CHILD’S RIGHT TO A FAMILY: PROMOTING FOSTER CARE AND ALTERNATIVE PROGRAMMES FOR CHILD PROTECTION IN INDIA

子どもが家族を持つ権利

  • DR. NILIMA MEHTA

                         インド ニリーナ・メータ

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Child Protection in India: An Evolving Scenario

 

Children constitute the most vulnerable section of society and are considered a supremely important asset of our nation. Socio-economic circumstances of a family often result in family crisis and disintegration resulting in child destitution. Institutional care leads to uprooting and separation of the child from his family environment. The negative and painful experiences in large, de-personalised institutions may also result in the “Institutional Child Syndrome”, with long-term emotional, psychological and adjustment problems. The cost of child care in an institution also far outweighs its advantages compared to family based alternatives. Hence it is better to provide financial support to families in crisis through alternate family-based and community-oriented alternatives, so that the child can be looked after within a family environment rather than in institutions.

 

The United Nations Convention on the Rights of the Child (UNCRC) which India ratified in December 1992 emphasises the right of a child to be brought up in a nurturing family environment. There is need for a paradigm shift and have a “Rights Based” approach to child protection at all levels – policy, programme interventions and legislations. We must also try and ensure that the physical, social, emotional and educational needs of the child are met in a secure, nurturing family environment. Based on this rationale, organisations working with Children in Need of Care and Protection (CNCP) and with families “at risk”, should expand their activities to initiate Preventive, Community-Based, Family-Oriented, Non-Institutional Services for the vulnerable child. It is important to create an awareness about this new philosophy to the policy makers, programme developers and the civil society, so that there is a shift in attitudes and perceptions about the CNCP. Effective use of the communication strategies and media will accelerate this change in attitudes and intervention strategies for child protection.

 

Overview of Alternative Non-Institutional Services

 

Adoption

Adoption is the best non-institutional service for the orphaned, destitute child since it provides permanent substitute care in a family. The biological family should be supported and preserved wherever possible and no child should be deprived of care by biological parents solely because of economic need.

When the biological parents relinquish a child permanently, due to circumstances beyond their control, an adoptive family would be the best alternative for the destitute child. Prior to adoption, several formalities need to be completed in order to ensure that the child will receive physical, emotional and financial security in the new home. Pre-adoption counselling prepares a couple to be emotionally ready for adoptive parenthood.

Since a child adjusts best within his own socio-cultural milieu, rehabilitation through In-country adoptions would be the first option after which Inter-country adoptions could be considered for the orphaned child. An urgent review of all orphans and destitute children in the institutions should be undertaken for permanent rehabilitation through adoption, so that children do not languish in an institution, indefinitely.

 

Foster Care

Foster Care provides temporary or long term, substitute care in a foster family for children, whose parents are unable to care for them due to illness, death, desertion of one parent or any other crisis situation. It could also be a service for prevention of abandonment to the single, unwed mother who does not want to give up her child irrevocably in adoption but needs support for a temporary period. In foster care, the child is placed in another family for a short or extended period of time, depending upon circumstances. The child’s birth parents usually visit regularly and eventually after the rehabilitation, they may return to their own homes.

Whilst locating a foster home, it is important to assess the suitability, competence and motivation of the foster parents and the home must be as close as possible to the child’s ethnic, socio-cultural and economic background. This compatibility facilitates the process of adjustment and the transition from the natural home to the foster home and vice versa so that the emotional trauma for the child is minimised. The Foster Care Scheme must provide financial support to the foster family in order to care for the child as well as support to the natural parents towards rehabilitation so that they may take the child back when possible.

 

Sponsorship

The Sponsorship Programme is currently recognised as one of the most effective programmes to provide additional financial support to families who are unable to meet educational and other needs of their children. The sponsorship assistance meets the educational, medical, nutritional and other needs of their children and improves the general quality of life.

The unique feature of sponsorship is that the child is not taken away from the family and continues to enjoy the security of a family environment that is necessary for healthy growth. To work with the family as a unit is a very effective approach in sponsorship.

Through the process of education, the families are empowered to become independent and long-term rehabilitation plans are also worked out for sustainable development. There are various modalities for implementation of this programme like the Individual to Individual sponsorship, Group sponsorship or Community sponsorship.

