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i. The ACA will receive periodically a list of
children who are legally free for adoption every month
from the following and shall maintain a register for the
same:
a.Recognized Indian
Placement Agencies.
b.Licensed Adoption
Placement Agencies.
c.Government Homes.
d. Other children’s Homes.
ii.It
will coordinate the work of all its Member Agencies and
other Child Welfare Institutions in the field of Indian
adoption.
iii.It
shall call for a pet resort. riodic meeting of
Members as per the Memorandum and at least one meeting
in each quarter.
iv.It
shall receive details of children who are being sought
to be made free for inter-country adoptions from RIPAs
and ensure that the priority laid down by the Hon’ble
Supreme Court on adoption within the country is adhered
to.
v.It
shall register prospective Indian adoptive parents and
prepare the HSR of prospective Indian parents where
necessary.
vi. It
shall also receive an updated list of prospective
adoptive parents from Member Agencies.
If at
the end of 30th day, no suitable adoptive parents are
found, the ACA will give a Clearance Certificate to the
child placed under their assistance after seeing the
child verifying all relevant documents to be placed with
foreign adoptive parents. The Clearance Certificate must
include a current photo of the child
i.In
cases where CARA Guidelines are not being followed by
any recognised/licensed agency, the concerned ACA will
bring it to the notice of State Government and CARA.
ii.The
ACA should undertake programmes for promotion of
in-country adoption.
iii.It
should undertake Training Programmes to upgrade the
skills of adoption functionaries.
iv.It
should provide pre and post adoption counseling wherever
required.
v.The
ACA shall promote observance of quality childcare,
health and hygiene at placement agency. Any
irregularities or neglect of children should be reported
to CARA.
vi.All
ACAs shall submit to CARA an annual report including an
audited statement of accounts and activities conducted
throughout the year.
vii.It
will feed regular information on children placed under
ACA assistance to CARA for preparing a Central Pool.
viii.The ACA will carry out any other tasks in the field
of adoption as directed by CARA from time to time.
ix.he
ACA will make all possible efforts to place a child in
in-country adoption through inter- VCA coordination
before issue of clearance to the child for placement in
inter-country adoption within the prescribed period.
8.4 ACA shall have a minimum of two
professionally trained persons
8.5 Recognition
Every
recognised ACA should apply for renewal of recognition,
6 months prior to the date of expiry of the previous
recognition.
a.The
recognition will be normally for period of three years.
CARA may accord recognition for less than 3 years
depending on the performance of the particular ACA.
b.Criteria for Recognition
In order to be recognised as ACA, an agency must fulfill
the following
i.It
should be a society registered under the Societies
Registration Act, 1860 or an authority created by
concerned State Government with detailed Rules &
Regulations.
ii.The
agency must be recommended by the concerned State
Government for recognition by CARA.
iii.he
agency should run on a non-commercial and non-profitable
basis.
iv.
Undertaking to Comply with CARA Guidelines.
v. All the Office-bearers should be Indian Nationals.
c.Renewal of Recognition
ACA
which seeks renewal of recognition should apply to CARA
through the State Government for renewal of recognition
six months prior to the date of expiry of the previous
recognition. If the State Government does not respond
within the stipulated 60 day period from the date of
receipt of application, it shall be presumed that the
State Government has no objection. However, CARA may
issue recognition after Joint Inspection of CARA and
State Government. The following would be the main
criteria for renewal of recognition
i. Satisfactory performance in the promotion of
in-country adoptions.
ii. Timely submission of reports and audited statement
of accounts as may be specified by CARA,
iii. Compliance with Guidelines.
d.Withdrawal of Recognition
Recognition of ACA may be withdrawn by CARA for
violation of Terms & Conditions as given in these
Guidelines after giving the ACA an opportunity to
explain its position. Any malpractice, if proved, would
immediately invite action in the shape of withdrawal of
recognition. Delay and non-compliance in the submission
of reports/accounts asked for by the State Government or
CARA may also be a ground for withdrawal of recognition.
In the event of withdrawal of recognition CARA shall
evolve suitable alternate mechanism for issue of
Clearance Certificates.
8.6 Membership of ACA
All
the Recognised Indian Placement Agencies, Licensed
Adoption Agencies, Sishu Grehs and Government run
Children Homes would be required to become members of an
ACA. Child welfare agencies, which are not placing
children in adoption but are running Homes for children
etc. would also be eligible to be members of the ACA.
Any agency de-recognised by CARA or de-licensed by the
State Government shall cease to be a member of an ACA
and it shall not be eligible for membership of an ACA
unless it is once again recognised or licensed. Adoptive
Parent Associations shall also be eligible for
membership. Individuals with expertise in adoption/child
welfare may be enrolled as members. The above will
constitute the General Body of the ACA.
8.7 Structure of ACA
There
shall be an Executive Committee for managing the affairs
of an ACA. The Executive Committee shall consist of not
less than 5 members. Only ACAs recognised by CARA can
carry out the functions envisaged in these Committees.
Where there is no ACA existing, reputed Child Welfare
organisation or an academic body can function as ACA in
accordance with existing Guidelines for ACA formation.
CARA, in consultation with State Government, may
identify such an organisation not involved in adoption
placement work. However, its recognition as an ACA shall
come through the State Government if all other
conditions are met.
The
office bearers of the Executive Committee of an ACA will
consist of a Chairperson, Secretary and Treasurer. Who
shall be elected from and by the General Body of Members
of the ACA for a term of 3 years. No office bearer shall
be from any inter-country adoption agency. Office bearer
shall not hold office for more than two consecutive
terms.
The
tenure of Executive Members will be for a period of 3
years.
The
Executive Committee shall consist of the following
Members:
1.Chairperson, Secretary, Treasurer;
2.One
representative of the State Government not below the
rank of Assistant Director;
3.One
representative of the Scrutiny Agency/Agencies working
in the jurisdiction of the concerned ACA;
4. One
representative of the agencies exclusively involved in
Indian adoption (without having Inter-country Adoption
recognition);
5.One
representative of the Recognised Indian Placement
Agencies (Inter-Country) wherever existing;
6. One
representative from Adoptive Parents Associations,
wherever existing;
7. One
representative from the Deptt. of Health, State Govt.
8. One
representative from the Academic Community preferably
from the field of Social Work/Law/Child Development
without any direct link with the adoption agencies.
The
representation from Points 2 to 7 shall be on a rotation
basis wherever there are more such
agencies/organizations. Representative of the Scrutiny
Agency in the ACA Executive Committee should not be
member of the Adoption Scrutiny Committee.
8.8
The Executive Committee of an ACA may appoint staff to
carry out the day-to-day functions of the ACA. Such paid
staff would be accountable to the Executive Committee.
8.9 No
Recognized Indian Placement Agency shall process the
application of foreign families for inter-country
adoption before obtaining the Clearance Certificate (CC)
from the ACA.
8.10 ACA Clearance Certificate
The
ACA clearance certificate shall have two signatures.
This comprises the Chairperson and Secretary of the ACA.
The procedure will be followed as per Para 4.1 Step II
of the Guidelines.
8.11 Existing VCAs
The
existing VCAs shall be reconstituted within a period of
six months of issue of these Guidelines and will be
known as ACA.
No
organisation can function as an ACA as prescribed in the
Guidelines without a valid recognition of CARA.
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