CHAPTER 61
CHILDREN'S HOMES (REGULATION) ACT

 

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

   REGULATIONS

      The Children's Homes Regulations

REGULATIONS

THE CHILDREN'S HOMES REGULATIONS

 

(Section 10)

G.Ns. Nos.
404 of 1968
418 of 1968

 

1.   Citation

   These Regulations may be cited as the Children's Homes Regulations.

 

2.   Interpretation

   In these Regulations, unless the context otherwise requires–

   "Commissioner" means the Commissioner for social welfare;

   "licensee" means a person who holds a licence authorising him to carry on a children's home;

   "Medical Officer" means a medical officer in the service of the Government, or a medical practitioner approved by the Commissioner for the purposes of these Regulations.

 

3.   Licence to operate home

   (1) An application for a licence to carry on a children's home shall be in the Form1 prescribed in the First Schedule.

   (2) A licence to carry on a children's home shall be in the Form 2 prescribed in the First Schedule.

 

4.   Records to be maintained

   Every licensee shall maintain or cause to be maintained on the premises specified in his licence–

 

   (a)   a monthly statistical record in the Form 3 prescribed in the First Schedule;

 

   (b)   in respect of each child–

 

      (i)   a record in the Form 4 prescribed in the First Schedule;

 

      (ii)   a medical health record in the Form 5 prescribed in the First Schedule.

 

5.   Submission of annual reports and estimates to Commissioner

   (1) Every licensee shall submit to the Commissioner–

 

   (a)   an annual statistical report in the Form 6 prescribed in the First Schedule;

 

   (b)   an annual report, including a statement of accounts and information as to the staffing of the home, in the Form 7 prescribed in the First Schedule;

 

   (c)   estimates of expenditure in carrying on the home;

 

   (d)   plans, if any, for increasing the accommodation available for children.

   (2) The information required to be submitted under paragraphs (a), (b) and (c) of subregulation (1) shall be submitted not later than the 31st March in every year or on such other date as the Commissioner may allow.

 

6.   Diet

   (1) Every licensee shall provide for each child under his care a diet which is nutritionally suitable and adequate for its age and, in so far as it may be practicable, in accordance with the minimum standards prescribed in the Second Schedule.

   (2) The meals provided for the children shall be wholesome in quality and shall be prepared and cooked in a clean manner.

 

7.   Medical care

   Every licensee shall cause every child–

 

   (a)   to be examined by a Medical Officer prior to the admission of the child into the home and the Medical Officer shall record his findings in the form referred to in regulation 4(b)(ii);

 

   (b)   to be examined after admission at intervals of not more than three months and, where the child examined suffers from any physical or mental incapacity, the Medical Officer shall submit a report to the Commissioner setting out the nature and extent of the incapacity;

 

   (c)   to be immunised against such diseases as the Medical Officer or the Commissioner may direct;

 

   (d)   to undergo any medical treatment directed by a Medical Officer.

 

8.   Death to be reported to Commissioner

   (1) Every licensee shall report the death of any child residing in the children's home to the Commissioner within twenty-one days of the date on which the death occurs, and such report shall give particulars of the name, sex and age of the deceased child and of the date, cause and circumstances of the death.

   (2) Nothing in subregulation (1) shall be construed as exempting a licensee from the provisions of section 17 of the Births and Deaths Registration Act *.

 

9.   Staff

   Every licensee shall–

 

   (a)   employ such number of staff as may be necessary for the efficient carrying on of the children's home, having regard to the number, age and state of health of the children residing in the home;

 

   (b)   ensure that the home is under the care and supervision of at least one senior member of the staff at all times;

 

   (c)   ensure that all members of the staff are at all times free from any infectious or communicable disease.

 

10.   Accommodation and other facilities for the children

   (1) Every children's home shall provide–

 

   (a)   adequate sleeping accommodation which shall conform to the following rules–

 

      (i)   there shall be a distance of not less than two and a half feet between the beds, cots or cribs used by children under the age of six years;

 

      (ii)   an area of not less than forty square feet for each child of six years of age or more;

 

      (iii)   male children who have attained the age of eight years shall not be allowed to sleep in the same room or dormitory where female children who have attained the age of six years sleep;

 

      (iv)   children suffering from any infectious or communicable disease shall be isolated from the other children;

 

   (b)   such washing facilities and such number of lavatories as may be sufficient for the children residing in the home and the staff of the home;

 

   (c)   a suitable kitchen furnished with the necessary cooking utensils;

 

   (d)   a laundry furnished with adequate equipment;

 

   (e)   facilities for indoor and outdoor recreation for the children.

