Juvenile Justice Model Rules 2016

Juvenile Justice Model Rules 2016 are notified on 21.09.2016 by Govt of India as follow :-

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

NOTIFICATION NO. GSR 898(E) [F.NO.1-2/2016-CW-II], DATED 21-9-2016

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:-

CHAPTER – I

PRELIMINARY

Short title and commencement

1. (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.

Definitions

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

(2) All words and expressions defined in the Act and used, but not defined in these rules, shall have the same meaning as assigned to them in the Act.

CHAPTER – II

JUVENILE JUSTICE BOARD

Board

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

Composition of the Board

4. (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 the Board including the Principal Magistrate, shall be given induction training and sensitisation within a period of sixty days from the date of appointment.

Term of Members of the Board

5. (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.

Sittings of the Board

6. (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 Board shall use child friendly techniques through its conduct and shall adopt a child friendly attitude with regard to body language, facial expression, eye contact, intonation and volume of voice while addressing the child.

(6) The Board shall not sit on a raised platform and there shall be no barriers, such as witness boxes or bars between the Board and the child.

(7) The Board shall sit on all working days for a minimum of six hours commensurate with the working hours of a Magistrate Court, unless the case pendency is less in a particular district and the State Government issues an order in this regard, or the State Government may, by notification in the Official Gazette constitute more than one Board in a district after giving due consideration to the pendency of the cases, area or terrain of the district, population density or any other consideration.

(8) When the Board is not sitting, a child in conflict with law may be produced before an individual member of the Board. For the said purpose, one member of the Board shall always be available or accessible to take cognizance of any matter of emergency and necessary directions required to deal with the emergency situation shall be given by such member to the Special Juvenile Police Unit or the local police of the district. The Principal Magistrate shall draw up a monthly duty roster of the members who shall be so available and accessible every day, including on Sundays and holidays. The roster shall be circulated in advance to all the police stations, the Chief Judicial Magistrate/ Chief Metropolitan Magistrate, the District Judge, the District Magistrate, the Committees, the District Child Protection Unit and the Special Juvenile Police Unit.

(9) The social worker members of the Board shall be paid not less than Rs. 1500/- per sitting which shall include sitting allowance, travel allowance and any other allowance, as the State Government may prescribe.

(10) The Board shall be provided infrastructure and staff by the State Government.

Functions of the Board

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

CHAPTER III

PROCEDURE IN RELATION TO CHILDREN IN CONFLICT WITH LAW

Pre-Production action of Police and other Agencies

8. (1) No First Information Report shall be registered except where a heinous offence is alleged to have been committed by the child, or when such offence 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 offence alleged to have been committed by the child in the general daily diary followed by a social background report of the child in Form 1 and 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 offences, unless it is in the best interest of the child. For all other cases involving petty and serious offences and cases where apprehending the child is not necessary in the interest of the child, the police or Special Juvenile Police Unit or Child Welfare Police Officer shall forward the information regarding the nature of offence alleged to be committed by the child along with his social background report inForm 1 to the Board and intimate the parents or guardian of the child as to when the child is to be produced for hearing before the Board.

(2) When a child alleged to be in conflict with law is apprehended by the police, the police officer concerned shall place the child under the charge of the Special Juvenile Police Unit or the Child Welfare Police Officer, who shall immediately inform:

(3) The police officer apprehending a child alleged to be in conflict with law shall:

(4) The Child Welfare Police Officer shall be in plain clothes and not in uniform.

(5) The Child Welfare Police Officer shall record the social background of the child and circumstances of apprehending in every case of alleged involvement of the child in an offence in Form 1 which shall be forwarded to the Board forthwith. For gathering the best available information, it shall be necessary upon the Special Juvenile Police Unit or the Child Welfare Police Officer to contact the parent or guardian of the child.

(6) A list of all designated Child Welfare Police Officers, Child Welfare Officers, Probation Officers, Para Legal Volunteers, District Legal Services Authorities and registered voluntary and non-governmental organisations in a district, Principal Magistrate and members of the Board, members of Special Juvenile Police Unit and Childline Services with contact details shall be prominently displayed in every police station.

(7) When the child is released in a case where apprehending of the child is not warranted, the parents or guardians or a fit person in whose custody the child alleged to be in conflict with law is placed in the best interest of the child, shall furnish an undertaking on a non-judicial paper in Form 2 to ensure their presence on the dates during inquiry or proceedings before the Board.

(8) The State Government shall maintain a panel of voluntary or non-governmental organisations or persons who are in a position to provide the services of probation, counselling, case work and also associate with the Police or Special Juvenile Police Unit or the Child Welfare Police Officer, and have the requisite expertise to assist in physical production of the child before the Board within twenty-four hours and during pendency of the proceedings and the panel of such voluntary or non-governmental organisations or persons shall be forwarded to the Board.

(9) The State Government shall provide funds to the police or Special Juvenile Police Unit or the Child Welfare Police Officer or Case Worker or person for the safety and protection of children and provision of food and basic amenities including travel cost and emergency medical care to the child apprehended or kept under their charge during the period such children are with them.

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

9. (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 purpose which shall have the capacity to provide appropriate protection, and consider transferring the child out of the district or out of the State to another State for the protection and safety of the child.

(4) Where the child alleged to be in conflict with law has not been apprehended and the information in this regard is forwarded by the police or Special Juvenile Police Unit or Child Welfare Police Officer to the Board, the Board shall require the child to appear before it at the earliest so that measures for rehabilitation, where necessary, can be initiated, though the final report may be filed subsequently.

(5) In case the Board is not sitting, the child alleged to be in conflict with law shall be produced before a single member of the Board under sub-section (2) of section 7 of the Act.

(6) In case the child alleged to be in conflict with law cannot be produced before the Board or even a single member of the Board due to child being apprehended during odd hours or distance, the child shall be kept by the Child Welfare Police Officer in the Observation Home in accordance with rule 69 D of these rules or in a fit facility and the child shall be produced before the Board thereafter, within twenty-four hours of apprehending the child.

(7) When a child is produced before an individual member of the Board, and an order is obtained, such order shall be ratified by the Board in its next meeting.

Post-production processes by the Board

10. (1) On production of the child before the Board, the report containing the social background of the child, circumstances of apprehending the child and offence 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:

(2) In all cases of release pending inquiry, the Board shall notify the next date of hearing, not later than fifteen days of the first summary inquiry and also seek social investigation report from the Probation Officer, or in case a Probation Officer is not available the Child Welfare Officer or social worker concerned through an order in Form 5.

(3) When the child alleged to be in conflict with law, after being admitted to bail, fails to appear before the Board, on the date fixed for hearing, and no application is moved for exemption on his behalf or there is not sufficient reason for granting him exemption, the Board shall, issue to the Child Welfare Police Officer and the Person-in-charge of the Police Station directions for the production of the child.

(4) If the Child Welfare Police Officer fails to produce the child before the Board even after the issuance of the directions for production of the child, the Board shall instead of issuing process under section 82 of the Code of Criminal Procedure, 1973 pass orders as appropriate under section 26 of the Act.

(5) In cases of heinous offences alleged to have been committed by a child, who has completed the age of sixteen years, the Child Welfare Police Officer shall produce the statement of witnesses recorded by him and other documents prepared during the course of investigation within a period of one month from the date of first production of the child before the Board, a copy of which shall also be given to the child or parent or guardian of the child.

(6) In cases of petty or serious offences, the final report shall be filed before the Board at the earliest and in any case not beyond the period of two months from the date of information to the police, except in those cases where it was not reasonably known that the person involved in the offence was a child, in which case extension of time may be granted by the Board for filing the final report.

(7) When witnesses are produced for examination in an inquiry relating to a child alleged to be in conflict with law, the Board shall ensure that the inquiry is not conducted in the spirit of strict adversarial proceedings and it shall use the powers conferred by section 165 of the Indian Evidence Act, 1872 (1 of 1872) so as to interrogate the child and proceed with the presumptions in favour of the child.

(8) While examining a child alleged to be in conflict with law and recording his statement during the inquiry under section 14 of the Act, the Board shall address the child in a child-friendly manner in order to put the child at ease and to encourage him to state the facts and circumstances without any fear, not only in respect of the offence which has been alleged against the child, but also in respect of the home and social surroundings, and the influence or the offences to which the child might have been subjected to.

(9) The Board shall take into account the report containing circumstances of apprehending the child and the offence alleged to have been committed by him and the social investigation report in Form 6 prepared by the Probation Officer or the voluntary or non- governmental organisation, along with the evidence produced by the parties for arriving at a conclusion.

Preliminary assessment into heinous offences by Board

10 A. (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 offences, 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 copy of the order shall be provided to the child forthwith.

Completion of Inquiry

11. (1) Where after preliminary assessment under section 15 of the Act, in cases of heinous offences 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 in Form 6 prepared 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 in Form 7 for the child in conflict with law concerned, prepared by a Probation Officer or Child Welfare Officer or a recognised voluntary organisation 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 himself nor in the interest of other children to keep a child in the special home, the Board may order the child to be kept in a place of safety and in a manner considered appropriate by it.

(5) Where the Board decides to release the child after advice or admonition or after participation in group counselling or orders him to perform community service, necessary direction may also be issued by the Board to the District Child Protection Unit for arranging such counselling and community service.

(6) Where the Board decides to release the child in conflict with law on probation and place him under the care of the parent or the guardian or fit person, the person in whose custody the child is released may be required to submit a written undertaking in Form 8 for good behaviour and well-being of the child for a maximum period of three years.

(7) The Board may order the release of a child in conflict with law on execution of a personal bond without surety in Form 9.

(8) In the event of placement of the child in a fit facility or special home, the Board shall consider that the fit facility or special home is located nearest to the place of residence of the child’s parent or guardian, except where it is not in the best interest of the child to do so.

(9) The Board, where it releases a child on probation and places him under the care of parent or guardian or fit person or where the child is released on probation and placed under the care of fit facility, it may also order that the child be placed under the supervision of a Probation Officer who shall submit periodic reports in Form 10 and the period of such supervision shall be maximum of three years.

(10) Where it appears to the Board that the child has not complied with the probation conditions, it may order the child to be produced before it and may send the child to a special home or place of safety for the remaining period of supervision.

(11) In no case, the period of stay in the special home or the place of safety shall exceed the maximum period provided in clause (g) of sub-section (1) of section 18 of the Act.

