allowance to cover education and maintenance costs, which varies depending on the
physical condition of the child, whether he/she is disabled or invalid.
164.Moreover, the regulations provide as part of the rescue of children in need or
experiencing temporary difficulties especially for children from poor families,
financial support or support in-kind whose level is set by a board hosted by the
Wilaya Directorate of Social Action and Solidarity.
165.The placement in Kafala or legal care: This measure provides an opportunity
for individuals to voluntarily provide care and protection for a minor child in the same
way, as would a father for his child. Kafala is established by a legal instrument before
the judge, and gives to the recipient a legal guardianship. The benefit of the treatment
of a child under the Kafala must obey the conditions pertaining in particular, to the
socioeconomic conditions of the parents’ applicants. Kafala applications for domestic
residents are reviewed by a committee, which decides on the basis of the
administrative record presented and a social inquiry.
166. Act No. 84-11 of 9 June 1984 on the amended Family Code provides in
Article 115 that the Kafala or his legal compendium is the voluntary commitment to
take care of the maintenance, education and protection of a minor child in the same
way as would a parent, it is established by operation of law.
167.The new code of civil procedure and administrative procedure strengthens the
Kafala to protect the best interests of the child. It may be noted:
- Article 492: "The request for Kafala is formed by an application presented by the
applicant to the family court judge based in the court of his domicile."
- Article 493: "The judge decides on the Kafala request through an order "
- Article 494: « The Kafala request is heard in private, after consulting the
prosecution. »
- Article 465: « The family court judge verifies that the Kafil fulfils the legal
requirements. If applicable, he will request an investigation and may take any
measures necessary to determine whether the Kafil is able to protect, maintain and
ensure the upbringing of foster child »
- Article 496: « The action for revocation or abandonment of the Kafala is introduced
according to the rules of ordinary procedure. "The matter is heard in closed session,
the public prosecutor presents his views. The appeal of this judgment is formed as an
ordinary matter »
- Article 497: At the death of the Kafil, the heirs are obliged to inform, without delay,
the family court judge who issued the decision ordering the Kafala. The judge shall
summon, within one month, the heirs, in order for them to decide on whether to
maintain the Kafala. If the heirs are committed to maintain it, the judge appoints the
heir to whom the Kafala is referred. In case of refusal, the judge ends the Kafala in the
same way as provided for its eligibility
168.Article 125 of the Family Code provides that "an action for abandonment of legal
care must be lodged with the court which awarded it, after informing the public
prosecutor. In case of death, the right to legal care is transferred to the heirs if they
agree to provide it. Otherwise, the judge awards custody of the child to the relevant
institution for assistance "
169.A foster child may be of known or unknown parentage; it must retain its original
filiations if his/her parents are known. Otherwise, article 64 of the Code of Civil
Status will be applicable. The grantee of the legal care may bequeath or donate, up to
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