Section Section 41
, shall be punished with imprisonment which may extend to one year or a fine of
section 41, shall be punished with imprisonment which may extend to one year or a fine of not less than one lakh rupees or both:
Provided that every thirty days delay in applying for registration shall be considered as separate offence.
The words within a period of six months from the date of commencement of this Act; omitted by Act 23 of 2021, s. 14, (w.e.f: 1-9-2022). 2_ Subs by s. 14, ibid:, for shall determine (w.e.f: 1-9-2022)
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43. Open shelter:
The State Government may establish and maintain, by itself o through voluntary or non-governmental organisations, as many open shelters as may be required, and such open shelters shall be registered as such; in the manner as may be prescribed (2) The open shelters referred to in sub-section (1) shall function as a community based facility for children in need of residential support, on short-term basis, with the objective of protecting them from abuse or weaning them, or keeping them; away from a life on the streets_
(3) The open shelters shall send every month information, in the manner as may be prescribed, regarding children availing the services of the shelter; to the District Child Protection Unit and the Committee.
44.. Foster care. -(1) The children in need of care and protection may be placed in foster care_ including group foster care for their care and protection through orders of the Committee, after following the procedure as may be prescribed in this regard, in family which does not include the child' s biological or adoptive parents O in an unrelated family recognised as suitable for the purpose by the State Government, for a short o extended period of time.
(2 The selection of the foster family shall be based 0 family's ability, intent, capacity and prior experience of taking care of children. (3) All efforts shall be made to keep siblings together in foster families, unless it is in their best interest not to be kept together: The State Government, after taking into account the number of children, shall provide monthly funding for such foster care through District Child Protection Unit after following the procedure, as may be prescribed, for inspection to ensure well being of the children.
(5) In cases where children have been placed in foster care for the reason that their parents have been found to be unfit or incapacitated by the Committee, the child's parents may visit the child in the foster family at regular intervals, unless the Committee feels that such visits are not in the best interest of the child, for reasons to be recorded therefor; and eventually, the child may return to the parent's homes once the parents are determined by the Committee to be fit to take care of the child.
The foster family shall be responsible for providing education, health and nutrition to the child and shall ensure the overall well being of the child in such manner, as may be prescribed. The State Government may make rules for the purpose of defining the procedure, criteria and the manner in which foster care services shall be provided for children:
The inspection of foster families shall be conducted every month by the Committee in the form as may be prescribed to check the well-being of the child and whenever a foster family is found lacking in taking care of the child, the child shall be removed from that foster family and shifted to another foster family as the Committee may deem fit:
(9) No child regarded as adoptable by the Committee shall be given for long-term foster care. 45. Sponsorship: ~(1) The State Government shall make rules for the purpose of undertaking various programmes of sponsorship of children, such as individual to individual sponsorship, group sponsorship or community sponsorship.
(2) The criteria for sponsorship shall include,
where mother is a widow or divorced or abandoned by family; (ii) where children are orphan and are living with the extended family;
(iii) where parents are victims of life threatening disease;
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(iv) where parents are incapacitated due to accident and unable to take care of children both financially and physically.
(3) The duration of sponsorship shall be such as may be prescribed. The sponsorship programme may provide supplementary support to families, to Children s Homes and to special homes to meet medical, nutritional, educational and other needs of the children, with a view to improving their quality of life.
46. After care of children leaving child care institution:-~Any child leaving a child care institution on completion of eighteen years of age may be provided with financial support in order to facilitate child's re-integration into the mainstream of the society in the manner as may be prescribed.
47. Observation homes:
The State Government shall establish and maintain in every district o a group of districts, either by itself; or through voluntary Or non-governmental organisations, observation homes, which shall be registered under
Roop's Law Assist