Orphans and Other Children Made Vulnerable by HIV/AIDS

Home Based Care For Plwha: Presented by: J. M. Kyallo Pathfinder International

Pathfinder community prevention and support for PLWHA (COPHIA) is a community based programme funded by USAID.

The programme has activities in Mombassa Municipality, Thika ,Nairobi (slums), Kakamega and Busia.

The programme works with local implementing partners (LIPS) in these areas, pathfinder collaborates with other NGOs in matters of Health. FHI, Policy, PSI, KAPC, K.REP, MAP International offer consultancy in relevant areas.

Local Implementing Partners (LIPS) - selection criteria used is: Accountability and a MOU signed between the LIP and pathfinder.

Nairobi - KENWA, KICOSHEP, Redeemed Gospel Church.

Mombasa - Kisauni, Jonvu (BI), Mtongwe BI, Likoni BI.

Thika - RAAG (Ruiru AIDS Awareness Group) TAAG, MOH, WEHMIS.

Kakamega - Kabras Jua Kali, Mukumu Mission Hospital, Butula, REEP.

Busia - Wowesok, MOH/Port victors, Red cross.

COPHIA works with volunteers from the LIPS. Community Health Workers (CHWS), TOT, service providers in MoH and others e.g. retired persons. The objective of COPHIA is to reach the PLWHA at home and provide care and support through caregivers.

Services provided at home include, self-care, Nutrition, Personal hygiene, Basic nursing care e.g. would care. The programme prepares TOT, CHW in HBC and counseling skills to enable them support the caregivers and PLWHAS at home.

TOT, CHWs are also given training in VCT, PMTCT and communication to build their capabilities to carry out their services effectively.

Response to Orphans

The programme supports identification of orphans within COPHIA areas by communities, from the clients given HBC.

LIPS are disbursed some grants for orphans to offer direct support.

Other support comes from the communities as indirect support.

Examples of support to orphans are:

RGC 40 orphans were given school uniforms. 40 orphans had their school fees paid.

WOWESOK 229 orphans were identified. Community members fostered 22.

MUKUMU 450 orphans were identified. 15 were given skills training in tailoring and mechanics, others were provided with seeds for planting.

REEP 250 orphans were identified. Some who were out of school due to one reason or another were put back, uniforms, books, examination fees, pens and desks were provided.

MOMBASA 945 orphans were identified. 20 received vocational training in tailoring, mechanics etc. CHWs volunteered to teach in informal education for the orphans.

KENWA A drop in center has been set for out of school children where they are given informal education and feeding.

Challenges

Recommendations

• Increase or strengthen community care for PLWHA and orphans.
• Provide day care for foster parents and parents in need.
• Support groups should respond to psychological needs of orphans.
• Economic strengthening of households.
• School based services should be considered.
• Focus orphan support to sustainable activities within the communities.

Response To The Needs Of The Orphans, Programming, Achievements And Constrains: Presented By: Samuel M. Sila

Introduction

Kisayani Primary School has an enrolment of 586 pupils and 13 teachers. There are 100 orphans and 22 children with special needs among them. The school is situated at Kisayani Market about 10kms from Kibwezi town on the way to Kitui. The school is in Makueni district Kibwezi division Kathyaka zone.

The school has been experiencing a lot of problems as pertains to disadvantaged children who among them are orphans, children with special needs. Due to this issue, the school came up with tangible policies on how to deal with it once and for all.

Response

• First and foremost the school has created environmentally friendly atmosphere by adjusting physical features in the school for example building rams for physically disabled children.
• Creating awareness to both parents/guardians and regular children on orphans and vulnerable children in general, various activities in the school have been created to sensitize the community at large. These activities are child-to-child programmes, which help to highlight the plight of these children.
• Parental care is created at school which children feel loved and enhances their confidence.
• The school does not levy orphans and children with special needs and this helps them to be in school all the time of the year.
• The school provides some learning materials for orphans and children with special needs to help them learn well because some parents/guardians consider them as a burden to them.
• The school has set some programmes for guiding and counseling for both pupils and parents/guardians of orphans and children with special needs on how to learn well and how to care for the needs of orphans and children with special needs respectively.

