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JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) MODEL RULES, 2016

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Published vide Notification No. G.S.R. 898, dated 21st September, 2016

G.S.R. 898.—In exercise of the powers conferred by the proviso to sub-section (1) of section 110 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), the Central Government hereby makes the following model rules, namely:-



Legal Commentary on the Preamble of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016

Introduction

The Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) and the Model Rules framed thereunder represent a comprehensive legislative framework designed to address the rights, care, protection, and rehabilitation of children in India. The Preamble to the JJ Act articulates the foundational philosophy and objectives of this legislation, which the Model Rules, 2016 seek to implement through detailed procedural mechanisms.

What the Preamble Says

The Preamble to the Juvenile Justice (Care and Protection of Children) Act, 2015 states:

"An Act to consolidate and amend the law relating to children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social re-integration, by adopting a child-friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation through processes provided, and institutions and bodies established, hereinunder and for matters connected therewith or incidental thereto." [Rajesh Kumar vs State (Govt. of NCT of Delhi) - Delhi (2022)]

The Preamble further references constitutional obligations under Articles 15(3), 39(e) and (f), 45, and 47, as well as international instruments including the UN Convention on the Rights of the Child (UNCRC), the Beijing Rules, and the Hague Convention on Intercountry Adoption. [Rajesh Kumar vs State (Govt. of NCT of Delhi) - Delhi (2022)]

Essential Ingredients

  1. Consolidation and Amendment: The Act consolidates and amends existing laws relating to children.
  2. Dual Categories: Addresses both children in conflict with law (CCL) and children in need of care and protection (CNCP).
  3. Child-Friendly Approach: Mandates a child-friendly approach in adjudication and disposal of matters.
  4. Best Interest Principle: Requires all decisions to be made in the best interest of the child.
  5. Rehabilitation Focus: Emphasizes rehabilitation and social re-integration.
  6. Constitutional Foundation: Grounded in constitutional obligations under Articles 15(3), 39, 45, and 47.
  7. International Standards: Takes into consideration UNCRC, Beijing Rules, and other international instruments.

Scope of the Preamble

The Preamble establishes the legislative intent governing the entire Act and Rules. It provides guidance for interpretation of all provisions and sets the overarching objectives that authorities must pursue when implementing the Act.

Punishment for the Preamble

The Preamble itself does not prescribe any punishment. It is a guiding provision that sets out the objectives and philosophy of the legislation. Specific penal provisions for violations are contained in subsequent sections of the Act.

Legal Comments

  • Constitutional Foundation - The Preamble draws authority from Articles 15(3), 39(e)(f), 45, and 47 of the Constitution, empowering the State to make special provisions for children and mandating protection of childhood. [Rajesh Kumar vs State (Govt. of NCT of Delhi) - Delhi (2022)]

  • UNCRC Compliance - India ratified the UNCRC on 11.12.1992, and the Preamble explicitly acknowledges adherence to international standards prescribed therein for securing the best interest of the child. [Rajesh Kumar vs State (Govt. of NCT of Delhi) - Delhi (2022)]

  • International Instruments - The Preamble references multiple international instruments including the Beijing Rules (1985), UN Rules for Protection of Juveniles Deprived of Liberty (1990), and Hague Convention on Intercountry Adoption (1993). [Rajesh Kumar vs State (Govt. of NCT of Delhi) - Delhi (2022)]

  • Rights-Based Approach - There has been a shift from a welfare-based approach to a rights-based approach in child jurisprudence, as reflected in the Preamble's emphasis on basic human rights and constitutional obligations. [Rajesh Kumar vs State (Govt. of NCT of Delhi) - Delhi (2022)]

  • Best Interest Principle - Section 2(9) of the JJ Act defines "best interest of the child" as the basis for ensuring fulfilment of basic rights, identity, social well-being, and physical, emotional, and intellectual development, drawing from Article 3(3) of UNCRC. [Rajesh Kumar vs State (Govt. of NCT of Delhi) - Delhi (2022)]

  • Broad Interpretation Mandated - The Supreme Court in Re: Exploitation of Children in Orphanages in the State of Tamil Nadu v. Union of India (2017) held that the definition of CNCP under Section 2(14) must be given a broad and purposeful interpretation as the Act is intended to protect children's rights. [Rajesh Kumar vs State (Govt. of NCT of Delhi) - Delhi (2022)]

  • Illustrative Definition - The categories under Section 2(14) of the JJ Act should not be treated as exhaustive but illustrative, furthering the requirements of social justice. [Rajesh Kumar vs State (Govt. of NCT of Delhi) - Delhi (2022)]

  • Institutionalization as Last Resort - The Preamble's objective of rehabilitation is reinforced by the National Policy for Children, 2013, which emphasizes family and community-based care with institutionalization as a measure of last resort. [Rajesh Kumar vs State (Govt. of NCT of Delhi) - Delhi (2022)]

  • Child Care Institutions - Section 2(21) defines Child Care Institutions as places providing care and protection to children in need, and Section 41(1) mandates registration of all such institutions under the JJ Act. [Rajesh Kumar vs State (Govt. of NCT of Delhi) - Delhi (2022)]

  • Comprehensive Services - Section 53 specifies rehabilitation services including basic needs, education, skill development, mental health interventions, and legal aid, consistent with the Preamble's objectives. [Rajesh Kumar vs State (Govt. of NCT of Delhi) - Delhi (2022)]

  • Legislative Intent - The Model Rules, 2016 were framed to give effect to the objectives stated in the Preamble, providing procedural mechanisms for implementation of the Act's provisions.

  • Rule of Interpretation - The Preamble serves as a key tool for interpreting ambiguous provisions in the Act and Rules, guiding authorities towards child-friendly and rehabilitative approaches.

  • Progressive Legislation - The JJ Act, 2015 replaced the 2000 Act to address gaps in implementation and make the law more child-friendly, as evidenced by the Preamble's comprehensive language. [Rajesh Kumar vs State (Govt. of NCT of Delhi) - Delhi (2022)]

  • Child in Need of Care - The Supreme Court has held that child victims of sexual abuse under POCSO Act are also CNCP, giving the Preamble's protective objectives expansive application. [Rajesh Kumar vs State (Govt. of NCT of Delhi) - Delhi (2022)]

  • State Obligations - While Directive Principles are not enforceable, once implemented through statutory enactment like the JJ Act, the State is obligated to enforce them as constitutional duties. [Rajesh Kumar vs State (Govt. of NCT of Delhi) - Delhi (2022)]

  • Holistic Development - The Preamble's reference to "development, treatment, social re-integration" reflects a holistic approach beyond mere punishment or detention. [Rajesh Kumar vs State (Govt. of NCT of Delhi) - Delhi (2022)]

  • Consolidation Purpose - The word "consolidate" in the Preamble indicates the Act's aim to unify all laws relating to children's care and protection under a single comprehensive framework.

  • Child-Friendly Adjudication - The Preamble's emphasis on child-friendly approach requires specialized procedures, separate courts/boards, and sensitive handling of children's cases. [Rajesh Kumar vs State (Govt. of NCT of Delhi) - Delhi (2022)]

  • Social Re-integration - The ultimate goal stated in the Preamble is rehabilitation and social re-integration, requiring long-term follow-up and community-based support systems. [Rajesh Kumar vs State (Govt. of NCT of Delhi) - Delhi (2022)]

  • Non-Discriminatory Application - The Preamble's broad language ensures the Act applies to all children regardless of their background, consistent with Article 14 of the Constitution. [Rajesh Kumar vs State (Govt. of NCT of Delhi) - Delhi (2022)]

R.1 Short title and commencement

(1) These rules may be called the Juvenile Justice (Care and Protection of Children) Model Rules, 2016.

(2) They shall come into force on the date of their publication in the Official Gazette.


R.2 Definitions

(1) In these model rules, unless the context otherwise requires,-

(i)"Act"means the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016);

(ii) "Authority" means the Central Adoption Resource Authority constituted under section 68 of the Act;

(iii) "Case Worker" means a representative from a registered voluntary or non-governmental organization who shall accompany the child to the Board or the Committee and may perform such tasks as may be assigned to him by the Board or the Committee;

(iv) "Child Adoption Resource Information and Guidance System" means an online system for facilitating and monitoring the adoption programme;

(v) "Child Study Report" means the report which contains details about the child, such as his date of birth and social background;

(vi) "community service" means service rendered by chi

R.3 Board

There shall be one or more Boards in each district to be constituted by the State Government through a notification in the Official Gazette.


R.4 Composition of the Board

(1) The Board shall consist of a Metropolitan Magistrate or a Judicial Magistrate of First Class having at least three years experience to be designated as the Principal Magistrate of the Board and two social worker members, of whom one shall be a woman, forming a Bench.

(2) The social worker members shall be appointed by the State Government on the recommendations of the Selection Committee constituted under these rules.

(3) The social worker members shall not be less than thirty five years of age and shall have at least seven years of experience of working with children in the field of education, health, or welfare activities, or should be a practicing professional with a degree in child psychology or psychiatry or sociology or in the field of law.

(4) As far as possible, the two social worker members so selected for a Board shall be from different fields.

(5) All members of

R.5 Term of Members of the Board

(1) The term of the social worker member of the Board shall not be more than for a period of three years from the date of appointment.

(2) A social worker member of the Board shall be eligible for appointment of maximum of two terms, which shall not be continuous.

(3) The members may resign at any time, by giving one month's notice in writing to the State Government.

(4) Any vacancy in the Board shall be filled by appointment of another person from the panel of names prepared by the Selection Committee.


R.6 Sittings of the Board

(1) The Board shall hold its sittings in the premises of an observation home or at a place in proximity to the observation home or, at a suitable premise in any Child Care Institution meant for children in conflict with law run under the Act, and in no circumstances shall the Board operate from within any court or jail premises.

(2) The Board shall ensure that no person(s) un-connected with the case remains present in the room when the case is in progress.

(3) The Board shall ensure that only those person(s), in the presence of whom the child feels comfortable, are allowed to remain present during the sitting.

(4) The Board shall hold its sittings in a child-friendly premises which shall not look like a court room in any manner and the sitting arrangement should be such to enable the Board to interact with the child face to face.

(5) While communicating with the child, the Boa

R.7 Functions of the Board

(1) The Board shall perform the following additional functions, namely:

(i) whenever necessary, the Board shall provide a translator or interpreter or special educator who shall be paid not less than Rs.1500 per day and in case of translator, not exceeding Rs.100 per page. For the said purpose, the District Child Protection Unit shall maintain a panel of translators, interpreters and special educators who shall forward the same to the Board, the qualifications of the translator, interpreter and special educator shall be as prescribed under the POCSO Act, 2012 and rules framed thereunder;

(ii) wherever required issue rehabilitation card inForm 14to the child in conflict with law to monitor the progress made by the child;

(iii) wherever required, pass appropriate orders for re-admission or continuation of the child in school where the child has been disallowed from continuing his education i

R.8 Pre-Production action of Police and other Agencies

(1) No First Information Report shall be registered except where a heinous offense is alleged to have been committed by the child, or when such offense is alleged to have been committed jointly with adults. In all other matters, the Special Juvenile Police Unit or the Child Welfare Police Officer shall record the information regarding the offense alleged to have been committed by the child in the general daily diary followed by a social background report of the child inForm 1and circumstances under which the child was apprehended, wherever applicable, and forward it to the Board before the first hearing:

Provided that the power to apprehend shall only be exercised with regard to heinous offenses, unless it is in the best interest of the child. For all other cases involving petty and serious offenses and cases where apprehending the child is not necessary in the interest of the child, the police or Special Juvenile Police Unit or Child W

R.9 Production of the child alleged to be in conflict with law before the Board.

