18/08/2015 1 Guidelines draw support from- (a) Juvenile Justice - - PowerPoint PPT Presentation

Central ntral Ad Adoption ption Resou

• urc

rce Au Autho hority rity Ministry nistry of Women en and Chil hild d Deve velopmen lopment t

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18/08/2015

Guidelines draw support from- (a) Juvenile Justice (Care and Protection of Children) Act, 2000 & Rules framed there under; (b) Hon’ble Supreme Court Judgements in the case of

• L. K. Pandey vs. Union of India in WP (Crl.) No. 1171 of

1982 and in the case of Stephanie Joan Becker vs. State and Anr. (d) UN Convention on the Rights of the Child, 1989; (e) The Hague Convention on Protection of Children and Cooperation in respect of Inter-country Adoption, 1993.

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 “Adoption” is the process which provides

adopted child all the rights, privileges and responsibilities that are attached to a biological child

 Legal Adoption of orphan, abandoned and

surrendered children is under Chapter IV of the JJ Act, 2000 [Section 41(3)]

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The processes followed for adoption under JJ Act are as per Adoption Guidelines notified by Government of India on 17.7.2015, which has come into effect from 1st August 2015. Guidelines 2015 has replaced Guidelines 2011

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1.

For greater transparency and clarity

2.

Simplify adoption procedure for in/inter country and inter-state adoptions

3.

Minimize delays in adoption process with fixed timelines

4.

Expand adoption base by setting up linkages between SAA and CCI to reach all adoptable children

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• 5. Enable PAPs to take informed decisions
• 6. Introduce e-governance in adoption system
• 7. Revise age criteria
• 8. Streamline inter-country adoption and exclude

ARC Clearance

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New Guidelines contains 6 Chapters and 15 Schedules

 Chapter I : Definitions and eligibility criteria  Chapter II : Procedure relating to children for adoption  Chapter III : Adoption procedure for Resident Indians  Chapter IV : Adoption procedure for NRI, OCI and

foreign PAPs

 Chapter V : Role of agencies and authorities concerned  Chapter VI : Miscellaneous provisions

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 Schedule 1- Certificate of CWC Declaring Child

Legally Free for Adoption

 Schedule 2- Child Study Report (CSR)  Schedule 3- Medical Examination Report of Child

(MER)

 Schedule 4- Deed of Surrender  Schedule 5- Online Registration Form and List of

Documents to be Uploaded

 Schedule 6- Format of Home Study Report (HSR)

for PAPs in India

 Schedule 7- Pre-Adoption Foster Care Undertaking

(Affidavit)

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 Schedule 8- List of Documents to be Filed along

with Adoption petition in the Court

 Schedule 9- No Objection Certificate from CARA  Schedule 10- Conformity Certificate from CARA  Schedule 11- Post- Placement Report of Child  Schedule 12- Minimum Standards of Child Care in

SAAs

 Schedule 13- Adoption Expenses  Schedule 14- Timelines for Concerned Authorities

and Agencies

 Schedule 15- Format for Quarterly Adoption Data for

SAAs

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 Central Adoption Resource Authority(CARA)

www.cara.nic.in

 States & UTs: 36  State Adoption Resource Agencies(SARA): 30  Child Welfare Committees(CWC): 600 Approx.  District Child Protection Units(DCPU): 600 Approx.  Specialised Adoption Agencies(SAA): 411  Foreign Agencies/Central Authorities: 80+74=154  Courts (District Court, Family Court and City Civil

Court)

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 Parents register online on CARINGS

(www.cara.nic.in)

 Select preferred Adoption Agency for HSR (Home

Study Report) and State

 User ID and Password generated  Upload documents within 30 days of registration  Registration number generated  Specialised Adoption Agency (SAA) conducts Home

Study Report (HSR) of the PAPs and uploads it on CARINGS within 30 days from the date of submission of required documents on CARINGS

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 Suitability of PAPs is determined (if not not

found suitable, PAPs informed with reasons for rejection)

 PAPs reserve one child, as per their preference

from upto 6 children

 PAPs visit the adoption agency within 15 days

from the date of reservation and finalize

 If the child is not finalized within stipulated time,

the PAPs come down in the seniority list

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 On acceptance of the child by the PAPs, SAA

completes the referral and adoption process (on CARINGS)

 PAPs take the child in pre-adoption foster care

and SAA files petition in the court

 Adoption Court order issued  Post-adoption follow-up report is conducted for a

period of two years.

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Children would move automatically from in-country adoption to inter-country adoption by CARINGS following time schedule as below:

• after 60 days, if the child is below 5 years of age;
• after 30 days, if the child is above 5 years of age or is a

sibling;

• after 15 days, if the child has any intellectual or physical

disability.

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 PAPs residing in foreign country to contact the

nearest AFAA or CA for registration to adopt a child from India

 Foreign citizens residing in India, have to register

• nline on CARINGS

 HSR and documents are uploaded online on

CARINGS by Authorised Foreign Adoption Agency(AFAA)/Central Authority(CA)

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 HSR approved by CARA  AFAA reserves one child out of 2 children as per

preference of PAPs within 96 hours

 If the child is not finalized within 30 days, PAPs

would loose seniority

 SAA completes the referral and adoption process

( on CARINGS)

 Original dossier sent by AFAA/CA to SAA for

submission to competent court

 Permission from receiving country under Art 5/17  NOC issued by CARA

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 Court Order issued by competent Court  Conformity Certificate issued by CARA  Departure of child to the receiving country  Citizenship to the adopted child is granted by the

concerned Authority/Department in the country of the nationality of PAPs

 Post-adoption follow-up is conducted for a period

• f two years by the receiving country

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 No of children legally free for adoption:  No of Normal children:  No of special needs children:  No of PAPs waiting(In-country):  No of PAPs waiting(inter-country):

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 Registering all CCIs in the States under the JJ

Act u/s 34(3)

 Recognising one SAA in each district  Setting up linkage of SAA with CCIs in the

district and monitoring by SCPU

 Ensuring DCPUs to register on CARINGS  Ensuring linkage of all adoptable children

residing in CCIs to SAA

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 Strengthening of SARA to liason with CARA on

day to day basis.

