Rehabilitation and Social Re-integration

Proviso. All efforts shall be made to keep siblings placed in institutional or non-institutional care together, unless it is in their best interest not to be kept together.

Sub-section (2), children in conflict with law. The process shall be undertaken in the observation homes if the child is not released on bail, or in special homes or a place of safety or a fit facility or with a fit person, if placed there by the order of the Board.

Sub-section (3), children in need of care and protection. Those not placed in families for any reason may be placed in a registered institution, or with a fit person or a fit facility, on a temporary or long-term basis, and the process is undertaken wherever the child is so placed.

Sub-section (4), leaving at eighteen. Children in need of care and protection leaving institutional care, and children in conflict with law leaving special homes or a place of safety on attaining eighteen years of age, may be provided financial support as specified in section 46, to help them re-integrate into the mainstream of society.

Section 40: restoration

Sub-section (1). The restoration and protection of a child shall be the prime objective of any Children's Home, Specialised Adoption Agency or open shelter.

Sub-section (2). Each of those shall take such steps as are considered necessary for the restoration and protection of a child deprived of his family environment temporarily or permanently where the child is under their care.

Sub-section (3). The Committee has the power to restore any child in need of care and protection to his parents, guardian or fit person, after determining the suitability of that person to take care of the child, and to give suitable directions.

Explanation. "Restoration and protection of a child" means restoration to (a) parents; (b) adoptive parents; (c) foster parents; (d) guardian; or (e) a fit person.

Sub-section (4), inserted in 2021. The Committee shall submit a quarterly report regarding restored, dead and runaway children to the State Government and the District Magistrate.

Sections 41 and 42: registration, and the penalty

Section 41(1). Notwithstanding anything in any other law, all institutions, whether run by a State Government or by voluntary or non-governmental organisations, which are meant either wholly or partially for housing children in need of care and protection or children in conflict with law, shall be registered under this Act, regardless of whether they are receiving grants from the Central or State Government or not.

Proviso. Institutions holding a valid registration under the 2000 Act on the date of commencement shall be deemed registered under this Act.

Sub-section (2). At registration the State Government shall, after considering the recommendations of the District Magistrate, determine and record the capacity and purpose of the institution, and register it as a Children's Home, open shelter, Specialised Adoption Agency, observation home, special home or place of safety.

Sub-section (3), provisional registration. On an application, the State Government may grant provisional registration within one month, for a maximum period of six months, and shall determine the capacity, which is mentioned in the certificate. Proviso: if the institution does not fulfil the prescribed criteria within the specified period, the provisional registration stands cancelled.

Sub-section (4). If no provisional registration certificate issues within one month, the proof of receipt of the application shall be treated as provisional registration for a maximum of six months.

Sub-section (5). If the application is not disposed of within six months, that shall be regarded as dereliction of duty by the officers concerned, and appropriate departmental proceedings shall be initiated.

Sub-section (6). Registration lasts five years and is renewable every five years.

Sub-section (7). The State Government may cancel or withhold registration of institutions failing to provide the rehabilitation and reintegration services specified in section 53; and until registration is renewed or granted, the State Government shall manage the institution.

Sub-section (8). A registered child care institution is duty bound to admit children, subject to its capacity, as directed by the Committee, whether or not it receives Government grants.

Sub-section (9). The inspection committee appointed under section 54 may inspect any institution housing children, even if not registered, to determine whether it is housing children in need of care and protection.

Section 42, the penalty. Any person in charge of an institution housing children in need of care and protection or children in conflict with law who fails to comply with section 41(1) shall be punished with imprisonment which may extend to one year, or a fine of not less than one lakh rupees, or both. Proviso: every thirty days' delay in applying for registration shall be considered a separate offence.

Section 41(9) and section 42 together are what make registration real. The inspection committee may enter an unregistered institution, and the proviso to section 42 makes delay cumulative.

Sections 43 to 46: the non-institutional alternatives

Section 43, open shelter.

Sub-section (1). The State Government may establish and maintain, itself or through voluntary or non-governmental organisations, as many open shelters as may be required, registered as prescribed.

