First Schedule
Guiding principles in the implementation of the Act
1. Welfare principle
Whenever the State, a court, a local authority or any person determines any question with respect to—(a)the upbringing of a child; or(b)the administration of a child’s property or the application of any income arising from it,the child’s welfare shall be of the paramount consideration.2. Time being of the essence
In all matters relating to a child, whether before a court of law or before any other person, regard shall be had to the general principle that any delay in determining the question is likely to be prejudicial to the welfare of the child.3. Criteria for decisions
In determining any question relating to circumstances set out in paragraph 1(a) and (b), the court or any other person shall have regard in particular to —(a)the ascertainable wishes and feelings of the child concerned considered in the light of his or her age and understanding;(b)the child’s physical, emotional and educational needs;(c)the likely effects of any changes in the child’s circumstances;(d)the child’s age, sex, background and any other circumstances relevant in the matter;(e)any harm that the child has suffered or is at the risk of suffering;(f)where relevant, the capacity of the child’s parents, guardians or others involved in the care of the child in meeting his or her needs.4. Rights of the child
A child shall have the right—(a)to leisure which is not morally harmful and the right to participate in sports and positive cultural and artistic activities;(b)to a just call on any social amenities or other resources available in any situation of armed conflict or natural or man-made disasters;(c)to exercise, in addition to all the rights stated in this Schedule and this Act, all the rights set out in the United Nations Convention on the Rights of the Child and the Organisation for African Unity Charter on the Rights and Welfare of the African Child with appropriate modifications to suit the circumstances in Uganda, that are not specifically mentioned in this Act.
Second Schedule (Section 3)
Foster Care Placement Rules
1. Title
These Rules may be cited as the Foster Care Placement Rules.2. Interpretation
In these Rules, unless the context otherwise requires—(a)“approved home” means a home approved by the Minister;(b)“child” means a person below the age of eighteen years;(c)“commissioner” means the Commissioner for Social Welfare;(d)“foster child” means a child placed with a foster parent or foster family;(e)“foster family” means a family in which a child is placed;(f)“foster parent” means a person with whom a child is placed under these Rules;(g)“supervising officer” means the district probation and social welfare officer or a responsible person delegated by him or her to act on his or her behalf.3. Application of rules
These Rules apply to the placement of a child with foster parents by a probation and social welfare officer.4. Application to foster a child
Any person interested in fostering a child shall complete the application form specified in Form 1 of the Schedule to these Rules and submit it to the district probation and social welfare officer or to the warden of an approved home.5. Persons qualified to foster children
(1)The following persons may apply to be foster parents —(a)a husband and wife, but if a man has more than one wife, the name of the wife who is to be the foster mother shall be clearly stated;(b)a single woman not below the age of twenty-one years; or(c)a single man not below the age of twenty-one years.(2)A single man may not foster a female child under this Act.(3)A non-Ugandan citizen residing in Uganda is qualified to apply to be a foster parent subject to subrule (1).6. Procedure before placement
(1)A child shall not be placed with a foster parent who is not a relative of the child unless—(a)a probation and social welfare officer has interviewed the prospective foster parent and assessed that he or she is a suitable person to foster a child;(b)a probation and social welfare officer has visited the home of the prospective foster parent and has confirmed in writing that it is likely to meet the requirements of the particular child and that the conditions in it are satisfactory;(c)two persons who know the prospective foster parent well have vouched for his or her good character and suitability to care for the child, and one of the two persons shall be the secretary for children’s affairs of the village local council or the village chief;(d)it has been established from the secretary for children’s affairs of the council or the person in charge of any government medical unit in the area that no person in the household of the prospective foster parent is suffering from any physical or mental illness likely to affect the child adversely;(e)it has been established from the secretary for children’s affairs or from the officer in charge of the police station in the area that no person in the home has been convicted of a serious criminal offence rendering it undesirable for the child to associate with that person; and(f)the wishes of the child so far as can be ascertained concerning the proposed fostering have been ascertained and have, so far as practicable, been taken into account.(2)For record purposes, the probation and social welfare officer concerned with the fostering shall make a written report which shall contain the following —(a)the information required in subrule (1) of this rule;(b)details of the name, approximate age, religion and employment of the prospective foster parents; and(c)the number and approximate ages of other persons living in the household of the prospective foster parent.(3)The report shall be in Form 3 as specified in the Schedule and shall be filed in the district probation and social welfare office.7. Religion