(1) When the child alleged to be in conflict with law is apprehended, he shall be produced before the Board within twenty-four hours of his being apprehended, along with a report explaining the reasons for the child being apprehended by the police.

(2) On production of the child before the Board, the Board may pass orders as deemed necessary, including sending the child to an observation home or a place of safety or a fit facility or a fit person.

(3) Where the child produced before the Board is covered under section 83 of the Act, including a child who has surrendered, the Board may, after due inquiry and being satisfied of the circumstances of the child, transfer the child to the Committee as a child in need of care and protection for necessary action, and or pass appropriate directions for rehabilitation, including orders for safe custody and protection of the child and transfer to a fit facility recognised for the pur

R.10 Post-production processes by the Board

(1) On production of the child before the Board, the report containing the social background of the child, circumstances of apprehending the child and offense alleged to have been committed by the child as provided by the officers, individuals, agencies producing the child shall be reviewed by the Board and the Board may pass such orders in relation to the child as it deems fit, including orders under sections 17 and 18 of the Act, namely:

(i) disposing of the case, if on the consideration of the documents and record submitted at the time of his first appearance, his being in conflict with law appears to be unfounded or where the child is alleged to be involved in petty offenses;

(ii) referring the child to the Committee where it appears to the Board that the child is in need of care and protection;

(iii) releasing the child in the supervision or custody of fit persons or fit institutions or Prob


Legal Commentary on Section R.10 of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016

Introduction

Section R.10 of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016, primarily deals with the procedure and requirements related to the apprehension, reporting, and information sharing regarding children in conflict with law. It emphasizes the rights of juveniles during the process of investigation and legal proceedings, aligning with the overarching principles of the Juvenile Justice Act, 2015, which aims to ensure a child-friendly approach in juvenile justice.

What does Section R.10 Say?

Section R.10 prescribes that in cases of children alleged to be in conflict with law:- The child shall be produced before the Juvenile Justice Board (JJB) within 24 hours of apprehension.- The Board shall receive a social background report containing details of the child's circumstances, background, and the offense.- The final report on the case shall be filed before the Board at the earliest, especially in petty or serious offences.- The section also details procedures for information sharing with law enforcement, except in cases where such sharing is not warranted or would be futile.

Essential Ingredients

  • Timely production: The child must be produced before the Board within 24 hours.
  • Social background report: The Probation Officer or social worker is obliged to submit a social investigation report.
  • Information sharing: The Rules specify the manner and scope of sharing information with police and other authorities.
  • Filing of final report: The final case report must be filed promptly, especially in cases involving offences of varying severity.
  • Protection of child's rights: The Rules underscore that the process must be child-sensitive, avoiding undue detention or stigma.

Scope of Section R.10

  • Applies to children in conflict with law, particularly during apprehension, investigation, and preliminary proceedings.
  • Covers procedures for reporting, social investigation, and communication with law enforcement authorities.
  • Ensures the child's rights are protected during the process, emphasizing timely production and social assessment.
  • Clarifies the limits of police and other authorities' information sharing to protect the child's privacy and rights.
  • Encompasses both petty and serious offences, with procedures adapted accordingly.

Punishment for Section R.10

  • The Rules are procedural and do not prescribe punitive measures for violations.
  • Non-compliance, such as failure to produce the child within 24 hours or improper sharing of information, may lead to departmental action or legal consequences under the Juvenile Justice Act or related laws.
  • The emphasis is on adherence to child-friendly procedures rather than punitive sanctions.

Legal Comments

  • "Child rights" - Emphasizes the importance of timely production and social investigation to uphold the child's rights during legal proceedings - [Sources: Juvenile Justice Act, 2015, Ss. 12, 10; Rules 8(3), 10, 10-A]
  • "Timeliness" - The 24-hour production requirement ensures swift proceedings, preventing unnecessary detention and stigma - [Sources: Draft Rules 2016; FAQs under JJ Act]
  • "Social background" - Mandatory submission of social investigation reports ensures a holistic assessment of the child's circumstances - [Sources: Section 10; Rules 10]
  • "Futility of anticipatory bail" - Recognizes that anticipatory bail is generally not applicable to juveniles due to lack of arrest and custody, aligning with the Act’s child-centric approach - [Sources: SCC 2006, Paras 6.1-6.2, 8]
  • "Information sharing" - Limits police and authorities' access to information, protecting the child's privacy and preventing misuse - [Sources: Rules 10; FAQs]
  • "Procedural safeguards" - Ensures that procedural safeguards are in place to prevent illegal detention or undue delay - [Sources: Rules 10; Model Rules]
  • "Child in conflict with law" - Clarifies procedures for children alleged to be in conflict with law, emphasizing rehabilitation over punishment - [Sources: Act 2015; Rules 10]
  • "Timely filing of reports" - The requirement for early filing of final reports promotes swift justice and avoids unnecessary detention - [Sources: FAQs; Rules 10(6)]
  • "Protection from detention" - Reinforces that juveniles cannot be kept in adult detention facilities, aligning with the Act’s provisions - [Sources: Juvenile Justice Act, 2015]
  • "Role of Probation Officer" - Highlights the obligation of Probation Officers to submit social verification reports, critical for juvenile welfare decisions - [Sources: SCC 2006; Rules 10]
  • "Legal compliance" - Non-compliance with procedural rules can lead to legal consequences, stressing the importance of adherence by authorities - [Sources: Juvenile Justice Act, 2015]
  • "Child-sensitive approach" - The Rules promote a child-sensitive approach, avoiding stigma and ensuring dignity during proceedings - [Sources: Model Rules, 2016]
  • "Procedural clarity" - Provides clarity on procedures for apprehension, reporting, and information sharing, reducing arbitrariness - [Sources: Draft Rules, 2016]
  • "Protection against misuse" - Limits on police information sharing protect children from potential misuse or false allegations - [Sources: FAQs]
  • "Rehabilitation focus" - The procedural framework supports the overarching goal of rehabilitation and social reintegration of juveniles - [Sources: Juvenile Justice Act, 2015]
  • "Legal oversight" - Ensures that the process is subject to judicial oversight, maintaining accountability - [Sources: Act 2015; Rules 10]
  • "Alignment with international standards" - The Rules align with international juvenile justice standards emphasizing rights, dignity, and timely intervention - [Sources: Juvenile Justice Act, 2015]

This concise legal commentary underscores the importance of procedural safeguards, timely action, and child rights protection embedded within Section R.10 of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016.

R.10(a) Preliminary assessment into heinous offenses by Board

(1) The Board shall in the first instance determine whether the child is of sixteen years of age or above; if not, it shall proceed as per provisions of section 14 of the Act.

(2) For the purpose of conducting a preliminary assessment in case of heinous offenses, the Board may take the assistance of psychologists or psycho-social workers or other experts who have experience of working with children in difficult circumstances. A panel of such experts may be made available by the District Child Protection Unit, whose assistance can be taken by the Board or could be accessed independently.

(3) While making the preliminary assessment, the child shall be presumed to be innocent unless proved otherwise.

(4) Where the Board, after preliminary assessment under section 15 of the Act, passes an order that there is a need for trial of the said child as an adult, it shall assign reasons for the same and the cop

R.11 Completion of Inquiry

(1) Where after preliminary assessment under section 15 of the Act, in cases of heinous offenses allegedly committed by a child, the Board decides to dispose of the matter, the Board may pass any of the dispositional orders as specified in section 18 of the Act.

(2) Before passing an order, the Board shall obtain a social investigation report inForm 6prepared by the Probation Officer or Child Welfare Officer or social worker as ordered, and take the findings of the report into account.

(3) All dispositional orders passed by the Board shall necessarily include an individual care plan inForm 7for the child in conflict with law concerned, prepared by a Probation Officer or Child Welfare Officer or a recognised voluntary organization on the basis of interaction with the child and his family, where possible.

(4) Where the Board is satisfied that it is neither in the interest of the child hi

R.12 Pendency of Inquiry

(1) For the purpose of sub-section (3) of section 16 of the Act, the Board shall maintain a 'Case Monitoring Sheet' of every case and every child inForm 11— The saidFormshall be kept at the top of each case file and shall be updated from time to time. The following points shall be considered so far as 'progress of inquiry' mentioned inForm 11is concerned:

(i) time schedule for disposal of the case shall be fixed on the first date of hearing;

(ii) scheduled date given in column No. (2) of 'progress of inquiry' shall be the outer limit within which the steps indicated in column (1) are to be completed.

(2) The Board shall submit a quarterly report inForm 12about the pendency of the cases, visits to Homes etc. to the following:

(i) Chief Judicial Magistrate or Chief Metropolitan Magistrate;

(ii) District Magistrate.

R.13 Procedure in relation to Children's Court and Monitoring Authorities

(1) Upon receipt of preliminary assessment from the Board the Children's Court may decide whether there is need for trial of the child as an adult or as a child and pass appropriate orders.

(2) Where an appeal has been filed under sub-section (1) of section 101 of the Act against the order of the Board declaring the age of the child, the Children's Court shall first decide the said appeal.

(3) Where an appeal has been filed under sub-section (2) of section 101 of the Act against the finding of the preliminary assessment done by the Board, the Children's Court shall first decide the appeal.

(4) Where the appeal under sub-section (2) of section 101 of the Act is disposed of by the Children's Court on a finding that there is no need for trial of the child as an adult, it shall dispose of the same as per section 19 of the Act and these rules.

(5) Where the appeal under sub-section

R.14 Destruction of records

The records of conviction in respect of a child in conflict with law shall be kept in safe custody till the expiry of the period of appeal or for a period of seven years, and no longer, and thereafter be destroyed by the Person-in-charge or Board or Children's Court, as the case may be:

Provided that in case of a heinous offense where the child is found to be in conflict with law under clause (i) of sub-section (1) of section 19 of the Act, the relevant records of conviction of such child shall be retained by the Children's Court.


R.15 Composition and Qualifications of Members of the Committee

(1) There shall be one or more Committees in each district to be constituted by the State Government through a notification in the Official Gazette.

(2) The Chairperson and members of the Committee shall be appointed by the State Government on the recommendation of the Selection Committee underrule 87of these rules.

(3) The Chairperson and the members shall be above the age of thirty-five years and shall have a minimum of seven years of experience of working with children in the field of education, health, or welfare activities, or should be a practicing professional with a degree in child psychology or psychiatry or social work or sociology or human development or in the field of law or a retired judicial officer.

(4) A member of the Committee shall be eligible for appointment of maximum of two terms, which shall not be continuous.

(5) All persons, on selection shall m

R.16 Rules and Procedures of Committee

(1) The Chairperson and members of the Committee shall be paid such sitting allowance, travel allowance and any other allowance, as the State Government may prescribe but not less than Rs.1500/- per sitting.

(2) A visit to an existing Child Care Institution by the Committee shall be considered as a sitting of the Committee.

(3) The Committee shall hold its sittings in the premises of a children's home or, at a place in proximity to the children's home or, at a suitable premises in any institution run under the Act for children in need of care and protection.

(4) The Committee shall ensure that no person(s) un-connected with the case remains present in the room when the session is in progress.

(5) The Committee shall ensure that only those person(s), in the presence of whom the child feels comfortable, shall be allowed to remain present during the sitting.

