(460)
Ļ¯ೇಷ ªಾಜÍ ಪĦÎೆ
Department of Women and Child Development, Secretariat.
No. WCD 171 SBB 2024 Dated: 31.07.2025
NOTIFICATION
Whereas the draft of the Karnataka State Juvenile Justice (Care and
Protection of Children) Rules, 2022 was published as required by sub-section (1)
of section 110 of the Juvenile Justice (Care and Protection of Children) Act, 2015
(Central 2 of 2016) in Notification No. WCD 89 SBB 2018, Dated: 09.04.2022 in
part-IV-A of the Karnataka Gazette extra ordinary dated: 25.04.2022 inviting
objections and suggestions from all the persons likely to be affected within fifteen
days from the date of its publication in the Official Gazette.
Whereas, the said Gazette was made available to the public on 25.04.2022.
And, Whereas objections and suggestions received in this behalf have been
considered by the State Government.
And the final Notification of the said rules was published in the Karnataka
Gazette extra ordinary on 21.05.2025.
As there were some corrections in the said rules as well as in the forms, the
State Government decides to withdraw the said notification w.e.f. 21.05.2025.
Now, therefore, in exercise of the powers conferred by Section 110 of the
Juvenile Justice (Care and Protection of Children) Act, 2015 (Central 2 of 2016) the
Government of Karnataka hereby withdraw the Karnataka Gazette extra ordinary
Notification No. WCD 171 SBB 2024 dated 21.05.2025 w.e.f. 21.05.2025 and
hereby makes the following rules, namely:-
¨sÁUÀ – 4ಎ
Part – IVA
, 01
, 2025 (
10
1947)
BENGALURU, FRIDAY, 01, AUGUST, 2025 ( SHRAVANA ,10 , SHAKAVARSHA, 1947)
. 422
No. 422
RULES
CHAPTER-1
PRELIMINARY
1. Title and commencement.-(1) These rules may be called the Karnataka
State Juvenile Justice (Care and Protection of Children) Rules, 2025.
(2) They shall come into force from the date of their publication in the Official
Gazette.
2. Definitions.- (1) In these rules, unless the context otherwise requires-
(i) “Act” means the Juvenile Justice (Care and Protection of Children)
Act, 2015 (Central Act 2 of 2016);
(ii) “Case Worker” means a representative from a registered voluntary or
non- Governmental organization who shall accompany the child to the
Board or the Committee and may perform such tasks as may be assigned
to the Case Worker by the Board or the Committee;
(iii) “Child Study Report” means the report which contains details about the
child, such as the date of birth and social background;
(iv) “Children with special needs” means a child who is suffering from any
disability as provided in the Rights of Persons With Disabilities Act, 2016
(49 of 2016) as given in Schedule XVIII and Schedule III (Part E) of the
Adoption Regulations;
(v) "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 children with disabilities, serving as traffic
volunteers etc;
(vi) “community sponsorship” means financial or in kind support provided to
a group of children or their families living in a community. Example: A
community could be a geographical unit like a hamlet, a tanda, a slum or
a vulnerable group like the children of devadasi, etc;
(vii) “counsellor” means a person having either a post graduate degree in
psychology or social work, or an honors in psychology or social work with
at least one year of work experience in counselling children in difficult
circumstances.
(viii) “Form” means the forms appended to these rules;
(ix) “Foster Care Placement Monitoring Committee” means a committee
constituted as per the Karnataka State Foster Care Guidelines, 2024 to
monitor the placement of children in foster care with a foster family or a
group foster care and provide support to strengthen the placement and
reduce incidences of foster care disruption;
(x) "grievance” means a claim by a person that they sustained injustice or
undue hardship as a consequence of mal-administration;
(xi) "group sponsorship" means financial or in kind support provided to a
group of children residing in a family, foster family, group foster care or a
child care institution;
(xii) "helpline service for children" means a 24x7 helpline for children
that shall be run in coordination with State and District functionaries;
(xiii) “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;
(xiv) “individual care plan” is a comprehensive and evolving development
plan for a child based on age and gender specific needs and case history
of the child, prepared in consultation with the child, inorder to restore
the child’s self-esteem, dignity and self-worth and nurture the child
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) rescue, restoration and follow up;
(g) social mainstreaming and rehabilitation; and
(h)
life skill training;
(xv) “individual sponsorship” means financial or in kind support provided to
an individual child residing in a family or in group foster care or in a
child care institution;
(xvi) “In country adoption” means adoption of a child by a citizen of India
residing in India;
(xvii) “Medical Examination Report” means the report of a child given by a
duly licensed physician;
(xviii) "organisation sponsorship" means financial or in kind support
provided to a child care institution to strengthen infrastructure,
expansion of services and improvement of service quality of the child care
institution or other similar purposes.
(xix) “Person-in-charge” or Superintendent means a person appointed for the
control and management of the child care institution;
(xx) “POCSO” means the Protection of Children from Sexual Offences Act,
2012 (Central Act 32 of 2012);
(xxi) “Rehabilitation-cum-placement officer” means an officer designated for
every child care institution for the purpose of rehabilitation of children;
(xxii) “Revictimization” means a situation in which a person suffers from
more than one criminal incident over a specific period of time;
(xxiii) “Secondary victimization” means victimization that occurs not as direct
result of a criminal act but through the response of institutions and
individuals to the victim;
(xxiv) “Selection Committee” means a committee constituted by the State
Government under rule 100 of these rules;
(xxv) “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;
(xxvi)
“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 recommendations thereon;
(xxvii)
“Social Worker” means a person with post graduate degree in
Social Work or Sociology or Psychology or Child Development or a
graduate with minimum three years of experience in matters relating to
child education and development or protection issues, who is engaged
by a child care institution or authorized by District Child Protection Unit
or State Child Protection Society or State Adoption Resource Agency
or Central Adoption Resource Authority for preparing social investigation
reports or individual care plans, child study reports, home study reports
of prospective adoptive parent or foster parents, rendering post-adoption
services, or performing any other functions as assigned to such person
under the Act or these rules;
Explanation: For the purposes of this clause, it is clarified
that the qualifications of the Social Worker member of the Board
shall be as under section 4 of the Act.
(xxviii)
“Special educator” shall have the same meaning as assigned to it
in the Protection of Children from Sexual Offences Rules, 2020;
(xxix)
“State Child Protection Society” means a society constituted under
section 106 of the Act; and
(xxx)
“Support person” means a specially trained person designated to
assist a child throughout the justice process in order to prevent the risk
of duress, Revictimization or Secondary victimization.
(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
3. Composition of the Board.-(1) The Social Worker members shall be
appointed by the State Government on the recommendations of the Selection
Committee.
(2) The Social Worker members shall not be less than thirty five years of age and
not more than sixty-five years of age as on the last date for receipt of applications for
appointment as a member of the Board.
(3) The two Social Worker members selected for a Board shall be from different
fields of practice or profession or academic qualification.
(4) All members of the Board including the Principal Magistrate, and the
Assistant Public Prosecutors concerned shall be given induction training and
sensitization separately and jointly within a period of sixty days from the date of
appointment respectively.
(5) Any person, whose appointment as a member has been terminated under
sub-section (7) of section 4 or sub-section (7) of section 27 of the Act, shall not be
eligible for further appointment as member of the Board.
4. Term of Members of the Board.-(1) The term of the Social Worker member of the
Board shall not be more than for a period of three years from the date of appointment.
The existing members shall continue to hold office until their successors assume
office or for an additional period of three months whichever is earlier.
(2) A Social Worker member of the Board shall be eligible for appointment for a
maximum of two terms, subject to the performance in the previous term.
Explanation.- For the purpose of counting number of terms, a person who,
in the period preceding the date of these rules coming into force, has been notified as
a Social Worker member of the Board in any district, and has served as such for a
period that sums up to a minimum of one year shall be deemed to have served one
term.
(3) The term of the office of a Social Worker member of the Board may be
renewed for another term by the State Government on the recommendation of the
Selection Committee based on a performance appraisal by the District Judge:
Provided that in such a case where the Social Worker’s term is extended by the
State Government, due to delays in the selection of new members, such extension,
even if it exceeds one year, may be made without a performance appraisal, and such
extension period shall not be deemed as a term.
(4) The District Judge shall carry out performance appraisal under sub-rule
(2) once in every three months but not later than six months using the format
prescribed by the Directorate of Child Protection. The District Judge shall also record
findings of any inquiry under sub-section (7) of section 4 as part of the performance
appraisal. The District Judge shall forward the performance appraisal to the State
Government, through the Director of the Directorate of Child Protection.
(5) If any complaint is made against a member of the Board, the State
Government shall hold necessary inquiry except in respect of judicial officers;
complaints against judicial officers shall be forwarded to the Registrar of the High
Court for action. The State Government shall complete the inquiry within a period of
two months and take appropriate action within one month.
(6) If a criminal case is registered against the member concerned, if necessary
the State Government may suspend the member immediately pending inquiry, for
such term as appropriate; or after holding an inquiry and giving an opportunity of
being heard in the matter.
(7) A Social Worker member may resign at any time, by giving three months’
advance notice in writing to the State Government, through the Director of the
Directorate of Child Protection.
(8) Any member intending to avail leave shall inform the Principal Magistrate in
writing and also mention whether such member is taking leave from sitting of Board
or duty roster or both and forward a copy thereof to the District Child Protection Unit
at least three working days prior to the start of leave:
Provided that the requirement for notice shall be waived in case of an medical
emergency or any other emergency, and the Principal Magistrate and the District Child
Protection Unit shall be informed in writing immediately.
(9) If a member is availing leave for more than three sittings, permission shall
be taken from the Chief Judicial Magistrate or Chief Metropolitan Magistrate and
information shall be given to the District Child Protection Unit and State Government.
If the Public Prosecutor is availing leave, information shall be given to the Board at
least three days in advance.
Provided that in case of a medical emergency or any other emergency, the
request for permission shall be sent to the Chief Judicial Magistrate or Chief
Metropolitan Magistrate and information shall be given to the District Child Protection
Unit and State Government, in writing immediately.
(10) If a Social Worker member availing leave is nominated in the Duty Roster
on the days of leave, the Principal Magistrate shall immediately modify the duty roster
and circulate the modified copy to all concerned immediately.
(11) When the Principal Magistrate is availing leave, as soon as leave is
sanctioned, a written intimation shall be sent to District Child Protection Unit and the
Social Worker members.
(12) Any vacancy in the Board shall be filled by appointment of another person
from the panel of names prepared by the Selection Committee in the order of priority.
Provided that, a panel of selected persons shall be valid for a period of three
years from the date of final selection.
Provided further that, a Social Worker member of the Board shall, on the
basis of a renewal order from the State Government, continue to hold office even after
completion of a term until their successor assumes office, provided that such
extension shall not be for more than six months under any circumstances.
(13) The Social Worker member of the Board appointed by the State
Government may be terminated if the member fails to discharge the duties and
responsibilities attached to the position or misconduct, by adhering the following
procedures:
(i)
The District Magistrate shall suo-moto or on receipt of any complaint
against any Social Worker member, conductan inquiry and forward the
complaint, report, and recommendations to the State Government within
thirty days for consideration and necessary action.
(ii)
On consideration of the report, performance appraisal report, and the
relevant materials the State Government may pass an order as it deems
fit.
5. Sittings of the Board.-(1) The Board shall hold its sittings in the premises of
an observation home or at a place in proximity to the observation home or, at a
suitable premise in any child care institution meant for children in conflict with law
run under the Act, and in no circumstances shall the Board operate from within any
court or jail premises.
(2) The Board shall ensure that no person un-connected with the case remains
present in the room when the case is in progress.
Provided that the Board, District Child Protection Unit, or State Government
may allow persons engaging in research, policy and practice in the area of child rights
and juvenile justice to be present after they submit an undertaking in Form 1A.
(3) The Board shall ensure that only those persons, in the presence of whom the
child feels comfortable, are allowed to remain present during the proceeding:
Provided that, a family member, a guardian, a friend or a relative, in whom the
child victim has trust or confidence and a support person appointed by the Child
Welfare Committee under the Protection of Children from Sexual Offences Rules,
2020, shall be present when the child victim is giving evidence:
Provided further that, the Board, District Child Protection Unit, or State
Government, may allow students, researchers, and others with a bonafide interest in
the working of the Board and the Juvenile Justice System to be present, but such
person shall be permitted only if the child feels comfortable, and the person does not
interfere with the proceedings.
(4) The Board shall hold its sittings in child-friendly premises which shall not
look like a courtroom in any manner and the sitting arrangement should be made so
as to enable the Board to interact with the child face to face and ensure that the
members and the Principal Magistrate are sitting together at the same level.
(5) While communicating with the child including a child victim, and their family
or guardian, the Board shall use child friendly techniques through its conduct and
shall adopt a child friendly and respectful attitude with regard to body language, facial
expression, eye contact, intonation and volume of voice while addressing the child.
The Board shall use interviewing techniques based on essential counselling skills
including rapport-building, validation of the child's emotions and experiences,
acceptance and non- judgmental attitude, to ensure that the Board's interactions with
the child are child-friendly.
(6) While conducting an inquiry in a case under the Protection of Children from
Sexual Offences Act, 2012, (Central Act No.32 of 2012) the Board shall follow the
procedures prescribed in sections 33, 36, 37, 38, and 40 of that Act.
(7) 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. The State
Government shall ensure this at the time of any new construction of buildings for the
purpose of sittings of the Board. If the building of the Board already exists, the State
Government shall either construct a new building in accordance with the provisions of
this rule or carry out reconstruction work to comply with the requirement of the Act
and these rules.
(8) 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.
(9) 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 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 or Chief Metropolitan Magistrate, the District Judge, the District
Magistrate, the Committees, the District Child Protection Unit and the Special
Juvenile Police Units. The roster shall include the details of the member who may
be contacted if the member on the duty roster goes on leave or is not accessible.
When a child alleged to be in conflict with law is produced before a member of
the Board acting on duty roster, all the orders which can be passed on the first day of
production by the Board, including order under Section 12 of the Act, can also be
passed by such member.
Any dissenting opinion by a member of the Board, including the Principal
Magistrate, shall be recorded on the order sheet with the signatures of such dissenting
member.
(10) The Social Worker members of the Board shall be paid sitting fees as
notified by the State Government from time to time. The Social Worker members of the
Board shall be paid not less than rupees one thousand five hundred per sitting which
shall include sitting allowance, travel allowance and any other allowance, as the State
Government may notify on this behalf. Sitting fees shall also be paid for participating
in training programs. Additional travel allowance shall be provided to the Social
Worker members of the Board for visiting jails, child care institutions, and police
stations and participating in training, workshops, or official meetings, if official
arrangements for the same have not been provided.
(11) The Board shall be provided with all necessary infrastructure and staff by
the State Government, which shall include:-
(i)
a well-furnished Board Room with electricity, light and fans, waiting room
for children, separate rooms for Principal Magistrate and members, a
record room, a room for Probation Officers, room for legal aid lawyers,
counselling and guidance unit, video conferencing facility, waiting room for
parents and visitors, safe drinking water facility and clean toilets;
(ii)
Furniture: chairs, tables, file cabinets, computer chairs etc., as per
requirement for the Board room, chambers, offices;
(iii)
Information Technology based logistics: computers with printers, video
conferencing facilities, photocopiers with scanner, telephone with internet
broadband connection, television for the waiting hall;
(iv)
At least one clerk, one typist, one peon, and one data entry operator.
Adequate Probation Officers or voluntary Probation Officers or Case Workers
or Child Welfare Officers shall be provided to the Board based on the
pendency of cases.
(12) Traveling allowance shall be given to the members for official visits as per
norms prescribed by the State Government.
(13) All documents shall be maintained in the place of sitting and be accessible
to all members of the Board.
(14) The Principal Magistrate of the Board, and police and lawyers appearing
before the Board shall be dressed in plain clothes and not in uniform.
(15) The Board may conduct its sittings through video conferencing, in case
there are constraints limiting physical movement of the child alleged to be in conflict
with law, or the Board Members including the Chairperson:
Provided if the child’s case requires the presence of a doctor or psychiatrist or
counsellor or physical attention, the sitting shall be conducted in the premises as
provided in sub-rule(1) of rule 5.
6. Additional functions of the Board.- (1)The Board shall perform the
following additional functions, namely:-
(i) Whenever necessary, the Board shall provide a translator or interpreter or
special educator who shall be paid not less than rupees one thousand five
hundred per day and in case of translator, not exceeding rupees 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 Protection of Children from Sexual Offences Act, 2012 (Central Act
No.32 of 2012) and rules framed there under;
(ii) issue rehabilitation chart in Form 14 to every 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 or college or any other educational
institution, including a child victim, 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 noticeable lapses, suggest improvements, seek
compliance and recommend suitable action, including against any
employee found in dereliction of duty to the District Magistrate and the
Director, Directorate of Child Protection or the Member Secretary, State
Child Protection Society;
(vi) maintain a suggestion box or grievance redressal box in the premises of
the Board or in the Observation Home or Special Home or Place of Safety
at a prominent place to encourage inputs from children and adults alike
which shall be operated by the Principal Magistrate or by a member of the
Board nominated by the Principal Magistrate in writing;
(vii)
an online grievance redressal system shall also be created by the
State Government for receipt of suggestion or grievance which may be
accessed by the Board;
(viii)
ensure smooth functioning of Children's Committees in the child
care institutions for children in conflict with law, for realizing Children's
participation in the affairs and management of such child care
institutions;
(ix) review the Children's suggestion book at every sitting, and the
Complaint Book during every visit in the Child Care Institution and also
carry out random one to one and group interaction with children in the
Child Care Institutions in absence of the Child Care Institution staff and
Person-in-Charge to understand concerns and issues of children, to
determine their well-being and provide inputs and recommendations
accordingly to such Child Care Institutions and issue necessary directions
for resolution of grievances of children to the officer concerned;
(x) ensure that the District Child Protection Unit facilitates and the State or
District or Taluk Legal Services Authority extends free legal services to
a child, monitors the legal services being provided by the State or District
or Taluk Legal Services Authority and ensures that no payment in cash or
kind by or on behalf of the child or the child’s family is demanded or
accepted for services rendered or costs incurred;
(xi) take on record oral or written complaints by children or parents
concerning free and effective legal services by the State or District or
Taluk Legal Services Authority, including any charges relating to the case,
and forwarding them for inquiry to the relevant authority under the Legal
Services Authority Act, 1987;
(xii) deploy, if necessary, the services of student volunteers or non-
governmental organization volunteers, or para-legal volunteers, from a
panel maintained by the District Child Protection Unit for para-legal
and other tasks, such as contacting or visiting the parents of child in
conflict with law, the child’s school, and collecting relevant social and
rehabilitative information about the child:
Provided that such volunteers shall be oriented and trained to
perform the tasks allocated to them.
(xiii) recommend, if necessary, payment of interim and final compensation to
victims by the District Legal Services Authority, in accordance with
section 396 of the BharatiyaNagarikSurakshaSanhita, 2023 (Central Act
46 of 2023), relevant provisions of the Protection of Children from Sexual
Offences Act, 2012, and rules made there under and such other existing
laws as may be in force;
(xiv) conduct inspection of jails meant for adults under item (m) of sub- section
(3) of section 8 of the Act once in every thirty days to check, if any person
who is lodged in such jails is a child then take immediate measures for
transfer of such a child in following manner namely:-
(a) Such inspection shall be carried out by the entire Board or at least
one Social Worker member and the Principal Magistrate or two
Social Worker members. The Board may include one medical
officer, one representative each from the District Legal Services
Authority and the District Child Protection Unit, and one
representative of a non- governmental organization as part of the
inspection team. At least two members of the inspection team shall
be women. Such inspection shall be carried out in the jail inspection
format prescribed by the Directorate of Child Protection.
(b) Through such inspection, the Board shall identify such under-trials
and convicted prisoners lodged in the jail who may probably be a
"child" on the date of alleged commission of offence.
(c) During such inspection, the concerned jail authority shall produce
any record of the inmates as may be requested and shall facilitate
easy and smooth access to the inmates in the jail. For interaction
with female and transgender inmates, appropriate arrangements
shall be made by the jail Superintendent, in case it is not possible
for the Board to carry out inspection of the female wards of the jail.
(d) When the Board finds a person lodged in jail who may be a child on
the date of commission of offence, it shall make a reference for each
such person separately to the court concerned, in Form 1B, within
three working days from the date of such inspection. In case of an
under-trial prisoner, such reference shall be made to the Court
where case is pending at present and in case of a convicted prisoner,
such reference shall be made to the Court which disposed of the
case.
(e) In case of all such persons who are proved to have been wrongly
incarcerated in jail as adults, the Board shall record a statement on
the date of first production of such person in order to identify
officials responsible for the lapse. If any police or jail official is found
to be responsible for willful negligence in this regard, after due
opportunity to such police officer to be heard by the Board, order
may be made by the Board directing the registration of first
information report against such police official under 166-A of the
Indian Penal Code/ section 199 of the BharatiyaNyayaSanhita 2023
(Central Act No.45 of 2023) or any other relevant provision, as
applicable, or recommend initiation of disciplinary action.
(f) Any Board to which a case is transferred after the person previously
lodged in the jail has been proved to be a child, may award adequate
compensation to be paid within thirty days from the date of the
transfer order, by the State Government from the Juvenile Justice
Fund to such person for having been wrongly incarcerated in jail.
(xv)
conduct surprise inspection of police stations within its jurisdiction, at
least once every month, to satisfy itself that children are not being kept in
police lock up, not being detained illegally at any police station and that
provisions of the Act and these rules are being complied with. In case of
any non-compliance of the Act and these rules being noticed, the Board
shall pass appropriate orders to the concerned authority for addressing
such non-compliance;
(xvi) take notice of violation of section 24 of the Act and of sub-section (2) of
section 74 and pass appropriate directions to the person or authority
causing or responsible for such violation and to ensure that the
disqualification stands removed;
(xvii) on receipt of a written complaint by the Committee in respect of any
offence having been committed against a child in need of care and
protection, the Board shall pass appropriate orders within seven days
from receipt of such written complaint and a copy of such order shall be
sent to the Committee concerned for its information and record;
(xviii) liaise with the Committee in respect of cases of children in conflict with
law who are declared children in need of care and protection by the
Board;
(xix) coordinate with the State or District Legal Aid Services Authority for
ensuring availability of free legal services to children in conflict with
law;
(xx)
maintain a database of medical and counseling centers, de- addiction
centers, hospitals, open schools, education facilities, apprenticeship and
vocational training programmes and centers, recreational facilities such as
performing arts, fine arts and facilities for children with special needs and
other such facilities;
(xxi) coordinate with District Child Protection Unit and other stakeholders for
ensuring smooth functioning of Board and for effective rehabilitation of
children in conflict with law;
(xxii) wherever appropriate and in the best interest of the child, pass conditional
bail orders, requiring a child alleged to be in conflict with law to attend a
therapeutic centre, attend school, or any other rehabilitative measure, and
reporting to the probation officer or caseworker on a regular basis; and
(xxiii) allow a Probation Officer to make representations based on the best
interest of the child as and when required.
CHAPTER III
PROCEDURE RELATING TO CHILDREN IN CONFLICT WITH LAW
7. Pre-Production action of Police and other Agencies.- (1) Upon registration
of First Information Report in an offence alleged to have been committed by a child,
the designated Child Welfare Police Officer shall record the version of child and shall
send intimation about registration of such First Information Report in Form 1C to the
Special Juvenile Police Unit for their information and for required action:
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. In case of
apprehension in petty or serious offences, reasons shall be recorded in writing and
submitted to the Board. 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 along with the property found report 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:
Provided further that, offences that are not expressly punishable with seven or
more years of imprisonment shall not be treated as heinous offences.
(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 Board about the incident, time of apprehension of the child and
the date and time when child is likely to be produced before the
Board;
(ii) 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 and the place where
the child is kept in Form 1D ;
(iii)the Probation Officer concerned in Form 1F, that the child has been
apprehended so as to enable the Probation officer to obtain
information regarding the social background of the child and other
material circumstances likely to be of assistance to the Board for
conducting the inquiry; and
(iv) a Child Welfare Officer or a Case Worker, to accompany the Special
Juvenile Police Unit or Child Welfare Police Officer while producing
the child before the Board within twenty- four hours of the child’s
apprehension.
(3) The police officer dealing with a child alleged to be in conflict with law
shall,-
(i)
not keep the child in a police lock-up and not delay the child’s case
being transferred to the Child Welfare Police Officer of the 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
the child is produced before the Board i.e., within twenty-four hours of
the child being apprehended and appropriate orders are obtained as per
rule 8 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 the
child through the child’s 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 on the
same day;
(iv)
inform the child and the parent or guardian immediately regarding the
rights and privileges of the child under the Act and rules;
(v)
display rights of the child in the police station;
(vi)
provide appropriate medical assistance, assistance of interpreter or a
special educator, or any other assistance which the child may require,
as the case may be;
(vii)
not compel the child to confess guilt;
(viii)
the child 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 child parent or guardian, shall be informed of the right
to legal advice and counsel and the right to be represented by a lawyer.
The parent or guardian or a person in whom the child has trust or
confidence shall be present during the interview of the child by the police.
The child shall be allowed to meet an advocate of the child’s choice during
interrogation. The child shall be informed of the right not to be compelled
to be a witness against oneself under sub-clause (3) of Article 20 of the
Constitution of India;
(ix)
not ask the child to sign any statement;
(x)
inform the District Legal Services Authority for providing free legal aid to
the child; and
(xi)
promptly collect available documents regarding the age of the child in
conflict with the law and record statements, if necessary, in this regard.
Such investigation on age shall be duly recorded in the Age Memo
prescribed in Form 1E and shall be submitted to the Board.
(4) The Child Welfare Police Officer shall be in plain clothes and not in uniform during
interactions with children in conflict with the law, as far as possible.
(5) The Child Welfare Police Officer shall record the social background of the child and
circumstances of apprehending in every case of alleged involvement of the child in an
offence in Form 1 which shall be forwarded to the Board forthwith. For gathering the
best available information, it shall be necessary upon the Special Juvenile Police Unit
or the Child Welfare Police Officer to contact the parent or guardian of the child.
(6) A list of all designated Child Welfare Police Officers, Child Welfare Officers,
Probation Officers, Para Legal Volunteers, District Legal Services Authorities and
registered voluntary and non-governmental organisations, Principal Magistrate and
Social Worker members of the Board, members of Special Juvenile Police Unit and
helpline services for children in the district, along with contact details shall be
prominently displayed in every police station.
(7) Where apprehension of the child is not warranted, the Child Welfare Police Officer
shall handover the child to the child’s parents or guardians and shall obtain from
them an undertaking in Form 2 to ensure appearance of the child before the Board, as
and when required. In all such cases where child is not apprehended, the Child
Welfare Police Officer shall submit the copy of the First Information Report or the
station house diary along with the child’s social background report in Form 1, the
undertaking in Form 2 and version of the child, to the Board within 24 hours from the
time of registration of First Information Report. On receipt of such documents, the
Board shall direct the child to appear before it on a next date and written intimation
about requirement of such appearance shall be given to the child and the child’s
parents or guardians by the Child Welfare Police Officer, at the earliest.
(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, or case work and also associate with the Police or Special Juvenile
Police Unit or the Child Welfare Police Officer, and have the requisite expertise to
assist in physical production of the child before the Board within twenty-four hours
and during pendency of the proceedings and the panel of such voluntary or non-
governmental organisations or persons shall be forwarded to the Board.
(9) The police or the Child Welfare Police Officer in whose custody the child is placed
for the time being, shall be responsible for the safety of the child and the provision
of food and basic amenities during the period such child is with them. The Home
Department 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 children apprehended or kept under their charge during the period
such children are with them.
(10) The discretionary power of releasing a child on bail shall be exercised cautiously
by the police and in consultation with the Probation Officer or the Social Worker of
the Special Juvenile Police Unit and reasons should be recorded for denial or grant of
bail.
(11) A child, who has been apprehended, may be released on bail even in a non-
bailable offence by the Officer in-charge of police Station, who may consult the Child
Welfare Police Officer or the Probation Officer or the Social Worker of the Special
Juvenile Police Unit in this regard and reasons shall be recorded for denial or grant of
bail. If a child is not released on bail by the police officer, such child shall be produced
within twenty four hours of taking charge, excluding the journey time before any
member of Juvenile Justice Board who shall order the placement of the child in an
Observation Home or a Place of Safety. It is not necessary that the child shall be
produced only before the Principal Magistrate.
(12) The Child Welfare Police Officer of Special Juvenile Police Unit shall take
immediate action, as per law, against the alleged perpetrators, if the version of the
child reveals that the child has been subjected to any neglect, exploitation, abuse, or
ill treatment by anyone or used by any gang for commission of an offence.
(13) In case of a female or transgender child, the officer in charge of police station shall
designate a trained female police officer to act as Child Welfare Police Officer for the
case, if the designated Child Welfare Police Officer is not a female police officer already
and only such police officer shall deal with the child till the end of the proceedings.
(14) The police shall not seek the police custody of a child in conflict with the law for
investigation. Further investigations, if necessary, shall be made in the premises of the
observation home or in the place of safety. The Police shall enter the premises of the
observation home or place of safety in plain clothes and not in uniform. The child shall
be questioned in the presence of a parent, guardian, or guardian ad litem appointed by
the Board. A girl child shall be questioned in the presence of a female police officer.
(15) The Officer in-charge of the police station or the Child Welfare Police Officer, while
dealing with cases of children in conflict with law, may take assistance of the
concerned individual or agency or Case Worker, that has to produce the child before
the Board, and shall inform such individual or agency or Case Worker, as the case
may be, at the earliest possible occasion to avail such assistance.
(16) Where the fact of any accused being a child comes to the notice of the police at
any stage, the concerned police officer shall immediately inform the officer in-charge
of the police station, who shall assign and transfer further proceedings to the
designated Child Welfare Police Officer, without any delay. If such person has been
produced before a court other than the Board, the fact of such person being a child
on the date of the alleged offence shall be brought to the notice of the court concerned
without any delay by the investigation officer or the Child Welfare Police Officer.
8. Production of the child alleged to be in conflict with law before the
Board. -(1) A child may voluntarily present oneself before the Board.
(2) When the child alleged to be in conflict with law is apprehended, the
child shall be produced before the Board within twenty-four hours of being
apprehended, along with a copy of the social background report of the child in
Form 1, containing reasons for and circumstances under which the child has
been apprehended and version of the child.
Provided that, the child alleged to be in conflict with law may voluntarily
present themselves before the Board.
(3) 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.
(4) Where the child produced before the Board is covered under section 78
or 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
recognized 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.
(5) 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.
(6) 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, as per the duty
roster under sub-section (2) of section 7 of the Act.
(7) 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 78
D or in a fit facility and the child shall be produced before the Board thereafter,
within twenty-four hours of apprehending the child. A list of approved fit
facilities under rule 36 should be maintained by the Child Welfare Police
Officer.
(8) 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.
(9) On production of the child before the Board, the Board shall interact
with the child on one to one basis to,-
(i) elicit information on the background of the child;
(ii) inform the child of the case filed against the child by the police and
availability of free legal aid;
(iii)help the child to understand the process of the proceedings; and
(iv) take cognizance of any dereliction or excesses committed by police or any
otherauthority.
(10) The Board shall satisfy from the declaration of Police in writing and
otherwise that the child alleged to be in conflict with law was not kept in
police lock up or jail prior to the production before the Board and that the
child was produced before the Board without any loss of time, but within
twenty four hours of taking charge of the child excluding travel time. The Board
shall interact with the child privately and the account of the apprehension shall
be recorded in writing.
(11) The Board shall satisfy that the police on taking charge of the child
has intimated the Probation Officer concerned in Form 1F and parents or
guardians of the child as required under section 13 of the Act in Form 1D, and
shall require the police to file a written statement in this regard.
(12) The Board shall satisfy that the child has not been subjected to ill
treatment or harassment either by the police or by any other person, who had
taken charge for the purpose of bringing the child before the Board.
(13) The Board shall direct action against any media or institution or
person for publishing identifying information about a child whose case is
pending before the Board, without obtaining permission of the Board prior to
such disclosure.
(14) Irrespective of the offence allegedly committed by the child
notwithstanding anything contained in the BharatiyaNagarikSurakshaSanhita
2023 (Central Act 46 of 2023) or any other law for the time being in force, the
Board shall release the child on bail with or without surety to the parents or
legal guardians or fit person, if it is in the best interest of the child after
considering the report of the probation officer upon conditions to be followed
during the bail period or such other relevant material. Bail application shall be
disposed within three days and shall be deemed to be granted if it is not
disposed within three days unless the Board provides reasons for delay in
disposal of bail in writing.
(15) If the Board decides to commit a child to any child care institution,
contrary to the report of the probation officer, the reasons for the same shall be
recorded in writing.
(16) The Board shall obtain a declaration from police in writing in Form
1G that the child was dealt with due regard for decency and also inquire about
the same from the child in conflict with law and shall record the same.
(17) In all cases of pending inquiry, the Board shall fix the next date of
hearing not later than fifteen days.
(18) The Board shall maintain a list of experts in the field of psychology,
counselling and guidance, medical practitioners and psychiatrists and
psychiatric institutions who are willing to provide such services. The list can be
prepared in consultation with the Probation Officers and District Child
Protection Officer in the concerned District.
(19) During the conduct of inquiry by the Board, if any complaint about
victimization or exploitation of a child is brought before the Board either by the
child or is made out from the report of the medical officer or the Probation
Officer, the Board shall direct the police to register a case, investigate and
report for further proceedings within a fixed time. However, such proceedings
shall not delay the disposal.
(20) The police shall approach the Board for appropriate orders for
taking a child out to recover the weapon used for committing the crime or
recovery of disposed stolen properties. The Board shall pass an appropriate
order authorizing the police to take charge of the child from the observation
home or a place of safety and handle them in plain clothes and with dignity
and respect during the journey. The Social Worker of the Special Juvenile
Police Unit or Social Worker of the District Child Protection Unit shall
accompany the child when the child is taken out for such recovery. Female
children shall be accompanied by female escorts. The child shall be taken
between 9 am to 5 pm for recovery within the city. In cases of recovery outside
the city or State necessary arrangements shall be made with the district Special
Juvenile Police Unit or relevant functionaries in the State to ensure the child’s
safety and accommodation.
(21) The police shall be present at all hearings before the Board.
9. Post-production processes by the Board.- (1) On production of the child
before the Board, the report containing the social background of the child,
circumstances of apprehending the child and offence alleged to have been
committed by the child as provided by the officers, individuals, agencies
producing the child, and the documents on age, if any, 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 the first appearance, the child’s 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 who is found to be innocent to the Committee having
jurisdiction where the Board is satisfied that the child is in need of care
and protection and in such cases no further proceeding shall be carried
out by the Board and the inquiry shall be deemed to be disposed of and
records shall be transferred to the Committee;
(iii)referring a child alleged to be in conflict with law who is found by the
Board to also be a child in need of care and protection, to the Committee
for care and protection, including possibility of placement in a Children’s
Home, pending inquiry by the Board, and in such cases the Board and the
Committee shall work in coordination and pass orders for the
rehabilitation and social reintegration of the child.
(iv) releasing the child in the supervision or custody of a fit person or fit
facility or Probation Officer 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
(v) Directing the child care institution to keep the child, 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:
Provided that, summons shall be issued to the child only after the charge-
sheet is filed.
(3) When the child alleged to be in conflict with law, after being released on bail, fails
to appear before the Board, on the date fixed for hearing, and no application is moved
for exemption on the child’s behalf or there is not sufficient reason for granting the
child 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 84 of the BharatiyaNagarikSurakshaSanhita 2023
(Central Act 46 of 2023) pass orders as appropriate under section 26 of the Act.
(5) In cases of a heinous offence alleged to have been committed by a child, who has
completed the age of sixteen years, the Child Welfare Police Officer shall produce the
statement of witnesses recorded by the police 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 BharatiyaSakshyaAdhiniyam 2023 (Central Act 47 of
2023) 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 the child’s
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
the child 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 the child
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.
(10) If the child is being transferred to another district or State, the Board shall
inform the concerned Child Welfare Police Officer about such transfer, and shall direct
the Special Juvenile Police Unit to transfer the child within three days of the order.
10.
Preliminary assessment into heinous offences by Board.- (1) The Board
shall in the first instance determine whether the child is of sixteen years of age
or above; if not, it shall proceed as per provisions of section 14 of the Act.
(2) The Board shall conduct a preliminary assessment in case of heinous offences, for
which purpose the Board may take the assistance of psychologists or psycho-social
workers or other experts who have experience of working with children in difficult
circumstances. A panel of such experts may be made available by the District Child
Protection Unit, whose assistance can be taken by the Board or could be accessed
independently. If the Board, decides to take the assistance of psychologists or psycho-
social experts or other experts, the Board shall, in its order, specify the aspect on
which an opinion is sought and whether it is sought from a psychologist or a psycho-
social expert or any other expert. A copy of the opinion given by a psychologist or
psycho- social expert or other experts shall be provided to the child or the child’s
parents or guardians for filing objections, if any, in writing.
(3) The Board shall record in writing, with reasons, whether it fully or partially accepts
or rejects the opinion it may have received under sub- rule (2).
(4) While conducting the preliminary assessment, the child shall be presumed to be
innocent unless proven otherwise. Prior instances of the child coming in conflict with
the law, if any, shall not be used against a child during a preliminary
assessment.
(5) 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. The child and the child’s family or guardian shall be informed about the
right to appeal and the availability of free legal aid.
(6) The Board, while transferring the case to the Children’s Court having jurisdiction
to try such offences, shall send the entire record in original to the Children’s Court
and a certified copy thereof shall be retained in the Board for its own record.
(7) The pendency of a preliminary assessment shall not affect the disposal of a bail
application of a child in conflict with the law.
11.
Completion of Inquiry.- (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 nor in the interest of other children to keep a child in the observation
home, or 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 the child 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 and for submission of follow up reports at regular
intervals.
(6) Where the Board decides to release the child in conflict with law on
probation and place the child under the care of the parent or the guardian or
fit person, the person in whose custody the child is released may be required
to submit a written undertaking in Form 8 for good behavior and well-being of
the child for a maximum period of three years.
(7) The Board may order the release of a child in conflict with law on
execution of a personal undertaking without surety in Form 9.
(8) In the event of placement of the child in a fit facility or special home,
the Board shall record the reasons thereof and consider that the fit facility or
special home is located nearest to the place of residence of the child’s parent
or guardian to enable regular contact with the family, 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 the child
under the care of parent or guardian or fit person or where the child is
released on probation and placed under the care of fit facility, it may also
order that the child be placed under the supervision of a Probation Officer
who shall submit periodic reports in Form 10 and the period of such
supervision shall be maximum of three years.
(10) Where it appears to the Board that the child has not complied with
the probation conditions, it may order the child to be produced before it and
conduct further proceedings to understand the reasons thereof and may pass
appropriate remedial orders, such as family counselling, admission into a
school, drug de-addiction centre, vocational training centre, or a residential
hostel, or send the child to a fit facility, special home or place of safety, for the
remaining period of supervision, if it is in the best interest of child.
(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 of
section 18 of the Act.
(12) The Board shall direct the Person-in-charge of the Special Home or
the Probation Officer or the District Child Protection Unit or a Social Worker,
to submit a follow up report every six months to evaluate the progress of the
child placed in the Special Home and ensure that there is no ill-treatment to
the child in any form. The Board may direct the child to be produced
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 Special Home
for the implementation of the individual care plan.
(13) Where a child has been found to be in conflict with the law, the
Board shall inform the child and the child’s family or guardian about the right
to appeal and the availability of free legal aid.
(14) A child released from a Special Home shall for the first quarter after
release, meet with the Probation Officer or the District Child Protection Unit or
Social Worker on a fortnightly basis or at such intervals as may be directed
by the Board. The time and venue for such meetings shall be fixed in
consultation with the child. The Probation Officer or the District Child
Protection Unit or Social Worker shall provide assistance to the child to
facilitate reintegration and submit a report to the Board about the support
provided, the need for further follow-up, if necessary, and include
recommendations for aftercare or any other support.
(15) At the time of passing an order under Section 18 (1) of the Act or
any other order by which a proceeding is closed, the Board shall include an
order under sub-section (2) of section 24 of the Act directing the Officer in-
charge of the police station and the concerned Child Welfare Police Officer to
destroy the record of the child from the police station within a maximum
period of two weeks after the expiry of the period of appeal. The Board shall
provide a copy of this order to the child and to the concerned Child Welfare
Police Officer with a direction to file a compliance report before the Board
within one week of compliance of such order. The Child Welfare Police Officer
shall immediately bring such order to the notice of the Officer in-charge of the
police station, who shall ensure compliance ofsuchorder within the stipulated
time.
12.
Pendency of inquiry.-(1) For the purpose of sub-section (3) of section 16
of the Act, the Board shall maintain a 'Case Monitoring Sheet' of every case and
every child 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; and
(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 the Child Care Institutions, etc. to the following:
(i) Chief Judicial Magistrate or Chief Metropolitan Magistrate; and
(ii) District Magistrate.
(3) The District Judge shall conduct an inspection of the Board once every
quarter and appraise the performance of the Principal Magistrate and Social
Worker members, individually and as a Board on the basis of their
participation in the proceedings of the Board and submit a report to the
State Government, the high level committee constituted under sub-section (2)
of the section 16 of the Act and to the Registrar of the High Court and a copy
shall also be forwarded to the District Magistrate.
13.
Procedure
in
relation
to
Children’s
Court
and
Monitoring
Authorities.-(1) Upon receipt of preliminary assessment conducted by 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 conducted by the Board, the
Sessions Court other than 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 Session Court other than the Children’s Court on a finding that there is no need
for trial of the child as an adult, it shall order for sending the case back to the Board
to proceed with the inquiry and dispose of the matter according to the provisions 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 Sessions Court other than 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:
Provided that, the decision of the Sessions Court shall have no
bearing on the power of Children’s Court to treat a child under item (i)
sub-section (1) of section 19 of the Act, if it so decides.
(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
BharatiyaNagarikSurakshaSanhita 2023 (Central Act 46 of 2023);
(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 168 of the BharatiyaSarshyaAdhiyam 2023 (Central Act 47
of 2023);
(v) While examining a child in conflict with law and recording the
child’s 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 the child 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; and
(viii)
The Children’s Court shall seek the views of Psycho-social
experts before passing orders under sub-sections (1) and (2) of
Section 18.
(8) Where the Children’s Court decides that there is a need for trial of the child as an
adult:
(i) The Children’s Court shall not sit on a raised platform and there
shall be no barriers, such as witness boxes or bars between the
Court and the child;
(ii) It
shall
follow
the
procedure
prescribed
by
the
BharatiyaNagarikSurakshaSanhita 2023 (Central Act 46 of 2023)of
trial by sessions and maintaining a child friendly atmosphere;
(iii)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 recognised
voluntary organisation on the basis of interaction with the child
and the child’s family, where possible;
(iv) Where the child has been found to be involved in the commission
of the offence, the child may be sent to a place of safety till the
age of twenty- one years;
(v) 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 progress of the child
and the reports shall be forwarded to the Children’s Court;
(vi) 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. In case of any deficiency or lapse in the
provision of services and facilities, the Children’s Court shall
pass additional orders to concerned authorities to address the
deficiencies or lapses;
(vii) 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, consider the efforts or
lapses, as the case may be, in the place of safety towards
reformation and mainstreaming of the child and further
direct that institutional mechanism if inadequate be
strengthened.
(c) After making the evaluation, the Children’s Court may
decide to:
(aa) release the child forthwith;
(ab) release the child on execution of a
personal bond with or without sureties
for good behaviour;
(ac) 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.;
(ad) 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 Chart for the
child in Form 14.
(viii)
For the purpose of sub-rule (vii) (c) (ad) 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 the child.
(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.
(ix) Any Children’s Court, to which a case has been transferred by the Board,
shall have a duty to inform the child that an appeal may be filed against
the order of the Board before the court of sessions and shall accord due
time and opportunity to the child to file such appeal and if the child
require legal assistance for this purpose, the Children Court shall
direct the District Legal Services Authority to provide legal assistance to
such child for filing such appeal.
14.
Sending of a child to an observation home or place of safety.-(1)
Admission of a child in the observation home or a place of safety shall be
made at any time for the purpose of sub-section (2) and (3) of section 12 of the
Act and the officer in charge of the observation home or a place of safety is
bound to receive the child.
(2) No child shall be admitted in the observation home or a place of safety without
proper placement order by the Board. No child other than a child in conflict with
law shall be kept in an observation home or a place of safety:
Provided that a child in conflict with the law may also be admitted in the
observation home or a place of safety on a written requisition made by the
officer in charge of a police station to the officer in charge of the observation
home or a place of safety in Form 14A.
(3) The officer in charge of an observation home or place of safety shall furnish a
report to the Board in case of any admission made on the requisition received from the
police.
(4) The officer in charge of an observation home or place of safety shall be personally
responsible to ensure that no child is unauthorisedly admitted.
15. Destruction of records.- The records of conviction in respect of a child in
conflict with law shall be kept in safe custody till the expiry of the period of appeal
or for a period of seven years, and no longer, and thereafter be destroyed by the
Person-in-charge or Board or Children’s Court or local police or Special Juvenile
Police Unit as the case may be:
Provided that in case of a heinous offence where the child is found
to be in conflict with law under clause (i) of sub-section (1) of section
19 of the Act, the relevant records of conviction of such child shall be
retained by the Children’s Court.
16. Guidelines on Diversion.-The State Government shall frame appropriate
guidelines for the police, Board, and other functionaries to facilitate diversion of
children from judicial proceedings.
17. Run away child in conflict with law.- (1) If a child in conflict with law, runs
away from a child care institution, the following action shall be taken within
twenty-four hours, namely:-
(i) the Person-in-charge of the child care institution shall immediately
send a report to the area Police Station or Special Juvenile Police
Unit or Child Welfare Police Officer along with the details and
description of the child, the identification marks and a photograph,
with a copy marked to the Board or the Children’s Court and the
Department of Integrated Child Protection Scheme.
(ii) the parents or guardians shall be informed immediately;
(iii)the Person-in-charge of the child care institution shall hold an
inquiry and send the report to the Board, the Children’s Court and
the Department of Integrated Child Protection Scheme. The details of
the child shall also be uploaded on the designated portal.
(2) When the runaway child is apprehended again, the said fact shall be
notified to all the persons/authorities concerned.
(3) If the child is untraceable for 48 hours then, the child shall be treated as
a missing child and a First Information Report shall be lodged.
CHAPTER IV
CHILD WELFARE COMMITTEE
18.
Composition and Qualifications of Members of the Committee.-
(1) One or more Committees shall be constituted in each district as per need,
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 100 of these rules.
(3) The Committee shall consist of a Chairperson and four other members
including at least two women.
(4) The Chairperson and the members shall:
(i) be a person not less than thirty-five years of age and not more than sixty-
five years of age on the last date for receipt of applications for
appointment as a member of the Committee,
(ii) have at least seven years of experience of active involvement in working
with children in the field of education, health, or welfare activities, or,
(iii)should be a practicing professional with a graduate degree in social work
or child psychology or psychiatry or sociology, or law or human health or
education or special education for differently abled children and has been
actively involved in health, education or welfare activities pertaining to
children for seven years or is a practicing professional with a degree in
child psychology or psychiatry or law or social work or sociology or human
health or education or human development or special education for
differently abled children:
Provided that, in the absence of suitable candidates who
meet the above, the following may be considered,-
(i) graduate in social work or health or education or psychology or
sociology or rural development or women studies or development
studies or public administration and having at least five years of
experience working with children in the field of education, health,
welfare or protection activities;
(ii) graduate in any discipline along with diploma or certificate in child
protection or counselling or child development or child rights or
human rights or women studies or criminology or anti human
trafficking or health or public health; and
(iv) not more than two members selected for a Committee shall be from the same fields
of practice or profession or academic qualification.
(5) A Chairperson or member of the Committee shall be eligible for appointment for a
maximum of two terms, subject to the person’s performance in the previous
term:
Provided that nothing contained in this sub-rule shall be a bar in
case of a member being appointed as Chairperson;
Explanation: For the purpose of counting number of
terms, a person who, in the period preceding the date of these rules
coming into force, has been notified as a member or Chairperson on the
Committee, and has served as such for a period that sums up to more
than a year would be deemed to have served one term.
(6) The term of the Chairperson or a member of the Committee may be renewed for
another term by the State Government on the recommendation of the Selection
Committee based on a performance appraisal by the District Magistrate.
Provided that in such cases where the term of the Chairperson
or a member of the Committee is extended by the State Government,
due to delays in the selection of new members, such extension, even
if it exceeds one year, may be made without a performance appraisal,
and such extension period shall not be deemed as a term.
(7) The person applying for the post of the Chairperson or member of the
Committee shall submit an affidavit, as per Form 49, certifying that the
applicant is not barred by any of the conditions laid down in subsection (4A) of
section 27 of the Act. The appropriate Government shall then verify the same as
per norm.
(8) Any person working in the implementation of the Act in any Non-Government
Organisation or any organisation, performing such functions which may cause
conflict of interest in discharge of their duties as the Chairperson or member of
the Committee shall not be eligible for appointment as the Chairperson or
member of the Committee; and the State Government shall within a period of
three months of the notification of these Rules, issue guidelines for the Selection
Committee in this regard.
(9) The term of the Chairperson and members of the Committee shall not be more
than a period of three years from the date of appointment. The existing
Chairperson and members shall continue to hold office until their successors
assume office or for an additional period of six months whichever is earlier.
(10)
The District Magistrate shall carry out performance appraisal under sub-
rule (7) once in every three months but not later than six months in the format
prescribed by the Directorate of Child Protection.
(11)
The District Magistrate shall also record findings of any inquiry under sub
section (27) of section 7.
(12)
If any complaint is made against a Chairperson or member of the
Committee, the State Government shall hold an inquiry and if necessary,
suspend the person immediately pending inquiry. The inquiry shall be
completed within a period of two months and the State Government may take
appropriate action within one month of completion of the inquiry.
Provided that if the complaint relates to a grievance arising out of
the functioning of the Committee, the District Magistrate shall take
cognizance and act in accordance with sub-section (10) of section 27 of
the Act and these rules.
(13)
No Chairperson or member of the Committee shall be removed
without an inquiry conducted by the State Government and until that
person has been given an opportunity of being heard in the matter.
(14)
If a criminal case is registered against the Chairperson or member
concerned, the Government shall suspend the concerned Chairperson or
member, immediately pending inquiry, for such term as appropriate, and
subsequently hold an inquiry and give an opportunity of being heard in the
matter.
(15)
The District Magistrate shall forward the performance appraisal to the
State Government through the Director, Directorate of Child Protection.
(16)
Any vacancy in the Committee shall be filled by appointment of another
person from the panel of names prepared by the Selection Committee before the
end of the notice period of the outgoing member of the Committee or within
forty-five days of the vacancy arising.
Provided that, the panel of selected persons shall be valid for a
period of three years from the date of the publication of the notice of
candidates who have been selected.
Provided further that, a Chairperson and members of the
Committee shall, on the basis of an extension order from the State
Government, continue to hold office even after completion of a term
until their successor assumes office, provided that such extension shall
not be for more than six months under any circumstances.
Where there has been delay in appointment of the Chairperson or
members due to unforeseen circumstances, the State Government
may consider appointing persons from the waiting list or persons who
have been appointed by the State Government to the Committee in the
past, including persons who have resigned from the Committee and
are now willing to resume work.
Provided that, such person has not been convicted of an
offenceinvolving moral turpitude and such conviction has not been
reversed or he has not been granted full pardon in respect of such
offence;
Provided further that, the tenure of such persons will be co-
terminus with the tenure of the current Committee
(17)
Any person, whose appointment as a member of the Committee has been
terminated under clause (iii) of sub-section (7) of section 27 of the Act, shall
not be eligible for further appointment as member of the Board.
(18)
All persons, on selection shall mandatorily be given training under rule
102 within a period of sixty days from the date of appointment, but before
assuming office.
(19)
The Chairperson or member of a Committee may resign at any time by
giving one month's notice in writing to the State Government through the
Director of the Directorate of Child Protection.
19.
Rules and Procedures of Committee.-(1) The Chairperson and members
of the Committee shall be paid such sitting fees as notified by the State
Government from time to time. The members shall be paid not less than rupees
one thousand five hundred per sitting which shall include sitting allowance,
travel allowance and any other allowance, as the State Government may notify
in this regard.
Additional travel allowance shall be provided to the members of the
Committee for visiting Child Care Institutions or foster families or fit
facilities, and participating in training, workshops, or official meetings if
official arrangements for the same have not been provided.
(2) A visit to an existing child care institution, Foster Family or Fit Facility by the
Committee, or participating in a training organised by or through the District
Child Protection Unit or State Child Protection Society, or a Department of the
State Government or Central Government, shall be considered as a sitting of the
Committee for the purpose of payment of honorarium after a report is duly
submitted to the District Child Protection Unit by the member in this regard.
(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, by
rotation if required. The schedule for such rotation shall be published by the
Committee in a prominent place and shall be informed to the District Child
Protection Unit.
(4) The Committee shall ensure that no person(s) un-connected with the case
remains present in the room when the proceeding is in progress:
Provided that, a family member, a guardian, a friend or a relative, in
whom the child victim has trust or confidence and a Support Person assigned
by the Child Welfare Committee under the Protection of Children from Sexual
Offences Rules, 2020 shall be present when the child victim appears before the
Committee.
Provided further that the Committee, District Child Protection Unit or
State Government may allow students, researchers, and others with a bonafide
interest in the working of the Committee and the juvenile justice system to be
present, after the child is informed about this in a manner the child is able to
understand; the child’s comfort level is taken into consideration; such person
does not interfere with the proceedings and gives an undertaking as per Form
1A.
(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
any concerned department or agency, including the Special Juvenile Police
Unit or the local police. 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 Sundays and holidays. The roster
shall include the details of the link member who may be contacted if the
member on the duty roster goes on leave or is not accessible. The roster shall
be circulated in advance to all the police stations, the Chief Judicial
Magistrate or Chief Metropolitan Magistrate, the District Judge, the District
Magistrate, the Board, the District Child Protection Unit or the Special Juvenile
Police Unit. Oral orders given by members of the Committee shall be ratified
at the next sitting.
(7) A member intending to avail leave shall officially inform the Chairperson of the
Committee, and a Chairperson intending to avail leave shall officially inform
the District Magistrate in writing via email or letter and documented in the
attendance report submitted to the District Child Protection Officer and the
District Magistrate. The intimation shall clearly mention whether leave is
sought from attendance at the sitting of the Committee or from the duty roster
or from both. A copy of the leave intimation shall also be forwarded to the
District Child Protection Unit at least three working days prior to the
commencement of leave. If a Chairperson or member is intending to avail leave
for more than three consecutive sittings, permission shall be taken from the
District Magistrate and information shall be given to the District Child
Protection Unit.
Provided that the requirement for prior intimation to the District
Child Protection Unit before three working days and permission from the
District Magistrate shall be waived in case of an medical emergency or any
other emergency, and the Chairperson or member shall inform the District
Child Protection Unit and seek permission from the District Magistrate in
writing immediately.
(8) 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
caseload and 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
OfficialGazette constitute more than one Committee in a district after giving due
consideration to the caseload and pendency of the cases, area or terrain of the
district, population density or any other consideration.
(9) 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 and safe for such child or children at the earliest and not beyond
twenty four hours from the time of receiving information about such child or
children. For this purpose the District Child Protection Unit shall provide
required support to carry out such outreach.
(10)
The Committee shall hold its sittings in child-friendly premises which
shall not look like a courtroom in any manner and the sitting arrangement
should be such to enable the Committee to interact with the childface 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 personnel by the
State Government, through the District Child Protection Unit ,which shall
consist of – infrastructure: a well-furnished Committee room with electricity,
light and fans, waiting room for children, separate rooms for Chairperson and
members, a record room, a room for Case workers and Probation Officers, room
for legal services advocates, counselling and guidance unit, waiting room for
parents and visitors, safe drinking water facility and clean toilets; Furniture,
such as chairs, tables, file cabinets, computer chairs etc., as per requirement for
the Committee room, chambers, offices; Information Technology based logistics,
computers with printers, video conferencing facilities, photocopiers with
scanner, telephone with internet broadband connection, television for the
waiting hall and security guards.
(13)
The quorum for final disposal of the case by the Committee shall be at
least three members. Provided that in case any member or the Chairperson is
absent during a proceeding, the same shall be recorded in the order sheet.
(14)
All orders of the Committee shall be passed taking into account all
relevant laws and schemes applicable, and shall make reasoned orders in
writing.
Provided that, the Committee may seek the opinion and assistance of
experienced professionals from relevant disciplines during the inquiry, where
necessary, to determine the best interest of the child.
(15)
Any dissenting opinion by a member of the Committee, including the
Chairperson, shall be recorded on the order sheet with the signatures of the
dissenting member.
(16)
The Chairperson or member of the Committee, who relinquishes office on
account of completion of the term or resignation or termination or for any other
reason, shall handover all the reports, records, case files, registers, letters
including official email communication and all other documents related to
children's cases maintained by the Committee or other matters concerning the
Committee in their possession, to an officer nominated by the District Child
Protection Unit. The District Child Protection Officer or any other officer
nominated by the District Child Protection Unit shall be the custodian of
records, case files, registers, letters, emails and all other documents related to
children's cases maintained by the Committee.
Explanation: The custodian of the records implies the
person vested with the duty of keeping the records, case files, registers,
letters and all other documents related to children's cases or Committee
at a safe place in the premises of the designated Committee.
(17)
The Committee shall satisfy itself that the child was not kept in police
lock-up or in prison prior to the production of the child before the Committee
and that the child was produced before the Committee within twenty four
hours of taking charge of the child, excluding the time required for travel
from the place, where the child was found, to the place of production of the
child before an individual member or the Committee.
(18)
The Committee shall satisfy itself that, the child has not been subjected to
ill treatment or harassment either by the Police or by any other person, who had
taken charge of the child for the purpose of bringing the child before the
Committee;
(19)
The Committee shall conduct an assessment of vulnerability of the child
before the child is released;
(20)
The Committee shall restore a child in need of care and protection only on
proper verification of the identity of the child, parents or guardian and after
addressing the vulnerability of the child.
(21)
Whenever the Committee orders a child to be kept in a child care
institution, it shall record reasons thereof and shall forward to the personin
charge of such institution a copy of the order of placement in Form 18 with all
relevant records. A copy of such order shall also be forwarded to the District
Child Protection Unit:
Provided that, in the event of a child being ordered to be placed in
an institution, not recommended in the social investigation report and
the said institution is of the opinion that either due to lack of capacity
or if in their assessment the child is unlikely to fit into that institution,
or for any other reasons that it may not be possible to take care of the
child, it may request the Committee in writing to revise the said order.
However, the decision of the Committee after considering such an
application shall be final.
(22)
The Committee may refuse temporary custody of the child to parents,
for reasons to be recorded in writing, if it is in the best interest of the child.
(23)
The Committee shall, suomotu or on receipt of any information, complaint
or otherwise, pertaining to any offence against a child in any child care
institution, direct the Officer in charge of a Police Station or of the District Child
Protection Unit to immediately take action for the rescue or recovery of such
child from such situation, and to take further action including coordination with
the Departments of labour, health, social welfare and any other agencies
involved with the care and protection of children. The Officer-in-charge of the
police station shall in accordance with the Code of Criminal Procedure, 1973
(Central Act 2 of 1974) initiate criminal action against the accused;
Provided that for offences committed against any child in need of
care and protection other than a child residing in a child care
institution, the Committee shall give a complaint or information
in writing to the jurisdictional Board, who shall order the police to file a
criminal complaint. Provided that where the alleged offender is a child,
the Committee shall inform the appropriate Board for further action.
(24)
The Committee shall initiate action against any form of media,
person or individual for publishing any matters relating to the children in
need of care and protection, which would affect the best interest of the
child;
(25)
The Committee shall prepare and maintain a list of experts and
reputed institutions, including those in the field of law, psychology,
counselling and guidance, psychiatry and an empanelled list of language
interpreters who are willing to provide such services. The list shall be
prepared in consultation with the probation officer and District Child
Protection Officer of the district concerned;
(26)
Wherever the Committee orders a child to be placed in a Children’s
Home, the reasons for such placement shall be substantiated;
(27)
If the Committee either on inquiry or on the report of the probation
officer or on the report of a medical officer or in any other manner, is
satisfied that a child produced before it has been abused physically or
sexually or in any other manner, the committee shall direct the police to
file a first information report, investigate the case and take necessary
action as per law. The Committee shall also direct the police to furnish to
it, a status report on the case, periodically. In case the alleged abuser is a
child, the Committee shall direct the police to investigate the case and
also refer the matter to the Board for further proceedings;
(28)
Final or interim orders passed by the Committee shall have stated
reasons for the same.
(29)
The District Child Protection Unit shall submit a monthly report of
attendance of each Committee member to the Directorate of Child
Protection.
20.
Role and responsibilities of Secretary of Committee.-(1) The
Committee shall be provided a secretary to carry out its functions.
(2) The District Child Protection Unit shall appoint a person as a secretary of
the Committee.
(3) The secretary of the Committee shall assist and support the Committee for
discharging their functions effectively, and shall perform following
functions, namely:-
(i) take necessary action for the compliance of the decisions of the
Committee;
(ii) submit the action taken report to the Committee for their perusal
and further directions;
(iii)coordinate with District Child Protection Unit or other departments
or other agency as and when required;
(iv) coordinate with probation officers, case workers, child welfare
officers and child welfare police officers in the matters related to
children in need of care and protection or child victims;
(v) coordinate with other Boards and Committees as and when
required;
(vi) prepare all necessary reports of the Committee and share it with
concerned authorities;
(vii)
ensure proper maintenance of records of the Committee;
(viii)
ensure the availability of required infrastructure and human
resource to the Committee;
(ix) function as Public Information Officer of the Committee under the
Right to Information Act, 2005 (Central Act No.22 of 2005) ;
(x) perform any other tasks as assigned by the Committee; and
(xi) the secretary of the Committee shall not interfere in judicial
proceedings of the Committee.
21.
Additional Functions and Responsibilities of the Committee.-
(1) In addition to the functions and responsibilities of the Committee
under section 30 of the Act, the Committee shall perform the following
additional functions to achieve the objectives of the Act, namely:-
(i) document and maintain detailed case records along with a case
summary of every case dealt by the Committee in Form 15;
(ii) maintain a suggestion box cum grievance redressal box at a
prominent place in the premises of the Committee and encourage
inputs from children and adults alike including from caregivers,
Child Care Institutions, and the general public; which shall be
operated by the District Magistrate or District Magistrate’s nominee
and checked at least once in a month;
(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 and any other
matter concerning the well-being of the children;
(a) Visit every child care institution in its jurisdiction at least
once in six months and preferably once in a quarter;
(b) Quarterly reports of inspection conducted under clause (viii)
of section 30 of the Act shall be submitted, as and when
required, for the purpose of monitoring under section 109 of
the Act;
(c) A copy of the report of the inspection conducted by the
Child Welfare Committee shall also be given to the
management of the concerned child care institution before
submitting the same to the District Magistrate, and the
concerned child care institution shall be given an
opportunity to be heard;
(iv) carry out monthly visits to child care institutions, fit facilities, and
Group Foster Care for children in need of care and protection within
its jurisdiction, interact with children including the members of
Children’s Committees and engage with their views, and issue
suitable directions for improvement in the institution;
(v) review the Children's Suggestion book at least once in a month; and
during every visit in the Child Care Institution and also carry out
random one to one and group interaction with children in the Child
Care Institutions without the presence of Child Care Institution
staff, management and Person-in-Charge to understand concerns
and issues of children to determine their well-being and provide
inputs and recommendations accordingly to the Child Care
Institutions and to the District Child Protection Unit;
(vi) 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, etc;
(a) for the purposes of sub-section (4) of section 40 of the
Act, the Committee shall submit quarterly information in
Form 16 regarding restored, dead and runaway children
to the State Government and the District Magistrate
(vii)
wherever required, issue rehabilitation chart in Form 14 to
children in need of care and protection to monitor their progress;
(viii)
maintain the following records in a register:
(a) prepare a daily cause list of the cases before it and next
date for each case;
(b) entries and particulars of children brought before the
Committee and details of the Child Care Institution where
the children are placed or the address where the children
are sent;
(c) execution of surrender deeds;
(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; and
(n) any other record or register which the Committee may need
to maintained for the effective implementation of the Act .
