CHAPTER II
ROLE OF STATE GOVERNMENT/UNION TERRITORIES
 

2.1 List of Children’s Home

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: 

  1. Encourage and promote placement of eligible children in adoption or guardianship with families within the country. 

  2. Scrutinise with ACA applications for declaring a child free for inter-country adoption.

  3. 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. 

  4. 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. 

  5. 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. 

  1. 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. 

  2. Evolve suitable criteria for licensing/suspension/termination of License of Social/Child Welfare agencies for in-country adoption. 

  3. 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. 

  4. The State Government will receive data on new arrival and death of the children from all the adoption agencies and Children’s Home. 

  5. The State Government will maintain list and register of prospective adoptive parents. 

  6. 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. 

  7. 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.

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