Programming

• I have introduced inclusive education. This is a process of addressing learners' needs within educational available resources by creating opportunities to learning and preparing learners for life emphasis is on equality access and opportunity to education.
• We have reviewed school system and changed them rather than trying to change the learner.
• Provided a comprehensive educational plan that modifies curriculum to give maximum opportunity to children with special needs in Education including orphans for them to become productive members of the society.
• Develop positive attitude in parents, teachers, peers and the community at large towards children with special needs and orphans in education.
• Provide equal opportunities to all children. Children share knowledge and make friendship.
• This has been made successful by asking teachers to prepare individualized educational programme (I.E.P) for children with special needs. This is a written statement that describes what the teacher and other professionals will do to meet the special needs of a pupil with a learning problem.
• We have laid down plans to start a small home to house orphans and children with special needs however our donor has not responded yet.

Achievements

• We have succeeded in moving away from a state of segregation to inclusive learning. We now have all children together in their respective classes and attend to them according to their needs.
• All our pupils complete primary school course some orphans go as far as Starehe boys Center while others with special needs who score as low as 100 marks are easily accepted in the local polytechnics for practical courses.
• Parents/guardians have accepted to bring children with special needs and orphans to school with ease.
• We have succeeded in encouraging orphans and children with special needs to participate fully in music and sports activities to National levels.
• We have succeeded in sensitizing the staff members in the school to accept wholly orphans and children with special needs.
• World food programme project expanded feeding programme through Ministry of Education has enabled many orphans to be kept in the school learning and in good health.
• Won recognition from various stakeholders like AMREF, Action AID Kenya and the Ministry of Education Science and technology through the D.E.O Makueni not forgetting the National AIDS Control Council.

Constrains

Thou the school has achieved much, various constrains cannot go unmentioned. Inability of teachers to accommodate the diverse range of learning needs in classroom for example orphans with special needs need a good number of special trained teachers which the school lack at the moment.

Inflexible curriculum

This does not give extra time to attend to a child with special needs. There is negative attitude as far as orphans are concerned.

Financial strain in the school because the school uses a lot of money on orphans and children with special needs diverted from other school projects, which stop. In the final analysis orphans and children with special needs lack proper guardian waiting for any well wisher to fill the vacuum of a parent.

Response to the Needs of AIDS Orphans, Programming, Achievements and Constraints Presented By Gad Awuonda, State Counsel, Attorney General's Chambers

The Kenyan legal development has in the recent past been premised on the domestic application of human rights norms and standards set out in the various international instruments to which the country is party. In discussing the issue of orphaned and vulnerable children it is important therefore to have regard to what is enshrined in the main international instrument on child rights, the Convention on the Rights of the Child. (CRC)

The CRC contains certain rights to which children are entitled and these can be categorized as follows:

Survival Rights: (CRC. Article 24:1; Article 6:1,2): These are the basic needs that children must have to ensure good health for adequate growth. Some of these are medical care, nutrition, shelter and clothing.

Development Rights: (CRC Article 6: Article 26: Article 28): These relate to the opportunities and means made available for children to have access to education, skills, training, recreation and rest, information, parental care and social security;

Protection Rights: (CRC Article 2: Article 19: 1,2: Article 32: 1: Article 33: Article 34: Article 36: Article 37): The legal and social provisions made by each nation to protect children from exploitation, drug abuse, sexual abuse, cruelty, separation from family, discrimination and protection from all forms of man-made or natural disasters: and

Participation Rights: (CRC Articles 12: Articles 14: Article 17): The opportunities and means given to children to express an opinion in matters affecting their lives such as freedom of worship, access to information about oneself, and freedom to give evidence where applicable.

