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असाधारण
EXTRAORDINARY
Ĥाͬधकार से Ĥकाͧशत
PUBLISHED BY AUTHORITY
Part II - Section 3
केÛġ-शाͧसत Ĥदेश लɮदाख Ĥशासन
ADMINISTRATION OF UNION TERRITORY OF LADAKH
M-13/41/2021- STW
Social & Tribal Welfare Department
NOTIFICATION
Ladakh, 4th June, 2024
S.O. 22- Whereas, the draft Rules, namely, the Ladakh Juvenile Justice (Care and Protection
of Children) Rules, 2024 which the Administration of the Union territory of Ladakh, proposed to make
in exercise of the powers conferred by the proviso to sub-section (1) of section 110 of the Juvenile Justice
(Care and Protection of Children) Act,2015 (No.2 of 2016) (hereinafter referred to as the “said Act”),
were pre-published vide Notification No.M-13/41/2021-Office of DIR (STW)/6474-77 dated06th
March, 2024, on the Official website of the Union Territory of Ladakh, inviting objections and
suggestions from all persons likely to be affected thereby within a period of thirty days from the date of
publication of the said Notification in the Official Gazette;
And whereas, the draft Rules were made available to the public on 06th March, 2024;
लɮदाख, 11 जून, 2024
LADAKH, TUESDAY, JUNE, 11, 2024
भारतसरकार
GOVERNMENT OF INDIA
एस.जी.-एल.डी.-अ.-12062024-1303
SG-LD-E-12062024-1303
And whereas, objections/suggestions received from the public on the said draft Rules, within
the stipulated time, have been considered by the Administration of Union territory of Ladakh.
Now, therefore, in exercise of the powers conferred by proviso to sub-section (1) of section 110
of the Juvenile Justice (Care and Protection of Children) Act, 2015 (No.2 of 2016), and all other powers
enabling it in this behalf, the Lieutenant Governor, Union territory of Ladakh, hereby makes the following
rules, namely: ⸺
CHAPTER–I
PRELIMINARY
1.
Short title and commencement. ⸺ (1) These rules may be called ‘The Ladakh Juvenile Justice
(Care and Protection of Children) Rules, 2024’.
(2)
They shall come into force on the date of their publication in the Official Gazette.
2.
Definitions. ⸺ (1)
In these model rules, unless the context otherwise requires, ⸺
(i)
“Act” means the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016);
(ii)
“Authority” means the Central Adoption Resource Authority constituted under section 68 of the
Act;
(iii)
“Case Worker” means a representative from a registered voluntary or non- governmental
organization who shall accompany the child to the Board or the Committee and may perform such
tasks as may be assigned to him by the Board or the Committee;
(iv)
“Child Study Report” means the report which contains details about the child, such as his date of
birth and social background;
(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 disabled children, serving as traffic volunteers etc.;
(vi)
“conflict of interest” means a situation in which a person has a private or personal interest sufficient
to appear to influence the objective exercise of his or her official duties and where such person
shall be ineligible to be associated with any statutory structure defined under the Act.;
(vii) “Form” means the forms annexed to these rules;
(viii) “Home Study Report” means a report containing details of prospective adoptive parents or foster
parents, and shall include social and economic status, family background, description of home and
atmosphere, and health status;
(ix)
“Individual care plan” is a comprehensive development plan for a child based on age and gender
specific needs and case history of the child, prepared in consultation with the child, in order to
restore the child’s self-esteem, dignity and self-worth and nurture him into a responsible citizen
and accordingly the plan shall address the following, including but not limited to, needs of a child,
namely:-
a.
health and nutrition needs, including any special needs;
b.
emotional and psychological needs;
c.
educational and training needs;
d.
leisure, creativity and play;
e.
protection from all kinds of abuse, neglect and maltreatment;
f.
rescue, restoration and follow up;
g.
social mainstreaming and rehabilitation;
h.
life skill training.
(x)
“In country adoption” means adoption of a child by a citizen of India residing in India;
(xi)
“Medical Examination Report” means the report of a child given by a duly licensed physician;
(xii)
“Person-in-charge or Superintendent” means a person appointed for the control and management
of the Child Care Institution;
(xiii)
“POCSO” means the Protection of Children from Sexual Offences Act, 2012 (32 of 2012);
(xiv)
“Rehabilitation-cum-placement officer” means an officer designated for every Child Care
Institution for the purpose of rehabilitation of children;
(xv)
“Selection Committee” means a committee constituted by the Administration under rule 94 of
these rules;
(xvi)
“Social background report” means the report of a child in conflict with law containing the
background of the child prepared by the Child Welfare Police Officer;
(xvii)
“Social investigation report” means the report of a child containing detailed information
pertaining to the circumstances of the child, the situation of the child on economic, social,
psycho-social and other relevant factors, and the recommendation thereon;
(xviii) “Social worker” means a person with post graduate degree in Social Work or Sociology or
Psychology or Child Development or a graduate with minimum 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 UT Child Protection
Society or UT Adoption Resource Agency or Central Adoption Resource Authority for preparing
social investigation report or individual care plan of the child, child study report, home study
report of prospective adoptive parent or foster parents, rendering post- adoption services, and
performing any other functions as assigned to such person under the Act or the rules made
thereunder;
Explanation: For the purposes of this clause, it is hereby clarified that the qualifications
of the social worker member of the Board shall be as under section 4 of the Act.
(xix)
“Special educator” shall have the same meaning as assigned to it in the Protection of Children
from Sexual Offences Rules, 2012;
(xx)
“UT Child Protection Society” means a society constituted under section 106 of the Act.
(2)
All words and expressions defined in the Act and used, but not defined in these rules, shall have
the same meaning as assigned to them in the Act.
CHAPTER – II
JUVENILE JUSTICE BOARD
3.
Board. ⸺
There shall be one or more Boards in each district to be constituted by the
Administration through a notification in the Official Gazette.
4.
Composition of the Board. ⸺ (1) The Board shall consist of a Metropolitan Magistrate or a
Judicial Magistrate of First Class having at least three years’ experience to be designated as the Principal
Magistrate of the Board and two social worker members, of whom one shall be a woman, forming a
Bench.
(2)
The social worker members shall be appointed by the Administration on the recommendations
of the Selection Committee constituted under these rules.
(3)
The social worker members shall not be less than thirty-five years of age and shall not be more
than sixty-five years of age on the date of notification and shall have at least seven years of experience
of working with children in the field of education, health, or welfare activities, or should be a practicing
professional with a degree in child psychology or psychiatry or sociology or in the field of law.
(4)
As far as possible, the two social worker members so selected for a Board shall be from different
fields.
(5)
All members of the Board including the Principal Magistrate, shall be given induction training
and sensitization within a period of sixty days from the date of appointment.
5.
Term of Members of the Board. ⸺ (1) The term of the social worker member of the Board
shall not be more than for a period of three years from the date of appointment.
(2)
A social worker member of the Board shall be eligible for appointment of maximum of two
terms.
(3)
The members may resign at any time, by giving one month's notice in writing to the
Administration.
(4)
Any vacancy in the Board shall be filled by appointment of another person from the panel of
names prepared by the Selection Committee.
(5)
If any complaint is made against a member of the Board, the Administration 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.
(6)
The Administration shall complete the inquiry within a period of two months and take
appropriate action within one month.
(7)
If a criminal case is registered against the member concerned, if necessary, the Administration
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.
6.
Sittings of the Board.⸺ (1)
The Board shall hold its sittings in the premises of an
observation home or at a place in proximity to the observation home or, at a suitable premise in any Child
Care Institution meant for children in conflict with law run under the Act, and in no circumstances shall
the Board operate from within any court or jail premises.
(2)
The Board shall ensure that no person(s) not connected with the case shall remain present in the
room when the case is in progress.
(3)
The Board shall ensure that only those person(s), in the presence of whom the child feels
comfortable, are allowed to remain present during the sitting.
(4)
The Board shall hold its sittings in a child-friendly premises which shall not look like a court
room in any manner and the sitting arrangement should be such to enable the Board to interact with the
child face to face.
(5)
While communicating with the child, the Board shall use child friendly techniques through its
conduct and shall adopt a child friendly attitude with regard to body language, facial expression, eye
contact, intonation and volume of voice while addressing the child.
(6)
The Board shall not sit on a raised platform and there shall be no barriers, such as witness boxes
or bars between the Board and the child.
(7)
The Board shall sit on all working days for a minimum of six hours commensurate with the
working hours of a Magistrate Court, unless the case pendency is less in a particular district and the
Administration issues an order in this regard, or the Administration may, by notification in the Official
Gazette constitute more than one Board in a district after giving due consideration to the pendency of the
cases, area or terrain of the district, population density or any other consideration.
(8)
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 6.
(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 so available and accessible every day, including on Sundays and holidays. The roster shall be
circulated in advance to all the police stations, the Chief Judicial Magistrate/ Chief Metropolitan
Magistrate, the District Judge, the District Magistrate, the Committees, the District Child Protection Unit
and the Special Juvenile Police Unit.
(10)
The social worker members of the Board shall be paid not less than Rs. 1500/- per sitting which
shall include sitting allowance, travel allowance and any other allowance, as the Administration may
prescribe.
(11)
The Board shall be provided infrastructure and staff by the Administration.
7.
Functions of the Board.⸺ (1) The Board shall perform the following additional functions,
namely:
(i)
whenever necessary, the Board shall provide a translator or interpreter or special educator who
shall be paid not less than Rs.1500 per day and in case of translator, not exceeding Rs.100 per
page. For the said purpose, the District Child Protection Unit shall maintain a panel of translators,
interpreters and special educators who shall forward the same to the Board, the qualifications of
the translator, interpreter and special educator shall be as prescribed under the POCSO Act, 2012
and rules framed thereunder;
(ii)
wherever required issue rehabilitation card in Form 14 to the child in conflict with law to monitor
the progress made by the child;
(iii)
wherever required, pass appropriate orders for re-admission or continuation of the child in school
where the child has been disallowed from continuing his education in a school on account of the
pendency of the inquiry or the child having stayed in a Child Care Institution for any length of
time;
(iv)
interact with Boards in other districts to facilitate speedy inquiry and disposal of cases through due
process of law, including sending a child for the purpose of an inquiry or rehabilitation to a Board
in another district or State/UT;
(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;
(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 nominee of the Principal Magistrate;
(vii) an online grievance redressal system shall also be created by the Administration 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 or 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;
(x)
ensure that the Legal cum Probation Officer in the District Child Protection Unit and the UT or
District Legal Aid Services Authority extends free legal services to a child; and
(xi)
deploy, if necessary, the services of student volunteers or non-governmental organisation
volunteers for para-legal and other tasks such as contacting the parents of child in conflict with
law and collecting relevant social and rehabilitative information about the child.
CHAPTER III
PROCEDURE IN RELATION TO CHILDREN IN CONFLICT WITH LAW
8.
Pre-Production action of Police and other Agencies.⸺ (1)
No First Information Report
shall be registered except where a heinous offence is alleged to have been committed by the child, or
when such offence is alleged to have been committed jointly with adults. In all other matters, the Special
Juvenile Police Unit or the Child Welfare Police Officer shall record the information regarding the
offence alleged to have been committed by the child in the general daily diary followed by a social
background report of the child in Form 1 and circumstances under which the child was apprehended,
wherever applicable, and forward it to the Board before the first hearing:
Provided that the power to apprehend shall only be exercised with regard to heinous offences,
unless it is in the best interest of the child. For all other cases involving petty and serious offences and
cases where apprehending the child is not necessary in the interest of the child, the police or Special
Juvenile Police Unit or Child Welfare Police Officer shall forward the information regarding the nature
of offence alleged to be committed by the child along with his social background report in Form 1 to the
Board and intimate the parents or guardian of the child as to when the child is to be produced for hearing
before the Board.
(2)
When a child alleged to be in conflict with law is apprehended by the police, the police officer
concerned shall place the child under the charge of the Special Juvenile Police Unit or the Child Welfare
Police Officer, who shall immediately inform:
(i)
the parents or guardian of the child that the child has been apprehended along with the address of
the Board where the child will be produced and the date and time when the parents or guardian
need to be present before the Board;
(ii)
the Probation Officer concerned, that the child has been apprehended so as to enable him to obtain
information regarding social background of the child and other material circumstances likely to be
of assistance to the Board for conducting the inquiry; and
(iii)
a Child Welfare Officer or a Case Worker, to accompany the Special Juvenile Police Unit or Child
Welfare Police Officer while producing the child before the Board within twenty- four hours of
his apprehension.
(3)
The police officer apprehending a child alleged to be in conflict with law shall:
(i)
not send the child to police lock-up and not delay the child being transferred to the Child Welfare
Police Officer from the nearest police station. The police officer may under sub-section (2) of
section 12 of the Act send the person apprehended to an observation home only for such period till
he is produced before the Board i.e. within twenty-four hours of his being apprehended and
appropriate orders are obtained as per rule 9 of these rules;
(ii)
not hand-cuff, chain or otherwise fetter a child and shall not use any coercion or force on the child;
(iii)
inform the child promptly and directly of the charges levelled against him through his parent or
guardian and if a First Information Report is registered, copy of the same shall be made available
to the child or copy of the police report shall be given to the parent or guardian;
(iv)
also inform the child and the parent or guardian immediately regarding the rights and privileges of
the child under the Act and rules;
(v)
rights of the child shall also be displayed in every police station and at prominent places in the
Observation Homes, Special Homes, Place of Safety;
(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 his guilt and he shall be interviewed only at the Special Juvenile
Police Unit or at a child-friendly premises or at a child friendly corner in the police station, which
does not give the feel of a police station or of being under custodial interrogation. The parent or
guardian, may be present during the interview of the child by the police;
(viii) not ask the child to sign any statement; and
(ix)
inform the District Legal Services Authority for providing free legal aid to the child.
(4)
The Child Welfare Police Officer shall be in plain clothes and not in uniform.
(5)
The Child Welfare Police Officer shall record the social background of the child and
circumstances of apprehending in every case of alleged involvement of the child in an offence in Form
1 which shall be forwarded to the Board forthwith. For gathering the best available information, it shall
be necessary upon the Special Juvenile Police Unit or the Child Welfare Police Officer to contact the
parent or guardian of the child.
(6)
A list of all designated Child Welfare Police Officers, Child Welfare Officers, Probation Officers,
Para Legal Volunteers, District Legal Services Authorities and registered voluntary and non-
governmental organisations in a district, Principal Magistrate and members of the Board, members of
Special Juvenile Police Unit with contact details shall be prominently displayed in every police station.
(7)
When the child is released in a case where apprehending of the child is not warranted, the parents
or guardians or a fit person in whose custody the child alleged to be in conflict with law is placed in the
best interest of the child, shall furnish an undertaking on a non-judicial paper in Form 2 to ensure their
presence on the dates during inquiry or proceedings before the Board.
(8)
The Administration shall maintain a panel of voluntary or non-governmental organizations or
persons who are in a position to provide the services of probation, counselling, case work and also
associate with the Police or Special Juvenile Police Unit or the Child Welfare Police Officer, and have
the requisite expertise to assist in physical production of the child before the Board within twenty-four
hours and during pendency of the proceedings and the panel of such voluntary or non-governmental
organizations or persons shall be forwarded to the Board.
(9)
The Administration shall provide funds to the police or Special Juvenile Police Unit or the Child
Welfare Police Officer or Case Worker or person for the safety and protection of children and provision
of food and basic amenities including travel cost and emergency medical care to the child apprehended
or kept under their charge during the period such children are with them.
9.
Production of the child alleged to be in conflict with law before the Board.⸺ (1)
When the child alleged to be in conflict with law is apprehended, he shall be produced before the
Board within twenty-four hours of his being apprehended, along with a report explaining the reasons for
the child being apprehended by the police.
(2)
On production of the child before the Board, the Board may pass orders as deemed necessary,
including sending the child to an observation home or a place of safety or a fit facility or a fit person.
(3)
The Board shall ensure that the information regarding the child referred to in sub- rule (2) is
uploaded on a portal, as may be specified by the Central Government in this behalf.
(4)
Where the child produced before the Board is covered under section 78 and section 83 of the
Act, including a child who has surrendered, the Board may, after due inquiry and being satisfied of the
circumstances of the child, transfer the child to the Committee as a child in need of care and protection
for necessary action, and or pass appropriate directions for rehabilitation, including orders for safe
custody and protection of the child and transfer to a fit facility recognised for the purpose which shall
have the capacity to provide appropriate protection, and consider transferring the child out of the district
or out of the UT to another State/UT 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 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 73 D
of these rules or in a fit facility and the child shall be produced before the Board thereafter, within twenty-
four hours of apprehending the child.
(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.
10.
Post-production processes by the Board.⸺ (1) On production of the child before the Board,
the report containing the social background of the child, circumstances of apprehending the child and
offence alleged to have been committed by the child as provided by the officers, individuals, agencies
producing the child shall be reviewed by the Board and the Board may pass such orders in relation to the
child as it deems fit, including orders under sections 17 and 18 of the Act, namely:
(i)
disposing of the case, if on the consideration of the documents and record submitted at the time of
his first appearance, his being in conflict with law appears to be unfounded or where the child is
alleged to be involved in petty offences;
(ii)
referring the child to the Committee where it appears to the Board that the child is in need of care
and protection;
(iii)
releasing the child in the supervision or custody of fit persons or fit institutions or Probation
Officers as the case may be, through an order in Form 3, with a direction to appear or present a
child for an inquiry on the next date; and
(iv)
directing the child to be kept in the Child Care Institution, as appropriate, if necessary, pending
inquiry as per order in Form 4.
(2)
In all cases of release pending inquiry, the Board shall notify the next date of hearing, not later
than fifteen days of the first summary inquiry and also seek social investigation report from the Probation
Officer, or in case a Probation Officer is not available the Child Welfare Officer or social worker
concerned through an order in Form 5.