Sub-section (2). They function as a community based facility for children in need of residential support on a short-term basis, with the object of protecting them from abuse, or weaning them or keeping them away from a life on the streets.

Sub-section (3). They send information every month regarding children availing their services to the District Child Protection Unit and the Committee.

Section 44, foster care.

Sub-section (1). Children in need of care and protection may be placed in foster care, including group foster care, through orders of the Committee, in a family which does not include the child's biological or adoptive parents, or in an unrelated family recognised as suitable by the State Government, for a short or extended period.

Sub-section (2). Selection of the foster family is based on its ability, intent, capacity and prior experience of taking care of children.

Sub-section (3). All efforts shall be made to keep siblings together in foster families, unless it is in their best interest not to be.

Sub-section (4). The State Government shall provide monthly funding for foster care through the District Child Protection Unit, with inspection to ensure the well-being of the children.

Sub-section (5), the parents' visits. Where children have been placed in foster care because their parents were found unfit or incapacitated by the Committee, the parents may visit the child at regular intervals, unless the Committee thinks such visits are not in the child's best interest, for reasons to be recorded; and eventually the child may return to the parents' home once the Committee determines them fit.

Sub-section (6). The foster family is responsible for education, health and nutrition and the overall well-being of the child.

Sub-section (7). The State Government may make rules for the procedure, criteria and manner of foster care.

Sub-section (8). Inspection of foster families shall be conducted every month by the Committee; and where a foster family is found lacking, the child shall be removed and shifted to another foster family as the Committee deems fit.

Sub-section (9). No child regarded as adoptable by the Committee shall be given for long-term foster care.

Section 45, sponsorship.

Sub-section (1). The State Government shall make rules for programmes of sponsorship, individual to individual, group, or community.

Sub-section (2), the criteria. They shall include:

(i) where the mother is a widow, or divorced, or abandoned by the family; (ii) where children are orphans and are living with the extended family; (iii) where parents are victims of a life threatening disease; (iv) where parents are incapacitated due to an accident and unable to take care of the children both financially and physically.

Sub-section (3). The duration is as prescribed.

Sub-section (4). The programme may provide supplementary support to families, to Children's Homes and to special homes, to meet the medical, nutritional, educational and other needs of the children, with a view to improving their quality of life.

Section 46, after care. Any child leaving a child care institution on completion of eighteen years of age may be provided with financial support in order to facilitate the child's re-integration into the mainstream of society, in the manner as may be prescribed.

Read section 46 with the definition in section 2(5): after care is support to persons who have completed eighteen but not twenty-one years and have left institutional care.

A worked example

A girl of eleven is declared a child in need of care and protection. Her mother is a widow with no income.

What is the first thing to consider? Section 39(1): rehabilitation based on her individual care plan and preferably through family based care, that is restoration to the family with or without supervision or sponsorship.

Why sponsorship here? Because section 45(2)(i) names exactly this case, where the mother is a widow, and the programme may give supplementary support to the family to meet medical, nutritional, educational and other needs.

She has a younger brother. All efforts shall be made to keep siblings together, whether in institutional or non-institutional care, proviso to section 39(1), and again in foster families under section 44(3).

The mother cannot cope even with sponsorship. The Committee may order foster care, section 37(1)(e) read with section 44: a family not including her biological or adoptive parents, chosen for its ability, intent, capacity and prior experience, with monthly State funding through the District Child Protection Unit.

Can the mother see her? Yes. Where the placement is because the parent was found unfit or incapacitated, she may visit at regular intervals, unless the Committee records reasons that visits are not in the child's best interest; and the child may return once the Committee determines the parent fit, section 44(5).

The foster family neglects her. The Committee inspects foster families every month, and where one is found lacking the child shall be removed and shifted to another, section 44(8).

A prospective adoptive couple ask for her in long-term foster care. If she has been regarded as adoptable by the Committee, she may not be given for long-term foster care, section 44(9).