Because HIV/AIDS is a fairly recent phenomenon the legal response to the challenges it posses has been found wanting in a number of respects. This presentation is confined to the law that relates to children of the victims who are thereby left orphans.

Our law did not envisage a situation where thousands of children would be left destitute not because the parents are unwilling to care for them but because the parents are not there altogether such that there is no way of enforcing responsibility against such parents. The traditional system that used to take care of orphaned children has been overwhelmed by the sheer number of children left orphans and destitute by HIV/AIDS. The persons on whose shoulders this responsibility falls are either too old and poor (parents of victims) or too young and unequipped (i.e. older siblings of the orphans).

This situation coupled by the natural decline of the African traditional social safeguards for orphaned children means that the law and its administration has to change accordingly to deal with the reality of thousands of orphaned children.

You are all aware that the law relating to children is currently in a transition. The Children Bill recently passed by parliament and awaiting presidential assent promises to revolutionize the administration of children affairs and would probably answer certain questions which currently face those in the child rights and welfare sector.

In this light, the presentation will discuss the law as it is currently in so far as this shows where we are heading; it will discuss the pertinent provisions contained in the Children Bill. It will as well discuss the available administrative arrangements in place both at the judiciary and in the government, which are aimed at addressing the issue of destitute children. It hoped that at the end of this presentation some light will have been shed on areas that still need attention and recommend (if any) action to be taken.

The Law Relating To Orphaned Children

Kenyan law for obvious reasons does not specifically address children orphaned by AIDS as a specific category. This is true of the current (old law) as well as the new law. One of the reasons being that to law a destitute child due to whatever cause suffers similar consequences. So abandoned children, whose parents cannot be traced, children orphaned by other causes not necessarily AIDS etc are looked at by the law as belonging to a similar category

Therefore the approach taken with regard to this category of children is done under the rubric of children in need of care and protection.

The Children and Young persons Act Cap 141 while largely devoted to children in conflict with the law deals partially with orphaned children. In section 22 thereof, a child in need of protection etc, is a child who among other things: -

1. Has no parent or guardian, or has been deserted by his parent or guardian, or is destitute or a vagrant
2. Whose parent or guardian does not, or is unable to unfit exercise proper care and guardianship
3. Who is prevented from receiving compulsory education
4. Who is found begging or receiving alms or inducing the giving of alms, whether or not there are any pretence of singing, playing or performing.

Obviously orphans and vulnerable children fall within these categories of children.

The Act provides for a child in such circumstances as above to be apprehended without warrant and, without delay, brought before a court (by authorised officer, inspector or children or children's officer).

In the Act it is conceived that certain local authorities called "appointed local authorities" would have facilities to receive children who are in need of care and protection.

These authorities and approved societies, may also receive these children without need to go to court as long as certain reporting guidelines are followed.

The court can make a number of orders concerning such children including putting them under care of local authorities or fit person willing to take care of such children or have them put under care of an approved society.

The Guardianship of Infants Act Cap. 144 provides for parents while still alive to appoint guardians to care for their children after their demise. This can be done by deed or will. The court can also appoint a guardian for a child whose parents are unavailable. It must however be borne in mind that this is contingent on the appointed guardian agreeing to act as such. And this will only be possible mainly where there are resources left behind by the parents.

The Adoption Act Cap. 143 is another law, which is of relevance when discussing the old law. Adoption is a procedure that can enable destitute children join families in which they, for all legal intents and purposes, become members.

We however need to think of HIV/infected children who may not find adopters due to stigma and discrimination.

Moving away from the law dealing directly with children there is also the law relating to property management after the demise of parents leaving behind young children. One of the major challenges in the AIDS orphan issue is the huge economic problem it presents.

Before we think of the welfare schemes or charitable interventions we need to ensure that where the deceased parents had some property such property should be speedily and efficiently managed so that the orphans are not needlessly put in want and forced into destitution. Only after we have ensured that the estates of deceased parents are exhausted should we think of any welfare or charitable intervention by the community or the government.