(3)
When the child alleged to be in conflict with law, after being admitted to bail, fails to appear
before the Board, on the date fixed for hearing, and no application is moved for exemption on his behalf
or there is not sufficient reason for granting him exemption, the Board shall, issue to the Child Welfare
Police Officer and the Person- in-charge of the Police Station directions for the production of the child.
(4)
If the Child Welfare Police Officer fails to produce the child before the Board even after the
issuance of the directions for production of the child, the Board shall instead of issuing process under
section 82 of the Code of Criminal Procedure, 1973 pass orders as appropriate under section 26 of the
Act.
(5)
In cases of heinous offences alleged to have been committed by a child, who has completed the
age of sixteen years, the Child Welfare Police Officer shall produce the statement of witnesses recorded
by him and other documents prepared during the course of investigation within a period of one month
from the date of first production of the child before the Board, a copy of which shall also be given to the
child or parent or guardian of the child.
(6)
In cases of petty or serious offences, the final report shall be filed before the Board at the earliest
and in any case not beyond the period of two months from the date of information to the police, except
in those cases where it was not reasonably known that the person involved in the offence was a child, in
which case extension of time may be granted by the Board for filing the final report.
(7)
When witnesses are produced for examination in an inquiry relating to a child alleged to be in
conflict with law, the Board shall ensure that the inquiry is not conducted in the spirit of strict adversarial
proceedings and it shall use the powers conferred by section 165 of the Indian Evidence Act, 1872 (1 of
1872) so as to interrogate the child and proceed with the presumptions in favor of the child.
(8)
While examining a child alleged to be in conflict with law and recording his statement during
the inquiry under section 14 of the Act, the Board shall address the child in a child-friendly manner in
order to put the child at ease and to encourage him to state the facts and circumstances without any fear,
not only in respect of the offence which has been alleged against the child, but also in respect of the home
and social surroundings, and the influence or the offences to which the child might have been subjected
to.
(9)
The Board shall take into account the report containing circumstances of apprehending the child
and the offence alleged to have been committed by him and the social investigation report in Form 6
prepared by the Probation Officer or the voluntary or non-governmental organisation, along with the
evidence produced by the parties for arriving at a conclusion.
11.
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)
For the purpose of conducting a preliminary assessment in case of heinous offences, the Board
may take the assistance of psychologists or psycho-social workers or other experts who have experience
of working with children in difficult circumstances. A panel of such experts may be made available by
the District Child Protection Unit, whose assistance can be taken by the Board or could be accessed
independently.
(3)
While making the preliminary assessment, the child shall be presumed to be innocent unless
proved otherwise.
(4)
Where the Board, after preliminary assessment under section 15 of the Act, passes an order that
there is a need for trial of the said child as an adult, it shall assign reasons for the same and the copy of
the order shall be provided to the child forthwith.
12.
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 himself nor in the interest
of other children to keep a child in the special home, the Board may order the child to be kept in a place
of safety and in a manner considered appropriate by it.
(5)
Where the Board decides to release the child after advice or admonition or after participation in
group counselling or orders him to perform community service, necessary direction may also be issued
by the Board to the District Child Protection Unit for arranging such counselling and community service.
(6)
Where the Board decides to release the child in conflict with law on probation and place him
under the care of the parent or the guardian or fit person, the person in whose custody the child is released
maybe 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 bond
without surety in Form 9.
(8)
In the event of placement of the child in a fit facility or special home, the Board shall consider
that the fit facility or special home is located nearest to the place of residence of the child’s parent or
guardian, except where it is not in the best interest of the child to do so.
(9)
The Board, where it releases a child on probation and places him under the care of parent or
guardian or fit person or where the child is released on probation and placed under the care of fit facility,
it may also order that the child be placed under the supervision of a Probation Officer who shall submit
periodic reports in Form 10 and the period of such supervision shall be maximum of three years.
(10)
Where it appears to the Board that the child has not complied with the probation conditions, it
may order the child to be produced before it and may send the child to a special home or place of safety
for the remaining period of supervision.
(11)
In no case, the period of stay in the special home or the place of safety shall exceed the maximum
period provided in clause (g) of sub-section (1) of section 18 of the Act.
13.
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;
(ii)
scheduled date given in column No. (2) of ‘progress of inquiry' shall be the outer limit within
which the steps indicated in column (1) are to be completed.
(2)
The Board shall submit a quarterly report in Form 12 about the pendency of the cases, visits to
Homes etc. to the following:
(i)
Chief Judicial Magistrate or Chief Metropolitan Magistrate;
(ii)
District Magistrate.
(3)
The District Magistrate shall on the basis of the quarterly report submitted in the sub- rule (2),
examine the reasons for pendency, discrepancies observed during visits to the Observation Homes and
the like and shall make its recommendations to the authorities like Police, Medical, District Legal
Services Authority or any other concerned authority, for reduction of pendency of cases before the Board
and to take appropriate action against the authorities as deemed fit.
(4)
Where the review by the District Magistrate discloses the reasons for pendency due to the
members of the Board, then the District Magistrate shall inform the UT Child Protection Society.
(5)
The UT Child Protection Society shall on the basis of the report submitted by the District
Magistrate recommend for appropriate action to the Administration.
(6)
The District Judge shall conduct an inspection of the Board once every quarter and appraise the
performance of the members of the Board on the basis of their participation in the proceedings of the
Board and submit a report to the Registrar of the High Court and a copy shall also be forwarded to the
District Magistrate.
14.
Procedure in relation to Children’s Court and Monitoring Authorities.⸺
(1)
Upon receipt of preliminary assessment from the Board the Children’s Court may decide whether
there is need for trial of the child as an adult or as a child and pass appropriate orders.
(2)
Where an appeal has been filed under sub-section (1) of section 101 of the Act against the order
of the Board declaring the age of the child, the Children’s Court shall first decide the said appeal.
(3)
Where an appeal has been filed under sub-section (2) of section 101 of the Act against the finding
of the preliminary assessment done by the Board, the Children’s Court shall first decide the appeal.
(4)
Where the appeal under sub-section (2) of section 101 of the Act is disposed of by the Children’s
Court on a finding that there is no need for trial of the child as an adult, it shall dispose of the same as
per section 19 of the Act and these rules.
(5)
Where the appeal under sub-section (2) of section 101 of the Act is disposed of by the Children’s
Court on a finding that the child should be tried as an adult the Children’s Court shall call for the file of
the case from the Board and dispose of the matter as per the provisions of the Act and these rules.
(6)
The Children’s Court shall record its reasons while arriving at a conclusion whether the child is
to be treated as an adult or as a child.
(7)
Where the Children’s Court decides that there is no need for trial of the child as an adult, and
that it shall decide the matter itself:
(i)
It may conduct the inquiry as if it were functioning as a Board and dispose of the matter in
accordance with the provisions of the Act and these rules;
(ii)
The Children’s Court, while conducting the inquiry shall follow the procedure for trial in summons
case under the Code of Criminal Procedure, 1973;
(iii)
The proceedings shall be conducted in camera and in a child friendly atmosphere, and there shall
be no joint trial of a child alleged to be in conflict with law, with a person who is not a child;
(iv)
When witnesses are produced for examination the Children’s Court shall ensure that the inquiry is
not conducted in the spirit of strict adversarial proceedings and it shall use the powers conferred
by section 165 of the Indian Evidence Act, 1872 (1 of 1872);
(v)
While examining a child in conflict with law and recording his statement, the Children’s Court
shall address the child in a child-friendly manner in order to put the child at ease and to encourage
him to state the facts and circumstances without any fear, not only in respect of the offence which
is alleged against the child, but also in respect of the home and social surroundings and the
influence to which the child might have been subjected;
(vi)
The dispositional order passed by the Children’s Court shall necessarily include an individual care
plan in Form 7 for the child in conflict with law concerned, prepared by a Probation Officer or
Child Welfare Officer or recognized voluntary organisation on the basis of interaction with the
child and his family, where possible;
(vii) The Children’s Court, in such cases, may pass any orders as provided in sub- sections (1) and (2)
of section 18 of the Act.
(8)
Where the Children’s Court decides that there is a need for trial of the child as an adult:
(i)
It shall follow the procedure prescribed by the Code of Criminal Procedure, 1973 of trial by
sessions and maintaining a child friendly atmosphere;
(ii)
The final order passed by the Children’s Court shall necessarily include an individual care plan for
the child as per Form 7 prepared by a Probation Officer or Child Welfare Officer or recognized
voluntary organisation on the basis of interaction with the child and his family, where possible;
(iii)
Where the child has been found to be involved in the offence, the child may be sent to a place of
safety till the age of twenty-one years;
(iv)
While the child remains at the place of safety, there shall be yearly review by the Probation Officer
or the District Child Protection Unit or a social worker in Form 13 to evaluate the progress of the
child and the reports shall be forwarded to the Children’s Court;
(v)
The Children’s Court may also direct the child to be produced before it periodically and at least
once every three months for the purpose of assessing the progress made by the child and the
facilities provided by the institution for the implementation of the individual care plan;
(vi)
When the child attains the age of twenty-one years and is yet to complete the term of stay, the
Children’s Court shall:
(a)
interact with the child in order to evaluate whether the child has undergone reformative
changes and if the child can be a contributing member of the society;
(b)
take into account the periodic reports of the progress of the child, prepared by the Probation
Officer or the District Child Protection Unit or a social worker, if needed and further direct
that institutional mechanism if inadequate be strengthened;
(c)
After making the evaluation, the Children’s Court may decide to:
(ca) release the child forthwith;
(cb) release the child on execution of a personal bond with or without sureties for good
behavior;
(cc) release the child and issue directions regarding education, vocational training,
apprenticeship, employment, counselling and other therapeutic interventions with a
view to promoting adaptive and positive behavior etc.;
(cd) release the child and appoint a monitoring authority for the remainder of the
prescribed term of stay. The monitoring authority, where appointed shall maintain a
Rehabilitation Card for the child in Form 14.
(vii)
For the purpose of sub-rule (vi) (c) (cd) of this rule:
(a) A Probation Officer or Case Worker or Child Welfare Officer or a fit person may be
appointed as a monitoring authority;
(b) The District Child Protection Unit shall maintain a list of such persons who can be engaged
as monitoring authorities which shall be sent to the Children’s Court along with bi-annual
updates;
(c) The child shall for the first quarter after release, meet with the monitoring authority on a
fortnightly basis or at such intervals as may be directed by the Children’s Court. The
monitoring authority shall fix a time and venue for such meetings in consultation with the
child. The monitoring authority will forward its observations on the progress of the child on
a monthly basis to the Children’s Court;
(d) At the end of the first quarter the monitoring authority shall make recommendations
regarding the further follow up procedure required for 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.
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, as the case
may be:
Provided that in case of a heinous offence where the child is found to be in conflict with law
under clause (i) of sub-section (1) of section 19 of the Act, the relevant records of conviction of such
child shall be retained by the Children’s Court.
CHAPTER IV
CHILD WELFARE COMMITTEE
16.
Composition and Qualifications of Members of the Committee.⸺ (1) There shall be one or
more Committees in each district to be constituted by the Administration through a notification in the
Official Gazette.
(2)
The Chairperson and members of the Committee shall be appointed by the Administration on the
recommendation of the Selection Committee under rule 94 of these rules.
(3)
The Chairperson and the members shall be above the age of thirty-five years and not more than
sixty five years and shall have 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 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.
(4)
A member of the Committee shall be eligible for appointment of maximum of two terms, which
shall not be continuous.
Provided that nothing contained in this sub-rule shall be a bar in case of a member being
appointed as Chairperson.
(5)
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 sub-section 4A of section 27 of the Act. The appropriate Government shall then verify the same as per
norm.
(6)
A person associated with an organisation receiving foreign contribution shall not be eligible to
be a Chairperson or member of the Committee.
(7)
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 and member of the Committee.
Explanation: For the removal of doubt, it is hereby clarified that, this may include but is not limited to
any of the following situations within the territorial jurisdiction of the Committee:
(a)
any family member is a member of any non-governmental organisation;
(b)
close relation is a member of any non-governmental organisation;
(c)
cases of non-governmental organisations or persons working in a district for rescue and
rehabilitation;
(d)
a person representing a person who runs a Child Care Institution or member of the Board or
Trust of any non-governmental organisation.
(8)
If any complaint is made against a Chairperson or member of the Committee, the Administration
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 Administration may take appropriate action within
one month of completion of the inquiry.
(9)
No Chairperson or member of the Committee shall be removed without holding an inquiry by
the Administration and until that person has been given an opportunity of being heard in the matter.
(10)
If a criminal case is registered against the Chairperson or member concerned, if necessary, the
Administration may suspend the concerned Chairperson or member, immediately pending inquiry, for
such term as appropriate, or after holding an inquiry and giving an opportunity of being heard in the
matter.
(11)
All persons, on selection shall mandatorily be given training under rule 96
within a period of sixty days from the date of appointment.
(12)
The Chairperson and the members may resign at any time by giving one month's notice in writing
to the Administration.
17.
Rules and Procedures of Committee. ⸺ (1)
The Chairperson and members of the
Committee shall be paid such sitting allowance, travel allowance and any other allowance, as the
Administration may prescribe but not less than Rs.1500 /- per sitting.
(2)
A visit to an existing Child Care Institution by the Committee shall be considered as a sitting of
the Committee.
(3)
The Committee shall hold its sittings in the premises of a children’s home or, at a place in
proximity to the children’s home or, at a suitable premise in any institution run under the Act for children
in need of care and protection.
(4)
The Committee shall ensure that no person(s) not connected with the case shall not remain
present in the room when the session is in progress.
(5)
The Committee shall ensure that only those person(s), in the presence of whom the child feels
comfortable, shall be allowed to remain present during the sitting.
(6)
At least one member of the Committee shall always be available or accessible to take cognizance
of any matter of emergency and issue necessary directions to the Special Juvenile Police Unit or local
police of the district. For this purpose, the Chairperson of the Committee shall draw up a monthly duty
roster of the Committee members who shall be available and accessible every day, including on Sundays
and holidays. The roster shall be circulated in advance to all the police stations, the Chief Judicial
Magistrate/Chief Metropolitan Magistrate, the District Judge, the District Magistrate, the Board, the
District Child Protection Unit and the Special Juvenile Police Unit.
(7)
The Committee shall sit on all working days for a minimum of six hours commensurate with the
working hours of a magistrate court, unless the case pendency is less in a particular district and the
Administration concerned issues an order in this regard:
Provided that the Administration may, by notification in the Official Gazette constitute more than one
Committee in a district after giving due consideration to the pendency of the cases, area or terrain of the
district, population density or any other consideration.
(8)
On receiving information about a child or children in need of care and protection, who cannot be
produced before the Committee, the Committee shall reach out to the child or children and hold its sitting
at a place that is convenient for such child or children.
(9)
While communicating with the child, the Committee members shall use child friendly techniques
through their conduct.
(10)
The Committee shall hold its sittings in a child-friendly premises which shall not look like a
court room in any manner and the sitting arrangement should be such to enable the Committee to interact
with the child face to face.
(11)
The Committee shall not sit on a raised platform and there shall be no barriers, such as witness
boxes or bars between the Committee and the children.
(12)
The Committee shall be provided infrastructure and staff by the Administration.
18.
Additional Functions and Responsibilities of the Committee.⸺
In addition to
the functions and responsibilities of the Committee under section 30 of the Act, the Committee shall
perform the following functions to achieve the objectives of the Act, namely:
(i)
document and maintain detailed case record along with a case summary of every case dealt by the
Committee in Form 15;
(ii)
maintain a suggestion box or grievance redressal box at a prominent place in the premises of the
Committee to encourage inputs from children and adults alike which shall be operated by the
District Magistrate or his nominee;
(iii)
ensure smooth functioning of Children’s Committees in the Child Care Institutions for children in
need of care and protection within its jurisdiction, for realizing children’s participation in the
affairs and management of the said Child Care Institutions;
(iv)
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;
(v)
review the Children's Suggestion or 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 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 the Child Care Institutions;
(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;
(vii) for the purposes of sub-section (4) of section 40 of the Act, the Committee shall submit a quarterly
information in Form 16 regarding restored, dead and runaway children to the Administration and
the District Magistrate;
(viii) maintain case records of at least five years;
(ix)
wherever required, issue rehabilitation card in Form 14 to children in need of care and protection
to monitor their progress;
(x)
maintain the following records in a register:
(a)
entries of the cases listed in a day and next date and the Committee shall prepare a daily
cause list of the cases before it;
(b)
entries and particulars of children brought before the Committee and details of the Childcare
Institution where the children are placed or the address where the children are sent;
(c)
execution of bonds;
(d)
movement including visits to institutions;
(e)
children declared legally free for adoption;
(f)
children recommended for or placed in sponsorship;
(g)
children placed in individual or group foster care;
(h)
children transferred to or received from another Committee;
(i)
children for whom follow up is to be done;
(j)
children placed in after care;
(k)
inspection record of the Committee;
(l)
record of Minutes of the meetings of the Committee;
(m) correspondence received and sent;
(n)
any other record or register which the Committee may require.
(xi)
All information listed in clause (x) of this rule may be digitized and a software may be developed
by the Administration such that the case records of at least five years are maintained;
(xii) ensure that children without having a legal guardian irrespective of their age are expeditiously
declared legally free for adoption within the timeline as provided in the Act, rules and regulations;
(xiii) interact with older children living in the Child Care Institutions having no guardians and also with
such children living in the Child Care Institutions who are not in contact with their guardians for
several years and counsel such children about the benefit of family-based care including foster care
and adoption;
(xiv) 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 Specialized
Adoption Agency or Child Care Institution, as the case may be, and in the process of declaring a
child legally free for adoption.