(1)Where a child’s religion is known, the child shall be placed with a foster parent who is of the same religion as the foster child; but where that is not possible, the foster parent shall undertake to bring up the child in accordance with the religious denomination of the child.(2)Where a child’s religion is not known, the child shall be placed with a foster parent who shall undertake to bring up the child in accordance with the religious denomination of the foster parent.8. Cultural background
Wherever possible, a child shall be placed with a foster parent who has the same cultural background as the child’s parents and who originates from the same area in Uganda as the parents of the child.9. Undertaking by foster parents
(1)Each foster parent shall, on the day on which the child is placed with him or her, sign the undertaking specified in Form 2 in the Schedule in the presence of a witness.(2)Where the prospective foster parent cannot read the English language sufficiently to understand the nature of the undertaking, the supervising officer or the authorised officer concerned shall cause the undertaking to be explained to the prospective foster parent in a language which he or she understands and shall certify to that effect as prescribed in Form 2 of the Schedule.(3)Each foster parent shall be given a copy of the undertaking signed by him or her.(4)A copy of the undertaking shall also be sent to the district probation and social welfare office and to the commissioner.10. Medical arrangements
(1)Except in the case of an emergency, a child shall not be placed with a foster parent unless he or she has been examined by a qualified medical practitioner or such other medical personnel not below a rank approved by the director of medical services, and the person examining the child has reported in writing on the child’s physical and mental condition.(2)In the case of an emergency, the examination report required under subrule (1) of this rule shall be made within four weeks after the placing.(3)When a foster placement begins, the person placing the child with the foster parent shall submit to the foster parent a list of immunisations carried out in respect of the child and indicate to the foster parent the list of other immunisations required to be effected in respect of the child in accordance with the Ministry of Health’s schedule of immunisations, and the foster parent shall ensure that those immunisations are carried out.(4)The foster parent and the district probation and social welfare office shall at all times keep a record of the immunisations in respect of the child.(5)Where the child placed with a foster parent is under five years of age, the child shall be medically examined by a medical personnel referred to in subrule (1) of this rule —(a)within one month after the date of placement; and(b)thereafter once every six months, and the probation and social welfare officer concerned with the placement of the child shall, so far as possible, assist the foster parent in ensuring the carrying out of the requirements of this subrule.(6)Where the child placed with the foster parent is above the age of five years, the child shall be medically examined by the medical personnel referred to in subrule (1) of this rule once in every year.(7)The medical personnel who examines a child under subrule (5) or (6) of this rule shall report in writing to the probation and social welfare officer by whom the child was placed, or to the person in charge of the district probation and social welfare officer, on the physical, mental and emotional condition of the child as found by him or her.11. Supervising officer
A district probation and social welfare officer shall, subject to these Rules, be responsible for overseeing all aspects of the fostering and for ensuring that the provisions of these Rules are complied with.12. Visits during placement
(1)A probation and social welfare officer shall visit the foster family and see the child —(a)within two weeks after the date of placement of the child with the foster family where the child is under two years of age, and thereafter once every three months;(b)within one month after the date of placement of the child with the foster family where the child is above two years of age, and thereafter once every three months;(c)within one month after receiving notification from a foster parent that he or she has changed his or her residence;(d)immediately and in any case not later than one week after receipt of any information from the child, a foster parent or any other person which indicates the need for him or her to visit the child.(2)The probation and social welfare officer who carries out a visit under subrule (1) of this rule shall make a written report to be placed in the child’s case record stating in detail his or her observations as to the child’s welfare, progress and conduct and any changes which have occurred in the circumstances of the foster family.(3)The report made under subrule (2) shall also include the child’s views and feelings concerning placement; and where there are any problems, they shall be discussed and resolved openly within the foster family.13. Termination of placement
(1)A child shall not be allowed to remain with a foster parent where it appears that the placement is no longer in the best interests of the child except that—(a)the foster parent may appeal to the commissioner if the supervising officer seeks to remove a child who has been in the care of the foster parent for more than twelve months; and(b)the commissioner on any such appeal may prohibit the removal or authorise it subject to such conditions as he or she thinks fit.(2)A child shall not be required to remain in the care of a foster parent after he or she has attained the age of eighteen years.14. Illness