Pendency of Inquiry

12. (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 in Form 11. 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 in Form 11 is concerned:

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

(3) The District Judge shall conduct an inspection of the Board once every quarter and appraise the performance of the members of the Board on the basis of their participation in the proceedings of the Board and submit a report to the Selection Committee constituted under rule 87 of these rules.

Procedure in relation to Children’s Court and Monitoring Authorities

13. (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 (2) of section 101 of the Act is disposed of by the Children’s Court on a finding that the child should be tried as an adult the Children’s Court shall call for the file of the case from the Board and dispose of the matter as per the provisions of the Act and these rules.

(6) The Children’s Court shall record its reasons while arriving at a conclusion whether the child is to be treated as an adult or as a child.

(7) Where the Children’s Court decides that there is no need for trial of the child as an adult, and that it shall decide the matter itself:

(8) Where the Children’s Court decides that there is a need for trial of the child as an adult:

Destruction of records

14. 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 offence 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.

CHAPTER IV

CHILD WELFARE COMMITTEE

Composition and Qualifications of Members of the Committee

15. (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 under rule 87 of 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 mandatorily be given training under rule 89 within a period of sixty days from the date of appointment.

(6) The Chairperson and the members may resign at any time by giving one month’s notice in writing to the State Government.

Rules and Procedures of Committee

16. (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.

(6) At least one member of the Committee shall always be available or accessible to take cognizance of any matter of emergency and issue necessary directions to the Special Juvenile Police Unit or local police of the district. For this purpose the Chairperson of the Committee shall draw up a monthly duty roster of the Committee members who shall be available and accessible every day, including on Sundays and holidays. The roster shall be circulated in advance to all the police stations, the Chief Judicial Magistrate/Chief Metropolitan Magistrate, the District Judge, the District Magistrate, the Board, the District Child Protection Unit and the Special Juvenile Police Unit.

(7) The Committee shall sit on all working days for a minimum of six hours commensurate with the working hours of a magistrate court, unless the case pendency is less in a particular district and the State Government concerned issues an order in this regard:

Provided that the State Government may, by notification in the Official Gazette constitute more than one Committee in a district after giving due consideration to the pendency of the cases, area or terrain of the district, population density or any other consideration.

(8) On receiving information about a child or children in need of care and protection, who cannot be produced before the Committee, the Committee shall reach out to the child or children and hold its sitting at a place that is convenient for such child or children.

(9) While communicating with the child, the Committee members shall use child friendly techniques through their conduct.

(10) The Committee 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 Committee to interact with the child face to face.

(11) The Committee shall not sit on a raised platform and there shall be no barriers, such as witness boxes or bars between the Committee and the children

(12) The Committee shall be provided infrastructure and staff by the State Government.

Additional Functions and Responsibilities of the Committee

17. 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:

CHAPTER V

PROCEDURE IN RELATION TO CHILDREN IN NEED OF CARE AND PROTECTION

Production before the Committee

18. (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 in Form 17 containing 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 organisation 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 with a medical certificate to that effect.

(4) The Committee after interaction with the child may issue directions for placing the child with the parent or guardian or Children’s Home, where such Home is available in the vicinity of the Committee before which the child is produced, and in the absence of such Home, to direct the placing of the child in safe custody of a fit person or a fit facility.

(5) The Committee or the member on duty shall issue the order for placing the child in Children’s Home in Form 18.

(6) The Committee or the member on duty shall order immediate medical examination of the child produced before the Committee or the member on duty, if such examination is needed.

(7) In the case of abandoned or lost or orphaned child, the Committee, before passing an order granting interim custody of the child pending inquiry, shall see that, the information regarding such child is uploaded on a designated portal.

(8) The Committee may, while making an order in Form 19 for placing a child under the care of a parent, guardian or fit person, pending inquiry or at the time of restoration, as the case may be, direct such parent, guardian or fit person to enter into an undertaking in Form 20.

(9) Whenever the Committee orders a child to be kept in an institution, it shall forward to the Person-in-charge of such institution, a copy of the order of short term placement pending inquiry in Form 18 with particulars of the Child Care Institution and parents or guardian and previous record. A copy of such order shall also be forwarded to the District Child Protection Unit.

Procedure for inquiry

19. (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 organisation for conducting the social investigation under sub-section (2) of section 36 of the Act through an order in Form 21.

(4) The Committee shall direct the person or organisation concerned to develop an individual care plan in Form 7 including a suitable rehabilitation plan. The individual care plan prepared for every child in the institutional care shall be developed with the ultimate aim of the child being rehabilitated and re-integrated based on the case history, circumstances and individual needs of the child.

(5) The inquiry shall satisfy the basic principles of natural justice and shall ensure the informed participation of the child and the parent or guardian. The child shall be given an opportunity to be heard and his opinion shall be taken into consideration with due regard to his age and level of maturity. The orders of the Committee shall be in writing and contain reasons.

(6) The Committee shall interview the child sensitively and in a child friendly manner and will not use adversarial or accusatory words or words that adversely impact the dignity or self-esteem of the child.

(7) The Committee shall satisfy itself through documents and verification reports, before releasing or restoring the child, as per Form 19, in the best interest of the child.

(8) The social investigation conducted by a social worker or Case Worker or Child Welfare Officer of the institution or any non-governmental organisation shall be as per Form 22 and must provide an assessment of the family situation of the child in detail, and explain in writing whether it will be in the best interest of the child to restore him to his family.

(9) Before the Committee releases or restores the child, both the child as well as the parents or guardians may be referred to the Counsellor.

(10) The Committee shall maintain proper records of the children produced before it including medical reports, social investigation report, any other report(s) and orders passed by the Committee in regard to the child.

(11) In all cases pending inquiry, the Committee shall notify the next date of appearance of the child not later than fifteen days of the previous date and also seek periodic status report from the social worker or Case Worker or Child Welfare Officer conducting investigation on each such date.

(12) In all cases pending inquiry, the Committee shall direct the person or institution with whom the child is placed to take steps for rehabilitation of the child including education, vocational training, etc., from the date of first production of the child itself.

(13) Any decision taken by an individual member, when the Committee is not sitting, shall be ratified by the Committee in its next sitting.

(14) At the time of final disposal of a case, there shall be at least three members present including the Chairperson, and in the absence of Chairperson, a member so nominated by the Chairperson to act as such.

(15) The Committee shall function cohesively as a single body and as such shall not form any sub committees.

(16) Where a child has to be sent or repatriated to another district or state or country the Committee shall direct the District Child Protection Unit to take necessary permission as may be required, such as approaching the Foreigners Regional Registration Offices and Ministry of External Affairs for a no-objection certificate, contacting the counterpart Committee, or any other voluntary organisation in the other district or state or country where the child is to be sent.

(17) At the time of final disposal of the case, the Committee shall incorporate in the order of disposal, an individual care plan in Form 7 of such child prepared by the social worker or Case Worker or Child Welfare Officer of the institution or any non-governmental organisation, as the case may be.

(18) While finally disposing of the case, the Committee shall give a date for follow-up of the child not later than one month from the date of disposal of the case and thereafter once every month for the period of first six months and thereafter every three months for a minimum of one year or till such time as the Committee deems fit.

(19) Where the child belongs to a different district, the Committee shall forward the age declaration, case file and the individual care plan to the Committee of the district concerned which shall likewise follow-up the individual care plan as if it had passed such disposal order.

(20) The individual care plan shall be monitored by means of a rehabilitation card in Form 14 issued for the purpose by the Committee passing the disposal order and which shall form part of the record of the Committee which follow up the implementation of the individual care plan. Such rehabilitation card shall be maintained by the Rehabilitation- cum -Placement Officer.

(21) All orders passed by the Committee in respect of a child in need of care and protection shall also be uploaded on the designated portal with due regard to the confidentiality and privacy of the child.

(22) When a parent or guardian, wishes to surrender a child under sub-section (1) of section 35 of the Act, such parent or guardian shall make an application to the Committee in Form 23. Where such parent or guardian is unable to make an application due to illiteracy or any other reason, the Committee shall facilitate the same through the Legal Aid Counsel provided by the Legal Services Authority, the deed of surrender shall be executed as per Form 24.

(23) The inquiry under sub-section 3 of section 35 of the Act shall be concluded by the Committee expeditiously and the Committee shall declare the surrendered child as legally free for adoption after the expiry of sixty days from the date of surrender.

(24) In case of orphan or abandoned child, the Committee shall make all efforts for tracing the parents or guardians of the child and on completion of such inquiry, if it is established that the child is either an orphan having no one to take care, or abandoned, the Committee shall declare the child legally free for adoption.

(25) In case an abandoned or orphan child is received by a Child Care Institution including a Specialised Adoption Agency, such a child shall be produced before the Committee within twenty-four hours (excluding the time necessary for the journey) along with a report in Form 17 containing the particulars and photograph of the child as well as the circumstances in which the child was received by it and a copy of such report shall also be submitted by the Child Care Institution or a Specialised Adoption Agency to the local police station within the same period.

(26) The Committee shall issue an order in Form 18 for short term placement and interim care of the child, pending inquiry under section 36 of the Act.

(27) The Committee shall use the designated portal to ascertain whether the abandoned child or orphan child is a missing child while causing the details of the orphan or the abandoned child to be uploaded.

(28) The Committee, after taking into account the risk factors, and in the best interest of the child, may direct the publication of the particulars and photograph of an orphan or abandoned child in national newspapers with wide circulation within seventy two hours from the time of receiving the child for the purposes of tracing out the biological parents or the legal guardian(s).

(29) The Committee, after making inquiry as per the provisions of the Act, shall issue an order in Form 25 declaring the abandoned or orphan child as legally free for adoption and send the same information to the Authority.

(30) Where the parents of the child are traced, the procedure for restoration of the child shall be as per rule 82 of these rules.

Pendency of cases

20. (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 in Form 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 in Form 26 is concerned:

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

(3) The District Magistrate shall review the functioning of the Committee including by inspection once every quarter and also appraise the performance of the Chairperson and the members of the Committee on the basis of their participation in the proceedings of the Committee and submit a report to the Selection Committee constituted under rule 87 of these rules.

CHAPTER VI

REHABILITATION AND SOCIAL RE-INTEGRATION

Manner of Registration of Child Care Institutions

21. (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 organisation, 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 in Form 27 together 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 organisation 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;

(3) The State Government shall after verifying that provisions exist in the institution for the care and protection of children, health, education, boarding and lodging facilities, vocational facilities and rehabilitation as per the Act and the rules, may issue a registration certification to such institution under sub section (1) of section 41 of the Act in Form 28.

