Chapter III

ROLE OF THE STATE GOVERNMENTS/UNION TERRITORY ADMINISTRATION

List of Children's Home

3.1 The State Governments (the term "State Government" shall include Union Territory Administration wherever applicable) shall maintain a list of all children's homes being run for the maintenance of destitute, abandoned, orphaned, delinquent or neglected children by voluntary/private organizations, which are registered, recognized or licensed under various laws.

List of Adoption Agencies

3.2 -The State Government shall also separately maintain a list of all agencies handling in-country and inter-country adoption of children and shall identify those institutions/agencies, which have children who are legally free for adoption.

3.3 -The State Governments shall recognize Indian adoption agencies for in-country adoption as per the procedure laid down herein and shall forward applications of Indian agencies seeking recognition for inter-country adoption to the Central Adoption Resource Agency after proper verification according to the criteria laid dowrl in these guidelines.

Each State Government shall also:

(i) monitor the adoption program within its jurisdiction and coordinate the activities of placement agencies and VCAs and scrutinizing agencies;

(ii) encourage and promote placement of eligible children on adoption or guardianship with families within the country;

(iii) enforce the Orphanages and other charitable homes (Supervision and Control) Act, 1960 and/or formulate suitable alternate rules in order to maintain certain minimum standards for child care and child welfare institutions;

(iv) inspect organizations which have applied for recognition for inter-country adoption to the Central Adoption Resource Agency and after considering whether the applicant agency fulfils all the requirements as laid down, forward the application to the Central Adoption Resource Agency with its comments, and this process shall be completed within a period of 60 days. If no response is received from the State Government within this period, the Central Adoption Resource Agency shall immediately take up the matter at an appropriate level in the State and if no response is received within a further period of 30 days, it shall presume that the State Government has no objection to the grant of recognition, if the State Government is of the view that the applicant agency should not be recognized, it shall give relevant reasons for taking this view and forward the same to the Central Adoption Resource Agency with its comments;

(v) form an Advisory Committee on adoption, which shall have the following as members:

(a) Secretary, Women & Child Chairman Development/Social Welfare/Panchayat Raj

(b) Director, Welfare/Social Welfare/Member Women & Child Development

(c) Two representatives of placement Member agencies, VCAs and scrutinising agencies operating under the State

(d) Three experts in the field of Member Social and Child welfare.

The Committee shall meet periodically to discuss child welfare measures, specifically ways and means to promote in-country adoption of children. The State Government may also set up an Adoption Cell in the Directorate of Social Welfare to coordinate, regulate and develop the work of adoption and render all assistance to the advisory form on adoption. The tenure of such committee shall be three years.

Inspection of Adoption Agencies

3.4 The State Government shall periodically and at least once a year, inspect or cause to be inspected, all agencies and institutions handling in-country and inter-country adoption as also their papers, documents and activities connected with the service of children, generally, in order to verify:

(i) that adoption as activity is being pursued by the organization as a welfare measure in the interest of children and not as a commercial activity;

(ii) that proper records are being maintained for children admitted to the homes;

(iii) that the children admitted are provided with basic minimum facilities for their care, at least education and development;

(iv) that lists of persons interested in adopting a child or taking a child under guardianship are being maintained by the organization regularly;

(v) that the accounts of the organization are being maintained and audited annually without delay and that the auditor's reports confirm that the accounts are fair and accurate; that any organization which is in receipt of foreign funding is duly registered with the Ministry of Home Affairs and has otherwise compiled with the provisions of the Foreign Contributions (Regulations) Act, 1976;

(vi) that the organization is receiving regular progress reports about the well being of children given in adoption;

(vii) That qualified staff having social work experience are employed by the agency organization to take care of the children or they have access to such staff.

Monitoring of Performance

3.5 The State Government shall call for information and data every quarter from all agencies engaged in adoption in order to monitor the functioning of these agencies. The data shall be called for in a proforma to be prescribed by the Central Adoption Resource Agency.

3.6 The State Government shall take all such measure as are deemed necessary to actively encourage in-country adoption of children in preference to inter-country adoption. Special care/efforts shall be made for rehabilitation of children in orphanages through placement by adoption.