CHAPTER - 3

 ROLE OF STATE GOVERNMENTS/UNION TERRITORIES

3.1 Licensing of Childrenís Homes

The State Governments (the term "State Government" to include Union Territory Administration wherever applicable) will license/recognise all such children's homes engaged in adoption programmes of destitute, abandoned or orphaned children under the relevant Act/statute/rules or order as operative in the state or UT.

3.2 The State Governments will licence/recognise Indian adoption agencies for in-country adoption as per the procedure laid down in Guidelines for

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 auditorís 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.

                                                                                                                                        Top

 

(c) copyright reserved by Sanyog. Powered by Victor Technology.