(4) The State Government, may not grant provisional registration where adequate facilities do not exist in the institution applying for registration and the State Government shall issue an order before the expiry of one month from the date of receipt of the application that the institution is not entitled for even provisional registration.

(5) The State Government, while taking a decision on the application for registration, may consider the following namely:

(6) The State Government shall conduct a detailed inspection where provisional registration has been granted or review annually after registration under sub-section (1) of section 41 of the Act, of the facilities, staff, infrastructure and compliance with the standards of care, protection, rehabilitation and reintegration services and management of the institution or the organisation as laid down under the Act and the rules.

(7) If the inspection or the annual review reveals that there is unsatisfactory compliance with the standards of care, protection, rehabilitation and reintegration services and management of the institution as laid down under the Act and the rules or the facilities are inadequate, the State Government may, at any time, serve notice on the management of the institution and after giving an opportunity of being heard, declare within a period of sixty days from the date of the detailed inspection or annual review as the case may be, that the registration of the institution or organisation, shall stand withdrawn or cancelled from a date specified in the notice and from the said date, the institution shall cease to be an institution registered under sub-section (1) of section 41of the Act.

(8) When an institution ceases to be an institution registered under the Act or has failed to apply for registration within the time frame laid down in the said provision or has not been granted provisional registration, the said institution shall be managed by the State Government or the children placed therein shall be transferred by the order of the Board or the Committee, to some other institution, registered under sub-section (1) of section 41 of the Act.

(9) All institutions shall be bound to seek renewal of registration three months prior to the expiry of the period of registration and in case of their failure to seek renewal of registration before the expiry of the period of registration of the institution, the institution shall cease to be an institution registered under sub section (1) of section 41 of the Act and provisions of sub-rule (8) of this rule shall apply.

(10) An application for renewal of registration of an institution shall be disposed of within sixty days from the date of receipt of application.

(11) The decision on renewal of registration shall be based on the annual review done in the year in which the renewal is sought.

(12) The Central Government shall facilitate developing a model online system for receipt and processing of applications and grant or cancellation of registration and in the interim the systems existing in the States and Union Territories shall continue.

Open Shelter

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

(2) All organisations and persons who wish to establish open shelters or already running open shelters shall, make an application in Form 27 to 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 organisation 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 in Form 28.

(5) The services provided in the open shelters may include day care and night residential facilities including food, washing facilities and toilets, and any other facility as the State Government may deem fit.

(6) The capacity of an open shelter should be such as to accommodate twenty-five to fifty children at one time and should include a kitchen, dining facilities, bathrooms and toilets, lockers and recreational facilities.

(7) In cases where, the agency in charge of the Open Shelter finds that a child may require more than short term care and protection exceeding twenty- four hours, such child may be produced before the Committee for appropriate further steps.

(8) The open shelter shall not refuse admission to any child in need of care and protection at any time.

(9) Each open shelter shall send monthly information in Form 29 to the District Child Protection Unit and the Committee regarding the children availing the services of the open shelter.

Foster Care

23. (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) of rule 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 in Form 31 prepared by the District Child Protection Unit.

(5) The Committee shall take into consideration the individual care plan and the opinion of the child before deciding the nature of foster care with due regard to his age and maturity.The child shall be informed and prepared throughout the process.

(6) Foster care may be for short term or long term depending upon the needs of the child. The duration of short term Foster care shall be for a period of not more than one year.

(7) Long term foster care, shall be for a period exceeding one year. This can be periodically extended by the Committee till the child attains eighteen years of age on the basis of assessment of the compatibility of the child with the foster care parents or in a group foster care setting.

(8) Recognising that every child has the right to grow in a family environment, every attempt shall be made to reunite the child with his biological family, if possible.

(9) The Committee before placing the child in foster care shall obtain a Home Study Report of the foster family through the District Child Protection Unit in Form 30.

(10) Children with special needs may be considered either for placement in foster family or group foster care, provided the Home Study Report of the foster family supports their fitness or group setting has facilities for care of such children.

(11) The number of children placed under group foster care shall not exceed eight children in one unit including biological children of the foster caregiver.

(12) The District Child Protection Unit, while selecting foster family shall consider the following, namely:

(13) The District Child Protection Unit, while selecting Group foster care setting shall consider the following illustrative criteria:

(14) The process for selection of Foster family or Group foster setting shall be notified by the State Government.

(15) The Committee shall pass the final order in Form 32 for placing the child in foster care, specifying the period for which the child is placed in foster care.

(16) The foster family or group foster care giver shall sign an undertaking for foster-care of the child in Form 33.

(17) The District Child Protection Unit shall maintain a record of each child in foster care in Form 34.

(18) The Committee shall conduct monthly inspection of the foster families or foster care givers in Form 35 to check the well-being of the child.

(19) The foster family or group foster care giver shall:

Sponsorship

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

(2) The sponsorship programme shall be implemented by the District Child Protection Unit which shall provide a panel of persons or families or organisations 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 or the Committee or the Children’s Court may suomotu, or on an application received in that behalf, consider the placement of a child under sponsorship for which purpose it shall verify from the panel whether a sponsor is available to support such child and pass an order for placement of the child under sponsorship in Form 36.

(6) The District Child Protection Unit, in case of individual sponsorship, shall open an account in the name of the child to be operated preferably by the mother. The money shall be transferred directly from the bank account of the District Child Protection Unit to the bank account of the child.

(7) The duration of the sponsorship shall not ordinarily exceed three years.

After Care of Children Leaving Institutional Care

25. (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 per Form 37 and 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 organisations, 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 Board or the Committee and all Child Care Institutions for their record.

(4) The Probation Officer or the Child Welfare Officer or Case Worker or social worker, shall prepare a post release plan and submit the same to the Board or the Committee, two months before the child is due to leave the Child Care Institution, recommending after care for such child, as per the needs of the child.

(5) The Board or the Committee or the Children’s Court, while monitoring the post release plan will also examine the effectiveness of the aftercare programme, particularly whether it is being utilized for the purpose for which it has been granted and the progress made by the child as a result of such after-care programme.

(6) Children who are placed in after care programme, shall be provided funds by the State Government for their essential expenses; such funds shall be transferred directly to their bank accounts.

(7) The services provided under the after-care programme may include:

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.

(3) The number of posts in each category of staff shall be fixed on the basis of capacity of the institution and shall proportionately increase with the increase in the capacity of the institution.

(4) In case of Child Care Institutions housing girls, only female Person-in charge and staff shall be appointed.

(5) Any person associated with a Child Care Institution should not have been convicted of an offence or have been involved in any immoral act or in act of child abuse or employment of child labour or in an offence involving moral turpitude or hold any office in any political party during his tenure.

(6) No person shall be appointed to or work in a Child Care Institution without police verification.

(7) The suggested staffing pattern for an institution with a capacity of 100 children may be as below:

(8) In case of institutions housing infants, provision for ayahs and paramedical staff shall be made as per need.

(9) The security personnel shall be deployed as per nature and requirement of the Child Care Institution, taking into consideration strength of the children, age groups, physical and mental status, segregation facility based on the nature of offence and structure of the Institution.

(10) The security personnel to be engaged or appointed shall be adequately trained and oriented to deal with the children with sensitivity preferably ex-servicemen or retired para-military personnel or through Director General of Resettlement.

(11) The security personnel shall not be with arms or guns but have training and special skills to handle a crisis situation, control violence and escape of children from the institution, conduct search and frisking and security surveillance.

Fit Facility

27 (1) The Board or the Committee shall on an application from any institution or organisation run by Government or non-governmental organisation, 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 in Form 38 for 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 organisation.

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

(4) The Board or the Committee, after proper inspection and inquiry to ensure that provisions exist in the institution for the care and protection of children with reference to their health, education, boarding and lodging facilities, vocational facilities and rehabilitation as per the rules, and consideration of such other material as may be available, may grant recognition to such institution or organisation as a fit facility in Form 39:

Provided that any person associated with such institution or organisation should not have been convicted of an offence or have been involved in any immoral act or in act of child abuse or employment of child labour or in an offence involving moral turpitude.

(5) A decision on the application for recognition of an institution or organisation shall be taken by the Board or the Committee within a period of fifteen days from the date of receipt of the application.

(6) The recognition to an institution or an organisation as a fit facility shall be initially for a period of three years which may be renewed for a further period of three years in accordance with sub-rule (4) of this rule.

(7) The Board or the Committee may, if dissatisfied with the standard of care and protection provided, or conditions prevailing in the facility, or the management of the institution or the organisation recognised under the Act or on an adverse report made by an inspection committee appointed under section 54 of the Act, or for any other reason, at any time, by a reasoned order, withdraw the recognition of the institution or the organisation as a fit facility and from the date specified in the order of the Board or the Committee, the institution or the organisation shall cease to be a fit facility recognized under the Act and the rules.

(8) Where the recognition of a fit facility is withdrawn by the Board or the Committee, intimation of the same shall be sent to the Children’s Court, Special Juvenile Police Unit and District Child Protection Unit and the children placed with such an institution or organisation may be placed by the Board or the Committee or the Children’s Court to another fit facility or any other Child Care Institution.

(9) A list of fit facilities approved by the Board or the Committee shall be kept in that office and be sent to the Children’s Court, Special Juvenile Police Unit, the District Child Protection Unit and the State Child Protection Society.

(10) An institution or organisation shall be recognised as a fit facility for purposes which may include:

(11) The services to be provided by the fit facility may include:

(12) The placement of a child in a fit facility shall be for a period as deemed fit by the Board or the Committee or the Children’s Court.

Fit Person

28. (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 offence 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 offence 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 getting police verification done on such a person .

(4) The Board or the Committee may, if dissatisfied with the standard of care and protection provided or for any other reason, at any time, by a reasoned order withdraw the recognition of the person as a fit person from the date specified in the order of the Board or the Committee.

(5) Where the recognition of a fit person is withdrawn by the Board or the Committee, intimation of the same shall be sent to the Children’s Court, Special Juvenile Police Unit and District Child Protection Unit and the child placed with such a fit person may be placed by the Board or the Committee or the Children’s Court to another fit person or with a fit facility or any Child Care Institution.

(6) A list of fit persons recognised by the Board or the Committee shall be kept in the office of the Board and the Committee and the Children’s Court and be sent to the Special Juvenile Police Unit, the District Child Protection Unit and the State Child Protection Society.