In addition to the functions and responsibilities of the Committee under section 30 of the Act, the Committee shall perform the following functions to achieve the objectives of the Act, namely:

(i) document and maintain detailed case record along with a case summary of every case dealt by the Committee inForm 15;

(ii) maintain a suggestion box or grievance redressal box at a prominent place in the premises of the Committee to encourage inputs from children and adults alike which shall be operated by the District Magistrate or his nominee;

(iii) ensure smooth functioning of Children's Committees in the Child Care Institutions for children in need of care and protection within its jurisdiction, for realising children's participation in the affairs and management of the said Child Care Institutions;

(iv) review the Children's Suggestion Book at least once a month;


R.18 Production before the Committee

(1) Any child in need of care and protection shall be produced before the Committee during the working hours at its place of sitting and beyond working hours before the member as per the duty roster:

Provided that where the child cannot be produced before the Committee, the Committee shall reach out to the child where the child is located.

(2) Whoever produces the child before the Committee shall make a report inForm 17containing the particulars of the child as well as the circumstances in which the child was received or found.

(3) In case of a child less than two years of age, who is medically unfit, the person or the organization who comes in contact with the child in need of care and protection shall send a written report along with the photograph of the child to the Committee within twenty-four hours and produce the child before the Committee as soon as the child is medically fit along w

R.19 Procedure for inquiry

(1) The Committee shall inquire into the circumstances under which the child is produced and accordingly declare such child to be a child in need of care and protection.

(2) The Committee shall, prima facie determine the age of the child in order to ascertain its jurisdiction, pending further inquiry as per section 94 of the Act, if need be.

(3) When a child is brought before the Committee, the Committee shall assign the case to a social worker or Case Worker or Child Welfare Officer or to any recognised non-governmental organization for conducting the social investigation under sub-section (2) of section 36 of the Act through an order inForm 21—

(4) The Committee shall direct the person or organization concerned to develop an individual care plan inForm 7including a suitable rehabilitation plan. The individual care plan prepared for every child in the institutional care shall be

R.20 Pendency of cases

(1) The Committee shall maintain a 'Case Monitoring Sheet' of every case and in case there is more than one child in one case, a separate sheet shall be used for each child. The case monitoring sheet shall be inForm 26— The said Form shall be kept at the top of each case file and shall be updated from time to time. The following points shall be considered so far as 'progress of inquiry' mentioned inForm 26is concerned:

(i) time schedule for disposal of the case should be fixed on the first date of hearing;

(ii) scheduled date given in column (2) of 'progress of inquiry' shall be the outer limit within which the steps indicated in column (1) is to be completed.

(2) The Committee shall submit a quarterly report to District Magistrate inForm 16for review of pendency of cases.

(3) The District Magistrate shall review the functioning of the Committee in

R.21 Manner of Registration of Child Care Institutions

(1) All institutions running institutional care services for children in need of care and protection or children in conflict with law, whether run by the government or voluntary organization, shall be registered under sub-section (1) of section 41 of the Act, irrespective of being registered or licensed under any other Act for the time being in force.

(2) All such institutions shall make an application inForm 27together with a copy each of rules, bye-laws, memorandum of association, list of governing body, office bearers, list of trustees, balance sheet of preceding three years, statement of past record of social or public service provided by the institution to the State Government and a declaration from the person or the organization regarding any previous conviction record or involvement in any immoral act or in an act of child abuse or employment of child labour or that it has not been black listed by the Central or State Government;<

R.22 Open Shelter

(1) The State Government may establish open shelters by itself or through voluntary or non-governmental organizations.

(2) All organizations and persons who wish to establish open shelters or already running open shelters shall, make an application inForm 27to the State Government for registration.

(3) The applicants shall submit a report of the need for opening such open shelters along with a survey on the status of children indicating the number of children where the open shelter is proposed to be established. After proper police verification and other inquiry as deemed necessary, the organization or person may be selected for running the open shelter.

(4) The open shelters shall be registered as provided under sub-section (1) of section 41 of the Act inForm 28—

(5) The services provided in the open shelters may include day care and night residential faci

R.23 Foster Care

(1) The State Government may place children in need of care and protection in foster care including group foster care through order of the Committee for a short or extended period of time.

(2) The District Child Protection Unit shall be the nodal authority for implementing the foster care programme in a district.

(3) All decisions related to placement of a child in foster care shall be taken by the Committee. Children in the age group of six years and above may be considered for placement in foster care in the circumstances mentioned in sub-rule (1) ofrule 44of these rules. Children below six years of age shall be, as far as possible placed in adoption.

(4) Children in need of care and protection who are living in community may also be considered for placement in foster care based on the child study report inForm 31prepared by the District Child Protection Unit.


R.24 Sponsorship

(1) The State Government shall prepare sponsorship programmes, which may include:

(i) individual to individual sponsorship;

(ii) group sponsorship;

(iii) community sponsorship;

(iv) support to families through sponsorship; and

(v) support to Children Homes and Special Homes

(2) The sponsorship programme shall be implemented by the District Child Protection Unit which shall provide a panel of persons or families or organizations interested in sponsoring a child.

(3) The panel will list sponsors according to the area of interest such as education, medical support, nutrition, vocational training etc., and the nature of sponsorship.

(4) The District Child Protection Unit shall forward the panel to the Board or the Committee or the Children's Court.

(5) The Board

R.25 After Care of Children Leaving Institutional Care

(1) The State Government shall prepare a programme for children who have to leave Child Care Institutions on attaining eighteen years of age by providing for their education, giving them employable skills and placement as well as providing them places for stay to facilitate their re-integration into the mainstream of society.

(2) Any child who leaves a Child Care Institution may be provided after care till the age of twenty-one years on the order of the Committee or the Board or the Children's Court, as the case may be, as perForm 37and in exceptional circumstances ,for two more years on completing twenty-one years of age .

(3) The District Child Protection Unit shall prepare and maintain a list of organizations, institutions and individuals interested in providing after care as per their area of interest such as education, medical support, nutrition, vocational training etc. and the same shall be forwarded to the

R.26 Management and Monitoring of Child Care Institutions

26

(1) The personnel strength of a Child Care Institution shall be determined according to the duty, posts, hours of duty and category of children that the staff is meant to cater to.

(2) The staff of the Child Care Institution shall be subject to control and overall supervision of the Person-in-charge who by order, shall determine their specific duties and responsibilities in keeping with the statutory requirements of the Act and these rules.<

R.27 Fit Facility

(1) The Board or the Committee shall on an application from any institution or organization run by Government or non-governmental organization, recognise the facility as a fit facility provided the manager of that facility is willing temporarily to receive a child for a specific purpose or for group foster care.

(2) An application inForm 38for recognition shall be accompanied with a copy each of rules, bye-laws, memorandum of association, list of governing body, office bearers, list of trustees, balance sheet of the preceding three years, statement of past record of social or public service provided by the institution or organization.

(3) Any facility for recognition as a fit facility shall:

(i) meet the basic standards of care and protection to the child;

(ii) provide basic services to any child placed with it;

(iii) prevent child placed with

R.28 Fit Person

(1) Any individual who is fit to temporarily receive a child for care, protection or treatment, for a period as may be necessary, may be recognised by the Board or the Committee as a fit person.

(2) The Board or the Committee may identify a panel of persons on the basis of their credentials, respectability, expertise, professional qualifications, experience of dealing with children and their willingness to receive the child and shall recognise them as fit persons for the purposes of the Act:

Provided that such a person should not have been accused of an offense under the Act or have been involved in any immoral act or in act of child abuse or employment of child labour or in an offense involving moral turpitude.

(3) The Board or the Committee may also appoint any person as a fit person on need basis for a child or children after verifying the credentials of such person, and wherever possible, after

R.29 Physical infrastructure

29

(1) The accommodation in each institution shall be as per the following criteria, namely:-

(i) Observation Home:

(a) separate observation homes for girls and boys;

R.30 Clothing, Bedding, Toiletries and other Articles

30

(1) The clothing and bedding shall be as per the scale and climatic conditions. The requirements of each child and the minimum standards for clothing and bedding shall be as under:

R.31 Sanitation and Hygiene

(1) Every Child Care Institution shall have the following facilities, namely:

(i) sufficient treated drinking water; water filters or RO shall be installed at multiple locations in the premises for easy access such as kitchen, dormitory, recreational rooms etc.;

(ii) sufficient water including hot water for bathing and washing clothes, maintenance and cleanliness of the premises;

(iii) proper drainage system with regular maintenance;

(iv) arrangements for disposal of garbage;

(v) protection from mosquitoes by providing mosquito nets or repellants;

(vi) annual pest control;

(vii) sufficient number of well-lit and airy toilets with proper fittings in the proportion of at least one toilet for seven children;

(viii) sufficient number of well-lit and airy bathrooms with proper fittin

R.32 Daily Routine

(1) Every Child Care Institution shall have a daily routine for children developed in consultation with the Children's Committees, which shall be prominently displayed at various places within the Child Care Institution.

(2) The daily routine may provide, inter alia, for a regulated and disciplined life, personal hygiene and cleanliness, physical exercise, yoga, educational classes, vocational training, organised recreation and games, moral education, group activities, prayer and community singing and special programmes for Sundays and holidays and national holidays, festive days, birthdays.


R.33 Nutrition and Diet Scale

33

(1) The following nutrition and diet scale shall be followed by the Child Care Institutions, namely:

(i) the children shall be provided four meals in a day including breakfast;

(ii) the menu shall be prepared with t

R.34 Medical Care

(1) In all Child Care Institutions, a medical officer shall be made available on call whenever necessary for regular medical check up and treatment of children.

(2) A nurse or a para medic shall be available round the clock in all Child Care Institutions.

(3) Every Child Care Institution may:

(i) arrange for medical examination of each child admitted in an institution by the Medical Officer within twenty- four hours of admission and in special cases or medical emergencies immediately;

(ii) arrange for a medical examination of child by the Medical Officer at the time of transfer within twenty four hours before transfer;

(iii) maintain a medical record of each child on the basis of monthly medical check-up and provide necessary medical facilities;

(iv) ensure that the medical record includes weight and height record, any sickness

R.35 Mental Health

(1) The environment in an institution shall be free from abuse, allowing children to cope with their situation and regain confidence.

(2) All persons involved in taking care of the children in an institution shall participate in facilitating an enabling environment and work in collaboration with the therapists as needed.

(3) Milieu based interventions and individual therapy are must for every child and shall be provided in all institutions.

Explanation.- For the purpose of this sub-rule, "milieu based intervention" is a process of recovery, which starts through providing an enabling culture and environment in an institution so as to ensure that each child's abilities are discovered and they have choices and right to take decisions regarding their life and thus, develop and identify beyond their negative experiences, such intervention which has a critical emotional impact on the child.

R.36 Education

(1) Every institution shall provide education to all children according to the age and ability, both inside the institution or outside, as per requirement.

(2) There shall be a range of educational opportunities including, mainstream inclusive schools, bridge school, open schooling, non formal education and learning where needed.

(3) Wherever necessary, extra coaching shall be made available to school going children in the institutions by encouraging volunteer services or tying up with coaching centres or tutors.

(4) Specialized trainers and experts shall be appointed to cater to the educational needs of children with special needs either physical or mental. Learning disorders shall be identified, assessed and reported in the Individual Care Plan. Further assistance shall be given to the child by trained professionals.

