PROGRAMME AND SERVICES
FAMILY BASED NON-INSTITUTIONAL CARE
SPONSORSHIP, FOSTER CARE, ADOPTION & AFTER CARE
1.1 Sponsorship and Foster Care
Key Concepts:
Sponsorship and Foster Care assistance is not only cost effective in comparison to institutional care but it also:
i) Prevents child destitution and offers holistic child protection;
ii) Provides conditional assistance to ensure that the child continues his/her education;
iii) Supports and supervises financial assistance to families and group foster homes;
iv) Offers child care within the family setting;
v) Preserves families and encourages parents to fulfill their responsibilities;
The ICPS supports the creation of a Sponsorship and Foster Care Fund that will be placed at the disposal of the DCPU. An amount of Rs.10 Lakhs per district per annum shall be provided under the scheme. The State Governments are encouraged to give additional grants to the SCPS under Sponsorship and Foster Care Fund and may initiate steps to proactively identify children needing protection with support of organisations working in this sector.
The sponsorship support shall be provided for the following reasons:
i) Preventive:
Sponsorship support will be provided to a family to enable a child to continue to remain in the family, continue his/her education. This is an effort towards preventing children from becoming destitute / vulnerable, running away, forced into child marriage, forced into child work etc. The DCPU with the help of its social workers, outreach workers, volunteers as well as the Village Child Protection Committees shall identify vulnerable families or children for sponsorship support. Guidelines for preventive sponsorship are to be prepared by MWCD.
ii) Rehabilitative:
Children within institutions can also be restored to families with sponsorship assistance. On the basis of the Individual Care Plan, an institution shall approach the CWC/JJB to recommend a suitable case to DCPU for rehabilitation through the sponsorship fund. Cases will be reviewed by CWC/JJB before recommending to the DCPU for sanction of sponsorship fund. Guidelines for rehabilitative sponsorship have been finalized and may be seen at wcd.nic.in.
Fostering is an arrangement whereby a child lives, usually on a temporary basis, with an extended or unrelated family member. Such an arrangement ensures that the birth parents do not lose any of their parental rights or responsibilities. This arrangement shall cater to children who are not legally free for adoption, and whose parents are unable to care for them due to illness, death, desertion by one parent or any other crisis. The aim is to eventually re-unite the child with his/her own family when the family circumstances improve, and thus prevent institutionalization of children in difficult circumstances. The scheme provides support for foster care through the Sponsorship and Foster Care Fund available with the DCPU. The foster care program shall be managed jointly by the Child Welfare Committee, District Child Protection Unit and the Specialised Adoption Agency/Child Care Institutions and each of these agencies shall have the following responsibilities:
(i) Specialised Adoption Agency (SAA)/ Child Care Institutions (CCI):
The SAA shall identify vulnerable families and children for foster care support and prepare the Individual Care Plan of the child and recommend the case to the CWC for issuing appropriate order. Once the child is placed in foster care, the SAA/CCI shall supervise and monitor the progress of the child and periodically report to both CWC and the DCPU.
(ii) Child Welfare Committee :
The CWC shall review the cases recommended by SAA as well as other cases that they deem fit and order placement of a child in foster care.
(iii) District Child Protection Unit:
a) Create awareness on the foster care program;
b) Recruit families from the community who are willing to take on the responsibility of foster care and maintain a list of identified foster families with addresses;
c) Select foster families based on criteria approved by the concerned state department and build their capacities;
d) Prepare a home-study report of a prospective foster family after at least two home visits, interviews with the foster parents and others in the household;
e) Maintain a detailed case history of each child in an appropriate format as prescribed;
f) Provide counseling to the family and to the child in order to prepare them for the placement as well as to deal with any ongoing problems they may have;
g) The Outreach Worker will visit each family at least once a week for the first month followed by monthly visits of which records are maintained;
h) Maintain Quarterly supervision reports for each child and that should be treated as confidential;
i) Monitor and evaluate the program. Special efforts shall be made to ensure either foster care or sponsorship for children infected and affected by HIV/AIDS and children affected by disaster and natural calamities.
1.1.3 Sponsorship and Foster Care Approval Committee (SFCAC):
Every district shall have a Sponsorship and Foster Care Approval Committee (SFCAC) to review and sanction sponsorship (for preventive settings only) and foster care fund. The SFCAC shall meet every month and total time taken to dispose of a case shall not exceed three months from the date of the receipt of the application. The composition of SFCAC is given below:
(i) District Child Protection Officer- Chairperson
(ii) Protection Officer (Non-Institutional Care)- Member
(iii) Chairperson/Member, Child Welfare Committee- Member
(iv) Representative of SAA- Member
(v) Representative of a Voluntary Organisation working in the area of Child Protection Member
Adoption is a process through which a child who is permanently separated from biological parents because her/his parents have died, or have abandoned or surrendered her/him, becomes a legitimate child of a new set of parent(s) referred to as adoptive parents with all the rights, privileges and responsibilities that are attached to this relationship.
