Section 23 in The Juvenile Justice (Care and Protection of Children) Model Rules, 2016
23. Foster Care.
(1)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.(2)The District Child Protection Unit shall be the nodal authority for implementing the foster care programme in a district.(3)All decisions related to placement of a child in foster care shall be taken by the Committee. Children in the age group of six years and above may be considered for placement in foster care in the circumstances mentioned in sub-rule (1) of rule 44 of these rules. Children below six years of age shall be, as far as possible placed in adoption.(4)Children in need of care and protection who are living in community may also be considered for placement in foster care based on the child study report in Form 31 prepared by the District Child Protection Unit.(5)The Committee shall take into consideration the individual care plan and the opinion of the child before deciding the nature of foster care with due regard to his age and maturity.The child shall be informed and prepared throughout the process.(6)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.(7)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.(8)Recognising that every child has the right to grow in a family environment, every attempt shall be made to reunite the child with his biological family, if possible.(9)The Committee before placing the child in foster care shall obtain a Home Study Report of the foster family through the District Child Protection Unit in Form 30.(10)Children with special needs may be considered either for placement in foster family or group foster care, provided the Home Study Report of the foster family supports their fitness or group setting has facilities for care of such children.(11)The number of children placed under group foster care shall not exceed eight children in one unit including biological children of the foster caregiver.(12)The District Child Protection Unit, while selecting foster family shall consider the following, namely:(i)both the spouses must be Indian citizens;(ii)both the spouses must be willing to foster the same child;(iii)both the spouses must be above the age of thirty-five years and must be in good physical, emotional and mental health;(iv)ordinarily the foster family should have an income with which they are able to meet the needs of the child;(v)medical reports of all the members of the foster family residing in the premises should be obtained including reports for Human Immuno Deficiency Virus (HIV), Tuberculosis (TB) and Hepatitis B etc. to determine that they are medically fit; and(vi)the foster family should have adequate space and basic facilities.(13)The District Child Protection Unit, while selecting Group foster care setting shall consider the following illustrative criteria:(i)registration of the group setting under the Act;(ii)recognition as a fit facility by Committee;(iii)existence of child protection policy; and(iv)sufficient space and proper amenities for children.(14)The process for selection of Foster family or Group foster setting shall be notified by the State Government.(15)The Committee shall pass the final order in Form 32 for placing the child in foster care, specifying the period for which the child is placed in foster care.(16)The foster family or group foster care giver shall sign an undertaking for foster-care of the child in Form 33.(17)The District Child Protection Unit shall maintain a record of each child in foster care in Form 34.(18)The Committee shall conduct monthly inspection of the foster families or foster care givers in Form 35 to check the well-being of the child.(19)The foster family or group foster care giver shall:(i)provide adequate food, clothing and shelter and education;(ii)provide care, support and treatment for child's overall physical, emotional and mental health;(iii)ensure protection from exploitation, maltreatment, harm, neglect and abuse;(iv)provide age appropriate facilities for recreation, extra-curricular activities such as sports, music, dance, drama, art, etc.;(v)provide vocational training according to the interests of the child;(vi)respect the privacy of the child and his biological family or guardian, and acknowledge that any information provided about them is confidential and is not to be disclosed to another party without prior consent;(vii)provide treatment in emergent situations and inform the Committee and biological family about the same which may pass appropriate orders wherever necessary;(viii)support contact between the child and his biological family in consultation with the Committee keeping in view the best interest of the child;(ix)share and discuss the information pertaining to the progress of the child periodically with the Committee and biological family of the child and produce the child before the Committee as and when directed by the Committee; and(x)ensure that the child's whereabouts are known at all times, including reporting any changes of address, holiday plans and any episodes of running away of the child to the Committee.