(5) Regularity of the education programme and attendance o

R.37 Vocational Training

(1) Every Child Care Institution shall provide gainful vocational training to children according to their age, aptitude, interest and ability, both inside or outside the Child Care Institution.

(2) Vocational training shall include occupational therapy, skill and interest based training, aimed at suitable placement at the end of the course. The institute, preferably government recognised, providing vocational training shall give a certificate, on the completion of the course.

(3) Where vocational training is offered outside the premises of the Child Care Institution, children shall be escorted for such programmes with proper security planning and services, particularly for children who are at risk.

(4) A record shall be maintained for all children attending the programmes and the progress made by each child shall be reviewed. The report in that regard shall be submitted to the Board or the Committee

R.38 Recreational Facilities

(1) Recreational facilities may include indoor and outdoor games, yoga and meditation, music, television, picnic and outings, cultural programmes, gardening and library, etc.

(2) Sufficient space shall be made available for outdoor sports and games.

(3) Picnic and outings may include education fair or science fair, museum, planetarium, botanical garden, zoological garden, etc.

(4) Cultural event or sports competition shall be held once in a quarter to showcase talent on festivals or on days of national festivals.

(5) Library shall have child friendly environment. There shall be books in regional language, newspapers, children's magazines, puzzle books, picture books, books in braille, audio and video devices, etc.

(6) Space in the home shall be made available for gardening with technical input being given by a gardener to the children.

(1) Every Child Care Institution shall have a Management Committee for the management of the institution and monitoring the progress of every child.

(2) In order to ensure proper care and treatment as per the individual care plans, children shall be grouped on the basis of age, nature of offense or kind of care required, physical and mental health and length of stay.

(3) The Management Committee shall comprise of:

(i) District Child Protection Officer (District Child Protection Unit)- Chairperson;

(ii) Person-in-charge - Member-Secretary;

(iii) Probation Officer or Child Welfare Officer or Case Worker - Member;

(iv) Medical Officer - Member;

(v) Psychologist or Counselor - Member;

(vi) Workshop Supervisor or Vocational Instructor- Member;

(vii) Teacher - Me

R.40 Children's Committees

(1) Person-in-charge of every institution for children shall facilitate the setting up of children's committees for different age groups of children, that is in the age group of 6 to 10 years, 11 to 15 years and 16 to 18 years and these children's committees shall be constituted solely by children.

(2) Such children's committee shall be encouraged to participate in following activities:

(i) improvement of the condition of the institution;

(ii) reviewing the standards of care being followed;

(iii) preparing daily routine and diet scale;

(iv) developing educational, vocational and recreation plans;

(v) respecting each other and supporting each other in managing crisis;

(vi) reporting abuse and exploitation by peers and caregivers;

(vii) creative expression of their views through wa

R.41 Inspection

(1) The State Government shall constitute State and district level inspection committees.

(2) The State Inspection Committee shall comprise of a maximum of seven members from among the State Government, namely the Board or Committee, the State Commission for the Protection of Child Rights, the State Human Rights Commission, State Adoption Resource Agency, medical and other experts, voluntary organizations and reputed social workers. The Member-Secretary, State Child Protection Society shall be the Chairperson of the State Inspection Committee.

(3) The State Inspection Committee shall carry out inspections of the Child Care Institutions as defined under sub-section (21) of section (2) of the Act housing children in the State in Form 46—

(4) The State Inspection Committee shall carry out random inspections of the institutions housing children to determine whether such institution is housing chil

R.42 Evaluation

(1) The evaluation of functioning of the Board, Committee, special juvenile police units, registered institutions, or recognised fit facilities and persons under the Act may be done by the Central Government or the State Government once in three years through institutions and agencies such as reputed academic institutions, schools of social work of Universities, Management Institutions, multidisciplinary Committee especially constituted for the purpose etc.

(2) The findings of the evaluation as per sub-rule (1) above shall be shared between the Central and State Governments in order to strengthen and improve the functioning of different structures.


R.43 Adoption Related Reporting

(1) The Child Welfare Committees shall, furnish the data relating to children declared legally free for adoption and cases pending for decision to the Authority online in the formats provided in the Adoption Regulations and also to the respective State Adoption Resource Agencies, with the assistance of the District Child Protection Units.


R.44 Children who are not being adopted after being declared legally free for adoption may be eligible for Foster Care

(1) The following categories of children may be considered for Foster Care in following circumstances:

(i) Children in the age group of 0 to 6 years who are being considered by the Committee as legally free for adoption and those who have been declared legally free for adoption shall not as far as possible be considered for placement in foster care. Such children shall be provided a permanent family through adoption as per Adoption Regulations.

(ii) If adoptable children between the age of 6 to 8 years do not get a family either in in-country adoption or in inter-country adoption within a period of two years after they are declared legally free for adoption by Child Welfare Committee, such children to be eligible to be placed in family foster care or group foster care, as the case may be, by the Committee on the recommendation of District Child Protection Unit or Specialized Adoption Agency.

(iii

R.45 Procedure before the Court

(1) The procedure for obtaining an Adoption Order from the court concerned would be as provided in Adoption Regulations.

(2) The Court, for the purpose of an application for adoption order, shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908) and Evidence Act, 1872. The procedure, as laid down in the Juvenile Justice (Care and Protection of Children) Act, 2015 and Adoption Regulations shall be followed.


R.46 Period for disposal of applications

(1) The Court shall dispose of an application for making an adoption order within a period of two months from the date of filing of the application, as provided under sub-section (2) of section 61 of the Act and where the judge of the court concerned ordinarily exercising jurisdiction in such matters is not available for a period of more than one month, the applications shall be disposed of within stipulated time by other senior most judge.

(2) No information or Court order regarding adoption disclosing the identity of the child shall be uploaded on any portal except as may be stipulated in Adoption Regulations.


R.47 Special provision for protection of adopted children

Any case of offense committed against adopted child shall be dealt as per the law applicable to any other child.


R.48 Linkage of Child Care Institutions to Specialized Adoption Agencies

Linkage of Child Care Institutions with Specialized Adoption Agencies for the purpose of adoption shall be governed by the provisions of section 66 of the Act and Adoption Regulations.


R.49 Additional Functions of the Authority

(1) The Authority shall perform the following functions, in addition to the functions specified in sub-section (1) of section 68 of the Act, namely:

(i) receive applications of a non-resident Indian or overseas citizen of India or a foreigner living abroad through authorised adoption agency or Central Authority or the Government Department concerned or an Indian Diplomatic Mission and process the same in terms of sub-section (5) of section 59 of the Act;

(ii) receive and process applications received from a foreigner or an overseas citizen of India residing in India for one year or more, and who is interested in adopting a child from India in terms of subsection (12) of section 59 of the Act;

(iii) issue no-objection certificate in all cases of inter-country adoptions;

(iv) issue conformity certificate in the inter-country adoption cases under Article 23 of the 1993 Hague

R.50 Terms and conditions of appointment of Members of the Steering Committee of the Authority

(1) A person for being selected or nominated as a member of the Steering Committee of the Authority shall:

(i) be an Indian national;

(ii) not be below the age of twenty-five years and above the age of sixty years, and for the member who is an adoptee as per clause (e) of sub-section (1) of section 69 of the Act, the minimum age would be twenty-one years;

(iii) not have been convicted or sentenced to imprisonment for an offense under any law for the time being in force; and

(iv) not have been removed or dismissed from service of the Central or State Government or a body or corporation owned or controlled by Central or State Government.

(2) The members in clause (d) of sub-section (1) of section 69 of the Act, shall be from different zones on rotation basis.

(3) The zones and the States covered for the purpose of selection of th

R.51 Transaction of business of the Steering Committee of the Authority

(1) The Steering Committee of the Authority shall meet once in a month.

(2) The transaction of business of the Steering Committee may also be convened by circulation in case of urgency and such transaction of business shall have the same effect as if it had been transacted at a formal meeting.

(3) A meeting of the Steering Committee shall be convened by the Member- Secretary with the approval of the Chairperson.

(4) The meeting notice shall be issued by the Member-Secretary at least seven working days before the actual date of the meeting.

(5) An extra ordinary meeting of the Steering Committee may be convened by the Chairperson at any time.

(6) Five members of the Steering Committee shall form the quorum for the meeting.

(7) The meeting shall be presided over by the Chairperson and in his absence, a member nominated or designated

R.52 Annual Report of the Authority

(1) The Chief Executive Officer or any other officer of the Authority duly authorised by the Chief Executive Officer in this behalf shall cause to be prepared the annual report of the Authority under sub-section (1) of section 71 of the Act on or before the 30thday of June following the financial year to which that report relates.

(2) The annual report prepared under sub-rule (1) shall, after approval by the Steering Committee be signed and authenticated by the Chief Executive Officer.


R.53 Accounts and audit of the Authority

(1) The annual statement of accounts of the Authority for every financial year shall be prepared by the Chief Executive Officer or such officer of the Authority as may be authorised by the Chief Executive Officer in this behalf.

(2) The Authority shall forward to the Central Government quarterly reviews of expenditure incurred and the expenditure likely to be incurred during the remaining part of the financial year.

(3) The Chief Executive Officer shall supervise the maintenance of the accounts of the Authority, the compilation of financial statement and returns and shall also ensure that all account books, connected vouchers and other documents and papers of the Authority required by the office of the Comptroller and Auditor General for the purpose of auditing the accounts of the Authority are placed at the disposal of that office.

(4) The accounts of the Authority shall be maintained in the format

R.54 Procedure in cases of offenses against children

(1) A complaint of an offense against a child may be made by child, family, guardian, friend or teacher of the child, childline services or any other individual or institutions or organization concerned.

(2) On receipt of information in respect of a cognizable offense against a child, the police shall register a First Information Report (FIR) forthwith.

(3) On receipt of information of a non- cognizable offense against a child, the police shall make an entry in the Daily Diary which shall be transmitted to the Magistrate concerned forthwith who shall direct appropriate action under sub-section (2) of section 155 of the Code of Criminal Procedure, 1973.

(4) In all cases of offenses against children, the investigation shall be conducted by the Child Welfare Police Officer.

(5) Where any offense under the Act is committed by a Child Care Institution including a Specialized Adopti

R.55 Procedure in case of offense under section 75 of the Act

(1) For the purposes of section 75 of the Act and this rule, giving a child in marriage shall be considered as cruelty to the child. On receipt of information of risk of a child being given in marriage, the police or any officer authorised under the Act or under the Prohibition of Child Marriage Act,2006 (6 of 2007), shall produce the child before the Committee for appropriate directions and rehabilitative measures.

(2) Where an act of cruelty to a child takes place in a Child Care Institution, or a school, or in any other place of care and protection to the child, considering the best interest of the child, the Board or the Committee or the Children's Court after consultation with the child and or parents or guardians shall provide alternative rehabilitation for the child.

(3) A child covered under the Act requiring immediate medical attention shall be provided with required medical care and treatment by a hospital or cl

R.56 Procedure in case of offense under section 77 of the Act

(1) Whenever a child is found to be under the influence of, or in possession of intoxicating liquor or narcotic drugs or psychotropic substances or tobacco products, including for the purpose of sale, the police shall enquire as to how the child came under the influence of, or possession of such intoxicating liquor or narcotic drugs or psychotropic substances or tobacco products and shall register an FIR forthwith.

(2) The child who has been administered narcotic drugs or psychotropic substances or is found under the influence of the same may be produced either before the Board or the Committee as the case may be, and the Board or the Committee shall pass appropriate orders regarding rehabilitation and de-addiction of the child.

