UTTAR PRADESH JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN)RULES, 2019.
INDEX Rule Title Page No.
01 Short title and commencement 1 02 Definitions 1 03 Board 2 04 Composition of the Board 2 05 Term of Member of the Board 2 06 Sitting of the Board 3 07 Fundctions of the Board 3 08 Pre-Production action of Police and other Agencies. 4 09 Production of the child alleged to be in conflict with law before the Board.
5 10 Post-production processes by the Board 5 10 A Preliminary assessment into heinous offences by Board 6 11 Completion of Inquiry 7 12 Pendency of Inquiry 7 13 Procedure in relation to Children’s Court and Monitoring Authorities 8 14 Destruction of records 9 15 Composition and Qualifications of Members of the Committee 9 16 Rules and Procedures of Committee 10 17 Additional Functions and Responsibilities of the Committee 10 18 Production before the Committee 11 19 Procedure for inquiry 12 20 Pendency of cases 13 21 Manner of Registration of Child Care Institutions 14 22 Open Shelter 15 23 Foster Care 15-16 24 Sponsorship 17 25 After Care of Children Leaving Institutional Care 17 26 Management and Monitoring of Child Care Institutions 18 27 Fit Facility 19 28 Fit Person 20 29 Physical infrastructure 20-21 30 Clothing, Bedding, Toiletries and other Articles 22-23 31 Sanitation and Hygiene 24 32 Daily Routine 25 33 Nutrition and Diet Scale 25-26 34 Medical Care 27 35 Mental Health 28 36 Education 28 37 Vocational Training 29 38 Recreational Facilities 29 39 Management Committee 29-30 40 Children's Committees 31 41 Inspection 31 42 Evaluation 32 43 Adoption Related Reporting 32 44 Children who are not being adopted after being declared legally free for adoption may be eligible for Foster Care 32 45 Procedure before the Court 33 46 Period for disposal of applications 33 47 Special provision for protection of adopted children 33 48 Linkage of Child Care Institutions to Specialised Adoption Agencies 33 49 Additional Functions of the Authority 33 50 Terms and conditions of appointment of Members of the Steering Committee of the Authority 34 51 Transaction of business of the Steering Committee of the Authority 35 52 Annual Report of the Authority 36 53 Accounts and audit of the Authority 36 54 Procedure in cases of offences against children 36-37 55 Procedure in case of offence under section 75 of the Act 38 56 Procedure in case of offence under section 77 of the Act 38 57 Procedure in case of offence under section 78 of the Act 39 58 Procedure in case of offence under section 80 of the Act 39 59 Procedure in case of offence under section 81 of the Act 39 60 Procedure in case of offence under section 82 of the Act 40 61 Duties of the Person-in-charge of a Child Care Institution. 40-41 62 Duties of the Child Welfare Officer or Case Worker 41- 42 63 Duties of the House Mother or House Father 43 64 Duties of a Probation Officer 43 65 Rehabilitation-cum-Placement Officer 44 66 Staff Discipline 45 67 Security measures 45 68 Searches and Seizures 46 69 Institutional Management of Children 46-49 70 Prohibited Articles 50 71 Articles found on search and inspection 50 72 Disposal of Articles 51 73 Maaintenance of case file 51-52 74 Visits to and communication with children 52-53 75 Death of a Child 54 76 Abuse and Exploitation of the Child 54 77 Maintenance of Registers 55 78 Openness and Transparency 56 79 Release of a child from a Child Care Institution 56 80 Child suffering from disease requiring prolonged medical treatment in an approved place and transfer of a child who is mentally ill or addicted to alcohol or other drugs.
56 81 Transfer of Child. 57 82 Restoration and Follow-up. 57 83 Juvenile Justice Fund. 58 84 State Child Protection Society. 58 85 District Child Protection Unit. 59 86 Special Juvenile Police Unit. 60 87 Selection Committee and its composition. 61 88 Selection of Chairperson and Members of the Committee or Board.