 Capacity building of SAA/CWC/DCPU on New

Adoption Guidelines and CARINGS

 Launching multi-media campaign to promote

legal adoption

 Taking

effective action against defaulting adoption agencies, unregistered CCIs and illegal adoptions

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6(2)

SAA to produce an abandoned child before the CWC along with a report containing his photograph and particulars. Within 24 hours (excluding journey period).

6(4) & 7(2)

SAA to enter the details of the child along with his photograph online in the CARINGS. Within 72 hours from the time of receiving the child.

6(5)

DCPU to advertise the particulars and photograph of an abandoned child in a state level newspaper having wide circulation and local cable networks, wherever existing. Within 72 hours from the time of receiving the child.

6(9)

DCPU to submit a report to the CWC on the efforts made by it for tracing out the biological parents/legal guardian

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an abandoned child, including the outcome of the particulars and photograph of the child in the newspapers. Within 30 days from the date of the order of the CWC for the same.

6(10) SAA to submit a report to the CWC regarding

the efforts made by it to trace the biological parent(s) or legal guardian of the abandoned child. Within 30 days from the date the child is received for interim care by the

• rder of CWC.

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6(14) & 7(16)

SAA to upload the Child Study Report (CSR) and Medical Examination Report (MER) along with latest photograph of the child. Within ten days from the date

• f declaration of the child as

legally free for adoption by CWC.

8(1)(a) A normal child up to 05 years of age to

be available for adoption by a Resident Indian (RI) and NRI PAPs. For 60 days from the date the child is declared legally free for adoption by the CWC.

8(1)(b) An older child above 5 years of age and

siblings to be available for inter-country adoption. 30 days from the date the child is declared legally free for adoption by the CWC.

8(1)(c) A mentally and physically challenged

child to be available for inter-country adoption. 15 days from the date the child is declared legally free for adoption by the CWC.

6(14) & 7(16)

SAA to upload the Child Study Report (CSR) and Medical Examination Report (MER) along with latest photograph of the child. Within ten days from the date

• f declaration of the child as

legally free for adoption by CWC.

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9(4 & 5) 5)

Home Study Report (HSR)

• f the PAPs to be completed

by the social worker authorized by SAA or SARA Within 30 days from the date

• f

submission

• f

required documents in CARINGS.

10(3)

PAPs to reserve

• ne

child shown as per their preference

• n CARINGS.

Within 48 hours from the date and time of referral.

10(6)

Selection of a child by PAPs Within 15 days from the date

• f reserving the child.

12(1)

SAA to file adoption petition in the Court Within seven days from the date of acceptance of the child by the PAPs.

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12(4) (4)

Disposal of the adoption petition by the Court Within two months from the date of filing

• f the petition.

12(5)

SAA to obtain a certified copy of the adoption order from the Court, to forward the same to the PAPs and also to post the same in the CARINGS. Within ten days from the date of adoption

• rder.

12(7)

SAA to obtain the birth certificate of the child from the issuing authority and to post the same in the CARINGS/forward to the PAPs. Within ten days from the date of receipt of certified copy of the adoption order.

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16 16(7) Res Reserv ervati ation of

• f one ch

child by by th the PAPs

• ut of
• f two ch

children ren refer referred red from rom CA CARI RINGS GS th through the AFAA FAA/C /CA/Go Govt vt Departm rtmen ent/ t/Ind Indian Missio sion Within 96 96 hours 16 (10) Acceptance of the child by the PAPs Within 30 days 17(1) NOC by CARA Within ten days from the date

• f

acceptance of the child by the PAPs and approval of the Central Authority (CA). 18(1) SAA to file adoption petition in the Court Within seven days from the date of acceptance of the child by the PAPs. 18(3) Disposal of the adoption petition by the Court Within two months from the date of filing

• f the petition.

18(4) SAA to obtain a certified copy of the adoption order from the Court and to post the same in the CARINGS and forward it to the AFAA/CA. Within ten days from the date of adoption

• rder.

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19 19(1) & (2) CA CARA RA sh shall infor form the con concer cerned immigr gration author

• rities

ties and the Fo Fore reign gner ers Reg Regional Re Regi gist stration

• n Office

Office (FRR RRO) abo bout con confirmati tion

• n of
• f

adoption

• n.

With thin th thre ree wor

• rkin

king days from from th the date te

• f
• f

availability ty

• f
• f

adoption

• n order.

19(3) SAA to submit application to the Regional Passport Officer (RPO) for the passport to the child. Within three working days from the date

• f

availability

• f

adoption order. 19(4) RPO to issue the passport to the child Within ten days from the date

• f receipt of application for the

same. 19(5) Foreigners Regional Registration Office (FRRO) to issue exit visa to the adopted child, where ever required. Within three working days from the date of online submission

• f application along with all

supporting documents. 19(6) SAA to obtain the birth certificate of the child from the issuing authority and to post the same in the CARINGS and forward it to the concerned AFAA/CA. Within ten days from the date

• f receipt of certified copy of

the adoption order.

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THANK NK YO YOU

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