Specialized Adoption Agency (SAA)- facilitating Adoption
The JJ Act empowers the State Government to recognize one or more of its institutions or voluntary organizations in each district as SAA in such manner, as may be prescribed, for the placement of orphaned, abandoned or surrendered children for adoption in accordance with the provisions of various guidelines for adoption issued from time to time, by the State Government, or the Central Adoption Resource Authority (CARA) and notified by the Central Government. All SAAs shall be registered under Section 34(34) of the Juvenile Justice (Care and Protection of Children) Act 2000 (as amended in 2006) as well as the Societies Registration Act, 1860 and shall adhere to the guidelines or rules laid down by the State Government/Central Government governing in-country/inter-country adoption from time to time. The SAA shall function within the ambit of law and comply with all relevant legislations, rules and guidelines.
ICPS supports State and NGO run Specialized Adoption Agency (SAA) where adoptable children of below six years of age are provided residential care. The individual care plan for each child is prepared within a month by the Specialized Adoption Agency (SAA) in coordination with the District Child Protection Unit (DCPU) and forwarded within a fortnight for approval to the Child Welfare Committee (CWC), once agreed upon by the DCPU. The SAA shall report to the DCPU on the execution of the individual child care plan within six months of the care plan being approved by the CWC. The individual care plan shall be reviewed every six months and no child shall remain in the care of a SAA for more than a period of one year.
The specific roles and responsibilities of these SAAs shall include:
(i) Child related functions:
a) Admission and registration of orphaned, abandoned and surrendered children;
b) Reporting the arrival of a child to the CWC;
c) Post CWC order, report registration of the child to DCPU and SARA;
d) Maintaining an online2 database of all children admitted;
e) Preparation of child study report and physical examination report;
f) Assist CWC in enquiry as and when required;
g) Pre and Post adoption counselling to children;
h) Matching of the child;
i) Facilitate placement of the child either in adoption or in pre adoption foster care with the help of District Placement Committee chaired by DCPO with two members respectively from the respective SAA and Protection Officer Non-institutional Services;
j) Court process for adoption or placement of a child;
k) Obtaining birth certificate of the child;
l) Post adoption follow up;
m) Archiving relevant records of birth parents, their medical/case history, case records of the child, birth parents and adoptive parents;
n) Maintaining Minimum Standards of Care;
o) Submitting a quarterly progress report to DCPU and SARA for indicating the rehabilitation plan for each child admitted in the SAA.
(ii) Prospective Adoptive Parents (PAPs) related functions:
a) Registration of prospective adoptive parents;
b) Reporting the registration of PAPs to the DCPU and SARA;
c) Maintaining an online3 database of PAPs registered with the current status of their application;
d) Counselling of biological parents/unwed Mother surrendering the child and for prevention of abandonment and rehabilitation of child;
e) Carrying out Home Study Report;
f) Matching of the child with PAPs;
g) Facilitating placement of the child in pre adoption foster care;
h) Pre and post adoption counseling to all PAPs;
i) Carrying out court procedures for adoption or placement of a child;
j) Carrying out post adoption follow up.
The SAA shall work under the overall supervision of State Adoption Resource Agency and the District Child Protection Unit. In order to run a SAA, a Child Care Institution (CCI) must be registered under the provisions laid down by the Juvenile Justice (Care and Protection of Children) Amendment Act 2006 under Section-34(3). The State Government shall recognize such CCIs as SAA under the provisions of Section-41(4) of the Act. CARA is empowered to give special accreditation to SAAs working towards placing the child in Inter-country adoption in accordance with the provisions laid down under the Hague Convention on Inter-country Adoption.
The Juvenile Justice Act provides for an After Care Program for children without family or other support who leave institutional care after they attain 18 years of age to sustain themselves during the transition from institutional to independent life. The objective of this after care program is to enable such children to adapt to the society and to encourage them to move away from an institution based life.
DCPU shall identify suitable voluntary organizations that will run such After Care Programs. These organisations shall formulate an after-care program for these children for a period of three years in accordance with the provision laid down under the Juvenile Justice (Care and Protection of Children) Act 2000 and its rules developed by central and state governments. Some of the key components may include:
(i) Community group housing on a temporary basis for groups of 6-8 young persons;
(ii) Encouragement to learn a vocation or gain employment and contribute towards the rent as well as the running of the home;
(iii) Encouragement to gradually sustain themselves without state support and move out of the group home to stay in a place of their own after saving sufficient amount through their earnings;
(iv) Provision for a peer counsellor to stay in regular contact with these groups to discuss their rehabilitation plans and provide creative outlets for channelizing their energy and to tide over the crisis periods in their lives;
(v) Providing stipend during the course of vocational training until the youth gets employment;
(vi) Arranging loans for youths aspiring to set up entrepreneurial activities;
Based on the case to case basis, a JJB/CWC can order placement of a juvenile/child in the after-care program. The JJB/CWC shall mark a copy of the order to the DCPU for arranging after-care for the juvenile/child as per the provisions laid down under the Juvenile Justice (Care and Protection of Children) Act 2000 and respective State Rules under the Act. The SCPS shall in turn release grants up to a maximum of @Rs.2000 per child per month to the organisation running the aftercare program based on the individual needs of every child. This amount shall include basic needs of the child/youth including food, clothing, health care and shelter; age appropriate and need based education and vocational training; stipend; and any other requirements.