(ix) All information listed in clause (viii) of this rule may be digitised and
for this purpose a software may be developed by the State
Government, provided that case records of at least seven years are
maintained online, and all previous records are archived in a
manner that they are accessible forever for children placed in
adoption and until the child completes 25 years for all other
children in need of care and protection;
Provided that a records management system is
developed and maintained for physical records by the
Committee in a manner that ensures access to only
authorized personnel on a need to know basis, while
respecting
confidentiality
and
integrity
of
the
information concerning the child, and such system is
integrated with the said software.
(x)
Hold periodic meetings with the Superintendent or Person-in-
charge of child care institutions, representatives of concerned non-
governmental organisations, Social Workers or Case Workers,
Special Juvenile Police Units or Child Welfare Police Officers, Anti-
Human Trafficking Unit officers and any other stakeholders to
discuss specific issues that may arise; keep information about and
take necessary follow-up action in respect of missing children in
their jurisdiction;
(xi)
ensure that free legal services are provided to the child by the
State or District or Taluka Legal Services Authority;
(xii)
Initiate convergence meetings with other Child Welfare Committees
or other stakeholders with assistance from the District Child
Protection Unit.
(xiii)
participate in periodic meetings with the person-in-charge of child
care institutions, representatives of concerned non- governmental
organisations and Social Workers, Case Workers, Special Juvenile
Police Unit, Child Welfare Police Officers, Anti- Human Trafficking
Unit Officers, Labour Department, Child Protection Committee at
village, block and taluk level and such other individuals, agencies,
and Departments as may be required, in order to discuss and plan
for issues relating to the well-being of children, individual care
plans and other necessities of children, services available and
accessible to them, making institutions child-friendly spaces, and
other issues specific to restoration and rehabilitation of children as
may arise from time to time;
(xiv)
takesuo-moto cognizance for the purpose of care and protection of
children in need of care and protection based on any information or
complaint.
(xv)
direct that a complaint be filed against any violation of Section 74
for disclosing the name, address or school or any other
particular, which may lead to the identification of a child in need of
care and protection without permission from the Committee;
(xvi)
ensure that the District Child Protection Unit carries out monthly
monitoring visits to all Foster Families and submits a report to the
Committee;
(xvii)
Coordinate and liaison with State or District or Block level Legal
Services Authority or Karnataka High Court Legal Services
Committee or Supreme Court Legal Services Committee or non-
governmental organisations providing free legal aid, as may be the
requirement and feasibility, to ensure that free legal services are
made available to children in need of care and protection in case
they require such assistance.
(xviii)
forward the order based on age determination carried out by the
Committee to the District Legal Services Authority for them to
enable the registration of birth under sub-section (3) of section 13 of
the Registration of Births and Deaths Act, 1969 (Central Act 18
of 1969) in relation to children in need of care and protection who
do not have a birth certificate.
(xix)
Function as the custodian of property belonging to a child living
with or affected by Human Immunodeficiency Virus or Acquired
Immune Deficiency Syndrome as per sub-section (1) and (2) of
Section 16 of the Human Immunodeficiency Virus and Acquired
Immune Deficiency Syndrome (Prevention and Control) Act, 2017
(Central Act 16 of 2017).
(xx)
ensure that children who have no parents or a legal guardian
irrespective of their age are expeditiously declared legally free for
adoption with the necessary due diligence related to adoption
procedures, including tracing of the biological family, within the
timeline as provided in the Act, rules and regulations;
Provided that child care institutions managed
by Non-governmental organizations may seek financial
and other support for this purpose from the District
Child Protection Unit.
(xxi)
interact with older children living in the Child Care Institutions
having no parents or guardians and also with such children living
in the Child Care Institutions who are not in contact with their
parents or guardians for one year and arrange for counseling for
such children to better understand the reasons for the lack of
contact between the parents/guardians and the child, and where
appropriate, to counsel the child about the benefit of family based
care including foster care and adoption;
Provided that the Committee shall first consider
placement in foster care for a child who the Committee
has reason to believe may have parents or extended
family, before declaring such child legally free for
adoption.
(xxii)
interact with all concerned both in physical and virtual modes in case of
production of the child before the Committee, while giving instructions to
the District Child Protection Unit or Specialised Adoption Agency or Child
Care Institution, as the case may be, and in the process of declaring a
child legally free for adoption.
22.
Procedure for hand over.- (1) The Chairperson or a member of the
Committee who is leaving office on account of completion of term or
resignation, shall
(i) Brief the existing or newly appointed Chairperson and members on the status of
cases in which the inquiry is pending, and cases in which the progress of the
child as per the Individual Care Plan prepared in Form 7, needs to be reviewed.
(ii) Handover all official reports, records, case files, registers, letters, email
communication and other documents in their possession relating to children's
cases and functioning of the Committee, as well as any assets or moveable
property or passwords of emails or digital devices to the Secretary of the
Committee, who is the custodian of all records, case files, registers, letters,
emails and all other documents relating to children's cases and the Committee
and its functioning:
Provided that, the outgoing Chairperson or member shall be paid sitting fees for
these meetings for a maximum of three days only.
CHAPTER V
PROCEDURE IN RELATION TO CHILDREN IN NEED OF CARE AND
PROTECTION
23.
Production before the Committee.- (1)Any child in need of care and
protection shall be produced before the Committee during the working hours at
its place of sitting and beyond working hours before the member as per the duty
roster within twenty four hours from the time of first contact excluding the time
necessary for journey:
Provided that, where the child cannot be produced before the
Committee,within 24 hours, the child may be housed in a registered
child care institution or Fit Facility, pending production before the
Committee, or alternatively the Committee shall reach out to the child
where the child is located and arrange for a sitting at a place that is
convenient and safe for such child or children:
Provided further that, in extraordinary situations, when the
movement of the child or the Committee is restricted due to unforeseen
circumstances, the child may be presented before the Committee
through virtual mode and the Committee shall physically interact with
the child at the first opportunity:
Provided further that, a sitting may be conducted inside a child
care institution for the purpose of production of children in need of care
and production housed in the child care institution.
(2) The Committee shall ensure that the information regarding the child referred to
in this rule is uploaded on a portal, as may be specified by the Central or State
Government in this behalf;
(3) 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.
(4) In case of any child 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:
Provided that, if the child cannot be produced before the
Committee, the Committee may also go to the place where the child is.
(5) The Committee after interaction with the child may issue directions for
temporarily placing the child with the parent/s or guardian or Children’s Home
pending further inquiry if such placement is in the best interest of the child;
and, where such Home is not available in the vicinity of the Committee before
which the child is produced, the Committee may direct the placing of the child
in safe custody of a fit person or a fit facility, or a Children’s Home in a
nearby district:
Provided that, the Committee may arrive at an opinion that the
person is not a child in need of care and protection, and pass reasoned
orders in writing before disposing of the case.
(6) The Committee or the member on duty shall issue the order for placing the child
in Children’s Home in Form 18.
(7) The Committee or the member on duty shall order immediate medical
examination of the child produced before the Committee or the member on duty,
as specified in rule 43(4), if such examination is needed, preferably within 15
days of admission into a child care institution:
Provided that, for all children below one year of age, such
examination shall be conducted by a paediatrician. Provided that, any
general medical or gynaecological examination of a child shall not be
the pre-requisite for production before the Committee or admission
into an institution.
Provided further that, a Preliminary Health Check up shall be
undertaken for all children admitted into a child care institution within
two days and the report of such check-up shall be prepared.
(8) 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.
(9) 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.
(10)
Where a child of a mother who is undergoing treatment for mental illness
in an establishment described under the Mental Health Care Act, 2017,
(Central Act 10 of 2017), the social investigation report must contain a report on
the situation of the mother and the reasons for separating the child from the
mother and passing an order for suitable placement of the child, particularly in
case of children under three years of age.
(11)
In the case of a child with disability, the order of the Committee shall urge
the child care institution to make best efforts to adhere to the requirements of
the Mental Health Care Act, 2017 (Central Act 10 of 2017) and The Rights of
Persons with Disabilities Act, 2016 (Central Act 49 of 2016) and the respective
rules made there under.
(12)
Where a child is living with Human Immunodeficiency Virus or Acquired
Immune Deficiency Syndrome, the order of the Committee placing a child in a
child care institution shall urge the child care institution to make best efforts to
adhere
to
the
guidelines
issued
under
section
18
of
the
Human
Immunodeficiency
Virus
or
Acquired
Immune
Deficiency
Syndrome
(Prevention and Control) Act, 2017 (Central Act 16 of 2017) for care, support
and treatment of children living with Human Immunodeficiency Virus or
Acquired Immune Deficiency Syndrome.
(13)
Whenever the Committee orders a child to be kept in an institution, it
shall forward to the Person-in-charge of such institution, a copy of the order of
short term placement pending inquiry in Form 18 with particulars of the child
care institution and parents or guardian and previous record. A copy of such
order shall also be forwarded to the District Child Protection Unit.
Provided that, if the child is being placed temporarily in a child
care institution or fit facility in a nearby district, a copy of the
placement order in Form 18 should be sent to the person-in-charge of
that institution, as well as the jurisdictional Child Welfare Committee,
the District Child Protection Unit and the Special Juvenile Police Unit
of the district where the child is being placed.
Provided further that, the original Child Welfare Committee
will continue to hold jurisdiction on the case.
(14)
Any institution, even if not registered under the Act, shall produce
children in need of care and protection housed therein before the Committee.
24.
Procedure for inquiry.- (1) The Committee shall inquire into the
circumstances under which the child is produced, hear all concerned parties
including the child, parents or guardian of the child, if any, and determine
whether such child to be a child in need of care and protection after recording
reasons in writing.
(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 designated
officer by the District Child Protection Unit 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.
Provided that the Committee shall verify that all such Social
Investigation Reports have been prepared with due diligence, including
through a home visit and information gathering from other sources, as
well as expert opinion where required.
(4) The Committee, while disposing a case and placing a child in an institution shall
ensure that the institution is a registered child care institution under section 41
of the Act or a fit facility declared under section 51 of the Act;
Provided that no child shall be placed in a Child Care Institution which
has applied for registration but has not yet been registered.
(5) In case of placement of the child in non-institutional care, the Committee shall
direct the District Child Protection Unit concerned to develop an individual care
plan in Form 7 and in case of institutional care, shall direct the management of
the Child Care Institution concerned to develop an individual care plan in Form
7, which includes a rehabilitation plan.
(6) The individual care plan prepared for every child whether in the institutional
care or non-institutional care shall be developed based on the case history,
circumstances and individual needs of the child.
Explanation: For the purposes of this sub-rule, the expression non-
institutional care does not include adoption.
(7) The Committee shall ensure that for every child in need of care and protection,
the progress of the child’s Individual Care Plan is reviewed and revised every
month for the first three months and once every quarter thereafter, taking into
account the wishes and views of the child, as well as the non- offending family
members or guardian (if any) as appropriate, in the best interest of the child.
(8) 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 the child’s opinion shall
be taken into consideration with due regard to the child’s age and level of
maturity. The orders of the Committee shall be in writing and contain
reasons.
(9) The Committee members shall communicate with the child in a child-friendly
and child sensitive manner. Each member shall adopt a child friendly attitude
with regards to body language, facial expression, eye contact, intonation and
volume of voice while addressing the child, keeping in mind the dignity of
the child. In the hearing involving the first production of the child, preferably
one member of the Committee shall interview the child sensitively and in a child
friendly manner taking into account the child’s circumstances, age, gender, and
disability of the child, as the case may be.
(10) The child’s right to be heard freely shall be respected. All necessary support
and information that enables the child to be heard shall be provided, with due
regard to age, maturity and mode of communication.
(11) The right of the parents or guardian to participate in and be heard during the
inquiry shall be respected.
(12) 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.
The Committee may direct the Special Juvenile Police Unit or the
Child Welfare Police Officer or any other concerned Department or
agency, to verify the authenticity of the documents:
Provided that, before passing orders for release or restoration, the
Committee shall make its own assessment of the child’s
vulnerability based on interactions with the child and other persons
connected with the child, the Social Investigation Report of the child
and such other materials and records that may be placed before the
Committee, and arrive at a determination in the best interest of the
child with reasons in writing.
(13) The social investigation conducted by a Social Worker or Case Worker or
Child Welfare Officer of the institution or designated officer by the District
Child Protection Unit 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 be restored to the family.
The District Child Protection Unit after completing the social
investigation within fifteen days shall submit the report to the
Committee.
(14)
Before the Committee releases or restores the child, both the child as well
as the parents or guardians may be referred to the Counsellor, and the
counsellor’s report shall be taken into account while preparing the pre-release
plan.
(15)
The Committee shall maintain and use an effective case management
system including the maintenance of proper records of the children produced
before it including medical reports, social investigation reports, any other
reports and orders passed by the Committee in regard to the children appearing
before it.
(16)
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 child’s Social Worker or Case Worker or
Child Welfare Officer on each such date.
(17)
In all cases pending inquiry, the Committee shall direct the person or
institution with whom the child is placed to take steps at the earliest for
rehabilitation of the child including educational and recreational activities,
education, vocational training, etc., from the date of first production of the
child itself.
(18)
Any decision taken by an individual member, when the Committee is not
sitting, shall be ratified by the Committee in its next sitting.
(19)
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.
(20)
The Committee shall function cohesively as a single body sitting together
as a multidisciplinary bench and as such shall not form any sub-committees.
(21)
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, Ministry of Home affairs 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.
(22)
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 designated officer by the District Child Protection Unit or any non-
governmental organisation, as the case may be.
(23)
While finally disposing of the case, the Committee shall specify the period
and frequency of progress review of the child and 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.
(24)
Where the child belongs to a different district, the Committee shall
forward the age determination order, 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.
(25)
The individual care plan shall be monitored by means of a rehabilitation
chart in Form 14 issued for the purpose by the Committee passing the disposal
order which shall form part of the record of the Committee which is responsible
for following up the implementation of the individual care plan. Such
rehabilitation chart shall be maintained by the Rehabilitation- cum -Placement
Officer.
(26)
All orders passed by the Committee in respect of a child in need of care
and protection shall also be uploaded on the designated portals with due regard
to the confidentiality and privacy of the child.
(27)
While holding the inquiry relating to a child in need of care and
protection, who was found to be engaged or kept in bondage for the purpose of
employment or whose earnings have been withheld, the Committee will, also
order for the recovery of the earnings of the child withheld and the Committee,
while so ordering recovery, shall be guided by the prescribed rate of minimum
wages payable to an unskilled adult worker.
(28)
The Committee shall ensure that 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 along with
supporting documents as specified in Form 23 to ascertain whether the persons
surrendering the child are the parent(s) of the child;.
(29)
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 cum Probation officer, or the legal aid Counsel provided by the Legal
Services Authority. The deed of surrender shall be executed as per Form 24. The
Committee may take assistance of child psychologists or trained counsellors to
counsel the surrendering parents/ guardians and provide a counselling report.
The Committee shall also inform the parents/guardians of the government
schemes available to assist them in raising their child within their family.
Provided that, the Committee shall, in Form 24A, take a signed
statement from the person surrendering the child, as to whether or
not the Committee can contact them for the purpose of inquiry during
the reconsideration period of sixty days and to seek their final views
on the surrender of the child after the completion of the sixty day
period.
Provided further that, if the surrendering persons do not consent
to being contacted, the Committee shall respect their decision,
unless it is imperative to contact them in the best interest of the
child for reasons recorded in writing
(30)
The Committee shall pass an order discharging a child from the child care
institution after the child attains eighteen years of age, and ensure that the
person is offered counselling and information about aftercare. The Committee
may consider placing the individual in aftercare for any period upto twenty-one
years and for an additional period of two more years in exceptional
circumstances as may be required, after obtaining the consent of the person.
(31)
The inquiry under sub-section (3) of section 35 of the Act shall be
concluded
by
the
Committee
expeditiously
and
the
Committee,
if satisfied,shalldeclare the surrendered child as legally free for adoption after
the expiry of sixty days from the date of surrender.
(32)
In case of an orphaned 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.
(33)
In case an abandoned or orphaned 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 Specialised Adoption Agency to the local police
station within the same period.
(34)
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.
(35)
The Committee shall use the designated portal to ascertain whether the
abandoned child or orphan child is a missing child while causing the detailsof
the orphan or the abandoned child to be uploaded.
(36)
The Committee, after taking into account the risk factors, and in the best
interest of the child, shall direct the concerned District Child Protection Unit to
publish the particulars and photograph of an orphaned 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. Where the child is from a different State, the
publication shall also be done in a newspaper with wide circulation in the place
of origin of the child.
(37)
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.
Provided that the Committee shall seek a follow-up report from
the Specialised Adoption Agency or child care institution, as the case
may be, regarding placement of the child in adoption after the child is
declared legally free for adoption, and such follow-up report shall be
sought every month for the period of first six months and every three
months thereafter for a minimum of one year or till such time as the
Committee deems fit.
(38)
Where the parents of the child are traced, the procedure for restoration of
the child shall be as per rule 93 of these rules.
25.
Pendency of cases.-(1) The Committee shall maintain a 'Case Monitoring
Sheet' of every case and in case there is more than one child in one case, a
separate sheet shall be used for each child. The case monitoring sheet shall be
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; and
(ii) scheduled date given in column (2) of ‘progress of inquiry' shall be the outer
limit within which the steps indicated in column (1) is to be completed.
(2) The Committee shall submit a quarterly report to District Magistrate in
Form 16 for review of pendency of cases.
(3) The District Magistrate shall review the functioning of the Committee
including by inspection once every quarter and also appraise the
performance of the Chairperson and the members of the Committee
annually on the basis of their participation in the proceedings of the
Committee orders passed, grievances or complaints or inquiry under
sub-section (7) of section 27 against the individual, if any, attendance
record, and other such criteria as per Guidelines for Performance
review issued by the State Government within six months of the
notification of these Rules, and submit a report to the Selection
Committee constituted under rule 100 of these rules.
(4) Any grievance arising out of the functioning of the Committee may be filed
by the affected child or anyone connected with the child before the District
Magistrate, who shall dispose the same within a period of thirty days by
passing appropriate orders.”
CHAPTER-VI
REHABILITATION AND SOCIAL RE-INTEGRATION
26. Manner of Registration of Child Care Institutions.-(1) All child
care institutions providing residential care services for children in need of
care and protection of children in conflict with law, whether run by the
Government or voluntary organisation, shall be registered under sub-
section (1) of section 41 of the Act, irrespective of being registered or
licensed under any other Act for the time being in force.
(2) The Directorate of Child Protection, shall be the Registration
Authority to register all such institutions in the State. Such registrations
shall be based on the recommendations of the District Magistrate.
(3) All such institutions shall make an application in Form 27 to the
District Magistrate together with a copy each of rules, bye- laws,
memorandum of association, list of governing body members, office
bearers, list of trustees, balance sheet of preceding three years of the
organisation, statement of past record of social or public service provided
by the institution to the State Government, Government Darpan
Identification from National Institution for Transforming India Aayog and
a declaration from the person or the organisation regarding any previous
conviction record or involvement by any member of the management or
staff working in the organisation 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 or District Administration;
(4) The District Magistrate shall examine the application through the
District Child Protection Unit within thirty days from the date of receipt
of application and make recommendations based on the need in the
district and inspection of the institution in Form 46A to the State
Government.
(5) The District Magistrate shall verify credibility, financial health,
background and previous record of the child care institution and the
agency or individual promoting the institution and make specific
recommendations to the State Government for consideration.
(6) The following shall be considered by the District Magistrate while
making recommendations, namely:–
(i) registration of the organization under any law for the time being in force; details
of registration under sections 12A and 80G of the Income Tax Act;
(ii) details of physical infrastructure, water and electricity facilities, sanitation and
hygiene, recreation facilities and nutrition plan;
(iii)financial status of the organization, maintenance of books of accounts and
statutory registers along with audited statement of accounts and annual reports
for previous three years;
(iv) resolution of the Governing Body to run the institution;
(v) plan of action for providing services for children such as medical, vocational,
educational, counselling, and the like, in case of new applicants and details of
such services provided in case of existing institutions ;
(vi) arrangements of safety, security, transportation and support and access for
children with disability;
(vii)
details of other support services run by the organization;
(viii)
the institution is near a school within such area or limits of
neighbourhood, as may be prescribed under the Right of Children to Free and
Compulsory Education Act, 2009 (35 of 2009);
(ix) details of linkages and networking with other governmental, non-governmental,
corporate and other community based agencies on providing need-based
services to the children;
(x) details of existing staff with their qualification and experience;
(xi) details of registration under the Foreign Contribution (Regulation) Act, 2010 (42
of 2010), and funds available, if any;
(xii) a declaration from the person applying for the registration that no member of
the staff or the Board of Directors or Governing Body or management of the
organization have any previous conviction record or involvement in any immoral
act or in an act of child abuse or employment of child labour;
(xiii) any other criteria as prescribed by the State Government;
(xiv) while making the recommendation, the District Magistrate shall assess the
actual requirement of additional institutions, keeping in mind the occupancy
levels of the existing institutions; and
(xv) certify to the effect that the relevant provisions of the Act and rules have been
complied with.
(7) The State Government shall after verifying that facilities exist in the
institution for the care and protection, health, education, boarding and lodging
facilities,vocational training and rehabilitation of children as per the Act and
theserules, confirming that all eligibility conditions in the Act and any other criteria as
prescribed by the Centre or the State have been met, and taking into account the
requirements of the district and recommendation from the District Magistrate about
the applicant institution may issue a registration certification to such institution
under sub- section(1) of section 41 of the Act in Form 28:
Provided that, while registering these institutions, the plan for
education and the services provided for education and vocational skill
training shall be in accordance with the Right of Children to Free and
Compulsory Education Act, 2009 (Central Act 35 of 2009) or The
Karnataka Education Act, 1983 (Karnataka Act 01 of 1995), the
directions issued by the Department of Education, and the Karnataka
Skill Development Corporation and other Departments responsible for
residential hostels from time to time:
Provided further that, registration may not be refused solely if the
institution does not comply with building or accommodation norms, but
provides rehabilitation and re-integrative services under sub-section (1)
of section 53.
(8) The State Government shall not grant provisional registration
where the documents submitted are not complete and where adequate
facilities do not exist in the institution applying for registration. 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, after having provided an
opportunity to the applicant to be heard, and giving reasons in writing for
the decision taken.
(9) Upon granting registration, four follow up visits shall be made in
the first year by the District Child Protection Unit. The District Child
Protection Unit may use Form 46 as a checklist for such visits and shall
interact with children during such visits and record their observations.
(10) The District Magistrate shall ensure a detailed annual
inspection of all the institutions in the district which have been
registered under the Act and such inspection shall be carried out in the
format as provided under Form 46.
(11) The State Government shall ensure a detailed inspection is
conducted where provisional registration has been granted or review
annually after registration under sub-section (1) of section 41 of the Act,
of the facilities, staff, infrastructure and compliance with the standards
of
care,protection,
rehabilitation
and
reintegration
services
and
management of the institution or the organisation as laid down under the
Act and these rules.
(12) If the quarterly inspection by the Committee, Board or
Inspection Committee 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 shall, at any time, serve notice on the
management of the institution and after giving an opportunity of being
heard, declare within a period of sixty days from the date of the detailed
inspection or annual review as the case may be, that the registration of
the institution or organisation, shall stand withdrawn or cancelled from a
date specified in the notice and from the said date, the institution shall
cease to be an institution registered under sub-section(1) of section 41 of
the Act.
(13) On receiving any complaint about the improper functioning,
misuse of funds or poor quality of care to children or non-adherence to
orders of the Board or Committee in any child care institution registered
under the Act, the District Magistrate shall constitute a committee of
enquiry and authorize the District Child Protection Officer to facilitate
inspection by such committee to evaluate the institution and furnish a
report within thirty days from the date of reporting the incident.
(14) When an institution ceases to be an institution registered under
the Act or has failed to apply for registration within the time frame laid
down in the said provision or has not been granted provisional
registration, the said institution shall be managed by the State
Government, or the children placed therein shall be transferred by the
order of the Board or the Committee, to some other institution,
registered under sub-section(1) of section 41 of the Act, or be restored to
the care and custody of their parents or lawful guardians after due
inquiry, by the order of the Board or the Committee, as the case
may be.
(15) All institutions shall be bound to seek renewal of registration
three months prior to the expiry of the period of registration and in case
of their failure to seek renewal of registration before the expiry of the
period of registration of the institution, the institution shall cease to be
an institution registered under sub- section (1) of section 41 of the Act
and provisions of sub-rule (10) of these rule shall apply.
(16) The institutions applying for registration or for a renewal shall
pay the fee notified by the State Government.
(17) The District Child Protection Officer shall give a ‘Receipt for the
Application of Registration or Renewal’ to the institution and such
receipt shall be treated as provisional registration to run an institution,
until the registration certificate is received, or for a maximum period of
six months, from the date of application, whichever is earlier.
(18) The District Child Protection Officer shall ensure that the
conditions specified in the Act and these Rules are satisfied and that the
details furnished in the applications are correct and updated, and then
submit the application to the District Magistrate for the District
Magistrate’s recommendation. The District Child Protection Officer shall
forward the application to the Registration Authority after obtaining the
District Magistrate’s recommendation.
(19) An application for renewal of registration of an institution shall
be disposed of within sixty days from the date of receipt of application.
(20) The decision on renewal of registration shall be based on the
annual inspection report done by the District Magistrate under Form 46A
in the year in which the renewal is sought.
(21) The Central Government shall facilitate developing a model
online system for receipt and processing of applications and grant or
cancellation of registration of child care institutions, and in the interim,
the systems existing in the States and Union Territories shall continue.
(22) A complaint to the police for contravention of section 42 of the
Act shall be filed by the District Child Protection Officer or any officer
authorised by the State Government.
27. Procedure to be followed by institutions registered under
the Act for child in need of care and protection.- (1) Upon being granted
registration, the institution shall produce all children in need of care and
protection as defined in sub-section (14) of section 2 of the Act before the
Committee.
(2) Every new admission of a child in need of care and protection as
defined in sub-section (14) of section 2 of the Act shall be brought before the
Committee by the registered institution.
(3) The registered child care institutions shall submit a report, every
quarter to the Committee and the District Child Protection Unit, of all children
in the institution for information as per a format prescribed by the State Child
Protection Society. The District Child Protection Unit shall forward the same to
the District Magistrate.
28. Manner of registration of Group Foster Care.-(1) Every Group Foster
Care shall be registered under the Act in a manner as prescribed under these
rules.
(2) All such Foster Families willing to undertake children under Group
Foster Care shall make an application to the State Government. At the time of
application, the Foster Family shall also make declaration under Form 50
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 State Government.
(3) The State Government shall then verify the declaration form of the
Foster Family with the concerned Departments/ Agencies and if found
otherwise by the State Government, the Foster Family shall be liable for
punitive action and immediate disqualification.
(4) Within a month of receipt of application for registration of Group
Foster Care, the application shall be referred to the concerned District
Magistrate by the State Government, for conducting inspection of the Group
Foster Care and sending its recommendations.
(5) The District Magistrate shall conduct inspection and send its
recommendation as per Form 47 within thirty days from the date of receipt of
call of recommendation from the State Government.
(6) The District Magistrate while making its recommendations for
registration of Group Foster Care shall examine that the Group Foster Care has
the following facilities, namely:–
(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 and developmentally appropriate facilities for recreation, extra-
curricular activities such as sports, music, dance, drama, art, and the like;
Provided that the application is for a group foster care for
children with disabilities ensure that the facilities are access
friendly and are able to cater to the disabilities and challenges of
children placed.
(v) provide vocational training according to the interests of the child;
(vi) mandatory police verification of all the adults in the group foster care; and
(vii)
income tax returns of the adult individuals for the past three years or
latest or bank statement or income certificate.
(7) The State Government after considering the recommendations
of the District Magistrate and verifying that provisions exist in the facility for
the care and protection of children, health, education, boarding and lodging
facilities, vocational facilities, the State Government may issue a registration
certificate in Form 48.
(8) The District Magistrate shall ensure a detailed annual inspection to
review the group foster care facility after registration of the group foster care as
per Form 47.
(9) The Child Welfare Committee shall ensure monthly visits of Group
Foster Care through the District Child Protection Unit to check the well-being
of the children in the Group Foster Care and identify areas of support needed
in Form 35. The District Child Protection Unit shall submit Form 35 to the
Child Welfare Committee; and
Child Welfare Committees shall conduct an inspection once a
quarter as per Form 47;
(10) The inspection reports of the District Magistrate, the monitoring
report of Inspection Committees Foster Care Placement Monitoring Committee,
and the Child Welfare Committees shall be shared with the District Child
Protection Unit within a period of fifteen days of inspection for taking corrective
action.
(11) Wherever the District Magistrate or the Inspection Committees
Foster Care Placement Monitoring Committee or the Child Welfare Committee
finds the Group Foster Care to be in violation of the provisions of the Act and
these rules, the District Magistrate or the Committee shall recommend
cancellation of registration of the Group Foster Care to the State Government
and forthwith shift the children from the Group Foster Care to a foster family
or group foster care or a child care institution by following due process:
Provided that, as far as possible children are shifted to another
foster family or group foster home.
29. Open Shelter.-(1) The State Government may establish open shelters by
itself or through voluntary or non-governmental organisations.
(2) All organisations and persons who wish to establish open shelters
or already running open shelters shall, make an application in Form 27 to the
State Government for registration.
(3) The applicants shall submit a report of the need for opening such
open shelters along with a survey on the status of children indicating the
number of children where the open shelter is proposed to be established. After
proper police verification and other inquiry as deemed necessary, the
organisation or person may be approved for running the open shelter.
(4) The open shelters shall be registered as provided under sub-
section (1) of section 41 of the Act in Form 28.
(5) The services provided in the open shelters may include day care
and night residential facilities including food, washing facilities and toilets
and any other facility as the State Government may deem fit.
(6) The capacity of an open shelter should be such as to accommodate
twenty-five to fifty children at one time and shall include a kitchen, dining
facilities, bathrooms and toilets, lockers and recreational facilities.
(7) In cases where, the agency in charge of the open shelter finds that
a child may require more than short term care and protection exceeding
twenty-four hours, such child may be produced before the Committee for
appropriate further steps.
(8) The open shelter shall not refuse admission to any child in need of
care and protection at any time.
(9) Each open shelter shall send monthly information in Form 29 to
the District Child Protection Unit which will be informed to District
Magistrateand the Committee regarding the children availing the services of
the open shelter.
30. Foster Care.- (1) The State Government may place children in need of care and
protection in foster care, including group foster care, through order of the
Committee for a short or extended period of time;
(i) Before placing the child in foster care the Committee shall exhaust all
possibilities of placement of the child in the extended family,
(ii) While placing the child in foster care, the Committee shall ensure the following
in order of preference, namely:-
(a) child is placed in a similar social cultural milieu;
(b) first preference shall be given to an unrelated foster family known to the
child;
(c) second preference shall be given to an unrelated foster family which is not
known to the child; and
(d) third preference shall be given to Group Foster Care.
(2) The District Child Protection Unit shall be the nodal authority for
implementing the foster care programme in a district and shall function under
the supervision of the District Magistrate of the district.
(3) All decisions related to placement of a child in foster care shall be
taken by the Committee within a period of three months from the date the
child has been recommended for foster care placement by the District Child
Protection Unit.Children in the age group of six years and above who are not
being adopted after being declared legally free for adoption may be considered
for placement in foster care in the circumstances mentioned in sub-rule(1) of
rule 53 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 of a child living in an institution or the Child Study Report in Form 31
of a child living in the community and the opinion of the child with due
regard to the child’s age and maturity before deciding the type of foster care.
The child shall be informed and prepared throughout the process and the
child’s consent taken during the final placement with due regard to the child’s
age and maturity.
(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:
Provided that no child regarded as adoptable by the Committee, shall
be placed in long term foster care as per sub-section (9) of section 44 of the
Act.
(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 the group foster care setting. Recognising
that every child has the right to grow in a family environment, every attempt
shall be made to reunite the child with the biological family, if possible and in
the best interest of the child.
(8)The Committee before placing the child in foster care shall obtain a
Home Study Report of the prospective foster family through the District Child
Protection Unit in Form 30. The District Child Protection Unit shall submit
the Home Study Report of the prospective foster family to the Committee
within thirty days from the date of receipt of the application by the District
Child Protection Unit.
(9) 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.
(10) The District Child Protection Unit, while selecting foster families
shall apply the following eligibility criteria:-
(i) single adult or spouses
(ii) must be Indian citizens;
(iii)if married couple, both spouses must be willing to foster the
same child;
(iv) single adult or each of the spouses must be above the age of 35
years and below the age of 65 years. They must be in good
physical, emotional and mental health:
Provided that, the lower age limit may be relaxed after
recording reasons, if a child below six years is being placed and
the family is found economically and emotionally stable. Under
no circumstances shall either spouse be younger than 29
years. The reasons for such an exception shall be included in
the Home Study Report for the Committee to consider while
deciding the placement of a child.
(v) ordinarily the foster family should have an income with which they
are able to meet the needs of the child;
(vi) medical reports including mental health records of all the members
of the foster family residing in the premises shall be obtained
including
reports
for
the
Human
Immunodeficiency
Virus,
Tuberculosis (TB) and Hepatitis-B or any other contagious
disease, etc., to determine that they are medically fit:
Provided
that,
disclosure
of
reports
for
Human
Immunodeficiency Virus is voluntary and members of the foster
family
cannot
be
compelled
to
disclose
Human
Immunodeficiency Virus status, except in accordance with
section 8 of the Human Immunodeficiency Virus and Acquired
Immune Deficiency Syndrome (Prevention and Control) Act,
2017 (Central Act 16 of 2017)
(vii)
the foster family must have adequate space and basic
facilities to accommodate the number of children they are being
assessed for;
(viii)
no member of the foster family or the foster caregiver in case
of a group foster care setting has any criminal record;
(ix) no member of the foster family has a history of having abused,
exploited or neglected a child;
(x) there is a stable emotional environment within the foster family;
(xi) the foster parents have an income to meet their needs and are not
dependent on the foster care maintenance payment;
(xii) the minimum age gap of the child and each of the foster parents
is more than twenty five years;
(xiii) a single adult has a family support system; and
(xiv) A single male adult shall not be eligible to foster a girl child.
(11) The District Child Protection Unit, while selecting Group foster care setting
shall consider the following illustrative criteria:
(i) the Group Foster Care setting shall be registered under rule 27A of these rules
and the inspections of the Group Foster Care setting shall be conducted as per
provisions laid under these rules;
(ii) the Group Foster Care setting having registration under rule 27A of these rules
shall follow the norms and standards as given under the Act and these rules
and the norms and standards as laid down under these Rules shall be
applicable as per children placed in Group Foster Care, which is a maximum
number of eight children including biological children of the foster caregiver;
(iii)the Group Foster Care has an understanding of the standard operating
procedure in the foster care guidelines notified by the State Government for
dealing with complaints and child rights violations;
(iv) sufficient space and proper amenities for children;
(v) medical reports including mental health records of all the members of the
residing in the premises shall be obtained including reports for the Human
Immunodeficiency Virus, Tuberculosis (TB) and Hepatitis-B or any other
contagious disease, etc., to determine that they are medically fit:
Provided that, disclosure of reports for Human Immunodeficiency Virus is
voluntary and members of the group foster care facility cannot be compelled to
disclose Human Immunodeficiency Virus status, except in accordance with
section 8 of the Human Immunodeficiency Virus and Acquired Immune
Deficiency Syndrome (Prevention and Control) Act, 2017 (Central Act 16 of
2017); and
(vi) any facility housing more than eight children including biological and adopted
children in shall be registered as a Child Care Institution.
(12) The process for selection of Foster family or Group foster setting shall be
notified by the State Government.
(13) 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.
(14) The foster family or group foster care givers shall sign an undertaking for
foster-care of the child in Form 33.
(15) The District Child Protection Unit shall maintain a record of each child in
foster care in Form 34.
(16) After the final order for foster care placement is passed in Form 32, the
Committee shall ensure monthly visits of the foster families or group foster care in
Form 35 to check the well-being of the child placed in short term foster care for the
period of first six months and thereafter every three months for a minimum period of
one year or till such time as the Committee deems fit.
(17) The foster family or group foster care givers 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 the 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 the child’s biological family
in consultation with the Committee, keeping in view the best interest of
the child;
(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.
(18) The Committee shall ensure that counselling is given to the biological
parent or parents or legal guardian about the foster care placement of the said child
and their consent is taken before such placement.
(19) The Committee shall ensure that all efforts are made to keep siblings
together in foster care placement, unless it is not in their best interest:
Provided that, an order for separation of siblings shall be done only in
extraordinary circumstances, with reasons in writing, and that when such order is
passed, it shall include orders for regular sibling visits, which shall be facilitated.
(20) While passing an order for foster care, the Committee shall ensure that the
number of children placed under foster care with a foster family shall not exceed two
at any given point of time; the total number of children in the foster family including
biological and adopted children shall not exceed four; and the total number of children
in the group foster care setting shall not exceed eight including biological and adopted
children, except in case of siblings being placed in foster care in such foster
families or group foster care setting.
(21) The foster family or group foster care shall be black listed from the foster
care programme and shall also not be eligible to adopt a child under the Act:
(i) if the foster family or persons in group foster care are convicted of an offence
involving moral turpitude, and such conviction has not been reversed or has not
been granted full pardon in respect of such offence; and
(ii) if a complaint, of child abuse or violation of human rights or child rights,
registered against the foster family or persons in group foster care has been
proven by the State Government, based on an inquiry.
Explanation: For the purpose of this rule, a blacklisted foster family or group
foster family shall not be eligible to apply for foster care.
(22) The State Government shall frame Guidelines for non-institutional care
including foster care in compliance with the Act and these rules within a period of
three months from the date of notification of these rules, which shall form the basis of
the Foster Care program to be implemented in the State.
31. Withdrawal of a Child from Foster Care.- (1) The Committee, after
considering the recommendations of the District Child Protection Unit and the
views of the child and the biological family, may withdraw a child from a foster care
placement in the child’s best interest under the following circumstances:-
(i) When the child attains the age of 18 years;
(ii) When the child can be restored to the biological family and such
restoration is in the child’s best interest;
(iii)When the child is matched with a prospective adoptive family for adoption
under the Act;
(iv) When the Foster Family or group foster care setting and the child are
unable to adjust even after post- placement counselling sessions;
(v) When the Foster Family or group foster care setting do not want to
continue in the Foster care program because of changes in their family
circumstances or any other circumstances; and
(vi) In case of reports or complaints against the Foster Family or group foster
care setting by anyone including the biological family, or recorded in the
monthly inspection Form 35.
(2) The Committee shall give a week’s notice to the foster family or group foster
care giver in writing and shall conduct an inquiry, taking into consideration the views
of the foster family or persons in charge of group foster care and the child before
withdrawal of the child from foster care placement:
Provided that, in case of reports or complaints indicating neglect or physical,
sexual or emotional abuse of the foster child in the foster home, the child shall be
immediately withdrawn from foster care, following which the Committee shall initiate
an inquiry and recommend the police to file a First Information Report, where
necessary.
(3) Depending on the reason for withdrawal, the Committee may also issue an
order to remove the foster family from its panel of Foster Families or cancel the
registration of the group foster care;.
32. Temporary recall of a child from a foster care placement.- The
Committee, after considering the recommendations of the District Child Protection
Unit and the views of the child, may temporarily recall a child from foster care
placement when there are difficulties in the foster family or the group foster care
setting such as a death of a family member, financial problems or changes in the
family constellation that the family cannot cope with and could affect the well-being
of the child.
33. Review of Foster Care Programme.-The District Magistrate shall conduct a
quarterly review of the foster care programme including the decisions taken by
Committee, actions taken by the District Child Protect Unit and issues in
implementation, if any. The District Magistrate may facilitate the foster care program
in the manner required.
34. Sponsorship.-(1) The State Government shall notify a sponsorshipprogramme
with guidelines under this Act, which may include:
(i) individual to individual sponsorship;
(ii) group sponsorship;
(iii)community or organisation sponsorship;
(iv) support to families through sponsorship;
(v) support to children in need of care and protection in child care
institutions who are being restored to families; and
(vi) sponsorship through institutions, companies or corporations either
public or private; Explanation: For the purposes of this clause,
sponsorship shall be prioritized for providing support to families for
the purpose of restoration of the child to the family or relative or
guardian.
(2) The District Magistrate shall draw up a sponsorship plan for the district in
consultation with the stakeholders, generate resources by way of public and private
contributions and ensure that the vulnerable children in the district are supported
either partially or fully, as per their requirement
(3) The District Child Protection Unit shall prepare a panel of persons or
families or organisations interested in sponsoring a child as well as a list of 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 for passing the appropriate order for
placement of the child under sponsorship in Form 36.
(5) The Board or the Committee or the Children’s Court may suo-motu or on an
application received in that behalf, consider the placement of a child under
sponsorship and pass an order for the child approved to receive 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 through Direct Benefit Transfer from
the bank account of the District Child Protection Unit to the bank account of the
child.
(7) The duration of the sponsorship should be as per the Individual Care Plan
of the child, which may cover a period up to the age of eighteen years and may also
be extended to the aftercare program of the child.
(8)
The
procedure
for
sponsorship
through
individuals,
institutions,
organisations, companies or corporations either public or private shall be as specified
by the State Government.
35. Aftercare of Children Leaving Institutional Care.-(1) The State Government
through the District Magistrate shall prepare an Aftercare programme with guidelines
for children who 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 reintegration into the mainstream of
society.
(2) Any child who leaves a child care institution may be provided aftercare 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 four 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 aftercare 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 in consultation with the child and submit
the same to the Board or the Committee, three 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 shall 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 aftercare programme.
(6) Children who are placed in an aftercare programme, shall be provided funds
by the State Government for their essential expenses; and such funds shall be
transferred directly to their bank accounts.
(7) The services provided under the aftercare 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, apprenticeship and placement in
commercial establishments through co-ordination with National Skill
Development Programme, Indian Institute for Skill Training and other
such Central or State Government programmes and corporates, etc.
subject to the condition that such business/ industry/agency is found
suitable for engaging with children and prescribes to Child Protection
Policy as mandated under Protection of Children from Sexual Offences
Rules, 2020;
(iv) provision of a counsellor to stay in regular contact with such persons to
discuss their rehabilitation plans;
(v) provision of creative outlets for channelizing 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
setup entrepreneurial activities;
(vii)
encouragement to sustain themselves without State or institutional
support; and
(viii)
facilitating employment and entrepreneurial opportunities.
(8) The District Magistrate may facilitate scholarships for higher education; loan
for education or starting small business for children leaving the Child Care
Institutions and convergence with the Government schemes or private entrepreneurs
may be explored for the purpose.
(9) The District Magistrate may facilitate campus placements and apprenticeship
assignments in collaboration with the local businesses and industry, subject to the
condition that such business or industry or agency is found suitable for engaging with
the children in the after care program and prescribes to the Child Protection Policy as
mandated under the Protection of Children from Sexual Offences Rules, 2020.
(10) The District Magistrate may maintain oversight on arrangements with
external agencies and other stakeholders to ensure that the interest of persons in
aftercare are not compromised in any manner
(11) The State Government shall establish and maintain adequate number of
aftercare residential facilities, either by itself or through non-governmental
organizations with an objective to facilitate the social reintegration of children who
have been released from the Special homes or Children homes, from an institution
based life to mainstream society.
(12) Aftercare residential facilities, or group housing facilities on temporary
basis, shall be set up for groups of boys, girls, and third gender between eighteen and
twenty one years of age. The aftercare residential facilities shall:-
(i) provide
accommodation,
maintenance,
educational
and
vocational
guidance facilities for the development of the individual’s abilities;
(ii) ensure all round development of their personality
and provide
opportunities to enable them to reintegrate into the community as law
abiding citizens;
(iii)ensure protection from abuse and exploitation and prevent them from
exposure to negative influences;
(iv) in case of individuals pursuing professional courses, the State
Government shall meet the expenditure on education, boarding and
lodging in concerned hostels where available; and
(v) avail the services of Social Workers or volunteers recognised by the
Committee or the Board as Fit Persons, fit for aftercare to supplement the
available services of Probation and Case Work.
(13) A child who has been employed shall be encouraged and supported to leave
the facility, after three months from the date of such employment, or on attaining the
age of 25 years, whichever is earlier.
(14) The Board or Committee may pass an order in Form 37A for placing a
child completing 18 years of age under the aftercare programme; a copy of such order
shall be sent to the District Child Protection Unit, and State Government, who shall
be responsible for arranging aftercare.
(15) The District Magistrate shall monitor the after careprogramme offered by
the State Government or by non-governmental organizations in their jurisdictions.
(16) The State Government shall facilitate access to other State and Central
schemes that enable the individuals in the aftercare program to avail the benefits
under them. The District Child Protection Units shall ensure such schemes are
accessed by the individuals in the aftercare program in their districts.
(17) The District Child Protection Unit shall create a pool of aftercare service
providers including volunteers recognized by the Committee or the Board as Fit
Persons, fit for aftercare, to supplement the available services of Probation and Case
Work.
(18) The State Government shall notify Aftercare Guidelines within six months of
the notification of these rules.
36. Management and Monitoring of Child Care Institutions.- (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. The staff
of the child care institution shall be subject to control and overall supervision of the
Person-in-charge who
by
order,
shall
determine
their
specific
duties
and
responsibilities in keeping with the statutory requirements of the Act and these rules.
(2) 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.
(3) In case of child care institutions housing girls, the Person-in-charge and
preferably all of the staff shall be female; and in case of child care institutions housing
boys, the Person-in-charge and majority of the staff shall be male.
(4) All staff shall respect the dignity and privacy of children in child care
institutions.
(5) Any person associated with a child care institution must 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 their 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 50
children may be as below:
Sl.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
2
3.
Counsellor/Psychologists/mental health expert
2
4.
House Mother/House Father
2
5.
Educator/Tutor
2 (part time;
based on
grades)
6.
Medical Officer(Physician)
1 (on call)
7.
Para-medical staff/Staff Nurse/Nursing Orderly
1
8.
Store Keeper cum Accountant
1
9.
Art and Craft & activity teacher
1 (part time)
10.
PT Instructor-cum-Yoga trainer
1 (part time)
11.
Cook
1
12.
Helper
1
Sl.No
Personnel/Staff
Number
13.
Housekeeping
1
14.
Driver
1
15.
Gardener
1(part time)
16.
Security
4
(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
thechild 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 paramilitary personnel or through Director General of Resettlement.
(11) The security personnel shall not be with arms or guns but have training
and special skills to handle a crisis situation, control violence and escape of children
from the institution, conduct search and frisking and security surveillance.
37. Fit Facility.-(1) The Board or the Committee shall, on an application
from any institution or organisation run by Government or non- governmental
organisation, recognise the facility as a fit facility provided the manager of that facility
is willing temporarily to receive a child for a specific purpose or for group foster care.
(2) An application in Form 38 for recognition shall be accompanied with a copy
each of rules, bye-laws, memorandum of association, list of governing body, office
bearers, list of trustees, balance sheet of the preceding three years, statement of
past record of social or public service provided by the institution or organisation.
(3) Any facility for recognition as a fit facility shall:
(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 from 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, rehabilitation and reintegration 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
must not have been convicted of an offence or have been involved in any immoral
actor 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 accorded 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 these rules.
(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 organizationrecognized 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 these 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 District Magistrate, 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) An updated list of fit facilities recognised by the Board or the Committee shall
be kept in that office and be sent to the District Magistrate, Children’s Court, Special
Juvenile Police Unit, the District Child Protection Unit and the State Child Protection
Society. The list shall be updated by the District Child Protection Unit whenever a
new fit facility is recognised or recognition to an existing facility is withdrawn.
(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 and;
(vii) witness protection;
(11) The services to be provided by the fit facility may include:
(i) food, clothing, water, sanitation and hygiene;
(ii) mental health interventions including counseling;
(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 as per the norms and
standards of the Right of Children to Free and Compulsory
Education Act 2009 (central Act 35 of 2009) and the Karnataka
Education Act, 1983 (Karnataka Act 01 of 1995) and related rules;
(v) recreation, sports, fine arts and group work activities; and
(vi) All available opportunities for regular contact of a child with their
biological family, adoptive family, guardians, or relatives, if it is in
the child’s best interest.
(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.
(13) The State Government shall establish a Fit Facility for temporary care of
children and their biological or adoptive parents and siblings, as may be required for
their care and protection.
38. Fit Person.-(1) Any individual who is found fit to temporarily receive a
child for a specific purpose, including for care, protection or treatment for a period
as may be necessary by the Board or the Committee, may be recognised as a fit person
by the Board or the Committee.
(2) The Board or the Committee shall periodically screen suitable persons to
evaluate their capacity and suitability as fit persons, and such screening shall be done
based on the following criteria;
(i) police verification to ensure that such a person has not been accused of
an offence under the Act or involved in any immoral act or in act of child
abuse or employment of child labour or in an offence involving moral
turpitude;
(ii) appropriate kinds of expertise for various purposes that fit persons may
be appointed for;
(iii) professional qualifications, if required to suitably perform the purpose for
which the person is being recognized as a fit person;
(iv) experience of dealing with children; and
(v) willingness to take on the responsibility of a fit person for the specific
purpose, as determined by the Board or Committee.
(3) The Board or the Committee shall regularly update the panel of fit persons.
(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 District Magistrate, 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
continuously updated and maintained 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
Magistrate, 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 or odd time.
(8) The Board or the Committee or the Children’s Court, depending on the needs
of the child and in consultation with the fit person shall determine the period for
which a child shall remain with the fit person.
(9) The child shall not be placed with a fit person for a period exceeding ninety
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 ninety days, refer the matter to the
Committee for further orders in respect of the child.
(10) The State Government shall frame guidelines for identification of Fit Persons
within three months of the notification of these rules.
39. Physical infrastructure.-(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; and
(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 allegedly 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; and
(b) classification and segregation of children on the basis of age and
nature of offences and their mental and physical status.
(iii)Place of Safety:
(a) for children in the age group of 16 to 18 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; and
(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) Children of the same gender between 7-18 years may be kept in the
same home:
Provided that, separate bathing and sleeping facilities shall be
maintained for those in the age group of 7-11 years and 12-18 years:
Provided further that, all efforts shall be made to keep siblings
irrespective of gender and age placed in institutional care together, unless
it is in their best interest not to be kept together.
(b) 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 there in.
(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 norms for building or accommodation in each institution with 50
children as prescribed by the State Government.
(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
disability inclusive infrastructure.
(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;
(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) web cam;
(vi) furniture for officials, record keeping cabinets, work stations, wheelchair
and stretchers for medical room;
(vii)
chairs and tables for study and dining hall; and
(viii)
projector.
40. Clothing, Bedding, Toiletries and other Articles.-(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 prescribed by
the State Government
(2) In addition to the clothing specified above, each child shall be provided,
once in three years, with a suit consisting of one white shirt, one pair of shorts or
pants or clothing, as per the child’s wishes and culture, one pair of white canvas
shoes and one blazer for use during ceremonial occasions. In the case of girls it
shall be one white half sari or one salwarkameez or one white skirt and one white
blouse, a pair of white canvas shoes and a blazer, or clothing as per the child’s wishes
and culture, and a weather inclusive formal clothing. Children shall not be coerced or
compelled to wear clothes they do not want.
(3) Toiletry: Every resident of the child care institution shall be issued oil, soap
and other material as per the following scale, namely:-
Sl.No.
Items
Quantity to be issued per
child
1.
Hair Oil for groominghair
100 ml per month.
2.
Toilet soap/hand wash
2 bars of 100gm per month.
3.
Toothbrush
1 in every 3 months.
4.
Toothpaste
100gm (a tube) per month.
5.
Comb
1 in every 3 months.
6.
Shampoo sachets
8 in a month(10ml/per
sachet).
7.
Bathing soap
2 bars of 125gm per month.
8.
Hairclip/band
2 bands in 3month.
9.
Moisturiser or cold cream (during
winters)
250 ml in a month.
(4) For washing of clothes and towels, bed-sheet, etc., the following scale may be
followed:
(i) washing soap: 3 soaps for one month (125gms) or equivalent
washing powder; and
(ii) whitening or bleaching agent to the extent required only for white
clothing.
The hospital clothing shall not be mixed with other clothing at the time of
washing and if necessary, the Superintendent can issue the above items separately for
washing of hospital clothing. The superintendent may make arrangements for
washingmachinesto be installed, as required.
(5) The following items shall be provided for maintaining the child care
institutions in a healthy and sanitary condition; namely:-
Sl.
No.
Items
Scale of Supply
1. Broomstick
25 to 40 per month depending on the area of the
institution.
2. Pesticide spray
As per the institution doctor’s advice.
3. Effective
bugs
killing agent
As required.
4. Phenyl
and
cleaning acid
Depending on the area of lavatories to be (daily)
cleaned as per institution doctor’s advice.
5. Mosquito
repellent machines
2 per room per month with adequate refills
41. Sanitation and Hygiene.-(1) Every child care institution shall have the
following facilities, namely:-
(i) sufficient treated drinking water; water filters or RO shall be
installed at multiple locations in the premises for easy access such
as kitchen, dormitory, recreational rooms, etc;
(ii) sufficient water including hot water for bathing and washing
clothes, maintenance and cleanliness of the premises;
(iii)proper drainage system with regular maintenance;
(iv) arrangements for disposal of garbage;
(v) protection from mosquitoes by providing mosquito nets or
repellants;
(vi) annual pest control;
(vii) sufficient number of well-lit and airy toilets with proper fittings
in the proportion of at least one toilet for seven children;
(viii) sufficient number of well-lit and airy bathrooms with proper
fittings in the proportion of at least one bath room for ten children;
(ix) sufficient space for washing and drying of clothes;
(x) washing machine wherever possible;
(xi) lean and fly-proof kitchen and separate area for washing utensils;
(xii) sunning of bedding twice every month and clothing on regular
basis;
(xiii) maintenance of cleanliness in the Medical Centre;
(xiv) daily sweeping and wiping of all floors in the home;
(xv) cleaning or washing of the toilets and bathrooms twice every day;
(xvi) proper washing of vegetables and fruits and hygienic manner
of preparing food;
(xvii) cleaning of the kitchen slabs, floor and gas after every meal;
(xviii)
clean and pest proof store for maintaining food articles and
other supplies;
(xix) disinfection of the beddings at least once a year;
(xx) fumigation of a sick room or isolation room after every discharge
in case of contagious or infectious disease; and
(xxi) cleanliness in the medical centre.
42. Daily Routine.-(1) Every child care institution shall have a daily routine for
children developed in consultation with the Children’s Committees, which shall be
prominently displayed at various places within the child care institution.
(2) The daily routine may provide, in teralia, for a regulated and disciplined life,
personal hygiene and cleanliness, physical exercise, yoga, educational classes,
vocational training, organised recreation and games, moral education, group activities,
prayer and community singing and special programmes for Sundays and holidays and
national holidays, festive days, birthdays.
43. Nutrition and Diet Scale.-As notified by the State Government for regular
meals and for special occasions such as national holidays, festivals and birthdays of
children residing in the child care institution.
44. Medical Care.-(1) In all child care institutions, a medical officer shall be
made available on call whenever necessary for regular medical check up and
treatment of children.
(2) A nurse or a paramedical shall be available round the clock in all child care
institutions.
(3) Every child care institution may:
(i) arrange for medical examination of each child admitted in an
institution by the Medical Officer within twenty-four hours of
admission and in special cases or medical emergencies immediately:
Provided that, every Specialised Adoption Agency shall
have a pediatrician on call.
(ii) arrange for a medical examination of child by the Medical Officer
at the time of transfer within twenty four hours before transfer and
issue a fitness certificate for the purpose of travel;
(iii)maintain a medical record of each child on the basis of monthly
medical
check-up
and
provide
necessary
medical
facilities
preferably weekly for children up to the age of 11 years and at least
fortnightly for children between 11 to 18 years:
Provided that, such
records shall
include records of
immunizations and vaccinations, etc;
(iv) ensure that the medical record includes weight and height record,
any sickness and treatment, and other physical or mental problems;
(v) have facilities for quarterly medical check-ups including dental
check-up, eye testing and screening for skin problems and for
treatment of children;
(vi) ensure that a quarterly medical screening is conducted for each
child through the nearest government health care facilities or
private health care facilities;
(vii)
every institution to have first aid kit and all staff be trained in
handling first aid including basic resuscitation;
(viii)
make necessary arrangements for the immunization of
children;
(ix) take preventive measures in the event of out-break of contagious
or infectious diseases;
(x) keep sick children under constant medical supervision;
(xi) not carry out any surgical intervention in a hospital on any child
without the previous consent of the parent or guardian, unless the
parent or guardian cannot be contacted and the condition of the
child is such that any delay would, in the opinion of the medical
officer, involve unnecessary suffering or injury to the health of the
child or danger to life, or without obtaining a written consent to this
effect from the Person-in- charge of the institution;
(xii)
provide or arrange for regular counselling of every child and
ensure specific mental health interventions for those in need of
such services, including separate rooms for counseling sessions
within the premises of the institution and referral to specialized
mental health centres, where necessary;
(xiii)
refer such children who require specialized drug de-addiction
and
rehabilitation
programme,
to
an
appropriate
centre
administered
by
qualified
persons
or
running
under
any
Government Scheme of the Ministry or Department where these
programmes shall be adopted to the age, gender and other
specifications of the child concerned; and
(xiv) not carry out any surgical intervention in a hospital on any
child without the previous consent of the child’s parent or
guardian, unless the parent or guardian cannot be contacted
and the condition of the child is such that any delay would, in
the opinion of the medical officer, involve unnecessary
suffering or injury to the health of the child or danger to life,
or without obtaining a written consent to this effect from the
Person-in-charge of the institution; and the concerned
Committee.
(4) Baseline investigation of blood grouping and RH typing and screening for
any congenital disorders, Complete Blood Count (CBC), Urine Routine, Human
Immunodeficiency Virus or Acquired Immune Deficiency Syndrome, Hepatitis B and
Hepatitis C tests and allergy or addiction to drugs shall be conducted for all children
at the time of entry, with the consent of the child or family wherever applicable, into
the institution as suggested by the doctor after examining the child.
(5) Test for pregnancy or diseases for victims of sexual offences shall be
conducted, if required by the order of the Board or the Committee or the Children’s
Court. In such cases the District Child Protection Unit shall facilitate following of
the procedures laid down in the Medical Termination of Pregnancy Act, 1971 (Central
Act 34 of 1971), if so needed.
(6) The District Magistrate through the Chief or District Medical Officer shall
make provisions for those children diagnosed with special problems such as hormonal
problems, immuno-compromised diseases, physical and mental disabilities on the
recommendation of the medical officer. The children shall be kept in special care
homes or hospitals and avail necessary medical or psychiatric and psychological
support or treatment.
(7) All girls who have attained puberty shall undergo a health assessment to
detect iron deficiency. Necessary dietary plan and medicines shall be prescribed by the
nutritionist and appointed doctor, if need be.
(8) A psycho-social profile of every child shall be maintained by the child care
institution and updated every month. Special observations may be recorded, when
required. Person-in-charge of the institution shall ensure that any recommendations
made shall be duly complied with.
(9) The State Government may be approached by the District Magistrate in the
event of inadequate facilities in the District and the concerned State Government shall
make necessary arrangements in all such cases.
45. Mental Health.-(1) The environment in an institution shall be free from
abuse, allowing children to cope with their situation and regain confidence.
(2) All persons involved in taking care of the children in an institution shall be
provided necessary training or capacity building to facilitate an enabling environment
and work in collaboration with the therapists as needed.
(3) Milieu based interventions and individual therapy are must for every child
and shall be provided in all institutions.
Explanation.-For the purpose of this sub-rule, “milieu based intervention” is a
process of recovery, which starts through providing an enabling culture and
environment in an institution so as to ensure that each child’s abilities are discovered
and they have choices and right to take decisions regarding their life and thus, develop
and identify beyond their negative experiences, such intervention which has a critical
emotional impact on the child.
(4) Individual therapy is a specialised process and each institution shall make
provisions for it as a critical mental health intervention. The facilities available under
the mental health programme at State or district level under the Ministry of Health
and Family Welfare shall be utilized for providing facilities for mental health to the
children. In addition to these private facilities for mental health may also be utilized.
(5) Every institution shall have the services of trained counsellors or
collaboration with external agencies such as child guidance centres psychology and
psychiatric departments or similar Government and non- Governmental agencies, for
specialised and regular individual therapy for the child. Counsellors appointed by the
child care institutions shall undergo an orientation conducted by the State
Government through a recognized Mental Health Institution.
(6) The recommendations of mental health experts shall be maintained in every
case file, as required.
(7) No child shall be administered medication for mental health problems
without a psychological evaluation and diagnosis by trained mental health
professionals.
(8) Medicines should be administered to the children only by trained medical
staff and not by any other staff of the Home.
46. Education.- (1) Every institution shall provide education to all children
according to their age and ability in accordance with the existing educational norms
and standards, both inside the institution or outside, with due consideration to the
cultural and education rights of children.
(2) There shall be a range of educational opportunities including, mainstream
inclusive schools, bridge school, open schooling, non formal education and learning
where needed.
(3) Wherever necessary, extra coaching shall be made available to school going
children in the institutions by encouraging volunteer services or tying up with
coaching centres or tutors, in addition to teachers under the Right of Children to Free
and Compulsory Education Act, 2009 (Central Act 35 of 2009).
(4) Specialised trainers and experts shall be appointed to cater to the
educational needs of children with special needs either physical or mental. Learning
disorders shall be identified, assessed and reported in the Individual Care Plan.
Further assistance shall be given to the child by trained professionals.
(5) Regularity of the education programme and attendance of the children shall
be ensured by the competent authority of the Education Department on a periodic
basis.
(6) Children shall be supported to avail scholarships, grants and schemes and
sponsorships they are entitled to.
47. Vocational Training.- (1) Every child care institution shall provide gainful
vocational training to children according to their age, aptitude, interest and ability,
either inside or outside the child care institution.
(2) Vocational training shall include occupational therapy, skill and interest
based training, aimed at suitable placement at the end of the course. The institute,
preferably government recognised, providing vocational training shall give a certificate,
on the completion of the course:
Provided that, such a certificate does not stigmatize the child and is prepared
with due regard to the principle of privacy and confidentiality of the child.
(3) Where vocational training is offered outside the premises of the child care
institution, children shall be escorted for such programmes with proper security
planning and services, particularly for children who are at risk.
(4) A record shall be maintained for all children attending the programmes and
the progress made by each child shall be reviewed. The report in that regard shall be
submitted to the District Magistrate, Board or the Committee or the Children’s Court,
as the case may be, on a quarterly basis.
(5) Every child aged fourteen and above living in a Child Care Institution or
under non-institutional care may be given the option of skill development and
vocational training.
(6) The District Magistrate may ensure convergence with existing Central or
State Government programmes for skilling and vocational training of the children.
48. Recreational Facilities.-(1) Recreational facilities may include indoor and
outdoor games, yoga and meditation, music, television, picnic and outings, cultural
programmes, gardening and library, etc.
(2) Sufficient space shall be made available for outdoor sports and games.
(3) Picnic and outings may include education fair or science fair, museum,
planetarium, botanical garden, zoological garden, etc.
(4) Cultural events or sports competitions shall be held once in a quarter to
showcase talent on festivals or on days of national festivals.
(5) Library shall have a child friendly environment. There shall be books in
regional languages, newspapers, children’s magazines, puzzle books, picture books,
books in braille, audio and video devices, etc.
(6) Space in the home shall be made available for gardening with technical
input being given by a gardener to the children.
(7) Music, dance and art therapy may be included in the list of recreational
activities to enhance the healing process of each child.
(8) Regularity of the activities shall be maintained with support of institutions
and non-governmental organisations, if needed and a report shall be submitted on
quarterly basis to the Board or the Committee or the Children’s Court, as the case
may be.
49. Management Committee.-(1) Every Child Care Institution shall have a
Management Committee for the management of the institution and monitoring the
progress of every child.
(2) In order to ensure proper care and treatment as per the individual care
plans, children shall be grouped on the basis of age, nature of offence in respect
of children in conflict with law, and kind of care required, physical and mental health
and length of stay.
