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 26 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 25 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

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