

ADOPTION OF CHILDREN - EXPLANATORY MEMORANDUM FOR BIOLOGICAL PARENT/GUARDIAN

SIXTH SCHEDULE —

FORM FOR SOCIAL INQUIRY

SEVENTH SCHEDULE —

EXPLANATORY MEMORANDUM FOR ADOPTERS

EIGHTH SCHEDULE —

PART A - MEDICAL PARTICULARS OF CHILD

PART B - MEDICAL PARTICULARS OF PROSPECTIVE ADOPTER

NINTH SCHEDULE —

FORM OF ANNUAL REPORT

TENTH SCHEDULE —

REQUIREMENTS FOR FOREIGN ADOPTION

ELEVENTH SCHEDULE —

UNDERTAKING BY ADOPTERS - FOREIGN ADOPTION

TWELFTH SCHEDULE —

UNDERTAKING BY FOREIGN ADOPTION SOCIETY

THIRTEENTH SCHEDULE —

FEES

FOURTEENTH SCHEDULE —

CERTIFICATE OF CONFORMITY

CHILDREN (ADOPTION) REGULATIONS, 2005
[L.N. 43/2005.]

Preliminary

1.
Citation

These Regulations may be cited as the Children (Adoption) Regulations, 2005.

2.
Establishment of Committee

The Adoption Committee is established under section 155(1) of the Act.

3.
Membership of Committee
(1)

The Adoption Committee shall comprise the members set out in the Ninth Schedule to the Act.

(2)

The members appointed by the Minister under paragraph (b) of the Ninth Schedule to the Act shall be appointed by Gazette Notice.

(3)

The members appointed under paragraphs (c) to (f) of the Ninth Schedule to the Act shall be appointed by letter from the organizations referred to in those paragraphs.

4.
Officials of the Committee
(1)

The Adoption Committee shall appoint one of its members to serve as chairman for a period of three years, and such an appointment may be renewed for one more term.

(2)

The Director shall be the secretary of the Adoption Committee.

5.
Functions of the Committee

The Adoption Committee shall, in addition to the functions provided for under section 155 of the Act, perform the following functions—

(a)

regulate fees for registration of adoption societies;

(b)

consider, review and either approve or reject applications for registration for both international and local adoption societies;

(c)

manage and maintain a secretariat and offices provided by the Director;

(d)

co-ordinate international adoptions and approve foreign agencies wishing to conduct adoption in Kenya;

(e)

maintain and update from time to time a register of approved local and international adoption societies;

(f)

regulate fees charged by adoption societies for the processing of applications for adoption.

6.
Meetings of the Committee
(1)

The Adoption Committee shall hold at least twelve ordinary meetings in any given calendar year.

(2)

The Secretary shall issue a fourteen days notice convening a meeting of the Adoption Committee and such notice shall set out in sufficient details matters to be discussed in the meeting.

(3)

The Chairman shall preside at every meeting of the Adoption Committee and in his absence, the members present shall appoint one of them to preside over the particular meeting.

(4)

Proceedings of the meeting of the Adoption Committee shall not be void only by reason of the absence of the Chairman from the meeting.

(5)

The quorum of a meeting of the Adoption Committee shall be six members.

(6)

The Chairman may, at any time and on his own motion, or upon a written request duly signed by at least two members, convene a special meeting of the Adoption Committee.

(7)

All provisions of these Regulations pertaining to ordinary meetings, save for the giving of notice, shall apply to special meetings as if they were ordinary meetings.

7.
Signing authority

All letters and instruments written or made by the Adoption Committee, or on the authority of the Adoption Committee, and all decisions of the Adoption Committee, shall be signed under the hand of the Chairman and the Secretary.

Adoption Societies

8.
Application for Registration of adoption society form

An application under section 177(2) of the Act, for registration of an adoption society shall be made in the form set out in the First Schedule.

9.
Director to acknowledge application

The Director shall acknowledge receipt of every application for registration within fourteen days after the date of receipt.

