NEW FOSTER CARE RULES IN INDIA

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Context: The Women and Child Development (WCD) Ministry has expanded foster care to include single individuals of any marital status, allowing them to foster and potentially adopt children after two years. 

	Foster Care	Adoption
Definition	●Temporary care arrangement where a child lives with a non-biological family until they can either return to their biological family or be placed for adoption.	●Permanent legal process where a child becomes a full member of a new family, with the same rights as a biological child.
Duration	●Temporary; intended to provide short-term care until a permanent solution is found.	●Permanent; the child becomes a legal member of the adoptive family for life.
Eligibility	●Open to married couples, as well as single individuals (including those who are unmarried, widowed, divorced, or legally separated) as per recent guidelines.	●Involves married couples, but single individuals can also adopt under specific conditions.
Objective	●To provide immediate safety and stability for the child while working towards reunification with the biological family or finding a permanent home.	●To provide a stable, loving, and permanent home for the child.
Rights and Responsibilities	●Limited legal rights and responsibilities; the primary aim is to provide temporary care.	●Full parental rights and responsibilities, including legal and emotional commitments.
Legal Framework	●Governed by the Juvenile Justice Act and Model Foster Care Guidelines.	●Governed by the Juvenile Justice Act and Adoption Regulations.

Details

• The Union Ministry of Women and Child Development (WCD) has recently updated the Model Foster Care Guidelines to broaden the scope of foster care, allowing single individuals to foster children, regardless of their marital status.

Key Changes Introduced in the Model Foster Care Guidelines

Expanded Eligibility	●Who Can Foster: Under the revised Model Foster Care Guidelines, individuals aged 25 to 60 are now eligible to foster children. This includes those who are unmarried, widowed, divorced, or legally separated. Previously, the 2016 guidelines only allowed married couples to foster children. ●Gender Restrictions: Single women can now foster and adopt children of any gender. However, single men are restricted to fostering and adopting male children.
Revised Age Criteria	●For single foster parents, the minimum age is set at 35 years. The maximum age limits are 55 years for fostering a child aged 6 to 12 and 60 years for fostering a child aged 12 to 18. ●Married couples must have a ‘composite age’ of at least 70 years to foster children aged 6 to 12 or 12 to 18 years.
Reduced Mandatory Fostering Period	●The period for mandatory fostering before adoption has been reduced from five years to two years. This change aims to make the adoption process more accessible and less cumbersome.
Online Registration	●Potential foster parents can now register online through the Child Adoption Resource Information and Guidance System (CARINGS). ●CARINGS platform, previously used for adoption, now facilitates the registration and document submission process for foster care.

Impact of the Changes

• Inclusivity and Flexibility:
  • For Single Individuals: Allowing single individuals to foster children opens up new opportunities for those who wish to contribute to child welfare but are not married.
    • This change aligns with the evolving social dynamics and the recognition that capable, caring individuals come from diverse backgrounds.
  • For Children: Children in need of foster care, especially those who are over six years old or have special needs, will benefit from a wider pool of potential foster parents.
• Addressing Inconsistencies: Previously, single individuals could adopt children but were not permitted to foster. The new guidelines resolve this inconsistency, allowing a more comprehensive approach to child welfare.
• Impact on Foster Care System: The updated guidelines may increase awareness and interest in foster care, a system that remains relatively unknown compared to adoption. By making the process more inclusive and accessible, the government hopes to encourage more individuals to consider fostering.

About Foster Care

• Foster care is a temporary arrangement where children are placed in a family setting when their biological parents cannot care for them.
• This arrangement is meant to provide a safe, nurturing environment until a more permanent solution, such as reunification with their biological family or adoption, can be arranged.

How Does Foster Care Work?

• Eligibility and Placement: Children eligible for foster care are usually those who are over the age of six and are living in childcare institutions due to their biological parents being deemed unfit. This includes children who might have special needs or are considered "hard to place."
• Foster Care Process: The process begins with the child being placed with a foster family or individual. The goal is to ensure the child’s safety and stability while efforts are made to either reunite them with their biological family or find a permanent home through adoption.
• Role of Foster Parents: Foster parents provide care, support, and a stable environment for the child. They play a vital role in helping the child adjust, offering emotional support, and often working closely with social workers and biological families.

As of March 2024, there were 1,653 children in foster care across various states and Union Territories. The updated guidelines are expected to increase the number of people willing to become foster parents, thus addressing the ongoing shortage of foster caregivers.

Challenges and Considerations

Awareness and Understanding

• Despite the changes, foster care remains less well-known compared to adoption.
• Many people are unaware of the benefits and processes involved in fostering.
• Increased awareness and education are needed to encourage more individuals to consider fostering.

Temporary Nature of Foster Care

• Foster care is a temporary solution. This can be emotionally challenging for both children and foster parents.
• Children may struggle with the uncertainty of their future, while foster parents may find it difficult to say goodbye when a child is reunified with their biological family or adopted.
• It’s important to provide emotional support and counselling for both foster children and parents.
• Clear communication about the goals and expectations of foster care can help manage these emotional challenges. Support groups and training for foster parents can also be beneficial.

Matching and Placement

• Finding the right match between a child and a foster family can be complex. Factors such as the child’s age, needs, and the foster family’s capabilities must be considered.
• Implementing thorough assessment processes and providing training for social workers can improve matching.
• Ensuring that foster families are well-prepared to meet the specific needs of the children they care for can enhance placement stability.

Way Forward

• Increase Public Awareness and Education: Raise awareness about foster care to encourage more people to become foster parents and understand the needs of children in the system.
• Enhance Training and Support for Foster Parents: Provide foster parents with the tools and resources they need to effectively care for children and manage the challenges of fostering.
• Improve Matching Processes: Ensure that children are placed in foster homes that meet their specific needs and preferences, improving placement outcomes.
• Streamline Legal and Bureaucratic Processes: Simplify the legal and bureaucratic aspects of foster care to make it more accessible and efficient for both foster parents and social workers.
• Address Financial Challenges: Ensure that foster parents receive adequate financial support to cover the costs associated with caring for a child.
• Promote Stability and Long-Term Solutions: Focus on providing stable and long-term solutions for children in foster care, including efforts to reunite them with their biological families or facilitate adoption.

Conclusion

• With the expansion of eligibility, it is important to provide adequate support and training for new foster parents. This includes understanding the responsibilities and emotional challenges of fostering, as well as accessing resources to ensure the well-being of both the child and the foster parent.

Must Read Articles:

Central Adoption Resource Authority (CARA)

Source:

Business Standard

Indian Express

Compass Fostering 

PRACTICE QUESTION Q. Which one of the following is the best example of foster care? A) A child is placed temporarily with relatives while their parents undergo rehabilitation. B) A child is adopted by a couple after being in an orphanage for several years. C) A child is sent to live with a new family permanently due to their parent's inability to care for them. D) A child is placed in a childcare institution while awaiting adoption by a couple.   Answer:  A