(3) In case of a child found to be addicted to intoxicating liquor or tobacco products, the child shall be produced before the Committee which shall pass directions for rehabilitation including de


Legal Commentary on Section 56 of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016

Introduction

Section 56 of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016, addresses the issue of children found in possession of intoxicating substances, including liquor, narcotics, psychotropic substances, and tobacco products. It emphasizes the responsibility of law enforcement to investigate the circumstances leading to such possession and aims to protect children from exploitation and harm related to substance abuse.

What does Section 56 Say

Section 56 mandates that whenever a child is found under the influence of or in possession of intoxicating liquor, narcotics, psychotropic substances, or tobacco products, the police must inquire into how the child came into possession or influence. The section also stipulates that the child should not be handcuffed, fettered, or chained, and coercion or force should not be used during such investigations.

Essential Ingredients

  • Identification of a child in possession of or under the influence of intoxicants or tobacco.
  • The police's obligation to inquire into the circumstances of possession or influence.
  • Prohibition on handcuffing, fettering, chaining, or using force on the child.
  • Investigation to determine the source or reason for the child's possession or influence.

Scope of Section

This section applies to all children as defined under the Juvenile Justice Act, particularly focusing on those found with intoxicants or tobacco, whether for personal use or sale. It covers actions by police during initial investigation and emphasizes child protection principles.

Punishment for Section

While Section 56 primarily prescribes procedural safeguards and investigative duties, it does not specify direct punishments. However, violations of the protections, such as using force or handcuffs improperly, may attract disciplinary or legal consequences under the broader framework of juvenile justice laws and child rights protections.

Legal Comments

  • Child Protection - Emphasizes the importance of safeguarding children's rights during investigations, prohibiting coercion, force, and restraints like handcuffs or fetters .
  • Police Responsibility - Mandates police inquiry into how the child came into possession or influence of intoxicants, ensuring a child-friendly approach .
  • Prohibition of Coercion - Reinforces that no coercion or force, including chaining or fettering, should be used on children during investigation, aligning with child rights principles .
  • Scope of Application - Applies to children found with intoxicants or tobacco, whether for personal use or sale, covering a broad range of situations .
  • Preventive Approach - Aims to prevent exploitation and misuse of children in drug-related activities by ensuring proper inquiry and protection .
  • Procedural Safeguards - Highlights the procedural safeguards during police investigation, emphasizing child-friendly procedures .
  • Investigation Duty - Places an active duty on police to investigate the circumstances of possession or influence, promoting accountability .
  • No Handcuffs or Fetters - Explicitly states that children should not be handcuffed, chained, or fettered, reflecting the juvenile justice philosophy .
  • Protection Against Abuse - Seeks to prevent abuse or mistreatment of children during police interrogation related to intoxicants .
  • Legal Framework - Operates within the broader legal framework of juvenile justice, reinforcing child-centric procedures .
  • Implementation Challenges - Recognizes the need for proper training of police personnel to adhere to these provisions and avoid violations .
  • Rehabilitation Focus - Implicitly supports rehabilitative measures rather than punitive actions for children in such circumstances .
  • Awareness and Training - Underlines the importance of training law enforcement on child rights and investigation procedures under juvenile laws .
  • Child-Centric Approach - Emphasizes a child-centric approach in all procedures involving children found with intoxicants, aligning with international standards .
  • Legal Safeguards - Provides legal safeguards to ensure children are not subjected to inhumane treatment during investigations .
  • Preventing Exploitation - Aims to prevent children from being exploited for sale or distribution of intoxicants through proper inquiry .
  • Alignment with International Conventions - Reflects principles from the UN Convention on the Rights of the Child, particularly regarding protection from torture and inhumane treatment .
  • Role of Juvenile Justice Boards - While not explicitly mentioned, the provisions support the role of Juvenile Justice Boards in overseeing such investigations .

Note: The references are primarily derived from the provided sources, especially "," which contains details about the procedural and protective aspects of Section 56.

R.57 Procedure in case of offense under section 78 of the Act

(1) Whenever a child is found to be vending, carrying, supplying or smuggling an intoxicating liquor, narcotic drug, or psychotropic substance, the police shall enquire how and from whom the child came into possession of the intoxicating liquor, narcotic drug, or psychotropic substance and shall register an FIR forthwith.

(2) A child who is alleged to have committed an offense under section 78 of the Act shall be produced before the Board, which may transfer the child to the Committee, if the child is also in need of care and protection.


R.58 Procedure in case of offense under section 80 of the Act

(1) Where any orphan, abandoned or surrendered child, is offered or given or received for the purpose of adoption without following the procedures as provided in the Act and the rules, the police shall, suomotu, or on receipt of information in that regard register an FIR forthwith.

(2) A child who has been so offered, given or received for the purpose of adoption shall be produced before the Committee forthwith which shall pass appropriate directions for rehabilitation of the child, including placing such child in a Specialized Adoption Agency.

(3) Wherever any offense under section 80 of the Act is committed by a recognised Specialized Adoption Agency or by a person associated with such an agency, the Committee may also pass appropriate orders for placing the other children placed with the Specialized Adoption Agency in any other Child Care Institution or Specialized Adoption Agency.


R.59 Procedure in case of offense under section 81 of the Act

(1) On receipt of information about the selling or buying of a child, the police shall register an FIR forthwith.

(2) Giving or agreeing to give, receiving or agreeing to receive any payment or reward in consideration of adoption, except as permitted under the adoption regulations framed by the Authority, towards the adoption fees or service charge or child care corpus by any prospective adoptive parent(s) or parent or guardian of the child or the Specialized Adoption Agency shall amount to an offense under section 81 of the Act and this rule.

(3) A child, who has been subjected to buying or selling, shall be produced before the Committee forthwith which shall pass appropriate orders for the rehabilitation of the child.

(4) Where any offense under section 81 of the Act is committed by a parent or a guardian of the child or any other person having actual charge or custody of the child, the Committee

R.60 Procedure in case of offense under section 82 of the Act

(1) A complaint of subjecting a child to corporal punishment under section 82 of the Act may be made by the child or any one on his behalf.

(2) Every Child Care Institution shall have a complaint box at a prominent place in the building to receive complaints of corporal punishment.

(3) The complaint box will be opened in the presence of a representative of the District Child Protection Unit once a month.

(4) All such complaints shall be forthwith presented before the Judicial Magistrate of First Class nearest to the Child Care Institution and copies thereof shall be forwarded to the Board or the Committee.

(5) The Judicial Magistrate shall get the case investigated by the Child Welfare Police Officer concerned and take appropriate measures on receipt of a complaint.

(6) The Board or the Committee may consider transferring the child to another Child Care

R.61 Duties of the Person-in-charge of a Child Care Institution

(1) The primary responsibility of the Person-in-charge is of maintaining the Child Care Institution and of providing care and protection to the children.

(2) The Person-in-charge shall stay within the premises to be readily available as and when required by the children or the staff and in case where an accommodation is not available in the premises, he shall stay at a place in close proximity to the Child Care Institution till such time such accommodation is made available within the premises of the Child Care Institution.

(3) The general duties and functions of the Person-in-charge shall include, to:-

(i) ensure compliance with the provisions of the Act and the rules and orders made thereunder;

(ii) ensure compliance with the orders of the Board or the Committee or the Children's Court;

(iii) provide homely and enabling atmosphere of love, affection

R.62 Duties of the Child Welfare Officer or Case Worker

(1) Every Child Welfare Officer or Case Worker in the Child Care Institution shall carry out all directions given by the Board or the Committee or the Children's Court.

(2) The Child Welfare Officer or Case Worker shall establish linkages with voluntary workers and organizations to facilitate rehabilitation and social re-integration of the children and to ensure the necessary follow up.

(3) The Child Welfare Officer or Case Worker available in the Child Care Institution at the time of receiving a child shall interact with the child received with a view to put the child at ease and befriend him and shall supervise the process of receiving of the child.

(4) On receipt of information from the police or Child Welfare Police Officer or on arrival of a child in the Child Care Institution, the Child Welfare Officer or Case Worker shall forthwith conduct social investigation of the child through personal in

R.63 Duties of the House Mother or House Father

(1) Every house father or house mother shall abide by the directions of the Person-in-charge.

(2) The general duties, functions and responsibilities of a house father or house mother shall be as follows:

(i) handle every child in the Child Care Institution with love and affection;

(ii) take proper care of the child and ensure his welfare;

(iii) provide each child upon his reception with all necessary supplies like clothing, toiletries and such other items required for daily usage.;

(iv) replenish the provisions or supplies as per scale and need of the child;

(v) maintain discipline among the children;

(vi) ensure that the children maintain personal cleanliness and hygiene;

(vii) look after maintenance, sanitation and maintain hygienic surroundings;

(viii)

R.64 Duties of a Probation Officer

(1) On receipt of information from the Police or Child Welfare Police Officer under clause (ii) of sub-section (1) of section 13 of the Act, without waiting for any formal order from the Board, the Probation Officer shall inquire into the circumstances of the child as may have bearing on the inquiry by the Board and submit a social investigation report in Form 6 to the Board.

(2) The social investigation report should provide for risk assessment, including aggravating and mitigating factors highlighting the circumstances which induced vulnerability such as traffickers or abusers being in the neighbourhood, adult gangs, drug users, accessibility to weapons and drugs, exposure to age inappropriate behaviours, information and material.

(3) The Probation Officer shall carry out the directions given by the Board and shall have the following duties, functions and responsibilities:

(i) To conduct social i

R.65 Rehabilitation-cum-Placement Officer

(1) A Rehabilitation-cum- Placement Officer shall be designated in all Child Care Institutions, including place of safety.

(2) The Rehabilitation-cum-Placement Officer may have a Masters Degree in Social Work or Human Resource Management and at least three years experience in the field of rehabilitation, employment creation and resource mobilisation.

(3) The Rehabilitation-cum- Placement Officer to perform the following functions:

(i) Identify the skills and aptitude of the children placed in Child Care Institutions through appropriate mechanism and in consultation with the Child Welfare Officer, Case Worker, Counselor and Vocational instructor;

(ii) Identify and develop linkages with all such agencies that offer vocational and training services with job placement at the end of the course;

(iii) Network with persons, corporates, recognised non-governm

R.66 Staff Discipline

(1) Any dereliction of duty, violation of rules and orders shall be viewed seriously and strict disciplinary action shall be taken or recommended by the Person-in-charge against the erring officials.

(2) No staff of the Child Care Institution shall be present at an unauthorised location within the Child Care Institution.

(3) No staff of the Child Care Institution shall bring any prohibited article into the Institution.

(4) No staff of the Child Care Institution shall consume any addictive substances like liquor, bidi, cigarette, tobacco or any other psychotropic substance within the premises of the Child Care Institution, whether on duty at the relevant time or not or shall report for duty under the influence of any intoxicating substance.

(5) No staff of the Child Care Institution shall sell or let for gain any article to any child or have any business dealings with such chil

R.67 Security measures

(1) Adequate number of security personnel shall be engaged in every Child Care Institution keeping in mind the category of children housed in the Child Care Institution, age group of children and the purpose of the Child Care Institution and the risk factor to and from the child.

(2) While engaging security personnel, preference shall be given to ex-servicemen recruited through the Directorate General of Resettlement or agencies recommended by them.

