[Rev. 2012] Children CAP. 141 PART XI – FOSTER CARE PLACEMENT 147. Conditions for foster care placement (1) Where a child has, by virtue of a care order, been committed to a rehabilitation school or to a charitable children’s institution, the Director in conjunction with the manager of the institution may place the child with a foster parent, for such period as the Director may from time to time authorise: Provided that a child in relation to whom a care order has been made by reason of having been found guilty of a criminal offence, shall not be placed with a foster parent without the leave of the court. (2) When a child has been placed in the care of a foster parent, it shall be the duty of the manager of the institution to which the child was first committed under a care order to supervise and assess the condition of the child periodically and to take such steps as shall be necessary to safeguard the welfare of the child. (3) A foster parent in whose care a child is committed shall, while the child remains in his care, have the same responsibilities in respect of the child’s maintenance as if he were the parent of the child. (4) The provisions of this Part shall cease to have effect in relation to a child— (a) upon the discharge of the care order; (b) upon the expiry of the period specified by the Director for the duration of the foster placement of the child; (c) upon the child attaining the age of eighteen years. 148. Persons qualified to foster children (1) Any of the following persons may apply to be appointed a foster parent or foster parents— (a) Spouses of a marriage; (b) a single woman not below the age of twenty-five years; (c) a single man not below the age of twenty-five years. (2) No single man may qualify to foster a female child and no single woman may qualify to foster a male child under this Part. (3) No person shall be appointed to be a foster parent unless the person is resident in the Republic of Kenya and has been so resident for a period of at least twelve months. (4) A foster parent shall not remove a child from the jurisdiction of the Republic of Kenya without the leave of the court and such leave shall only be granted upon exceptional circumstances being shown. (5) Where such leave is granted, the court shall impose such conditions and restrictions as it shall deem appropriate having regard to the best interests of the child. C15 - 69 [Issue 1]