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Union of India - Section

Section 25 in Adoption Regulations, 2017

25. Suspension or revocation of recognition of Specialized Adoption Agency.

(1)The State Government, shall act upon, suo-motu or on the recommendation of State Adoption Resource Agency or the Authority, either suspend or revoke the recognition granted to a Specialized Adoption Agency on any of the grounds specified in sub-regulation (2).
(2)The recognition of a Specialized Adoption Agency may be suspended on any one or more of the following grounds, namely:-
(a)violation of any of the provisions of these Act or the rules made thereunder, relating to adoption as well as these regulations;
(b)furnishing false information or forged documents to State Adoption Resource Agency or the State Government or the Authority or in Child Adoption Resource Information and Guidance System;
(c)incomplete or false information to prospective adoptive parents, Child Welfare Committee or District Child Protection Unit about the child or any adoption related process;
(d)failure to update data online in the Child Adoption Resource Information and Guidance System;
(e)failure to submit reports or data within the time limits specified in these regulations;
(f)adverse findings of the inspection team of the Central Government, the Authority, State Government or State Adoption Resource Agency concerned, regarding the functioning of the Specialized Adoption Agency;
(g)if professional social worker and qualified child care staff are not employed;
(h)financial irregularities or malpractices or receiving any donation whether in kind or cash from prospective adoptive parents or adoptive parents;
(i)misuse or diversion of adoption fee or grant received from the Government for the purposes other than the purposes for which they were received;
(j)unethical practices which may also include inducing single mothers or biological parents to relinquish their child or illegally sourcing the child;
(k)divulging information of biological mother or parents or adoptee to public in violation of the principles of confidentiality;
(l)non-compliance of instructions issued from time to time by the Authority, State Government concerned or the State Adoption Resource Agency; and
(m)abuse or neglect of children in the Specialized Adoption Agency.
(3)No order for suspension or revocation of authorization shall be passed without giving an opportunity to the agency to offer its explanation.
(4)After suspension of recognition of a Specialized Adoption Agency, the State Government or the State Adoption Resource Agency concerned shall conduct necessary inquiries within a maximum period of six months, and if charges are proven, the State Government concerned shall revoke the recognition of the Specialized Adoption Agency.
(5)In case of revocation of recognition of a Specialized Adoption Agency, the State Government concerned shall prepare an alternate rehabilitation plan for the children in that home, including shifting them to another Specialized Adoption Agency, within thirty days.
(6)In the event of suspension or revocation of recognition of the Specialized Adoption Agency, the cases where referrals have been accepted by the prospective adoptive parents shall be allowed to proceed for final adoption, subject to all other provisions of these regulations being fulfilled.