Community Based Alternative Care - Foster care: Guidelines and Good practice models in India

COMMUNITY BASED ALTERNATIVE CARE

Foster Care Guidelines and Good Practice Models in India

Knowledge Development and Dissemination Centre of Rainbow Homes Program prepared this report for private circulation. We would like to pay our sincere thanks to all the staff of sample organizations selected for this study for sharing their practice, challenges and learnings with us.

Any part of this report may be reproduced for educational and other non-commercial purposes without written permission, but with appropriate acknowledgment of the source.

Credits Author: Team, Knowledge Development & Dissemination Centre (KDDC), Rainbow Homes Program – Association for Rural and Urban Needy (ARUN) Photo Source: https://unsplash.com/photos/ Printed by: Print World, Delhi

Contact: Rainbow Homes Program Vijaya Lakshmi Avenue, Flat No: 2&3, H. No. :1-3-183/40/21/53, Road Number: 5, P&T colony, Gandhinagar, Hyderabad -500080 Ph.: 040-27660017 | www.rainbowhome.in

Contents ABSTRACT

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EXECUTIVE SUMMARY

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CHAPTER 1:

INTRODUCTION AND BACKGROUND

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CHAPTER 2:

FOSTER CARE AN ALTERNATIVE CARE: AN OVERVIEW

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CHAPTER 3:

LEGAL AND POLICY INSTRUMENTS

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CHAPTER 4:

FOSTER CARE: THE KEY ASPECTS OF MODEL GUIDELINES 2016

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CHAPTER 5:

FOSTER CARE IN INDIAN AND IN GLOBAL CONTEXT

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CHAPTER 6:

BEST PRACTICE MODELS BY FEW SOCIAL ORGANIZATIONS IN INDIA

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CHAPTER 7:

WHAT IS REQUIRED TO MAKE FOSTER CARE EFFECTIVE: SPECIFIC RECOMMENDATIONS

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ANNEXURES

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Through intense discussion with government official in few cities and literature reviews, the report captures the latest legal and policy framework on Foster Care Model, which has been presented in an easy-to-understand style so that they can be used as an effective reference material by all the stakeholders.

Apart from the overall concept, mechanism, policy and legal instruments, the study also attempted to document interventions practiced in India and some other countries about individual as well as group Foster Care, though IDIs with NGO representatives in few cities practicing Foster Care Models. The repot can be helpful for RHP for planning such model of care in future as well as can be used by child care practitioners and volunteers in the field of community based Alternative Care.

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Abstract

India faces a humongous task of caring and protecting a large number of out-of-home care children and giving them the opportunities to grow to their full potential. Over time, institutional care has become the solution adopted towards the care for children without parental care, rather than the measure of last resort because the Government’s failure to protect these children. However, the focus of child care in India as well as in many countries across the world has shifted from institutional to family or community-based child care, as is recommended by international instruments on child care and researches on the issue. Examples from around the world demonstrate that there are many ways children without adequate family care can be supported within their own communities. One of the forms of alternative care include Foster Care that offers to a child protection and a nurturing environment in a family atmosphere, which is conducive for the healthy, normal growth of the child. In India Juvenile Justice (Care and Protection of Children) Act, 2000 and Integrated Child Protection Scheme (ICPS) promote familybased services for children including Foster Care. As Rainbow Homes Program (RHP) initiated to move to a more Community Based Alternative Care Model, it was felt important to have deeper understanding of different aspects, processes and components of Foster Care Models practiced globally.

Executive Summary The focus of child care across the world has shifted from institutional to family or community-based child care, as is recommended by international instruments on child care and researches on the issue. One of the forms of alternative care include Foster Care that offers to a child protection and a nurturing environment in a family atmosphere, which is conducive for the healthy, normal growth of the child. Researches show that Parental care boosts the short-term cognition of the children and they develop socially and emotionally. Even UNCRC outlines family as the fundamental unit of the society and critical for the growth, wellbeing and protection of children.

Keeping in the mind the government’s directives and rights of children to be in families, Rainbow Homes Program initiated expanding its frontiers beyond institutional care, biological family reintegration. While RHP initiates the above-mentioned alternative care models for children under its care, it was felt important to have deeper understanding of different aspects of Alternative Care Program undertaken globally. Among others, this research attempts find out the concepts of foster care model as an alternative care model for children, its processes and mechanisms to implement as well we study different models of foster care for children practiced by social organisations in India.

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The design of research is exploratory and qualitative in nature to develop holistic understanding of the contemporary foster care models practised by different NGO in India and in global context. The tools for data collection included; i) desk research to understand processes of these programs by different organizations outside India; ii) Individual Interactions with NGO representatives in different cities practicing different types of foster care / family based alternative care for children to understand their processes and challenges and iii) Interaction with few government officials of State Child Protection Societies (SCPS) under ICPS. Researchers conducted Individual Interviews with NGO representatives in different cities practicing different types of foster care/ family based alternative care for children. The organizations interviewed were; BOSCO, Bangalore; Sneha Sadan, Mumbai; SOS children’s village, Kolkata; Youth Council for Development Alternatives (YCDA), Orissa and Family Support Centre, Mumbai.

In terms of limitations there was little scope at the time of conceiving this study, owing to the pandemic situation. To gain practical insights on different practices and effective methods used in the implementation of foster care in India, by visiting some of the sample organizations and have face to face interactions but the major limitation of the study was, therefore, lack of opportunity to interact with any of the foster families or foster children which would have given practice. Further, although foster care services are provided in different parts of India, there is no concrete data available about the foster care organisations that exist here and the various models of foster care that they practice.

Also, the lack of previously conducted research on Foster Care system in India possessed significant barriers in preparing checklist and questionnaires to interview the NGO representatives, to understand the core aspects related to the subject.

The “Children in India 2012”, a report published in October, 2012 by the Ministry of Statistics and Program Implementation, Government of India, states that one third of the total population of the country consists of children. Children are the most marginalised section of population across the countries who gets adversely affected to social, political, structure adjustment programs of the countries. The adversities are more for children when they get separated from one or both parents severing the child’s first and primary source of protection and care. As families are the natural environment for children to grow the children have the right to be cared for by their parents and at the same time parents have a responsibility to provide for their children’s upbringing and development.

Alternative care is understood to be care for orphans and vulnerable children lacking the custody of their biological families and parents, within family-type settings or family settings in their own communities. It includes adoption, foster care, guardianship, kinship care, and other community-based provisions for children in need of care.

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Foster family care is a form of rights-based approach to child welfare, which provides a planned period of alternative family care for a child, who has been deprived of his or her birth family, either temporarily or permanently. In India, the history of foster care can be traced back to 1960, when the same was first initiated by the Central Government. The first non-institutional scheme was introduced in Maharashtra in 1972. In the late 1990's Karnataka implemented a foster care scheme committed to destitute children. Moreover, the emergency schemes were operational in Gujarat, after the 2001 earthquake where around 350 children were rehabilitated with their relatives and neighbours in the community.

While understanding the factors behind need of foster care research findings suggest that although poverty is given as the main reason for children entering alternative care, there are often other factors which are critical to the decision. These include violence; abuse; family conflict; abandonment; migration; family death or illness and addictions.

India has had a tradition of joint family system, and the social bonding was strong enough that orphans, children of single parents, children of widows were given shelter, food, love and protection in one unified large family. However, as the social fabric changed, the joint family system gradually disintegrated into smaller individual households.

Apart from this there are other socio-cultural barriers that create resistance to upholding formal alternative care in India such as the increasing number of children needing foster care; families often resists to accept children for fostering as they fear of developing emotional bonds and attachments with the children and suffer when these children are to be handed over to their biological parents; few families who show interest on fostering a child sometimes get over burdened especially in cases they have their own biological children afterwards; there can be certain corruption or unethical practices by the foster families, unless follow up procedure from the State is stronger; although JJ Act and the subsequent protection scheme ICPS promotes for non-institutional care through Foster Care placement among other arrangements, the guidelines on foster care are very ambiguous in India; the government functionaries are neither familiar with the laws and regulations nor are they well trained to deal with the issues of child protection vis-a-vis alternative care; budgetary allocations to family-based alternative care provisions are meagre and are not sufficient for the requirements of the children in need of care and protection.

The international community has increasingly recognized the need to delineate childspecific rights. The UN Declaration on Social and Legal Principles relating to the Protection and Welfare of Children, with Special Reference to Foster Placement and Adoption Nationally and Internationally, 1986 is one of the key instrument adopted by General Assembly resolution 41/85 of 3 December 1986.

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Foster care in India is governed by certain legal and policy instruments. The notable milestone in India’s foster care journey includes the Juvenile Justice (Care and Protection of Children) Act, 2000 and Integrated Child Protection Scheme (ICPS) which promote family-based services for children. On the other hand, Model Guidelines for Foster Care derive strength from section 44 of the Juvenile Justice (Care & Protection of Children) Act 2015, Rule 23 of the JJ Rules, 2016 and the United Nations Convention on the Rights of the Child (1989).

The practices in the international arena varies, as found in the literature review. For instance, in Armenia Foster care is not a widespread practice. As of December 2012, there were around 15 ‘active’ foster families in the country, although there are government commitments to support 25 foster families. Around 500 children a year come under the care of legal guardians.

There is a high demand of disadvantaged children in Vietnam who need State protective services such as foster care. Ministry of Labor, Invalids and Social Affairs, MOLISA, (2009) confirms that around 1,54 million of children are under difficult circumstance, accounting for 18.2% of Vietnam’s child population.

Foster care in Spain has many modalities, depending on a series of criteria. The legislation of 1996 (Ley Orgánica 1/96 de Protección Jurídica del Menor; Constitutional Child Protection Law) defined different types, extending the possibilities of foster care for covering the highly diverse needs of children.

In 2016, there were 437,465 children in foster care in the United States. 48% were in nonrelative foster homes, 26% were in relative foster homes, 9% in institutions, 6% in group homes, 5% on trial home visits (where the child returns home while under state supervision), 4% in proadaptive homes, 2% had run away, and 1% in supervised independent living. The Portuguese Law on the Protection of Children and Young People in Danger (Law 142/2015 of September 8th) favours the placement of the child in a family environment, foster care, especially for children up to the age of 6 years old.

The United Kingdom has different types of foster care such as, Family and friend’s households, Long-term fostering households, Short term/temporary fostering with the intention of a return to the family of origin, Short breaks children with disability or special needs are kept with foster families for a short while, to provide biological parents short breaks, Remand, where a specially trained foster carer looks after young people after court remand, Emergency foster care and Specialised Therapeutic fostering where children with very complex needs/ suffering from behavioral issues are kept with specially trained foster families for some period of time.

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Few Indian states have developed effective foster care programme and formulated foster care guidelines in line with the Model Guidelines of Foster Care, 2016, JJ Act and other policy prescriptions endorsing alternative care. Thus, foster care is still in nascent stage in India by government’s initiative and there have been only few existing literatures on foster care in an Indian context.

Bangalore Oniyavara Seva Coota (BOSCO),Bangalore has been practising non-institutional model of child care and rehabilitation, since its inception 33 years ago. BOSCO ensures that children are always successfully reintegrated into their biological or extended family every day. But children who are orphaned or do not have responsible parents remain in the family simulated short stay home for years until they leave to lead an independent life.

Youth Council for Development Alternative (YCDA) initiated alternative care systems for children in need of care and protection back in 2007. Since establishment of ICPS, YCDA has been working restlessly together with Child Welfare Committees (CWCs) and District Child Protection Unit (DCPUs) and bringing the appropriate State policies to further formalize the system of alternative care. The organization implement formal family-based care including Individual Foster care and Group foster care with the government of Orissa.

Snehasadan, since last 49 years has been working with the homeless children of Mumbai, the process of engaging with street children has changed and modified. Snehasadan employs trained social work staff who work with the community to identify homeless children, work towards family repatriation, counselling and finding a foster home at Snehasadan if the homeless child does so choose. Sneha Sadans foster home operates like a real family where the children feel safe and valued.

Family Service Centre (FSC), a non-profit organization founded in 1955 runs family based and community-oriented programs that aim to reach out to families in difficult circumstances through preventive non-institutional services. FSC is a pioneer organization to initiate the foster care scheme under Central Social Welfare Board in 1964.

The study documents few strategies that may be adopted to enhance acceptance and promote Foster Care as one of the progressive family-based alternative care in India.

Firstly, Foster care needs to be correctly defined because in the JJ Act there is huge lack of awareness and confusion regarding foster care in India, it has been understood only as pre-adoption option. Also, there has to be classifications of foster care with clarity on time frames of fostering. Secondly, in line with CARA and SARA, there is a need for separate and external governing, and regulatory bodies branching from the CWC for Foster care.

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Sample organizations face much more difficulties to find a foster family for a child with special needs as potential foster families are reluctant to foster children with disabilities.

This situation can change with special financial assistance, professional supports from institutions, rehabilitation centre, special schools etc.

The system of foster care which offers a more flexible procedure should be implemented on a wider scale so as to provide a home to children suffering in overcrowded institutions lacking basic facilities. Central Governments, states and local governments need to take proactive steps in analysing prevalent situation of child protection in the states and takes measures accordingly adhering to the central guidelines.

The relationship between foster parents and foster care agency representatives, mainly social workers play important role in the success of foster care placement. More frequent visits and meeting with foster parents, more confidence among foster parents and they feel supported and appreciated for the care jobs done. Apart from the low payment rates the foster parents receives, with the low payment rates they receive, delays in financial disbursements create hardships for foster families. Hence, it is recommended that foster parents payment rates are to be increased and disbursed on time to provide them with adequate financial support for the child’s maintenance such as education, health, nutritious and other expenses involved in child wellbeing.

The study suggest economic strengthening supports to biological families, develop family assessment tools for biological family to check on their progress in terms of household income, whether rest of the children are continuing education, health status of the family members etc. There should be proper maintenance of record and report mechanisms to the state functionaries by the social organizations on foster care interventions including financial provisions under the program.

This study suggests that there has to be further exploration on educational attainments and learning levels during foster care placement period. Children’s own experience sharing of education and social supports, particularly in relation to some issues including school bullying, educational experiences in different care conditions and changes in contact with birth family etc. can be explored.

Foster care program in India is still in nascent stage, the study concludes with the hope that further research studies on foster care execution will help to take a much deeper look at the foster care in India; succeed in revealing many more aspects of this program and let people know how this arrangement of family-based care can positively transform the lives of children longing for genuine parental love and care.

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01 Introduction & Background

This chapter provides the background information about the present study on Foster Care of children in need of support. Besides, it explains about the research objectives, methodology adopted, samples and limitations of this study.

India is home to 1.27 billion people which make it the second most populous country in the world. Census 2011 shows that India represents almost 17.31% of the world’s population, which means one out of six people on this planet live in India. Every year, an estimated 26 million children are born in India. The “Children in India 2012”, a report published in October, 2012 by the Ministry of Statistics and Program Implementation, Government of India, states that one third of the total population of the country consists of children.

THE CONTEXT Violence against children crosses continents and cultures, it is in our homes, communities and institutions, and often it is perpetrated with impunity. A recent study by UNICEF estimates that in 2012 almost 95,000 children and adolescents under the age of 20 were victims of homicide; that more than 10% of girls (120 million) have experienced a forced sex act; and that 60% of children between two and 14 are subjected to physical punishment by their caregivers.1 Violating children’s rights to be protected contributes to poor mental, physical, emotional and social development of children, and adversely affects children’s capacity for self-reliance and their roles and responsibilities as adults.

Children are the most marginalised section of population across the countries who gets adversely affected to social, political, structure adjustment programs of the countries. The adversities are more for children when they get separated from one or both parents severing the child’s first and primary source of protection and care. Families are the natural environment for children to grow. Children have the right to be cared for by their parents; parents have a responsibility to provide for their children’s upbringing and development. Children are most vulnerable when they lack a protective family environment, are left alone or unsupervised by any caring adult.

An inadequate care environment can impair a child's emotional and social development, and leave children extremely vulnerable to abuse and exploitation, including sexual abuse and physical violence. Some children for example those living without parental care, children in conflict with the law, and children affected by conflict can be more vulnerable to such violence. The right to a family is one of the most basic rights of every child and the natural environment for a child to grow up in, is a nurturing family. Researches show that Parental care boosts the short-term cognition of the children and they develop socially and emotionally. Similarly, it helps in long-term success in academics and later life. A large number of children face instability in their lives if they are deprived of their basic need to develop in family environment. Even UNCRC outlines family as the fundamental unit of the society and critical for the growth, wellbeing and protection of children.

The term “children outside parental care” refers to all children not living with parents, for whatever reason and in whatever circumstances. Illness, split-up, death or imprisonment of parents, parting due to relocation or conflict in the child’s best interests, removal from the family due to neglect or abuse, detention of the child or the child’s own initiative to leave home are some of the major reasons that deprive a child temporarily or permanently from

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From a whisper to a shout: a call to end violence against children in alternative care; SOS Children’s Villages International, University of Bedfordshire, 2014

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parental care.2 The wider group of children without parental care therefore reflects an incredible diversity of individual situations including3: - Orphaned children - Children living in alternative care - Children associated with armed groups - Separated or unaccompanied children - Children affected by HIV/AIDS - Children living and working on the street - Child victims of trafficking - Children with a disability Child care is protecting every right of children against social, psychological and emotional insecurity by preventing all forms of violence, exploitation, neglect and abuse against them.

The concept of child care recognizes three fundamental truths: Children require unique care and protection due to their development needs; Children have specific, fundamental child rights and some children are more vulnerable and require more targeted focus to ensure that their child-specific rights are safe-guarded. Children without parental care need special care and protection and thereby recognized by the Government as ‘children in need of care and protection’.

The focus of child care in India as well as in many countries across the world has shifted from institutional to family or community-based child care, as is recommended by international instruments on child care and researches on the issue. This change in approach is reflected in India’s National Policy for Children 2013, which has identified one of its key priorities as: “To secure the rights of children temporarily or permanently deprived of parental care, the State shall endeavour to ensure family and community-based care arrangements including sponsorship, kinship, foster care and adoption, with institutionalization as a measure of last resort, with due regard to the best interests of the child and guaranteeing quality standards of care and protection.”(Para 4.10).4

WHAT IS ALTERNATIVE CARE FOR CHILDREN? Alternative care is understood to be care for orphans and vulnerable children lacking the custody of their biological families and parents, within family-type settings or family settings in their own communities. It includes adoption, foster care, guardianship, kinship care, and other community-based provisions for children in need of care. One of the critical conditions when employing alternative care for children is forecasting the duration and permanency of 2

BOSCO, Foster Family Renewed Hope and A New Life- A Study on the Practice of Foster Care for Children In India 3 What You Can Do About Alternative Care In South Asia, An Advocacy kit 4 2017, Udayan Care, Standards of Care in Child Care Institutions

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placements that guarantee constancy, stability and a sense of belongingness. It also involves a course of action that includes long-term planning aiming at reconnecting the children with their biological families or to place them with adoptive families.

Alternative Care, for children separated from their families is poised strongly on the international child protection agenda. In a historic step, the United Nations General Assembly (UNGA) had resolved to focus on ‘Children without Parental Care’ in 2019 (UNGA Advocacy WG,2019). UN guidelines (Section II, General Principles and Perspectives) clearly mentions that” where the child's own family is unable, even with appropriate support, to provide adequate care for the child, or abandons or relinquishes the child, the State is responsible for protecting the rights of the child and ensuring appropriate alternative care, with or through competent local authorities and duly authorized civil society organizations. It is the role of the State, through its competent authorities, to ensure the supervision of the safety, well-being and development of any child placed in alternative care and the regular review of the appropriateness of the care arrangement provided”.

Three principles that guide decisions in Alternative Care* The basic principles that guide decision making in alternative care reflect the rights of children that are spelt out in international legal instruments. There are three basic principles that apply.

- Family based solutions are generally preferable to institutional placements •

Families are the best place for a child to grow and develop: The CRC emphasises the fundamental importance of family to a child’s wellbeing. Priority should be given to a child’s parents, in line with parental responsibility established in the CRC.

•

Institutional care is a measure of the last resort: Institutionalisation carries a high risk of abuse, exploitation, violence and neglect, and extensive evidence links institutional care to negative effects on a child’s development. The CRC asserts that institutional placements is to be second – only if necessary – to family-based solutions such as foster care and adoption.

- Permanent solutions are generally preferable to temporary ones: •

Permanency promotes development: Permanent care arrangements support a child to develop attachments and relationships with adults and with the community. Attachment is important to help a child feel secure and to promote a child’s development. Permanent solutions also help maintain a child’s right to identity.

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Institutional care should never be considered a permanent solution: A “permanent” care arrangement can mean many things, including reintegration into a child’s family of origin, adoption, or even long term fostering. Almost any care alternative can be conceived as a permanent or long term arrangement. In general, institutional care fails to realize a child’s right to family or to provide the attachments and individual attention necessary to support a child’s development.

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National (domestic) solutions are generally preferable to those involving another country: • Children have a right to identity: Keeping a child in his or her country of origin, where possible, helps to maintain a child’s heritage and identity. Inter-country alternatives, on the other hand, mean that the child is more likely to grow up in unfamiliar surroundings, where he or she may be more isolated and exposed to risk. Inter-country alternative care placements are most often discussed in the context of adoption, where several international legal instruments emphasize that domestic alternatives must be exhausted before looking to an international solution.

Alternative care takes several forms, and includes formal and informal care as well as temporary and permanent care. Alternative care comprises the alternative supports in different forms that may help in the strengthening the family situation and thus prevent separation of the child from the family. Which form of support or care is most appropriate will vary from case to case and is determined in accordance with the best interest of the child.

See below for a brief description on each type of care in the continuum.

Informal alternative care is described as, any private arrangement provided in a family environment, whereby the child is looked after on an ongoing or indefinite basis by relatives or friends (informal kinship care) or by others in their individual capacity, at the initiative of the child, his/her parents, or another person, without this arrangement having been ordered by an administrative or judicial authority or a duly accredited body. Example, Community based care with sponsorship, Kinship care. Although informal alternative care is practiced without the intervention of the state, the UNCRC Guidelines for the Alternative Care of Children emphasise state’s responsibilities to protect children in this form of care saying that “states should seek to devise appropriate means… to ensure [children’s] welfare and protection while in such informal care arrangements”.

Formal alternative care is described as, all care provided in a family environment which has been ordered by a competent administrative body5 or judicial authority, and all care provided in a residential environment, including in private facilities, whether or not as a result of administrative or judicial measures. Example, Adoption, foster care, institutional care and after care. The UNCRC Guidelines for the Alternative Care of Children acknowledge that effective formal alternative care services require a range of options, to ensure that children are provided with “suitable” alternative care to meet their individual needs, including alternative care in both residential and family-based settings to complement each other, but promoting the use of family-based settings and small-group care, particularly for young children and those under the age of three.