How does the existing law help in this regard?

The Law of Succession Act is the main statute in this area. There are supportive legal regimes like the Public Trustee Act, and the Koranic position on the same. The law of Succession Act provides for the manner of administration of the estate of deceased persons.

The Family Division of the High Court has also just recently been established. Its major aim is to provide expedient means of disposing of matters relating to the family unit, one of these being the question of administration of estates of deceased persons. This is a most appropriate step given the enormity of the number of cases requiring attention in the wake of the AIDS pandemic.

In the guidelines there is need to consider the question of sensitization of communities on procedures and the law on management of the estate of deceased persons. This should aim at preventing intermeddling in the property to the detriment of orphans; sensitizing the people on the role of the Public Trustee and the District Commissioners who act as the ex-official agents of the Public Trustee.

The Children's Bill

As indicated before, this Bill will in many ways revolutionize the way children issues are handled in this country. It sets out the rights of the child which include

• Non Discrimination
• Education
• Health care
• Child labour etc

It consolidates

• The Guardianship of the Infants Act
• The Adoption Act
• The Children and Young Persons Act

It sets up the National Council for Children Services to coordinate child welfare and rights programmes. The council will have powers to among other things "design programmes for the alleviation of the plight of children with special needs or requiring special attention"

The Bill provides for free and compulsory education a provision which will ensure that no child is denied the right to education by reason of parents being unable to pay for their education or because they are orphans.

The Bill's overall spirit is to ensure that the Government, families and other stakeholders play their respective roles to ensure the full realization of the rights of the child as set out in the various international instruments that relate to children and as we perceive these rights and welfare as a nation.

Some matters contained in the bill which may be relevant for this exercise include the provisions relating to-

• The children's courts – to expedite cases concerning children with the child's best interest being the overriding principle.
• Forster care placement
• Care orders
• Sexual abuse - female circumcision
• Early marriage
• Management of children's institutions.

Responding To The Needs Of Orphans And Vulnerable Children. Presented by Dr.Boniface Maket, HACI Coordinator, Kenya

THE CHALLENGE

• Neither words nor statistics can adequately capture tragedy of children grieving for dying or dead parents, stigmatized by society through association with HIV/AIDS, plunged into economic crisis and insecurity by their parents' death and struggling without services or support systems in impoverished communities
• Children are being orphaned at a rate that family structures can not cope
• Bare no family is left untouched.
• Extended families are overstretched, communities are robed of a generation of adults in their most productive years.
• Children are either living with relatives, left on their own in households headed by children or living in the streets.
• Illness or death of one or both parents exposes an orphaned child to multiple sociological, economic and psychological effects.
  • Malnutrition, illness, abuse and sexual exploitation,
  • Lack of education---
  • Discrimination
  • AIDS is destroying a future of a generation of African Children
• Caretakers are vulnerable and live in vulnerable communities!--
• Situation worsens when orphans themselves develop HIV Symptoms
• Under five mortality in a number of African countries will triple or quadruple! Kenya may not escape this noose!-----eroding years of hard-won progress in child survival.
• Children affected by AIDS live in a state of powerlessness and despair----lack parental guidance and love, economic security and education.

Hope For African Children Initiative-Haci

• This is an innovative initiative that seeks to address the entire child-focused prevention-care-mitigation continuum with mutually reinforcing program strategies.
• It provides the necessary framework which maximizes collaboration and impact at both national and international levels.
• It is pan-African in scope
• 80% of all resources raised will be spent to support community programs-
• Initial seed funding has been provided by the Bill and Melinda Gates Foundation.-setting in motion a process that will mobilize resources from all sectors and sources in he global community.

Vision

• To offer hope to millions of children affected by HIV/AIDS for a future of dignity as part of functioning, stable community.

Mission

• To mobilize a global initiative to address the needs of African children affected by HIV/AIDS and to engage, strengthen capacities, mobilize and share effective practices among stakeholders at all levels.

