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Fieldwork Report: Research project - Foster Care in South Asia

PAPER 315: FIELD WORK REPORT

ORGANISATION: UDAYAN CARE


TITLE OF PROJECT: RESEARCH ON
FOSTER CARE MODELS, POLICIES AND
PRACTICES IN SOUTH ASIA
FIELD WORK SUPERVISOR:
Prof. (Dr.) NANDITA BABU
HEAD, DEPT. OF PSYCHOLOGY
UNIVERSITY OF DELHI

SUBMITTED BY- ASMITA SAINI, MA PSYCHOLOGY,


III SEMESTER
Fieldwork Report: Research project - Foster Care in South Asia

CERTIFICATE

This is to certify that the field report has been undertaken at Udayan Care, New Delhi. The
subject matter embedded in the field report, submitted in the partial fulfilment of the requirement
in the requirement of the degree of Masters in Arts in Psychology, University of Delhi, is an
original piece of work carried out by Ms. Asmita Saini and has not been submitted or published
or published to any university or institution for a degree or diploma course.

Date: 10.11.2016

Prof. (Dr.) Nandita Babu Prof. (Dr.) Nandita Babu


(Head of the department) Academic Supervisor
Department of Psychology, Department of Psychology,
University of Delhi University of Delhi

Asmita Saini
M.A. Psychology (Final)
Semester III
Department of Psychology
University of Delhi
Fieldwork Report: Research project - Foster Care in South Asia

ACKNOWLEDGEMENT
This field report would not have been made possible without the support of Department of
Psychology, University of Delhi for helping me in getting this opportunity to work at Udayan
Care.

Firstly, I am extremely grateful to the Research and Advocacy Department and the Volunteer
Department of Udayan Care, New Delhi, where my field training took place. I am really grateful
to my field supervisor Mr. Anirudh Singh Raghuwanshi, Udayan Care, under whom my training
took place. All of this wouldn’t have been possible without his timely briefing, feedback and
guidance.

I would also like to express my sincere gratitude to my Academic Supervisor and Head of the
department Dr. Nandita Babu for her invaluable guidance and encouragement. I would like to
thank her for being very patient and offering valuable guidance on the format, structuring and
coherence of the report.
Fieldwork Report: Research project - Foster Care in South Asia

ABOUT THE ORGANISATION: UDAYAN CARE

Appalled by the stark reality of 31 million orphans in India and shocked by the condition
of institutions housing them, a few like-minded people came together to take serious action. This
intent was the seed which sprouted as Udayan Care - which was registered in 1994, as a Public
Charitable Trust.
Starting with the establishment of just one small family home (Ghar) for orphaned and
abandoned children in Sant Nagar, Delhi in 1996, Udayan Care has spread its work for
disadvantaged groups during the last 22 years by establishing more family homes, helping girls'
education, providing vocational training etc. To date, Udayan Care has nurtured over 15,000
young minds.
A thorough research on models existing for children in need of care & protection and
opportunities for disadvantaged women and youth helped Udayan develop innovative models
across all their initiatives.
In 2014, Govt. Of India, Ministry Of Women and Child Development awarded Udayan Care
National Award for Child Welfare in recognition of its services in the field of child welfare.

Objectives of Udayan Care:

The primary objective of Udayan Care is to provide care, protection and nurturance to
children in need through its group foster care (Udayan Ghars), aftercare services, Udayan Shalini
Fellowships, IT programmes, research, sponsorship, advocacy and other activities.

Services Provided:

Udayan Ghars

Sunshine homes that nurture orphaned children in the warmth of a family.Based on the
belief that a loving home and family is the right of every child, Udayan Ghars are long term
residential homes, where children, who are orphaned or abandoned, are nurtured in a simulated
family environment, from the age of 6-18 years. Through a strategy called L.I.F.E- Living In
Family Environment - this 'Group Foster Care' model ensures children are loved and cared for by
a group of Mentor Parents. Socially committed individuals (volunteers), they groom the children
like their own, with a team of social workers, care givers and supervisors. Our homes are located
Fieldwork Report: Research project - Foster Care in South Asia

in busy, middle class neighbourhoods, so children can reintegrate themselves into society.
Children receive quality education in some of the best schools. Since inception Udayan Ghars
have nurtured 291 children with love and protection. Presently there are 188 children across 13
Udayan Ghars in Delhi & NCR, Kurukshetra and Jaipur, with a vision to reachout to many more
children.

Udayan Shalini Fellowship Programme – USF

Higher education to develop girls into dignified, independent young women

Through financial and mentoring support, USF enables girls from weaker sections of
society to continue higher education. Today, USF’s girls, Shalinis (Dignified Women), are
pursuing prestigious courses like Engineering, Medicine, CA and Computer Science, among
others. Some of the unique features of USF are mentoring and regular motivational workshops to
create a force of sensitive, trained and enlightened citizens. To become socially aware. and
responsible, each girl fulfills 50 hours of social work in a year.USF has supported 2678 girls.
Currently 1447 Shalini’s are undergoing Fellowship in 8 cities - Delhi, Kurukshetra, Gurgaon,
Dehradun, Haridwar, Phagwara, Kolkata and Aurangabad.

Volunteer – Internship Programme

Udayan Care motivates individuals from India and across the globe, to participate
voluntarily in their programmes, enabling them to actively advocate for child rights and serve
society in a sustained manner. Udayan Care's Internship Programme provides a great opportunity
for students to gain on-the-job exposure to the not-for-profit sector, while contributing in their
areas of interest. Udayan Care is grateful for the support of thousands of volunteers from over 20
countries across the globe.

Udayan Care Information Technology & Vocational Training Centres

Udayan Care IT&VT Centres aim to improve livelihood options for youth and women
from underprivileged communities in Delhi & NCR. Courses are heavily subsidised and include
Microsoft certified CTSP ( Community Technology Skills Programme) and computer courses,
spoken English, tailoring, sewing and embroidery, beauty therapy and personal grooming.
Fieldwork Report: Research project - Foster Care in South Asia

Students are also trained in life skills, given career counselling and placement assistance.
Training staff also undergoes capacity building to keep abreast of new technologies. Udayan
Care IT&VT Centres have ensured opportunities to 8455 women and youth who are leading lives
of dignity and self reliance. They consistently aim to enhance the quality of their training and
reach out to more communities.

Big Friend Little Friend Programme

The Big Friend Little Friend Programme is an initiative born out of our belief that
adolescents between 12-17 years, from underprivileged communities, need emotional support
and companionship. The programme connects volunteers (Big Friends) with children from
underprivileged families (Little Friends). In a short span, they have paired 39 Big and Little
Friends and are looking for many more.
Research and Advocacy Unit
A thorough research on models existing for children in need of care & protection and
opportunities for disadvantaged women and youth helped Udayan develop innovative models
across all their initiatives. Udayan Care launched a bi- annual academic journal 'Institutionalized
Children: Explorations and Beyond' (ICEB), in relation to the state of care of children in
institutions and in alternative care, focused on the eight South Asian countries Afghanistan,
Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka. So far 6 issues of the
journal have been released and preparations are on for the seventh issue, slated for March 2017.

Strengths of Organization
Fieldwork Report: Research project - Foster Care in South Asia

1. Believes in making quality impact in the lives of abandoned, orphaned and


disadvantaged children. Every Udayan Ghar has only 10 to 15 children and all their
physical, psychological and social needs are taken care of in the best possible manner.

2. Through the Pragnya Programme, Aftercare programme, Udayan Shalini Fellowship


and IT programmes, UC has impacted the lives of thousands of disadvantaged children
by helping them acquire education and opening up career opportunities for them.

3. The volunteer department at Udayan Care is very proactive and cooperative. Udayan
Care has collaborations with many Indian Universities like Delhi University’s N.S.S.
units of Kamala Nehru and Gargi as well as many reputed International Universities.
The best part is that the volunteer department is that it is very systematized and aids
the interns in completing their projects or tasks through constant support and guidance.
Fieldwork Report: Research project - Foster Care in South Asia

Rationale

This research study was initiated with an intent to address the problem of lack of
reference material and supporting documents on foster care , a first of its kind in South Asian
region, as far as we could ascertain. This study focuses on understanding the foster care services
provided by various organizations and institutions in South Asia. The significance of this study
lies in the fact that it targets at providing factual information on the existing foster care practices
in South Asian countries. Therefore, this study will help raise awareness among those who are
unacquainted with benefits of foster care in the area of child care and protection. We strongly
believe that an understanding of these facets would definitely help promote a stable and more
predictable family foster care in South Asian countries, by providing a holistic foster care model
that organizations and government agencies could either replicate or collate the practices into
complete set of standard operating procedure for foster care.
Fieldwork Report: Research project - Foster Care in South Asia

Abstract

The Foster Care Team at Udayan Care is conducting a research study to better understand
the practice of foster care in South Asian Countries. Given the global shift from institutional care
to family-based care for vulnerable children and the lack of tangible documentation of proper
practices, processes and legislatures for foster family-care in the South Asian region, the team is
motivated to address this issue of lack of reference material by providing an outline of various
foster care models being implemented in the said region. The findings and analysis of this study
would benefit childcare practitioners, policy makers, social researchers and general public. An
electronic survey technique is used to gather information from various South Asian practice and
advocacy organizations, government departments and researchers working in the field of
childcare. We strongly believe, a holistic understanding of various facets of foster care would
help promote a stable and more predictable family foster care ecosystem in South Asian
countries.

Keywords: Foster Care, South Asia, Policies, Practices, Models of Foster Care
Fieldwork Report: Research project - Foster Care in South Asia

Introduction

Family is the natural environment for children to grow. Children have the right to be
cared for by their parents and parents have a responsibility to provide for their children's
upbringing and development. These concepts are well understood in South Asia as children and
families are the traditional foundation of all South Asian societies. Yet there are millions of
children in South Asia who no longer have families, who have become separated from their
families, or whose families represent a serious danger to their health or development. South Asia
is home to 652 million children, of which 41 million are estimated to be orphans. 3.3 million
children live in institutions and 2.9 million children who have one/both parents alive still live in
children’s homes.

The most adverse event in a child’s life is separation from one or both parents, which
disunites the child’s first and primary source of protection and care. The illness, death,
imprisonment of parents, parting due to relocation, removal from the family due to neglect or
abuse, detention of the child or the child’s own initiative to leave home are some of the major
reasons that deprive a child from parental care. These children often find themselves at a high
risk of impaired emotional and social development, physical violence, exploitation, sexual abuse
and neglect. There are growing concerns about the situation and number of children outside
parental care and provision of alternative care arrangements in South Asia.

Alternative care refers to the spectrum of services available to children whose parents no
longer provide adequate care. Alternative care comes in many different forms. In South Asia,
most children outside parental care traditionally lived with their extended families in kinship care
arrangements. However, institutional care currently is the most common type of alternative care
provided by the State. In some countries, it is the only option formally supported and recognized
by the government. Other types of alternative care, such as adoption and foster care (and other
variations of family/community-based care) are also practiced, but to a very limited extent.

Institutional care has been noted as a particularly high-risk environment. The reliance of
most South Asian countries on this form of alternative care has also been a reason for serious
concern. There is enough evidence globally that suggests how children in institutional care
experience delayed physical, behavioral and cognitive development. The lack of one-on-one
Fieldwork Report: Research project - Foster Care in South Asia

human contact, play facilities, wholesome nutrition, adequate space, proper medical care and
family upbringing are commonly observed problems in institutional care. Internationally, the
child rights jurisprudence recognizes the need to shift from institutional care to family-based
care. Removal of a child from a family and moving into institutional care is considered the last
option only in the most extreme circumstances or for immediate/interim relief.

Family-based/non-institutional care ensures that children, who are deprived of parental


care or rendered helpless, can be given an opportunity to have a safe, loving and affectionate
family life. Families stimulate children to develop physical, social, emotional and cognitive
skills. Therefore, foster family care is being widely recognized globally as a preferred alternative
to institutionalization as it offers individualized care, attention and stimulation essential for
child’s healthy development.

Foster Care
Foster Care is a versatile family based non-institutional child care alternative that provides
temporary or substitute care for a child who is separated from his/her family or whose respective
biological parents are unable to care for the child due to illness, death, desertion or any emotional
crisis. It offers protection and a nurturing family environment, which is conducive for the
healthy, normal growth of the child. Unlike adoption, it is a temporary arrangement to be used
while the child’s own family overcomes a problem that prevents them from offering proper care
to the child, or while a more permanent placement is being sought.

There are diverse ranges of foster care models practiced that work differently in each
country according to their respective policies on foster care. Individual foster care, respite foster
care, therapeutic care, kinship care, group foster care, child headed household, vacation foster
placement, foster day care are few global contemporary models of foster care.

Foster Care in South Asia


If the rights of the child to family care are to be provided, then the current alternative care
methods in South Asia, which focus largely on institutionalization, are certainly not adequate and
not in conformity with international conventions such as the UNCRC (UN Convention on the
Rights of Child), or the UN Guidelines for Alternative Care. The use of foster care in South Asia
Fieldwork Report: Research project - Foster Care in South Asia

is limited, and in many cases (even excluding kinship care arrangements) foster placements are
informal.

In India, foster care has had a long history - first initiated in the 1960’s by the central
government. The first non-institutional scheme was introduced in Maharashtra in 1972, which
was revised in 2005 as the ‘Bal Sangopal Scheme - Non Institutional Services’. In the late 1990’s
Karnataka implemented a foster care scheme focused on destitute children. Emergency schemes
were operational in Gujarat, after the 2001 earthquake where around 350 children were
rehabilitated with their relatives/neighbours.

Other notable lawmaking milestones in India’s foster care journey include the Juvenile
Justice (Care and Protection of Children) Act, 2000 and Integrated Child Protection Scheme
(ICPS) that promote family-based care services for children. ICPS’ main concern and objective
is to make institutionalization the last resort of alternative care and to widen the scope beyond
institutionalization by including more family/community-based care mechanisms. Although the
JJ Act provides for foster care, until recently its implementation was hardly effective and
operational, leading to very few state governments having developed foster care programs.

A recent and promising update is that last year, the Juvenile Justice (Care and Protection of
Children) Bill, 2014 was introduced by Ms. Maneka Gandhi, the Minister of Women and Child
Development, in the Lok-Sabha in August 2014. The most significant reference was to the
formal introduction and promotion of foster care in India and the insistence of gradual de-
institutionalization of children.

Amongst other South Asian countries, Bangladesh and Sri Lanka have had some history of
foster care. In Bangladesh, pilot programs for children in need of alternative care are being/have
been carried out. Following Cyclone Sidr (in 2007), UNICEF ran a foster care program for
children who lost their parents, in which 2,000 foster families had participated. In Sri Lanka, the
Government Sevana Sarana Foster Parents Scheme, launched in 1988, has helped over 18,000
children to date.

Literature Review

Institutional Vs Foster Care - Impact on the development of children


Fieldwork Report: Research project - Foster Care in South Asia

Almost all the studies hitherto conducted as well as existing works on foster care uphold
one common point – foster care is the ideal alternative to institutional care as it provides children
deprived of parental care, a positive, safe and secure environment for their physical, mental and
emotional growth and development. John Williamson and Aaron Greenberg (2010) opined,
“Provided that foster placements are well-planned and monitored, this can be a very appropriate
form of care because it provides the cultural and developmental advantages to children of living
in a family environment pending family reunification or long-term placement”.

Nelson, C., N. Fox, C. Zeanah and D. Johnson, [2007] in their longitudinal study as part
of the Bucharest Early Intervention Project (BEIP), found that young children who were shifted
from an institution to supported foster care before age 2 made dramatic developmental gains
across several cognitive and emotional development measures compared to those who continued
to live in institutional care and whose situation worsened considerably.

There have been previously conducted studies that provide ample proof to the fact that
foster care program positively impacts not just his/her social, emotional and physical
development but also has a crucial role to play in deciding a child’s brain development including
his/her Intelligence Quotient. Bucharest Early Intervention Project [2009], the first scientific
study comparing the developmental capacities of children raised in large-scale institutions with
non-institutionalized and fostered children found that as compared to children raised at home or
in foster families, the institutionalized children were far more physically stunted. For every 2.6
months spent in a Romanian orphanage, a child falls behind one month of normal growth, they
had significantly lower IQs and levels of brain activity – particularly children who entered
institutions at a young age and children in institutional care were far more likely to have social
and behavioural abnormalities such as disturbances and delays in social and emotional
development, aggressive behaviour problems, inattention and hyperactivity and a syndrome that
mimics autism. Another study (2008), “A meta-analysis of 75 studies” (more than 3,800 children
in 19 countries) by Van Ijzendoom, H. Marinus, Maartje Luijk and Femmie Juffer, found that
children reared in orphanages had, on average, an IQ 20 points lower than their peers in foster
care

Foster Family Selection


Fieldwork Report: Research project - Foster Care in South Asia

Having stressed that foster care is the best alternative to institutional care, an important
aspect of the foster care program is the selection of right foster families that are willing to take a
foster child under their care and provide him/her with love, care, protection and create a
conducive environment for his/her growth. Orme G J; Buehler C; Rhodes W K; Cox M E ; Mc
Surdy M ; Cuddeback G (2006) examined if and how psychosocial problems, income, education
and race of foster families are related to the approval of families to foster children. The study
found out that families who were approved and who had a child placed had fewer problems and
higher incomes than families who were not approved and who did not have a child placed.
However, income increased the probability of placement for families with many problems but
not for families with few problems. Race and education were not related to approval or
placement, nor were there curvilinear effects on approval or placement.