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The competent authority is a department in a government ministry such as, Ministry of Social Welfare, Ministry of Women and Child Development, Ministry of Social Justice

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While some forms of alternative care in India are currently regarded as well established, such as institutional care, adoption, and informal kinship care, other forms of community based alternative care need to be strengthened by government and non-government organisations to create a continuum of services that are capable of meeting the needs of the most vulnerable children and families.6

FAMILY BASED CARE MECHANISMS AS ALTERNATIVE CARE Researches show that keeping alternative care interventions in family like settings within children’s own communities (in cases children cannot be kept within the families) allows children to maintain ties with natural support networks such as, relatives, friends and neighbours, and minimizes disruption to their education, cultural and social life. Keeping children within the community, ideally as close as possible to their families or relatives will help children to stay in touch with their families, and facilitates potential reintegration.7 Examples from around the world demonstrate that there are many ways children without adequate family care can be supported within their own communities. This includes both formal and informal arrangements such as, foster care, kinship care, domestic adoption, guardianship, supervised independent living, child-headed households and small group homes. These communities based alternative care mechanisms. can be supported through a range of formal measures including social protection schemes (e.g., child sensitive cash transfers), family strengthening services, community-based rehabilitation services for children with disabilities, respite care, training for caregivers, and policies that support families in alternative care-taking roles. Increasing access to free education and health services, and establishing social assistance programmes to reduce poverty, can also help the poorest caregivers to support children within the community.

In India, the concept of promoting family-based care mechanisms through government systems has not been fully realised, owing to lack of synergy between resource allocation and existing government programmes, policies and plans of action for child protection. The National Plan of Action for Children (Ministry of Woman and Child Development, 2016) acknowledges the importance of strengthening communities and families to support children and to ensure their overall survival, well-being, protection and development. In spite of multiple policies, plan of action for children supported by legal provisions to safeguard the best interest of children in India, the fundamental programming to uphold the basic rights of children, especially those in vulnerable circumstances, is yet to be implemented at the community level (UNICEF, 2016). Although it is usually accepted that preventive response mechanisms are crucial for reducing the vulnerability of children who are outside the family 6

Terre des hommes Foundation, FAQs on Alternative Care for- Children in India: An overview of concept & processes 7 https://bettercarenetwork.org/library/the-continuum-of-care/community-based-care-mechanisms

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safety net, there is a lack of clarity on the most effective preventive response strategy for early identification of the immediate need of the child (Boothby et al., 2012). A paradigm shifts from institutionalization to strengthening preventive system for child protection would mean optimum and effective reallocation of resources towards building community-based preventive systems, incubating the component of family-based alternative care mechanisms.

RESEARCH METHODOLOGY Scope and Rational of the Research Rainbow Homes Program has been exclusively working on the issues of Street Children through implementing a comprehensive residential care program for the street children.

Over the past 18 years, it has been successfully extended direct care to more than 5000 number of children with the partnership of Government, local civil society organizations, corporates and likeminded individuals and groups. One of the key objectives of Rainbow Homes program is to slowly reintegrate children with the families after a thorough assessment of each family’s economic and social condition to assess whether families are ready to take care of the children with some additional supports from Rainbow.

Juvenile Justice Act 2000 and its subsequent Amendments in 2006, 2015 and the State Model rules framed under the act at different point of times reiterated the concepts of Sponsorship and Foster Care assistance as the most cost effective and efficient in preventing child destitution through holistic child protection. Model rules and amended Juvenile Justice (Care and Protection of Children) Act, 2015 shifted its focus of interventions from an over reliance on institutionalization of children and move towards more family and community–based alternatives for care mentioning that Institutionalization should be used as ‘a measure of last resort after all other options have been explored’.

The National Commission for Protection of Child Rights (NCPCR), in its Directives to 8 Southern State recommended that children under the care of CCIs, who have families are to be reintegrated with their parents whereas children without parents are to be sent to the Foster Care Institutions or Sponsorships. The statutory bodies like DCPU and CWC pressurized Rainbow Homes program to rationalize to reduce the number of children in the residential homes, as per the JJ norms. However, after the guidance issued by NCPCR recommending children’s restoration with families and bringing CCI children into sponsorship in cases families are not capable of taking care of them, the Supreme Court of India suggested to go for caseto-case basis by ensuring proper assessment of each child’s family before restoration.

Keeping in the mind the government’s directives and rights of children to be in families, Rainbow Homes Program initiated expanding its frontiers beyond institutional care, biological 14

family reintegration. However, during family reintegration of children, Rainbow Homes Program found that the parents despite having improved emotional bonding with children, shelter security & preparedness to receive the child, few families still need financial supports whereas few children still need long term care from Rainbow Homes. Hence, Rainbow Homes Program started initiating alternative care models such as. I) Sponsorship support and ii) Foster Care support for the children under its care who needs family supports as well as long terms supports. While RHP initiates the above-mentioned alternative care models for children under its care, it was felt important to have deeper understanding of different aspects of Alternative Care Program undertaken globally.

The concept of foster care is relatively new to a majority of the social organisations, government departments and the general public in India. Therefore, this study is an attempt to present an impression of foster care in its manifold appearance in the Indian context. The significance of the study lies in the fact that, it provides information on legal instruments endorsing foster care, the national guidelines and existing foster care practices in India and globally. The report can serve as an important reference for social organisations working for child welfare, future social researchers and the general public who want to study in depth or simply want to better understand foster care, its importance and uses to children deprived of parental care and protection.

Objectives The research attempts find out the concepts of foster care model as an alternative care model for children, its processes and mechanisms to implement as well we study different models of foster care for children practiced by social organisations in India. Specifically, it attempts to the following: -

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To understand the concept of Foster Care, its background and regulatory framework pertaining to foster care practice in India.

To document National and International Legal and Policy Instruments such as existing Acts, Rules, policies and Guidelines in India, JJ Act and rules speaking about foster care administrations; formats in Model Guidelines for Foster Care To examine and document the process and procedures practiced by social organizations in India, related to the target group (children), selection criteria of foster families, process and procedures followed, legalization, networking, follow up, exit strategy and government contribution in the implementation etc.

To highlight the best practices and identify gaps in providing quality family placement services – foster care – for children, as faced by the sample organizations.

To understand different methods and models so far developed in the effective implementation of foster care in the global context.

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To recommend measures for interventions that will bring about qualitative improvement and effectiveness of the implementation of Foster Care.

Research Questions The design of this research is exploratory and qualitative in nature to develop holistic understanding of the contemporary foster care models and contribute to the internal policy formulation in future regarding alternative care. Through literature review and interviews with some of the key informants from different NGO representatives in different cities practicing Foster Care, this study entailed to find out answers to some of the questions including but not limited to the following, 1) What are the existing national and international legal instruments and guidelines endorsing Foster care a family-based alternative care?

2) What are the existing types of foster care models in global context and Indian context?

1) What are criteria followed by sample NGOs for family/fit person selections, preparing children and families, training of carer, matching the children etc.?

3) What are the concepts, processes and mechanisms followed largely by most of the organization to place children into foster?

4) What are the follow up and monitoring to assess child’s well-being in the new environment of her/his foster family?

5) What are the rights and responsibilities of foster families and organizations during the foster care placements?

6) What are the existing networking and lobbying efforts like-minded NGOs, CWCs, and other stakeholders in order to promote and strengthen the non-institutional approach for child care-Foster Care?

7) What are the promising practices and challenges faced by the social organizations practicing Foster Care in India?

Tools and Methods of Data Collection The present study has been carried out to understand the processes and components of Family Based Alternative care models, particularly Foster Care. The tools include, i) desk research to understand processes of these programs by different organizations outside India; ii) Individual Interactions with NGO representatives in different cities practicing different types of foster care / family based alternative care for children to understand their processes and challenges and iii) Interaction with few government officials of State Child Protection Societies (SCPS) under ICPS, to understand State’s efforts and Plans in selection of children and foster families/’Fit Persons’ as envisaged in the JJ act and ICPS. 16

Literature review Researchers have spent a lot of time in finding out the published and unpublished books, journals or relevant materials on foster care practices in the Indian context. A good number of days spent on researching the existing literature that are already available on foster care in the global context and how effective the foster care models. The conceptual literature review helped to build background and rationale of the study. This includes explanation of various concepts involved in the study based on the theories and information published in some form, either reports or articles. It also provides information based on existing studies in global context on how effective foster care models can be as the alternative care model and what crucial role it plays for social, emotional and physical development of the children etc.

Due to absence of any documentation or list of organizations in India practicing Foster Care Model, the first step was to identify the organizations. The researchers initiated the search with Google search engine to identify the name of few organisations practising foster care in India. The website Better Care Network’ was also helpful in getting names of the organisations offering child care services under alternative forms of care.

Individual Interviews (IDIs) of Key Informants The data collection process included administration of in-depth semi-structured interviews and open-ended interviews with the key informants such as the head of the organizations and other staff responsible for direct implementations. There have been interviews with selected NGO representatives to collect information on different foster care models practiced by them.

In this regard, research team emailed few identified organizations asking time for interaction with relevant staff of the organizations who could provide information on foster care model they implement. However, pertaining to the pandemic situation prevailed at the time of study, all the Interviews with sample organizations were administered in online mode through Zoom calls. The representatives of the organisations had been briefed through telephone conversation, about the purpose of the study before engaging them in ZOOM interaction. The interviews varied in length; the shortest was 60 minutes and the longest 90 minutes. These interviews were audio taped and later transcribed verbatim, which formed the database for this study.

A mixed of semi-structured and open-ended questionnaire was used to conduct these interviews to keep the discussion focused about their own practice models as well as to elicit a candid response from these professionals regarding their opinion on different aspects of implementing Foster Care. The important point to note is that the qualitative information received through these IDIs with practitioners has been taken as being narrated by them and the study did not attempt to consolidate qualitative information narrated by the key informants since the execution strategies differs from model to model. Instead, the 17

interventions/practices are documented to serve as the basis for the future plan of actions at Rainbow Homes Program and impact the government policies and schemes on family-based alternative care which are endorsed by Integrated Child Protection Scheme and Juvenile Justice System.

Research Sampling We believe that comprehensive documentation of practices of alternative care models and understanding good practices and experiences of different organizations implementing Foster Care as an Alternative Care Model for children in India as well as across the globe will be useful in effectively planning for the alternative care models for children under care of Rainbow Homes Programs. Therefore, researchers conducted Individual Interviews with NGO representatives in different cities practicing different types of foster care / family based alternative care for children, to understand the implementation processes and challenges.

The organizations interviewed are: - BOSCO, Bangalore - Sneha Sadan, Mumbai - SOS children’s village, Kolkata - Youth Council for Development Alternatives (YCDA), Orissa - Family Support Centre, Mumbai

ETHICAL CONSIDERATIONS Alike all other research studies undertaken by Rainbow Homes Program, this study also followed the organization’s ethical protocols to maintain confidentiality of the stakeholders involved in the study. Information from the representatives of selected sample organizations studied for this research were collected after clearly explaining the objectives and taking due consent about usage of information provided by them. A part of ethical protocol, it was also explained to the key informants that there was no string attached and that it is perfectly understandable if there are some questions they do not want to answer. While talking to the government officials to know about Foster Care guidelines and schemes on family-based alternative care which are endorsed by Integrated Child Protection Scheme and Juvenile Justice System, consent was taken mentioning the purpose of the study and that Rainbow’s initiative of slowly shifting from institutionalizations to community-based care model.

LIMITATIONS Inability to visit the Foster Care practising organizations : Responses and opinions that came from key informants have been documented as they were narrated. There was little scope at the time of conceiving this study, owing to the pandemic situation. To gain practical 18

insights on different practices and effective methods used in the implementation of foster care in India, by visiting some of the sample organizations and have face to face interactions.

The major limitation of the study was, therefore, lack of opportunity to interact with any of the foster families or foster children which would have given practice.

Lack of documentation of Foster Care practice: Even though foster care services are provided in different parts of India, there is no concrete data available about the foster care organisations that exist here and the various models of foster care that they practice. In India there is legal instrument like JJ Act and scheme supporting JJ act, that mentions about Foster Care as an effective alternative care for children, yet there is no proper guideline on the foster care procedure or implementation from the part of government. Few state governments are formulating their own guidelines, but nothing came on public till date and hence it was difficult to know how states are planning to execute this practice as envisaged in Act and ICPS. Researchers had to rely on secondary resources as well as the information narrated by the selected organization during interviews.

Lack of previously conducted research on Foster Care system in India: This poses significant barriers in preparing checklist and questionnaires to interview the NGO representatives, to understand the core aspects related to the subject like – the target group (children), foster families, process and procedures followed, legalization, networking, and government contribution in the implementation and best practices of organizations.

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02 FosterCare Care as Foster as Alternative Alternative Care Care: An An overview Overview If the birth family is not able to provide the required care and protection that the child needs, then adoption is the best option for legal orphans. In situations where adoption is not possible and when he/she cannot live with his/her biological parents either temporarily or permanently, a child can get family-based care in foster care. Foster family care is a form of rights based approach to child welfare, which provides a planned period of alternative family care for a child, who has been deprived of his or her birth family, either temporarily or permanently.

This chapter focuses on the overall concept of foster care and its need, the push and pull factors behind foster care and general socio-cultural barriers towards fostering children in need.

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TRANSITION FROM INSTITUTIONAL TO FAMILY-BASED CARE Private service providers, NGOs and other civil society organisations are important partners for the public administration and deliver services in childcare, protection and family support in our country. National laws relating to social services, child protection authorise the competent authorities to interfere with the private life of families when the life, health and safety of a child is at risk. There are relevant procedural and administrative laws that regulate the procedures and safeguards that needs to be in place for such interference and provide further measures for prevention, support and periodic review as well as rights to legal remedy.

As discussed in Chapter 1, when the birth parents cannot provide for the care of the child, for whatever reasons, and when the support offered by the state does not succeed to enable adequate care in the home, the child has the right to substitute family care (UNCRC Article 20). Children with physical or intellectual disabilities have a right to live in conditions, which ensure dignity, promote self-reliance and facilitate the child’s active participation in the community (UNCRC Article 23). Hence, in cases where the child’s health, development, safety and wellbeing is at risk despite the support services provided to the family, the state has a duty and an obligation to decide about placing the child in alternative care. After proper assessment of whether removal from families are for best interest of the child, with parents and children’s consents and the competent child protection authority such as CWC’s care order, the child can be placed to institutional care. This way, institutional care, for a long time considered an appropriate placement for children deprived of parental care. JJ Act 2000 developed the “minimum standards of care for juveniles/children lodged in institutions” that guarantee a more comprehensive package of safeguards for children, promote the child’s right to protection, prevention, empowerment and development, and include safeguards such as easily accessible and independent complaints and reporting mechanisms, quality monitoring and supervision.

However, stressing on the fact that ‘institutionalization should be used as a measure of last resort’, large institutions for children have gradually been replaced with family-like care facilities or small scale family homes. These are often operated as institutions but offer familylike care close to communities and are therefore considered to provide for a better quality of care than large institutions. One of the important form of family based alternative care is Foster Care where children are placed in domestic environment of a family selected, qualified, approved and supervised for providing such care. Several countries incorporated the priority of family-based care into their national legislations. For example8, Denmark mandates by law that a foster family must be considered the first option for alternative care placements and in case placement in a foster family is considered not to be in the best interests of the child, 8

Family Support and Alternative Care, The Baltic Sea States Regional Report 2015

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other options can be considered such as placement in an institution. In Iceland, the priority of placement is in family settings, transposing The Convention on the Rights of the Child in its entirety into its national legislation. In Finland, the Child Welfare Act provides that children deprived of parental care are to be placed primarily in small and family-like units, including foster care or professional family homes. In Poland, the act family support and foster care system provides for the primacy of family-based forms of foster care, and puts a legal obligation on state authorities to commit to deinstitutionalisation and provides for a concerted set of measures and activities to promote the progressive transition from institutional to family-based care.

WHAT IS FOSTER CARE? Foster care refers to situations where children are placed by a competent authority for the purpose of alternative care in the domestic environment of a family selected, qualified, approved and supervised for providing such care.9 Foster Care arrangement is for a specific time until the child can be reintegrated and reunified with their biological family. Hence, placement in foster care is not permanent in nature. Foster carers generally receive assistance to meet the child’s needs which may include training, guidance and financial assistance from the government. Foster care can be advantageous and may play an important role in a situation where a child’s own family demonstrated a temporary inability to care for the child.

Unlike adoption, a child in foster care remains the legal responsibility of the State and the biological parents. If it is determined that the child could return to the birth family contingent upon changes made in the family, the child may live with a foster family while the family receives supports. Foster care arrangements may end in the reunification of a child with his/her family, or adoption with the foster caring family or another family. It is important to remember that the best interest of the child always takes priority above the wishes of potential carers.10

Status of Foster care in India Unfortunately, not much study has been undertaken in this nor are there noteworthy research papers presented to capture the foster care practices in India. The information available on alternatives to institutionalisation is limited and the majority of child care institutions consider institutionalisation of children as the best options and they have not considered the option of family-based care alternative like foster care, community-based alternatives.11

9

Alternative Care Community Practices for Children in Cambodia, UNICEF Frequently Asked Questions on Alternative Care for children in India-An overview of concepts and processes 11 Foster care research 10

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In India, the history of foster care can be traced back to 1960, when the same was first initiated by the Central Government. The first non-institutional scheme was introduced in Maharashtra in 1972. The scheme was later revised in 2005 as the ‘Bal Sangopal Scheme – Non-Institutional Services'. In the late 1990's Karnataka implemented a foster care scheme committed to destitute children. Moreover, the emergency schemes were operational in Gujarat, after the 2001 earthquake where around 350 children were rehabilitated with their relatives and neighbours in the community. The Juvenile Justice (Care and Protection of Children) Act, 2015 and Integrated Child Protection Scheme, 2009 (ICPS) presently incorporate the provisions for foster care. Principle 3.6 of the ICPS conspicuously strengthens de-institutionalization and emphasizes family-based care for children deprived of parental care. Supreme Court in Bachpan Bachao Andolan v. Union of India referring to the ICPS pointed the limitation of institutional care in India and suggested the need for schemes that promote foster care.12 In India, foster care is under-utilized as adoption is the method majorly relied on to protect the rights of the child to family care which is certainly not adequate and not in conformity with international conventions. Few states are still coming up with proper state specific guidelines which is based on WCD’s FOSTER CARE GUIDELINES, but the states guideline differs based on availability of families matching to eligibility criteria. In few States, NGOs are actively pursuing the alternative care model for community children through individual and group foster care, where foster carers are recruited, selected, trained, paid and supported by these NGOs. Even though most placements into foster families involve NGO social workers, identification of suitable families and placement often happens on an ad-hoc basis, and with very limited government involvement. Studies say that foster children are rarely registered with the government, and whether they are, depends largely on the initiative of the foster families or NGOs involved in the placement.

Non - relative Foster Care and Kinship Care The two commonly practice family based alternative care are the relatives care and nonrelatives foster care. A number of grandparents and other relatives care for children whose own parents are unable to care for them. Sometimes, the arrangement (referred to as “kinship care”) is an informal, private arrangement between the parents and relative caregivers. Kinship care is implemented around the world but called different names. In the United Kingdom it is referred to as family and friends care and kith and kin care in Australia.

There are different types of kinship care, including formal, informal, and private placements.

In formal kinship care, child welfare agency has custody of the child but there is a legal arrangement between the agency and the relatives. Informal kinship care is when a child welfare agency decides the placement of a child but does not have custody. In private kinship 12

Foster care in India-An alternative family based care, Legal Service India E-journal

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care, the birth parents and family members decide the living arrangement without the involvement of a child welfare agency (Cochrane-Winokur 2014).

The differences between relative and non-relative foster care are too significant to ignore.

While relative foster care has the obvious benefit of keeping the child in a familiar environment, relative caregivers may be unprepared to manage the challenges faced by children, particularly if children have special needs as a result of trauma. According to Berrick and Shlonsky (2001), because relative foster care providers are not always obligated to meet licensing requirements, kin may not share non-related caregivers’ professional training in parenting skills and protective services requirements and nor may they meet health and safety standards. Cuddeback and Orme (2002) found that kinship caregivers have less experience fostering and reported worse health than non-kinship caregivers. However, despite these limitations, kinship caregivers are one of the most important resources of the child welfare system in caring for children.13 In case a relative is not available or willing to take care of the child, or in cases where children are orphan and without any relatives, carefully selected non-related foster families that share similar cultural, tribal and /or community connection can be the option as an alternative care for children. Non-relative foster care is termed as when the child is in the company of people entirely outside of his or her family. These families are traditionally selected by social workers to foster children who were removed from their parents. Studies show that children living in individual foster homes and group foster home has a great advantage of living normal in a community setting.

John Williamson and Aaron Greenberg (2010) opined, “Provided that foster placements are well-planned and monitored, this can be a very appropriate form of care because it provides the cultural and developmental advantages to children of living in a family environment pending family reunification or long-term placement”. According to Van Ijzendoom, H. Marinus, Maartje Luijk and Femmie, “Placing a child within a substitute family avoids many of the risks of harmful institutionalisation, and it potentially offers individual care and love from a parent figure, opportunities to experience family life, and the chance to be involved with normal activities within the community and wider society. These all make it more likely that the child will enter adulthood better equipped to cope practically and emotionally with independent life”.14 Kinship care verses non-relative Foster Care: Benefits and Risks

13

Picinich, Victoria, "Relative Versus Non-Relative Foster Care:" (2007). Social Work Theses. 6 van Ijzendoorn, Marinus H.; Luijk, Maartje P. C. M.; and Juffer, Femmie (2008) "IQ of Children Growing Up in Children’s Homes: A Meta-Analysis on IQ Delays in Orphanages," Merrill-Palmer Quarterly: Vol. 54 : Iss. 3 , Article 4.

14

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Foster care is a legal placement for children by child protective service, be it within relatives’/kinship care or non-relative foster care. Kinship care is recognized as providing a host of benefits for children over other forms of alternative care such as orphanages.

Primarily, it enables children to remain with familiar carers, reducing the need for separation from loved ones, and preserving attachments and a sense of identity. One of the main reasons for the growth of kinship placement option is due to the overflow of abused and neglected children, concern about poor outcomes for children leaving care, and a shortage in foster care homes. There are certain differences in impact on children staying in kinship and formal foster care that argues for preferring kinship care,15 -

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According to Perry (2018), children will be more comfortable and feel safe with the right relative caring for them. Kindship care also helps keep siblings together during the transition. In traditional foster care, sometimes the siblings are not always kept together; but if siblings are placed with relatives and separated, they are more likely to connect with their siblings on a regular basis.

