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Incountry
Adoptions 2004 and shall forward applications of Indian
agencies seeking recognition for inter-country adoption
to the Central Adoption Resource Authority after proper
verification. State Governments should not recommend
either new recognition or renewals if they have not
permitted the concerned agency to undertake in-country
adoption. All agencies will also have to be licenced/registered
under the relevant Act of the State to qualify for
recognition.
3.3
List of Adoption Agencies
From
among the above Homes, the State Government will
separately maintain a list of all such Homes or Agencies
handling in-country and inter-country adoptions and will
maintain a list of all children who are declared legally
free for adoption by the competent authorities in these
institutions.
3.4
Role and Functions of State Governments:
i.Monitor
the adoption programme and the activities of all
adoption agencies, RIPAs & ACAs within its jurisdiction.
ii.Encourage
and promote placement of such children in adoption or
guardianship with families within the country.
iii.If
there is no ACA in particular state, until the ACA is
set-up, the Department of the concerned State Govt. may
function as ACA.
iv.Enforce
the Orphanages and Other Charitable Homes (Supervision
and Control) Act, 1960 and/or Juvenile Justice (Care &
Protection of Children) Act, 2000 and/or formulate
suitable alternate rules in order to maintain certain
minimum standards for child care in child welfare
institutions. Homes not licensed/recognised by the State
Governments will not be allowed to carry out the
function of adoption.
v.Receive
all applications from adoption agencies for fresh
recognition as well as renewal of recognition for
inter-country adoption. After due verification it will
give its clear recommendation alongwith Inspection
Report or otherwise with supporting documents to CARA.
vi.Form
an Advisory Committee on adoption which shall have the
following as members :
|
(a) |
Secretary, Women & Child
Development Deptt. /Social Welfare/ Panchayat
Raj |
1 |
Chairman |
|
(b) |
Director, Welfare/Social Welfare/ Women &hild
Development |
1 |
Member |
|
(c) |
Two representatives of adoption placement
agencies |
2 |
Member |
|
(d) |
One representative of ACA/s |
1 |
Member |
|
(e) |
One representative of Adoption Scrutinising
Agencies. |
1 |
Member |
|
(f) |
Three experts in the field of Social and Child
Welfare |
3 |
Member |
vii.The committee will meet periodically to
discuss child welfare measures, specifically ways and
means to promote in-country adoption of children and
take all such decisions pertaining to policy issues on
adoption. The tenure of such a committee shall be three
years.
viii.The State Government should also set up an
Adoption Cell in the Directorate of Social Welfare to
co-ordinate, monitor and develop the work of adoption
and render all assistance to the Advisory Committee on
Adoption. The Adoption Cell should consist of at least
one officer and assistant or more based on the number of
agencies licensed and recognized in the State.
ix.Ensure
that the provisions of the Supreme Court judgement, the
State JJ Rules based on JJ Act, 2000 and the Guidelines
for Incountry Adoption-2004, are adhered to.
x.State
Governments shall receive data on new arrivals and death
of the children from the adoption agencies and shall
furnish annual data on adoption to CARA.
xi.State
Governments may direct all the CWCs/JJBs working in the
States to submit periodical data to ACA and Adoption
Cell relating to adoption matters.
3.5
Inspection of Adoption Agencies:
CARA/State Government will periodically and at least
once a year, inspect all Licensed and Recognised
Adoption Placement Agencies as also their papers,
documents and activities connected with the service for
children, in order to verify the following:-
i.That
adoption as an activity is being pursued by the
organization as a welfare measure in the interest of
children and not as a commercial activity.
ii.That
proper records are being maintained for children
admitted to the homes.
iii.That the children admitted are provided with
quality child care and basic minimum facilities for
their care, education and development in the institution
or Foster Homes.
iv.That
lists of persons interested in adopting a child or
taking a child under guardianship are being maintained
by the organisation regularly.
v.That
the accounts of the organisation are being maintained
and audited annually without delay and that the
auditor’s reports confirm that the accounts are fair and
accurate; that any organisation which is in receipt of
foreign funding is duly registered with the Ministry of
Home Affairs and has otherwise complied with the
provisions of the Foreign Contributions (Regulation)
Act, 1976.
vi.That
the organisation is receiving regular progress reports
about the well-being of children given in adoption.
vii. That qualified staff having social work
experience are employed by the agency/organisation to
supervise the care of children or they have access to
such staff.
viii.That in the case of children placed in
pre-Adoption care/foster care with prospective adoptive
parents, the cases have been legalized.
ix.A
separate register is kept for children given in
pre-adoption foster care in all cases.
x. That
a Central Register of prospective adoptive parents is
maintained.
3.6
Monitoring of Performance
The State Government shall call for information and data
every quarter from all RIPAs and Licensed Adoption
Placement Agencies (LAPAs) engaged in adoption in order
to monitor the functioning of these agencies. The data
shall be called for in a proforma to be prescribed by
the Central Adoption Resource Authority. An annual
report and audited statement of accounts shall be
received from all Adoption Agencies.
3.7
The State Government shall take all such measures as
are deemed necessary to actively encourage in-country
adoption of children in preference to inter-country
adoption. Special care/efforts shall be made for
rehabilitation of children in institutions through
placement by adoption.
3.8
The State Government may take appropriate legal
action against persons and institutions including
Nursing Homes and Hospitals involved in illegal adoption
work.
3.9
Suspension/termination of recognition of RIPA
In case of a report of violation of guidelines by a
Recognised Indian Placement Agency, the State Government
shall inform CARA for taking appropriate action. In case
of suspension/withdrawal of recognition by CARA,
suitable alternative rehabilitation plans have to be
ensured by the State Government for children awaiting
adoption through other Recognised Indian Placement
Agencies.
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