Repealed by Children’s Act, Cap 141




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Regulations under section 76 –
[L.N. 268/1965]
THE CHILDREN AND YOUNG PERSONS (APPROVED INSTITUTIONS) REGULATIONS
Citation.
1. These Regulations may be cited as the Children and Young Persons (Approved Institutions) Regulations.
Interpretation.
2. In these Regulations, "administering authority" means the appointed local authority or the managing committee or governing body of any approved Voluntary society or approved voluntary institution, or children's home.

General principles of administration.
3. It shall be the duty of the administering authority to make the necessary arrangements for every institution or children's home for which it is responsible to ensure that the affairs of the institution or children s home are conducted in a proper manner and on principles calculated to secure the well-being of the children.
Visits by administering authority.
4. (1) Where the administering authority is not itself carrying on the day-to-day management of the institution or children's home it shall make arrangements for the institution or children's home to be visited at least once in every month by an authorized person who shall satisfy himself that the institution or children's home is conducted in the best possible interest and well-being of the children and shall furnish a report as to his findings of his visit to the administering authority, and shall enter in the record book referred to in paragraph 3 of the Schedule to these Regulations his name and the date of his visit.
(2) Where the administering authority is an appointed local authority or an approved society, it shall be secured by arrangement that the person visiting is a member of the appropriate welfare committee of the appointed local authority or a member of a subcommittee established by that committee or such officer or one of such officers of the appointed local authority or approved society.
Person in charge of institution or children's home.
5. (1) The administering authority shall appoint a person to be in charge of the institution or children's home, as the case may be:
Provided that, where a person is in charge of the institution or children's home immediately before these Regulations come into force, that person shall be deemed to have been appointed to be in charge of the home under this paragraph.
(2) The person in charge of the institution shall compile the records specified in the Schedule to these Regulations and shall keep them available at all times for inspection by any person visiting the home under regulation 4 of these Regulations or by any inspector appointed under section 54 of the Act.
(3) The person in charge of the institution or children's home shall be responsible for the custody of the medical record of each child and shall at all times keep them available for inspection by a medical practitioner or any Inspector appointed under the Act or any person specifically authorized by the administering authority in that behalf.
Worship.
6. The administering authority shall secure that each child shall be given opportunity to attend such religious services or religious institutions according to his religious persuasion.
Medical care.
7. (1) The administering authority shall appoint a medical officer for the institution or children's home, as the case may be, for which it is responsible.
(2) The duties of the medical officer shall include -
(a) the general supervision of the health of children (including their dental health);
(b) the general supervision of the hygienic condition of the institution or children's home;
(c) the carrying out of any medical examinations required under these Regulations; and

(d) the supervision, compilation and maintenance of medical records of the children accommodated in the institution or children's home.