If a foster child is seriously ill, the foster parent shall as soon as possible give notice to the supervising officer, who shall in turn notify the parents or guardians of the illness.15. Death
(1)If the foster child dies, the foster parent shall make every effort to obtain a medical certificate of death and a post-mortem report and shall, within forty-eight hours after the death, notify the supervising officer responsible for that child, who shall in turn notify the commissioner of the death.(2)Where the child’s parents or guardians are known, the commissioner shall inform them of the child’s death.(3)If the foster parent dies, in the case where a child is placed with a single foster parent, the child shall be returned to the supervising officer or to the warden of the approved home from which he or she was received.16. Records
(1)Every district probation and social welfare office shall maintain a register of foster parents, in which shall be stated in respect of each foster parent, a record set out in Form 3 specified in the Schedule to these Rules.(2)The register referred to in subrule (1) of this rule shall, in addition, contain—(a)a statement of the name, sex, age, religion and address of each parent of the foster child, if known; and(b)the date of placement, the date of termination and the reason for termination.(3)The district probation and social welfare office shall also, in respect of each child placed by it in a foster home, maintain a foster child case record in the form set out in Form 4 in the Schedule.(4)The district probation and social welfare office shall also keep with the foster child case record the following —(a)a copy of the application form completed by the foster parent and a copy of the undertaking required by rule 9 of these Rules; and(b)reports made under rule 12 of these Rules.(5)A register prescribed by subrule (1) of this rule and a foster child case record made under subrule (3) of this rule may be inspected at any reasonable time by the commissioner or by any public officer authorised by him or her.(6)Every foster child case record made under this rule shall be preserved for at least five years after the child to whom it relates has attained the age of eighteen years or has died, or has returned to the care of his or her parents.(7)Every district probation and social welfare office shall report to the commissioner within one month after each fostering effected by it, the fact of the fostering and stating the information in Form 3 specified in the Schedule to these Rules.(8)A district probation and social welfare office shall also notify the commissioner within twenty-one days after its occurrence, of any change in the information referred to in subrule (7) of this rule.Schedule to the Rules (rule 4)
Forms
Republic of Uganda
Form 1
Application to Foster a Child
Foster Care Placements
The Children Act
Name of applicant __________________________________________________Married/single __________________________________________________Age __________________________________________________Address __________________________________________________Tel. No. __________________________________________________Number of children ___________________________ Age(s) ____________________________Employment of applicant _____________________________________________Employment of husband _______________________________________________Employment of wife __________________________________________________Other sources of income (e.g. farm) ____________________________________Have you ever fostered a child/children before? (If so, give particulars) ________________________Reasons to foster _______________________________________________________Are you willing to undertake short-term fostering? ______________________Names of two referees and their addresses (one shall be your local LC 1 chairperson or village chief)1. ____________________________2. ____________________________Age range __________________________Sex of child you wish to foster _______________________Applicant’s signature _____________________________Date ________________________________________Republic of Uganda (rule 9)
Form 2
Form of Undertaking
Foster Care Placements
The Children Act
I/We (names of foster parents)______________________________________________Who received (name of child)________________________________________________ into my/our home on (date) __________________________________________________ from (name of district probation and social welfare office) _________________undertake that-1. I/We will care for (name of child) ___________________________________ as though he/she were my/our own child.2. I/We will bring him/her up in accordance with the _________________________________ religion.3. I/We will look after his/her health and allow him/her to be medically examined as required by the district probation and social welfare office.4. I/We will allow an officer of the district probation and social welfare office or representative of the Ministry to visit my/our home and to see the child at any time.5. I/We will inform the district probation and social welfare office immediately if the child is seriously ill, or is missing, or is involved in an accident, or is in any kind of trouble.6. I/We will inform the district probation and social welfare office immediately if I/we plan to change residence and address.7. I/We understand that an officer of the district probation and social welfare office has the right to remove the child from my/our home in certain circumstances.____________________________________________Signed, foster father____________________________________________Signed, foster motherAddress of foster parent ____________________________Certificate
