Indian Placement Agencies for
Inter-country Adoption (RIPA)
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Central Adoption Resource Authority (CARA) is an autonomous body under the Ministry of Women & Child Development, Government of India. It functions as the nodal body for adoption of Indian children and is mandated to monitor and regulate in-country and inter-country adoptions. CARA is designated as the Central Authority to deal with inter-country adoptions in accordance with the provisions of the Hague Convention on Inter-country Adoption, 1993, ratified by Government of India in 2003.
Role and function -
(1) CARA shall give recognition to suitable Specialised Adoption Agencies to function as Indian Placement Agencies for Inter-country Adoption (RIPA) based on State Government's recommendations.
(2) RIPAs shall function as recognized bodies in accordance with the provisions of Article 11 of Hague Convention on Protection of Children and Cooperation in respect of Inter Country Adoption– 1993 and shall -
(a) perform all roles and functions assigned to a Specialised Adoption Agency under these Guidelines in addition to specific roles and functions assigned to it in cases of inter-country adoptions;
(b) be staffed by qualified persons of high ethical values and having training or experience in the field of inter-country adoption;
(c) be subject to supervision, monitoring and inspection by competent authorities of the Central Government as well as the concerned State Government;
(d) complete all formalities for Inter-country adoption as provided in these Guidelines;
(e) place children in in-country and inter-country adoption only in a ratio of 80:20 respectively on an annual basis which would exclude children with special needs as categorised separately in these Guidelines and for this purpose, while deciding on whether a child is special needs or not, the final decision would vest with CARA;
(f) file progress reports including the adoption decree in case of all guardianship matters before the competent Court which has issued Guardianship Order;
(g) discharge all responsibilities assigned to it under these Guidelines for post-adoption follow-up in all cases of inter-country adoptions and also in cases of disruption, repatriation of children.
CARA primarily deals with adoption of orphan, abandoned and surrendered children through its associated /recognised adoption agencies.
Recognition and Authorization -
(1) RIPA shall be an agency duly recognized by CARA to place children in inter-country adoption.
(2) Any Specialised Adoption Agency desirous of undertaking inter-country adoption of Indian children shall apply for recognition to CARA through the concerned State Government.
Criteria for Recognition as RIPA -
(1) For being recognized by CARA as RIPA, a Specialised Adoption Agency shall fulfill the following conditions, namely: -
a) it shall have a valid recognition as a Specialised Adoption Agency under sub-section (4) of section 41 by the Government;
b) it shall be recommended by the concerned Government;
c) iii.its performance as a Specialised Adoption Agency should be satisfactory and there should be no instance of malpractice by the agency or any of its Executive Members and
d) there should not be any adverse findings by the inspection team which has conducted the last inspection of the Specialised Adoption Agency immediately proceeding its recommendation as RIPA.
(2) While applying to CARA for recognition as a RIPA, the agency shall submit the following documents, namely: -
a) adoption figures for the last five years;
b) annual reports and audited statements of accounts for last three years;
c) undertaking that they agree to abide by the provisions of these Guidelines as also any instructions issued by CARA, State Government and SARA, from time to time;
d) undertaking that there is no instance of malpractice against the agency; and
e) undertaking that they are regularly updating data on the online portal of CARA
(3) The RIPAs shall either at the time of recognition, or if already recognised, then upon the commencement of these Guidelines, furnish a written undertaking to CARA to comply with the requirements and obligations set out in these Guidelines.
(4) The Specialised Adoption Agency shall be inspected by CARA either independently or jointly with the SARA and the State Government to ascertain the capacity of the agency to undertake inter-country adoption work before granting recognition as RIPA.
Duration of Recognition
(1) Once a Specialised Adoption Agency is recognized by CARA as RIPA on the recommendation of the State Government, it will continue to function as a RIPA unless the recognition is suspended or revoked by CARA on grounds mentioned in paragraph 66.
(2) The recognition of an adoption agency or its renewal shall not be claimed as a matter of right and would be dependent on the agency showing satisfactory performance and compliance of the provisions of these Guidelines as also instructions issued by the Government authorities from time to time.
