The State
Governments (the term "State Government" will also
include Union Territory Administration wherever
applicable) will maintain a list of all children's homes
being run for the maintenance of destitute, abandoned,
orphaned, delinquent or neglected children by
Govt./voluntary/private organisations which are
registered, recognised or licensed under various Laws.
2.2
List of Adoption Agencies
The State
Government shall also separately maintain a list of all
Agencies handling in-country and inter-country adoption
of children and will identify all children who are
legally free for adoption in these institutions.
2.3 The
State Governments shall recognise Indian adoption
agencies for in-country adoption as per the procedure
laid down herein. State Governments should send a list
of the Licensed Adoption Placement Agencies (LAPA) to
CARA once a year.
2.4 Role
and Functions of State Governments
The State
Govts. will monitor both the in-country and
inter-country adoption programme within their
jurisdiction and coordinate the activities of RIPAs,
LAPAs, ACAs and Scrutinizing Agencies. They will also
undertake to:
Encourage and promote placement of eligible children
in adoption or guardianship with families within the
country.
Scrutinise with ACA applications for declaring a
child free for inter-country adoption.
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 should not be allowed to
carry out adoption work.
Receive all applications for fresh recognition and
renewal of recognition for inter-country adoption
and after due verification give its clear
recommendation or otherwise with supporting
documents as prescribed.
Form
an Advisory Committee on adoption with the following
members:
(a)
Secretary, Women & Child Development or the
Administrative Department for Adoption
Programme
1
Chairman
(b)
Director, Women & Child Development or the
concerned Directorate for Adoption Programme.
1
Member
(c)
Two representatives of
Adoption
Placement Agencies.
2
Member
(d)
One representative of ACAs
1
Member
(e)
One representative of Adoption Scrutinising
Agencies.
1
Member
(f)
Three experts in the field of Social and
Child Welfare.
3
Member
The
Committee will meet periodically to discuss child
welfare measures and ways & means to promote in-country
adoption of children. The tenure of such committee will
be three years.
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
secretarial & administrative assistance to the
Advisory Committee on Adoption. The Adoption Cell
should consist of at least one Officer and an
Assistant or more based on the number of agencies
licensed and recognized in the State.
Evolve
suitable criteria for
licensing/suspension/termination of License of
Social/Child Welfare agencies for in-country
adoption.
Ensure
that the provisions of the Supreme Court Judgements
in the L.K. Pandey Vs. UOI case of 1984 and the
Guidelines for Adoption issued by Govt. of India
from time to time are adhered to.
The
State Government will receive data on new arrival
and death of the children from all the adoption
agencies and Children’s Home.
The
State Government will maintain list and register of
prospective adoptive parents.
The
placement of children from Nursing Homes/Hospitals
is illegal and prohibited. The Supreme Court
directive in this regard should be strictly enforced
and action should be taken against those who violate
these guidelines by the State Government concerned.
Wherever necessary, the State Government may also
prepare Home Study Reports of prospective adoptive
parents by its designated officers as per Guidelines
placed in the
Annexure-VI, which will be acceptable to all the
adoption agencies.
xiii.Consider
for clearance cases for relaxation of age criteria for
parents wishing to adopt special needs children within
the country.
2.5 Inspection of Adoption Agencies.
The State
Government will periodically and at least once a year,
inspect or cause to be inspected, all RIPAs and LAPAs as
also their papers, documents and activities connected
with the service for children, generally, 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.
iv. That
the 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 compiled with the
provisions of the Foreign Contributions (Regulations)
Act, 1976.
vi. That
the organisation is receiving regular progress reports
about the well-being of children given in adoption.
vii.That
qualified staff are employed by the Agency to supervise
the care of children.
viii.That
in the case of children placed in pre-adoption foster
care with the prospective adoptive parent(s), the cases
have been legalized within 6 months of such placement.
ix.That
a Central Register of prospective adoptive parent(s) is
maintained.
x. A
separate register is kept for children given in
preadoption foster care in all cases.
2.6 Monitoring of Performance
The State
Government will call for information and data every
quarter from all RIPAs/LAPAs engaged in adoption in
order to monitor the functioning of these agencies. The
data will be called for in a Proforma to be prescribed
by the Central Adoption Resource Authority. An annual
report and audited statement of accounts will be
received from all Licensed Adoption Placement Agencies.
2.7
Suspension/termination of recognition/license of RIPA/LAPA
In case of
a report of malpractice by a LAPA/RIPA, the State
Governments shall inform CARA and take appropriate
action. It will make a suitable rehabilitation plan for
the children affected by any action taken against
defaulting Agencies. Normally such children should be
transferred to other Agencies. The State Governments
should ensure that no organization either RIPA or LAPA,
indulge in any illegal activity or practice which is
both against the law and not in the interest of the
child. It is therefore, essential that the State
Governments exercise full caution & vigilance in
monitoring the activities of the adoption agencies in
their respective states.