I, __________________________________________________________________________, (title) certify that I have explained the foregoing undertaking in the __________________________________________________ language to ______________________________________________ and _____________________________________________ foster parent(s).District Probation and Social Welfarre Officer ________________________Witness _______________________________Address of District Probation and Social Welfare Office _____________________Address of witness _____________________Date ______________________________Republic of Uganda (rules 6, 16)
Form 3
Prospective Foster Parent Record
Foster Care Placements
The Children Act
Name of prospective foster parent(s) ____________________________________Date of birth ____________________________________Age ________________________________District of origih ____________________________Religion _______________________________________Occupation ________________________________________________Marital status of prospective foster parents(s) ____________Date of marriage ___________________________________________Is the relationship monogamous or polygamous? ______________Home address ________________________________________LC1 ________________________________________________Village ____________________________________________Parish _____________________________________________Subcounty __________________________________________County _____________________________________________Details of other people living in the home:Name |
Relationship to prospective foster parent |
Age |
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Is there or has there been any serious illness/infection in the family? (If any, give details) _____________________State the income and wealth of the prospective foster parents __________________________Give details of businesses and land owned by the family/pen ___________________Description of the home ________________________________Number of rooms ___________________Type of toilet ______________________Type of water supply _________________Will the family/person need material support in order to start fostering? (If the answer is “yes”, state what will be needed.) _____________________________Why does this family/person wish to foster children? _________________________Do they understand the temporary nature of fostering? _________________________Has the person/any member of the family had a serious conviction? (If yes, give details and dates and state whether in your opinion it is of such seriousness as to prevent the family/person from taking on a foster placement.) ___________________________________Assessment of the suitability of that family/person to foster children _________________________________________________Recommendation ________________________________________________What type of foster child would best benefit from this family/person? (baby, child, male, female, etc.) _______________________Details of foster child(ren) already placed with foster parentsName |
Sex |
Date of placement |
Age at date of placement |
Date of termination |
Why terminated |
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Details of parents and siblings of foster children (if known)Name of foster child |
Names of parents |
Names ofbrothers/sisters offoster child |
Sex |
Age |
Religion |
Address |
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Name of supervising officer _______________Signature ____________________________Address _____________________Date ________________________Republic of Uganda (rule 16)
Form 4
Foster Child Care Record
Foster Care Placements
The Children Act
Name of child (surname first) _____________________________________Date of birth ______________________Age ________________________________District of origin _________________Sex ________________________________Religion ____________________________Names of foster parents ____________________________________ |
Foster parent’s home address |
Change of address |
LC 1 |
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Natural father’s name ____________________________________________ Alive/dead/unknownNatural mother’s name ____________________________________________ Alive/dead/unknown |
Natural father or guardian’s address |
Natural mother or guardian’s address |
LC 1 |
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Details of foster child’s brothers, sisters and relativesNames |
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Where was the child living immediately prior to this foster placement? (Please give names and addresses of carers or institution) ___________________Case history of the child and his/her family ___________________State what efforts have been made to trace the parents or relatives and to return the child to his/her family ______________________Details of medical history, including immunisation _____________________________Details of education-School ________________________________________ Class ______________Name of supervising officer __________________________________________Address ___________________________________________Supervisor’s signature _______________________________________Date __________________________________________
Third Schedule
Form 1 (Section 43B)
The Republic of Uganda
The Children Act Cap. 59
Petition for guardianship in the High Court of Uganda