10.
Requirements for registration
(1)

The Adoption Committee shall not accept an application under section 177(3)(a) of the Act unless the body seeking registration has satisfied the following conditions—

(a)

the body must be registered as a non-profit making organization, and such registration must have subsisted for a period of not less than twelve months preceding the date of application;

(b)

the body must have been involved in child-welfare activities or programmes recognised by the Director for a period of at least twelve months preceding the date of application;

(c)

the body must have the capacity and adequate resources to carry out adoption arrangements, which includes the following—

(i) an office and waiting room set in such a way that guarantees the privacy of the biological parents or guardians, child and the prospective adoptive parents;
(ii) holding facilities where a child offered for adoption can be best taken care of;
(iii) a fixed physical address and a fixed telephone number listed in the directory ordinarily compiled and/or issued by, or on the authority of, the telephone service provider or its agents, in the name of the body; any changes to these details shall be communicated to the Adoption Committee within thirty days from the date of change.
(2)

The body seeking registration shall have a competent administrative team comprising of—

(a)

a qualified administrator with knowledge and experience in matters relating to children;

(b)

a qualified social worker with at least a bachelor’s degree in social work, social sciences or a diploma in social work from a recognised institution of learning;

(c)

such support staff as may be necessary and adequate in the carrying out of the duties and functions of an adoption society.

(3)

The body must have access to the services of a qualified medical practitioner duly registered as such under the Medical Practitioners and Dentists’ Act (Cap. 253).

11.
Certificate of Registration - form

The form set out in the Second Schedule is prescribed as the form of Certificate of Registration for the purposes of section 177(5) of the Act.

12.
Renewal of registration
(1)

Every registered adoption society shall apply for renewal of registration every twelve months after the date of initial registration or the date of the last renewal of registration, whichever is the case.

(2)

An application for renewal of registration shall be made in the form set out in the Third Schedule.

13.
Cancellation
(1)

Without prejudice to the annual review of registration of an adoption society under section 177(5) of the Act, the Adoption Committee may, in any other case where it becomes reasonably expedient for the better carrying out of the objects of the Act, and shall, where there is manifest failure or refusal to comply with the provisions of the Act or these Regulations, cancel the registration of an adoption society, subject to sub-rule (2).

(2)

An adoption society shall not have its registration cancelled unless it has been accorded a reasonable opportunity to make representations to the Adoption Committee regarding the intended cancellation.

(3)

The Adoption Committee shall give to an adoption society a written notice of intention to cancel the registration of the society, and shall accordingly invite the society to make its representations within thirty days from the date of notice.

14.
Notification of refusal or cancellation

The Director shall give to an adoption society a written notice of refusal of registration under section 177(3)(b), or cancellation of registration under regulation 12 above, within fourteen days after the date of such refusal or cancellation.

15.
Appeal against refusal or cancellation of registration
(1)

An appeal against a decision of the Adoption Committee to refuse or cancel the registration of an adoption society shall be made in the form set out in the Fourth Schedule.

(2)

The appeal shall be delivered to the Minister within thirty days after the appellant is notified of the decision to refuse or cancel the registration.

16.
Case committee
(1)

Upon registration, an adoption society shall set up a committee (called a case committee), which shall comprise of not less than three and not more than five persons, one of whom shall be a trained social worker, and a list of members proposed for appointment to the case committee shall be submitted to the Adoption Committee for prior approval.

(2)

Employees of the adoption society shall not be eligible to be appointed as members of the case committee.

(3)

The adoption society shall provide a secretariat for the case committee.

17.
Giving up child to an adoption society

Where the parent or guardian offers to place a child at the disposal of a registered society with a view to the child being adopted, the society—

(a)

shall furnish the parent or guardian with an explanatory memorandum in the form set out in the Fifth Schedule; and

(b)

shall not accept the child unless the parent or guardian has signed and delivered to the society a certificate of acknowledgement, which the society shall retain, in the form set out in the Fifth Schedule that he has read and understood the memorandum.

