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Where a child resides will be a decision ultimately made by the Children's Court or High
Court, in the case of adoptions and will be made in consideration of the best interests of
the child.
Administrative
Another form of alternative care is informal fostering without an order of the court and
kinship care where children are taken in by extended family members. Given the level of
poverty in Lesotho this occurs less and less frequently as families struggle to provide for
their own biological children without the added cost of an extra child to maintain.
Children who are born to an incarcerated mother in a correctional centre are sent to a
residential care facility or to live with extended family when they reach the age of two (2)
years. This is to prevent them from being kept in detention with the mother beyond
infancy.
Difficulties
There are an array of social factors which contribute to a child's separation from
parents. Poverty is both a cause of children being separated from their parents as well
as a reason that alternative forms of care such a fostering do not work well in Lesotho.
Resource and geographic restrictions make the funding and regulation of residential
care facilities challenging. Culturally accepted promiscuity and discordant partners
owing to the HIV epidemic add to the escalating rates of divorce, leaving children
without both parents. Alcohol abuse and gender based violence in the home causes
children to be removed. It is also an accepted practice that a child goes to find work of
their own to support their family.
On a broader level, where children are separated from their parents for whatever reason
the referral mechanisms thereafter are weak, if not non-existent. Very few children are
placed in residential care facilities under court orders. MoSD are however improving
their monitoring of residential care facilities and their record keeping of details of
children in alternative care. Inadequate coordination makes it difficult to capitalise on
government interventions.
6.3
Family reunification and
environment (Article 25,2b)
children
deprived
of
their
family
Legislative
The CPW Act provides that children have the right to live with parents, except where not
in their best interests. Where children are removed under section 23 when in need of
care and protection, or as a result of being in conflict with the law, they are done so for
as short a time as possible.