DELHI ADMINISTRATION DELHI (DIRECTORATE OF SOCIAL WELFARE)  27.06.1983

Notification

No. F.42 (55) JO-ICW/DSW :- The administrator of the Union Territory of Delhi in order to provide for the placement of destitute, neglected, abandoned, unattached and unwanted children in the care of Foster parents and matters connected therewith is pleased to make the following rules, namely :-  

1.      (a) These rules may be called the Delhi Foster Care Placement Rules, 1983.

(b) They shall come into force at once.

2. Children eligible for foster care placement :-                                          

The following categories of children who have not completed the age of 8 years shall be eligible for placement in the care of Foster parents.

1)      Illegitimate and abandoned children found in public places.  

2)      Children of fondling homes.

3)      Children committed in the Children Homes by Child Welfare Board under the provision of the Children Act, 1960.

4)      Children whose cases are referred by hospitals & Nursing Homes.

5)      Children whose cases are referred by Philanthropist & Welfare Institutes.

6)      Children referred by their relative.                                                                                                                                                                     

Provided that no child whose natural parents are : alive and traceable shall be placed in foster care without the consent in writing of such parents.

Provided further that in exceptional and deserving cases a child of above 8 years of age may also be placed under foster care with the specific written permission of the Director of Social Welfare and in such cases the difference of age between the child and the foster parents shall not be less than 21 years.

3. Parents eligible to foster a child :-

Parents satisfying the following conditions shall only be eligible to foster a child in their case :-

(1)  Parents whose age is 30 years and above.

(2)    Parents who are free from contagious and chronic diseases.

(3)     Parents having a monthly income of Rs. 400/- and above through ostensible means and having proper and sufficient residential accommodation.

(4)    Parents having not more than one child of the same sex as that of the child to be placed under foster care.

(5)    Parents who have been residing within the territorial limits of Delhi for at least a year on the day of making a request for having a foster child.

Provided that in exceptional circumstances, application from outside the Union Territory of Delhi may be entertained in case facilities for the due supervision of the foster child are feasible through the respective state Govts.

Provided further that where the religion of a child is determinable, it shall not be placed in the care of parents whose religion is different from that of the child.

4.  Procedure for placing the child under foster care :-

         i.            Parents desirous of taking  a child under foster care shall submit an application in    prescribed form along with the following documents to the Superintendent :-

(a)     Consent of the other spouse, if any.

(b)     A certificate from a Registered Medical practitioner to the effect that the applicant and his/her spouse if any, is free from contagious/chronic/mental disease.

(c)     A certificate of income from the employer, or an affidavit attested by a Magistrate in case of self-employed persons.

(d)     Character certificate from a gazetted officer.

       ii.            On receipt of an application under sub rule (1) the Superintendent shall enquire or cause an inquiry to be made to verify the information furnished and to know the social, psychological and emotional background of the applicant and the family with a view to assess the suitability or otherwise of the family. Such enquiry shall include parental contacts, home visit, with neighbors and friends and contact with employer. A consolidated report of such an enquiry shall be attested by the Superintendent.

The Administrator or any officers authorized by him in this behalf on receipt of a report under the foregoing sub rules, shall be if satisfied declare the applicant as a ‘Fit Person’ under rule 36(2) of the Delhi Children Rules, 1961 as amended from time to time.

On a written request made to it, the Child Welfare Board may thereupon consider the case may make an order of placing the child under the case of  ‘Fit Person’ in accordance with the provision of Sec. 16(1) of Children Act, 1960.

5.  Grant of maintenance allowance :-

Subject to the following condition maintenance allowance at the rate of Rs. 80/- per child per month shall be paid to the foster parents whose monthly income, from all sources does not exceed 700/- pm at the time of making orders for foster placement.

                       i.            Maintenance allowance for not more than 2 children shall be admissible to a foster family.

                     ii.            The foster parents must have opted for maintenance allowance.

                    iii.            On the written request of the foster parents not opting for or otherwise eligible for maintenance allowance if the income falls short of the Rs. 500/- at any subsequent stage on account of termination of service, superannuation or any other bonafide reason to the satisfaction of Director of Social Welfare.

                   iv.            Maintenance charges shall be payable for the calendar month or a part of the month excluding 19 days.

6. Supervision and follow up :-

1)      The case worker of the foster care service shall supervise and look after the well being and interest of child by paying frequent visit to the foster family. The number and periodicity of visit shall be determined keeping in view the needs of the child and shall not be less then once a month, for the first six month, once a quarter during the next 3 years and once in 6 months during the remaining period of foster placement.

2)      During the period of supervision the case worker shall endeavor to bring about and develop kinship between the foster parents and the child and shall further ensure that the conditions imposed upon the foster family by the Child Welfare Board are observed.

3)      The record of supervision including the behavior, attitude and adjustability of the foster parents as also that of the child and the progress of the child with regard to health, education etc. shall be maintained by the case worker.

4)      The case worker shall submit through the Superintendent a monthly report on the progress of the child. Under supervision to the Child Welfare Board.

5)      On the termination of the period of supervision the case of the foster child shall be followed by the case worker till such time as the foster placement continues.

7. Duration of foster placement :-

Save as expressly provided by the Child Welfare Board a child shall be deemed to be under foster care until :-

                                 i.            He/she attains the age 18 years or

                               ii.            He/she is legally adopted or

                              iii.            The foster placement orders are revoked.

                    Explanation :-   A child once given in foster care shall not be withdrawn from the foster parents at a subsequent stage merely on the ground that the income of the family has fallen short of the prescribed income range.

8. Obligation of the foster parents:-

Without prejudice to the conditions that may be imposed by the Child Welfare Board, it shall be obligatory for the foster parents :-

         i.            To submit to the superintendent information regarding child’s health, education, behavior, conduct and such other matters as may be required from time to time.

       ii.            To submit themselves & the child for supervision by the case worker in such manner as may be required.

      iii.            To send the child back to the foster care services, in case foster placement is withdrawn or revoked.

     iv.            To intimate immediately the Superintendent, in case the child is seriously ill.

       v.            To inmate the Superintendent about change of residential address, if any,

     vi.            Not to leave the territorial limits of Delhi without specific permission of the Superintendent.

9. Condition under which the foster placement can be revoked :-  

                     i.            Misuse of maintenance allowance by the foster parents.

                   ii.            Willful neglect by foster parents towards the proper upkeep of the child.

                  iii.            Indifferent behavior, exploitation and cruelty towards the foster child.

                 iv.            Evading the parental duties for the proper maintenance, education and physical well being of the child by the foster parents.

                   v.            Non submission of the information about the child’s health, education, behavior, conduct and other matters as may be required from time to time by the Directorate from the foster parents.

10. Repeal and Savings :-

         i.            As from the date of enforcement of these rules, any rules enforce corresponding to these rules, immediately before such commencement, shall stand repealed.

       ii.            Notwithstanding the repeal by these rules, placement of more than two children with single foster family under the provision of the rules so repealed shall be deemed to be valid.