18.
Social inquiry and medical reports
(1)

In the case of a child offered to be delivered by or on behalf of a registered adoption society into the care and possession of an adopter, the society shall—

(a)

make enquiries and obtain a social worker’s report on the matters set out in the Sixth Schedule; and

(b)

obtain a medical report on the health of both the child and the adopter in the form set out in the Eighth Schedule.

(2)

The reports obtained under this regulation shall be retained by the adoption society until the child attains the age of majority.

19.
Placing a child with adopter

No child shall be delivered into the care and possession of an adopter by or on behalf of an adoption society until—

(a)

the case committee has considered the reports required under regulation 18;

(b)

the adopter has been approved by the case committee;

(c)

the adoptive parent has read and understood the explanatory memorandum for adopters set out in the Seventh Schedule, and has duly signed the certificate of acknowledgement attached to the memorandum;

(d)

the adopters, in the case of joint applicants, have been married for at least three years prior to the date of commencement of adoption arrangements.

20.
Report and accounts of the adoption society
(1)

Every adoption society shall, within twelve months after the date of its registration and thereafter at least once in every period of twelve months, furnish to the Director—

(a)

duly audited accounts and a balance sheet; and

(b)

an annual report in the form set out in the Ninth Schedule to these Regulations.

(2)

For the purposes of subparagraph (a) of paragraph (1), the auditor shall be an independent person who is the holder of a practising certificate issued pursuant to section 21 of the Accountants Act (Cap. 531).

21.
Care and supervision of children
(1)

Every adoption society shall make adequate arrangements for the care and supervision of children who have been placed by their parents or guardians in the care of the society.

(2)

Every child who is available for adoption and is not living under the direct control of the society shall, unless and until such child has been adopted, or the Director otherwise directs, be visited in the first month and at least once in every three months thereafter by a representative of the society, who shall report upon the case to the case committee, who may recommend appropriate action to be taken in the event that the child is not being taken care of properly.

International Adoptions

22.
Interpretation

In this Part, unless the context otherwise requires—

“foreign adoption society” means a society other than a local adoption society, and which has been approved by the government of the receiving country;

“Hague Convention” means the Hague Convention on the Protection of Children and Co-operation in respect of Inter-country Adoption of 29th May, 1993;

“local adoption society” means a society approved under section 177 of the Act;

“receiving country” means the country where the adopted child will ordinarily reside and gain citizenship, and which are signatories to the Hague Convention.

23.
Approval of foreign adoption society
(1)

A foreign adoption society shall not initiate adoption arrangements in Kenya unless it has been approved by the Adoption Committee.

(2)

An application for approval shall be made to the Adoption Committee and shall be accompanied by—

(a)

a certificate of approval by a competent authority of the receiving country; and

(b)

an undertaking to respect the applicable law of Kenya.

24.
Application for international adoption
(1)

An application for adoption by a foreign adoption society shall be made through a local adoption society and shall be accompanied by the documents set out in the Tenth Schedule.

(2)

All documents submitted by a foreign adoption society shall be notarised or authenticated by the Ministry responsible for foreign affairs in the receiving country.

(3)

Upon receipt of an application for adoption from a foreign adoption society, a local adoption society shall forward the same to the Adoption Committee within thirty days from the date of receipt.

25.
Approval or rejection of application
(1)

The Adoption Committee shall consider an application for international adoption and shall either approve or reject the same; a decision of the Adoption Committee shall be communicated to the local adoption committee within thirty days from the date such a decision is made.

(2)

Where an approval is granted, a local adoption society shall communicate the same to the foreign adoption society within sixty days from the date of receipt of such approval, and such a communication shall be accompanied by—

(a)

a brief report on the children, if any, available for adoption at the time, who are matching the adopter’s preferences;

(b)

information about the approximate length of time the adoption process may take, court filing fees, advocate’s fees, administrative and accommodation charges, and any other relevant information; and

(c)

a copy of the undertaking in the Twelfth Schedule to these Regulations to be signed by the foreign adoption society before conclusion of the adoption process.

(3)

Where an application for adoption is rejected, a local adoption society shall communicate the rejection to the foreign adoption society within sixty days from the date of receipt of such rejection, detailing the reasons for the same.