(7) The Board or the Committee or the Children’s Court may place the child with a fit person in cases wherever required, including where the child cannot be sent to a Child Care Institution due to distance and/ or odd time.

(8) The fit person shall:

(9) The Board or the Committee or the Children’s Court, depending on the need of the child and in consultation with the fit person shall determine the period for which a child shall remain with the fit person.

(10) The child shall not be placed with a fit person for a period exceeding thirty days and in such cases where the child requires further care, the Committee may consider the placement of the child in foster care or may consider other rehabilitative alternatives for the child. The Board or the Children’s Court in such cases where the period of placement of the child may exceed thirty days, refer the matter to the Committee for further orders in respect of the child.

Physical infrastructure

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

(2) The Child Care Institutions shall be child-friendly and in no way shall they look like a jail or lock-up.

(3) Every Child Care Institution shall keep a copy of the Act and the rules framed by the State Government, for use by both the staff and children residing therein.

(4) Each Child Care Institution shall have a Management Committee for the management of the institution and monitoring the progress of every child in the home.

(5) The Child Care Institutions for children in conflict with law and children in need of care and protection shall function from separate premises as per the criteria elaborated.

(6) The suggested norms for building or accommodation in each institution with 50 children may be as under:

(7) The Person-in-charge shall stay within the institution and be provided with quarters and in case he is not able to stay in the Child Care Institution for valid reasons, any other senior staff member of the institution shall stay in the institution and be in a position to supervise the overall care of the children and take decisions in the case of any crisis or emergency.

(8) There shall be proper and non-slippery flooring for preventing accidents.

(9) There shall be adequate lighting, heating and cooling arrangements, ventilation, safe drinking water, clean and accessible gender and age appropriate and disabled friendly toilets and high walls with barbed wire fencing.

(10) All institutions under the Act shall:

(11) Special infrastructural facilities and necessary equipment shall be provided to differently-abled children. Such facilities and equipment shall be designed under the guidance of specialists or experts.

(12) Other logistical and functional requirements which would be provided may include:

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:

(2) In addition to the clothing specified above, each child shall be provided, once in three years, with a suit consisting of one white shirt, one pair of shorts or pants, one pair of white canvas shoes and one blazer for use during ceremonial occasions. In the case of girls it shall be one white half sari or one salwar kameez or one white skirt and one white blouse, a pair of white canvas shoes and a blazer.

(3) In every hospital attached to the institution where there is provision for in-patient cots, the following scale has to be followed:

(4) Toiletry: Every resident of the Child Care Institution shall be issued oil, soap and other material as per the following scale:

(5) For washing of clothes and towels, bed-sheet, etc., the following scale may be followed:

The hospital clothing shall not be mixed with other clothing at the time of washing and if necessary, the Superintendent can issue the above items separately for washing of hospital clothing. The superintendent may get installed washing machines, as required.

(6) The following items shall be provided for maintaining the Child Care Institutions in a healthy and sanitary condition:

Sanitation and Hygiene

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

Daily Routine

32. (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.

Nutrition and Diet Scale

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

(2) Children may be provided special meals on holidays, festivals, sports and cultural day and celebration of national festival.

(3) Infants and sick children shall be provided special diet according to the advice of the doctor on their dietary requirement.

(4) The requirement of each child shall also be taken into account including need for iron and folic acid supplements.

(5) The menu for the day shall be prepared in consultation with the Children’s Committee and shall be displayed in the dining hall.

(6) Variation in diet may be as per seasonal and regional variations, a suggested diet variation is given below:-

(7) Meal Timing and Menu:

(i) Breakfast – 7.30 a.m. to 8.30 a.m.

(ii) Lunch at 12.30 to 1.30 P.M. and Dinner – 7.00 P.M. – 8.00 P.M

(8) Others:

Medical Care

34. (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:

(4) Baseline investigation of Complete Blood Count (CBC), Urine Routine, HIV, VDRL, Hepatitis B and Hepatitis C tests and allergy or addiction to drugs shall be conducted for all children at the time of entry into the institution as suggested by the doctor after examining the child.

(5) Test for pregnancy or diseases for victims of sexual offences shall be conducted, if required by the order of the Board or the Committee or the Children’s Court. In such cases the District Child Protection Unit shall facilitate following of the procedures laid down in the Medical Termination of Pregnancy Act, 1971, if so needed.

(6) The State Government through the District Child Protection Unit shall make provisions for those children diagnosed with special problems such as hormonal problems, immuno-compromised diseases, physical and mental disabilities on the recommendation of the medical officer. The children shall be kept in special care homes or hospitals and avail necessary medical/ psychiatric and psychological support or treatment.

(7) All girls who have attained puberty shall undergo health assessment to detect iron deficiency. Necessary dietary plan and medicines shall be prescribed by the nutritionist and appointed doctor, if need be.

(8) A psycho- social profile of every child shall be maintained by the Child Care Institution and updated every month. Special observations may be recorded, when required. Person-in-charge of the institution shall ensure that any recommendations made shall be duly complied with.

Mental Health

35. (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.

(4) Individual therapy is a specialised process and each institution shall make provisions for it as a critical mental health intervention.

(5) Every institution shall have the services of trained counselors or collaboration with external agencies such as child guidance centres, psychology and psychiatric departments or similar Government and non-Governmental agencies, for specialised and regular individual therapy for the child,

(6) The recommendations of mental health experts shall be maintained in every case file, as required.

(7) No child shall be administered medication for mental health problems without a psychological evaluation and diagnosis by trained mental health professionals.

(8) Medicines should be administered to the children only by trained medical staff and not by any other staff of the Home.

Education

36. (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) Specialised 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 of the children shall be ensured.

(6) Children should be able to avail scholarships, grants and schemes and sponsorships.

Vocational Training

37. (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 or the Children’s Court, as the case may be, on a quarterly basis.

Recreational Facilities

38. (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.

(7) Music, dance and art therapy may be included in the list of recreational activities to enhance the healing process of each child.

(8) Regularity of the activities shall be maintained with support of institutions and non-governmental organisation, if needed and a report shall be submitted on quarterly basis to the Board or the Committee or the Children’s Court, as the case may be.

Management Committee

39. (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 offence or kind of care required, physical and mental health and length of stay.

(3) The Management Committee shall comprise of:

(4) The Management Committee shall meet at least once every month to consider and review:

(5) The Management Committee shall set up a complaint and redressal mechanism in every institution and a Children’s Suggestion Box shall be installed in every institution at a place easily accessible to children away from the office set up and closer to the residence or rooms or dormitories of the children.

(6) The key of the Children’s Suggestion Box shall remain in the custody of the Chairperson of the Management Committee and shall be checked every week by the Chairperson of the Management Committee or his representative from District Child Protection Unit, in the presence of the members of the Children’s Committees.

(7) If there is a problem or suggestion that requires immediate attention, the Chairperson of the Management Committee shall call for an emergency meeting of the Management Committee to discuss and take necessary action.

(8) The quorum for conducting emergency meetings shall be five members, including two members of Children’s Committees, Chairperson of the Management Committee, Member of the Board or the Committee, as the case may be, and the Person-in-charge of the Child Care Institution.

(9) In the event of a serious allegation or complaint against the Person-in-charge of the institution, he shall not be part of the emergency meeting and another available member of the Management Committee shall be included in his place.

(10) All suggestions received through the suggestion box and action taken as a result of the decisions made in the emergency meeting or action required to be taken shall be placed for discussion and review in the monthly meeting of the Management Committee.

(11) A Children’s Suggestion Book shall be maintained in every institution where the complaints and action taken by the Management Committee are duly recorded and such action and follow up shall be communicated to the Children’s Committees after every monthly meeting of the Management Committee.

(12) The Board or Committee shall review the Children’s Suggestion Book at least once a month.

(13) The complaint box shall be accessible by the Chairperson of the Committee or any other person authorised by him.

Children’s Committees

40. (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:

(3) The Person-in-charge shall ensure that the children’s committees meet every month and maintain a register for recording their activities and proceedings, and place it before the Management Committee in their monthly meetings.

(4) The Person-in-charge shall ensure that the children’s committees are provided with essential support and materials including stationary, space and guidance for effective functioning.

(5) The Person-in-charge may, as far as feasible, seek assistance from local voluntary organisations or child participation experts for the setting up and functioning of the children’s committees.

(6) The local voluntary organisation or child participation expert shall support the children’s committees in the following:

(7) The Management Committee shall seek a report from the Person-in-charge on the setting up and functioning of the children’s committees, review these reports in their monthly meetings and take necessary action or place the same before the Board or the Committee, wherever required.

Inspection

41. (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 organisations 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 children in need of care and protection.

(5) The State Inspection Committee shall submit report to the Secretary of the Department implementing the Act.

(6) The State Inspection Committee shall make recommendations for improvement and development of the Institutions in accordance with the provisions of the Act and the rules made thereunder and shall forward the same to the State Child Protection Society or the District Child Protection Unit for appropriate action.

(7) The State Inspection Committee shall interact with the children during visits to the institution to determine their well-being and to get their feedback.

(8) The District Inspection Committee shall comprise of following members:

(9) The District Inspection Committee shall inspect all Child Care Institutions in the district in Form 46.

(10) The inspection of the facilities housing children in the district shall be carried out at least once every three months.

(11) The District Inspection Committee shall submit the report of the findings to the District Child Protection Unit or the State Government and shall also make suggestions for improvement and development of the Child Care Institutions in accordance with the provisions of the Act and the rules made thereunder.

(12) The District Inspection Committee shall interact with the children during the visits to the institution to determine their well-being and to elicit their feedback.

(13) The District Child Protection Unit shall take necessary follow up action on the report of the District Inspection Committee.

Evaluation

42. (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, multi- disciplinary 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.

CHAPTER VII

ADOPTION

Adoption Related Reporting

43. (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.

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

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

Procedure before the Court

45. (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.

Period for disposal of applications

46. (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.

Special provision for protection of adopted children

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

Linkage of Child Care Institutions to Specialised Adoption Agencies

48. 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.

Additional Functions of the Authority

49. (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:

Terms and conditions of appointment of Members of the Steering Committee of the Authority.-

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

(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 the members of the Steering Committee shall be as per the grouping made by Inter-State Council and North-Eastern Council from time to time. The States not covered in any of the zonal councils shall be included in the zone having geographical proximity.

(4) The member from the State Adoption Resource Agency would be selected from the State of the zone under consideration on the basis of:

(5) The selected State Adoption Resource Agency would be represented in the Steering Committee by the Secretary of the Department of the State Government dealing with adoption or his representative not below the rank of Deputy Secretary or Joint Director of the State Government.