In the matter of the Children Act and in the matter of _______________ (name of Child) of ___________________________________ village of _________________________________ Sub county.The petition of ___________________________________ (petitioner) of ____________________________________________ (address in Uganda and address in foreign country), (and of the same address) states as follows—The petitioner(s) is (are) desirous of obtaining legal guardianship of the child________________________ under the provisions of the Children Act.The petitioner ___________________ of _____________________ (L.C.I zone) ______________________ (town) ________________________ is a citizen of _____________________and stays in Uganda at the following address(es)Address L.C.I____________________________________________________________________________________________________________________________________________________________________________________The co-petitioner ___________________ of __________________ ____________ and has address____________________________________________________________________________________________________________________________________________________________________________________The petitioner ___________________ is unmarried (was married) to the co-petitioner ______________________, (at ________________ on the ______ (day) __________ (month) __________(year) (which marriage is supported by evidence annexed).The petitioner ______________________________ is by occupation ________________ and the co-petitioner ______________________ is by occupation a _______________________.The petitioner __________________________________ is ____ years of age(date of birth ______ (day) _________ (month) _______ (year), these dates supported by evidence of birth annexed)The petitioner _____________ is related to the child ______________ follows ______________ (and the co-petitioner _______________ is related to the child _______________ (as follows) (or, the petitioner (s) _______________ and ____________ is not (are not, nor is either of them) related to the child.The petitioner __________________________________ annexes a certificate marked ______________________ that he/she does not have a criminal record ___________________________ and affirms that he/she does not have a criminal record in Uganda or any other country.The co-petitioner _________________________________________ annexes a certificate marked ________________________ that he/she does not have a criminal record ___________________ in Ugandan or any other Country.The petitioner _______________ attaches a recommendation concerning his/her suitability to adopt a child from ____________________ (recommender) of _______________________________ the probation and welfare office/other authority (specify) in ___________________________. Country of origin of the petitioner.The co-petitioner _____________________________ attaches a recommendation concerning his/her suitability to adopt a child from ____________________(recommender) of _______________________________ the probation and welfareoffice/other authority (specify) in _________________ Country of origin of co-petitioner _________________.The petitioner(s) has (have) resident with him/her (them) the followingchildren, namely, _________________ (son), aged ____ years, _________________ (daughter), aged ________ years, and (others)________________________________________________________________________________________________________________________The child ______________________________ is—(a)Of the _________________ sex:(b)Unmarried;(c)A child of ___________________ (father) of __________________ Village _________________ sub country ___________________ District and of _____________________ (mother) of ____________ Village ________________ sub county ________________ District;(d)A citizen of _____________________________________________;(e)_______ years of age, having been born at __________________ the ________ (day) ________________ (Month) _________ (year);(f)Resident at _______________ village _______________ Sub county _____________________ District;(g)now in the actual custody of ____________________ of _________________ village or (L.C.V) _______________ Sub county ____________ Town or _____________________District;(h)under the guardianship of _______________ of _________________ Village of (L.C.V) ________ Sub County or Town _______________ District; (i) entitled to the following property______________________________________________________________________________________________________________(i)the following persons are liable to contribute to the support of the child-(a)___________ of __________ village___________ Sub county __________________ District;(b)___________of ____________ Village________________ Subcounty ______________________ District;(c)other______________________________________________The petitioner(s) __________________ and _____________________ annexes (annex) the following consent(s) marked No. _______________, required under the Children ActName of person Relationship with Date of consent consenting child._________________________ ____________________________________________________ ____________________________________________________ ___________________________The child has not been the subject of a guardianship order or of an application or petition for a guardianship order (except that) (State order and application or petition, if any).The petitioner(s) has not (have not nor has either of them) received or agreed to receive and no person has made or given or agreed to make or give to the petitioner(s) (or either of them) any payment or reward in consideration of the guardianship of the child.The petitioner(s) undertake(s) that—(a)He/she/they shall care for (name of child) _____________________________________________________ as though he/she/they were my/our own child.(b)He/ She/they shall bring him/her up in accordance with the ____________________________ religion.(c)He/she/they shall look after his/her health and allow him/her to be medically examined as required by the district probation and social welfare office.(d)He/she/they shall allow an officer of the district probation and social welfare office or representative of the ministry to visit my/our home and to see the child at any time.(e)He/she/they shall inform the district probation and social welfare office immediately if the child is ill, or is missing, or is involved in an accident, or is in any kind of trouble.