The Model Foster Care Guidelines (MFCG), 2024, issued by the Ministry of Women and Child Development, mark a significant advancement in the foster care framework in India. These guidelines, a successor to the MFCG of 2016, align with the Juvenile Justice (Care and Protection of Children) Act, 2015, the Juvenile Justice Model Rules, 2016, the Adoption Regulations, 2022, and the Mission Vatsalya Scheme.

The 2024 Guidelines emphasize the importance of placing children in a nurturing domestic environment, selected and approved by the Child Welfare Committee (CWC), as an alternative to institutional care. This article provides a comprehensive analysis of the legal framework surrounding the 2024 Guidelines, examining their relevance, the guiding legal principles, and the challenges associated with their implementation.

Introduction
Foster care, as defined within the Indian legal framework, refers to the placement of a child in a domestic environment other than that of the child's biological family. The selected foster family is approved by the Child Welfare Committee (CWC) to ensure the child's safety and well-being. The Model Foster Care Guidelines (MFCG), 2024, build upon the foundation laid by the MFCG, 2016, incorporating lessons learned and new legal provisions under the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act), and other related regulations. These guidelines represent a crucial component of India's broader child protection strategy, as encapsulated in the Mission Vatsalya Scheme, which emphasizes the need for family-based care over institutional care.

Legal Framework Underpinning the MFCG, 2024

The legal foundation of the MFCG, 2024, rests primarily on the Juvenile Justice (Care and Protection of Children) Act, 2015, which provides for the care, protection, and rehabilitation of children in conflict with the law or in need of care and protection. The Juvenile Justice Model Rules, 2016, further operationalize the provisions of the JJ Act, particularly concerning the processes and standards for foster care.

The Adoption Regulations, 2022, complement the foster care guidelines by setting forth procedures for adoption, which, while distinct from foster care, share the underlying principle of ensuring that children grow up in a family environment. The Mission Vatsalya Scheme, a government initiative aimed at securing a supportive ecosystem for vulnerable children, integrates these various legal instruments to provide a cohesive strategy for child welfare.

Foster Care as a Legal and Social Institution

Foster care, as articulated in the MFCG, 2024, is not merely a social intervention but a legally regulated institution. The selection of a foster family by the Child Welfare Committee (CWC) is subject to rigorous legal scrutiny, ensuring compliance with the standards set forth in the JJ Act and the Model Rules. This process involves the assessment of the prospective foster family's ability to provide a nurturing and stable environment, as well as their willingness to support the child's emotional, educational, and physical development.

The Guidelines also emphasize the importance of a child-centric approach, ensuring that the child's best interests are paramount in all decisions related to foster care. This principle aligns with the mandates of the Convention on the Rights of the Child (CRC), to which India is a signatory, and which has been incorporated into domestic law through the JJ Act.

Judicial Interpretation and Relevant Case Law

The judiciary in India has played a crucial role in shaping the legal landscape of foster care. In the landmark case of Sampurna Behura v. Union of India, (2018) 4 SCC 433, the Supreme Court underscored the importance of family-based care for children and directed state governments to prioritize foster care over institutional care. The Court highlighted the psychological and social benefits of a family environment for children in need of care and protection.

In Bachpan Bachao Andolan v. Union of India, (2011) 5 SCC 1, the Supreme Court emphasized the need for effective implementation of the JJ Act and the accompanying rules, including those related to foster care. The Court's observations in this case have been instrumental in guiding the formulation of the MFCG, 2024, ensuring that the guidelines are not only legally sound but also practically applicable.

Challenges and Implementation Issues
Despite the robust legal framework, the implementation of foster care in India faces several challenges. One of the primary issues is the lack of awareness and understanding of foster care as a viable option for child care among the general public and even among some authorities. This challenge is compounded by the shortage of trained personnel and the limited resources available for the effective monitoring of foster care arrangements.

Furthermore, the stigmatization of foster care, particularly in rural areas, poses a significant barrier to its widespread adoption. The Guidelines attempt to address these issues by providing detailed procedures for the selection, training, and support of foster families, but the success of these measures depends largely on the commitment of state governments and the effective coordination between various child protection agencies.

Conclusion
The Model Foster Care Guidelines, 2024, represent a significant step forward in India's efforts to provide family-based care for children in need of protection. By building on the existing legal framework and incorporating lessons from past experiences, the Guidelines offer a comprehensive approach to foster care that is both child-centric and legally sound. However, the challenges of implementation cannot be overlooked, and it is imperative that the government, along with civil society organizations, work together to ensure that the potential of these guidelines is fully realized.

References:

• Sampurna Behura v. Union of India, (2018) 4 SCC 433
• Bachpan Bachao Andolan v. Union of India, (2011) 5 SCC 1
• Juvenile Justice (Care and Protection of Children) Act, 2015
• Juvenile Justice Model Rules, 2016
• Adoption Regulations, 2022
• Ministry of Women and Child Development, Model Foster Care Guidelines, 2016 & 2024
• Mission Vatsalya Scheme, Government of India