(3) In Child Care Institutions housing girls, female security guards would be provided for the security inside the Child Care Institution and male security guards may be engaged for the security of the Child Care Institution from outside.

(4) Security personnel should also be available in reserve for any emergency situation.

(5) The Person-in-charge shall ensure that appropriate security measures are employed at all times, includin

R.68 Searches and Seizures

(1) The Person-in-charge or other authorised functionary of the Home may conduct searches if required, and seize prohibited articles, if found.

(2) The procedure in case of seizures shall be as under:

(i) any prohibited article found during the search, shall be seized by the Person-in-charge and a list of such seizure prepared;

(ii) in case of arms, weapons, articles capable of being used as weapons or tools for criminal activities or addictive substances being found from a child or dormitory, the Person-in-charge shall conduct an inquiry to ascertain the presence of such articles and the persons responsible for such act;

(iii) the Person-in-charge shall furnish his report in this respect to the police and inform the Board or the Committee at the earliest;

(iv) the Board may initiate appropriate action upon such report or on the report forwarded by t

R.69 Institutional Management of Children

A.(1) Every child shall be received by the Person-in-charge of the Child Care Institution or such other official duly authorised by the Person-in-charge to receive a child, referred to as the Receiving Officer.

(2) The Receiving Officer shall satisfy himself as regards the identity of the child and in case of any doubt, the Receiving Officer shall promptly inform the Person-in-charge who shall forthwith inform the Board or the Committee and produce the child before the Board or the Committee without any delay.

B. Types of Stay at the Child Care Institution.—(1) In case of children in conflict with law, there are three types of stay of children at the Child Care Institution:

(i) protective custody;

(ii) overnight protective stay;

(iii) rehabilitation stay.

(2) In case of children in need of care and protection, there are two

R.70 Prohibited Articles

(1) No person shall bring into the Child Care Institution the following prohibited articles, namely:-

(i) intoxicants of any description, psychotropic substances, liquor, ganja, bhang, opium, smack etc;

(ii) all explosives, poisonous substances, acid and chemicals, whether fluid or solid of whatever description;

(iii) all arms, ammunition and weapons, knives and cutting implements of every kind and articles which are capable of being used as a weapon of whatever description;

(iv) all obscene matter;

(v) string, rope, chains and all materials which are capable of being converted into string or rope or chains, of whatever description;

(vi) wood, bamboo, club, stick, ladder, bricks, stones and earth of every description;

(vii) playing cards or other implements for gambling;

(viii)

R.71 Articles found on search and inspection

(1) The Person-in-charge shall ensure that every child received in the institution is searched, his personal belongings inspected and money or any valuables found with the child is kept in the safe custody of the Person-in-charge. In case of search of a female child, the search shall be carried out by female staff only. In every institution, a record of money, valuables and other articles found with a child shall be maintained in the "Personal Belongings Register" which shall contain a description of the articles.

(2) The entries made in the Personal Belongings Register, relating to each child, shall be read over to the child in the presence of a witness, whose signature shall be obtained in token of the correctness of such entries and it shall be countersigned by the Person-in-charge.


R.72 Disposal of articles

(1) The money or valuables belonging to a child shall be disposed of in the following manner, namely:

(i) on receipt of a child in an institution, the Person-in-charge shall deposit the money belonging to the child in the bank account of the child;

(ii) the valuables, and other articles, if any, shall be kept in safe custody;

(iii) when such child is transferred from one institution to another, all his money, valuables and other articles, shall be transferred along with the child to the Person-in-charge of the institution to which he has been transferred together with a full and correct statement of the description thereof;

(iv) at the time of release of such child, all valuables and other articles kept in safe custody and the money deposited in the name of the child shall be handed over to the parent or guardian, as the case may be, with an entry made in this behalf in th

R.73 Maintenance of case file

(1) The case file of each child maintained in the Child Care Institution in safe custody shall be confidential.

(2) The case file shall be produced before the Board or the Committee or the Children's Court on every date of production of the child for perusal of the Board or the Committee or the Children's Court.

(3) The case file shall contain the following namely:

(i) report of the person or agency who produced the child before the Board or Committee including the report of the police;

(ii) copy of FIR or DD entry in case of offense committed by or against the child;

(iii) photo ID, if available;

(iv) order of assignment of the Case Worker or Child Welfare Officer;

(v) case history form;

(vi) report of any urgent need of the child;

(vii) reports of the Per

R.74 Visits to and communication with children

(1) Every child in the Child Care Institution may be permitted to have one meeting in a week with his relatives:

Provided that in special cases, where parents or guardians have travelled a long distance from another State or District, the Person-in-charge may allow the parents or guardians entry into the premises and a meeting with their children on other days on confirmation of their identity and they being reported not to have been involved in subjecting the child to abuse and exploitation.

(2) A newly received child shall be permitted to meet his parent or guardian or family member on their first visit on any day.

(3) No meeting shall be permitted with the parent or guardian or relatives where such visitors have been found to be involved in subjecting the child to violence, abuse and exploitation or carrying any prohibited articles, except with the express permission granted by the Board or the

R.75 Death of a Child

(1) On the occurrence of any case of death or suicide of a child in a Child Care Institution, the procedure to be adopted shall be as under:

(i) The institution must ensure that an inquest and post-mortem examination is held at the earliest.

(ii) In case of natural death or death due to illness of a child, the Person-in-charge shall obtain a report of the Medical Officer stating the cause of death and a written intimation about the death shall be given immediately to the nearest Police Station, Board or Committee and the parents or guardians or relatives of the child.

(iii) Immediate information shall be given by the case-worker or Probation Officer or Child Welfare Officer to the Person-in-charge and the Medical Officer and the Person-in-charge shall immediately inform the nearest police station, Board or Committee and parents or guardians or relatives of the deceased child.

(1) Every institution shall evolve a system of ensuring that there is no abuse, neglect and maltreatment and shall include the staff who is aware of what constitutes abuse, neglect and maltreatment, and their early indication and how to respond to these abuses.

(2) In the event of any physical, sexual or emotional abuse, including neglect of children in an institution by those responsible for care and protection, the following action shall be taken namely:

(i) the incidents of abuse and exploitation shall be reported by any staff member of the institution immediately to the Person-in-charge on receiving such information;

(ii) when an allegation of physical, sexual or emotional abuse comes to the knowledge of the Person-in-charge, a report shall be placed before the Board or Committee, who in turn shall, order for special investigation;

(iii) the Board or Committee shall dir

R.77 Maintenance of Registers

77

(1) The persons mentioned in column (3) shall maintain registers and forms under the Act and the rules made thereunder in column (2) whose custodian shall be the persons mentioned in column (4) thereof as under:

Table

(1) All Child Care Institutions shall be open to visitors with the permission of the Board or the Committee or the Person-in-charge, who may allow voluntary organizations, social workers, researchers, doctors, academicians, and such other persons as the Management Committee may permit or consider appropriate keeping in view the security, welfare and the interest of the children.

(2) Where permission referred to in sub-rule(1) is given by the Person-in-charge, he shall make a monthly report of such permission including the orders received from the Board or the Committee to the State Child Protection Society and also to the Board or the Committee, as the case may be.

(3) The Person-in-charge of the Child Care institution shall encourage active involvement of the local community and corporates in improving the condition in the institution or support the child.

(4) The Person-in-charge shall maintain a

R.79 Release of a child from a Child Care Institution

(1) The Person-in-charge of the Child Care Institution shall maintain a roster of the cases of children to be released on the expiry of the period of stay as ordered by the Board or the Committee or the Children's Court.

(2) The timely information of the release of a child and of the exact date of release shall be given to the parent or guardian and the parent or guardian shall be called to the Child Care Institution to take charge of the child on that date and if necessary, the actual expenses of the parent's or guardian's journey both ways and of the child's journey from the Child Care Institution shall be paid to the parent or guardian by the Person-in-charge at the time of the release of the child.

(3) If the parent or guardian, as the case may be, fails to come and take charge of the child on the appointed date, the child shall be taken by the escort of the Child Care Institution; and in case of a girl, she shall be

R.80 80. Child suffering from disease requiring prolonged medical treatment in an approved place and transfer of a child who is mentally ill or addicted to alcohol or other drugs

(1) The Board or the Committee or the Children's Court may send the child to a fit facility for such period as may be certified by a medical officer or mental health expert or on the recommendation of the Person-in-charge or Probation Officer or Child Welfare Officer or Case Worker, as necessary for proper treatment of the child who is mentally ill or addicted to alcohol or drugs or any other substance which lead to behavioural changes in a person for the remainder of the term for which he has to stay.

(2) When the child is cured of the disease or physical or mental health problems, the Board or the Committee or the Children's Court may, order the child to be placed back in the care from where the child was removed for treatment and if the child no longer requires to be kept under further care, the Board or the Committee or the Children's Court may order him to be discharged.

(3) The State Government may set up separate I

R.81 Transfer of Child

(1) During the inquiry, if it is found that the child hails from a place outside the jurisdiction of the Board or the Committee, the Board or the Committee shall order the transfer of the child and send a copy of the order stating the reasons for and circumstances of such transfer to the State Government and District Child Protection Unit.

(2) The District Child Protection Unit shall accordingly:

(i) send the information of transfer to the appropriate Board or the Committee having jurisdiction over the area where the child is ordered to be transferred by the Board or Committee; and

(ii) send a copy of the information to the Person-in-charge of the institution where the child is to be placed for care and protection at the time of the transfer order.

(3) The child shall be escorted at Government expenses to the place or person as specified in the order and a traveling allowanc

R.82 Restoration and Follow-up

(1) The Board or the Committee or the Children's Court may make an order in Form 44 for the release of the child placed in a Child Care Institution after hearing the child and his parents or guardian, and after satisfying itself as to the identity of the persons claiming to be the parents or the guardian.

(2) While passing an order for restoration of the child, the Board or the Committee or the Children's Court shall take into account the reports of the Probation Officer, social worker or Child Welfare Officer or Case Worker or non-governmental organization, including report of a home study prepared on the direction of the Board or the Committee or the Children's Court in appropriate cases, and any other relevant document or report brought before the Board or the Committee or the Children's Court.

(3) The order of restoration shall include an individual care plan prepared by the Probation Officer or the social worker or t

R.83 Juvenile Justice Fund

(1) The State Government shall create a fund called the Juvenile Justice Fund for the welfare and rehabilitation of the children dealt with under the Act and the rules.

(2) The State Government shall make adequate budgetary allocations towards the Juvenile Justice Fund.

(3) The Juvenile Justice Fund may receive donations, voluntary contributions, subscriptions or funds under Corporate Social Responsibility, whether or not for any specific purpose, and shall be directly credited to the Juvenile Justice Fund.