(3) The Management Committee shall comprise,-
(i) for government run child care institutions, District Child Protection
Officer
(District
Child
Protection
Unit)
-
Chairperson;for
institutions run by voluntary or non-governmental organization
Head of the Board or the Executive Committee or the Governing
Body - Chairperson;
(ii) Person-in-charge - Member-Secretary;
(iii) Probation Officer or Child Welfare Officer or Case Worker –
Member;
(iv) Medical Officer –Member;Medical Officer–Member, shall preferably
be a Pediatrician in a Specialised Adoption Agency (SAA).
(v) Psychologist or Counselor –Member;
(vi) Workshop Supervisor or Vocational Instructor –Member;
(vii)
Teacher –Member;
(viii)
Social Worker member of the Board or the Committee –
Member;
(ix) Two child representatives from each of the Children’s Committees
–Members;
(x) any other special invitee with the consent of the Chairperson, such
as the Cluster Resource Coordinators of the jurisdiction where the
institution is located, a member from the Directorate of Vocational
Education; and
(xi) for institution run by Non-Governmental Organizations or voluntary
organizations, a representative of the District Child Protection
Unit shall be the member of the committee;
(4) The Management Committee shall meet at least once every month to
consider and review:
(i) care in the institution, housing, area of activity and type of
supervision or interventions required;
(ii) medical facilities and treatment;
(iii)food, water, sanitation and hygiene conditions;
(iv) mental health interventions;
(v) individual problems of children and institutional adjustment;
(vi) quarterly review of individual care plans;
(vii) provision of legal aid services;
(viii) vocational training and opportunities for employment;
(ix) education and life skills development programmes;
(x) social adjustment, recreation, group work activities, guidance and
counseling;
(xi) progress, adjustment and modification of residential programmes to
the needs of the children;
(xii) planning
post-release
or
post-restoration
rehabilitation
programme and follow up for a period of two years in collaboration
with Protection officer- Non-institutional Careor aftercare services,
as the case may be; For children older than six years and who are
adoptable planning adoption placements through linked Specialised
Adoption Agencies. Planning non-institutional care arrangements
with the protection officer- non institutional care for children who
can be deinstitutionalized as per individual care plans
(xiii)
pre-release or pre-restoration preparation; including for
children being considered for adoption or foster care;
(xiv) release or restoration;
(xv) post release or post-restoration follow-up;
(xvi) minimum standards of care, including infrastructure and services
available;
(xvii) daily routine;
(xviii) community participation and voluntary participation in the
residential life of children such as education, vocational activities,
recreation and hobby;
(xix) all registers as required under the Act and the rules maintained
by the institution, duly stamped and signed and to check and verify
the registers in the monthly review meetings;
(xx) matters concerning Children’s Committees; and
(xxi)
any other matter which the Person-in-charge may like to
bring up.
(5) The Management Committee shall set up a complaint and Redressal
mechanism in every institution and a Children’s Suggestion Box shall be installed in
every institution at a place easily accessible to children away from the office setup and
closer to the residence or rooms or dormitories of the children. The Box shall be
located in a place that affords privacy and is not under surveillance.
(6) The key of the Children’s Suggestion Box shall remain in the custody of the
Chairperson of the Management Committee and shall be checked every week by the
Chairperson of the Management Committee or their representative from District Child
Protection Unit, in the presence of the members of the Children’s Committees:
Provided that in case of Observation Homes, Special Homes and Place of Safety,
sub-clause (vi) of rule 6 shall be followed.
(7) If there is a problem or suggestion that requires immediate attention, the
Chairperson of the Management Committee shall call for an emergency meeting of the
Management Committee to discuss and take necessary action:
Provided that in case of Observation Homes, Special Homes and Place of Safety,
sub-clause (vi) of rule 6 shall be followed.
(8) The quorum for conducting emergency meetings shall be five members,
including two members of Children’s Committees, Chairperson of the Management
Committee, Member of the Board or the Committee, as the case may be, and the
Person-in-charge of the child care institution.
(9) In the event of a serious allegation or complaint against the Person- in-
charge of the institution, the Person-in-charge shall not be part of the emergency
meeting and another available member of the Management Committee shall be
included in their place.
(10) All suggestions received through the suggestion box and action taken as a
result of the decisions made in the emergency meeting or action required to be taken
shall be placed for discussion and review in the monthly meeting of the Management
Committee.
(11) A Children’s Suggestion Book shall be maintained in every institution where
the complaints and action taken by the Management Committee are duly recorded and
such action and follow up shall be communicated to the Children’s Committees after
every monthly meeting of the Management Committee.
(12) The District Child Protection Unit shall compile the recommendations of the
Management Committees and suggestions of the children received from the Suggestion
Box or Complaint Book from all Child Care Institutions in the Districts on a monthly
basis, action taken on the same and submit a detailed report to the District
Magistrate.
(13) The Board or Committee shall review the Children’s Suggestion Book at
least once a month.
(14) The Suggestion Box shall be accessible by the Chairperson of the
Committee or any other person authorised by the Chairperson.
(15) Every child care institution shall have a child protection policy in the format
prescribed by the State Child Protection Society.
50. Children’s Committees.- (1) Person-in-charge of every institution for
children shall facilitate the setting up of children’s committees for different age groups
of children, that is in the age group of 6 to 10 years, 11 to 15 years and 16 to 18 years
and these children’s committees shall be constituted solely by children.
(2) Such children’s committee shall be encouraged to participate in following
activities:
(i) improvement of the condition of the institution;
(ii) reviewing the standards of care being followed;
(iii)repairing daily routine and diet scale;
(iv) developing educational, vocational and recreation plans;
(v) respecting each other and supporting each other in managing crisis;
(vi) reporting abuse and exploitation by peers and caregivers;
(vii) creative expression of their views through wallpapers or
newsletters or paintings or music or theatre; and
(viii) management
of
the
institution
through
the
Management
Committee.
(3) The Person-in-charge shall ensure that the children’s committees meet every
month and maintain a register for recording their activities and proceedings, and place
it before the Management Committee in their monthly meetings.
(4) The Person-in-charge shall ensure that the children’s committees are
provided with essential support and materials including stationary, space and
guidance for effective functioning.
(5) The Person-in-charge may, as far as feasible, seek assistance from local
voluntary organisations or child participation experts for the setting up and
functioning of the children’s committees.
(6) The local voluntary organisation or child participation expert shall support
the children’s committees in the following:
(i) electing their leaders and in devising the procedure to be followed
for conducting the elections;
(ii) conducting the elections and monthly meetings;
(iii)framing rules for the functioning of children’s committees and
following it;
(iv) maintaining records and Children’s Suggestion Book and other
relevant documents; and
(v) any other innovative activity.
(7) The Management Committee shall seek a report from the Person-in- charge
on the setting up and functioning of the children’s committees, review these reports in
their monthly meetings and take necessary action and place the same before the
Board or the Committee, wherever required.
51. Inspection.-(1) The State Government shall constitute State and district
level inspection committees. The District Magistrate shall constitute the districtlevel
inspection committee. The District Magistrate may constitute additional district level
inspection committees wherever required.
(2) The State Inspection Committee shall comprise of a maximum of seven
members from among the State Government, namely the Board or Committee, the
State Commission for the Protection of Child Rights, the State Human Rights
Commission, State Adoption Resource Agency, medical and other experts, voluntary
organisations and reputed Social Workers. The Director, Directorate of Child
Protection shall be the Chairperson of the State Inspection Committee.
(3) The State Inspection Committee shall carry out inspections of the child care
institutions as defined under sub-section (21) of section (2) of the Act housing children
in the State in Form 46.
(4) The State Inspection Committee shall carry out random inspections of the
institutions housing children to determine whether such institutions are housing
children in need of care and protection.
(5) The State Inspection Committee shall submit a report to the Secretary of the
Department implementing the Act.
(6) The State Inspection Committee shall make recommendations for
improvement and development of the Institutions in accordance with the provisions of
the Act and these rules made there under and shall forward the same to the District
Magistrate and the State Child Protection Society for appropriate action.
(7) The Inspection report of the State Inspection Committee shall be forwarded to
the District Magistrate within a period of two weeks of the visit.
(8) The State Inspection Committee shall interact with the children during
visits to the institution to determine their well-being and to get their feedback.
(9) Appropriate action shall be taken within a month by the District Magistrate
and a compliance report for the same shall be submitted to the State Child Protection
Society, in two months period.
(10) The District Inspection Committee shall comprise of following members:
(i) Additional District Magistrate as the Chair person;Member of the Board or
the Committee;
(ii) District Child Protection Officer as the Member Secretary;
(iii)one Medical Officer nominated by the Chief or District Medical Officer of
the district;
(iv) one member of the civil society working in the area of child rights, care,
protection and welfare; who is not a part of the management or staff of
the organisation running a child care institution in the district;
(v) one mental health expert who has experience of working with children;
and
(vi) any other person of repute from society who has experience working with
children and not having conflict of interest, who is deemed appropriate by
the District Magistrate.
In districts where an additional district level inspection committee has been
constituted, a representative of the District Child Protection Unit shall be a member
and the District Magistrate shall nominate a Member Secretary from among the other
members.
(11) The District Inspection Committee shall inspect all child care institutions in
the district in Form 46.
(12) The inspection of the facilities housing children in the district shall be
carried out at least once every three months.
(13) The District Inspection Committee shall submit the report of the findings to
the District Magistrate and the State Government and shall also make suggestions for
improvement and development of the child care institutions in accordance with the
provisions of the Act and these rules made there under.
(14) The District Inspection Committee shall interact with the children during
the visits to the institution to determine their well-being and to elicit their feedback.
(15) The District Magistrate shall take necessary follow-up action on the report
of the District Inspection Committee.
(16)The District Magistrate shall submit a report on the functioning of the child
care institutions in the District and measures taken for their improvement once every
year to the State Government.
52. Evaluation.-(1) The evaluation of functioning of the Board, Committee,
Special Juvenile Police Units, registered institutions, or recognised fit facilities and
persons under the Act may be done by the Central Government or the State
Government once in three years through institutions and agencies such as reputed
academic institutions, schools of social work of Universities, Management Institutions,
multi- disciplinary Committee especially constituted for the purpose, etc.
(2) The findings of the evaluation as per sub-rule(1) above shall be shared
between the Central and State Governments in order to strengthen and improve the
functioning of different structures.
CHAPTER - VII
ADOPTION
53. Adoption Related Reporting.-(1) The Child Welfare Committees shall,
furnish the data relating to children declared legally free for adoption and cases
pending for decision to the Authority online on a monthly basis in the formats
provided in the Adoption Regulations and also to the respective District Magistrate,
the State Adoption Resource Agency in Form 16A with the assistance of the District
Child Protection Units.
(2) The District Magistrate after review of the report submitted by the Child
Welfare Committee in Form 16A shall take necessary measures to expedite the process
of adoption of children declared legally free for adoption.
54. Children who are not being adopted after being declared legally free for
adoption may be eligible for Foster Care.- (1)The following categories of children
may be considered for Foster Care in the following circumstances:
(i) Children in the age group of 0 to 6 years who are being considered by the
Committee as legally free for adoption and those who have been declared legally
free for adoption shall not, as far as possible, be considered for placement in
foster care. Such children shall be provided a permanent family through
adoption as per Adoption Regulations;
(ii) Every child who does not get a family either in in-country adoption or in inter-
country adoption and is placed under the hard to place category as defined in
the Adoption Regulations, shall be eligible to be placed in foster care, by the
Committee on the recommendation of the District Child Protection Unit or the
Specialised Adoption Agency;
(iii)A child who has a temporary special need, which may be correctable, may not
be considered for foster care while undergoing treatment, if the child is likely to
become a typically developing child as assessed by the pediatrician or visiting
doctor of the Specialised Adoption Agency. Such a child may be classified as
normal post the treatment and be placed in adoption;
(iv) A child with special needs which are not temporary special needs and who is not
adopted within a period of one year after being declared legally free by the
Committee may be considered for foster care placement with a foster family or
group foster care by the Committee on the recommendation of the District Child
Protection Unit or Specialised Adoption Agency, provided the Home Study
Report of the foster family and group foster care recommends that they are their
fit and have the necessary facilities for care of such children;
(v) Where the child has remained with a foster family for a minimum of two years in
foster care, the foster family may apply for adoption and shall be given
preference to adopt the child and after registering in the designated portal of the
Authority and according to procedures laid down in Adoption Regulations.
(2) Children who are eligible as per clauses (i), (ii) and (iv) shall be placed in short
term foster care as per sub-section (9) of section 44 of the Act, for a minimum
period of six months, unless it is not in the child’s best interest. The District Child
Protection Unit shall send the order for foster care placement to State Adoption
Resource Agency, Central Adoption Resource Authority and the child's status shall be
updated in the designated portal of the Central Adoption and Resource Authority
indicating that the child is in foster care and is not available for referral to prospective
adoptive families. If there are difficulties in adjustment (either for the child or for
the foster parents), the Committee shall withdraw the child from the foster care
setting and shall inform the State Adoption Resource Agency and Central Adoption
Resource Authority. The Committee may also direct that the status of the child be
updated in the designated portal of the Central Adoption and Resource Authority to
enable referrals to prospective adoptive families; and
(3) The District Child Protection Unit shall submit a report in Form 51 regarding all
such children listed in clauses (ii) to (iv) to the District Magistrate.
55. Procedure before the District Magistrate.-(1) The procedure for obtaining
an Adoption Order from the District Magistrate or the Additional District Magistrate
(authorised by the District Magistrate), as the case may be would be as provided in
Adoption Regulations.
(2) The District Magistrate, for the purpose of an application for adoption order,
shall follow the procedure as laid down in the Act and the Adoption Regulations.
(3) All the cases pertaining to adoption matters pending before the Court shall
stand transferred to the District Magistrate from the date of commencement of the
Juvenile Justice (Care and Protection of Children) Model Amendment Rules, 2022.
56. Period for disposal of applications.- (1) The District Magistrate or the
Additional District Magistrate (authorised by the District Magistrate), as the case may
be, shall dispose of an application for making an adoption order within a period of two
months from the date of filing of the application, as provided under sub-section (2) of
section 61 of the Act
(2) No information or Adoption order issued by the District Magistrate regarding
adoption disclosing the identity of the child shall be uploaded on any portal except
as may be stipulated in Adoption Regulations.
(3) The notice of application for adoption of a child shall not be published in
any newspaper or any form of media while the case is in process.
(4) Where the publication is made after the adoption order is finalized, the
identity of the adoptive family and the child shall not be disclosed.
57. Step Child and Relative adoption Procedure before the Committee.-
The Committee shall adhere to the procedure prescribed under the Act, these Rules,
and the Adoption Regulations, for adoption of step-child and relative adoption.
58. Dissolution of Adoption.-(1) In case of dissolution of an adoption, the
adoptive parents shall inform the Specialised Adoption Agency from where the child
was placed and produce the child before the Committee where the adoptive family is
habitually resident. The Committee shall ensure that the adoptive parents and the
child undergo a minimum of four sessions of mandatory counselling by a counsellor
who has adoption competency, to explore the possibility of avoiding an annulment of
the adoption. Where dissolution is the only option, the application for annulment of
adoption order shall be filed before the District Magistrate who issued the adoption
order in the manner as prescribed in the Adoption Regulations.
(2) If the adoptive family of the child is not in a position to provide care and
custody to the child while the petition for dissolution is being heard by the District
Magistrate, the child shall be produced before the Committee where the adoptive
family is habitually resident, for an order for temporary placement of the child,
pending dissolution of the adoption. A copy of the order shall be forwarded to the
Specialised Adoption Agency and the District Child Protection Unit from where the
child was placed.
(3) After an adoption has been dissolved by the District Magistrate, the child
shall be produced before the Committee for further rehabilitation which shall include
counselling for the child.
(4) A quarterly report on adoptions including dissolutions and disruptions in
Form 52 shall be submitted by the District Child Protection Unit to the District
Magistrate.
59. Linkage of Child Care Institutions to Specialised Adoption Agencies.-(1)
Linkage of child care institutions with Specialized Adoption Agencies for the purpose
of adoption shall be governed by the provisions of section 66 of the Act and Adoption
Regulations.
(2) The District Child Protection Unit shall submit a report on the legally free for
adoption status of orphan, abandoned and surrendered children from the linked child
care institutions and the status of linkage of the child care institutions to the
Specialized Adoption Agencies, to the District Magistrate once a month in Form 53.
CHAPTER VIII
OFFENCES AGAINST CHILDREN
60.
Procedure in cases of offences against children.- (1) A complaint of an
offence against a child may be made by child, family, guardian, friend or teacher
of the child, Child Line services, person-in-charge or staff of any nursing home,
hospital, or maternity home, Child Welfare Police Officer or any police official,
labour inspectors, State Commission for Protection of Child Rights, State or
District Legal Services Authority, Railway Protection Force, Child Marriage
Prohibition Officer, representative of anti-human trafficking unit, any officer or
staff in the District Child Protection Unit or any other individual or child care
institution or organisation concerned.
(2) On receipt of information or complaint in respect of a cognizable offence against
a child, the police shall register a First Information Report forthwith or not
beyond 24 hours of receipt of information. The police shall also take suo-motu
cognizance of an offence against a child committed in their jurisdiction. On
receipt of information of a non- cognizable offence against a child, the police
shall make an entry in the Daily Diary which shall be transmitted to the
Magistrate concerned forthwith who shall direct appropriate action under sub-
section (2) of section 174 of the BharatiyaNagarikSurakshaSanhita, 2023
(Central Act 46 of 2023).
(3) Upon registration of First Information Report for an offence against a child, the
designated Child Welfare Police Officer shall send intimation about the
registration of such First Information Report to the Special Juvenile Police Unit
in Form 15A for their information and for required action.
(4) When a child is rescued by the police, the police officer concerned shall
immediately inform the parents or guardian of the child that the child has
been rescued, along with the address of the Committeewhere the childwill be
produced, the date and time when the parents or guardian need to be present
before the Committee and the place where the child is kept, in Form 15B.
(5) In all cases of offences against children, the investigation as far as practicable
shall be conducted by the Child Welfare Police Officer or the investigating officer
shall be assisted by the Child Welfare Police Officer.
(6) (i) Where any offence under the Act is committed by any person employed by or
managing a child care institution, the Committee or the Board as the case
may be, may pass appropriate orders for transferring the children already
placed with the child care institution in any other child care institution or
with a fit person or in kinship care or in foster care.
(ii) The Committee or the Board, as the case may be, may recommend the
cancellation of the registration and withdrawal of recognition of such
institution or agency, if the management of such child care institution
does not cooperate with any inquiry or comply with the orders of the
Committee or the Board or Court or State Government, as the case may
be. In the case of educational institutions, sports and recreational
facilities, tuition centers, etc., the Committee or the Board may
recommend to the concerned authorities or departments to initiate an
inquiry into the matter.
(iii)The
State
Government
shall
take
appropriate
action
on
the
recommendations of the Committee or the Board, as the case may be.
(iv) Based on the order of the Committee or the Board, as the case may be,
the District Child Protection Unit shall ensure transfer of children at the
earliest, under intimation to the State Government.
(7) Where a First Information Report is registered against a person working with a
child care institution or any other institutions or organisations that provide
services to children for any offence under the Act and the rules, such a person
shall be debarred from working directly with the children during the pendency of
the criminal case, and if convicted shall be dismissed from the service and not
be eligible to work in a service, institution or association providing services to
children.
(8) Where a person has been dismissed from service or is convicted of an offence
under the Act and the rules, such person shall stand disqualified from any
further appointment.
(9) No child shall be placed in a police lock-up or lodged in a jail under any
circumstance.
(10) The child and the child’s family shall be provided access to paralegal volunteers
under the District Legal Services Authority. The child and their family shall also
be provided the assistance of translators, interpreters, special educators and
support persons by the District Child Protection Unit, wherever necessary.
(11) An immediate needs assessment of the child will be conducted in terms of the
need for food, clothing, emergency medical care, counselling, psychological
support, etc., and the same shall be immediately extended tothe child at the
police station. For the purpose ofsuch assessment, the policeshall use Form 15C
and submit it to the Committee and the District Child Protection Unit within
twenty-four hours. Based on the assessment, the Committee may recommend
the District Child Protection Unit to provide financial relief or the District Child
Protection Unit can directly provide an amount for immediate assistance out of
such funds placed at their disposal by the State.
(12) The police shall assess safety and threat to the life, safety, reputation or
property of the child and the child’s family and submit an application for
protection under the applicable laws, rules and schemes for Witness Protection.
(13) A child covered under the Act requiring immediate or emergency medical
attention shall be provided with required medical care and treatment by a
hospital or clinic or facility upon a direction of the Board or the Committee made
in this regard, free of cost.
(14) Special children’s rooms that are also accessible to children with disabilities
may be designated in every Court Complex and Boards. This facility shall
include the following:
(15) Separate entrance for children and their family;
(i) Separate waiting area for children;
(ii) Space for recording statement and evidence of the child;
(iii)Provisions for video conferencing;
(iv) Partitions/screen to prevent exposure of child to the accused during trial;
and
(v) Provisions for entertainment to keep the children engaged like books, toys,
and games.
(16) The statement of the victim/witness child shall be recorded while ensuring the
following conditions:
(i) The Magistrate shall record the statement of the child under section 183 of
the BharatiyaNagarikSurakshaSanhita, 2023 (Central Act 46 of 2023).in the
Children’s room or, if possible in the child’s place of residence including,
home or institution where the child is residing or through video conferencing.
(ii) The Statement shall be recorded verbatim as spoken by the child; A child
who is unable to speak may give the statement by writing or by signs or in
any other intelligible manner.
(iii)The Statement may also be recorded by audio-visual means as per the
provisions
of
sub-section
(1)
of
section
183
of
the
BharatiyaNagarikSurakshaSanhita, 2023 (Central Act 46 of 2023);
(iv) The child shall be accompanied by a parent or guardian or Social Worker, or
Support Person, or a friend or a relative, in whom the child has trust or
confidence.
(v) The court or Board shall ensure that proceedings relevant to the testimony of
a child victim or witness are conducted in language that is simple and
comprehensible to a child.
(vi) Wherever necessary, the assistance of a translator or interpreter having such
qualifications, experience and on payment of such fees as may be prescribed,
may be taken.
(vii)
For a child with disability defined under clause (s) of section 2 of the
Rights of Persons with Disabilities Act, 2016 (Central Act 49 of 2016),
assistance of a special educator or any person familiar with the manner of
communication of the child or an expert in that field, having such
qualifications, experience and on payment of such fees as may be prescribed
to record the evidence of the child, may be taken.
(17) The Committee may appoint a support person in Form 15D or the District
Legal Services Authority may appoint a para legal volunteer for pre- trial
counselling and to accompany the child for recording of the statementwho shall
also familiarize the child with the Court and Court environment in advance, and
where the child is found to have been disturbed by the experience of coming
to the Court, orders for video-conferencing may be passed by the Court, on an
application moved by the support person or para- legal volunteer or by the
District Legal Services Authority, on behalf of the child. The State
Government may issue a circular on the responsibilities of the support
person and para-legal volunteers and the procedure for their appointment,
monitoring and reporting.
(18) A child in conflict with law, child in need of care and protection, child who
is a victim or witness of crime shall be treated in a caring and sensitive manner
that is respectful of the child’s dignity and safety throughout the legal
proceedings, taking into account the child’s personal situation and immediate
and special needs, age, sex, gender identity or expression, sexual orientation,
disabilities if any, and level of maturity and developmental skills and abilities of
the child.
(19) A child victim or witness shall have the right to express their views, opinions
and beliefs freely, in their own words, and shall have the right to contribute to
decisions affecting their life, including those taken in the course of thejustice
process. The support person may assist the child in making informed
decisions about participation in pre-trial, trial and other processes.
(20) If the child victim or witness does not belong to the District or State or
Country, the statement or interview or deposition of the child may also be
recorded through video conferencing.
(21) Where video-conferencing is not possible, all necessary accommodation, travel
expenses for the child victim or witnesses and a guardian or the friend, relative
and support person accompanying the child will be provided as per actuals by
the State Government.
(22) At any stage in the justice process where the safety of a child victim or witness
is deemed to be at risk, the District Standing Committee under the Witness
Protection Scheme, 2018 or competent authority, as the case may be, shall
arrange to have protective measures put in place for the child. Those measures
may include the following:-
(i) Avoiding direct contact between a child victim or witness and the accused
at any point in the justice process;
(ii) “no contact” bail conditions if bail is granted;
(iii)Monitoring of mail and telephone calls;
(iv) Arrangement with the telephone company to change the witness’s
telephone number or assign them an unlisted telephone number;
(v) Installation of security devices in the witness’s home such as security
doors, CCTV, alarms, fencing etc;
(vi) Concealment of identity of the witness by referring to the witness with
the changed name or alphabet;
(vii) Emergency contact persons for the witness;
(viii) Close protection, regular patrolling around the witness’s house;
(ix) Temporary change of residence to a relative’s house or a nearby town;
(x) Escort to and from the court and provision of Government vehicle or a
State funded conveyance for the date of hearing;
(xi) Holding of in-camera trials;
(xii) Allowing a support person to remain present during recording of
statement and deposition;
(xiii) Usage of specially designed vulnerable witness court rooms which have
special arrangements like live video links, one way mirrors and screens
apart from separate passages for witnesses and accused, with option to
modify the image of face of the witness and to modify the audio feed of
the witness’ voice, so that the witness is not identifiable;
(xiv) Ensuring expeditious recording of deposition during trial on day to day
basis without adjournments;
(xv) Awarding time to time periodical financial aids or grants to the witness
from Witness Protection Fund for the purpose of re- location, sustenance
or starting a new vocation or profession, if desired; and
(xvi) Any other form of protection measures considered necessary.
Explanation: “Justice process” encompasses detection of the crime,
the making of the com-plaint, investigation, prosecution, trial and post-trial
procedures, in the criminal justice system for adults or during the procedures
under the juvenile justice system.
(23) Information related to entitlements of children shall be provided by the Special
Juvenile Police Unit, Child Welfare Police Officer, or local police to parent,
guardian or other person in whom the child has trust and confidence as per
Form 15E.
(24) During a trial involving children, as far as possible, the following norms may be
followed to ensure a child-friendly atmosphere:
(i) Parents or guardian or support person shall accompany the child at all times
(only if it is in the best interest of the child). If the said person has a conflict of
interest, another person of the child’s choice, or fit person, or representative of
the fit institution identified, or psychologist appointed by the Committee or
Court, shall accompany the child at all times, on approval of the Court.
(ii) In a situation where parents or guardians may have been involved in the
commission of the crime, or where the child is living in a place where the child is
at risk of further trauma, and the same is brought to the notice of the Court, or
the Court on its own motion shall direct the child to be taken out of the custody
or care, or out of such situation and the child should be immediately produced
before the Committee.
(iii)For the age determination of the victim, in relation to offences against children
under the Act, the same procedures mandated for the Board and the
Committee under section 94 of the Act shall be followed.
(iv) The language used shall be familiar to the child and if needed translators and
special educators shall be made available.
(v) Before the statement of the child is recorded, the Court shall ensure that the
child is capable of making a voluntary statement.
(vi) No statement of the child shall be disregarded as evidence in the trial solely on
the basis of the age of the child.
(vii) Images or statements admissible in the interview of the child shall not be
detrimental to the mental or physical well- being of the child.
(viii) Length of the interview and questions admissible at the interview shall not be
taxing but be suitable to the attention span of the child and level of language
comprehension.
(ix) In case of a young child, or otherwise incapacitated child, alternative methods of
interaction and evidence collection that is less intimidating shall be adopted.
(x) The Court shall ensure that at no stage during trial, the child comes face to face
with the accused.
(xi) Special permission from school and arrangement for remedial classes for days
lost shall be made by the school authorities.
(25) The child may be represented, as the case may be, by:
(i) a lawyer of his choice; or
(ii) public prosecutor; or
(iii)a lawyer designated or empanelled by the Legal Services Authority.
(26) All functionaries of the Court and others concerned shall be sensitised on the
special needs of children and child rights
(27) After the process of trial:
(i) The child or guardian should be informed of the decision of the judicial
proceeding and its implication.
(ii) The child or guardian should be made aware of the legal options including but
not limited to review, appeal and compensation.
61.
Procedure in case of offence under section 74 of the Act.- (1) For the
purposes of the Act and the rules, the identity of the child shall include the
identity of the child’s family, school, relatives, neighbourhood or any other
information by which the identity of the child may be revealed.
(2) The District Child Protection Unit shall be vigilant to violations of section 74 and
report to the jurisdictional Committee or Board or court as the case may be.
(3) Where identity of the child has been disclosed without following the procedure
in section 74 of the Act, the Board or the Committee, or the Court, as the case
may be, shall direct the police to register a First Information Report
immediately against the person, agency, authority, or institution responsible
for the violation and shall pass an order restraining any person from
publishing in any manner any matter leading to the disclosure of the name
or identity of the child.
(4) In any legal proceeding in which a child victim or witness is involved, the court,
Board, or the Committee as the case may be, shall suppress the identity of the
child by substituting the name with a pseudonym in the records of the
proceedings.
(5) The name of the accused shall also be suppressed if the accused is related to
the child or connected to the child such that the disclosure of the name of the
accused will result in the disclosure of the identity of the child.
(6) Where any police officer has acted in contravention of sub-clause (1) and (2) of
section 74 of the Act, the affected child or anyone on the child’s behalf may
file a complaint with the police or approach the Board, Committee, or court as
the case may be.
(7) The District Child Protection Unit, Department of Information, State and District
Legal Services Authority, Directorate of Child Protection and State Commission
for Protection of Child Rights shall conduct sensitisationprogrammes for the
media and the police and staff of child care institutions, medical officers,
judiciary, prosecution and any other individuals and institutions providing
services to children on the prohibition on disclosure of identity of children under
section 74 of the Act to prevent any undue disclosures of identity of children in
conflict with law, children in need of care and protection, child victims, or child
witnesses.
62.
Procedure in case of offence under section 75 of the Act.-(1) For the
purposes of section 75 of the Act and this rule, giving a child in marriage shall
be considered as cruelty to the child. On receipt of information of risk of a child
being given in marriage, the police or any officer authorised under the Act or
under the Prohibition of Child Marriage Act, 2006 (Central Act 06 of 2007), shall
produce the child before the Committee for appropriate directions and
rehabilitative measures.
(2) Where an act of cruelty to a child takes place in a Child Care Institution, or a
school, or in any other place of care and protection to the child, considering
the best interest of the child, the Board or the Committee or the Children’s
Court after consultation with the child and or parents or guardians shall provide
alternative rehabilitation for the child.
(3) Relevant sections of the BharatiyaNyayaSanhita, 2023 (Central Act 45 of 2023)
or any other law for the time being in force shall be applicable for offences under
section 75 of the Act.
63.
Procedure
in
case
of
offence
under
section 76 of the Act.-
(1)Anyauthority, agency, Child Care Institution, or any person coming in
contact with a child who is employed or used for the purpose of begging, may
remove such a child from a situation of begging and immediately produce the
child before the Committee.
(2) Where the child is rescued during any operation by any department entrusted
with the responsibility of dealing with beggars and begging, the officer concerned
shall immediately produce the child before the Committee and inform the
police. Parents of such child shall be duly informed about the production of
their child before the Committee.
(3) On receipt of information or suo-motu, the police shall,-
(i) make inquiries about the antecedents of the child and ascertain whether
the child is living with parents or guardian or is a missing or a runaway
child or a victim of kidnapping or trafficking;
(ii) obtain documents to ascertain the identity, age, and parentage of the
child as well as of the person accompanying the child;
(iii)where the child is found to be not living with parents, the child shall be
produced before the Committee for necessary action; and
(iv) make inquiries whether other children have also been employed or being
used for begging, and investigate the case for trafficking from an organized
crime perspective and the procedure for protection to all such children
must be initiated immediately.
(4) The Court taking cognisance of an offence under section 76 of the Act may
conduct an inquiry for the purpose of recovery from the person who employs or
uses the child for the purpose of begging or has the actual charge of, or control
over the child and is found abetting the commission of the offence under
sub-section (1) of section 76 of the Act, of a sum as claimed by the child, or as
may be determined by the Court and pass appropriate directions for recovery
of
the
same
as
if
it
was
a
fine
under
section
461
of
BharatiyaNagarikSurakshaSanhita, 2023 (Central Act 46 of 2023).
(5) On receipt of information about the commission of an offence under section 76
of the Act, the police shall register an First Information Report forthwith.
(6) In case where the parents have engaged their children in begging, then an
investigation shall be undertaken under section 76 of the Act prior to filing of
First Information Report.
(7) In case the child engaged in begging is found to be a victim of trafficking then
provisions of the Immoral Traffic (Prevention) Act, 1956 (104 of 1956) and
section 111(1) BharatiyaNyayaSanhita, 2023 (Central Act 45 of 2023), which are
cognizable offences, shall also be applicable.
(8) In case the child engaged in child begging is found to be a victim of child labour
then provisions of the Child and Adolescent Labour (Prohibition and Regulation)
Act, 1986 (61 of 1986), which are cognizable offences, shall also be applicable.
(9) In case the child engaged in begging is also found to be kidnapped for the
purposes of begging then offences under sections 142 to 149 of the
BharatiyaNyayaSanhita, 2023 (Central Act 45 of 2023), which is a cognizable
offence, shall also be applicable.
64.
Procedure in case of offence under section 77 of the Act.- (1)
Whenever a child is found to be under the influence of, or in possession of
intoxicating liquor or narcotic drugs or psychotropic substances or tobacco
products, or any other substance, including for the purpose of sale, the police
shall enquire as to how the child came under the influence of, or possession of
such intoxicating liquor or narcotic drugs or psychotropic substances or tobacco
products and shall register a First Information Report forthwith.
(2) The child who has been administered narcotic drugs or psychotropic substances
or is found under the influence of the same may be produced either before the
Board or the Committee as the case may be, and the Board or the Committee
shall pass appropriate orders regarding rehabilitation and de-addiction of the
child.
Provided
that,
where
suchchildhasbeenproducedbeforetheBoard,theBoard 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 or
direct the child to undergo medical and therapeutic treatment for de-addiction
from a hospital or an institution maintained or recognized by the
Government or grant the child immunity from prosecution under section
64A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Central
Act 61 of 1985).
(3) In case of a child found to be addicted to intoxicating liquor or tobacco
products, the child shall be produced before the Committee which shall pass
directions for rehabilitation including de-addiction of the child and transfer the
child to a fit facility identified for the purpose.
(4) In case any child is found to have been administered intoxicating liquor or
narcotic drugs or psychotropic substances or tobacco products in a child care
institution, the child shall be produced immediately before the Board or the
Committee, except in such cases where the child is not in a position to be
produced before the Board or the Committee and requires immediate medical
attention.
(5) The Board, shall on its own or on complaint received from the Committee, issue
directions to the police to register a First Information Report immediately.
(6) The Board or the Committee shall also issue appropriate directions for inquiry
as to the circumstances in which such product entered the child care institution
and reached the child and shall recommend appropriate action against the
erring officials and the child care institution.
(7) The Board or the Committee may also issue directions for transfer of the child to
another child care institution as the case may be.
(8) Any shop or establishment selling intoxicating liquor, tobacco products, must
display a message at a prominent place in the shop that giving or selling
intoxicating liquor or tobacco products to a child is a punishable crime up to
seven years of rigorous imprisonment and a fine of up to one lakh rupees.
(9) All tobacco products and intoxicating liquor must display a message that giving
or selling intoxicating liquor or tobacco products to a child is a punishable crime
up to seven years of rigorous imprisonment and a fine of up to one lakh rupees.
(10)
Giving or selling of intoxicating liquor, narcotic drugs or psychotropic
substances or tobacco products within 200 meters of a child careinstitution or
any other home registered or recognised under the Act, or the office of a
Committee or a Board shall be deemed to be an offence under section 77 of the
Act.
(11)
The State Government shall take measures to create awareness programs
about the ban on the sale of liquor, tobacco, narcotic or psychotropic
substances to a child and the rehabilitation measures in collaboration with the
Police, Excise Department, Education Department, and other departments.
65.
Procedure in case of offence under section 78 of the Act.- (1)
Whenever a child is found to be vending, carrying, supplying or smuggling an
intoxicating liquor, narcotic drug, or psychotropic substance, the police shall
enquire how and from whom the child came into possession of the
intoxicating liquor, narcotic drug, or psychotropic substance and shall
register a First Information Report forthwith.
(2) A child who is alleged to have committed an offence under section 78 of
the Act shall be produced before the Board, which may transfer the child to the
Committee, if the child is also in need of care and protection.
66.
Procedure in case of offence under section 79.- (1) The police
shall, suo-motu, or on receipt of information about the commission of an offence
under section 79 of the Act, register an First Information Report forthwith.
(2) In all such cases, the child shall be produced in accordance with the
procedures under the Act for appropriate orders for the rehabilitation of the
child.
(3) The District Child Protection Unit, State and District Legal Services Authority,
Directorate of Child Protection and State Commission for Protection of Child
Rights shall conduct sensitization programmes on the prohibition on
exploitation of child employees in collaboration with the Labour Department
and other relevant departments.
(4) In case the child is found to be a victim of child labour then provisions of the
Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (61 of
1986), which are cognizable offences, shall also be applicable.
(5) In case the child engaged as child labour is found be a victim of trafficking
then provisions of the Immoral Traffic (Prevention) Act, 1956 (104 of 1956)
and section 370 of Indian Penal Code, 1860 (45 of 1860), which are cognizable
offences, shall also be applicable.
(6) In case the child is found to be a victim of bonded labour, then provisions of
the Bonded Labour System Abolition Act, 1976 which are cognizable offences,
shall also be applicable.
67.
Procedure in case of offence under section 80 of the Act.-(1) Where
any orphaned, abandoned or surrendered child, is offered or given or received for the
purpose of adoption without following the procedures as provided in the Act and the
rules, the police shall, suo-motu, or on receipt of information in that regard register
an FIR forthwith or a Child Care Institution or Fit Facility.
(2) A child who has been so offered, given or received for the purpose of adoption
shall be produced before the Committee forthwith which shall pass appropriate
directions for rehabilitation of the child,including placing such child in a
Specialised Adoption Agency or Child Care Institution or Fit Facility.
(3) Wherever any offence under section 80 of the Act is committed by a recognized
Specialised Adoption Agency or by a person associated with such an agency,
the Committee may also pass appropriate orders for transferringthe other
children placed with the child care institution to anyother child care
institution or fit facility. The Committee shall send a copy of the order stating
the reasons for the transfer to the State Government, District Child Protection
Unit and the District Magistrate provided that if the transfer is being
ordered by a Committee to an institution in a different district, this shall
be done only in consultation with the concerned Committee of that District.
(4) The Committee may recommend to the District Magistrate and State
Government that the registration, and recognition of such agency or institution
found to have committed an offence under section 80 granted under the Act
and these rules be withdrawn.
68.
Procedure in case of offence under section 81 of the Act.-(1) On
receipt of information about the selling or buying of a child, the police
shall register a First Information Report forthwith.
(2) Giving or agreeing to give, receiving or agreeing to receive any payment or
reward in consideration of adoption, except as permitted under the
adoption regulations framed by the Authority, towards the adoption
fees or service charge or child care corpus by any prospective adoptive
parent or parent or guardian or foster parent of the child or the
Specialised Adoption Agency or the child care institution or the fit facility
under whose care the child shall amount to an offence under section
81 of the Act and these rules.
(3) A child, who has been subjected to buying or selling, shall be produced
before the Committee forthwith, which shall pass appropriate orders for
the rehabilitation of the child.
(4) Where any offence under section 81 of the Act is committed by a parent or
a guardian of the child or any other person having actual charge or
custody of the child, the Committee shall pass appropriate orders for
placing the child in a child care institution including a Specialised
Adoption Agency or fit facility or with a fit person, as the case may be.
(5) Where any offence under section 81 of the Act is committed by a child
care institution including Specialised Adoption Agency or by a fit
facility or hospital or nursing home or maternity home, or any other
facility or institution which provides services to children, or a person
associated with such an institution or agency;
(6) The Committee shall submit a report regarding such children and action
taken regarding their rehabilitation to the District Magistrate. The District
Magistrate shall ensure action regarding shifting of children to a safe
place and closure of the institution within seven days and recommend
cancellation of registration of the institution to the State Government.
(7) The District Magistrate shall recommend to the State Government that the
registration or recognition of such agency or institution or the registration
or license of such a hospital or nursing home or maternity home or such
associated person under any law for the time being in force shall also be
withdrawn and the State Government shall take appropriate action
within fifteen days.
(8) The court taking cognisance of an offence under Section 81 of the Act
shall conduct an inquiry for the purpose of recovery from the person from
whose possession the child is recovered or rescued after having been
bought or sold, of a sum as claimed by the child, or as may be determined
by the court and pass appropriate directions for recovery of the same as if
it was a fine under section 461 of the BharatiyaNagarikSurakshaSanhita,
2023 (Central Act 46 of 2023).
(9) In case the child is sold and is also trafficked, then the provisions of the
Immoral Traffic (Prevention) Act, 1956 (104 of 1956) and section 111(1) of
the BharatiyaNyayaSanhita, 2023 (Central Act 45 of 2023) shall also be
applicable.
69.
Procedure in case of offence under section 82 of the Act.-(1) A
complaint of subjecting a child to corporal punishment under section 82
of the Act may be made by the child or any one on behalf of the child
through the complaint box, complaint book or to the child helpline or the
Committee or the District Child Protection Officer.
(2) The Judicial Magistrate shall get the case investigated by the Child
Welfare Police Officer concerned and take appropriate measures on receipt
of a complaint.
(3) The Board or the Committee may consider transferring the child who has
made the complaint or who has been subjected to corporal punishment, to
another child care institution in the best interest of the child.
(4) Where the Judicial Magistrate First Class finds that the management of
the institution is not cooperating with the inquiry or complying with the
orders of the court under sub-section (3) of section 82 of the Act, the
Judicial Magistrate First Class shall either take cognizance of the offence
himself or direct the registration of FIR and proceed against the person
in-charge of the management of the institution.
(5) Where the Board or the Committee or the State Government issues any
directions to the management of the institution in respect of any incident
of corporal punishment in the child care institution, the management
shall comply with the same.
(6) In the event of non-compliance, the Board on its own or on the complaint
of the Committee or the District Magistrate shall direct the registration of
an FIR for an offence under sub-section (3) of section 82 of the Act.
(7) Where a person has been dismissed from service or debarred from
working directly with children or is convicted of an offence of subjecting a
child to corporal punishment under sub-section (1) of section 82 of the
Act, the person shall stand disqualified from any further appointment
under the Act and these rules.
(8) The District Child Protection Unit, State and District Legal Services
Authority, Directorate of Child Protection, Child line and police shall
conduct awareness programs for children and sensitisationprogrammes
for staff of child care institutions on rights of children and section 82 of
the Act.
70.
Procedure in case of offence under section 83.- (1) For the purposes of
section 83, ‘recruits’ means any process by which the custody of a child is obtained by
any means and may include, using threats, or force, or any other form of coercion,
or by way of abduction, or by practising fraud, or deception, or by the abuse of power,
or by inducement, including, the giving or receiving of payments or benefits to achieve
the consent of a person having control over the child for the purpose of using the child
for any purpose.
(2) When a complaint or information is received about a child who has been
recruited or is being recruited, or has been used or is being used for any
purpose by a militant group or an outfit declared as such by the Central
Government, or has been used or is being used for illegal activities by any
adult or adult group, the police shall register an FIR forthwith.
(3) The police shall make an inquiry as to how the child came into such a
situation from the child, parents, family, the informant or any other
person, institution or organization who may have knowledge.
(4) The police shall make inquiries whether other children have also been
recruited or are being recruited, or have been used or are being used for
any purpose by a militant group or an outfit declared as such by the
Central Government, or have been used or are being used for illegal
activities by any adult or adult group; and the procedure for protection to
all such children must be initiated immediately.
(5) A child victim of trafficking who is found to be a foreign national without a
valid passport or visa shall be treated as a child in need of care and
protection and not as a child in conflict with law under the Foreigner’s
Act, 1946 (Central Act 31 of 1946).
(6) The child shall be produced before the Board forthwith, which may, after
due inquiry and on being satisfied about the circumstances of the child,
transfer the child to the Committee as a child in need of care and
protection.
(7) The Board, may on its own or on a complaint received from the Committee
under section 83 (1) of the Act regarding the use of a child by an adult or
an adult group for illegal activities issue directions to the police to register
an FIR immediately.
(8) The Board or the Committee shall pass appropriate directions for
rehabilitation including orders for safe custody and protection ofthe
childand transfer to a fit facility recognised for the purpose which shall
have the capacity to provide appropriate protection.
(9) The Board or the Committee may also consider transferring the child out
of the district or out of the State to another State for the protection and
safety of the child.
(10) A child who has been recruited or used by a non-State, self-styled
militant group or outfit or who is being used by an adult or adult group
for illegal activities may surrender before the police or the District Child
Protection Unit or the Board or the Committee or any Court.
(11) A child who so surrenders may be treated as a child in need of care and
protection and the Board or the Court shall pass orders for transfer of the
child to the Committee.
CHAPTER IX
MISCELLANEOUS
71. Duties of the Person-in-charge of a Child Care Institution.- (1) The
primary responsibility of the Person-in-charge is of maintaining the child care
institution and of providing quality care and protection to the children.
(2) The Person-in-charge shall stay within the premises to be readily available as
and when required by the children or the staff and in case where an accommodation is
not available in the premises, he shall stay at a place in close proximity to the child
care institution till such time such accommodation is made available within the
premises of the child care institution.
(3) The general duties and functions of the Person-in-charge shall include, to:-
(i)
ensure compliance with the provisions of the Act and the rules and
orders made there under;
(ii)
ensure compliance with the orders of the Board or the Committee
or the Children’s Court;
(iii)
provide homely and enabling atmosphere of love, affection, care and
concern for children;
(iv)
strive for the development and welfare of the children;
(v)
supervise and monitor discipline and well-being of the children and
the staff;
Provided that, disciplinary measures constituting cruel,
inhuman or degrading treatment shall be strictly prohibited,
including corporal punishment, placement in a dark cell, closed or
solitary
confinement
or
any
other
punishment
that
may
compromise the physical or mental health of the child concerned.
The reduction of diet and the restriction or denial of contact with
family members is prohibited for any purpose. No child shall be
sanctioned more than once for the same disciplinary infraction;
Provided further that, no child should be disciplinary
sanctioned unless the child is informed of the alleged infraction in a
manner appropriate to the full understanding of the child, and given
a proper opportunity of presenting a defence, including the right of
appeal to a competent impartial authority. Complete records should
be kept of all disciplinary proceedings.
(vi)
plan, implement and coordinate all activities, programmes and
operations, including training and treatment programmes or
correctional activities as the case may be;
(vii)
segregate a child suffering from contagious or infectious diseases on
the advice of the medical officer of the institution or a doctor under
whom the child's treatment is going on;
(viii)
ensure observance and follow-up of daily routine activities;
(ix)
organize celebration of local and national festivals in the home;
(x)
organize trips or excursions or picnics for children;
(xi)
send a list of children in Form 40 in the child care institution to
the Board or the Committee, as the case may be, every week and
bring to the notice of the Board or the Committee, if no date is
given for the production of any child before the Board or the
Committee;
(xii)
allocate duties to personnel;
(xiii)
maintain standards of care in the child care institution;
(xiv)
ensure proper storage and inspection of food stuffs as well as food
served;
(xv)
maintain the buildings and premises of the child care institution;
(xvi)
maintain proper hygiene in the home including cleanliness of water
tanks, water storage facilities, kitchen and toilet facilities at regular
intervals;
(xvii)
provide
accident
and
fire
preventive
measures,
disaster
management within the premises and also keep first aid kit;
(xviii)
make stand-by arrangements for water storage, power back- up,
inverters, generators;
(xix)
ensure careful handling, upkeep and maintenance of equipment;
(xx)
employ appropriate security measures;
(xxi)
conduct periodical inspections, including daily inspection and
rounds of the child care institutions;
(xxii)
take prompt action to meet emergencies;
(xxiii)
ensure prompt, firm and considerate handling of all disciplinary
matters;
(xxiv)
ensure proper and timely maintenance of the case files;
(xxv)
maintain all records and registers required under the Act and these
rules;
(xxvi)
prepare the budget and maintain control over financial matters;
(xxvii)
organise the meetings of the Management Committee set up under
rule 48 of these rules and provide necessary support;
(xxviii)
ensure monthly verification of all records and registers by the
Management Committee set up under rule 48 of these rules;
(xxix)
liaise, co-ordinate and co-operate with the State Child Protection
Society and the District Child Protection Unit as and when
required;
(xxx)
co-ordinate with the legal cum Probation Officer in the District
Child Protection Unit or the District or State Legal Services
Authority to ensure that every child is legally represented and
provided free legal aid and other necessary support;
(xxxi)
ensure the production of the child before the Board or the
Committee or the Children’s Court or any other Court or before
the District Magistrate on the date of such production and to
ensure that the dates for the said purpose are recorded;
(xxxii)
mobilise resources for improvement of services within child care
institution by liaising and networking with local organisations and
individuals subject to guidelines issued from time to time by the
Department;
(xxxiii)
ensure adherence to policies, circulars, and guidelines pertaining
to child protection, disaster management, or any order issued by
the State Government, Central Government and Local Self
Government;
(xxxiv)
check the Children’s Suggestion or Complaint Book daily and
inform the District Child Protection Unit and the Committee or the
Board promptly about urgent complaints;
(xxxv)
maintain a record of complaints received in the Children’s
Suggestion or Complaint Book and actions taken thereto; and
(xxxvi)
ensure that rights of the child are displayed at prominent places in
the child care institution.
(4) The Person-in-charge shall inspect the child care institution as often as
possible but not less than twice a day. The Person-in-charge shall make a record of
the timings of their inspection and also note observations in a separate book
maintained for the purpose, especially with regard to:
(i)
maintenance of hygiene and sanitation including personal hygiene of
children and hygienic maintenance of toilets and make a note of the same
in the House-keeping register;
(ii)
maintenance of order;
(iii)
quality and quantity of food and verifying the daily cooking and making
a note of the same in the Meals Register, in respect of every meal;
(iv)
hygienic maintenance of food articles and other supplies;
(v)
hygiene in the medical centre and provisions for medical care;
(vi)
behaviour of the children and staff;
(vii)
security arrangements;
(viii)
maintenance of files, registers and books; and
(ix)
act as a child's guardian in matters related to the child's enrolment or
admission in formal school or open school or any institute of vocational
training, in cases where a child's biological parents or legal guardian is
not available.
(5) Anything irregular that comes to the notice of the Person-in-charge shall be
enquired into and resolved and the date, time and nature of the action taken shall be
noted in the book.
(6) Where a problem of urgent nature has not been resolved within two working
days, the Board or the Committee or the District Child Protection Unit shall be
informed.
(7) In case the Person-in-charge is on leave or otherwise not available, the
duties of the Person-in-charge shall be performed by the Child Welfare Officer as
designated by the Person-in-charge.
(8) The Person-in-charge shall, on a monthly basis, prepare a list of children
residing in the child care institution
(i) who can be restored to their families with or without sponsorship
(ii) who are eligible to be placed in foster care
(iii)who are declared legally free for adoption and who have not yet been
placed in adoption and forward such list to the Protection Officer -
Institutional Care of the District Child Protection Unit and the Committee.
(9) The Person-in-charge may engage a Social Worker for preparing social
investigation report or individual care plan of the child, child study report, tracing of
family, and performing any other functions.
72. Duties of the Child Welfare Officer or Case Worker.-(1) Every Child
Welfare Officer or Case Worker in the child care institution shall carry out all
directions given by the Board or the Committee or the Children’s Court.
(2) The Child Welfare Officer or Case Worker shall establish linkages with
voluntary workers, organisations to facilitate rehabilitation and social re- integration
of the children and to ensure the necessary follow up.
(3) The Child Welfare Officer or Case Worker available in the child care
institution at the time of receiving a child shall interact with the child received with a
view to put the child at ease and befriend the child and shall supervise the process of
receiving of the child. The Child Welfare Officer or Case Worker shall collect any
identification documents available with the child, such as Aadhar, caste certificate,
disability card etc.
(4) On receipt of information from the police or Child Welfare Police Officer or on
arrival of a child in the child care institution, the Child Welfare Officer, Probation
officer, Case Worker or Social Worker shall forthwith conduct social investigation of
the child through personal interviews with the child and the family members, social
agencies and other sources, inquire into antecedents and family history of the child
and collect such other material as may be relevant, and submit the Social
Investigation Report to the Board or the Committee or the Children’s Court, within
fifteen days.
(5) All the children in the child care institution shall be assigned to a Child
Welfare Officer, Probation officer, Case Worker or Social Worker and such Child
Welfare Officer or Case Worker shall be responsible for the child assigned to them in
all respects viz. care and development of the child, reporting to the Board or the
Committee or the Children’s Court about the child or maintaining the child’s record in
the child care institution.
(6) Upon assignment of the child to a Child Welfare Officer or Case Worker, the
Child Welfare Officer or Case Worker shall,
(i)
prepare the case file of the child;
(ii)
maintain the Protective Custody Card;
(iii)
prepare and maintain the medical record of the child and ensure
that the treatment of the child is not interrupted or neglected;
(iv)
meet the child every day to ensure the child’s safety, welfare and
development; assist the child to adjust to life in the child care
institution. A newly received child shall be met more often than
once a day;
(v)
gather information about the child within the initial five days to
ascertain the child’s education, vocational status and aptitude
and emotional status;
(vi)
have the necessary medical or mental tests, assessments and
examinations of the child conducted;
(vii)
study the reports and prepare in consultation with the child and
their family members, an individual care plan for the child in Form
7 for the period pending inquiry, to be placed in the case file of the
child. The Child Welfare Officer or Case Worker may consult the
counsellor, psychologist or doctor or such other person as he deems
fit in this regard and shall update the case file accordingly;
(viii)
in keeping with the individual care plan, a daily routine shall be
developed for the child and explained to the child;
(ix)
ensure that the child adheres to the routine activities so developed
and take timely reports from the House Parent, as the case may be,
or any caregiver in this respect;
(x)
review periodically the implementation and effectiveness of the
individual care plan at the intervals specified in Form 7, and if
necessary, suitably modify the individual care plan in Form 7and
the routine activities of the child with the approval of the
Management Committee;
(xi)
resolve the problems of the child and deal compassionately with
their difficulties in life in the Home;
(xii)
participate in the orientation, monitoring, education, vocational and
rehabilitation programmes in respect of the child and attend
parent teacher meetings in schools in respect of children
assigned to them;
(xiii)
attend proceedings of the Board or the Committee or the Children’s
Court and furnish all information and file all reports that may be
called for;
(xiv)
on receiving the copy of the order of determination of age, to make
the necessary changes in the record as regards the age of the child
if any change is required and to place the copy of the said order in
the case file of the child;
(xv)
participate in the pre-release programme and help the child to
establish contact which can provide emotional and social support to
the child after the release;
(xvi)
maintain contact with the children after their release through follow
up at least once a month for the first six months post release,
extend help and guidance to them and place the report of such
follow-ups in the case file of the child;
(xvii)
visit regularly the residence of the child under their supervision and
also places of employment or school attended by such child and
submit fortnightly reports or as otherwise directed;
(xviii)
accompany the child wherever possible from the Board or the
Committee or the Children’s Court to child care institution as the
case may be;
(xix)
maintain record of the next date of production of the child before
the Board or the Committee or the Children’s Court or for medical
treatment and ensure the production of the child before the Board
or the Committee or the Children’s Court or for medical treatment
on the said date;
(xx)
maintain the registers as may be specified from time to time; and
(xxi)
any other duty assigned by the Person-in-charge of the child care
institution.
73. Duties of the House Parent.-(1) Every house parent shall abide by the
directions of the Person-in-charge.
(2) The general duties, functions and responsibilities of a house parent shall be
as follows:-
(i)
Establish a rapport and interact with every child in the child care
institution with sensitivity and affection, keeping in mind the
vulnerable and traumatic state of the child;
(ii)
Take proper care of the child and ensure the child’s welfare;
(iii)
Provide each child upon his reception with all necessary supplies
like clothing, toiletries and such other items required for daily
usage;
(iv)
Replenish the provisions or supplies as per scale and need of
thechild;
(v)
Maintain discipline among the children:
Provided that, disciplinary measures constituting cruel,
inhuman or degrading treatment shall be strictly prohibited,
including corporal punishment, placement in a dark cell, closed or
solitary confinement or any other punishment that may compromise
the physical or mental health of the child concerned. The reduction
of diet and the restriction or denial of contact with family members
should be prohibited for any purpose. No child shall be sanctioned
more than once for the same disciplinary infraction.
Provided further that, no child should be disciplinary
sanctioned unless the child is informed of the alleged infraction in a
manner appropriate to the full understanding of the child, and given
a proper opportunity of presenting a defence, including the right of
appeal to a competent impartial authority. Complete records should
be kept of all disciplinary proceedings.
(vi)
Prevent bullying and any form of abuse between children by
conducting anti bullying sessions at least every six months and a
report of misconduct should be presented promptly to the Person-
in-Charge of the institution and a report on the action taken should
be submitted to the Management Committee and the Committee,
Board, or the Children’s Court, as the case may be;
(vii)
Ensure that children maintain personal cleanliness, hygiene and
look after their personal belonging;
(viii)
Look
after
maintenance,
sanitation
and
maintain
hygienic
surroundings;
(ix)
Implement the daily routine of every child in an effective
manner and ensure the participation of the children;
(x)
Look after safety and security arrangements in the child care
institution, ensure safety and security measures are implemented in
the child care institutions and bring lapses to the notice of the
Person-in-charge and the Management Committee;
(xi)
Escort the children whenever they go out of the child care
institution for purposes other than production before the board
or the committee or the children’s court;
(xii)
Report to the person-in-charge and to the child welfare officer about
the child assigned to the child welfare officer;
(xiii)
Maintain the registers, relevant to their duties;
(xiv)
Ensure in cases of children who are undergoing treatment that they
take medicines as prescribed by the medical officer or the doctor;
(xv)
Immediately report to the counselor and the person-in-charge of any
noticeable change in child's behavioural pattern or symptoms
indicative of any abuse or assault;
(xvi)
Immediately report to the doctor and the person-in-charge of any
symptoms indicative of a disease or illness;
(xvii)
Identify and encourage creative and productive talents of a child
by providing opportunities for the child to participate in various
activities; and
(xviii)
Any other duty as may be assigned by the person in charge of the
child care institution.
74. Duties of a Probation Officer.- (1) On receipt of information from the
Police or Child Welfare Police Officer under clause (ii) of sub-section (1) of section 13 of
the Act, without waiting for any formal order from the Board, the Probation Officer
shall inquire into the circumstances of the child as may have bearing on the
inquiry by the Board and submit a social investigation report in Form 6 to the Board.
(2) The social investigation report should provide for risk assessment, including
mitigating factors highlighting the circumstances which induced vulnerability such as
traffickers or abusers being in the neighbourhood, adult gangs, drug users,
accessibility to weapons and drugs, exposure to age in appropriate behaviours,
information and material.
(3) The Probation Officer shall carry out the directions given by the Board and
shall perform the following duties, functions and responsibilities namely:-
(i)
To conduct social investigation of the child in Form 6;
(ii)
To attend the proceedings of the Board and the Children’s Court
and submit reports and make representations based on the best
interest of the child as and when required;
(iii)
To clarify the problems of the child and deal with their difficulties in
institutional life;
(iv)
To participate in the orientation, monitoring, education, vocational
and rehabilitation programmes;
(v)
To establish co-operation and understanding between the child and
the Person- in-charge;
(vi)
To assist the child to develop contacts with family and also provide
assistance to family members;
(vii)
To participate in the pre-release programme and help the child to
establish contacts which could provide emotional and social support
to the child after release;
(viii)
To establish linkages with Probation Officers in other Districts
and States for obtaining social investigation reports, supervision
and follow-up.
(ix)
To establish linkages with voluntary workers and organisations to
facilitate rehabilitation and social reintegration of children and to
ensure the necessary follow- up;
(x)
Regular post release follow-up of the child extending help and
guidance,
enabling
and
facilitating
their
return
to
social
mainstreaming;
(xi)
To prepare the individual care plan and post release plan for the
child;
(xii)
To supervise children placed on probation as per the individual
care plan;
(xiii)
To make regular visits to the residence of the child under their
supervision and places of employment or school attended by such
child and submit periodic reports as per Form 10;
(xiv)
To accompany children wherever possible, from the office of the
Board to the observation home, special home, place of safety or fit
facility as the case may be;
(xv)
To evaluate the progress of the children in place of safety
periodically and prepare the report including psycho-social and
forward the same to the Children’s Court;
(xvi)
To discharge the functions of a monitoring authority where so
appointed by the Children’s Court;
(xvii)
To maintain a diary or register to record the day to day activities
such as visits made by the Probation Officer, social investigation
reports prepared, follow up done and supervision reports prepared;
(xviii)
To identify alternatives of community services and to establish
linkages with voluntary sector or Child Protection Committees
constituted at block, village, or district level by the order of the
State Government under the Integrated Child Protection Scheme for
facilitating rehabilitation and social reintegration of children;
(xix)
Either on direction of Board, Committee or Children’s Court or State
Government or even on their own initiative, a probation officer may
visit children’s home or special home or a place of safety to interact
with children kept there and ascertain if there is any child who may
be fit for release under section 97 of the Act. In such cases, the
Probation Officer shall consult with the Person–in-Charge of the
institution, and view the records of the child, including the
Individual Care Plan and prepare a report to be placed before
Committee or Board or the Children’s Court for consideration of
release from the institution; and
(xx)
Any other task as may be assigned.
75. Rehabilitation-cum-Placement Officer.-(1) The Rehabilitation- cum-
Placement Officer shall be designated in all Children’s Homes, Special Homes,
Observation Homes, places of safety, and District Child Protection Units.
(2) The Rehabilitation-cum-Placement Officer may have a Master’s Degree in
Social Work or education or psychology or Human Resource Management and at least
three years’ experience in the field of rehabilitation, employment creation and resource
mobilization.
(3) The Rehabilitation-cum-Placement Officer shall perform the following
functions namely:-
(i)
Identify the skills and aptitude of the children placed in child care
institutions through appropriate mechanism and in consultation
with the Child Welfare Officer, Case Worker, Counsellor and
Vocational instructor;
(ii)
Identify and develop linkages with all such agencies that offer
vocational or skill development training services with job placement
at the end of the course;
(iii)
Network with persons, corporate, recognised non- governmental
organisations and other funding agencies to mobilise resources for
sponsoring training program and support for self-employment;
(iv)
Facilitate and coordinate with agencies, individuals, corporates,
recognised non-governmental organisations and other funding
agencies to set up vocational training units or workshops in child
care institutions as per age, aptitude, interest and ability;
(v)
Mobilise voluntary vocational instructors who render services to
carry out the training sessions in the child care institutions;
(vi)
Inculcate
entrepreneurial
skills
and
facilitate
financial
and
marketing support for self-employment;
(vii)
Prepare rehabilitation plans keeping in mind the needs and
circumstances of the child;
(viii)
Maintain the Rehabilitation Chart in Form 14 and monitor the
progress made by the child on regular basis and submit such
progress reports to the Management Committee;
(ix)
Facilitate the child to get certificates on completion of the education
or vocational training courses:
Provided that, such certificates are designed in a
manner that respects confidentiality and privacy of the child.
(x)
Make efforts for ensuring effective placement of each eligible and
trained child;
(xi)
Organise workshops on Rehabilitation programmes and services
available under Central and State Government Schemes, spread
awareness and facilitate access to such schemes and services;
(xii)
Organise
workshops
on
personality
development,
life
skill
development, coping skills and stress management and other soft
skills to encourage the child to become a productive and responsible
citizen;
(xiii)
Conduct regular visits to the agencies where the children are placed
to monitor their progress and provide any other assistance as may
be required;
(xiv)
Maintain and update records of children's progress regarding
vocational training and placement;
(xv)
Enable the strengthening of relationships between the child and the
child’s family and extended family, if in the best interest of such
child, and in accordance with the child’s individual care plan, in
collaboration with the case worker, child welfare officer or
probation officer; and
(xvi)
Provide any other assistance as may be required.