When a child is placed with a relative a lot of time they already have an attachment to that person. With traditional foster care many times children go from one household to another for different reasons. The instability in their living environment creates more trauma.

According to Cochrane-Winokur (2014), children who are not given a secure and loving home environment there may be issues with developing attachment to others and this can have a long term impact on the child’s behavior and ability to form new relationships.

Parental visits to children are more likely to happen easily when the child is in kinship care, but in case of non-relative placements, sometimes the parents may take their anger and frustration out on foster parents. This can lead to problems with both families as and makes it hard to have visitation and work on relational issues.

Children who are place in unlicensed kinship care are more likely to reunite with their parents than children in licensed kinship care.

Kinship caregivers feel closer to these children and are more likely to keep the child in their care despite behavioural problems and other issues Due to frequent change in placement children in foster care experience more school absences and frequent school changes. On the other hand, children tend to improve academically when in the care of relatives which is likely due to them caring more about the child’s overall outcome.

Traditional foster care can have such a negative impact on children. There have been many reports of children being abused physically, mentally, and sexually by their foster parent; show poor performances academically; are less likely to graduate from high school than children in the kinship care.

The informality of kinship care has associated risks due to its lack of documentation and monitoring. Families experiencing deep poverty access to support mechanisms may experience high stress and children under their care may become vulnerable to child labor, abuse or neglect.

https://papersowl.com/examples/foster-care-vs-kinship-care/

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FACTORS BEHIND THE NEED FOR FOSTER CARE Research16 findings suggest that although poverty is given as the main reason for children entering alternative care, there are often other factors which are critical to the decision.

These include violence; abuse; family conflict; abandonment; migration; family death or illness and addictions. Given the stigma surrounding children who come from background of abuse, violence and family conflict, poverty may be a comfortable way to reason children’s placement in foster care. However, there are underlying factors that influence placement of children in different types of alternative care, predominantly parents migration and abandoning children, remarriage and abandoning children, alcoholism or substance abuse among parents, dropout from school or child labour etc.

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EDUCATION DISCONTINUATION: In certain instances, apathy of the parents to continue their children’s education is reason why many think of alternative care for children, in family-based care with Foster Families who can afford foster children’s education cost. Secondly, in certain cases. the cost of education children places burden on parents who are low wage earners and alternative care placement with well-off foster families can ensure education continuation. For certain families in rural areas, physical access to schools can be a challenge and foster care placements in nearby schools can ensure continuation of education of children of these families.

Children in higher classes needing tuition support or extra classes which poor families cannot afford. Foster family placements often provide additional tuition or ‘extra classes’ which children wouldn’t be able to access or afford when living at home.

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POVERTY AND INCOME INADEQUACY: The financial circumstances, that is lack of sufficient income among the parents to feed and take care of children’s basic needs of health care, clothing and shelter can be termed as ‘poverty’ in certain instances. In certain cases, apathy of the parents to continue their children’s education and in turn resulting in poor employment opportunity in future termed as outcomes of poverty for which alternative care placement Foster Care can be coping mechanism. However, as researches point out, a child should never be removed from his or her family due to poverty alone. Poverty is a risk factor for neglect, but poverty does not equate to neglect. The presence of poverty alone does not mean a child is unsafe, unloved, or that a parent lacks the capacity to care for his or her child. Poverty can make it more challenging for parents to meet certain of their children's needs.17

16

Alternative Care Community Practices for Children in Combodia, UNICEF https://cbexpress.acf.hhs.gov/index.cfm?event=website.viewArticles&issueid=212&sectionid=2&articleid=54 74 17

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VULNERABLE FAMILY SITUATION: As described earlier, economic deprivation in in the families contributes to various forms of abuse and neglect, such as families using children as a labour source and children being into vulnerable situations in their workplaces. Also, substance abuse and drug abuse in the families lead to domestic violence, physical abuse etc. These all will lead to placement of children in alternative care arrangements like foster care.

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UNSAFE SHELTERS AND PARENTAL MIGRATION: Children are often placed to alternative care, even with Foster Families due to lack of proper shelter available to the families or increase in migration among families working in informal sector in search of livelihoods. Homeless children are placed into alternative care arrangements or with foster families, but as a response to parental migration, families tend to use kinship care arrangements with care often provided by grandparents. However, it appears that parents migrate for long periods of time, often years, and grandparents grow old, cease to work, and are not able to care for and finance the children, especially in relation to payments for education, which may break down the kinship care.18 Hence, in such situation placing children in well-off foster families.

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BROKEN FAMILIES OR ORPHANCY: In cases where separation among the parents happens and the single parents cannot afford to support the child due to economic condition or cases where both the parents die, children are placed in to any of the alternative care arrangement including Foster Care. Children can also be placed in alternative care in situation when the biological mother or father remarry and the step-parent do not accept the children or children can be maltreated or abused by the step-parents.

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CHILDREN WITH BEHAVIORAL ISSUES: Some study found out that sometimes children are also placed in alternative care arrangement in cases they have behavioural issues. However, these children are generally placed in foster care only when there are state’s or agency’s specialised supports in counselling the children to bring behavioural changes.

SOCIO CULTURAL BARRIERS TO FOSTER CARE In Indian context, family-based care and growing up of children among relatives under the traditional family support system practiced informally since ages. India has had a tradition of joint family system, and the social bonding was strong enough that orphans, children of single parents, children of widows were given shelter, food, love and protection in one unified large family. This is now termed as ‘Kinship care’ under the legal instruments for child protection, 18

Alternative Care Community Practices for Children in Combodia, UNICEF

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though it is not a new concept in country like India. Even SOS children villager- the international organization devised the strategy to provide family like environment to the children in need of care and protection, through establishing children’s villages, each village with 12-15 homes and 8-10 children in every home living together under the care of a house mother or father. However, as the social fabric changed, the joint family system gradually disintegrated into smaller individual households. But still the family based alternative care is the most workable ways to ensure protection to children in need of care, be it informal kinship or formal non-relative foster care placement of children. There are socio-cultural barriers that create resistance to upholding formal alternative care in India.

LARGE NUMBER OF CHILDREN IN NEED OF ALTERNATIVE CARE: With increasing number of children out of own family care and in need of protection, it takes a lot of effort by the organization of state government for planning alternative care arrangements in family environment. It takes huge time to develop a pool of prospective families and prepare them in accepting short term residential care for these children.

APATHY OF THE FAMILIES: It is difficult to place the children with formal non-relative foster care families that has different religious practice than the children. Studies19 show that families often show resistance to accept unrelated children from a different background.

Religion, region, caste, colour, and language of the child often become the reasons for nonacceptance by prospective foster families. Understanding the cultural factors associated with children's experiences in foster care is important because they may contribute to child psychological adjustment to foster placement.

FEAR OF SEPERATION: Indian context of family-based care is largely on building good emotional bond between the foster families and fostered children. Families often resists to accept children for fostering as they fear of developing emotional bonds and attachments with the children and suffer when these children are to be handed over to their biological parents. Sometimes, as evident in studies20, prospective families want to have parental rights over the child they provide care for so they do not want to invest in a child without having parental rights. The families prefer to have a child permanently placed with them.

CHANCES OF ABANDANMENT OF CHILDREN: On the other hands, few families who show interest on fostering a child sometimes get over burdened especially in cases they have their own biological children afterwards. There can be instances of foster children being abandoned by the foster families, due to various reasons, in the absence of strong monitoring and follow up mechanisms of the states.

19

Rajagiri Journal of Social Development Volume 11, Number 1, June 2019; Alternative Care in India, Issues and Prospects 20 ibid

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CORRUPTION AND LACK OF AWARENESS: When foster care placements are for future adoptions, there can be certain corruption or unethical practices by the foster families, unless follow up procedure from the State is stronger. Since the understanding and awareness of foster care and other non-institutional care options for children are fully evolved in India, there are gaps between policy and practice. Families see the foster care placements as the backdoor entry into adoption and hence misuse the concept of foster care, that hampers good care and protection of children.

LACK OF POLICY AND GUIDELINES FOR FOSTER CARE: Even though JJ Act and the subsequent protection scheme ICPS promotes for non-institutional care through Foster Care placement among other arrangements, the guidelines on foster care are very ambiguous in India. Based on central guidelines of foster care, few states are still into developing and hence executions most lie with the social organizations with varies policies made by them based on need of their respective intervention areas.

LACK OF TRAINED FUNCTIONARIES: The government functionaries are neither familiar with the laws and regulations nor are they well trained to deal with the issues of child protection vis-a-vis alternative care. There is still scope for training of the functionaries after guidelines are placed in all states of India and capacity building programmes for the functionaries towards monitoring and follow up of children post placements. According to a newspaper report21, “even today, several CWCs are not aware of the relevant legal provisions. Many avoid the responsibility of selecting foster families, approving childcare plans, and conducting mandatory monthly inspections to help check misuse of the foster system for abuse and exploitation.”

LACK OF RESOURCES TO SUPPORT FOSTER FAMILIES: Foster families that take on the responsibility of supporting a foster child require financial support by foster care agencies or government organisations. The financial support means ensuring monetary resources required for the foster family for the service they do as well as to take care of the foster child’s everyday needs pertaining to education, health, nutritious food, clothing and general wellbeing of the children. However, budgetary allocations to family-based alternative care provisions are meagre and are not sufficient for the requirements of the children in need of care and protection.

21

2021, Vrinda Shukla | Indian Express; “Ties that bind: Why India must expand foster care”

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03 Legal && Policy Policy Legal Instruments Instruments

The Constitution of India guarantees Fundamental Rights to all children in the country and empowers the State to make special provisions for children. The Directive Principles of State Policy specifically guide the State in securing the tender age of children from abuse and ensuring that children are given opportunities and facilities to develop in a healthy manner in conditions of freedom and dignity.

This chapter documents National and International Legal and Policy Instruments such as existing Acts, Rules, policies and Guidelines that governs Foster Care in India.

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INTERNATIONAL LEGAL INSTRUMENTS FOCUSING ON FOSTER CARE The international community has increasingly recognized the need to delineate child-specific rights. In recent years, more thought has been given to the specific vulnerabilities and needs of children outside of the care and protection of their biological families, or who are at risk of being so. Declaring its children as the nation’s “supremely important asset” in the National Policy for Children, 1974, the Government of India reiterated its commitment to secure the rights of its children by ratifying related international conventions and treaties including the Declaration of the Rights of the Child, Universal Declaration of Human Rights and its Covenants, the Convention on the Rights of the Child and its two Optional Protocols, the United Nations Convention on the Rights of Persons with Disabilities, the Hague Convention on Protection of Children and Cooperation in respect of Inter-Country Adoption etc. The international legal instruments endorsing alternative care are described below:

1. UN Declaration on Social and Legal Principles relating to the Protection and Welfare of Children, with Special Reference to Foster Placement and Adoption Nationally and Internationally, 198622 Adopted by General Assembly resolution 41/85 of 3 December 1986, considering at the large number of children who are abandoned or become orphans owing to violence, internal disturbance, armed conflicts, natural disasters, economic crises or social problems; bearing in mind that in all foster placement and adoption procedures the best interests of the child should be the paramount consideration. The first 9 articles of the above Declaration relate to the importance of family care including adoption and foster care, for the welfare of the child, whereas, article 10-12 talks about the foster care placement.

Article 4: When care by the child's own parents is unavailable or inappropriate, care by relatives of the child's parents, by another substitute--foster or adoptive-- family or, if necessary, by an appropriate institution should be considered.

Article 10 & 11: Foster placement of children should be regulated by law. Foster family care, though temporary in nature, may continue, if necessary, until adulthood but should not preclude either prior return to the child's own parents or adoption.

Article 12: In all matters of foster family care, the prospective foster parents and, as appropriate, the child and his or her own parents should be properly involved. A competent authority or agency should be responsible for supervision to ensure the welfare of the child.

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http://www.cidh.oas.org/Ninez/pdf%20files/Declaration%20on%20Social%20and%20Legal%20principles%20 relating%20to%20the%20protection%20and%20Welfare%20of%20Children.pdf

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2. UN Convention on Rights of the Child, 1989 United Nations Convention on the Rights of the Child (UNCRC), which came into force in September, 1990 is the first legally binding international instrument to incorporate the complete range of human rights - civil, cultural, economic, political and social rights for children. The CRC places great emphasis on supporting families to take care of their children.

Prevention of the need for alternative care should take place by, inter alia, tackling child poverty and supporting families with children with disabilities, as well as by improving the caretaking abilities of parents in order to avoid neglect and abuse of the child. Any decision to place a child in alternative care should be subject to strict criteria and procedural safeguards, made by a competent body supported by qualified professionals, and involve the child him- or herself.

Recognizing “that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding” and that “the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth”, it advocates that a child should not be separated from their parents against their will. If the separation is necessary, it should be done in the best interests of the child. The relevant articles endorsing alternative care are as under: 23 Article 5 (parental guidance and a child’s evolving capacities): Government shall respect the responsibilities, rights and duties of parents or, where applicable, the members of the extended family or community as provided for by local custom, legal guardians or other persons legally responsible for the child, to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the present Convention.

Article 18 (parental responsibilities and state assistance): Both parents share responsibility for bringing up their child and should always consider what is best for the child. Governments must support parents by creating support services for children and giving parents the help they need to raise their children.

Article 20 (children unable to live with their family): A child deprived of family environment should be entitled to special protection and assistance measures. If a child cannot be looked after by their immediate family, the government must give them special protection and assistance. This includes making sure the child is provided with alternative care that is continuous and respects the child’s culture, language and religion. Such care could include,

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https://www.unicef.org.uk/rights-respecting-schools/wp-content/uploads/sites/4/2017/01/Summary-of-theUNCRC.pdf

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inter alia, foster placement, kafalah of Islamic law, adoption or if necessary, placement in suitable institutions for the care of children. When considering solutions, due regard shall be paid to the desirability of continuity in a child’s upbringing and to the child’s ethnic, religious, cultural and linguistic background.

Accordingly, States Parties’ must establish a legal and administrative framework with competent bodies and qualified professionals for alternative care systems for such times when it is necessary for the child’s best interest to be placed in an alternative care setting than their family environment. Fundamentals of alternative care systems are clearly outlined in the UN Guidelines for the Alternative Care of Children, which explicitly demand from the States Parties that all alternative care options should be supported with clear legislative and policy framework and adequate financial conditions as enshrined in Articles 3 and 4 of the Convention, as a part of the ‘special care and protection.’

3. UN Guidelines for the Alternative Care of Children (UNGACC), 2009 Guidelines for the Alternative Care of Children was adopted by the United Nations General Assembly on 20 November 2009, in connection with the 20th anniversary of the UN Convention on the Rights of the Child. On family-based care the guidelines say that “while recognizing that residential care facilities and family-based care complement each other in meeting the needs of children, where large residential care facilities (institutions) remain, alternatives should be developed in the context of an overall deinstitutionalization strategy, with precise goals and objectives, which will allow for their progressive elimination” (Paragraph 23).

The guidelines intended to enhance the implementation of the Convention on the Rights of the Child and of relevant provisions of other international instruments regarding the protection and well-being of children who are deprived of parental care or who are at risk of being so. Recourse to alternative care should only be made when necessary, and in forms appropriate to promote the child’s wellbeing, aiming to find a stable and safe long-term response, including, where possible, reuniting the child with his or her family. The guideline seeks in particular, a) To support efforts to keep children in, or return them to, the care of their family or, failing this, to find another appropriate and permanent solution, including adoption and kafala of Islamic law; b) To ensure that, while such permanent solutions are being sought, or in cases where they are not possible or are not in the best interests of the child, the most suitable forms of alternative care are identified and provided, under conditions that promotes the child’s full and harmonious development;

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c) To assist and encourage Governments to better implement their responsibilities and obligations in these respects, bearing in mind the economic, social and cultural conditions prevailing in each State; and d) To guide policies, decisions, and activities of all concerned with social protection and child welfare in both the public and the private sectors, including civil society.

The paragraphs 118 to 122 have clauses pertaining to Foster Care as one of the important forms of formal alternative care arrangement for children.

Foster Care guidelines under UN Guidelines for the Alternative Care of Children, 200924 Para 118: The competent authority or agency should devise a system, and should train concerned staff accordingly, to assess and match the needs of the child with the abilities and resources of potential foster carers and to prepare all concerned for the placement.

Para 119: A pool of accredited foster carers should be identified in each locality who can provide children with care and protection while maintaining ties to family, community and cultural group.

Para 120: Special preparation, support and counselling services for foster carers should be developed and made available to carers at regular intervals, before, during and after the placement.

Para 121: Carers should have, within fostering agencies and other systems involved with children without parental care, the opportunity to make their voice heard and to influence policy.

Para 122: Encouragement should be given to the establishment of associations of foster carers that can provide important mutual support and contribute to practice and policy development.

NATIONAL LEGAL INSTRUMENTS: POLICIES, LAWS, RULES AND SCHEMES Foster care in India is governed by certain legal and policy instruments. The notable milestone in India’s foster care journey include the Juvenile Justice (Care and Protection of Children) Act, 2000 and Integrated Child Protection Scheme (ICPS) which promote family based services for children. On the other hand, Model Guidelines for Foster Care derive strength from section 44 of the Juvenile Justice (Care & Protection of Children) Act 2015, Rule 23 of the JJ Rules, 2016 and the United Nations Convention on the Rights of the Child (1989). Key legal provisions are described below.

24

https://resourcecentre.savethechildren.net/pdf/5416.pdf/

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1) Model Guidelines for Foster Care, 2016 The Model Guidelines for Foster Care, 2016 were notified by the Government of India's Ministry of Women & Child Development on 11 November 2016 do not include pre adoptive foster care as Regulations for Adoption 2016 framed under JJ Act, will apply in such cases. The Foster Care Model Guidelines is the first set of guidelines to solely focus on foster care as a viable alternative care option for Indian children. This comprehensive document contains, inter alia, relevant concepts, words and phrases, principles, responsibilities of foster carers/ parents, procedures for placement of children in foster care, monitoring and review, roles of authorities and agencies, formats for different components of foster care administration like child study report, application form for foster carers/ parents, counselling of children, foster families, biological families and monitoring tools for foster care placement and other activities.

The Foster Care Model Guidelines rightly recognizes that this type of care in India is new and will require additional promotion, awareness, and training at the community-level as well as for all parties involved in foster care arrangements. These guidelines discuss the role of NGOs in this work, both in promoting awareness of this type of care, as well as in an active involvement with facilitating smooth placement transitions.

Fundamental Principles of Foster Care (Model Foster Care Guidelines 2016) a) Family or a family like environment is most conducive for a child and every child has the right to grow in such an environment; b) All decisions, initiatives and approaches falling within the scope of the present Guidelines are to be made on a case-by-case basis, with a view, to ensuring child's safety and security, and must be grounded in the best interests of the child; c) All decisions, initiatives and approaches falling within the scope of the present Guidelines must respect the child's right to be consulted and to have his views duly taken into account in accordance with his evolving capacities; d) Siblings and twins should preferably be placed in one family; e) Recognizing that every child has the right to grow in a family environment, every attempt must be made to reunite the child with his biological family by strengthening the biological family through a planned process.

2) The Juvenile Justice (Care and Protection of Children) Act, 2015 Juvenile Justice Act 2000 and its subsequent Amendments in 2006, 2015 and the State Model rules framed under the act at different point of times reiterated the concepts of Sponsorship 35

and Foster Care assistance as the most cost effective and efficient in preventing child destitution through holistic child protection. This Act was enacted keeping in mind the standards for child protection provided by the UN Convention on the Rights of a Child (UNCRC). The chapters within the Act that deal with the child in need of care and protection stipulate that foster care is required for children deprived of family care. Sections 40 to 45 of Chapter VI of the Act – Rehabilitation and Social Reintegration stands for the family-based rehabilitation of children including Adoption, Foster care, Sponsorship and After care Organisations.

JJ Act, Section 44- Foster Care25 According to Section 44 of the JJ Act, 2015, - Children in need of care and protection may be placed in foster care, including group foster care for their care and protection through orders of the Committee, in a family which does not include the child’s biological or adoptive parents or in an unrelated family recognised as suitable for the purpose by the State Government, for a short or extended period of time.

- The selection of the foster family shall be based on family’s ability, intent, capacity and prior experience of taking care of children.

- All efforts shall be made to keep siblings together in foster families, unless it is in their best interest not to be kept together.

- The State Government, after taking into account the number of children, shall provide monthly funding for such foster care through District Child Protection Unit after following the procedure, as may be prescribed, for inspection to ensure wellbeing of the children.

- In cases where children have been placed in foster care for the reason that their parents have been found to be unfit or incapacitated by the Committee, the child’s parents may visit the child in the foster family at regular intervals, unless the Committee feels that such visits are not in the best interest of the child, for reasons to be recorded therefore; and eventually, the child may return to the parent’s homes once the parents are determined by the Committee to be fit to take care of the child.

- The foster family shall be responsible for providing education, health and nutrition to the child and shall ensure the overall wellbeing of the child in such manner, as may be prescribed.

- The State Government may make rules for the purpose of defining the procedure, criteria and the manner in which foster care services shall be provided for children.

- The inspection of foster families shall be conducted every month by the Committee in the form as may be prescribed to check the well-being of the child and whenever a foster family is found lacking in taking care of the child, the child shall be removed from that foster family and shifted to another foster family as the Committee may deem fit.

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http://cara.nic.in/PDF/JJ%20act%202015.pdf

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No child regarded as adoptable by the Committee shall be given for long-term foster care.

3) The Juvenile Justice (Care and Protection of Children) Model Rules, 2016 26 Rule 23 deals with various aspects foster care like role of DCPU and CWC, preconditions to be confirmed by foster care families, criteria for selecting group foster care setting, duties of foster carers, and other procedural matters. The sub section (1 & 2) in Rule 23 states that “The State Government may place children in need of care and protection in foster care including group foster care through order of the Committee for a short or extended period of time… and that The District Child Protection Unit shall be the nodal authority for implementing the foster care programme in a district”. Subsection 6 & 7 talks about the duration of foster care saying “Foster care may be for short term or long-term depending upon the needs of the child. The duration of short term Foster care shall be for a period of not more than one year (23 (6)) and Long term foster care, shall be for a period exceeding one year. This can be periodically extended by the Committee till the child attains eighteen years of age on the basis of assessment of the compatibility of the child with the foster care parents or in a group foster care setting (23(7)). Criteria for selecting foster family and Group foster care setting by DCPU is mentioned in sub sections 12 and 13. The role/ interventions of the foster family or group foster care setting for children placed under the care such as, food, clothing and shelter and education, treatment and care, protection, recreation, vocational training, extracurricular activities etc are mentioned are the sub section 19.