Studies in Indian Context

This research project was motivated in a large part by a lack of available research on
foster care practices in South Asia. Despite a general absence of research, the National Research
and Documentation Center, BOSCO MANE, published a study in December, 2013 that served
provided our team with inspiration and guidance. The study, titled The Foster Family; Renewed
Hope and A New Life: A Study on the Practice of Foster Care for Children in India , provides
invaluable information on the history, practice, and challenges of foster care services in India.
The BOSCO Report aims to remedy the lack of data available pertaining to India’s longstanding
practice of foster care by providing information on practices across nine of India’s states.
BOSCO’s findings highlighted the diversity of foster care practices across India, and the
common challenges faced by most providers/facilitators, and provided the Foster Care Team
with much of the terminology and conceptual understanding that we drew from for our own
research.

Legal Instruments – Policies and Documents: Indian and Global

Our research also benefited from an abundance of conceptual literature that allowed us to
understand the theoretical context and rationale for our research. The conceptual underpinnings
and vocabulary of this study are drawn from the existing literature. By studying the Juvenile
Justice Act of India, the Goa Foster Care Scheme, and India’s “Draft Guidelines for Foster Care,
Fieldwork Report: Research project - Foster Care in South Asia

2015”, UNICEF’s “What You Can Do About Alternative Care in South Asia: An Advocacy
Kit,” and Udayan Care’s journal Institutionalized Children: Exploration and Beyond, in addition
to the BOSCO Report, our Foster Care Team solidified its understanding of foster care in a
specifically Indian context. Foster Care UK’s “A Young Person’s Guide to Foster Care,” IFCO’s
Guidelines for Foster Care, and the United Nations Convention on the Rights of the Child
provided more information about global understandings of foster care practices.

Method

Objective
The objective of this research is to better understand and document the different models of
Foster Care and for children practiced by organizations in South Asian countries.

Sample

The survey forms were mailed to around 150 organisations in SAARC countries. But
only 26 organisations responded in the first phase and in the second phase around 6
organizations responded in a span of 10 days and the data collection for this phase is still in
progress at Udayan.

Tools used

On the basis of extensive literature review related to important concepts of foster care 2
survey forms were prepared.

Survey Form 1

Major focus: Models of foster care and practices


No. of Questions Included- 53 questions

14 Major themes/aspects covered in First Survey Form:


Type of services provided
Ratio of No. of children per foster parent/family
Term of foster care services
Process and Procedure of Foster Care Placement
Identification of Children for Foster Care
Fieldwork Report: Research project - Foster Care in South Asia

Criteria for matching children and Foster Parents


Age range of children and Foster parents, Before the placement
After the placement
Tenure of Foster care
Failure of Placement
National Recognition of Foster Care Practices
Source of Funding
Challenges

Survey Form 2

Unlike the first survey focused upon models and practices, this survey primarily focused on
policies and legal frameworks related to foster care in different SAARC nations.

Revised Survey Form: No. of Questions- 15 (excluding the basic details of the organization)

Domains of alternative child care that country/state policies cover (eg. Foster care, sponsorship,
community care etc.)
Legal Regulations or guidelines that cover alternative child care
Regulation or Policy that is followed for foster care in case of absence of country/state guidelines
Instances where legal framework could not be implemented
Is there any financial assistance for foster care, by state/nation?

Reasons behind failure of foster care


What happens after aging out of foster care
Whether physically or mentally challenged children are eligible for foster care
Challenges faced
The organizations have also been asked to share the links of the policies, guidelines or any legal
document relating to foster care being followed in their respective countries or states.

Procedure
Fieldwork Report: Research project - Foster Care in South Asia

This research largely depended on the electronic survey technique to gather information.
In this study, we invited representatives from several south Asian practice organizations,
government departments, social researchers and advocacy organizations, working in field of
child welfare, to take the electronic survey which helped us understand the core aspects such as
the target group (children), foster families/carers, procedures, legal framework, parent/carer
networking and training, monitoring and government contribution in the implementation of
foster placement.

After receiving completed surveys, we reached out to willing organizations SAARC


region for skype call . Some organizations were kind enough to agree to a Skype call, during
which we increased our understanding of their foster care practices even more. Based on the
survey responses, as well as the information gleaned during the Skype interviews, we complied
case studies for each featured organization about that organization’s specific foster care
practices. By comparing the results from all the organizations in the Analysis section, we were
able to identify and highlight best practices that aid in foster care facilitation, as well as
challenges that impede it.

A second survey was prepared which focused on the policies and legal aspects of foster care.

( The data collection related to this second survey is still in progress at Udayan Care and
the final analysis will be completed in the month of December 2016 and the findings will be
published in their journal Institutionalized Children: Explorations and Beyond in March
2017)

Data Analysis and Discussion

Organisational Details
This analysis is based on six organizations, one from each SAARC country excepting
India, Bhutan and Maldives. The most comprehensive data was available for these organisations.
An analysis of certain key characteristics is necessary to understand the organization’s provision
of foster care. The facets of foster care covered by this study include the area in which these
organizations operate, the type of services provided, the number of children they usually place
for every foster unit, and the term and conditions of this placement.
Fieldwork Report: Research project - Foster Care in South Asia

Area of intervention
To develop a broader understanding of the organizations, we began by ascertaining the
areas where they operate and the services they provide.

We found that all of the organizations work in both urban and rural areas, except Madadgaar
National Helpline, which operates only in an urban context.

Types of services provided


To develop a broader understanding of the organizations, we began by ascertaining the
areas where they operate and the services they provide.

We found that all of the organizations work in both urban and rural areas, except Madagaar
National Helpline, which operates only in an urban context.

Type of Alternative Care Provided


6
6
4
4 3
2
2 1 1
0
n. association

All of the organizations mentioned in this report are involved with alternative care, which can be
described as:
Fieldwork Report: Research project - Foster Care in South Asia

«A formal or informal arrangement whereby, a child is looked after; at least overnight, outside
the parental home either by decision of a judicial or administrative authority, duly accredited
body or at the initiative of the child, his/her parent(s) or primary care givers, or spontaneously by
a care provider in the absence of parents» (Bosco Report)

As evidenced the table above, Madagaar and Terre des Hommes are the only organizations of
those included in this report that are not involved in community care. Three organizations,
Shanthiham, Shuhada, and Umbrella, offer institutional care and only one, Shanthiham, is
involved with Gate-keeping/safety-net programs.

For the aim of d study, all of the associations have been selected because their link with the
practice of foster care and so all the associations have identified as either providing or facilitating
foster care services. However Foster Care can include a wide range of services. In fact, the
India’s Justice Act, 2002 states that, “Foster care is preferred as an alternative to institutional
care, as a family environment offers encouragement for the overall growth and development of
the child. It can be short term, long term or group foster care.” So, organizations can be involved
in:

 Individual foster care that entrusts one child per every foster parent or family;

 Group foster care which provides an intimate or homelike setting where a number of
children live together under the surveillance of house parents or other in charge adults;

 Kindship care that is a family-based care within the child’s extended family (relatives
like an aunt, uncle or grandparents) or with close friends of the family known to the child,
whether formal or informal in nature;

 Preadoption foster care that gives the custody of a child to prospective adoptive parents)
with a view to adopt the child;

 Child / sibling headed household that entrusts a child, generally the elder, with the
primary responsibility of siblings, remaining together in a household without adult care
for the day to day running of the household, providing and caring for those within the
household;
Fieldwork Report: Research project - Foster Care in South Asia

 Vacation placement that provides assistance to the children who generally live under
institutional care. They are placed for a very short period, like the school vacation, in a
family;

 Day foster care is the service offered to single parents or families that work far from
home and are not able to take care of their children during the day.

Types of Foster Care No. of organizations


Services

Individual Care 3

Group Care 3

Kinship Care 3

Child (Sibling) Headed 2

Vacation Placement 1

Foster Day Care 1

Alternative placement 1

Pre-adoption 1

Referral services 1

Three associations (Shanthiham, TDH and SOS) are practicing Individual Care.
Shanthiham, Shuhadam and Umbrella provide group foster care, although Shuhada’s group
foster care practice more closely resembles institutional care. Kinship care is practiced by three
organizations (Umbrella, TDH and Shantinam) while only one association provides day foster
care, a practice aimed at avoiding the institutionalization of children due to lack of care and
Fieldwork Report: Research project - Foster Care in South Asia

assistance. Madagaar also offers referral services that help facilitate foster care and alternative
family based placement services for children.

Ratio of number of children per foster parent / family


Further insight on foster care practices in South Asia can be gained from analyzing the
term of care provided by our participating organizations as well as their typical child to foster
parent ratio.

Children per foster parent/fam-


ily
Only 1
1 1 Between 2 and 5
Between 5 and 10
Between 10 and 20
1 More than 20

2
1

Terre des hommes is the only respondent organization that regularly places one child per
foster parent or family. Shanthiham and The Umbrella Foundation usually place between 2 and 5
children per family unit, while SOS Children's Village International places between 5 and 10 and
Madagaar between 10 and 20. Shuhada has the highest child to parent ratio, saying that they
consider giving each caregiver custody of over 20 children as a form of foster care. The wide
diversity of responses to this question reveal big discrepancies in conceptions of foster care
across South Asia.

Term of Foster Care services


Foster care can last for short or extended periods of time, depending on the
circumstances. For the purposes of this report, we consider “short term” periods those that last
less than five years whereas “long term” foster care refers to when the placement extends for
longer than five years.

Term No.of
Fieldwork Report: Research project - Foster Care in South Asia

organizations

Short 2
term

Long 2
term

Both 2

When asked if their organization provides short term, long term, or both short term and
long term foster care, the respondent organizations were evenly split. Shanthiham and TDH
provide short term foster care, SOS and Shuhada provide long term foster care, while Umbrella
and Madagaar’s foster care is a mixture of both.

Process and Procedure of Foster Care Placement


To better understand the Foster Care framework in place in the SAARC countries, this
study asked specific questions about the processes and procedures put in practice by the
organizations.

Identification of children for Foster Care


The first step of any foster care placement is identifying the children who are in need of
alternative care. Children at need of such services can be identified from a variety of difference
sources.
Fieldwork Report: Research project - Foster Care in South Asia

Source of Identification

Hospitals

State (government) Homes


no. of organizations

Other (affiliate) Institutions

Communities

0 1 2 3 4 5 6

All of the organizations except for Madagaar report that children are frequently identified
from their communities, and four out of six say children also frequently come from other affiliate
institutions. Only Shanthiham and SOS also list State Homes and Hospitals as possible places
where children can be identified to be placed in foster care.

Criterion for selecting and matching children and foster parents


Criteria of selection are extremely important because they define precise guidelines that
allow organizations to ascertain which children are eligible for foster care. Each organization
should have specific criteria for selecting and matching children in need of foster care with
eligible foster parents.

With regards to the parameters used to select children for foster placement, among the six
analyzed organizations only Terre des Hommes claims not to have any criterion. Generally, all
the abandoned/disintegrated children, the abused, neglected and destitute children are considered
eligible for foster care by all five remaining organizations with specific criteria. Madagaar also
considers children who are waiting for adoption eligible for care, Madagaar, Shanthiham and
Umbrella include children whose parents cannot be placed, while Shuhada and SOS also provide
foster care services to orphans who have no support.

Criterion No. of
Fieldwork Report: Research project - Foster Care in South Asia

organizations

Abandoned/disintegrated children 5

Children at the risk of abandonment 5

Destitute children 4

Children awaiting adoption 1

Children whose parents cannot be 3


traced

Abused and neglected children 4

Orphans without any support 2

In terms of what specific criteria influence the selection of foster parents, four
organizations provided no response, making it difficult to draw any conclusions. Among the
respondents, Terre des hommes said they do not have any criterion whereas Madagaar reports
considering financial, social and cultural background, age gap between the child and the foster
parents, and sex as suitable criterion. It is possible that difficultly in finding volunteer foster
parents, a challenge mentioned by 4 of the 6 organizations, and recorded in section 6 of this
analysis, makes organizations hesitant to establish criteria that might exclude any willing
applicants.

Only three organizations out of the six analyzed, SOS of Bangladesh, Umbrella of Nepal,
and Madagaar of Bangladesh, report having government imposed criteria for matching selected
children with foster parents or families. These criteria are: age gap between the child and the
foster parent, sex of both parties and, for The Umbrella Foundation, also the financial, social and
cultural background of the foster parents.

Age range for eligible children and foster parents


Another important criterion for selection is the age range of the children and foster
parents. Shanthiham, TDH, and The Umbrella Foundation consider 18 years of age (the age of
Fieldwork Report: Research project - Foster Care in South Asia

maturity in these countries) the maximum age for being considered eligible for foster care
placement. Madagaar and Shuhada typically place children until they are 12 or 13 years old and
SOS usually only places children between 0 and 5.

0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18

For foster parents, the age range results show that Madagaar, Shanthiham, SOS, and TDH have
an age range for foster parents of between25 and 30 to between 40 and 50. Shuhada does not
have an age range and The Umbrella Foundation says that the minimum requested age is 25 and
there is also a required 10 year age gap between the child and the foster parents.

Before the placement


The success or failure of each placement is influenced by many factors at play all
throughout the placement. In an effort to understand this, part of our study focused on the
practice of a weaning period before the child starts living with the family and on the preparation
of the child for such a major transition.

Surprisingly, none of the respondent organizations have a period of weaning prior to


placing the child fully in the care of his or her new foster parents. The majority of the NGOs
entrust the children’s preparation before placement to social workers. SOS and Shanthiham also
rely on the institutions from which children frequently come to provide some preparation to the
child. SOS also relies on the individual or group that presents the child for foster care to provide
some counseling to that child while Shanthiham relies on government programs to assist in child
preparation. Shuhada did not report having a designated person or group responsible for
providing their children with counseling before placement.
Fieldwork Report: Research project - Foster Care in South Asia

People responsible for pre-counselling

1 1
1

2 4

Counsellor Social Worker


State (Government) Programs Institutions
Presenter of the child No adoption??

One key element that can increase the possibility of success of the foster care placement
is having the consent of the child and, in some cases, of his/her family/relatives.

Moreover it is important to have a clear idea about which details of the child’s life will be
revealed to the foster family. Studying the practices that organizations implement before the start
of the service we saw that the consent of both children and their families is taken into
consideration by all of the NGOs excluding Shuhada, as is a home inquiry and medical report of
the selected children. Shanthiham, SOS Village, and The Umbrella Foundation also develop
individual care plans in each placement. Shuhada’s only pre-placement protocol, one shared by
the rest of the NGOs, is that the children receive proper counseling.

.
Fieldwork Report: Research project - Foster Care in South Asia

No.of organizations
Individual care plan

Proper counselling

Medical report

Consent of the child's parents/extended family/relatives

Consent of the child

The initial case study and home inquiry


0 1 2 3 4 5 6 7

Another important aspect of foster care practice is the definition of the responsibilities of
the foster parents toward their foster children, which are recorded in the table below, organized
by frequency of identification.

Responsibilities No. Of
Organizations

Provide food, shelter and clothing to the child, 5

Provide education, training, recreation and employment opportunities 5


according to child's age, developmental needs and interests

Immediately report any critical incidents such as injuries, instances of alleged 5


abuse by anyone and any criminal or self-harmful behaviors committed by the
child

Keep the child safe from exploitation and maltreatment 5

Provide medical, dental and like treatment necessary to promote and maintain 4
child's health,
Fieldwork Report: Research project - Foster Care in South Asia

Comply with foster parent agreement 4

Ensure the child whereabouts are known at all times, including reporting any 4
changes of address, plans to holiday away and episodes of running away

Support contact between the child and their counsellor and biological family 3

Respect the privacy of the child and his/her biological family and treat any 3
information about them confidential

Participate in foster parent training opportunities 2

Looking at the table is it clear that the responsibilities widely given to the foster parents
are the provision of food, education, safety and the reporting of critical incidents. These can be
considered the basic human needs and rights of children. Also health care, the respect of foster
care agreement and communicating children whereabouts to the responsible are considered very
important by the organizations. Curiously only two NGOs considered participating in foster
parent training opportunity a foster parent’s duty.