76. Staff Discipline.-(1) Any dereliction of duty, violation of rules and orders shall be
viewed seriously and strict disciplinary action shall be taken or recommended by the
Person-in-charge against the erring officials, as per the service rules and applicable
laws.
(2) No staff of the child care institution shall be present at an unauthorised
location within the child care institution.
(3) Person-in-charge of child care institutions shall ensure that children do not
have access to articles specified in rule 79 which may be dangerous or hazardous.
Entry of such articles may be permitted under special circumstances for maintenance
of the child care institution and it shall be handled only by the staff.
(4) No staff of the child care institution shall consume any addictive substances
like liquor, bidi, cigarette, tobacco or any other psychotropic substance within the
premises of the child care institution, whether on duty at the relevant time or not or
shall report for duty under the influence of any intoxicating substance.
(5) No staff of the child care institution shall sell or let for gain any article to any
child or have any monetary or any other transaction for gain with such child or his
parent or guardian.
(6) No staff of the child care institution shall use any abusive or vulgar language
or discuss age-inappropriate topics or watch pornographic material or read obscene
literature in the premises of the child care institution.
(7) Every staff member and persons providing services to children or working in
the child care institution in any capacity shall abide by the Child Protection Policy for
child care institutions as notified by the State Government.
(8) Staff of the child care institution shall respect the privacy of children residing
therein, and shall refrain from violating the privacy including making it public via any
medium, including electronic means.
77. Security measures.- (1) Adequate number of security personnel shall be
engaged in every child care institution keeping in mind the category of children
housed in the Child Care Institution, age group of children and the purpose of
the child care institution and the risk factor to and from the child. At least three
guards in each shift shall be ensured.
(2) While engaging security personnel, preference shall be given to ex-
servicemen recruited through the Directorate General of Resettlement or agencies
recommended by them.
(3) In child care institutions housing girls, female security guards would be
provided for the security inside the child care institution and male security guards
may be engaged for the security of the child care institution from outside.
(4) Security personnel should also be available in reserve for any emergency
situation.
(5) The Person-in-charge shall ensure that appropriate security measures are
employed at all times, including the following namely,-
(i)
There shall be a sufficient number of guards at all times in different
shifts to be posted at the points to be identified by the Person-in-
charge in consultation with security in-charge and the Department.
(ii)
Any child, who complains of a medical problem or any other
problem at night, shall report to the caregiver concerned. The
caregiver shall take such necessary steps as may be required and in
case of emergency shall inform the medical officer concerned or the
Person-in-charge as the need may be, who shall immediately take
appropriate steps.
(iii)
A duty roster shall be prepared and displayed at some prominent
place in the premises of the child care institution by the Person-in-
charge.
(6) Every caregiver or other staff of the Home, if they come to know of any
incident or probability of unrest amongst the children, shall bring the same to the
notice of the Person-in-charge without any loss of time, who shall take necessary steps
as the situation demands and shall inform the Board or the Committee of such
information or incident as well as the steps taken by the Person-in-charge, in writing.
(7) The Person-in-charge shall make surprise visits to the child care institution
during the night as frequently as possible, but not less than once a week. The Person-
in-charge shall make a record of the timings of the visit and also note observations in
the register maintained in that regard.
(8) In a case of disturbance outside the child care institution, the shift in-charge
shall immediately inform the police station concerned.
(9) In a case of violence or disturbance inside the child care institution, the shift
in-charge shall take assistance of the police with the permission of the Person-in-
charge. The shift in-charge shall first issue a warning to the children.
(10) In case of a natural disaster or fire or any such calamity, the shift in-charge
shall take suitable steps for evacuation and safety of the children as per the Disaster
Management Protocol as developed by the State Disaster Management Authority for
child care institutions.
To prepare the officers, children and guards to follow the above steps, a practice
drill shall be held once in three months, without previous notice by the Person-in-
charge.
(11) Closed Circuit Television cameras may be installed at all key points such as
all entry and exit points to the child care institution, reception, corridors, kitchen,
pantry or store room, washrooms and any other space as may be decided by the
Management committee with due regard to the privacy and dignity of the children and
subject to the guidelines issued by the State Government.
Within the child care institution, the Person-in-charge of the institution shall
have sole access to the surveillance footage collected via CCTV cameras.
(12) Adequate number of scanners and metal detectors may be provided in every
child care institution.
78. Searches and Confiscation.-(1) The Person-in-charge or other authorised
functionary of the Home may conduct searches if required, and confiscate prohibited
articles, if found.
(2) The procedure in case of confiscation shall be as follows namely:-
(i)
Any prohibited article found during the search, shall be confiscated by the
Person-in-charge and a list of such confiscated articles shall be prepared;
(ii)
In case of arms, weapons, articles capable of being used as weapons or
tools for criminal activities or addictive substances being found from a
child or dormitory, the Person-in-charge shall conduct an inquiry to
ascertain the presence of such articles and the persons responsible for
such act;
(iii)
The Person-in-charge shall furnish their report in this respect to the police
and inform the Board or the Committee at the earliest;
(iv)
The Board or Committee may initiate appropriate action upon such report
or on the report forwarded by the Committee for disposal of the
confiscated articles;
(v)
The State Government or the District Magistrate shall take appropriate
action based on the report submitted against the person responsible, if
such person is an officer of the child care institution or against the agency
through whom the said person has been engaged or the child care
institution; and
(vi)
The child responsible shall be dealt with in accordance with the Act and
the rules made there under.
(3) All the articles confiscated shall be destroyed or disposed of having regard to
the nature of the articles, on the orders of the competent court, after being satisfied
that the seized articles are not required in any inquiry or departmental action against
any officer or in any criminal investigation and proceedings.
79. Institutional Management of Children.-
A. Reception of Child.-(1) Every child shall be received by the Person- in-charge of
the child care institution or such other official duly authorised by the Person-in-
charge to receive a child, referred to as the Receiving Officer.
(2) The Receiving Officer shall satisfy themselves as regards the identity of the
child and in case of any doubt, the Receiving Officer shall promptly inform the Person-
in-charge who shall forthwith inform the Board or the Committee and produce the
child before the Board or the Committee without any delay.
B. Types of Stay at the Child Care Institution.- (1) In case of children in
conflict with law, there are three types of stay of children at the child care
institution:
(i)
protective custody;
(ii)
overnight protective stay; and
(iii)
rehabilitation stay.
(2) In case of children in need of care and protection, there are two types of
stay of children at the child care institution:
(i)
overnight protective stay; and
(ii)
rehabilitation stay.
C. Protective Custody.-(1) A Protective Custody Card in Form 41 duly signed by
the Board or a custody order duly signed by the Children’s Court is required for
such stay.
(2) Duration of such stay shall be as directed by the Board or the Children’s
Court and as extended from time to time by them.
(3) Such a stay shall be during the pendency of the inquiry or trial.
D. Overnight Protective Stay.-(1) The purpose of the stay is to provide shelter to
the child and prevent the child being kept overnight at the police station or at
any other unsuitable place by providing an alternative.
(2) Such stay may be only after 17:00 hrs in the night and till 14:00 hrs on the
following day.
(3) A child shall be permitted to stay at the child care institution for one night on
an application seeking overnight protective stay of the child moved by the Child
Welfare Police Officer in writing to the Receiving Officer. The application shall be
accompanied with a copy of the relevant documents showing the circumstances in
which the child was apprehended or found and the medical condition of the child.
(4) Upon being satisfied about the identity of the child, the child may be received
by the Receiving Officer and Form 42 shall be filled in triplicate. One copy of the form
shall be retained as record of the child care institution, one copy shall be handed over
to the Child Welfare Police Officer and the third copy shall be forwarded to the
Board or the Committee concerned for their record.
(5) The child shall be handed over to the charge of the Child Welfare Police
Officer the next day at the time stated in the form under receipt by the said Child
Welfare Police Officer in the copy of the form.
(6) In case of the Child Welfare Police Officer not taking the charge of the child at
the designated time, the child shall be produced before the Board concerned or the
Committee by the Person-in-charge of the child care institution with a report stating
such fact.
(7) The particulars of the child shall be entered in the admission and discharge
register, noting that the child has been received for overnight protective stay.
(8) The child shall be searched physically and all his personal belongings, if any
that are found, shall be handed over to the Child Welfare Police Officer who has
produced the child and who shall seize the articles and furnish a copy of such seizure
to the Receiving Officer.
(9) The child shall be provided food to eat and drink, if the child is hungry,
irrespective of the time of receiving such child.
(10) The child shall be placed for the night in the reception dormitory or the
segregation unit as the case may be.
E. Rehabilitation Stay.-(1) A child may be sent to the Children’s Home by the
Committee for such a stay or to the special home or the place of safety by the
Board or the Children’s Court.
(2) The child shall be issued the Rehabilitation Chart in Form 14 which shall
state the duration of stay of the child, unless the duration is shortened by a specific
order in that respect by the Board or the Committee or the Children’s Court.
F. Procedure to be adopted at the time of receiving the child.- (1) The
receiving officer shall follow the following procedure at the time the child is
received namely:-
(i)
A full personal description of the child shall be entered in the
admission and discharge register. In case of rehabilitation stay,
the date of release of the child shall also be noted;
(ii)
The child shall be searched after explaining the requirements and
the process, and with due regard to decency and dignity and all the
personal belongings shall be dealt with as stated in rule 80 of these
rules. A girl child shall be searched only by a female member of the
staff;
(iii)
The child shall be provided food to eat and drink if the child is
hungry, irrespective of the time of receiving such child;
(iv)
The child shall be provided medical care in case of ill-health, injury,
mental ailment, disease or addiction requiring immediate attention;
(v)
The child shall be segregated in specially earmarked dormitory or
ward or hospital in case he is suspected to be suffering from
contagious or infectious disease requiring special care and caution;
(vi)
The child shall be asked about any immediate and urgent needs like
appearing in an examination or interview, contacting family
members. A note of the same or of the fact that no such need is
present shall be made by the Receiving Officer and put up before the
Child Welfare Officer or Case Worker to whom the child is assigned.
The said note shall be placed in the case file of the child;
(vii)
The Child Welfare Officer or Case worker, as the case may be, shall
take immediate steps to ensure that the needs so recorded are
addressed to the best extent possible, keeping in mind the best
interests of the child. Whenever the child requires to leave the
premises of the child care institution to address a specific need, a
staff member; or
(viii)
An authorized Social Worker or police shall accompany the child.
(2) Every child received in the child care institution shall be kept for the first
fourteen days of their stay in the reception dormitory made specifically for the
purpose or the segregation unit, so that the child adjusts to life in the child care
institution.
G. Procedure to be adopted after the child is received.- (1) The following
procedure shall be adopted on the same day or the next day if the child is
received in the night:-
(i) Photographs of the child shall be taken. One photograph shall be kept in the
case file of the child and another shall be fixed on the index card with the
particulars of the child. A copy shall be kept in an album serially numbered and
a copy of the photograph shall be sent to the Board or the Committee as well as
to the District Child Protection Unit and be uploaded on the designated
portal set up for the purpose;
(ii) The child may have a bath and be provided fresh clothes. The caregiver shall
issue the child toiletry items, new sets of clothes, bedding and other outfit and
equipment as per rule 39, a list of which shall be kept in their case file. The
provisions will be replenished from time to time as per rule 39;
(iii)The Child Welfare Officer or Case Worker shall familiarize every newly admitted
child with the child care institution and its functioning, particularly in the
following areas:-
(a)
Personal health, hygiene and sanitation;
(b)
Discipline of the child care institution and code of behaviour;
(c)
Daily routine activities and peer interaction; and
(d)
Rights, responsibilities and obligations within the child care institution.
(iv) The child shall be examined by the medical officer, who shall record the state
of health of the child, and of any wound or mark on the child’s person and any
other observation which the medical officer thinks fit a copy of which shall be
placed in the medical record of the child; and
(v) A Child Welfare Officer or Case Worker shall be assigned to the child by the
Person-in-charge.
H. Procedure to be adopted during the first fourteen days of receiving the
child.- (1) The assigned Child Welfare Officer or Case Worker shall interact with
the child as often as possible.
(2) Within two days of the receipt of the child, if required, the child may be
examined by a panel of doctors to understand the physical, medical, psychological
state and the state of addiction, if any, for assessment of personality traits and
requirements to assist in the rehabilitation plan to be prepared for the child.
(3) The Child Welfare Officer or Case Worker assigned to the child shall also
interact with the family members of the child, where available. A case history in Form
43 shall be prepared and maintained in the case file of the child. Information for the
same may be collected through all possible and available sources including the
parents or guardians, home, school, friends, employer and community of the child.
(4) The Child Welfare Officer or Case Worker shall assess the educational level
and vocational aptitude of the child on the basis of tests and interviews, conducted
with the assistance of other technical staff. Necessary linkages, in this respect, shall
be established with outside specialists and community based welfare agencies,
psychologist, psychiatrist, child guidance clinic, hospital and other Government and
non-governmental organisations.
I. Procedure to be adopted on the expiry of the first fourteen days.-(1)
The child shall be shifted to one of the regular dormitories and assigned a specific bed,
cabinet and study table in that dormitory.
(2) Assignment of the dormitory shall be done on the basis of,-
(i) age;
(ii) nature of offence committed by or against the child;
(iii)physical and mental status of the child; and
(iv) children, requiring special care, shall be kept in a different dormitory.
(3) An individual care plan in Form 7 of the child shall be prepared by the Child
Welfare Officer or Case Worker on the basis of the child's case history, education
and vocational aptitude. In case of rehabilitation stay, the care plan shall be
formulated for the complete period of the stay and shall necessarily include any and
all directions given by the Board or the Committee or the Children’s Court
towards the rehabilitation including bridge courses, formal, informal or continuing
education.
(4) The Child Welfare Officer or Case Worker shall review the individual care
plan and note their opinion in the rehabilitation chart in Form 14 on the basis of own
observations, interaction with the child and the child’s teachers or instructors and the
feedback received from the house father or house mother counsellor and doctors
where ever applicable.
(5) The Child Welfare Officer or Case Worker shall also maintain a record of any
difficulty faced by the child during the stay at the Child Care Institution with a note
of the steps taken to resolve the difficulty.
(6) The Child Welfare Officer or Case Worker shall similarly keep a record of the
complaints made by the child with regard to the facilities in the child care Institution
with a note of the steps taken thereon.
(7) The individual care plan shall be reviewed at least every month before the
final order and thereafter to be prepared once a quarter. A report of its effectiveness or
inadequacy shall be prepared with reasons for such opinion.
J.Procedure to be adopted after three months.- (1) The progress of the child
shall be examined, with specific reference to the aims and targets noted in the
individual care plan for the child. The progress of the child shall be reviewed and
noted in the rehabilitation chart in Form 14.
(2) The quarterly progress report shall be placed before the Management
Committee for perusal and consideration.
(3) After deliberation by the Management Committee, the individual care plan
shall be appropriately modified. The routine of the child and the approach towards
rehabilitation of the child shall also be suitably modified. Record of such modified care
plan and daily routine shall be maintained in the case file of the child. The
progress shall be reviewed and recorded in the rehabilitation chart in Form 14.
K. Pre-release planning.- (1) A well-conceived programme of pre-release planning
and follow up of cases discharged from Children’s Homes, special homes and
places of safety shall be organised in all institutions as per the directions of the
Board or the Committee or the Children’s Court the individual care plan
prepared for the child shall be followed in the pre-release planning.
(2) In the event of a child leaving the child care institution without permission or
committing an offence within the institution, the information shall be sent by the
Person-in-charge to the Child Welfare Police Officer or other member of the Special
Juvenile Police Unit and the family, if known; and the detailed report of circumstances
along with the efforts to trace the child if the child is missing, shall be sent to the
Board or the Committee or the Children’s Court, as the case may be.
(3) Whenever a child is being handed over to a guardian or parent, the person
taking custody of the child shall be guided and informed in writing about the
specific needs of the child and the individual care plan regarding the best interest
of the child and their responsibilities in Form 7 by the Committee or the Board or the
Children’s court.
(4) The children shall be educated about their rights and the Child Care
Institution may encourage the children and enable their access to education, sports
and other extracurricular activities.
L. Daily Routine in the Child Care Institution.- (1) Every child shall obey the
order of an officer of the Child Care Institution or house representative and
shall remain under discipline.
(2) Every institution shall have a daily routine for the children in consultation
with the Children’s Committee, which shall be prominently displayed at various places
within the institution.
(3) The daily routine shall include, inter alia, for a regulated and disciplined life,
personal hygiene and cleanliness, physical exercise, yoga, educational classes,
vocational training, organised recreation and games, moral education, group activities,
prayer and community singing and special programmes for Sundays and holidays.
M. Behaviour of the Child.-(1) The children in the child care institution will be
oriented about the procedures and practices within the child care institutions by
the person- in-charge or the House parent.
(2) Every unacceptable behaviour shall be taken note of by the Children’s
Committee and the child found in violation of rules may be counselled to understand
why the child has committed such an act. The Children’s Committee may recommend
appropriate action, including counselling, for the welfare of the child to the Person-in-
charge. A copy of the report containing the description of the incident and the action
taken thereupon shall be submitted to the Board or the Committee or the Children’s
Court by the Person-in-charge within twenty-four hours. A copy of the same shall also
be placed before the Management committee for planning a long term strategy for
prevention of such incidents.
(3) A copy of the report shall be kept in the case file of the child concerned.
(4) The Person-in-charge may deal with the violation appropriately bearing in
mind the psychological and physiological needs of the child, and after consulting a
medical professional, if necessary, and the House Mother or House Father, and
counsellor giving due consideration to the recommendation of the Children’s
Committee and the safety and dignity of the child.
(5) The Person-in-charge may seek the assistance of the counsellor or the
Child Welfare Officer or Case Worker, any non-governmental organisation associated
with the child are institution in dealing with the situation.
(6) A child showing exceptionally good behaviour shall be considered for
appropriate reward or benefits by the Person-in-charge and note of the same shall be
placed in the case file of the child.
N. Manner of dealing with unacceptable behaviour.- (1) The action taken shall
be commensurate with the nature and degree of violation and the age of the
child and may be any of the following namely:-
(i) Counseling;
(ii) Formal warning;
(iii)Assignment of house-keeping tasks;
(iv) Imposition writing i.e. writing a number of times that he shall not
repeat the behaviour;
(v) Forfeiture of privileges viz. permission to watch television, permission to
go for outdoor activity; and
(vi) Sports and recreation and other preferred activities.
(2) No child shall be subject to corporal punishment or any mental harassment
including humiliating behaviour affecting the dignity of the child.
O. Good behaviour.- The following shall be considered good behaviour,
namely:-
(i) Following the rules of discipline and adhering to the routine,
assessed over a period of a month;
(ii) Preventing,
any
other
child
from
indulging
in
any
unacceptable behaviour or preventing violence;
(iii)Preventing any mishap by raising an alarm, evacuating other
children in case of disaster;
(iv) Assisting any officer of the Child Care Institution
in maintaining order;
(v) Informing the Child Welfare Officer of any plan of creating unrest or
of escape;
(vi) Inform the Person-in-charge about any prohibited article or
contraband;
(vii)
Helping another child to come out of their trauma;
(viii)
Performing
exceptionally
well
in
an
examination
in
continuation of their studies, or vocational or rehabilitation courses;
(ix) Positive and adaptive behaviour; and
(x) Any other good behaviour as found exceptional by the Person-in-
charge.
P. Reward or Benefits for maintaining exceptional behaviour.-The
rewards to a child, at such rates as may be fixed by the management of
the institution from time to time, may be granted by the Person-in-charge
as an encouragement for good work and good behaviour and at the time of
release, the reward shall be handed over after obtaining a receipt from the
parent or the guardian, who comes to take charge of the child or to the
child directly. No monetary rewards shall be given to a child. Rewards may
be in the form of public felicitation, reading material, or any other
resource that supports the child’s rehabilitation.
80. Prohibited Articles.-(1) No person shall bring into the child care
institution the following prohibited articles, namely:-
(i)
Intoxicants of any description, psychotropic substances, liquor,
ganja, bhang, opium, smack etc;
(ii)
All explosives, poisonous substances, acid and chemicals, whether
fluid or solid of whatever description;
(iii)
All arms, ammunition and weapons, knives and cutting implements
of every kind and articles which are capable of being used as a
weapon of whatever description;
(iv)
All obscene matter;
(v)
String, rope, chains and all materials which are capable of being
converted into string or rope or chains, of whatever description;
(vi)
Wood, bamboo, club, stick, ladder, bricks, stones and earth of every
description;
(vii)
Playing cards or other implements for gambling;
(viii)
Tobacco products, pan masala or similar item;
(ix)
Medicine that has not been specifically prescribed; and
(x)
Any other article, as may be specified in this regard by the State
Government by a general or special order.
(2) All bullion, metal, coin, jewelery, ornaments, currency notes,
securities and articles of value of every description including electronic items
such as mobile phone, digital camera, i-pad, etc, shall be deposited in safe
custody.
(3) The disposal of the prohibited articles shall be as per rule 81.
81. Articles found on search and inspection.-(1) The Person-in- charge shall
ensure that every child received in the institution is searched, their personal
belongings inspected and money or any valuables found with the child is kept in the
safe custody of the Person-in-charge. In case of search of a female child, the search
shall be carried out by female staff only. In every institution, a record of money,
valuables and other articles found with a child shall be maintained in the "Personal
Belongings Register” which shall contain a description of the articles.
(2) The entries made in the Personal Belongings Register relating to each child,
shall be read over to the child in the presence of a witness, whose signature shall be
obtained in token of the correctness of such entries and it shall be countersigned by
the Person-in-charge.
82. Maintenance of Articles belonging to the child.- (1) The money or
valuables belonging to a child shall be disposed of in the following manner, namely:-
(i) On receipt of a child in an institution, the Person-in-charge shall
deposit the money belonging to the child in the bank account of the
child;
(a) If a child in rehabilitation stay does not have a bank account,
then the Child Welfare Officer or Case Worker to whom the
child is assigned shall assist the child in opening a bank
account; and
(b) In case of a child in overnight protective custody, who does
not have a bank account, the money belonging to the child
shall be kept in safe custody, and returned to the child at
the time of release.
(ii) The valuables, documents, and other articles, if any, shall be kept
in safe custody, and a list of all such articles shall be prepared and
included in the personal belongings register;
(iii)When such child is transferred from one institution to another, all
their money, valuables, documents including letters from the
biological family in case of surrendered children, and other
articles, shall be transferred along with the child to the Person- in-
charge of the institution to which the child has been transferred
together with a full and correct statement of the description thereof;
(iv) At the time of release of such child, all valuables and other articles
kept in safe custody and the money deposited in the name of the
child shall be handed over to the parent or guardian, as the case
may be, with an entry made in this behalf in the register and signed
by the parent or the guardian;
(v) When a child in an institution dies, the valuables and other articles
left by the deceased and the money deposited in the name of the
child shall be handed over by the Person-in-charge to the parent or
guardian of the child;
(vi) A receipt shall be obtained from such person for having received
such money, valuables and other articles;
(vii)
If no claimant appears within a period of six months from the
date of death or escape of a child, the valuables and other articles
and money deposited in the name of the child shall be disposed of
as per the decision taken by Management Committee under rule 48;
and
(viii)
When a child is placed in adoption, any belongings of the
child not given to the adoptive parents shall be preserved by the
institution and shall be given to the adult adoptees when they
come to the institution for root search.
83. Maintenance of case file of children in Child Care Institution or group
foster care.-(1) The case file of each child maintained in the child care institution in
safe custody shall be confidential.
(2) The case file shall be produced before the Board or the Committee or the
Children’s Court on every date of production of the child for perusal of the Board or
the Committee or the Children’s Court.
(3) The case file shall contain the following namely:-
(i)
Report of the person or agency who produced the child before the
Board or Committee including the report of the police;
(ii)
Copy of FIR or DD entry in case of offence committed by or against
the child;
(iii)
Photo ID, if available;
(iv)
Order of assignment of the Case Worker or Child Welfare Officer;
(v)
Case history form;
(vi)
Report of any urgent need of the child;
(vii)
Reports of the Person-in-charge, Probation Officer or Child Welfare
Officer, counselor and caseworker;
(viii)
The case file of the child maintained in any previous institution, if
any;
(ix)
Report of the initial interaction with the child, information from
family members, relatives, community, friends and miscellaneous
information;
(x)
Source of further information about the child, the child’s family etc.;
(xi)
Observation reports from staff members;
(xii)
Regular health status reports from Medical Officer, drug de-
addiction progress reports, as the case may be;
(xiii)
Psycho-social profiling, regular counseling reports, any other mental
health intervention report, wherever applicable;
(xiv)
Report of Intelligence Quotient (I.Q) testing, aptitude testing,
cognitive assessment, educational or vocational tests, if conducted;
(xv)
Instructions regarding training and treatment programme and
special precautions to be taken;
(xvi)
Copy of the personal belongings register;
(xvii)
Copy of order declaring the age of the child;
(xviii)
Leave and other privileges granted;
(xix)
Rehabilitation Chart;
(xx)
Quarterly progress report;
(xxi)
social investigation report, order of the Committee, linkage with
schemes, individual care plan, including pre-release programme,
post
release
plan
and
follow-up
plan
as
prescribed
and
modifications therein;
(xxii)
Fortnightly and monthly report of the effectiveness of the care plan;
(xxiii)
Record of difficulties faced by the child and their resolution;
(xxiv)
Record of the complaints of the child and action taken on them;
(xxv)
Feedback given by the child;
(xxvi)
Leave of absence or release under supervision;
(xxvii)
Report about a visitor visiting the child being found to have
objectionable or prohibited articles;
(xxviii)
Report of the child having such articles and action taken on the
same;
(xxix)
Report of any unacceptable behaviour and outcome;
(xxx)
Report of any exceptional behaviour and outcome;
(xxxi)
Special achievements and violation of rules, if any;
(xxxii)
Note of the rewards or earnings of the child and receipt by the
child or his parent or guardian;
(xxxiii)
Release or restoration order;
(xxxiv)
escort order, if any;
(xxxv)
Compliance report of release in case of children under rehabilitation
intervention stay;
(xxxvi)
Report of the child not being released and compliance report of the
directions issued on non-release of a child;
(xxxvii)
Follow-up reports;
(xxxviii)
Annual photograph;
(xxxix)
Follow-up report of post release cases as per the direction of the
Board or the Committee or the Children’s Court;
(xl)
Copy of any other report called by the Board or the Committee or
the Children’s Court in respect of the child; and
(xli)
Copy of ID proofs and other necessary documents brought by the
child's parent or guardian at the time of release.
(4) The medical record of a child shall contain all reports and records of the
child regarding the status of the physical and mental health, addiction status and
treatment, etc.
(5) In the case of children who have not been institutionalised, it shall be the
responsibility of the secretary of the concerned Child Welfare Committee to maintain
the case file of the child. Where such a child is transferred to another jurisdiction, the
case file of the child shall be sent to the Child Welfare Committee taking charge of the
child.
(6) In the case of institutionalised children, the child care institution where the
child is residing is responsible for the maintenance of the case file of the child. Where
such child has been subsequently restored, or sent to foster care, the child care
institution shall continue to be responsible for maintenance and safe custody of the
case file.
(7) All the case files maintained by the institutions may be computerised and
the State Government may develop appropriate processes for the same.
84. Visits to and communication with children.- (1) Every child in the child
care institution shall be permitted to have one meeting in a week with parents or
relatives provided they have not been involved in subjecting the child to neglect, abuse
or exploitation:
Provided that, in special cases, where parents or guardians have travelled a long
distance from another State or District, the Person-in-charge may allow the parents or
guardians entry into the premises and a meeting with their children on other days on
confirmation of their identity and they being reported not to have been involved in
subjecting the child to neglect, abuse or exploitation.
(2) A newly received child shall be permitted to meet their parent or guardian or
family member on their first visit on any day.
(3) No meeting shall be permitted with the parent or guardian or relatives
where such visitors have been found to be involved in subjecting the child to violence,
abuse and exploitation or carrying any prohibited articles, except with the express
permission granted by the Board or the Committee or the Children’s Court or when
such meeting has been specifically directed by the counsellor of the child.
(4) Every child shall be allowed to write two letters in a week to their parent or
guardian or to their relatives. Necessary stationery and postage for the letters shall be
provided by the Person-in-charge.
(5) The Person-in-charge may peruse any letter written by or to the child and
may for reasons to be noted in the case file of the child, refuse to deliver or issue the
letter. A report of the same shall be prepared and placed before the Management
Committee. The letter shall be preserved and produced along with the report to
the Management Committee. If it makes out a complaint by the child against
another child, or the staff of the child care institution, then immediate inquiry should
be undertaken on the basis of the complaint. A copy of the report shall be retained on
the case file and another copy shall be sent to the Board or the Children’s Court or the
Committee.
(6) Every child shall be allowed to bring any written communication for the
purpose of handing over to the Board or the Committee or the Children’s Court, as the
case may be, and be provided stationery, etc. for the same.
(7) The Person-in-charge may allow a child to speak with their parents or
guardians on telephone once a week under supervision of the Child Welfare Officer or
Case Worker or Probation Officer and record shall be duly maintained of such calls.
(8) Every person desiring to meet the child shall, before the meeting, disclose
their name and address with proof, which shall be noted in the visitors register and
signed by the visitor. Copy of the photo identity card containing the address and a
photograph of the visitor to be taken whenever possible before the meeting, shall be
retained by the institution. If the visitor refuses to disclose their particulars, the visitor
shall be denied the meeting.
(9) The visitors shall submit themselves for a search at the main gate, female
visitors shall be searched by female staff only.
(10) Every meeting shall take place in the presence of the Child Welfare Officer
or Case Worker or Probation Officer of the child care institution, who shall be
responsible for any irregularity that occurs and who shall be so placed that he is
able to see and to prevent any objectionable or prohibited article being passed
between the parties.
(11) Every child shall be carefully searched before and after the meeting in the
presence of the visitor. The child should not be having anything with them before they
go for the meeting.
(12) If any objectionable or prohibited article is found in the search conducted
before the meeting,
(i)
the said article shall be seized;
(ii)
the Person-in-charge shall conduct an inquiry to know the identity
of the person responsible for the article reaching the child;
(iii)
if the persons responsible are from the staff of the child care
institution, appropriate action will be initiated against them; and
(iv)
a detailed report of the inquiry and its result shall be forwarded to
the Department and the Board or court of competent criminal
jurisdiction.
(13) If any objectionable or prohibited article is found in the search conducted
after the meeting,
(i)
the article shall be seized;
(ii)
in case of any illegal article being found warranting legal action, the
article and the visitor shall be detained and the police informed. The
visitor and such article shall be handed over to the police;
(iii)
a report of such visitor shall be prepared and placed in the case
file of the child;
(iv)
a report of the incident shall be forwarded to the Board or court of
competent criminal jurisdiction; and
(v)
copy of the report shall be placed in the case file of the child.
(14) Every child shall be entitled to communicate with their legal counsel
provided that,
(i)
the rules of search and seizure shall apply to all legal counsel also;
(ii)
every such interview shall take place within the sight of a home
official, though at a safe distance so as to be out of hearing;
(iii)
the person wishing to have an interview with the child in the
capacity of their advocate shall apply in writing, giving their name,
address and enrolment number with a copy of a vakalatnama, duly
attested by the Board or the Committee or the Children’s Court; and
(iv)
any child who claims to have no counsel shall be permitted to meet
the legal aid counsel who visits the child care institution in the
normal course.
85. Death of a Child.-(1) On the occurrence of any case of death or suicide of a
child in a child care institution, the procedure to be adopted shall be as under:
(i)
The institution must ensure that an inquest and post-mortem
examination is held at the earliest;
(ii)
In case of natural death or death due to illness of a child, the
Person-in-charge shall obtain a report of the Medical Officer stating
the cause of death and a written intimation about the death shall be
given immediately to the nearest Police Station, Board or Committee
and the District Child Protection Officer, and the District
Magistrate, parents or guardians or relatives of the child;
(iii)
Immediate information shall be given by the case-worker or
Probation Officer or Child Welfare Officer to the Person-in-charge
and the Medical Officer and the Person-in-charge shall immediately
inform the nearest police station, the State Government, Board or
Committee and the District Child Protection Officer, and the District
Magistrate, parents or guardians or relatives of the deceased child
within twenty four hours;
(iv)
If a child dies within twenty-four hours of their admission to the
child care institution, the Person-in-charge of the child care
institution shall report the matter to the police and the District
Child Protection Officer, and the District Magistrate, and the
District Medical Officer or the nearest Government hospital, and the
parents or guardians or relatives of such child without delay;
(v)
The Person-in-charge and the Medical Officer of the child care
institution shall record the circumstances of the death of the child
and send a report to the concerned Magistrate under section 194
and 196 of the BharatiyaNararikSurakshaSanhita, 2023 (Central
Act 46 of 2023) the police, the Board or the Committee or the
Children’s Court and the District Medical Officer or then nearest
Government hospital where the dead body of the child is sent for
examination and determination of the cause of death and the
person-in charge and the Medical Officer shall also record in
writing their views on the cause of death, if any, and submit it to
the concerned Magistrate and to the police;
(vi)
The Person-in-charge and the Medical Officer at the child care
institution shall make themselves available for any inquiry initiated
by the police or the Magistrate regarding the cause of death and
other details regarding such child;
(vii)
As soon as the inquest is over, the body of the child shall be handed
over to the parent or guardian or relatives or, in the absence of any
claimant, the last rites shall be performed under the supervision of
the Person-in-charge of the child care institution in accordance with
the known religion of the child after retaining a photograph of the
child for future reference; and
The Person-in-charge shall register the death of the child with the
concerned registrar office to obtain the death certificate, by filling up
an application form in the prescribed form under the Registration of
Birth and Deaths Act, 1969 (Central Act 18 of 1969) along with the
necessary documents.
86. Prevention of identification and reporting of abuse and neglect of the
child.- (1) Every institution shall evolve a system of ensuring that there is no abuse,
neglect and maltreatment and shall include the staff who is aware of what constitutes
abuse, neglect and maltreatment, and their early indication and how to respond to
these abuses. Staff shall be trained on prevention, identification and reporting of
abuse at least once in a year.
(2) In the event of any physical, sexual or emotional abuse, including neglect of
children in an institution by those responsible for care and protection, the following
action shall be taken namely:-
(i)
the incidents of abuse, neglect and exploitation shall be reported by
any staff member of the institution immediately to the Person-in-
charge on receiving such information and if the Person-in-charge is
alleged to have committed the abuse or exploitation, the incident
shall be reported to the District Child Protection Unit and the State
Child Protection Society;
(ii)
when an allegation of physical, sexual or emotional abuse comes to
the knowledge of the Person-in charge or the District Child
Protection Unit or the State Child Protection Society, a report shall
be placed before the Board or Committee, who in turn shall,
order for investigation;
(a) in the event a case of sexual abuse is reported,
procedure under section 19 of the Protection of Children
from Sexual Offences Act, 2012 (32 of 2012), shall be
followed;
iii.
the Board or Committee or Children’s Court shall direct the local
police station or Special Juvenile Police Unit to register a case, take
due cognizance of such incidents and conduct necessary
investigation;
iv.
the Board or Committee shall take necessary steps to ensure
completion of inquiry and provide legal aid as well as counselling to
the child victim;
v.
the Board or Committee or Children’s Court shall transfer such a
child to another institution or place of safety or fit person, as the
case may be, if such transfer is in the best interest of the child;
vi.
the Person-in-charge of the institution shall also inform the
Chairperson of the Management Committee and place a copy of the
report of the incident and subsequent action taken in its next
meeting;
vii.
in the event of any other crime committed in respect of children in
institutions, the Board or Committee shall take cognizance and
arrange for necessary investigation to be carried out by the local
police or Special Juvenile Police Unit;
viii.
the Board or Committee may consult Children’s Committee setup in
each institution to enquire into the fact of abuse and exploitation as
well as seek assistance from voluntary organisations, child rights
experts, mental health experts or crisis intervention centres in
dealing with matters of abuse and exploitation of children in an
institution; and
ix.
All the child care institutions shall ensure that their officers and
entire staff, including security staff, are trained at least once a year
on prevention, identification and reporting of abuse and neglect.
87. Maintenance of Registers.-(1)The persons mentioned in column (3) shall
maintain registers and forms under the Act and these rules in column
(2) whose custodian shall be the persons mentioned in column (4) thereof as
under:
Sl.No.
Register and forms
To be maintained by
Custodian
(1)
(2)
(3)
(4)
1.
Admission
and
Discharge
Register which will indicate
change of nature of custody.
Child Welfare Officer or
Case Worker or Receiving
Officer
Person-in-
charge
2.
Attendance Registers for staff
and children.
Shift In charge
Person-in-
charge
3.
Budget Statement file.
Person-in-charge
Person-in-
charge
4.
Case file of each child.
Child Welfare Officer or
Case Worker
Person-in-
charge
5.
Cash Book.
Accounts
Officer
or
Cashier
Person-in-
charge
6.
Children’s
Suggestion
Book
and Complaint Book.
Children's Committee
Person-in-
charge
7.
Counselling Register.
Counsellor
Person-in-
Sl.No.
Register and forms
To be maintained by
Custodian
(1)
(2)
(3)
(4)
charge
8.
Drug de-addiction programme
enrolment
and
progress
register.
Child Welfare Officer or
Case Worker
Person-in-
charge
9.
Handing
over
Charge
Register.
Shift In charge
Person-in-
charge
10.
House-keeping
and
Sanitation
Register.
House Parent
Person-in-
charge
11.
Inspection Book.
Person-in-charge
Person-in-
charge
12.
Legal Services Register.
Child Welfare Officer or
Case Worker
Person-in-
charge
13.
Library Register.
Teacher
Person-in-
charge
14.
Log Book.
Driver
Person-in-
charge
15.
Meals Register or Nutrition
Diet File.
House Parent
Shift
Incharge
16.
Medical File of each child.
Staff Nurse
Person-in-
charge
17.
Meeting Book.
Child Welfare Officer or
Case Worker
Person-in-
charge
18.
Minutes Register of Children’s
Committees.
Child Welfare Officer or
Case Worker
Person-in-
charge
19.
Minutes
Register
of
Management
Committee.
Person-in-charge
Person-in-
charge
20.
Order Book.
Person-in-charge
Person-in-
charge
21.
Personal Belongings Register. Child Welfare Officer or
Case Worker
Person-in-
charge
Sl.No.
Register and forms
To be maintained by
Custodian
(1)
(2)
(3)
(4)
22.
Production Register
Probation
Officer
or
Child Welfare Officer or
Case Worker
Person-in-
charge
23.
Staff Movement Register.
Incharge of Security
Person-in-
charge
24.
Stock Register.
Store
keeper
cum
accountant
Person-in-
charge
25.
Visitor’s Book
Security Guards
Main Gate's
Keeper
88. Openness and Transparency.-(1) All child care institutions shall be open to
visitors with the permission of the Board or the Committee or the Person-in-charge,
who may allow voluntary organisations, Social Workers, researchers, Doctors,
academicians, volunteers, and such other persons as the Management
Committee may permit or consider appropriate keeping in view the security, welfare
and the interest of the children:
(2) Provided that, any persons interested in documentation or research for
academic purposes shall seek permission from the District Child Protection Officer of
the concerned district or the Director or Member-Secretary of the Karnataka State
Integrated Child Protection Society, as the case may be.
(3) Where permission referred to in sub-rule (1) is given by the Person- in-charge
of a child care institution established or maintained by the government, he shall make
a monthly report of such permission including the orders received from the Board or
the Committee to the District Child Protection Unit and the State Child Protection
Society and also to the Board or the Committee, as the case may be.
(4) The Person-in-charge of the child care institution shall encourage active
involvement of the local community and corporates in improving the condition in the
institution or support the child.
(5) The Person-in-charge shall maintain a visitors’ book to record the remarks of
the visitors.
(6) The Person-in-charge shall take all steps to inform the visitors to maintain
the dignity of children.
89. Release of a child from a Child Care Institution.-(1) A well-
conceivedprogramme of pre-release and follow up of cases discharged from Children’s
Home, Special Homes and Place of safety shall be organised in all institutions as per
the directions of the Board or the Committee or the Children’s court. The individual
care plan prepared for the child shall be followed in the prerelease planning.
(2) The Person-in-charge of the child care institution shall maintain a roster of
the cases of children to be released on the expiry of the period of stay as ordered by
the Board or the Committee or the Children’s Court.
(3) The timely information of the release of a child and of the exact date of
release shall be given to the parent or guardian and the parent or guardian shall be
called along with necessary documents and identity proofs which proves his relation
with the child to the child care institution to take charge of the child on that date and
if necessary, the actual expenses of the parent’s or guardian’s journey both ways and
of the child’s journey from the child care institution shall be paid to the parent or
guardian by the Person-in- charge at the time of the release of the child.
(4) If the parent or guardian, as the case may be, fails to come and take charge
of the child on the appointed date, the child shall be taken by the escort of the
Child Care Institution or Special Juvenile Police Unit or Child line or fit person
or any other recognised voluntary or non-governmental Organization; and in case of a
girl, she shall be escorted by a female escort who shall hand over the custody to
her parent or guardian.
(5) At the time of release or discharge, a child may be provided with a set of
suitable clothing and essential toiletries.
(6) When the child attains the age of eighteen years, the child may be placed, if
eligible, in an aftercare programme, subject to the consent of the child and the
approval of the Board or the Committee or the Children’s Court.
(7) In case the date of release falls on a Sunday or a public holiday, the child
may be discharged on the preceding day with an entry to that effect being made in the
register of discharge.
(8) The Person-in-charge of the child care institution may in appropriate cases,
order the payment of subsistence money, at such rates as may be fixed from time to
time, by the State Government, and the railway and/or road fares, as the case may be.
(9) Where a child has no place to go after release and requests for stay in the
child care institution after the period of stay is over, the Person-in-charge may, subject
to the approval of the Board or the Committee or the Children’s Court, allow the child
to stay till the time, some other suitable arrangement is made.
(10) Where a child is released from the Child Care Institution upon attaining
eighteen years, and has no place to go, the child shall be provided with
accommodation in Aftercare Institutions, or other such government facilities, till the
time some other suitable arrangement is made for the child.
(11) In the event of a child leaving the child care institution without permission
or committing an offence within the institution, the information shall be sent by the
person in charge to the police and the family, if known; and the detailed report of
circumstances along with the efforts to trace the child if the child is missing, shall be
sent to the board or the committee or the children’s court, as the case may be.
(12) Whenever a child is being handed over to a guardian or parent, the person
taking custody of the child shall be guided and informed in writing about the
specific needs of the child and the individual care plan regarding the best interest
of the child and their responsibilities in Form 7 by the Committee or the Board or the
Children’s court.
90. Child suffering from disease requiring prolonged medical treatment in
an approved place and transfer of a child who is mentally ill or addicted to
alcohol or other drugs.- (1) The Board or the Committee or the Children’s Court may
send the child to a fit facility for such period as may be certified by a medical officer or
mental health expert or on the recommendation of the Person-in-charge or Probation
Officer or Child Welfare Officer or Case Worker, as necessary for proper treatment of
the child who is mentally ill or addicted to alcohol or drugs or any other substance
which lead to behavioral changes in a person for the remainder of the term for which
he has to stay.
(2) When the child is cured of the disease or physical or mental health
problems, the Board or the Committee or the Children’s Court may, order the child to
be placed back in the care from where the child was removed for treatment and if the
child no longer requires to be kept under further care, the Board or the Committee or
the Children’s Court may order him to be discharged.
(3) The State Government shall set up separate Integrated Rehabilitation
Centres for child addicts on the basis of appropriate age groups.
91. Transfer or repatriation of Child.-(1) During the inquiry, if it is found that
the child hails from a place outside the jurisdiction of the Board or the Committee, the
Board or the Committee shall order the transfer of the child and send a copy of the
order stating the reasons for and circumstances of such transfer to the State
Government and District Child Protection Unit.
(2) The District Child Protection Unit shall accordingly:-
(i)
send the information of transfer to the appropriate Board or the
Committee having jurisdiction over the area where the child is
ordered to be transferred by the Board or Committee; and
(ii)
send a copy of the information to the Person-in-charge of the
institution where the child is to be placed for care and protection at
the time of the transfer order.
(3) The child shall be escorted at Government expenses to the place or person as
specified in the order and a travelling allowance on a per day basis shall be paid as per
the norms prescribed by the State government which has transferred the child. In case
of intra-state transfer, the expenses incurred in transfer of the child shall be borne by
the child care institution from where the child is being transferred.
(4) On such transfer, case file and records of the child including the details
maintained on the designated portals developed by the State Government and Central
Government shall be sent along with the child. A copy of the file shall be maintained
in the child care institution and the Committee or Board from where the child is being
transferred.
(5) Where the child is a national of another country, except the countries with
which there is a special treaty on free movement of its citizens, on the production of
the child before the Board or the Committee, the Board or the Committee shall inform
the District Magistrate immediately who shall initiate the process for repatriation of
the child immediately through the appropriate Department of the State Government
and in consultation with theMinistry of Home Affairs and Ministry of External Affairs,
as the case may be. For the purpose of repatriation of a child to another country, the
Board or the Committee or the State Government may take assistance from such
recognised voluntary or non-government organisations which have the requisite
expertise to provide such assistance.
(6) The District Magistrate shall prepare a list of children to be repatriated and
furnish the same to the Monitoring Authority (National Commission for Protection of
Child Rights or State Commission for Protection of Child Rights, as the case may be)
as per the protocols.
(7) The District Magistrate shall follow up with the concerned Government or
Private Agencies for getting the child repatriated.
(8) The Monitoring Authority may seek a status report from the Central
Government or the State Government, as the case may be, about the children who are
to be repatriated, on a quarterly basis.
(9) During the period pending the finalization of the repatriation, the child shall
be kept in a Child Care Institution.
(10) The expenses for the repatriation of the child to another country shall be
borne by the State Government concerned.
(11) Upon the passing of a transfer order by the concerned authority, the actual
transfer of a child shall take place within a maximum period of fifteen days in case of
inter-district transfer, within one month where the transfer is inter-state, and within
three months where the transfer is inter-country.
(12) Where the child is being escorted by any police personnel, the police shall
be in plain clothes and not in uniform and police vehicles shall not be utilised, as far
as possible.
(13) During the inquiry, if it is found that the child hails from a place outside the
jurisdiction of the Board or the Committee, the Board or the Committee shall order
the transfer of the child using template in Form 45A and send a copy of the order
stating the reasons for and circumstances of such transfer to the District Child
Protection Unit and the State Government.
(14) On receiving the child, the Person in Charge of the Child Care Institution or
the District Child Protection Unit or the Committee or the Board in the receiving
district shall acknowledge the receipt of the child, the child’s belongings and
documents in Form 45B and send it to the Committee or Board from where the child
was transferred.
92. Restoration and Follow-up for children in conflict with law.– (1) The
Board or the Children’s Court may make an order in Form 44 for the release of the
child placed in a Child Care Institution after hearing the child and his parents or
guardian, and after satisfying itself as to the identity of the persons claiming to be the
parents or the guardian.
(2) While passing an order for restoration of the child, the Board or the
Children’s Court shall take into account the reports of the Probation Officer, or the
designated officer of the District Child Protection Unit or nongovernmental
organisation, including report of a home visit prepared on the direction of the Board or
the Children’s Court in appropriate cases, and any other relevant document or report
brought before the Board or the Children’s Court.
(3) When a child expresses his unwillingness to be restored back to the family,
the Board or the Children’s Court shall interact with the child to find out the reasons
for the same and record the same and the child shall not be coerced or persuaded to
go back to the family. Where the child refuses to go back to the family or the family
refuses to take back the child due to reasons of financial constraints, the Board shall
explore all possibilities of providing all Central and State sponsored schemes including
sponsorship under section 45 of the Act, Juvenile Justice Fund under section 105 of
the Act, Corporate Social Responsibility funds or any other scheme to strengthen the
family financially in the best interest of the child.
Explanation: For the purpose of this sub-rule, financial capability of the family
may be ascertained through any income documents such as bank statement of past
one year or Income Tax returns of the past three years or property registration of the
family or income certificate, BPL card, PDS card, MGNREGA card, whichever is
available. Where documentation is not available, the SIR can be used to ascertain the
financial capacity of the family. The District Magistrate may be directed to enable the
family to acquire the necessary documentation.
(4) The child would also not be restored back to the family where the parents or
guardians refuse to accept the child back and in all such cases, the Board or the
Children’s Court shall provide alternative means for rehabilitation.
(5) The child may not be restored back to the family where the social
investigation report prepared by the Probation officer or designated officer of the
District Child Protection Unit or the Child Welfare Officer or the nongovernmental
organisation establishes that restoration to family may not be in the interest of the
child.
(6) The order of restoration shall include an individual care plan in Form 7
prepared by the Probation Officer or the designated officer of the District Child
Protection Unit or the non-governmental organisation.
(7) The Board or the Children’s Court, while directing restoration of the child,
may pass order for an escort in Form 45, where necessary.
(8) Besides police, the Board may seek collaboration with the District Child
Protection Unit or non-governmental organisations to accompany the child back to the
family for restoration.
(9) In case of girls, the child shall necessarily be accompanied by female escorts.
(10) The copy of the restoration order along with a copy of the order for escort
shall be forwarded by the Board or the Children’s Court to the District Child
Protection Unit which shall provide funds for the restoration of the child, including
travel and other incidental expenses.
(11) A follow-up plan shall be prepared as part of the individual care plan by the
Child Welfare Officer or the Case Worker or the social worker or the non-governmental
organisation.
93. Restoration and Follow-up for children in need of care and protection.-
(1) The Committee may make an order in Form 44 for the release of the child placed in
a Child Care Institution after hearing the child and their parents or guardian, and
after satisfying itself as to the identity of the persons claiming to be the parents or the
guardian.
(2) While passing an order for restoration of the child, the Committee shall take
into account the reports of the social worker or Child Welfare Officer or Case Worker
or designated officer of the District Child Protection Unit or non-governmental
organisation, including report of a home visit prepared on the direction of the
Committee in appropriate cases, and any other relevant document or report brought
before the Committee.
(3) When a child expresses their unwillingness to be restored back to the family,
the Committee shall interact with the child to find out the reasons for the same and
record the same and the child shall not be coerced or persuaded to go back to the
family.
(4) Where the child refuses to go back to the family or the family refuses to take
back the child due to reasons of financial constraints, the District Magistrate shall
explore all possibilities of providing all Central and State sponsored schemes including
sponsorship under section 45 of the Act, Juvenile Justice Fund under section 105 of
the Act, Corporate Social Responsibility funds or any other scheme to strengthen the
family financially in the best interest of the child.
Explanation: For the purpose of this sub-rule, financial capability of the family
may be ascertained through any income documents such as bank statement of past
one year or Income Tax returns of the past three years or property registration of the
family or income certificate, BPL card, PDS card, MGNREGA card, whichever is
available. Where documentation is not available, the Social Investigation Report can be
used to ascertain the financial capacity of the family. The District Magistrate shall also
enable the family to acquire the necessary documentation.
(5) The child would also not be restored back to the family where the parents or
guardians refuse to accept the child back and in all such cases, the Committee may
provide alternative means for rehabilitation.
(6) The child may not be restored back to the family where the social
investigation report prepared by the Child Welfare Officer or the social worker or the
Case Worker or the non-governmental organisation or designated officer by the
District Child Protection Unit or management of Child Care Institution, as the case
may be, establishes that restoration to family may not be in the interest of the child.
(7) The District Child Protection Unit shall submit the report regarding
restoration plan for eligible children and its implementation and the District
Magistrate may facilitate restoration of children and intervene wherever required.
(8) The order of restoration shall include an individual care plan prepared by the
designated officer of the District Child Protection Unit or the non-governmental
organisation.
(9) The Committee, while directing restoration of the child, may pass an order for
an escort in Form 45, where necessary.
(10) Besides police, the Committee may seek collaboration with the District
Child Protection Unit or non-governmental organisations to accompany the child back
to the family for restoration. In case of girls, the child shall necessarily be
accompanied by female escorts.
(11) The copy of the restoration order along with a copy of the order for escort
shall be forwarded by the Committee to the District Child Protection Unit which shall
provide funds for the restoration of the child, including travel and other incidental
expenses.
(12) Where the child cannot be restored to parents or has not been declared
legally free for adoption, all efforts must be made to restore the child with their
guardian or relatives, if they are deemed to be fit by the Committee.
(13) The District Magistrate through the District Child Protection Unit shall
explore all possibilities to provide benefit under all Central and State sponsored
schemes including Sponsorship under section 45 of the Act and the Juvenile Justice
Fund under section 105 of the Act.
(14) A follow-up plan shall be prepared as part of the individual care plan by the
Child Welfare Officer or the Case Worker or the social worker or the non-governmental
organisation.
94. Juvenile Justice Fund.-(1) The State Government shall create a fund called
the Juvenile Justice Fund for the welfare and rehabilitation of the children dealt with
under the Act and these rules.
(2) The State Government shall make adequate budgetary allocation in non-
lapsable form towards the Fund.
(3) The Fund may receive donations, voluntary contributions, subscriptions or
funds under Corporate Social Responsibility, whether or not for any specific purpose,
and shall be directly credited to the Fund.
(4) The Fund may be utilised by the State Government for the following
purposes, namely:-
(i)
Establishment and administration of Child Care Institutions;
(ii)
Supporting innovative programmes for the welfare of the children in the
Child Care Institutions;
(iii)
Strengthening of legal assistance and support;
(iv)
Providing
entrepreneurial
support,
skill
development
training
or
vocational training;
(v)
Providing lump-sum subsistence support to children leaving Child Care
Institution on attaining the age of eighteen years;
(vi)
Providing aftercare facilities and entrepreneurship fund for providing
capital and infrastructure to persons who have crossed the age of eighteen
within institutionalized care, for starting up small businesses to support
reintegration into mainstream life;
(vii)
Providing support for foster care, sponsorship and aftercare;
(viii)
Rehabilitation of children in special circumstances including children
released from militant groups and adult groups;
(ix)
Meeting the expenses of travel for trial and restoration of children,
including the expenses of the escorts including police;
(x)
Creating child friendly police stations, Boards, courts and Committees;
(xi)
Capacity building for parents and caregivers to understand needs of
children;
(xii)
Awareness generation programmes on child rights and offences against
children;
(xiii)
Creating community-based child protection programmes to identify and
report offences against children;
(xiv)
Providing specialised professional services, Counsellors, translators,
interpreters, Special Educators, Social Workers, mental health workers,
vocational trainers etc. for the children covered under the Act;
(xv)
Providing recreational facilities and extra-curricular activities for the
children covered under the Act including those in Child Care Institutions;
(xvi)
Palliative care for children affected with cancer or any terminal or life-
threatening disease or life-saving medical treatment and stay facilities for
their parents;
(xvii)
Payment of compensation to children who have been wrongly incarcerated
in jails; and
(xviii)
Any other programme or activity to support the holistic growth,
development and well-being and best interests of children covered under
the Act and the rules.
(5) The Fund shall be maintained and administered by the Department of the
State Government dealing with the implementation of the Act through the Directorate
of Child Protection.
(6) The Directorate of Child Protection, with the approval of the State
Government shall adopt financial rules to govern the utilisation of the Fund.
(7) The District Magistrate may submit a proposal to the State for seeking funds
from the State Juvenile Justice Fund for implementing projects for children in the
District regarding any of the activities mentioned under this rule.
(8) The fund shall be audited by the State Audit and Accounts department and
the annual audit report shall be submitted to the State Government along with
compliance report.
95. State Child Protection Society.-(1) The State Child Protection Society shall
only comprise of the officials from the State Government and may be assisted by a
sub-committee which may comprise of experts from the child rights sector. The State
Child Protection Society shall perform the following functions namely:-
(i)
Overseeing the implementation of the Act and these rules in the State and
supervision and monitoring of agencies and institutions under the Act;
(ii)
Addressing road-blocks, issues, complaints received regarding care and
protection of children;
(iii)
Ensure that all institutions set up under the Act and these rules are in place
and performing their assigned duties;
(iv)
Reviewing reports received from various District Magistrates on the functioning
of institutions in various districts and take action to facilitate the protection of
children wherever necessary and monitoring the functioning of the District Child
Protection Units;
(v)
Develop programmes for foster care, sponsorship and after- care;
(vi)
Inquire into, seek reports and make recommendations in cases of death or
suicide in Child Care Institutions and under other institutional care;
(vii)
Ensure
inter-department
coordination
and
liaising
with
the
relevant
departments of the State and Central Governments and State Child
Protection Societies of other States or Union Territories;
(viii)
Networking and coordinating with civil society organizations working for the
effective implementation of the Act and these rules;
(ix)
Maintaining a state level database of all children in institutional care and family
based non-institutional care and updating it on a quarterly basis;
(x)
Maintaining a database of Child Care Institutions, Specialized Adoption
Agencies, open shelters, fit persons and fit facilities, registered foster parents,
sponsors, aftercare organizations and other institutions at the State level;
(xi)
Maintaining a database of medical and counseling centres, de- addiction
centres, hospitals, open schools, education facilities, apprenticeship and
vocational training programmes and centres, recreational facilities such as
performing arts, fine arts and facilities for children with special needs and other
such facilities at the State level;
(xii)
Monitoring and administering the Fund set up by the State Government
including disbursal of funds to the District Child Protection Units, Special
Juvenile Police Units and police stations, as the case may be;
(xiii)
Maintaining separate accounts for all funds received by the State Child
Protection Society such as the Juvenile Justice Fund, funds under Schemes of
Central and State Government and getting the same audited;
(xiv)
Generate awareness among public on various aspects of the Act and the rules
made there under specifically the existing institutional framework, rehabilitation
measures, penalties, procedures for better protection of children;
(xv)
Organise and conduct programmes for the implementation of the Act
including training and capacity building of stakeholders;
(xvi)
Commission research programmes on child protection;
(xvii)
Co-ordinate with State Legal Services Authority and law schools; and
(xviii)
Any other function for the effective implementation of the Act and these rules.
(2) The Member- Secretary of the State Child Protection Society shall be the
Nodal Officer in the State for the implementation of the Act and these rules.
96. State Adoption Resource Agency.-(1) The State Government shall set up a
State Adoption Resource Agency for dealing with adoptions and related matters in the
State under the guidance of the Authority, as per the provisions of section 67 of the
Act and the Adoption Regulations.
(2) The Governing Body of the State Adoption Resource Agency shall be headed
by the Principal Secretary or the Secretary of the Department of Women and Child of
the Government of Karnataka.
(3) The Director of the Directorate of Child Protection under the Government of
Karnataka shall be the Member Secretary and Chief Executive Officer of the State
Adoption Resource Agency.
(4) The functions of the State Adoption Resource Agency shall be as specified in
the Adoption Regulations.
97. The District Magistrate.- The District Magistrate shall function as the
head of child protection services in the district and shall perform the following
functions, namely:-
(i)
ensure inter-departmental coordination and liaise with the relevant
departments of the State Government, State Child Protection Society of
the State and other District Magistrates in the State for all child
protection related services;
(ii)
in matters of pendency of cases, call for any information from all the
stakeholders including the Board and the Committee as and when
required and in the best interest;
(iii)
act as a grievance redressal authority to entertain any grievance arising
out of the functioning of the Committee;
(iv)
ensure that a suggestion-cum-grievance box is kept in the office of the
Committee and the box is checked once a month either in person or by a
nominee of the District Magistrate;
(v)
provide specific recommendations to the State Government in the case of
new registration of child care institutions, new registrations of group
foster care facilities and renewal or cancellation of registration of existing
child care institutions and group foster care facilities;
(vi)
ensure that annual inspections are conducted for all child care
institutions and group foster care facilities registered under the Act;
(vii)
draw up a district plan for sponsorship and generate resources from
public and private contributions;
(viii)
facilitate aftercare services and programs for children leaving Child Care
institutions;
(ix)
Conduct quarterly reviews of all the child protection services in the
district including child care institutions, sponsorship, foster care,
adoption and aftercare;
(x)
Ensure action is taken on the reports of the Inspection Committees;
(xi)
Conduct quarterly meetings to review the functioning of the Committee;
(xii)
Conduct performance appraisal of the Chairperson and members of
the Committee;
(xiii)
Issue adoption orders for both in-country and inter-country adoptions for
children from the district placed in adoption under the Act; and
(xiv)
Strengthen preventive mechanisms for child protection by
constituting the Child Protection Committees at Block, Gram
Panchayat and Ward level within the district and supporting
their functioning.
(2) The District Magistrate shall be the Nodal Officer in the district for the
implementation of the Act and the rules, and may designate any Additional District
Magistrate of the District to discharge the duties under the Act.
(3) The District Magistrate shall hold quarterly review meetings with relevant
stakeholders including the Police Department, the Education Department, the Health
Department, the District Legal Services Authority, to discuss issues related to children
in the district.
98. District Child Protection Unit.-(1)The District Child Protection Unit shall
perform following functions, namely:-
(i)
maintain report of quarterly information sent by the Board about
children in conflict with law produced before the Board and the
quarterly report sent by the Committee;
(ii)
arrange for individual or group counseling and community service
for children;
(iii)
conduct follow up of the individual care plan prepared on the
direction of the Children’s Court for children in the age group of
sixteen to eighteen years found to be in conflict with law for
committing heinous offence;
(iv)
conduct review of the child placed in the place of safety every year
and forward the report to the Children’s Court;
(v)
maintain a list of persons who can be engaged as monitoring
authorities and send the list of such persons to the Children’s Court
along with bi-annual updates;
(vi)
maintain record of runaway children from Child Care Institutions;
(vii)
identify families at risk and children in need of care and protection;
(viii)
assess the number of children in difficult circumstances and create
district-specific databases to monitor trends and patterns of
children in difficult circumstances;
(ix)
periodic and regular mapping of all child related services at district
for creating a resource directory and making the information
available to the Committees and Boards from time to time;
(x)
facilitate the implementation of non-institutional programmes
including sponsorship, foster care and aftercare as per the orders of
the Board or the Committee or the Children’s Court;
(xi)
facilitate transfer of children at all levels for their restoration to their
families or placing the child in long or short term rehabilitation
through, adoption, foster care, sponsorship, or institutionalization,
including provision of necessary funds to the persons escorting the
child for restoration as per the norms prescribed by the State
Government;
(xii)
facilitate inter-departmental coordination and liaise with the
relevant departments of the State Government and State Child
Protection Society of the State and other District Child Protection
Units in the State;
(xiii)
network and coordinate with civil society organizations working
under the Act;
(xiv)
inquire into, seek reports and take action in cases of death or
suicide in child care institutions and under other institutional care
and submit the reports to the State Child Protection Society;
(xv)
look into the complaints and suggestions of the children as
contained in the children’s suggestion box and take appropriate
action;
(xvi)
be represented on the Management Committees within the Child
Care Institutions;
(xvii)
maintain a district level database of missing children in institutional
care and uploading the same on designated portal and of children
availing the facility of Open Shelter and of children placed in foster
care;
(xviii)
maintain a database of child care institutions, specialized adoption
agencies, open shelter, fit persons and fit facilities, registered foster
parents, aftercare organizations and institutions etc. at the district
level and forward the same to the Boards, the Committees, the
Children’s Courts and the State Child Protection Society, as the
case may be;
(xix)
maintain a database of medical and counseling centres, de-
addiction centres, hospitals, open schools, education facilities,
apprenticeship and vocational training programmes and centres,
recreational facilities such as performing arts, fine arts and facilities
for children with special needs and other such facilities at the
district level and forward the same to the Boards, the Committees,
the Children’s Courts and the State Child Protection Society;
(xx)
maintain a database of Lawyers, para-legal volunteers, Support
Persons, special educators, mental health experts, translators,
interpreters, Counselors, Psychologists or Psycho-social workers or
other experts who have experience of working with children in
difficult circumstances at the district level and forward the same to
the Boards and the Committees and the Children’s Court and the
State Child Protection Society;
(xxi)
generate awareness and organise and conduct programmes for
the implementation of the Act including training and capacity
building of stakeholders under the Act;
(xxii)
organise quarterly meeting with all stakeholders at district level to
review the progress and implementation of the Act;
(xxiii)
submit a monthly report to the State Child Protection Society and
the District Magistrate;
(xxiv)
notify the State Government about a vacancy in the Board or the
Committee six months before such vacancy arises and within fifteen
days when such vacancy arises due to resignation, death, or illness;
(xxv)
review reports submitted by Inspection Committees and resolve the
issues raised through coordination among the stakeholders;
(xxvi)
provide secretarial staff to the Committees and the Boards;
(xxvii)
all other functions necessary for effective implementation of the Act
including liaising with community and corporates for improving the
functioning of Child Care Institutions;
(xxviii)
prepare a district child protection plan every year and submit it to
the State Child Protection Society;
(xxix)
coordinate with child line service in the district;
(xxx)
ensure that rights of the child are displayed in schools, hospitals,
government buildings and other such places which are frequented
by children;
(xxxi)
strengthen the preventive mechanism for child protection by
constituting the Child Protection Committees at Block, Gram
Panchayat and Ward level within the district and supporting their
functioning;
(xxxii)
facilitate the linkage of all Child Care Institutions for children in
need of care and protection with Specialised Adoption Agencies in
the same or other districts in order to enable adoptions;
(xxxiii)
discharge all other functions specified for the District Child
Protection Unit in the Adoption Regulations; and
(xxxiv)
engage Social Workers for preparing social investigation report or
individual care plan of the child, child study report, tracing of
family, and performing any other functions.