62 89 Training of Personnel Dealing with Children. 63 90 Pending Cases. 64 91 Monitoring by National Commission for Protection of Child Rights and State Commissions for Protection of Child Rights.
64 92 Inquiry in case of a Missing Child. 64 93 Non-Compliance of the Act and the Rules. 65 94 Repeal. 65 FORM 1 66-68 FORM 2 69 FORM 3 70 FORM 4 71 FORM 5 72 FORM 6 73-76 FORM 7 77-80 FORM 8 81 FORM 9 82 FORM 10 83-84 FORM 11 85-86 FORM 12 87 FORM 13 88-90 FORM 14 91-94 FORM 15 95 FORM 16 96 FORM 17 97 FORM 18 98 FORM 19 99 FORM 20 100 FORM 21 100 FORM 22 101-105 FORM 23 106 FORM 24 107 FORM 25 108 FORM 26 109 FORM 27 110-111 FORM 28 112 FORM 29 113 FORM 30 114-117 FORM 31 118 FORM 32 119 FORM 33 119 FORM 34 120 FORM 35 121-125 FORM 36 125 FORM 37 126 FORM 38 126-128 FORM 39 129 FORM 40 129 FORM 41 130 FORM 42 130 FORM 43 131-138 FORM 44 139 FORM 45 140 FORM 46 141-146 1 In pursuance of the provisions of clause (3) of article 348 of the Constitution the Government released to order the publication of the following English translation of Notification no.1665/60-1-19- 1/13(151)/18T.C.,datedAugust 29, 2019 No.1665/60-1-19-1/13(151)/18 T.C.
Lucknow: Dated August29, 2019 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 (Act No. 2 of 2016), the Governor is pleased to make the following rule with conforms to the Model Rules made by the Government of India published in the Gazette of India (Extraordinary) Part-II Section-3(i) dated 21-09-2016.
The 1[Uttar Pradesh Juvenile Justice (Care and Protection of Children)] Rules, 2019
CHAPTER – I PRELIMINARY Short title and commencement.-
1. (1) These rules may be called the 1[Uttar Pradesh Juvenile Justice (Care and Protection of Children)] Rules, 2019.
(2) They shall come into force on the date of their publication in the Official Gazette.
Definitions.-
2. (1) In these rules, unless the context otherwise requires,-
(i) “Act” means the Juvenile Justice (Care and Protection of Children) Act, 2015 (Act No.2 of 2016);
(ii) “Authority” means the Central Adoption Resource Authority constituted under section 68 of the Act;
(iii) “Case Worker” means a representative from a registered voluntary or non-governmental organisation who shall accompany the child to the Board or the Committee and may perform such tasks as may be assigned to him by the Board or the Committee;
(iv) “Child Adoption Resource Information and Guidance System” means an online system for facilitating and monitoring the adoption programme;
(v) “Child Study Report” means the report which contains details about the child, such as his date of birth and social background;
(vi) “Community service” means service rendered by children in conflict with law who are above the age of fourteen years and includes activities like maintaining a park, serving the elderly, helping at a local hospital or nursing home, serving disabled children, serving as traffic volunteers etc.
(vii) “Form” means the forms annexed to these rules;
(viii) “Home Study Report” means a report containing details of prospective adoptive parents or foster parents, and shall include social and economic status, family background, description of home and atmosphere, and health status;
(ix) “individual care plan” is a comprehensive development plan for a child based on age and gender specific needs and case history of the child, prepared in consultation with the child, in order to restore the child’s self-esteem, dignity and self-worth and nurture him into a responsible citizen and accordingly the plan shall address the following, including but not limited to, needs of a child, namely:-
(a) health and nutrition needs, including any special needs;
(b) emotional and psychological needs;
(c) educational and training needs;
(d) leisure, creativity and play;
(e) protection from all kinds of abuse, neglect and maltreatment;
(f) restoration and follow up;
1 Subs by Juvenile Justice (Care and Protection of Children) first amendment Rules, 2021.(24-02-2021) (Note- wherever occuring for the words "Juvenile Justice (Care and Protection of Children" the words "Uttar Pradesh Juvenile Justice (Care and Protection of Children " shall be substituted) 2
(g) social mainstreaming;
(h) life skill training.