4) National Policy for Children, 2013 The National Policy for Children adopted in 2013 recognises that all children have the right to grow in a family environment, in an atmosphere of happiness, love and understanding. The family or family environment is most conducive for the all-round development of children and they should not to be separated from their parents, except where such separation is necessary in their best interest.

To affirm the Government’s commitment to the rights based approach in addressing the continuing and emerging challenges in the situation of children, the Government of India adopted resolution on the National Policy for Children, 2013, that recognizes every person below the age of eighteen years as a child and covers all children within the territory and jurisdiction of the country. The policy recognizing the necessary multi-sectoral and multidimensional approach to secure rights of the children, delineates the need for governmentcivil society partnership and the unique role of NGOs to work in a synergy to provide optimum services and responses to children.

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http://cara.nic.in/PDF/english%20model%20rule.pdf

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5) Integrated Child Protection Scheme. 2009 ICPS strongly advocates family-based care of children. It deals, inter alia, with procedures for sanction and release of funds under foster care programme, Sponsorship and Foster Care Fund, and Sponsorship and Foster Care Approval Committee.

Guiding Principles and Approach endorsing Foster Care a) Loving and caring family, the best place for the child: Children are best cared for in their own families and have a right to family care and parenting by both parents. b) Institutionalization of children, the last resort: There is a need to shift the focus of interventions from an over reliance on institutionalisation of children and move towards more family and community–based alternative forms of care. c) Institutionalization should be used as a measure of last resort after all other options have been explored. d) ICPS approach towards promotion of Family-based Care: The scheme would pursue a conscious shift to family-based care including sponsorship, kinship care, foster care and adoption. Periodic review of children in institutional care for restoration to families would also be undertaken. e) ICPS supports the creation of a Sponsorship and Foster Care Fund that are placed at the disposal of the DCPU. An amount of Rs.10 Lakhs per district per annum are provided under the scheme. The State Governments are encouraged to give additional grants to the State Child Protection Society (SCPS) under Sponsorship and Foster Care Fund and may initiate steps to proactively identify children needing protection with support of organisations working in this sector. As per the scheme component, to review and sanction sponsorship (for preventive settings only) and foster care fund, every district has Sponsorship and Foster Care Approval Committee (SFCAC) consisting of the DCPO, the Protection Officer (Non institutional care), one of the CWC member or the Chairperson, one representative of State Adoption Agency and one representative from Voluntary Organization working in child protection sector.

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05

04 TheThe KeyKey Aspects of Model Aspects of Guidelines 2016 Model Guidelines 2016 Foster care system may be a short term arrangement during which adults provide for the care of a toddler or children whose birth parent is not able to care for them. The goal for a child in the foster care system is typically reunification with the birth family, but could also be changed to adoption which is often seen as in the child's best interest.

This chapter provides an overview of the alternative/non-institutional based care such as, Foster Care in family environment, as envisaged in Juvenile Justice Act 2015 and Integrated Child Protection Scheme, the centrally sponsored umbrella scheme implemented by Government of India that aimed at building a protective environment for children in difficult circumstances.

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In India, the background of foster care can be traced back to 1960, when the same was first initiated by the Central Government. As mentioned in this report, the first non-institutional scheme was initiated in Maharashtra in 1972. The scheme was overdue amended in 2005 as the “Bal Sangopan Scheme, Non-Institutional Services”.

As mentioned in previous chapter, Foster care in India is governed by few legal and policy instruments and the most important is the Model Guidelines for Foster Care – 2016, brought by the Union Ministry of Women and Child Development, for children in the age group of 618 years, whose parents are unable to take care of them due to reasons such as mental illness, poverty or imprisonment and those staying in child care institutions will be placed in foster care. This absolute document contains, inter alia, relevant concepts, words and phrases, principles, responsibilities of foster carers/ parents, procedures for placement of children in foster care, monitoring and review, roles of authorities and agencies, formats for various components of foster care administration like child study report, application form for foster carers/ parents, counselling of children, foster families, biological families and observing tools for foster care placement and other activities.

India’s foster care system has two variants namely individual foster care and group foster care, as describes in the Model Guidelines. The first variant is the Family Foster Care where the placement of the child is in a family which does not include the child’s biological or adoptive parents i.e., in an unrelated family recognised as suitable for a short or extended period of time. The other one is the Group Foster Care, defined as a family like care in a fit facility for children in need of care and protection who are without parental care. Group Foster care is practiced as a family setting where a group of unrelated children are placed under the care of foster care givers in a fit facility. The aim is to provide personalised care and a sense of belonging, identity and emotional security.

According to JJ Rules 2016, the number of children in a group foster care unit should not exceed eight children, including biological children of the foster caregiver.27

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Foster Care statistics in India -

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As of 2018, approximately 437,283 children were in foster care.

Nearly one-third of those children (32 percent) were in relative homes, and nearly half (46 percent) were in non-relative foster family homes.

About half (56 percent) had a case goal of reuniting with their parents or primary caretakers.

About half (49 percent) of the children who left foster care in FY 2018 were discharged to be reunited with their parents or primary caretakers.

Near to half of the children (43 percent) who left foster care in FY 2018 were in care for less than 1 year.

Source: https://www.ijalr.in/2020/10/concept-offoster-care-in-india.html

Model Guidelines for Foster Care, 2016

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The following sections of this chapter provides the key aspects of the Model Guidelines for Foster Care, 2016.

CATEGORISATION OF CHILDREN ELIGIBLE FOR FOSTER CARE The Model Guidelines for Foster Care, 2016 (MGFC 2016) have categorized children in need of care and protection who are eligible for foster care. According to the guideline, children in the age group of 0 to 6 years who are being considered by the Committee as legally free for adoption and those who have been declared legally free for adoption shall not as far as possible be considered for placement in foster care. Such children shall be provided a permanent family through adoption as per Adoption Regulations. Hence, the categorization of children includes the following:

Children who are not being adopted after being declared legally free for adoption

by CWC: Children of these categories are considered for Foster Care in following circumstances such as, - Children between the age of 6 to 8 years who do not get any adoptive family within a period of two years after they are declared legally free for adoption by CWC. - Children in the age group of 8 to 18 years who are not adopted within one year after they are declared legally free for adoption by CWC. - Children with special needs, irrespective of the age who do not get any adoptive family within a period of one year after they are declared legally free for adoption by CWC. In all the above cases, children are placed in family foster care or group foster care by CWC on the recommendation of DCPU or Specialised Adoption Agencies. In case of children with special needs, capacities of foster family or fit facility (for group foster care) to manage such children are also judged by the CWC before placing children under foster care.

Children not declared legally free for adoption by CWC: When child has remained with a foster family for a minimum of five years other than in preadoption foster care, the foster family may apply for adoption of the child. Such foster family may apply for adoption of the child by registering on a separate page created on Child Adoption Resource Information and Guidance System (CARINGS) under the Adoption Regulations, 2016.

Children who may be deinstitutionalized and placed in Group Foster care: Children who are considered for Group Foster Care are as follows: - Children in the age group of 6-18 years staying in CCIs and not being declared legally free 41

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Children whose parents are terminally ill, and the parents have requested to CWC or DCPU for taking care of their children.

Children identified by DCPU such as those, o whose parents are mentally ill and are unable to take care of the child; o whose one or both parents are in jail; o who are victims of physical, emotional or sexual abuse, natural /manmade disasters, agrarian distress and domestic violence et

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SELECTION CRITERIA (FOSTER FAMILIES/ FIT FACILITIES) Selection of the foster family may be based on family’s ability, intent, capacity and prior experience of taking care of children. In selection of both foster families and fit facilities, DCPU is responsible in the selection process and the criteria for selections are mentioned separately in the Model Guidelines.

• • • • • • • • • •

Criteria for selecting Foster Families Both the spouses must be Indian citizens; Both the spouses must be willing to foster the same child; Both the spouses must be above the age of 35 years and must be in good physical, emotional and mental health; Sufficient income of foster family to be able to meet the needs of the child Medically fit foster family and not having Hepatitis B, any other communicable disease, cancer etc Adequate space and basic facilities Willing to follow rules like regular visits; to doctors, maintenance of child health and their records Families willing to attend foster care orientation programs No record of criminal conviction or indictment Supportive community ties with friends and neighbours

• • • • • • • • • •

•

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Criteria for selecting fit facility Registration of the organisation under JJ act and recognition as fit facility by CWC for placement of children Registration of the NGO on NITI Ayog website Having Child Protection Policy Medically fit care givers and not having Hepatitis B, any other communicable disease, cancer etc No criminal conviction or indictment of care givers Sufficient space and proper amenities for children to ensure privacy of children in GFC Availability of in-house kitchen and separate toilets and bathroom (1 toilet for 4 children) Look and feel of a house providing a family environment, not institutional setting Fit facility located within an existing neighbourhood to encourage local interaction Recruitment of care givers according to qualifications prescribed by state government Care givers must have empathy towards children

• •

Pre-service training for each foster care giver of the fit facility Having retirement policy for the care givers in fit facility

RIGHTS OF A CHILD UNDER FOSTER CARE

• CWC along with state and district functionaries ensuring that the foster child’s best interest is upheld and his views are taken into consideration as far as possible in his placement

• Ensuring individual care plan for each child developed.

• Providing the child access to information on the situation of his biological family.

• Providing the child information/ access regarding government schemes and programs for his/her development.

RIGHTS & RESPONSIBILITIES OF FOSTER FAMILY TOWARDS CHILD The rights of the foster family are: -

Right to be heard and respected; Right of non-discrimination on the basis of their social origin; Right to undergo trainings and counselling.

The responsibilities of the foster family to the child placed under their care are:

• Providing adequate food, shelter, education, care, support and treatment for child’s overall physical, emotional and mental health.

• Ensuring that child receives vocational training according to age, developmental needs and interests.

• Support higher education requirements.

• Ensuring the foster child’s protection from exploitation, maltreatment, harm, neglect and abuse.

• Respecting privacy of the child and his biological family or guardian and ensuring not to disclose information to anyone

• Providing treatment to the child in emergency situations, keeping the CWC and biological families informed.

• Sharing and discussing the progress of the child periodically with CWC and biological family, and produce the child before the CWC as and when directed by CWC.

• Supporting contact between the child and DCPU staff during home visits.

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• Supporting contact between the child and his biological family in consultation with the CWC.

RIGHTS & RESPONSIBILITIES OF CARE GIVERS OF GROUP FOSTER CARE The rights of the care givers of the fit facility are: o o o o

Right to be heard and respected; Right of non-discrimination on the basis of their social origin; Right to undergo trainings and counselling; Right to resign as per the terms and conditions of appointment and entitled to pay PF/retirement allowances.

The responsibilities of the care givers of the fit facility to the children placed under Group Foster care are: • • • • • • • •

Providing food, boarding, lodging, education and maintaining the standards of care in the fit facility.

Sharing and discussion with CWC and biological family periodically, the information pertaining to the progress of the child in adjusting to the home and school.

Supporting contact between the child and DCPU staff during home visits.

Maintaining contact between the child and his biological family in consultation with CWC. Seeking approval of the Committee through DCPU in advance for serious medical matters such as operatic procedures and the use of anaesthesia.

Ensuring that child’s whereabouts are known all the times including reporting any changes in holiday plans and any episode of running away of the child to CWC. Reporting to DCPU in case of any critical incidents such as injuries, abuse, and criminal or self-harming behaviour by the child.

Supporting initiatives to provide life skills, vocational and higher education to the child.

PLACEMENT PROCEDURE IN FOSTER CARE DCPU is the nodal authority for implementing the foster care programme in a district. All decisions related to placement of a child in foster care are to be taken by the CWC in recommendation of DCPU. The Model Guidelines talks about preparatory works, identification of foster families/ fit facilities for Group Foster Care, matching procedure and final placement procedure. The guidelines mention, i) placement of the child with the foster family; ii) placement of the child in group foster care in a fit facility iii) procedure related to placement of children living in Community.

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Preparation of Individual Care Plan: Individual Care Plan to be filled by the case worker/social worker/probation officer for each child, periodically reviewed and adjusted according to the needs and best interests of the child. (Form 7 of the JJ Rules, 2016).

Preparation of Child Study Report: A detailed case study to be prepared for every child identified for placing in foster care (Form 13 of the JJ Rules, 2016).

Recommendation of child for foster care: Recommendation for foster care is made by child welfare officer/ social worker of CCI keeping in view the ICP and CSR. A list of identified children is forwarded to the DCPU by the CCI person-in-charge.

Identification and matching of child for foster families and ‘fit facilities’ for Group Foster Care: The identification procedures and matching of children in individual foster families as well as ‘fit facilities’ for group foster care are given separately in the Model Guidelines.

Foster families Identification of foster families

Fit Facility for Group Foster Care Identification of ‘Fit Facility’ for GFC

DCPU place advertisement in local newspapers periodically calling for applications for family foster care. DCPU also verify credentials from two preferences from the community that are provided by every prospective foster family.

The assessment process involved checking the family’s economic status to ensure that they are able to meet the needs of the child and are not dependent on the foster care maintenance payment for the child.

DCPU maintain a roster/panel of prospective foster families giving details about the kind of foster care willing to provide every year.

DCPU initiate the matching process for foster parent and foster child and prepare report for the same.

DCPU identify ‘fit facility’ willing to take children in group foster care by placing advertisement in local newspapers calling for applications; interview office bearers of the organisation, make assessment of the facilities and care givers, verify credentials from two references from the community that are provided by every fit facility.

Matching of Child with care givers of the fit facility

DCPU recommends the placement of the child in group foster care in a fit facility, based on the inspection of the fit facility, the Child Study Report of the child, and Preparation of Home Study Report of foster the compatibility of the child with the families: care givers of the fit facility CWC ask the DCPU to conduct the Home Study (Form 30 of the JJ Rules, 2016) Matching of Child with foster family:

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Based on the Home study Report, DCPU recommend the placement of the child with prospective foster family and CWC initiate the process of giving order for placement of the child.

Procedures Prior to Final Foster Care Placement order by CWC: According to the Model Rules, placement of the child shall be handled with utmost sensitivity and in a childfriendly manner by specially trained persons. The rules provide separate guideline for placement in foster families and placement with fit facilities.

Placement in Foster Families After matching, CWC passes Interim Order allowing child and the foster family to have restricted interaction in the presence of social worker through ‘outing’ for a period of one month. This is followed by child’s visit to the foster family’s home to meet all family members.

Placement in Fit Families After matching a child with prospective care givers of the fit facility, the CWC allows through an interim order, the child and the care givers to have restricted interaction in the presence of social worker such as short meetings.

This is followed by child’s visit to the fit facility to meet all the other children.

DCPU check compatibility of the child with foster family and share report with CWC within 15 days recommending financial support requirement, if any.

In cases families requiring financial support, in the absence any alternative, DCPU initiates the procedures for approval by referring the cases to Sponsorship and Foster Care Approval Committee (SFCAC) set up in the district under ICPS. This process is completed within 15 days, and the cases are then referred back to CWC for final order.

Procedures for Final Placement Order by CWC: CWC make a final order (Form 32 of the JJ Rules, 2016) for placement of child in Family Foster Care or in Group Foster Care in a fit facility after reviewing compatibility report submitted by DCPU and send a copy to CWC. The final order is passed within 60 days of passing the interim order, in cases of no financial assistance required; and within 75 days of passing the interim order in cases financial supports required.

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Undertaking by Foster Carers/Parents: The foster parent and care givers of the fit facility sign an undertaking for foster care of the child in the prescribed format (Form 33 in JJ Rules 2016).

COUNSELLING OF CHILD, FOSTER PARENTS AND BIOLOGICAL PARENTS •

• •

Counselling of children while deinstitutionalizing is to prepare the child for the new environment in the foster family or fit facility, so that living in the new set up becomes less stressful. Opportunities to be given to special children whose biological parents are either imprisoned or undergoing prolonged hospitalisation to maintain contact with their biological parent(s).

Counselling to be provided to the care givers of the fit facility in Group foster care so as to enable them to cope with their overall responsibilities of caring for a child.

Counselling to be given for biological parents (in case they are alive and available) is to be provided for making them able to receive the child back.

Importance of Counselling It is crucial that preliminary visits between the child and potential carers are handled with utmost care and take place in a child-friendly manner. Counselling and trainings should take place before, during, and after the placement for the child and the carers, ensuring comfort and understanding. Additionally, counselling and information should be provided to the biological parent(s), as the ultimate goal of foster care is family reunification, provided that it is in the best interest of the child. Therefore, it is important that the biological parent(s) understand their rights and responsibilities. The necessity of counselling and trainings for all involved parties cannot be understated given the newness of foster care in the current Indian context.

FINANCIAL SUPPORTS In cases foster families request financial supports for the children placed with the families, foster parents will be given financial support of not less than Rs. 2000 per month per child as mentioned under ICPS. The same financial norms of Rs 2000 will also apply for children placed in group foster care.

SAFEGUARDS OF FOSTER CARE Process of placement of children in foster families or in ‘fit facilities’ is backed by certain safeguarding recommendations in Model Rules. They are, - Not more than two children shall be placed at a time with a foster family; - Number should not exceed 4 children including biological children in family foster care;

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Number should not exceed 8 children including biological children in group foster care, except in case of siblings who shall be preferably placed together in a single family or same fit facility; Biological parents’ consent is required in foster placement, wherever necessary; No special need child should be placed as foster child in a foster family which already has a biological special need child; Children will be placed with foster families having same socio-cultural milieu and ethnic group, as far as possible.

MONITORING, RECORD MAINTENANCE AND TERMINATION Monitoring and Tracking: District Child Protection Unit and CWC, either by themselves or through social workers of CCIs conducts periodic review of the placement and take appropriate action including extension or termination of the foster care placement. DCPU maintains record of each child in foster care as per Form 34 and CWC conduct monthly inspection of the foster families or foster care givers as per Form 35 of the JJ Rules. All monitoring data should be maintained electronically.

There are prescribed forms and monitoring tools given in the JJ Rules 2016 and MGFC 2016.

DCPU or an NGO or social worker identified by the DCPU track progress of foster care by visiting once a week for the first month followed by monthly visits for next 06 months and thereafter bi annually till foster care is complete. Tracking progress of the child involves the following: - Creating and maintaining Individual Case Files for each child; - Conducting monthly visits to the school in the first quarter and thereafter quarterly visits for a period of one year followed by six monthly visits; - Obtaining and maintaining school attendance certificates or report cards in child’s records; - Documenting general wellbeing of the child in foster care including health of the child, and general family environment; - Recommending extension or termination of foster care based on progress of the child.

Maintenance of Records: DCPU required to maintain following physical and computerized records of the following: 1) Master Register of children containing a. Details of the child placed in foster care: - Photograph of the child, foster parents/care giver of the fit facility, biological parents, if available. Photographs to be refreshed every year.

- Age at the time of placement and Gender 48

- Parental status - Adhaar card number of the child b. Details of the placement: - individual or group foster care - Date of placement as per CWC order - Period of placement as per CWC order - Date and reasons for extension or termination of placement c. Details of disbursement of Foster Care Grants including reasons for financial support.

2) Individual Case File of every child placed in foster care containing - Source of referral of the child - Home Study Report of the biological family & photograph; Home Study Report of the foster family & photograph - Matching report of the child with foster family/ care givers of the fit facility - Child Study Report - Individual Care Plan - Placement order of the CWC - Record (including number and important details) of visits to the child, foster family, biological family (if available), and child’s school.

- Record of the perception, opinion and suggestions of the child regarding his/her placement - Record of all reviews of the placement including observations, extent and quality of compliance with Care Plan, developmental milestones and academic progress of the child and any changes in family environment - Record of date and reason for termination, if it happens.

Termination Child Welfare Committee, after consideration of the recommendations of the Sponsorship and Foster Care Approval Committee and the report of District Child Protection Unit, can terminate the foster care placement, either giving termination notice in writing and considering the views of the foster families/ care givers of the fit facility before termination.

Termination occurs in cases such as, - Child attaining 18 years, transferring financial support in child’s name if he/she wants to avail after care program; - Biological parents releasing from jail or deinstitutionalizing from mental illness treatment and requesting child’s custody; - On availability of suitable adoptive family by legally free child above 6 years; - Disruption due to death, divorce or separation of the Foster parents, in which case children shall be sent back to the CCI. 49

-

On receiving complaints from child, relatives, or member(s) of the community or DCPU observation in home visits regarding. o Below 75% school attendance (except in special circumstance like disability or illness of the child) o Being subjected to physical, emotional, sexual abuse and/or neglect o Being engaged in labour in violation of labour laws o Misuse of foster care financial support for the child in family or fit facility o Maladjustment in the placement in spite of counselling o Foster parents/care givers of ‘fit facilities’ not meeting child’s social, emotional and developmental needs

PRESCRIBED FORMATS, TEMPLATES AND FORMS IN MODEL GUIDELINES The Model Guidelines in its Annexures mentioned different formats, tools and forms for administration of Foster Care starting from application till monitoring and record keeping. A brief on each format the relevant and forms are given in the following two tables.

Formats and Templates in Annexures of Model Guidelines Annexure No. Annexure A

Name of Format Application form

Annexure B

Foster Care Assessment Counselling The Potential Foster Child Before Placement Counselling Template for Foster Child/ Carers / Parents (InPlacement) Counselling Template for Biological Families of Foster Children Matching Process of Foster Parent and Foster Child

Annexure C1

Annexure C2

Annexure C3

Annexure C4

Annexure D1

Monitoring Tool (for foster care programme in the district)

Descriptions To be submitted by foster parents in response to the advertisement given by DCPU or an Agency permitted by DCPU To prepare assessment report of foster family To be prepared during every counselling session with the child To be filled during every counselling session with the child

To be filled during every visit with biological family To be filled out continuously during the matching process and submitted with a written covering letter for the match submitted to the CWC Monthly report to be submitted to CWC with copy to SCPS

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Annexure D2

Monitoring Tool

Annexure E1

Complaint Form

Annexure E2

Investigation Form

Annexure F

Case Visit Template

Annexure G

IEC Material

The tool is towards Investigations and Interventions for Complaints by children of Maltreatment, Exploitation and Abuse Complaint can be made to Chairperson/ Member, CWC, DCPO, and department concerned of district administration The Foster Care Complaint Template should be attached to this FORM for investigation This is the format for maintaining record of case visit to the child’s foster family The IEC materials provides - helpful tips for foster parent and care givers, - steps of being a foster parent, - rewards of being foster parent and - challenges of being foster parent or a care giver.