After the placement


Procedures followed after placement are just as important to those followed before when
it comes to ensuring the success of the placement. Monitoring is crucial because it allows an
outside organization to help both children and foster parents avoid and navigate potential
problems, as well as intervene if the placement deteriorates. Madagaar is the only surveyed
organization that said it does not have a follow up monitoring period whereas all the other
organizations report having one. The frequency of the controls and agency responsible for
monitoring are captured in the table below.

Organizations Follow-up Frequency Group


Monitoring Responsible for
Monitoring

Madagaar National No / /
Helpline

Association for Health Yes Depends on their care plan but on state/
Fieldwork Report: Research project - Foster Care in South Asia

and Counselling - regular basis government


Shanthiham

Shuhada Organization Yes Supervisor resides in the State/


orphanage government

Terre des hommes Yes Weekly NGO +


state/governmen
t

SOS Children's Village Yes Daily SOS mothers


International

The Umbrella Yes Quarterly Other agencies


Foundation

All of the organizations that provide follow-up monitoring report monitoring for the
complete tenure of foster care placement. The frequency of this monitoring varies significantly,
from daily to quarterly supervision. Two organizations report that solely the government is in
charge of monitoring while SOS named its own employees and The Umbrella Foundation
reported that other outside agencies provide monitoring. Terre des hommes reported that both the
NGO and the government provide monitoring for their placements.

Tenure of foster care


We also asked the targeted NGOs what is the typical tenure of Foster Care that they
provide. The results showed the varying conceptions and practices of foster care across South
Asia. Two organizations, Shanthiham and Terre des hommes provide short-term foster care,
usually less than five years. The Umbrella Foundation’s typical tenure of foster care is between 5
and 10 years, while Shuhada’s is around 10 to 15 years. Two other organizations, SOS and
Madagaar, provide long term care with an average tenure of more than 15 years.
Fieldwork Report: Research project - Foster Care in South Asia

Tenure of FC on avarage
2 2
2
1.8
1.6
1.4
1.2 1 1 no. Of organizations
1
0.8
0.6
0.4
0.2
0
1-5 years 5-10 years 10-15 years > 15 years

Failure of Placement

Cases of Failure No. of Organizations

No Failures 3

Failures 3

Reasons for Failure

Foster care parents failing to perform their responsibilities according to


agreement

Mis-match of child and foster parent

Improper assessment

Lack of capacity of the social workers

Assumption, emotionally attached to the case

Adjustment issues
Fieldwork Report: Research project - Foster Care in South Asia

Child exploitation such as household work

When foster care placements have failed for three of our participant organizations, reasons for
this failure vary widely as captured in the table above.

Exit Strategies
1
no
yes

Types of Exit Strategies No. of


Organizations

Reintegration with biological parents 3

Kinship care placement (Relatives) 1

Adoption 1

Developed based on individual care plan 1

Entering University or vocational training program 1


Fieldwork Report: Research project - Foster Care in South Asia

Numbers
The following table illustrated how many children total, male and female have been
placed by each organization as well as the number of children who left their foster care
placement or were reintegrated into their biological families.

Organizations Total Number Mal Female No. of Children


e Returned to Foster
Family and/or
Reintegrated with
their Biological
Families

Madadgaar National helpline / / / /

Association for Health and More than 275 132 143 > 60%
Counselling - Shanthiham

Shuhada Organization 208 / / few returned from


the orphanage

Terre des hommes 45 / / 34

SOS Children's Village International 1159 496 454 /

The Umbrella Foundation 4 / / /

This table highlights the different sizes of the foster care services provided by the
considered associations. SOS and Shanthiham deal with high numbers of children whereas the
other organizations are involved with smaller numbers of children: 45 for TDH and only 4 in
foster care for The Umbrella foundation. Where the data was provided, organizations seem to
care for relatively equal numbers of male and female children.

All of the organiations provide children with some form of preparation when they are
returned from foster families and/or reintegrated with their biological families.
Fieldwork Report: Research project - Foster Care in South Asia

National recognition of foster care practices

Management of Foster Care


practices
Purely NGO managed
Jointly managed by a
Government body
and NGO

Our results found the NGOs play a huge role in managing foster care in South Asian
countries. In half of our respondents’ countries, foster care is managed purely by NGOs, while
survey results show that it is jointly managed by both a government body and NGOs in Nepal,
Pakistan, and Sri Lanka. Afghanistan, Sri Lanka and Bangladesh are the only three respondents’
countries with a nationwide policy pertaining to foster care, although Nepal’s Alternative Care
Rules and Regulations are currently in their final stages.

No. of Organizations that declare State has this


role
to give financial support/incentives to foster parents

to supervise the foster placement.


no. Of organizations that declare
State has this role
Parents are made to sign a bond during the foster care placement.

to give an order for placement.

to declare the child legally free

0 1 2 3 4 5

Our survey also revealed a large discrepancy in the roles that our respondent
organizations expected the state to fill. While 4 of the 6 organizations named the state
Fieldwork Report: Research project - Foster Care in South Asia

responsible for supervising the foster placement, and 3 of 6 organizations agreed that the state is
responsible for making parents sign a bond during the foster care placement, those were the
largest consensuses reached.

Fundraising

Source of Funding
1
Non-Government Agencies

2 Government Agencies
Corporates
5
Individuals
donor agencies
1

Five of the six organizations listed NGOs as a source of funding for foster care practices
in their countries, while only one of the six, Shanthiham of Sri Lanka, identified government
agencies, corporates, and individuals, as sources of funding. SOS Children’s Village Bangladesh
also identified individuals as a source of funding, while Shuhada of Afghanistan listed donor
agencies as the sole source of funding for foster care services.Relations with Other Organizations

No. of FC Organizations Known

1 <5
between 5 and 10
>10
1
4
Fieldwork Report: Research project - Foster Care in South Asia

Part of our study aimed to ascertain the level of visibility and cooperation existent between
organizations providing alternative care services. As illustrated in the table above, 4 out of the 6
organizations who responded to our survey know of less than 5 other organizations that provide
foster care in their area, while one organization, Madagaar, responded that it is aware of between
5 and 10 such organizations. Shuhada responded that over 10 organizations provide foster care in
Afghanistan, a report that should be considered in light of the organization’s understanding that
foster care includes the placement of over 20 children with a single caretaker, a care structure
that dominant definitions would label institutional care. Only two of the respondent associations
are part of a Foster Care network: Madagaar National Helpline, a member of the Child Rights
Movement (CRM), and Shanthiham Association, which is part of IFCO network. These results
indicate that while the need for foster care services in South Asia is great, there is either a lack of
provider organizations, or a lack of visibility, as well as a lack of cooperative infrastructure
between such organizations.

Challenges

Difficulties no. Of
organizations

Lack of a proper platform / network between NGOs and the State 6

Lack of data bank of foster parents 5

Difficulty in finding volunteer foster parents 4

Overall lack of awareness among general people 4

Lack of trained human resource in field of foster care 4

Finding foster parents willing to take HIV affected children/ street children 4
/children with emotional baggage

Inadequate support by Government / State during emergencies 4

Dealing with the State/Government agencies 3


Fieldwork Report: Research project - Foster Care in South Asia

Delay in processes/procedures 3

Lack of proper assessment / monitoring / follow-up mechanism 2

Societal stigma; lack of support from neighbours / relatives of foster parents 2

Failure of foster care due to financial or personal constraints 2

Difficulty in finding volunteer foster parents willing to take siblings 2

Difficulty in child-parent matching 1

Difficulty in preparing the child for the foster family 1

Our survey asked the respondent organizations to identify challenges that hindered their
provision of facilitation of foster care services. The challenges identified by our six respondents
are listed in the table above, organized by the frequency each challenge was repeated. The data in
this table indicates that the biggest challenge facing foster care implementation is a lack of
general awareness and infrastructure that would allow for greater understanding and
collaboration between foster care provider organizations and the government, provider
organizations with each other, and provider organizations and the public.

Country wise Status of legislation on Foster care

Sri Lanka

Foster Care in Sri Lanka is something that needs to be developed further and the Tsunami
provided an entry point for establishing it as a viable alternative method of care. ‘Tsunami Act’
provided a provincial system to process fostering. Difficulties arose however when the regional
infrastructure needed to implement the process could not be mobilized.

A comprehensive review of the Department of Probation and Childcare in October 2005 saw a
number of priorities set with regard to streamlining legislative frameworks, upgrading the
quality of probation services, building staff capacity, identifying the roles and responsibilities of
Fieldwork Report: Research project - Foster Care in South Asia

probation and child rights protection officers and strengthening alternative care arrangements
for children.

The latest document available, related to foster care is the National Child Protection
Policy(NCPP),2013 which gives recommendations for establishing guidelines related to foster
care in Sri Lanka.

Bangladesh

Since the Children Act does not address foster care directly, there are no specific policies or
legal framework related to foster care in Bangladesh, as far as the information gained through
surveying 3 Bangladeshi NGOs.

So the legal framework of Bangladesh neglects a range of issues related to foster care owing to
a lack of specific written guidelines.

They are:

Ø Type of foster care being followed

Ø Age range for foster care

Ø Typical ratio of no. of children per foster family

Ø Parent details taken into account

Ø Matching criteria

Ø Legal/Contractual responsibilities of foster parent

Ø Frequency or Schedule of Monitoring

Ø Pre term failure of foster care- strategy to be followed

Ø Exit Strategy

Therefore Bangladesh does not have specific written policies for foster care and the Children
Act, 2013 is only an overarching framework for alternative care in general.
Fieldwork Report: Research project - Foster Care in South Asia

Afghanistan

Afghanistan has neither any written guidelines or policies pertaining to foster care nor any well
laid down legal framework for Alternative Care. Foster Care in Afghanistan is highly
underdeveloped with no guidelines or policies guiding the foster care practices in Afghanistan.
Foster Care in Afghanistan is largely informal in nature as per the data found online and reported
by the surveyed Afghani organizations. For example, in Panjshir province in Afghanistan, an
informal “foster care” programme functions to place children in need of care in the community
and to subsequently monitor their care.
Hence the legal framework for foster care in Afghanistan is non- existent and it fails to address
any main issues related to the foster care system.

Pakistan

A range of issues related to foster care remain unaddressed in Pakistan’s legislative framework
related to foster care. It ignores a lot of issues including:
· Age range for children

· Term of foster care

· Legal responsibilities of foster parent

· Criteria for selecting child and foster parent

· Monitoring is non-existent

· Lack of provisions in case of pre mature failure of foster care

· Reintegration of child, exit strategies

Legal framework and guidelines specifically related to foster care are non-existent in
Pakistan. A lot needs to be addressed with regards to foster care in Pakistan.

Maldives
Fieldwork Report: Research project - Foster Care in South Asia

Maldives has recently made some interim regulations on foster care and is in the process of
adopting Foster Care in a systematized manner.
The foster care regulations cover the basic issues related to foster care but neglect some detailed
issues related to foster care services:
· Exact age range of children to be placed in foster care
· Issues related to consent of child and other criteria related to child not well specified.
· Course of action in case of premature failure of foster care
· Strategies for reintegration of the child and exit strategies not addressed

Bhutan

The Child Care and Protection Rules and Regulations (2015) have some well laid Guidelines
covering Alternative Care in Bhutan.
Kinship Care and Foster Care are recognized as important forms of alternative care in Bhutan
and preference is given to these while imparting alternative care to children in need of protection
and care.
Bhutan’s legal framework does not properly address the following issues related to kinship or
foster care:
· The exact age range for placing children in kinship or foster care
· The frequency and duration of monitoring
· Aspects related to exit strategies have not been specified properly.

Nepal

The Government of Nepal is yet to develop policy for alternative care (including foster care,
kinship care and placement of the child in families).
Henceforth GoN does not address any aspect of foster care ranging from age, monitoring, criteria
to exit strategies.
Fieldwork Report: Research project - Foster Care in South Asia

India

The major documents that serve as the basic framework related to the state of foster care in India
include:
· The Juvenile Justic Act,2015
· The Integrated Child Protection Scheme(ICPS) Ministry of Women & Child
Development, 2015
· The Model Guidelines For Foster Care(Draft Form), 2015, MWCD

Foster care has had a long history in India, first initiated in the 1960s by the central
government. The first non-institutional scheme was introduced in Maharashtra in 1972. The
scheme was later revised in 2005 as the 'Bal Sangopal Scheme – Non Institutional Services'. In
the late 1990s Karnataka implemented a foster care scheme focused on destitute children.
Emergency schemes were operational even in Gujarat, after the 2001 earthquake where around
350 children were rehabilitated with their relatives and neighbours in the community. However,
although the JJ Act presently provides for foster care, it is not being implemented effectively.
Very few state governments have developed foster care programs. Foster care is still largely
used as a pre-adoption procedure, which is limiting the potential of this method to provide
family care to children.

Conclusion

The major findings of this study were that foster care as form of alternative care has not been
well established in South Asia and very few South Asian countries have written documents,
policies and legislations related to foster care. The major models that are being followed in
these countries include group and individual foster care and are both long term and short term.

A lot of research, advocacy and awareness is needed in order to make foster care a successful
and effective form of foster care in South Asia.

Limitations

Since this study was based on online surveys and skype calls, the response rate was very low in
spite of repeated reminders. Moreover, some of the respondents gave incomplete information
Fieldwork Report: Research project - Foster Care in South Asia

and it was difficult to search for the missing data in case they did not respond to our request for
skype calls or connecting through hangouts. There was very limited awareness amongst child
care practices in South Asia, on the practice of foster care, making it tough to get appropriate
responses at times.

References
 Don Bosco, Anbu Ilam (2013), “Foster Family: Renewed Hope and A New Life”, National
Research and Documentation Centre, Bangalore
 John G. Orme, Cheryl Buehler, Kathryn W. Rhodes, Mary Ellen Cox, Michael Mc Surdy, Gary
Cuddeback (2006) “Parental and Familial Characteristics used in the Selection of Foster
Families”, children and youth services review, University of Tennesee Volume- 28 Issue: 4
(April) pp: 396-421.  John Williamson and Aaron Greenberg(September 2010), ‘‘Families, Not
Orphanage”- Better Care Network Working Paper
 Nicole Suzanne Le Prohn; Peter J Pecora; (1994) The Casey foster parent study : The Program,
Seattle, Washington.
 Nelson, C., N. Fox, C. Zeanah and D. Johnson, (2007)”Caring for Orphaned, Abandoned and
Maltreated Children”- Bucharest Early Intervention Project’, Washington, D.C.

Internet Resources:

http://adoption.about.com/od/birthfirstfamilie1/g/Biological Parent.htm. Š
http://www.adoptionindia.nic.in Š http://www.bettercarenetwork.org Š
http://www.ces.ncsu.edu/depts/fcs/pdfs/fcs 460.pdf Š www.fostercareindia.org Š
http://fostercareindia.org/wp-content/uploads/2012/11/Foster-CareIndia-Abstracts-of-current-
research-and-proposed.pdf Š http://www.indianexpress.com/news/juvenile-justice-ncpcr-for--
noninstitutional--care/494949/#sthash.m0IUFbZ9.dpuf Š
http://www.savethechildren.org.uk/sites/default/files/docs/Keeping_
Children_Out_of_Harmful_Institutions_Final_20.11.09_1.pdf Š http://www.crin.org/docs/PPT%20BEIP
%20Group.pdf Š www.ifco.info/about-ifco/history. Š http://www.thefreedictionary.com/_/dict.aspx?
rd=1&word=foster-parent Š http://www.thefreedictionary.com/_/dict.aspx?rd=1&word=foster-child

Legal Documents

• Integrated Child Protection Scheme (ICPS) 2009


Fieldwork Report: Research project - Foster Care in South Asia

• The Declaration on Social and Legal Principles relating to the Protection and Welfare of Children,
with Special Reference to Foster Placement and Adoption Nationally and Internationally (1986)

• The Juvenile Justice (Care and Protection of Children) Act, 2000 (JJ Act)

• The UN Convention on the Rights of the Child, (1989

• UN Guidelines for Alternative Care for Children, (2009)

REFLECTIONS
Fieldwork Report: Research project - Foster Care in South Asia

‘Foster Care in South Asia’ is a very intensive project since it needs an in depth understanding of
the nature of Foster Care in so many South Asian countries.
Reading the different Acts, guidelines, models, regulations and documents on foster care greatly
enhanced my knowledge base as I was exposed to so many new concepts and ideas through these
readings.
I got to actually implement my theoretical knowledge of Research Methods in the Social
Sciences that I had acquired in college. Hence I got to hone my research skill.
By working on this project I gained an invaluable understanding of the overall status of child
care in South Asia which made me realize that an effective Alternative Childcare system will go
a long way in giving a healthy, happy and nurturing childhood to every child in need.

