FAQ's
“Child” means a person who has not completed eighteen years of age.
The Constitution of India guarantees the following rights specially for children:
Article 21(a): Right to free and compulsory education for all children between the age group 6-14 years.
Article 24: Right to be protected from any hazardous employment till the age of 14 years.
Article 39(e): Right to be protected from being abused and forced by economic necessity to enter occupations unsuited to their age or strength.
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.
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
Article 14 Right to Equality
Article 15 Right against discrimination
Article 21 Right to life and personal liberty
Article 23 Right to be protected from being trafficked and forced into bonded labour
Article 46 Promotion of educational and economic interests of weaker sections.
Foster care is a temporary living arrangement in which a non-relative couple or single parent provides care and protection for an orphaned child or a child who cannot temporarily or permanently return to his/her family of origin. Unlike adoption, a child in foster care remains the legal responsibility of the State and the biological parents. If it is determined that the child can return to the birth family contingent upon changes made in the family, the child may live with a foster family while the family receives support. Foster care should not be viewed simply as a backdoor to adoption for families wishing to adopt. Foster care arrangements may end in the reunification of a child with his/her family, or adoption with the foster caring family or another family.
“Adoption” means the process through which the adopted child is permanently separated from his biological parents and becomes the lawful child of his adoptive parents with all the rights, privileges and responsibilities that are attached to a biological child.
“Group Foster Care” means a family like care in a fit facility for children in need of care and protection who are without parental care aiming on providing personalised care and fostering a sense of belonging and identity, through family like and community based solutions.
“Aftercare” means making provision of support, financial or otherwise, to persons, who have completed the age of eighteen years but, have not completed the age of twenty-one years, and have left any institutional care to join the mainstream of the society.
Kinship care is when the child’s relatives or family friends care for the child instead of a family that is not biologically related to the child. This is the preferred resource when the child’s immediate family is unable to care for the child.
- Complications in foster care process.
- Less awareness about short stay homes or foster care system.
- Eligibility, validations and lengthy processes.
- System sensitisation for smooth acceptance of foster care systems.
- Data unavailability.
“For the Best interest of child” means the basis for any decision taken regarding the child, to ensure fulfilment of his basic rights and needs, identity, social well-being and physical, emotional and intellectual development.
“Child Care Institution” means Children’s Home, Open Shelter, Observation Home, Special Home, Specialised Adoption Agency and a Fit facility recognised under the Juvenile Justice (Care and Protection of Children) Act, 2015 for providing care and protection of children, who are in need of such service.
“Deinstitutionalisation”is the policy-driven process of reforming child care systems, which primarily aims at decreasing reliance on institutional and residential care with a complementary increase in family and community based care and services.( Opening Doors, Euro Child)
“Family preservation” means efforts to keep families together and prevent unnecessary out-of-home placement of children.(Child Welfare Information Gateway)
“Foster family” means a family found suitable by the District Child Protection Unit to keep children in foster care under section 44 of the JJ Act.
“District Child Protection Unit” means a Child Protection Unit for a District, established by the State Government under section 106 of the JJ Act 2015, which is the focal point to ensure the implementation of this Act and other child protection measures in the district.
Foster care differs from adoption, as it is considered a temporary care option and foster children can be with a family until they are 18 years old. The legal guardian of foster children is the Child Welfare Committee in the district in which the child resides. Foster children cannot change their identity or take a new name to associate with a foster family. Foster children are also not eligible to demand property rights from their foster families. Some children are placed with foster families short-term, while others may stay in long-term foster care, may become eligible for adoption, or move to independent living.
Child care institutions (CCIs) are governmental or nongovernmental facilities that provide care to children up to the age of 18. CCIs are a necessary alternative on the continuum of care in India’s current context, however it should be viewed as a last resort for children who are outside of the care and protection of their biological families.
It is crucial that preliminary visits between the child and potential carers are handled with the utmost care and take place in the most child-friendly manner. Counseling and trainings should take place before, during, and after the placement for the child and the carers, ensuring comfort and understanding. Additionally, counseling and information should be provided to the biological parent(s), as the ultimate goal of foster care is family reunification, provided that it is in the best interest of the child. Therefore, it is important that the biological parent(s) understand their rights and responsibilities. The necessity of counseling and trainings for all involved parties cannot be understated given the newness of foster care in the current Indian context.
Family strengthening, also known as family preservation, may take a variety of forms, but is generally considered as any formal services provided to vulnerable families with the ultimate goal of keeping the child in the family, provided it is in the best interest of the child. As we have discussed in the international and national documents regarding alternative care, poverty is not deemed an acceptable reason for child abandonment and separation from the family.
In India, eligibility for foster care includes vulnerable children who face the following challenges: parents who are mentally ill and are unable to care for them, one or both parents are in jail, are victims of physical, emotional or sexual abuse, natural/manmade disasters, agrarian distress and domestic violence. Current foster care practice in the country seeks to move children out of child care institutions into family-based care settings.
The Child Welfare Committee in each district decides which children are eligible based on the following criteria:
⦁ Children between 6 – 8 years who are not adopted within 2 years of being declared legally free
⦁ Children between 8 -18 years who are not adopted within 1 year of being declared legally free
⦁ Children with special needs of any kind who are not adopted within a year
⦁ Any Indian citizen, whose domicile is in Rajasthan, shall be eligible for the foster caring of the child.
⦁ The relationship of the prospective couple should consist of at least two years of stable marriage.
⦁ Prospective foster parents can qualify as beneficiaries of children approved for foster care regardless of whether or not their own children are current residents in their household.
⦁ Combined age of the foster parents should not be more than 120 years, in which the individual age of every parent should not be more than 65 years.
⦁ If a male applies on his own, he cannot take a girl for foster caring.
⦁ Along with the application form, the prospective foster parents shall present an age certificate, proof of residence, proof of income, a medical certificate, a copy of bank account details, a marriage certificate, testimony of two reputed persons and required affidavit.
⦁ The prospective foster parents should not be a part of any criminal case pending in court. In this respect, police verification in related police station is necessary.