The above IEC material can be used for making handouts, posters and other publicity tools for the benefits of prospective foster carers/parents

Forms given in Model Guidelines Form No.

Form Title

Form 30 Form 31 Form 32 Form 33 Form 34 Form 35

Home Study Report for Prospective Foster Parents Child Study Report Order of Foster Care Placement with a Family Undertaking by Foster Parents/Care Givers Record of a Child in Foster Care Monthly Inspection of Foster Families/Group Foster Care

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Concerned JJ Rules Rule 23(9) Rule 23(4) Rule 23(15) Rule 23(16) Rule 23(17) Rule 23(18)

05

05 FosterCare Careinin Foster Indian& & Indian Global Context Global Context

UN Guidelines for the Alternative Care of Children, Paragraph 70 states that all State entities involved in the referral of, and assistance to, children without parental care, in cooperation with civil society, should adopt policies and procedures which favour information-sharing and networking between agencies and individuals in order to ensure effective care, after care and protection for these children .

Accordingly, there was need that every country follows the guideline and formulate government policies and procedures for the assistance to children without parental care.

This chapter focuses on documenting the Foster Care practices in India and some other select countries.

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FOSTER CARE SCHEME BY FEW STATE GOVERNMENTS IN INDIA The history of foster care in India goes back to the year 1964 when the Central Social Welfare Board started a pilot project on foster care as part of its ‘family and child welfare plans’. The first non-institutional care scheme framed by the Government of Maharashtra in 1975 which later revised in 2005 is “Bal Sangopan Scheme (refer the details in this chapter) implementing the foster care model in the State. foster care model laid out in BalSangopan Scheme was successfully implemented at Latur and Osmanabad during the Latur earthquake in 1993.

During the aftermath of this disaster, around 200 orphaned children benefited through this program as they were rehabilitated with their relatives or neighbours in the community. The scheme was also made functional during the 2001 earthquake in Gujarat, where around 350 children benefited from it.28 Notwithstanding these examples, few Indian states have developed effective foster care programme and formulated foster care guidelines in line with the Model Guidelines of Foster Care, 2016, JJ Act and other policy prescriptions endorsing alternative care. Thus, foster care is still in nascent stage in India by government’s initiative and there have been only few existing literatures on foster care in an Indian context.

The table below gives a glance of foster care initiatives by few state governments in India. In these states governments and statutory bodies (CWC) were proactive in considering familybased care as the right of every child.

Details Foster Care Scheme- Bal Sangopan -Vatsalya29 Yojana30 State Initiation Year About the scheme

Foster Care Scheme31

Mukhyamant Palanhar Yojana32

Goa

Maharashtra

Kerala

Rajasthan

2007

1995 In 1995 with the joint initiative of the Maharastra State Government and UNICEF, Bal Sangopan Yojana (BSY) scheme has been introduced

by WCD to prevent

2004 DCPU under the Department of WCD is the nodal office of Foster Care programme in Kerala.

District CWC provides the legal assistance.

2005 Social Justice and Empowerment Department, Government of Rajasthan has launched the Mukhyamantri Palanhar Yojana for the uncared, unsheltered,

The foster care scheme titled “Vatsalya” launched in State of Goa to assist children deprived of parental care or of the care of guardians, and in need of protection.

28

BOSCO, Foster Family Renewed Hope and A New Life- A Study on the Practice of Foster Care for Children In India 29 Foster care scheme, Directorate of Women and Child Development (Web: http://dwcd.goa.gov.in/wpcontent/uploads/2017/12/FostercareschemeandPrabhat.pdf) 30 https://sarkariyojana.com/bal-sangopan-yojana/ 31 http://sjd.kerala.gov.in/scheme-info.php?scheme_id=IDEyMnNWOHVxUiN2eQ== 32 https://www.indiafilings.com/learn/mukhyamantri-palanhar-yojana/

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The scheme is administered by CWC and two Child Care Coordinators. The CWC takes decisions on the basis of this assessment, designating the foster parent as a 'fit person' and stipulating the terms of the placement, including conditions, required training or orientation, and the duration of the placement.

institutionalisation care and to promote deinstitutionalisation of children.

In this initiative, all the children whose parents are unable to take care of them due to various reasons such as health issues (chronic illness), death, separation, or abandonment by one parent or some other calamities are temporarily placed with another family.

For approval, applications have to be submitted to the Child Welfare Committee. The CWC can select children on referral by their single parents, their relatives, Hospitals, school, women’s groups, CGC, District women & Child welfare office, child welfare institutions etc.

Foster family The foster family Selection should belong to a similar socialeconomic and cultural milieu.

There shall be no discrimination of whatsoever nature in selection of foster parents either on the basis of different

The foster family should be a couple or a single parent who are well motivated, sensitive to the needs of the child. Foster parents can be the relatives, neighbours, or unrelated family members. The Foster parent’s socio-cultural environment should 54

The DCPU file an application before the Concerned CWC for placing the child in Foster care. The CWC shall consider the Foster care Assessment Report and Home study report before ordering foster care placement.

The scheme targets children without adult care, children whose relatives are not keen to take care of them, children in CCIs who have not been declared legally free for adoption (LFA), children in the 6-8 age group who do not get a family in adoption within a period of two years after they are declared LFA, those in the 8-18 age group who are LFA but have not been selected by any prospective adoptive parent for one year, and children with special needs.

uneducated orphans to maximise their future well-being. The scheme offers financial assistance to their nearest relatives or any institutions for their upbringing, education, health and other essential needs.

The criteria for selection of foster family in this scheme include the stipulation that both spouses must be Indian citizens in the 35-65 age group and in good physical, mental, and emotional health. They must be willing to foster the same child, should

Eligibility criteria in this scheme includes the annual income of the eligible Palanhar family not being more than 1.20 lakhs and it being mandatory for children of age group 3 to 6 years to attend Aanganwadi and 6 to 18 years to attend school.

The entire scheme is implemented through the online application submission, process and sanction process that allows speedy and hassle-free monthly payment to beneficiaries on a regular basis.

In the scheme it is mandatory that such children are sent to the Anganwadi centres at the age of 2 to 6 years and must be sent to schools at the age of 6.

socio- economic background or any other category. The criteria for selection are in accordance with Section 35 of the Model Rules of the Juvenile Justice (Care and Protection of Children) Act.

Duration The timeframe can range from emergency or short-term placements to long term placements after a careful inquiry and assessment. The duration can be assessed as required and the placement periodically reviewed.

Types of placements: (i) Emergency placement; (ii) Temporary/short term placement; (iii) Long term placements till the child attains the age of 18 years and extended up to the age of 21 years (iv) Assessment placement, usually for approximately four months during which a detailed assessment is carried out of the physical, emotional, therapeutic needs of the child.

Foster Care Maximum Allowance maintenance allowance per child or monthly Foster Care allowance payable to the foster families for the welfare of the child will be Rs.

be preferably similar to child’s biological family.

The scheme is implemented for the care of orphans, homeless, homeless and other vulnerable children in the age group of 0 to 18 years in an institutional and family environment for a period of one year to be periodically renewed.

Terminations on attaining 18 years or on improved family condition or on noncompliance by implementing NGOs

The State Government provides a monthly grant of Rs. 425 per child to the foster parents for their basic needs through a

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have an income with which they are able to meet the needs of the child, and should not have any criminal conviction or indictment. Pre-foster care counselling given to prospective foster parents for taking up responsibility of foster parenthood.

The CWC can place the child for short term foster care for a maximum period of one year from the date of placing the child.

There are nine carefully selected categories of vulnerable children/ families who can avail the Scheme.

If the foster parents need financial support, the District Child Protection Unit (DCPU) should convene sponsorship and foster care approval committees and take

The monetary aid provided under this scheme is Rs.500 every month till the age of 5. After admission to a school, the offered grant raises to Rs.1,000

This scheme supports foster families/ extended families till the age of 18, but planned Aftercare has not been attempted for these youth, raised under the Palanhar Scheme.

2,500/- per month for an individual up to 21 years of age.

The Foster Care Fund is created by the Department of Women and Child Development to enable the implementation of the Foster Care Scheme.

Once CWC orders the placement of a child in foster care, a copy of the order marked to the DCPS and WCD for release of funds.

Maintenance The Child Care of Records Coordinators maintain ledgers for records of disbursement of funds and a master ledger for children and foster parents assisted under the scheme. Individual case files will include records of children, orders issued by the Child Welfare Committee, undertakings by the foster parent(s), etc.

Files for details of release of Grants shall be maintained and regularly updated.

These will be scrutinized periodically by the Department.

charitable organization.

A monthly grant of Rs. 75 per child is given to the implementing charitable organization for visiting the family and other administrative work.

steps to provide maximum of ₹2,000 for a child per month in a joint account of the child and the parent

every month until the child attains the age of 18. In addition to this, the Government provides an annual subsidy of Rs.2,000 per year (excluding the category of widow and marriage) for the cost of clothing, shoes, sweaters and other needed works.

Implementing NGOs document and maintain detailed case record along with a case summary of every case which are shared with the CWCs.

A qualified Social Worker conduct enquiry and prepare Case history on the child to be given in foster care. The Individual Care Plan also should be prepared by the Protection Officer (NIC) for the Child. The Foster Care Assessment and home study is conducted by the Protection Officer (NIC) or any other officer entrusted by the DCPO.

The head of the companion family should submit a certificate of acceptance of the child for its upbringing; proof certificate of the child studying in school on attaining the age of 6.

Report for the acceptance of the assistance by the widows in urban or rural areas, whichever is applicable is also necessary to attach.

GLOBAL PRACTICES OF FOSTERING Armenia Armenia is signatory to the United Nations Convention on the Rights of the Child (UNCRC) and the Hague Convention on International Adoption. Since the ratification of the UNCRC, the government increased efforts to ensure the respect of children’s rights in every aspect of life 56

and set up the main directions of government and civil society action. Special attention is given to protection of children in especially difficult circumstances. Studies say that foster care is not a widespread practice in Armenia. As of December 2012, there were around 15 ‘active’ foster families in the country, although there are government commitments to support 25 foster families. Around 500 children a year come under the care of legal guardians.33 In collaboration with UNICEF, in 2015-2018, around 64 families in Armenia were trained and licensed to become foster parents.34 To try and combat this immediate placement into an institution, since 1999 various programmes in Armenia have created foster families. The first scheme, a joint initiative of the Municipality of Cretey of the French Republic, the Sister Cities Committee and the Ministry of Social Protection focused on fostering orphans aged 3–12, resulting in nine children being fostered in eight families across different regions. Most fostering in Armenia has resulted from the Foster Family Service programme implemented by Fund for Armenian Relief (FAR), with the goals; i) To create a family network to provide a natural environment for children’s upbringing and development; and ii) To create support services for biological families and prepare them to be reunited with their children. FAR funded, supported and supervised these families before transferring its responsibilities to the Armenian government.

Under the 1999 Cretey fostering scheme, foster parents signed an agreement with the Ministry of Social Protection and received a monthly payment of Armenian drams (AMD) equivalent to USD 65 for each child’s care and an annual payment (equivalent to USD 50) at the beginning of each school year. The Foster Family Service programme also involved payments to foster families, where families initially received AMD 50,000–60,000 (USD 123– 148) and later AMD 85,000 (USD 210) per child per month.35

Vietnam There is a high demand of disadvantaged children in Vietnam who need State protective services such as foster care. Ministry of Labor, Invalids and Social Affairs, MOLISA, (2009) confirms that around 1,54 million of children are under difficult circumstance, accounting for 18.2% of Vietnam’s child population. Parents’ divorce or separation has caused a significant increase in the number of this disadvantaged group (Vietnam’s CRC report No. 4). Institutional care is believed as the only formal care available for Vietnamese children, which, however, is not the best option for the children because of the lack of an effective social work assessment practice (Hamilton et al., 2010). The Vietnamese government has realized the importance of

33

A research study by Save the Children, “Development Perspectives of Foster Care in Armenia”, conducted in 2012 34 https://www.unicef.org/armenia/en/stories/karolinas-journey-orphanage-family 35 Ministry of Labor and Social Affairs, Government of Armenia

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developing alternative care for disadvantaged children in general and foster care service in particular. 36 Despite the good efforts in laws and policies, the implementation of formal alternative care in general and foster care in particular has been very limited. Rosenthal (2009) blames that there is no “publicly-regulated foster care system” in Vietnam. Study shows that informal foster care and kinship care, undertaken by the people themselves voluntarily, without or little support from the authorities, have long existed within Vietnamese tradition (UNICEF Vietnam, 2010), but foster care had not existed till 2010. Very recently in 2017, the national target program is launched by the Vietnamese Government, expanding alternative care, to ensure disadvantaged children in the country are able to grow up in a family environment. As part of its effort to implement the law, in July 2017, the Ministry signed a three-year cooperation agreement with Care for Children (CFC), a UK non-governmental organisation (NGO), to push the implementation of foster care in Vietnam.37 It focuses on training and providing consultation for governmental staff and social workers in the two localities, while conducting publicity campaigns to raise community awareness on the positive social outcomes of family-based care.

Spain Foster care was introduced in Spain in 1987, when new legislation created a child care system that was intended to provide a better alternative for children needing out-of-home placement. Until then, practically the only option had been residential care, in which children often remained for many years, if not indeed their entire childhood. The legislation of 1987 (Ley 21/87) not only regulated foster care, but also framed it within the priority that children deprived of an adequate family environment should receive substitutive care within another family, and not necessarily in a children’s home or orphanage. Later, the legislation of 1996 (Ley Orgánica 1/1996) developed this idea, extending the potential of foster care through new modalities and facilitating its application.

Foster care in Spain has many modalities, depending on a series of criteria. The legislation of 1996 (Ley Orgánica 1/96 de Protección Jurídica del Menor; Constitutional Child Protection Law) defined different types, extending the possibilities of foster care for covering the highly diverse needs of children. The different modalities are: - Temporary fostering which is of brief duration and with the intention of a return to the family of origin once the situation that led to the care order had been resolved.

- Permanent fostering which is long-term care for cases with no other alternative.

- Pre-adoptive fostering, a step prior to adoption.

36 37

Linda Verngren and Luong Quang Hung; Developing Foster Care in Vietnam: A Literature Review June 02, 2018, Vietnam joins int’l efforts to give children homes

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-

-

-

Provisional foster care, which allows a child to be placed in foster care immediately, even in the absence of parental consent, while the dispute is being settled.

Emergency or diagnostic foster care, whose purpose is similar to that fulfilled by emergency children’s shelters, that is, to provide immediate care pending a decision based on an assessment of the case.

Specialist foster care in cases of children with special needs for reasons of health, developmental problems, etc., or where the fostering is complicated due to other factors, such as in cases of adolescents, or groups of siblings fostered simultaneously.

Professional fostering where foster parents, in return for total availability and dedication to the task, receive remuneration equivalent to a salary (or indeed, a salary per se).

Majority of foster carers in Spain are volunteers, although generally they receive expenses, which average around 300-500 euros per month (Del Valle & Bravo, 2003). According to a study38, one of the most remarkable findings concerns the financial compensation for foster families, not only with regard to the quantity awarded –which could be as much as four or five times greater in some Regions than in others– but also to the criteria on which it was based. For example, there are Regions in which non-kinship foster parents received more than kinship carers, whilst elsewhere it was the other way around; in others still, it was understood that foster parents from the extended family should receive no remuneration at all.

United Kingdom Fostering is a devolved issue in the UK. Legislation about care and foster care therefore varies across the UK. In England the main legislative body is the Westminster parliament and primary responsibility for fostering in England is held by the Department for Education.39 Foster care in the modern sense was first introduced in the United Kingdom in 1853 when Reverend John Armistead removed children from a workhouse in Cheshire, and placed them with foster families. The local council (called unions at the time) was legally responsible for the children, and paid the foster parents a sum equal to the cost of maintaining the child in the workhouse.

As at 31 March 2021, there were 45,370 fostering households and 76,640 foster carers in England.40 The National Minimum Standards (NMS) for the Fostering Service, The Care Planning, Placement and Case Review (England) Regulations (2010) and Fostering Regulations 9, 11, 17 refer to the processes to be considered in making placement decisions. The most important considerations include contact needs; the placement of siblings together whenever possible 38

Jorge F. del Valle, Amaia Bravo and Mónica López; Foster Care in Spain: Its Establishment and Current Challenges 39 https://www.thefosteringnetwork.org.uk/policy-practice/policies/fostering-legislation-in-england 40 https://www.gov.uk/government/statistics/fostering-in-england-1-april-2020-to-31-march-2021/fosteringin-england-2020-to-2021-main-findings

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and where this is in the best interests of the children concerned; the maintenance or securing of a stable educational placement, unless there are other overriding considerations; racial, cultural, religious and language background; needs arising from a disability; a foster carer’s family, including their birth children; and available space and bedrooms. 41 The United Kingdom has different types of foster care such as, •

•

• • • • •

Family and friend’s households, where a child being cared for by the local council goes to live with some known person, usually a family member. This type of care is now known as Kinship care.

Long-term fostering households offering permanent or long-term placements Fostering for Adoption, when babies or small children stay with foster carers before their possible adoption.

Short term/temporary fostering with the intention of a return to the family of origin.

Short breaks children with disability or special needs are kept with foster families for a short while, to provide biological parents short breaks.

Remand, where a specially trained foster carer looks after young people after court remand.

Emergency foster care option for children who need a safe place to stay for a few nights.

Specialised Therapeutic fostering where children with very complex needs/ suffering from behavioral issues are kept with specially trained foster families for some period of time.

Foster carers get an allowance to cover the cost of caring for a child. The Government sets the recommended national minimum rates and they are updated every April. They range from £125 a week to care for a baby in areas of England other than London or the south east, to £219 a week to care for a 16 or 17-year-old in London. In addition to the allowance, nearly all fostering services also pay carers a fee - or a reward - on top of the fostering allowance. Some local authorities have introduced a tiered skill-based system of remuneration ensuring that those carers who commit to professional development are rewarded, that ranges from m £120 to £220 a week (in addition to the fostering allowance).42

United States of America In the United States, foster home licensing requirements vary from state to state, but are generally overseen by each state's Department of Child Protective Services or Human Services. In some states, counties have this responsibility. Each state's services are monitored

41

2017, The fostering system in England: Evidence review, Department of Education, Govt of UK 2016, Sir Martin Narey and Mark Owers; Foster Care in England- A Review for the Department for Education, Govt of UK 42

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by the Federal Department of Health and Human Services through reviews such as Child and Family Services Reviews. The foster parent licensing process is often similar to the process to become licensed to adopt. It requires preparation classes as well as an application process.

The application varies but may include: a minimum age; verification that your income allows you to meet your expenses; a criminal record check at local, state and federal levels including fingerprinting and no prior record of child abuse or neglect; a reference from a doctor to ensure that all household members are free from diseases that a child could catch and are in sufficient health to parent a child; and letters of reference from an employer and others who know them.

The payment for foster families varies by states in USA, and each state offers different levels of reimbursement depending on the level of needs for each child, ranging from $400 such as in Texas to $950-$1,058 such as in Washington DC.43 In 2016, there were 437,465 children in foster care in the United States. [14] 48% were in nonrelative foster homes, 26% were in relative foster homes, 9% in institutions, 6% in group homes, 5% on trial home visits (where the child returns home while under state supervision), 4% in proadaptive homes, 2% had run away, and 1% in supervised independent living.44

South Africa In South Africa thousands of children are in desperate need of loving care in a stable family environment. These children have been removed from their family due to sexual, physical, or psychological abuse, as well as neglect. They are in urgent need of becoming a part of a family where they can be loved and nurtured. In South Africa, prospective foster parents are screened by welfare organizations to ensure they are suitable to take on the responsibility of caring for a child. The factors taken into account when screening applicants include: the age of the prospective foster parents; the health of the prospective foster parents; the family composition and income etc. In South Africa, foster care ranges from short term to long term, and a foster parent can care for up to six foster children through a court order.

Realising that financial care to foster family is an essential factor for raising a child in foster care, Section 7 of the Social Assistance Act 13 of 2004 enacted by Republic of South Africa allows foster parents to apply for a foster care grant. Once an order for foster care has been granted, an application may be made for a foster care grant by applying at the nearest South African Security Agency. Section 7 of the Social Assistance Act 13 of 2004 renders a foster parent eligible for a foster child grant (FCG) for the child concerned if the child is “placed in his or her custody in terms of the Child Care Act of 1983” (repealed by the Children’s Act); that the “child 43

https://wehavekids.com/adoption-fostering/What-does-being-a-foster-parent-really-pay Child Welfare Information Gateway (2012), Foster Care Statistics 2010 (PDF), Washington, DC: U.S. Department of Health and Human Services, Children's Bureau, p. 4 44

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remains in his or her custody” and that the “foster parent is a South African Citizen, a permanent resident or a refugee.”45 Currently, the foster care grant lies at R 1050 (One Thousand and Fifty Rand) per child and is paid to the foster parent.

In 2012, South Africa had about 5.3 million children aged 0–4 years which was 10.1 per cent of the country’s total population. As at March 2014, 512,055 children were in foster care placements receiving the foster care grants.46

Portugal The Portuguese Law on the Protection of Children and Young People in Danger (Law 142/2015 of September 8th) favours the placement of the child in a family environment, foster care, especially for children up to the age of 6 years old. Although 8,175 children and young people were in out‐of‐home care in 2016 in Portugal, only 261 of these were placed in foster care, with the remainder in residential care (Instituto da Segurança Social, 2017). Therefore, one of the children and young people's fundamental rights under the UN Convention on the Rights of the Child—living in a family environment—is largely compromised in practice in Portugal.

Foster care in Portugal is mainly administered by the state-run social security service; nevertheless, there is a Portuguese Non-Governmental Organisation (NGO), named Mundos de Vida, that also intervenes in this field, but this organisation only operates in Porto and Braga. This NGO generates a greater public expression and awareness of foster care in the northern region of the country, partly explaining the significant geographical disparity between the north and the rest of the country in terms of the availability of professional support.47 Organisations in Portugal also shared their improvements of the Portuguese foster care system. Santa Casa da Misericórdia de Lisboa introduced new family types homes for children with trauma, and started recruiting foster families in the south of Portugal. Mundos de Vida has been prioritising foster care as the main care for children in out-of-home care in the north of the country.

Like in most countries, Portugal still lacks a proper framework to develop integrated community support mechanisms. Despite, in legal terms, being considered the preferred mode of responsive child placement, data shows that only 3.2% of the children in placement in 2016 were in Foster Care. In Portugal, from 8175 children in placement in 2016, there were 7149 (87.4%) in residential care and only 261 children in foster care, while 259 (10%) children who left residential care were adopted. In that year, from children placed in foster care, 15.8% were in foster care for 1 year or less, 10.3% were in foster care for 2 or 3 years, and 74% were 45

Policy Brief: Foster Care in South Africa: Where To From Here?