   (2) Where a children's home is carried on in premises which comprise more than one storey, the sleeping accommodation for the children shall be located on the ground floor or, with the approval of the Commissioner, on the floor immediately above the ground floor.

   (3) All parts of a children's home shall at all times be kept in a clean and sanitary condition.

 

11.   Placing of children in foster homes

   (1) Any person who intends to provide foster care for a child resident in a home shall submit an application to the licensee and homes every such application shall be in the Form 8 prescribed in the First Schedule.

   (2) The consent of a parent or relative for the placement of a child under foster care shall be in the Form 9 prescribed in the First Schedule.

   (3) Every person to whose care a child is entrusted for the purpose of providing foster care shall give an undertaking in the Form 10 prescribed in the First Schedule.

 

12.   Restrictions on foster care

   (1) When a person intends to provide foster care for a child resident in a home, the licensee shall ensure that no child who is a citizen of the United Republic shall be placed under the care of a person who is not ordinarily resident in the United Republic.

   (2) A person under whose care a child has been placed shall not remove such child from within the United Republic except with the written consent of the parents and the Commissioner.

   (3) No licensee shall place any child under the foster care of any person, other than a relative, without the approval of the Commissioner.

 

13.   Offences

   (1) Every licensee and every person who manages or assists in the management of a children's home, if he contravenes any of the provisions of these Regulations, commits an offence and is liable upon conviction to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding two months or to both such fine and imprisonment.

   (2) Any person who takes any child from a children's home under his foster care, if he contravenes any of the provisions of these Regulations, or breaches any undertaking given by him, commits an offence and is liable upon conviction to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding two months, or to both such fine and imprisonment.

FIRST SCHEDULE
FORMS

 

THE UNITED REPUBLIC OF TANZANIA

FORM 1
APPLICATION FOR A LICENCE

 

THE CHILDREN'S HOMES (REGULATION) ACT (CAP. 61)

 

The Children's Homes Regulations

 

(Regulation 3(1))

 

SECTION "A"

(To be completed by applicant) 

1. 

Name of applicant ..................................................................................................
............................................................................................................................. 

2. 

Address ................................................................................................................ 

3. 

Name of the Home ................................................................................................. 

4. 

Name of person in charge of the Home ..................................................................... 

5. 

Name of person in charge of the organisation ............................................................
.............................................................................................................................. 

6. 

Main functions of the organisation ...........................................................................
............................................................................................................................. 

7. 

Number of children to be accommodated ................................................................. 

8. 

Age group included: 

 

(a)   Infants to 2 years ..............................................................................................


(b)   Pre-School .......................................................................................................


(c)   School Age ...................................................................................................... 

9. 

Accommodation available for different age groups
(see Regulations) ................................................................................................... 

Date ................................. 20........



Date ................................. 20........ 

........................................................
Signature of i/c of Home


........................................................
Signature of i/c of Organisation

SECTION "B"

(To be completed by W./I. officer) 

10. 

Date of investigation ............................................. 20........ 

11. 

Recommendations of the Welfare/Investigating Officer: .............................................
............................................................................................................................ 

   Date ................................. 20........ 

.........................................................
Welfare Investigating Officer

SECTION "C"

(To be completed by c.s.w.) 

12. 

I approve/do not approve 1 the application because ...................................................
.............................................................................................................................
.............................................................................................................................
and licence No. .............................................. dated ................................. 20........
issued 

   Date ................................. 20........ 

.........................................................
Commissioner for Social Welfare

FORM 2
LICENCE TO OPERATE A CHILDREN'S HOME

 

THE UNITED REPUBLIC OF TANZANIA

 

THE CHILDREN'S HOMES (REGULATION) ACT (CAP. 61)

 

The Children's Homes Regulations

 

(Regulation 3(2))

 

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

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.