CHAPTER V
PROCEDURE IN RELATION TO CHILDREN
IN NEED OF CARE AND PROTECTION
19.
Production before the Committee.⸺ (1)
Any child in need of care and protection shall
be produced before the Committee during the working hours at its place of sitting and beyond working
hours before the member as per the duty roster:
Provided that where the child cannot be produced before the Committee, the Committee shall
reach out to the child where the child is located.
(2)
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.
(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 a child less than two years of age, who is medically unfit, the person or the organisation
who comes in contact with the child in need of care and protection shall send a written report along with
the photograph of the child to the Committee within twenty-four hours and produce the child before the
Committee as soon as the child is medically fit along with a medical certificate to that effect.
(5)
The Committee after interaction with the child may issue directions for placing the child with the
parent or guardian or Children’s Home, where such Home is available in the vicinity of the Committee
before which the child is produced, and in the absence of such Home, to direct the placing of the child
Insafe custody of a fit person or a fit facility.
(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, if such examination is needed.
(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)
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.
(11)
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 Government in this behalf.
20.
Procedure for inquiry. ⸺ (1) The Committee shall inquire into the circumstances under
which the child is produced and accordingly declare such child to be a child in need of care and protection.
(2)
The Committee shall, prima facie determine the age of the child in order to ascertain its
jurisdiction, pending further inquiry as per section 94 of the Act, if need be.
(3)
When a child is brought before the Committee, the Committee shall assign the case to a social
worker or Case Worker or Child Welfare Officer or 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.
(4)
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.
(5)
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.
(6)
The inquiry shall satisfy the basic principles of natural justice and shall ensure the informed
participation of the child and the parent or guardian. The child shall be given an opportunity to be heard
and his opinion shall be taken into consideration with due regard to his age and level of maturity. The
orders of the Committee shall be in writing and contain reasons.
(7)
The Committee shall interview the child sensitively and in a child friendly manner and will not
use adversarial or accusatory words or words that adversely impact the dignity or self-esteem of the child.
(8)
The Committee shall satisfy itself through documents and verification reports, before releasing
or restoring the child, as per Form 20, in the best interest of the child.
(9)
The Committee, while disposing the case and placing the 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.
(10)
The social investigation conducted by a social worker or Case Worker or Child Welfare Officer
or designated officer by the District Child Protection Unit of the institution or any non-governmental
organisation shall be as per Form 22 and must provide an assessment of the family situation of the child
in detail, and explain in writing whether it will be in the best interest of the child to restore him to his
family.
(11)
The District Child Protection Unit after completing the social investigation within fifteen days
shall submit the report to the Child Welfare Committee.
(12)
Before the Committee releases or restores the child, both the child as well as the parents or
guardians may be referred to the Counsellor.
(13)
The Committee shall maintain proper records of the children produced before it including
medical reports, social investigation report, any other report(s) and orders passed by the Committee in
regard to the child.
(14)
In all cases pending inquiry, the Committee shall notify the next date of appearance of the child
not later than fifteen days of the previous date and also seek periodic status report from the social worker
or Case Worker or Child Welfare Officer conducting investigation on each such date.
(15)
In all cases pending inquiry, the Committee shall direct the person or institution with whom the
child is placed to take steps for rehabilitation of the child including education, vocational training, etc.,
from the date of first production of the child itself.
(16)
Any decision taken by an individual member, when the Committee is not sitting, shall be ratified
by the Committee in its next sitting.
(17)
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.
(18)
The Committee shall function cohesively as a single body and as such shall not form any sub-
committees.
(19)
Where a child has to be sent or repatriated to another district or state or country the Committee
shall direct the District Child Protection Unit to take necessary permission as may be required, such as
approaching the Foreigners Regional Registration Offices and Ministry of External Affairs for a no-
objection certificate, contacting the counterpart Committee, or any other voluntary organisation in the
other district or state or country where the child is to be sent.
(20)
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.
(21)
While finally disposing of the case, the Committee shall give a date for follow- up of the child
not later than one month from the date of disposal of the case and thereafter once every month for the
period of first six months and thereafter every three months for a minimum of one year or till such time
as the Committee deems fit.
(22)
Where the child belongs to a different district, the Committee shall forward the age declaration,
case file and the individual care plan to the Committee of the district concerned which shall likewise
follow- up the individual care plan as if it had passed such disposal order.
(23)
The individual care plan shall be monitored by means of a rehabilitation card in Form 14 issued
for the purpose by the Committee passing the disposal order and which shall form part of the record of
the Committee which follow up the implementation of the individual care plan. Such rehabilitation card
shall be maintained by the Rehabilitation-cum-Placement Officer.
(24)
All orders passed by the Committee in respect of a child in need of care and protection shall also
be uploaded on the designated portal with due regard to the confidentiality and privacy of the child.
(25)
When a parent or guardian, wishes to surrender a child under sub-section (1) of section 35 of the
Act, such parent or guardian shall make an application to the Committee in Form 23. Where such parent
or guardian is unable to make an application due to illiteracy or any other reason, the Committee shall
facilitate the same through the Legal Aid Counsel provided by the Legal Services Authority, the deed of
surrender shall be executed as per Form 24.
(26)
The inquiry under sub-section (3) of section 35 of the Act shall be concluded by the Committee
expeditiously and the Committee shall declare the surrendered child as legally free for adoption after the
expiry of sixty days from the date of surrender.
(27)
In case of orphan or abandoned child, the Committee shall make all efforts for tracing the parents
or guardians of the child and on completion of such inquiry, if it is established that the child is either an
orphan having no one to take care, or abandoned, the Committee shall declare the child legally free for
adoption.
(28)
In case an abandoned or orphan child is received by a Child Care Institution including a
Specialised Adoption Agency, such a child shall be produced before the Committee within twenty-four
hours (excluding the time necessary for the journey) along with a report in Form 17 containing the
particulars and photograph of the child as well as the circumstances in which the child was received by
it and a copy of such report shall also be submitted by the Child Care Institution or a Specialised Adoption
Agency to the local police station within the same period.
(29)
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.
(30)
The Committee shall use the designated portal to ascertain whether the abandoned child or
orphan child is a missing child while causing the details of the orphan or the abandoned child to be
uploaded.
(31)
The Committee, after taking into account the risk factors, and in the best interest of the child,
may direct the publication of the particulars and photograph of an orphan or abandoned child in national
newspapers with wide circulation within seventy two hours from the time of receiving the child for the
purposes of tracing out the biological parents or the legal guardian(s).
(32)
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.
(33)
Where the parents of the child are traced, the procedure for restoration of the child shall be as
per rule 86 of these rules.
21.
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;
(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 on the basis of their participation in the proceedings of the Committee and submit a report to
the UT Child Protection Society.
(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.
22.
Manner of Registration of Child Care Institutions. ⸺ (1)
All
institutions
running
institutional care services for children in need of care and protection or children in conflict with law,
whether run by the Administration/government or voluntary organisation, shall be registered under sub-
section (1) of section 41 of the Act, irrespective of being registered or licensed under any other Act for
the time being in force.
(2)
All such institutions shall make an application in Form 27 together with a copy each of rules,
bye- laws, memorandum of association, list of governing body, office bearers, list of trustees, balance
sheet of preceding three years, statement of past record of social or public service provided by the
institution to the UT Administration, 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 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 UT Administration or District Administration.
(3)
The Administration shall, after receipt of the application for registration, send the application to
the District Magistrate within fifteen days of receipt of the application to call for recommendations of the
District Magistrate in Form 46A.
(4)
The District Magistrate may examine the requests vis-a-vis need in the district within thirty days
from the date of receipt of application from the Administration.
(5)
The District Magistrate shall verify credibility, background and previous record of the Child Care
Institution and the agency or individual promoting the institution and make specific recommendations to
the Administration for consideration.
(6)
The following shall be considered by the District Magistrate while making recommendations,
namely:
(i)
registration of the organisation under any law for the time being in force;
(ii)
details of physical infrastructure, water and electricity facilities, sanitation and hygiene,
recreation facilities and nutrition plan;
(iii)
financial position of the organisation and maintenance of documents along with audited
statement of accounts for the previous three years;
(iv)
resolution of the Governing Body to run the institution or an open shelter;
(v)
plan 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 differently-abled
children;
(vii) details of other support services run by the organisation;
(viii) the institution is near a school within such area or limits of neighborhood, 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 or the organisation regarding any previous conviction record or
involvement in any immoral act or in an act of child abuse or employment of child labour;
(xiii) any other criteria as prescribed by the Administration;
(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
the capacity of authorities under section 54 of the Act so that they can ensure compliance of the
Child Care Institutions with provisions of the Act; and
(xv) certify to the effect that the relevant provisions of the Act and rules have been complied with.
(7)
The Administration shall after verifying that provisions exist in the institution for the care and
protection of children, health, education, boarding and lodging facilities, vocational facilities and
rehabilitation as per the Act and the rules, 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.
(8)
the Administration, while taking a decision on the application for registration, shall consider the
following namely: –
(i)
recommendations of the District Magistrate;
(ii)
confirm that all the eligibility conditions as per the Act are met with;
(iii)
any other criteria as prescribed by the Centre or the Administration has also been followed.
(9)
The Administration, shall not grant provisional registration where adequate facilities do not exist
in the institution applying for registration and the Administration 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.
(10)
The District Magistrate shall conduct 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)
If the inspection or the annual review reveals that there is unsatisfactory compliance with the
standards of care, protection, rehabilitation and reintegration services and management of the institution
as laid down under the Act and the rules or the facilities are inadequate, the Administration 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.
(12)
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 Administration 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.
(13)
All institutions shall be bound to seek renewal of registration three months prior to the expiry of
the period of registration and in case of their failure to seek renewal of registration before the expiry of
the period of registration of the institution, the institution shall cease to be an institution registered under
sub- section (1) of section 41 of the Act and provisions of sub-rule (8) of this rule shall apply.
(14)
An application for renewal of registration of an institution shall be disposed of within sixty days
from the date of receipt of application.
(15)
The decision on renewal of registration shall be based on the annual inspection done by the
District Magistrate under Form 46A in the year in which renewal is sought.
(16)
The Central Government shall facilitate developing a model online system for receipt and
processing of applications and grant or cancellation of registration, and in the interim the systems existing
in the States and Union territories shall continue.
23.
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 Administration. 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
Administration.
(3)
The appropriate Government shall then verify the declaration form of the Foster Family and if
found otherwise by the Administration, 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 Administration, 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 Administration.
(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: –
(a)
provide adequate food, clothing and shelter and education;
(b)
provide care, support and treatment for child’s overall physical, emotional and mental
health;
(c)
ensure protection from exploitation, maltreatment, harm, neglect and abuse;
(d)
provide age appropriate facilities for recreation, extra-curricular activities such as sports,
music, dance, drama, art, and the like;
(e)
provide vocational training according to the interests of the child;
(f)
mandatory police verification of the individuals;
(g)
income tax returns of the individuals for the past three years;
(7)
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 Administration may issue a registration certificate in Form 48.
(8)
The District Magistrate shall conduct a detailed inspection to review annually after registration
of the institution as per Form 47.
(9)
As mandated under section 44 of the Act, the Child Welfare Committee shall conduct monthly
inspection of Group Foster Care as per Form 47.
(10)
The inspection reports of the District Magistrate, the Inspection Committees, 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 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 facility to the
Administration and forthwith shift the children from the facility by following due process.
Explanation: For the purpose of this rule, cancellation of registration shall be for a term not less
than five years.
24.
Open Shelter.⸺ (1)
The Administration 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 Administration for registration.
(3)
The applicants shall submit a report of the need for opening such open shelters along with a
survey on the status of children indicating the number of children where the open shelter is proposed to
be established. After proper police verification and other inquiry as deemed necessary, the organisation
or person may be selected for running the open shelter.
(4)
The open shelters shall be registered as provided under sub-section (1) of section 41 of the Act
in Form 28.
(5)
The services provided in the open shelters may include day care and night residential facilities
including food, washing facilities and toilets, and any other facility as the Administration may deem fit.
(6)
The capacity of an open shelter should be such as to accommodate twenty-five to fifty children
at one time and should include a kitchen, dining facilities, bathrooms and toilets, lockers and recreational
facilities.
(7)
In cases where, the agency in charge of the Open Shelter finds that a child may require more than
short term care and protection exceeding twenty- four hours, such child may be produced before the
Committee for appropriate further steps.
(8)
The open shelter shall not refuse admission to any child in need of care and protection at any
time.
(9)
Each open shelter shall send monthly information in Form 29 to the District Child Protection
Unit and the Committee regarding the children availing the services of the open shelter.
25.
Foster Care. ⸺ (1)
The Administration may place children in need of care and protection
in foster care including group foster care through order of the Committee for a short or extended period
of time.
(2)
while placing the child in foster care, the Administration shall ensure the following in order of
preference, namely: -
(i)
child is placed in a similar social cultural milieu;
(ii)
first preference shall be given to the extended family of the child, which does not include child’s
biological or adoptive parents;
Provided that any of the immediate or extended family members are not the alleged
accused/perpetrators of abuse on the child;
(iii)
second Preference shall be given to an unrelated family known to the child;
(iv)
third Preference shall be given to an unrelated foster family;
(v)
fourth 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.
(3)
All decisions related to placement of a child in foster care shall be taken by the Committee within
a period of three months. Children in the age group of six years and above may be considered for
placement in foster care in the circumstances mentioned in sub-rule (1) of rule 46 of these rules. Children
below six years of age shall be, as far as possible placed in adoption.
(4)
Children in need of care and protection who are living in community may also be considered for
placement in foster care based on the child study report in Form 31 prepared by the District Child
Protection Unit.
(5)
The Committee shall take into consideration the individual care plan and the opinion of the child
before deciding the nature of foster care with due regard to his age and maturity. The child shall be
informed and prepared throughout the process.
(6)
Foster care may be for short term or long term depending upon the needs of the child. The
duration of short term Foster care shall be for a period of not more than one year.
(7)
Long term foster care, shall be for a period exceeding one year. This can be periodically extended
by the Committee till the child attains eighteen years of age on the basis of assessment of the compatibility
of the child with the foster care parents or in a group foster care setting.
(8)
Recognizing that every child has the right to grow in a family environment, every attempt shall
be made to reunite the child with his biological family, if possible.
(9)
The Committee before placing the child in foster care shall obtain a Home Study Report of the
foster family through the District Child Protection Unit in Form 30.
(10)
The District Child Protection Unit shall submit the Home Study Report of the Prospective Foster
Care Family to the Committee within thirty days from the day of reference.
(11)
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.
(12)
The number of children placed under foster care shall not exceed two children at any given point
of time (with the exception of siblings) excluding biological children of the foster family and the number
of children under group foster care shall not exceed eight children including biological children of the
foster caregiver at any given point of time.
(13)
The District Child Protection Unit, while selecting foster family shall consider the following,
namely:
(i)
both the spouses must be Indian citizens;
(ii)
both the spouses must be willing to foster the same child;
(iii)
both the spouses must be above the age of thirty-five years and must be in good physical,
emotional and mental health;
(iv)
ordinarily the foster family should have an income with which they are able to meet the needs of
the child;
(v)
medical reports of all the members of the foster family residing in the premises should be
obtained including reports for Human Immune Deficiency Virus (HIV), Tuberculosis (TB) and
Hepatitis B etc.to determine that they are medically fit; and
(vi)
the foster family should have adequate space and basic facilities.
(14)
The District Child Protection Unit, while selecting Group foster care setting shall consider the
following illustrative criteria, namely: -
(i)
the Group Foster Care setting shall be registered under rule 23 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 23 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)
existence of child protection policy;
(iv)
sufficient space and proper amenities for children;
(v)
any facility housing more than eight children including biological children in Group foster care
shall be registered as a Child Care Institution; and
(vi)
medical reports of all the members of the Group Foster Caregivers residing in the premises shall
be obtained including reports for Human Immunodeficiency Virus, Tuberculosis and Hepatitis B
and the like to determine that they are medically fit.
(15)
The Central Government shall issue Model Guidelines for non-institutional care including Foster
Care and Group foster care, based on which the process for selection of Foster Care and Group foster
care setting shall be notified by the Administration.
(16)
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.
(17)
The foster family or group foster care giver shall sign an undertaking for foster-care of the child
in Form 33.
(18)
The District Child Protection Unit shall maintain a record of each child in foster care in Form
34.
(19)
The Committee shall conduct monthly inspection of the foster families or foster care givers in
Form 35 to check the well-being of the child.
(20)
The foster family or group foster care giver shall:
(i)
provide adequate food, clothing and shelter and education;
(ii)
provide care, support and treatment for child’s overall physical, emotional and mental
health;
(iii)
ensure protection from exploitation, maltreatment, harm, neglect and abuse;
(iv)
provide age appropriate facilities for recreation, extra-curricular activities such as sports,
music, dance, drama, art, etc.;
(v)
provide vocational training according to the interests of the child;
(vi)
respect the privacy of the child and his biological family or guardian, and acknowledge that
any information provided about them is confidential and is not to be disclosed to another
party without prior consent;
(vii) provide treatment in emergent situations and inform the Committee and biological family
about the same which may pass appropriate orders wherever necessary;
(viii) support contact between the child and his biological family in consultation with the
Committee keeping in view the best interest of the child;
(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.
(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;
(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 Administration,
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.
26.
Sponsorship. ⸺ (1)
The Administration shall prepare sponsorship programmes, 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 Homes and Special Homes; 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.
(4)
The panel will list sponsors according to the area of interest such as education, medical support,
nutrition, vocational training etc., and the nature of sponsorship.
(5)
The District Child Protection Unit shall forward the panel to the Board or the Committee or the
Children’s Court, for passing appropriate order for placement of the child under sponsorship in Form 36.