(f)He/she/they shall inform the district and social welfare office immediately if he/she plans to change residence and address.(g)He/she/they understand(s) that an officer of the district probation and social welfare has the right to remove the child from my/our home in certain circumstances.The petitioner(s) affirms (affirm) that a guardianship order made by this honorable court will be respected and recognized by ______________ the country of origin of petitioner ________________________ (and____________ the country of origin of petitioner ____________), and produces (Produce) a sworn annexed marked _____________________ to that effect.It is proposed that the costs of the petition shall be paid by the petitioner(s) __________________________ and ______________________________The petitioner(s) prays (pray)(a)That an order for guardianship of the child. ____________________________, by the petitioner(s) be made under the Children Act with all necessary directions;(b)That the cost of this petition be provided for as above-mentioned or otherwise as the court may direct; and(c)That such further or other order be made as the nature of the case may require.Signed______________________________________, PetitionerWitnessed __________________________________ (name) ________________ (occupation), of ________________ (address)Signed _______________________________________, PetitionerWitnessed __________________________________(name) ____________________ (occupation), of ____________________ (address)Form 2 (Section 43I)
The Republic of Uganda
The Children Act Cap. 59
Guardianship register
Name of child (surname first) ____________________________________Date of birth___________________ Age ___________ Sex __________Religion _____________________________________________________District of Origin ______________________________________________Names of Guardians ___________________________________________Name of biological father ______________________ Alive/dead/unknownName of biological mother _____________________ Alive/dead/unknownDetails of medical history, including immunization____________________________ _________________________________________________________ _________________________________________________________ _____________________________(Attach a copy of the child’s immunization card)Details of educationSchool (current) ______________________ class ____________________Name of District probation and welfare officer__________________________________________________________Address _____________________________________________________________________________________________District Probation and Welfare Officer’s SignatureDate:______________________Guardian.
Fourth Schedule
Meetings of the Board
1. Meetings of the Board
(1)The board shall meet at least once every month at such place and such time as may be determined by the board.(2)The chairperson shall preside at every meeting of the board and in his or her absence the members present may appoint a member from among themselves to preside at the meeting.(3)The chairperson or, in his or her absence, a member appointed by the board to act in his or her place may at any time call a special meeting, upon a written request by a majority of the members.(4)Notice of a board meeting shall be given in writing to each member at least five days before the day of the meeting, but an urgent meeting may be convened in less than five days’ notice, at the request of two or more members2. Quorum
The quorum at a meeting of the Board is four members.3. Decisions of the Board
All questions proposed at a meeting of the Board shall be decided by a simple majority of the votes of the members present and voting; and in case of an equality of votes, the person presiding shall have a casting vote in addition to that person’s deliberate vote.4.
A decision may be made by the Board without any meeting but by circulation of the relevant papers among the members and by the expression of the views of the majority of the members in writing; however, any member shall be entitled to require that the decision be deferred and the matter on which a decision is sought be considered at a meeting of the Board.5. Board may co-opt members
The Board may invite any person to attend any of its meetings as a consultant and may co-opt any person to the Board but that person shall not vote on any matter before the Board.6. Declaration of interest
(1)Any member of the board having pecuniary or other interest, directly or indirectly in any matter before the board shall, at that meeting, declare the nature of such interest and shall not take part in any discussion or vote on that matter, and if the Chairperson directs, the person shall withdraw from that meeting.(2)The failure of any member of the board to disclose an interest in any matter before the board will cause the decision of the board to be voidable at the instance of the other members of the board, and that member shall be liable to be relieved of his or her duties.(3)For purposes of determining whether there is a quorum, a member withdrawing from a meeting or who is not taking part under subparagraph (1) shall be treated as being present.7. Minutes of proceedings
(1)The board shall cause the minutes of all proceedings of its meetings to be recorded and kept, and the minutes of each meeting shall be confirmed by the board at the next meeting and signed by the chairperson of the meeting.(2)The chairperson of the board shall submit to the Minister a copy of the minutes of each meeting of the board as soon as the minutes have been confirmed.8. Board may regulate its procedure
Subject to this Act, the Board may regulate its own procedure and may make rules regarding the holding of meetings, notice to be given, the keeping of minutes or any other matter relating to its meetings.