Working Towards
Policy Changes using
Data-based Evidence
Research and Advocacy
The Jena Committee Report 2018 showed 55000+ potentially adoptable children languishing in CCIs. Abandoned, orphaned, and other vulnerable children NOT evaluated for adoption eligibility
Currently, only 1 of every 200 children in CCIs gets evaluated and become legally adoptable. Each of the following child categories needs to be evaluated but currently lacks effective implementation and supportive policies:
Abandoned and Orphaned children without guardians
Orphaned children with a listed guardian, who is not raising
them
Children with parents, who are not raising them
WAIC has been working on the ground for the past 18 months and has digitized data of close to 8500 children. A few children we met are:
Suraj, Krishna, Surabhi, Kriti & Kshama should have reached a forever family if our policies supported the WCD authorities to evaluate them for adoption. We have seen that countries like the USA have laws which require a permanent plan for every child in the system.
According to our work and study here are some of the changes that can be made in the JJ Act. We will continue to present these changes in front of the WCD Department to ensure a child’s right to a family is fulfilled
| Details | India | US |
|---|---|---|
| Policies highlight that child is central | yes | yes |
| Defined Policy on child adopation eligibility | yes | yes |
| Defined eligibility criteria for PAPs | yes | yes |
| JJ Act has loosely defined concept of orphan children and abandoned children. is nothing defined for negclected children is CCIs other difference are as highlighted below | ||
| Permanent Plan for child | Not Defined | Federal and state laws require finding a safe, appropeiate and permanent home for any child placed into institutional/foster care. Permanency that is ensuring children have long term, eduring connections to family or other caring adults is one of the three primary goals of the child welfare system along with safety And child well being. |
| Permanency hearing | Not Defined | A permanency Hearing must be held within 12 months after a child Is Placed into protective Custody. At This hearing, the Court Orders a pemanent plan for the child. Mandates that permanency Hearings be helds Every 12 months. |
| (TRPR) Termination of parental Right(Important for Orphan Kids and Gradually Abandoned kids beings brought under the adoption pool) | Not Defined | Requires that states terminate Parental rights for children who have been in institutinal/Foster Care for 15 out of the last 22 months. this is then followed by rules around a permanent plan for the child. The Child should be living with a guardian for TPR not to becomes applicable, else this is the stated mandate for all kids in institional/foster care. Hence merely having a guardian does not mean the child is cared for and has a permant plan. |
changes in front of the WCD Department to ensure a child’s right to a family is fulfilled
| Minimum Visitation requirement | Mandate a minimum of ONE visit per month by the family. If a Child has not been visited by family for 6 months, initiate an adopation inquiry. |
|---|---|
| Define neglect & cruely by parents/Guardians | If the child has been sexually abused, forced into labour and begging, forced into child marriage If the child has been left in the shelter and not visited. |
| Termination Of Parents/Guardians rights | Parents/Guardians who is unwilling or incapable of raising the child. If the parents/Guardians has not fulfilled the minimum visitation reqirement e.g has not visited their ward in 6 months. |
| Define Permanent Plan | Ensuring that children have long terms, enduring connections to a capable and responsible family. |
| Mandated Reviews/Permanency Hearing | Permanency or periodic review of children with no visit in 6 months, within 24-48 hours in front of CWC for adopation eligibity checkMandate DCPU to Produce a monthly report on children in CCls with reasons for a shelter stay. |
| Child's Right to a Family | Prioritize putting the child with a capable, responsible family over growing up in shelters/CCIs.Set escalating penalties to CCI for denying a child's 'Right to Family' if they are found eligible for adoptionAllow only linked CCls to accept children. |
| Allow only linked CCls to accepts children | All shelters housing vulnerable children and SAAS to be linked. No legally adoptable child will move out of a SAA unless the new CCI/shelter is linked to a SAA.Prohibit CWC/DCPU to move a child if CCI/shelter is not linked to SAA. |
Mandate a minimum of ONE visit per month by the family. If a Child has not been visited by family for 6 months, initiate an adopation inquiry.
If the child has been sexually abused, forced into labour and begging, forced into child marriage If the child has been left in the shelter and not visited.
Parents/Guardians who is unwilling or incapable of raising the child. If the parents/Guardians has not fulfilled the minimum visitation reqirement e.g has not visited their ward in 6 months.
Ensuring that children have long terms, enduring connections to a capable and responsible family.
Permanency or periodic review of children with no visit in 6 months, within 24-48 hours in front of CWC for adopation eligibity check. Mandate DCPU to Produce a monthly report on children in CCls with reasons for a shelter stay.
Prioritize putting the child with a capable, responsible family over growing up in shelters/CCIs. Set escalating penalties to CCI for denying a child’s ‘Right to Family’ if they are found eligible for adoption Allow only linked CCls to accept children.
All shelters housing vulnerable children and SAAS to be linked. No legally adoptable child will move out of a SAA unless the new CCI/shelter is linked to a SAA. Prohibit CWC/DCPU to move a child if CCI/shelter is not linked to SAA.