Centre clarifies children aged below six not eligible for foster care placement

New Delhi: The government has issued a clarification stating that children below six years of age cannot be placed in foster care, addressing confusion among child welfare agencies regarding recent regulations.

In an office memorandum released last week, the Central Adoption Resource Authority (CARA) referred to Rule 23(3) of the Juvenile Justice Rules and Section 4(1) of the Model Foster Care Guidelines, which make children aged six and above eligible for foster care, in situations defined under Rule 44 of the Juvenile Justice Act.

The statutory body said that “some agencies had raised issues regarding the interpretation” of these provisions, prompting the need for an official clarification. The memorandum stated, “Therefore, it is reiterated that no child who is less than six years of age shall be placed under Foster Care... Any deviation from this would be construed as a violation of said Rule and Model Foster Care Guidelines, 2024.”

The directive has been circulated to State Adoption Resource Agencies (SARAs), District Child Protection Units (DCPUs), and Specialised Adoption Agencies (SAAs) to ensure uniform application across the country.

Foster care is being implemented as a family-based alternative for children who cannot be cared for by their biological parents but are not legally free for adoption. Government data shows that the number of children in non-institutional care, which includes sponsorship, foster care, and aftercare, has seen a significant rise. From 29,331 children in 2021-22, the figure climbed to 62,675 in 2022-23 and further to 1,21,861 in 2023-24, marking a fourfold increase over three years.