Goals

• To strengthen the capacity of African communities to:
• Advocate, care for and support children impacted by HIV/AIDS and prevent further spread of HIV/AIDS
• Improve orphans and other vulnerable children's welfare by increasing access to education, adequate food, psychosocial support, basic health services, and legal rights.
• To catalyze a global partnership to expand the resources available to achieve these goals

Core Strategic Objectives

• Building awareness and reducing the stigma surrounding HIV/AIDS
• Extending the life of the parent-child relationship
• Preparing the family for transition; and
• Ensuring the child's future.

HACI-An evolving partnership

• Five leading international NGOs came together, combined their experiences and resources to launch the Hope for African Children Initiative:
• PLAN International
• CARE
• Save the Children
• World Conference for Religion and Peace (WCRP)
• Society of Women Against AIDS in African (SWAA)
• These partners work through a Program Policy Council at the global level.
• At country level the partnership works through a Country Program council
• A country wide Technical Exchange Network will be established bringing together all key stakeholders.

HACI-Guiding Principles

• The initiative is focused on orphans and vulnerable children affected HIV/AIDS
• Activities will be based on geographical and program needs
• 80% of resources will be spent at the community
• HACI is an all inclusive, collaborative effort that reaches out to all organizations that add value to achieving its objectives and goals.
• All HACI partners will subordinate their organizational self-interest to work together as one for the achievement of the greater good of the initiative.
• The program is Pan-African, will a goal of mobilizing sufficient private and public resources to finance appropriate interventions in every African country that wishes to participate in the initiative.
• Initial efforts will focus on supporting stakeholders at all l levels to adapt, expand and sustain proven interventions in selected countries.
• THE HOPE FOR AFRICAN CHILDREN INITIATIVE SUPPORTED ACTIVITIES WILL CONTRIBUTE TO ACHIEVING GOALS SET FORWARD BY UNAIDS FOR 2005.

The Response / Program guidelines

• Increase and strengthen families caring capacities through community mechanisms
• Strengthen economic coping capacities of families and communities
• Enhance capacity of families and communities to respond to psychosocial needs of orphans and vulnerable children and their caregivers.
• Develop multisectoral, mutually reinforcing program strategies that foster linkages between HIV/AIDS prevention activities, home-based care, and efforts to support orphans and vulnerable children
• Target the most vulnerable children and communities , not "AIDS" orphans.
• Give particular attention to how gender roles make a difference.
• Involve children and adolescents as "part of the solution"
• Strengthen the roles of schools and education systems
• Reduce stigma and discrimination
• Accelerate learning and information exchange
• Strengthen partnerships at all levels and build coalitions among key stakeholders
• Ensure that external support does not undermine community initiative and motivation
• Increase and strengthen community care.
• Work within and respect national AIDS policies
• Promote stronger government efforts to support orphans and vulnerable children.

Core Methodologies

• All activities undertaken under the auspices of the initiative will be guided by the following methodologies:
• Rights-based
• Community mobilization
• Destigmatization
• Rights-based principles:
• Non-discrimination
• The best interest of the child
• Survival and development
• Opinion and participation

Circle Of Hope: Principles.

• Child-focused
• Represent the next generation of potentially infected young adults
• Directly impact on their families
• Can prevent new infections--stemming the future of the epidemic.
• Community-focused
• African families and communities are the frontline caregivers.
• Build capacity of community to care for orphans and vulnerable children
• Strengthen community capacity to expand coverage.
• Integrated
• Orphans/vulnerable children share same problems that other children experience in normal development in addition to HIV/AIDS challenges in their families.
• Destigmatization-prevention-care-mitigation continuum

