A combined reading of the Juvenile Justice (Care & Protection of Children) Act 2015 as amended by the Juvenile Justice (Care and protection of Children) Amendment Act, 2021 (JJ Act), Juvenile Justice Model Rules 2016 as amended by the Juvenile Justice (Care and Protection of Children) Model Amendment Rules 2022 (JJ Model Rules) and Adoption Regulations 2022 (AR 2022) reveals critical lacunae making the relevant provisions hard to understand and difficult to implement.
Adoptable children hereby refer to orphan, abandoned and surrendered children who have been declared legally free for adoption (LFA) by the Child Welfare Committee as per section 38 of the JJ Act. Orphan, abandoned and surrendered (OAS) children are defined in Sections 2(42), 2(1) and 2(60) of the JJ Act, respectively.
It has been sufficiently established and well recognized in the law that adoption should be the priority for rehabilitation of adoptable children, especially those below 6 years of age. The relevant provisions under Section 44(9) of the JJ Act, Rule 23(3) and Rule 44(1)(i) of the JJ Model Rules, make it clear that placing a child in adoption is the preferred recourse for OAS children, and if that is not possible, foster care is the next suitable alternative for them.
This article highlights inconsistencies and gaps in the foster care related provisions from the perspective of adoptable children, with regards to the following:
A) Absence of a provision for foster care for adoptable children with special needs who do not get a family through adoption