The Indian government has recently clarified a significant policy regarding foster care, announcing that children under the age of six are explicitly not eligible for placement. This crucial decision was made to resolve lingering ambiguities and ensure consistent application of the new regulations across the country.
Last week, the Central Adoption Resource Authority (CARA), the apex statutory body for adoption in India, issued an official memorandum to all concerned agencies. The memorandum specifically referenced Rule 23(3) of the Juvenile Justice Rules and point 4(1) of the Model Foster Care Guidelines. Both documents clearly state that only children aged six years and above are eligible for foster care placement, under specific circumstances outlined in Rule 44 of the Act.
CARA acknowledged that various agencies had previously raised questions about the interpretation of these guidelines, highlighting the need for a definitive clarification from the central authority.
The memorandum unequivocally reiterates: “Therefore, it is reiterated that no child who is less than six years of age shall be placed under Foster Care… Any deviation from this would be construed as a violation of said Rule and Model Foster Care Guidelines, 2024.” This firm stance underscores the government’s commitment to strict adherence to the established legal framework.
To ensure uniform understanding and implementation, the directive has been disseminated to all State Adoption Resource Agencies (SARAs), District Child Protection Units (DCPUs), and Specialised Adoption Agencies (SAAs) across India.
Foster care is a vital, alternative family-based care system. It is designed for children who, for various reasons, cannot be looked after by their biological parents but have not yet been declared legally free for adoption. This system provides a nurturing environment outside traditional institutional settings.
Official data indicates a significant positive trend in non-institutional child care. The number of children benefiting from programs such as sponsorship, foster care, and aftercare has seen a remarkable fourfold increase between the financial years 2021-22 and 2023-24.
Starting with 29,331 children covered by non-institutional care in 2021-22, the numbers rose to 62,675 in 2022-23, and further surged to an impressive 1,21,861 in 2023-24. This growth reflects the increasing emphasis and success of community-based child protection initiatives.