(4)

Where an application for adoption has been rejected by the Adoption Committee, a foreign adoption society may submit another application for adoption within six months from the date of rejection of the previous application.

26.
International adoptions - procedure and undertaking
(1)

Where an application for international adoption is approved, the foreign adoption society shall arrange for the prospective adopter to travel to Kenya within three months from the date the foreign adoption society received the notification of approval.

(2)

The local adoption society shall, when the prospective adopter arrives in Kenya, introduce the adopter to the children available for adoption who match the adopter’s preference, and the adopter shall, where the adopter is willing to proceed with the adoption process, sign the undertaking set out in the Eleventh Schedule before commencement of adoption arrangements.

(3)

The child intended for adoption shall be placed in the care of the adopter in Kenya for three continuous months, and the local adoption society shall accordingly supervise the placement.

(4)

Where an adopter completes the placement period to the satisfaction of the local adoption society, the local adoption society may assist the adopter in making an application to the High Court for an adoption order, and the approval of the Adoption Committee to the adoption arrangements shall form part of the bundle to be submitted in court:

Provided that an application to the High Court for an adoption order shall be made by the adopter or his advocate.

(5)

Where the local adoption society is not satisfied with the conduct of the adopter during the placement period, it shall inform the Adoption Committee, which shall carry out investigations as to the suitability of the adopter (including making inquiries with the foreign adoption society) and shall communicate the result of such investigations to both the local and foreign adoption societies.

(6)

If, upon conclusion of investigations conducted under paragraph (5) of this regulation the Adoption Committee decides to stop the adoption arrangements, it shall inform both the local and foreign adoption societies of the decision within a reasonable period.

27.
Consequences of the grant of an adoption order
(1)

Where the High Court grants an adoption order following an application by the adopter, the local adoption society shall notify the foreign adoption society accordingly within seven days from the date of the making of the order, and may assist the adopter to obtain the necessary travel documents for the child to facilitate departure from Kenya.

(2)

A foreign adoption society shall send to the local adoption society reports on the progress being made by the adopted child in the receiving country (hereinafter referred to as “the progress report”) once every three months during the first two years from the date of making of an adoption order, and annually thereafter, and shall continue sending such reports until the third annual progress report has been given or the child attains the age of majority, whichever comes earlier.

(3)

Upon the grant of an adoption order, the file in respect of the case in which the order is made shall be closed and retained by the local adoption society upon receipt of the third annual progress report from the foreign adoption society on the adopted child.

28.
Stoppage of adoption, arrangements and transfer of files
(1)

The Adoption Committee shall stop ongoing adoption arrangements of any stage where a foreign adoption society breaches any of the provisions of the undertaking in the Twelfth Schedule, and shall bar the foreign adoption society from engaging in other adoption arrangements in Kenya for such period as the Adoption Committee may deem appropriate.

(2)

Where a foreign adoption society is stopped or barred from engaging in adoption arrangements, it shall transfer all files relating to ongoing adoption arrangements in Kenya to another approved foreign adoption society and shall notify the local adoption society of such transfer within a reasonable time.

(3)

Where there is no other approved foreign adoption society to which adoption files of a foreign adoption society that has been stopped or barred from engaging in adoption arrangements can be transferred, all ongoing adoption arrangements being undertaken by the deregistered society shall lapse and shall accordingly be stopped.

29.
Registration of local adoption society for international adoption
(1)

A local adoption society may apply to the Director for registration to undertake international adoptions.

(2)

Form 1 of the Tenth Schedule is prescribed as the form of application for registration to undertake international adoptions.

(3)

A local adoption society registered to carry out international adoptions shall submit an application for international adoption as if it is an application for local adoption but all provisions of these Regulations pertaining to suitability of adopters, travel arrangements for adopters, placement of children with adopters, the signing of undertakings, applying for and making of adoption orders and furnishing of progress reports (save that its progress reports shall be furnished to the Adoption Committee), which applies to adoption arrangements by a foreign adoption society, shall apply to such local adoption society as if it was a foreign adoption society.