(x) “in country adoption” means adoption of a child by a citizen of India residing in India;
(xi) “Medical Examination Report” means the report of a child given by a duly licensed physician;
(xii) “Person-in-charge” means a person appointed for the control and management of the Child Care Institution;
(xiii) “POCSO” means the Protection of Children from Sexual Offences Act, 2012 (Act No.32 of 2012);
(xiv) “rehabilitation-cum-placement officer” means an officer designated in every Child Care Institution for the purpose of rehabilitation of children;
(xv) “Selection Committee” means a committee constituted by the State Government under rule 87 of these rules;
(xvi) “social background report” means the report of a child in conflict with law containing the background of the child prepared by the Child Welfare Police Officer;
(xvii) “social investigation report” means the report of a child containing detailed information pertaining to the circumstances of the child, the situation of the child on economic, social, psycho-social and other relevant factors, and the recommendation thereon;
(xviii) “Social worker” means a person with post graduate degree in Social Work or Sociology or Psychology or Child Development or a graduate with minimum seven years of experience in child education and development or protection issues, who is engaged by a Child Care Institution or authorised by District Child Protection Unit or State Child Protection Society or State Adoption Resource Agency or Central Adoption Resource Authority for preparing social investigation report or individual care plan of the child, child study report, home study report of prospective adoptive parent or foster parents, rendering post-adoption services, and performing any other functions as assigned to such person under the Act or these rules;
Explanation: For the purposes of this definition, it is clarified that the qualifications of the social worker member of the Board shall be as under section 4 of the Act.
(xix) “special educator” shall have the same meaning as assigned to it in the Protection of Children from Sexual Offences Rules, 2012;
(xx) “State Child Protection Society” means a society constituted under section 106 of the Act;
(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 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, 3 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/- (One Thousand and Five Hundred Rupees) 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:
(i) whenever necessary, the Board shall provide a translator or interpreter or special educator who shall be paid not less than Rs. 1500/- (One Thousand and Five Hundred) per day and in case of translator, not exceeding Rs.100 (One Hundred) per page. For the said purpose, the District Child Protection Unit shall maintain a panel of translators, interpreters and special educators who shall forward the same to the Board, the qualifications of the translator, interpreter and special educator shall be as prescribed under the POCSO and rules framed there under;
(ii) wherever required issue rehabilitation card in Form 14 to the child in conflict with law to monitor the progress made by the child;
(iii) wherever required, pass appropriate orders for re-admission or continuation of the child in school where the child has been disallowed from continuing his education in a school on account of the pendency of the inquiry or the child having stayed in a Child Care Institution for any length of time;
(iv) interact with Boards in other districts to facilitate speedy inquiry and disposal of cases through due process of law, including sending a child for the purpose of an inquiry or rehabilitation to a Board in another district or State;
(v) inspect Child Care Institutions for children in conflict with law, issue directions in cases of any 4 noticeable lapses, suggest improvements, seek compliance and recommend suitable action, including against any employee found in dereliction of duty to the District Child Protection Unit;
(vi) maintain a suggestion box or grievance redressal box in the premises of the Board at a prominent place to encourage inputs from children and adults alike which shall be operated by the nominee of the Principal Magistrate;
(vii) ensure smooth functioning of Children’s Committees in the Child Care Institutions for children in conflict with law, for realising children’s participation in the affairs and management of such Child Care Institutions;
(viii) review the Children's suggestion book at least once in a month;
(ix) ensure that the Legal cum Probation Officer in the District Child Protection Unit and the State or District Legal Aid Services Authority extends free legal services to a child; and
(x) deploy, if necessary, the services of student volunteers or non-governmental organisation volunteers for para-legal and other tasks such as contacting the parents of child in conflict with law and collecting relevant social and rehabilitative information about the child.S
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 in Form 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:
(i) the parents or guardian of the child that the child has been apprehended along with the address of the Board where the child will be produced and the date and time when the parents or guardian need to be present before the Board;
(ii) the Probation Officer concerned, that the child has been apprehended so as to enable him to obtain information regarding social background of the child and other material circumstances likely to be of assistance to the Board for conducting the inquiry; and
(iii) a Child Welfare Officer or a Case Worker, to accompany the Special Juvenile Police Unit or ChildWelfare Police Officer while producing the child before the Board within twenty- four hours of his apprehension.