APPENDIX:
Fieldwork Report: Research project - Foster Care in South Asia

THE FOLLOWING SECTION CONSISTS OF -


1) CASE STUDIES OF ORGANISATIONS THAT I PREPARED DURING MY INTERNSHIP
PERIOD
2) COMPREHENSIVE POLICY REVIEW OF FOSTER CARE IN SAARC NATIONS
3) SURVEY USED IN PHASE 2 OF RESEARCH

1. Afghanistan, Shuhada Organization

Shuhada Organization (SO) is an NGO founded in 1989 in Quetta, Pakistan that works for the
welfare of Afghan citizens, focusing primarily on women and child empowerment. SO operates
in both rural and urban settings, and offers a variety of services with different focuses, including
child protection. Shuhada provides alternative care, primarily to children who were orphaned in
the conflict in Afghanistan, identifying the alternative care services it offers as group foster care.
In 2002, Shuhada established a home for orphans in the Jaghori district, and has since opened
two more homes, called “Ashyane Samar” where it currently provides long term care for around
150 children of both genders between ages 5 and 13.

Shuhada functions on a group foster care model, with children living together in houses and
cared for by 11 “foster mothers,” making the caretaker ratio more than 20 children per foster
parent. Children are identified from their communities and brought immediately into SO’s group
homes without a weaning period and then given counseling as needed. Children are deemed
eligible for SO’s care based on state criteria, which stipulates that children must be abandoned, at
risk of abandonment, destitute, abused, neglected, or orphans without any support.

Shuhada’s foster mothers are unaccompanied women or widows who have no breadwinner in
their biological family. Notably, Shuhada is the only organization encountered in our research to
purposely employ socially and economically disadvantaged people as foster parents. There is no
specific age range for SO’s foster mothers, who receive training on childcare after joining the
organization. There are no state criteria for matching children with caretakers in Afghanistan, but
the government supervises children’s placement in SO’s homes and stipulates certain legal
responsibilities for their caretakers. SO’s foster mothers are responsible for immediately
Fieldwork Report: Research project - Foster Care in South Asia

reporting any critical incidents such as injuries, instances of alleged abuse, and any critical or
self harmful behaviors committed by the child.

SO’s placements are monitored by a supervisor who lives in the orphanage for the
complete tenure of the placement, which is typically 10 to 15 years. SO reports that Afghani law
does not permit adoption and alternative care in Afghanistan is purely NGO managed and funded
by donor agencies. While SO reports that more than 10 organizations provide alternative,
although perhaps institutional, care, Shuhada is not part of an alternative or foster care network.

Because the children in SO’s care are there as a last resort, there have been no cases of
premature failure, and Shuhada does not have an exit strategy in place. However, SO does have a
developed After Care plan for its children. After graduating from the 12th grade, Shuhada’s
young people have the option to enter public universities, where they will be provided both room
and board by the Afghan government, and thus become independent. Students also have the
choice to join Shuhada’s higher educational institute, where they study for four years before
graduation. After completing their studies, young people from Shuhada’s care find a job and live
on their own. Currently, 21 students are enrolled in university, some even in foreign universities,
four young men have obtained bachelor degrees, and two of Shuhada’s young women have
joined the Afghan police force. 12 young women from the Ashyane Samars have gotten married
since the homes’ conception, and a total number of 208 children have been housed and cared for
to date.

2. Bangladesh, SOS Children’s Village

SOS Children’s Village is an international development NGO that promotes and protects
children’s rights in 133 countries and territories around the globe. SOS operates six SOS
Children’s Villages in Bangladesh, institutions, in both rural and urban areas, where children are
provided with group foster care in a family-like and community setting. The first Children’s
Village in Bangladesh was established in Dhaka in 1972. At SOS Children’s Villages, children
are placed in a family home with an SOS Mother, an employee of SOS Village, who is
responsible for caring for the children on a day-to-day basis. Each family home has five to ten
Fieldwork Report: Research project - Foster Care in South Asia

children per foster parent who live together as brothers and sisters and each village consists of
ten to 15 family houses. Some villages include a kindergarten that is also open to members of the
surrounding community.

Children who are between the ages of 0 and 10 and are eligible for admittance into SOS
Children’s Villages if they meet state criterion for foster care eligibility by being abandoned, at
risk of abandonment, destitute, if they have lost their parents, or are at risk of loosing their
parental care. Children are identified for care from government homes, local communities,
hospitals, and from other affiliate institutions, and once identified, are immediately integrated
into an SOS Family Home without an intermediary weaning or preparation period. However,
before placement children are counseled, given a medical examination, and their consent, as well
as the consent of their family, is taken after a thorough home inquiry.

The primary caregivers at SOS Children’s Villages, SOS Mothers, are generally between the
ages of 25 and 40. They are matched with children based on Bangladeshi state criteria, a
mandated age difference between the children and their foster parent. They are trained by SOS
before becoming SOS Mothers and are supported throughout their careers by educational
specialists, family assistants, and by women who are still in training to become SOS Mothers.
Monitoring of the foster care placement happens daily at SOS Children’s Villages, and is carried
out by other SOS Mothers. This monitoring continues for the tenure of the placement, usually
about 15 years. SOS Bangladesh reports no premature failures of foster care placement, although
the organization does have an exit strategy in place in the event that it is needed. SOS is prepared
to facilitate children reintegrating into their biological families, who would be previously
prepared for the child’s arrival.

SOS is one of less than five organizations providing foster care in Bangladesh, where foster care
services are funded and implemented entirely by NGOs. SOS’s operations in Bangladesh are
influences by the Child act of 2013 that includes provisions for alternative care. The Act
prioritizes reintegration into biological families or communities as the most desirable outcome of
alternative care, then admittance into a non-governmental institution, with institutionalization in
a government run facility as a last resort. The Child Act 2013 stipulates that monitoring of foster
care placement by a government agent is mandatory.
Fieldwork Report: Research project - Foster Care in South Asia

Despite having placed 1,159 children in care to date, SOS Bangladesh identified many
challenges that hinder their ability to provide foster care services, including an overall lack of
awareness among general people about the essence and need of foster care, the lack of a proper
platform or network between NGOs and the State to address the need of foster care, and a lack of
databases to identify potential foster parents.

3. Nepal, Umbrella Foundation

The Umbrella Foundation is a NGO that provides institutional care, community care, and
occasionally group foster care, working to alleviate the impact of human trafficking, natural
disasters, poverty, and war on children and their families in Nepal. Umbrella rescues vulnerable
children across urban and rural terrain and offers both short term and long-term care, housing
and educating the children for as long as it takes to locate and prepare the children’s biological
families/communities for their reintegration. While there is no weaning period between the
child’s rescue and placement in the Children’s Home, a child’s reintegration into their biological
family is a long process, only after careful monitoring are children returned to their home
villages, and they continue to receive educational and financial support, and monitoring from
Umbrella.

Umbrella prioritizes children’s right to grow up in their families and communities of origin, and
because of this, promotes kinship foster care when biological parents are unable to care for their
child. Based of state criteria, children from age three to 18, who have been abandoned, are at risk
of abandonment, are being abused or neglected or whose parents are untraceable are eligible for
Umbrella’s facilitated care. However, for four of Umbrella’s children, reintegration was deemed
unsuitable because of a lack of adequate local schools, something that prompted Umbrella to
establish its group foster care system. Umbrella’s foster care home is in Syaphrubesi, Rasuwa,
located thus to allow the four children to attend school, be able to visit their families, and grow
up immersed in their culture of origin. Before these children’s placement, a thorough home
inquiry was conducted; the child’s medical reports examined, and consent of the child and the
child’s relatives taken. Children also received counseling from a social worker, who developed
Fieldwork Report: Research project - Foster Care in South Asia

an individual care plan for the child. Children who enter the Children’s Homes are identified
from the community, and come from institutions, transit homes, or from their own ethnic,
religious, or regional communities. However, only children who Umbrella has not been able to
safely reintegrate are placed in its group foster care program. Umbrella currently has only one
group foster home housing four children in operation.

Umbrella’s foster care takers are thoroughly assessed, verified by the police, and receive training
on childcare both before and after placement. Children are matched with potential foster parents
based off of state criteria, which dictates a particular age gap of at least ten years between child
and parent, a minimum parental age of 25 and a level of financial stability. Umbrella also
guarantees that the social and cultural background of the foster parent be taken into account.
Foster parents receive financial support/incentives from the government, and are made to sign a
bond during the foster care placement. This bond stipulates the legal responsibilities of the foster
parent, which include providing food, shelter, clothing, adequate medical treatment, as well as
education, recreation, and employment opportunities according to the child’s age, developmental
needs, and interests. Foster parents are responsible for keeping the child safe from further
exploitation or maltreatment, and for helping the child maintain contact with her counselor and
biological family, as well as respecting the privacy and confidentiality of those relationships.

In Nepal, foster care is jointly managed by the government and by NGOs. There is currently no
legislation in Nepal pertaining to foster care, but The Alternative Care Rules and Regulations are
in their final stages of development. The Umbrella Foundation is one of less than 5 NGOs that
provides foster care in Nepal, where there is no foster care network and where NGOs are
responsible for funding alternative care services. Umbrella’s foster care placements are
monitored quarterly by an independent agency for the complete tenure of the placement, which is
usually between 5 and 10 years. Umbrella is careful to provide monitoring for the children who
have been placed back with their communities of origin, intervening to re-rescue the child in the
event that the child is being exploited, or neglected. The children in Umbrella’s foster care home
are there because all options of reintegration into biological families, kinship care, or community
care were deemed unsuitable. For that reason, Umbrella has no exit strategies for these children,
as all other options have been previously exhausted.
Fieldwork Report: Research project - Foster Care in South Asia

4. Sri Lanka, Shantiham

Shanthiham provides psychological support services such as counseling to both torture victims
and those who are psychologically affected by the armed conflict in the Northern Province of Sri
Lanka. The organization was founded in 1987 because of a gap in the provision of psychosocial
support to victims of war. Shanthiham operates in both urban and rural environments, providing
a variety of services aimed directly at children, including advocacy, counseling, and research as
well as alternative care services such as institutional care, community care, foster care, and gate
keeping/safety net programs. In relation to foster care, Shanthiham has placed more than 275
children to date in their facilitated individual care, group care, kinship care, sibling headed
arrangements, vacation placement, and foster day care.

Shanthiham facilitates short-term foster care, placing between 2 and 5 children per foster parent
for a typical period of less than five years. Children are identified through state government
homes, hospitals, or local communities, and usually come from institutions, transit homes,
government custody, or their communities of origin. Children aged 3 to 18 are deemed eligible
for foster care based on state criteria, which in Sri Lanka stipulate that a child must be either
abandoned, disintegrated, at risk of abandonment, destitute, or the child of parents who are
untraceable, abusive, or neglectful. Before placement of the child, an initial home study is
conducted, consent of the child and child’s family taken, the child’s medical report examined,
and individual care plan developed. Once identified, children are prepared for placement by a
social worker, government program, or institution before being immediately placed into foster
care without a weaning period.

In Sri Lanka there is no state criterion for matching children with potential foster parents.
Shanthiham stipulates that parents must be between the ages of 30 and 50. Before placement,
potential foster parents are made aware of the child’s history. Foster parents must submit an
application letter and be fully assessed by Shanthiham, which includes police verification and
obtaining consent from other members of the foster parent’s family. After placement, parents
receive training on childcare.
Fieldwork Report: Research project - Foster Care in South Asia

Placement happens only after the government gives and order for placement, and all foster care
arrangements are supervised by the government. The frequency of government monitoring of the
placement depends on the type of care that the child receives, but always continues for the
complete tenure of the placement. In Sri Lanka, foster care falls under the Child Protection
Policy. The legal responsibilities of foster parents include providing food, shelter, clothing,
education, as well as recreation and employment appropriate to the child’s age and interests.
Foster parents are also expected to keep the child safe from exploitation and maltreatment and to
keep track of the child’s whereabouts at all times, comply with the foster parent agreement, and
to immediately report any critical incidents, such as injuries, self harm, or alleged abuse. In Sri
Lanka, foster care is jointly managed by the government and NGOs. There are less than five
organizations providing foster care in Sir Lanka, but Shanthiham is part of IFCO, an
international network that promotes family based alternative care practices across the globe.

Some of Shanthiham’s placements have failed prematurely due to a miss-match of children and
foster parents, improper assessment of the situation, or a lack of capacity of the social workers
who make incorrect assumptions or become emotionally attached to the case. In the case of
failure, Shanthiham develops an exit strategy based off of that case’s specific details. More than
60% of Shanthiham’s total cases have been reintegrated into biological families, who are
prepared following a dictates set down in Shanthiham’s Case Management Guide.

5. Pakistan, Madagaar

Madagaar National Helpline is Pakistan’s first Child Help line and Protection Service for
Children and Women. Madagaar offers several services to support women and children facing
crises, including counseling, legal aid and referral services to group foster care. Madagaar is a
joint venture of Lawyers for Human Rights and Legal Aid and UNICEF, as well as an urban-
based organization, operating in the provinces of Karachi, Lahore, Peshawar, and Quetta.
Madagaar’s foster care referrals are for both short and long term care, and the organization
qualifies group foster care as placing 10 to 20 children with each foster parent.
Fieldwork Report: Research project - Foster Care in South Asia

Children are identified for Madagaar’s referral services from other affiliate organizations and
generally come from child care institutions or from their communities of origin, be it ethnic,
religious, regional, etc. Children eligible for foster care placement are between the ages of 0 and
12 and must be either abandoned, disintegrated, at risk of abandonment, destitute, awaiting
adoption, or the children of parents who are untraceable, abusive, or neglectful. Before referral,
an initial case study and home inquiry of the child is undertaken, the medical report of the child
examined, and consent of both the child and the child’s parents and extended family is taken.
Children are also given proper counseling before placement, by either a counselor or social
worker, however there is no weaning period for the child to adjust to the foster home.

Children are matched with foster parents based off of state criteria that stipulate a particular age
gap between the child and foster parent, the necessary sex of the foster parent, as well as takes
into account the financial, social, and cultural background of the foster parent. Madagaar refers
children to foster parents that are between 25 and 40 years old, and covers all of the parents’
details before placement.

Madagaar conducts no form of monitoring once a child is referred to the foster care placement,
however, it does report some premature failures of placement because foster parents did not
perform their responsibilities according to agreement. When foster care placements fail, the only
available exit strategies are to return the child to a shelter home, or to reintegrate the child with
their biological parents if possible. However, this second scenario rarely works to the child’s
benefit. In this case, biological families have given their child for foster care in hopes of
providing their child with better care. If the foster parents fail and the child is returned to their
biological family, they must often contribute to their families’ income, either as a domestic
worker, or as a beggar.

Pakistan does not have comprehensive legislation to ensure the protection of children without
parental care; the issue is left to the province legislatures. While three provinces have laws, they
deal mostly with establishing and licensing orphanages, not with non-institutional care. Foster
care in Pakistan is jointly managed by NGOs and pertinent government bodies, however it is
funded entirely by NGOs. While Pakistan has no state implemented legislation pertaining to
foster care, there are 5 to 10 other organizations in Pakistan that deal with alternative care.
Madagaar is park of a network of NGOs involved in alternative care called the Child Rights
Fieldwork Report: Research project - Foster Care in South Asia

Movement. It is through this network of affiliate organizations that Madagaar identifies children
in need of foster care placement.

6 .FAMILY SERVICE CENTRE, MUMBAI

Family Service Centre (FSC) is a voluntary organisation that is committed to preserve, promote
and strengthen the family as the core unit of society, so that it can provide a supportive
environment for the holistic development of a child. Founded in 1955, FSC is managed by
professional social workers under the technical guidance of the College of Social Work, Nirmala
Niketan, Mumbai. The Vision, Mission and the commitment of the Organisation has been to
empower families in difficult circumstances, through its various family strengthening, non-
institutional and community based intervention programmes. This approach of FSC is based on
the conviction and principle that “Every Child has a Right to be brought up in a nurturing family
environment”. Thus FSC has been a pioneering agency in promoting the non-institutional
approach through its various intervention programmes like Adoption, Foster Care, Kinship Care,
Sponsorship and Community Outreach. The community outreach programmes in the area of
nutrition, health, education, women's empowerment through self-help groups and leadership
programmes for the youth are some of the interventions towards the goal of sustainable
development through people's participation and civil society partnership. The Organisation
works in several communities around the Colaba area and also has outreach programmes in
Uttan, Bhayender. This intervention demonstrates the replication of a model of community
empowerment through people's participation.