 

Day-Care / Night-Care Shelter

Day-Care / Night-Care is a related service to foster care where the child is placed in a foster family only during the day or night, as in the case of working mothers or single parents, for the time they are at work. This scheme helps to keep “families at risk” together and who might otherwise have considered full time foster placement or institutionalisation of the child. The NGOs could provide this kind of service by locating families in the neighbourhood who are willing to provide day care facilities and co-ordinate the two. The children can also be looked after in groups as in crèches, day-care centres or night shelters.

 

Family Assistance

This service is especially useful for families “at risk” to help them overcome temporary crisis situations like unemployment or serious family illness that may lead to family breakdown. The goal of all family welfare interventions is to enhance the capacity of the family towards being self-reliant. This scheme provides the families with opportunities for self-employment so that through income-generating schemes, they become financially independent (e.g. vegetable vendors, tailors, cobblers, small home-based business etc.). This is one more scheme that provides support to a family at risk and prevents institutionalisation of children due to economic pressures.

 

Community Centres (Juvenile Guidance Bureaus Family Counselling Centres And Child Guidance Clinics)

Vulnerability and the consequent destitution of children is high in the urban slums and in the lower socio-economic strata. Community-based, outreach services like Counselling Centres, Child Guidance Clinics, Juvenile Guidance Bureaus, Family Service Centres are set up so that communities have easy access to assistance and guidance. These multi-purpose counselling centres are very effective in controlling juvenile crime, family break-ups and institutionalisation of children.

 

Counselling

Counselling is the most integral, intangible component of all the non-institutional services. By providing the necessary emotional support, families who are “at risk” are helped to mobilise their own strengths to cope with crisis situations so that they do not seek institutionalisation of children as a solution to the problem. The counselling service gives them a sense of reassurance that when their own coping mechanisms fail to function effectively, professional intervention will help them tide over the crisis.

 

Juvenile Justice (Care and Protection) Act 2000

 

The Juvenile Justice Act, 2000 has provisions to ensure the child’s right to a nurturing family and environment. This legal provision in this act provides for the development of the foster care programme and ensures protection of the child who is in a vulnerable situation.

 

The Act states as follows:

  1. "child in need of care and protection" means a child -
    1. who is found without any home or settled place or abode and without any ostensible means of subsistence,
    2. who resides with a person (whether a guardian of the child or not) and such person -

-has threatened to kill or injure the child and there is a reasonable likelihood of the threat being carried out, or

-has killed, abused or neglected some other child or children and there is a reasonable likelihood of the child in question being killed, abused or neglected by that person,

    1. who is mentally or physically challenged or ill children or children suffering from terminal diseases or incurable diseases having no one to support or look after,
    2. who has a parent or guardian and such parent or guardian is unfit or incapacitated to exercise control over the child,
    3. who does not have parent and no one is willing to take care of or whose parents have abandoned him or who is missing and run away child and whose parents cannot be found after reasonable injury,
    4. who is being or is likely to be grossly abused, tortured or exploited for the purpose of sexual abuse or illegal acts,
    5. who is found vulnerable and is likely to be inducted into drug abuse or trafficking,
    6. who is being or is likely to be abused for unconscionable gains,
    7. who is victim of any armed conflict, civil commotion or natural calamity;

 “Process of rehabilitation and social reintegration:- The rehabilitation and social reintegration of a child shall begin during the stay of the child in a children's home or special home and the rehabilitation and social reintegration of children shall be carried out alternatively by (i) adoption, (ii) foster care, (iii) sponsorship, and (iv) sending the child to an after-care Organisation.”
 Foster care:- (1) The foster care may be used for temporary placement of those infants who are ultimately to be given for adoption.
(2) In foster care, the child may be placed in another family for a short or extended period of time, depending upon the circumstances where the child's own parent usually visit regularly and eventually after the rehabilitation, where the children may return to their own homes.
(3) The State Government may make rules for the purposes of carrying out the scheme of foster care programme of children.”
 Restoration:- (1) Restoration of and protection to a child shall be the prime objective of any children's home or the shelter home.
(2) The children's home or a shelter home, as the case may be, shall take such steps as are considered necessary for the restoration of and protection to a child deprived of his family environment temporarily or permanently where such child is under the care and protection of a children's home or a shelter home, as the case may be.
(3) The Committee shall have the powers to restore any child in need of care and protection to his parent, guardian, and fit person or fit institution, as the case may be, and give them suitable directions.
Explanation:- For the purposes of this section "restoration of child" means restoration to-
(a)  parents;
(b)  adopted parents;
(c)  foster parents”

 

