52
NATIONAL HUMAN RIGHTS COMMISSION
any State Government, it shall be regarded as
dereliction of duty on their part by their higher
registration of Child Care Institutions
Any person, or persons, in-charge of an institution
may be prescribed, for inspection to ensure well
being of the children. (5) In cases where children
controlling authority and appropriate departmental
housing children in need of care and protection and
have been placed in foster care for the reason
proceedings shall be initiated.
children in conflict with law, who fails to comply
that their parents have been found to be unfit or
(6) The period of registration of an institution shall
with the provisions of sub-section (1) of section
incapacitated by the Committee, the child’s parents
be five years, and it shall be subject to renewal in
41, shall be punished with imprisonment which
may visit the child in the foster family at regular
every five years.
may extend to one year or a fine of not less than
intervals, unless the Committee feels that such
(7) The State Government may, after following
one lakh rupees or both: Provided that every thirty
visits are not in the best interest of the child, for
the procedure as may be prescribed, cancel or
days delay in applying for registration shall be
reasons to be recorded therefor; and eventually,
withhold registration, as the case may be, of such
considered as a separate offence.
the child may return to the parent’s homes once
institutions which fail to provide rehabilitation and
the parents are determined by the Committee to
Section 44 of JJ Act,2015: Foster care.—(1) The
reintegration services as specified in section 53 and
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till such time that the registration of an institution
children in need of care and protection may be
shall be responsible for providing education,
is renewed or granted, the State Government shall
placed in foster care, including group foster care
health and nutrition to the child and shall ensure
manage the institution.
for their care and protection through orders of the
the overall well being of the child in such manner,
(8) Any child care institution registered under this
Committee, after following the procedure as may be
as may be prescribed. (7) The State Government
section shall be duty bound to admit children,
prescribed in this regard, in a family which does not
may make rules for the purpose of defining the
subject to the capacity of the institution, as directed
include the child’s biological or adoptive parents
procedure, criteria and the manner in which foster
by the Committee, whether they are receiving
or in an unrelated family recognised as suitable for
care services shall be provided for children. (8) The
grants from the Central Government or, as the case
the purpose by the State Government, for a short or
inspection of foster families shall be conducted
may be, the State Government or not.
extended period of time.
every month by the Committee in the form as may
(9) Notwithstanding anything contained in any
(2) The selection of the foster family shall be
be prescribed to check the well-being of the child
other law for the time being in force, the inspection
based on family’s ability, intent, capacity and prior
and whenever a foster family is found lacking in
committee appointed under section 54, shall have
experience of taking care of children.
taking care of the child, the child shall be removed
the powers to inspect any institution housing
(3) All efforts shall be made to keep siblings
from that foster family and shifted to another foster
children, even if not registered under this Act to
together in foster families, unless it is in their best
family as the Committee may deem fit. (9) No child
determine whether such institution is housing
interest not to be kept together.
regarded as adoptable by the Committee shall be
children in need of care and protection.
(4) The State Government, after taking into account
given for long-term foster care.
be fit to take care of the child. (6) The foster family
the number of children, shall provide monthly
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Section 42 of JJ Act,2015: Penalty for non-
funding for such foster care through District Child
27
Protection Unit after following the procedure, as
adoptive parents.
Section 57 of JJAct,2015: Eligibility of prospective