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Guidelines
Core Principles Of Foster Care
1. A child thrives best in a family or family-like setting, and every child deserves the right to grow in such an environment. All decisions, actions, and approaches covered by these guidelines should be individualized, prioritizing the child's safety and well-being while being rooted in their best interests.
2. Respecting the child's right to be heard, decisions under these guidelines should consider their views in line with their evolving capacities. Whenever possible, siblings and twins should be placed together in one family.
3. Acknowledging the inherent right of every child to grow in a family environment, concerted efforts should be made to reunite the child with their biological family through a carefully planned process aimed at strengthening the biological family.
Child Eligible For Foster Care
1. Children aged 0-6 years are generally not considered for long-term Foster care, as their preference is towards securing a permanent family through adoption, following the Guidelines Governing Adoption of Children, 2015.
2. Children aged 6-18 years, currently residing in child care institutions, may be placed in foster care. This decision is guided by their individual care plans developed within the institution.
3. Children with parents facing terminal illness, who have formally requested the Committee or District Child Protection Unit to care for their child due to their inability to do so.
4. Children identified by DCPU through PO(NIC) Whose parents are mentally ill, rendering them unable to care for the child.
5. Children whose one or both parents are incarcerated.
6. Those who have experienced physical, emotional, or sexual abuse, natural disasters, or domestic violence.
The rules emphasize transitioning children from institutional care to family-based care, urging CCIs to identify suitable candidates for foster care. Children of any age can be placed in foster care, either from the community or institutions. The JJ Act 2015 prohibits placing children regarded as free for adoption in 'long-term' foster care but allows short-term placement while an adoptive family is sought. Considering the impact of institutional care, especially in early years, a short-term foster placement is recommended for most children awaiting adoption.
Rights Of Child Under Foster Care
Under foster care, the Child Welfare Committee, working collaboratively with district and state officials, is responsible for safeguarding the best interests of the foster child. They must prioritize considering the child's views in their placement to the extent possible. Additionally, the child is entitled to access information about the status and circumstances of their biological family.
Eligibility Criteria For Becoming Foster Cares
Fulfilling the criteria is essential as per the JJ Rules 2016, Rule 23(12). The criteria include: 1. Both spouses must be Indian citizens.
2. Willingness to foster the same child.
3. Both spouses should be above the age of 35.
4. Good physical, emotional, and mental health.
5. Adequate income to meet the child's needs.
6. Submission of medical reports, including HIV, TB, Hepatitis B, and cancer, for all family members.
7. Possession of sufficient space and basic facilities.
8. Willingness to follow laid-down rules, attend orientation programs, and ensure regular health check-ups for the child.
9. No criminal convictions or indictments.
10. Supportive community ties with friends and neighbours.
It's important to note that the Act and Rules don't specify a maximum age for fostering. Additionally, foster care eligibility differs from adoption criteria, allowing single carers and those over 25 to adopt. Foster parents must have no record of child abuse, verified through a background check. (Adapted from The Adoption Regulations 2017 to avoid copyright issues)
Rights and Responsibilities of Foster Cares/Parents
Rights:
1. The right to be heard and respected.
2. The right to non-discrimination based on social origin.
3. The right to adopt the same child after a minimum foster care period of five years, following the procedures outlined in the Guidelines Governing Adoption of Children, 2015, provided the child has no other claimant.
Responsibilities:
1. Provide adequate food, clothing, and shelter.
2. Offer care, support, and treatment for the child's overall physical, emotional, and mental well-being.
3. Ensure education and vocational training tailored to the child's age, developmental needs, and interests.
4. Protect the child from exploitation, maltreatment, harm, neglect, and abuse.
5. Respect the child's privacy and that of their biological family, acknowledging that any provided information is confidential and should not be disclosed without prior consent.
6. Provide emergency treatment and promptly inform PO(NIC) in such situations.
How Foster Care Process Unfolds
(DCPU - District Child Protection Unit, PFC - Potential Foster Carer, CWC - Child Welfare Committee)
1. DCPU invites applications from potential foster carers (PFCs) and provides application forms upon request.
2. PFC completes the application form and submits it to DCPU.
3. DCPU acknowledges the receipt and contacts the PFC to provide fostering information and gather basic details using the Initial Enquiry Form (Annexure UGFC 1).
