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Sep 273 min read

What Legal Issues Arise in Fostering Children

The Concept Of Foster Care Was First Adopted By The Central Government In 1960. Maharashtra Introduced The First Non-Institutional Scheme In 1972. The Scheme Was Revised In 2005 As The Bal Sango pan Scheme. The Juvenile Justice (Care And Protection Of Children) Act, 2015,And The Integrated Child Protection Scheme, 2009 Have The Provisions For Foster Care.

Reasons For Foster Care


  • Abuse: Abuse Is The Most Common Reason For Foster Care. The Physical And Sexual Abuse Of A Child In His Own Family Leaves A Great Impact Upon His Life Which Makes It Essential To Take Him Out Of That Circumstances. The Child Is Sent Into Foster Care For Safeguard In These Situations.

  • Imprisonment: When The Parents Are Imprisoned, The Child Is Sent To The Care Of Friends Or Other Family Members. The Child May Be Sent To Foster Care.

  • Ignorance: When The Child Does Not Receive The Basic Necessities Of Life, Then The Child May Be Sent Into Foster Care. The Basic Necessities Include Adequate Food And Clean Living Conditions.



  • Licensing Procedure: The Parents Have To Complete The Licensing Procedure To Foster A Child. The Procedure Involves Interviews, Background Checks, Home Visits, Etc.

  • Planning For The Future: As Each Foster Situation Is Different, It Is Difficult To Plan For Their Future. The Ultimate Aim Of Foster Care Is To Reunite The Child With The Biological Family, How Much Time It Will Take To Reunite With The Family Is Not Known. The Foster Family Cannot Plan Any Future Events With The Child. The Reunification May Also Depend Upon The Experience Of Abuse Or Neglect And The Child's Behavior.

  • Legal Guardians: The Foster Parents Are Not The Legal Guardians Of The Child. Many Times In Medical Treatment, The Signature Of A Legal Guardian Is Required. For This, The Foster Parents Have To Contact The Biological Parents Or Any Other Legal Guardian. It May Irritate The Foster Parents, As They May Need To Rework Their Schedules To Account For The Delays.

  • Assessment Of Needs: Before Recruiting Foster Families, It Is Important To Assess Their Needs. They Might Need To Foster A Small Kid Or A School Going Kid. The Data Should Be Prepared For Such Families Based On Their Needs. It Would Be A Waste Of Resources If The Family Wants Young Children And We Place School-Going Children In Their Foster Care. The Demand And Supply Should Match Each Other.

  • Paid Or Unpaid Fostering: There Has Been Debate Regarding Paid And Unpaid Fostering. The Indian Law Requires That The Foster Families Should Be Financially Sound. According To The Model Guidelines For Foster Care Provides For Paying ₹ 2000 Per Child Per Family, Until The Time The Child Continues To Be In Foster Care. Many People's Mindset Is That Financial Support Should Not Be Provided But Some Social Workers Believe That They Must Be Compensated As They Are Taking The Responsibility Of The Child, And It Is An Extension Of State Responsibility.

  • Motivation To Foster: The Most Important Thing To Look For While Recruiting The Family Is The Motivation To Foster. The Prospective Foster Parents, While Submitting Applications Are Asked The Reason Behind The Foster Care. Even In The Home Study Report, They Need To Mention The Reason. The Reason Might Be Because They Want To Help The Child. The Infertile Couple Often Sees Fostering As A Pathway To Adoption. Generally, The Couple Are Not Motivated For Foster Care Due To Financial Aspects.

  • Policy Design And Its Implementation: The New Government Elected Always Desires To Implement New Policies Replacing Old Ones. One Such Policy Was The Integrated Child Protection Scheme, Which Was Launched In 2009. The Aim Was To Reach Out To All Vulnerable Children. The Stakeholders Find It Difficult To Implement Due To Bureaucratic Red-Tapism And Lack Of Finances.

  • Lack Of Political Will: Even After Several Years, The Law Related To Foster Care Is Not Fully Developed. The Reason For This Is The Lack Of Political Will To Foster Children To Implement The Law Properly. The Children Are Not Voters, So The Politicians Give Little Attention To Their Wellbeing.


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