(3) Notwithstanding anything contained in this regulation the administering authority may at its discretion appoint more than one medical officer and may distribute duties specified in paragraph 2 of this regulation.
Notification of death, serious illness or accident.
8. (1) Where the administering authority is an appointed local authority or approved society, and in the case of an institution or children's home the person in charge shall forthwith notify the chief inspector of children of -
(a) the death of any child in the institution or children's home, the cause thereof and the relevant circumstances pertaining thereto;
(b) the relevant circumstances, in so far as they can by reasonable inquiry be ascertained, of the death of any child formerly in the institution or children's home who dies within two months of ceasing to be in the institution or children's home, if known to the appointed local authority or approved society or the person in charge of the institution or children's home as the case may be; and
(c) any outbreak of any infectious or contagious disease among the children under five years of age in the institution or children's home which the medical officer notifies to the person in charge of the institution or children's home to be sufficiently serious.
(2) Where the administering authority is an appointed local authority or approved society, and in case of an institution or children's home, the person in charge of such institution or children's home shall forthwith notify to the parent or guardian of the child or such other person or body for the time being responsible for the child -
(a) of the death of any child in the institution or children's home, the cause thereof and the relevant circumstances pertaining thereto; and
(b) of any accident to any child in the institution or children's home or illness from which such a child suffers which in the opinion of the medical officer as notified to the person in charge of the institution or children's home is sufficiently serious.
Consultation with fire authority, and fire drill.
9. (1) The administering authority shall consult the fire authority of the area in which the institution or children's home is situated on fire precautions in the institution or children's home.
(2) The administering authority shall make arrangements to secure by means of fire drill and practices that the staff of the institution or children's home, and so far as practicable the children themselves, are well versed in the procedure of saving life in case of fire.
Notification of outbreak of fire.
10. The administering authority shall notify the chief inspector of children forthwith of any outbreak of fire in the institution or children's home necessitating the removal of any children from the institution or children's home, or such part thereof in which the fire breaks out.
Punishment.
11. (1) No corporal punishment shall be administered by any person except the person in charge of the institution or children's home or, in the event of his illness or absence, a person deputed by him for that purpose.
(2) No corporal punishment shall be administered to any child under seven years of age except by smacking his hands with the bare hand of the person administering punishment.
(3) No corporal punishment shall be administered to girls who have attained the age of seven years, or boys who have attained the age of seventeen years.
(4) Corporal punishment must be inflicted on the buttocks with a cane or smooth light switch and in no event shall exceed six strokes.
(5) No corporal punishment shall be administered to any child known to be suffering from any physical or mental disability without the prior sanction of a medical officer.
(6) Corporal punishment must not be administered in the presence of other children and may only be inflicted after full inquiry.
(7) A record of every case of corporal punishment shall be entered in the punishment book referred to in paragraph 7 of the Schedule to these Regulations.
Limitation as to number of children to be accommodated.
12. The chief inspector of children may give directions to the administering authority limiting the number of children who may at any one time be accommodated in the institution or children's home:
Provided that no institution or children's home shall be prevented by virtue of this regulation from giving care and shelter to a child where no alternative is available.
Visiting by parents or guardians.
13. The administering authority shall in consultation with the chief inspector of children grant reasonable access to the parents and guardians of children in the institution or children's home to visit and communicate with the children.
Change of persons in charge.
14. The administering authority shall forthwith give notice to the chief inspector of children when a person in charge of an institution or children's home ceases to hold office as such and thereafter notify as soon as expedient to the chief inspector of children the name and particulars of the person appointed in his place.
Application.
15. These Regulations shall apply to institutions and children's homes for which approved societies or approved voluntary institutions or appointed-local authorities are responsible, except -
(a) juvenile remand homes and approved schools; and
(b) institutions established under the Probation of Offenders Act (Cap 64).

SCHEDULE

(rr.4 (1), 5 and 11)



RECORDS

1. A register in which shall be entered the date of admission and the date of discharge of every child accommodated in the institution or children's home.

2. In institutions or children's homes accommodating more than twenty children, a register indicating every day child present in the institution or children's home on that day.

3. A record book in which shall be recorded events of importance connected with the institution or children's home.

4. A record of every fire practice or drill conducted in the institution or children's home.

5. Records of the food provided for the children accommodated in the institution or children's home in sufficient detail to enable any person inspecting the records to judge whether the dietary is satisfactory.

6. Where consultation under regulation 9 has taken place a record of fire Precautions agreed upon by the administering authority and the fire authority after such consultation as being practicable and suitable to the circumstances of the institution or children's home

7. A punishment book in which shall be entered a record of all corporal punishment administered.

8. A case history file of each inmate.

L.N. 289/1965



THE CHILDREN AND YOUNG PERSONS (REGISTRATION) REGULATIONS

1. These Regulations may be cited as the Children and Young Persons (Registration) Regulations.

2. (1) The managers of any approved school, voluntary institution, children's home, nursery, boarding-out establishment, holiday, home ,place of safety and other similar institution, not being a school, hospital, convalescent home or similar institution where children are received and cared for, for reward or otherwise, shall register same by making application in the appropriate form provided by these Regulations.