The FSC has made a contribution from micro grassroots level interventions to macro level
programmes, policy development, as well as review of legislations that impact children. The
integrated perspective and a multidisciplinary approach in working with various professionals in
the field has been an effective strategy. The Government and civil society partnership has also
been an integral part of all the initiatives of Family Service Centre. Undertaking reviews, field
action based surveys, and research has contributed in improving the interventions. Orientation,
training, sensitisation workshops have helped in sharing expertise and in the capacity building of
professionals in the field of social work[1]
Fieldwork Report: Research project - Foster Care in South Asia

FSC is a pioneer organization to initiate the foster care scheme under Central Social
Welfare Board in 1964. In 1994, the Government of Maharashtra took over the scheme
from the Centre and renamed it Bal SangopanYojana (BSY). It is now a State Government
run programme which provides alternate family care to children in difficult circumstances,
wherein their biological parents are not able to care for them due to crisis situations;
thereby preventing institutionalization.[2]

FSC works in a wide variety of domains which include: Foster Care, Group Foster Care,
Institutional Care, Policies for administration of orphanages, Health programs for children,
Education programs for children, Measures for securing safety of children, Adoption guidelines,
Sponsorship, Community Care, Juvenile offenders reformation programs.The organization
operates in an Urban Area.

The guidelines and legal regulations on the basis of which FSC regulates and guides its
alternative care practices(including foster care services) are JJ Act and UNCRC guidelines.

The organization is actively involved in foster care and the following is an excerpt on foster care
from FSC’s document: The Family Strengthening and Non-Institutional Alternative Care
Approach to Child Protection:

“Foster Care provides temporary, substitute care for children, whose parents are unable to care
for them due to illness, death, desertion of one parent or any other crisis situation. It is different
from adoption where the child severs all ties with his own natural parents. It could also be a
service for prevention of abandonment to the single, unwed mother who does not want to give up
her child irrevocably in adoption but needs support for a temporary period. In foster care, the
child is placed in another family for a short or extended period of time, depending upon
circumstances. The child’s own parents usually visit regularly and eventually after the
rehabilitation, they may return to their own homes.

Whilst locating a foster home, it is important to assess the suitability, competence and motivation
of the foster parents and the home must be as close as possible to the child’s ethnic, socio-
cultural and economic background. This compatibility facilitates the process of adjustment and
the transition from the natural home to the foster home and vice versa so that the emotional
trauma for the child is minimised. Kinship and Foster Care is also another alternative, where a
Fieldwork Report: Research project - Foster Care in South Asia

child’s own relative would care for the child. The Foster Care Scheme must provide financial
support to the foster family in order to care for the child as well as support to the natural parents
towards rehabilitation so that they may take the child back when possible.”

As per the organization there have been no instances wherein the legal framework used as
reference for practicing alternative child care (foster care in particular) could not be
implemented. The state provides financial assistance for the foster care program under Bal
Sangopan Yojana. In FSC, two categories of children are placed in foster care. (1) Those
certified by the CWC as being legally free for adoption (2) Children from families faced with a
crisis situation. FSC is successful in providing foster care in both cases but difficulties are faced
in second category in finding unrelated foster care providers, mainly as monetary incentive is
low, and carers are unable to meet all expenses.

For families facing crisis, alternate family care for the children affected are sought through the
support of relatives and neighbours till the crisis is over. Counselling and rehabilitation
mechanisms are employed to get the family back to normal and the children are reintegrated into
the family of origin. Here the emphasis is on identifying the strength of the family and building
their capacities to handle the problems faced by them. The social workers play an important role
as the families in crisis need a support system to get back to normalcy. Networking with different
systems is important to see that the child does not lose out on other needs. This being the
government programme, the Organization gets the support of the Government[3] Intervention
strategies for each client are charted as per their needs and in consonance with them. Extensive
work and networking is done to raise resources as the funds of Rs. 500/- pm received from the
government for each client doesn’t cater to their needs especially extensive medicals and
educational expenses. Scope of interventions with the client includes individual and group
counseling, school and home visits, raising funds especially for their medical and educational
needs[4]. If a child is physically and/or mentally challenged even then he/she stands a chance to
be taken into account in terms of placement with a foster family.[5]

The children who have been declared legally free for adoption are shifted from foster care to
adoption once suitable families are found for them while those who were placed in foster care
due to crisis in family are reintegrated with their families.
Fieldwork Report: Research project - Foster Care in South Asia

The main challenges that FSC encounters in imparting foster care services include: difficulty in
finding volunteer foster parents, overall lack of awareness among the general population and
failure of foster care due to financial or personal constraints.

[1] http://www.fscmumbai.org/books/book_The_Family_Strengthening.pdf

[2] http://www.fscmumbai.org/Adoption.html

[3] http://www.fscmumbai.org/books/book_The_Family_Strengthening.pdf

[4] http://www.fscmumbai.org/Adoption.html

[5] ibid

7. FOSTER CARE INDIA(2015)

Foster Care India operates in Udaipur, Rajasthan, India and aims to help the children in need of
care and protection across Rajasthan and has collaborations at local, state, national and global
levels.FCI’s international collaborations include- UNICEF, Save The Children and Friends of
Foster Care India.The organisation was registered as a trust under Rajasthan Public Trust
Act(1959) in 2012.It focuses on advocacy, direct practice, capacity building and research in
order to contribute to the existing work on non-institutional alternative care (NIAC) in India .

The organisation provides community care, foster care, sponsorship and aftercare services for
children in need of care and protection. It provides individual foster care and kinship care as two
different types of foster care services.The foster care services are managed and implemented
jointly by the NGO and government body and the funding is also derived from both these
sources.The written down policies and guidelines that guide FCI’s foster care services include
the Rajasthan Foster Care Rules 2014, Central Government Foster Care Guidelines 2015 (in draft
form only).

FCI prioritises the children’s right to grow up in the safe and nurturing environment of a family
so children are placed either in kinship care or individual care.Based on state criteria, children
from age 0 to 18 who have been abandoned, who are destitute, differently abled, HIV infected,
abused and neglected or are ineligible for adoption(but in need of care and protection) are
Fieldwork Report: Research project - Foster Care in South Asia

eligible for FCI’s foster care program.Children are identified from State (Government) Homes,
Communities, Hospitals, Schools.

Before the placement of a child in the foster care program, the child’s case study is prepared and
a home inquiry is conducted wherein the consent of the child’s parents/relatives/extended family
as well as the child’s consent is taken.The medical report of the child is also examined.Based on
all this an individual child care plan is devised for the child.In addition, proper counselling is
also given to the child to resolve any existing issues and apprehensions and to prepare the child
for his/her stay with the foster family.

The potential foster parents are also assessed on a number of criteria and parameters.Firstly the
parents are required to submit an application form.Thereafter the history of the child is revealed
to them.Consent from other family members of the foster parents family is also taken. Medical
clearance is given and police verification of the foster parents is also undertaken.Reference
letters for the potential foster parents are also procured.Proper childcare training is also given to
the parents before and after the placement of the child in their foster care.The potential foster
parent and the child are matched on financial, social, ethnic,religious, linguistic and cultural
backgrounds. The gender variable is also considered while placing the child.

The foster parents have to fulfil all the legal or contractual responsibilities related to the overall
care and wellbeing of the child.These include-providing food, shelter,clothing,medical, dental
treatment (and similar treatment necessary to promote and maintain child's health), education,
training, recreation and employment opportunities according to child's age, developmental needs
and interests.Keeping the child safe from exploitation and maltreatment, participating in foster
parent training opportunities, supporting contact between the child and their counsellor and
biological family, respecting the privacy of the child and his/her biological family and treating
any information about them confidential are some of the other responsibilities of the foster
parents.The foster parents must also ensure that the child’s whereabouts are known at all times,
including reporting any changes of address, plans to holiday away and episodes of running away,
complying with foster parent agreement, immediately report any critical incidents such as
injuries, instances of alleged abuse by anyone and any criminal or self harmful behaviours
committed by the child.
Fieldwork Report: Research project - Foster Care in South Asia

When contacted in 2015, FCI reported that it has rules which require the child placed in the
foster family to be monitored fortnightly, for the complete duration of foster care
arrangement.But in 2016 they reported that monitoring occurs on a monthly basis for the entire
duration of the foster care program.When we contacted FCI in June 2015, no children had been
identified or placed in foster care or reintegrated with their biological families.Therefore when
contacted in 2015 there were no cases of reported premature failure of their foster care
program.But when recontacted in 2016, FCI had placed 4 children in foster care.With regards to
provisions related to care of the child after leaving foster care, the system is not in place, but the
plan in the Rajasthan Rules is for children to have an Individual Child Protection plan that
continues with them after 'aging out' of care.

The organisation has faced numerous challenges in imparting and implementing its foster care
services.These include-dealing with the State/Government agencies, delay in
processes/procedures, difficulty in finding volunteer foster parents, difficulty in finding volunteer
foster parents willing to take siblings, overall lack of awareness among general people, difficulty
in preparing the child for the foster family, lack of trained human resource in field of foster care,
lack of proper assessment / monitoring / follow-up mechanism, lack of a proper platform /
network between NGOs and the State to address the need of foster care, finding foster parents
willing to take HIV affected children or street children or children with emotional baggage,
difficulty in child-parent matching, lack of data bank of foster parents, societal stigma; lack of
support from neighbours / relatives of foster parents, failure of foster care due to financial or
personal constraints and inadequate support by Government / State during emergencies.So a lot
needs to be done in order to overcome these myriad challenges.

Note on Comparison

The organisation FCI was contacted on 2 different occasions- once in 2015 and the second time
in 2016.The major differences noted were in their monitoring policy which was changed from
fortnightly to monthly in 2016 and the other notable feature was that FCI had placed 4 children
in foster care in 2016 while till 2015 they reported none.

8. TERODI (website could not be reached)


Fieldwork Report: Research project - Foster Care in South Asia

[Tribal Education and Rural Orphan Development Institute (TERODI) Distt.- Dhenkanal-759
014, Orissa. ]

TERODI- Tribal Education and Rural Orphan Development Institute is an organisation situated
in the Dhenkanal district of Orissa.It is associated with child care and child rights through its
institutional care and foster care services.It also undretakes fund raising activities to raise funds
for its child care services.The organisation is instrumental in providing group foster care,

Foster care management and implementation in TERODI is jointly managed both by the
government and the NGO.The written down rules and policies that cover foster care include
Central Government Foster Care Guidelines 2015 (in draft form only).The source of funding is
derived from the government.

The age range for the applicability of foster care services is 6-18 years in TERODI.The
organisation provides both long term and short term foster care services and the average tenure
of the placement of the child is 5 to 10 years[1]

The children are identified for foster care from those children who come to TERODI and are not
identified from any other outside sources like schools, hospitals etc. Children whose parents
cannot be traced, HIV/AIDS infected children, differently abled children are eligible for
TERODI’s group foster care.Prior to placing the child in a foster family, the medical details of
the child are taken into account and the same applies to the foster parents,they also have to obtain
medical clearance.Matching of child with the potential foster parents is based on financial, social
and cultural background of the foster parent.The legal and contractual responsibilities of the
foster parent involve providing medical, dental and like treatment necessary to promote and
maintain child's health and providing education, training, recreation and employment
opportunities according to child's age, developmental needs and interests.

The children placed in group foster care are monitored on a quarterly basis for 6 to 12 months
and then the monitoring is discontinued.There have been no reported cases of premature
termination or failure of foster care.The biological families of the children are prepared for
reintegration with their children after the term of the foster care is over.[2]

TERODI has mentioned some challenges that it has faced in its foster care services which
include- dealing with the State/Government agencies, delay in processes/procedures, overall lack
Fieldwork Report: Research project - Foster Care in South Asia

of awareness among general people, lack of a proper platform / network between NGOs and the
State to address the need of foster care.

COMPREHENSIVE POLICY REVIEW OF FOSTER CARE AND ALTERNATIVE


CHILD CARE IN SAARC COUNTRIES:
SRI LANKA:
Overview:
Sri Lanka has signed and ratified the UNCRC but as per the constitution of Sri Lanka, the
UNCRC does not hold precedence over national law, unless conflicting domestic legislation is
passed in the interests of national security.
The major written document of legal importance which relates to foster care in Sri Lanka is the
National Child Protection Policy(NCCP), 2013.
(This is the most recent document related to NCCP in Sri Lanka found online- no other
documents that were of a later date than this one could be found online)
NATIONAL CHILD PROTECTION POLICY, 20131
This Policy is intended to ensure effective coordination amongst all organizations and actors
working for the protection and development of the children of Sri Lanka. It addresses not only
protection in terms of rights and obligations, but also general care and well being which includes
education in the fullest sense, provision for leisure, the encouragement of creativity and
participation in social activities.
The policy has a section on- Alternative Care Models including Adoption, Foster Care and
Kinship Care.
The policy recognizes that all children deserve care and protection and that the State should
invest in a legislative framework and service provision which ensures that the principles of the
UNCRC are implemented. Child victims and children at [1]risk of neglect, abuse, maltreatment,
and exploitation are entitled to find accommodation in a place of safety, and this right extends to
temporary and long term accommodation of the child in such a place, with required aftercare.
GoSL has established various laws and regulations of alternative care to guarantee this right.
Recommendations of NCCP:
Ø This policy recommends that a Foster Care Act be implemented through a Foster Care
Commission (FCC) which will have a consultative role and will be convened by the National
Fieldwork Report: Research project - Foster Care in South Asia

Child Protection Authority. This Commission could make recommendations and guidelines for
the 34 effective implementation of the provisions under the Act, as well as specify what type of
foster care is suitable to be provided by each Kinship or Foster carer, and determine the
suitability or otherwise of prospective Kinship or Foster carers.
Ø The guidelines will also include monitoring mechanisms and follow-up of the well-being of
children in Kinship or Foster care, to be implemented by social and child protection workers
working with such children and their families.
Ø Furthermore, Kinship or Foster family care though temporary in nature may continue to
adulthood if necessary, but should not preclude either return to the child’s own parents or
adoption.
Ø Also, the foster placement of children should be regulated by law.
Ø This policy strongly recommends in situations where children are deprived of a family
environment, the State is to provide the necessary mechanisms which ensure that children are
endowed with the care needed in such delicate circumstances.
Ø The regulatory framework which offers alternative care to children in institutional settings
should be reviewed to move towards a Kinship and Foster care system. For the effective
implementation of the proposed Kinship and Foster Care Act, the type of Kinship or Foster
care which would be provided by each Carer should be specified, with systems to determine
the suitability or otherwise of prospective Kinship or Foster Carers.
Ø A Kinship or Foster Carer shall ensure :that the child placed in his care shall be cared for,
maintained, instructed, and educated according to the child’s abilities, aspirations and natural
inclinations. The child should also be monitored by the officers of the NCPA and the CRPO of
the area.
Ø But the State should invest in Kinship and Foster Carers, and provide incentives to more
adults to take up the role of Kinship or Foster Carers, particularly in the North and East and
Southern Provinces where the numbers of children under kinship care is high.
Issues that the NCCP addresses:
Ø The NCCP recognizes Foster Care as a form of alternative care.
Ø It recognizes the need to set up a legislative framework for implementing UNCRC guidelines
and for regulating and imparting foster care. For this it suggests that a foster care act be
implemented through Foster Care Commission(FCC)
Fieldwork Report: Research project - Foster Care in South Asia

Ø The NCCP calls for foster placement to be regulated by law and recommends setting up of
certain guidelines which cover the following aspects:
ü Type of foster care suitable
ü Monitoring mechanism and follow up of wellbeing of children in foster care
ü Tenure of foster care- temporary(short term) or long term
ü Determining suitability of foster care providers
ü Responsibilities of foster carers towards the child
Ø The NCCP recommends that the State should invest in foster care and provide incentives to
adults to take up foster care.
Issues that the NCCP does NOT address:
Sri Lanka’s National Child Protection Policy is just a set of regulations and recommendations for
setting up a Foster Care Commission and suggests that certain guidelines should be formulated
for regulating foster care. It does not lay down guidelines which are clear cut and exhaustive.
It neglects the following aspects related to foster care in the suggestions that it has given:
§ Age range of the child
§ Selection criteria for placement of child (eg. Destitute children, children ineligible for
adoption etc.)
§ Child’s details to be taken into account
§ Whether there would be matching criteria or not
§ Course of action in case of premature failure of foster care
§ Reintegration, Exit strategy.
In short the NCCP is only the first step towards forming a state regulated plan for foster care as
an alternative care service.
ADDITIONAL DETAILS ON FOSTER CARE PRACTICES IN SRILANKA-POLICIES
AND MECHANISMS-
Source[2]
Ø Following the Tsunami, the Tsunami (special provisions) act No 16 of 2005 came into
operation in June 2005. This encourages foster care and prevents placing children in institutions.
Ø There are provisions for relatives and friends who foster the children to legally adopt the child
after one year.
Fieldwork Report: Research project - Foster Care in South Asia