Foster Care in India – An Overview

Foster care is a child welfare service that provides temporary or long term care in a substitute family for children who are not legally free for adoption, but whose own natural / biological parents are unable to care for them due to severe crisis, death, desertion, illness or any other condition that endangers the best interest of the child. The primary focus of child welfare intervention is the prevention of family disintegration and protecting the Right of the child to be brought up in a nurturing secure family environment. Recognizing the child’s right to a family, it should be ensured that during a temporary crisis or unavoidable circumstances, if the child cannot live with his family of origin / birth, then the next best alternative would be a substitute foster family which is as close in nature and socio-cultural background as his own natural home. Traditionally, the “Children in Need of Care and Protection (CNCP)” in India were looked after by the joint or extended family or in an institution. Today long term Institutional Care is considered as a last alternative and hence there is a need to promote alternative non-institutional services. In the Indian socio-cultural context, since the family and kinship ties are still strong, the child’s own relatives should be encouraged to look after the child, with adequate financial support through the foster care scheme, during difficult / crisis situations.

 

The objective of the foster care programme is to provide temporary or long term care in a substitute family for children who are not legally free for adoption, but whose own parents are unable to care for them due to severe family crisis, death, desertion by one parent, illness or any other condition that is endangering the welfare of the child. The objective of the scheme is also to eventually reunite the child with his own family when the family circumstances improve. It aims at preventing institutionalization of children in especially difficult circumstances by providing care in a substitute family.

 

Types of Foster Care

·        Pre Adoptive Foster Care

·        With prospective adoptive parents who intend to adopt the child

·        Foster Care for children awaiting adoption

·        With foster parents, in the interim period between relinquishment / abandonment and adoption

·        Short Term Foster Care

·        During crisis situations in the family

·        Long Term Foster Care

·        For the child who is not legally free for adoption

·        Children of single parents in crisis situations

·        Foster Day Care / Night Care

·        For single / working parent

·        Care only during day or night

·        Group Homes

·        Care of children in group homes with a maximum of six children

 

Important Aspects of Foster Care

·        Foster care is a family oriented, community based, preventive, non-institutional service for children and families in difficult circumstances.

·        Ensures the Right of the Child to a Family.

·        Prevents institutionalisation of children.

·        Facilitates deinstitutionalisation of children.

·        Aims at reuniting the child with his birth family when the family circumstances improve, and if that is not possible, then identifying other suitable forms of rehabilitation for the child.

 

 

Programme components

Identifying, Assessing the Suitability of a Foster Family

·        Identifying and motivating the relatives or extended family members of the child to become foster parents is important in the Indian context, due to kinship ties. If this is not possible, then families in the neighbourhood or any unrelated foster families, whose socio-cultural environment is similar to the child’s own family of birth should be considered. The child welfare agency must make efforts to identify and recruit foster families who are well motivated, sensitive to the needs of children and have experience in child care. Compatibility of the foster family and foster child should be taken into consideration at the time of selection and assessment of the foster family. A foster family preferably should not foster more than two children at a time unless it is a sibling group. It is essential to prepare a Home Study Report of every foster family based on the format for the Home Study of a foster family.

Eligibility of Children

·        Orphan / Destitute children who are not legally free for adoption or who cannot be adopted

·        Children of single parents who might otherwise consider institutionalisation

·        Children with special needs and from families who are “at risk” of disintegrating or in severe crisis

·        Children who are already in institutions but who can be reinstated / restored into their won families (Deinstitutionalisation)

·        The age of the Children eligible for foster care could be 0-18

Placement, Financial Support, Counselling and Supervision

The child, the birth parents and the foster family should receive adequate preparation prior to placement of the child in foster care. The foster parents will be responsible for providing a nurturing family environment for the child. They would receive a monthly grant for this purpose for a planned period to be reviewed from time to time. The foster family will receive ongoing counselling and supervision during the period of foster care. The agency will maintain regular follow up of the foster placement.

Rehabilitation of birth parents

If the child has birth parents, the final goal is to restore the child back to his parent / family of origin. All efforts should be made to provide support for rehabilitation of the biological parent / family so that the child returns to his family at the earliest.

Awareness creation and community participation

Suitable awareness programmes should be undertaken with a view to encourage more families to come forward to offer foster care services. Create awareness in the community regarding the need and value of foster care as a non-institutional service.

Training, Orientation and Capacity Building

Orientation Training and capacity building programmes for prospective foster families is essential, in order to ensure the quality of child care and understand the needs of foster children. In-service training and orientation of social workers is also essential, in order to implement the scheme effectively and upgrade their knowledge and skills in managing the foster care programme.