(4) The Juvenile Justice Fund may be utilised by the State Government for the following purposes, namely:-

(i) establishment and administration of Child Care Institutions;

(ii) supporting innovative programmes for the welfare of the children in the Child Care Institutions;

(iii) strengthening of legal assistance and support;<

R.84 State Child Protection Society

(1) The State Child Protection Society shall perform the following functions namely:

(i) overseeing the implementation of the Act and the rules framed thereunder in the State and supervision and monitoring of agencies and institutions under the Act;

(ii) addressing road-blocks, issues, complaints received regarding care and protection of children;

(iii) ensure that all institutions set up under the Act and the rules are in place and performing their assigned duties;

(iv) reviewing reports received from various District Child Protection Units on the functioning of institutions in various districts and take action to facilitate the protection of children wherever necessary and monitoring the functioning of the District Child Protection Units;

(v) develop programmes for foster care, sponsorship and after-care;

(vi) inquire into,

R.85 District Child Protection Unit

(1) The District Child Protection Unit shall perform following functions, namely:

(i) maintain report of quarterly information sent by the Board about children in conflict with law produced before the Board and the quarterly report sent by the Committee;

(ii) arrange for individual or group counseling and community service for children;

(iii) conduct follow up of the individual care plan prepared on the direction of the Children's Court for children in the age group of sixteen to eighteen years found to be in conflict with law for committing heinous offense;

(iv) conduct review of the child placed in the place of safety every year and forward the report to the Children's Court;

(v) maintain a list of persons who can be engaged as monitoring authorities and send the list of such persons to the Children's Court along with bi-annual updates;

R.86 Special Juvenile Police Unit

(1) The State Government shall constitute a Special Juvenile Police Unit in each district and city to co-ordinate all functions of police related to children.

(2) The Central Government shall constitute a Special Juvenile Police Unit for the Railway Protection Force or Government Railway Police at every railway station as per requirement and where a Special Juvenile Police Unit cannot be set up, at least one Railway Protection Force or Government Railway Police Officer shall be designated as the Child Welfare Police Officer.

(3) The Child Welfare Police Officers and other police officers of the Special Juvenile Police Unit shall be given, appropriate training and orientation to deal with matters concerning children.

(4) The transfer and posting of the designated Child Welfare Police Officers may be within the Special Juvenile Police Units of other police stations or the district unit.

(1) The State Government shall constitute a Selection Committee for a period of three years by notification in the Official Gazette consisting of the following members, namely:

(i) a retired judge of High Court as the Chairperson to be appointed in consultation with the Chief Justice of the High Court concerned;

(ii) one representative from the Department implementing the Act not below the rank of Director as theex-officioMember Secretary;

(iii) two representatives from two different reputed non-governmental organizations respectively working in the area of child development or child protection for a minimum period of seven years but not running or managing any children's institution;

(iv) two representatives from academic bodies or Universities preferably from the faculty of social work, psychology, sociology, child development, health, education, law, and with special kn

R.88 Selection of Chairperson and Members of the Committee or Board

(1) The Member Secretary of the Selection Committee shall initiate the process of filling up a vacancy six months prior to the incumbent demitting office:

Provided that if a vacancy arises on account of resignation or death of the Chairperson of the Committee or a Member of the Board or Committee the Member Secretary of the Selection Committee shall immediately initiate the process for filling up such vacancy.

(2) For selection of members of the Board or Chairperson and members of the Committee, the State Government through the Member Secretary of the Selection Committee shall call for applications through public advertisement in the local and national newspapers and official website of the Department implementing the Act.

(3) The Member Secretary shall screen all the applications received and place the applications which fulfill the basic eligibility requirements before the Selection Committee.

R.89 Training of Personnel Dealing with Children

89

(1) The State Government shall provide for training of personnel appointed under the Act and the rules and each category of staff, keeping in view with their statutory responsibilities and specific jobs requirements.

(2) The training programme shall include:

(1) No child shall be denied the benefits of the Act and the rules made thereunder.

(2) The benefits referred to in sub-rule (1) shall be made available to all persons who were children at the time of the commission of the offense, even if they ceased to be children during the pendency of the inquiry or trial.

(3) While computing the period of detention or stay or sentence of a child in conflict with law, all such period which the child had already spent in custody, detention, stay or sentence of imprisonment shall be counted as a part of the period of stay or detention or sentence of imprisonment contained in the final order of the court or the Board.


R.91 Monitoring by National Commission for Protection of Child Rights and State Commissions for Protection of Child Rights

(1) In addition to the functions specified under the Commissions for Protection of Child Rights Act, 2005 (4 of 2006), the National Commission or the State Commissions may perform following functions in consultation with the Central and State Government, namely:

(i) review setting up of institutions created under the Act;

(ii) develop Information, Education and Communication (IEC) material on child rights and gender sensitivity;

(iii) develop protocols for reformation and rehabilitation of children;

(iv) create awareness about identification and reporting of crimes against children such as drug abuse, trafficking, child sexual abuse and exploitation including child marriage, and other aspects of violence against children;

(v) conduct sensitisation workshops for panchayati raj institutions and municipal corporations on crimes against children includi

R.92 Inquiry in case of a Missing Child

(1) A missing child is a child, whose whereabouts are not known to the parents, legal guardian or any other person or institution legally entrusted with the custody of the child, whatever may be the circumstances or causes of disappearance, and shall be considered missing and in need of care and protection until located or his safety and well-being established.

(2) When a complaint is received about a child who is missing, the police shall register a First Information Report forthwith.

(3) The police shall inform the Child Welfare Police Officer and forward the FIR to the Special Juvenile Police Unit for immediate action for tracing the child.

(4) The police shall:

(i) collect a recent photograph of the missing child and make copies for District Missing Persons Unit, Missing Persons Squad, National Crime Records Bureau/ Media etc.;

(ii) fill the form o

R.93 Non-Compliance of the Act and the Rules

Any officer/institution, statutory body etc., who fails to comply with the provisions of the Act and the Rules framed thereunder, the State Government may take action against such officer/ institution, statutory body etc. after due inquiry and simultaneously make alternative arrangements for discharge of functions for effective implementation of the Act.


R.94 Repeal

The Juvenile Justice (Care and Protection of Children) Rules, 2007 notified vide G.S.R. 679(E) dated 26thOctober, 2007 and as amended vide GSR 903(E) dated 26thDecember 2011,are hereby repealed:

Provided that any action taken or order issued under the provisions of the Rules of 2007 prior to the notification of these rules shall, in so far it is not inconsistent with the provisions of these rules, be deemed to have been taken or issued under the provisions of these rules.


Form.1 .

New Page 38

[Rules 8 (1), 8 (5)]

Social Background Report

FIR/ DD No.            ...........................

Form.2 .

[Rule 8 (7)]

Undertaking by the parent or guardian or fit person given interim custody pending inquiry

Whereas I, ............... (Name) resident of House no. ....... Street ............ Village/ Town ............................ District .................... State ................. do hereby declare that I am willing to take charge of (name of the child) .......................... aged ................ under the orders of the Board ......................... subject to the following terms and conditions:

1. That I have annexed true, correct and authentic identification and address proof of myself.

2. That I undertake to produce him/ her before the Board as and when required.

3. That I shall do my best for the welfare and education of the child as long as he/ she remains in my charge and shall make proper provision for his/her maintenance.

Form.3 .

[Rule 10 (1)(iii)]

Supervision Order

When the child is placed under the care of a fit person/ fit institution/ Probation Officer pending inquiry FIR/DD No. ............ of............ 20 .......... PS ...............

Whereas ...................... (name of the child) is alleged to have committed an offense and is placed under the care of (Name) ................................... (address) ......................................... on executing a bond by the said ........................................ and the Board is satisfied that it is expedient to deal with the said child by making an order placing him/ her under supervision.

It is hereby ordered that the said child be placed under the supervision of .............................. for a period of ............... subject to the following conditions:

1. That the child shall reside at ..

Form.4 .

[Rule 10 (1)(iv)]

Order of placing a child in child care institution pending inquiry

To

The Officer in charge

Whereas on the ............ day of .............. 20.................... (Name of the child), son/ daughter of........................aged...........,residing at ....................................... alleged to be involved in FIR/DD No. ..................... PS ........................is ordered by the Juvenile Justice Board to be kept in the Child Care Institution (Observation Home/ Place of Safety) namely ............ for a period of ..........................

This is to authorize and require you to receive the said child into your charge, and to keep him in the Child Care Institution (Observation Home/ Place of Safety)...................................... and to produce the child as and when directed by the Board

Form.5 .

[Rule 10 (2)]

Order for Social Investigation Report

FIR No. ...................................

U/Sections ................................

Police Station ...........................................

To,

Probation Officer/ Person in-charge of Voluntary or Non-Governmental Organization.

Whereas ..................(Name of the Child), son/ daughter of ................... age ..........residing at ....................................., has been produced before the Board.

You are hereby directed to enquire into the social antecedents, family background and circumstances of the alleged offense by the said child and submit your social investigation report on or before ................... or within such time as allowed to you by the Board.

You are also hereby

Form.6 .

New Page 33

[Rules 10 (9), 11 (2), 64(1), 64(3)(i)]

Social Investigation Report

For Children In Conflict With Law

New Page 32

[Rules 11(3), 13(7)(vi), 13(8)(ii), 19(4), 19(17), 62(6)(vii), 62(6)(x), 69 I(3)]

Individual Care Plan

Child in Conflict with Law/ Child in Need of Care a

Form.8 .

[Rule 11(6)]

Undertaking/ Bond to be executed by a parent/ Guardian/ Fit person in whose care A child in conflict with law is placed

Whereas I, ......................... being the parent, guardian, relative or fit person under whose care ............................. (name of the child) has been ordered to be placed by the Juvenile Justice Board .............................. having been directed by the said Board to execute an undertaking/ bond with surety in the sum of Rs. ........../- (Rupees ..........................................) or without surety, I hereby bind myself to be responsible for the good behavior and well-being of the said ...................... and to observe the following conditions for a period of ..................... years with effect from .................................

1. That I shall not change my place of residence without giving previous intimation in writing

Form.9 .

[Rules 11(7)]

Personal Bond by Child

Whereas I, ........................ inhabitant of .......................... (give full particulars such as house number, road, village/ town, tehsil, district, state) have been ordered to be sent back/restored by the Juvenile Justice Board ....................... under section ........... of the Juvenile Justice (Care and Protection of Children) Act, 2015 on my entering into a personal bond to observe the conditions mentioned herein below. Now, therefore, I do solemnly promise to abide by these conditions during the period .................................

I hereby bind myself as follows:

1. That during the period.............. I shall not ordinarily leave the village/town/district to which I am sent and shall not ordinarily return to.........................or go anywhere else beyond the said district without the prior perm

Form.10 .

New Page 29

[Rules 11(9) and 64 (3) (xiii)]

Periodic report by probation officer when a Child is released on probation

FIR No. ............... Police Station

Form.11 .

New Page 28

[Rule 12(1)]

Case Monitoring Sheet

(Separate Sheet may be used in case there are more than one child)

New Page 27

[Rule 12(2)]

Quarterly Report by Juvenile Justice Board

District

Quarterly Repo

Form.13 .

New Page 26

[Rules 13(8)(iv)]

Periodic Review of a child in place of safety

New Page 25

[Rules 7 (1) (ii), 13(8)(iv)(C) (cd), 17(vi), 19(20), 65(3)(viii), 69E(2), 69 I (4), 69J(1), 69J(3)]

Rehabilitation Card

FIR No./ Case No.

Form.15 .

[Rule 17 (1)(i)]

Case Summary Maintained by the Child Welfare Committee

Case No. ................................

In Re .........................................

Case Record ..........................

1. Name of the child ..............................................................

2. Father's/ Mother's/ Guardian's name (if available) ......................

3. Date of production of the child .............................................

4. Name of person producing the child ....................................

5. A list of all follow up dates (of the child, before the Committee) .....................

6. Orders passed by the CWC (tick as applicable)

(i) Declaration that child is in need of care and protection

Form.16 .

New Page 23

[Rules 17(1)(v), 20(2)]

Quarterly Report by Child Welfare Committee

District

Qu

Form.17 .