4. DCPU, in consultation with PFC and relevant managers, decides whether to proceed to the next step - the Initial Home Visit
5. DCPU visits the family, meets with PFCs, and collects information using the Home Visit Form (Annexure UGFC 2).
6. DCPU, in consultation with the family and managers, decides whether to continue the process or end it, moving on to the Home Study (Form 30) and Psychosocial Assessment.
7. PFCs receive the Self-Assessment (Part 1 of Home Study) and are asked to sign Consent to checks and references (Annexure UGFC 3), granting permission for police record checks and references, and undergo a medical examination for themselves and their children.
8. Other adult family members also sign Consent to Checks and References (Annexure UGFC 4) for police record checks and agree to a medical examination.
9. A social worker is assigned to assess the family.
10. DCPU conducts references and refers to CWC to order police record checks and medical examinations.
11. PFC returns the completed Self-Assessment (Part 1 of Home Study) to DCPU.
12. The social worker arranges visits to the family to complete Part 2 of Home Study (Form 30) and Psychosocial Assessment (Annexure UGFC 5), including a Health and Safety Assessment of the home (Annexure UGFC 6).
13. Once all checks, medicals, and references are returned, DCPU decides to recommend the family for approval or not.
14. The Home study, parts 1 and 2, and Psychosocial assessment (Annexure UGFC 5) are sent to CWC for consideration.
15. CWC, after reviewing the reports, meets with PFC and recommends approval or not.
16. If approved, DCPU lists the family as available for placement, and children will be considered.
Impoprtant Points
1. Foster care is not adoption but temporary rehabilitation.
2. The custodial parents will be paid Rs.4000/- per month for the upkeep of these children.
3. Children are provided through the Child Welfare Committee in the Parental Care Scheme.
4. Guardianship is also temporary. There is an existing arrangement and in this the rights of the guardian of the children remain intact.
5. Provision is made for temporary custody of the child in a family other than the biological family.
6. Guardianship period can be short term or long term. The period of short term shall not exceed one year as per Rule 25 (6) of Maharashtra State Juvenile Justice (Care and Protection of Child) Rules 2018. The long-term period will be a maximum of 3 years, which may be extended from time to time as per the individual care plan.
7. From a family willing to accept surrogate guardianship under the Maharashtra State Juvenile Justice (Care and Protection of Children) Rules 2018 Specimen no. Under 34 the Child Welfare Committee shall receive
8. Both foster care services and pre-adoption foster care services are completely different services. Pre-adoption guardianship service is the temporary custody of a child to the prospective adoptive parents until an adoption order is obtained from a competent court.
9. Under the provisions of the Integrated Child Protection Plan, foster care is an arrangement where a child resides with a non-relative family on a generally temporary basis. This arrangement will be for children who are not legally available for adoption and whose parents are unable to care for them due to illness, death, abandonment by one parent or any other crisis
Rights Of Children
The Constitution of India
The Constitution of India guarantees the following rights specially for children
1. Article 21(a): Right to free and compulsory education for all children between the age group 6-14 years.
2. Article 24: Right to be protected from any hazardous employment till the age of 14 years.
3. Article 39(e): Right to be protected from being abused and forced by economic necessity to enter occupations unsuited to their age or strength.
4. Article 39 (f): Right to equal opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and guaranteed protection of childhood and youth against exploitation and against moral and material abandonment.
5. Article 45: State shall endeavour to provide early childhood care and education for all children until they complete the age of 6 years.
Apart from the above, children also have rights equal to citizens of India just like any other adult.
1. Article 14 Right to Equality.
2. Article 15 Right against discrimination.
3. Article 21 Right to life and personal liberty.
4. Article 23 Right to be protected from being trafficked and forced into bonded labour.
5. Article 46 Promotion of educational and economic interests of weaker sections.
The Juvenile Justice (Care and Protection of Children) Act, 2015
The Juvenile Justice (Care and Protection of Children) Act 2015 (JJ act) is the law relating to children alleged and found to be in conflict with law and children in need of care and protection. It states the provisions for their basic needs through proper care, protection, development, treatment, social re-integration, rehabilitation, adoption and restoration. It adopts a child-friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation through processes provided in institutions and bodies.
Rule 44 of The Juvenile Justice (Care and Protection of Children) Model Rule 2016 states that Children in the age group of 0 to 6 years shall be provided a permanent family through adoption as per Adoption Regulations 2017.
Women & Child Development Department
Government Of Maharashtra
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