(6)
The District Child Protection Unit, in case of individual sponsorship, shall open an account in
the name of the child to be operated preferably by the mother and the money shall be transferred directly
from the bank account of the District Child Protection Unit to the bank account of the child.
(7)
The duration of 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 institutions, organisations, companies or corporations
either public or private shall be as specified by the Administration.
27.
After Care of Children Leaving Institutional Care. ⸺ (1)
The Administration through
the District Magistrate shall prepare a programme for children who have to leave Child Care Institutions
on attaining eighteen years of age by providing for their education, giving them employable skills and
placement as well as providing them places for stay to facilitate their re-integration into the mainstream
of society.
(2)
Any child who leaves a Child Care Institution may be provided after care till the age of twenty-
one years on the order of the Committee or the Board or the Children’s Court, as the case may be, as per
Form37 and in exceptional circumstances, for two more years on completing twenty-one years of age.
(3)
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.
(4)
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 and prescribes to the Child Protection
Policy as mandated under the Protection of Children from Sexual Offences Rules, 2020.
(5)
The District Magistrate may maintain oversight on such arrangements with the help of the Police
and other stakeholders to ensure that the interest of children are not compromised in any manner.
(6)
The District Child Protection Unit shall prepare and maintain a list of organisations, institutions
and individuals interested in providing after care as per their area of interest such as education, medical
support, nutrition, vocational training etc. and the same shall be forwarded to the Board or the Committee
and all Child Care Institutions for their record.
(7)
The Probation Officer or the Child Welfare Officer or Case Worker or social worker, shall
prepare a post release plan and submit the same to the Board or the Committee, two months before the
child is due to leave the Child Care Institution, recommending after care for such child, as per the needs
of the child.
(8)
The Board or the Committee or the Children’s Court, while monitoring the post release plan will
also examine the effectiveness of the aftercare programme, particularly whether it is being utilized for
the purpose for which it has been granted and the progress made by the child as a result of such after-
care programme. Children who are placed in after care programme, shall be provided funds by the
Administration for their essential expenses; such funds shall be transferred directly to their bank accounts.
(9)
The services provided under the after-care programme may include:
(i)
community group housing on a temporary basis for groups of six to eight persons;
(ii)
provision of stipend during the course of vocational training or scholarships for higher
education and support till the person gets employment;
(iii)
arrangements for skill training and placement in commercial establishments through
coordination with National Skill Development Programme, Indian Institute for Skill
Training and other such Central or Administration programmes and corporates , etc.;
(iv)
provision of a counsellor to stay in regular contact with such persons to discuss their
rehabilitation plans ;
(v)
provision of creative outlets for channelising their energy and to tide over the crisis periods
in their lives;
(vi)
arrangement of loans and subsidies for persons in after-care, aspiring to set up
entrepreneurial activities; and
(vii) encouragement to sustain themselves without State or institutional support.
28.
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.
(2)
The staff of the Child Care Institution shall be subject to control and overall supervision of the
Person-in-charge who by order, shall determine their specific duties and responsibilities in keeping with
the statutory requirements of the Act and these rules.
(3)
The number of posts in each category of staff shall be fixed on the basis of capacity of the
institution and shall proportionately increase with the increase in the capacity of the institution.
(4)
In case of Child Care Institutions housing girls, only female Person-in charge and staff shall be
appointed.
(5)
Any person associated with a Child Care Institution should not have been convicted of an offence
or have been involved in any immoral act or in act of child abuse or employment of child labour or in an
offence involving moral turpitude or hold any office in any political party during his tenure.
(6)
No person shall be appointed to or work in a Child Care Institution without police verification.
(7)
The suggested staffing pattern for an institution with a capacity of 100 children may be as below:
S. No
Personnel/ Staff
Number
1.
Person-in-charge (Superintendent)
1
2.
Probation Officer/Child Welfare Officer/Case Workers (NGOs) A Child
Welfare Officer may be designated as Rehabilitation-cum Placement
Officer
3
3.
Counselor/ Psychologists/mental health expert
2
4.
House Mother/ House Father
4
5.
Educator/ Tutor
2(Part time)
6.
Medical Officer (Physician)
1 (on call)
7.
Para-medical staff/ Staff Nurse/Nursing Orderly
1
8.
Store Keeper cum Accountant
1
9.
Art & Craft & activity teacher
1(Part time)
10.
PT Instructor-cum-Yoga trainer
1(Part time)
11.
Cook
2
12.
Helper
2
13.
House keeping
2
14.
Driver
1
15.
Gardener
1(Part time)
(8)
In case of institutions housing infants, provision for ayahs and paramedical staff shall be made
as per need.
(9)
The security personnel shall be deployed as per nature and requirement of the Child Care
Institution, taking into consideration strength of the children, age groups, physical and mental status,
segregation facility based on the nature of offence and structure of the Institution.
(10)
The security personnel to be engaged or appointed shall be adequately trained and oriented to
deal with the children with sensitivity preferably ex-servicemen or retired para-military personnel or
through Director General of Resettlement.
(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.
29.
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 to any form of cruelty or exploitation or neglect or abuse of any
kind; and
(iv)
abide by the orders passed by the Board or the Committee.
(4)
The Board or the Committee, after proper inspection and inquiry to ensure that provisions exist
in the institution for the care and protection of children with reference to their health, education, boarding
and lodging facilities, vocational facilities and rehabilitation as per the rules, and consideration of such
other material as may be available, may grant recognition to such institution or organisation as a fit
facility in Form 39:
Provided that any person associated with such institution or organisation should not have been
convicted of an offence or have been involved in any immoral act or in act of child abuse or employment
of child labour or in an offence involving moral turpitude.
(5)
A decision on the application for recognition of an institution or organisation shall be taken by
the Board or the Committee within a period of fifteen days from the date of receipt of the application.
(6)
The recognition to an institution or an organisation as a fit facility shall be initially for a period
of three years which may be renewed for a further period of three years in accordance with sub-rule (4)
of this rule.
(7)
The Board or the Committee may, if dissatisfied with the standard of care and protection
provided, or conditions prevailing in the facility, or the management of the institution or the organisation
recognised under the Act or on an adverse report made by an inspection committee appointed under
section 54 of the Act, or for any other reason, at any time, by a reasoned order, withdraw the recognition
of the institution or the organisation as a fit facility and from the date specified in the order of the Board
or the Committee, the institution or the organisation shall cease to be a fit facility recognized under the
Act and the rules.
(8)
Where the recognition of a fit facility is withdrawn by the Board or the Committee, intimation
of the same shall be sent to the District Magistrate, the District Child Protection Unit, the Children’s
Court and the Special Juvenile Police Unit and the children placed with such an institution or organisation
may be placed by the Board or the Committee or the Children’s Court to another fit facility or any other
Child Care Institution.
(9)
A list of fit facilities approved by the Board or the Committee shall be kept in that office and be
sent to the District Magistrate, the District Child Protection Unit, the Children’s Court, the Special
Juvenile Police Unit and the UT Child Protection Society.
(10)
An institution or organisation shall be recognised as a fit facility for purposes which may include:
(i)
short term care;
(ii)
medical care treatment and specialised 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 counselling;
(iii)
medical facilities including first aid and to facilitate specialised treatment;
(iv)
formal age appropriate education including bridge education and continuing education and
life skill education; and
(v)
Recreation, sports, fine arts and group work activities.
(12)
The placement of a child in a fit facility shall be for a period as deemed fit by the Board or the
Committee or the Children’s Court.
30.
Fit Person.⸺ (1)
Any individual who is fit to temporarily receive a child for care,
protection or treatment, for a period as may be necessary, may be recognized by the Board or the
Committee as a fit person.
(2)
The Board or the Committee may identify a panel of persons on the basis of their credentials,
respectability, expertise, professional qualifications, experience of dealing with children and their
willingness to receive the child and shall recognise them as fit persons for the purposes of the Act:
Provided that such a person should not have been accused of an offence under the Act or have
been involved in any immoral act or in act of child abuse or employment of child labour or in an offence
involving moral turpitude.
(3)
The Board or the Committee may also appoint any person as a fit person on need basis for a child
or children after verifying the credentials of such person, and wherever possible, after getting police
verification done on such a person.
(4)
The Board or the Committee may, if dissatisfied with the standard of care and protection provided
or for any other reason, at any time, by a reasoned order withdraw the recognition of the person as a fit
person from the date specified in the order of the Board or the Committee.
(5)
Where the recognition of a fit person is withdrawn by the Board or the Committee, intimation of
the same shall be sent to the District Magistrate, the District Child Protection Unit, the Children’s Court
and Special Juvenile Police Unit and the child placed with such a fit person may be placed by the Board
or the Committee or the Children’s Court to another fit person or with a fit facility or any Child Care
Institution.
(6)
A list of fit persons recognised by the Board or the Committee shall be kept in the office of the
Board and the Committee and the Children’s Court and be sent to the District Magistrate, District Child
Protection Unit, Special Juvenile Police Unit and the UT Child Protection Society.
(7)
The Board or the Committee or the Children’s Court may place the child with a fit person in
cases wherever required, including where the child cannot be sent to a Child Care Institution due to
distance and/ or odd time.
(8)
The fit person shall:
i)
have the capacity and willingness to receive the child; and
ii)
Provide basic services for care and protection of the child.
(9)
The Board or the Committee or the Children’s Court, depending on the need of the child and in
consultation with the fit person shall determine the period for which a child shall remain with the fit
person.
(10)
The child shall not be placed with a fit person for a period exceeding thirty days and in such
cases where the child requires further care, the Committee may consider the placement of the child in
foster care or may consider other rehabilitative alternatives for the child. The Board or the Children’s
Court in such cases where the period of placement of the child may exceed thirty days, refer the matter
to the Committee for further orders in respect of the child.
31.
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;
(b) Classification and segregation of children according to their age group preferably 7-11
years, 12-16 years and 16-18 years, giving due consideration to physical and mental status
and the nature of the offence committed.
(ii)
Special Home:
(a) separate special homes for girls above the age of 10 years and boys in the age groups of11
to 15 and 16 to 18 years;
(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 to18 years alleged to have committed heinous offence
pending inquiry;
(b) for children in the age group of 16 to 18 years found to be involved in heinous offence upon
completion of inquiry;
(c) for persons above 18 years alleged to have committed offence when they were below the
age of 18 years pending inquiry;
(d) for persons above 18 years found to be involved in offence upon completion of inquiry;
(e) for children as per the orders of the Board under clause (g) of sub- section (1) of section
18of the Act.
(iv)
Children’s Home:
(a) while children of both sex below 10 years may be kept in the same home, separate bathing
and sleeping facilities shall be maintained for boys and girls in the age group of 5-10 years;
(b) separate children’s homes for boys and girls in the age group of 7-11 years and 12- 18years;
(c) Separate facilities for children upto 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
Administration, for use by both the staff and children residing therein.
(4)
Each Child Care Institution shall have a Management Committee for the management of the
institution and monitoring the progress of every child in the home.
(5)
The Child Care Institutions for children in conflict with law and children in need of care and
protection shall function from separate premises as per the criteria elaborated.
(6)
The suggested norms for building or accommodation in each institution with 50 children may
be as under:
(i)
2 Dormitories
Each 1000 Sq.ft. for 25 children i.e. 2000 Sq. ft.
(ii)
2 Class rooms
300Sq.ft. for 25 children i.e. 600 Sq. ft.
(iii)
Sickroom/First aid room
75 Sq.ft. per children for 10 i.e. 750 Sq. ft.
(iv)
Kitchen
250 Sq. ft.
(v)
Dining hall
800 Sq. ft.
(vi)
Store
250 Sq.ft.
(vii)
Recreation room
300 Sq.ft.
(viii)
Library
500 Sq.ft.
(ix)
5 Bathroom
25 Sq.ft. each i.e. 125 Sq. ft.
(x)
8 Toilets
25 Sq. ft. i.e. 200 Sq.ft.
(xi)
Office rooms
(a) 300 Sq.ft. (b) Person-in-charge room 200 Sq.ft.
(xii)
Counselling and Guidance room
120 Sq.ft.
(xiii)
Workshop
1125 Sq. ft. for 15 children @ of 75 Sq.ft. per trainee
(xiv)
Residence for Person-in-charge
(a) 2 rooms of 250 Sq.ft. each (b) Kitchen
75 Sq.ft. (c)bathroom cum toilet 50 Sq ft.
(xv)
2 rooms for Juvenile Justice Board or
Child Welfare Committee
300 Sq. ft each i.e. 600 Sq. ft.
(xvi)
Playground
Sufficient area according to total number of children
Total
8495 ft.
(7)
The Person-in-charge shall stay within the institution and be provided with quarters and in case
he is not able to stay in the Child Care Institution for valid reasons, any other senior staff member of the
institution shall stay in the institution and be in a position to supervise the overall care of the children and
take decisions in the case of any crisis or emergency.
(8)
There shall be proper and non-slippery flooring for preventing accidents.
(9)
There shall be adequate lighting, heating and cooling arrangements, ventilation, safe drinking
water, clean and accessible gender and age appropriate and disabled friendly toilets and high walls with
barbed wire fencing.
(10)
All institutions under the Act shall:
(i)
make provision of first-aid kit, fire extinguishers in kitchen, recreation room, vocational
training room, dormitories, store rooms and counselling 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, wheel chair and stretchers for
medical room;
(vii) chairs and tables for study and dining hall;
(viii) projector.
32.
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 under:
A. BEDDING
S. No.
Article
Quantity to be provided per child
1.
Mattress
1 at the time of admission and subsequently 1 after every 1 year.
2.
Cotton Durry
2 at the time of admission and subsequently 2 after every 2
years.
3.
Cotton bed sheets
2 at the time of admission and subsequently 1 after every 6
months.
4.
Pillow (Cotton stuffed)
1 at the time of admission and subsequently 1 after every 1 year.
5.
Pillow covers
1 at the time of admission and subsequently 1 after every 1 year.
6.
Cotton blankets/ Khes
2 at the time of admission and subsequently 1 after every 2
years.
7.
Cotton filled quilt
1 at the time of admission and subsequently 1 after every 2 years
(in addition to the blankets).
8.
Mosquito net
1 at the time of admission and subsequently 1 after every 6
months.
9.
Cotton towels
2 at the time of admission and subsequently 1 after every 3
months
B. Clothing for Girls
S. No.
Article
Quantity per child
1.
Pants and Blouse or
Salwar Kameez or local
dress
5 sets per year for girls depending on age and preferences.
2.
Age appropriate
undergarments
3 sets every quarter.
3.
Sanitary Towels
12 packs per year for older girls.
4.
Woollen jerseys (full
sleeves)
2 yearly.
5.
Woollen Sweaters (full
sleeves)
2 yearly
6.
Woollen Shawls
1 per year.
7.
Nightwear
2 sets every 6 months.
B. Clothing for Boys
S. No.
Article
Quantity per child
1.
Shirts
2 at the time of admission and subsequently 1
after every 6 months.
2.
Shorts
2 at the time of admission and subsequently 1 after every 6
months for younger boys.
3.
Pants
2 at the time of admission and subsequently 1
after every 6 months for older boys.
4.
Age appropriate
undergarments
3 sets every quarter.
5.
Woollen
jerseys
(full
sleeves)
2 yearly.
6.
Woollen Sweaters (full
sleeves)
2 yearly.
7.
Woollen Caps
1 per year.
8.
Kurta Pyjama for night
wear
2 sets every 6 months.
C. Miscellaneous Articles
1.
Slippers
1 pair at the time of admission and subsequently after every 6
months.
2.
Sports shoes
1 pair at the time of admission and subsequently 1 pair after
every 1 year.
3.
School uniform
2 sets every six months for children attending schools.
4.
School bag
1 every year for children attending schools.
5.
School shoes
1 pair at the time of admission in school and subsequently 1
pair after every 6 months.
6.
Handkerchiefs
2 at the time of admission and subsequently 2 after every 2
months
7.
Socks
3 pairs every six months.
8.
Stationery
As per need.
(2)
In addition to the clothing specified above, each child shall be provided, once in three years, with
a suit consisting of one white shirt, one pair of shorts or pants, one pair of white canvas shoes and one
blazer for use during ceremonial occasions. In the case of girls it shall be one white salwar kameez or
one local dress, a pair of white canvas shoes and a blazer.
(3)
In every hospital attached to the institution where there is provision for in- patient cots, the
following scale has to be followed:
S. No.
Night clothing and bedding
Scale for supply
1.
Mattress
One per bed per 3 years.
2.
Cotton bed sheets
Four per bed per year.
3.
Pillows
One per bed per two year.
4.
Pillow covers
Four per bed per year.
5.
Woollen blankets
One per bed per 2 years.
6.
Pyjamas and loose shirts
(hospital type for boys)
3 pairs per child per year.
7.
Pyjamas and loose shirts or
salwar kameez for girls
3 pairs per child per year.
8.
Cotton durry
One per bed per three years.
(4)
Toiletry: Every resident of the Child Care Institution shall be issued oil, soap and other material
asper the following scale:
S. No.
Items
Quantity to be issued per child
1.
Hair Oil for grooming the hair
100 ml per month.
2.
Toilet soap/handwash
2 bars of 100gm per month.
3.
Tooth brush
1 in every 3 months.
4.
Toothpaste
100gm (a tube) per month.
5.
Comb
1 in every 3 month.
6.
Shampoo sachets
8 in a month (10ml/ per sachet).
7.
Bathing soap
2 bars of 125gm per month.
8.
Hair clip/ band
2 bands in 3 month.
9.
Moisturiser or cold cream
250 ml in a month.
(5)
For washing of clothes and towels, bed-sheet, etc., the following scale may be followed:
(i)
washing soap: 3 soaps for one month (125 gms) or equivalent washing powder;
(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 get installed washing machines, as required.