(2) The District Child Protection Officer shall assist and support the District
Magistrate in the implementation of the Act and these rules.
99. Special Juvenile Police Unit.-(1) The Special Juvenile Police Unit in each
district and city shall be constituted by the State Government to co- ordinate all
functions of police related to children and an officer not below the rank of Deputy
Superintendent of Police shall be the Head of the Unit and designated as the Senior
Child Welfare Police Officer. The Unit shall comprise a Deputy Superintendent of
Police who shall be the Head of the Unit who shall be designated as the Senior Child
Welfare Police Officer, one Inspector, two Sub-Inspectors of Police of whom one shall
be a female and necessary police constables designated as Child Welfare Police
Officers. One police personnel with knowledge of computers shall be deputed to the
Unit and designated as Assistant to the Senior Child Welfare Police Officer and two
Social Workers, one of whom shall be a woman. The officers deputed shall have
adequate training and orientation to tackle the issues relating to children in conflict
with law and to protect the vulnerable children.
(2) At every police station three personnel, one Police Sub-Inspector and two
other police officers one of whom shall compulsorily be a woman shall be designated
as Child Welfare Police Officers. All child related cases at the police station shall
be handled by the officers designated as Child Welfare Police Officers. All interaction
with the child at the police station shall only be by the Child Welfare Police Officers or
Social Workers of the Special Juvenile Police Unit.
(3) The Special Juvenile Police Unit shall have a separate building or room with
a separate entrance. It shall not look like a jail and shall not have lockups. Such a
room shall be bright and attractive to the children and shall be well lit and airy.
Adequate security shall be ensured so that no unwanted person can enter such room
and disturb the child. The room shall have a well monitored CCTV camera.
(4) The provision for physical infrastructure in the Special Juvenile Police Unit
may be as under,-
(i)
Office of the Special Juvenile Police Unit – 1
(ii)
Meeting/Conference Room - 1
(iii)
Child friendly corner with recreational facility and Conveniences -1
(iv)
Free Legal Services Centre -1
(v)
Counselling and Guidance Unit -1
(vi)
Waiting Hall for the children and their parents/ Guardians -1
(5) The State Government may make provision for the following logistical and
Information Technology requirements in the Special Juvenile Police Unit, namely:-
(i)
Computer set including UPS and printers.
(ii)
Photocopier with scanner.
(iii)
Telephone with Internet Broadband connection.
(iv)
Fax machine.
(v)
Furniture i.e. Chairs, tables, file cabinets, etc. as per requirement.
(6) Every Special Juvenile Police Unit shall be provided with two qualified Social
Workers with graduation in Community Social Work or Psychiatric Social Work or
having experience of at least five years in working with or on matters relating to
children who shall constitute as the Juvenile Assessment team and assist the
Special Juvenile Police Unit in the assessment and screening of children, and in
interviewing children for gathering information under supervision of the officer
responsible for recording the statement. They shall,-
(i)
ensure that cases relating to children are handled by the officers
designated as Child Welfare Police Officers;
(ii)
assist Child Welfare Police Officers at the police station in handling
cases relating to children as per the Act and either go to the
police station or ask for the child or children to be brought to the
Special Juvenile Police Unit;
(iii)
follow up cases diverted at the police station or Special Juvenile
Police Unit and submit report to Senior Child Welfare Police Officer;
(iv)
assist and ensure that relevant documents are duly filled and
submitted when children are produced before the Committee or
Board;
(v)
follow up on cases before the Committee or Board and ensure that
police procedures are completed and documents submitted within
the stipulated time;
(vi)
visit police stations and check the register for cases relating to
children maintained at the police station;
(vii)
ensure that a master register is maintained at the Special Juvenile
Police Unit on cases relating to children handled everyday at each of
the police stations in the district or zone;
(viii)
consolidate report of cases relating to children handled at the zone
or district and submit the report to the senior Child Welfare
Officer of the Special Juvenile Police Unit;
(ix)
facilitate monthly review of the Special Juvenile Police Unit with
the senior Child Welfare Police Officer, and Child Welfare Police
Officers and the Committee, or Board, and the District Child
Protection Unit;
(x)
undertake mapping of cases relating to children to identify
vulnerable areas and issues. Such analysis shall be presented
at the monthly review meetings;
(xi)
assist Child Welfare Police Officers at the police station in
organizing
community
outreach
programs
–
‘SamudhayaSamparkaSabha’
and
‘Therada
Mane’
on
child
protection issues in their respective jurisdiction;
(xii)
keep track of transfers, retirement of Child Welfare Officers and
bring it to the notice of the senior Child Welfare Police Officer;
(xiii)
organise refresher programs for officers designated as Child Welfare
Police Officers;
(xiv)
report to the senior Child Welfare Police Officer on a daily basis on
work to be done and work completed; and
(xv)
the non-governmental organisation supporting the Social Worker
shall make alternate arrangements when staff attached to the
Special Juvenile Police Unit are on leave or involved in other work.
(7) Every Special Juvenile Police Units shall also be provided with,-
(i)
counselor - at least two per unit;
(ii)
para Legal Volunteers or Legal Services Counsel - at least two per
unit;
(iii)
data Entry Operator - at least one per unit;
(iv)
field Assistant - at least 3 per unit; and
(v)
multi-tasking staff - at least 2 per unit.
(8) The Home Department shall create the positions and appoint the personnel
required.
(9) The Special Juvenile Police Unit shall meet on a quarterly basis and report of
such meetings shall be forwarded to the Nodal Officer and copy shall be sent to the
concerned District Child Protection Unit, Crime Investigation Department and State
Child Protection Society. The Nodal Officer shall hold quarterly review of the Special
Juvenile Police Unit and shall issue necessary directions for their effective functioning.
(10) The Central Government shall constitute a Special Juvenile Police Unit for
the Railway Protection Force or Government Railway Police at every railway station as
per requirement and where a Special Juvenile Police Unit cannot be set up, at least
one Railway Protection Force or Government Railway Police Officer, not below the rank
of Assistant Sub-Inspector shall be designated as the Child Welfare Police Officer.
(11) The Child Welfare Police Officers and other police officers of the Special
Juvenile Police Unit shall be given appropriate training and orientation to deal
with matters concerning children. Police officers not exceeding forty-five years of age
and with aptitude and sensitivity shall be designated as Child Welfare Police Officer.
(12) The transfer and posting of the designated Child Welfare Police Officers may
be within the Special Juvenile Police Units of other police stations or the district unit.
The Officer heading the Special Juvenile Police Unit shall not be transferred before
three years except in case of promotion. If Child Welfare Police Officers and other
police officers of Special Juvenile Police Unit are transferred outside the district, they
shall be placed with the Special Juvenile Police Unit as far as possible.
(13) The police officer interacting with children shall be as far as possible in
plain clothes and not in uniform and for dealing with girl child, woman police
personnel shall be engaged:
Provided that, an officer recording the statement of a child under sub- section
(1) of section 24 of the Protection of Children from Sexual Offences Act, 2012
(Central Act 32 of 2012) shall not be in uniform.
(14) The Special Juvenile Police Unit shall work in close coordination with the
District Child Protection Unit, the Board and the Committee in the matters concerning
the welfare of children within its jurisdiction.
(15) The Special Juvenile Police Unit may coordinate with the District Legal
Services Authority to provide legal aid to children.
(16) Every police station shall as and when required seek the assistance of the
Para Legal Volunteers or Legal Service Counsel at the Special Juvenile Police Unit
when handling cases relating to children.
(17) The Special Juvenile Police Unit shall take cognizance of adult perpetrators
of crimes against children and ensure that they are, without delay, apprehended
under the appropriate provisions of the law and for this purpose the district level
units shall maintain liaison with other units of police stations.
(18) A Nodal Officer from police not below the rank of Inspector General of
Police shall be designated to coordinate, review and upgrade the role of police on all
issues pertaining to care and protection of children under the Act and the rules.
(19) The officers of the Special Juvenile Police Unit shall be responsible for
making all the police stations child friendly.
(20) The Child Welfare Police Officers shall be paid advance by the Home
Department in case of conducting rescue operation or for repatriation of the child to
the family:
Provision for each station to meet the child’s immediate expense shall also be
provided by the Home Department.
(21) The Special Juvenile Police Unit shall seek assistance from voluntary or
non- governmental organizations identified by the State Government for the purpose of
assisting Special Juvenile Police Unit and local police stations at the time of
apprehension, in preparation of necessary reports, for taking charge of children
until production and at the time of production before the Board as per sub-rule (8) of
rule 8. The police shall work out a mechanism to enlist volunteers from non-
governmental organisations and students from academic institutions on field projects
to function as Social Workers in helping a child in the Special Juvenile Police
Unit. They shall provide a supportive network in every police station to help the child
welfare officer to handle a child in conflict with law or a child in need of care and
protection including a victim child, and such other issues relating to missing children.
(22) The Special Juvenile Police Unit shall undertake programmes for awareness
in the community and schools about child care, protection, abuse, neglect, addiction,
vulnerability, high risk behaviour, etc., with the aim to encourage reporting of such
incidents and prevention.
(23) The Special Juvenile Police Unit at the district level shall coordinate and
function as a watchdog for providing legal protection against all kinds of cruelty,
abuse and exploitation of the child.
100. Selection Committee and its composition.- (1) The State Government
shall constitute a Selection Committee for a period of three years by notification in
the Official Gazette consisting of the following members, namely:-
(i)
a retired judge of High Court as the Chairperson to be appointed in
consultation with the Chief Justice of the High Court of Karnataka;
(ii)
one representative from the Department implementing the Act not
below the rank of Director as the ex-officio Member Secretary, or their
nominee not below the rank of joint Director;
(iii)
two representatives from two different reputed non- governmental
organisations respectively working in the area of child rights or child
protection for a minimum period of seven years but not running or
managing any children’s institution;
(iv)
two representatives from academic bodies or universities preferably from
the faculty of social work, psychology, sociology, child development,
health, education, law and with special knowledge or experience of
working on children’s issues for a minimum period of seven years; and
(v)
a representative of the State Commission for Protection of Child Rights;
Provided that, the members of the Committee represent plurality in terms of
gender, and the members are able to give the due time and attention to the work of the
Committee.
(2) The Committee shall continue for a maximum period of three months after
the completion of its tenure by which time a new Committee shall be constituted.
(3) If a vacancy arises in the Selection Committee, the Member Secretary shall
intimate the Secretary of the Department of Women and Child development and
Disabled and Senior Citizens Empowerment implementing the Act who shall take
steps to fill the vacancy for the remaining period at the earliest, and not later than two
months of the vacancy arising.
(4) The quorum for the meeting of the Selection Committee shall be not less than
four Members, including the Chairperson and the Member Secretary:
Provided that, the same members should be present for the Selection Committee
proceedings throughout the process of selecting members from one District.
(5) The Member Secretary of the Selection Committee shall convene the meetings
of the Selection Committee at such times as may be necessary for facilitating and
carrying out the functions of the Selection Committee.
The Member Secretary shall maintain the minutes of the selection process and
all other meetings of the Selection Committee.
(6) The Chairperson and non-official members of the Selection Committee shall
be paid such sitting fees and travel allowances as may be fixed by the State
Government from time to time.
(7) All communications relating to the working and discharge of the functions of
the Selection Committee shall be addressed to the Office of the Member Secretary, who
shall place the same before the Selection Committee.
(8) All records relating to selection shall be placed on the website of the
Department of Women and Child development and Disabled and Senior Citizens
Empowerment.
101. Selection of Chairperson and Members of the Committee or Board.- (1)
The Member Secretary of the Selection Committee shall initiate the process of
filling up a vacancy six months prior to the incumbent demitting office:
Provided that, if a vacancy arises on account of resignation or death of the
Chairperson of the Committee or a Member of the Board or Committee the Member
Secretary of the Selection Committee shall immediately initiate the process for filling
up such vacancy.
(2) For selection of members of the Board or Chairperson and members of the
Committee, the State Government through the Member Secretary of the Selection
Committee shall call for applications through public advertisement in the local
newspaper in the vernacular language and in English, and in the national
newspapers in English and on the official website of the Department of Women and
Child development and Disabled and Senior Citizens Empowerment implementing
the Act.
(3) The Member Secretary shall screen all the applications received and place the
applications which fulfill the basic eligibility requirements before the Selection
Committee. The screening shall be done according to the qualification criteria laid
down for the Social Worker members, with preference given to those applications
which demonstrate a higher level of direct experience with children, with the ten best
applications being forwarded to the Selection Committee.
(4) The Selection Committee shall evaluate the candidates on the basis of
qualifications, experience of working with children and personal interaction with the
candidate, a written test and the performance appraisal submitted by the State
Government if the candidate has already served as a member of the Board or the
Committee in the past.
(5) A member selected by the Selection Committee shall not.-
(i)
be holding such full-time occupation that may not allow the person to
give necessary time and attention to the work of the Board or the
Committee as per the Act and these rules;
(ii)
be associated with any Child Care Institution, directly or indirectly, during
their tenure as a member of the Board or Committee or have any other
conflict of interest;
(iii)
hold any office in any political party during their tenure,
(iv)
be insolvent, or
(v)
be in a consanguineous or conjugal relationship with any other member
on the Board or the Committee, as the case may be.
(6) Where the Selection Committee is required to consider an application for
renewal of tenure of Social Worker members of the Board or the members of
Committee as the case may be, it shall evaluate the application on the basis of the
following criteria, namely:-
(i)
Regular performance appraisals of the member carried out by the
District Judge or District Magistrate quarterly as per a specified
format by the state child protection society, and a report of these
appraisals shall be made available to the Chairperson and Members
of the Selection Committee by the Member Secretary;
(ii)
Complaints if any, received and addressed by the Selection
Committee against the person seeking an extension of tenure and
objections received against persons seeking to be appointed for the
first time in advance of the interview, by listing the names and
details of all candidates who have been found eligible for
interview on the official website of the department responsible for
implementing the Act at least one week prior to the date of
interview by the Selection Committee; and
(iii)
Interaction with such applicant.
(7) The Selection Committee shall, on the basis of the evaluation procedure and
criteria, select and recommend a panel of names in order of merit to the State
Government for appointment as Members of the Board or Chairperson or Members of
the Committee as the case may be.
(8) In recommending a panel of names, the Selection Committee shall prepare
separate panels for the position of Chairperson of the Committee, Members of the
Committee and Members of the Board respectively.
(9) The Selection Committee shall prepare a three member panel for each
position, which shall be valid for a period of three years..
(10) The list of finalized names shall be duly signed by all members of the
Selection Committee present at the time of selection and the Member Secretary of the
Selection Committee shall forward the finalized list to the State Government for
appointment. The State Government shall constitute one or more Boards or
Committees, as the case may be, in each district through notification in the Official
Gazette within a period of two months of receipt of recommendations of the
Selection Committee.
(11) Names on the panel shall be valid for consideration for a period of one year
which may be extended by six months where a new panel has not yet been
constituted, in order to fill in vacancies which may arise during such period either due
to non-reporting of the selected persons within a stipulated time from the date of
appointment, or otherwise during the tenure of the Board or Committee. Records of
rejected applications shall be kept for a period of six months after the notification of
appointments and shall be destroyed thereafter.
(12) If a vacancy in the Board or Committee arises, the District Child Protection
Unit shall inform the State Government for filling up such vacancy.
(13) The State Government shall fill the vacancies on the basis of the panel of
names recommended by the Selection Committee within a period of three months from
receiving such information from the District Child Protection Unit.
(14) If it is brought to the knowledge of the Selection Committee that any
member, of the Board or Committee, so appointed, has misrepresented their
educational qualification and or experience at the time of selection, the Government
shall, after due enquiry conducted by the Selection Committee and on
establishment of such fact, declare the appointment of such member null and void
and
will
proceed
to
prosecute
such
member
under
appropriate
law
for
misrepresentation and shall recover the honorarium paid, if any, from such member.
102. Training of Personnel dealing with Children.-(1) The State Government
or the District Administration shall provide training to personnel appointed under the
Act and these rules and each category of staff, keeping in view their statutory
responsibilities and specific jobs requirements.
(2) The training programme shall include:
(i)
introduction of the Act and the rules made there under and other
relevant laws;
(ii)
orientation on child welfare, holistic child development, care,
protection and child rights;
(iii)
induction training of the newly recruited personnel;
(iv)
refresher training courses and skill enhancement programmes,
documentation and sharing of good practices; and
(v)
conferences, seminars and workshops.
(3) The following categories of personnel shall have to undergo training for
minimum period of fifteen days, namely:-
Sl. No.
Personnel
1.
Staff of Children’s Court and Principal Magistrates of Juvenile
Justice Boards
2.
Members of Juvenile Justice Boards
3.
Chairpersons and Members of Child Welfare Committees
4.
Child Welfare Police Officers and other police officers of Special
Juvenile Police Units
5.
Programme Managers and Programme Officers of State
Child
Protection Societies and State Adoption Resource Agency
6.
Staff of State Adoption Resource Agency
7.
Legal-cum-Probation Officers under District Child Protection Units
and Probation Officers in Child Care Institutions
8.
Staff of District Child Protection Units and State Child Protection
Society
9.
Persons-in-charge of Child Care Institutions (including Open
Shelters)
(4) The State Government shall also provide training to other personnel such as
District Magistrates, Social Workers, Child Welfare Officers, Case Workers,
rehabilitation cum placement Officers, care givers, house fathers and house mothers
of Child Care Institutions, security personnel and other staff of Child Care
Institutions, Frontline Workers, bridge course educators, outreach workers and
community volunteers, Social Workers of Specialised Adoption Agencies, Directors or
In charge of Specialised Adoption Agencies, Chairperson and members of the State
Commission on Protection of Child Rights, chief functionaries of organisations granted
registration for running Child Care Institutions under the Act, mental health
practitioners,
Psychologists,
Psychiatrists,
Psychiatric
Social
Workers,
public
prosecutors, legal services lawyers, members of Committees or societies constituted
under the Act and the rules there under.
(5) The State Government, while organizing training programmes for the
stakeholders at State or District level, shall ensure that training modules and training
manuals to be developed by State Child Protection Society are in consultation with
National Institute of Public Cooperation and Child Development or Institutions having
requisite expertise in order to maintain uniformity in the training process throughout
the country.
(6) The Judicial Academy in the State may develop training modules and training
manuals for the training of Principal Magistrates including on child psychology, use of
child friendly procedures and ensuring child friendly environment, care, protection
and rehabilitation of children and organise such training programmes at the State
level.
(7) The Police Academy in the State may develop training modules and training
manuals in consultation with National Police Academy for the training of police and
Child Welfare Police Officers including on child psychology, use of child friendly
procedures
and
ensuring
child
friendly
environment,
care,
protection
and
rehabilitation of children and organise such training programmes at the State level.
(8) The Department of Prosecutions in the State may develop a training module
and training manual for the training of prosecutors on offences against children,
procedures under the Act, child psychology, use of child friendly procedures for child
victims, and children in conflict with law, ensuring child friendly environment, and
organise such training programmes at the State level.
(9) The State Legal Services Authority shall organise training programmes for
legal service lawyers and para legal volunteers.
(10) The State Child Protection Society in consultation with institutions with
requisite expertise shall organise training programmes for Probation Officers, for
Person-in-charge, Child Welfare Officers, Case Workers, Probation Officers and
functionaries of the District Child Protection Unit, Child Care Institutions and Special
Juvenile Police Unit.
(11) The State Child Protection Society, in consultation with the State
Administrative Training Institute, shall develop training modules for training of
District Magistrates on their roles as per this Act and other related laws for children
applicable in the State, including on performance appraisal and grievance redressal.
(12) The Central Adoption Resource Authority and the State Adoption Resource
Agency may develop appropriate training modules and manuals for Specialised
Adoption Agencies and staff of State Adoption Resource Agency and organise training
programmes.
103. Preventive mechanisms of Child Protection.-
(1) The
State
Government and the State Child Protection Society shall, in the best interest of the
child, develop and integrate age-specific curriculum for schools and colleges on child
rights education, gender sensitivity, gender identity, sexuality education and
empowerment, restorative approaches, and crimes against children, teaching and
empowering both children, teachers, and staff on various aspects of protection against
drug abuse, trafficking, child sexual abuse and exploitation, positive disciplining,
gender based violence and other aspects of violence against children.
(2) The State Government, the Juvenile Justice Board, the Child Welfare
Committee and other competent authorities shall, in the best interest of children,
ensure that every person, child care institution, school or such other educational
institutions abide by any policy or guidelines relevant to children issued from time to
time by the State Government.
(3) The prevention of the commission of the offences against children shall be
achieved by the State Child Protection Society and District Child Protection Unit
through, education and empowerment of children, communities, law enforcement
agencies and other relevant stakeholders.
(4) The District Child Protection Unit as per the guidelines framed by the State
Child Protection Society shall take steps for awareness generation, identification and
reporting of crimes against children.
(5) The District Child Protection Unit shall create specific programmes for
awareness generation on substance abuse and drug addiction in schools and shall
also develop safety mechanisms for prevention, reporting and rehabilitation of the
child.
(6) The District Child Protection Unit shall develop programmes for sensitization
of Panchayati Raj Institutions and Municipal Corporations on crimes against children
including identification and reporting of crimes for enhanced protection.
(7) A model child-friendly panchayat, municipality and ward level mechanism
inclusive of children’s participation to ensure prevention and protection of children
from violence and crimes shall be developed by the State Government.
(8) The Directorate of Child Protection shall frame a Model Child Protection
Policy for Residential Care which shall be applicable to all institutions providing
residential care to children, including child care institutions, residential schools,
hostels attached to a school, hostels not attached to any school, ashramas, madrasas,
etc., whether managed by government, voluntary or non-governmental organisations
or corporates, in consultation with all stakeholders and shall ensure that all Child
Care Institutions registered under the Act formulate a Child Protection Policy based on
the Model Policy.
104. Pending Cases.-(1) No child shall be denied the benefits of the Act and
these rules.
(2) The benefits referred to in sub-rule (1) shall be made available to all persons
who were children at the time of the commission of the offence, even if they ceased to
be children during the pendency of the inquiry or trial.
(3) While computing the period of detention or stay or sentence of a child in
conflict with law, all such period which the child had already spent in custody,
detention, stay or sentence of imprisonment shall be counted as a part of the
period of stay or detention or sentence of imprisonment contained in the final order of
the court or the Board.
105. Monitoring by Karnataka State Commission for Protection of Child
Rights.- (1) In addition to the functions specified under the Commissions for
Protection Child Rights Act, 2005 (Central Act 4 of 2006), the Karnataka State
Commission for Protection of Child Rights shall perform following functions in
consultation with the State Government, namely:-
Set up a Juvenile Justice Monitoring Division with required human resources
within six months from these rules coming into force. Such Juvenile Justice
Monitoring Division shall perform following functions namely:-
(i)
Review setting up and functioning of institutions created under the
Act;
(ii)
Visit the Child Care Institutions including the Specialised Adoption
Agencies and maintain a record of such visits conducted by the
authorities.
(iii)
Develop
Information,
Education
and
Communication(IEC)
material on child rights and gender sensitivity;
(iv)
Develop protocols for reformation and rehabilitation of children;
(v)
Create awareness about identification and reporting of crimes
against children such as drug abuse, trafficking, child sexual abuse
and exploitation including child marriage, and other aspects of
violence against children;
(vi)
Conduct sensitization workshops for panchayat raj institutionsand
municipal corporations on crimes against children including
identification and reporting of crimes for enhanced protection;
(vii)
Develop information material detailing the rights of the child victims
or witnesses and their families, and containing useful information
in local languages, which may be provided to the victimand his
family; and
(viii) Develop training modules for stakeholders along with the
State Child Protection Societies and National Institute of Public
Cooperation and Child Development etc.
(2) The Commission may enlist non-governmental organisations from each
district working on child protection or child rights to provide inputs on a quarterly
basis to the Commission on problems being faced in implementation of the Act in
the district concerned.
(3) The State Commission shall issue recommendations for improving
implementation of the Act to the State Government on a yearly basis.
(4) The State Government shall act on the recommendations made by the
State Commission on the implementation of the Act and shall file an action taken
report within three months from receipt of such recommendation from the State
Commission.
(5) In case of inaction on the recommendations made by the State Commission,
it shall take further action in the manner prescribed in the Commissions for Protection
of Child Rights Act, 2005 (Central Act 4 of 2006), and Rules made there under and for
this purpose may engage a lawyer or a team of lawyers on a case to case basis or on a
permanent basis, as may be required.
(6) For carrying out the monitoring function efficiently, the State Commission
may send requisition to the State Government for making required financial or
budgetary allocations.
106. Inquiry in case of a Missing Child.-(1) A missing child is a child, whose
whereabouts are not known to the parents, legal guardian or any other person or
institution legally entrusted with the custody of the child, whatever may be the
circumstances or causes of disappearance, and shall be considered missing and in
need of care and protection until located or their safety and well-being is established.
(2) When a complaint is received about a child who is missing, the police shall
register a First Information Report forthwith.
(3) The police shall inform the Child Welfare Police Officer and forward the FIR to
the Special Juvenile Police Unit for immediate action for tracing the child.
(4) The police shall;-
(i)
collect a recent photograph of the missing child and make copies for
District Missing Persons Unit, Missing Persons Squad, National
Crime Records Bureau or Media etc.;
(ii)
fill the form on the designated portal;
(iii)
fill the specific designed 'Missing Persons Information Form' and
immediately send to Missing Persons Squad, District Missing
Persons Unit, National Crime Record Bureau, State Crime Records
Bureau, Central Bureau of Investigation, and other related
institutions;
(iv)
send a copy of the First Information Report by post or email to the
office of the nearest Legal Services Authority along with addresses
and contact phone numbers of parents or guardian of the missing
child or the Child Care Institution, after uploading the relevant
information onto the designated portal;
(v)
prepare sufficient number of Hue and Cry notices containing
photograph and physical description of the missing child to besent
for publication;
(vi)
give wide publicity by publishing or telecasting the photographs and
the description of the missing child, as feasible in,-
(a)
leading newspapers;
(b)
television or electronic media;
(c)
local cable television network; and
(d)
social media and thereafter submit for ratification by the
Board or the Committee or the Children’s Court, as thecase
may be;
(vii)
give wide publicity in the surrounding area through the use of
loudspeakers and the distribution and affixture of Hue and Cry
notice at prominent places. Social networking portals, Short
Message Service alerts and slides in cinema halls can be used to
reach out to the masses;
(viii)
distribute Hue and Cry notice at all the outlets of the city or
town, that is, railway stations, bus stands, airports, regional
passport office and other prominent places;
(ix)
search areas and spots of interest such as movie theatres, shopping
malls, parks, amusement parks, games parlours and areas where
missing or run away children frequent should be identified and
watched;
(x)
scan the recordings of the Closed Circuit Television Cameras
installed in the vicinity of the area from where the child was
reported missing and on all possible routes and transit destination
points like bus stands, railway stations, and other places;
(xi)
inquire from under construction sites, unused buildings, hospitals,
and clinics, child line services, and other local outreach workers,
railway police, and other places; and
(xii)
details of missing children should be sent to the District Crime
Record Bureaus of the neighbouring States and Station House
Officers (SHOs) of the bordering police stations including in charge
of all police posts in their jurisdiction and shall conduct regular
interaction with the concerned so that follow up action is ensured;
(5) Where a child cannot be traced within a period of four months, the
investigation of the case shall be transferred to the Anti Human Trafficking Unit in the
District which shall make reports every three months to the District Legal Services
Authority regarding the progress made in the investigation.
(6) When a child is traced;-
(i)
he shall be produced before the Board or the Committee or the Children’s
Court, as the case may be, for appropriate directions;
(ii)
the police shall send a report to the District Legal Services Authority
which shall provide counselling and support services to the child and the
family; and
(iii)
the police shall conduct an inquiry whether the child has been subjected
to any offence under the Act or any other law and if so, proceed
accordingly.
(7) The Central Government or the State Government may issue appropriate
Standard Operating Procedures for the manner of inquiry in cases of missing
children to give effect to these rules.
(8) The Karnataka State Commission for Protection of Child Rights shall
monitor implementation of Standard Operating Procedures on Missing
Children issued by the Central Government or State Government, and make
recommendations to appropriate authorities.
107. Non-Compliance of the Act and the rules.- The State Government,
either on its own or on being intimated by any Court, Board or the Committee or
Police or any Statutory Commission or on receipt of a written complaint in this
regard, may take appropriate action against any Government Officer, office bearer
of any institution, statutory body or any individual, who fails to comply with the
provisions of the Act and these rules.
108. Repeal and savings.-The Juvenile Justice (Care and Protection of
Children) (Karnataka) Rules, 2010 are hereby repealed:
Provided that, the said repeal shall not affect,-
(i) the previous operation of the said rules or anything duly done or suffered
there under, or
(ii) affect any right, liability or obligation acquired, accrued or incurred under
the said rules.
By order and in the name of the Governor of Karnataka
(C. Balaram)
Deputy Secretary to Government-1
Department of Women and Child Development and
Empowerment of Differently Abled and Senior Citizens.
Affix Passport Size
Photograph of the
Child
FORM 1
[See rules 7(1), 7(5), 7(7) and 8(2)]
SOCIAL BACKGROUND REPORT
FIR No:……………………………..
U/Sections:……………………………………………………………..
Police Station: ……………………………………………………………………………
Date & Time: ……. /………/ ………………&………………………….
Name of I.O.: …………………………………………………………
Contact Details of I.O.:……………………………………………………
Name of CWPO:………………………………………………………………………
Contact Details of CWPO:……………………………………………………………………….
1.
Name of child:
………………………………………………………………………………………………….
2.
Father/Mother/Guardian’s name:
……………………………………………………………………
3.
Sex [Male/Female/Transgender]: ………………………….
4.
Age & Date of birth (indicate whether based on oral statement/documents/ appearance):
..... & ……. /………/ ………………
5.
Address: ....................................................................................................................
.......................................................................................................................
6. Religion
Hindu⬜ Muslim⬜
Christian⬜
Other ⬜ ____________________(Pls Specify)
7. Caste and Tribal Identity : OC⬜BC⬜SC⬜
ST⬜
8.
Whether the child is a person with disability: Yes ⬜No⬜
If yes, select type of disability
(i) Physical disability:
(a)
Locomotive Disability
(b)
Visual Impairment
(c)
Hearing Impairment
(d)
Speech and language disability
(ii) Intellectual disability
(iii) Others (please specify):
9. Family Details:
S.
No
(1)
Name and
Relationship
(2)
A
G
E
(3)
S
e
x
(4)
Education
(5)
Occupation
(6)
Income
(7)
Health
Status
(8)
History
of
Mental
Illness
(if any)
(9)
Addictions
(if any)
(10)
10. Reasons for leaving home:
…………………………………………..........................................................
11.
Whether there is a history of involvement of family members in criminal offences, if
any: Yes ⬜
No ⬜
12. Employment Details, if any: …………………………………………………............
13. The details of education of the child:
a. Never attended School
b. Studied up to V Standard
c.
Studied above V Standard but below VIII Standard
d. Studied above VIII Standard but below X Standard
e. Studied above X Standard
14. The details of the school in which studied last:
a. Corporation/Municipal/Panchayat
b. Government/SC Welfare School/BC Welfare School
c. Private management
15. Skill training, if any: ……………………….............................................
16.
Whether the child has been subjected to any form of abuse: Yes ⬜
No ⬜
S.No
Type of Abuse
Remarks
1.
Verbal abuse – parents/ siblings /
employers / others (pl. specify)
2.
Physical abuse(pl. specify)
3.
Sexual abuse parents/ siblings/
Employers/others (pl. specify)
4.
Others (pl. specify)
17.
Whether the child is a victim of any offence: Yes ⬜No⬜
18.
Action taken on information of offences against the child, if any: ………..
.......................................................................................................................
19.
Whether the child is used by any gangs or adults or group of adults or has been
used for drug peddling: Yes ⬜ No⬜
20.
Circumstances in which the child was apprehended : .......................
....................................................................................................................
21.
Details of articles recovered from the child:
.......................................................................................................................
22. Alleged role of the child in the offence: ............................................
…………………………………………………………………………………………………………..
…………………………………………………………………………………………………………..
…………………………………………………………………………………………………………..
23. Suggestions of the Child Welfare Police Officer: : ...................................
........................................................................................................................................................................
..
........................................................................................................................................................................
..
Signed by /Thumb Impression by Signed by Child Welfare Police Officer
Parent/Guardian of CCL
Date:
/
/
Time:
FORM 1A
[See rules 5(2) and 19(4)]
UNDERTAKING TO BE FURNISHED BY PERSON SEEKING PERMISSION TO ATTEND
PROCEEDINGS OF BOARD OR COMMITTEE
1. Name of Person attending proceeding:
2. Organisational affiliation:
3. Registration details of Organisation:
4. Contact information:
5. Email:
6. Purpose for attending the proceeding:
7. Details of institutions you wish to access:
8. Duration of research:
9. Number of days required to be spent at the institution/authority:
10. Nature of the recording of the proceedings (on paper/recording on
electronic devices):
11. Details of the electronic devices (mobile/camera/audio recorder) to be used in
capturing information (if any):
12. Any previous history of carrying out such research: (If yes, provide the basic
details)
13. Whether ethical clearances have been received? Yes/No (Attach copy, if yes)
Declaration : I hereby declare that confidentiality of children will be respected.
Information gathered will be used for only the purpose specified in the undertaking. A
copy of the report prepared on the basis of this research shall be submitted to the
Board or the Committee and the Department of State Government concerned with the
implementation of the Juvenile Justice (Care and Protection of Children) Act, 2015 and
rules made thereunder.
(Signature of person furnishing the undertaking)
Date:
Place:
You are permitted to attend the proceeding of Board/Committee as per
following terms and conditions:
1.
2.
3.
[Date/s and duration for attending the proceeding shall be mentioned
here along with any other condition as may be imposed by the Board or
the Committee, as the case may be and a copy shall be retained by the
Board or the Committee as the case may be, for record.]
Signature & Date
[Chairperson/Member(s), Child Welfare Committee] or [Principal Magistrate/Member(s), Juvenile Justice
Board] or District Child Protection Unit or Director, Directorate of Child Protection
FORM 1B
[See rule 6(xiv)(d)]
TEMPLATE FOR REQUEST TO CONCERNED COURT REGARDING CHILD IN
CONFLICT WITH THE LAW IN JAIL
To
[Details of Court concerned]
Respected Sir/Madam,
During the inspection of jail [Name and Address of Jail] carried out by this Board under
Section 8(3)(m) of the Juvenile Justice (Care and Protection of Children) Act, 2015 on [Date
of Jail Inspection], it has been found that following inmate may be a child in conflict with
law as on the date of commission of offence:
Name of Inmate:
Parent/Guardian’s Name:
Status: [Please indicate whether inmate is an under-trial or a convict]
Case Details:
Date of Alleged Commission of Offence:
Next date of hearing [in case of a pending case]:
Last date of hearing [in case of a disposed of case]:
Brief description of facts or claims made by the inmate on the basis of which
Board has found that the inmate may be a child in conflict with law on the
date of commission of offence: [In addition to the description, please attach
copy of any document which may be of use for age determination, if available]
……………………………………………………………………………………………………
……………………………………………………………………………………………………
Under Section 9(2) of the Juvenile Justice (Care and Protection of
Children) Act, 2015, Ld. Court is empowered to make an inquiry, take such
evidence as may be necessary to determine the age of such person and to record
a finding on the matter, stating the age of the person as nearly as may be.
Proviso to Section 9(2) of the JJ Act, 2015 further provides that such a
claim may be raised before any court and it shall be recognised at any stage, even
after final disposal of the case, and such a claim shall be determined in accordance
with the provisions contained in this Act and the rules made thereunder even if
the person has ceased to be a child on or before the date of commencement of
this Act
Section 9(3) of the Juvenile Justice (Care and Protection of Children)
Act, 2015 provides that if the court finds that a person has committed an
offence and was a child on the date of commission of such offence, it shall
forward the child to the Board for passing appropriate orders and the
sentence, if any, passed by the court shall be deemed to have no effect.
Under Section 9(4) of the Juvenile Justice (Care and Protection of
Children) Act, 2015 (4), Ld Court may place such person in a place of safety in
the intervening period while the person’s claim of being a child is being
inquired into.
In view of the above factual and legal matrix, you may kindly initiate appropriate
proceedings as per Section 9 and Section 94 of the Juvenile Justice (Care and
Protection of Children) Act, 2015.
DATE:
[PRINCIPAL MAGISTRATE]
[MEMBER]
[MEMBER]
JUVENILE JUSTICE BOARD, DISTRICT….
FORM 1C
[See rule 7(1)]
INFORMATION TO SPECIAL JUVENILE POLICE UNIT REGARDING
CHILD IN CONFLICT WITH LAW
This is to inform you that,
_____________________________________________(Name), aged________, has
been apprehended under the provisions of the Juvenile Justice (Care and Protection
of Children) Act, 2015 on__________ (Date), at_________ (Time).
Charges have been levelled against him/her/them vide Crime No.
_________
Under_________________________________________________________________
_(Law and Sections) registered at______________________ (Police Station)
Brief of the incident:
---------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------------------------
The version of the child has been recorded and the following observations
have been made:
-
Pre-existing medical condition (if any):
-
Injuries on the body (if any):
-
Property found with the child:
The child
was produced before the Juvenile Justice
Board
(District)
(Address),
on
(Date),at
(Time) by
(Name),
(Designation).
The child was housed at:
_____________________________________________________(Address), prior to the
production before the said Juvenile Justice Board.
The family, (Father Name/Mother Name/Guardian Name) residing at:
________________________ (Address) have been intimated.
For information and necessary action.
Date:
Place:
Signature and Seal
Child Welfare Police Officer (Name and
Designation)
To,
The Special Juvenile Police Unit, District
FORM 1D
[See rules 7(2)(ii) and 8(11)]
INTIMATION TO PARENT/ GUARDIAN REGARDING CHILD IN CONFLICT WITH LAW
Your son/daughter/ward (Name),____________________________________
aged
, has
been apprehended under the provisions of the Juvenile Justice (Care and Protection of Children) Act,
2015 on
(Date), at
(Time). Charges have been levelled against
him/her/them Vide Crime No.
under
(Law
and Sections).
The child will be brought before the Juvenile Justice Board
(JJB)___________________________________
(District)________________________________________________________________________
_________________________________________________________(Address) on______________
(Date), at________ (Time).
You are hereby directed to be present before the Juvenile Justice Board at the above-mentioned place
and time.
Date:
Place:
Signature and seal
Child Welfare Police Officer (Name and Designation)
To:
<Name and address of parent/ guardian of child>
FORM 1E
[See rule 7(3)(xv)]
AGE MEMO
F.I. R. No.
Year
Dated:..../..../........
P.S.
District
1. Name of Person
2. Name of
Father
Mother
3. Date of Birth / Age as stated by the person
4. Title of available documents with the date of birth of the person
5. Age as stated by the parent/ guardian who is informed of the
apprehension
6. Age as observed by the Child Welfare Police Officer or the
Investigation Officer, as the case may be.
7. Name of school and class last and year of leaving and age as
mentioned in the record of such school (attach copy of such school
record)
8. Date of Birth as mentioned in the Birth certificate given by a
corporation or a municipal authority or a Panchayat (attach copy of
such birth certificate)
9. Date of Birth as mentioned in any other documentary proof
(Attach copy of such proof)
Comment of the Child Welfare Police Officer or Investigation Officer as
the case may regarding age of the person.-
Is further investigation on age is required? Kindly explain:
Name, Rank & Number of Child Welfare Police
Officer or Investigation Officer
who prepared this Age Memo
Date:
Time:
Receipt from the person or parents or guardian: I have received the copy of this age
memo on date..................time…………………
place………………………………….
(Name and Signature or Thumb print of the parent/ guardian)
[Mention below if any document in original has been taken by the Child Welfare Police Officer or Investigation
Officer before signing this document. Provide complete details of documents taken in original by the Child
Welfare Police Officer or Investigation Officer]
(Name & Signature of person giving receipt)
FORM 1F
[See rule 7(2)(iii) and 8(11)]
INTIMATION TO PROBATION OFFICER FOR SOCIAL INVESTIGATION REPORT
This is to inform you that (Name)________________________________________,
aged________, has been apprehended under the provisions of the Juvenile Justice
(Care and Protection of Children) Act, 2015 on
(Date), at
(Time).
Charges have been levelled against him/her/them vide Crime No.
under
(Law
and Sections).
The child will be brought before the Juvenile Justice Board
________________(District)
(Address)
on
(Date),_____________________ (Time).
You are hereby requested to prepare and submit within two weeks to the Board, a social
investigation report containing information regarding the antecedents and family background
of the child and other material circumstances likely to be of assistance to the Board for making
the inquiry.
Date:
Place:
Signature and Seal Child Welfare Police Officer
(Name and Designation)
To,
The Probation Officer of PO Act/Legal-cum-Probation Officer, District Child
Protection Unit
FORM 1G
[See rule 8(16)]
DECLARATION FROM POLICE REGARDING CHILD IN CONFLICT WITH LAW
This is to inform you that,
__________(Name),
aged
has been apprehended under the provisions of the
Juvenile Justice (Care and Protection of Children) Act, 2015 on
(Date), at__________(Time). Charges have been
levelled against the child vide Crime No.
under_______________________________________
_____(Law and Sections).
The child has been produced/will be produced before the Juvenile Justice Board
________
______________________________________(District)
________
_____________________________(Address) on
(Date), at
(Time).
The child was housed at:____________________________________________ as the time of
apprehension was more than 24 hours.
The child has been provided with all basic needs and amenities.
The child has been taken for medical examination before an appropriate Medical Practitioner and
the copy of the medical examination is herewith enclosed.
I hereby declare that:
1.
That the child has not been kept in the police lock or at the police station
between 6 pm and 6am since his/hers/their apprehension.
2.
That the child has not been subjected to any form of abuse, neglect or
exploitation.
3.
That the child has been treated with due regard and utmost decency.
Date:
Place:
Signature of person executing the Declaration
Signature and Seal Child Welfare Police Officer
(Name and Designation)
FORM 2
[See rule 7(7)]
UNDERTAKING BY THE PARENT OR GUARDIAN OR FIT PERSON GIVEN INTERIM
CUSTODY PENDING INQUIRY
Case Number:
Whereas I, ………………………………..(name), related to the child as
……………………………………………………… , resident of House no
,
Street ……………….., Village/Town …………………………….., District
…………………………., State…………………………………………., with contact no.
…………………………… do hereby declare that I am willing to take charge of (name of
the child) ……………………………………………………………… aged……… under the order of
the Board ……………………………………………………….. subject to the following terms
and conditions:
1. That I have annexed true, correct and authentic identification and
address proof of myself.
2. That I undertake to produce the child before the Board as and when
required.
3. That I shall do my best for the welfare and education of the child as long as
the child remains in my charge and shall make proper provision for the
child’s maintenance.
4. That in the event of the child’s illness, the child shall receive proper
medical attention, preferably in the nearest hospital and a report of it
followed by a fitness certificate shall be submitted before the Board.
5. That I shall do my best to ensure that the child will not be subjected to any
form of abuse/ neglect or exploitation
6. That if the child’s conduct requires further supervision or care and
protection, I shall at once inform the Board.
7. That if the child goes out of my charge or control, I shall immediately
inform the Board.
Dated this …….. day of …………………… , 20…… .
Signature of person executing the Undertaking/ Bond
(Signed before me)
Child Welfare Police Officer/SJPU
FORM 3
[See rule 9(1)(iv)]
SUPERVISION ORDER
Case Number: …………………..
When the child is placed under the care of a fit person/fit facility/Probation
Officer pending inquiry FIR No………………..
U/Sections……………… …………… of………… 20……….PS…………...
Whereas …………………. (name of the child) is alleged to have committed an offence
and is placed under the care of (Name)………………………………………………….
(address)……………………………………………………………….
on executing a bond by the said
…………………………………. and the Board is satisfied that it is expedient to deal with the said
child by making an order placing him/her/them under supervision.
It is hereby ordered that the said child be placed under the supervision of
…………………………for a period of……………subject to the following conditions:
1. That the child shall reside at………………… for a period of…………..and shall be
produced before the Board as and when directed.
2. That the child shall not be allowed to leave the district jurisdictionwithout the permission of the
Board.
3. That best efforts shall be made by the person under whose care the child is
placed to protect the child from negative influences.
4. That the person under whose care the child is placed shall arrange for the proper
care, education and welfare of the child.
5. That the best efforts shall be made by the person under whose care the child is
placed to take preventive measures to see that the child does not commit any
offence punishable by any law in India.
6. That the child shall be prevented from taking narcotic drugs or psychotropic
substances or any other intoxicants. The person under whose supervision
the child is placed shall report any such act of the child to the Board.
Dated this …….. day of ……………………, 20…… .
(Signature)
Principal Magistrate/ Member Juvenile Justice Board
Note: Additional conditions if any may be inserted by the Juvenile Justice Board.
FORM 4
[See rule 9(1)(v)]
ORDER OF PLACING A CHILD IN CHILD CARE INSTITUTION PENDING INQUIRY
Case Number:____________
To,
The Officer in charge.
Whereas on the……………. day of………………………, 20, ……………………………….
(name of the child), child of………………………………………………, aged………,residing at …………….……………………
alleged to be involved in FIR No. ………………………..
U/Sections …..………………………PS …………………………is ordered by the Juvenile Justice Board to
be kept in the Child Care Institution (Observation Home/ Place of Safety)
namely………………………………………. for a period of …………………………………………………………………. .
This is to authorize and require you to receive the said child into your charge,
and to keep the child in the Child Care Institution (Observation Home/ Place of Safety)and to
produce the child as and when directed by the Board, for the aforesaid order to be carried
into execution according to law.
Next date of hearing: ..../..../........ .
Given under my hand and the seal of Juvenile Justice Board, thisday of ……………………….., 20………
(Signature)
Principal Magistrate/Member
Juvenile Justice Board
FORM 5
[See rule 9(2)]
ORDER FOR SOCIAL INVESTIGATION REPORT
Case number: …………………
FIR No: ………………………………..
U/Sections: ………………………………………………
Police Station:
……………………………………………………………………………………… To,
Probation Officer/ Person in-charge of Voluntary or Non-Governmental Organization,
with office address
……………………………………………………………….
Whereas ………………(Name of the Child), child of…………………………..
aged
……….,
residing
at……………………………………………..,has been
produced before the Board.
You are hereby directed to enquire into the social antecedents, family
background and circumstances of the alleged offence by the said child and
submit your social investigation report on or before ………………or within such
time as allowed to you by the Board.
You are also hereby directed to consult an expert in child psychology,
psychiatric treatment or counselling or any other expert for their expert opinion
if necessary and submit such report along with your Social Investigation Report.
Dated this ………….day of …………………20………….
(Signature)
Principal Magistrate/ Member
Juvenile Justice Board
FORM 6
[See rules 9(9), 11(2), 74(1) and 74(3)(i)]
SOCIAL INVESTIGATION REPORT FOR CHILDREN IN CONFLICT WITH LAW
Case Number:………………………
Sl. No………….
Submitted to the Juvenile Justice Board.................................................
(address).
Probation Officer/ Voluntary/Non- Governmental Organization…………..
(Name of the person)
FIR No………………………………
Under sections………………………
Police Station…………………………………………………..
Nature of offence alleged: Petty ⬜Serious ⬜ Heinous ⬜
1. Name: ………………………………………………………………………………
2. Age/Date/Year of birth: ………………………………………………………….
3. Sex [Male/Female/Transgender]: ………………………….
4. Caste: ………………………………
5. Religion: ………………………….
6. Father’s Name: ……………………………………………………………………..
7. Mother’s Name: ……………………………………………………………………
8. Guardian’s Name: …………………………………………………………………
9. Permanent Address / Place of Stay:
…………………………………………................
………………..…………………………………………………………………………………
10. Landmark of the Address/ Place of Stay:
………………………………………………
11. Address of last residence………………………………………………………..
12. Contact no. of father/ mother/ family member…………………………………….
13. Whether the child is with disability? Yes ⬜ No ⬜
14. If yes, please select the type of disability (could be more than one):
(i)
Physical disability:
(a)
Locomotive Disability
(b)
Visual Impairment
(c)
Hearing Impairment
(d)
Speech and language disability
(ii) Intellectual disability
(iii) Mental illness (collect copies of medical reports, if any)
(iv) Others (please specify)
15. Family Details:
S.
N
o
(1)
Name and
Relationshi
p
(2)
A
ge
(3
)
Se
x
(4
)
Educatio
n
(5)
Occupati
on
(6)
Inco
me
(7)
Heal
th
statu
s (8)
Histo
ry of
Ment
al
Illnes
s (if
any)
(9)
Addictio
ns (if
any)
(10)
16. If the child or person is married, name, age and details of spouse and
children:
…………………………………………………………………………………………………....
17. Relationship among the family members:
Substantiate
(i) Father & mother
Cordial/ Non cordial/ Not known
(ii) Father & child
Cordial/ Non cordial/ Not known
(iii) Mother & child
Cordial/ Non cordial/ Not known
(iv) Father & siblings
Cordial/ Non cordial/ Not known
(v) Mother & siblings
Cordial/ Non cordial/ Not known
(vi) Child & siblings
Cordial/ Non cordial/ Not known
(vii) Child &
grandparents
(paternal/maternal)
Cordial/ Non cordial/ Not known
18. History of involvement of family members in offences, if any:
Sl.
No.
Relationship
Nature
of
Crime
Legal
status
of the
case
Arrest
if any
made
Period of
confinement
Punishment
awarded
1.
Father
2.
Step father
3.
Mother
4.
Step mother
5.
Brother
6.
Sister
7.
Others (uncle/
aunt/ grandparents)
19. Present living conditions: ……………………………………………………………….
20. Other factors of importance, if any:…………………………………………………….
21. (i) Habits of the child (Tick as applicable)
A
B
(a)Smoking
(g)Watching TV/ Movies
(b)Alcohol Consumption
(h)Playing indoor/ outdoor games
(c)Drug use
(i)Reading books
(d)Gambling
(j)Religious activities
(e)Begging
(k)Drawing/painting/acting/singing
(f)Any Other
(l)Any other
Briefly explain the habits ticked above:
……………………………………………………………………………………………………
……………………………………………………………………………………………………
(ii) Extra-curricular interests:
……………………………………………………………..
(iii) Outstanding characteristics and personality traits:
…………………………………
(iv) Child’s attitude towards religion/ faith
22. Child’s opinion/reaction towards discipline in the home:
……………………………..
23. Employment Details of the child, if any:
………………………………………………...
24. Details of income utilization and manner of income utilization:
………………………………………….
25. Work record (reasons for leaving vocational interests, attitude towards job or
employers):
……………………………………………………………………………………………
……………………………….……………………………………………………………
26. The details of education of the child. (Please tick as applicable).
(i)
Never attended school
(ii) Studied up to V Standard
(iii) Studied above V Standard but below VIII Standard
(iv) Studied above VIII Standard but below X Standard
(v)
Studied above X Standard
(vi) Non-formal education/ Bridge course
27. Child’s opinion of Attitude of teachers and classmates towards the child:
.......................................................................................................................
.......................................................................................................................
28. The reason for leaving School (Please tick as applicable)
(i) Failure in the class last studied
(ii) Lack of interest in the school activities
(iii) Indifferent attitude of the teachers
(iv) Peer group influence
(v) To earn and support the family
(vi) Sudden demise of parents
(vii)
Bullying in school
(viii) Rigid school atmosphere
(ix) Absenteeism followed by running away from school
(x) There is no age appropriate school nearby
(xi) Abuse in school
(xii) Humiliation in school
(xiii) Corporal punishment
(xiv) Medium of instruction
(xv) Others (pl. specify).....................................................
29. The details of the school in which studied last:
(i) Corporation/Municipal/Panchayat
(ii) Government/SC Welfare School/BC Welfare School
(iii) Private management
(iv) School under NCLP
(v) Any other (specify)
30. Vocational training, if any:…………………………………………………………….
31. Majority of the friends are (tick all which are applicable)
(i) Attending school
(ii) Not attending school
(iii) The same age group
(iv) Older in age
(v) Younger in age
(vi) Same sex
(vii) Other sex
(viii) Addicts
(ix) With criminal background
Describe the friends circle of the child …………………………………….
32. Attitude of the child towards friends:
…………………………………………………
33. Observations about neighbourhood (to assess the influence of neighbourhood
on the child) ......................................................................................................
34. Whether the child has been subjected to any form of abuse: Yes⬜ No⬜
S.No
Type of Abuse
Remarks
1.
Verbal abuse – parents/ siblings / employers / others (pl. specify)
2.
Physical abuse(pl. specify)
3.
Sexual abuse parents/ siblings/ Employers/others (pl. specify)
4.
Others (pl. specify)
35. Whether the child is a victim of any offence: Yes⬜ No⬜
36. Whether the child is used by any gangs or adults or group of adults or has
been used for drug peddling: Yes⬜ No⬜
37. Are there situations where the child has run away from home previously? Yes⬜
No ⬜. If yes, give details:
……………………………………………………………………………………………………
38. Circumstances of apprehension of the child:
……………………………………………………………………………………………………
39. Alleged role of the child in the offence
………………………………………….………………………………………………..
40. Family and Social Background
(i) Parental neglect
(ii) Parental overprotection
(iii) Parents criminal behavior
(iv) Parents influence (negative)
(v) Peer group influence
(vi) Bad habits (to buy drugs/alcohol)
Substantiate the above with details ………………………………….
………………………………………………………………………………..
41. Whether the child has been apprehended earlier for any offence, if yes give
details including stay in a child care institution: Yes⬜ No⬜
……………………………………………………………………………………………………
42. Previous institutional/case history and individual care plan, support with
documents, if any:…………………………………………………………………………..
43.
Physical appearance of the child: (Attach a full length photograph of the
child)
……………………………………………………………………………………………………
……………………………………………………………………………………………………
44. Health condition of the child (including medical examination report, if
applicable):
……………………………………………………………………………………………………
……………………………………………………………………………………………………
45. Emotional status of the child
……………………………………………………………..
46. Any other remark: ……………………………………………………………………………..
RESULT OF INQUIRY
1. Emotional factors …………………………………………………………………
2. Physical condition ………………………………………………………………..
3. Social and economic factors……………………………………………………
4. Analysis of the case, including reasons/contributing factors for the alleged
offence:……………………………………………………………………………………………………
……………………………………………………………………………………………………
5. Opinion of experts consulted:
(i) Name of expert: ……………………………………
Designation, Qualification and Experience:
……………………………………………………………………………………
……………………………………………………………………………………
Contact Details: ……………………………………………
Summary of opinion (copy of opinion attached)
……………………………………………………………………………………
……………………………………………………………………………………
……………………………………………………………………………………
……………………………………………………………………………………
……………………………………………………………………………………
(ii) Name of expert: …………………………………………………
Designation, Qualification and Experience:
……………………………………………………………………………………
Contact Details: ……………………………………………
Summary of opinion (copy of opinion attached)
……………………………………………………………………………………
……………………………………………………………………………………
……………………………………………………………………………………
……………………………………………………………………………………
……………………………………………………………………………………
(iii) Name of experts: …………………………………
Designation, Qualification and Experience:
……………………………………………………………………………………
Contact Details: ……………………………………………
Summary of opinion (copy of opinion attached)
……………………………………………………………………………………
……………………………………………………………………………………
……………………………………………………………………………………
……………………………………………………………………………………
……………………………………………………………………………………
6. Recommendation regarding rehabilitation by Probation Officer/Child Welfare
Officer:
(i)Recommendations regarding indication of risk to child if released on bail
(ii) Services required at the time of release
……………………………………………………………………………………………
(iii) Any other recommendation
……………………………………………………………………………………………
Signature of the Probation Officer/ Child Welfare Officer/ Social Worker
Stamp and Seal where available
FORM 7
[See rules 11(3), 13(7)(vi), 13(8)(iii), 22(1)(i), 24(5), 24(22), 72(6)(vii), 72(6)(x), 79(I)(3), 79(K)(3) 89(12) and 92(6)]
INDIVIDUAL CARE PLAN
Child in Conflict with Law
Child in Need of Care and Protection
(Tick whichever is applicable)
Name of Case Worker/Child Welfare Officer/Probation Officer……………….
Date of preparing the Individual Care Plan…………………………………………
Case/Profile No……………of 20………………............…
FIR No……………………………………………………….
Under Sections (Type of offence), applicable in case of Children in Conflict with Law…............…
Police Station…………………………………………………
Address of the Board or the Committee………………………………………………
Admission No. (If child is in an institution) …..………………….…….
Date of Admission (if child is in an institution …………………………………....
Stay of the child (tick as applicable)
(i)
Short term (up to six months)
(ii)
Medium Term (six months to one year)
(iii)
Long term (more than 1 year)
I.
FOR BOTH CATEGORIES OF CHILDREN WHO ARE PLACED IN INSTITUTIONAL OR NON-
INSTITUTIONAL CARE
1.
Personal details (to be provided by child/parent/both on admission of the child in the institution)
(a) Name of the Child…………………………………
(b) Age/Date of Birth………...........…………………
(c) Sex: Male/Female.................……………………
(d) Father’s name…………………………...………..
(e) Mother’s name…………………………..…………
(f) Nationality………………………………........…….
(g) Religion………………………………........……….
(h) Caste /Tribal Identity………………………………….........………
(i) Language spoken………………….........………..
2.
Level of Education and name address of the educational institution …………………………………..
3.
Details of Savings Account of the child, if any…………………….……..
4.
Details of awards/rewards received by the child, if any…………………
5.
Details of child’s belongings and earnings, if any………………………..………
6.
Whether the child is orphan/abandoned/surrendered?
7.
If the child has lost both parents, provide the following information if available:
(a) Details of child’s parents’ property, if any-
(b) Details of child’s parents bank accounts, if any-
(c) Details of child’s insurance policy, if any-
(d) Details of child’s parents’ insurance policy, if any-
(e) Details of child’s parents job compensation, pension if any-
(f) Details of child’s fixed deposits, savings, financial policy, mutual funds if any-
(g) Details of parent’s loans, Mortgages, other financial liabilities, if any-
(h) Details of property to be inherited, if any:………………………………
(i) Has a succession certificate been issued?- Yes/ No
If yes, details of succession certificate:………………………………………
(j) Has a legal heir certificate issued?- Yes / No
If yes, details of legal heir certificate:…………………………………….
8.
Does the child have any siblings? Yes/No
9.
If the child has siblings:
(a) Are the child and the child’s siblings being surrendered by:
One parent Both parents Guardians
Not a surrender case
(b) Are the child and the child’s sibling being placed together? Yes/ No
(c) Case/Profile No. of the sibling/siblings-
10.
In case the child is with disability or special needs or is terminally ill
(This may be relevant for both children in conflict with law and child in need of care and
protection, as the case may be)
(i)
Whether the child who is suffering from disabilities have been provided with
disability certificate. Yes/No. If Yes, please state the disability certificate no
………............... and percentage of disability
(ii)
Whether such child has been provided with medical equipment like hearing aid,
crutches etc. Yes/No. If Yes, please specify……………………
(iii) Whether the child has been provided for compensation /relief for his/her disability.
Yes/No. If yes, please specify……………………………
(iv)
Education requirements of the child…………………………………..
(v)
Any other special needs of the child……………………………….
(vi)
Any other recommendation………………………………………
11.
If the child belongs to Children in Street Situations/Trafficked/Involved in Drug
Peddling/Child Labour(This may be relevant for both child in conflict with law and child in
need of care and protection, as the case may be)
(i)
Whether the child belongs to Children in Street Situation: Yes/No.
(ii)
Whether the child is a victim of child trafficking: Yes/No.
(iii)
Whether the child was involved in drug- peddling: Yes/No.
(iv)
Whether the child is a victim of child labour. Yes/No.
(v)
Whether the child who has been a victim of Child-Labour has been provided compensation under
the Child Labour Rehabilitation-cum-Welfare Fund or any other scheme. If yes, please
specify………………………………………….
(vi)
Whether such child who has been victim of child labour/ child trafficking/drug
peddling/ or is a children in street situation provided with counselling? Yes/No
(vii)
Whether the child has been provided any compensation? Yes/ No. If yes, please
specify…………………………
12.
If the child is a victim of abuse including sexual abuse: (This may be relevant
for both child in conflict with law and child in need of care and protection, as the case may be)
(i)
Whether the child has been provided counselling?............................
(ii)
Whether any action has been taken against such offender/perpetrator? If Yes,
Please specify………………………………………….
(iii) Whether the child who has been a victim of sexual assault has been provided
compensation as per the compensation scheme under the Protection of Children
from Sexual Offences Act, 2012……………………………….
(iv) Any other compensation or relief provided to the child?......................
(v)
Any other observations……………………………………
13. Based on the results of Case History, Social Investigation report and interaction with the
child, give details on following areas of concern and interventions required, if any- (This
is for both categories of children who are placed in institutional or non-institutional
care)
S. No
Category
Areas of concern
Proposed
Interventions
1
Child’s
expectation
from care and
protection
2
Health and nutrition
needs
3
Emotional and
psychological support
needed
4
Educational and
training needs
5
Leisure, creativity and
play
6
Attachments and
inter- personal
relationships
7
Self-care and life
skill training for
protection from all
kinds of abuse, neglect
and maltreatment
8
Independent living skills
9
Any other significant
experiences which may
have
impacted
the
development
of
the
child, like trafficking,
domestic
violence,
parental
neglect,
bullying in school, etc.
(Please specify)
10
Any
other
area
of
intervention
II FOR CHILDREN PLACED IN INSTITUTIONAL CARE:
14. Progress report of the child (to be prepared every fortnight for first three months
and thereafter to be prepared once a month)
[Note: Use different sheet for Progress Report]
1. Name of the Probation Officer/Case Worker/Child Welfare Officer………….
S.
No
Category
Proposed
Interventions
Progress of the Child
2. Period of the report……………………………………...……………………….
3. Admission No……………………………………………...…………………….
4. Board or Committee details.......…………………………………………………
5. Profile No…………………………….………………......………………………
6. Name of the Child……………………..……………..…………………………..
7. Stay of the child: Short term……… / medium term ……. / long term
8. Place of interview ………………....……..Dates………......…....……………….
1.
Child’s expectation from care
and protection
2.
Health and nutrition needs
3.
Emotional
and
psychological support needed
4.
Educational and training needs
5.
Leisure, creativity and play
6.
Attachments and inter-
personal relationships
7.
Self-care and life skill training
for protection from all
kinds of abuse, neglect and
maltreatment
8.
Independent living skills
9.
Any
other
significant
experiences which may have
impacted the development of
the child, like trafficking,
domestic violence, parental
neglect, bullying in school,
etc. (Please specify)
10.
Any
other
area
of
intervention
9. General conduct and progress of the child during the period of the report
………………………………………………………………………………………………..…….……………………………………
10. Progress made with regard to proposed interventions as mentioned in point 14 of this form.
11. Any proceeding held before the committee or Board or Children’s Court, details:-
12. Variation of conditions of bond:........................................
13. Change of residence of the child:.....................................
14. Other matters, if any:............................................................
15. Period of supervision completed. Details:…………………………………
16. Result of supervision with remarks (if any):………………………………….
17. Name and Addresses of the parent or guardian or fit person under whose care the
child is to live after the supervision is over:
………………………………………………………………………………………….