(3) The police officer apprehending a child alleged to be in conflict with law shall:
(i) not send the child to a police lock-up and not delay the child being transferred to the Child Welfare Police Officer from the nearest police station. The police officer may under sub-section
(2) of section 12 of the Act send the person apprehended to an observation home only for such period till he is produced before the Board i.e. within twenty-four hours of his being apprehended and appropriate orders are obtained as per rule 9 of these rules;
(ii) not hand-cuff, chain or otherwise fetter a child and shall not use any coercion or force on the child;
(iii) inform the child promptly and directly of the charges levelled against him through his parent or guardian and if a First Information Report is registered, copy of the same shall be made available to the child or copy of the police report shall be given to the parent or guardian;
(iv) provide appropriate medical assistance, assistance of interpreter or a special educator, or any other assistance which the child may require, as the case maybe;
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(v) not compel the child to confess his guilt and he shall be interviewed only at the Special Juvenile Police Unit or at a child-friendly premises or at a child friendly corner in the police station, which does not give the feel of a police station or of being under custodial interrogation. The parent or guardian, may be present during the interview of the child by the police;
(vi) not ask the child to sign any statement; and
(vii) inform the District Legal Services Authority for providing free legal aid to the child.
(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 ofapprehending 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 nongovernmental 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 nongovernmental 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.- 6
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:
(i) disposing of the case, if on the consideration of the documents and record submitted at the time of his first appearance, his being in conflict with law appears to be unfounded or where the child is alleged to be involved in petty offences;
(ii) referring the child to the Committee where it appears to the Board that the child is in need of care and protection;
(iii) releasing the child in the supervision or custody of fit persons or fit institutions or Probation Officers as the case may be, through an order in Form 3, with a direction to appear or present a child for an inquiry on the next date; and
(iv) directing the child to be kept in the Child Care Institution, as appropriate, if necessary, pending inquiry as per order in Form 4.
(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 undersection 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 byhim 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 7 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 underthe 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 wellbeing 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 10and 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:
(i) time schedule for disposal of the case shall be fixed on the first date of hearing;
(ii) scheduled date given in column No. (2) of ‘progress of inquiry' shall be the outer limit within which the steps indicated in column (1) are to be completed.
(2) The Board shall submit a quarterly report in Form 12 about the pendency of the cases, visits to Homes etc. to the following:
(i) Chief Judicial Magistrate or Chief Metropolitan Magistrate;
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(ii) District Magistrate.
(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:
(i) It may conduct the inquiry as if it were functioning as a Board and dispose of the matter in accordance with the provisions of the Act and these rules.
(ii) The Children’s Court, while conducting the inquiry shall follow the procedure for trial in summons case under the Code of Criminal Procedure,1973.
(iii) The proceedings shall be conducted in camera and in a child friendly atmosphere, and there shall be no joint trial of a child alleged to be in conflict with law, with a person who is not a child.
(iv) When witnesses are produced for examination the Children’s Court 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 (Act No.1 of 1872).
(v) While examining a child in conflict with law and recording his statement, the Children’s Court 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 is alleged against the child, but also in respect of the home and social surroundings and the influence to which the child might have been subjected.
(vi) The dispositional order passed by the Children’s Court 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 recognized voluntary organisation on the basis of interaction with the child and his family, where possible.
(vii) The Children’s Court, in such cases, may pass any orders as provided in sub-sections (1) and
(2) of section 18 of the Act.
