(a)    Rationale

The Division is established pursuant to the Constitution of Kenya (2010), specifically Articles 45 and 53, as well as the provisions of the Children Act, Cap. 141, Part X, Part XIII, Part XIV, Sections 11 and 12
The national legal and policy framework aligns with international and regional instruments, including the United Nations Convention on the Rights of the Child (UNCRC), Articles 5, 6, 18, 20, 21, and 25 and the African Charter on the Rights and Welfare of the Child (ACRWC), Articles 18, 19, 20, 24, and 25.
The Division will also oversee the implementation of the National Policy on Family Promotion and Protection (2023) and the Kenya Integrated Early Childhood Development Policy Framework.

(b)    Functions

The functions of the Division will be to: -

1. Coordinate development, implementation and review of policies, strategies, legislation, regulations, guidelines, standards and procedures on family promotion and child development;
2. Coordinate capacity building programmes for practitioners and stakeholders implementing family promotion and child development services;
3. Oversee the design and implementation of family promotion and child development   programmes;
4. Coordinate the establishment, implementation and review of complain management and feedback mechanisms on family promotion and development;
5. Oversee implementation of Alternative Family Care and community-based care options services including guardianship, foster care, kinship care, kafalaah and adoption; 
6. Coordinate documentation and dissemination of good practices in family promotion and child development;
7. Collaborate with state and non-state agencies including public benefit organizations for effective implementation of family promotion and child development programmes;
8. Spearhead the implementation of Adoption Services including monitoring of adoption Societies’;
9. Oversee the administration of Matrimonial and Succession Laws, ensuring families receive legal guidance and protection;
10. Spearhead promotion of Alternative Dispute Resolution and Traditional Dispute Resolution mechanisms to manage conflicts within family such as disputes in divorce, custody matters and matrimonial property dispute resolutions and settlement;
11. Coordinate the development and promotion of media content that promotes strong family values;
    Oversee foster care system for safe child placement including maintaining National Foster Care Register;
12. Spearhead establishment of a referral and support systems for families in crisis;

Facilitate monitoring and evaluation of programmes and projects on family promotion and child development.

The Division will comprise the following four (3) Sections: -

1. Family Promotion and Protection; 
2. Integrated Early Childhood Development; 
3. Alternative Family Care
    

Family Promotion and Protection Sections

The Family Promotion section will be responsible for the coordination and implementation of Family Promotion and Protection Policy, 2023 through targeted programmes and activities aimed at supporting, strengthening, and safeguarding families as the foundation of society and the primary duty bearers in child care and protection.

Integrated Early Childhood Development Section

The Kenya Integrated Early Childhood Development (IECD) Policy provides a holistic framework for promoting children’s health, development, protection, and participation from the prenatal stage to age eight. It seeks to build a strong foundation for children’s growth through multi-sectoral collaboration addressing risks such as poverty and malnutrition. The Division will coordinate sectors involved in early childhood development to ensure effective service delivery and will also regulate child care facilities (daycare centers), a currently unregulated area posing child protection concerns.

Alternative Family Care

The Children Act, Cap. 141 upholds every child’s right to family care and protection, and where separation occurs, to appropriate alternative family care. Research shows that institutional care harms children’s development. The Government of Kenya, through Care Reform, promotes family- and community-based care. This Section will coordinate alternative care services and implementation of the National Care Reform Strategy to ensure children grow up in safe and supportive families.