Miscellaneous

30.
Notification of placement of child

Every prospective adopter shall, forthwith upon a child being placed with him by any party other than an adoption society, notify the Director of such placement and of the date thereof.

31.
Visits to a child delivered for adoption
(1)

Where a child has been delivered into the care and possession of a prospective adopter, visits shall be made to the child at least once in every month—

(a)

in the case of a child so delivered by an adoption society, by a representative of that society; or

(b)

in any other case, by the Director or his authorized representative and for that purpose the prospective adopter shall allow access by such person to the child at any reasonable time.

(2)

The representative of the adoption society or the Director shall report on such visits to the guardian ad litem, unless he is himself the guardian ad litem of the child.

(3)

The provisions of this regulation are additional to and not in substitution for the provisions of regulation 21.

32.
Visits upon a conditional adoption order

Where the court makes an adoption order conditional on the adopter accepting supervision and advice from an adoption society, a representative of such society shall visit the child at least once in every month during the continuance in force of the condition and for that purpose the adopter shall allow access by such person to the child at any reasonable time.

33.
Stoppage of adoption arrangements general

Without prejudice to the powers of the Adoption Committee under regulations 13 and 28, the Adoption Committee shall stop ongoing adoption arrangements at any stage where there is a breach of the provisions of the Act, regulations made thereunder or any other law pertaining to adoption, and such arrangements shall only be commenced with again only where there is full compliance with the relevant statutory provisions, and only at the discretion of the Adoption Committee.

34.
Transition
(1)

Every adoption society that had been registered under the Adoption Act (Cap. 143) (now repealed) and that was deemed to continue as an adoption society by the Seventh Schedule to the Act shall be required to comply with these Regulations before renewal of its registration under regulation 12.

(2)

The Adoption Committee established by the Children (Adoption) Regulations, 2004 (L.N. 16/2004) (now repealed) shall be deemed to continue as if it was established under these Regulations.

35.
Offences

A contravention or failure to comply with any of the matters provided in these Regulations shall constitute an offence.

36.
Penalties

Any person convicted of an offence under these Regulations shall be liable to imprisonment for a term not exceeding ten months, or to a fine not exceeding fifty thousand shillings, or to both such imprisonment and such fine.

37.
Fees

The fees payable under subsection (3) of section 169 of the Act shall be as set out in the Thirteenth Schedule.

38.
Repeal

The Children (Adoption) Regulations, 2004 (L.N. 16/2004) are repealed.

FIRST SCHEDULE

[Rule 8.]

FORM OF APPLICATION FOR REGISTRATION OF AN ADOPTION SOCIETY

SECOND SCHEDULE

[Rule 11.]

MINISTRY OF HOME AFFAIRS CERTIFICATE Of REGISTRATION FOR AN ADOPTION SOCIETY

THIRD SCHEDULE

[Rule 12.]

FORM OF RENEWAL FOR REGISTRATION OF AN ADOPTION SOCIETY

FOURTH SCHEDULE

[Rule15.]

FORM OF APPEAL AGAINST REJECTION OF APPLICATION FOR REGISTRATION AS AN ADOPTION SOCIETY

FIFTH SCHEDULE

[Rule 17.]

ADOPTION OF CHILDREN - EXPLANATORY MEMORANDUM FOR BIOLOGICAL PARENT/GUARDIAN
1.

If the court makes an adoption order, all your rights and duties with regard to the child will be transferred permanently to the adopters and in law the child will no longer be yours.

2.

The court cannot make an adoption order without the consent of each parent or guardian of the child, unless that parent or guardian has abandoned, persistently failed to maintain or persistently ill-treated or neglected the child, or is incapable of giving consent (for instance, by reason of being insane), or is unreasonably withholding consent or cannot be found (written evidence should be given by an authorized officer that parents can not be traced or are unreasonably withholding consent.) Therefore, unless one of these things applies to you, an order cannot be made without your consent.

3.

The court cannot make an adoption order without the consent of a child who has attained the age of 14 years.