Over a Million Children Fall Through Foster Care Cracks, GroundUp,12 November 2014, available at www.groundup.org.za/article/overmillion-children-fall-through-foster care-cracks_2438 47 Elisete Diogo and Francisco Branco; Being a Foster Family in Portugal—Motivations and Experiences 46

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in foster care for more than 4 years.48 According to a report49, in 2019 there were only 191 children and young people in family-foster care in Portugal, while more than 6000 children remained in residential care. The pandemic had an unprecedented negative impact on vulnerable children and despite the approval in 2019 of a new foster care law in the country, the training and support of foster carers has so far been insufficient.

Sri Lanka The National Child Protection Authority (NCPA) stated that a proposal to revamp the current system of care rendered to orphaned children, to the ‘Foster Care’ system was made by the NCPA, to provide orphans with the opportunity of growing up within the care of a family rather than that of an orphanage.50 Learning the best practices of foster care system in different countries, the Minister of Women and Child Affairs in collaboration with National Child Protection Authority (NCPA) planned launch to project in the former war zones and border villages where there is a large number of war widows and female headed households, who could be trained and supported as foster parents to give institutionalised children a loving and caring home. Presently, foster care is promoted through the government’s Sevana Sarana Foster Parents Scheme, under the Ministry of Women and Child Affairs. 51 While nearly 20,000 orphaned and abused children are housed in the country’s 470 child care institutions, foster care is being increasingly emphasized by the government.

48

ibid https://eurochild.org/news/foster-care-system-in-portugal-challenges-and-improvements/ 50 2017, NCPA to introduce ‘Foster Care’ system in Sri Lanka 51 2017, Sri Lanka child authority mulls introducing foster care system 49

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05

06 Best GoodPractice Practice Models in Models Indiain India This chapter focuses on interpretation of information collected from few samples of social organizations interviewed for this study who are practicing foster care models in India. UNCRC and UN Guidelines for Alternative Care for Children, The Juvenile Justice (Care and Protection) Act, 2000 and Integrated Child Protection Scheme have been taken as the background; for they emphasize on the family based alternative care for children. The sample organizations were asked a set of semi structured questions to get information on aspects and mechanisms of sponsorship they practice. The information is documented in this chapter as narrated as well as referred to the annual reports or other documents suggested by them to know more about their models.

10

The broad aspects studied on foster care models are as under: o o o o o

o o o o o o

Types of Foster care Criteria to select children for foster care Child Case Study, Individual care plans and Home Enquiry Selection of Foster Care Parents or Foster Family Processes followed before Placement with families: Criteria for Matching Foster Child and Foster Parents; Child & family consent for Foster Care Placement; Training of carers/families, Legal procedure, weaning period Role of Parents and Role of organization Follow up and Monitoring Contact with Biological families Termination Networking and Lobbying for Foster Care Costs and funding support

PROFILES OF THE SAMPLE ORGANIZATIONS Only a handful of organization were interviewed as part of this study and the major limitation, as stated in Chapter 1 has been to contact organizations practising foster care in different states, owing to the pandemic situation at the time of the study was undertaken. The few sample organizations include, BOSCO, SOS-Children’s village, YCDA, Snehasadan and Family Service Centre (FSC).

Realizing that family care is the best for this development of children, BOSCO (Bangalore Oniyavara Seva Coota) has been practising non-institutional model of child care and rehabilitation, since its inception 33 years ago. BOSCO ensures that children are always successfully reintegrated into their biological or extended family every day. But children who are orphaned or do not have responsible parents in the family are simulated in short stay home for years until they leave to lead an independent life. BOSCO enlarged the rehabilitation process of these children so as to include other alternative family-based care, especially foster care. BOSCO aims at providing foster care for insecure and vulnerable children who are not under the custody of their biological parents or primary caregivers but working and living on the streets, slums and pavements of the city of Bangalore. 52 The organization made significant contributions towards formulation government policies and decision-making process through its various innovative programmes. For instance, BOSCO has set a benchmark in the rescue of runaway children traced in Bangalore City Railway Station which has been accepted and adopted into Railway Childline project. A pioneer in open shelter for children on streets which 52

BOSCO, Foster Family Renewed Hope and A New Life- A Study on the Practice of Foster Care for Children In India

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has become a national programme under ICPS; a trendsetter in the formulation of foster care guidelines that have been adopted by the Karnataka Government and the Union Government.53 SOS Children's Villages provides and supports a range of alternative care settings for children who have lost the care of their parents. In line with the UN Guidelines for the Alternative Care for Children, the organization also provides Foster Care along with other alternative care arrangements like Family like care, small group homes, transit homes, shelters for short period and Kinship care. The child placed with the relatives or larger families under Kinship care for short period when biological parents are supported with family strengthening program. From counselling to skills development, parents are empowered with the resources they need to overcome their difficulties, thereby be capable to take back the children. On the other hand, Foster care is integrated and supported in SOS Children’s Villages in various ways such as, i) making Parents in SOS Children’s Village families the official foster parents and get financial support from the state; ii) setting up and running foster family networks, where foster families either live in their own homes or in a home provided by SOS Children’s Villages; iii) providing support services to existing foster families, including training and counselling and iv) supporting partners, such as community-based organisations, to develop foster care.54 Youth Council for Development Alternative (YCDA) is a non-government organization established in the year 1993 with the objective to bring sustainable change in the socioeconomic condition of disadvantaged and oppressed masses in the community with a group of experienced and trained social workers on different subjects.55 The organization initiated alternative care systems for children in need of care and protection back in 2007. Since establishment of ICPS, YCDA has been working restlessly together with Child Welfare Committees (CWCs) and District Child Protection Unit (DCPUs) and bringing the appropriate State policies to further formalize the system of alternative care. The organization implement formal family-based care including Individual Foster care and Group foster care with the government of Orissa. YCDA also supports need-based informal family-based care option, that is, Kinship Care, where children are placed in an extended family or among close friends of the family known to the child, during situations where the children have to live without biological families.

Snehasadan is an established and well-known organization in the Mumbai community. Over the 49 years that Snehasadan has been working with the homeless children of Mumbai, the process of engaging with street children has changed and modified. Snehasadan employs trained social work staff who work with the community to identify homeless children, work towards family repatriation, counselling and finding a foster home at Snehasadan if the 53

https://www.donboscoindia.com/english/bis/default_ms.php?newsid=7648 https://www.sos-childrensvillages.org/our-work/quality-care/alternative-care/types-of-alternative-care 55 https://ycdaindia.org/ 54

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homeless child does so choose.56 Sneha Sadans foster home operates like a real family where the children feel safe and valued. There are 15 homes are running as Group Foster Care centres, each home housing 15-20 children on an average with ages that range from 5-18, so that personalised attention can be given to the children. Each house has House Parents who are a couple with children of their own who are reared together with the Snehasadan girls or boys. The concept of Snehasadan homes is so appreciated by the children that several exSnehasadan children have come back to Snehasadan as house parents.

Family Service Centre (FSC), a non-profit organization founded in 1955 runs family based and community-oriented programs that aim to reach out to families in difficult circumstances through preventive non-institutional services. The programs are geared towards capacity building of community dwellers thereby enabling them to handle their own issues and concerns. This approach of FSC is based on the conviction and principle that “Every Child has a Right to be brought up in a nurturing family environment”. Thus, FSC has been a pioneering agency in promoting the non-institutional approach through its various intervention programmes like Adoption, Foster Care, Kinship Care, Sponsorship and Community Outreach.

FSC is a pioneer organization to initiate the foster care scheme under Central Social Welfare Board in 1964. In 1994, the Government of Maharashtra took over the scheme from the Centre and renamed it Bal Sangopan Yojana (BSY). It is now a State Government run programme which provides alternate family care to children in difficult circumstances, wherein their biological parents are not able to care for them due to crisis situations; thereby preventing institutionalization.57

Types of Foster care According to the Article 106, of UN Guidelines for Alternative Care for Children, “all agencies and facilities should have written policy and practice statements, consistent with the present Guidelines, setting out clearly their aims, policies, methods and the standards applied for the recruitment, monitoring, supervision and evaluation of qualified and suitable carers to ensure that those aims are met.” Accordingly, there should be clearly written down guidelines and policies for implementation of foster care. The guidelines can be by the organizations or general guidelines by the states. There is Model Guidelines for Foster Care by central government of India (as described in previous chapters) which is largely followed by the organizations, in the absence of state specific guidelines except in few states like Orissa, Karnataka, Maharashtra. YCDA and FSC have mentioned about being privileged to be part of formulating Foster Care Guidelines for the states of Orissa and Maharashtra respectively to bene. Individual foster care, Group Foster Care have been seen as most popular form of family based alternative care to institutional care that the sample organizations practices. All the sample organization implementing foster care model see foster care as the short-term 56 57

https://www.snehasadan.org/index.html https://www.fscmumbai.org/Adoption.html#bsy

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solutions until the permanent placements are made, especially in cases where children are placed in group foster care arrangements under fit facilities. Kinship care, pre-adoption foster care for smaller children, child-headed household/supervised independent living arrangement, Foster Day Care programme are also supported by the sample organization which are need-based.

Kinship care: The first preferences are given by organization to kinship care where children are placed with relative and larger families for a temporary period of time while parents’ economic conditions are improved through family strengthening program. As narrated by both SOS Children’ Village, Snehasadan and Youth Council for Development Alternative (YCDA), Family strengthening program initiated to provide support to biological families focusing on their economic wellbeing, while children are placed in Kinship care, till they become capable to take back the children.

Individual and Group foster care: In the absence of any relative to claim care for the children, they are placed either in caring family environment with individual foster families in the community or under Group Foster Care in ‘fit facility’ implemented by organizations.

Individual foster care, where one child is placed with a foster parent fully promotes a child’s individual capabilities and potential, as given in the principles of UN Guidelines for the Alternative Care of Children, 2009. On the other hand, Group Foster Care is the arrangement to keep children in a group under house father or house mother or trained staff as ‘foster parents’ to take care of all children. Generally, foster parents opting for group foster care are supported economically by the government or non-government organisations. SOS Children’s Village and Snehasadan practices Group Foster Care as alternative to institutional care, wherein a group of children are placed with a foster parent. In both the model, after identifying and assessing prospective parents for group foster care, foster children are placed with house parents and their children in a community setting.

Pre-adoption foster care: Described by the Juvenile Justice (care and protection) Act, 2000 as the “Temporary placement of those infants who will ultimately be given for adoption rather placed Pre-adoption foster care are fostered either by the prospective adoptive parents or by unrelated foster families.

Child-headed household/ supervised independent living arrangement: One of the sample organizations, YCDA also promotes child-headed household/ supervised independent living arrangement as stated in the UN guidelines. Child-headed household is one where there is no adult presence and the

In Boys homes by SnehaSadan, foster children are looked after by House Parents along with their biological children. The house mother stays with children 24/7 hours, whereas the house father go out for work and comes back home to help house mother to take care of the children. In girls’ home, religious sisters take care of children. The group foster parents of Sneha Sadan get retirement benefits and provident fund.

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children live on their own, with an older child acting as a guardian and taking care of other siblings. The concept of child-headed foster care came into practice when an older child who was not willing to go into an individual foster care.

Foster day care: Among the organizations FSC promotes Foster day care which responds to the needs of single parents who are unable to care for their children during the time the parent is at work. FSC asked such parents to identify a familiar and trustworthy foster family who is also equally responsible towards the child. Financial assistance is provided to the foster family by both the organisation and the foster child’s parents. FSC finds their own source to support the foster day care families. By promoting foster day care, the centre prevents the risk of child being institutionalized, especially in the case of a working parent.

Criteria to select children for foster care All the sample organizations mentioned about selecting children who are already in CCIs and needs to be de-institutionalised as well as children identified by the DCPU and CWC and/or Social Workers of implementing organizations from the community in need of care and protection. Implementing NGOs can select children from NGO run CCI as well as from Govt run CCI and produce to CWC. The CWC has the ultimate responsibilities to identify such children. Children and foster families’ socio – economic, religion and cultural background is advisable be similar so that children do not have much adjustment issues. The major priority criteria for selecting children, as mentioned by most of the organizations was children who are “orphan/without any adult care” and children who are “abandoned/ separated from families and at the risk of being abandoned”. Other criteria for selection include, runaway children/ homeless/ street children, children of single parents, children of parents who are economically incapable to take care of the children, HIV infected children, Children whose parents are in jail, children whose parents are under treatment in mental health institutions, children awaiting adoptions and children in CCIs who are in need of care and protection.

Child Case Study, Individual care plans and Home Enquiry Child case study of children to be considered for foster care placement and the home enquiry of the prospective foster families is the most important part before selecting the foster parents. ICPS states that “For each child in family based non-institutional care an individual care plan shall be developed”. All the organizations who are part of state-run foster care scheme always involve government officials in the process of home enquiry, preparation of Individual Care Plans and fill up the forms. Social Workers/Social Mobilisers from the DCPU are send to the family to understand the capabilities of the families, motive etc. and prepare a Social Investigation Report (SIR)/ Home Study report. The DCPU can also ask an NGO to carry out the Social Investigation and with permission from DCPU, NGOs can carry out the task. The

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SIR then come to the CWC and if the report is satisfying, the parents/families can be declared as Fit Families by the CWC.

Selection of Foster Care Parents or Foster Family The UN Guidelines for Alternative Care of children states that, “A pool of accredited foster carers should be identified in each locality who can provide children with care and protection while maintaining ties to family, community and cultural group.” The Model Guidelines on Foster Care state that this should be maintained by the DCPUs and sent on to the CWCs. The Juvenile Justice Rule 35 lays down 11 criteria that a potential foster care family would have to satisfy to be eligible for being an authorized foster parent. The CWC has the authority to declare by order, whether the person is ‘fit’ and suitable as a foster carer, before placing the child in foster care. The research found that most of the organizations implementing different foster care program. One of the important aspects of the foster care program is the selection of right foster families that are willing to take a foster child under their care and provide them with love, care, protection and create a conducive environment for their growth.

Organizations that are part of the state-run foster care scheme follow the criteria notified and made mandatory by the scheme; whereas all other agencies follow the criteria mentioned in the Juvenile Justice (Care and Protection of Children) Rules, 2007 (Section 35). Sample organizations mentioned about involving CWC and DCPU for identification of foster families.

Identifications of potential parents are done through awareness generation where willing parents are invited to place applications. BOSCO mentioned that for awareness generation, in Karnataka, the help of DCPU in WCD is being sought. BOSCO and DCPU together prepared awareness generation materials and through DCPU programs are being conducted to identify parents. Other organizations narrated that based on parent’s applications the DCPU and CWC scrutinize the families to check whether they are fit for fostering the needy children. Selection is as per the state guidelines seeing that education need, health etc of children can be taken care by individual family. In case of selecting ‘fit facility’ for Group Foster Care, the existing infrastructure facilities, NGO credibility etc are being checked.

In cases of group foster care as practised by Snehasadan, identification of house parents is done from known sources, mainly the alumni of Snehasadan who have stayed in Snehasadan in the past for long and settled in their lives. Selection criteria includes that these alumni are quite settled in life, have children and married for at least 10 years with their biological children who are not infants. There are also couples from the community who come voluntarily to contribute for Snehasadan, opting as house parents. The organization ensures that House Parents’ biological children are at least 5-6 years old and not infants, so that non-related children can be looked after well by the house mother.

“Even though House Parents are identified from known resources, we need to check the motivation of the couple coming back to offer services as “House Parents”. Criteria includes: 70

the husband has stable job and own accommodation and they are passionate enough to take care of children. House Mother is paid remuneration whereas House Father is expected to be a person who would be working in Mumbai and share responsibility of the House Mother after coming back from work.”

- Director, Snehasadan

Processes followed before Placement with families According to the UN Guidelines for Alternative Care of Children, Paragraph 55, “States should ensure that all entities and individuals engaged in the provision of alternative care for children receive due authorization to do so from a competent authority and are subject to regular monitoring and review by the latter in keeping with the present Guidelines. To this end, these authorities should develop appropriate criteria for assessing the professional and ethical fitness of care providers and for their accreditation, monitoring and supervision.” The ICPS states that, “The Child Welfare Committee either by itself or with the help of SAA, shall identify suitable cases or order placement of the child in foster-care. Once the Child Welfare Committee orders the placement of the child in foster care, a copy of the order shall be marked to the DCPS for release of funds and to SAA for follow up and monitoring. The SAA shall periodically report about the progress of the child to the Child Welfare Committee and DCPS”.

As narrated by the sample organizations interviewed for this study, generally, the following steps are involved in the placement of children for individual foster care: - Awareness campaign involving stakeholders in the community to sensitise about the program.

- Application by potential foster families along with identity, income proof, address proof and medical certificates of foster families.

- Securitize family situations, assessment of family’s credibility.

- Consent of other family members and child’s biological families (wherever available).

- Reference letter from neighbours.

- Police clearance of foster family to ensure none of family members has any criminal record.

- Preparing children and foster families.

- Training of foster families.

- Matching, Weaning and Final placement.

Child & biological family consent for Foster Care Placement: Taking consent of the children considered to be placed in foster care and their biological families is an important component for successful fostering. Children’s consent and preparing children for foster care placement stands important to prevent possibilities of children running away from foster families. On the other hand, consent of biological families and extended families and informing them about foster families will ensure good bonding between children, biological families and 71

foster parents. In all the sample organizations, either the counsellor or social worker took charge of preparing children about foster care arrangement, taking consents and providing information to the biological families about the foster parents to maintain good connect.

Legal procedures: The organizations working with state run foster care scheme, take the support of CWC before placing a child in foster care, ensuring that the foster care placement a legal and formal procedure that reduces the risk of the child being neglected or abused in foster care. Once families are declared as ‘fit family’ they come to the roster. According to the sample organizations, CWC and DCPU have the role to monitor the families till children are placed in foster families. Once the identified foster families are ready to take the children, counselling and orientation time to time, maintaining contact through phone calls or visits happens to keep the family’s willingness up because otherwise if we are not in continuous touch, after a certain period, family may refuse to take the child. Based on the order by CWC declaring children legally free for foster care, the children are placed with foster families.

Apart from that, the organizations mentioned about taking written undertakings from Foster Parents detailing the ‘to do’ and ‘not to do’ list which guarantees that they will discharge their duties towards the foster child appropriately, adequately and with full responsibility.

Training of families: Article 118 of UN Guidelines for Alternative Care of Children states that “The competent authority or agency should devise a system, and should train concerned staff accordingly, to assess and match the needs of the child with the abilities and resources of potential foster carers and to prepare all concerned for the placement.” As mentioned by YCDA, frequent training to the foster parents at the time potential family selection is the important factor where families are trained on different aspects including maintaining contact with the child’s biological family, good parenting skills on how to deal with children and how to handle children’s behavioural issues etc. Snehasadan mentioned about conducting session for house parents on parenting skills, mechanisms to identify unusual behaviour of children and flag the red alert to the counsellor in case of anything noticed.

According to the Director, “child eating too much, not eating at all, keeping quite all the time, lack of concentrations are some indicators of children going through traumatic phase and upon identifying such change in behaviours, the House Parents contact the regular Counsellors who are in organizations pay-role.”

Matching Foster Child and Foster Parents: The children are matched with the foster parents based on the given criteria rather than foster parent choosing the children they like.

Organizations like BOSCO, YCDA, FSC narrated that the matching of children considered for foster care to the foster parents were done based on socio-economic condition of the child and foster family, religion, cultural background of the child and foster families, and language.

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Matching of social-cultural background is an important criterion for establishing the bond between child and foster family and easier for children to cope in the new arrangement.

“Matching the background stands critical because sometimes parents expectation go beyond regarding children’s capabilities in terms of education achievement, behaviours, etiquette etc. and as a result children are not able to cope in the families and gets more traumatised in the foster care set-up.”

Staff, YCDA

Weaning period: Pre-placement arrangement such as interaction with foster parents, social workers taking the children to identified foster families, counselling of children and foster parents etc. helps children to prepare for placement and such arrangements are termed as ‘weaning period’. Providing children, the opportunity to meet their foster parents help them become comfortable with them and thereby reduces the chance of non-adjustment issues in future. As narrated by BOSCO, children are placed to foster families for 1 day or 2 days during holiday much before order get passed from CWC. This helps families and children to understand each other post which they both mutually accept to be together.

Role of Parents and Role of organization Roles and responsibilities of the parents are as stated in the Model Guidelines for Foster Care because most of the organization, either implementing state-run scheme or individual foster care/GFC program follow the central guidelines. On the other hand, organization’s roles include, frequently visiting families to check on educational support by the families; quarterly assessment of foster families to check whether parents are able to handle children and children do not have any problem in the new family; providing counselling support to families as well as children to help them make bonding, arranging parents meeting to know the challenges of parents and try to guide them to deal with adjustment issues etc.

Follow up and Monitoring According to UN Guidelines for Alternative Care of Children, paragraph 92, “States must ensure through their competent authorities that accommodation provided to children in alternative care, and their supervision in such placements enable them to be effectively protected against abuse. Particular attention needs to be paid to the age, maturity and degree of vulnerability of each child in determining his/her living arrangements….” Accordingly, there has to be continuous follow up and monitoring mechanism of the children placed in foster care arrangement to ensure that children are able to cope up in the new arrangements as 73

well as parents are well supported. As mentioned by all sample organizations, social workers visit the foster family and interview the parents, speak to the child privately and to the school authorities to know academic progress of the fostered children. YCDA and BOSCO mentioned about joint monitoring mechanism by the organization, CWC and DCPU officials to check progress of the children apart from organizations’ own scheduled visits to the foster families and schools to prepare progress report. Rigorous monitoring and visits to the family by YCDA, every day for 1 month, then on monthly basic from the 2nd month, spending 3-4 hours with the children to know their challenges and reporting progress to CWC/DCPU. On the other hand, DCPU and CWC visit the families on quarterly basis and CWC conducts surprise visits to the foster families to check progress, and take action in case of any problem identified.

Snehasadan continues Educational follow up by social workers as children are scattered in different types of schools and for house parents it is difficult to run around to take care of admission, school fee payment, follow up progress etc. From the organization, separate monitoring and follow up mechanism conducted by the Coordinators after the Social Workers monitor at the first level.

Sample organizations mentions about the Psycho-Social Support mechanism by organizations to ensure safety and emotional wellbeing of children in the foster families.