Inspection of RIPA -
(1) RIPA shall be subject to annual inspection by the State Government and SARA.
(2) CARA may also inspect the RIPA, at any given time, either independently or jointly with the State Government and SARA.
(3) Before recognition as RIPA, the Specialised Adoption Agency shall be inspected by CARA either independently or jointly with SARA and the State Government.
(4) The inspection of RIPAs shall be conducted in the same manner as inspection of Specialised Adoption Agencies.
(5) The inspection team will additionally examine the following issues, namely:-
a) the ratio of 80:20 for in-country adoption vis-à-vis inter-country adoption has been adhered to on an annual basis;
b) the priority of PAPs as stipulated for inter-country adoption under these Guidelines has been maintained;
c) that the RIPA has abided by the provisions of these Guidelines; and
d) that the RIPA is maintaining proper accounts of foreign remittances as per FCRA stipulations.
Accounts to be maintained by RIPAs -
(1) The RIPA shall maintain proper accounts, including utilisation of CCC, to be audited by a Chartered Accountant every year.
(2) An attested copy of audited accounts of the organisation together with its audit report, a copy of the Annual Report and FCRA statement shall be furnished by every agency to CARA and SARA or concerned Department of the State Government within six months from the date of closing of the financial year.
(3) The accounts and annual report of RIPA shall also be put up on the website of the RIPA.
(4) The Specialised Adoption Agency shall utilize funds available in the CCC in accordance with laid down norms given in Schedule–XVI.
De-recognition -
(1) The CARA, suo moto or on recommendation of the State Government or SARA can either suspend or revoke the recognition of a RIPA on the same grounds as stated in paragraphe 59 dealing with de-recognition of Specialised Adoption Agencies.
(2) Additionally, the recognition of RIPA can also be suspended for:
a) failure to abide by the stipulated ratio of 80:20 for in-country vis-à-vis inter-country adoption; or
b) failure to abide by the priority of PAPs as stipulated for inter-country adoption in paragraph 8 of these Guidelines; or
c) receiving any donation or grant whether in kind or cash from any of the CARA authorized foreign adoption agency and foreign prospective adoptive parents.
(3) After suspension of recognition, CARA with the help of the State Government or SARA shall conduct necessary enquiries, within a maximum period of six months, and if charges are proven, will revoke the recognition of the RIPA: Provided that no order of suspension or revocation of the recognition shall be passed without giving the RIPA a reasonable opportunity to offer its explanation.
(4) In case of revocation of recognition of a RIPA, the State Government shall, within thirty days, prepare an alternate rehabilitation plan for the children in that home, including shifting them to another agency, in consultation with CARA.
(5) In the event of suspension or revocation of recognition of the RIPA, the cases where referrals have been accepted by the PAPs, shall be allowed to proceed for final adoption provided that all other stipulations of these Guidelines have been met but, CARA shall reserve the right not to allow such cases to proceed in case of special circumstances.
Accreditation-
(1) CARA shall develop a set of standards or model accreditation criteria for Placement Agencies (RIPAs) as envisaged under the JJ Model Rules and Hague Convention on Inter-country Adoption.
(2) Till such time, as an interim measure, the RIPAs will be treated as accredited agencies for placing Indian children in inter-country adoption.
Entitlement to grants-in-aid under ICPS -
(1) Each RIPA, once it is recognised as a Specialised Adoption Agency under sub-section (4) of section 41, will be eligible to apply for grants-in-aid as provided for under the Integrated Child Protection Scheme.
(2) If the RIPA fails to submit, either online or manually, any of the stipulated reports and data periodically as provided in these Guidelines to the State Government or SARA or CARA in time, the release of grant shall be withheld.
(3) The grant-in-aid will continue to the RIPA for the six month period during which the matter is under investigation by the State Government.
(4) The Grants shall be stopped as soon as recognition is revoked which shall not exceed six months from the date of suspension of recognition.
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