(8) Where the Children’s Court decides that there is a need for trial of the child as an adult:
(i) It shall follow the procedure prescribed by the Code of Criminal Procedure, 1973 of trial by sessions and maintaining a child friendly atmosphere.
(ii) The final order passed by the Children’s Court shall necessarily include an individual care plan for the child as per Form 7 prepared by a Probation Officer or Child Welfare Officer or recognized voluntary organization on the basis of interaction with the child and his family, where possible.
(iii) Where the child has been found to be involved in the offence, the child may be sent to a place of safety till the age of twenty-one years.
(iv) While the child remains at the place of safety, there shall be yearly review by the Probation Officer or the District Child Protection Unit or a social worker in Form 13 to evaluate the 9 progress of the child and the reports shall be forwarded to the Children’s Court.
(v) The Children’s Court may also direct the child to be produced before it periodically and at least once every three months for the purpose of assessing the progress made by the child and the facilities provided by the institution for the implementation of the individual care plan.
(vi) When the child attains the age of twenty-one years and is yet to complete the term of stay, the Children’s Court shall:
a. interact with the child in order to evaluate whether the child has undergone reformative changes and if the child can be a contributing member of the society.
b. take into account the periodic reports of the progress of the child, prepared by the Probation Officer or the District Child Protection Unit or a social worker, if needed and further direct that institutional mechanism if inadequate be strengthened.
c. After making the evaluation, the Children’s Court may decide to: (ca) release the child forthwith;
(cb) release the child on execution of a personal bond with or without sureties for good behaviour;
(cc) release the child and issue directions regarding education, vocational training, apprenticeship, employment, counselling and other therapeutic interventions with a view to promoting adaptive and positive behaviour etc.;
(cd) release the child and appoint a monitoring authority for the remainder of the prescribed term of stay. The monitoring authority, where appointed shall maintain a Rehabilitation Card for the child in Form14.
(vii) For the purpose of sub-rule (vi) (c) (cd) of this rule:
a. A Probation Officer or Case Worker or Child Welfare Officer or a fit person may be appointed as a monitoring authority.
b. The District Child Protection Unit shall maintain a list of such persons who can be engaged as monitoring authorities which shall be sent to the Children’s Court along with bi-annual updates.
c. The child shall for the first quarter after release, meet with the monitoring authority on a fortnightly basis or at such intervals as may be directed by the Children’s Court. The monitoring authority shall fix a time and venue for such meetings in consultation with the child.
The monitoring authority will forward its observations on the progress of the child on a monthly basis to the Children’s Court.
d. At the end of the first quarter the monitoring authority shall make recommendations regarding the further follow up procedure required for thechild.
e. Where the child, after release is found to be indulging in criminal activities or associating with people with criminal antecedents, he shall be brought before the Children’s Court for further orders.
f. If it is found that the child no longer requires to be monitored, the monitoring authority shall place the detailed report with recommendations before the Children’s Court which shall issue further directions either terminating the monitoring or for its continuation.
g. After the first quarter, the child shall meet the monitoring authority at such intervals as may be directed by the Children’s Court based on the recommendations made by the monitoring authority at the end of the first quarter and the monitoring authority shall forward its report to the Children’s Court which shall review the same every quarter.
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 maybe:
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 10 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 /- (One Thousand and Five Hundred) 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:
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(i) document and maintain detailed case record along with a case summary of every case dealt by the Committee in Form 15;
(ii) maintain a suggestion box or grievance redressal box at a prominent place in the premises of the Committee to encourage inputs from children and adults alike which shall be operated by the District Magistrate or his nominee;
(iii) ensure smooth functioning of Children’s Committees in the Child Care Institutions for children in need of care and protection within its jurisdiction, for realising children’s participation in the affairs and management of the said Child Care Institutions;
(iv) review the Children's Suggestion Book at least once a month;
(v) send quarterly information in Form 16 about children in need of care and protection received by it to the District Magistrate with all relevant details on nature of disposal of cases, pending cases and reasons for such pendency;
(vi) wherever required, issue rehabilitation card in Form 14 to children in need of care and protection to monitor their progress;
(vii) maintain the following records in a register:
a. entries of the cases listed in a day and next date and the Committee shall prepare a daily cause list of the cases before it;
b. entries and particulars of children brought before the Committee and details of the ChildCare Institution where the children are placed or the address where the children are sent;
c. execution of bonds;
d. movement including visits to institutions;
e. children declared legally free for adoption;
f. children recommended for or placed in sponsorship;
g. children placed in individual or group foster care;
h. children transferred to or received from another Committee;
i. children for whom follow up is to be done;
j. children placed in aftercare;
k. inspection record of the Committee;
l. record of Minutes of the meetings of the Committee;
m. correspondence received and sent;
n. any other record or register which the Committee may require.