(6) The members of the Specialised Adoption Agencies would be selected as per the following criteria available in the Child Adoption Resource Information and Guidance System and as per the record available with the Authority:

(7) The Specialised Adoption Agencies shall be represented by their President or Chairperson or General Secretary or Secretary or Managing Trustee or Director or Manager, as the case may be.

(8) The selection of the member from the category of advocate or professor in family law shall be from a combined panel of four names, with two names from each category, received from the National Legal Services Authority.

(9) The members of the Steering Committee, under clause (e) and (f) of sub-section (1) of section 69 of the Act, shall be selected or nominated by a Committee comprising of:

(10) The members of the Steering Committee other than ex-officio members shall be appointed with the approval of the Minister for Women and Child Development.

(11) The tenure of the members of the Steering Committee, other than the ex-officio members shall be two years from the date of appointment, unless the member resigns or is removed or attains the age of sixty years.

(12) A non-ex-officio member shall not be eligible for a second term.

(13) In case of any vacancy, a new member will be nominated or selected for the remaining period of the tenure from the same State from the same category.

(14) A non-ex-officio member of the Steering Committee of the Authority shall cease to be a member if:

(15) A non-ex-officio member other than State Adoption Resource Agency shall be entitled to a sitting fee of Rs.1,000/- per sitting, for attending a meeting of the Steering Committee, travelling allowance in economy class air fare, hotel accommodation and food bill as per the Central Government Rules.

Transaction of business of the Steering Committee of the Authority

51. (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 by the Chairperson.

(8) All decisions in the Steering Committee shall be taken by majority of the members present excluding the special invitees, if any.

(9) In case of tie, the Chairperson shall have the casting vote.

(10) The minutes of the meeting will be authenticated by the Member-Secretary after obtaining the approval of the same by the Chairperson.

(11) Any other matter relating to the transaction of business of the Steering Committee shall be governed by the procedure adopted by the Steering Committee, whenever required.

Annual Report of the Authority

52. (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 30th day 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.

Accounts and audit of the Authority

53. (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 formats prescribed by the office of the Comptroller and Auditor General of India from time to time.

(5) The annual statement of accounts shall be signed and authenticated by the Chief Executive Officer.

(6) The annual statement of accounts of the Authority shall be submitted to the office of the Comptroller and Auditor General on or before the 30th of June of the following year to which the accounts relate, which shall audit the accounts of the Authority and submit the audit report.

(7) The Authority shall, within thirty days of the receipt of the audit report, remedy any defect or irregularity pointed out therein, and submit its report to the Central Government and to the office of the Comptroller and Auditor General about the action taken by it.

CHAPTER VIII

OFFENCES AGAINST CHILDREN

Procedure in cases of offences against children

54. (1) A complaint of an offence 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 organisation concerned.

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

(3) On receipt of information of a non- cognizable offence 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 offences against children, the investigation shall be conducted by the Child Welfare Police Officer.

(5) Where any offence under the Act is committed by a Child Care Institution including a Specialised Adoption Agency, the Committee or the Board as the case may be, may pass appropriate orders for placing the children already placed with the Child Care Institution or the Specialised Adoption Agency in any other Child Care Institution or Specialised Adoption Agency and recommending the cancellation of the registration and withdrawal of recognition of such institution or agency.

(6) Where an FIR is registered against a person working with a Child Care Institution including Specialised Adoption Agency for any offence under the Act and the rules, such a person shall be debarred from working directly with the children during the pendency of the criminal case.

(7) Where a person has been dismissed from service or is convicted of an offence under the Act and the rules, he shall stand disqualified from any further appointment.

(8) In no case a child shall be placed in a police lock-up or lodged in a jail.

(9) The child and his family shall be provided access to paralegal volunteers under the District Legal Service Authority.

(10) An immediate need assessment of the child will be conducted in terms of the need for food, clothing, emergency medical care, counselling, psychological support and the same shall be immediately extended to the child at the police station.

(11) Where a child has been subjected to sexual abuse, the child may be referred to the nearest District Hospital or One-Stop Crisis Centre, as the case may be, if locally available.

(12) Special children’s rooms may be designated in every Court Complex with facility for separate space for children waiting and children who are giving their statement or interview; separate entrances, wherever feasible; video-conferencing facilities for interacting with children, wherever possible; provision for entertainment for children such as books, games, etc. Statements and interviews, other than during trial of children who are, victims, or witnesses, shall be recorded through child friendly procedure in a children’s room.

(13) The statement or the interview of the victim/ witness child shall be conducted while ensuring the following conditions:

(14) The Legal Services Authority may provide a support person or para legal volunteer for pre-trial counselling and to accompany the child for recording of the statement who shall also familiarize the child with the Court and Court environment in advance, and where the child is found to have been disturbed by the experience of coming to the Court, orders for video-conferencing may be passed by the Court, on an application moved by the support person or para-legal volunteer or by the Legal Services Authority, on behalf of the child.

(15) If the child victim or witness does not belong to the District or State or Country, the statement or interview or deposition of the child may also be recorded through video conferencing.

(16) Where video-conferencing is not possible, all necessary accommodation, travel expenses for the child and a guardian accompanying the child will be provided as per actuals by the State Government or Union Territory Administration.

(17) Separate rooms for vulnerable witnesses may be designated in every Court Complex to record the evidence of child witnesses.

(18) During a trial involving children, as far as possible, the following norms may be followed to ensure a child-friendly atmosphere:

(19) The child may be represented, as the case may be, by:

(20) All functionaries of the Court and others concerned may be sensitised on the special needs of children and child rights.

(21) After the process of trial:

Procedure in case of offence under section 75 of the Act

55. (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 clinic or facility upon a direction of the Board or the Committee made in this regard, free of cost. A failure to respond immediately resulting in serious injury, irreversible damage or threat to life or death shall be deemed to be wilful neglect of the child and shall tantamount to cruelty under section 75 of the Act on the direction of the Board or the Committee after a detailed inquiry.

Procedure in case of offence under section 77 of the Act

56.(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-addiction of the child and transfer the child to a fit facility identified for the purpose.

(4) In case any child is found to have been administered intoxicating liquor or narcotic drugs or psychotropic substances or tobacco products in a Child Care Institution, the child shall be produced immediately before the Board or the Committee, except in such cases where the child is not in a position to be produced before the Board or the Committee and requires immediate medical attention.

(5) The Board, shall on its own or on complaint received from the Committee, issue directions to the police to register an FIR immediately.

(6) The Board or the Committee shall also issue appropriate directions for inquiry as to the circumstances in which such product entered the Child Care Institution and reached the child and shall recommend appropriate action against the erring officials and the Child Care Institution.

(7) The Board or the Committee may also issue directions for transfer of the child to another Child Care Institution as the case may be.

(8) Any shop selling intoxicating liquor, tobacco products, must display a message at a prominent place on their shop that giving or selling intoxicating liquor or tobacco products to a child is a punishable crime with upto seven years of rigorous imprisonment and a fine of upto one lakh rupees.

(9) All tobacco products and intoxicating liquor must display a message that giving or selling intoxicating liquor or tobacco products to a child is a punishable crime with upto seven years of rigorous imprisonment and a fine of upto one lakh rupees.

(10) Giving or selling of intoxicating liquor, narcotic drugs or psychotropic substances or tobacco products within 200 meters of a Child Care Institution or any other home registered or recognised under the Act, or the office of a Committee or a Board shall be deemed to be an offence under section 77 of the Act.

Procedure in case of offence under section 78 of the Act

57. (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 offence 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.

Procedure in case of offence under section 80 of the Act

58.(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 Specialised Adoption Agency.

(3) Wherever any offence under section 80 of the Act is committed by a recognised Specialised 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 Specialised Adoption Agency in any other Child Care Institution or Specialised Adoption Agency.

Procedure in case of offence under section 81 of the Act

59. (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 Specialised Adoption Agency shall amount to an offence 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 offence 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 shall pass appropriate orders for placing the child in a Child Care Institution or fit institution or with a fit person, as the case may be.

(5) Where any offence under section 81 of the Act is committed by a Child Care Institution including Specialised Adoption Agency or by a hospital or nursing home or maternity home, or a person associated with such an institution or agency, the Committee may also pass appropriate orders for placing the other children placed with such Child Care Institution or Specialised Adoption Agency or hospital or nursing home or maternity home in any other Child Care Institution or Specialised Adoption Agency or hospital or nursing home or maternity home, as the case may be.

(6) The Committee shall recommend to the State Government that the registration or recognition of such agency or institution or the registration or license of such a hospital or nursing home or maternity home or such associated person under any law for the time being in force shall also be withdrawn.

Procedure in case of offence under section 82 of the Act

60. (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 Institution in the best interest of the child who has made the complaint or who has been subjected to corporal punishment.

(7) Where the Judicial Magistrate First Class finds that the management of the institution is not cooperating with the inquiry or complying with the orders of the court under sub-section (3) of section 82 of the Act, the Judicial Magistrate First Class will either take cognizance of the offence himself or direct the registration of FIR and proceed against the person in-charge of the management of the institution.

(8) Where the Board or the Committee or the State Government issues any directions to the management of the institution in respect of any incident of corporal punishment in the child care institution, the management shall comply with the same.

(9) In the event of non-compliance, the Board on its own or on the complaint of the Committee or the State Government shall direct the registration of an FIR under sub-section (3) of section 82 of the Act.

(10) Where a person has been dismissed from service or debarred from working directly with children or is convicted of an offence of subjecting a child to corporal punishment under sub-section (2) of section 82 of the Act, he shall stand disqualified from any further appointment under the Act and the rules.

CHAPTER IX

MISCELLANEOUS

Duties of the Person-in-charge of a Child Care Institution

61. (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:-

(4) The Person-in-charge shall inspect the Child Care Institution as often as possible but not less than twice a day. He shall make a record of the timings of his inspection and also note his observations in a separate book maintained for the purpose, especially with regard to:

(5) Anything irregular that comes to the notice of the Person-in-charge shall be enquired into and resolved and the date, time and nature of the action taken shall be noted in the book.

(6) Where a problem of urgent nature has not been resolved within two working days, the Board or the Committee or the District Child Protection Unit shall be informed.

(7) In case the Person-in-charge is on leave or otherwise not available, the duties of the Person-in-charge shall be performed by the Child Welfare Officer as designated by the Person-in-charge.