Ø Department of Probation and Child Care along with National Child Protection Authority are
responsible for finding a suitable foster parent. Following the Tsunami, Department of Probation
and Child Care along with help from UNICEF placed the children who had lost the parents with
suitable relatives or friends. These custodians were required to apply to the Magistrate's Court to
gain permission for fostering (This is family and friends/Kinship fostering ).
Ø Foster care is being closely monitored. In the instance where a child is found to be not cared
for satisfactorily, the Department of Probation and Child Care will take the necessary steps to
find and place the child in alternative care. Placing a child in an orphanage could happen in
extreme circumstances and as the last resort where fostering becomes impossible.
Ø Sri Lankan authorities are steering towards implementing foster care programme and only
placing a child in an orphanage as a last resort.The commissioner of the Probation and Child
Care Department for the Eastern province had sent a circular preventing further addition of
children into existing orphanages and establishing new orphanages/children homes.
Ø Foster care is being implemented with involvement of various departments and related
charitable organisations.
Ø Type of Foster care implemented in Sri Lanka is known as Family and friends/ Kinship foster
care where a child (orphan) is fostered by the most fit and suitable person from the extended
family (Grandmother, Uncle, Aunt, and close family members).
Ø Details of orphans are collected by the Department of Probation and Child Care. Other
charitable and community organisations also help in identifying orphans. The department also
identifies the most suitable foster parent from the extended family. Once the foster parent is
established, officials from t[3]he Department of Probation and Child Care apply for permission
from the magistrate. Once the permission is granted, the child is united with the foster parent and
SLR 500 is given to each child per month.
Ø On most occasions these children are cared for by members of the extended family due to
natural affection. They apply to the magistrate to foster, through the department of Probation and
child care.
Ø In most instances foster parents are also poor as they would have lost their livelihoods and
income generating recourses due to the Tsunami and in the conflict. Therefore these families
need additional support to look after these children.
Fieldwork Report: Research project - Foster Care in South Asia

TsunamiAct3
(Basic Details)

What sets Sri Lanka apart from the other nations in the region from a legislative
standpoint is that it also references the very pertinent issue of alternative care for children
in its Tsunami (Special Provisions) Act of 2005. Part II of this act deals with the custody of
children and young persons in need, who are defined in section 7 as children without any
parents or even with a single parent who is unable to take care of them. Section 8 decrees that
the National Child Protection Authority will maintain a record of all such children, while
section 9 states that the parent, guardian, or custodian of such a child must register themselves
as well (it is assumed that this is dealing with areas affected by the tsunami).58

Section 11 calls for the guardian of the child or the child him/herself to inform the authority of
their desire for foster care, and thereafter the authority shall act as the guardian of any child
placed under foster care and be responsible for his/her education and special care. Section 13
details the method through which the current custodian of a child can apply to become his/her
foster parent (involving the submission of forms to the magistrate’s court), and sections 14 &
15 outline the procedure by which a Foster Care Evaluation Panel (composed of a
psychologist, psychiatrist, the chairman of the authority, and directors of education and
health services) shall evaluate this application and inform the authority of their decision. Upon
receiving a positive recommendation, the court may, under section 16 of this act, “with the
consent of the child where such child is over ten years of age […] issue a Foster Care Order
appointing the person or persons named in the application as the foster parent[s].”59 Section
16 also necessitates the appointment of a monitoring officer who, as mentioned in section
18, shall monitor the performance of the foster parents (using the guidelines presented for
foster parents under section 17) and report to the authority every three months. Section 19
gives monitoring officers the power to enter and inspect any foster care home and anyone who
tries to obstruct them may be imprisoned or stripped of their foster parent status.

Section 21 emphasizes that adoption will not be considered until the child has been placed in
foster care first, however, section 22 states that a foster parent may apply to the District Court
(unless the child is under ten years of age, in which case the consent of the national authority is
required as well – section 23) to adopt their child. Finally, section
Fieldwork Report: Research project - Foster Care in South Asia

27 of this act establishes its eligibility to children, who are defined as persons below the age
of 18, and young persons, who are older than 18 but younger than 21.

Contribution and Challenges:


⦁ The National Child Protection Authority has 9 provincial departments

⦁ 368 government institutions with 15874 children


⦁ Government Sevana Sarana Foster Parents Scheme
⚪ Helped over 18000 children to date

⚪ Foster parents must make annual donations for the child they take in
(creating a savings account at a bank). These donations will accrue
interest and a portion will be given to the foster families, while the rest will
provide financial stability for the child after alternative care has run its course.

CONCLUSION-THE OVERALL STATE OF POLICIES AND MECHANISMS


RELATED TO FOSTER CARE IN SRI LANKA:[4] (from 2004 to 2013)

Ø Sri Lanka’s child protection authorities faced an enormous challenge when in a matter of
minutes more than 4000 children lost one or both parents in the December 2004 tsunami.
Providing alternative care for separated and unaccompanied children, and making sure that they
were safe from harm became an immediate need that stretched existing legal and organizational
frameworks to their limits.

Ø Foster Care in Sri Lanka is something that needs to be developed further and the Tsunami
provided an entry point for establishing it as a viable alternative method of care. ‘Tsunami Act’
provided a provincial system to process fostering. Difficulties arose however when the regional
infrastructure needed to implement the process could not be mobilized.

Ø A comprehensive review of the Department of Probation and Childcare in October 2005 saw
a number of priorities set with regard to streamlining legislative frameworks, upgrading the
quality of probation services, building staff capacity, identifying the roles and responsibilities of
probation and child rights protection officers and strengthening alternative care arrangements
for children.
Fieldwork Report: Research project - Foster Care in South Asia

Ø The latest document available, related to foster care is the National Child Protection
Policy(NCPP),2013 which gives recommendations for establishing guidelines related to foster
care in Sri Lanka.

BANGLADESH:
Bangladesh is a signatory of the UNCRC. But the UN Convention of the Rights of the Child
does not take precedence over domestic legislation pertaining to the protection of children at
risk. However, ratified treaties do hold persuasive value, and have “been cited in Bangladeshi
courts.
The Children Act 2013, is the only Act found online which has provisions on Alternative Care
but it does not directly mention anything related to foster care in Bangladesh specifically.
CHILDREN ACT 2013:[5]
The legislation relevant to alternative care for children was previously the Children Act of 1974,
but the Children Act 2013 has recently repealed this, “enacted for the purpose of implementing
the United Nations Convention on the Rights of the Child.”
The first of the new provisions relevant to alternative care is the establishment of National,
District, and Upazila (tier of administration lower than district in Bangladesh), a goal that has a
separate chapter dedicated to it. The National Board “has to responsibility to monitor, coordinate,
review and evaluate the activities of the Child Development Centers and of certified institutes”
and is comprised of politicians, police officers, members of voluntary organizations dealing with
children, as well as “local elites.”
ALTERNATIVE CARE:
Disadvantaged children
A child will be considered as disadvantaged where either or both of her or his parents are
dead, or who is without any legal guardian, or who is without any home or means of
livelihood, or who is engaged in begging or in any activity against the interest of the child,
or who is dependent on parents who are in prison or who is living in a prison with the
mother undergoing imprisonment, or who is a victim of sexual assault or harassment, or
who is staying with the person who is a prostitute or engaged in anti-social or anti-State
activities, or who is disabled, or who has behavioural disorder caused by drugs or any other
reason, who has fallen into bad company or may face moral degradation or is under the risk
Fieldwork Report: Research project - Foster Care in South Asia

of entering into the criminal world, or who is living in a slum, or who is homeless and living
in the street, or who is effeminate (hijra), or who is a gipsy or Harijan (low caste Hindu), or
who is infected or affected with HIV AIDS or who is considered by the Children‟s Court or
the Board to be in need of special protection, care and development.
i) Care within the family or the community
The provision of alternative care has been incorporated in the new law for the benefit of
disadvantaged children and children in contact with the law. Alternative care may be arranged
in order to ensure the overall welfare and the best interest of disadvantaged children and
children in contact with the law who need special protection, nursing and care and whose
development is needed to be ensured, upon consideration of their familial, social, cultural,
financial, ethnic, psychological and educational background. It is a requirement of the law that
full assessment report of a child prepared under section 92 must be considered before sending
him to alternative care.
ii) Reintegration:
When deciding on means and method of alternative care, reintegration of the child with his
parents shall be considered on a priority basis, but, if the parents are divorced or separated, the
child will be reintegrated with one or other of the parents upon taking into account the child‟s
opinion. Further, before prioritizing the opinion of the child, the characteristics of the parents and
the reason for the separation between them shall be considered. Where it is not possible to
reintegrate the child with the parents, the child may be reintegrated with the extended family or,
in the absence of the parents, with the guardian, person supervising the child or any fit
person as community based integration. If it is not possible to integrate the child to any person
mentioned above then the child shall be sent to any institute deemed suitable.
iii) Determiner of alternative care
The Child Welfare Board or the Probation Officer shall determine the most suitable alternative
care for the child, taking into consideration the best interest of the child.
iv) Establishment of alternative care system by the Department
The Department shall make the following arrangements for setting up alternative care system
under this law-
(a)Programme for counselling or providing financial or other support for the parents or
guardian or person supervising the child or members of the child‟s extended family.
Fieldwork Report: Research project - Foster Care in South Asia

(b) Providing counselling and taking necessary steps for training on provision of stipend,
determining need of livelihood and reintegration with parents.
(c) Setting up monitoring system for implementing the above provisions.[6]
(d)Undertaking any other relevant step for the purpose of carrying out the objectives of the Act.
[7]

(v) Duration of alternative care and follow up:

In order to protect the best interest of the child the duration of alternative care may be short
term or long term.The Probation Officer shall periodically review the care arrangement
taking into consideration the opinion of the child and his family. As part of this review the
Probation Officer shall regularly observe the child‟s alternative care informing the District or
Upazila Child Welfare Board or the Department as appropriate. Based on his review, the
Probation Officer shall recommend to the Department to consider adopting any other mode of
care for the child under this Act.

(vi) Forwarding of the child by any person or organisation etc.

Any person or organisation coming across a child in contact with the law or in conflict with the
law or coming across any information about such child shall send the child or the information
to the nearest Police Station, Probation Officer or Social Worker or to the Department or its
nearest office. The Probation Officer or Social Worker upon receiving such a child or upon
receiving information about such a child shall record the information in the form prescribed by
Rules and in case of a disadvantaged child, send the child or the information to the Department
or its nearest office.

(vii) Assessment of child

The Probation Officer or Social Worker upon receiving a child under this Act shall keep the
child in a suitable institute or in any other safe home, shall assess him in accordance with the
Rules, and shall take necessary measures under this Act in order to ensure his overall
development. It is also the duty of the Probation Officer or the Social Worker to inquire about
the actual condition of the child and also to trace out the parents or guardian or person
supervising the child or legal guardian or members of his extended family.
Fieldwork Report: Research project - Foster Care in South Asia

(viii) Information to be submitted to Board


In order to ensure the best interest of the child the Probation Officer shall forward all the
information kept and received by him to the relevant Child Welfare Board through its Member
Secretary and shall also send a copy to the Director General of the Department.
The District or Upazila Child Welfare Board shall review the information received and shall
make recommendations to the concerned authority for the overall welfare of the child.
Issues that the Children Act, 2013 addresses:

The Children Act 2013 does not address the concept of foster care directly but refers to
alternative care in general.

The legal framework for alternative care provided by the Children Act, 2013 address the
following:

ü Disadvantaged children- who all would be considered for alternative care services

ü Care within family and community as a form of alternative care

ü Aspects related to reintegration of child with family

ü Child Welfare Board or Probation Officer as determiners of alternative care

ü Programme for counseling, monitoring system

ü Duration of Alternative Care and follow up

ü Identification of the child

ü Assessment of the child

Issues that the Children Act,2013 does not address:

Since the Children Act does not address foster care directly, there are no specific policies or
legal framework related to foster care in Bangladesh, as far as the information gained through
surveying 3 Bangladeshi NGOs and through online search.

So the legal framework of Bangladesh neglects a range of issues related to foster care owing to
a lack of specific written guidelines. They are:
Fieldwork Report: Research project - Foster Care in South Asia

Ø Type of foster care being followed

Ø Age range for foster care

Ø Typical ratio of no. of children per foster family

Ø Parent details taken into account

Ø Matching criteria

Ø Legal/Contractual responsibilities of foster parent

Ø Frequency or Schedule of Monitoring

Ø Pre term failure of foster care- strategy to be followed

Ø Exit Strategy

Therefore Bangladesh does not have specific written policies for foster care and the Children
Act, 2013 is only an overarching framework for alternative care in general.

AFGHANISTAN:
OVERVIEW:
Afghanistan has no written guidelines or policies pertaining to foster care. There is no single
consolidated Children's Act in Afghan law; rather, laws pertinent to children are found
throughout domestic legislation. For example, juvenile justice matters are covered under the
Criminal and Penal Codes, while matters relating to the definition and capacity of children fall
within the Civil Code.[8]
Information on Child Act(COD), Orphanage centre Regulation could not be found online.
Article 54 of Afghanistan Constitution:[9]
Family is the fundamental pillar of the society, and shall be protected by the state. The state shall
adopt necessary measures to attain the physical and spiritual health of the family, especially of
the child and mother, upbringing of children, as well as the elimination of related traditions
contrary to the principles of the sacred religion of Islam.
National Strategy for Children ‘at-risk’[10]:
Fieldwork Report: Research project - Foster Care in South Asia

With the help of UNICEF, Afghanistan also developed a National Strategy for Children ‘at-
risk’ in 2006. The aims of this strategy are outlined under section 4, and include providing “a
framework for the development of a network of services [and] programs which protect children
and support their families” and a “strategic plan for the transformation of children’s institutions
into broad-based community Child and Family Resources Centers.”6 Section 7 of the strategy
references certain underlying principles that underpin this plan: among others, the Quran,
constitution, UN Convention on the Rights of the Child, and the use of “institutional
residential care as a last resort”

Juvenile Act[11], 2005:


Afghanistan’s Juvenile Act of 2005, which serves as a parallel to India’s JJ Act, contains
legislation relevant to children in need of alternative care. Chapter 6 of this act is titled “Children
in Need of Care and Protection”2 and begins with article 48, which defines children in need of
care and protection as “those that, because abandoned, or anyhow without family or belonging to
a family absolutely incapable to take care of their basic needs deserve intervention by public
welfare authorities and voluntarily [sic] organizations.”3 This is followed by a rather vague
article 49, mandating that public welfare authorities and organizations adopt “appropriate
measures” whenever they come across children in need of care and protection.
Concluding Observations of the United Nations Committee on the Rights of the Child
(UNCRC): AFGHANISTAN,2011[12]
United Nations Committee on the Rights of the Child(UNCRC) in its observation report on state
of child rights and protection in Afghanistan stated the following observation regarding foster
care in Afghanistan:
“Children deprived of a family environment
The Committee expresses serious concern about the continuous increase of institutionalization of
children in the State party, especially children from poor families. The Committee notes with
concern that other alternative care options such as foster care remain underdeveloped which
leads to excessive institutionalization of children. The Committee is also concerned that most
alternative care facilities remain unregistered and are not adequately regulated and monitored.”
Fieldwork Report: Research project - Foster Care in South Asia

It also recommended, “ When the removal of the child from his/her family is necessary,
give preference to foster care or similar family-type settings and only resort to
institutionalization when in the best interests of the child.”
Issues Related to Foster Care Addressed by Afghanistan Legal framework:
Afghanistan has neither any written guidelines or policies pertaining to foster care nor any well
laid down legal framework for Alternative Care. Foster Care in Afghanistan is highly
underdeveloped with no guidelines or policies guiding the foster care practices in Afghanistan.
Foster Care in Afghanistan is largely informal in nature as per the data found online and reported
by the surveyed Afghani organisations. For example, in Panjshir province in Afghanistan, an
informal “foster care” programme functions to place children in need of care in the community
and to subsequently monitor their care.
Hence the legal framework for foster care in Afghanistan is non- existent and it fails to
address any main issues related to the foster care system.
PAKISTAN :
Upon ratifying the UN Convention on the Rights of the Child, Pakistan “made a general
reservation that the provisions of the CRC shall be interpreted according to the principles
of Islamic Laws and values.” This reservation was lifted in 1997, however, the Convention
cannot be applied in courts as ratified treaties do not take precedence over domestic legislation
unless there is a law that enables that gives them this status. The major issue from a legislative
standpoint is still the lack of a comprehensive national framework on the provision of alternative
care to children in need. Legislation relevant to this field can only be found under acts specific to
certain districts.
Islamic Practice: Kafala[13]

The fact is that the Islamic form of ‘adoption’ is called ‘Kafâla’, which literally means
sponsorship, but comes from the root word meaning ‘to feed’. It is best translated as ‘foster
parenting’, ‘Kafala’, or legal fostering, is the promise to undertake without payment the
upkeep, education and protection of a minor, in the same way as a father would do for his son.
‘Kafala’ is an Arabic legal term for a formal pledge to support and care for a specific orphaned
or abandoned child until he or she reaches majority. A form of unilateral contract, it is used in
Fieldwork Report: Research project - Foster Care in South Asia

various Islamic nations to assure protection for such minors, as these nations generally do not
legally recognize the concept of adoption.