(viii) All information listed in clause (vii) of this rule may be digitized and a software may be developed by the State Government.
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.
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(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-incharge 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 inForm 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 subcommittees.
(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.
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(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 maybe.
(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 Specialized 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 Specialized 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 perrule 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:
(i) time schedule for disposal of the case should be fixed on the first date of hearing;
(i) scheduled date given in column (2) of ‘progress of inquiry' shall be the outer limit within which the steps indicated in column (1) is to be completed.
(2) The Committee shall submit a quarterly report to District Magistrate in Form 16 for review of pendency of cases.
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(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 subsection (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 subsection (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:
(i) registration of the organisation under any law for the time being in force;
(ii) details of physical infrastructure, water and electricity facilities, sanitation and hygiene, recreation facilities;
(iii) financial position of the organization and maintenance of documents along with audited statement of accounts for the previous three years;
(iv) resolution of the Governing Body to run the institution or an open shelter;
(v) plan to provide services for children such as medical, vocational, educational, counselling, etc., in case of new applicants and details of such services provided in case of existing institutions;
(vi) arrangements of safety, security and transportation;
(vii) details of other support services run by the organisation;
(viii) details of linkages and networking with other governmental, non-governmental, corporate and other community based agencies on providing need-based services to children;
(ix) details of existing staff with their qualification and experience;
(x) details of registration under Foreign Contribution Regulation Act and funds available, if any;
(xi) 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;
(xii) any other criteria as prescribed by the State Government.
(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 organization 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 15 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 shallbe 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 subsection (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 nongovernmental 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 inForm 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 anytime.
(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 44 of 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.
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(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:
(i) both the spouses must be Indian citizens;
(ii) both the spouses must be willing to foster the same child;
(iii) both the spouses must be above the age of thirty-five years and must be in good physical, emotional and mental health;
(iv) ordinarily the foster family should have an income with which they are able to meet the needs of the child;
(v) medical reports of all the members of the foster family residing in the premises should be obtained including reports for Human Immune Deficiency Virus (HIV), Tuberculosis (TB) and Hepatitis B etc. to determine that they are medically fit; and
(vi) the foster family should have adequate space and basic facilities.
(13) The District Child Protection Unit, while selecting Group foster care setting shall consider the following illustrative criteria:
(i) registration of the group setting under the Act;
(ii) recognition as a fit facility by Committee;
(iii) existence of child protection policy; and
(iv) sufficient space and proper amenities for children.
(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:
(i) provide adequate food, clothing and shelter and education;
(ii) provide care, support and treatment for child’s overall physical, emotional and mental health;
(iii) ensure protection from exploitation, maltreatment, harm, neglect and abuse;
(iv) provide age appropriate facilities for recreation, extra-curricular activities such as sports, music, dance, drama, art, etc.;
(v) provide vocational training according to the interests of the child;
(vi) respect the privacy of the child and his biological family or guardian, and acknowledge that any information provided about them is confidential and is not to be disclosed to another party without prior consent;
(vii) provide treatment in emergent situations and inform the Committee and biological family about the same which may pass appropriate orders wherever necessary;
(viii) support contact between the child and his biological family in consultation with the Committee keeping in view the best interest of the child;
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(ix) share and discuss the information pertaining to the progress of the child periodically with the Committee and biological family of the child and produce the child before the Committee as and when directed by the Committee; and
(x) ensure that the child’s whereabouts are known at all times, including reporting any changes of address, holiday plans and any episodes of running away of the child to the Committee.
