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Section 44: Foster care

Juvenile Justice (Care and Protection of Children) Act, 2015 • Official Statutory Text & Practice Guide

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Act 2015
Section 43 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 45

Legal Commentary & Landmark Judgments: Section 44

Section 44 of the Act regulates foster care, establishing a statutory mechanism whereby children in need of care and protection are placed with vetted foster families for temporary or long-term family-based care, with financial support from the State.

  • Statutory Family-Based Alternative Care: Enables children whose biological parents are terminally ill, incarcerated, or temporarily incapable of providing care to live in a loving family environment rather than an institution.
  • Rigorous Foster Family Vetting & Assessment: Requires the District Child Protection Unit (DCPU) to conduct comprehensive home studies, economic evaluations, and background checks before certifying foster parents.
  • Statutory Monthly Foster Care Financial Grants: Obligates the State Government to provide monthly financial allowances to foster families to defray the child's education, nutrition, and medical expenses.
Key Landmark Precedents:
  • Sampurna Behura v. Union of India (2018) 4 SCC 433: Supreme Court held that foster care under Section 44 is vastly superior to institutionalization, directing all States to notify formal Foster Care Guidelines and disburse foster allowances promptly.
  • In Re: Exploitation of Children in Orphanages (2017) 7 SCC 578: Supreme Court emphasized that family fosterage provides the emotional and psychological stability essential for healthy childhood development.
  • Shabnam Hashmi v. Union of India (2014) 4 SCC 1: Affirmed that non-institutional childcare frameworks advance the constitutional guarantees of child welfare.
Courtroom Practice & Strategic Litigation Guidance:

Prospective foster parents should apply through the DCPU portal under Section 44, submitting police verification certificates, medical fitness reports, and income tax returns to secure inclusion in the certified district foster care roster.

Section 43 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 45