(6)
The following items shall be provided for maintaining the Child Care Institutions in a healthy
and sanitary condition:
S. No.
Items
Scale of Supply
1.
Broom stick
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
asper institution doctor’s advice.
5.
Mosquito repellent machines
2 per room per month with adequate fillets.
33.
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)
clean 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 medical centre.
34.
Daily Routine.⸺ (1)
Every Child Care Institution shall have a daily routine for children
developed in consultation with the Children’s Committees, which shall be prominently displayed at
various places within the Child Care Institution.
(2) The daily routine may provide, inter alia, for a regulated and disciplined life, personal hygiene and
cleanliness, physical exercise, yoga, educational classes, vocational training, organised recreation and
games, moral education, group activities, prayer and community singing and special programmes for
Sundays and holidays and national holidays, festive days, birthdays.
35.
Nutrition and Diet Scale.⸺ (1) The following nutrition and diet scale shall be
followed by the Child Care Institutions, namely:
(i)
the children shall be provided four meals in a day including breakfast;
(ii)
the menu shall be prepared with the help of a nutritional expert or doctor to ensure balanced diet
and variety in taste as per the minimum nutritional standard and diet scale;
(iii)
every Child Care Institution shall strictly adhere to the minimum nutritional standard and diet scale
suggested as specified below:
S.No
Name of the articles of diet
Scale per head per day
1.
Rice/Wheat/Barley
600 gms, (700 gms for 16-18 yrs age) of which atleast 100
gms to be either Wheat or Barley or Rice.
2.
Dal/ Rajma/ Chana
120 gms.
3.
Edible Oil
25 gms.
4.
Onion
25 gms.
5.
Salt
25 gms.
6.
Turmeric
05 gms.
7.
Coriander Seed Powder
05 gms.
8.
Ginger
05 gms.
9.
Garlic
05 gms.
10.
Tamarind/ Mango powder
05 gms.
11.
Milk (at breakfast)
150 ml.
12.
Dry Chillies
05 gms.
13.
Vegetables Leafy
Non – leafy
100 gms
130gms
14.
Curd or Butter Milk
100 gms/ml.
15.
Chicken or mutton once a week
or Eggs 4 days
115 gms.
16.
Paneer (vegetarian only)
60 gms each (100 gms for paneer) Once
in a week
17.
Sugar
40 gms.
18.
Tea/Coffee
5gm.
19.
Sooji/Poha
150 gms.
20.
Ragi
150 gms.
Following items for 50 Children per day
21.
Pepper
25 gms.
22.
Jeera Seeds
25 gms.
23.
Black Gram dal
50 gms.
24.
Mustard Seeds
50 gms.
25.
Ajwain Seeds
50 gms.
On Chicken/Mutton Day for 10 Kg. of Chicken
26.
Garam Masala
10 gms.
27.
Mustard Oil
500 gms.
For Sick Children
28.
Bread
500 gms.
29.
Milk
500 ml.
30.
Khichadi
300 gms.
Other Items
31.
LP Gas for Cooking only
(2)
Children may be provided special meals on holidays, festivals, sports and cultural day and
celebration of national festival.
(3)
Infants and sick children shall be provided special diet according to the advice of the doctor on
their dietary requirement.
(4)
The requirement of each child shall also be taken into account including need for iron and folic
acid supplements.
(5)
The menu for the day shall be prepared in consultation with the Children’s Committee and shall
be displayed in the dining hall.
(6)
Variation in diet may be as per seasonal and regional variations, a suggested diet variation is
given below:-
(i)
varieties of dal e g., Toor (Arhar), Moong (Green Gram) and Chana (Bengal Gram) may be given
alternatively;
(ii)
on non-vegetarian days, vegetarian children shall be issued 100 gms paneer;
(iii)
leafy vegetables such as Spinach (Palak), Saag, Mongol (a kind of saag in Ladakh) or any other
saag etc., may also be issued once in a week. If a kitchen garden is attached to any institution, leafy
vegetables, should be grown and issued and the Superintendent should try to issue variety of
vegetables and see that the same vegetable is not repeated for at least a period of one week;
(iv)
seasonal fruits shall be provided in a non-repetitive manner in sufficient quantities;
(v)
the Person-in-charge may make temporary alterations in the scale of diet in individual cases when
considered necessary by him, or on the advice of the doctor of the institution subject to the
condition that the scale laid down is not exceeded.
(7)
Meal Timing and Menu:
(i)
Breakfast – 7.30 a.m. to 8.30 a.m.
(a)
Chapattis, Poha or any local dish;
(b)
dal or vegetable may be issued as a dish;
(c)
milk;
(d)
any seasonal fruit in sufficient quantity.
(ii)
Lunch at 12.30 to 1.30 P.M. and Dinner – 7.00 P.M. – 8.00 P.M
(a)
rice or Chapattis or combination of both;
(b)
vegetable curry;
(c)
dal;
(d)
Or local dish like Chutagi/Shkyu etc
(e)
butter milk or curd.
(8)
Others:
(i)
depending on the season, the Person-in-charge shall have the discretion to alter the time for
distribution of food;
(ii)
on the advice of the institution’s doctor or at the discretion of the Person-in- charge, every sick
child who is prevented from taking regular food, on account of his ill-health, may be issued with
medical diet as per the scale for sick children;
(iii)
extra diet for nourishment like milk, eggs, sugar and fruits shall be issued to the children on the
advice of the institution doctor in addition to the regular diet, to gain weight or for other health
reasons and for the purpose of calculation of the daily ration, the sick children shall be excluded
from the day’s strength;
(iv)
special lunch or dinner may be provided to the children at the Child Care Institution at the rate
fixed by the Person-in-charge of the Child Care Institution, from time to time on national festivals
and festival occasions, including:
(a)
Republic Day (26th January);
(b)
Independence Day (15th August);
(c)
Mahatma Gandhi’s Birth day (2nd October);
(d)
Children’s Day (14th November);
(e)
National festivals;
(f)
Local festivals;
(g)
Annual Day of the Child Care Institution.
(h)
Birthday of any of the children in the Child Care Institution.
36.
Medical Care.⸺ (1)
In all Child Care Institutions, a medical officer shall be made available
on call whenever necessary for regular medical check up and treatment of children.
(2)
A nurse or a para medic shall be available round the clock in all Child Care Institutions.
(3)
Every Child Care Institution may:
(i)
arrange for medical examination of each child admitted in an institution by the Medical
Officer within twenty- four hours of admission and in special cases or medical emergencies
immediately;
(ii)
arrange for a medical examination of child by the Medical Officer at the time of transfer
within twenty-four hours before transfer;
(iii)
maintain a medical record of each child on the basis of monthly medical check- up and
provide necessary medical facilities;
(iv)
ensure that the medical record includes weight and height record, any sickness 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)
periodic medical health screening of each child to be conducted with the help of the nearest
Government healthcare facilities;
(vii) every institution to have first aid kit and all staff be trained in handling first aid;
(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 his 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 counselling
sessions within the premises of the institution and referral to specialised mental health
centres, where necessary; and
(xiii) refer such children who require specialised 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.
(4)
Baseline investigation of Complete Blood Count (CBC), Urine Routine, HIV, VDRL, Hepatitis
B and Hepatitis C tests and allergy or addiction to drugs shall be conducted for all children at the time of
entry into the institution as suggested by the doctor after examining the child.
(5)
Test for pregnancy or diseases for victims of sexual offences shall be conducted, if required by
the order of the Board or the Committee or the Children’s Court. In such cases the District Child
Protection Unit shall facilitate following of the procedures laid down in the Medical Termination of
Pregnancy Act, 1971, if so needed.
(6)
The 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/ psychiatric and
psychological support or treatment.
(7)
The Administration may be approached in the event of inadequate facilities in the District and
the concerned Administration shall make necessary arrangements in all such cases.
(8)
All girls who have attained puberty shall undergo health assessment to detect iron deficiency.
Necessary dietary plan and medicines shall be prescribed by the nutritionist and appointed doctor, if need
be.
(9)
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.
37.
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 so as 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)
The facilities available under the concerned mental health programme at Administration or
District Level under the Ministry or Department of Health shall be utilized for providing facilities for
mental health to the children.
(5)
Every institution shall have the services of trained counselors or collaboration with external
agencies such as child guidance centres, psychology and psychiatric departments or similar Government
and non-Governmental agencies, for specialised and regular individual therapy for the child,
(6)
The recommendations of mental health experts shall be maintained in every case file, as required.
(7)
No child shall be administered medication for mental health problems without a psychological
evaluation and diagnosis by trained mental health professionals.
(8)
Medicines should be administered to the children only by trained medical staff and not by any
other staff of the Home.
38.
Education. ⸺ (1)
Every institution shall provide education to all children according to the
age and ability, both inside the institution or outside, as per requirement.
(2)
There shall be a range of educational opportunities including, mainstream inclusive schools,
bridge school, open schooling, non formal education and learning where needed.
(3)
Wherever necessary, extra coaching shall be made available to school going children in the
institutions by encouraging volunteer services or tying up with coaching centres or tutors.
(4)
Specialised trainers and experts shall be appointed to cater to the educational needs of children
with special needs either physical or mental. Learning disorders shall be identified, assessed and reported
in the Individual Care Plan. Further assistance shall be given to the child by trained professionals.
(5)
Regularity of the education programme and attendance of the children shall be ensured.
(6)
Children should be able to avail scholarships, grants and schemes and sponsorships.
39.
Vocational Training.⸺ (1)
Every Child Care Institution shall provide gainful vocational
training to children according to their age, aptitude, interest and ability, both inside or outside the Child
Care Institution.
(2)
Vocational training shall include occupational therapy, skill and interest-based training, aimed at
suitable placement at the end of the course. The institute, preferably government recognised, providing
vocational training shall give a certificate, on the completion of the course.
(3)
Where vocational training is offered outside the premises of the Child Care Institution, children
shall be escorted for such programmes with proper security planning and services, particularly for
children who are at risk.
(4)
A record shall be maintained for all children attending the programmes and the progress made
by each child shall be reviewed. The report in that regard shall be submitted to the District Magistrate,
the Board or the Committee or the Children’s Court, as the case may be, on a quarterly basis.
(5)
The District Magistrate may ensure convergence with existing Central or UT Administration
programmes for skilling and vocational training of the children.
(6)
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.
40.
Recreational Facilities. ⸺ (1) Recreational facilities may include indoor and outdoor games,
yoga and meditation, music, television, picnic and outings, cultural programmes, gardening and library,
etc.
(2)
Sufficient space shall be made available for outdoor sports and games.
(3)
Picnic and outings may include education fair or science fair, museum, planetarium, botanical
garden, zoological garden, etc.
(4)
Cultural event or sports competition shall be held once in a quarter to showcase talent on festivals
or on days of national festivals.
(5)
Library shall have child friendly environment. There shall be books in regional language,
newspapers, children’s magazines, puzzle books, picture books, books in braille, audio and video devices,
etc.
(6)
Space in the home shall be made available for gardening with technical input being given by a
gardener to the children.
(7)
Music, dance and art therapy may be included in the list of recreational activities to enhance the
healing process of each child.
(8)
Regularity of the activities shall be maintained with support of institutions and non-governmental
organisation, if needed and a report shall be submitted on quarterly basis to the Board or the Committee
or the Children’s Court, as the case may be.
41.
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 or kind of care required, physical and mental health and
length of stay.
(3)
The Management Committee shall comprise of:
(i)
District Child Protection Officer (District Child Protection Unit)- Chairperson;
(ii)
Person-in-charge - Member-Secretary;
(iii)
Probation Officer or Child Welfare Officer or Case Worker – Member;
(iv)
Medical Officer – Member;
(v)
Psychologist or Counsellor – 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.
(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 counselling;
(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 after care services, as the case may be;
(xiii)
pre-release or pre-restoration preparation;
(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 set up and closer to the residence or rooms or dormitories of
the children.
(6)
The key of the Children’s Suggestion Box shall remain in the custody of the Chairperson of the
Management Committee and shall be checked every week by the Chairperson of the Management
Committee or his representative from District Child Protection Unit, in the presence of the members of
the Children’s Committees.
(7)
The District Child Protection Unit shall compile the recommendations of the Management
Committees and suggestions of the children received from the Suggestion Box 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.
(8)
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.
(9)
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.
(10)
In the event of a serious allegation or complaint against the Person-in-charge of the institution,
he shall not be part of the emergency meeting and another available member of the Management
Committee shall be included in his place.
(11)
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.
(12)
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.
(13)
The Board or Committee shall review the Children’s Suggestion Book at least once a month.
(14)
The complaint box shall be accessible by the Chairperson of the Committee or any other person
authorised by him.
42.
Children’s Committees. ⸺ (1) Person-in-charge of every institution for children shall facilitate
the setting up of children’s committees for different age groups of children, that is in the age group of 6
to 10 years, 11 to 15 years and 16 to 18 years and these children’s committees shall be constituted solely
by children.
(2)
Such children’s committee shall be encouraged to participate in following activities:
(i)
improvement of the condition of the institution;
(ii)
reviewing the standards of care being followed;
(iii)
preparing daily routine and diet scale;
(iv)
developing educational, vocational and recreation plans;
(v)
respecting each other and supporting each other in managing crisis;
(vi)
reporting abuse and exploitation by peers and caregivers;
(vii) creative expression of their views through wall papers or newsletters or paintings or music
or theatre;
(viii) management of 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 or place the same before the Board or the Committee, wherever required.
43.
Inspection. ⸺ (1)
The UT Administration shall constitute the UT level inspection
committee and the District Magistrate shall constitute district level inspection committees.
(2)
The UT level Inspection Committee shall comprise of a maximum of seven members from
among the Administration, namely the Board or Committee, the UT level Commission for the Protection
of Child Rights, the UT Human Rights Commission, UT Adoption Resource Agency, medical and other
experts, voluntary organisations and reputed social workers. The Member-Secretary, UT Child Protection
Society shall be the Chairperson of the UT level Inspection Committee.
(3)
The UT level 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 UT in Form 46.
(4)
The UT level Inspection Committee shall carry out random inspections of the institutions housing
children to determine whether such institution is housing children in need of care and protection.
(5)
The UT Level Inspection Committee shall submit report to the Secretary of the Department
implementing the Act.
(6)
The UT Level Inspection Committee shall make recommendations for improvement and
development of the Institutions in accordance with the provisions of the Act and the rules made
thereunder and shall forward the same to the District Magistrate and the UT Child Protection Society for
appropriate action.
(7)
The Inspection report of the UT Level Inspection Committee shall be forwarded to the District
Magistrate within a period of two weeks of the visit.
(8)
The UT Level 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 UT Child Protection Society, in two months period.
(10)
The District Inspection Committee shall comprise of following members:
(i)
Additional District Magistrate- Chairperson;
(ii)
Member of the Board or the Committee;
(iii)
District Child Protection Officer as the Member Secretary;
(iv)
one Medical Officer nominated by the Chief or District Medical Officer of the district;
(v)
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 organisation or has any pecuniary interest
in such organisation of any Child Care Institution;
(vi)
One mental health expert who has experience of working with children; and
(vii) Any other person of repute from society not having conflict of interest, deemed appropriate
by the District Magistrate.
(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 or the UT Administration and shall also make suggestions for improvement and development
of the Child Care Institutions in accordance with the provisions of the Act and the rules made thereunder.
(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 action on the report of the District Inspection
Committee and ensure corrective measures are taken in a time bound manner.
(16)
The District Magistrate shall submit a report on the Child Care Institutions functioning in the
District and measures taken for their improvement once every year to the UT Administration.
44.
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 UT Administration 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 UT
Administrations in order to strengthen and improve the functioning of different structures.
CHAPTER VII
ADOPTION
45.
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
UT Adoption Resource Agencies, with the assistance of the District Child Protection Units.
(2)
The information to be provided in sub-rule (1) shall also be provided to the District Magistrate
in Form 16A.
(3)
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.
46.
Children who are not being adopted after being declared legally free for adoption may be
eligible for Foster Care. ⸺ (1) The following categories of children may be considered for Foster Care
in following circumstances:
(i)
Children in the age group of 0 to 6 years who are being considered by the Committee as legally
free for adoption and those who have been declared legally free for adoption shall not as far as
possible be considered for placement in foster care. Such children shall be provided a permanent
family through adoption as per Adoption Regulations.
(ii)
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, shall be eligible to be placed in foster care, by the
Committee on the recommendation of the District Child Protection Unit or the Specialized
Adoption Agency.
(iii)
Where the child has remained with a foster family for a minimum of two years other than in pre-
adoption foster care, the foster family may apply for adoption and shall be given preference to
adopt the child after the child has been declared legally free for adoption and after registering in
the portal of the Authority and according to procedures laid down in Adoption Regulations.
47.
Procedure before the District Magistrate. ⸺ (1)
The procedure for obtaining an
Adoption Order from the District Magistrate or the Additional District Magistrate (authorized by the
District Magistrate), as the case may be, shall be such 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 these rules.
48.
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.
49.
Special provision for protection of adopted children.⸺
Any
case
of
offence
committed against adopted child shall be dealt as per the law applicable to any other child.
50.
Linkage of Child Care Institutions to Specialised Adoption Agencies. ⸺
Linkage
of
Child Care Institutions with Specialized Adoption Agencies for the purpose of adoption shall be governed
by the provisions of section 66 of the Act and Adoption Regulations.
51.