Sponsorship.-
24.(1) The State Government shall prepare sponsorship programmes, which may include:
(i) individual to individual sponsorship;
(ii) group sponsorship;
(iii) community sponsorship;
(iv) support to families through sponsorship; and
(v) support to Children Homes and Special Homes
(2) The sponsorship programme shall be implemented by the District Child Protection Unit which shall provide a panel of persons or families or 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 aftercare 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 careprogramme, 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:
(i) community group housing on a temporary basis for groups of six to eight persons;
(ii) provision of stipend during the course of vocational training or scholarships for higher education and support till the person gets employment;
(iii) arrangements for skill training and placement in commercial establishments through coordination with National Skill Development Programme, Indian Institute for Skill Training and other such Central or State Government programmes and corporates, etc.;
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(iv) provision of a counsellor to stay in regular contact with such persons to discuss their rehabilitation plans;
(v) provision of creative outlets for channelising their energy and to tide over the crisis periods in their lives;
(vi) arrangement of loans and subsidies for persons in after-care, aspiring to set up entrepreneurial activities; and
(vii) encouragement to sustain themselves without State or institutional support.
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 Personin-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 (One Hundred) children may be as below:
S. No Personnel/ Staff Number
1. Person-in-charge (Superintendent) 1
2. Probation Officer/Child Welfare Officer/Case Workers (NGOs) A Child Welfare Officer may be designated as Rehabilitation-cum-Placement Officer 3
3. Counselor/ Psychologists/mental health expert 2
4. House Mother/ House Father 4
5. Educator/ Tutor 2(Part time)
6. Medical Officer (Physician) 1 (on call)
7. Para-medical staff/ Staff Nurse/Nursing Orderly 1
8. Store Keeper cum Accountant 1
9. Art & Craft & activity teacher 1(Part time)
10. PT Instructor-cum-Yoga trainer 1(Part time)
11. Cook 2
12. Helper 2
13. House keeping 2
14. Driver 1
15. Gardener 1(Part time)
(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.
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(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, recognize 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:
(i) meet the basic standards of care and protection to the child;
(ii) provide basic services to any child placed with it;
(iii) prevent child placed with it to any form of cruelty or exploitation or neglect or abuse of any kind;
and
(iv) abide by the orders passed by the Board or the Committee.
(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 organization 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:
(i) short term care;
(ii) medical care treatment and specialized treatment;
(iii) psychiatric and mental health care;
(iv) de-addiction and rehabilitation;
(v) education;
(vi) vocational training and skill development;
(vii) witness protection; and
(viii) group foster care.
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(11) The services to be provided by the fit facility may include:
(i) food, clothing, water, sanitation and hygiene;
(ii) mental health interventions including counselling;
(iii) medical facilities including first aid and to facilitate specialized treatment;
(iv) formal age appropriate education including bridge education and continuing education and life skill education; and
(v) recreation, sports, fine arts and group work activities.
(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:
i) have the capacity and willingness to receive the child; and ii) provide basic services for care and protection of the child.
(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:-
(i) Observation Home:
a. separate observation homes for girls and boys;
b. classification and segregation of children according to their age group preferably 7-11 years, 12-16 years and 16-18 years, giving due consideration to physical and mental status and the nature of the offence committed.
(ii) Special Home:
a. separate special homes for girls above the age of 10 years and boys in the age groups of 11 to 15 and 16 to 18 years;
b. classification and segregation of children on the basis of age and nature of offences and their 21 mental and physical status.
(iii) Place of Safety:
a. for children in the age group of 16 to18 years alleged to have committed heinous offence pending inquiry;
b. for children in the age group of 16 to 18 years found to be involved in heinous offence upon completion of inquiry;
c. for persons above 18 years alleged to have committed offence when they were below the age of 18 years pending inquiry;
d. for persons above 18 years found to be involved in offence upon completion of inquiry;
e. for children as per the orders of the Board under clause (g) of sub-section (1) of section 18 of the Act.