Change the facts: a home is found to be housing twenty children without registration. That is a breach of section 41(1), which covers all institutions, wholly or partially for such children, whether or not they receive grants. The person in charge is punishable with imprisonment up to one year, or a fine of not less than one lakh rupees, or both, and every thirty days' delay in applying is a separate offence, section 42.

Can it be inspected before registration? Yes. The inspection committee under section 54 may inspect any institution housing children, even if not registered, section 41(9).

Finally, a boy leaves a Children's Home on turning eighteen. He may be provided financial support to facilitate his re-integration into the mainstream of society, sections 39(4) and 46.

Distinctions

What this does NOT mean

Rehabilitation does not mean an institution. Section 39(1) prefers family based care, and the institution appears in sub-section (3) as what happens when a child is not placed in families for any reason.

Restoration is not only to parents. The Explanation to section 40 includes adoptive parents, foster parents, a guardian and a fit person.

Foster care is not adoption. A child regarded as adoptable may not be given for long-term foster care, and the parents of a child in foster care may visit and may get him back once found fit.

Registration is not confined to grant-aided homes. Section 41(1) says regardless of whether they are receiving grants, and the inspection power in sub-section (9) reaches the unregistered.

And after care is not charity. Sections 39(4) and 46 make it part of the rehabilitation process for children leaving institutions at eighteen.

Quick revision

• 39: rehabilitation on the individual care plan, preferably family based, that is restoration, sponsorship, adoption or foster care; siblings kept together; children in conflict with law rehabilitated in observation homes, special homes, a place of safety, a fit facility or with a fit person; others in registered institutions, a fit person or fit facility; financial support under section 46 on leaving at eighteen.
• 40: restoration is the prime objective of a Children's Home, Specialised Adoption Agency or open shelter; the Committee restores after determining suitability; restoration means to parents, adoptive parents, foster parents, guardian or fit person; quarterly report on restored, dead and runaway children to the State Government and District Magistrate.
• 41 and 42: all institutions must register, grant-aided or not; capacity and purpose recorded on the District Magistrate's recommendation; provisional registration in one month for six months; non-disposal in six months is dereliction of duty; term five years; cancellation for failing section 53 services, with the State managing meanwhile; duty to admit as the Committee directs; inspection even of unregistered institutions; penalty one year or not less than one lakh or both, with every thirty days a separate offence.
• 43 to 46: open shelters, community based and short-term, reporting monthly; foster care by the Committee's order, selection on ability, intent, capacity and experience, monthly State funding, parental visits where the parent was found unfit, monthly inspection and removal from a lacking family, and no long-term foster care for an adoptable child; sponsorship on the four criteria; after care for a child leaving an institution at eighteen.

Test yourself

1. How is rehabilitation to be undertaken? Based on the individual care plan of the child, and preferably through family based care, such as restoration to the family or guardian with or without supervision or sponsorship, or adoption, or foster care, section 39(1).

2. What does restoration mean under section 40? Restoration to parents, adoptive parents, foster parents, a guardian or a fit person, per the Explanation to that section.

3. Which institutions must be registered? All institutions, whether run by a State Government or by voluntary or non-governmental organisations, meant wholly or partially for housing children in need of care and protection or children in conflict with law, regardless of whether they receive Government grants, section 41(1).

4. What is the penalty for non-registration? Imprisonment which may extend to one year, or a fine of not less than one lakh rupees, or both; and every thirty days' delay in applying for registration is a separate offence, section 42.

5. Name the criteria for sponsorship. Where the mother is a widow, divorced or abandoned by the family; where children are orphans living with the extended family; where parents are victims of a life threatening disease; and where parents are incapacitated due to an accident and unable to care for the children financially and physically, section 45(2).

6. How often are foster families inspected, and what follows a bad report? Every month, by the Committee; and where a foster family is found lacking in taking care of the child, the child shall be removed and shifted to another foster family as the Committee deems fit, section 44(8).

7. Can an adoptable child be placed in long-term foster care? No. Section 44(9) provides that no child regarded as adoptable by the Committee shall be given for long-term foster care.