Date of report:…………………
Name and Signature of the Probation Officer…………………..
15.
Pre-release report(to be prepared 15 days prior to release):
1. Details of place of transfer and authority concerned responsible in the place of
transfer/release:................................................................................................
2. Details of placement of the child in different institutions/family:.................................
3. Training undergone and skills acquired:........................................................
4. Last progress report of the child (to be attached, refer number 14)
5. Rehabilitation and restoration plan of the child (to be prepared with reference to progress reports
of the child.
S. No
Category
Rehabilitation and
Restoration plan of the
child
1.
Child’s expectation from care and
protection
2.
Health and nutrition
3.
Emotional and psychological
4.
Educational and Training
5.
Leisure, creativity and play
6.
Attachments and Inter-personal
Relationships
8.
Self-care and life skill training for
Protection from all kinds of abuse,
neglect and maltreatment
9.
Independent living skills
10
.
Any other
6. Date of release/transfer/repatriation:………………………………………….
7. Requisition for escort if required:…………………………………………….
8. Identification Proof of escort such as driving license, Aadhaar Card, etc:……
9. Recommended rehabilitation plan including possible placements/sponsorships…
10. Details
of
Probation
Officer/Non-Government
Organization
for
post-release follow up:………………………………………………
11. Memorandum of Understanding with Non-Governmental Organisation identified for post-
release follow- up (Attach a copy)
12. Details of sponsorship agency/individual sponsor, if any:…………………
13. Memorandum of Understanding between the sponsoring agency and individual sponsor (Attach
a copy):…………………………
14. Medical examination report before release:……………………………………
15. Any other information:…………………………………………………………
Date of pre-release report …./…./……..
Name and Signature of the Probation Officer/ Case Worker/ Social Worker
16. Post-release/restoration report of the child:
1. Status of Bank Account: Closed/Transferred
2. Earnings and belongings of the child: handed over to the child or his parents/guardians – Yes/No
3. First interaction report (within one month of restoration) of the Probation Officer/Child
Welfare Officer/Case Worker/social worker/Non- Governmental Organisation identified
for follow-up with the child post-release:………………………………
4. Progress made with reference to Rehabilitation and Restoration Plan:………
5. Family’s behaviour/attitude towards the child:……………………….
6. Social milieu of the child, particularly attitude of neighbours’ / community:……….
7. How is the child using the skills acquired:……………………………………
8. Whether the child has been admitted to a school or vocation? Give date and name of the
school/institute/any other agency Yes/No ……….
9. Report of second and third follow-up interaction with the child after three months and six months
respectively:……………………………………
10. Efforts towards social mainstreaming and child’s opinion/views about it:..……
11. Identity Cards and Compensation
IDENTITY CARDS
Present status (Please tick
whichever Applicable)
Yes
No
Action taken
Birth Certificate
School certificate
Caste certificate
Below Poverty Line
Card
Disability Certificate
Immunization card
Ration Card
Aadhaar Card
Received
compensation from
Government
[Instruction: Please verify with the physical document]
17. Adoption (for Orphan/ Abandoned or Surrendered children)
(i) Whether the child has been declared legally free for adoption?
A. Yes
B. No C. Not Applicable
(If “not applicable”, then subsequent questions do not apply)
(ii) Whether the child has been placed in a Specialized Adoption Agency or Child Care Institution?
A. Specialized Adoption Agency
B. Child Care Institution
(iii) Has a Social Investigation Report by Child Welfare Officer/Case worker/social
worker been submitted?
A. Yes
B. No
(iv) Was the Deed of surrender executed by the parents/guardian before the Committee?
A. Yes
B. No C. Not Applicable
(v) Declaration submitted by District Child Protection Unit and Child Care Institution
or Specialized Adoption Agency that all restoration efforts have been made for the
child-
A. Yes
B. No
(vi) Nobody has approached District Child Protection Unit and Child Care Institution or
Specialised Adoption Agency for claiming the child as biological parents or
relatives or legal guardians-
A. Yes B. No
(vii) All timelines under Section 38 of the Act have been adhered to before declaring
the child legally free for adoption
A. Yes
B. No
III FOR CHILDREN PLACED IN NON-INSTITUTIONAL CARE (EXCEPT ADOPTION)
1. Parents/Guardian’s name (if applicable)
2. Parents/Guardian’s Nationality…………………........…….
3. Parents/Guardian’s Religion……………………....……….
4. Child’s nationality-
5. Details of Adhaar card of the child…………………..
6. Details of Adhaar card/voter Identity Card /pan card of the child’s parents………
7. Caste………………………………….........………
8. Language spoken………………….........………..
9. Level of Education…………………………………………………………..
10. Whether the child has been provided compensation/relief under various schemes of
government………..
11. Under whose care is the child being placed? –
(a) both parents (b) one parent
(c) legal guardian
(d) relatives
(e) fit person
(f)foster care
12. Whether the child is being surrendered by the single parent/Guardian?
A. Yes B. No C. Not Applicable
13. If yes, then whether the surrender deed has been made? A. Yes B. No
14. Education- (Yes/No/Not applicable) If yes, then
(i) Whether the child has been enrolled in school or a special training center? ……
(ii) If child is enrolled in school, then
(a) Name of the school……
(b) Government/Private ……
(c) Class ………………..
(iii) Unified District Information System for Education Code of the said school……………………….
(iv) If child is enrolled in special training centre then,
(a) Center is Residential or Non-Residential……………….
(b) Duration of enrollment ……………
(v) Whether the child has been enrolled in school under clause (c) of sub-section (1) of
section 12 of the Right to Education Act, 2009? Yes / No / NA
(vi) The Child Welfare Committee has recommended for continuing of education of the child
in the same school as the child was studying in? Yes / No
(vii) On the basis of the recommendation, whether the child is continuing education in the
same school as the child was studying in? Yes/ No
(viii) Has the Child Welfare Committee recommended for transfer of school for the child?
Yes / No
(a) If yes, then what are the reasons given by the Child Welfare Committee for
recommending transfer of school? .......................................................
(ix) Whether the child has been admitted to/transferred to a new school? Yes/ No
(x) Details of new school along with its Unified District Information System for Education
Code………………….
(xi) Address and Contact Details of the new school; ……………………………………….
(xii) Class in which admission/transfer taken place……………………………….
(xiii) Class in which the child was transferred from previous school…………
(xiv) On the basis of the recommendations of Child Welfare Committee, whether the school in which
the child is studying in is giving the benefit under clause (c) of sub-section (1) of section 12(1)(c) of
the Right to Education Act, 2009 to the child? Yes / No
(xv) Whether the child is being given free education by the appropriate government? Yes / No
(xvi) Is the child availing any scholarship? Yes / No
a. If yes, name of the scholarship ………………………………..
b. Amount of scholarship …………………………………………
(xvii) Any other observation and recommendation made by the Child Welfare Committee for education
of the child.
18. Sponsorship
(i)
The child has been recommended for sponsorship by the Child Welfare Committee?
A. Yes
B. No (If no, then subsequent questions do not apply)
(ii)
Whether sponsorship for the child has been approved by a Committee headed by District
Magistrate:
A. Yes
B. No
(iii)
Nature of sponsorship: i. Government ………
ii. Private ……………
(iv)
Type of sponsorship
(a) Individual to Individual sponsorship
(b) Group Sponsorship
(c) Community or organisation sponsorship
(d) Support to families through sponsorship
(e) Support to children homes and special homes
(f) Sponsorship through:
i. Institutions,
ii. Companies
iii. Corporations either public or private
(g) Any other
(v) Whether child has started receiving money under the sponsorship program-
A. Yes
B. No
(vi) Recommended duration of sponsorship:.....................................
(vii) Any other information:........................................
19. Restoration of the child:
(i) Whether the child is being restored to:-
Single Parent / Both Parents / Guardian/Relative
(ii) Name of the person to whom the child is being restored to……………..
(iii) Address and contact details of person where the child is being restored to……
(iv) If the child is being restored to Guardian/relative, then-
(v) Relationship of the child with the guardian/relative-
(vi) Does the guardian/relative have children of their own? A. yes B. No
(vii) If yes, Details of guardian/relatives’ children-
(viii) Social and financial condition of the guardian/relative-
(ix) Whether the child will be staying in the same State where the child was found? Yes/No
(x) Whether the child needs to be transferred to another State for restoration? Yes/No. If yes:
(a) Name of the State where the child is restored to-
(b) An escort is required for transfer of the child to another State?
A. Yes B. No.
If yes: Identification Proof of escort such as driving license, Aadhar Card, etc…………
(c) Whether District Child Protection Unit/ Child Welfare Committee of the
concerned district of the State where the child is being transferred to has
been informed about the transfer orders? Yes/No
(d) Whether the child’s documents/Social Investigation Report/ Individual Care
Plan/ Orders of Child Welfare Committee have been transferred to the
concerned CWC of the State? Yes/No
(e) Details of Child Welfare Committee where the case is transferred……………………..
(xi) Child Welfare Committee has recommended follow-up of the child post restoration:
Yes / No
(xii) Status of bank accounts of the child…………………………………..
(xiii)
The belongings of the child are handed over to the child/parent/guardian: Yes/No
(xiv)
Identity Cards and Compensation:
IDENTITY CARDS
Present status (Please tick
whichever is applicable)
Yes
No
Action
taken
Birth Certificate
School certificate
Caste certificate
Below Poverty Line Card
Disability Certificate
Immunization card
Ration Card
Aadhaar Card
Received compensation
from Government
20. REPATRIATION OF THE CHILD
(i)
Whether the child needs to be repatriated. Yes/No
(ii)
If yes, whether such repatriation is: (tick whichever is applicable)
◻ Inter-district
Inter-state
Inter-country
(iii) If yes, has the information on repatriation been informed to
District Magistrate State Government
Central Government
(iv) Has the process of repatriation of the child been initiated? Yes / No . Details:........
(v) Whether the details of the child to be repatriated has been informed to National or State Commission
for Protection of Child Rights, as the case may be?
(vi) Any other recommendation……………………………….
Signature of the Probationary Officer /
Child Welfare Officer/District Child Protection Unit
Stamp and Seal where available
FORM 8
[See rule 11 (6)]
UNDERTAKING/ BOND TO BE EXECUTED BY A PARENT/ GUARDIAN/ /FIT PERSON
IN WHOSE CARE A CHILD IN CONFLICT WITH LAW IS PLACED
Case Number: …………………………..
Whereas I, ……………………. being the parent, guardian, relative or fit person under
whose care………………………..(name of the child) has been ordered to be placed by the
Juvenile Justice Board…………………………
having been directed by the said Board to execute an undertaking/ bond with surety in the
sum of Rs………../- (Rupees……………………………………) or without surety, I hereby
bind myself to be responsible for the good behaviour and well-being of the said
………………….and to observe the following conditions for a period of …………………
years with effect from ............ (date)
1. That I shall intimate any change of residence in writing to the Juvenile
Justice Board through the Probation Officer;
2. That I shall intimate the Board if the child is removed from the limits of
the State;
3. That I shall send the said child daily to school/to such vocation unless
prevented from so doing by circumstances beyond control;
4. That I shall sincerely give effect to the Individual Care Plan with the
help of the Probation Officer;
5. That I shall report immediately to the Board whenever so required by it
and also produce the child before the Board as and when directed to do so;
6. That I shall produce the said child in my care before the Board, if the
child does not follow the orders of Board or his/her/their behaviour is
beyond my control;
7. That I shall report to the Board if the child goes out of my control or charge;
8. That I shall render all necessary assistance to the Probation Officer to
enable them to carry out the duties of supervision;
In the event of my making default herein, I undertake to appear before the Board and
bind myself to pay to Government the sum of Rs ………………..
(Rupees
)
Dated this ………………..day of ……………………………..20…….. .
Signature of person executing the
Undertaking/Bond
(Signed before me)
Principal Magistrate/
Member
Juvenile Justice Board
Additional conditions, if any, by the Juvenile Justice Board may be entered numbering
them properly;
(Where a bond with sureties is to be executed add)
I/We …………………………..of ………………………(place of residence with full
particulars) hereby declare myself/ourselves as surety/sureties for the aforesaid
……………….. (name of the person executing the undertaking/bond) to adhere to the terms
and conditions of this undertaking/bond. In case of
………………….(name of the person executing the bond) making fault therein, I/We hereby
bind myself/ourselves jointly or severally to forfeit to government the sum of
Rs………………/- (Rupees…………………………….) dated this the……….. day of
…………….20…………..in the presence of ………………………….
Signature of Surety (ties)
(Signed before me)
Principal Magistrate/ Member,
Juvenile Justice Board
FORM 9
[See rule 11 (7)]
PERSONAL UNDERTAKING BY CHILD
Case Number:
……………………….
Whereas I, ……………………inhabitant of……………………..(give full particulars
such as house number, road, village/town, tehsil, district, state) have been ordered to be sent
back/restored by the Juvenile Justice Board
…………………..under section ……….. of the Juvenile Justice (Care and Protection of
Children) Act, 2015 on my entering into a personal undertaking to observe the conditions
mentioned herein below. Now, therefore, I do solemnly promise to abide by these conditions
during the period…………………………...
I hereby bind myself as follows:
1. That during the period………….. I shall not ordinarily leave the
village/town/district to which I am sent and shall not ordinarily return
to…………………….or go anywhere else beyond the said district without
the prior permission of the Board;
2. That during the said period I shall attend the school/ skill training in which I
have been admitted in the village/town or in the said district to which I am sent;
3. That in case of my attending school/ vocational training at any other place in
the said district I shall keep the Board informed of my ordinary place of
residence.
I hereby acknowledge that I am aware of the above conditions which have been
read over/explained to me and that I accept the same.
(Signature or thumb impression of the child)
Certified that the conditions specified in the above order have been read over/explained
to (Name of child) ……………………..and that he has accepted them as the conditions upon
non-compliance of which he/she may be placed in safe custody.
Certified accordingly that the said child has been released/ relieved on (date) ……………….
Signature
Principal Magistrate/Members
Juvenile Justice Board
FORM 10
[See rules 11(9) and 74(3)(xiii)]
PERIODIC REPORT BY PROBATION OFFICER WHEN A CHILD IS RELEASED ON PROBATION
Case Number: ……………………………..
FIR No……………. Police Station …………..U/Sections……………
In the matter of……………….. vs……………………………………
Whereas (name of the child) ………………….., age…………, has on…….
(date) been found to be a child in conflict with law, and has been placed under the
care of ……………… (parent/ guardian/ fit person/fit facility) and under the
supervision of
(name of Probation Officer)
Reg. No. :-
Age (approximately) :-
Sex:- Male / Female /
Name:-
Fathers Name:-
Religion:-
Whether pursuing
education: -
Whether pursuing skill Training
Language(s) known:-
Next court date:-
Whether engaged in
employment/apprenticeship
Date of admission (in case of fit
person/fit facility)
Case details and summary
…………………………………………………………………………………………………
………………………………………………………………………………………………….
1. Preliminary details:
(i) Visit Date: ………………./…………………../………………………..
(ii) Name of Parent / Guardian……………………………………………………
(iii)
Names of Other Adults Living in the Home and with whom the
Probation Officer interacted:
a.
b.
c.
2. Observations:
(i) Child’s behaviours …………………………………………………
(ii) Physical and mental health status/needs of child and
family…………………….
(iii) Inter-personal relationship of the child with
the
family…………………………….
(iv) Inter-personal relationship with friends………………………
(v)
Safety and supervision in the family…………………
(vi) Difficulties faced by the child…………………………
(vii) Difficulties faced by the family…………………………………………………..
(viii) Changes in the household…………………………………………………………
(ix) Engagement of child in any harmful behaviours(Examples could be
exhibiting bullying behaviour, violent outbursts, destructions, self-
harm, lying, defiance, impulsiveness, lack of empathy, sexually
deviant actions etc.)
……………………………………………………………………………
(x)
Time elapsed since last engagement in any anti-social behaviour
or harmful activities:
……………………………………………………………………
3. Visit to school/ vocational training centre
(i)
Name of the school/centre……………………………………………………….
(ii)
Name of the Teacher/Principal met …………………………………………….
(iii) Any unusual behaviour observed…………………………………………
(iv) Feedback received on the progress of the child
………………………………….
(v)
Attitude of the peers towards the child
…………………………………………..
(vi) Attitude of the child towards the peers
…………………………………………..
4. Visit to place of employment:
(i)
Nature of work……………………………………………………………….
(ii)
Working hours……………………………………………………………….
(iii) Attitude of the child towards work………………………………………..
(iv) Violation of any labour laws, Low wages or wages being withheld, if
observed and action taken against employer……………………………….
5. Did you spend time speaking with the child in a child-friendly environment
that is safe for the child Yes⬜
No⬜
If no, give reasons………………………………………………………..................
…………………………………………………………………………………………....
…………………………………………………………………………………………....
6. Progress made as per Rehabilitation and Restoration Plan under the Individual
Care Plan (refer, Form 7) in consultation with relevant experts:
…………………………………………………………………………………………………
…………………………………………………………………………………………………
…………………………………………………………………………………………………
………………………………………………………………………………………
(To use additional sheets if required)
7. Recommendations for modifications in Rehabilitation and Restoration Plan
under the Individual Care Plan , if any:
(To use additional sheets if required)
Prepared by: ……………………………………..…
Probation Officer
Date:…../.…./.…….
Plan: Date of next visit: …./…./………
Action point if any: ………………………………
Signature (Probation Officer)
FORM 11
[See rule 12(1)]
CASE MONITORING SHEET
(Separate Sheet may be used in case there are more than one child)
Juvenile Justice Board, District………………
Case No. .............................of
(Year)
Case Name: …………………………………………………..
Police Station ................................................
U/S................................................................
...
Date......................................................
...
FIR/ GD/ DD No.
.......................................
Name of Probation
Officer/Counselor...............................
Name of Lawyer .............................................
(If not represented provide Legal Aid Lawyer)
Name of IO
..............................................
Name of Child Welfare Police
Officer......
NATURE OF OFFENCE
PETTY
(maximum punishment upto three years)
SERIOUS
(maximum imprisonment for a term more than seven years but no minimum imprisonment or minimum
imprisonment of less than seven years is provided.)
PARTICULARS OF CHILD
Name
Parents/ Guardian with Contact No.
Present
address
Permanent address
DΑΤΕ ΑΝD ΤΙΜΕ CHILD WAS APPREHENDED
DATE AND TIME OF FIRST PRODUCTION
DATE OF MEDICAL EXAMINATION UNDER SECTION 54 Cr.P.C.
ΑGΕ DΕΤΕRΜΙΝΑΤΙΟΝ
Age on the date of offence
Date of age determination
Time taken for age determination
Determination by
BOARD
COURT
Evidence Relied:
Documents
Medical
CUSΤΟDΥ ΟF ΤΗΕ CHILD
In Observation Home/ Special Home/Place of Safety
Date of grant of
bail
Sent under supervision
From…./…./……..to …./…./……..
PROGRESS OF INQUIRY
Steps to be taken
Scheduled
Actual
Date
Date
Day 1: Social Background Report by Police (in Form No. 1)
Dated……..
Day 1: Consideration of Bail
Dated……..
Day 2: Age determination
Dated………
Day 2: SIR (Form No.6) by Probation Officer
Dated……….
Day 2: Section 173 CrPC Final Report by Police on completion
of Investigation
Dated……….
Day 3: Submission of Report on Provisions of further investigation, if any
Dated………
Day 3: Section 251 CrPC Notice
Dated……….
Day 4-6: Prosecution Evidence
(From……… to…….)
Depending on the number of witnesses continuous dates may be fixed)
Dated……..
Dated………
Dated……….
Day 7: Statement of child under Section 281 CrPC
Dated………..
Day 8: Defence Evidence
Dated………..
Day 8: Individual Care Plan (In case of child in institutional care
Individual Care Plan should be prepared within one month of
admittance
Dated……….
Day 9: Final Arguments
Dated………
Day 10: Dispositional (Final) Order
Dated………..
Day 11: Post Dispositional Review
•
Sponsorship
•
Schooling
•
Skill training
•
Health Services
•
Legal Support Services
•
Therapeutic Interventions
•
Sports and extra-curricular activities
•
Community service
•
Independent living skills
•
Linkage to government schemes
•
Provision of identification documents
•
After-care programme
Dated……….
Principal Magistrate
Social Worker
Social Worker
Seal
FORM 12
[See rule 12(2)]
QUARTERLY REPORT BY JUVENILE JUSTICE BOARD
District
Quarterly Report for the period: From…………… to…………..
Details of JJB
S.No.
Details
Date of Appointment
Training attended
1.
Principal Magistrate
2.
Member 1
3.
Member 2
CASES INSTITUTED DURING THE QUARTER:
PETTY
SERIOUS
HEINOUS
ΤΟΤΑL
Number cases
Number of Children
Children granted bail
VISIT TO JAILS BY BOARD
Date of Visit:
Whether any children found:
Action taken:
VISIT TO HOMES BY BOARD
Date of visit:
Name and Address of Home :
Remark:
Children sent to Observation
Home/Place of Safety/Special Home
Number of cases where Preliminary
Assessment Reports were submitted in
stipulated time (under Section 14(3).
PENDENCY OF CASES
Nature
of case
Old
cases
New
cases
Disposal
Current pendency
Less
than
4
months
4
months
to
6
Months
6
months
to 1
year
More than
1 year
Petty
Serious
Heinous
Total
FINAL ORDER
Total number of final orders passed
Discharged
Transfe
r to
CWC
Transfe
r to
other
JJB
Abated
on Death
Repatr
iated
to
Foreig
n
Countr
y
Transferred
to Children’s
Court
Declared
Compoun
ded & file
consigned
Termin
ated
under
rule
…….
(post-
product
ion
process)
Acquit
ted/
Findin
g of
comm
ission
in
offenc
e
Order
s for
rehabi
litatio
n
under
Sectio
n 18
Nature of Dispositional Orders where child has committed an offence
Number
of Orders
(a)allow the child to go home after advice or admonition by following
appropriate inquiry and counseling to such child and to their parents or the
guardian;
(b) direct the child to participate in group counseling and similar activities;
(c) order the child to perform community service under the supervision
of an organization or institution, or a specified person, persons or
group of persons identified by the Board;
(d) order the child or parents or the guardian of the child to pay fine:
Provided that, in case the child is working, it may be ensured that the
provisions of any labour law for the time being in force are not violated;
(e) direct the child to be released on probation of good conduct and placed
under the care of any parent, guardian or fit person, on such parent, guardian
or fit person executing a bond, with or without surety, as the Board may
require, for the good behaviour and child’s well-being for any period not
exceeding three years;
(f) direct the child to be released on probation of good conduct and placed
under the care and supervision of any fit facility for ensuring the good
behaviour and child’s well-being for any period not exceeding three years;
(g) direct the child to be sent to a special home, for such period, not
exceeding three years, as it thinks fit, for providing reformative services
including education, skill development, counseling, behaviour modification
therapy, and psychiatric support during the period of stay in the special
home;
(h) Orders that may be passed in addition to the above:
(i)attend school; or
(ii)attend a vocational training centre; or
(iii)attend a therapeutic centre; or
(iv)prohibit the child from visiting, frequenting or appearing at a
specified place; or
(v) undergo a de-addiction programme.
COMPLAINTS RECEIVED AND ACTION TAKEN
Date of Complaint
Nature of
Complaint
Nature of action
taken, if any
Whether resolved
SUGGESTIONS RECEIVED AND ACTION TAKEN
Date of
Suggestion
Nature of
Suggestion
Whether suggestion
was accepted
Action taken in pursuance
of suggestion
ATTENDANCE AT CHILDREN’S COMMITTEE AND MANAGEMENT COMMITTEE
MEETINGS
Nature of Meeting
(Children’s Committee/
Management Committee)
Date of Meeting,
and persons
attended
Issues
Presented
Decisions
taken
Principal Magistrate
Member –1
Member -2
FORM 13
[See rule 13(8)(v)]
PERIODIC FOLLOW UP REPORT OF A CHILD IN PLACE OF SAFETY
FIR No……………………………….. PS
U/Sections
In the matter of ……………………… vs. …………………………..
Whereas
(name
of the
child)
…………………..,age……….., has
on
………………(date) been found to be a child in conflict with law, and has been placed
in
(Name of place of safety)
Date of admission to place of safety – …./…./……..
Period of Review: From……………… to……………..
Name of the Child: …………………………………………………………………
Sex [Male/Female/Transgender]: …………
Father’s Name……………………………………………………………………
Mother’s Name…………………………………………………………….
Date of admission……………………………………………………………
Next date of hearing………………………………………………………..
1. Case details and summary:
…...……………………………………………………………………………………………
…………………………………………………………………………………………………
2. Individual Care Plan (Attach a copy)
…………………………………………………………………………………………………
….………………………………………………………………………………………………
3.Fortnightly progress made as per Individual Care Plan
…………………………………………………………………………………………………
…………………………………………………………………………………………………
4. Development of new interests
…………………………………………………………….……………………………………
……………………….…………………………………………………………….…………
5. Psycho-social progress made by the child: (to be prepared with the help of a
psycho-social expert)
…………………………………………………………….……………………………………
Name of expert:
Credentials of
expert:
I Mental Status Evaluation
a.
Appearance (Observed) - Possible descriptors: • posture, clothes,
grooming.
b.
Behaviour (Observed) - Possible descriptors: • Mannerisms, gestures,
psychomotor activity, expression, eye contact, ability to follow
commands/requests, compulsions
II Attitude (Observed) - Possible descriptors: • Cooperative, hostile, open,
secretive, evasive, suspicious, apathetic, easily distracted, focused, defensive.
III Level of Consciousness (Observed) - Possible descriptors: • Vigilant, alert,
drowsy, lethargic, stuporous, asleep, comatose, confused, fluctuating.
IV Orientation (Inquired) – Possible questions: • “What is your full name?”
• “Where are we at (floor, building, city, county, and state)?” • “What is the full
date today (date, month, year, day of the week, and season of the year)?” •
“How would you describe the situation we are in?”
IV Speech and Language (Observed) A. Quantity - Possible descriptors: •
Talkative, spontaneous, quiet B. Rate - Possible descriptors: • Fast, slow,
normal, pressured. C. Volume (Tone).
V Mood (Inquired): A sustained state of inner feeling – Possible questions: •
“How are you feeling?” • “Have you been discouraged/depressed/low?” •
“Have you been energized/elated/high/out of control lately?” • “Have you been
angry/irritable?”
VI Affect (Observed): An observed expression of inner feeling.
VII Thought Processes or Thought Form (Inquired/Observed): logic, relevance,
organization, flow and coherence of thought in response to general questioning
during the interview. - Possible descriptors: goal- directed, circumstantial, loose
associations, incoherent, evasive, perseveration.
VIII Thought Content (Inquired/Observed)
IX Suicidality- Assessment
X Homicidality – Assessment
XI Insight (Inquired/Observed) –
XII Attention (Inquired/Observed) –
XIII Feelings of guilt/ remorse: present/ absent
6.
Details of the Rehabilitation Programme in the Place of Safety and the
nature of the child’s engagement with the same:
A. Current Profile of staff and other services providers providing
rehabilitative services at the Place of Safety:
(i)
Number of sanctioned staff,
(ii)
Vacancies
Kindly attach resume and job description of each of the
staff with supporting documentation.
(iii)
List of external experts, NGOs and fit facilities that the
Place of Safety has built linkages with.
B. Nature of services available as part of Rehabilitation Program as
required under Section 53(1):
(i) basic requirements such as food, shelter, clothing and medical
attention as per the prescribed standards;
(ii) equipment such as wheel-chairs, prosthetic devices, hearing aids,
braille kits, or any other suitable aids and appliances as required,
for children with special needs;
(iii) appropriate education, including supplementary education, special
education, and appropriate education for children with special
needs:
Provided that, for children between the age of six to fourteen years,
the provisions of the Right of Children to Free and Compulsory
Education Act, 2009 shall apply;
(iv) skill development;
(v) occupational therapy and life skill education;
(vi) mental health interventions, including counselling specific to the
need of the child;
(vii) recreational activities including sports and cultural activities;
(viii) legal aid where required;
(ix) referral services for education, vocational training, de-addiction,
treatment of diseases where required;
(x) case management including preparation and follow up of individual
care plan;
(xi) birth registration;
(xii) assistance for obtaining the proof of identity, where required; and
(xiii) any other service that may reasonably be provided in order to
ensure the well-being of the child, either directly by the State
Government, registered or fit individuals or institutions or through
referral services.
7. Status of child’s engagement with the current Rehabilitation Programme in
the Place of Safety:
• Motivation for the programme……………………………………………………
• Level of cooperativeness…………………………………………………………..
• Regularity…………………………………………………………………………….
• Quality of work/performance: (to attach progress reports from
programme) ………………………………………………………
8.
Impact of institutionalization on the person…………………………………
(a) Peer Interaction……………………………………………………………
(b) Staff interaction………………………………………………………………………
(c) Participation in activities………………………………………………
(d) Health and hygiene……………………………………………………………………
(e) Any other observations………………………………………………………
9.
Approach to evaluation/periodic
follow ups………………………………………
10.
Willingness /ability to participate in treatment and rehabilitation in
programs/facilities, consistent with public safety.
RECOMMENDATIONS (including whether the person may be released or
released on conditions or requires further institutionalization with
justification)
A: Recommendations for strengthening the institutional mechanism
B: Recommendations concerning the person:
DATE
:
/
/
PLACE
:
NAME
:
DESIGNATION
:
SIGNATURE
:
Recommendations/Findings: ………………
Prepared by: ……………………………………..…
(Probation Officer …../.…./.… (date)
Signature / Seal
FORM 14
(See rules 6(1)(ii), 13(8)(vii)(c)(ad), 21(1)(vii), 24(25), 75(3)(viii), 79(E)(2), 79(I)(4), 79(J)(1) and 79(J)(3))
REHABILITATION CHART
FIR No./Case No.: ……………………………….
U/Sections: ……………………………………
PS: …………………………
Nature of Offence: □Heinous □Serious □Petty (in case of child in conflict with law)
Name of Probation Officer/Child Welfare Officer/Rehabilitation cum
Placement Officer: ………………………………………………..
Name of the child: ……………………………..
Age: ………….
Sex [Male/Female/Transgender]: ………………..
Father’s name: ……………………………………………………
Mother’s name: ……………………………………………………
Admission No.: ……………………………………………………
Date of Admission: …./…./……..
Date of Provisional Release / Release: …./…./…….
Services availed under Individual Care Plan –
Indicators
Child’s expectation from care and protection
First Month
Plan :
Outcome :
Date:
Name:
Designation:
Signed by JJB/ CWC
Second
Month
Plan :
Outcome :
Date:
Name:
Designation:
Signed by JJB/ CWC
Third
Month
Plan :
Outcome :
Date:
Name:
Designation:
Signed by JJB/ CWC
Fourth
Month
Plan :
Outcome :
Date:
Name:
Designation:
Signed by JJB/ CWC
Health and Nutrition
First
Month
Plan :
Outcome :
Date:
Name:
Designation:
Signed by JJB/ CWC
Second
Month
Plan :
Outcome :
Date:
Name:
Designation:
Signed by JJB/ CWC
Third
Month
Plan :
Outcome :
Date:
Name:
Designation:
Signed by JJB/ CWC
Fourth
Month
Plan :
Outcome :
Date:
Name:
Designation:
Signed by JJB/ CWC
Emotional and psychological support needed
First
Month
Plan :
Outcome :
Date:
Name:
Designation:
Signed by JJB/ CWC
Second
Month
Plan :
Outcome :
Date:
Name:
Designation:
Signed by JJB/ CWC
Third
Month
Plan :
Outcome :
Date:
Name:
Designation:
Signed by JJB/ CWC
Fourth
Month
Plan :
Outcome :
Date:
Name:
Designation:
Signed by JJB/ CWC
Education and Training
First
Month
Plan :
Outcome :
Date:
Name:
Designation:
Signed by JJB/ CWC
Second
Month
Plan :
Outcome :
Date:
Name:
Designation:
Signed by JJB/ CWC
Third
Month
Plan :
Outcome :
Date:
Name:
Designation:
Signed by JJB/ CWC
Fourth
Month
Plan :
Outcome :
Date:
Name:
Designation:
Signed by JJB/ CWC
Leisure, creativity and play
First
Month
Plan
Outcome
Date:
Name:
Designation:
Signed by JJB/ CWC
Second
Month
Plan
Outcome
Date:
Name:
Designation:
Signed by JJB/ CWC
Third
Month
Plan
Outcome
Date:
Name:
Designation:
Signed by JJB/ CWC
Fourth
Month
Plan
Outcome
Date:
Name:
Designation:
Signed by JJB/ CWC
Attachments and Interpersonal Relationships
First
Month
Plan
Outcome
Date:
Name:
Designation:
Signed by JJB/ CWC
Second
Month
Plan
Outcome
Date:
Name:
Designation:
Signed by JJB/ CWC
Third
Month
Plan
Outcome
Date:
Name:
Designation:
Signed by JJB/ CWC
Fourth
Month
Plan
Outcome
Date:
Name:
Designation:
Signed by JJB/ CWC
Self Care and Life Skill Training for Protection from all kinds of abuse, neglect and
maltreatment
First
Month
Plan
Outcome
Date:
Name:
Designation:
Signed by JJB/ CWC
Second
Month
Plan
Outcome :
Date:
Name:
Designation:
Signed by JJB/ CWC
Third
Month
Plan
Outcome :
Date:
Name:
Designation:
Signed by JJB/ CWC
Fourth
Month
Plan
Outcome :
Date:
Name:
Designation:
Signed by JJB/ CWC
Independent living skills
First
Month
Plan
Outcome :
Date:
Name:
Designation:
Signed by JJB/ CWC
Second
Month
Plan
Outcome :
Date:
Name:
Designation:
Signed by JJB/ CWC
Third
Month
Plan
Outcome :
Date:
Name:
Designation:
Signed by JJB/ CWC
Fourth
Month
Plan
Outcome :
Date:
Name:
Designation: Signed by JJB/ CWC
Any other such as significant experiences which may have impacted
the development of the child like trafficking, domestic violence,
parental neglect, bullying in school etc.
First
Month
Plan
Outcome :
Date:
Name:
Designation:
Signed by JJB/ CWC
Second
Month
Plan
Outcome :
Date:
Name:
Designation:
Signed by JJB/ CWC
Third
Month
Plan
Outcome :
Date:
Name:
Designation:
Signed by JJB/ CWC
Fourth
Month
Plan
Outcome :
Date:
Name:
Designation:
Signed by JJB/ CWC
Other services provided to the child, including compensation, other benefits
etc.:……………………………………………………………………………………………
Report of the detailed psychiatric assessment done by certified psychiatrist
to be attached along with Rehabilitation card:
……………………………………………………………………………………………
Date of report and reason for conducting the said assessment (Provisional Release /
Release/ Any other)
1. Overall progress shown by the child on the above mentioned aspects of
the Individual Care Plan
2. Child’s acceptance and understanding of their actions and its
consequences.
3. Child’s behaviour and conduct.
4. Whether the child has engaged in any criminal activity during the
rehabilitation period.
Signed by
Juvenile Justice Board / Child Welfare Committee
Form 14A
[See proviso to rule 14(2)]
REQUISITION FOR TEMPORARY ADMISSION OF CHILD IN CONFLICT WITH LAW IN
OBSERVATION HOME / PLACE OF SAFETY
To
The Officer in Charge of the Observation Home/ Place of Safety,
Whereas (Name
of
the
Child)
................................child of
............................... aged ........had been taken charge on (date)………… at(time)………from
(place)……………………………..
Please receive the said child and keep in your institution for night stay on
..../..../........ (date) until or up to such time produced before the Juvenile Justice Board
functioning at ................
I assure you that I shall take charge of the child and produce before the Board at
its first sittings of the Board immediately thereafter on ..../..../..........(Date)
Reason for taking charge of the child with relevant provisions and a brief
history of the incident:
Descriptive or Identification marks of the child.
1.
2.
Date
Name & Designation,
Signature of the CWPO/ Officer in Charge of Police Station
FORM 15
[See rule 21(1)(i)]
CASE SUMMARY MAINTAINED BY THE CHILD WELFARE COMMITTEE
Case No…………………………...
In Register…………………………………..
Case Record……………………..
1. Name of the child……………………………………………………..
2. Father’s/Mother’s/Guardian’s name (if available)………………….
3. Date of production of the child………………………………………
4. Location and circumstance under which the child was produced before the CWC
………………………………….
5. Name of person producing the child………………………………
6. A list of all follow up dates (of the child, before the Committee) ………………...
7. Orders passed by the CWC (tick as applicable)
(i) Declaration that child is in need of care and protection.
(ii) Finding on age of child
(iii)
Medical Examination
(iv)
Social Investigation Report
(v) Interim custody
(vi)
Undertaking (by parent, guardian or fit person, if applicable)
(vii) Order appointing Case Worker & NGO etc.
(viii) Order appointing Support Person (if applicable)
(ix)
Order for special relief under POCSO Rules (if applicable)
(x) Order for legal aid and assistance
(xi)
Order directing the police, DCPU, labour department or child line services in case of a
complaint of abuse of a child in any child care institution
(xii) Order directing the DCPU to transfer the child
(xiii) Escort order
(xiv) Order declaring a child legally free for adoption
(xv) Final Order (concluding inquiry)
(xvi) Any other order- specify.
8. Medical Records including but not limited to age verification………………….
9. Details of counseling provided to child……………………………………………
10. Details of counseling to parents/guardians
11. Social Investigation Report under Form 22…………………………………
12. Individual Care Plan under Form 7…………………………………………..
13. Rehabilitation Chart in Form 14…………………………………………………
14. Case History Form 43……………………………………………………………
15. All details, orders, documents and records with regards to Sponsorship/Foster Care/Adoption
services (if applicable).
Date:
Place:
(Seal and Signatures)
Child Welfare Committee
FORM 15A
[See rule 60(3)]
INTIMATION TO THE SPECIAL JUVENILE POLICE UNIT
This is to inform that the following child/children;
Name
Age
1.
2.
3.
4.
was/were found/brought/rescued on
(Date), at
(Time), from
(location andplace) in the presence/assistance of
(mention
departments/ agencies / persons involved).
The child was found/rescued from child labour/ trafficking/ child
marriage/reported missing or kidnapped/victim of sexual violence/victim of an
accident/abandoned/abandoned and found dead/eloped/is a victim of corporal
punishment/is a victim of physical violence/begging/a victim of unnatural
death/ found murdered
………………………………………………..(Circumstances in which the child
was found/brought/rescued).
A. Brief of the SHD Entry/NCR/FIR is as below:
B. Below are further observations that have been made on the condition of
the child/children:
Health condition (needing immediate medical or psychological treatment /
conscious / sedated / under the influence of intoxicants/ disoriented / etc
- Injuries visible (if any):
- Any special needs / disability:
-
Property and other belongings found with/on the child :
C. Production and Placement of the child/children:
The
child/children
was/were
produced
before the
Child Welfare
Committee
(District)
(Address) on
(Date), at
(Time) by
(Designation)………(Name),
The
child/children
was/were
placed for
temporary
shelter at
__________________________(Name of the Institution),
(Address), prior to the production before the said Child Welfare Committee.
The Child Welfare Committee has initiated processes to inquire into all issues related to and
affecting the safety and wellbeing of the child/children and the child/children has/have been
placed at
(Name & Address of the Institution) by the Child Welfare Committee and the
(Father
Name/ Mother Name/ Guardian
Name)
residing at
___________________________________(Address and contact) have been
informed of the same.
OR
The child/children have been reintegrated with their family/guardian/fit person,
(Name),
residing at
___________________________________________ (Address and contact details)
For information and necessary action of the SJPU.
Date:
Police Station:
Signature and Seal
Child Welfare Police Officer (Name and Designation)
To,
The Special Juvenile Police Unit
FORM 15B
[See Rule 60(4)]
INTIMATION TO PARENT/GUARDIAN REGARDING
CHILD IN NEED OF CARE AND PROTECTION
Your child/children/ward
Name
Age
1.
2.
3.
4.
was/were
found/
rescued
on
(Date), and at
(Time) from
(location/place).
The child/children was/were found/rescued
…………………………………………………………………….
…………………………………………………………………….
(Circumstances in which the child was found/rescued)
The Child Welfare Committee has initiated processes to inquire into all issues related
to and affecting the safety and wellbeing of the child/children and the child/children
has/have been placed at ……………………………….(Name & Address of the
Institution) by the Child Welfare Committee.
You are hereby directed to present yourself to the Child Welfare Committee
……………, (District),
……………………………………………………………………. (Address and
contact details)
Date:
Police Station:
Signature and Seal Child Welfare Police Officer
(Name and Designation)
To,
Parent/Guardian
FORM 15C
(See Rule 60(11))
PRELIMINARY NEEDS AND RISK ASSESSMENT REPORT REGARDING A CHILD VICTIM
Personal Details
Name of the Child
Date of Birth or Age
Gender
Current living arrangement (living at
home/extended family/hostel/etc)
Language/s known (Read, Write, Speak)
Phone number
Email address
Social media handles
Education
Family
Economic status (daily wage laborer/ single
parent / unemployed / etc
Alcohol or substance abuse within the family
Issues of Domestic Violence within the family
Abuse (physical, emotional, neglect) by
family members
Abuse
Type of abuse, if any (sexual,
emotional, physical, mental,
economical)
Description of the offence
Relationship with the offender
Was a member of the family
abettor to the offence? If
yes, who?
Was the abuse a single isolated
incident or took place over a
period of time? and has there been
any prior intervention?
Has the offence (labour,
marriage, corporal
punishment, begging,
trafficking, incident in school,
sexual abuse, etc) been
reported previously?
Needs and Risk Assessment
Yes/No
Action
Taken/Required
Does the child have any form of
disabilities or special needs
(physical or intellectual)
Is the child/children in pain
Does the child/children have
physical injuries (bleeding,
fractures, etc)
Does the child have any other
medical symptoms (vomiting,
giddiness, fever, fatigue, etc)
Does the child seem to have
psychological
trauma
(crying
excessively,
depression, in shock, unable
to talk, etc)
Has the child undergone or is
undergoing medical or
psychological treatment due to
incident of the present case or
needs medical treatment on
account of offence?
Is there any indications or threat
of suicide or self-harm
expressed by the child/children?
Is the child addicted to / using any
intoxicating
substances
like
whitener (erazex or correctional
fluid), drugs, alcohol, cigarettes,
gutka, etc?
Is the child interacting with
adults or children on the
internet?
Is the child / children associated
with adults or children who
present risk or harm to the child
(sexual offenders, drug peddlers,
etc.)?
Is the child/ children a victim
of any other offence?
Does the child/children have
cash in hand or access to any
other source of finances?
Are the parents of the child /
children able to provide care
and protection?
Are the parents of the child /
children able to comprehend
the situation and the legal
procedures involved
Does the child / children require
the services of a Special Educator?
Does the child / children requires
the services of a
Translator/Interpreter
Is the child/ children likely
to discontinue education
Police Station:
Date:
Signature and Seal
Child Welfare Police Officer
(Name and Designation)
FORM 15D
[See rule 60(17)]
ORDER FOR APPOINTING SUPPORT PERSON
CONFIDENTIAL*
Child Welfare Committee,…………….
(Constituted under section 27 of the Juvenile Justice (Care and Protection of
Children) Act, 2015 and conferred powers of Judicial Magistrate of First Class
under Code of Criminal Procedure, 1973)
Reference No.
Date
To,
Investigating Officer,
Police Station- .....................................
(Address)
Subject: Appointment of Support Person for child victim under POCSO Act, 2012.
Reference: FIR no ……………….. Dated …………………….
Dear
In compliance of Rule 4(8) of Protection of Children from Sexual Offences
(POCSO) Rules, 2020 notified under Protection of Children from Sexual Offences
(POCSO) Act, 2012, Child Welfare Committee (CWC),
......................
(name
of
District),
has appointed
.................................................................., to be the Support Person for the
child..................................................., child of ............................................,
in FIR Number…………………………..
Police Station............................................, to render assistance during the process
of investigation and trial.
The Support Person (name) ..................................................................
will be the point of contact person for matters relating to the coordination of the
case and will discharge their duties as mentioned in the POCSO Rules, 2020
and other directions issued for this matter from time to time by the State
Government and/or the Child Welfare Committee itself.
Details of the Support Person
Name …………………………………………………………..
Government issued Identification Document………………………………………….
Address …………………………………………………………………..
Mobile Number ………………………………………….
Email ……………………………………………………
It is hereby informed that Investigation Officer
shall
intimate the Hon’ble Special Court established under the Protection of Children
from Sexual Offences (POCSO) Act, 2012 and/or the Juvenile Justice
Board
……………………………. (specify details), about the appointment of
……………………………………………….. as the Support Person for the child
………………………….child of ……………………………………………, within 24 hours of
receipt of this order, as mandated under Rule 4(10) of Protection of Children from
Sexual Offences (POCSO) Rules, 2020.
The role of the Support Person includes and is not limited to the following:
(1) Provide information and updates about the proceedings of the case
(2) Provide information about detention and bail of the accused, filing of the
charge sheet, etc.
(3) Provide information about the services (Medical, Psychological Counselling)
available.
(4) Provide assistance to the child’s parent or representative to get a copy of
the medical report, FIR, and the final report filed by the police.
(5) Inform child and family about the potential outcome of the case.
(6) Inform child and family about the availability of victim compensation
scheme and assist with documentation and to file the same before the
competent authority
(7) Conduct of a guided tour of the Court premises for the child and the
child’s parent or guardian or the person the child trusts
(8) Convey concerns that the child and the child’s parent or guardian or the
person the child trusts may have regarding the child’s safety in relation to
the accused, the manner in which the child would like to provide testimony
and any other concerns to the relevant authorities.
(9) Any other work related to the case that may come up
Kindly extend necessary cooperation to the Support Person in order to
enable discharge of the above duties.
Thanking you,
(Seal of the Child Welfare Committee)
Chairperson/Member:
Member:
Member:
(Name)
(Name)
(Name)
Signature
Signature
Signature
CC: 1. Concerned court..............................................
2. District Child Protection Unit .................................
3. (Name of Support Person with address)
4. (Name of Parents/Guardian with address).
*This document shall only be shared with authorized persons to whom it has been copied
to.
FORM 15E
[See rule 60(23)]
ENTITLEMENT OF CHILD
Entitlement of children who have suffered violence or abuse to receive information and
services
S.No
Entitlements
Yes/No
1.
Has a copy of the FIR/NCR been handed over
to child/family/caregiver
2.
Was the child/children informed that the statement
of girl child is to be recorded by woman police officer
3.
Was the child provided immediate and free medical
care?
4.
Was the child/children informed regarding the
Child Welfare Committee (CWC), its roles and
scope of services?
5.
Was the child/children informed that their statement
before the police can be recorded at the child’s home
or any other place convenient to child
6.
Was the assistance of an interpreter or
translator provided where needed?
7.
Was the assistance of a special educator offered
for a child with special needs?
8.
Was the child and family/caregiver explained about
the requirement and procedure of medical
examination?
9.
Was the child provided counselling/therapy for
mental and psychological well being?
10.
Was the child and family/caregiver explained the
process for recording statement under Section 164
CrPC
11.
Was a Support Person appointed by the Child
Welfare Committee in cases of sexual violence?
12.
Was immediate financial aid provided by DCPU, on
the recommendation of CWC?
13.
Was the child and family/caregiver informed about
the victim compensation scheme and how to apply
for the same?
14.
Was the child and family informed that an
additional FIR can be filed if the accused or their
associates threatens /coerces /offers to ‘settle the
matter’?
15.
Was the child and family/caregiver explained about
the requirement and procedure for identification of
accused, including available safeguards
16.
Was
the
child/children
informed
about
the
availability of Para-legal volunteers and free legal aid
lawyers from the District Legal Services Authority
17.
Was the child and family/caregiver explained about
the requirement, provisions, procedure and safety
measures for Spot Mahazar
18.
Was the child explained the reason/s along
with available options, for placement in a
Child Care Institution or in the custody of a fit
person?
19.
Was the child and family/caregiver informed about
the Witness Protection Scheme and about the District
Standing Committee?
20.
Were necessary measures taken to keep the
accused away from child/children at all times,
during investigation and trial.
21.
Were contact details of Investigating Officer, District
Magistrate and the Superintendent of Police provided
to child and family/caregiver.
Date:
Police Station:
Signature and Seal
Child Welfare Police Officer
(Name and Designation)
I have received a copy of ‘Form 15E ’
(Signature of Child/Parent/Guardian)
FORM 16
[See rules 21 (1)(vi), 21(1)(vi)(a) and 25(2)]
QUARTERLY REPORT BY CHILD WELFARE COMMITTEE
District:
Quarterly Report for the period: From............... to..............
Details of Child Welfare Committee
Sl.N
o.
Details
Date of
Appointment
Training
attended
1.
Chairperson
2.
Member 1
3.
Member 2
4.
Member 3
5.
Member 4
Summary of decisions taken at the Quarterly meeting datedwith
the District Magistrate or the nominee
1.
2.
3.
Action taken on the issues raised during the previous quarterly meetings
S.
No
Meeting
Date
Brief description of Issue
Action
Taken
Status
Details of Cases with Child Welfare Committee
Number of cases at
the beginning of
quarter
(A)
Number of cases
received during the
quarter
(B)
Number of
cases disposed
of during the
quarter
(C)
Number of cases
pending at the end
of the quarter
(D) = A + B -C
Details of Pending cases
Duration of pendency
Number of cases
Reasons for pendency
Less than 4 months
4- 6 months
6-12 months
More than 1 year
Details of Cases of Children Restored to Parents/ Guardians/ Relatives
S.
No
Number of Children Restored
Same District
Other District -in Karnataka
Other State
Total
Wit
h
Par
ent
s
With
Guar
dians
With
Relat
ives
Follow
up
Recomm
ended
Dis
trict
Na
me
Wit
h
Par
ent
s
Wi
th
Gu
ard
ian
s
With
Relati
ves
Foll
ow
up
Rec
om
men
ded
State
Name
Wit
h
Pare
nts
With
Guard
ians
With
Rela
tives
Follo
w up
Reco
mmen
ded
TO
TA
L
Cases of Children Repatriated/ Transferred to Other Districts / States
State
District
Child Welfare Committee
Number of cases
Total:
Number of cases Repatriated to Another Country: ____________
Details of Cases of Deaths of Children in Child Care Institutions
S.
No
Name of the
Deceased Child
Cause of
Death
Date of
Death
Name of
CCI where
child was
residing
Period of
Stay in CCI
Has the
process
of death
reporting
been
followed?
Details of Cases of Runaway / Missing Children from Child Care Institutions
S.
No
Name of
the Child
Date on
which
the child
was
missing
from
CCI
Name of
CCI
where
child was
residing
Complaint
Number
with date
FIR
number
with date
If the
child was
traced, the
date on
which
child was
found
Brief
details of
child’s
case (type
of case)
Details of Cases of Deaths of Children Placed in Foster Care
S.
No
Name of the
Deceased Child
Cause of
Death
Date of
Death
Name of
Foster
Family /
Group
Foster Care
with whom
child was
residing
Date of
Placement
with Foster
Family/
Group
Foster Care
Has the
death
been
reported
as per
guidelines
Details of Cases of Runaway / Missing Children from Foster Care
S.
No
Name of the
Runaway / missing
child
Date on
which the
child was
missing
from
foster
care
Name of
Foster
Family/
Group
Foster Care
with whom
child was
residing
Complaint
Number
and date
FIR
number
and date
If the child
was traced,
the date on
which child
was found
FINAL ORDERS
Total number of final orders passed during the quarter:_______
Restor
ed to
Parent
s/
Guard
ians/
Relati
ves
Pla
ced
wit
h
Fit
Per
son
Pla
ced
in
Fos
ter
Car
e
Decl
ared
Lega
lly
free
for
adop
tion
Ordere
d for
Sponso
rship
Ord
ered
for
Afte
r
Care
Plac
ed
in
CCI
in
Dist
rict
Plac
ed
in
Fit
Faci
lity
Transf
erred
to
anothe
r CCI
Transf
erred
to
anothe
r
CWC
in
Karnat
aka
Transf
erred
to a
CWC
in
anothe
r State
Repatr
iated
to
Foreig
n
countr
y
Recomm
ended to
JJB for
filing
FIR
Reco
mmen
dation
s with
respec
t to
offenc
es
comm
itted
agains
t the
child
Initiate
process
of
compen
sation
to child
COMPLAINTS RECEIVED AND ACTION TAKEN
Date on which
the
Complaint Box
was checked
Date of
Complai
nt
Nature
of
Complai
nt
Nature of
Action
Taken, if
any
Whether complaint is
resolved
SUGGESTIONS RECEIVED AND ACTION TAKEN
Date on which
the Suggestion
box was
checked
Date of
Suggestion
Details of
Suggestion
Whether
suggestion
wasaccepted, and
ifnot, thenreasons
for thesame
Action taken
in
pursuanceofs
uggestion,if
any
Attendance at Children’s Committees
Date of
Meeting
Names of
Participants
Issues
Presented
Decisions taken
ATTENDANCE AT CONVERGENCE MEETINGS
Date
of
Meeti
ng
Names of the CWC
Members who
Participated
Issues
Present
ed
Decisions
taken
VISIT TO Registered CCI / RECOGNISED FIT FACILITY BY CHAIRPERSON/ MEMBERS
Date of
Visit
Name and Address of CCI/
Registered Fit Facility
Remarks/Suggestions of
Committee
VISIT TO NON-REGISTERED RESIDENTIAL FACILITY BY CHAIRPERSON/ MEMBERS
Date of
Visit
Name and Address of
Residential Facility
Remarks/Suggestions of
Committee
VISIT TO FIT PERSON/ FOSTER FAMILY/ GROUP FOSTER CARE BY CHAIRPERSON/ MEMBERS
Date of
Visit
Name and Address of Foster Family/
Group Foster Care
Remarks/Suggestions of
Committee
Any other matter that may be reported to the District Magistrate
Date:
Signature of Chairperson and all Members
Seal
FORM 16A
[See rule 53(1) and 53(2)]
MONTHLY REPORT OF THE CHILD WELFARE COMMITTEE TO THE STATE ADOPTION RESOURCE
AGENCYAND CENTRAL ADOPTION RESOURCE AUTHORITY
Child Welfare Committee:
District: Reporting Month, Year
PART-A: CHILDREN DECLARED LEGALLY FREE IN THE CURRENT MONTH
I. Summary information of children declared legally free for adoption
Child Category
No. of cases pending
from previous month
No of new cases
produced during
the month
Total number of children
declared legally free for
adoption during the
Month
M
F
Trans gender
M
F
Trans gender
M
F
Trans gender
Orphan
Abandoned
Surrendered
Other
(specify)
Total
II List of children declared legally free for adoption during the current month
S.
N
o
Name of
the
Child
Dat
e
of
Birt
h
Gender
Date
of
production
before
CWC and
case no
Name and
address
of the CCI/ SAA
that produced the
child
Category
orphan/
abandone
d/
surrendere
d
Date on
which
child is
declared
LFA
PART B: PENDING CASES
III.
Summary of cases pending for decision with breakup by pendency period
Orphan
Abandoned
Surrendered
Children for
0-2
Children
> 2 years
and <18
years
Children for
0-2
Children > 2
years and <18
years
Children 0-18
years
Total
Pending for >
2 months
Pending
for > 4
months
Pending for >
2 months
Pending
for > 4
months
Pending for >
2 months
M
F
M
F
M
F
M
F
M
F
IV: List of children whose certificate declaring them legally free for adoption is pending
S
.
N
o
Nam
e
of
the
Chil
d
Da
te
of
Birt
h
S
e
x
Date
of
production
before CWC
and case no
Name and
address of
the
CCI/SAA
which
produced the
child
Category
(Orphan/
Abandoned/
Surrendered)
Date of receipt
of application
from CCI/SAA
for declaring
the child LFA
Reasons
why case is
pending
Date:
Signature of Chairperson and all Members
Seal
FORM 17
[See rules 23(3) and 24(33]
REPORT TO BE SUBMITTED AT TIME OF PRODUCTION OF CHILD BEFORE THE
COMMITTEE
Case No............................
Produced before the Child Welfare Committee..............................................
Date of production........................... Time of production..........................
Place of production.......................................
Part 1: Particulars of the Child
1. Details of person who is producing the child:
(i) Name of the person, including aliases, if any ...............................
(ii) Age.............................
(iii) Sex [Male/Female/Transgender]: ………….
(iv) Address/Place of last stay.....................
Landmark near address/place of last stay
(v) Contact number.....................
(vi) Occupation/ designation....................
(vii)
Name of the organization/CCI/SAA/Individual ......................
2. The child who is being produced:
(i) Name, including aliases, if any.............................
(ii) Age (stated age/ age based on appearance) ...............
(iii) Sex [Male/Female/Transgender]: ………….
(iv) Identity mark/s.............................................
(v) Language(s) used by the child.............................
3. Details of parents / guardians (if available):
(i) Name .......................................
(ii) Age.........................................
(iii)Address/place of last stay:
.......................................................................................................................
Landmark near address/place of last stay: .......................................................
(iv) Contact number: ............................
(v) Occupation: .......................................
Part B: Case Particulars
4. Place where the child was found..................................
5. Circumstances under which the child was found………………….
6. The details of the person (if any) with whom the child was found:
i. Name ...........................
ii. Age..................................
iii. Address.....................................
iv. Contact number..............................
v. Occupation............................
7. Circumstances under which the child was found............................
8. Allegation by the child of any offence/ abuse committed on the child in any
manner...........................
9. Physical condition of the child..................................................
10. Belongings of the child at the time of production...................................
11. Date and Time at which the child came to the CCI/SAA...............................
12. Immediate efforts made to trace family of the child, if any
...................................
13. Medical treatment, if provided to the child, if any ...................................
14. Whether police has been informed, within 24 hours ...............................
Signature/ Thumb impression of the child
Signature/ Thumb impression of the person who produced the child
Police-Local Police/Special Juvenile Police Unit/ designated child welfare police
officer / Railway Police/Probation Officers/ any public servant/Social Welfare
Organization/Social Worker/ Person in-charge CCI/ SAA/ any citizen/Child
himself/herself/themselves (fill as applicable)
FORM 18
[See rules 19(21), 23(6), 23(13) and 24(34)]
ORDER OF PLACEMENT OF A CHILD IN AN INSTITUTION
(Children’s Home/ Specialised Adoption Agency/Fit Facility)
Case No………………………………
To,
The Person-in-Charge,
Name of the Children’s Home/ Specialised Adoption Agency/Fit Facility:
District
Whereas on the …………………..day of …………….20 …………. (name of the
child) …………………….,child of ………………. aged ………..residing at
…………………. being in care and protection under the Juvenile Justice (Care and
Protection) Act 2015 is ordered by the Child
Welfare Committee
…………………, to be kept in the Children’s Home/Specialised Adoption Agency/Fit
Facility ……………………..for a period of …………………
This is to authorize and require you to receive the said child in your charge,
and to keep the child in the Children’s Home/ Specialised Adoption Agency/Fit
Facility
……………….. for the aforesaid order to be carried into execution according to law.
The concerned official shall upload the details in case of an orphan or abandoned
child in the Track Child/portal designated by the state or central government.
Given under my hand and the seal of Child Welfare Committee.
This ……………. day of ………………………..
(Signature)
Chairperson/ Member Child Welfare Committee
Encl: Copy of the orders, particulars of home and previous record, case
history and individual care plan, as applicable:
FORM 19
[See rules 23(9) and 24(12)]
ORDER FOR PLACEMENT OF CHILD UNDER THE CARE OF A PARENT, GUARDIAN OR FIT
PERSON PENDING INQUIRY
Case No______________________________
In Re: …………………………………………
Whereas (name of the child) …………………… has on …………….(date) been found to
be in need of care and protection, and is placed under the care and supervision of
(name)…………………….. (address)…………………..on executing an undertaking by the said
………………….. and the Committee is satisfied that it is expedient to deal with the said child
by making an order placing the child under supervision.
Reason for the child being produced before the Child Welfare Committee: …………………….....................
.............................................................................................................................
It is hereby ordered that the said child be placed under the supervision of
(name)………………………..
(address)………………………………for a period
of
……………………………………….. This shall be subject to the following conditions that:
1. The child along with the copies of the order and the bond, if any, executed by the
said…………………………. shall be produced before the Committee as and when required by
the person executing the undertaking.
2. The child shall reside at ……………………….. for a period of ………………….
3. The child shall not be allowed to leave the state jurisdiction of without
the permission of the Committee.
4. The child shall go to school/ vocational training centre regularly that the child has
been admitted to. The child shall attend ……………….(name of) school/ vocational
training centre (if already identified) at ………………….(address of school/ vocational
training centre).
5. The person under whose care the child is placed shall arrange for the proper care,
education and welfare of the child.
6. Best efforts shall be taken to prevent the child from associating with undesirable
characters and from coming in conflict with law.
7. Best efforts shall be taken to prevent the child from taking narcotic drugs or psychotropic
substances or any other intoxicants.
8. The directions given by the Committee from time to time, for the due observance of the
conditions mentioned above, shall be carried out.
Dated this
day of
20
(Signature)
Chairperson/ Member Child Welfare
Committee
NOTE: Additional conditions, if any may be inserted by the Child Welfare Committee
FORM 20
[See rule 23(9)]
UNDERTAKING BY THE PARENT OR GUARDIAN OR ‘FIT PERSON’
I .........................resident of House no.................. Street.................
Village/Town............District..................
State
....................do
hereby declare that I am willing to take charge of (name of the child).................
Aged....... under the orders of the Child Welfare Committee......................
subject to the following terms and conditions:
1. I shall do my best for the welfare and education of the said child as long as
the child remains in my charge and shall make proper provision for the
child's maintenance.
2. In the event of an illness, the child shall have proper medical attention
in the hospital. I shall inform the Committee in case of medical
emergencies
3. I agree to adhere to the conditions that may be imposed by the
Committee from time to time and also to keep the Committee informed
about the compliance with the conditions.
4. I undertake to produce the child before the Committee as and when
required.
5. I shall inform the Committee immediately if the child goes out of my
charge or control.
Date this ..................day of....................
Signature of the person giving the
undertaking
Signed before Child Welfare Committee
FORM 21
See Rule 24(3)
ORDER FOR SOCIAL INVESTIGATION REPORT OF CHILD IN NEED OF CARE AND
PROTECTION
Case Number: ………………
To:
Child Welfare Officer/ Social Worker/Case Worker/ Probation Officer/
representative of Non-Governmental Organization
Whereas a report under section 31 (2) of the Juvenile Justice (Care and
Protection of Children) Act, 2015 has been received from…………………………….in
respect of (name of the child)..............., aged (approximate)........., child of
..............................residing at........................, who has been produced before the
Committee under section 31 of the Juvenile Justice (Care and Protection of
Children) Act, 2015.
You are hereby directed to conduct Social Investigation as per Form 22
for the above child. You are directed to enquire into the socio economic and
family background of the said child.
You are directed to submit the Social Investigation Report on or
before……………….
(Date).
Dated this .............day of .......................20...........................
(Signature)
Chairperson/Member
Child Welfare Committee
FORM 22
(See Rule 24(13))
SOCIAL INVESTIGATION REPORT FOR CHILD IN NEED OF CARE AND PROTECTION
(Tick whichever is applicable)
1.
Sl. No……………………….
2.
Produced before the Child Welfare Committee…………………..
3.
Case No………………………………………
4.
Social Investigation Report Prepared by: District Child Protection Unit/ Social Worker/ Case
Worker/ Person in charge of Home/ representative of Non- Governmental Organization
5. Details of child in need of care and protection:
(i) Name…………………………………………………….
(ii) Age……………………………….. DD/MM/YY ………………………………..
(iii) Gender…………………………………………………………….
(iv) Caste: (tick as applicable)
General Scheduled Caste
Scheduled Tribe
Other Backward Class
Others, specify………
Not Known ……………..
(v) Religion……………………………………………………………
(vi) Father’s Name……………………………………………………
(vii) Mother’s Name ………………………………………………
(viii) Guardian’s Name………………………………………..