Additional Functions of the Authority. ⸺ (1) The Authority shall perform the following
functions, in addition to the functions specified in sub-section (1) of section 68 of the Act, namely:
(i)
receive applications of a non-resident Indian or overseas citizen of India or a foreigner living
abroad through authorised adoption agency or Central Authority or the Government Department
concerned or an Indian Diplomatic Mission and process the same in terms of sub-section (5) of
section 59 of the Act;
(ii)
receive and process applications received from a foreigner or an overseas citizen of India residing
in India for one year or more, and who is interested in adopting a child from India in terms of sub-
section (12) of section 59 of the Act;
(iii)
issue no-objection certificate in all cases of inter-country adoptions;
(iv)
issue conformity certificate in the inter-country adoption cases under Article 23 of the 1993 Hague
Convention on Protection of Children and Cooperation in respect of Inter-Country Adoption;
(v)
intimate the immigration authorities of India and the receiving country of the child about the inter-
country adoption cases;
(vi)
maintain Child Adoption Resource Information and Guidance System for transparency in the
adoption system;
(vii) provide support and guidance to UT Adoption Resource Agencies, the District Magistrate, District
Child Protection Units, Specialised Adoption Agencies and other stakeholders of adoption and
related matters, through trainings, workshops, exposure visits, consultations, conferences,
seminars and other capacity building programmes;
(viii) coordinate with Administrations, the UT Adoption Resource Agencies and the District Magistrate
advise them in adoption related matters;
(ix)
establish uniform standards and indicators, relating to-
(a)
adoption procedure related to orphan, abandoned and surrendered children and also related
to relative adoptions;
(b)
quality child care standards in specialised adoption agencies;
(c)
monitoring and supervision of service providers;
(d)
standardization of documents in cases of adoptions;
(e)
safeguards and ethical practices including online applications for facilitating hassle-free
adoptions.
(x)
conduct research, documentation and publication on adoption related matters;
(xi)
maintain a comprehensive centralised database and portal relating to children and prospective
adoptive parents for the purpose of adoption;
(xii) maintain a confidential centralised database relating to children placed in adoption and adoptive
parents in the Child Adoption Resource Information and Guidance System;
(xiii) carry out advocacy, awareness and information, education, and communication activities for
promoting adoption either by itself or through its associated bodies;
(xiv) enter into bilateral agreements with foreign Central Authorities, wherever necessary under the
Hague Adoption Convention; and
(xv) authorise foreign adoption agencies to process applications of non-resident Indians or overseas
citizen of India or foreign prospective adoptive parents for inter- country adoption of Indian
children.
52.
Terms and conditions of appointment of Members of the Steering Committee of the
Authority. ⸺ (1)
A person for being selected or nominated as a member of the Steering
Committee of the Authority shall:
(i)
be an Indian national;
(ii)
not be below the age of twenty-five years and above the age of sixty years, and for the member
who is an adoptee as per clause (e) of sub-section (1) of section 69 of the Act, the minimum age
would be twenty-one years;
(iii)
not have been convicted or sentenced to imprisonment for an offence under any law for the time
being in force; and
(iv)
not have been removed or dismissed from service of the Central or UT Administration or a body
or corporation owned or controlled by Central or UT Administration.
(2)
The members in clause (d) of sub-section (1) of section 69 of the Act, shall be from different
zones on rotation basis.
(3)
The zones and the States covered for the purpose of selection of the members of the Steering
Committee shall be as per the grouping made by Inter-State Council and North-Eastern Council from
time to time. The States not covered in any of the zonal councils shall be included in the zone having
geographical proximity.
(4)
The member from the UT Adoption Resource Agency would be selected from the State of the
zone under consideration on the basis of:
(i)
number of inspections of Specialised Adoption Agencies conducted by the UT Adoption
Resource Agency;
(ii)
regularity in conducting the quarterly meetings of the Specialised Adoption Agencies and
uploading of the minutes of such meetings in the centralised database and portal relating to
children and prospective adoptive parents for the purpose of adoption;
(iii)
level of data integrity maintained by the UT Adoption Resource Agency among the
Specialised Adoption Agencies through the District Child Protection Units concerned;
(iv)
capacity building of stakeholders as well as publicity awareness activities of UT Adoption
Resource Agency for the promotion of adoption in the UT; and
(v)
level of coordination with other stakeholders in the UT as well as with the Authority.
(5)
The selected UT Adoption Resource Agency would be represented in the Steering Committee
by the Secretary of the Department of the UT Administration dealing with adoption or his representative
not below the rank of Deputy Secretary or Joint Director of the UT Administration.
(6)
The members of the Specialised Adoption Agencies would be selected as per the following
criteria available in the Child Adoption Resource Information and Guidance System and as per the record
available with the Authority:
(i)
the number of children given in adoption;
(ii)
performance and data integrity in the Child Adoption Resource Information and Guidance
System;
(iii)
follow-up of the progress of children placed in adoption;
(iv)
record keeping and documentation;
(v)
child care standards; and
(vi)
no proven complaint of malpractice against the agency.
(7)
The Specialised Adoption Agencies shall be represented by their President or Chairperson or
General Secretary or Secretary or Managing Trustee or Director or Manager, as the case may be.
(8)
The selection of the member from the category of advocate or professor in family law shall be
from a combined panel of four names, with two names from each category, received from the Department
of Legal Affairs and the Legislative Department, Ministry of Law and Justice.
(9)
The members of the Steering Committee, under clause (e) and (f) of sub- section (1) of section
69 of the Act, shall be selected or nominated by a Committee comprising of:
(i)
Secretary, Ministry of Women and Child Development as the Chairperson;
(ii)
Additional Secretary or Joint Secretary in-charge of the Authority in the Ministry of Women
and Child Development as member;
(iii) one external expert in the field of child protection as nominated by the Minister for Women
and Child Development, as member; and
(iv) Member Secretary of the Steering Committee, as the Member-Convener.
(10)
The members of the Steering Committee other than ex-officio members shall be appointed with
the approval of the Minister for Women and Child Development.
(11)
The tenure of the members of the Steering Committee, other than the ex- officio members shall
be two years from the date of appointment, unless the member resigns or is removed or attains the age of
sixty years.
(12)
A non-ex-officio member shall not be eligible for a second term.
(13)
In case of any vacancy, a new member will be nominated or selected for the remaining period of
the tenure from the same State from the same category.
(14)
A non-ex-officio member of the Steering Committee of the Authority shall cease to be a member
if:
(i)
he resigns as a member, or
(ii)
he ceases to hold the position by virtue of which he has been represented as a member; or
(iii)
he is removed on the following grounds:
(a)
on being adjudged as an insolvent, or
(b)
Is convinced of a criminal offence involving moral turpitude, or
(c)
fails to attend three consecutive meetings of the Steering Committee without the leave of
the Chairperson of the Steering Committee, or
(d)
is found working against the objectives of the adoption programme, the interests of the
Authority and is found to be not following the regulations as applicable, or
(e)
is found divulging any transaction of business or deliberations in the meetings of the
Steering Committee or any document or information circulated to them for the purpose, to
media or any other agency, without the prior approval or authorisation of the Chairperson,
or
(f)
is found accepting benefaction from any source that involves conditions or obligations that
are contrary to the mandates and objectives of the Authority.
(15)
A non-ex-officio member other than UT Adoption Resource Agency shall be entitled to a sitting
fee of not less than Rupees Two Thousand per sitting, for attending a meeting of the Steering Committee,
travelling allowance in economy class air fare, hotel accommodation and food bill as per the Central
Government Rules.
53.
Transaction of business of the Steering Committee of the Authority. ⸺ (1)
The Steering
Committee of the Authority shall meet once in a month.
(2)
The transaction of business of the Steering Committee may also be convened by video
conference, through web or circulation in case of urgency and such transaction of business shall have the
same effect as if it had been transacted at a formal meeting.
(3)
A meeting of the Steering Committee shall be convened by the Member- Secretary with the
approval of the Chairperson.
(4)
The meeting notice shall be issued by the Member-Secretary at least seven working days before
the actual date of the meeting.
(5)
An extra ordinary meeting of the Steering Committee may be convened by the Chairperson at
any time.
(6)
Five members of the Steering Committee shall form the quorum for the meeting.
(7)
The meeting shall be presided over by the Chairperson and in his absence, a member nominated
or designated by the Chairperson.
(8)
All decisions in the Steering Committee shall be taken by majority of the members present
excluding the special invitees, if any.
(9)
In case of tie, the Chairperson shall have the casting vote.
(10)
The minutes of the meeting will be authenticated by the Member-Secretary after obtaining the
approval of the same by the Chairperson.
(11)
Any other matter relating to the transaction of business of the Steering Committee shall be
governed by the procedure adopted by the Steering Committee, whenever required.
54.
Annual Report of the Authority. ⸺ (1)
The Chief Executive Officer or any other
officer of the Authority duly authorised by the Chief Executive Officer in this behalf shall cause to be
prepared the annual report of the Authority under sub-section (1) of section 71 of the Act on or before
the 30th day of June following the financial year to which that report relates.
(2) The annual report prepared under sub-rule (1) shall, after approval by the Steering Committee be
signed and authenticated by the Chief Executive Officer.
55.
Accounts and audit of the Authority. ⸺ (1)
The annual statement of accounts of the
Authority for every financial year shall be prepared by the Chief Executive Officer or such officer of the
Authority as maybe authorised by the Chief Executive Officer in this behalf.
(2)
The Authority shall forward to the Central Government quarterly reviews of expenditure incurred
and the expenditure likely to be incurred during the remaining part of the financial year.
(3)
The Chief Executive Officer shall supervise the maintenance of the accounts of the Authority,
the compilation of financial statement and returns and shall also ensure that all account books, connected
vouchers and other documents and papers of the Authority required by the office of the Comptroller and
Auditor General for the purpose of auditing the accounts of the Authority are placed at the disposal of
that office.
(4)
The accounts of the Authority shall be maintained in the formats prescribed by the office of the
Comptroller and Auditor General of India from time to time.
(5)
The annual statement of accounts shall be signed and authenticated by the Chief Executive
Officer.
(6)
The annual statement of accounts of the Authority shall be submitted to the office of the
Comptroller and Auditor General on or before the 30th of June of the following year to which the accounts
relate, which shall audit the accounts of the Authority and submit the audit report.
(7)
The Authority shall, within thirty days of the receipt of the audit report, remedy any defect or
irregularity pointed out therein, and submit its report to the Central Government and to the office of the
Comptroller and Auditor General about the action taken by it.
CHAPTER VIII
OFFENCES AGAINST CHILDREN
56.
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, or any other individual or
institutions or organisation concerned.
(2)
On receipt of information in respect of a cognizable offence against a child, the police shall
register a First Information Report (FIR) forthwith.
(3)
On receipt of information of a non- cognizable offence against a child, the police shall make an
entry in the Daily Diary which shall be transmitted to the Magistrate concerned forthwith who shall direct
appropriate action under sub-section
(2) of section 155 of the Code of Criminal Procedure, 1973.
(4)
In all cases of offences against children, the investigation shall be conducted by the Child Welfare
Police Officer.
(5)
Where any offence under the Act is committed by a Child Care Institution including a Specialised
Adoption Agency, the Committee or the Board as the case may be, may pass appropriate orders for
placing the children already placed with the Child Care Institution or the Specialised Adoption Agency
in any other Child Care Institution or Specialised Adoption Agency and recommending the cancellation
of the registration and withdrawal of recognition of such institution or agency.
(6)
The UT Administration shall take appropriate action on the recommendations of the committee
or the Board, as the case may be.
(7)
The District Child Protection Unit shall ensure transfer of children at the earliest, under
intimation to the Administration.
(8)
Where an FIR is registered against a person working with a Child Care Institution including
Specialised Adoption Agency for any offence under the Act and the rules, such a person shall be debarred
from working directly with the children during the pendency of the criminal case.
(9)
Where a person has been dismissed from service or is convicted of an offence under the Act and
the rules, he shall stand disqualified from any further appointment.
(10)
In no case a child shall be placed in a police lock-up or lodged in a jail.
(11)
The child and his family shall be provided access to paralegal volunteers under the District Legal
Service Authority.
(12)
An immediate need assessment of the child will be conducted in terms of the need for food,
clothing, emergency medical care, counselling, psychological support and the same shall be immediately
extended to the child at the police station.
(13)
Where a child has been subjected to sexual abuse, the child may be referred to the nearest District
Hospital or One-Stop Crisis Centre, as the case may be, if locally available.
(14)
Special children’s rooms may be designated in every Court Complex with facility for separate
space for children waiting and children who are giving their statement or interview; separate entrances,
wherever feasible; video-conferencing facilities for interacting with children, wherever possible;
provision for entertainment for children such as books, games, etc. Statements and interviews, other than
during trial of children who are, victims, or witnesses, shall be recorded through child friendly procedure
in a children’s room.
(15)
The statement or the interview of the victim/ witness child shall be conducted while ensuring the
following conditions:
(i)
The Magistrate shall record the statement of the child under section 164 of the Code of Criminal
Procedure, 1973 in the Children’s room or, if possible in the child’s place of residence including,
home or institution where he or she is residing.
(ii)
The statement shall be recorded verbatim as spoken by the child.
(iii)
The statement may also be recorded by audio-visual means as per the provisions of sub-section (1)
of section 164 of the Code of Criminal Procedure, 1973.
(iv)
The child may be accompanied by parent or guardian or social worker.
(16)
The Legal Services Authority may provide a support person or para legal volunteer for pre-trial
counselling and to accompany the child for recording of the statement who shall also familiarize the child
with the Court and Court environment in advance, and where the child is found to have been disturbed
by the experience of coming to the Court, orders for video-conferencing may be passed by the Court, on
an application moved by the support person or para-legal volunteer or by the Legal Services Authority,
on behalf of the child.
(17)
If the child victim or witness does not belong to the District or UT or Country, the statement or
interview or deposition of the child may also be recorded through video conferencing.
(18)
Where video-conferencing is not possible, all necessary accommodation, travel expenses for the
child and a guardian accompanying the child will be provided as per actuals by the Administration or
Union Territory Administration.
(19)
Separate rooms for vulnerable witnesses may be designated in every Court Complex to record
the evidence of child witnesses.
(20)
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(s) 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)
Psychological counselling may also be provided to the child wherever necessary.
(iii)
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.
(iv)
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 to be
followed.
(v)
The language(s) used to be familiar to the child and if needed translators and special educators to
be made available.
(vi)
Before the statement of the child is recorded, the Court to ensure that the child is capable of making
a voluntary statement.
(vii) No statement of the child to be disregarded as evidence in the trial solely on the basis of the age of
the child.
(viii) Images or statements admissible in the interview of the child not to be detrimental to the mental or
physical well- being of the child.
(ix)
Length and questions admissible at the interview not to be taxing and to be suitable to the attention
span of the child.
(x)
In case of young children, or otherwise incapacitated child, alternative methods of interaction and
evidence collection that is less intimidating to be adopted.
(xi)
The Court to ensure that at no stage during trial, the child comes face to face with the accused.
(xii) Special permission from school and arrangement for remedial classes for days lost to be ensured
by the school authorities.
(21)
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 empaneled by the Legal Services Authority.
(22)
All functionaries of the Court and others concerned may be sensitised on the special needs of
children and child rights.
(23)
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 his legal options.
57.
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 (6 of 2007), shall produce the child
before the Committee for appropriate directions and rehabilitative measures.
(2)
Where an act of cruelty to a child takes place in a Child Care Institution, or a school, or in any
other place of care and protection to the child, considering the best interest of the child, the Board or the
Committee or the Children’s Court after consultation with the child and or parents or guardians shall
provide alternative rehabilitation for the child.
(3)
A child covered under the Act requiring immediate medical attention shall be provided with
required medical care and treatment by a hospital or clinic or facility upon a direction of the Board or the
Committee made in this regard, free of cost. A failure to respond immediately resulting in serious injury,
irreversible damage or threat to life or death shall be deemed to be willful neglect of the child and shall
tantamount to cruelty under section 75 of the Act on the direction of the Board or the Committee after a
detailed inquiry.
(4)
Relevant sections of the Indian Penal Code, 1860 (45 of 1860) or any other law for the time being
in force shall be applicable for offences under section 75 of the Act.
58.
Procedure in case of offence under section 76 of the Act⸺ (1) Whenever a child is found to
be employed or used for the purposes of begging, an immediate investigation shall be undertaken by the
Police in such cases and where an offence is made out under section 76 of the Act, a First Information
Report shall be registered forthwith.
(2)
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.
(3)
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 370 Indian Penal Code, 1860 (45 of
1860), which are cognizable offences, shall also be applicable.
(4)
In case the child engaged in 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.
(5)
In case the child engaged in begging, is also found to be kidnapped for the purposes of begging
then offences under sections 359 to 369 of Indian Penal Code, 1860 (45 of 1860), which are cognizable
offences, shall also be applicable.
59.
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, including for the purpose of sale, the police shall enquire
as to how the child came under the influence of, or possession of such intoxicating liquor or narcotic
drugs or psychotropic substances or tobacco products and shall register an FIR forthwith.
(2)
The child who has been administered narcotic drugs or psychotropic substances or is found under
the influence of the same may be produced either before the Board or the Committee as the case may be,
and the Board or the Committee shall pass appropriate orders regarding rehabilitation and de-addiction
of the child.
(3)
In case of a child found to be addicted to intoxicating liquor or tobacco products, the child shall
be produced before the Committee which shall pass directions for rehabilitation including de-addiction
of the child and transfer the child to a fit facility identified for the purpose.
(4)
In case any child is found to have been administered intoxicating liquor or narcotic drugs or
psychotropic substances or tobacco products in a Child Care Institution, the child shall be produced
immediately before the Board or the Committee, except in such cases where the child is not in a position
to be produced before the Board or the Committee and requires immediate medical attention.
(5)
The Board, shall on its own or on complaint received from the Committee, issue directions to the
police to register an FIR immediately.
(6)
The Board or the Committee shall also issue appropriate directions for inquiry as to the
circumstances in which such product entered the Child Care Institution and reached the child and shall
recommend appropriate action against the erring officials and the Child Care Institution.