4.

Your consent shall be given in writing and signed in the presence of a witness and cannot be given until the child is six weeks old.

5.

You may either consent to adoption by specific applicants, or to adoption by any persons whom the adoption society finds to be suitable either locally or internationally.

6.

You may if you wish stipulate that your consent is given on condition that the child is brought up in a particular religious persuasion.

7.

Where specific applicants have applied to adopt, either their names must appear on the form or, if they have stated that they do not want you to know who they are (as they are entitled to do), the form must refer to them by a number identifying them in the records of the adoption society or the Director of Children’s Services, as the case may be.

8.

Where the applicants are referred to by a number you are not allowed to be told who they are, but you are entitled to be given information as to what sort of people they are.

9.

If you have given your consent but change your mind and want to get the child back, you will have to apply to the court for leave to remove the child from the care of the would be adopters; but you are not allowed to change your mind and withdraw your consent merely on the ground that you do not know the identity of the would be adopters.

FIFTH SCHEDULE-continued

10.

You are not allowed to change your mind and withdraw your consent once the court has made a final adoption order.

11.

You are not allowed to receive or pay any money for the adoption unless the court agrees. This does not apply to a weekly payment to an adoption society for the maintenance of your child before the child goes to the adopters. An official receipt should be issued to you for any payment made.

12.

If you have taken out an insurance policy for your child, the insurer will be able to tell you whether after the adoption order is made, the policy can be transferred to the adopters should they wish to continue it.

FORM OF CERTIFICATE OF ACKNOWLEDGEMENT

SIXTH SCHEDULE

[Rule 18.]

FORM FOR SOCIAL INQUIRY

SEVENTH SCHEDULE

[Rule 19.]

EXPLANATORY MEMORANDUM FOR ADOPTERS
1.

Once the court makes an adoption order in, your favour, you shall acquire all rights, duties, obligations and liabilities of a parent over the child, permanently, as if the child were a child born to you.

2.

All such rights, duties, obligations and liabilities of the natural parent shall be extinguished permanently.

3.

The adoption order is absolute and is irreversible.

4.

For purposes of the jurisdiction of any court to make orders as to the legal custody, maintenance of, and the right of contact with the child, both you and your spouse shall stand to each other and to the child in the same relation as the lawful father and mother of the child, and the child shall stand to you in the same relation as to a lawful mother and father respectively.

5.

An adopted child has all the inheritance rights as if he or she was born to you.

6.

For purposes of any written law relating to marriage for the time being in Kenya, you, your children (if any) and the adopted child shall be deemed to be within the prohibited degree of consanguinity and therefore cannot enter into a marriage relationship.

7.

Often the child may have been through traumatic experiences and will need you to provide a caring and secure family environment.

8.

The child has a right to know that he is adopted, and has a right to know about his origin as soon as the child is able to understand.

9.

You may also be asked to provide other forms such as medical forms, marriage and divorce certificate, citizenship certificate, police record authorization and previous assessment for placement of children, birth certificate and other information. You shall be required to furnish the adoption society with a full size photograph taken three months prior to the making of the application. For joint applicants, a photograph of the couple shall be required.

10.

An application to the adoption society does not guarantee placement.

11.

The child placed with you pending adoption order may be withdrawn from you.

12.

Periodic home visits and supervision will be carried out by a representative of the adoption society while the child is placed with you pending an adoption order, and that you shall inform the adoption society in case of change of address, serious illness, or death of the child within 24 hours of the occurrence of the event.

13.

You shall inform the adoption society in the event of death of a spouse, or change of marital status in case of joint application.

14.

In the case of a joint application, the applicants must` be married and such marriage must have subsisted for at least four years preceding the date of application.

EIGHTH SCHEDULE

[Rule 18.]

PART A - MEDICAL PARTICULARS OF CHILD

PART B - MEDICAL PARTICULARS OF PROSPECTIVE ADOPTER

NINTH SCHEDULE

[Rule 20.]

FORM OF ANNUAL REPORT

TENTH SCHEDULE

[Rule 24.]