(ix) Permanent Address……………………………………….
(x) Landmark of the address………………………………
(xi) Address of last residence ……………………………
(xii) Contact information father/mother/family member/guardian…………
(xiii) Whether the child needs an interpreter/translator: Yes/ No
(xiv) Whether the child is- Orphan / Abandoned / Surrendered / Others
(xv) Previous institutional/case history and individual care plan, if any………………
(xvi) Family Details: (YES/NO) If yes, then:
S.N.
Name
and
Relation
s hip
A
ge
Sex
Educat
i on
Occupati
on
Inco
me
Heal
th
Stat
us
History
of
Mental
Illness
Addictio
n
(1)
(2)
(
3
)
(4)
(5)
(6)
(7
)
(8)
(9)
(10)
(xvii) Relationship among family members:
Father and mother
Cordial/Non cordial/Not known
Father and child
Cordial/Non cordial/Not known
Mother and child
Cordial/Non cordial/Not known
Father and siblings
Cordial/Non cordial/Not known
Mother and siblings
Cordial/Non cordial/Not known
Child and siblings
Cordial/Non cordial/Not known
Child and relative
Cordial/Non cordial/Not known
6. With whom was the child staying prior to production before the Committee: (tick as
applicable)
Parent(s) – Mother / Father / Both
Siblings / Blood relative
Guardian(s) – Relationship
Friends
On the street
Night shelter
Orphanages / Hostels/ Similar Homes
Child Care Institution:
Children’s home
Shelter home
Specialised Adoption Agency
Fit Facility
Other (please specify)……………………………..
7.
In case of orphan and abandoned child-
a. Where was the child found? ……………………………….
b. What steps are being taken to trace the biological parents/relatives of the child? Please
specify….
c. If the biological roots of the child are known and both parents of the child are
dead, reasons for death of both parents …………………………..
8.
Whether the child needs to be repatriated: Yes/No. If yes:
Inter- district repatriation
Inter- state repatriation
Inter- country repatriation
9. Whether child is eligible for the benefit of sponsorship: Yes/No
10. Whether the child is eligible for any scheme or entitlement. Yes/No (If Yes, please
specify) …………………
11. Whether child has received any kind of compensation in regard to the demise of
any parent: Yes/No; Please specify ………………………..
12. Whether child should get benefit under clause (c) of sub-section (1) of section of
Section 12 of the Right to Education Act, 2009: Yes / No
13. Financial support recommended for the child:
a. Whether the child’s parents had any property/FD/Cash/Insurance/bank accounts
prior to their sudden demise: Yes/No; Details thereof……………
b. Whether the child’s parents have any loans, mortgages, financial liabilities? Yes/ No.
Details thereof…………………………………………
c. Whether the child’s parents have any collateral against that mortgage? Yes/ No.
Details thereof………………………………………………….
d. Whether the child’s parents have any family business? Yes/No. Details thereof….
e. Whether the child has acquired any right/share in the property (self-
acquired/ancestral) from the deceased parent: Yes/No; Details thereof…………….
14. Details of education of the child:
a.
Whether the child has received education: Yes/No
b.
If yes, specify education up to which class…………………
c.
If the child is enrolled in school, then name of the school-…………….
d.
Whether the school of the child is registered on Unified District Information System for
Education, if Yes, state Unified District Information System for Education Code…………………
e.
Type of school- Government/ Private.
f.
Whether the child has been enrolled in special training centre. Yes/No. If Yes specify duration of
enrolment of child in Special Training center……………………………………
g.
Whether the Special Training Center was Residential/Non- Residential
h.
The reason for leaving School (tick as applicable)
◻ Failure in the class last studied
◻ Lack of interest in the school activities
◻ Indifferent attitude of the teachers
◻ Peer group influence
◻ To earn and support the family
◻ Sudden demise of parents
◻ Bullying in school
◻ Rigid school atmosphere
◻ Absenteeism followed by running away from school
◻ There is no appropriate level of school nearby
◻ Abuse in school
◻ Humiliation in school
◻ Corporal punishment
◻ Medium of instruction
◻ Others (please specify)………………………………………………
i.
Attitude of class mates towards the child (If applicable) ………………
j.
Child’s opinion of Attitude of teachers and classmates towards the child (If Applicable) ………
k.
Vocational Training (if any)…………………………………….
15. Other factors of importance if any………………………………………….
16. Habits of the child: (tick as applicable)
Watching TV/movies
Playing indoor/outdoor games
Reading books Drawing/painting/acting/singing
Religious activities
Begging
Gambling
Alcohol consumption
Smoking
Drug use, if yes, specify………………………….
Any other, please specify………………………………
Brief description of the habits selected: …………………………..
17. Extra-curricular interests……………………………………………………..
18. Outstanding characteristics and personality traits…………………………….
19. Majority of the friends are (tick as applicable)
Those attending school
Those who do not attend the school
The same age group
Older in age
Younger in age
Male
Female
Addicts
Children in conflict with law
People with criminal background
20. If child is friendly with adults, please specify…………………………
a. Attitude of the child towards friends………………………………………..
b. Attitude of friends towards the child………………………………………….
21. Observation about neighbourhood(to assess the influence of neighbourhood on the child)……………….
22. Whether the child has any addiction- YES / NO, if yes, specify……………..
23. In case the child is with disability or special needs or is terminally ill (Please Specify):
A. Health status of the child
(i) Respiratory disorders - present / not known / absent
(ii) Hearing impairment - present / not known / absent
(iii) Eye diseases- present / not known / absent
(iv) Dental disease- present / not known / absent
(v) Cardiac diseases- present / not known / absent
(vi) Skin disease-present / not known / absent
(vii) Sexually transmitted diseases- present / not known / absent
(viii) Neurological disorders- present / not known / absent
(ix) Mental handicap- present / not known / absent
(x) Physical handicap- present / not known / absent
(xi) Urinary tract infections –present / not known / absent
(xii) Others (please specify)………………..
B. Whether the child is differently abled- Yes or No, if yes, specify-
(a) Hearing Impairment
(b) Speech Impairment
(c) Physical disability
(d) Mental disability
(e) Locomotive disability
(f) Others (please specify)……………………….
C. Whether the child has a valid disability certificate. (If Yes, provide details)
D. Mental condition of the child: (Present and past)…………………….
E. Physical condition of the child: (Present and past)………………
F. Whether the child needs special education- Yes/No. If yes, specify:
G. Special education already included in the current school curriculum: Yes/No/Not Applicable
H. Whether the Child requires or has been using any medical equipment. (If yes, please specify)
……………
I.
Previous institutional/case history and individual care plan, if any……
J.
Whether the child is receiving any pension under disability schemes.: Yes/No (If yes then
specify)
……………….
K. Any other remark/observation…………………………………
24. In case the child belongs to Children in Street Situations/Trafficked/Involved in Drug Peddling/Child
Labour:
A. Whether the child belongs to any of the category under Children in Street Situations:
Yes/No. If yes, specify:
(i) Children without support living on the streets all alone
(ii) Children stay on the streets in the day and are back home in the night with their families
who reside in a nearby slum/hutments.
(iii) Children living on the streets with their families:
B. With whom was the child staying prior to production before the Committee:
(i)
Parent – Mother / Father / Both
(ii)
Siblings / Blood relative
(iii)
Guardian – Relationship
(iv)
Friends
(v)
On the street
(vi)
Night shelter
(vii)
Orphanages / Hostels/ Similar Homes
(viii)
Other (please specify)……………………………
C. If there is history/ tendency of the child to run away from home. Yes/ No. If yes:........................
(i) What is the parents’ attitude towards discipline in the home and child’s reaction…….
(ii) Reasons for leaving the family:
(a) Abuse by parent(s)/guardian(s)/step parents(s)
(b) In search of employment
(c) Peer group influence
(d) Incapacitation of parents
(e) Criminal record of parents
(f) Separation of Parents
(g) Demise of parents
(h) Poverty
(i) Others (please specify)…………………
D. Where was the child found, please specify ……….
E. Whether the child has been used for begging: Yes/No
F. Whether the child has been involved in rag-picking: Yes/No
G. Whether the child is used by any gangs or adults or group of adults or has been used for
drug peddling: Yes/No
H. Whether the child has been bought or sold or procured or trafficked for any purpose:
Yes/No, if yes:
I. Whether the child was trafficked with knowledge of parents: Yes/No
J. Whether the child was sold by the parents/relatives: Yes/No
If yes, then whether any action has been taken against the parents/relative: Yes/No
K. Whether the child was employed as a labour: Yes/No, if yes:
(i) Industry in which the child was employed…………………….
(ii) Whether the child has faced exploitation at work : Yes/No
(a) Extracted work without payment
(b) Little or low wages with longer duration of work
(c) Others (Please specify)……………..
(iii) Details of income utilization…………………..
(iv) Any occupational hazard faced by the child: Yes/No. If yes, specify………….
(v) Whether case filed against employer: Yes/No. If yes, specify case detail……….
(vi) Compensation provided to the child:
(a) Interim
(b) Final
(c) Child Labour Rehabilitation cum Welfare Fund
L. Previous institutional/case history and individual care plan, if any…………
M. Whether temporary shelter has been provided to child: Yes/No
N. Has any plan been made for rehabilitation of the child, specify……………….
O. Any other remarks/observation………………………………………
25. In case the child has faced any kind of abuse, including sexual abuse, or has been a victim of
any offence:
A. Whether the child is a victim of any offence: Yes/No
B. Types of abuse faced by the child:
(a) Verbal abuse– parents/siblings/ employers/others (please specify)…....…
(b) Physical abuse- parents/siblings/ Employers/others (please specify)…....…
(c) Sexual abuse by- (tick as applicable)
◻ relatives through blood
relatives through adoption
relatives through marriage
relatives through guardianship
persons in foster care
person living in the same or shared household
any person in the ownership, or management, or staff, of any institution
providing services to a child
any person in position of trust or authority
Others (please specify)
(d) Others– parents/siblings/ employers/others (please specify)…………
C. Types of ill- treatment met by the child:
(i) Denial of food– parents/siblings employers/other (please specify)…….
(ii)
Beaten mercilessly– parents/ Siblings/employers/other (please specify)
(iii)
Causing injury– parents/ siblings/employers/other (please specify)……
(iv)
Detention- parents/ siblings/employers/other (please specify)…………
(v)
Any other (please specify)………………..
D. In case of sexual abuse:
(i) Relationship with the perpetrator……………………
(ii) Gender of the perpetrator……………………
(iii) Age of the perpetrator……………..
(iv)
How the child came in contact with the perpetrator……………
(v) Any other child from the same place who is abused / harassed / taken / sent by the
perpetrator….
(vi)
Whether any other person/s were involved in the offence…………………
(vii)
Whether any compensation has been recommended to the child under
the Protection of Children from Sexual Offences Act, 2012: Yes/No.
If any other, please specify…………………………………..
E. Case/FIR registered by the police: Yes/No. If yes, specify Case No./ FIR No.……….……………..
F. Whether the child has been a victim of cyber-bullying: Yes/No. If yes:
(i) Cyber bullied while using internet system at home
(ii) Cyber bullied while using internet system in school
(iii) Cyber- bullied while attending school classes from home
G. Has the child been counselled: Yes/No, if yes, provide details…………….
H. Any other remark/observations…………………………
I. Previous institutional/case history and individual care plan, if any………………
26. In case the child is victim of child marriage or is married:
A. Name of the spouse…………………………….
B. Age of the spouse……………………………….
C. Date of marriage (DD/MM/YY)………………………………..
D. Place of marriage……………………..
E. Reasons for conducting marriage of the child…………………….
F. People who were involved in getting the marriage of the child conducted- i. Parents ii.
Relatives iii. Others.
G. If others, please specify…………………..
H. Whether any case has been registered by police:
Yes/No. If yes, provide details…………………………..
I.
If any action taken, details thereof………………………
J.
Any other remarks/observation…………………………..
27. Whether the child needs to be repatriated: Yes/No. If yes: (tick as applicable)
a.
Inter- district repatriation
b.
Inter- state repatriation
c.
Inter- country repatriation
OBSERVATIONS OF INQUIRY
28. Emotional factors…………………………………
29. Physical condition……………………………………
30. Social and economic factors…………………………….
31. Suggestive causes of the problems………………………
32. Analysis of the case, including reasons/contributing factors for the offence…
33. Reasons for child’s need for care and protection……………… ………..
34. Opinion of experts consulted:
a) Name of expert: ……………………………………………………
Designation, Qualification and Experience:……………………………………
Contact Details: ……………………………………………
Summary of opinion (copy of opinion attached)
…………………………………………………………………………………
35. Mental Health Expert assessment: ………………………………….
36. Cultural factors: …………………………………………….
37. Risk analysis for the child to be restored to the surviving parent/relatives/guardian……………….
38. Previous institutional/case history and individual care plan, if any…......
39. Recommendation of District Child Protection Unit/Case Worker/Social Worker
regarding psychological support, rehabilitation and reintegration of the child and
suggested plan……………………………..
List of Annexures with supporting documents and information.
Name and Designation of person who has prepared the Social Investigation Report
Contact information of the person:
Signature (of the person assigned)
FORM 23
[See rule 24(28)]
APPLICATION FOR SURRENDER OF CHILD(REN)
(A COPY OF THIS APPLICATION WITH COPIES OF DOCUMENTS SUBMITTED BY THE SURRENDERING PARENT(S)/ GUARDIAN(S)
SHOULD BE FORWARDED BY THE CHILD WELFARE COMMITTEE TO THE SPECIALISED ADOPTION AGENCY WHERE THE
CHILD(REN) IS PLACED)
Date ……….
To
Child Welfare Committee,
District……………….
I/ We………………(name of the applicant/s)
(relation with the
child) of……………….(name of the child), aged aboutyears , intend to surrender name of child)
before this Child Welfare Committee as:
Reasons for surrender:
Select all applicable reasons
Substantiate/ Justify
□Economic
□Health
□ Social
□Other
1. I/We have submitted self-attested copies of the following documents as a
proof of our identity and relationship with the child(ren) (tick the ones
submitted):
a) Aadhar card/Voter ID or other identity of the mother
b) Aadhar
card/Voter
ID
or
other
identity
documentation of surrendering person, if mother is not
the surrendering person
c) BPL card/ Ration card
d) Mother and child card of the mother (Thaayi card)
e) Prenatal check-up reports of the mother
f) Delivery reports of the child(ren)
g) Birth certificate of the child(ren)
h) Death certificate of parent(s)(in case one or both parent(s) are
deceased)
i) Other—- (specify)
2. I/We have been informed of the government schemes and programs
available, that aim to prevent surrendering the child(ren).
3. I/we have been counselled and informed: that I/we would have sign a deed
of surrender and that I/we can withdraw our consent until 60th day of
signing the deed of surrender, after which my/our consent will be irrevocable
and I/we shall have no claim whatsoever over the child or children.
4. I/ we have been made aware of the implications of surrender and are
conscious of the fact that after the 60th day from the date I/we sign the
surrender deed, the legal parent-child relationship between my/our child or
children and me/us will be terminated.
I am/we are consciously making this application before this Child Welfare
Committee. I/ we have not been forced or unduly influenced by any one to
take this decision of surrendering
(name of child(ren)). I/ we shall have no
objection if the child(ren) is given in adoption. I am/ we are fully aware of the
consequences of surrendering the child(ren).
Name and address.
Name and signature of the applicant(s)/
Thumb impression (if the CWC deems appropriate
(Signature of the Chairperson/ member before whom such application is submitted)
Name and Signatures of other Committee member/s present:
Name
Name
Name
Signature
Signature
Signature
Date :
Place
FORM 24
[See rule 24(29)]
DEED OF SURRENDER
(A COPY OF THIS DEED OF SURRENDER SHOULD BE HANDED OVER BY THE CHILD WELFARE
COMMITTEE TO THE SURRENDERING PARENT(S)/GUARDIAN(S) AND THE SPECIALISED
ADOPTION AGENCY WHERE THE CHILD(REN) IS PLACED)
Case No…………..
In Re………………….
1.
I/We, the undersigned……………… (Family name/First name(s)) residing
at…………,
surrendermy/ourchild(ren)
…………………………..(named)
aged………,havingdateofbirth………………… on our own and without any
coercion, compulsion, threat, payment, consideration, compensation of any
kind;
2. I/we have been counselled and informed:
(a) about the implication that I/we can withdraw our consent until 60th
day of this surrender deed after which my/our consent will be
irrevocable and I/we shall have no claim over the child or children.
(b) have been made aware of the implications of surrender and are
conscious of the fact that after the 60th day from the date of the
surrender deed, the legal parent-child relationship between my/our
child or children and me/us will be terminated.
(c) understand that my/our child may be adopted by a person(s) residing in
India or abroad and give my/our consent for this purpose.
(d) understand that the adoption of my/our child will create a permanent
parent-child relationship with the adoptive parent(s) and then I/we
cannot claim back the child.
3. I/we wish/do not wish (please tick whichever is applicable) my/our identity
and address to be disclosed to my/our child when the child returns for
root search.
4. I/we declare that I/We have read the above statements carefully and have
fully understood the same.
Done at ................ on..............
Signature or Thumb Impression of surrendering person(s)
5. Declaration by Witnesses
We the undersigned have witnessed the above surrender.
(a) Signature, Name and Address of the first witness
(b) Signature, Name and Address of the second witness
6. Certification of Child Welfare Committee
I/We hereby certify that the person and the witness(es) named or
identified above appeared before me/us on this date and signed this document in
our presence.
Done at........................................................... (place) on
(date)
Signature and Seal
Child Welfare Committee Chairperson/Members*
* If the surrendering parent is an unmarried mother, the Deed of Surrender may be executed in the
presence of preferably any single female member of the Child Welfare Committee as per 7(4) of
Adoption Regulations 2017
Form 24A
[See proviso to rule 24(29)]
Declaration by Parent(s)/Guardian(s) surrendering the children
(A COPY OF THIS DECLARATION BY THE SURRENDERING PARENTS/ GUARDIANS SHOULD BE
HANDED OVER BY THE CHILD WELFARE COMMITTEE TO THE SPECIALISED ADOPTION AGENCY
WHERE THE CHILD(REN) ARE PLACED)
Case No…………..
In Re………………….
I/We, the undersigned……………………. (Family name/First name(s)) residing
at…………………………………., have surrendered my/our child(ren)
………………………….. (named)
Aged…………,
having date of birth ………………… on our own and without any coercion,
compulsion, threat, payment, consideration, compensation of any kind, vide a
Deed of Surrender dated :……………………..
1. I/We will not disclose the identity of the child(ren) by publishing
photos, videos, medical records or writing articles about the incident in
electronic media, print media, social media or in any other media.
2. I/We may share oral information (without providing identifying
information of the child) to medical professionals, counselors,
psychiatrists, psychologists in the course of availing therapy/treatment
who are bound by oath to maintain confidentiality.
3. I/We will also educate my family members, friends, neighbours who know
about the incident about maintaining strict confidentiality.
4. I/ We confirm that a copy of the Deed of Surrender has been given to
me/us.
5. Please select one
□
I/we consent to be contacted or to present
myself/ourselves before the Child Welfare Committee at the end of
the 60 day reconsideration period for a final decision. Our contact
number / address is: Cell Number:
Address with
Landmark:
OR
□
I/we DO NOT consent to be contacted or to present
myself/ourselves at the end of the 60 day reconsideration period for a
final decision because: (Please specify reason why you do not want to be
contacted):
I/we declare that I/We have read the above statements carefully / above statements have been
explained to me and I/ we have fully understood the same.
Done at ................ on..............
[Signature or Thumb Impression of
surrendering person(s)]
Declaration by Witnesses
We the undersigned have witnessed the above surrender.
(a) Signature, Name and Address of the first witness
...........................................................................
...........................................................................
(b) Signature, Name and Address of the second witness
..........................................................................
...........................................................................
6. Certification of child welfare committee
I/We hereby certify that the person and the witness(es) named or
identified above appeared before me/us on this date and signed this
document in our presence.
Done at(place)
On(date)
Signature and Seal
Child Welfare Committee
Chairperson/Members*
* If the surrendering parent is an unmarried mother, this form may be signed in the
presence of preferably any single female member of the Child Welfare Committee as in the case of
Deed of Surrender (Form 24). The same set of CWC members who certified the Deed of Surrender
(Form 24) should certify this form too.
FORM 25
[See rule 24 (37)]
CERTIFICATE DECLARING THE CHILD LEGALLY FREE FOR ADOPTION
1. In exercise of the powers vested in the Child Welfare Committeeunder section
38 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of
2016), child…………… date of birth……………placed in the care of the
Specialized Adoption Agency/Child Care Institution(name and address) vide
order no …………….dated…………………of this Committee, is hereby declared
legally free for adoption on the basis of the following:
Please tick all that is applicable:
⬜Inquiry report of the Probation Officer/ Child Welfare Officer / Social Worker
/ Case Worker/any other (as the case may be);
⬜Deed of surrender executed by the biological parent(s) or the legal guardian of
the child before this Committee on (date)
;
⬜Declaration submitted by District Child Protection Unit and the Child Care
Institution or Specialized AdoptionAgency concerned to the effect that they
have made restoration efforts as required under sub section (1) of section 40 of
the Act, the rules framed there under and the Adoption Regulations, but,
nobody has approached them for claiming the child as biological parents or
legal guardian as on date of the said declaration;
⬜Consent of older child, in case applicable.
2. This is to certify that:
The biological parent(s)/legal guardian, wherever available, has/have
been counseled and duly informed of the effects of their consent including the
placement of the child or children in adoption which would result in the
termination of the legal relationship between the child and his or her or their
family of origin.
The biological parents/legal guardian have given their consent freely, in
the required form, and the consent have has not been induced by payment or
compensation of any kind and the consent of the mother (where applicable), has
been given only after the birth of the child.
The Specialized Adoption Agency/Child Care Institution to which the
aforesaid child is entrusted shall arrange to post the photograph and other
essential details of the child in the Child Adoption Resource Information and
Guidance System and shall place such child in adoption as per the procedure laid
down in the Act and Adoption Regulations.
Note: strike out the box(es) which are not relevant to the case]
[Note: Only one certificate may be issued in case of siblings or twins stating the
relationship.]
[Note: To facilitate adoption in the best interest of the child, the Specialized
Adoption Agency or District Child Protection Unit concerned, as the case may be,
is permitted to post the profile of the child, including photograph, Child Study
Report, Medical Examination Report and this certificate in the Child Adoption
Resource Information and Guidance System]
[Photograph of the child]
Names and Signatures
Chairperson and three members of the Child Welfare
Committee
Seal of the Child Welfare Committee
Date
Place
To: Specialised Adoption Agency/District Child Protection Unit - to post this certificate in
Child Adoption Resource Information and Guidance System (CARINGS).
Copy to: District Child Protection Officer (DCPO), Name of the District.
FORM 26
[See rule 25(1)]
CASE MONITORING SHEET FOR COMMITTEE
(Separate Sheet may be used in case there are more than one child)
Child Welfare Committee, District………………
Case No. .............................of.............................
Child’s Name:
Police Station
................................................
U/Section (where
applicable)....................................................
...............
Date.............................................
............
FIR/ GD/ DD No.
.......................................
Name of Probation Officer/Case Worker/ Child Welfare
Officer/Social Worker responsible for the child’s
case...............................
Name of IO
............................................
PARTICULARS OF CHILD
Name of the child
including aliases
Parents/ Guardian with
Contact No.
Present address
(including landmarks)
Permanent address
If child has siblings who are also admitted into the child protection system, the case
number of the siblings file
DATE AND TIME OF FIRST PRODUCTION BEFORE THE COMMITTEE
DATE OF MEDICAL EXAMINATION UNDER SECTION 54 Cr.P.C. (if any)
ΑGΕ DΕΤΕRΜΙΝΑΤΙΟΝ
Approximate age on Date of First Production
Date of age Determination:
Time taken for age determination:
Determination by:
Committee
Evidence Relied:
Documents
Medical
PLACEMENT OF THE CHILD
In
□Children’s Home
□Specialised Adoption Agency
□Fit Person
□Fit Facility
□Group Foster Care □Foster
Family
□Biological family
Placed under supervision
(Name of Institution/
Person)
Date of order
From…..
To………..
PROGRESS OF INQUIRY
Steps to be taken
(1)
Scheduled
Date
(2)
Actual
Date
(3)
Number
of
Days
from Actual Date of
first production
(4)
Date of first production
Day 1
Age determination
Date……..
Day
Order for SIR
Date…….
Day
Social Investigation Report (Form No.22)
Date………
Day
Dates of hearings conducted on this case
Purpose of inquiry and
outcome
Day
Submission of Report on provisions of
further investigation, if any
Dated……
Statement of Child
Dated……
Individual Care Plan (In case of child in
institutional care Individual Care Plan should
be prepared within one month of admittance)
Dated………….
Orders/directions passed with dates
Dispositional (Final) Order
Number of days
the child was in
the system
Post Dispositional Review of the child’s
progress
Dated…
Signature and Seal Child Welfare Committee
Chairperson
Member
Member
Member
Member
Member
FORM 27
[See rule 26(3) and 29(2)]
APPLICATION FOR REGISTRATION OF CHILD CARE INSTITUTION UNDER THE JUVENILE
JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015
1.
Detail of Applicant/ Institution which proposes to run the Child Care Institution:
(i) Type of Institution [Government/Non-government]: ………………
(ii) Name of the Institution / Organization………………………
(iii) Registration number and date of Registration of the Institution/ Organization
under the relevant act (Annex- Relevant documents of registration and bye-
laws, memorandum of association, registration under 12A and 80G of the
Income Tax Act) …………………………………………
(iv) Period of validity to run the Institution / Organization
……………………….
(v) Complete address of the Applicant/Institution/ organization …………………….
(vi) STD code/ Telephone No……………………………………………
(vii) STD code/ Fax No: …………………………………
(viii) E-mail address……………………………………………………
(ix) Whether the organization is of all India character, if yes, give address
of its
branches, in other states…………………………………..
(x) Whether the Institution / Organization had been denied registration earlier?
(xi) Ref. No. of application which resulted in denial of registration as CCI
a) Date of denial........................
b) Which department has denied the registration.............
(xii) Reason for denial of registration CCI..................................................
2.
Details of the proposed Child Care Institution
(i)
Name of the proposed Child Care Institution……………………….
(ii)
Type/Kind of Child Care Institution………………………..
(iii) Complete address/ location of proposed child Care Institution or organization
(iv) STD code/ Telephone No…………………………….
(v)
STD code /Fax No………………………….
(vi) E-mail address…………………………..
3. Connectivity (Name and Distance from the proposed Child Care Institution):
(i)
Main Road……………………
(ii)
Bus –stand………………….
(iii) Railway Station………………..
(iv) Any landmark…………….
4. Infrastructure
(i)
No. of Rooms (Mention with measurement)………………
(ii)
No. of toilets (mention with measurement)……………….
(iii) No. of Kitchen (mention with measurement) …………………..
(iv) No. of sick room………………………….
(v)
Annex -Copy of blue print of the building (authentic sketch plan of building)
(vi) Arrangement to deal with unforeseen disaster - mention the kind of arrangement
made:
(a)
Fire
(b)
Earthquake
(c)
Any other arrangement
(vii) Arrangement of Drinking water
(viii) Arrangement to maintain sanitation and hygiene:
(ix) Pest Control
(x) Waste disposal
(xi) Storage area
(xii) Any other arrangement
(xiii) Rent agreement/ building maintenance estimate (whichever is
applicable)(Annex- copy of Rent agreement)
5. Number of Children in the Institution/ Organization
(i) No. of children (0-6 years) present in the home , (if any}
(ii) No. of children (6-10 years) present in the home , (if any)
(iii) No. of children (11-15 years) present in the home , (if any)
(iv) No. of children (16-18 years) present in the home , (if any)
(v) No. of persons (18-21 years) present in the home , (if any)
6. Whether the Child Welfare Committee has been informed about the
children being housed in the Institution? Yes/ No
7. Facilities Available
(i) Education facility…………………………
(ii) Health
Checkup arrangement, frequency checkup,
type of
checkups proposed to be done……………………
(iii) Any other facility that shall impact on the overall development of the child
8. Staffing
(i)Education and Experience of the staff:
Name
Age
Education
level
Work Experience
Date of
Joining
Role
Residing in
Premises (Y/N)
(ii) Name of other Child Care Institutions managed by the organization
(iii)
Name of the chief functionary of the organization
9. Background of the Applicant (Institution / Organization)
(i)
Major activities of the organization in last two years
a. (Annex copy of Annual Reports)
(ii) An updated list of members of the management committee/ governing body in
the enclosed format (Annex- resolution of the annual meeting)
(iii)
List of assets/ infrastructure of the organization
(iv)
If the organization registered under the Foreign Contribution (Regulation) Act,
1976 (Annex – certificate of registration)
(v)
Details of foreign contribution received during the last two years (Annex-
relevant documents)
(vi)
List of other sources of grant- in – aid funding (if any )with the name of the
scheme / project , purpose amount, etc. (separately)
(vii)
Details of existing Bank Account(s) of the institution/ organization indicating
branch code account no.
(viii)
Whether the institution/ organization agree to open a separate bank account
for the grant proposed
(ix)
Annex -Photocopy of Accounts of last three years:
i.
Auditors report
ii.
Income and expenditure account
iii.
Receipt and payment account
iv.
Balance sheet of the organization.
(x) Income Tax Returns filing details for the last three years
(xi) Annual returns filing details with registrar of societies/
registrar of companies as applicable
(xii)
Additional compliance certificates as notified by the
state or central government from time to time
I have read and understood The Juvenile Justice (Care and Protection of Children)
Act, 2015 and.
I declare that no person in management/employment/governance of the
organization has been previously convicted or has been involved in any illegal act or
in any act of child abuse or employment of child labour and that the organization
has not been blacklisted by the Central or the State Government at any point of
time.
…………………………. (Name of the Organization / Institution) has complied with all the
requirements to be granted registration as a Child Care Institution under the
Juvenile Justice (Care and Protection of Children) Act, 2015, and Karnataka State
Juvenile Justice (Care and Protection of Children) Rules, 2025.
I undertake to abide by all the conditions laid down by the Central/ State Act, Rules,
Guidelines and Notifications in this regard.
Signature of the authorized signatory: ……………………………..
Name:………………………………………..
Designation:…………………………
Address…………………………………..
District………………………………………
Date……………………..
Office stamp:
Signatures of:
Witness no. 1: …………………………………
Witness no. 2: ………………………………………
FORM 28
[See rule 26(7) and 29(4)]
CERTIFICATE OF REGISTRATION (UNDER SECTION 41 THE JJ ACT)
After perusal of the documents submitted as per Form 36 is
granted registration No………….as a Child Care Institution under Section
41(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015
with effect from….. for a period of ….years.
The Institution which has the capacity of…………. Children shall remain
bound to follow the Juvenile Justice (Care and Protection of Children) Act,
2015, Karnataka State Juvenile Justice (Care and Protection of Children)
Rules, 2025 and regulations framed by the Central/ State Government from
time to time.
Dated this …………….. day of …………….. 20 ……………………
(Signature)
Seal
Name and Designation ……………………………………
FORM 29
[See rule 29(9)]
MONTHLY REPORT SUBMITTED BY OPEN SHELTER TO DCPU
1. Name of the Open Shelter…………………
2. Name of the In charge ……………………
3. Registration No………………………….
4. Address of the Open Shelter……………………..
5. Period of the Report…………………………..
6. Details of children available on
S. N
O
Name
of
child
Father’s
name
Mother’s
name
Address
of the
Child, if
available
Date of
first
admission
Reason for
admission
Number
of days
child
availed
services
Facilities
availed
Produced
before
CWC
(Yes / No)
Remarks ,
if any
7. Total number of children admitted during the month…………………………
8. Total number of children in the Open Shelter on the last day of the month…….
9. Total number of children who availed the facilities of the Open Shelter during the
month………………………………………………………….
10. Out of these the number of children who availed the services only during the day
in the month:
Signature In charge of the
Open Shelter Home
FORM 30
[See rule 30(8)]
HOME STUDY REPORT OF PROSPECTIVE FOSTER PARENTS
DATE OF REGISTRATION-
AADHAR CARD NO of PFP –
NAME OF THE SOCIAL WORKER-
DATE OF HOME VISIT- …./…./………
Part-I of the format shall be filled up by the prospective Foster parents and Part-II
of the template shall be filled up by the Social Worker to submit an assessment
report along with the Social Worker’s observation about suitability of the
prospective foster parents.
PART-I : SELF ASSESSMENT
A. Information about the prospective foster parents and their family
background
Particulars of the foster parents:
(Give details of both Foster parents, if the application is by a couple)
Prospective Foster
Father
Prospective Foster
Mother
Full Name
Date of birth
Place of birth
Complete Address with e-mail ID (Present &
Permanent Address)
Identity Proof
Identity Type:
Identification Number:
Citizenship
Religion
Language(s) known
Educational Qualification
Current Employment/occupation
Name & Address of the present
Employer/Business concern
Annual Income
Health Status
B.
Family background information:
(1)
Give a short description of social status and background of the
prospective foster parents along with the following information.
Details about Parents of the Applicants
Father
Mother
Name in full
Age
Occupation
Previous occupation
Presently residing with
(2)
Please complete the following table with the names of each
of your children (adopted and biological), their sex, educational
status (kindergarten, elementary, etc.) and dates of birth.
Name of the Child
Sex
Date of Birth
Educational Status
(3)
If there are other members residing, please furnish
the following information in respect of them.
Name
Nature of Relationship
Age
Gender
Occupation
(4)
Please describe how you believe foster care would affect the family
members
(grand parents, children, relatives and others).
C.
Professional/Employment Details (Professional career details for last 5
years):
Foster Father
Organisation
Employer Details
(Name & Address)
Job Title
From
Foster Mother
Organisation
Employer Details
(Name & Address)
Job Title
From
D.
Financial Position: (Give a short description of your income from all
sources such as savings, investments, expenditures and liabilities and debts
along with supporting documents)……………………………………………………………….
E.
Description of Home and Neighbourhood: (Describe the
accommodation details and neighbourhood relationship)
(1)
How many rooms do you have in your home and describe the
play
area available for the child.................................
(2)
Please describe the neighbourhood in which you
reside, including any aspect that you believe makes it child-
friendly……………………
F.
Attitude and Motivation for foster care:
(1)
Please circle the term which best describes the reason why you wish to
take a child in foster care, you may circle more than one option, if
applicable:
(a)
Provide a companion to your other children;
(b)
Provide a child with a happy home;
(c)
Other, please specify ……………………………….
(2)
Please circle the statement which describes how you think the foster
care arrangement will improve the lives of your other children, you
may circle more than one, if applicable:
(a)
They will be less lonely;
(b)
They will learn to be more accommodating:
(c)
They will become more empathetic;
(d)
Not applicable as I have no other children;
(e)
Other, please specify
Attitude of grandparents/extended family members, other relatives and significant others towards the foster
care: (Give a short description about the opinion of other important persons towards foster care who would have
impact in the child rearing process)…………………………………………………….
G.
Anticipated Plans of the prospective foster parents for the child and
rearing in the Family:
(1)
Please describe how you will manage caring for the child and other life
commitments such as work.
(2)
Who will be responsible for caring for the child when you are at work, or
absent from the familial home (domestic help, grandparents, spouse).
(3)
Please describe your approach to parenting.
(4)
In case the foster child demonstrates adjustment difficulties, please describe
the steps that you plan to take to ease the child’s transition into the family?
(5)
Would you be prepared to seek family counselling if the child continues to
have difficulties adjusting? Yes ⬜
No ⬜
H.
Preparation and Training: (Give details about the counselling sessions the
prospective foster parent(s) have undergone on foster care, child care, handling of
needs of children, etc. and their capacity, training and/or experiences in parenting
children with their special need, if any)
I.
Health Status (Emotional and Physical): (Give details of the state of emotional
and physical health status of the applicant(s), if any. If a family member suffers from a
particular disease, condition or syndrome, describe how the family copes with it and
how this might affect any proposed foster care.)
(1)
Do you or your spouse suffer from any medical condition? If so, would you
please provide details? Yes ⬜
No ⬜
(2)
Are you or your spouse currently being treated by a psychologist or
psychiatrist? Yes ⬜ No ⬜
(3)
Are you currently taking any prescribed medication? Yes ⬜
No ⬜
(4)
Are there currently any child/ren in your house being treated for a medical
condition? Yes ⬜
No ⬜
(5)
Does your family have health and hospitalization insurance coverage for all
family members? Yes ⬜
No ⬜
Signature of the Prospective Foster Parents
PART-II: ASSESSMENT REPORT OF THE SOCIAL WORKER
(To be used by the Social Worker to prepare the assessment report)
(The information/facts filled in the template shall be kept confidential by
the agencies /authorities.)
1.
Factual Assessment:
(i) Have you verified the contents of the facts mentioned in Part I of
the template?
(ii)
Are you satisfied about the facts mentioned in the documents
vis-à-vis observation during interviews and visits?
2.
Psychosocial Assessment:
2.1
Interaction with the prospective foster parents
(i) Have
you
interacted
with
the
prospective
foster
parents individually and
jointly?
(ii) Are the prospective foster parents well prepared for fostering the
child?
2.2
Home visit findings
(i) When did you visit the home of the prospective foster parents?
Who were the members present during your visit?
(ii) Whom did you interact with during the home visit?
(iii) Haveyoumetanyneighbours/relatives?Giveadetaileddescription
abouttheinteraction?
(iv) Whether the home environment is conducive for the child? (Give
reasons for your answer)
(v) Are the prospective foster parents well prepared for foster care?
(vi) Did the prospective foster parents have any doubt about
parenting issues or any other issues? Have you cleared their
doubts?
2.3
Interaction with the family members
(i) Have you interacted with other family members of the
prospective foster parents? What is their opinion about the
proposed foster care? Are they positive about the foster care
arrangement?
(ii) Are there any other family member(s) whom you could not
interact but they might have a larger role in the proposed foster
care? If so, how did you interact? Would you plan to take their
views?
(iii) Have you interacted with older child/ren present in the home of
the prospective foster parents? If yes, please give details about
their views on the proposed foster care placement.
2.4
Have you noticed any adverse remarks from the family members? If so,
how far those remarks may have an impact on the foster care process?
2.5
Financial capacity
(i) What is your opinion about the financial status of the prospective
foster parents? Are they financially sound to welcome another
member into their family?
(ii) Have you observed any financial situation which is hidden in the
template?
(iii) Would you recommend any financial assistance to them?
2.6
Physical and emotional capacity
(i) Are the prospective foster parents generally in a good physical
and emotional state to take care of a child? Do they have a
medical certificate to certify the same?
(ii) Have you observed any physical or psychological issues with the
prospective foster parents or any other family members that
islikely to affect the life of the upcoming child? If so, give details.
(iii) Are the prospective foster parents emotionally equipped
enough to take care of a child?
3.
Recommendation for Foster care
3.1 Do you recommend the prospective foster parents for foster care?
Put your views and rationale for recommending the prospective
foster parents for foster care.
3.2 In case, you do not recommend the prospective foster parents for
foster care, cite appropriate reasons for taking such decision.
Signature, name, designation of the Social Worker
preparing the Home Study Report
Official Seal of the District Child Protection Unit
FORM 31
[See rules 30(4) and 30(5)]
CHILD STUDY REPORT FOR CHILD TO BE PLACED IN FOSTER CARE
CHILD STUDY
REPORT
S.
No.
Item
Response
1.
Case number of
child from 1st
referral
2.
Date of Assessment
3.
Date of Individual
Care Plan
4.
Source of Referral
5.
Photograph of the
Child to be
refreshed
periodically
Profile of the Child
4
Name of the Child
5
Date of Birth or Age
6
Place of Birth
7
Age
8
Nationality
9
Religion
10
Education
11
Languages Spoken
by Child
12
Present Address
13
Aadhaar Card
Number
14
Contact Details
(a) Landline
(b) Mobile
15
Placement history if
the child is from
institution
(a) Date of
Placement
(b)Name
and
address details of the
child
(c)Reason for leaving
the family
16
Has child has been
declared legally free
for adoption, but
not been placed in
adoption ?
17
Name of the
Institution where
the child is
currently residing
18
Reason for
placement if the
child is from
community
One or both parents in prison ⬜
Parents are suffering from long-term illness ⬜
Dysfunctional family(eg substance abuse,
domestic violence etc) ⬜
Parents in process of separation ⬜
Parents in process of legal custody dispute ⬜
Natural disaster ⬜
Others ⬜
Substantiate:
The views of the child with respect to being placed in foster care :
I ……………………..
Social Worker hereby certify that the information given in this
form about child………………………………..(name of child)is correct.
Signature
Place :
Name:
Date :
Designation:
FORM 32
[See rules 30(13) and 30(16)]
ORDER OF FOSTER CARE PLACEMENT WITH A FAMILY OR
GROUP FOSTER CARE
1.
The child (name and address) …………………approximate age/ date of
birth……… child ofMr………………… and Mrs…………………….is in need of care and
protection of a family. Mr……………and Mrs……………resident of (complete
address and contact numbers)………………………………………….are declared fit for
foster-care placement of the child after considering the Individual Care Plan,
Child Study Report of the child and Home Study Report of the Foster Family.
OR
Group Foster Care (Name and address)
is declared fit for foster-care placement of the child after considering the
Individual Care Plan and Child Study Report of the child. The child will be
placed with caregiver(s)
Mr/Ms______________________________________________
and/or Mr/ Ms ____________________________________
2.
The child (name) …………………………….. is placed in foster care for a period
of ……………………………… under the supervision of the aforesaid Child Welfare
Officer/Social Worker (name and contact) ………………………..
Signatures and Seal of
Child Welfare Committee
Chairperson
Member
Member
Member
FORM 33
[See rule 30(14)]
UNDERTAKING BY THE FOSTER FAMILY/ GROUP FOSTER CARE
I/We …………………resident(s) of House no. ………Street ………………..
Village/Town ……………District …………State ……… who have been approved as a
foster family/ registered as a group foster care home at …………(address), do
hereby declare that I/We am/are willing to take charge of…………………… (name of
the child] …………………………… Aged_under the orders of the
Child Welfare Committee………………………subject to the following terms and conditions:
i.
If the conduct of the child is unsatisfactory I/we shall at once
inform the Committee
ii.
I/We shall do my/our best for the welfare and education of the said
child as long as the child remains in my charge and shall make proper
provision for the child’s maintenance.
iii.
In the event of an illness, the child shall have proper medical
attention in the nearest hospital and a report of it followed by a fitness
certificate shall be submitted before the Committee.
iv.
I/We shall inform the Committee about any change of address.
v.
I/We shall do my best to ensure that the child will not be subjected
to any form of abuse, neglect or exploitation.
vi.
I/We agree to adhere to the conditions laid by the Committee
vii.
I/We agree to facilitate contact between biological family and child
as directed by the Committee.
viii.
I/We undertake to produce the child before the Committee as and
when required.
ix.
I/We undertake to inform the Committee immediately if the child
goes out of my charge or control.
Date this ………………day of ………………..
Signature of Applicant(s)
Signature and address of 2 witnesses
Witness 1:
Witness 2:
Signatures and Seal of
Child Welfare Committee
Chairperson
Member
Member
Member
FORM 34
[See rule 30(15)]
RECORD OF A CHILD IN FOSTER CARE
(a)
Case no.........
(b)
Name of the Child……………………….
(c)
Date of Birth……………………………………..
(d)
Gender……………………………………………
(e)
Name, address and contact number of Foster Family or the Fit Facility for Group
Foster Care where the child is placed:……………………………
(f)
Individual Care Plan
(g)
Any other source of referral………………………..
(h)
Details of the child placed in foster care including Photograph of the child,
biological parents, if available…………………………………………….
(i)
Details of the placement - individual or group including date and period of
placement
(j)
Social Investigation Report and photograph of biological family where applicable
(k)
Home Study report of the foster family- individual or group care, with photograph
(l)
Name of the Child Care Institution from where the child was placed in foster care
(m) Individual Care Plan for a child placed from an institution
(n)
Child Study Report (if child is from the community)
or for a child
who was legally free for adoption but was not placed
(o)
Address of the Child Welfare Committee
(p)
Reference Number, date and any other particulars of the order of the Committee
placing the child in foster care
(q)
Date of Placement (Date on which child joins the foster family or the fit facility
for group foster care)
(r)
Record (number and significant details) of each visit with the child, foster family,
Biological family, if available and child’s school
(s)
Record number and significant details of contact between child and biological
family
(t)
Record of all reviews of the placement including observations, extent and
quality of compliance with Care Plan, child’s developmental milestones, child’s
academic progress, and any changes in family environment
(u)
In the case of extension or termination or temporary recall of the placement,
record of date and reason.
(v)
Financial assistance provided, if any. Order for foster care financial assistance from
Committee
(w) Name of the Case Worker appointed for follow up
(Affix Recent Photo)
FORM 35
[See rules 28 (9), 30(16) and 31(1)(vi)]
MONTHLY INSPECTION OF FOSTER FAMILIES/ GROUP FOSTER CARE
(Fill as applicable)
Date of visit:
(a) Name:
(b) Date of Birth & Age:
(c) Gender: Male…………Female……Transgender…………
(d) Date of Placement
1. Details of Foster Parents/Care Givers
(a) Name of Foster Parents/ Care Givers
(b) Address
(c) Contact Details
i)
Landline
ii) Mobile
(d) Aadhaar Number
(e) Photograph of Parents
3. Interaction with Child placed in Foster Care
a)
Child’s experience being part of the
family ( with reference to whether the
child is properly cared for – physical,
emotional and health) describe
(i)
Health Indicators
a)
Present Health Status
b)
Any record of Illness
c)
Any other treatment that the
child is undergoing
(ii)Emotional
⬜Happy and well-
adjusted
⬜In process of adjusting
⬜Maladjusted/Adjustmen
t Challenges
Affix Photo
Affix Photo
b)
How is the child performing in their
studies?
(i) check in relation with the
grades/marks the child achieved
in previous examinations,
(ii) Foster parents have regular
conversations with the child
regarding their studies, extra
curricular activities
(iii) Do they attend PTA meetings?
⬜Good
⬜Fair
⬜Satisfactory
⬜Poor
⬜Sometimes ⬜Yes
⬜Sometimes ⬜Yes
⬜No
c)
(i) The amount of time parents
(foster) spend with the child either
alone or
together with their own children.
(ii) How do they spend time together as
a family and for what?
⬜Having conversations
⬜Dining
⬜Playing
⬜Watching TV
⬜Going to school
⬜Doing homework together
⬜Others (specify)
(iii) Does the foster child share with the
foster parent’s problems he /she is
facing either at home, school in the
neighbourhood or emotionally feeling
not happy?
⬜Sometimes ⬜Yes
⬜ No
d)
Does the child get support from foster
parents’ children? (do they mutually help
each other)
⬜Sometimes ⬜Yes
⬜ No
e)
Has there been any incident that
made the foster child feel
discriminated against?
⬜Yes
⬜ No
f)
Enter the following as reported/
shared by the foster child:
Has there been any
incident/incidents that made you
(foster child) uncomfortable?
i) The way a foster parent/older
sibling/any other member touched the
you
⬜Yes ⬜ No
ii)The conversations foster parents/older
siblings/any other member had with you
⬜Yes ⬜ No
iii) Any materials- visuals, printed
that you were made to watch or
read
⬜Yes ⬜ No
iv) Were you at any time sexually
assaulted or abused?*
⬜Yes ⬜ No
*if the answers are “yes” immediate steps should be taken to remove the
child and send to a place of safety and support the child with medical and
psycho-social therapy.
** Actions to be taken against the foster carers or parents according to the
procedures laid down.
*** Is similar treatment being meted out to their biological child also? Then the
biological child should also be treated as a child in need of care and protection
and appropriate action may be taken.
g)
Do you keep in contact with his/her
family of origin (by telephone, letters,
visits). Specify
⬜Yes
⬜ No
Specify, number of times and
last date of contact
h)
Have you been beaten by the foster
parent or an adult in the foster family at
any time?
⬜Yes ⬜No
i)
Have you been spoken to in a
manner that made you feel
humiliated?
⬜Yes ⬜No
j)
Are you made to do household chores?
⬜Yes
⬜ No
k)
Are the biological children of the foster
parents made to do the same household
chores?
⬜Yes
⬜ No
5. Interaction with Foster Parents
a)
Parent’s impressions about the
behavior (emotional well-being) of
the child in the family
⬜Happy and well-adjusted
⬜In process of adjusting
⬜Maladjusted/Adjustment
challenges
b)
Perception about the child’s
adjustment with the household
and with other members in the
family
⬜Happy and well-adjusted
⬜In process of adjusting
⬜Maladjusted/
Adjustment challenges
c)
How do you discipline the child?
⬜Reason with the child
⬜Scold
⬜Chastise
⬜Beat the child
⬜Other Methods (Specify)
d)
What are the behavior traits that
are of concern and how do you as
parents deal with them?
⬜Lack of cooperation
⬜Lack of Adjustment
⬜Introvert
⬜Aggressive
⬜Not Communicative
⬜Any Other
e)
Do you spend time together with
the foster child and biological
children? Describe.
⬜Sometimes ⬜Yes
⬜ No
f)
Views on the progress of
Child’s education and other
talents
i)Child is faring well in school
⬜Yes
⬜ No
ii) If the child is not faring well
in school do you seek to find
out the reasons
⬜Yes
⬜ No
a)
from the child
b)
from the school teacher
⬜Yes
⬜ No ⬜Sometimes
iii) Do you attend PTA meetings?
⬜ Attended all regularly
⬜ Attended a few
⬜ Not attended any
g)
Do you as foster parents/care
givers consult the child while
taking decisions on behalf of
him/her/them?
⬜Sometimes ⬜Yes
⬜ No
h)
How does the child show
approval/disapproval to the foster
parent’s decisions?
⬜Accepts the decision
with happiness
⬜Accept the decisions
but unhappy
⬜Refuses to accept the
decision and shows aggressive
behaviour)
i)
Are the foster parents aware of
the social networks of the child?
⬜ Yes
⬜ No
j)
Views
on
child’s
social
relationship
with
the
neighbours, school friends and
teachers.
⬜Good and regular interaction
⬜Periodic Interactions
k)
What is their plan for the child?(Details to be noted down)
l)
Does the foster child maintain the
contact with his/her/their family
of origin? (by telephone, letters,
visits). Specify
⬜Sometimes ⬜Yes
⬜ No
Specify frequency, type
and duration of contact
m)
Who maintains the bank account
of the foster child as a parent?
6. Interaction with other children of the Foster Parents:
a)
The things they do together with the foster
child
⬜Dining
⬜Playing
⬜Watching TV
⬜Going to school
⬜Doing homework together
b)
Do they have quarrels or fights
between themselves and the foster
child? If yes, how often, on what issues,
and how do they resolve it. Please note
down.
⬜Sometimes
⬜Yes
⬜ No
c)
How do you feel when your parents show
love, affection and care to the foster
child?
⬜Happy
⬜Unhappy
⬜Angry
⬜Jealous
7. Interaction with the School Teachers:
a)
Information about the academic
performance of the child in the school
(verify with progress cards to see if the
child has shown any progress)
⬜Good
⬜Fair
⬜Satisfactory
⬜Poor
b)
Teacher’s observation: if the child has
adjusted to his/her/their foster parents
⬜Happy and well-adjusted
⬜In process of adjusting
⬜Maladjusted/Adjustment
challenges
c)
Do the foster parents attend
parent- teacher meetings?
Yes ⬜
No ⬜
Sometimes⬜
d)
Do they seem interested in the
child’s studies?(by enquiring of the
child’s academic achievements,
relationship with teachers and
classmates)
Yes ⬜
No ⬜ Indifferent ⬜
e)
Observation on child’s behavior in the
school (his relationship with teachers,
classmates)
⬜Happy and well-adjusted
⬜In process of adjusting
⬜Maladjusted/Adjustment
challenges
f)
Any concerns of the child in the
school. If yes, give details
8. Interaction with Birth Parents/Birth Family
a)
Have the birth parents/ birth
family maintained contact with
their child (by telephone calls,
letters, and visits?
How frequently? What was the
duration of a call or a visit? When
was the last time they contacted
their child?
Yes- regularly ⬜
A few times-⬜
No- not been in contact ⬜
b)
Was the child happy to meet them?
Yes ⬜
No ⬜
Upset while meeting them
⬜
c)
Did the child raise any issues with
regard to his or her or their foster
carers/parents/family with them?
Yes ⬜
No ⬜
If yes, give details
d)
Do they have any interaction with
the foster family regarding the
wellbeing of the child?
If yes or sometimes: At what
frequency? How do they interact?
(Phone/ visit)? When was the last
Yes ⬜
No ⬜
Sometimes⬜
date of interaction with family?
e)
The biological family’s status to
receive back the child
⬜Family is interested and, in a
position, to receive back the
child.
⬜Family is interested but not
in a position to receive back
the child.
⬜Family is not interested
to receive back the child.
f)
Has the biological family received
any support from the government or
any other agency in helping them to
receive back the child from the
foster carers (If yes, give details)
⬜Yes
⬜ No
9. Interaction with Neighbours
a)
Does the neighbor know that
the child was in foster care?.
⬜Yes
⬜No
b)
Information about the attitude and
behaviour of the foster family
towards the child
⬜Positive and Happy
⬜Indifferent Attitude
⬜Negative Attitude
⬜Misbehaviour
towards foster
children
c)
Observed any quarrel or issues
between the family members and
foster child or between
neighbourhood and the foster child (
if yes, give detail)
⬜Yes
⬜No
Prepared by
Signatures:
Date
Name of Social Worker
Place
Organisation / District Child Protection Unit
FORM 36
[See rule 34(4), 34(5)]
ORDER OF SPONSORSHIP
Case No.: ………………….
The child (name and address) …………………..age…………… child of
Mr……………………and/or Mrs………………. has been identified as a child needing
sponsorship support for education/ health/ nutrition/ other developmental
needs ……………………(please specify). The District Child Protection Unit is hereby
directed to release Rs……………per month/ Rs…………. as one time sponsorship
support to the said child for a period of …………… (days/month) and carryout
necessary follow up and for the said purpose shall open a bank account in the
name of the child……………….. to be operated by ……………………..
Children’s Court/
Principal Magistrate, Juvenile Justice Board/
Chairperson, Child Welfare Committee
Form 37
[See rule 35(2)]
ORDER FOR AFTERCARE PLACEMENT
The child (name) ……………….child of ………………… has/ will be
completing 18 years of age on (date) …………………. The child is still in need
of care and protection for the purpose of rehabilitation and reintegration
and specifically for………………..
(specify the purpose).
(1) The child is placed in (name of organization)……………………..for
providing aftercare. The In-charge of the Organization is directed to
admit the child and provide all possible opportunities for the child’s
rehabilitation and reintegration in its truest sense. The person shall
be provided all these opportunities maximum till the age of 21 years
only and in exceptional cases, till the age of 25 or till reintegration in
the society, whichever is earlier. The in-charge will send a half yearly
report on the status of the child/youth to the Child Welfare
Committee.
(2) The State/ District Child Protection Unit is hereby directed to release
Rs…………per month towards after-care support to the said person for
a period of …………. (days/month) and carry out necessary follow up
and for the said purpose shall open a bank account in the name of the
child/person………………..
Children’s Court/
Principal Magistrate, Juvenile Justice Board/
Chairperson, Child Welfare Committee
Copy to: District Magistrate,State/ District Child Protection Unit or Directorate of Child
Protection
FORM 37A
[See rule 35(14)]
ORDER FOR AFTERCARE SERVICES
The child/ young person (name) ………………. child of …………………
will be released from care and protection from institutional care of (name of CCI)
………………… on (date) ………………….
The child / young person is in need of the following aftercare support
and services to help in rehabilitation and reintegration. (Please tick all the services
that the child / young person would need):
⬜Temporary community/ group housing
⬜Stipend during vocational training
⬜Scholarships for higher education
⬜Skill training
⬜Apprenticeship
⬜Life skills training
⬜Vocational Training
⬜Skills training
⬜Independent Living skills
⬜Counselling
⬜Mentorship
⬜De-addiction services
⬜Assistance for medical care
⬜Arrangement of loans and subsidies to setup entrepreneurial activities;
⬜Job Procurement support.
⬜Any other
(specify)
The State/ District Child Protection Unit is hereby directed to provide
the above support and services to the said child/ young person for a period of
…………. (days/month) and follow up on the progress.
The State/ District Child Protection Unit is hereby directed to assist the
child/ young person to open a bank account in the name of the child/ young
person to avail of financial support, scholarships, loans and subsidies as needed.
Children’s Court/
Principal Magistrate, Juvenile Justice Board/
Chairperson/Member, Child Welfare Committee
Copy to: District Child Protection Unit or Directorate of Child Protection
FORM 38
[See rule 37(2)]
APPLICATION FOR REGISTRATION OF FIT FACILITY
1.
Detail of Institution/ Agency/ Organization which seeks recognition as fit facility
1.a
Name of the Institution /Agency/ Organization
1.b
Registration number and date of Registration of the Institution/
Organization under the relevant Act
(Annex- Relevant documents of registration, bye-laws, memorandum of
association)
1.c
Complete address of the Applicant/ Institution/ organization
1.d
STD code/ Telephone No.
1.e
STD code Fax No.
1.f
E-mail address
1.g
Whether the organization is of all India character, if yes, give address of its
branches, in other states
1.h
If the Institution had been denied recognition earlier? If yes
i.
Reference No. of application leading to denial of recognition
ii.
Date of denial
iii.
Who had denied the recognition
iv.
Reason for denial of recognition
2.
Details of the proposed fit facility:
2.a
Complete address/ location of proposed Fit Facility
2.b
STD code/ telephone no
2.c
STD code fax no
2.d
E-mail
3.
Connectivity (Name and Distance from the proposed Fit Facility):
3.a
Main Road
3.b
Bus –stand
3.c
Railway Station
3.d
Any landmark
4.
Infrastructure:
4.a
No. of Rooms (Mention with measurement)
4.b
No. of toilets (mention with measurement)
4.c
No. of Kitchens (mention with measurement)
4.d
No. of sick rooms
4.e
Annex -Copy of blueprint of the building (authentic sketch plan of building)
4.f
Arrangement to deal with unforeseen disaster also mention the kind of arrangement
made:
i)
Fire
ii) Earthquake
iii) Any other arrangement
4.g
Arrangement of Drinking water Annex-Certified from public health engineering
(PHE) Departmentor Public Works Department or a Certificate on the quality of
water from a government certified testing laboratory
4.h
Arrangement to maintain sanitation and hygiene:
i.
Pest Control
ii.
Waste disposal
iii.
Storage area
iv.
Any other arrangement
4.i
Rent agreement/ building maintenance estimate (whichever is applicable)(Annex-
copy of Rent agreement)
5.
Capacity of the Fit Facility
6.
Facilities Available (would depend on the purpose for which recognition as fit facility is to be given)
6.c
Any other facility that shall impact on the overall development of the child
7.
Staffing
7.a
Detailed staff list with Name, qualification and years of experience
8
Name of partner organizations and other residential institutions managed by the
organisations
9.
Background of the Applicant
9.a
Major activities of the organization in last two years
9.b
An updated list of members of the management committee/ governing body in the
enclosed format (Annex- resolution of the annual meeting)
9.c
List of assets/ infrastructure of the organization
9.d
If the organization is registered under the Foreign Contribution (Regulation) Act, 1976
(Annex – certificate of registration)
9.e
Details of foreign contribution received last two years (Annex- relevant documents)
9.f
List of other sources of grant- in – aid funding (if any )with the name of the
scheme / project , purpose amount, etc. (separately)
9.g
Details of existing bank account of the agency indicating branch code account no.
9.h
Whether the agency agrees to open a separate bank account for the grant proposed
9.i
Annex -Photocopy of Accounts of last three years:
I have read and understood The Juvenile Justice (Care and Protection of
Children Act), 2015; and the Karnataka State Juvenile Justice (Care and Protection
of Children) Rules, 2025
………………………………..(Name of the Organization / Institution) has
complied with all the requirements to be granted recognition as a Fit Facility
under the Juvenile Justice (Care and Protection of Children) Act, 2015 and the
Karnataka State Juvenile Justice (Care and Protection of Children) Rules.
I declare that no person in the management/employment or governance
of the organization has been previously convicted or has been involved in any
illegal act or in any act of child abuse or employment of child labour or an
offence involving moral turpitude and that the organization has not been
blacklisted by the Central or the State Government at any point of time.
I undertake to abide by all the conditions laid down by the Central/
State Act, Rules, Guidelines and Notifications in this regard.
I undertake to abide by the orders passed by the Juvenile Justice Board or
the Child Welfare Committee from time to time.
Signature of the authorized signatory: ……………………………
Name:
Designation:
Address:
District:
Date:
Office stamp:
Signatures of:
Witness no.1: …………………………….
Witness no.2: ………………………………
FORM 39
[See rule 37(4)]
CERTIFICATE OF RECOGNITION OF FIT FACILITY
After perusal of the documents and on the basis of an inspection of
the Institution conducted on……. the........................ (Name of the Institution)
is recognized as a Fit Facility under Section 51 of the Juvenile Justice (Care
and Protection of Children) Act, 2015 with effect from….. for a period of
…..years.
The Facility shall remain bound to follow the Juvenile Justice (Care
and Protection of Children) Act, 2015, the Karnataka State Juvenile
Justice (Care and Protection of Children) Rules and regulations framed by the
appropriate Government from time to time.
The Facility shall remain bound to comply with the orders passed
by the Juvenile Justice Board or the Child Welfare Committee from time
to time.
Dated this……………………day of ……………………20 …………………….
(Signature)
(Seal)
Dated this ……………….day of …………………20…………………………
(Signature)
(Signature)
(Signature)
Child Welfare Committee/ Juvenile Justice Board
FORM 40
[See rule 71 (3)(xi)]
LIST OF CHILDREN SUBMITTED BY CCI TO BOARD OR COMMITTEE WEEKLY
Name and Address of Child Care Institution:
Sr.
No.
Name
of
Child
FIR/DD/Case
No.
PS
Date when child was
last produced before
the
Committee/Board
Date of Next
Production
Total Number of Children admitted during the week………………………………
Total Number of Children released during the week………………………………
Total Number of Children in the Institution as on…………………………………
Signature
Person in charge of the CCI
Date:
FORM 41
[See rule 79(C)(1)]
PROTECTIVE CUSTODY CARD
Case Number:…………………..
1. Name of the child
:
2. Age of the child
:
3. Mother’s Name
:
4. Father’s Name
:
5. Address of parent/guardians :
6. Health conditions of child, if any
:
7. Injuries of child, if any,
and cause of such
injuries
:
8. Date of receiving by Organization/Institution:
9. Name & contact details of the person producing child:
10. Date of Inquiry:
This is to authorize and direct you to receive the above named child in
your Child Care Institution and keep her/him/them in your charge for
protective custody under the J.J. Act, 2015.
And to produce the child on …...
Next date of hearing……………..
(Signature)
Principal Magistrate/ Member,
Juvenile Justice Board
FORM 42
[See rule 79(D)(4)]
OVERNIGHT PROTECTIVE STAY
Whereas (name of the child) ..................................has this day been
apprehended/ found to be in need of overnight protective stay at the
………………………………………………. (Name of the Institution).
The said child has been produced by …………………… ( Name of the child
welfare police officer, from ………………Police station,……………) . The child has
been brought along with the required application seeking protective stay, medical
report stating the general health condition if available, and visible injuries, if any,
along with cause for the same, of the child which has been duly perused by the
person in-charge of the Institution.
The said child has been brought to the Institution at ……………….
(time) and shall be handed over on the following day to the concerned jurisdiction
of
the child
welfare police officer on …..………or before
………………(mention time).
The personal belongings of the child have been thoroughly searched and
the following articles …………………………………
…………. (if any) have been handed over to the concerned child welfare
police officer.
In case the concerned child welfare police officer fails to report in due time
to take custody of the child, such child shall be produced before the Juvenile
Justice Board/ Child Welfare Committee by the Officer in charge of the Institution
at the earliest.