The full-time Counsellor in Snehasadan refer children, based on child’s assessment, for treatment in cases that are required. YCDA developed child well-being check-list to assess children’s well-being and quality of care in the foster families. The child wellbeing check list is a tool which is exclusively design to collect information from children. Social workers through different activities like games, puzzles, drawing, informal discussions conduct the tool and try to get information on certain well-being parameters like education, food quality & nutrition, health status, family’s economic conditions, attitude of family members, neighbour and community, shelter facilities, mental health status of the children etc. Such tools help social workers to assess the problems children are facing.

Contact with Biological families Biological family has the right visit the child in the foster family and foster parents should welcome the biological family without being into any conflict. As mentioned by the sample organizations, implementing the contact maintenance with biological families is the important component of individual foster care that helps in keeping bond between children and biological parents and reunification gets easier. CWC and DCPU provides permission to biological families to call the children once in a month after placing into foster families and in cases biological family wants to visit, CWC provides permission to visit the foster families.

Termination According to the sample organizations, fostering with same families get renewed every year, as per the guideline, after the assessment of care within the foster care set up. Organizations 74

mentioned about the duration of foster care as per the need ranging from 1 year to 5 years.

In BOSCO, individual foster care placement is done for at least 5 years for non-orphan children with renewal taking place every year. After 5 years, if the biological parents are willing to take back the children, then CWC take decision after assessment of socio-economic conditions of the biological parents.

As narrated by BOSCO and YCDA, in certain cases, there are behavioural issues from the children and they are not willing to stay in the foster families. Some parents also complaint about child stealing things in their homes. In all such cases, counselling and orientation helps and termination is the last resort. Termination or non-renewal of foster care arrangement happens in special circumstances where, children have adjustment issues with the foster families, or children are not able to meet expectations of foster parents, or children do not get sufficient attention from foster parents, and also in cases when parents complaint to CWC about not being able to manage children.

Networking and Lobbying for Foster Care There is pressing need for networking with like- minded organizations, CWCs, government functionaries and other stakeholders to streamline the non-institutional care mechanisms in India. Accordingly, all the sample organizations mentioned about conducting extensive advocacy, campaigning and knowledge sharing among the duty bearers e.g., CWC, DCPU, Child Lines, CCI personnel, parents, teachers, community members/leaders and frontline government staffers on child protection and Alternative care (individual foster care/ Group foster care), De-institutionalization, reunification of children with the families etc. YCDA narrated that different resource materials have been published such as-- Practitioner manual on Alternative care, Manual on de-institutionalization and transition, Brochure on Aftercare, foster care, Glossary on Alternative care. Various campaigns on “why family matters” has been done to influence the community and the statutory bodies to address the alternative care initiative instead of the institutional care.

Costs and funding support According to UN Guideline for Alternative Care for Children, Paragrapgh 56, “With regard to informal care arrangements for the child, whether within the extended family, with friends or with other parties, States should, where appropriate, encourage such carers to notify the competent authorities accordingly so that they and the child may receive any necessary financial and other support that would promote the child’s welfare and protection”.

Organizations implementing foster care under the state-run foster care schemes provides a monthly support of Rs.2000 per child per family, as envisaged in JJ Act and 75

ICPS, whereas other arranges funds from different donors to support foster families.

In the absence of any government’s grant under ICPS, BOSCO is providing financial support of Rs.3000/ per child per month in Group Foster Care towards upkeeping and maintenance of children (food, medical, education expenses), whereas, FSY working as part of Bal Sangopan Scheme in Maharashtra mentioned about Rs.500 per child per month from the scheme’s financial support to foster parents. YCDA mentioned that since ICPS grants for foster care placement is largely inadequate , the organization mobilise furniture, stationaries and other requirements, based on the need of the foster families, through different donors to continue education of the placed children in those families. For children under Kinship care, YCDA sponsors Rs.1000 per child per month towards continuation of education of children.

CHALLENGES FACED BY THE ORGANIZATIONS The state-run foster care scheme has been implemented through social organizations in all the states in India. Hence, social organizations, whether or not implementing foster care in collaboration with government functionaries, faces a lot of challenges in executing the program. The factors that could be explored as predictors foster retention include both internal and external, like foster parent motivation for fostering, personal characteristics of foster parents, foster parent training, payment rates, and foster parent relationships with social service agencies. The challenges are perhaps hindering to the success of the noninstitutional care practices in India. This section of the chapter focuses on the major challenges faced by sample organization while implementing the foster care program. The information is based on the interactions with representatives of sample organizations interviewed for this study. o Handling behavioral issues of children and retaining family’s motivation: One major challenge faced by every organization is to handle the lot of psychological issues that children have because of their traumatic background. Impact of traumatic past comes up in teen ages and constant monitoring and being aware of what is happening to the children is very much important for the organizations placing children in foster care.

Serious emotional and behavioral problems of foster children present complex challenges for modern foster parents and in the absence of personnel to support assessment, monitoring and follow up placement etc. foster parents sometime loose motivation to continue fostering children with such behavioural issues.

o Difficulty in matching right foster parent with right child: Matching children with culture, religion of the families creates challenges for most of the sample organizations, because families are not willing much to foster children from different religion and cultural backgrounds.

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o Non acceptance of special need children and children in especially difficult

circumstances: All the organizations interviewed mentioned about the major challenge of finding foster families to accept children with special need or children who are in especially difficult circumstances like HIV infected children, street children and children with borderline mental retardation. Despite trainings to foster parents, organizations identified their reluctance to accept these children with the fear that they may exhibit behavioral problems that foster parents may not handle. o Poor financial supports impacting motivation of families to foster children: State run foster care schemes offer very meagre financial support to the foster families, which is as low as Rs.2000 per month. According to the sample organizations, this amount is largely inadequate to even cover the educational expenses of a child. Lack of sufficient financial resources to ensure quality care for the children makes it difficult to retain motivation of families to foster children. o Group Foster care, a costly affair: Infrastructural cost is the main component in Group Foster Care facilities with small numbers of children being placed in different buildings.

The cost includes establishing physical assets, repair & maintenance of buildings, separate staff/ care takers looking after each home. In the absence of government’s financial support, most of the organizations identified as ‘fit facilities’ have to arrange funds to maintain each of the foster care facility home. Difficulty is to get donations for infrastructural development/repair, maintenance of the building cost, perishable things etc. As identified by Sneha Sadan, medical costs especially visiting psychiatrist involves lots of cost. Also, in case of children needing remedial teaching or special education, their charges are per hour which is quite expensive even after the concessional rates being charged. o Lack of awareness in state functionary and trained staff in agencies: One of the biggest challenges is the lack of awareness among state functionaries and finding good human resource to work in the domain of foster care. The functionaries are neither familiar with the laws and regulations nor are they well trained to deal with the issues of child protection vis-a-vis alternative care. Most of the sample organizations mentioned about designing capacity building and sensitization campaigns for the functionaries working with the children. On the other hand, social service organizations/agencies struggle to find trained and experience staff to work with the functionaries as well as individually in foster care domain. For example, in group foster care, well trained and motivated House Parent is difficult to locate. o Difficulty to work with State Functionaries: Most of the sample organizations mentioned that despite being a progressive scheme, foster care could not gain its desired 77

success in India because of state functionaries failing to deliver the deliverables.

Organizations mentioned that until and unless there is coordination between CWC and DCPU, implementation of foster care program stands difficult. According to the organizations, challenges are while dealing with CWC and DCPU since there is delay in sanction order, delay in the release of funds and delay in completion of legal procedure for foster care placement processes. Even bringing all stakeholders in the same platform for networking and campaigning is difficult. o Relationship with and support from Social Service Agencies: Even though organizations have rigorous monitoring mechanisms to check on children and foster parents after the placement, sometimes, due to less trained staff with the agencies, there can be lack of response, communication gap and support from foster care agencies. As studies suggest, communication and support from foster agencies appear to be the most important factor in retaining foster parents and without such supports, the foster care program loses its strength.

Some promising practices Foster Care Network (Taskforce), YCDA YCDA networked with the Civil Society Organizations (CSOs) working on child rights in the state of Odisha to form Foster Care Network (Taskforce) with Women and Child Development Department of Govt. of Odisha with the support from UNICEF. The taskforce was formed to initiate the alternative care arrangements like kinship care, foster care and sponsorship for children in Orissa, with special focus to form a close-knit foster care network. Taskforce initiates advocacy at the state level to lobby with key stakeholders towards effective partnership, coordination and convergence to strengthen the alternative care system for children deprived of parental care. Under this initiative many visible steps such as right to family campaign, de-institutionalization and reunion of children with their families and other forms of family-based care arrangements were demonstrated successfully. During this period of sharing knowledge and working with many NGOs/INGOs, various statutory bodies and State Government gave a solid learning in understanding the ground realities and law of the land. Taking the experience on working with the concept and to reach out the larger stakeholders, YCDA has set up the Resource Centre and thus widening the scope in to create a different states momentum on the subject.

Family strengthening program by SOS Children’s Village and YCDA While every category of separated children has distinct characteristics and needs, household poverty is often the major driver of family separation, and poverty affects the ability of separated families to reintegrate and stay together.

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Family Strengthening Programme (FSP) is a preventive measure whereby the families belonging to the most vulnerable sections of the society, those who are lost in the quagmire of poverty, social discrimination and are facing many other challenges to make ends meet are strengthened to avoid abandonment of children. SOS supports families/ individuals in generating sustainable income, while building their capacity to ensure that children are provided with an environment where they are well cared for and their basic rights to education, skilling, health and nutrition are fulfilled. The Family strengthening program (FSP) interventions of SOS Children’s Villages range from providing, - Education/academic support & counselling to children; - Nutritional supplementation to address issues of malnutrition and annual Health checkups for families & children; - Sustainable livelihoods and build capacity to enhance financial literacy of the families; - Skill trainings & personality development of caregivers to enhance employability; - Strengthen self-help groups and promote them as community development agents; - Capacity building of families and children to become self-reliant.

To give care, protection to children is itself a challenging task for the family and if it is victimized of poverty then it ultimately refers to their livelihood. The protection and wellbeing of children is directly connected to issues of livelihood, especially in emergency contexts.

YCDA’s Livelihoods and Economic Strengthening seeks to enhance the protection and wellbeing of crisis affected children through sustainable livelihoods approaches and economic strengthening of households. Family Strengthening Programs provide support to deprived families focusing on their economic wellbeing, good parenting skills and access to various social security schemes. Household economic strengthening includes activities that help a family restore, improve and maintain their income, and build savings and assets. The process involved vulnerability mapping by developing Family Assessment tools in collaboration with the village child protection committees and other existing Govt institutions and then identification of the potentiality and skilled members of the family.

The families are monitored and tracked ensuring inclusion of the social security benefits by the local self-governance and existing child protection mechanisms with an encouragement for the savings and contribution towards the education, nutrition and health needs of the child. The family strengthening components include.

• Awareness generation among identified vulnerable families on available government schemes for birth registration, adequate housing, health, education and social welfare services, as well as fighting poverty, substance abuse, discrimination, stigma, violence, and sexual abuse etc.

• Linking the identified vulnerable families with government schemes like MDM, ICDS, PDS, Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) and pensions for widows and elderly etc.

• Income Generation Program (IGP) under which YCDA provides financial supports as ‘loans’ to start a source of income which the family can return in small amounts after gaining profit from whatever they earn. YCDA helps them in making proper business plans and provide handholding and technical support from time to time.

• Mothers of the women-headed households are supported by YCDA to get linked with small Self-Help Groups (SHGs). SHGs are voluntary groups, comprised of 15 to 79

20 women who meet every week to save, start small business activities and grant loans to one another, as well as engaging in economic activities and developing valuable support networks enabling them to overcome challenges, improve their economic status, increase social capital.

Welcome ceremony before placing children by YCDA YCDA promotes “Welcome Ceremony” before placing a child to the identified foster family where the child’s biological parents, some of the relatives, neighbours and members of the foster family are invited to attend so that neighbours also come to know that the child is being placed to the foster family and child do not face any adverse question from anyone in the community after the placement.

Sponsoring families in Kinship care by SOS, Snehasadan and YCDA Both YCDA and Snehasadan arrange sponsorships for the children who are in the community in Kinship care rather than placing them with foster families or in group foster care arrangements. In such interventions, child’s attendance in schools, academic results are checked as well as social mobilisers visit frequently to the families and schools to check progress of the children. The Kinship Care Programme, introduced by SOS in 2017, ensures that children without parental care grow up with minimal disruption to their educational, cultural and social lives. Under this initiative, children who have lost their biological parents are cared for by their extended families or relatives.

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07 What is Suggestions required to make & Foster Care Conclusion effective?

The research study, as discussed earlier, aimed to The research study, as discussed earlier, aimed to understand the concept and status of understand the concept and status of implementation implementation of foster care program in India; ofdifferent foster care program in India, different models being models being practiced by implementing practiced by implementing organizations and state organizations and state governments; processes and governments, and legal procedure procedure of processes implementation & policyof implementation legal &functioning policy frameworks, overall frameworks; overall of few sample organizations; good practices. functioning of their few challenges sample and organizations, their However, though thepractices. literature reviews andthough individual challenges and best However, the interactions withandfew organizations andwith state literature reviews individual interactions few functionaries, it was found that foster-care program, organizations and state functionaries, it was found that despite being a progressive non-institutional care foster-care program, despite being a progressive nonmechanism, is still in nascent stage in India. This institutional care mechanism, is still in nascentstage in chapter documents few suggestions to promote India. few suggestions to FosterThis Carechapter as one documents of the progressive family-based promote Foster as one of the progressive familyalternative careCare in India based alternative care in India 81

Even though few organizations scattered across few parts of the country have been implementing individually or supporting the state functionaries in execution of different models of foster care, there is still huge lack of awareness and acceptance in the communities about foster care and its probable benefits. Interview with representatives of NGOs practicing foster care revealed that poor support from the state and central governments, lack of adequate funding and moral appreciation for foster parents and most importantly, the absence of a concrete mechanism to implement and monitor foster care placements were the most difficult challenges in India. This section documents few strategies that may be adopted to enhance acceptance and promote Foster Care as one of the progressive familybased alternative care in India.

PROPER DEFINITION OF FOSTER CARE AND CLARITY ON TIME FRAMES OF FOSTERING Foster care has not been correctly defined in JJ Act,58 which is why there is huge lack of awareness and confusion regarding foster care in India as it has been understood only as preadoption option. Since foster care in many countries is regarded as one of the progressive non-institutional care platforms, there has to be proper definition of foster care. According to a study59, the Uganda Children Act, in which ‘foster care’ is defined as ‘the placement of a child with a person who is not his or her parent or relative and who is willing to undertake the care and maintenance of the child’, can be considered while defining ‘foster care’ in India.

Also, there has to be classifications of foster care with clarity on time frames of fostering. For example, as described in Chapter 5, the Vatsalya Scheme of Goa State Government mentions about foster care classifying it into 4 categories like (i) Emergency placement; (ii) Temporary/ short term placement; (iii) Long term placements till the child attains the age of 18 years and extended up to the age of 21 years; (iv) Assessment placement, usually for approximately four months. Foster care in Spain is classified into modalities like temporary for brief duration till reunification; permanent till 18 years; pre-adoptive; provisional fostering in cases of dispute in communities; emergency based on assessment of situation; speciality fostering for children with special needs; professional fostering against remuneration to foster parents equivalent to a salary. Similarly, Foster Care in UK have classifications like short term; long term; short breaks for parents for special need children; emergency fostering; kinship care; remand for young juveniles; therapeutic fostering for children with behavioural issues. Hence, classification of foster care is important not just in terms of regulating the fostering process but also in defining the inter-relationships between the child and the caregiver. This study suggests that all different types of foster care options must be explored and tested to suit the

58

Section 42(1) of JJ Act states that “Foster care may be used for temporary placement of those infants who are ultimately to be given for adoption.”

59 Foster Care in India: Policy Brief; Centre for Law and Policy Research

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individualised needs of children living in India with different social and economic backgrounds.

ESTABLISHMENT OF SEPARATE BODY FOR FOSTER CARE Just like CARA and SARA, there is a need for separate and external governing, and regulatory bodies branching from the CWC. These bodies need to necessarily specialise in Foster Care like CARA and SARA give specialised guidelines on adoption mechanisms. This will ensure that Foster Care as a system of care and protection is given its due attention, subsequently, allowing for its operation as an individual welfare system, separate from adoption. It is proposed that the similar instruction chain and reporting structure that is being maintained in Adoption System such as CWC to CARA to SARA to DCPU can be followed in foster care system. This would make regulation and the basic framework of functioning a lot easier.

COMPREHENSIVE RESOURCE DIRECTORY AND MANAGEMENT INFORMATION SYSTEM (MIS) OF CHILDREN & FOSTER FAMILIES Most of the sample organizations, while talking about identification of children for foster care placement narrated that child is either selected from existing government or NGO run child care institutions or as identified by the DCPU from few communities. Children outside the CCIs, in scattered communities are in need of family-based care but there is no proper mechanism to identify children who are in actual need. This study suggests that there should be proper system to identify the children in need of family-based care. In this regard, suggestion is that the competent authority or WCD department in each to create a comprehensive resource directory and management information system (MIS) of children requiring family based care and shortlisted foster families in different communities across the states. Such data bank can be updated periodically along with the details of both children and families. The data bank will help in making the matching process much more effective and easier.

FOSTERING CHILDREN WITH DISABILITY Differently-abled children, physically and mentally, require special care and attention.

Children with disabilities living in the family setting do not have access to same number of professional and community-based care as children living in institutions, unless the families are well-off to take care of the special needs of these children. Sample organizations during our interviews mentioned that they face much more difficulties to find a foster family for a child with special needs as potential foster families are reluctant to foster children with disabilities. This situation can change with special financial assistance, professional supports from institutions, rehabilitation centre, special schools etc. Given the support mechanisms to 83

the foster families by State Governments in terms of meeting costs of specialised services, including transport costs, physiotherapy, speech therapy, etc can keep motivation of foster families to take care of these children. Hence, this study suggests to; - design and plan specific support package in the Foster Care Scheme to cater to needs of children with disabilities such as medical services; - adequate foster care payment to families to meet the costs of specialised medical services, therapies etc; - extend supports from the community to biological families if children with disabilities are reunited or stays with their own parents; - train foster parents or caregivers specific to required medical attention to children with disabilities - organise awareness-raising campaign in the country about the supports available to carers and foster parents.

GOVERNMENT TO PROMOTE FOSTER CARE Adoption laws in India provide a stringent procedure wherein the legality involved in adopting a child is time-consuming and tedious. This, in turn, adds to the problem of overcrowding in institutions. To combat such constraints, the system of foster care which offers a more flexible procedure should be implemented on a wider scale so as to provide a home to children suffering in overcrowded institutions lacking basic facilities. The accountability to protect children lies with Government. Whereas guidelines and acts are formulated at Central Governments, states and local governments need to take proactive steps in analysing prevalent situation of child protection in the states and takes measures accordingly adhering to the central guidelines. In addition to following central guidelines, state governments need to draft own guidelines, policies/schemes and implement them to ensure family based alternative care. There should be provision of clear demarcation of roles and responsibilities of each stakeholder and maintaining the record of detailed information of people involved in the venture including those funding it as well as executing the functions. Strengthening the families through various initiatives and programmes should be the priority of the government and develop program to cater children deprived of parental care.

There is an urgent need for the Government to start acting on their promised support to alternative family-based care. Government’s actions need to be reflected as several levels, including budgetary allocations by the Department of Women and Child, enactment of laws and policies pertaining to it, adopting a minimum standard for child care through independent inspections mandating reports on the functioning of the foster system and taking strict legal action wherever necessary.

In view of the much-deserved attention accorded to Covid orphans, state governments can seize the moment to promote foster care where kinship care is unavailable. States should go 84

beyond the announcement of aid packages and ensure that the district child protection machinery is upgraded to chart the promising territory of foster care.60

PREPARING CHILDREN AND FOSTER PARENTS BEFORE PLACEMENT Preparing children for foster care: The study found out that until and unless children and foster parents do not know each other before placement, child may face certain adjustment issues in new foster family and the foster caregiver may also struggle in handling the child.

Preparing child and foster caregiver should be given utmost importance before placing him/her with the matched foster family. The social workers can be trained for preparing of the child for foster care, preferably professional counsellor can talk to the child to tell him/her about such care arrangements. Few organizations interviewed for this study facilitates child’s visit to foster families, short stay in the family or welcome ceremonies before the placement, so that child gets comfortable with the family.

Increase the amount of information provided to foster parents: On the other hand, organization also pointed out the importance of sharing child’s history and background to the potential foster families well before the placement to avoid any post-placement unpleasant incidence and maladjustment, resulting in failure of foster placement.

Foster parents’ involvement in planning and decision-making activities: Foster families spend more time with children in foster care than any other professional partner. Foster parents have valuable, child-specific information that is important to share with foster care delivery agencies or social workers, information that should assist with case planning, permanency planning, and health care and education decision-making. Researches emphasize the power of including foster parents in planning and decision-making to keep them involved and satisfied to continue fostering and the lack of involvement in decision making as one of the reasons for not being satisfied and even quitting. Policy should be clear that foster parents are essential members of the team of experts supporting the child and family. Hence, foster parents should be invited and expected to attend and participate in meetings concerning the child. Every effort should be made to facilitate such participation, including allowing foster parents to involve in the planning and decision-making concerning children.61

Increase frequency of interactions with foster care agency representatives: Another important aspect to keep the foster parents involved is by increasing the frequency of

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Vrinda Shukla ;June 2021, The Indian Express, Ties that bind: Why India must expand foster care 2000, Pamela; Kirsten Deichert; Heather Montgomery; Michael J. Austin; Factors Influencing Foster Parents' Decisions to Continue or Cease Foster Parenting 61

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interactions with agency representatives, through family visits, telephonic conversations and frequent meetings with social workers to discuss child-related issues.

INCREASE SUPPORT TO FOSTER PARENTS Identify obstacles to providing valuable support to foster parents: The relationship between foster parents and foster care agency representatives, mainly social workers play important role in the success of foster care placement. More frequent visits and meeting with foster parents, more confidence among foster parents and they feel supported and appreciated for the care jobs done. As described by the sample organization, small words of encouragement by the social workers/agency representatives, appreciation, felicitation ceremony on completion of a successful year of fostering etc. are good means of supporting foster parents. Agency should identify obstacles such as, huge responsibilities, caseloads etc. that prevents social workers from providing supports desired by the foster parents.

Consider sponsoring more frequent appreciation events: As already discussed in previous point, foster care agency/state functionaries can conduct foster parent appreciation events that will motivate and inspire foster parents to keep the good work up ensuring long term fostering, wherever needed.