(7)
The Board or the Committee may also issue directions for transfer of the child to another Child
Care Institution as the case may be.
(8)
Any shop selling intoxicating liquor, tobacco products, must display a message at a prominent
place on their shop that giving or selling intoxicating liquor or tobacco products to a child is a punishable
crime with upto seven years of rigorous imprisonment and a fine of upto one lakh rupees.
(9)
All tobacco products and intoxicating liquor must display a message that giving or selling
intoxicating liquor or tobacco products to a child is a punishable crime with upto seven years of rigorous
imprisonment and a fine of upto one lakh rupees.
(10)
Giving or selling of intoxicating liquor, narcotic drugs or psychotropic substances or tobacco
products within 200 meters of a Child Care Institution or any other home registered or recognised under
the Act, or the office of a Committee or a Board shall be deemed to be an offence under section 77 of the
Act.
60.
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 an FIR forthwith.
(2) A child who is alleged to have committed an offence under section 78 of the Act shall be produced
before the Board, which may transfer the child to the Committee, if the child is also in need of care and
protection.
61.
Procedure in case of offence under section 79 of the Act⸺ (1) Whenever a child is found to
be employed as a child labour, an immediate investigation shall be undertaken by the Police in such cases
and wherein offence is made out under section 79 of the Act, a First Information Report shall be registered
forthwith.
(2)
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.
(3)
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.
62.
Procedure in case of offence under section 80 of the Act. ⸺ (1)
Where any orphan,
abandoned or surrendered child, is offered or given or received for the purpose of adoption without
following the procedures as provided in the Act and the rules, the police shall, suo moto, or on receipt of
information in that regard register an FIR forthwith.
(2)
A child who has been so offered, given or received for the purpose of adoption shall be produced
before the Committee forthwith which shall pass appropriate directions for rehabilitation of the child,
including placing such child in a Specialised Adoption Agency.
(3)
Wherever any offence under section 80 of the Act is committed by a recognised Specialised
Adoption Agency or by a person associated with such an agency, the Committee may also pass
appropriate orders for placing the other children placed with the Specialised Adoption Agency in any
other Child Care Institution or Specialised Adoption Agency.
63.
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 an FIR forthwith.
(2)
Giving or agreeing to give, receiving or agreeing to receive any payment or reward in
consideration of adoption, except as permitted under the adoption regulations framed by the Authority,
towards the adoption fees or service charge or child care corpus by any prospective adoptive parent(s) or
parent or guardian of the child or the Specialised Adoption Agency shall amount to an offence under
section 81 of the Act and this rule.
(3)
A child, who has been subjected to buying or selling, shall be produced before the Committee
forthwith which shall pass appropriate orders for the rehabilitation of the child.
(4)
Where any offence under section 81 of the Act is committed by a parent or a guardian of the
child or any other person having actual charge or custody of the child, the Committee shall pass
appropriate orders for placing the child in a Child Care Institution or fit institution or with a fit person,
as the case maybe.
(5)
Where any offence under section 81 of the Act is committed by a Child Care Institution including
Specialised Adoption Agency or by a hospital or nursing home or maternity home, or a person associated
with such an institution or agency, the Committee may also pass appropriate orders for placing the other
children placed with such Child Care Institution or Specialised Adoption Agency or hospital or nursing
home or maternity home in any other Child Care Institution or Specialised Adoption Agency or hospital
or nursing home or maternity home, as the case may be.
(6)
The committee shall 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 Agency to the Administration.
(7)
The District Magistrate shall recommend to the UT Administration 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 UT Administration shall take appropriate action within fifteen days.
(8)
In case the child that is sold and is also trafficked, then the provisions of the Immoral Traffic
(Prevention) Act, 1956 (104 of 1956) and Section 370 of the Indian Penal Code, 1860 (45 of 1860), shall
also be applicable.
64.
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 his behalf.
(2)
Every Child Care Institution shall have a complaint box at a prominent place in the building to
receive complaints of corporal punishment.
(3)
The complaint box will be opened in the presence of a representative of the District Child
Protection Unit once a month.
(4)
All such complaints shall be forthwith presented before the Judicial Magistrate of First Class
nearest to the Child Care Institution and copies thereof shall be forwarded to the Board or the Committee.
(5)
The Judicial Magistrate shall get the case investigated by the Child Welfare Police Officer
concerned and take appropriate measures on receipt of a complaint.
(6)
The Board or the Committee may consider transferring the child to another Child Care Institution
in the best interest of the child who has made the complaint or who has been subjected to corporal
punishment.
(7)
Where the Judicial Magistrate First Class finds that the management of the institution is not
cooperating with the inquiry or complying with the orders of the court under sub-section (3) of section
82 of the Act, the Judicial Magistrate First Class will either take cognizance of the offence himself or
direct the registration of FIR and proceed against the person in-charge of the management of the
institution.
(8)
Where the Board or the Committee or the UT Administration issues any directions to the
management of the institution in respect of any incident of corporal punishment in the child care
institution, the management shall comply with the same.
(9)
In the event of non-compliance, the Board on its own or on the complaint of the Committee or
the District Magistrate shall direct the registration of an FIR under sub- section (3) of section 82 of the
Act.
(10)
Where a person has been dismissed from service or debarred from working directly with children
or is convicted of an offence of subjecting a child to corporal punishment under sub-section (2) of section
82 of the Act, he shall stand disqualified from any further appointment under the Act and the rules.
CHAPTER IX
MISCELLANEOUS
65.
Duties of the Person-in-charge of a Child Care Institution. ⸺ (1)
The
primary
responsibility of the Person-in-charge is of maintaining the Child Care Institution and of providing care
and protection to the children.
(2)
The Person-in-charge shall stay within the premises to be readily available as and when required
by the children or the staff and in case where an accommodation is not available in the premises, he shall
stay at a place in close proximity to the Child Care Institution till such time such accommodation is made
available within the premises of the Child Care Institution.
(3)
The general duties and functions of the Person-in-charge shall include, to:-
(i)
ensure compliance with the provisions of the Act and the rules and orders made thereunder;
(ii)
ensure compliance with the orders of the Board or the Committee or the Children’s Court;
(iii)
provide homely and enabling atmosphere of love, affection, 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;
(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;
(viii) segregate a child wherever required;
(ix)
ensure observance and follow-up of daily routine activities;
(x)
organize local and national festivals in the home;
(xi)
organize trips or excursions or picnics for children;
(xii) 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;
(xiii) allocate duties to personnel;
(xiv) maintain standards of care in the Child Care Institution;
(xv) ensure proper storage and inspection of food stuffs as well as food served;
(xvi) maintain the buildings and premises of the Child Care Institution;
(xvii) maintain proper hygiene in the home;
(xviii) provide accident and fire preventive measures, disaster management within the premises
and also keep first aid kit;
(xix) make stand-by arrangements for water storage, power back-up, inverters, generators;
(xx) ensure careful handling of equipment;
(xxi) employ appropriate security measures;
(xxii) conduct periodical inspections, including daily inspection and rounds of the Child Care
Institutions;
(xxiii) take prompt action to meet emergencies;
(xxiv) ensure prompt, firm and considerate handling of all disciplinary matters;
(xxv)
ensure proper and timely maintenance of the case files;
(xxvi) maintain all records and registers required under the Act and these rules;
(xxvii) prepare the budget and maintain control over financial matters;
(xxviii) organise the meetings of the Management Committee set up under rule 41 of these rules
and provide necessary support;
(xxix) ensure monthly verification of all records and registers by the Management Committee
set up under rule 41 of the rules;
(xxx)
liaise, co-ordinate and co-operate with the UT Child Protection Society and the District
Child Protection Unit as and when required;
(xxxi) co-ordinate with the legal cum Probation Officer in the District Child Protection Unit or
the District or UT Legal Services Authority to ensure that every child is legally
represented and provided free legal aid and other necessary support;
(xxxii) ensure the production of the child before the Board or the Committee or the Children’s
Court on the date of such production and to ensure that the dates for the said purpose are
recorded;
(xxxiii) check the Children’s Suggestions or Complaint Book daily and inform the District Child
Protection Unit and the Committee or the Board promptly about urgent complaints;
(xxxiv) maintain a record of complaints received in the children’s Suggestion or Complaint Book
and actions taken thereto.
(4)
The Person-in-charge shall inspect the Child Care Institution as often as possible but not less
than twice a day. He shall make a record of the timings of his inspection and also note his observations
in a separate book maintained for the purpose, especially with regard to:
(i)
maintenance of hygiene and sanitation;
(ii)
maintenance of order;
(iii)
quality and quantity of food;
(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; and
(viii) maintenance of files, registers and books.
(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.
66.
Duties of the Child Welfare Officer or Case Worker. ⸺ (1)
Every Child Welfare Officer
or Case Worker in the Child Care Institution shall carry out all directions given by the Board or the
Committee or the Children’s Court.
(2)
The Child Welfare Officer or Case Worker shall establish linkages with voluntary workers and
organisations to facilitate rehabilitation and social re-integration of the children and to ensure the
necessary follow up.
(3)
The Child Welfare Officer or Case Worker available in the Child Care Institution at the time of
receiving a child shall interact with the child received with a view to put the child at ease and befriend
him and shall supervise the process of receiving of the child.
(4)
On receipt of information from the police or Child Welfare Police Officer or on arrival of a child
in the Child Care Institution, the Child Welfare Officer or Case Worker shall forthwith conduct social
investigation of the child through personal interviews with the child and his family members, social
agencies and other sources, inquire into antecedents and family history of the child and collect such other
material as may be relevant, and submit the Social Investigation Report to the Board or the Committee
or the Children’s Court, within fifteen days.
(5)
All the children in the Child Care Institution shall be assigned to a Child Welfare Officer or Case
Worker and such Child Welfare Officer or Case Worker shall be responsible for the child assigned to
him in all respects viz. care and development of the child, reporting to the Board or the Committee or the
Children’s Court about the child or maintaining the child’s record in the Child Care Institution.
(6)
Upon assignment of the child to a Child Welfare Officer or Case Worker, the Child Welfare
Officer or Case Worker shall:
(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 his safety, welfare and development; assist the child to
adjust to the 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 his 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, psychologists or such other person as he deems fit in this regard;
(viii)
In keeping with the individual care plan, a daily routine shall be developed for the child
and explained to him;
(ix)
Ensure that the child adheres to the routine activities so developed and take timely reports
from the caregivers in this respect;
(x)
Review periodically the implementation and effectiveness of the individual care plan and
if necessary, suitably modify the individual care plan in Form 7 and/or 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 declaration 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 and extend help and guidance to them;
(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;
(xxi)
Any other duty assigned by the Person-in-charge of the Child Care Institution.
(7)
The Child Welfare Officer or Case Worker who has been assigned the duty of verifying the daily
cleaning in the premises of Child Care Institution shall do so twice a day, one after the morning cleaning
and the other after the evening cleaning. The Child Welfare Officer or Case Worker shall make a note of
the same in the House- keeping register.
(8)
The Child Welfare Officer or Case Worker who has been assigned the duty of verifying the daily
cooking shall make a note of the same in the Meals Register, in respect of every meal.
67.
Duties of the House Mother or House Father. ⸺ (1) Every house father or house mother
shall abide by the directions of the Person-in-charge.
(2)
The general duties, functions and responsibilities of a house father or house mother shall be as
follows:
(i)
handle every child in the Child Care Institution with love and affection;
(ii)
take proper care of the child and ensure his welfare;
(iii)
provide each child upon his reception with all necessary supplies like clothing, toiletries
and such other items required for daily usage.;
(iv)
replenish the provisions or supplies as per scale and need of the child;
(v)
maintain discipline among the children;
(vi)
ensure that the children maintain personal cleanliness and hygiene;
(vii) look after maintenance, sanitation and maintain hygienic surroundings;
(viii) implement the daily routine of every child in an effective manner and ensure the
participation of the children;
(ix)
look after safety and security arrangements in the Child Care Institution;
(x)
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;
(xi)
report to the Person-in-charge and to the Child Welfare Officer about the child assigned to
the Child Welfare Officer;
(xii) maintain the registers, relevant to their duties; and
(xiii) any other duty as may be assigned by the Person-in-charge of the Child Care Institution.
68.
Duties of a Probation Officer. ⸺ (1)
On receipt of information from the Police or Child
Welfare Police Officer under clause (ii) of sub-section (1) of section 13 of the Act, without waiting for
any formal order from the Board, the Probation Officer shall inquire into the circumstances of the child
as may have bearing on the inquiry by the Board and submit a social investigation report in Form 6 to
the Board.
(2)
The social investigation report should provide for risk assessment, including aggravating and
mitigating factors highlighting the circumstances which induced vulnerability such as traffickers or
abusers being in the neighborhood, adult gangs, drug users, accessibility to weapons and drugs, exposure
to age inappropriate behaviours, information and material.
(3)
The Probation Officer shall carry out the directions given by the Board and shall have the
following duties, functions and responsibilities:
(i)
To conduct social investigation of the child in Form 6;
(ii)
To attend the proceedings of the Board and the Children’s Court and to submit reports 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 UTs for obtaining social
investigation report, 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 his supervision and places of
employment or school attended by such child and submit periodic reports as per Form 10;
(xiv) To accompany children where ever 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 his day to day activities such as visits made by him,
social investigation reports prepared by him, follow up done by him and supervision reports
prepared by him;
(xviii) To identify alternatives of community services and to establish linkages with voluntary
sector for facilitating rehabilitation and social reintegration of children; and
(xix) Any other task as may be assigned.
69.
Rehabilitation-cum-Placement Officer. ⸺ (1) A Rehabilitation-cum- Placement Officer shall
be designated in all Child Care Institutions, including place of safety.
(2)
The Rehabilitation-cum-Placement Officer may have a Masters Degree in Social Work or Human
Resource Management and at least three years experience in the field of rehabilitation, employment
creation and resource mobilization.
(3)
The Rehabilitation-cum- Placement Officer to perform the following functions:
(i)
Identify the skills and aptitude of the children placed in Child Care Institutions through
appropriate mechanism and in consultation with the Child Welfare Officer, Case Worker,
Counsellor and Vocational instructor;
(ii)
Identify and develop linkages with all such agencies that offer vocational and training
services with job placement at the end of the course;
(iii)
Network with persons, corporates, recognised non-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 nature of the offence and the personality
traits of the child;
(viii) Maintain the Rehabilitation Card 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;
(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 UT Administration 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; and
(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.
70.
Staff Discipline. ⸺ (1) Any dereliction of duty, violation of rules and orders shall be viewed
seriously and strict disciplinary action shall be taken or recommended by the Person-in-charge against
the erring officials.
(2)
No staff of the Child Care Institution shall be present at an unauthorized location within the Child
Care Institution.
(3)
No staff of the Child Care Institution shall bring any prohibited article into the Institution.
(4)
No staff of the Child Care Institution shall consume any addictive substances like liquor, bidi,
cigarette, tobacco or any other psychotropic substance within the premises of the Child Care Institution,
whether on duty at the relevant time or not or shall report for duty under the influence of any intoxicating
substance.
(5)
No staff of the Child Care Institution shall sell or let for gain any article to any child or have any
business dealings with such child or his parent or guardian.
(6)
No staff of the Child Care Institution shall use any abusive or vulgar language or discuss age-
inappropriate topics or watch pornographic material or read obscene literature in the premises of the
Child Care Institution.
71.
Security measures. ⸺ (1)
Adequate number of security personnel shall be engaged in
every Child Care Institution keeping in mind the category of children housed in the Child Care Institution,
age group of children and the purpose of the Child Care Institution and the risk factor to and from the
child.
(2)
While engaging security personnel, preference shall be given to ex-servicemen recruited through
the Directorate General of Resettlement or agencies recommended by them.
(3)
In Child Care Institutions housing girls, female security guards would be provided for the
security inside the Child Care Institution and male security guards may be engaged for the security of the
Child Care Institution from outside.
(4)
Security personnel should also be available in reserve for any emergency situation.
(5)
The Person-in-charge shall ensure that appropriate security measures are employed at all times,
including the following:
(i)
There shall be 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 he comes to know of any incident or probability of
unrest amongst the children, shall bring the same to the notice of the Person-in-charge without any loss
of time, who shall take necessary steps as the situation demands and shall inform the Board or the
Committee of such information or incident as well as the steps taken by him, in writing.
(7)
The Person-in-charge shall make surprise visits to the Child Care Institution during the night as
frequently as possible, but not less than once a week. He shall make a record of the timings of his visit
and also note his observations in the register maintained by him in that regard.
(8)
In a case of disturbance outside the Child Care Institution, the shift in-charge shall immediately
inform the police station concerned.
(9)
In a case of violence or disturbance inside the Child Care Institution, the shift in-charge shall
take assistance of the police with the permission of the Person-in- charge. The shift in-charge shall first
issue a warning to the children.
(10)
In case of a natural disaster or fire or any such calamity, the shift in-charge shall take suitable
steps for evacuation and safety of the children as per the Disaster Management Protocol as developed by
the UT Disaster Management Authority for Child Care Institutions.
(11)
To prepare the officers, children and guards to follow the above steps, a practice drill shall be
held once a month, without previous notice by the Person-in- charge.
(12)
Closed Circuit Television cameras may be installed at all key points such as all entry and exit
points to the Child Care Institution, reception, corridors, kitchen, pantry or store room, dormitories, entry
and exit points of the washrooms with due regard to the privacy and dignity of the children.
(13)
Adequate number of scanners and metal detectors may be provided in every Child Care
Institution.
72.
Searches and Seizures. ⸺ (1) The Person-in-charge or other authorised functionary of the
Home may conduct searches if required, and seize prohibited articles, if found.