In Pakistan, children in especial circumstances are placed under the guardianship of their near
relatives or suitable person appointed by Court. In that case the children do not automatically
adopt the parentage of their guardians. They will legally enjoy all social and economic rights
except for inheritance of property from their guardian.

In Pakistan, ‘Kafala’ defines a system of alternative care that could be considered a form of
customary adoption. It provides a model of alternative care that – unlike legal adoption –
preserves the blood ties between the child and its biological parents – an acceptable
practice under Islam. Under ‘Kafala’, children are placed under the guardianship of an
individual – always the male in the case of a married couple – through either an informal or
formal arrangement: In Islam what can be termed adoption is at best an alternative care
arrangement for a child whose parents have died or are unable to provide the necessary
physical care, love and protection. Such children are then cared for by a set of parents or
guardians who act as caregivers with the consent, whether written or verbal, from the natural
parents or next of kin. Natural parents do not give up their parental rights. Instead, by mutual
agreement, they make care arrangements with others for the upbringing of their child.
Importantly, under ‘Kafala’, adopted children have no inheritance rights and typically do not
take on the family surname. This is due to the primacy Islam places on family relationships,
parentage and lineage. However, adoptive parents may bequeath property rights on their
adopted children.

‘Kafala’ appears to take place without the state involvement in certain circumstances, for
example between members of an extended family. By far the majority of adoptions in Islamic
states take the form of informal, long-term, first party, care arrangements (or Kafala) within the
child’s extended family and, as there are no placement rights as such, the parties are essentially
left to their own devices.

Specialized services organized at community or at district level addressed to the child who is,
either temporarily or definitively, deprived of the care of his or her parents, or who, in order to
protect his or her interests, cannot be left in their care.
Fieldwork Report: Research project - Foster Care in South Asia

Kafala and foster care[14]

Kafala is similar to (long-term) foster care in the conferment of some (not full) parental rights
and responsibilities for a child’s upbringing in respect of both the person and property of the
child. Further, fostering is recognised and permitted under Islam (unlike adoption) as an
alternative care form which is distinct from kafala. However, foster children are not permitted
to marry anyone with whom they were fostered, but those adopted under kafala may marry
anyone from that family. Both foster and kafala children have no inheritance rights except as
sadaqa (gift).

Kafala is similar to kinship care to the extent that they both generally promote continuity in
upbringing in relation to children’s cultural and religious backgrounds. This is primarily due to
the fact that, in both cases, the closest relatives available usually absorb the children (on an
informal, largely spontaneous and unregulated basis). Generally, such relatives usually share
several elements (like culture and religion) in common with the children involved. Both kafala
and kinship care are thus able to provide stability and continuity for the progressive growth and
development of the child.

National Child Protection Policy, Pakistan, 2008[15]


The beneficiaries of continuing care services are:
i) the child whose parents are deceased, unknown, deprived of the exercise of parental rights,
placed under interdiction, declared dead or missing by a court of law and for whom no legal
guardianship could be established;
ii) the child who, in view of his or her best interests, cannot be left in the care of their
parents, for reasons for which the parents cannot be held accountable;
iii) the abused or neglected child;

iv) the foundling or the child who has been abandoned by his or her parent;

v) The child who has committed an act prohibited under the criminal law but who is
not criminally liable. Participation of the child as an active contributor to his/her rehabilitation at
every step of the process. Professionals must ensure the child’s participation at all stages of the
development of the plan of services, including the allocation of specific responsibilities for both
Fieldwork Report: Research project - Foster Care in South Asia

the institutions providing services, and for the child. This is of crucial importance in reinforcing
the child’s autonomy and his/her preparation for reintegrating into society.

Type of services: - “Kafala”/Foster care services, - family-like residential care services: Child
Protection Centers, children’s homes, places of safety and re-education facilities.
ISSUES ADDRESSED BY PAKISTAN’S LEGAL FRAMEWORK :
Pakistan does not have any written guidelines on foster care so a range of issues related to foster
care remain unaddressed. The NCPP, 2008 has suggested that Foster Care needs to be developed
as a form of ‘Continuing Care’.
The Islamic practice of Kafala is also practiced as a form of alternative care in Pakistan which
shares some similarities with foster care and kinship care.
ISSUES NOT ADDRESSED BY PAKISTAN’S LEGAL FRAMEWORK
So a range of issues related to foster care remain unaddressed in Pakistan’s legislative framework
related to foster care. It ignores a lot of issues including:
· Age range for children

· Term of foster care

· Legal responsibilities of foster parent

· Criteria for selecting child and foster parent

· Monitoring is non-existent

· Lack of provisions in case of pre mature failure of foster care

· Reintegration of child, exit strategies

Legal framework and guidelines specifically related to foster care are non-existent in
Pakistan. A lot needs to be addressed with regards to foster care in Pakistan.

MALDIVES

Overview:
Fieldwork Report: Research project - Foster Care in South Asia

In Maldives, ratified international treaties do not become part of the national legislation,
and therefore the laws of Maldives do not directly incorporate the UN Convention on the
Rights of the Child.

Government of the Republic of Maldives: Response Report to Convention on the


Rights of the Child:[16]

On 23 August 2015, the Ministry of Law and Gender enacted the State Custody
Regulations and the Interim Foster Regulations. These two regulations set in place a
system of alternative care for children deprived of primary family environments and
in accordance with its international obligations.

As noted in the Committee’s recommendation on Article 21 the newly introduced


regulations ensure a more systematic approach to legal guardianship, allowing greater
protection for vulnerable children, greater safeguards and enhanced monitoring by the
State whereby a child is put into alternative care arrangements.

A child is fully entitled to a number of benefits under these regulations, apart from
inheritance rights, which could be executed, under common law through wills of legal
guardians.

New Child Rights Bill to be adopted:

The Child Rights Bill has been submitted to the Parliament, and will be tabled for debate
during the first quarter of 2016. The Bill will replace the Child Rights Protection Act
(Law No 9/91). The main reason for updating the Child Rights Protection Act is to make
the Law more consistent with the relevant provisions of the Convention. It also aims to
make the Act more explicit on rules of provision of State care to children in need,
responsibilities of State in implementing the law, a coordination mechanism amongst
related agencies, enabling provisions to facilitate foster care services and monitoring
mechanisms and to provide liabilities of parents or legal guardians who contravene the
responsibilities provided in the Law.

The Bill introduces a national child care and protection system, whereby the provision of
ambulant services, foster care, and residential care services are mandatory on the State.
Fieldwork Report: Research project - Foster Care in South Asia

Under the Bill, the State can take children in need under State care via special
procedures in relation to acquisition of legal guardianship of such children. The Bill also
introduces guidelines on fostering children who are under State care. In order to
overcome a major systemic bottleneck experienced in cases where consent is
withheld by parents of the children who are under State care, the Bill enables the
courts to deem consent in such cases. In contrast to the present legislation, the Bill
introduces special enforcement procedures where the Minister may intervene to protect
the interests of the child upon obtaining specific forms of court orders.

NEWS REPORT: MALDIVES INDEPENDENT:

New regulations allow children to be placed under foster care[17], August 2015

Important Excerpts Related to Foster Care Guidelines in Maldives:

“The ministry of law and gender enacted new regulations governing foster care for
children under state care, the first institutional and legal framework of its kind in the
Maldives.

The regulations lay out procedures for placing children under foster care and
specify eligibility criteria for foster parents.

Ø Children can be placed in foster care for six months, during which a case
worker from the gender ministry will conduct a field assessment of the child’s
treatment by the foster parents.

Ø Based on the assessment report, the foster period can be extended a further six
months, after which the foster parents will be granted permanent custody of the
child.

Ø Formal adoption is not allowed under Maldivian law. Adopted children will
not have the legal responsibilities and inheritance rights of biological children.

Ø 115 children are currently under state care at the children’s home in Vilimalé,
which has the capacity of housing 40 children. Children who do not have the
option of living with family or relatives or whose family members have not
Fieldwork Report: Research project - Foster Care in South Asia

contacted or visited at the Vilimalé shelter will be eligible for foster care
provided they have no serious health complications.

Ø Under the new regulation the state can place the child in foster care without
prior consent or request of the biological parent.

Ø The applicants for foster care must be a Maldivian married couple between the
age of 25 to 40. Applicants must also be listed in the ‘foster parents registry’ and
must possess the financial, physical and mental capacity to be a parent.

Ø Applicants cannot be a relative of a child who is already under state care or an


individual who has returned the custody of a child placed under foster care.

Ø Foster parents must not have a criminal record or be facing criminal


prosecution. They also must be literate and know Islamic prayer rituals, including
how to perform the five daily prayers and recite the Holy Quran.

Ø The state will not provide financial assistance for foster parents and they are
not allowed to reside outside of Maldives during the interim foster period.

ISSUES RELATED TO FOSTER CARE ADDRESSED BY MALDIVES’ LEGAL


FRAMEWORK:
Maldives is moving towards developing regulations for foster care and is making efforts to
systematise foster care so that it can move towards de-institutionalization of children and provide
them with loving family environment.
The major issues that the new interim foster care regulations include:
ü Criteria for placing children in foster care
ü Issues Related to consent from biological parent
ü Duration of foster care
ü Monitoring and assessment
ü Age range and nationality of foster parents
ü Certain essential criteria or pre requisites for foster parents
ü Legal responsibilities of the foster parents.
Fieldwork Report: Research project - Foster Care in South Asia

ISSUES RELATED TO FOSTER CARE NOT ADDRESSED BY MALDIVES LEGAL


FRAMEWORK:
Maldives has recently made some interim regulations on foster care and is in the process of
adopting Foster Care in a systematized manner.
The foster care regulations cover the basic issues related to foster care but neglect some detailed
issues related to foster care services:
(The original document on the interim regulations on foster care could not be found online and
the regulations above are based on a news report, hence they are not thorough. The following
unaddressed issues are on the basis of the data found online and need to be further corroborated
with the original document and clarifications.)
· Exact age range of children to be placed in foster care
· Issues related to consent of child and other criteria related to child not well specified.
· Course of action in case of premature failure of foster care
· Strategies for reintegration of the child and exit strategies not addressed
BHUTAN
Overview:
The Bhutanese Constitution itself is relatively new, having been enforced in 2008. It is unclear
what position the UN Convention on the Rights of the Child holds in relation to domestic
legislation on the protection of children, as there is no specific reference to the status of ratified
international treaties in the Constitution.
THE CHILD CARE AND PROTECTION RULES AND REGULATIONS OF BHUTAN
2015:[18]
The Child Care and Protection Rules and Regulations of Bhutan, 2015, mentions provisions
related to Kinship Care and Foster Care under its Alternative Care chapter.(Chapter 10)
The relevant excerpts are as follows:
Alternative care
136. Section 22 of the Act provides for the separation of the child from the child’s parent/s if
it is found to be in the best interests of the child to do so, and Section 70 (c) of the Act
provides for the placement of the child in a place of safety if so deemed fit.
137. If in line with Rules 7 (f) and 95 it is determined that such separation is necessary and
Fieldwork Report: Research project - Foster Care in South Asia

is in the best interests of the child, and it is found that the child’s parent/s are unwilling
or unable to care for the child, even with appropriate support, or the child cannot be
placed with parent/s due to risk of harm, alternative care shall be provided for the child
in accordance to Chapter 10 of this Rules and Regulations.
Children who require Alternative Care
138. Where, for the foreseeable future, the child has no willing and able parent/s or cannot be
returned to the child’s parent/s or family or legal guardian due to risk of harm, alternative care
including long-term care shall be provided.
139. Responsibility for the child removed from the child’s parent/s vests with the Competent
Authority, and the Competent Authority shall determine the most appropriate alternative care
placement.
140. The Standard Operating Procedures on Management and Referral of Cases shall be adhered
to in dealing with any child deemed to require care and protection.
Determination of Best Interest of Children who require alternative care
141. In addition to the considerations set out in Rule 7, the following matters shall also be
considered in determining the best interests of a child requiring alternative care:
a. consideration should first be given to kinship care;
b. where the child is to be placed in kinship care or foster care, the suitability and willingness
of the proposed care giver to accept the responsibilities of a guardian should be taken into
consideration;
c. where there are siblings who require alternative care, all reasonable effort shall be made to
ensure that siblings are placed in the same place of residence;
d. where siblings cannot be placed together, all reasonable effort shall be made to ensure that
siblings are placed in close geographical proximity so that relationships can be maintained;
e. every effort shall be made to preserve the child’s identity and, priority shall be given to
alternative care with a family of the same cultural and other values held by the child;
f. every effort shall be made to place the child in alternative care in the same or as close to as
possible to the child’s habitual place of residence in order to facilitate contact and potential
reintegration with the child’s family and minimise disruption of the child’s educational,
cultural and social life;
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g. every effort shall be made to ensure that contact with the family is maintained, in likelihood
that the child will be able to return to the care of the child’s parent/s in the futureunless it is not
in the best interests of the child to do so;
h. decisions regarding a child placed in alternative care shall have due regard for ensuring the
provision of a stable home and of meeting the child’s basic need for a safe and continuous
environment with permanency generally being the key goal;
i. if a child is with disability, necessary support and assistance shall be provided; and
j. any other matters specific to a particular child in need of care and protection which the
Competent Authority deems to be of relevance.
Obtaining Child’s Views
142. When giving a child an opportunity to express the child’s view on the child’s placement in
alternative care:
a. language appropriate to the child’s age, maturity and capacity shall be used;
b. communication with the child shall be in a way that is appropriate to the child’s
circumstances;
c. the child shall be given an appropriate explanation of any decision affecting the child,
including a decision about the development of a case plan or the effect of the decision or the case
plan;
d. the child shall be given an opportunity to express the child’s views, and any assistance
required, to respond to any decision affecting the child; and
e. the child’s views shall be kept confidential unless it is deemed necessary for the maintenance
of the child’s wellbeing
Statement of Standards
143. A child placed in care is to be cared for in a way that meets the following standards:
a. The child’s dignity and rights shall be respected at all times;
b. recognise and respond appropriately to the child’s right to privacy and confidentiality;
c. the child’s needs for physical care shall be met, including adequate and nutritious food,
clothing and shelter as appropriate to the child’s age and special needs,;
d. the child shall be accorded with emotional care that allows the child to experience being cared
and valued for, and that which contributes to the child’s positive selfregard;
Fieldwork Report: Research project - Foster Care in South Asia

e. the child’s needs relating to the child’s culture shall be met;


f. the child’s material needs relating to the child’s schooling, physical and mental stimulation,
recreation and general living shall be met;
g. the child shall be provided with education, training or employment opportunities relevant to
the child’s age and ability;
h. the child shall be provided with positive guidance when necessary to help the child change
inappropriate behaviour;
i. the child shall be provided with routine dental, medical and therapeutic services and additional
services if necessary to meet the child’s needs;
j. the child shall be given the opportunity to participate in positive social and recreational
activities appropriate to the child’s developmental level, age and ability;
k. the child will be encouraged to maintain family and other significant personal relationships;
l. the child with a disability shall be given due care and assistance appropriate to the child’s
special needs;
m. the child shall be provided access to relevant information that is appropriate to the child’s age
and maturity;
n. age and gender appropriate services in respect of the child’s differing needs at different stages
of development and special needs of the girl child shall be provided; and
o. any other matter that the Competent Authority deems necessary in the best interests of the
child.
Application for Kinship Care
144. An approval for kinship care shall not be granted by the Competent Authority unless the
following conditions have been satisfied:
a. the applicant is a relative of the child;
b. the applicant is a suitable person approved kinship carer for the child;
c. the applicant holds no criminal record;
d. all members of the applicant’s household are suitable persons to associate with the child on a
daily basis;
e. the applicant is able to meet the standards of care in the statement of standards; and
f. the applicant is able to help in appropriate ways in ensuring the child’s care and protection.
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145. Prior to placing the child in kinship care, the Competent Authority shall give proper
consideration to whether the family member is committed to:
a. facilitating contact between the child and the child’s parent/s and other family members,
subject to any limitations on the contact; and
b. helping the child to maintain contact with the child’s community or language group, maintain
a connection with the child’s culture to preserve and enhance the child’s sense of identity.
146. The Competent Authority shall direct the Child Welfare Officer to carry out a home study
of the kinship carer to determine whether the kinship carer fulfils the minimum criteria outlined
under Rules 144 and 145.
Standards for Kinship Carers
147. An authorised kinship carer must ensure that the home where the child resides is kept safe,
clean and in good condition.
148. The authorised kinship carer must, in relation to each child in their care, ensure that the:
a. the child’s health, education, safety, welfare, well-being and progress are promoted;
b. the child is encouraged to participate in the ordinary life of the community, if it is in the
child’s best interest to do so;
c. same standards of care and discipline are applied to all children residing in the home; and
d. the child is encouraged to maintain a connection with birth parent/s and extended family
members and other significant people if it is safe to do so.
149. If a medical doctor recommends for change in care or treatment of the child, the kinship
carer shall make every effort to fulfil the recommendation.
150. An authorised kinship carer must not require a child to perform duties that are unreasonable
and detrimental to his/her wellbeing, having regard to the child’s age, and physical and
intellectual development and ability.
151. An authorised kinship carer in whose care a child has been placed must not discharge the
child into the care of any other person without prior approval from the Competent Authority.
Revocation order:
152. A kinship carer shall be issued a notice of revocation as an authorised carer if:
a. the carer is under investigation for or is convicted of a criminal offence;
Fieldwork Report: Research project - Foster Care in South Asia