(2) Any person who contravenes this regulation shall be guilty of an offence and liable to a fine not exceeding two thousand shillings



3. Every application for the registration of an approved school under section 37 (1) of the Act shall be made in the form in the First Schedule to these Regulations.

4. Every application for the registration of an appointed local authority under section 58 (1)of the Act, or approved society under section 63 (1) of the Act, shall be submitted in the appropriate form in the Second Schedule to these Regulations.

5. Every application for the registration of an approved voluntary institution under section 63 (1) of the Act, or children's home under the Second Schedule to the Act, shall be submitted in the form in the Third Schedule to these Regulations.

6. Every application for "e registration of institutions, children's homes, nurseries, boarding-out establishments. holiday homes, places of safety or other similar institutions under section 76 (e) of the Act, in the area of any local authority, shall be submitted in the form in the Fourth Schedule to these Regulations.

7. Every application for approval and gazetting of children's officers or approved officers shall be submitted in the form in the Fifth Schedule to these Regulations

8. A certificate of an approved school shall be in the form in the Sixth Schedule to these Regulations.

9. A certificate of an appointed local authority, or an approved society, an approved institution or children's home, shall be in the appropriate form in the Seventh Schedule to these Regulations.

10. A certificate of registration of institutions, children's homes nurseries, boarding-out establishments, holiday homes and places of safety in the area of any local authority shall be in the form in the Eighth Schedule to these Regulations.

11. A warrant of authority shall be in the form in the Ninth Schedule to these Regulations.


FIRST SCHEDULE

(r. 3)
FORM OF APPLICATION FOR REGISTRATION OF AN APPROVED SCHOOL UNDER SECTION 37 (1) OF THE ACT


1. Name of school ……………………………………………………………………
2. Postal address …………………………………………………………………………..
3. Name of Headmaster/Principal ………………………………………………………
4. Managing body ………………………………………………………………………..
5. Address ……………………………………………………………………………….

……………………………………………………………………………………………..


6. Current office bearers –

Chairman/President …………………………………………………

Secretary ……………………………………………………………..
7. Type of school (day or boarding or both) …………………………………………
8. Type of normal pupils catered for (boys or girls or both) ………………………

…………………………………………………………………………………….


9. Existing normal accommodation …………………………………………….
10. Accommodation available for placings ………………………………………..

Boys …………………………………………………………….

Girls ……………………………………………………………..
I hereby make application for the registration of the above-mentioned school as an approved school under section 37(1) of the Children and Young Persons Act.
Name ……………………………….

Designation …………………………

Signature ……………………………

Full postal address ………………….

………………………………………
Date ……………………………
SECOND SCHEDULE

(r. 4)


FORM A

FORM OF APPLICATION FOR REGISTRATION OF AN APPOINTED


LOCAL AUTHORITY OR AUTHORITIES UNDER SECTION 58 (1) OF THE ACT
1. Name of Council or Councils.......................................................................
.......................................................................................................................

2. Postal address or addresses.......................................................................


.......................................................................................................................
3. Current office bearers -

(a)President/Chairman/Mayor...........................................................

(b)Clerk/Executive Officer.................................................................
4. Number of nurseries -

(a)Established.....................................................................................

(b)Proposed........................................................................................

5. Number of homes -

(a) Established......................................................................................

(b) Proposed........................................................................................


6. Number of children's officers -

(a) Employed........................................................................................

(b) To be employed...............................................................................
I hereby make application for the registration of the above- mentioned Council or Councils under section 58 (1) of the Children and Young Persons Act as an Appointed Local Authority.
Name................................................................

Designation.........................................................

Signature...........................................................

Full postal address ..............................................


...........................................................................

Date.........................................


FORM B

FORM OF APPLICATION FOR REGISTRATION OF AN APPROVED


SOCIETY UNDER SECTION 63 (1) OF THE ACT

1. Name ..........................................................................................................


.....................................................................................................................

2. Postal address .............................................................................................


.....................................................................................................................