Copy to:
1. Child Welfare Police Officer
2. Board / Committee
3. The Person in charge of the Institution
Dated this
day of
20
(Signature)
(Signature)
The Person in charge of the Institution
Child Welfare Police Officer
FORM 43
[See rule 79(H)(3)]
CASE HISTORY OF THE CHILD (FOR CHILD CARE INSTITUTION)
A. PERSONAL DATA
1. Name…………………………………………………………………………………
2. Gender…………………………………..
3. Date of birth (if available or
known)………………………………………………………..
4. Age at the time of admission …………………………………
5. Category (tick as applicable):
(i)
Separated from family
(ii)
Abandoned/deserted
(iii)
Victim of abuse, exploitation and neglect (give details)
(iv)
Run-away
(v)
Orphan
(vi)
Any other
6. Religion:
Hindu/ Muslim/Christian/Other (pl. specify)
7. Caste and Tribal Identity: OC/BC/SC/ST/General
8. Native District & State or country (if child is from another country):
9. Description of the Housing:
(i) Concrete building/ Kuchha
(ii) Three bedroom/ two bedroom/ one bedroom/ no separate bedroom
(iii) Owned / rental
10.
By
whom
the
child
was
brought
before
the
Child Welfare Committee/Juvenile Justice Board (tick as applicable):
i.
Police-Local Police/Special Juvenile Police Unit/ designated Child Welfare
Police Officer / Railway Police/ Women Police
ii.
Probation Officers
iii.
Social Welfare Organization
iv.
Social Worker
v.
Parent(s)/Guardian (s) (please Specify the relationship)
vi.
Any public servant
vii.
Any public spirited citizen
viii.
Child himself/herself/themselves
11. Reasons for leaving the family
i.
Abuse by parent(s)/guardian(s)/step parents(s)/relatives
ii.
Arrangement of marriage against the child’s will
iii.
In search of employment
iv.
Peer group influence
v.
Incapacitation of parents
Affix a
latest
photograph
here
vi.
Criminal behaviour of parents
vii.
Separation of Parents
viii.
Demise of parents
ix.
Poverty
x.
Others (please specify)
12.
Types of abuse faced by the child
i.
Verbal abuse – parents/siblings/ employers/others (pl. specify)
ii.
Physical abuse - parents/siblings/ employers/others (pl. specify)
iii.
Sexual abuse - parents/siblings/ Employers/others(Pl. specify)
iv.
Others – parents/siblings/ employers/others (pl. Specify)
13.
Types of ill-treatment facedby the child.
i.
Denial of food –parents/siblings employers/other (pl. specify)
ii.
Beaten mercilessly-parents/ Siblings/employers/other (pl. specify)
iii.
Causing injury – parents/ siblings/employers/other (pl. specify)
iv.
Detention -
parents/ siblings/employers/other (pl. specify)
v.
Other (please Specify)
14. Exploitation faced by the child
i.
Extracted work without payment (give details)
ii.
Low wages with longer duration of work
iii.
Sexual exploitation
iv.
Others (pl. specify)
15. Health status of the child before admission.
i) Respiratory disorders
present / not known / absent
ii) Hearing impairment
- present / not known / absent
iii) Eye diseases
- present / not known / absent
iv) Dental disease
- present / not known / absent
v) Cardiac diseases
- present / not known / absent
vi) Skin disease
- present / not known / absent
vii) Sexually transmitted diseases
- present / not known / absent
viii) Neurological disorders
- present / not known / absent
ix) Mental disability
- present / not known / absent
x)
Physical disability
- present / not known / absent
xi)
Urinary tract infections
- present / not known / absent
xii) Others (pl. specify)
- present / not known / absent
16. With whom the child was staying prior to admission
i.
Parent(s) – Mother / Father / Both
ii. Siblings / Blood relative
iii. Guardian(s) – Relationship
iv. Friends
v. On the street
vi. Night shelter
vii. Child Care Institutions/ Hostels/ Similar Residential InstitutionsOther (pl. specify)
17. Visit of the parents to meet the child
18. Prior to institutionalization- Frequently/Occasionally/Rarely/Never/ Not known After
institutionalization -
Frequently/Occasionally/Rarely/Never
19. Visit of the child to parents
Prior to institutionalization - Frequently/Occasionally/Rarely/During festival
times/During summer holidays/Whenever fallen sick/Never/Not known
After institutionalization-- Frequently/Occasionally/Rarely/During festival times
/ During summer holidays/Whenever fallen sick/Never
20. Correspondence with parents -
Prior to institutionalization – Frequently/Occasionally/Rarely/During festival
times / During summer holidays/Whenever fallen sick/Never/Not known
After institutionalization – Frequently/Occasionally/Rarely/During festival
times/During summer holidays/Whenever fallen sick/Never
21. Details of disability
22. Type Family: Family / joint family/ broken family / single parent
23. Relationship among the family members:
i) Father & mother
Cordial/ Non cordial/ Not known
ii) Father & child
Cordial/ Non cordial/ Not known
iii) Mother & child
Cordial/ Non cordial/ Not known
iv) Father & siblings
Cordial/ Non cordial/ Not known
v) Mother & siblings
Cordial/ Non cordial/ Not known
vi) Child & siblings
Cordial/ Non cordial/ Not known
vii) Child & relative
Cordial/ Non cordial/ Not known
24. History of crime committed by family members, if any:
S.
No
.
Relationship
Nature of
Crime
Legal
status of
the case
Arrest
if any
Made
Period of
confinement
Punishment
Awarded
1.
Father
2.
Step father
3.
Mother
4.
Step mother
5.
Brother
(a)
(b)
(c)
(d)
6.
Sister
(a)
(b)
(c)
(d)
7.
Child
8.
Others
(uncle/
aunty/
grandparents)
25. Properties owned by the family:
i.
Landed properties (pl. specify the area, and attach a copy of khata extract, if
available)
ii.
Cows/ Cattle/ Bull
iii.
Vehicles- two wheeler/ three wheeler/ four wheeler (lorry/ bus/ car/ tractor/
jeep)
iv.
Others (please specify)
26. Marriage details of family members:
i)
Parents:
Married/Unmarried/Divorced/Separated
ii)
Brothers:
Married/Unmarried/Divorced/Separated
iii)
Sisters:
Married/Unmarried/Divorced/Separated
27. Social activities of family members:
i.
Participate in events
ii.
Participate in cultural activities
iii.
Does not participate in events
iv.
Not known
28. Parental care towards child before admission:
i.
Over protection
ii.
Affectionate
iii.
Attentive
iv.
Not affectionate
v.
Not attentive
vi.
Rejection
ADOLESCENCE HISTORY (Between 12 and 18 years)
29. At what age did the child attain puberty?
30. Details of delinquent behaviour if any
i.
Stealing
ii.
Pick pocketing
iii.
Arrack selling
iv.
Drug peddling
v.
Petty offences
vi.
Violent crime
vii.
Rape
viii.
None of the above
ix.
Others (please specify)
31. Reason for delinquent behaviour
i.
Parental neglect
ii.
Parental overprotection
iii.
Parents criminal behaviour
iv.
Parents influence (negative)
v.
Peer group influence - To buy drugs/alcohol
vi.
Others (pl. specify)
32. Habits
A
B
i)
Smoking
i)
Watching TV/movies
ii)
Alcohol consumption
ii)
Playing indoor/outdoor games
iii)
Drug use (specify)
iii)
Reading books
iv)
Gambling
iv)
Religious activities
v)
Drawing/painting/acting/singing
v)
Any other
vi)
Any other
EMPLOYMENT DETAILS
33. Employment details of the child prior to entry into the Home:
S.No
.
Details of employment
Timing and Duration
Wages earned
i)
Coolie
ii)
Rag picking
iii)
Mechanic
iv)
Hotel work
v)
Tea shop work
vi)
Shoe polish
vii)
Domestic work
viii)
Others (pl specify)
34. Details of income utilization:
Sent to work by family to meet family need
i.
For dress materials
ii.
For gambling
iii.
For prostitution
iv.
For alcohol
v.
For drug
vi.
For smoking
vii.
For rent
viii.
For food
ix.
For education
x.
For health
xi.
Savings
35. Details of savings
i.
With parents
ii.
With employers
iii.
With friends
iv.
Bank/Post Office
v.
Others (pl. specify)
36. Duration of working hours
i.
Less than six hours
ii.
Between six and eight hours
iii.
More than eight hours
EDUCATIONAL DETAILS
37. The details of education of the child prior to the admission to Children’s Home
i.
Never attended School
ii.
Studied up to V Standard
iii.
Studied above V Std but below VIII Standard
iv.
Studied above VIII Std but below X Standard
v.
Studied above X Standard
38. The reason for leaving school
(a) Failure in the class last studied
(b) Lack of interest in the school activities
(c) Indifferent attitude of the teachers
(d) Peer group influence
(e) To earn and support the family
(f) Sudden demise of parents
(g) Rigid school atmosphereAbuse in school (corporal/verbal/sexual)
(h) Bullying by peers
(i) Absenteeism followed by running away from school
(j) There is no age appropriate school nearby
(k) Others (pl. specify)
39. The details of the school in which studied last:
i.
Corporation/Municipal/Panchayat
ii.
Government/SC Welfare School/BC Welfare School
iii.
Private management/ Convents
40. Medium instruction: Hindi/English/Urdu/Tamil/Malayalam/Kannada/ Telugu/
Marathi / Gujarati/ Bengali / Other language (please specify)
41. After admission to Children’s Home, the educational attainment from the
date of admission till date;
No. of years
Class studied
Promoted /detained
42. Skill training undergone from the date of admission into Children’s Home till date.
No. of years
Name of Skill
Proficiency Attained Details of certification, if any
43. Extra-curricular activities developed from the date of admission into the Children’s
Home till date
(i) Scout
(ii) Sports (please specify)
(iii) Athletics (please specify)
(iv) Drawing
(v) Painting
(vi) Others (pl. specify)
MEDICAL HISTORY
44. Height and weight at the time of admission:
45. Physical condition:
46. Medical history of child (gist):
47. Medical history of parent/guardian (gist):
48. Present health status of the child:
Sl
No.
Annual Observation
1st Quarter
2nd Quarter
3rd Quarter
4th Quarter
Date of Review
Height
Weight
Nutritious diet given
Stress
Dental
ENT
Eye
49. Height and Weight Chart
Date, Month and Year
Height
Admissible Weight
Actual Weight
SOCIAL HISTORY
50. Details of friendship prior to admission into Children’s Home:
i.
Co-workers
ii.
School/Classmate
iii.
Neighbours
iv.
Others (pl. specify)
51. Majority of the friends are
i.
Educated
ii.
Never Attended School
iii.
The same age group
iv.
Older in age
v.
Younger in age
vi.
Same sex
vii.
Opposite sex
52. Details of membership in group (please specify details)
i.
Associated with cine fans association
ii.
Association with religious group
iii.
Associated with arts and sports club
iv.
Associated with gangs
v.
Associated with voluntary social service league
vi.
Others (please specify)
53. Purpose of taking membership in the group:
i.
For social service activities
ii.
For leisure time spending
iii.
For pleasure seeking activities
iv.
For harmful activities
v.
For seeking protection
vi.
Because of peer pressure
vii.
Others (please specify)
54. Attitude of the group / league
i.
Respect the social norms and follow the rules
ii.
Interested in violating the norms
iii.
Impulsive in violating the rules
55. The location/meeting point of the groups
i.
Usually at fixed place
ii.
Places are changed frequently
iii.
No specific places
iv.
Meeting point is fixed conveniently
56. The reaction of the society when the child first came out of the family
i.
Supportive
ii.
Rejection
iii.
Abuse
iv.
Ill-treatment
v.
Exploitation
57. The reaction of the police towards children
i.
Compassionate
ii.
Harsh
iii.
Aggressive and abusive
iv.
Exploitative
v.
Ill-treated
Photographic and other evidence of police cruelty should be recorded and attached
58. The response of the general public towards the child ………………………….
HISTORY OF THE CHILD (Brief)
(i) Education
(ii) Health
(iii) Vocational training
(iv) Extra curricular activities
(v) Others
Suggestion of Child Welfare Officer/ Probation Officer after orientation to child and the
response towards orientation.
Follow up by Child Welfare Officer/ Probation Officer/ Case Worker/ Social Worker Quarterly
Review of Case History by Management Committee
PERSON-IN-CHARGE/ CHILD WELFARE
OFFICER/ PROBATION OFFICER
FORM 44
[See rule 92(1), 93(1)]
RELEASE CUM RESTORATION ORDER
Case No./ Profile Number………………..
(Name of the Child)……………….child of……………………… resident of
…………………..who was ordered to be placed in an observation home/place of
safety/ special home/Children’s Home/ by the Juvenile Justice Board/ Children’s
Court/ Child Welfare Committee …………….under
section…………….. of the Juvenile Justice (Care and Protection of Children) Act
2015,
for
a
term
of………………on
the………………………..
day
of……………..20…………….and who is now in the…………………… Institution,
at…………………..is directed to be released from the said………Institution and
supervision and the authority of…………….. during the remaining period of stay
as…………………………………….(reason for discharge).
This order is granted subject to the conditions hereon, upon the breach of
any of which it shall be liable to be revoked.
Dated ………….
Signature
Juvenile Justice Board/ Children’s Court/ Child Welfare Committee Place:
Conditions:
1. The child shall proceed to…………………and live under the supervision and authority
of………………………until the expiry of the period of the child’s stay in Children’s Homes or
fit facility/ detention in observation home/ special homes/ place of safety unless the
remission is sooner cancelled.
2. The child shall not, without the consent of theremove themselves from that place or any
other place, which may be named by the said ………………...
3. The child shall obey such instruction as they may receive from the said
………………………………with regard to punctual and regular attendance at
school/vocation or otherwise.
4. The child shall not get involved in any offence and shall lead a sober and
industrious life to the satisfaction of………………………………..
5. In the event of committing a breach of any of the above conditions the
remission of the period of stay in the Institution hereby granted shall be liable
to be cancelled and on such cancellation the child shall be dealt with under
section 97 of the Juvenile Justice (Care & Protection of Children) Act 2015.
I hereby acknowledge that I am aware of the above conditions which have
been read over/ explained to me and that I accept the same.
(Signature or thumb impression of the released child)
Certified that the conditions specified in the above order have been read
over/explained to (Name of child)
and that the
child has accepted them as the conditions upon which his/her/their
release may be revoked. Certified accordingly that the said child has been
discharged on …./…./…….
Signature and Designation of the certifying authority
i.e. Person-in-charge of the institution
FORM 45
(See rule 92(7), 93(9))
ESCORT ORDER
To be filled in duplicate. Duplicate copy with acknowledgement to be submitted to the Board or Committee
after the child has been transferred
Case No
of 20….
In Re: …………………………………………
Order Date:
TO: The District Child Protection Officer
District Child Protection Unit
<Name of the District>
Whereas (name of the child) …………………… is currently placed under the care of
………………………………………………………
Child Care Institution/ Fit Facility/ Group Foster Care/ Foster Family/ Fit Person /
Aftercare residential facility
(name)…………………….. (address)…………………..
The Child Welfare Committee / Juvenile Justice Board has ordered for:
(Select what is appropriate)
• restoration of the child to the child’s biological family/ guardians vide
order for Restoration number
, dated
• short term placement of this child pending inquiry vide order number
……………………..dated
with Child Care
Institution/ Fit Facility / Group Foster Care home/ Fit Person
• temporary placement of the child in a Fit Facility for specialised
care/ treatment/ therapy/ training/ education for a period of
months,
vide Order number
, dated
• transfer of the child for further rehabilitation vide transfer
,
dated
• transfer of the child to Specialised Adoption Agency/ Child Care
Institution of the child’s home district in case of a disrupted adoption
placement, vide Order Dated
• Others:
<please give
details>
It is hereby ordered that the District Child Protection Unit shall make
immediate arrangements for escorting the child, not less than 15 days from
the date of receipt of this order. In the case of a girl child, only a female
escort will be permitted to accompany the child.
Pending escort, the child shall remain at the current placement
arrangement. The State/District Child Protection Unit, or Police Department
shall make immediate arrangements for an escort not less than 15 days from
the date of receipt of this order.
In case the receiving party refuses to accept the child, the child shall
continue to stay in the current placement arrangement until further orders by
the Child Welfare Committee/ Juvenile Justice Board.
The Person-in-charge of the receiving institution/ District Child Protection
Unit shall acknowledge the receipt of the child and the documents.
Seal and Signatures of the
Child Welfare Committee Chairperson and Members/
Juvenile Justice Board and members
Copy to:
District Child Protection Unit of the jurisdiction where the child is being
placed/ transferred to Child Welfare Committee/Juvenile Justice Board of the
jurisdiction where the child is being placed/ transferred to Directorate of Child
Protection, Government of Karnataka
Attachments:
Copy of the relevant orders for placement/ transfer/ restoration
FORM 45A
[See rule 91(13)]
TEMPLATE FOR TRANSFER OF A CHILD
To be filled in duplicate by the Child Welfare Committee/ Juvenile Justice Board. Duplicate copy with acknowledgement to
be submitted to the Board or Committee after the child has been transferred
Case No
of 20….
In Re: ………………………………………………
Order Date:
TO: The District Child Protection Unit,
……………………….District / State Government
1. Whereas (name of the child)……………………….is currently placed under the
care of Child Care Institution/ Fit Facility/ Group Foster Care/ Foster Family/ Fit
Person / Aftercare residential facility(name)……………………..
(address)……………………..and
(Please tick the appropriate reason)
(a) the child needs to be placed in a specialised adoption agency/ foster
family/ group foster care home/ children’s home/ observation home /
place of safety/ aftercare residential facility and such a facility matching
the child’s gender and age is not available in the jurisdiction of the Board
/ Committee.
(b) the child hails from <address of the child>, which is outside the
jurisdiction of the Board / Committee
(c) the child needs specialized medical treatment/ specialised care/
therapy/ vocational training/ special education/ higher education / skill
training and such facility is not accessible in the place where the child is
currently staying.
(d) Other: (please specify) ……………………………………………….
2. The Board / Committee has satisfied itself after due inquiry that it is
expedient to transfer the child for restoration/ further rehabilitation in the
best interest of the child and has consulted the Board/ Committee of the
district where child would be transferred to (Order for restoration/
placement enclosed).
3. The District Child Protection Unit is hereby directed to take steps to
transfer the child to the Child Care Institution/ Fit Facility/Group Foster
Care/Foster Family/Fit Person/Aftercare residential facility (Name)
located at (address)
in
district or the Child Welfare Committee/Juvenile Justice Board of
district of
State.
4. Escort and other instructions: The District Child Protection Unit/ State
Government shall make the following arrangements
(a) An escort be arranged for the child as directed in Escort Order vide:
, dated
(b) The originals of all case papers and documents related to the case must be
sent along with the child to the receiving institution/ District Child
Protection Unit/ Child Welfare Committee/ Juvenile Justice Board.
Photocopies must be retained in the transferring institution/ District Child
Protection Unit/ Child Welfare Committee/ Juvenile Justice Board.
(c) All money, valuables and personal belongings of the child together with a
statement of description and the value thereof shall be sent along with
the child to the receiving institution/ District Child Protection/ Child
Welfare Committee/ Juvenile Justice Board.
(d) A medical examination of the child shall be conducted before the
transfer 24 hours before travel.
Seal and Signatures of the Child Welfare Committee Chairperson and Members/
Juvenile Justice Board and members
Date
Place:
Copy to:
District Child Protection Unit of the jurisdiction where the child is transferred to
Child Welfare Committee/Juvenile Justice Board of the jurisdiction where the child is
transferred to
Directorate of Child Protection, Government of Karnataka
FORM 45B
[See rule 91(14)]
ACKNOWLEDGEMENT OF RECEIVING A CHILD AND CHILD’S CASE FILE IN CASE OF A
TRANSFER
The Person-in-charge of the receiving institution/ District Child Protection
Unit / Child Welfare Committee/ Juvenile Justice Board shall acknowledge the
receipt of the child and the documents and send this acknowledgement to the
District Child Protection Unit of the district from where the child was transferred
This is to acknowledge that child
,
the child’s case file and the child’s belongings have been received by our Child
Care Institution/ Fit Facility/ Group Foster Care/ Foster Family/ Fit Person /
Aftercare residential facility/ District Child Protection Unit, (Name)
located
at
(address)
in
district or the Child Welfare Committee/Juvenile Justice Board of
district of
State.
Name and Signatures
Person-in-charge/ District Child Protection Unit/ Child Welfare Committee/
Juvenile Justice Board
Seal
Place:
Date:
FORM 46
[See Rule 26(9), 26(10), 51(3), 51(11)]
INSPECTION OF CHILD CARE INSTITUTIONS
(Fill as applicable)
Date and time of visit:
Name of the officials inspecting the Home :
1.
………….
2.
………….
3.
……………
A. General Information:
1) Name and Address of the Parent Organization
2) Name and address of Institution (CCI) :………………………………….
3) Registration No. (under JJ Act, 2015): ………………………………..
Date of Issue of Registration: ………………………….
Date of Expiry of the Registration: ………………………
4) Type of Facility: …………………………………
(Children’s home/ Observation Home/ Special Home/ Place of safety/ Opens shelter/
Specialized Adoption Agency/ Fit facility)
5) If aided/supported: by State Government, Name of Department:………………
6) If run by Government:………………..
7) Nameof Person-in-charge: …………..
8) Contact No. ………………….
9) E-mail ID: ……………………….
Indicator
Status (Yes or No)
Remarks (In case
of No Compliance
or
Partial Compliance)
Acts/Rules
LEGAL STATUS
Registration of the Parent Organization
under the Societies Registration Act
1860/
The Indian Trusts Act 1882/
The Companies Act 2013
Section
41/Rule
26:
Registratio
n of
the Child
Care
Institutions
Registration
No.
of
the Parent
Organization
under the Societies
Registration Act 1860/
The Indian Trusts Act 1882/
The Companies Act 2013
Registration of the Parent Organization
under the Juvenile
Justice (Care
& Protection) Act 2015
Registration Number of the Parent
Organization under the Juvenile Justice
(Care & Protection) Act 2015
Foreign Contribution (Regulation) Act
2010, Registration (if any)
FUNCTIONING
Sanctioned capacity (in numbers)
Total number of Children placed in
the Institution
Rule 23
and 24:
Productio
n before
a
Committe
e and
Inquiry
Number of Children living in the
Home without the order of the Child
Welfare Committee/ Juvenile Justice
Board
Are there children in the age group of
0-5 years staying there?
(Specify number)
Are there children above 18 years
staying there?
(Specify number)
No. of new admissions in the current
month
(Specify number)
No. of children
who have
moved out/released
(Specify number)
No. of children referred by Child
Welfare Committee/ Juvenile Justice
Board during the month. (Specify
number)
No. of children produced before Child
Welfare Committee/ Juvenile Justice
Board during the month. (Specify
number)
No. of children as on last day of the
previous month. (Specify number)
No. of children with special needs, if
yes, give details. (Specify number)
Total number of children present in
the Institution are less than its
capacity or as per its capacity
Section 41:
Registratio
n of Child
Care
Institution
s
Number of children residing for more
than 04 months
Observatio
n Home/
Special
Home/
Place of
Safety
Management Committee functional in
the CCI
Rule 49:
Manageme
nt
Committee
Average Number of Management
Committee meetings conducted in a
year (Specify number)
Children’s Committees constituted
Rule 50:
Average Number of children’s
committee meetings conducted in a
year (Specify number)
Children’s
Committees
Adoption Committee constituted
Section 65:
Specialised
Adoption
Agency
Average Number of Adoption
Committee meetings conducted in a
year (Specify number)
Does open Shelter/Shelter Home have
any other activity apart from psycho-
social rehabilitation of children for a
short period of time ?
Open Shelter
Information regarding the children is
uploaded on a portal, as specified by
the Central Government.
PHYSICAL INFRASTRUCTURE
Building (Rented or owned)
Rule 39:
Physical
Infrastruct
ure
Sign board displayed indicating
name,
type
of
Child
Care
Institution, contact details
Education (Class room)
Dormitories
Kitchen
Counseling Room
Recreation with television
Sick room
Library
Visitors’ room
Vocational training
Dining hall
Store
Record room
Office room
Staff Residence
Bathrooms
Toilets
Computer with internet
Boundary wall/fencing
Separate living area for children
below 10 years
INSTITUTIONAL FACILITY
Records stored safely
Data protection system in place
Essential Details including- Emergency
Numbers
Duty Chart
Rule 36:
Manage
ment and
Monitori
ng of
Child
Care
Institutio
ns
Menu Chart
Attendance Status
Weekly Programme Schedule
Safe transport facility for children
attaining education outside the
campus or for any other travel
purpose
Separate facilities for children from
staff and management
Facilities and support (equipment,
staff,
teaching
and
learning
materials/aids)
for
children
with
special needs
Visual needs
Intellectual needs
Hearing needs
Rooms and dormitories being free of
unstable heavy equipment, furniture,
or other items that children could pull
down on themselves
Good condition of ceilings walls, floor
coverings, draperies, curtains, blinds,
furniture, fixtures, and equipment
Clear guidelines regarding access of
staff/visitors
in
identified
areas
especially
in
children’s
dormitories/toilets
Walls
and compound painted
with attractive
paints/cartoons/pictures etc.
Specialise
d
Adoption
A cradle has been placed with
adequate security near the outside
gate or not
Agency
Infants, toddlers and older children are
segregated or not
Restrictions on entry in the infants
and toddler areas
Freedom of movement of mobile
infants and toddlers in a safe area
Privacy maintained in toilets and
bathing areas or not
Rule 77:
Securi
ty
Meas
ures
Basic emergency medical care
equipment available or not
Special emergency medical care
equipment available or not
Child friendly bathrooms / bathing
areas (1:10) available exclusively for
children or not.
(Specify number)
Rule 41:
Sanitati
on
and
Hygiene
Child friendly toilets (1:7) available
exclusively for children or not
(Specify number)
Safe and purified drinking water
storage is available or not
Safe and purified drinking water is
provided to all children or not
Proper drainage and garbage disposal
facilities available or not
STAFF
One Person- in-Charge
Rule 36:
Manage
Two Counselor
Three Child Welfare Officer/
probation officer/Case workers
Four House Mother/ House Father
One Medical Officer (Physician)
One Para medical staff
One Store keeper cum accountant
ment and
Monitori
ng of
Child
Care
Institutio
ns
One (part time) Art and Craft cum
music teacher
One (part time) PT instructor cum
Yoga Trainer
One Driver
Two Cook
Two Helper
Two House Keeping
Security Guard
Any Other
Whether personal files of each staff are
available including-
Records of Recruitment
Reference Check
Signed declaration on the Code of
Conduct
Work Profile
Performance Appraisal
Female Superintendent / Manager
/In- Charge available for girls’ unit
TRAINING OF STAFF
Training organised for the staff viz:
Social Workers
Rule 102:
Training of
Personnel
Dealing
with
Children
Child Welfare Officers
Case Workers
Rehabilitation cum placement Officers
Care givers
House Fathers and House Mothers
Security personnel and other staff
The staff of the Child Care Institution
has been given refresher trainings or
not
Orientation and training on Child
Protection and Child Protection Policy
Rehabilitation-cum-Placement Officer
Rule 75:
Rehabili
tation-
cum-
Placem
ent
Officer
Superintendent/Manager/ In-charge
stay on the campus
Rule 71:
Duties of
the Person-
in- charge
of a Child
Care
Institution
CHILD CARE FACILITIES
Enough/safe toys are available and
accessible to children or not
Rule 48:
Recreation
al Facilities
Enough suitably equipped outdoor
space for play is available and
accessible to children or not
Availability of Baby Care Unit with
special
emergency
medical
care
equipment (MCE) or not
Availability of safe toys for infants and
toddlers to stimulate their healthy
development or not
Individual
beds
are
available
and provided to children or not
Rule 39:
Physical
Infrastruct
ure
Children segregated according to age
group for stay and activities or not
Children segregated according to
gender for stay and activities or not
Activities are conducted under staff
supervision to minimize the risk of
injury to children or respond as
promptly as possible or not
Rule
44/45:
Medical
Care and
Mental
Health
Active supervision of children in
emotional distress (due to fear,
trauma, or illness) or not
PREVENTION AND PROTECTION FROM ABUSE
Standard operating procedure for
child protection redressalfor
Response to an allegation of abuse
or exploitation or other form of
violence against a child
Abuse and
Exploitation
of the child
Standard operating procedure is
adhered to by staff and Management
Functional and accessible complaint
and grievance redressal mechanism
including for abuse prevention is in
place, such as-
Suggestion Box
A sign board for Complaints Mechanism
and whom to contact
Child helpline
CCTV Cameras
Management Committee
Children Committees
Regular Staff-Children Interface
Training and Orientation of children
Any complaint found in the
Suggestion or Complaint Book and
addressed
DAILY ROUTINE
Daily routine of activity is followed
Rule
42:
Dail
y
Rou
tine
Daily
routine
is
drawn
up
in
consultation
with
the
children’s
committee or as per the need
Daily routine is on public display at
prominent places in the institution
NUTRITION
Staff is aware of the nutritional
requirement of children at varying
stages of development
Rule 43:
Nutrition
and Diet
Meals are planned in consultation with
children
Scale
Meals are provided in accordance with
prescribed norms/diet scale
Birthdays of children are celebrated
Special
meal
is
provided
during festivals/occasions
Special diet is provided to sick/special
health children, as per advice of Doctor
Home
receives
sponsored
cooked/uncooked food items, lunch,
dinner etc. from donors
Cooked
food
if
sponsored
is
tasted/checked by care giver before
serving
Ayah/caretakers are supervised by
other staff while babies are fed
CLOTHING, BEDDING HYGIENE
All children are provided individual,
clean, seasonal and age appropriate
clothes, articles and toiletries as per
norms
Rule 40:
Clothing,
Bedding,
Toiletries
and
other
articles
All children are provided individual,
clean, seasonally appropriate mats
and sleeping materials as per norms
Sleeping material is cleaned /
sanitized regularly or before
reuse as needed
Rule 41:
Sanitation
and
Hygiene
Rooms are regularly fumigated,
disinfected and material provided to
each child for prevention of
infection and disease
Each child has been allocated a
secured space to store personal
belongings
Old articles like clothes, bed sheets,
mats, bedding, etc. if donated, are
cleaned/ disinfected before use
Whether following facilities
available in Home for children:
Fans
Coolers
Air Conditioner
Heaters for Winter
HEALTH CARE
Every child undergoes a health check-
up on admission
Rule
44/45:
Medic
al
Care/
Mental
Health
Every child has regular health checkups
Every child has health card and the
records/files are maintained and
updated
Nurse/paramedical staff is available in
the home at night
Medicines are administered to the
child by a staff/ nurse
Staff is trained to provide First Aid
Mandatory Immunization is
done of children up to 6 years
of age
EDUCATION
Educational assessment is conducted
and need of every child addressed
Rule
46/79:
Educati
on/
Instituti
onal
Manage
ment of
Children
All children are provided with age
appropriate formal education
Enough
emphasis
on
stimulating
infants to learn through a play way
learning process
Age appropriate, feasible and market
oriented vocational training is provided
Rule 47:
Vocation
al
Training
Children are consulted in selecting
vocational training being provided to
them
Age appropriate life skill education is
provided
RECREATION
Indoor recreation facilities are
available for children
Rule 48:
Recreation
al Facilities
Outdoor recreation facilities are
available for children
Staff engage with children in such
recreation activities
Any innovative activities to develop
cooperation/ participation, resilience,
etc. are harnessed
ADMISSION AND REPORTING
All children admitted to the Home
are produced before the Child
Welfare Committee within the
prescribed time limit (24 hours)
Section
31/ Rule
23:
Productio
n before
Committe
e
All children admitted and are in
reception unit are produced
before the CWC once in 14 days
until the final order
All children in the Home are
housed in compliance with the
Child Welfare Committee orders
has a temporary placement order
All children in the Home who are
housed for more than 6 months
have the final placement order
All children admitted to the Home
are produced before the Juvenile
Justice Board within the
prescribed limit
Section
10/Rule 8:
Productio
n
before
the
Board
All children in the Observation Home
Special Home/Place of Safety are
housed in compliance with the
Juvenile Justice Board Orders
Every child is restored through the
Child Welfare Committee or the
Juvenile Justice Board
The case history of each child is
submitted before the Child
Welfare Committee within the
stipulated time period as
directed
Rule 24
/ 79:
Inquiry/
Instituti
onal
Manage
ment of
Children
The Home has made efforts to
trace the biological family/guardian
of the child
Home submits any report of its own
efforts to trace biological families to
the Child Welfare Committee
INDIVIDUAL CASE RECORD
Individual Care Plan is prepared for
every Child
If yes, Individual Care Plan is
prepared for every child is being
implemented
A professional Social Worker or
experienced personal has prepared
the Individual Care Plan (ICP) for
every child
ICP has been prepared for children in
the
Home
within
30
days
of
admission of the child
MAINTENANCE OF RECORDS
Home maintains a master admission
register
Rule 87:
Mainte
nance
of
Register
s
Home updates the master admission
register in Track Child
Home updates the master admission
register in centralised database and
portal relating to children and
prospective adoptive parents for the
purpose of adoption
Number of children present tallies
with the attendance register as on
date
Monthly data about children is sent to
State Adoption Resource Agency/
District Child Protection Unit as the
case may be
Rule
29:
Open
Shelter
Documentary proof of restoration-
parent/guardian letter with identity
proof regarding the same is available
Whether
details
of
legally
free
children for adoption is maintained by
the institution
The Child Care Institution maintains
all the relevant information of the
child i.e. --
Individual case file with individual care
plan
Case History
Inquiry report
Child Welfare Committee Orders
Medical Examination Report (MER)
Child Study Report (CSR)
Home Study Report (HSR)
Birth Certificate
Court order
Quarterly Progress Report
Health report
Report of counselor or social worker,
social history/case history of each child
is available in the personal file
Rule 87:
Mainte
nance
of
Register
s
Initial reports of interaction with the
child are on record
REGISTERS
Master Admission and discharge register
Supervision register
Case file of each child
Medical File and Medical Report
Attendance register of children and staff
Production of children before
CWC/JJB/CC and Orders of CWC/JJB/CC
Book
Information about children
contacting/meeting the
parents/guardians
Children’s suggestion book/file
Voucher, Cash Book, Ledger, Journal
and Annual Accounts
Grant utilization register
Stock register
Record of minutes of meetings of--
Management Committee
Complaints Redressal Committee
minutes
Staff-Children interaction minutes
Staff-Meetings
Nutrition/diet register
Budget statement register
Visitors’ book
Staff movement register
Personal belonging register
Children’s movement register
IF A SPECIALISED ADOPTION AGENCY
There is a professional social worker/
experienced personnel available in
the agency for preparing Child Study
Report
Formal Child Study Report of each
child is prepared after the child is
declared free for adoption by the
Child Welfare Committee
There is a professional social worker/
experienced personnel available in
the agency for preparing Home Study
Report
Medical Examination Report of each
child is prepared after the child is
declared free for adoption by the
Child
Welfare
Committee
by
a
pediatrician
There was pendency of completion of
Home Study Report
There was pendency of completion of
Child Study Report
There was pendency of completion of
Medical Examination Report
All the reports are uploaded on
centralised
database
and
portal
relating to children and prospective
adoptive parents for the purpose of
adoption
ADOPTION RELATED
The agency expeditiously uploads
Child
Study
Report,
Medical
Examination Report, as soon as
children become legally free for
adoption
Specialised
Adoption
Agency
The decision for referral and matching
of each child is taken by the Adoption
Committee
Specialised
Adoption
Agency
The agency prepares every adoptable
child psychologically for his or her
assimilation with the adoptive family
and the new surroundings
The
agency
has
developed
leaflets/pamphlets/literature/
any
other publicity materials depicting the
process of adoption
Adoption register is maintained and
complete adoption file of each child
placed in adoption is available
Regular follow-ups of children placed
in adoption
The agency receives/maintains post
placement progress reports in respect
of children placed in in-country
adoption and inter-country adoption
All post-adoption records are kept in a
manner, which prevents accessibility
of larger public
The agency kept all the information
and documents as well as belongings
of the child in safe custody
There has been a plan how to
preserve the information and how to
disseminate in case the child comes
for searching the root
There
has
been
any
disruption
occurred in case of children placed in
in-country adoption
There
has
been
any
disruption
occurred in case of children placed in
inter-country adoption
The agency completes the Home
Study Report
of
all Prospective
Adoptive
Parents
registered,
expeditiously and within stipulated
time frame
The agency places a child in pre-
adoption Foster Care on completion
of assigning and referral processes
and
after
observing
necessary
formalities as laid down in the
Guidelines
The agency receives Adoption fees as
per the Norms
The
agency
obtains
appropriate
information
from
birth
parent(s)
before surrender of the child
The agency gets the surrender deed
executed only in the presence of the
Child Welfare Committee
The agency explains the implications
of surrendering their child to the
parents including the possibility of
adoption of the child by foreigners and
of no further contact with him or her
The agency informs the parent(s) that
from the date of surrender they would
get a reconsideration period of sixty
days during which period they can
take back the child
The
agency
maintains
the
confidentiality of the unwed mother
and the biological parents
The agency restores the child to the
biological
parents
after
the
reconsideration period is over, if
claimed by the parents
The agency provides counselling to
Prospective Adoptive Parents and
children as and when required by
them
The agency provides counselling to
Prospective Adoptive Parents before
the Home Study Report is prepared
The
agency
advices/encourages
Prospective
Adoptive
Parents
to
contact Adoptive Parents Associations,
adoptive families and older adoptees
to understand the entire process of
adoption
The agency counsels the adoptive
parents, not to change the name of an
older child so as to help the child keep
his or her identity
FINANCIAL TRANSPARENCY
Details of information about the
sources of funding and that of the
organisation as whole or separately
available
Sources of
Funding- Govt.
aid/ grant
National Donors
International Donors (FCRA)
Corporate Donors
Own sources
Others
Details of project wise Bank Account(s)
maintained by it with A/c No, purpose,
amount
received
including
FCRA
Account available
Accoun
ts
and
Audit
The Home submits a copy of audited
accounts of organization with its audit
report and Annual Report within six
months from date of closing of
financial year, to State Government
The accounts are audited annually by
an authorized Chartered Accountant
The Home has provided copies of
Audited Statement of Accounts and
Foreign Contribution (Regulation) Act
2010, Returns for last 2 years to the
competent authority
Grants are released as per norm and
time taken for
The agency has provided information
about the details of child wise
adoption charges received during last
two years for in-country and inter-
country separately
Specialised
Adoption
Agency
The agency receives adoption charges
over and above the prescribed norms
The agency maintains financial records
including receiving and utilization of
adoption fee
The Home submits a copy of audited
accounts of organization with its audit
report and Annual Report within six
months from date of closing of
financial year, to State Government
The Adoption Agency utilizes funds
available in the form of Adoption fee
in accordance with the specified
norms
The accounts are audited annually by
an authorized Chartered Accountant
INSPECTIONS
The Home has been inspected by the
Inspection Committee
Rule 51:
Inspectio
n
Feedback was provided on the
inspection by the Inspection
Committee
The feedback report is positive
The Home has been inspected by the
Child Welfare Committee
Section 30:
Functions
and
Responsibil
ities of
Committee
Feedback was provided on the
inspection by the Child Welfare
Committee
The feedback report is positive
The Home has been inspected by the
Juvenile Justice Committee of the High
Court
Inspections
conducted
by JJ
Committee
and
Departmen
t of WCD
Feedback
was
provided
on
the
inspection by the Juvenile Justice
Committee of the High Court
The feedback report is positive
The Home has been inspected by the
appropriate authority of Department
of Women and Child Development
Feedback
was
provided
on
the
inspection by appropriate authority of
Department of Women and Child
Development
The feedback report is positive
The Home has been inspected by the
National Commissions for Protection
of Child rights
Rule 105:
Monitoring by
KSCPCR
Feedback
was
provided
on
the
inspection
by
the
National
Commissions for Protection of Child
rights
The feedback report is positive
The Home has been inspected by the
State Commissions for Protection of
Child rights
Feedback
was
provided
on
the
inspection by State Commissions for
Protection of Child rights
The feedback report is positive
Previously, Social audit has been
conducted of the Home and the report
has been positive
The Home has a copy of the inspection
recommendations and record of action
thereof
Rule 51:
Inspection
Any improvement has taken place
based on the Inspection Reports
PROGRAMMATIC LINKAGES
Medical care and Mental health
services for children
Rule 44: Medical
Care
Education
Rule 46: Education
Vocational training
Rule 47:
Vocational
Training
Life Skills, Art and Dance and Drama
therapy and Occupational therapy and
other issue-based workshops
Rule 48:
Recreational
Facilities
Recreational activities including sports
Hobby classes
Health including speech/physiotherapy
Rule 45: Mental
Health
Legal aid services
Rule 49:
Management
Committee
De-addiction services
Rule 37: Fit
Facility
With appropriate authorities for birth
registration,
identity
proof
and
reserved/ special category certificate
The Home has established linkages
with other Child Care Institution for
rehabilitation of children with special
needs
Restoration and Rehabilitation of
children and their linkage established
with-
Child Welfare Committee
Juvenile Justice Board
Child Helpline
District Child Protection Unit
Empaneled independent expert invited
to management committee on a
quarterly basis for implementation of
CPP
District Sponsorship & Foster Care
Approval Committee
Details of adoptable children have
been
uploaded
on
centralised
database
and
portal
relating
to
children and prospective adoptive
parents for the purpose of adoption
Section 65:
Specialized
Adoption
Agency
Specialised Adoption Agency is located
in the same premises
With appropriate authorities for birth
registration,
identity
proof
and
reserved/ special category certificate
Any other Institution is also located in
the same premises
Violations
1. Violation of the Juvenile Justice (Care and Protection of Children) Act, 2015 and the Rules
2. (a) Violation of Protection of Children from Sexual Offences Act, 2012.
(b) If yes, whether Section 19 of the Protection of Children from Sexual Offences Act, 2012
was followed?
3. Any other Violation/Observation/Remarks: None.
Interaction with Children
During the Inspection, informal interaction with the children may be held with a
group of children of appropriate age group in an open friendly environment to
find out about their safety, security and protection from offence in the
Institution. The interaction may focus on education, skilling, sports, co-
curricular activities. The confidentiality of the children also needs to be
ensured.
1. General Principles to Conduct the Interaction
The following General Principles has to be followed throughout the conduct of
Interaction:-
(i) Confidentiality
(ii) Transparency
(iii) Participation
Keep the questions simple and general. Show that you are genuinely interested in the
child/children.
2. Rapport Building and generic Conversation- Begin the discussion with a general, open-
ended question about the topic such as asking about the views about the Home that the
children are staying in. The inspecting team/officials can ask the children about the positives
and negatives of the Home.
3. Discussing general issues- The inspecting team/officials should ask general questions to the
children to gain their trust and confidence. The general questions can be focussed on issues
with the administration and staff, issues faced by children while staying in the Home, how
helpful are the staff of the Home, measures for reporting a complaint and information about
child protection policy in the Home.
4. OBSERVATIONS on the interaction-
If any case of child abuse is observed/suspected, then it should be immediately reported as
per provisions of Section 19 of the POCSO Act.
Observations/ Remarks: ...................................................................................
Name of inspection Committee member:
Signature:
Name of inspection Committee member:
Signature:
Name of inspection Committee member:
Signature:
Name of inspection Committee member:
Signature:
FORM 46A
[See Rule 26(4), 26(20)]
INSPECTION FORMAT FOR REGISTERATION AND RENEWAL OF A CHILD CARE
INSTITUTION
State:
District:
Name of Institution:
Educational facility:
Type of Facility:
(Children Home/Observation Home/Special Home/Place of
Safety/Open Shelter/Specialised Adoption Agency/Fit Facility)
Name and address of the Institution: …………………………
Acts/Rules
Indicator
Status
(Yes or
No)
Remarks
(In case of
No
Compliance
or Partial
Compliance)
I. LEGAL STATUS
Registration of the
Child Care
Institution
Registration of the Parent
Organization under the Societies
Registration Act 1860/The Indian Trusts
Act 1882/The Companies Act 2013
Registration No. of the Parent
Organization:
under the
Societies
Registration
A
1860/The Indian Trusts Act 1882/The
Companies Act 2013
Foreign Contribution (Regulation) Act
2010, Registration (if any)
II.PHYSICAL INFRASTRUCTURE
Sign board displayed indicating
name, type of CCI, contact details
Rule 39:
Boundary wall/fencing
Physical
Infrastructur
e
Classroom
Dormitories
Kitchen
Counseling
Recreation
Sick room
Library
Visitors’ room
Vocational training
Dining hall
Store
Record room
Office room
Staff Residence
Bathrooms
Toilets
Good condition of ceilings walls,
floor coverings, draperies, curtains,
blinds, furniture, fixtures, and
equipment
Rule 41:
Sanitation
and Hygiene
Child friendly bathrooms / bathing areas
(1:10) available exclusively for children
Child
friendly toilets
exclusively for children
(1:7)
available
Safe and purified drinking water storage
is available
Safe and purified drinking water is
provided to all children
Proper
drainage and garbage disposal
facilities available
Clear guidelines regarding access of
staff/visitors in identified areas especially
in children’s dormitories/toilets
III. MANAGEMENT/ STAFFING PATTERN
Rule 36:
Management
and Monitoring
of Child Care
Institutions
1 Person in Charge
2 Counselor
3 Child Welfare Officer/
probation officer/Case workers
4 House Mother/ House Father
1 Medical Officer (Physician)
1 Para medical staff
1 Store keeper cum accountant
1 (part time) Art and Craft cum
music teacher
1 (part time) PT instructor cum
Yoga Trainer
1 Driver
2 Cook
2 Helper
2 House Keeping
Security Guard
Any Other
Female Superintendent / Manager /In-
Charge available for girls’ unit
Rule 102:
Training of
Personnel
Dealing with
Children
Training organized for the staff on Child
Rights / Protection
Care Giving
Rehabilitation
Juvenile Justice (Care and Protection
ofChildren) Act, 2015
Mission Vatsalya
Rule 86:
Prevention of
identification
and reporting of
abuse and
neglect of the
Training and Orientation of care givers
Training and Orientation of children
child
Rule 75:
Rehabilitation-
cum- Placement
Officer
Rehabilitation-cum-Placement Officer
Rule 71: Duties
of the Person-
in- charge of a
Child Care
Institution
Superintendent/Manager/ In-charge
stay on the campus
IV. FUNCTIONALITY
Rule 39:
Physical
Infrastructur
e
Computer with internet accessibility
Records stored safely
Essential Details including-
EmergencyNumbers
Duty Chart
Menu Chart
Attendance Status
Weekly Programme Schedule
Safe transport facility for children
attaining education outside the campus
Separate facilities for children from staff
and management
Facilities and support (equipment, staff,
teaching and learning materials/aids) for
children with special needs
visual needs
Intellectual needs
hearing needs
others
Rooms and dormitories is free of
unstable heavy equipment, furniture, or
other items that children could pull down
on themselves
Rule 77:
Security
Measures
Privacy maintained in toilets and bathing
areas
Basic emergency medical care equipment
available
Special emergency medical care
equipment available
V. PREVENTION AND PROTECTION FROM ABUSE
Rule 86:
Prevention of
identification
and reporting of
abuse and
neglect of the
child
Standard operating procedure for child
protection
Functional and accessible complaint and
grievance redressal mechanism including
for abuse prevention is in place, such as-
Suggestion Box
Child Helpline
CCTV Cameras
Children Committees
Regular Staff-Children Interface
VI. DAILY ROUTINE AND FACILITIES
Rule 42:
Daily
Routine
Daily routine is drawn up in consultation
with the children’s committee and/or with
children’s participation or as per the need
Daily routine is on public display at
prominent places in the institution
VII. NUTRITION AND RECREATION
Rule 43:
Nutrition and
Diet Scale
Staff is aware of the nutritional
requirement of children at varying stages
of development
Rule 48:
Recreational
Facilities
Enough/safe toys are available and
accessible to children
Enough suitably equipped outdoor space
for play is available and accessible to
children
Indoor recreation facilities are available
for children
Outdoor recreation facilities are available
for children
Any innovative activities to develop
cooperation/ participation, resilience, etc.
are harnessed
VIII. CLOTHING, BEDDING HYGIENE
Rule
40:
Clothing,
Bedding, Toiletries and
other articles
clean, seasonal and age appropriate
clothes, articles and toiletries as per norms
are available
clean, seasonally appropriate mats and
sleeping materials as per norms are
available
Rule 41: Sanitation
and Hygiene
Sleeping material is cleaned /sanitized
regularly or before reuse as needed
Rooms
are
regularly
fumigated,
disinfected and material provided to each
child for prevention of infection and
disease
secured space to store personal
belongings is available for each child
Whether following facilities available in
Home for children:
Fans
Coolers
Air Conditioner
Heaters for Winter
IX. HEALTH CARE
Rule 44/45:
Medical Care/ Mental
Health
Nurse/paramedical staff is available in
the Home at night
Staff is trained to provide First Aid
X. EDUCATION
Rule 46/79:
Education
To provide age appropriate education
option is available
Rule 47: Vocational
Training
Option for age appropriate, feasible and
market oriented vocational training is
available
XI. RECORD MAINTENANCE
Rule 87:
Maintenance of
Registers
Master Admission and discharge register
Supervision register
Medical File and Medical Report
Attendance register of children and staff
Production of children to CWC/JJB and
Order Book
Inquiry report file
Children’s suggestion book/file
Voucher, Cash Book, Ledger, Journal and
Annual Accounts
Grant utilization register
Stock register
Nutrition/diet register
Budget statement register
Visitors’ book
Staff movement register
Personal belonging register
Children’s movement register
XII. FINANCIAL TRANSPARENCY
Details of information about the sources of
funding and that of the organisation as
whole/ separately available
Sources of Funding-Government aid/grant
National Donors
International Donors under the
Foreign Contribution (Regulation) Act
2010
Corporate Donors
Own sources
Others
Details of project wise Bank Account(s)
maintained by it with A/c No, purpose,
amount received including FCRA Account
available
RECOMMENDATION BY DISTRICT MAGISTRATE FOR REGISTRATION –
1. Details of violations or discrepancies or not as per norms observed:–
2. The district already has
No. of Child Care Institutions
(viz., Children Home,
Observation Home,
Shelter Home,
Special
Home, _
_Special
Adoption Agency) and
Juvenile Justice Boards,
Child
Welfare Committees, _____________________District Inspection Committees and
has /does not have (tick as applicable) a requirement for additional Child Care
Institution.
3. In view of the above, the said Child Care Institution is recommended for
consideration for registration/renewal of registration.
OR
In view of the above, the said Child Care Institution is not
recommended for consideration for registration / renewal of registration.
(whichever is applicable)
Sign and Stamp
(Name)
District Magistrate
District:_______________
Date:______________
Karnataka State
Form 47
[See Rule 28(5), 28(8) and 28(9)]
INSPECTION FORM FOR GROUP FOSTER CARE
(Fill as applicable)
Date and time of visit:
Name and designation of the officials inspecting the Home :
1. ………….
2. ………….
3. ……………
Name and address of Group Foster Care:
Name of Foster Parents of Group Foster Care Facility: …………..
Contact No. ………………….
E-mail ID: ……………………….
Indicator
Status
(Yes/ No)
Remarks
(In case of no
compliance or
partial compliance
Legal Status
Previous registration of
the facility as a
Group Foster Care
Rule 28:
Registration of the
Group Foster Care
Date of previous
registration
Was the registration of
the Group Foster Care
cancelled any time?
If yes, date of
cancellation
Specify reasons
Has police verification
been done for all adult
members living in the
group foster care
facility?
STATUS OF CHILDREN
Sanction capacity
(in numbers)
Total number of
Children living in the
group foster care
facility
Number of biological
and adopted children
Number of other
children under care of
the family who are not
placed by the Child
Welfare Committee
Number of children
placed under foster care
by the Child Welfare
Committee
Number of siblings
placed in foster care
Are there children in
the age group of 0-5
years?
Specify
Number of children
with special needs
placed in the group
foster care
No. of new placements
by the Child Welfare
Committee in the
current month
No. of children who
have moved out of the
group foster care in the
current month
including:
No. of children restored
to biological family /
guardian.
No. of children placed
in adoption with
another family
No. of children placed
in adoption with the
foster parents of the
group foster care
No. of children who
have completed 18
years and moved to
after care / released
No. of children moved
to CCI
PHYSICAL INFRASTRUCTURE
Building (Rented or
owned)
Number of rooms are
sufficient for
sanctioned capacity of
children
Kitchen, available or
not
Recreation with
television
Number of Bathrooms
are sufficient for
sanctioned capacity of
children
Individual beds are
available and provided
to children
Children segregated
according to age group
for stay
Children segregated
according to gender for
stay
INFRASTRUCTURAL FACILITY
Whether rooms are free
of unstable heavy
equipment, furniture, or
other items that could
harm children, or not
Whether good
condition of ceilings
walls, floor coverings,
draperies, curtains,
blinds, furniture,
fixtures, and equipment
Privacy maintained in
toilets and bathing areas
or not
Basic emergency
medical care equipment
available or not
Special emergency
medical care equipment
available or not
CHILD CARE FACILITIES
Enough/safe toys are
available and accessible
to children or not
Enough suitably
equipped outdoor space
for play is available and
accessible to
children or not
PREVENTION AND PROTECTION FROM ABUSE
Whether Standard
operating procedure for
child protection is in
place or not
What is the method of
disciplining children
used by the family?
(Describe)
Is corporal punishment
used?
Are harmful methods of
restricting and
restraining children
such as binding/ tying
the child etc used?
Are food, rest or use of
toilet withheld as a
form of punishment?
Whether any previous
cases of child abuse,
neglect, cruelty etc.
reported against the
foster family or not
(Give Details)
NUTRITION
Whether Foster Family
is aware of the
nutritional requirement
of children at
varying stages of
development or not
Whether meals are
planned in consultation
with children or not
CLOTHING, BEDDING HYGIENE
Whether all children are
provided individual,
clean, seasonal and age
appropriate clothes,
articles and toiletries as
per norms or not
Whether sleeping
material is cleaned
/sanitised regularly or
before reuse as needed
or not
Rooms are regularly
cleaned
Whether each child has
been allocated a
secured space to store
personal belongings or
not
HEALTH CARE
Whether Foster Family
is trained to provide
First Aid or not
Whether Foster Family
is aware of basic
medicines which would
be required to be
administered to
children in case of
sickness, emergencies
or not
Whether the Foster
Family has access to a
paediatrician/ general
physician / health care
facility
EDUCATION
Whether all children are
provided with age
appropriate and
developmentally
appropriateformal
education or not
Whether all children are
admitted in school or
not
Whether all children are
attending and going to
school regularly or not
Whether Foster Family
is able to help or
arrange help for the
children with their
education like
homework, projects,
presentations or not
RECREATION
Whether indoor
recreation facilities are
available for children or
not
Whether outdoor
recreation facilities are
available / accessible
near by for children or
not
MAINTENANCE OF RECORDS
Group Foster Care
maintains all the
relevant information
of the child i.e. --
Individual case file
containing:
Child Study Report
(CSR)
Case History
Individual Care Plan
updated periodically by
DCPU
CWC Orders relevant
to foster care
Birth Certificate and
other Identity
documents
School and health
records before
placement with foster
family
Quarterly Progress
Report
School progress/ report
card after placement
Non-academic activities
and achievements of the
child after placement
Counselling reports of
the child and the foster
parents after placement
Health report/ records
of the children in foster
care
Immunization card
where applicable
Records of
visitation/contact with
biological family
FINANCIAL COMPLIANCES
Details of information
about the sources of
income of Foster
Family is available
Foster Family has
sufficient income to
provide for sanctioned
capacity of foster
children
If the group foster care
has been approved for
special needs children,
then the income is
sufficient to provide for
the care and protection
of special needs
children
Other sources of
funding
(Government/Private)
IT returns record of
each of the foster
parent(s) / foster care
givers for the last three
years
Or
Bank Statement for
last 3 months of
Foster Parents
Or
Income Certificate of
Foster Family
INSPECTIONS
The Home has been
inspected by the
Inspection Committee
Feedback was provided
on the inspection by the
Inspection Committee
The feedback report is
positive
The Home is being
inspected by the Child
Welfare Committee
every month
The Home has been
inspected by the
National Commissions
for Protection of Child
rights / State
Commissions for
Protection of Child
Rights
Section 109:
Monitoring by
National/ State
Commission for
Protection of Child
Rights
Feedback was provided
on the inspection by the
National Commissions
for Protection of Child
rights / State
Commissions for
Protection of Child
rights
The feedback report is
positive
Any improvement has
taken place based on
the Inspection Reports
I. Violations
(a) Violation of Protection of Children from Sexual Offences Act, 2012.
If yes, whether Section 19 of the Protection of Children from Sexual Offences Act, 2012
was followed:
(b) Any Other Violation/Observation/Remarks:
II. RECOMMENDATION BY DISTRICT MAGISTRATE FOR REGISTRATION
In view of the above, it is recommended that the said Group Foster Care is fit for
providing registration/renewal of registration and if not the case – not fit to provide
registration/ renewal of registration.
Sign and Stamp
(Name)
District Magistrate
District __________
Karnataka State
Date_____________
FORM 48
[Rule 28(7)]
CERTIFICATE OF REGISTRATION OF GROUP FOSTER CARE
After perusal of the documents and on the basis of an inspection of the facility
conducted on (date)............ the facility is recognized as a Group Foster Care under the
Juvenile Justice (Care and Protection of Children) Act, 2015, and Karnataka State
Juvenile Justice (Care and Protection of Children) Rules, 2025 with effect from..... for
a period of .....years.
The Group Foster Care shall remain bound to follow the Juvenile Justice (Care and
Protection of Children) Act, 2015, Karnataka State Juvenile Justice (Care and
Protection of Children) Rules, 2025 and regulations framed by the appropriate
Government from time to time.
Dated this........................day of ........................20 .........................
(Signature)
(Seal)
Name and Designation……………………………………………
FORM 49
[See Rule 18(7)]
AFFIDAVIT BY THE PERSON APPLYING FOR CHAIRPERSON OR
MEMBER OF THE COMMITTEE
I ........................... applying for the position of Chairperson/Member of Child Welfare
Committee ........................................, hereby certify that I am not barred by any of the
conditions laid down in Section 27(4A) of the Act, i.e.,
(i) I do not have any past record of violation of human rights or child rights,
(ii) I have not been convicted of an offence involving moral turpitude, and such
conviction has not been reversed or has not been granted full pardon in respect of such
offence,
(iii) I have not been removed or dismissed from service of the Government of India or
State Government or an undertaking or corporation owned or controlled by the
Government of India or State Government,
(iv) I have never indulged in child abuse or employment of child labour or immoral act
or any other violation of human rights or immoral acts.
(v) I am not part of management of a child care institution in the District.;
2. If found otherwise by the State Government, I shall be liable for punitive action.
(Signature of the person)
Name and other particulars
FORM 50
[See Rule 28 (2)]
DECLARATION BY THE FOSTER FAMILY/PERSONS APPLYING FOR GROUP
FOSTER CARE
I/we ........................... applying for the Group Foster care hereby certify that:
(i) I/we do not have any previous conviction record.
(ii) I/we are not involved in any immoral act or in any act of child abuse or
employment of child labour.
(iii) I/we have not been black listed by the Central or State Government.
2. If found otherwise by the State Government, I shall be liable for punitive action and
immediate disqualification.
(Signature of persons/foster family)
Name and other particulars
FORM 51
[See rule 54(3)]
MONTHLY STATUS REPORT TO DISTRICT
MAGISTRATE ON CHILDREN WHO ARE NOT BEING
ADOPTED AFTER BEING DECLARED LEGALLY FREE FOR
ADOPTION AND ARE ELIGIBLE FOR FOSTER CARE
(*Children who have been declared legally for adoption but are not placed in adoption
within a specified period after being declared)
District:__________________________ Reporting Month, Year
I: Status of children not being adopted after being declared
legally free for adoption (LFA) and eligible for foster care
under rule 54
Number of
children
waiting in
SAA/CCI
at the end of
previous
month
No of
additional
children
identified
during the
current month
Number of
children
placed in
foster care
during the
month
Number of
children
waiting in
SAA/ CCI at
the end of
current month
Special needs
children: More
than 1 year since
declared LFA
“Hard to place”
children*
without special
needs
Total
*Hard to place children- , children legally free for adoption who do not get a family either in in-country adoption or in
inter-country adoption as defined in 2(13) Adoption Regulations 2022
II: List of children not being adopted after being declared legally free for adoption
(LFA) and eligible for foster care under rule 54
S.
N
o.
CCI/
SAA
Name of
Child
Date
of
Birth
Sex
Orphan/
Abando
ned/
Surrend
ered
Special
Needs
(Y/N)
LFA
Certifica
te Date
Placed in
Foster
Care
(Y/N)
Date
plac
ed in
Fost
er
Care
If not
placed
in
Foster
Care,
reason
s
for the
same
Name, Signature and Seal of District Child Protection Officer
District Child
Protection Unit District
Date:
FORM 52
[See rule 58(4)]
QUARTERLY REPORT ON ADOPTIONS TO DISTRICT
MAGISTRATE
District:
Year : 1st April 20
to 31st March 20
I. Children placed in adoption
Children with NO
special needs
Children WITH special needs
Quarter
In Pre-
adoption
Foster Care
Finalised
by Court /
District
Magistrate
In Pre- adoption
Foster Care
Finalised by
Court /
District
Magistrate
Total
Name of SAA:
Quarter 1
(April to
June)
In-
Country
Inter-
Country
Qtr 1
Total
Quarter 2
(July to
Sept)
In-
Country
Inter-
Country
Qtr 2
Total
Quarter 3
(Oct to
Dec)
In-
Country
Inter-
Country
Qtr 3
Total
Quarter 4
(Jan to
March)
In-
Country
Inter-
Country
Qtr 4
Total
SAA
Total:
District
Total:
II. Number of unsuccessful adoption placements
Quarter
Disrupted during Pre-
adoption Foster Care
placement
Dissolutions: in
process after adoption
is finalised
Dissolutions
annuled by Court/
District Magistrate
Name of SAA:
Quarter 1
(April to
June)
In-
Country
Inter-
Country
Qtr 1
Total
Quarter 2
(July to
Sept)
In-
Country
Inter-
Country
Qtr 2
Total
Quarter 3
(Oct to
Dec)
In-
Country
Inter-
Country
Qtr 3
Total
Quarter 4
(Jan to
March)
In-
Country
Inter-
Country
Qtr 4
Total
SAA
Total
District
Total
Instructions: This report has to be updated on a quarterly basis by the DCPU using
updated data from CARINGS for all SAAs in the district
Name, Signature and Seal of District Child Protection Officer
District Child Protection Unit
District
Date:
FORM 53
[See rule 59(2)]
MONTHLY REPORT OF STATUS OF LINKED CHILD CARE
INSTITUTIONS AND SPECIALISED ADOPTION AGENCIES TO
DISTRICT MAGISTRATE
District:
Reporting Month, Year
I Summary of CCI and SAA linkage
Number
of CCIs
Number
of SAAs
Number of CCIs linked
with SAAs
Number of CCIs yet
to be linked
II List of CCIs yet to be linked with SAA
S.
No
Name and
address CCI
Reasons why linkage is
pending
Expected
completion date
III: Status of Orphan, Abandoned and Surrendered children in linked SAAs
Child
Category
Number of
children
whose
cases are
under
process
from
previo
us
month
No of
new
cases of
children
identified
during
the
current
month
Number of
children
declared
legally free
for adoption
during the
month
Number
of
children
whose
cases are
pending
at the
end of
current
month
1. CCI -1 Name and Address:
Linked SAA Name and Address:
Orphan
Abandoned
Surrendered
CCI -1 Total
2. CCI -2 Name and Address:
Linked SAA Name and Address:
Orphan
Abandoned
Surrendered
CCI -2 Total
District
Total
IV: List of Orphan, Abandoned, Surrendered Children in linked CCIs
No.
CCI
Name
Name
of
Child
Date
of
Birth
Sex
Category
Orphan/
Abandoned/
Surrendered
If child is
LFA, date of
LFA
If not
LFA, date
on which
Police
report/ FIR/
complaint
filed
DD/FIR
number
Reasons
why
child is
still not
declared
LFA
Name, Signature and Seal of District Child Protection Officer
District Child Protection Unit, District
………………………………………….
Date:
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