INSTITUTIONAL SERVICES
As provided by the Juvenile Justice (Care and Protection of Children) Act 2000, the scheme shall support the creation of new institutional facilities and maintenance of existing institutional facilities for both children in conflict with law and children in need of care and protection. These include Shelter Homes, Childrens Homes and Observation Homes, Special Homes, Place of Safety. In addition, the scheme shall also provide for institutional care of children with special needs by supporting a specialized unit within the existing homes or by setting up a specialized Shelter Home for children with special needs. The statutory duties and responsibilities of the personnel will be as per the provisions of the Central Model Rules/State Rules under Juvenile Justice Act, 2000 and its Amendment Act, 2006. While selecting the staff for a girls home, every effort shall be made to appoint female personnel, especially at leadership and decision-making levels as well as those interacting with the girl children.
While a large number of urban marginalized children are in need of day care services, there are many others who require residential care for a temporary period for one or more reasons. These include children without parental care, run away children, migrant children, and child substance abusers etc. The Juvenile Justice (Care and Protection of Children) Act 2000 empowers State Governments to recognize reputed and competent voluntary organizations, to cater to the needs of such children. The State Government shall provide financial assistance to set up and administer Shelter Homes for such children. At least one such Shelter Home in the State is to be notified and designated by the States/UTs as a Home for the care, detoxification and counselling of children affected by substance abuse. These Shelter Homes shall offer day and night shelter facilities to the children in need of support services for a temporary period, while efforts are made to rehabilitate them. In order to facilitate and expedite the setting up of Shelter Homes in every district or group of districts, the scheme shall provide financial support to the State Governments and Union Territories.
ii) Childrens Homes:
A large number of children in need of care and protection who enter the juvenile justice system through the Child Welfare Committees (CWCs) are in need of residential care and protection during the pendency of any inquiry and subsequently for their long term care, treatment, education, training, development and rehabilitation. The Juvenile Justice (Care and Protection of Children) Act 2000 empowers the State Government either by itself or in collaboration with voluntary organizations to set up Childrens Homes in every district or group of districts for the reception and residential care of such children. These homes shall serve as a home away from home and provide comprehensive child care facilities to children for ensuring their all-round development. They shall work towards enhancing the capabilities and skills of children and work with their families with the view of facilitating their reintegration and rehabilitation into mainstream society.
iii) Observation Homes:
Children in conflict with law who enter the juvenile justice system through the Juvenile Justice Boards (JJBs) are in need of adequate residential care and protection during the pendency of any inquiry regarding them under the Juvenile Justice (Care and Protection of Children) Act 2000. The Act empowers the State Governments to establish and maintain either by itself or under an agreement with voluntary organizations, observation homes in every district or group of districts for their temporary reception. In order to facilitate and expedite setting up of Observation Homes in every district or group of districts, the scheme shall provide financial support to the State Governments and Union Territory Administrations.
iv) Special Homes:
Children in conflict with the law committed by the Juvenile Justice Boards (JJBs) for long term rehabilitation and protection require institutional services. The State Governments are empowered to establish and maintain either by itself or under an agreement with voluntary organisations, special homes in every district or group of districts for the reception and rehabilitation of juveniles in conflict with law. In order to facilitate and expedite setting up of Special Homes in every district or group of districts, the scheme shall provide financial support to the State Governments and Union Territory Administrations.
a) As per section 16, of the Juvenile Justice (Care and Protection of Children) Act, 2000, the Juvenile Justice Board is empowered to place a juvenile above the age of 16 years in a, if the Board is of the opinion that the seriousness of the offence and/or the said juvenile's behaviour, makes it unsuitable for them to be placed in a Special Home. A Place of Safety is any place or institution, (not being a police lockup or jail), established separately or attached to an observation home or a special home, the person in-charge of which is willing to receive and take care of the juvenile in conflict with law placed there, by order of the Board, for a period and purpose as defined in the order.
b) The Act also states that the State Government may arrange to place a juvenile referred to it by the Board, in a Place of Safety, which has been declared fit by the State Government for such purpose, and may order such juvenile to be kept under protective custody, at such place and on such conditions, as it deems proper. The State Government may, by rules, prescribe the types of places that can be designated as Place of Safety and the facilities and services that may be provided therein.
vi)Specialised Services for Children with Special Needs
a) A significant number of children are affected/infected by HIV/AIDS. Many children are affected by substance abuse or are mentally or physically challenged. Such children are in need of long term care because of abandonment, death of one or both parents or inability of parents/guardians to take care of them. Such children are especially vulnerable as they are least likely to have family care alternatives and hence require specialized institutional care and treatment including medical, nutritional, and psychological support.
b) The scheme provides additional financial support to the institutions having children with special needs, as mentioned above. Further, the scheme also provides flexibility to the States/UTs to either integrate the Program for children with special needs in its existing institutions or support setting up of specialized homes for such children. The primary focus however shall be on integrating services for children with special needs in existing homes. A separate home for such children shall only be set up in a situation where there are a large number of children with special needs in a district or group of districts.