[Rules 18(2), 19(25)]

Report to be Submitted at time of Production

Of Child before the Committee

Case No. ...........................

Produced before the Child Welfare Committee ..............................................

Date of production ........................... Time of production ..........................

Place of production .......................................

1. Details of person who is producing the child:

(i) Name of the person ...............................

(ii) Age .............................

(iii) Sex ..............................

(iv) Address .....................

(v) Contact number .....................

(vi) Occupation/ design

Form.18 .

[Rules 18 (5), 18 (9) and 19 (26)]

Order of Placement of a Child in an Institution

(Children's Home/ Fit Facility/ SAA)

Case No. ...................................

To,

The Officer-in-Charge,

Whereas on the .......................day of ................20 ............. (name of the child) ........................., son/ daughter of ................... aged ...........residing at ...................... being in care and protection under the Juvenile Justice (Care and Protection) Act 2015 is ordered by the Child Welfare Committee ....................., to be kept in the Children's Home/SAA/Fit Facility..........................for a period of .....................

This is to authorize and require you to receive the said child in your charge, and to keep him/her in the Children's Home/ Fit Facility /SAA..

Form.19 .

[Rule 18(8)]

Order for Placement of Child under the Care of a Parent, Guardian Or Fit Person Pending Inquiry

Case No. ....... of ................... 20 ...........................

In Re .....................

Whereas (name of the child) ........................ has on ................(date) been found to be in need of care and protection, and is placed under the care and supervision of (name).......................... (address).......................on executing a bond by the said ....................... and the Committee is satisfied that it is expedient to deal with the said child by making an order placing him/her under supervision.

Reason for the child being produced before the CWC ..........................................

..................................................................................................

Form.20 .

[Rule 18(8) and 19 (7)]

Undertaking by the Parent or Guardian or 'Fit Person'

I .........................resident of House no. ................. Street ................. Village/Town ............. District .................. State .................... do hereby declare that I am willing to take charge of (name of the child) ................. Aged ....... under the orders of the Child Welfare Committee ...................... subject to the following terms and conditions:

1. If his conduct is unsatisfactory I shall at once inform the Committee.

2. I shall do my best for the welfare and education of the said child as long as he remains in my charge and shall make proper provision for his maintenance.

3. In the event of his/her illness, he shall have proper medical attention in the nearest hospital.

4. I agree to adhere

Form.21 .

[Rule 19(3)]

Order for Social Investigation Report of Child in Need of Care and Protection

To

Child Welfare Officer/ Social Worker/Case Worker/ Person in-charge of Home/ representative of Non-Governmental Organization

Whereas a report under section 31 (2) of the Juvenile Justice (Care and Protection of Children) Act, 2015 has been received from ...................... in respect of (name of the child) ..............., aged (approximate) ........., son/daughter of .............................. residing at ........................, who has been produced before the Committee under section 31 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

You are hereby directed to conduct Social Investigation as per Form 22 for the above child. You are directed to enquire into socio economic and family background of the said child.

<

Form.22 .

New Page 17

[Rule 19(8)]

Social Investigation Report for Child in Need of Care and Protection

Sl. No. ...........................

[Rule 19(22)]

Application for Surrender of Child

Date ..........

To

Child Welfare Committee,

District ...................

I/ We .................. (name of the applicant/s) ................ (relation with the child) of ................... (name of the child), aged about .......... years, intend to surrender.......................name of child) before this Child Welfare Committee as ................................................................(reason/s for surrender).

I/ we am/ are fully conscious and making this application before this Child Welfare Committee. I have not been forced or unduly influenced by any one to take this decision of surrendering ......................... (name of child). I shall have no objection if the child is given in adoption. I am fully aware of the consequences

Form.24 .

[Rule 19(22)]

Deed of Surrender

Declaration by Person surrendering the child or children

Case No. .............

In Re ......................

I/ We, the undersigned .................. Family name/First name(s) ......... residing at, surrender the child (named) .......... Aged ......... having date of birth ..................... for the reason:........................

(ii) I/ we are surrendering my/our child or children on our own and without any coercion, compulsion, threat, payment, consideration, compensation of any kind;

(iii) I/ we have been counselled and informed about the implication that I/we can withdraw our consent until 60th day of this surrender deed after which my/our consent will be irrevocable and I/we shall have no claim over the child or children.

(iv) I/

Form.25 .

[Rule 19(29)]

Certificate Declaring the Child Legally Free for Adoption

1. In exercise of the powers vested in the Child Welfare Committee ......................under section 38 of the Juvenile Justice (Care and Protection of Children) Act, 2015, child ............... date of birth ............... placed in the care of the Specialized Adoption Agency/ Child Care Institution (name & address) vide order no. ............... dated ......................... of this Committee, is hereby declared legally free for adoption on the basis of the following:

• Inquiry report of the Probation Officer/ Child Welfare Officer/ Social Worker/ Case Worker/any other (as the case may be);

• Deed of surrender executed by the biological parent(s) or the legal guardian of the child before this Committee on (date);

• Declaration submitted by District Child Prot

Form.26 .

New Page 13

[Rule 20(1)]

Case Monitoring Sheet for Committee

Case Monitoring Sheet

New Page 12

[Rule 21(2) and 22 (2)]

Application for Registration of Child Care Institution under the Juvenile Justice

(Care and Protection of Children) Act, 2015<

Form.28 .

[Rule 21(3) and 22 (4)]

Certificate of Registration

(Under Section 41 The JJ Act)

After perusal of the documents submitted as per Form 27 is granted registration No.............as a Child Care Institution under Section 41(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015 with effect from..... for a period of ....years.

The Institution which has the capacity of ............. Children shall remain bound to follow the Juvenile Justice (Care and Protection of Children) Act, 2015, the Juvenile Justice (Care and Protection of Children) Rules, 2016 and regulations framed by the Central/ State Government from time to time.

Dated this ................. day of ................. 20 ........................

(Signature)

Seal

Name and Designati

Form.29 .

New Page 10

[Rule 22(9)]

Monthly Report submitted by open shelter to DCPU

1. Name of the Open Shelter .....................

Form.30 .

New Page 9

[Rule 23(9)]

Home Study Report for Prospective Foster Parents

Date of Registration-

Form.31 .

New Page 8

[Rule 23(4)]

Child Study Report

[Rule 23 (15)]

Order of Foster Care Placement with a Family

Or

Group Foster Care

The child (name and address) ..................... approximate age ......... d/o or s/o Mr. .................... and Mrs. ........................ is in need of care and protection of a family. Mr. .................... and Mrs. .............. resident of (complete address and contact numbers) ................................................... are declared fit for foster-care placement of the child after considering the Individual Care Plan, Child Study Report and Home Study Report.

OR

Child Care Institution (Name and address) .............................. is declared fit for foster-care placement of the child after considering the Individual Care Plan and Child Study Report. The child (name) ................................... is placed in fo

Form.33 .

New Page 6

[Rule 23(16)]

Undertaking By The Foster Family/ Group Foster Care Organization

I/ We ..................... resident(s) of House no. ......... Street .....

Form.34 .

[Rule 23(17)]

Record of a Child in Foster Care

a) Case no. ........

b) Name of the Child ............................

c) Age ............................................

d) Gender ...................................................

e) Name and address of the Child Care Institution, if any from where the child has been given for foster care ..........................

f) Individual Care Plan

g) Any other source of referral .............................

h) Details of the child placed in foster care including Photograph of the child, foster care giver/ parent, biological parents, if available.............................

i) Details of the placement - individual or group including date and period of placement

j) Hom

Form.35 .

New Page 4

[Rule 23(18)]

Monthly Inspection of Foster Families/ Group Foster Care

(Fill as applicable)

[Rule 25(2)]

Order of After Care Placement

The child (name) ................... d/o or s/o ..................... has/ will be completing 18 years of age on (date) ...................... She/ he is still in need of care and protection for the purpose of rehabilitation and reintegration and specifically for ........ (specify the purpose). She/he is placed in (name of organization) ................ for providing aftercare. The In-charge of the Organization is directed to admit the child and provide all possible opportunities for her/ his rehabilitation and reintegration in its truest sense. The person shall be provided all these opportunities maximum till the age of 21 years only or till reintegration in the society, whichever is earlier. The in-charge will send half yearly report on the status of the child/ youth to the Child Welfare Committee.

The State/ District Child Protection Unit is hereby direc

Form.38 .

New Page 2

[Rule 27(2)]

Application for Fit Facility including Group Foster Care

Form.39 .

[Rule 27(4)]

Certificate of Recognition of Fit Facility Including Group Foster Care

After perusal of the documents and on the basis of an inspection of the Institution conducted on....... the........................ (Name of the Institution) is recognized as a Fit Facility under Section 51 of the Juvenile Justice (Care and Protection of Children) Act, 2015 with effect from..... for a period of .....years.

The Facility shall remain bound to follow the Juvenile Justice (Care and Protection of Children) Act, 2015, the Juvenile Justice (Care and Protection of Children) Rules, 2016 and regulations framed by the appropriate Government from time to time.

The Facility shall remain bound to comply with the orders passed by the Juvenile Justice

Board or the Child Welfare Committee from time to time.

Dated this........................day of

Form.40 .

New Page 110

[Rule 61(3)(xii)]

List of Children submitted by CCI to Board or Committee Weekly

Details of the Child Care Institution:


Form.41 .

[Rule 69 (C) (1)]

Protective Custody Card

1. Name of the child :

2. Age of the child :

3. Mother's Name :

4. Father's Name :

5. Address of parent/guardians :

6. Date of receiving by Organization/Institution :

7. Name & contact details of the person producing child :

8. Date of Inquiry :

This is to authorize and direct you to receive the above named child in your Child Care Institution and keep her/him in your charge for protective custody under the J.J. Act, 2015.

And to produce the child on ......

Next Date of hearing .................

(Signature)

Principal Magistrate/ Member,

Juvenile Justice Board


Form.42 .

New Page 108

[Rules 69 (D) (4)]

Overnight Protective Stay

Whereas (name of the child) ..................................has this day been apprehended/ found to be in

Form.43 .

New Page 107

[Rule 69 (H) (3)]

Case History of the Child

(For Child Care Institution)

Form.44 .

[Rule 82 (1)]

Release cum Restoration Order

(Name of the Child)...................son/ daughter of........................... residence....................... Case No./ Profile Number.................... who was ordered to be placed in an observation home/place of safety/ special home/Children's Home/ by the Juvenile Justice Board/ Children's Court/ Child Welfare Committee ......................under section................. of the Juvenile Justice (Care and Protection of Children) Act 2015, for a term of.................. on the ....................day of.................20................and who is now in the ...................... Institution, at.......................is directed to be released from the said.........Institution and supervision and the authority of................. during the remaining period of stay as................................reason for discharge).

This order is granted s

Form.45 .

[Rules 82(4)]

Escort Order

Case No. ...............

In the matter of Boy/Girl Child

.....................................

Aged about............year taken

The Parents of the boy/girl child are reported to be residing at.............................

He/She therefore be sent under supervision of a proper police/ recognized non governmental organization escort to the......................................................

For tracing and for handing over to the parents or close relatives of the said Boy Child/Girl Child residing at the aforesaid address or at other Place which may be shown by the Child, if no such parents or relative are traced or if traced but they are unwilling to take charge of the boy/girl be kept in the custody of the Superintendent....................................

Form.46 .

New Page 104

[Rule 41(3) and 41 (9)]

Inspection by Inspection Committee

(Fill as applicable)

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