(iv) Children’s Home:
a. while children of both sex below 10 years may be kept in the same home, separate bathing and sleeping facilities shall be maintained for boys and girls in the age group of 5-10 years;
b. separate children’s homes for boys and girls in the age group of 7-11 years and 12- 18 years;
c. separate facilities for children up to the age of six years with appropriate facilities for infants.
(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 (Fifty) children may be as under:
(i) 2 Dormitories Each 1000 Sq.ft. for 25 children i.e. 2000 Sq. ft.
(ii) 2 Class rooms 300Sq.ft. for 25 children i.e. 600 Sq. ft.
(iii) Sickroom/First aid room 75 Sq.ft. per children for 10 i.e. 750 Sq. ft.
(iv) Kitchen 250 Sq. ft.
(v) Dining hall 800 Sq. ft.
(vi) Store 250 Sq.ft.
(vii) Recreation room 300 Sq.ft.
(viii) Library 500 Sq.ft.
(ix) 5 Bathroom 25 Sq.ft. each i.e. 125 Sq. ft.
(x) 8 Toilets 25 Sq. ft. i.e. 200 Sq.ft.
(xi) Office rooms (a) 300 Sq.ft. (b) Person-in-charge room 200 Sq.ft.
(xii) Counselling and Guidance room 120 Sq.ft.
(xiii) Workshop 1125 Sq. ft. for 15 children @ of 75 Sq.ft. per trainee
(xiv) Residence for Person-in-charge (a) 2 rooms of 250 Sq.ft. each (b) Kitchen 75 Sq.ft. (b) bathroom cum toilet 50 Sq ft.
(xv) 2 rooms for Juvenile Justice Board or Child Welfare Committee 300 Sq. ft each i.e. 600 Sq.ft.
(xvi) Playground Sufficient area according to total number of children Total 8495 Sq.ft.
(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:
(i) make provision of first-aid kit, fire extinguishers in kitchen, recreation room, vocational training room, dormitories, store rooms and counseling room;
(ii) conduct periodic inspection of electrical installations;
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(iii) ensure proper storage and inspection of articles of food; and
(iv) ensure stand-by arrangements for water storage and emergency lighting.
(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:
(i) Computer sets;
(ii) photocopiers;
(iii) printer, scanner cum fax;
(iv) telephone with internet facility;
(v) webcam;
(vi) furniture for officials, record keeping cabinets, work stations, wheel chair and stretchers for medical room;
(vii) chairs and tables for study and dining hall;
(viii) projector.
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:
A. BEDDING S. No. Article Quantity to be provided per child
1. Mattress 1 at the time of admission and subsequently 1 after every 1 year.
2. Cotton Durry 2 at the time of admission and subsequently 2 after every 2 years.
3. Cotton bed sheets 2 at the time of admission and subsequently 1 after every 6 months.
4. Pillow (Cotton stuffed) 1 at the time of admission and subsequently 1 after every 1 year.
5. Pillow covers 1 at the time of admission and subsequently 1 after every 1 year.
6. Cotton blankets/ Khes 2 at the time of admission and subsequently 1 after every 2 years.
7. Cotton filled quilt 1 at the time of admission and subsequently 1 after every 2 years (in cold region in addition to the blankets).
8. Mosquito net 1 at the time of admission and subsequently 1 after every 6 months.
9. Cotton towels 2 at the time of admission and subsequently 1 after every 3 months.
B. Clothing for Girls S. No. Article Quantity per child
1. Skirts and Blouse or SalwarKameez or Half Sari with Blouse and Petticoat 5 sets per year for girls depending on age and regional preferences.
2. Age appropriate undergarments 3 sets every quarter.
3. Sanitary Towels 12 packs per year for older girls.
4. Woollen Sweaters (fu