Duties of the Child Welfare Officer or Case Worker

62. (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 organisations 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 interviews with the child and his family members, social agencies and other sources, inquire into antecedents and family history of the child and collect such other material as may be relevant, and submit the Social Investigation Report to the Board or the Committee or the Children’s Court, within fifteen days.

(5) All the children in the Child Care Institution shall be assigned to a Child Welfare Officer or Case Worker and such Child Welfare Officer or Case Worker shall be responsible for the child assigned to him in all respects viz. care and development of the child, reporting to the Board or the Committee or the Children’s Court about the child or maintaining the child’s record in the Child Care Institution.

(6) Upon assignment of the child to a Child Welfare Officer or Case Worker, the Child Welfare Officer or Case Worker shall:

(7) The Child Welfare Officer or Case Worker who has been assigned the duty of verifying the daily cleaning in the premises of Child Care Institution shall do so twice a day, one after the morning cleaning and the other after the evening cleaning. The Child Welfare Officer or Case Worker shall make a note of the same in the House-keeping register.

(8) The Child Welfare Officer or Case Worker who has been assigned the duty of verifying the daily cooking shall make a note of the same in the Meals Register, in respect of every meal.

Duties of the House Mother or House Father

63. (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:

Duties of a Probation Officer

64. (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:

Rehabilitation-cum-Placement Officer

65. (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:

Staff Discipline

66. (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 child or his parent or guardian.

(6) No staff of the Child Care Institution shall use any abusive or vulgar language or discuss age-inappropriate topics or watch pornographic material or read obscene literature in the premises of the Child Care Institution.

Security measures

67. (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, including the following:

(6) Every caregiver or other staff of the Home, if he comes to know of any incident or probability of unrest amongst the children, shall bring the same to the notice of the Person-in-charge without any loss of time, who shall take necessary steps as the situation demands and shall inform the Board or the Committee of such information or incident as well as the steps taken by him, in writing.

(7) The Person-in-charge shall make surprise visits to the Child Care Institution during the night as frequently as possible, but not less than once a week. He shall make a record of the timings of his visit and also note his observations in the register maintained by him in that regard.

(8) In a case of disturbance outside the Child Care Institution, the shift in-charge shall immediately inform the police station concerned.

(9) In a case of violence or disturbance inside the Child Care Institution, the shift in-charge shall take assistance of the police with the permission of the Person-in-charge. The shift in-charge shall first issue a warning to the children.

(10) In case of a natural disaster or fire or any such calamity, the shift in-charge shall take suitable steps for evacuation and safety of the children as per the Disaster Management Protocol as developed by the State Disaster Management Authority for Child Care Institutions.

(11) To prepare the officers, children and guards to follow the above steps, a practice drill shall be held once a month, without previous notice by the Person-in-charge.

(12) Closed Circuit Television cameras may be installed at all key points such as all entry and exit points to the Child Care Institution, reception, corridors, kitchen, pantry or store room, dormitories, entry and exit points of the washrooms with due regard to the privacy and dignity of the children.

(13) Adequate number of scanners and metal detectors may be provided in every Child Care Institution.

Searches and Seizures

68. (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:

(3) All the articles seized shall be destroyed or disposed of having regard to the nature of the articles, on the orders of the competent court, after being satisfied that the seized articles are not required in any inquiry or departmental action against any officer or in any criminal investigation and proceedings.

Institutional Management of Children

69.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:

(2) In case of children in need of care and protection, there are two types of stay of children at the Child Care Institution:

C. Protective Custody.– (1) A Protective Custody Card in Form 41 duly signed by the Board or a custody warrant duly signed by the Children’s Court is required for such stay.

(2) Duration of such stay shall be as directed by the Board or the Children’s Court and as extended from time to time by them.

(3) Such a stay shall be during the pendency of the inquiry.

D. Overnight Protective Stay.- (1) The purpose of the stay is to provide shelter to the child and prevent his being kept overnight at the police station or at any other unsuitable place by providing an alternative.

(2) Such stay may be only after 20:00 hrs in the night and till14:00 hrs on the following day.

(3) A child shall be permitted to stay at the Child Care Institution for one night on an application seeking overnight protective stay of the child moved by the Child Welfare Police Officer in writing to the Receiving Officer. The application shall be accompanied with a copy of the relevant documents showing the circumstances in which the child was apprehended or found and the medical condition of the child.

(4) Upon being satisfied about the identity of the child, the child may be received by the Receiving Officer and Form 42shall be filled in triplicate. One copy of the form shall be retained as record of the Child Care Institution, one copy shall be handed over to the Child Welfare Police Officer and the third copy shall be forwarded to the Board or the Committee concerned for their record.

(5) The child shall be handed over to the charge of the Child Welfare Police Officer the next day at the time stated in the form under receipt by the said Child Welfare Police Officer in the copy of the form.

(6) In case of the Child Welfare Police Officer not taking the charge of the child at the designated time, the child shall be produced before the Board concerned or the Committee by the Person-in-charge of the Child Care Institution with a report stating such fact.

(7) The particulars of the child shall be entered in the admission and discharge register, noting that the child has been received for overnight protective stay.

(8) The child shall be searched physically and all his personal belongings, if any that are found, shall be handed over to the Child Welfare Police Officer who has produced the child and who shall seize the articles and furnish a copy of such seizure to the Receiving Officer.

(9) The child shall be provided food to eat and drink, if the child is hungry, irrespective of the time of receiving such child.

(10) The child shall be placed for the night in the reception dormitory or the segregation unit as the case may be.

E. Rehabilitation Stay.– (1) A child may be sent to the Children’s Home by the Committee for such a stay and to the special home or the place of safety by the Board or the Children’s Court.

(2) The child shall be issued the Rehabilitation Card in Form 14 which shall state the duration of stay of

the child, unless the duration is shortened by a specific order in that respect by the Board or the Committee or the Children’s Court.

F. Procedure to be adopted at the time of receiving the child.– (1) The Receiving Officer shall follow the following procedure at the time the child is received:

(2) Every child received in the Child Care Institution shall be kept for the first fourteen days of his stay in the reception dormitory made specifically for the purpose or the segregation unit, so that the child adjust to the life in the Child Care Institution.

G. Procedure to be adopted after the child is received.– (1) The following procedure shall be adopted on the same day or the next day if the child is received in the night:

H. Procedure to be adopted during the first fourteen days of receiving the child.-(1) The assigned Child Welfare Officer or Case Worker shall interact with the child as often as possible.

(2) Within two days of the receipt of the child, if required, he may be examined by a panel of doctors to understand his physical, medical, psychological state and his state of addiction, if any, for assessment of his personality and requirements to assist in the rehabilitation plan to be prepared for him.

(3) The Child Welfare Officer or Case Worker assigned to the child shall also interact with the family members of the child, where available. A case history in Form 43 shall be prepared and maintained in the case file of the child. Information for the same may be collected through all possible and available sources including the parents or guardians, home, school, friends, employer and community of the child.

(4) The Child Welfare Officer or Case Worker shall assess the educational level and vocational aptitude of the child on the basis of tests and interviews, conducted with the assistance of other technical staff. Necessary linkages, in this respect, shall be established with outside specialists and community based welfare agencies, psychologist, psychiatrist, child guidance clinic, hospital and other Government and non governmental organisations.

I. Procedure to be adopted on the expiry of the first fourteen days.– (1)The child shall be shifted to one of the regular dormitories and assigned a specific bed, cabinet and study table in that dormitory.

(2) Assignment of the dormitory shall be done on the basis of:

(3) An individual care plan in Form 7 of the child shall be prepared by the Child Welfare Officer or Case Worker on the basis of the child’s case history, education and vocational aptitude. In case of rehabilitation stay, the care plan shall be formulated for the complete period of the stay and shall necessarily include any and all directions given by the Board or the Committee or the Children’s Court towards the rehabilitation including bridge courses, formal, informal or continuing education.

(4) The Child Welfare Officer or Case Worker shall review the individual care plan and note his opinion in the rehabilitation card in Form 14 on the basis of his own observations, interaction with the child and his teachers or instructors and the feedback received from the house father or house mother.

(5) The Child Welfare Officer or Case Worker shall also maintain a record of any difficulty faced by the child during his stay at the Child Care Institution with a note of the steps taken to resolve the difficulty.

(6) The Child Welfare Officer or Case Worker shall similarly keep a record of the complaints made by the child with regard to the facilities in the Child Care Institution with a note of the steps taken thereon.

(7) The individual care plan shall be reviewed every fortnight during the initial three months and thereafter, every month. A report of its effectiveness or inadequacy shall be prepared with reasons for such opinion.

J. Procedure to be adopted after three months.– (1) The progress of the child shall be examined, with specific reference to the aims and targets noted in the individual care plan for the child. The progress of the child shall be reviewed and noted in the rehabilitation card in Form 14.

(2) The quarterly progress report shall be placed before the Management Committee for perusal and consideration.

(3) After deliberation by the Management Committee, the individual care plan shall be appropriately modified. The routine of the child and the approach towards rehabilitation of the child shall also be suitably modified. Record of such modified care plan and daily routine shall be maintained in the case file of the child. The progress shall be reviewed and recorded in the rehabilitation card in Form 14.

K. Pre-release planning.- (1) A well-conceived programme of pre-release planning and follow up of cases discharged from Children’s Homes, special homes and places of safety shall be organised in all institutions as per the directions of the Board or the Committee or the Children’s Court.

(2) In the event of a child leaving the Child Care Institution without permission or committing an offence within the institution, the information shall be sent by the Person-in-charge to the police and the family, if known; and the detailed report of circumstances along with the efforts to trace the child if the child is missing, shall be sent to the Board or the Committee or the Children’s Court, as the case may be.

L. Daily Routine in the Child Care Institution.- (1) Every child shall obey the order of an officer of the Child Care Institution or house representative and shall remain under discipline.

(2) Every institution shall have a daily routine for the children in consultation with the Children’s Committee, which shall be prominently displayed at various places within the institution.

(3) The daily routine shall include, 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.

M. Behaviour of the Child.- (1) The children in the Child Care Institution will be oriented and trained to follow the rules and standards of good behaviour.

(2) Every unacceptable behaviour shall be taken note of by the Children’s Committee and the child found in violation of rules may be made to give an explanation. The Children’s Committee may recommend appropriate action to the Person-in-charge. A copy of the report containing the description of the incident and the action taken thereupon shall be submitted to the Board or the Committee or the Children’s Court by the Person-in-charge within twenty-four hours. A copy of same shall also be placed before the Management Committee for planning a long term strategy for prevention of such incidents.

