Right to social security

(1) Every child whose parent or guardian is unable to maintain the child has the right to social security as guaranteed by Article 43(3) of the Constitution.
(2) Without prejudice to the generality of subsection (1), "social security "includes alternative care services provided under this Act, and in particular—
(a) kinship care;
(b) guardianship;
(c) foster care;
(d) adoption;
(e) kafaalah;
(f) care in emergency situations;
(g) temporary shelter;
(h) supported independent living;
(i) supported child-headed households;
(j) institutional care; and (k) aftercare.
(3) The objectives of alternative care under subsection (2) are to—
(a) facilitate the provision of parental care and protection of a child in accordance with the best interest and wellbeing of the child;
(b) place the child as close as possible to his or her usual place of residence;
(c) provide a stable, loving and protective home for the child with permanency as the long-term goal; and
(d) safeguard the child from abuse, violence or exploitation.
(4) The following principles shall be considered when placing a child in alternative care—
(a) the family is the fundamental group in society that provides the care and protection for a child;
(b) the process of providing alternative care to a child shall be participatory, and in the best interest of the child;
(c) poverty, disability or provision of education shall not be the driving factor for removing a child from his or her family and placing him or her in alternative care;
(d) the removal of a child from his or her family for the purpose of placement in alternative care shall be temporary and a last resort, and shall be carefully monitored in accordance with this Act;
(e) siblings shall be kept together during removal and placement in alternative care, unless it is unsafe to do so, or not in the best interest of the siblings;
(f) the placement of a child in alternative care shall be appropriate to the child’s individual needs;
(g) the provision of alternative care shall not be carried out for the primary purpose of advancing the religious, political, economic or any other personal goals of the caregiver; and
(h) the use of institutional care shall be limited and provided under strict standards and regulations, and children under three years of age shall be placed in family-based care settings.
(5) A child under the age of three years shall not be placed in alternative care in an institution, except in compelling circumstances and, in any event, for a period not exceeding three months.
(6) A child may be placed in alternative care away from the parental home under a formal or informal arrangement pursuant to either—
(a) a decision of the Court or of the Secretary; or
(b) the initiative of the child, his or her parents or primary caregivers, or independently by a care provider in the absence of the child’s biological parents.
(7) The Cabinet Secretary responsible for matters relating to finance shall establish a fund under the Public Finance Management Act (Cap. 412A) to be known as the Child Welfare Fund to facilitate the realisation of the right guaranteed by Article 43(3) of the Constitution in respect of all reasonable expenses incurred in relation to alternative care and other social security programmes designed to facilitate the realisation of the welfare of the child.