b. it is found and proved that the child is no longer safe under the care of the kinship carer and
shall thus be removed immediately from the kinship carer; and
c. any other matter that the Competent Authority recognises as not being in the best interest of
the child.
Foster care
(Definition of Foster Care Used By Govt. of Bhutan: Foster care shall mean the care for a
child placed by the Competent Authority of judicial authority in the domestic environment of a
family other than the child’s own family that has been selected, qualified, approved and
supervised for providing such care)
153. If it is found that the child has no family who is able and willing to take on the role of a
kinship carer, the Competent Authority may place the child in foster care.
Application for Foster Care
154. An application to become a foster care provider shall be approved by the Competent
Authority upon fulfilling the following criteria:
a. the applicant/s is found to be suitable persons to be an approved foster care provider for the
child;
b. all members of the applicant’s household are suitable persons to associate on a daily basis with
the child;
c. the applicant is able to meet the standards of care in line with Rule 143; and
d. the applicant is able to help in appropriate ways towards ensuring the child’s protection, care
and development.
155. The Child Welfare Officer shall assume the responsibility of carrying out home studies of a
potential care provider using Form 5.
Standards of the Foster Care Provider
156. A foster care provider shall adhere to the same standards that have been outlined for kinship
carers under Rule 143.
Revocation Order
157. A revocation order shall be issued to the foster care provider as outlined in Rule 152.
ISSUES RELATED TO FOSTER CARE ADDRESSED BY BHUTAN’S LEGAL
FRAMEWORK:
Fieldwork Report: Research project - Foster Care in South Asia

The Child Care and Protection Rules and Regulations (2015) have some well laid Guidelines
covering Alternative Care in Bhutan.
(This document recognizes kinship and foster care as 2 different forms of alternative care)
Kinship Care and Foster Care are recognized as important forms of alternative care in Bhutan
and preference is given to these while imparting alternative care to children in need of protection
and care.
The legal framework related to kinship and foster care addresses the following issues:
ü Specifies who are the children in need of care and protection and hence in need of kinship or
foster care.
ü Child’s consent and related aspects taken into consideration.
ü The statement of standards is well laid down and includes a lot of aspects like rights of the
child, privacy, basic needs as well as social, emotional needs and a variety of other aspects.
ü Considers suitability of carer for being eligible to undertake kinship care or foster care.
ü The legal responsibilities of the kinship/foster carer are well specified.
ü Home study report is prepared so as to monitor the condition of the child under kinship or
foster care.
ü Well specified provision for revocation of kinship or foster care in case of violation of any
rights of the child or in case the carers become unsuitable for taking proper care of the child.
ISSUES RELATED TO FOSTER CARE NOT ADDRESSED BY BHUTAN’S LEGAL
FRAMEWORK:
Bhutan’s legal framework does not properly address the following issues related to kinship or
foster care:
· The exact age range for placing children in kinship or foster care
· The frequency and duration of monitoring
· Aspects related to exit strategies have not been specified properly.
NEPAL:
Overview:
In Nepal, ratified international treaties become part of the law and take precedence even in the
case of a divergence with national laws. As a result, the UN Convention on the Rights of the
Child can be enforced in judicial settings.
Fieldwork Report: Research project - Foster Care in South Asia

National Child Policy, 2012: [19]


The policy highlights the provisions for the alternative care of children without parents.The
policy has emphasized that the institutionalization of children should be the last resort.
The policy recognizes the need for identification of those children who do not have a father or
mother or both, or single parent who is unable to provide parental care or abandoned/unidentified
children.
Paragraph 8.14 of the policy encourages enhancing care from own father, mother or relatives
family support programmes (sponsorship), foster care, vocational training, nutritional allowances
etc.
However the GoN is in the process of development of legislation, guidelines and standards
for managing alternative care in Nepal.
ADDITIONAL DETAILS ON STATE OF FOSTER CARE IN NEPAL:
SOURCE: CHILD WELFARE POLICIES, SERVICES AND THEIRAPTITUDE FOR
CARE AND PROTECTION OF VULNERABLE CHILDREN AND THEIR
FAMILIES[20]
(Study conducted by the Technical Team under theProject EDU-CARE: Social Operators
Active in the Protection of theChildren and in the Promotion of the Children’s Rights in
Nepal)
UN CRC Committee's Recommendations for reunification of the children living in Child
Care Homes to the families and their relatives :
The UN Committee on the Rights of the Child (also known as 'CRC Committee'), in its
"Concluding Observations" made in 2005 about Nepal, has expressed its deep concerns about the
situation that many families and infants are at risk of separation (from their parents and/or
families), as well as about the growing number of children that are placed in residential centers
(Child Care Homes), despite having at least one living parent or relatives who could take care of
them. Therefore, the CRC Committee recommended that the country takes effective measures to
facilitate the reunification of children with their families, that foster care may be introduced in
the country, put in place programs that involve community structures aimed at supporting those
vulnerable parents in fulfilling their parental responsibilities, and the condition of
institutionalized children may be regularly monitored in accordance with the Article 25 of the
Convention on the Rights of the Child, 1989.
Fieldwork Report: Research project - Foster Care in South Asia

Insufficient family strengthening services


There are insufficient mediation services and/or 'family counseling' services that put in contact
the families in need with the services existing in the locality. Insufficient are also the services
promoting temporary family relief, those supporting temporary foster care, 'kinship care'
and national adoption as an alternative to the prolonged institutionalization of the child, as
well as those supporting family reunification. All these are services that, in order to be put in
place, need to be led and carried out by trained personnel.
Statement of the situation
Many children are separated from their families or at risk of being abandoned;
Many children are placed in residential care institutions, as per the recent data compiled
by the CCWB in 2012:
◦ Over 12,000 children are living in more than 759 Child Care Homes;
◦ 58% of them have one or both parents alive (UNICEF and Tdh, 2005);
There are limited social services provided to children and families at risk;
Family preservation (including counseling) services hardly exits;
The Government of Nepal is yet to develop policy for alternative care (including foster
care, kinship care and placement of the child in families);
There is dearth of trained professionals for delivering wider range of services, such as
family preservation, family reunification and management of alternative care services;
Social work is yet to be established as a profession in areas of services dealing with issues
related to children and families;
Many gaps exist in programs and services related to vulnerable children and families, as
these fail to reach out to these target groups and meet their needs.
Child Welfare Programmes in Nepal
The Twelfth Plan (2010-2013)
The Three Year Plan (2010-2013) 'has the objective of creating a child friendly environment
appropriate to and conducive for the overall development of children and for protecting and
promoting their fundamental rights'. The plan has adopted an action point of promoting
alternative models of care for children without parental care and children who are at risk. It is
explicitly mentioned in the document that the GoN had planned to formulate policy and an
Fieldwork Report: Research project - Foster Care in South Asia

integrated law for promoting alternative models of care including kinship care, family
support schemes, foster care and sponsorship as well as domestic and international
adoption.
ISSUES RELATED TO FOSTER CARE ADDRESSED AND IGNORED BY NEPAL’S
LEGISLATIVE FRAMEWORK:
The Government of Nepal is yet to develop policy for alternative care (including foster
care, kinship care and placement of the child in families).
Henceforth GoN does not address any aspect of foster care ranging from age, monitoring, criteria
to exit strategies.
INDIA:
The major documents that serve as the basic framework related to the state of foster care in India
include:
· The Juvenile Justic Act,2015
· The Integrated Child Protection Scheme(ICPS) Ministry of Women & Child
Development, 2015
· The Model Guidelines For Foster Care(Draft Form), 2015, MWCD
Foster care has had a long history in India, first initiated in the 1960s by the central government.
The first non-institutional scheme was introduced in Maharashtra in 1972. The scheme was later
revised in 2005 as the 'Bal Sangopal Scheme – Non Institutional Services'. In the late 1990s
Karnataka implemented a foster care scheme focused on destitute children. Emergency schemes
were operational even in Gujarat, after the 2001 earthquake where around 350 children were
rehabilitated with their relatives and neighbours in the community. However, although the JJ Act
presently provides for foster care, it is not being implemented effectively. Very few state
governments have developed foster care programs. Foster care is still largely used as a pre-
adoption procedure, which is limiting the potential of this method to provide family care to
children. The Centre for Law and Policy Research, Bangalore in collaboration with Foster Care
India, a registered organization in Rajasthan, has published a comprehensive policy brief on
Foster Care in India as it presently exists, which is available here-fostercareindia.org/wp-
content/uploads/.../Policy-Brief-on-Foster-Care-in-India.pdf
In November 2015 the Ministry of Women and child Development published Model Guidelines
on Foster Care. The Centre of Excellence in Alternative Care of Children established in
Fieldwork Report: Research project - Foster Care in South Asia

December 2015 has started the work on foster care by creating awareness on foster care, by
providing training to all agencies at all levels reading foster care and helping NGOs and other
agencies in implementing foster care.
With regards to policies on foster care in India, Foster Care India has developed a comprehensive
policy brief which is available here- fostercareindia.org/wp-content/uploads/.../Policy-Brief-on-
Foster-Care-in-India.pdf. It contains all details relevant to aspects addressed by and neglected
or ignored by Foster Care Policies and framework in India.
DOCUMENTS REVIEWED FOR POLICY REVIEW

[1] SOURCE: DRAFT- National Child Protection Policy, Ministry of Child Development &
Women Affairs, Oct’13-http://www.childprotection.gov.lk/documents/National%20Child
%20Protection%20Policy%20-%20final%20-%202013.10.4.pdf
[2] http://aedu-international.org/foster.htm,2011
3
http://www.childprotection.gov.lk/Child_Related_ACTs/Tsunami%20Act%20No%2016%20of
%202005.pdf
[4] http://www.unicef.org/srilanka/reallives_2790.htm
[5] http://www.supremecourt.gov.bd/resources/contents/Children_Act_2013-
Brief_Commentary_v4.pdf
[6] ibid
[7] ibid
[8] https://www.crin.org/en/library/publications/afghanistan-national-laws
[9]http://supremecourt.gov.af/content/media/documents/
constitution2004_english241201294958325553325325.pdf
[10] National Strategy for Children 'at-risk' (n.d.). Retrieved August 12, 2014, from
http://lib.ohchr.org/HRBodies/UPR/Documents/Session5/AF/
AFG_Afghanistan_National_Strategy_for_Children_at-risk.pd f
[11] Afghanistan Juvenile Code 2005. (n.d.). Retrieved August 12, 2014, from
http://www.rolafghanistan.esteri.it/NR/rdonlyres/565B6AC3-4472-4B4E-8315-
9987F40E280D/0/23JuvenileLaw.pdf
[12] www2.ohchr.org/english/bodies/crc/docs/co/CRC.C.AFG.CO.1.doc
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[13] http://www.zklawassociates.com/wp-content/uploads/2012/03/ISLAMIC-LAW-AND-
ADOPTION.pdf
[14] Islamic Kafala as an alternative care option for children deprived of a family environment
(Chapter 2 Vol 2) [2014] AHRLJ 18 : http://www.saflii.org/za/journals/AHRLJ/2014/18.html
[15]http://www.internationalresourcecentre.org/en_X2/
draft_20national_20policy_20oct_2021.pdf
[16] tbinternet.ohchr.org/Treaties/CRC/.../CRC_C_MDV_Q_4-5_Add-1_22684_E.docx
[17] http://maldivesindependent.com/society/new-regulations-allow-children-to-be-placed-
under-foster-care-116647
[18]http://www.ncwc.gov.bt/en/files/publication/Child%20Care%20and%20Protection
%20%20Rules%20%20and%20Regulation%20of%20Bhutan%202015.pdf
[19] http://www.sosnepal.org.np/getmedia/3364f2cb-f96c-4eef-b1f2-562298749ab1/Report-on-
the-Assessment-of-Alternative-Care-in-Nepal.pdf
[20]http://www.bettercarenetwork.org/sites/default/files/attachments/Child%20Welfare
%20Policies%20Services%20and%20Their%20Aptitude%20for%20Protection.pdf

QUESTIONNAIRE (SURVEY PHASE 2)


Name of your organization *

Organization Website *

Organization Email address *

Country of Presence *

Name of the person filling the survey. *

Position of the individual (filling this survey) in the organization. *

Skype ID

LinkenIn ID/ Company LinkenIn Id (either or both)

What is the area of operation of your organization? *


Fieldwork Report: Research project - Foster Care in South Asia

o Urban
o Rural
o Both
Does your organization work in the area of alternative child care practices? *

o Yes
o No
What are the legal regulations/guidelines that specify the basis on which alternative child
care is practiced in your country? (Please mention the links of any of the regulations that
apply in your country) *

Could you please mention the domains that the alternative child care policies/regulations
cover in your country? *

o Foster Care
o Group Foster Care
o Institutional Care
o Policies for administration of orphanages
o Health programs for children
o Education programs for children
o Measures for securing safety of children
o Adoption guidelines
o Sponsorship
o Community Care
o Juvenile offenders reformation programs
o None of the above
o Other:
In case there are legal no guidelines/policies with respect to alternative child care (foster
care in particular), what does your organization use as a framework to maintain standards
and implement foster care model? *

o International Foster Care Organization (IFCO) guidelines


o United Nations Conventions on the Rights of Children (UNCRC)
Fieldwork Report: Research project - Foster Care in South Asia

o UNICEF Convention on the Rights of the Child


o WHO Child Rights
o None of the above
o Other:
Please share any specific documents which elaborate on alternative child care (specifically
foster care) in your country. *

In your experience are there instances wherein the legal framework used as reference for
practicing alternative child care (foster care in particular) could not be implemented? *

"Financial assistance is a critical component of the foster care framework and there are
such recommendations for assistance in policies of some countries". Does the state provide
any form of financial assistance for foster care program?(Assistance with reference to the
NGOs or to foster parents or both) *

o Yes
o No
In your opinion what are reasons behind failure of foster care placement of a child? *

What happens to children once they turn into adults and are no longer catered to by the
foster care guidelines? *

If a child is physically and/or mentally challenged does he/she stand a chance to be taken
into account in terms of placement with a foster family? *

o Yes
o No
Please share with us the challenges faced in foster care. *

o Dealing with State/Government agencies


o Delay in processes/protocol/procedures
o Difficulty in finding volunteer foster parents
o Difficulty in finding volunteer foster parents willing to take siblings
o Overall lack of awareness among the general population
Fieldwork Report: Research project - Foster Care in South Asia

o Difficulty in preparing the the child for the foster family


o Lack of trained human resource individuals in the field of foster care
o Lack of proper assessment/ monitoring/follow up mechanism
o Lack of proper platform/network between NGOs and the State to address the need for foster
care
o Finding foster parents willing to take HIV affected children or street children or children
with emotional baggage
o Difficulty in matching foster child with prospective foster parents
o Lack of data on prospective foster parents
o Social stigma; lack of support from neighbors/relatives of foster parents
o Failure of foster care due to financial or personal constraints
o Inadequate support by the Government/State during emergencies
o Other:
Could you please name a few organizations that are practicing foster care that we can
approach for our survey. *

In case of further queries, we would like to connect with your organization using Skype or
Google Hangouts. Please send us your details which would enable us to connect with you. *

We request you to please share some other documents (links) with respect to your
country/region, which you think could be useful for us for our research on Foster Care. In
case the relevant link is not available kindly share the specific documents on
pragnya@udayancare.org.( *

Never submit passwords through Google Forms.


Fieldwork Report: Research project - Foster Care in South Asia
Fieldwork Report: Research project - Foster Care in South Asia

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