Core Objectives & Strategies

• Building awareness and Reducing Stigma
• Engage religious and other community organizations to promote greater awareness and behaviour change initiatives
• Promote increased supply and demand for STD and HIV/AIDS information and services
• Involve young people and families living with AIDS in program design, implementation, monitoring and policy
• Advocate for social mobilization of public leaders and opinion makers at national, regional and local level
• Promote and catalyze responses to children affected by HIV/AIDS through systematic support of community, local and national level problem identification and mobilization.
• Generate demand in the community for voluntary counseling and testing services
• Raise awareness among health workers of the benefits of VCT
• Extending the life of the parent-child Relationship.
• Encourage community mobilization around opportunistic infections
• Build awareness of identification and treatment of opportunistic infections, particularly among health care workers and community care givers
• Encourage community and family care givers to provide more nutritious meals while HIV positive individuals are fighting opportunistic infections.
• Link children in AIDS-affected families to growth monitoring programs to enroll them in supplemental feeding programs.
• Encourage the development of school feeding programs and gardens.
• Preparing the Family for Transition
• Provide psychosocial support for families with HIV/AIDS-counseling, home-visits, memory books, support groups.
• Use participation in art and sports to emotionally support children
• Encourage will-writing and other means of securing property for children
• Reduce psychosocial injury of parent illness and death on children-counseling, youth clubs, memory books.
• Support expansion of post-test clubs
• Support IGAs
• Implement credit programs integrated with education.
• Ensuring the Child's Future
• Provide for school fees and materials for children from families impoverished by AIDS
• Support school-based interventions
• life-skills training
• Child to child education
• youth clubs and theatre to promote rights of young girls, safe sexual behavour among boys and girls and understanding of families affected by AIDS.
• Provide technical and material support for-including practical life skills training in the later stages of basic education, and establish linkages with vocational training programs
• Support school-based health and nutrition programs that allow vulnerable children to remain in school.
• Advocate for family planning and HIV/AIDS prevention programs to be integrated into health programs at all levels-----extend to community
• Strengthen child survival programs to ensure vulnerable children have equal access to these services.
• Strengthen mechanisms at the community level to identify vulnerable children ensuring that affected get needed health and nutritional services at all ages.

Cross-Cutting Strategies

• Advocacy
• Ensures vulnerable children and families have access to HIV prevention, care and support and hope for future without AIDS.
• Reduces stigma, a major barrier to addressing the needs of children and communities.
• Build coalitions of voices publicly advocating for the needs of orphans and vulnerable children
• Building capacity
• Strengthen capacity of national, local partners to plan, implement, monitor and evaluate child-focused HIV/AIDS programs
• To maintain future responses to the plight f vulnerable children.
• Institutional and financial capacity
• inadequate technical expertise in counseling, home-based care etc
• CB based on community-identified needs.
• Partnering
• Primary management tool for expanding program impacts.
• Create conditions for effective joint programming implementation and shared responsibility at all levels.
• Shared mission and vision is a fundamental precondition to effective partnering.

Constraints

• Organizational limitations
• Geographic
• Philosophy-vision, mission
• Resources
• Competing priorities
• Donor/recipient disconnect
• Politics
• Local political climate
• International scenarios
• Community polarizations

Challenges

• Organizational inertia
• Internally-Innovate
• Externally-government to take up the leadership
• Linkages and partnerships/collaboration
• Projects/programs
• Capacity building/training.
• Integrated/stand alone

Outcomes

• More children reached with care, support, and prevention programs
• Improved awareness of the difficulties faced by orphans and vulnerable children affected by AIDS in Kenya
• More coordinated approaches to children and AIDS programming in Kenya
• Fewer street children and more children kept within communities
• More orphans and vulnerable children attending school.
• Strengthened civil society sector through building advocacy efforts and NGO/CBO capacity
• A mobilized advocacy network in Kenya, regionally and internationally to support increased resources for children and better program and policies.
• Increased Kenyan religious leadership on AIDS in reducing stigma
• The collection, sharing, and application of "best practices" in care, support and prevention.

