News
Foster parents law takes shape for under 18s
View(s):By Sajeniya Sathanandan
A rising incidence of abuse and negligence of children in foster care has prompted the government to propose a new law.
The main reason for the new law is the widespread complaints about children in homes not being treated properly, National Child Protection Authority (NCPA) Chairperson Preethi Inoka Ransinghe said.
The Sunday Times learnt that the urgent need for a formal foster parenting law in Sri Lanka was highlighted by a study by the Probation and Child Care Services Department and the Department of Census and Statistics in 2020.
The findings revealed that the majority of children institutionalised in orphanages have parents (either both or one parent), and this indicated that they were not orphans. These children were living in institutions due to dysfunctional family units, where a big contributing factor was poverty.
The study further highlighted that these families often lacked mentors, guidance, carefully planned assistance, or monitoring to help them resolve their issues. This data showed that children were often institutionalised due to family dysfunction rather than being orphaned, which emphasised the need for alternative family-based care.
Additionally, the Tsunami Special Provisions Law includes foster care measures, which will expire once the last tsunami-affected child turns 21; this leaves Sri Lanka without any legislation to govern foster care.
The new formal legal framework is expected to facilitate children leaving their biological family and living with a foster family. The law also will prioritise keeping siblings together. Priority for foster families will be given to relatives, which is known as ‘kinship care’, which is followed by known persons (neighbours, friends, and teachers).
The proposed law will include mechanisms of foster parenting protection, where the child leaves their biological family and lives with the foster family, and distant parent protection, where the child remains within their biological family but receives financial or other assistance from distant parents, Ms Ranasinghe said.
The law will cater to children under 18 years of age. Babies are not included.
Ms Ransinghe said a committee will be appointed to determine the eligibility of foster parents. This committee will comprise more than 10 officials, including a divisional secretary, a child psychiatrist, and a representative from the education department, similar to practices in other countries.
The Sunday Times also learns that this system will have close monitoring and evaluation of the child and the foster parent. Practical sessions or training will be provided to create awareness of their roles and responsibilities.
Fostering is intended to be for three years until the biological family can be strengthened and take the child back. This period will be reviewed annually by a multidisciplinary team.
The concept for the new law was developed in 2020 and was approved recently. It is expected to be handed to the legal draftsman next week. All stakeholders will be invited to several rounds of discussions to allow for suggestions.
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