Increase foster parent payment rates and deliver disbursements in a timely manner: Most of the organizations interviewed complaint about inadequate financial support to foster parents by state run foster scheme financial norms.

Studies suggest that, establishing foster care rates that cover actual costs, children can receive necessary care which can positively impact child well-being. Many a times foster parents incur expenses that exceed foster care rates and often pay out of their own pockets to meet children’s needs. Research studies emphasises that such additional financial strain placed upon foster parents causes them to consider no longer fostering.

Apart from the low payment rates the foster parents receives, with the low payment rates they receive, delays in financial disbursements create hardships for foster families. Hence, the practising organizations opined that the foster parents payment rates are to be increased and disbursed on time to provide them with adequate financial support for the child’s maintenance such as education, health, nutritious and other expenses involved in child wellbeing. Financial assistance to foster parents will help the parent in caring for the child and also sustain themselves. As some sample organizations also pointed out, apart from supporting biological parents in family strengthening mechanism like livelihood enhancement and linking biological families with governments existing schemes for economic

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empowerment, the foster parents can also be linked be to the Income Generation Programs and government’s schemes to avail benefits.62

SUPPORT TO BIOLOGICAL FAMILY THROUGH FAMILY STRENGTHENING As envisaged in UN Guidelines for Alternative Care of Children, Article 34, “States should implement effective measures to prevent child abandonment, relinquishment and separation of the child from his/her family. Social policies and programmes should, inter alia, empower families with attitudes, skills, capacities and tools to enable them to provide adequately for the protection, care and development of their children.” In this regard, family strengthening services, such as sessions to increase knowledge of parenting and child development, the promotion of positive parent- child relationships, parental resilience, conflict resolution skills, opportunities for employment and income generation and, where required, social assistance etc are considered as important social protection measures.

Sample organizations like SOS, YCDA spoke about enhancing the protection and well-being of crisis-affected children through sustainable livelihoods approaches and economic strengthening of biological parents ensuring reunification to their families after fostering for certain period. YCDA believes in financially strengthening families as core of the interventions that includes income generation program, government linkage programmes to access to social security schemes benefits and linking families with SHGs. The study suggest economic strengthening supports to biological families, develop family assessment tools (refer Annexure 1 for sample assessment tool) for biological family to check on their progress in terms of household income, whether rest of the children are continuing education, health status of the family members etc.

POWERS AND REGULATIONS OF VOLUNTARY ORGANISATION The study found that the greatest number of organizations are implementing foster care with state-run scheme and hence foster care implementation backed by governments will be more successful. Inclusion of non-governmental organizations into the core child protection in foster care services, hence, is very much essential since the family-based care cannot be delivered in the community without support from social organizations. Several national and international organizations are working towards child protection in India. These organizations can come forward to support government in smooth and effective implementation of noninstitutional care like foster care in India. This study suggests that many more voluntary organizations should be invited to initiatives in the field of foster care under the state-run scheme, both in rural and urban areas as there are huge number of children in need of familybased care. However, in such collaborations, there should be provision of clear demarcation 62

CWLA(2017). Hitting the M.A.R.C.: Establishing Foster Care Minimum Adequate Rates for Children.

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of roles and responsibility of each stakeholder and the social organizations should be given powers to implement foster care program under comprehensive regulatory framework.

There should be proper maintenance of record and report mechanisms to the state functionaries by the social organizations on foster care interventions including financial provisions under the program.

STRENGTHENING TRAINING STANDARDS FOR FOSTER CAREGIVERS AND OTHER STAKEHOLDERS Foster parents play a crucial role in in the success of foster care arrangements in any country.

Fostering is a challenging role and required skills and dedication to make fostering a success and impact children’s lives positively. Hence their preparedness to take on the challenges of becoming a foster parent is very essential to equip and enable them to discharge their duties of a foster parent. According to a descriptive study by Fees B. S., Stockdale D. F., Crase, S. J. Riggins-Caspers, K., Yates, A., & Lekies, K. S. (1998), that examined how pre-service training, and prior experience with children and families impacted the satisfaction level among foster parents. Within an year of completion of pre-service training, the study participants specifically reported higher satisfaction with role demands of foster parenting and felt preservice training was extremely useful to them.63 The practice of Education Department of UK of having Training, Support and Development (TSD) standards64 can be adopted in India as part of National Minimum Standards for Foster Care. The standards can provide a national minimum benchmark to set out what all foster carers should know, understand and be able to do within the first 12 months of approval. It has to be ensured that Standards are delivered in a way which allows carers to understand how the standards support them in their caring role, encouraging them to build on any areas for development identified in their assessment. The TSD standard much include, - Understanding the principle and values essential for fostering children that includes awareness on rights of children, importance of confidentiality of child’s information, inclusion and anti-discriminatory practices etc.

- Understanding role as a foster carer that includes knowing concept of foster care, legislations/policies, procedures to access support and legal advice, maintaining contact with child’s family etc.

- Understanding health and safety, and healthy care of children placed with foster families that include promoting healthy lifestyles, knowing health and safety laws and regulations and what to do in case of accidents or illness.

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BOSCO, Foster Family Renewed Hope and A New Life- A Study on the Practice of Foster Care for Children In India 64 Training, Support & Development Standards for Foster Carers’; Department of Education, UK; information can be accessed at : http://www.education.gov.uk/childrenandyoungpeople/families/fostercare/foste rcarestand/b00203661/nationalstandardsforfostercarers

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-

-

-

Understanding how to communicate effectively with children that include understanding the techniques of communication with children, handle behavioural issues, communication with supervising social workers, importance of good record keeping etc.

Understanding the development of children that include helping children develop ‘resilience’ and self-esteem and supporting them through changes in their lives, supporting education potentials of fostering children, promoting positive sexual health and sexual identity, supporting children with special emotional needs etc.

Developing foster carers as individuals which include encouraging to use support to develop their role, providing the training opportunities and continuing professional development of foster carers.

In India, given the lack of awareness among state functionaries, the social organizations, individuals and groups working in foster care program implementation needs to go a step further to train and support state functionaries such as case workers, social workers, child protection officers, probation officers and more significantly, the CWC members to implement foster care.

FOLLOW UP OF CHILDREN WELLBEING TO PROTECT FOSTER CHILDREN FROM VIOLENCE AND EXPLOITATION Children in foster families can theoretically experience violence and exploitation. There is a need to develop specific methods or mechanisms to help detect such exploitation and provide timely intervention. There has to be continuous follow up and monitoring mechanism of the children placed in foster care arrangement to ensure that children are able to cope up in the new arrangements as well as parents are well supported. Few organizations practice regular interactions with families, speaking to the children privately, whereas state functionaries like CWC, DCPU visits the families and talk to the children to understand their well-being.

However, to have deeper understanding on children’s emotional well-being status, this study suggests to have a Psycho-Social Support mechanism such as, development of Well-Being checklist (refer Annexure 2 for sample well-being checklist), that can be practiced/exercised by the social workers with the children during their visits to families.

MECHANISMS FOR ADDRESSING COMPLAINTS AND PROCEDURES Foster caregivers in both individual fostering and group fostering arrangement need to handle emotional and behavioural issues of fostering children. As identified during interview with sample organization representatives, the impact of traumatic and disturbed background of the children can comes up in their teen ages leading to extreme behavioural issues that needs special care. Not being able to cope in such situation both the child and foster parent struggle and many of a times, foster caregivers also exhibit neglects, abuse etc. So, the complaints and 89

grievances can be from both parties. Hence, this study insists that there has to be clearly defined mechanism in place for both the child and foster caregiver providing opportunities to share and report their grievances including abuse or discomforts in the foster care placement.

Such mechanism should clarify the following such as, i) where to make the complaints and allegations and how they are approachable to the child as well as foster caregivers; ii) what are the complaints that need to involve police and to what extend police can be involved keeping confidentiality of child & foster caregiver; iii) what are the complaints about foster caregivers to be taken as serious allegations needing interventions and what are the allegations where children are to be moved or foster care to be terminated and if so, where the children are to be taken; iv) what are the timeframe for investigation on complaints and what are the disciplinary actions; v) how the foster carers be given opportunity to responds to the allegations made on them and what measures can be taken to maintain their reputations.

AREA FOR FURTHER RESEARCH As mentioned in the study, there are very few reference materials or research studies on foster care practice in India to understand in depth the program and its uses children of parental care. Despite the practising organization have rigorous monitoring mechanism to check progress on children placed in foster care, there is lack of concrete documentation on children’s care experience, educational progress, physical and mental well-being in the foster families. This study suggests that there has to be further exploration on educational attainments and learning levels during foster care placement period. Children’s own experience sharing of education and social supports, particularly in relation to some issues including school bullying, educational experiences in different care conditions and changes in contact with birth family etc. can be explored.

Apart from researching about impact on children, there can be research agenda to identify strategies of improving foster family retention and motivating to fostering.

The research areas may include understanding, how foster care quality gets affected with increased payment to foster families and whether it affects motivation of foster families or its retention; what particular race/culture, age group people are more keen towards fostering; what kind of trainings affect foster parents retention and what are the effective methods of delivering training among diverse population; what speci fic strategies are to be made to involve foster parents in planning and decision making activities to make them feel involved etc.

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CONCLUSION Having said that foster care program in India is still in nascent stage, the study concludes with the hope that further research studies on foster care execution will help to take a much deeper look at the foster care in India; succeed in revealing many more aspects of this program and let people know how this arrangement of family-based care can positively transform the lives of children longing for genuine parental love and care. The study also hopes that not only the social organizations, but also government functionaries, individuals, communities will gradually understand the importance of family-based care like fostering and will work shoulder-to-shoulder towards providing interminable love, care and protection through foster care for children deprived of parental and family care in India.

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ANNEXURE Annexure 1: Sample Family Assessment Tool for Biological Families The assessment format of the families may have the following indicators: 1) No. of family members and No. of Children in the family; No of children put into Foster Care or under Sponsorship supports.

2) Details of family members: caste, age, qualifications.

3) Details of children in the family (0-5 years): age, sex, access to any healthcare and immunization, access to nutrition, information about pre- education, health status (any disability/any health problem).

4) Details of children in the family (6-14 years): age, sex, information about education, going to school regularly (if no, why), If dropout why/and from which class, health status (any disability/ any health problem), child’s hobby and special talents.

5) Details of older children in the family (15-18 years): age, sex, information about education, going to school regularly (if no, why), If dropout why/and from which class, health status (any disability/ any health problem), special skills and talents.

6) ID proof details of family members: Adhaar card, Voter card, Birth certificate. Bank account.

7) Households housing and amenity details: a. Safety and suitability of the space for the children. b. Own house/rented; temporary/permanent. c. Using individual toilets; access to drinking water within 500 meters; having electricity supply. d. Technology access of the family: Cell phone, T.V etc. e. Fuel type being used by the family for cooking: gas, cow dung cake, kerosene, firewood, heater etc. f. School in the neighbourhood; types of school, distance to school; existing means to cover the distance. g. healthcare facilities available in the neighbourhood; frequency of health check-ups for the children; existing hygiene knowledge of the child and family.

8) Households’ linkages to Government schemes: access to MGNREGS; have Ration Card; access to National Pension Yojana (Widow/Single/Old age/ disability pension); access to Govt housing scheme; access to Health insurance; have savings bank account.

9) Financial Situation of the family: Household income details; types of employment; whether seasonal migration; if unemployed, since when; whether the mother is a member of SHG. 10) Parenting and child development: 92

a. If Parent/caregivers caregiver/parent is widow, disabled, single or chronically ill; b. Occurrence of any early marriage or child labour in the family; c. Knowledge of family members on child rights and child protection; d. Knowledge of family members on exclusive breastfeeding; e. Child working outside and contributing to family income; f. Parent/caregiver believes in punishment to discipline child; g. Parent/caregiver are respecting and fulfilling children their wishes; 11) Social connection of the family: a. The family is participating in village level functions; b. Children are allowed to participate village level functions; c. Family is having membership in village level committees; d. Villagers’ or community people’s behaviour to the family;

Annexure 2: Sample Well-Being Checklist to assess psycho-social support required by foster children The sample well-being checklist can be used as a tool to collect information from children.

The exercise to be conducted with the child you target to assess children’s wellbeing status.

The checklist can be comprised of the following: Items

Indicators Never

Education related

Protection related

Do your teachers take care of you and treat you same as my other friends?

Do you have sufficient materials/TLMs needed for school work?

Do you go to school regularly?

Have your writing, reading and speaking level improved?

Do you do your schoolwork at home regularly?

Are you getting tuition support? Or you do not need it to do homework?

Do you receive care, respect and love as others in the house/ home Do you receive legal support and protection services as per your need?

Do you feel risk of exploitation, discrimination in the village/community?

Are you given any types of hazardous (need to define the meaning) work to do in the house?

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Responses Sometimes

Always

Health related including mental health

Food & Nutrition related

Family related

Shelter safety related

Do you think you are healthy and strong?

Do you freely talk to your care giver/foster parents about your health?

Do your new parents take you to the doctors when you are sick?

Is your growth happening as per the other children of your age in the community?

Do you have reliable person with whom you can speak your feelings or express your views Are you as happy as other children around you?

Do you sleep enough and feel well because you can go to school, can play with your friends and spend time with your family?

Do you have good meal at least four times per day?

Do you have enough and good food for eating (good food–Rice dal and curry including vegetables)?

Do you eat sitting together as a family?

Do you take enough food before going to bed?

Do you have people at your new foster family to take care of you when you do not feel good or ill?

Do you feel safe in the house (Safe and secured-No threat of abuse both physical, mental and emotional)?

Do you get support and encouragement from your family when needed?

Do you receive the love, care, attention in the family?

Have you any time received any maltreatment from any adult in the family?

Do you have a proper home where you stay in?

Is the house/home safe from all weather (dry, having ventilation and light, roof not licking water. Rooms are not in dilapidated condition)?

Is your house in a safe surrounding? (in terms of no threat of wild animals, forest, river etc) Does the house have adequate of space for sleeping, reading and toilets?

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Family’s Economic condition related

Do you go to school, even when your family need your support for family occupation?

Or you go to work outside or work in the house?

Does your family have enough money to buy what you need?

Does your foster parents are working regularly and bringing money home?

Are your foster parent/caregivers able to purchase the additional assets for your needs?

Community Are your community people supportive enough to you? related Are you allowed to join in community activities promptly by the community people?

Is your foster family in good relation with community and the community supports your family?

Do you feel comfortable and live happily in the community?

Participation in Do you participate in planning, monitoring decision making and implementation & taking decision in your school? Do teachers give you space to express your opinion?

Are you given chance to work with your friends and take the leadership in school Do you take your own decision & discuss your future planning with your foster family members?

While taking any decision do your family members ask you about your opinion & decision?

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GLOSSERY UNICEF

United Nations Children's Fund

UNCRC

United Nations Convention on the Rights of the Child

UNGA

United Nations General Assembly

NCPA

National Child Protection Authority

WCD

Woman and Child Development

NPAC

National Plan of Action for Children

JJA

Juvenile Justice Act

NCPCR

National Commission for Protection of Child Rights

CCIs

Child Care Institutions

RHP

Rainbow Homes Program

CWC

Child Welfare Committee

NGO

Non-Governmental Organization

CSO

Civil Society Organization

YCDA

Youth Council for Development Alternatives

ICPS

Integrated Child Protection Scheme

DCPU

District Child Protection Unit

DCPO

District Child Protection Officer

SCPS

State Child Protection Society

DCPS

District Child Protection Society

SFCAC

Sponsorship and Foster Care Approval Committee

CARINGS

Child Adoption Resource Information and Guidance System

IEC

Information Education Communication

FAR

Fund for Armenian Relief

NMS

National Minimum Standards

FSC

Family Service Centre

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BSY

Bal Sangopan Yojana

SIR

Social Investigation Report

SAA

Specialised Adoption Agency

CARA

Central Adoption Resource Authority

SARA

Central Adoption Resource Authority

TSD

Training, Support and Development

97

REFERENCES Reports & Articles ❖ SOS Children’s Villages International, University of Bedfordshire, 2014; From a whisper to a shout: a call to end violence against children in alternative care ❖ BOSCO National Research and Documentation Centre, Foster Family Renewed Hope and A New Life- A Study on the Practice of Foster Care for Children In India ❖ What You Can Do About Alternative Care In South Asia, An Advocacy kit ❖ 2017, Udayan Care, Standards of Care in Child Care Institutions ❖ Terre des hommes Foundation, FAQs on Alternative Care for- Children in India: An overview of concept & processes ❖ The Baltic Sea States Regional Report, 2015, Family Support and Alternative Care ❖ UNICEF, Alternative Care Community Practices For Children In Cambodia ❖ Foster care in India-An alternative family based care, Legal Service India E-journal ❖ Picinich, Victoria, "Relative Versus Non-Relative Foster Care:" (2007). Social Work Theses.

6 ❖ Van Ijzendoorn, Marinus H.; Luijk, Maartje P. C. M.; and Juffer, Femmie (2008) "IQ of Children Growing Up in Children’s Homes: A Meta-Analysis on IQ Delays in Orphanages," Merrill-Palmer Quarterly: Vol. 54 : Iss. 3 , Article 4. ❖ Rajagiri Journal of Social Development Volume 11, Number 1, June 2019; Alternative Care in India, Issues and Prospects ❖ 2021, Vrinda Shukla | Indian Express; “Ties that bind: Why India must expand foster care” ❖ 2012, Save the Children; Development Perspectives of Foster Care in Armenia ❖ Linda Verngren and Luong Quang Hung; Developing Foster Care in Vietnam: A Literature Review ❖ Jorge F. del Valle, Amaia Bravo and Mónica López; Foster Care in Spain: Its Establishment and Current Challenges ❖ 2017, The fostering system in England: Evidence review, Department of Education, Govt of UK ❖ 2016, Sir Martin Narey and Mark Owers; Foster Care in England- A Review for the Department for Education, Govt of UK ❖ Child Welfare Information Gateway (2012), Foster Care Statistics 2010 (PDF), Washington, DC: U.S. Department of Health and Human Services, Children's Bureau, p. 4 ❖ Policy Brief: Foster Care in South Africa: Where To From Here? ❖ 12 November 2014; Over a Million Children Fall Through Foster Care Cracks, Ground Up ❖ Elisete Diogo and Francisco Branco; Being a Foster Family in Portugal—Motivations and Experiences ❖ 2017, NCPA to introduce ‘Foster Care’ system in Sri Lanka

❖ 2017, Sri Lanka child authority mulls introducing foster care system ❖ Foster Care in India: Policy Brief; Centre for Law and Policy Research ❖ 2000, Pamela; Kirsten Deichert; Heather Montgomery; Michael J. Austin; Factors Influencing Foster Parents' Decisions to Continue or Cease Foster Parenting ❖ Child Welfare League of America (CWLA). (2007). Hitting the M.A.R.C.: Establishing Foster Care Minimum Adequate Rates for Children.

Internet Sources ❖ https://bettercarenetwork.org/library/the-continuum-of-care/community-based-caremechanisms ❖ https://papersowl.com/examples/foster-care-vs-kinship-care/ ❖ https://cbexpress.acf.hhs.gov/index.cfm?event=website.viewArticles&issueid=212&secti onid=2&articleid=5474 ❖ http://www.cidh.oas.org/Ninez/pdf%20files/Declaration%20on%20Social%20and%20Le gal%20principles%20relating%20to%20the%20protection%20and%20Welfare%20of%20 Children.pdf ❖ https://www.unicef.org.uk/rights-respecting-schools/wpcontent/uploads/sites/4/2017/01/Summary-of-the-UNCRC.pdf ❖ https://resourcecentre.savethechildren.net/pdf/5416.pdf/ ❖ http://cara.nic.in/PDF/JJ%20act%202015.pdf ❖ http://cara.nic.in/PDF/english%20model%20rule.pdf ❖ https://www.ijalr.in/2020/10/concept-of-foster-care-in-india.html ❖ https://sarkariyojana.com/bal-sangopan-yojana/ ❖ http://sjd.kerala.gov.in/scheme-info.php?scheme_id=IDEyMnNWOHVxUiN2eQ== ❖ https://www.indiafilings.com/learn/mukhyamantri-palanhar-yojana/ ❖ http://dwcd.goa.gov.in/wp-content/uploads/2017/12/FostercareschemeandPrabhat.pdf ❖ https://www.unicef.org/armenia/en/stories/karolinas-journey-orphanage-family ❖ https://www.thefosteringnetwork.org.uk/policy-practice/policies/fostering-legislationin-england ❖ https://www.gov.uk/government/statistics/fostering-in-england-1-april-2020-to-31march-2021/fostering-in-england-2020-to-2021-main-findings ❖ https://wehavekids.com/adoption-fostering/What-does-being-a-foster-parent-reallypay ❖ www.groundup.org.za/article/overmillion-children-fall-through-foster care-cracks_2438 ❖ https://eurochild.org/news/foster-care-system-in-portugal-challenges-andimprovements/ ❖ http://www.bbc.com/news/world-south-asia-14857783 ❖ https://www.donboscoindia.com/english/bis/default_ms.php?newsid=7648 ❖ https://www.sos-childrensvillages.org/our-work/quality-care/alternative-care/types-ofalternative-care

❖ https://ycdaindia.org/ ❖ https://www.snehasadan.org/index.html ❖ https://www.fscmumbai.org/Adoption.html#bsy ❖ http://www.education.gov.uk/childrenandyoungpeople/families/fostercare/fostercarest and/b00203661/nationalstandardsforfostercarers

Legal Documents ❖ Third/fourth report to the UN Committee on the Rights of the Child (2012), ch. 4, para. 40 ❖ Integrated Child Protection Scheme (ICPS) 2009 ❖ The Juvenile Justice (Care and Protection of Children) Act, 2000 (JJ Act) ❖ Juvenile Justice (Care and Protection of Children) Model Rules, 2016 ❖ The UN Convention on the Rights of the Child, (1989) ❖ UN Guidelines for Alternative Care for Children, (2009) ❖ Model Guidelines of Foster Care, Ministry of Women and Child Development, 2016

About Rainbow Homes Program The Rainbow Homes Program aims to protect, care for, educate and empower our most disadvantaged children. These include children who live on city streets; orphaned, abandoned, and violenceaffected children; working children; children of farmer – suicide and starvation families; and children of sex workers. We strive to ensure that these children access their rights in loving, open and safe residential care homes in government schools and buildings; and for them to grow into happy, responsible and caring citizens.

RAINBOW HOMES PROGRAM

Vjaya Lakshmi Avenue Flat No: 2&3, H. No. :1-3-183/40/21/53, Road Number: 5, P&T colony, Gandhinagar, Hyderabad -500080 Ph: 040- 27660017 Website: www.rainbowhome.in