Paper On Response To The Needs Of Orphans, Programming, Achievements And Constraints By Mr. Sammy Ole. Kwallah Director Children's Services During Workshop For The Development Of National Guidelines On Orphans And Vulnerable Children Dallas Hotel Machakos 17^th December 2001

Kenya's population according to the National Census is about29 million; half of these are comprised of children and young people. With this figure, it is a mammoth task to guard the rights and interests of children. The high birth rate especially among the poor has proved to impact very negatively on the rights and welfare of Kenya's children.

The problems are compounded further by HIV/AIDS as it presents a major threat to the quality, quantity and use of human resources. HIV/AIDS is currently a disaster which goes beyond the conventional scales of health of prevention and cure, but poses itself as a critical` cross-cutting social problem. Due to AIDS, the situation of vulnerable children has changed dramatically.

It is critical to take cognisance that, 80% of all orphans in Kenya are AIDs victims (GOK/UNICEF 98). The most challenging impact of this pandemic is coming to terms with the disease and dealing with the interventions as concerns children. An estimated 1.5 million children (12% of all the children in Kenya) have already lost one or both parents to Aids. The number is projected to increase to 2.3 million. (20% of all the children in the country) by the year 2010. Whether or not these children are infected with the virus, they suffer immense psychological trauma. The children are denied basic closeness of the family and lack love, attention and affection. The children are forced to care for ill and dying parents and are removed from school to tend to farm work and household work. Due to increase in poverty and high cost of medical care the female children are pressurized into prostitution, to help pay for necessities their parents can no longer afford, thereby putting them at risk of HIV/AIDs. The children act as household heads supporting younger siblings and often help other children in difficult circumstances with food, shelter and friendship. The above problems overwhelm the children and increases their number that dropout of school, hence increasing the number of vulnerable children in the society.

The term 'orphan' carries with it a connotation of stigma and discrimination. People often do not have any idea on how to cope with the intense trauma of losing a parent and the consequent stigma from the community. The Government encourages as a matter of policy that, children be treated with the greatest sensitivity in recognition of the trauma faced which I must admit is often sadly lacking. The child is capable according to his/her age of having a say about what is going on in his/her life. Although most people overlook the importance of child counselling and support especially when the parents are unwell, our mission is to sensitise Kenyans to help the child face eventual death with less shock.

While the extended family in Kenya has traditionally fostered orphaned children, the growing number of these children has already overwhelmed the traditional care structures in the country like adoption. At the same time, elderly persons who loose adult children face potential economic hardship and the prospects of raising their orphaned children. These children suffer immense physical and mental torture at the loss of their parents and resources are inadequate to provide for the rest of the family members.

The phenomenon of family breakdown in AIDs has not really, been defined but evidence suggests that children are increasingly living in evolving family forms – families headed by grand parents, by children themselves and by single parents. Losses of productive adults translates to mean that children live with caregivers too old or to young and are too impoverished to provide for them. The extended family system that we had in Kenya simply does not exist. In private the 'would be' guardians express dismay at having to restart families especially with the financial and emotional implications. Pre-dominantly women who are disadvantaged as they have less access to property and employment and who are poorer are the caregivers

The Department of Children's Services Vision is: Stable Childhood Responsible Adulthood and the Mission is: To facilitate quality services for the welfare of the child through direct delivery and facilitation, supervision, coordination and collaboration with stakeholders. In handling the children's problems, we have to take into consideration the best interests of the child. We treat each child according to his/her strengths and weakness in determining his/her future destiny. We invoke the Convention on the Rights of the Child statutes to provide new opportunities in respect for children rights and welfare. Therefore the main objective of the Department on HIV/AIDS based on the Vision and Mission is To reduce the negative effect of HIV/AIDS pandemic on Children in Need of Special Protection (CNSP) especially HIV/AIDS infected and affected children.

The Government initiated in 1990 District Children's Advisory Committees to coordinate all activities of children at the District level in programme planning and act as machinery for programme implementation. Kenya has 71 Districts, 52 of, which have functional DCAC's. Each DCAC has a membership of about 40 individuals who represent different grassroot organisations and institutions dealing with children.