(3) A copy of the report shall be kept in the case file of the child concerned.

(4) The Person-in-charge may deal with the violation appropriately giving due consideration to the recommendation of the Children’s Committee and the safety and dignity of the child.

(5) The Person-in-charge may seek the assistance of the counsellor or the Child Welfare Officer or Case Worker, any non-governmental organisation associated with the Child Care Institution in dealing with the situation.

(6) A child showing exceptionally good behaviour shall be considered for appropriate reward or benefits by the Person-in-charge and note of the same shall be placed in the case file of the child.

N. Manner of dealing with unacceptable behaviour.- (1) The action taken shall be commensurate with the nature and degree of violation and the age of the child and may be any of the following:

(2) No child shall be subject to corporal punishment or any mental harassment including humiliating behaviour affecting the dignity of the child.

O. Exceptional Good behaviour.- The following shall be considered good behaviour, namely:-

P. Reward or Benefits for maintaining exceptional behaviour.- The rewards to a child, at such rates as may be fixed by the management of the institution from time to time, may be granted by the Person-in-charge as an encouragement for good work and good behaviour and at the time of release, the reward shall be handed over after obtaining a receipt from the parent or the guardian, who comes to take charge of the child or child himself.

Prohibited Articles

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

(2) All bullion, metal, coin, jewellery, ornaments, currency notes, securities and articles of value of every description including electronic items such as mobile phone, digital camera, i-pad, etc,. shall be deposited in safe custody.

(3) The disposal of the prohibited articles shall be as per rule 72 of these rules.

Articles found on search and inspection

71. (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.

Disposal of articles

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

Maintenance of case file

73. (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:

(4) The medical record of a child shall contain all reports and records of the child regarding the status of his physical and mental health, addiction status and treatment, etc.

(5) It shall be the responsibility of the Child Welfare Officer or Case Worker concerned to maintain the case file.

(6) All the case files maintained by the institutions may be computerised and the State Government may develop appropriate processes for the same.

Visits to and communication with children

74. (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 Committee or the Children’s Court or when such meeting has been specifically directed by the counsellor of the child.

(4) Every child shall be allowed to write two letters in a week to his parent or guardian or to his relatives. Necessary stationary and postage for the letters shall be provided by the Person-in-charge.

(5) The Person-in-charge may peruse any letter written by or to the child and may for reasons to be noted in the case file of the child, refuse to deliver or issue the letter. A report of the same shall be prepared and placed before the Management Committee. A copy of the report shall be retained on the case file and another copy shall be sent to the Board or the Children’s Court or the Committee.

(6) Every child shall be allowed to bring any written communication for the purpose of handing over to the Board or the Committee or the Children’s Court, as the case may be, and be provided stationary, etc. for the same.

(7) The Person-in-charge may allow a child to speak with his parents or guardians on telephone once a week under supervision of the Child Welfare Officer or Case Worker or Probation Officer and record shall be duly maintained of such calls.

(8) Every person desiring to meet the child shall, before the meeting, disclose his name and address with proof, which shall be noted in the visitors register and signed by the visitor. Copy of the photo identity card containing the address and a photograph of the visitor to be taken before the meeting, shall be retained by the institution. If the visitor refuses to disclose his particulars, he shall be denied the meeting.

(9) The visitor shall, submit himself for a search at the main gate, female visitors shall be searched by female staff only.

(10) Every meeting shall take place in the presence of the Child Welfare Officer or Case Worker or Probation Officer of the Child Care Institution, who shall be responsible for any irregularity that occurs and who shall be so placed that he is able to see and to prevent any objectionable or prohibited article being passed between the parties.

(11) Every child shall be carefully searched before and after the meeting in the presence of visitor. The child should not be having anything with him before he goes for the meeting.

(12) If any objectionable or prohibited article is found in the search conducted before the meeting:

(13) If any objectionable or prohibited article is found in the search conducted after the meeting:

(14) Any child who abuses the privilege of meeting shall be denied the same for such period as the Person-in-charge may direct. A report of the same shall be sent to the Board or the Committee or the Children’s Court and a copy shall be retained in the case file of the child.

(15) Every child shall be entitled to communicate with his legal counsel provided that:

(iv) any child who claims to have no counsel shall be permitted to meet the legal aid counsels who visit the Child Care Institution in the normal course.

Death of a Child

75. (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:

Abuse and Exploitation of the Child

76. (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:

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

Openness and Transparency

78. (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 organisations, 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 visitors’ book to record the remarks of the visitors.

(5) The Person-in-charge shall take all steps to inform the visitors to maintain the dignity of children.

Release of a child from a Child Care Institution

79. (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 escorted by a female escort who shall hand over the custody to her parent/guardian.

(4) At the time of release or discharge, a child may be provided with a set of suitable clothing and essential toiletries.

(5) When the child attains the age of eighteen years, he may be placed, if eligible, in an aftercare programme, subject to the consent of the child and the approval of the Board or the Committee or the Children’s Court.

(6) In case the date of release falls on a Sunday or a public holiday, the child may be discharged on the preceding day with an entry to that effect being made in the register of discharge.

(7) The Person-in-charge of the Child Care Institution may in appropriate cases, order the payment of subsistence money, at such rates as may be fixed from time to time, by the State Government, and the railway and/or road fares, as the case may be.

(8) Where a girl child has no place to go after release and requests for stay in the Child Care Institution after the period of stay is over, the Person-in-charge may, subject to the approval of the Board or the Committee or the Children’s Court, allow her stay only for a limited period till the time, some other suitable arrangement is made by her.

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

80. (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 Integrated Rehabilitation Centres for child addicts on the basis of appropriate age groups.

Transfer of Child

81. (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:

(3) The child shall be escorted at Government expenses to the place or person as specified in the order and a travelling allowance on a per day basis shall be determined by the Board or the Committee which shall be paid by the District Child Protection Unit of the State which has transferred the child.

(4) On such transfer, case file and records of the child shall be sent along with the child.

(5) Where the child is a national of another country, the Board or the Committee shall inform the State Government immediately on the production of the child before the Board or the Committee which may initiate the process for repatriation of the child immediately in consultation with Ministry of Home Affairs and Ministry of External Affairs, as the case may be.

(6) During the period pending the finalisation of the repatriation, the child shall be kept in a Child Care Institution.

(7) The expenses for the repatriation of the child to another country shall be borne by the State Government concerned.

Restoration and Follow-up

82. (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 organisation, 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 the Child Welfare Officer or Case Worker or non-governmental organisation.

(4) The Board or the Committee or the Children’s Court, while directing restoration of the child, may pass order for an escort in Form 45, where necessary.

(5) Besides police, the Board or the Committee may seek collaboration with non-governmental organisations to accompany the child back to the family for restoration.

(6) In case of girls, the child shall necessarily be accompanied by female escorts.

(7) The copy of the restoration order along with a copy of the order for escort shall be forwarded by the Board or the Committee or the Children’s Court to the District Child Protection Unit which shall provide funds for the restoration of the child, including travel and other incidental expenses.

(8) When a child expresses his unwillingness to be restored back to the family, the Board or the Committee or the Children’s Court shall interact with the child to find out the reasons for the same and record the same and the child shall not be coerced or persuaded to go back to the family. The child may also not be restored back to the family where the social investigation report prepared by the Child Welfare Officer or the social worker or the Case Worker or the non-governmental organisation establishes that restoration to family may not be in the interest of the child. The child would also not be restored back to the family where the parents or guardians refuse to accept the child back. In all such cases, the Board or the Committee or the Children’s Court may provide alternative means for rehabilitation.

(9) A follow-up plan shall be prepared as part of the individual care plan by the Probation Officer or the Child Welfare Officer or the Case Worker or the social worker or the non-governmental organisation.

(10) The follow-up report shall state the situation of the child post restoration and the measures necessary in order to reduce further vulnerability of the child.

Juvenile Justice Fund

83. (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:-

(5) The Juvenile Justice Fund shall be maintained and administered by Department of the State Government dealing with the implementation of this Act through the State Child Protection Society.

(6) The State Child Protection Society, with the approval of the State Government shall adopt financial rules to govern the utilisation of the Juvenile Justice Fund.

State Child Protection Society

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

(3) The Member- Secretary of the State Child Protection Society shall be the Nodal Officer in the State for the implementation of the Act and the rules.

District Child Protection Unit

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

(2) The District Child Protection Officer shall be the Nodal Officer in the district for the implementation of the Act and the rules.

Special Juvenile Police Unit

86. (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.

(5) The police officer interacting with children shall be as far as possible in plain clothes and not in uniform and for dealing with girl child, woman police personnel shall be engaged.

(6) The Child Welfare Police Officer or any other police officer shall speak in polite and soft manner and shall maintain dignity and self-esteem of the child.

(7) Where questions that may lead to discomfort of the child are to be asked, such questions shall be asked in tactful manner.

(8) When an FIR is registered for offence against a child, a copy of the FIR shall be handed over to the complainant or child victim and subsequent to the completion of investigation, copy of report of investigation and other relevant documents shall be handed over to the complainant or any person authorised to act on his behalf.

(9) No accused or suspected accused shall be brought in contact with the child and where the victim and the person in conflict with law are both children, they shall not be brought in contact with each other.

(10) The Special Juvenile Police Unit shall have a list of:

(11) The names and contact details of the Special Juvenile Police Unit or Child Welfare Police Officer shall be placed at a conspicuous part at the police stations, Child Care Institutions, Committees, Boards and the Children’s Courts.

(12) The Special Juvenile Police Unit shall work in close co-ordination with the District Child Protection Unit, the Board and the Committee in the matters concerning the welfare of children within its jurisdiction.

(13) The Special Juvenile Police Unit may coordinate with the District Legal Services Authority to provide legal aid to children.

Selection Committee and its composition

87. (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:

(2) The Committee shall continue for a maximum period of three months after the completion of its tenure by which time new Committee shall be constituted.

(3) If a vacancy arises in the Selection Committee, the Member Secretary shall intimate the Secretary of the Department implementing the Act who shall take steps to fill the vacancy for the remaining period at the earliest.

(4) The quorum for the meeting of the Selection Committee shall be not less than four Members, including the Chairperson and the Member Secretary.

(5) The Member Secretary of the Selection Committee shall convene the meetings of the Selection Committee at such times as may be necessary for facilitating and carrying out the functions of the Selection Committee.