REQUIREMENTS FOR FOREIGN ADOPTION

ELEVENTH SCHEDULE

[Rule 26.]

UNDERTAKING BY ADOPTERS - FOREIGN ADOPTION

TWELFTH SCHEDULE

[Rule 25.]

UNDERTAKING BY FOREIGN ADOPTION SOCIETY

THIRTEENTH SCHEDULE

[Rule 35.]

FEES

FOURTEENTH SCHEDULE

[L.N. 27/2011, Rule 27.]

CERTIFICATE OF CONFORMITY

CHILDREN (CHARITABLE CHILDREN’S INSTITUTIONS) REGULATIONS, 2005

ARRANGEMENT OF REGULATIONS

Preliminary

1.

Citation.

2.

Interpretation.

Registration

3.

Registration of institutions.

3A.

Duration and renewal of registration.

3B.

Cancellation of registration.

4.

Implementation of child welfare programmes.

Mission and Policy Statement and Children’s Guide

5.

Mission and policy statement.

6.

Review of mission and policy statement and children’s guide.

Welfare of Children

7.

Promotion of welfare.

8.

Child placement plan.

9.

Food provided to the children.

10.

Provision of clothing and personal necessities.

11.

Contact and access to information.

12.

Education, leisure activity and employment.

13.

Religious observance.

14.

Health needs of children.

15.

Hazard and safety.

16.

Complaints and representation.

17.

Behaviour management policy.

Staffing

18.

Appointment of person in charge.

19.

Staffing of institutions.

20.

Fitness of workers.

21.

Employment of staff.

Records

22.

Children’s case records.

23.

Other records.

24.

Notable events.

Premises

25.

Fitness of premises.

26.

Fire outbreak precautions.

Management of Institutions

27.

Visits by authorised persons.

28.

Inspection by Area Advisory Council, inspection committee, etc.

29.

Review of quality of care.

30.

Regulations and guidance.

31.

Financial position.

Miscellaneous

32.

Notice of absence.

33.

Notice of changes.

34.

Offences.

35.

Penalties.

SCHEDULES

FIRST SCHEDULE —

FORM OF APPLICATION FOR REGISTRATION OF A CHARITABLE CHILDREN’S INSTITUTION

SECOND SCHEDULE —

ACKNOWLEDGEMENT OF RECEIPT OF APPLICATION

THIRD SCHEDULE —

CRITERIA FOR APPROVAL OF CHARITABLE CHILDREN’S INSTITUTIONS

FOURTH SCHEDULE —

FORM OF APPEAL AGAINST REJECTION OF APPLICATION FOR REGISTRATION AS A CHARITABLE CHILDREN’S INSTITUTION

FIFTH SCHEDULE —

CERTIFICATE OF REGISTRATION OF A CHARITABLE CHILDREN’S INSTITUTION

SIXTH SCHEDULE —

FORM FOR NOTIFICATION OF ESTABLISHMENT OF A CHILD WELFARE PROGRAMME

SEVENTH SCHEDULE —

CRITERIA FOR ESTABLISHMENT OF CHILD WELFARE PROGRAMMES

EIGHTH SCHEDULE —

CERTIFICATE OF APPROVAL OF CHILD WELFARE PROGRAMME

NINTH SCHEDULE —

MATTERS FOR INCLUSION IN THE MISSION AND POLICY STATEMENT

TENTH SCHEDULE —

INFORMATION REQUIRED IN RESPECT OF PERSONS SEEKING TO CARRY ON, MANAGE OR WORK AT AN INSTITUTION

ELEVENTH SCHEDULE —

INFORMATION TO BE INCLUDED IN THE CASE RECORDS OF CHILDREN ACCOMMODATED IN INSTITUTIONS

TWELFTH SCHEDULE —

OTHER RECORDS WITH RESPECT TO INSTITUTIONS

THIRTEENTH SCHEDULE —

EVENTS AND NOTIFICATION

FOURTEENTH SCHEDULE —

MATTERS TO BE MONITORED BY ADMINISTERING AUTHORITY