3. Societies Act Registration No. ..................... Date.....................................


4. Current office bearers -
(a) President/Chairman...................................................................
(b) Secretary...................................................................................
(c) Treasurer.....................................................................................
(d) Executive Officer/Manager....................................................
5. Number of established branches..................................................................
6. Number of established institutions/homes......................................................
7. Number of approved officers employed........................................................
To be employed..........................................................................
I hereby make application for the registration of the above-mentioned Society as an Approved Society under section 63 (1) of the Children and Young Persons Act.
Name...........................................................

Designation...................................................

Signature.......................................................

Full postal address.........................................


.........................................................................

Date...................................

 
THIRD SCHEDULE

(r.5)


FORM OF APPLICATION FOR REGISTRATION OF AN APPROVED
VOLUNTARY INSTITUTION OR CHILDREN'S HOME UNDER SECTION 63 (1) AND THE SECOND SCHEDULE TO THE ACT
1. Full postal address of the voluntary institution or children's home
......................................................................................................................

2. Full name and address of the person in charge of the voluntary institution or children's home...............................................................................................


......................................................................................................................

3. Full name and address of the Chairman of the organization


......................................................................................................................
4. Full name and address of the Secretary of the organization
.....................................................................................................................

5. Date on which the voluntary institution or children's home was opened, or on which it is intended to be opened, for the reception of children and young persons ............................................................................................................


.....................................................................................................................

6. Number of children or young persons (that is, persons under the age of 18) of each sex and age limits of the children or young persons for whom accommodation is, or is intended to be, provided in the voluntary institution or children's home............................................................................................


.....................................................................................................................
7. Number of persons, other than staff, aged 18 or over for whom accommodation is, or is intended to be, provided in the voluntary institution or children's

home................................................................................................


8. The voluntary institution or children's home is/will be –
*(a) supported wholly or partly by voluntary contributions;

*(b) a voluntary institution or children's home not being a school within the meaning of the Education Act (Cap. 211) which is not supported wholly or partly by voluntary contributions but is supported wholly or partly by endowments.


I hereby make application for the registration of the above-mentioned voluntary institution or children's home under section 63 (1) of the Children and Young Persons Act.

Name..........................................................................

Designation..................................................................

Signature.....................................................................

Full postal address........................................................
.....................................................................................

Date...................................................................


*Delete whichever is inapplicable.

 

FOURTH SCHEDULE

(r.6)

FORM OF APPLICATION FOR REGISTRATION OF INSTITUTIONS, CHILDREN'S HOMES, NURSERIES, BOARDING-OUT ESTABLISHMENTS, HOLIDAY HOMES, PLACES OF SAFETY AND SIMILAR INSTITUTIONS ESTABLISHED BY COUNCILS OR NON-REGISTERED BODIES IN THE AREA OF ANY LOCAL AUTHORITY UNDER SECTION 76 (e) OF THE ACT


1. Name of Council.......................................................................
being or about to be registered as Appointed Local Authority within the meaning of section 58 (1) of the Children and Young Persons Act, hereby applies to register or have registered the undermentioned Institution under section 76 (e) of the Act.
2. Name of Institution....................................................................
3. Purpose of Institution..................................................................
4. Location....................................................................................
5. Full postal address of Institution...................................................
6. Name of officer-in-charge...........................................................
7. Capacity: Boys.......... Girls................... Total..........................
8. Presently accommodated: Boys...... Girls...... Total......
9. Nature of accommodation provided: (temporary, semi-permanent, and permanent)....................................................................................
10. Other facilities provided ............................................................
.......................................................................................................
11. Equipment installed...................................................................

To be installed.....................................................................


12. Number of staff employed: Qualified......... Unqualified .............
to be employed: Qualified........ Unqualified......
13. Housing for staff ........................................................................
........................................................................................................
14. Name........................................................................................

Designation..............................................................................

Signature................................................................................
15. Full postal address...................................................................

Date...........................................

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