(6) The Member Secretary shall maintain the minutes of the selection process and all other meetings of the Selection Committee.

(7) The Chairperson and non-official members of the Selection Committee shall be paid such sitting fees and travel allowances as may be fixed by the State Government from time to time.

(8) All communications relating to the working and discharge of the functions of the Selection Committee shall be addressed to the Office of the Member Secretary, who shall place the same before the Selection Committee.

(9) All records relating to selection shall be placed on the website of the State Government Department concerned.

Selection of Chairperson and Members of the Committee or Board

88. (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 fulfil the basic eligibility requirements before the Selection Committee.

(4) The Selection Committee shall evaluate the candidates on the basis of qualifications, experience of working with children and personal interaction with the candidate.

(5) A member selected by the Selection Committee should not:

(6) Where the Selection Committee is required to consider an application for renewal of tenure of Members of the Board or Committee as the case may be, it shall evaluate the application on the basis of the following criteria, namely:

(7) The Selection Committee shall, on the basis of the evaluation procedure and criteria, select and recommend a panel of names in order of merit to the State Government for appointment as Members of the Board or Chairperson or Members of the Committee as the case may be.

(8) In recommending a panel of names, the Selection Committee shall prepare separate panels for the position of Chairperson of the Committee, Members of the Committee and Members of the Board respectively.

(9) The Selection Committee shall prepare a three member panel for each position, which shall be vaild for a period of one year.

(10) The list of finalised names shall be duly signed by all members of the Selection Committee present at the time of selection and the Member Secretary of the Selection Committee shall forward the finalised list to the State Government for appointment. The State Government shall constitute one or more Boards or Committees, as the case may be, in each district through notification in Official Gazette within a period of two months of receipt of recommendations of Selection Committee.

(11) Names on the panel shall be valid for consideration for a period of one year which may be extended by six months where a new panel has not yet been constituted, in order to fill in vacancies which may arise during such period either due to non-reporting of the selected persons within a stipulated time from the date of appointment, or otherwise during the tenure of the Board or Committee.

(12) If a vacancy in the Board or Committee arises, the District Child Protection Unit shall inform the State Government for filling up such vacancy.

(13) The State Government shall fill the vacancies on the basis of the panel of names recommended by the Selection Committee within a period of three months from receiving such information from the District Child Protection Unit.

(14) If any complaint is made against a member of the Board or Committee, the State Government shall hold necessary inquiry except in respect of judicial officers; complaints against judicial officers shall be forwarded to the Registrar of the High Court for action.

(15) The State Government shall complete the inquiry within a period of one month and take appropriate action within two months.

(16) If a criminal case is registered against the person concerned, Government may suspend the appointment for such term as appropriate after due inquiry.

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:

(3) The following categories of personnel shall have to undergo training for minimum period of fifteen days, namely:-

(4) The State Government shall also provide training to other personnel such as social workers, Child Welfare Officers, Case Workers, rehabilitation cum placement Officers, care givers, house fathers and house mothers of Child Care Institutions, security personnel and other staff of Child Care Institutions, Frontline Workers, bridge course educators, outreach workers and community volunteers, Social Workers of Specialised Adoption Agencies, Directors or Incharge of Specialised Adoption Agencies, chief functionaries of organisations granted registration for running Child Care Institutions under the Act, mental health practitioners, psychologists, psychiatrists, psychiatric social workers, legal services lawyers, members of Committees or societies constituted under the Act and the rules thereunder.

(5) The State Governments, while organising training programmes for the stakeholders at State or District level, shall ensure that training modules and training manuals to be developed by State Child Protection Society are in consultation with National Institute of Public Cooperation and Child Development or Institutions having requisite expertise in order to maintain uniformity in the training process throughout the country.

(6) The Judicial Academy in States may develop training module and training manual for the training of Principal Magistrates including on child psychology, use of child friendly procedures and ensuring child friendly environment, care, protection and rehabilitation of children and organise such training programmes at the State level.

(7) The Police Academy in States may develop training module and training manual in consultation with National Police Academy for the training of police and Child Welfare Police Officers including on child psychology, use of child friendly procedures and ensuring child friendly environment, care, protection and rehabilitation of children and organise such training programmes at the State level.

(8) The State Legal Services Authority shall organise training programme for legal service lawyers and para legal volunteers.

(9) The State Child Protection Society in consultation with institutions with requisite expertise shall organise training programme for Probation Officers.

(10) The Central Adoption Resource Authority, may develop appropriate training modules and manuals for Specialised Adoption Agencies and staff of State Adoption Resource Agency and organise training programmes.

Pending Cases

90. (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 offence, 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.

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

91. (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:

Inquiry in case of a Missing Child

92. (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:

(5) Where a child cannot be traced within a period of four months, the investigation of the case shall be transferred to the Anti Human Trafficking Unit in the District which shall make reports every three months to the District Legal Services Authority regarding the progress made in the investigation.

(6) When a child is traced:

(7) The Central Government or the State Government may develop appropriate Standard Operating Procedures for the manner of inquiry in cases of missing children to give effect to these rules.

Non-Compliance of the Act and the Rules

93. 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.

Repeal

94. The Juvenile Justice (Care and Protection of Children) Rules, 2007 notified vide G.S.R. 679(E) dated 26th October, 2007 and as amended vide GSR 903(E) dated 26th December 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.

THE GAZETTE OF INDIA : EXTRAORDINARY [Part II—Sec. 3(i)]

FORM 1- [Rules 8 (1), 8 (5)]- SOCIAL BACKGROUND REPORT

FORM 2- [Rule 8 (7)]- UNDERTAKING BY THE PARENT OR GUARDIAN OR FIT PERSON GIVEN INTERIM CUSTODY PENDING INQUIRY

FORM 3- [Rule 10 (1)(iii)]-SUPERVISION ORDER

FORM 4- [Rule 10 (1)(iv)]- ORDER OF PLACING A CHILD IN CHILD CARE INSTITUTION PENDING INQUIRY

FORM 5- [Rule 10 (2)]-ORDER FOR SOCIAL INVESTIGATION REPORT

FORM 6-[Rules 10 (9), 11 (2), 64(1), 64(3)(i)]-SOCIAL INVESTIGATION REPORT FOR CHILDREN IN CONFLICT WITH LAW

FORM 7-[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

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

FORM 9-[Rules 11(7)]-PERSONAL BOND BY CHILD

FORM 10–[Rules 11(9) and 64 (3) (xiii)]-PERIODIC REPORT BY PROBATION OFFICER WHEN A CHILD IS RELEASED ON PROBATION

FORM 11-[Rule 12(1)]-CASE MONITORING SHEET

FORM 12- [Rule 12(2)]- QUARTERLY REPORT BY JUVENILE JUSTICE BOARD

FORM 13-[Rules 13(8)(iv)]-PERIODIC REVIEW OF A CHILD IN PLACE OF SAFETY

FORM 14- [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

FORM 15-[Rule 17 (1)(i)]-CASE SUMMARY MAINTAINED BY THE CHILD WELFARE COMMITTEE

FORM 16-[Rules 17(1)(v), 20(2)]-QUARTERLY REPORT BY CHILD WELFARE COMMITTEE

FORM 17-[Rules 18(2), 19(25)]-REPORT TO BE SUBMITTED AT TIME OF PRODUCTION OF CHILD BEFORE THE COMMITTEE

FORM 18-[Rules 18 (5), 18 (9) and 19 (26) ]-ORDER OF PLACEMENT OF A CHILD IN AN INSTITUTION

FORM 19-[Rule 18(8)]-ORDER FOR PLACEMENT OF CHILD UNDER THE CARE OF A PARENT, GUARDIAN OR FIT PERSON PENDING INQUIRY

FORM 20-[Rule 18(8) and 19 (7)]-UNDERTAKING BY THE PARENT OR GUARDIAN OR ‘FIT PERSON’

FORM 21-[Rule 19(3)]-ORDER FOR SOCIAL INVESTIGATION REPORT OF CHILD IN NEED OF CARE AND PROTECTION

FORM 22-[Rule 19(8)]-SOCIAL INVSTIGATION REPORT FOR CHILD IN NEED OF CARE AND PROTECTION

FORM 23-[Rule 19(22)]-APPLICATION FOR SURRENDER OF CHILD

FORM 24-[Rule 19(22)]-DEED OF SURRENDER

FORM 25-[Rule 19(29)]-CERTIFICATE DECLARING THE CHILD LEGALLY FREE FOR ADOPTION

FORM 26-[Rule 20(1)]-CASE MONITORING SHEET FOR COMMITTEE

FORM 27-[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)

FORM 29-[Rule 22(9)]-MONTHLY REPORT SUBMITTED BY OPEN SHELTER TO DCPU

FORM 30-[Rule 23(9)]-HOME STUDY REPORT FOR PROSPECTIVE FOSTER PARENTS

FORM 31-[Rule 23(4)]-CHILD STUDY REPORT

FORM 32-[Rule 23(15)]-ORDER OF FOSTER CARE PLACEMENT WITH A FAMILY OR GROUP FOSTER CARE

FORM 33-[Rule 23(16)]-UNDERTAKING BY THE FOSTER FAMILY/GROUP FOSTER CARE ORGANISATION

FORM 34-[Rule 23(17)]-RECORD OF A CHILD IN FOSTER CARE

FORM 35-[Rule 23(18)]-MONTHLY INSPECTION OF FOSTER FAMILIES/GROUP FOSTER CARE

FORM 36-[Rule 24(5)]-ORDER OF SPONSORSHIP PLACEMENT

FORM 37-[Rule 25(2)]-ORDER OF AFTER CARE PLACEMENT

FORM 38-[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

FORM 40-[Rule 61(3)(xii)]-LIST OF CHILDREN SUBMITTED BY CCI TO BOARD OR COMMITTEE WEEKLY

FORM 41-[Rule 69 (C) (1)]-PROTECTIVE CUSTODY CARD

FORM 42-[Rules 69 (D) (4)]-OVERNIGHT PROTECTIVE STAY

FORM 43-[Rule 69 (H) (3)]-CASE HISTORY OF THE CHILD (FOR CHILD CARE INSTITUTION)

FORM 44-[Rule 82 (1)]-RELEASE CUM RESTORATION ORDER

FORM 45-[Rules 82(4)]-ESCORT ORDER

FORM 46-[Rule 41(3) and 41 (9)]-INSPECTION BY INSPECTION COMMITTEE

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