---------- Forwarded message ---------

De : CAB HAHN CONTACT

Date: mer. 21 sept. 2022 à 08:51

Subject: RE: Préoccupations - Ares(2022)6511561

To: Dieu Merci Kitambo

NEW DELH: Nandini (name changed) and her husband had registered with the Central Adoption Resource Authority in 2018. After a long wait to be matched with a child, the Pune based couple was finally able to bring their 6 - month old daughter home as foster parents in April 2021. The child turns 2 later this week but the parents are yet to get the adoption order with the court where her matter was listed on the 12th of this month for a hearing getting deferred to September 30 and parents concerned over what lies ahead as new rules notified by the central government on September 1 sought immediate transfer of all pending cases in courts to the district magistrate.

Incidentally, amid rising worries of parents, on September 12 the ministry of women and child development wrote to all states to direct the concerned authorities to transfer all cases from the courts to the DM to prevent any further delay in passing of adoption orders. This was in keeping with the notification of the Juvenile Justice Model (Amendment) Rules 2022 that came into effect on September 1. There are over 900 cases estimated to be pending in Courts at different stages of hearing across the country.

Going by the rules the DM will have to dispose of an application for making an adoption order within a period of two months. However, the adoption regulations that will lay out the process are yet to be notified. According to the ministry of women and child development the notification will happen this week.

With September 30 as the next date of hearing listed in the court, an anxious Nandini for now is clueless about the fate of her case. She wrote to the concerned authorities dealing with adoptions on September 13. She is still awaiting a response to her mails. “I am emotionally drained.. I will be celebrating my daughter’s second birthday this week but her grandmother who lives in another city has yet to see her as rules do not allow me to take her out of the city I live in till the adoption is complete,” Nandini said.

Nandini's case reflects the dilemma of parents whose cases are at an advanced stage in court and who are seeking clarity on if and when the court will transfer their case to the district magistrate and how quickly will the latter take it up. The fear of further delay due to the administrative process of transfer of cases and then in passage of adoption orders is worrying parents like Nandini.

Woo request regarding reactions after publication of the Joustra Committee report on intercountry adoption

After the birth, parents may decide not to take care of the child themselves, because they see no possibilities to do so. They are given time to consider whether or not to give up the child. The child is then first cared for in a temporary foster family.

Step-by-step

What happens after the intention not to take care of the child yourself?

Collapse overview

Steps

The Madras High Court upheld the 224-year-old jurisdiction; The five-judge bench, by a 3:2 majority, rules that the underlying jurisdiction cannot be superseded by the Family Courts Act 1984.

The Madras High Court upheld the 224-year-old jurisdiction; The five-judge bench, by a 3:2 majority, rules that the underlying jurisdiction cannot be superseded by the Family Courts Act 1984.

It is not often that the Madras High Court constitutes a five-judge bench. One such bench was set up this year to answer an important question of law – whether guardianship and child custody petitions should be filed only before family courts or even in the Madras High Court, with respect to its underlying parents. Can be filed by applying jurisdiction. Minor?

Justice PN Prakash, R. Mahadevan, M. Sundar, N. Anand Venkatesh and A.A. Nakkiran heard marathon arguments for months by a battery of lawyers, with a section arguing in favor of concurrent jurisdiction by the High Court as well as the Family Courts. and the other argued that after the enactment of the Family Courts Act, 1984 the jurisdiction of the High Court has ceased to exist.

Given the complex nature of the dispute due to parental jurisdiction that has been going on for more than 224 years, the five-judge bench’s ruling was not unanimous. Instead, it upheld the argument in favor of concurrent jurisdiction by a 3:2 majority and ruled that the High Court can exercise jurisdiction not only with respect to children residing within the city of Chennai but across the state.

AMAR ICF held a five-day summer school for Romanian special needs children and Ukrainian refugee

children. A significant goal of the camp was to help these children make friends as they enjoyed

learning new things together. “We mixed the children together so the newcomers [the refugees] could

make new friends as we feel they will be away from home for quite a while,” said AMAR ICF president

Baroness Nicholson.

SURVIVORS OF MOTHER and baby homes and other institutions have called for the Government’s redress scheme to be extended to include all people who spent time in the system.

Several survivors and campaigners held a protest outside Leinster House in Dublin this afternoon.

In recent months there has been much criticism of the fact the planned scheme excludes people who were boarded out, a precursor to fostering, and those who spent less than six months in an institution as a child.

The United Nations Human Rights Committee and the Oireachtas Children’s Committee are among the high-profile groups calling for the scheme to be extended.

People who receive redress under the scheme will also have to sign a waiver saying they will not take future legal action against the State.

JANET OGUNDEPO writes about the cartels trafficking in babies

After 31-year-old Chineye Odoh allegedly agreed to sell her newborn twins for about N3m, sadly Odoh was allegedly killed by some women collaborators who purportedly facilitated the process.

The Enugu State Police Command said that the suspects, after selling the twins, gave the mother an amount lesser than what was agreed. They were said to have later poisoned Odoh’s food when she resisted their action.

Upon the arrest of the suspected women by the police in Enugu in August, the women were arraigned in court and the case was adjourned to October 5 for trial.

The Lagos State Police Command on the same day, August 26, reportedly arrested a man for allegedly conspiring with his doctor and a nurse to sell his three-month-old baby for N400,000.

Kenya has adopted new synchronised rules and policies to help in children's adoption and, at the same time, address cases of child trafficking in the country.

According to the Court of Appeal judge Imaana Laibuta, the new laws allow the country to track every process involved in adoption.

Speaking on Thursday, September 15, on Spice FM, Justice Laibuta explained that under the new system, children placed on adoption can be traced to where they are being taken. The process also involves regularly monitoring their progress in their adopted parents' hands.

The new rules contained in the Children Act 2022 are also anchored on cultural backgrounds where the child's background is considered before the process is initiated.

"We have made it in such a way that if it is inter-country adoption which is a measure of last resort, we have made sure that we are able to track where that child goes, the conditions under which the child will live till adulthood," he explained.

DES MOINES, Iowa - An Iowa teenage sex trafficking victim who stabbed her rapist to death was sentenced by a judge on Tuesday to five years of closely supervised probation and must pay $150,000 restitution to her abuser's family.

Pieper Lewis, 17, stabbed her abuser, 37-year-old Zachary Brooks, more than 30 times in June 2020. She was initially charged with first-degree murder.

Last year, Lewis pleaded to involuntary manslaughter and willful injury, both of which were punishable by up to 10 years in prison. However, Polk County District Judge David Porter deferred those prison sentences on Tuesday, meaning Lewis could serve 20 years if she violates her probation.

Porter said he ordered Lewis to pay restitution to Brooks' family because the court was "presented with no other option." He explained that the restitution is mandatory under Iowa law.

Lewis was 15 when she stabbed Brooks more than 30 times in a Des Moines apartment. Officials have said Lewis was a runaway who was seeking to escape an abusive life with her adopted mother and was sleeping in the hallways of a Des Moines apartment building when a 28-year-old man took her in before forcibly trafficking her to other men for sex.