The DCAC's identify priority areas in each district and programme interventions with a view to improving the welfare of children in each District. The thrust of these committees is to strengthen the planning of the District level particularly focussed on community participation and involvement in identifying and planning for Children in Need of Special Protection (CNSP). Children's `Department, therefore uses these committees to seek support for orphans and other Children in Need of Special Protection (CNSP).

As concerns the adoption of orphans who have lost parents in AIDs related cases, this has been extremely difficult. As mentioned earlier, most people are unwilling to take up the burden of these children because of the emotional and financial implications and stigmatisation. It has also not been possible to test all HIV/AIDs orphans to determine those that are positive and those negative, in order to make adoption easier. This is because of the expenses involved. Community rehabilitation programme is cost-effective as opposed to institutionalisation of children. The children are supported within their natural environments with the community support being brought on board. Worse still the adoptive parents have to convince themselves beyond reasonable doubt that they would take the burden of these children fully and most people are not able to do so.

The Government stated policy on possible options in programming for orphaned vulnerable children to HIV/AIDS is to involve, in partnership, the Civil Society and duty bearers in empowering the various organizations dealing with widows and orphans. This will provide a safety net for the children. Community mobilization can encourage rights for widows and orphans, co-operative childcare, orphan visitation programs and provide financial support.

The existing Children Homes that deal with HIV infected or affected children be empowered by private sector, bilateral and mult-lateral donors to be able to provide health care, quality education, guidance and counselling. We need to ensure adequate children protection services are in place and to facilitate NGOs and Community based care and support.

Orphans have a lot of potential and therefore their capacities need to be strengthened to meet their own needs, through provision of financial support to schools that have most of these orphans which will enable them to waive school fees, provide a meal, offer apprenticeship etc.

These gaps in application of rules procedures and regulations of relevant statutes that protect children and families are being addressed, rigorously by the newly established Family Division of the High, Court that is slowly spreading from Nairobi to the rest of the country. The Family Division with a wide jurisdiction will further be supplemented by the Children's Courts that will be created after the enactment of the Children's Bill, 2001. The Bill's memorandum of objects and reasons is to promote the well -being of children by assisting individuals, families and communities to over come special problems with which they are confronted. Part II of the Children Bill, 2001 has 19 Sections, which cover Safeguards for the rights, and welfare of the child, besides several other parts on Custody and Maintenance, Guardianship, Children in need of Care and Protection, foster care and placement and adoption especially assist HIV/AIDS orphans to secure their family properties for their future use

Counselling and guidance focuses on assisting people afflicted with HIV/AIDS and the family members to come to terms with the loss of life. General counseling is given to different people depending on their needs like those who suffer financial losses and orphans who are traumatized. This forms a major task of Children's Department

Peer counseling is now a priority of Child Rights Clubs in Approved Schools, Juvenile Remand Homes. primary schools and local churches. This focuses on child rights and HIV/AIDS impact on children For example, Kabete Approved School has Peer Counsellors who reach out to and raise awareness amongst other children in the school on HIV/AIDS and Sexually Transmitted Diseases.

Local fundraising activities are organized by various DCAC's especially for orphans to meet their school fees and other necessities at the community level..

The Department of Children's Services now utilizes the services of Volunteer Children's Officers in identifying orphans in the community and then take necessary action.

Constraints

• Lack of coordination and networking among actors dealing with HIV/AIDS orphans
• Budget allocations to children's sector have been significantly too low and have impacted negatively on service delivery
• Lack of mobilizations skills at the community level
• The increasing number of HIV/AIDS infected and affected children including orphans without corresponding resources to provide for their needs is a big threat to inadequate resources available to cater for present numbers of AIDS orphans
• Lack of reliable data on HIV/AIDS that would guide planning of support projects.
• Inadequate number of personnel to address the demands of needy children.
• Lack of awareness of some members of the public on the mode of transmission of HIV/AIDS.
• Inhibiting cultural practices like FGM, child marriages, discriminative modes of education in sexes etc.