 

 

Eligibility of the NGO

The Foster Care Scheme could be implemented by any registered voluntary social child welfare organization having sufficient experience in family and child welfare programmes. The NGO could be a residential institution or an agency having non-institutional services but must have professionally qualified social workers, and adequately trained staff for the effective implementation of the Foster Care Programme.

 

Composition and functions of Foster Care committee

Every NGO undertaking foster care programme shall constitute a Foster Care Committee comprising of two representatives of the agency undertaking the project, the social worker implementing the project, a senior professional social worker from the field of child welfare and a government representative from the Department of Women and Child Development.

 

Mechanism for implementation

a)     The agency implementing the scheme may receive referrals of children from the  Government appointed Child Welfare Committee under the Juvenile Justice Act of 2000, or children in institutions, with a view to deinstitutionalise them, or children directly identified by the agency from the community.

b)     Every six months the agency shall submit to the Directorate of Women and Child Development, the following:-

1)     Utilization certificate of the grant received.

2)     Supervisory follow up report of each child

3)     Consolidated statement of the children in foster care

c)   Finally, it is most important to  assess the suitability, competence and  motivation

of the foster parents, and ensure that foster family is as close as possible to the child’s ethnic, socio-cultural and economic background. This compatibility facilitates the process of adjustment and the transition from the birth family to the foster home and vice versa, so that emotional trauma for the child is minimised. The Foster Care Scheme must provide adequate financial support to the foster family in order to care for the child as well as support to the birth parents towards rehabilitation so that they may take the child back, when possible.

 

Monitoring, Supervision and Follow-up

Regular Supervision and Follow-up are important components of the Foster Care Programme, to ensure its effective implementation and ensure that the child is happy and well adjusted in the foster home.

 

Termination and Evaluation

When the birth family is suitably rehabilitated and in a position to receive the child back, the foster care can be terminated. A regular evaluation and impact study of the Foster Care Programme must be undertaken to study its effectiveness.

 

Learnings from existing Foster Care Programmes

When we look at the international scenario on Foster Care, there are many experiences that need to be used as “Lessons Learnt” from the implementation of Foster Care Services around the world and in India.

·        A Foster Care Programme can be successful only if there is clarity on the concept and practice of Foster Care, and there are adequate supporting professional staff available for the effective implementation.

·        Very thorough assessment of the prospective foster families is necessary to ensure that their motivation to foster is not mainly for financial reasons, but they definitely have a positive and sincere motivation to care for vulnerable children.

·        Sometimes there is resistance from traditional structures like residential homes for children and they are not open to accepting foster care, as it would lead to reduced number of children in their institutions.

·        It is also not easy to find and recruit families who will be willing to take children with special needs, or children with serious behavioural problems.

·        Lack of adequate budget / government resource allocation for family based programmes like foster care programme is a major deterrent for the promotion of this programme. The grant to foster families is inadequate to care for the child.

·        Child’s Right to Participation needs to be also respected, and children need to be consulted in the selection of families and also the duration of foster care in order to have successful foster placements.

·        Need Based selection of foster families is also very important so that children in special situations like disasters or in armed conflict, are not uprooted from their natural environment.

·        In long term foster care there is also the issue of entitlement to family property and inheritance, and the child’s legal status remains ambiguous in these conditions.

·        There are also issues from the government on appropriate utilisation of foster care grants, difficulties of monitoring and supervision of foster homes, because this is relatively difficult when compared to supervision of children in residential institutions.

·        Due to wide socio-cultural differences, and traditional family structures, families are not easily motivated to look after unrelated children from different backgrounds.

·        There is not adequate public awareness about the Foster Care Programmes and hence not many families come forward to be foster carers.

·        There is often need for clarity of roles and functions of various stake holders in the programme so that everyone is able to fulfil their respective responsibilities.

 

For a foster care programme to be successful, it is important to address some of the above issues.

 

Conclusion

 

A paradigm shift from the “Welfare” to the “Developmental”, from the “Needs” to the “Rights” and from “Institutional Care” to “Family Based Alternative Care” are significant changes in intervention strategies for “Families at Risk” and “Children in Need of Care and Protection” (CNCP). The rehabilitation of abandoned and destitute children through residential care has been the practice so far, but the emphasis in future should be on developing family based alternatives and ensuring the child’s Right to a Family.