(2)
The procedure in case of seizures shall be as under:
(i)
any prohibited article found during the search, shall be seized by the Person- in-charge and a
list of such seizure prepared;
(ii)
in case of arms, weapons, articles capable of being used as weapons or tools for criminal
activities or addictive substances being found from a child or dormitory, the Person-in-charge
shall conduct an inquiry to ascertain the presence of such articles and the persons responsible
for such act;
(iii)
the Person-in-charge shall furnish his report in this respect to the police and inform the Board
or the Committee at the earliest;
(iv)
the Board may initiate appropriate action upon such report or on the report forwarded by the
Committee for disposal of the seized articles;
(v)
the UT Administration or the District Magistrate shall take appropriate action 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;
(vi)
the child responsible shall be dealt with in accordance with the Act and the rules made
thereunder.
(3)
All the articles seized shall be destroyed or disposed of having regard to the nature of the articles,
on the orders of the competent court, after being satisfied that the seized articles are not required in any
inquiry or departmental action against any officer or in any criminal investigation and proceedings.
73.
Institutional Management of Children. ⸺
A.
(1) Every child shall be received by the Person-in-charge of the Child Care Institution or such
other official duly authorised by the Person-in-charge to receive a child, referred to as the Receiving
Officer.
(2) The Receiving Officer shall satisfy himself as regards the identity of the child and in case of any
doubt, the Receiving Officer shall promptly inform the Person-in- charge who shall forthwith inform the
Board or the Committee and produce the child before the Board or the Committee without any delay.
B.
Types of Stay at the Child Care Institution. ⸺ (1)
In case of children in conflict with law,
there are three types of stay of children at the Child Care Institution:
(i)
protective custody;
(ii)
overnight protective stay;
(iii)
rehabilitation stay.
(2)
In case of children in need of care and protection, there are two types of stay of children at the
Child Care Institution:
(i)
overnight protective stay;
(ii)
rehabilitation stay.
C.
Protective Custody. ⸺ (1) A Protective Custody Card in Form 41 duly signed by the Board
or a custody warrant duly signed by the Children’s Court is required for such stay.
(2)
Duration of such stay shall be as directed by the Board or the Children’s Court and as extended
from time to time by them.
(3)
Such a stay shall be during the pendency of the inquiry.
D.
Overnight Protective Stay. ⸺ (1)
The purpose of the stay is to provide shelter to the child
and prevent his being kept overnight at the police station or at any other unsuitable place by providing
an alternative.
(2)
Such stay may be only after 20:00 hrs in the night and till14:00 hrs on the following day.
(3)
A child shall be permitted to stay at the Child Care Institution for one night on an application
seeking overnight protective stay of the child moved by the Child Welfare Police Officer in writing to
the Receiving Officer. The application shall be accompanied with a copy of the relevant documents
showing the circumstances in which the child was apprehended or found and the medical condition of
the child.
(4)
Upon being satisfied about the identity of the child, the child may be received by the Receiving
Officer and Form 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 and to the special home or the place of safety by the Board or the Children’s Court.
(2) The child shall be issued the Rehabilitation Card in Form 14 which shall state the duration of stay
of the child, unless the duration is shortened by a specific order in that respect by the Board or the
Committee or the Children’s Court.
F.
Procedure to be adopted at the time of receiving the child. ⸺ (1)
The
Receiving
Officer shall follow the following procedure at the time the child is received:
(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 76 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.
(2)
Every child received in the Child Care Institution shall be kept for the first fourteen days of his
stay in the reception dormitory made specifically for the purpose or the segregation unit, so that the child
adjust to the life in the Child Care Institution.
G.
Procedure to be adopted after the child is received. ⸺ (1)
The following procedure shall
be adopted on the same day or the next day if the child is received in the night:
(i)
photograph 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 32 of these rules, a
list of which shall be kept in his case file. The provisions will be replenished from time to time as
per rule 32 of these rules;
(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 his person and any other observation which the medical officer thinks
fit Anda copy of which shall be placed in the medical record of the child;
(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, he may be examined by a panel of doctors
to understand his physical, medical, psychological state and his state of addiction, if any, for assessment
of his personality and requirements to assist in the rehabilitation plan to be prepared for him.
(3)
The Child Welfare Officer or Case Worker assigned to the child shall also interact with the family
members of the child, where available. A case history in Form 43 shall be prepared and maintained in
the case file of the child. Information for the same may be collected through all possible and available
sources including the parents or guardians, home, school, friends, employer and community of the child.
(4)
The Child Welfare Officer or Case Worker shall assess the educational level and vocational
aptitude of the child on the basis of tests and interviews, conducted with the assistance of other technical
staff. Necessary linkages, in this respect, shall be established with outside specialists and community
based welfare agencies, psychologist, psychiatrist, child guidance clinic, hospital and other Government
and non- governmental organisations.
I.
Procedure to be adopted on the expiry of the first fourteen days. ⸺ (1)
The
child shall be shifted to one of the regular dormitories and assigned a specific bed, cabinet and study table
in that dormitory.
(2)
Assignment of the dormitory shall be done on the basis of:
(i) age;
(ii) nature of offence committed by or against the child;
(iii) physical and mental status of the child;
(3)
children, requiring special care, shall be kept in a different dormitory.
(4)
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.
(5)
The Child Welfare Officer or Case Worker shall review the individual care plan and note his
opinion in the rehabilitation card in Form 14 on the basis of his own observations, interaction with the
child and his teachers or instructors and the feedback received from the house father or house mother.
(6)
The Child Welfare Officer or Case Worker shall also maintain a record of any difficulty faced
by the child during his stay at the Child Care Institution with a note of the steps taken to resolve the
difficulty.
(7)
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.
(8)
The individual care plan shall be reviewed every fortnight during the initial three months and
thereafter, every month. A report of its effectiveness or inadequacy shall be prepared with reasons for
such opinion.
J.
Procedure to be adopted after three months. ⸺ (1)
The progress of the child shall be
examined, with specific reference to the aims and targets noted in the individual care plan for the child.
The progress of the child shall be reviewed and noted in the rehabilitation card in Form 14.
(2)
The quarterly progress report shall be placed before the Management Committee for perusal and
consideration.
(3)
After deliberation by the Management Committee, the individual care plan shall be appropriately
modified. The routine of the child and the approach towards rehabilitation of the child shall also be
suitably modified. Record of such modified care plan and daily routine shall be maintained in the case
file of the child. The progress shall be reviewed and recorded in the rehabilitation card in Form 14.
K.
Pre-release planning.⸺ (1)
A well-conceived programme of pre-release planning and
follow-up of cases discharged from Children’s Homes, special homes and places of safety shall be
organised in all institutions as per the directions of the Board or the Committee or the Children’s Court.
(2)
In the event of a child leaving the Child Care Institution without permission or committing an
offence within the institution, the information shall be sent by the Person-in-charge to the police and the
family, if known; and the detailed report of circumstances along with the efforts to trace the child if the
child is missing, shall be sent to the Board or the Committee or the Children’s Court, as the case may be.
(3)
The children shall be educated about their rights and the Child Care Institution may encouraged
the children and indulge them in education, sports and other extra- curricular 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 and
trained to follow the rules and standards of good behaviour.
(2)
Every unacceptable behaviour shall be taken note of by the Children’s Committee and the child
found in violation of rules may be made to give an explanation. The Children’s Committee may
recommend appropriate action to the Person-in-charge. A copy of the report containing the description
of the incident and the action taken thereupon shall be submitted to the Board or the Committee or the
Children’s Court by the Person-in-charge within twenty-four hours. A copy of same shall also be placed
before the Management Committee for planning a long term strategy for prevention of such incidents.
(3)
A copy of the report shall be kept in the case file of the child concerned.
(4)
The Person-in-charge may deal with the violation appropriately giving due consideration to the
recommendation of the Children’s Committee and the safety and dignity of the child.
(5)
The Person-in-charge may seek the assistance of the counsellor or the Child Welfare Officer or
Case Worker, any non-governmental organisation associated with the Child Care Institution in dealing
with the situation.
(6)
A child showing exceptionally good behaviour shall be considered for appropriate reward or
benefits by the Person-in-charge and note of the same shall be placed in the case file of the child.
N.
Manner of dealing with unacceptable behaviour.⸺ (1)
The action taken shall be
commensurate with the nature and degree of violation and the age of the child and may be any of the
following:
(i)
formal warning;
(ii)
assignment of house-keeping tasks;
(iii)
imposition writing i.e. writing a number of times that he shall not repeat the behaviour; and
(iv)
forfeiture of privileges viz. permission to watch television, permission to go for outdoor activity,
sports and recreation and other preferred activity;
(2) No child shall be subject to corporal punishment or any mental harassment including humiliating
behaviour affecting the dignity of the child.
O.
Exceptional Good behaviour. ⸺
The following shall be considered good behaviour,
namely:-
(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. For the House
representatives, in situations that may develop into an emergency, the behaviour before the
sounding of the alarm would be considered;
(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 his trauma;
(viii) performing exceptionally well in an examination in continuation of his studies, or vocational or
rehabilitation courses;
(ix)
positive and adaptive behaviour;
(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 child himself.
74.
Prohibited Articles. ⸺ (1)
No person shall bring into the Child Care Institution the
following prohibited articles, namely:-
a.
intoxicants of any description, psychotropic substances, liquor, ganja, bhang, opium, smack etc;
b.
all explosives, poisonous substances, acid and chemicals, whether fluid or solid of whatever
description;
c.
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;
d.
all obscene matter;
e.
string, rope, chains and all materials which are capable of being converted into string or rope or
chains, of whatever description;
f.
wood, bamboo, club, stick, ladder, bricks, stones and earth of every description;
g.
playing cards or other implements for gambling;
h.
tobacco items, pan masala or similar item;
i.
medicine that has not been specifically prescribed;
j.
any other article specified in this behalf by the UT Administration by a general or special order.
(2)
All bullion, metal, coin, jewellery, ornaments, currency notes, securities and articles of value of
every description including electronic items such as mobile phone, digital camera, i-pad, etc,. shall be
deposited in safe custody.
(3)
The disposal of the prohibited articles shall be as per rule 76 of these rules.
75.
Articles found on search and inspection.⸺ (1) The Person-in-charge shall ensure that every
child received in the institution is searched, his personal belongings inspected and money or any valuables
found with the child is kept in the safe custody of the
Person-in-charge. In case of search of a female child, the search shall be carried out by female staff only.
In every institution, a record of money, valuables and other articles found with a child shall be maintained
in the "Personal Belongings Register” which shall contain a description of the articles.
(2) The entries made in the Personal Belongings Register, relating to each child, shall be read over to
the child in the presence of a witness, whose signature shall be obtained in token of the correctness of
such entries and it shall be countersigned by the Person-in-charge.
76.
Disposal of articles. ⸺ (1)
The money or valuables belonging to a child shall be disposed
of in the following manner, namely:
a.
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;
b.
the valuables, and other articles, if any, shall be kept in safe custody;
c.
when such child is transferred from one institution to another, all his money, valuables and other
articles, shall be transferred along with the child to the Person-in-charge of the institution to which
he has been transferred together with a full and correct statement of the description thereof;
d.
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;
e.
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;
f.
a receipt shall be obtained from such person for having received such money, valuables and other
articles; and
g.
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 41 of these rules.
77.
Maintenance of case file. ⸺ (1)
The case file of each child maintained in the Child Care
Institution in safe custody shall be confidential.
(2)
The case file shall be produced before the Board or the Committee or the Children’s Court on
every date of production of the child for perusal of the Board or the Committee or the Children’s Court.
(3)
The case file shall contain the following namely:
(i)
report of the person or agency who produced the child before the Board or Committee including
the report of the police;
(ii)
copy of FIR or DD entry in case of 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, counsellor 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, his 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 counselling 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 Card;
(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) remarks, if any.
(4)
The medical record of a child shall contain all reports and records of the child regarding the status
of his physical and mental health, addiction status and treatment, etc.
(5)
It shall be the responsibility of the Child Welfare Officer or Case Worker concerned to maintain
the case file.
(6)
All the case files maintained by the institutions may be computerised and the UT Administration
may develop appropriate processes for the same.
78.
Visits to and communication with children. ⸺ (1)
Every child in the Child Care
Institution may be permitted to have one meeting in a week with his relatives:
Provided that in special cases, where parents or guardians have travelled a long distance from another
State or District, the Person-in-charge may allow the parents or guardians entry into the premises and a
meeting with their children on other days on confirmation of their identity and they being reported not to
have been involved in subjecting the child to abuse and exploitation.
(2)
A newly received child shall be permitted to meet his parent or guardian or family member on
their first visit on any day.
(3)
No meeting shall be permitted with the parent or guardian or relatives where such visitors have
been found to be involved in subjecting the child to violence, abuse and exploitation or carrying any
prohibited articles, except with the express permission granted by the Board or the Committee or the
Children’s Court or when such meeting has been specifically directed by the counsellor of the child.
(4)
Every child shall be allowed to write two letters in a week to his parent or guardian or to his
relatives. Necessary stationary and postage for the letters shall be provided by the Person-in-charge.
(5)
The Person-in-charge may peruse any letter written by or to the child and may for reasons to be
noted in the case file of the child, refuse to deliver or issue the letter. A report of the same shall be
prepared and placed before the Management Committee.
A copy of the report shall be retained on the case file and another copy shall be sent to the Board
or the Children’s Court or the Committee.
(6)
Every child shall be allowed to bring any written communication for the purpose of handing over
to the Board or the Committee or the Children’s Court, as the case may be, and be provided stationary,
etc. for the same.
(7)
The Person-in-charge may allow a child to speak with his parents or guardians on telephone once
a week under supervision of the Child Welfare Officer or Case Worker or Probation Officer and record
shall be duly maintained of such calls.
(8)
Every person desiring to meet the child shall, before the meeting, disclose his name and address
with proof, which shall be noted in the visitors register and signed by the visitor. Copy of the photo
identity card containing the address and a photograph of the visitor to be taken before the meeting, shall
be retained by the institution. If the visitor refuses to disclose his particulars, he shall be denied the
meeting.
(9)
The visitor shall, submit himself for a search at the main gate, female visitors shall be searched
by female staff only.
(10)
Every meeting shall take place in the presence of the Child Welfare Officer or Case Worker or
Probation Officer of the Child Care Institution, who shall be responsible for any irregularity that occurs
and who shall be so placed that he is able to see and to prevent any objectionable or prohibited article
being passed between the parties.
(11)
Every child shall be carefully searched before and after the meeting in the presence of visitor.
The child should not be having anything with him before he goes for the meeting.
(12)
If any objectionable or prohibited article is found in the search conducted before the meeting:
(i)
the said article shall be seized;
(ii)
the Person-in-charge shall conduct an inquiry to know the identity of the person(s) responsible for
the article reaching the child;
(iii)
if the person(s) 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)
Any child who abuses the privilege of meeting shall be denied the same for such period as the
Person-in-charge may direct. A report of the same shall be sent to the Board or the Committee or the
Children’s Court and a copy shall be retained in the case file of the child.
(15)
Every child shall be entitled to communicate with his legal counsel provided that:
(i)
the rules of search and seizure shall apply to all legal counsels 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 his advocate shall apply
in writing, giving his name, address and enrolment number with a copy of a vakalatnama, duly
attested by the Board or the Committee or the Children’s Court;
(iv)
any child who claims to have no counsel shall be permitted to meet the legal aid counsels who visit
the Child Care Institution in the normal course.
79.
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 Magistrate,
National or UT Commission for protection of Child Rights, as the case may be and the parents or
guardians or relatives of the child.
(iii)
Immediate information shall be given by the case-worker or Probation Officer or Child Welfare
Officer to the Person-in-charge and the Medical Officer and the Person-in-charge shall
immediately inform the nearest police station, Board or Committee and the District Magistrate, the
National or UT Commission for protection of Child Rights, as the case may be and parents or
guardians or relatives of the deceased child.
(iv)
If a child dies within twenty-four hours of his 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
Magistrate, National or UT Commission for protection of Child Rights, as the case may be 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, the police,
the Board or the Committee or the Children’s Court and the District Medical Officer or the 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.
80.
Abuse and Exploitation 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.
(2)
In the event of any physical, sexual or emotional abuse, including neglect of children in an
institution by those responsible for care and protection, the following action shall be taken namely:
(i)
the incidents of abuse and exploitation shall be reported by any staff member of the institution
immediately to the Person-in-charge on receiving such information;
(ii)
when an allegation of physical, sexual or emotional abuse comes to the knowledge of the Person-
in- charge, a report shall be placed before the Board or Committee, who in turn shall, order for
special investigation;
(iii)
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;
(iv)
the Board or Committee 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;
(v)
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;
(vi)
the Board or Committee shall transfer such a child to another institution or place of safety or fit
person, as the case may be;
(vii) 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;
(viii) 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;
(ix)
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.
81.
Maintenance of Registers. ⸺ (1)
The persons mentioned in column (3) shall maintain
registers and forms under the Act and the rules made thereunder in column
(2) whose custodian shall be the persons mentioned in column (4) thereof as under: Table
S.No
(1)
Register and forms(2)
To be maintained by
(3)
Custodian
(4)
1.
Admission
and
Discharge
Register which will indicate change of
nature of custody
Child
Welfare
Officer/
Case
Worker/ Receiving Officer
Person-in- charge
2.
Attendance Registers for staff and
children.
Shift Incharge
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/Cashier
Person-in- charge
6.
Children’s Suggestion or Complaint
Book.
Children's Committee
Person-in- charge
7.
Counselling Register.
Counsellor
Person-in- charge
8.
Drug de-addiction programme
enrolment and progress register
Child Welfare Officer/
Case Worker
Person-in-charge
9.
Handing over Charge Register.
Shift Incharge
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/ Case Worker Person-in- charge
13.
Library Register.
Teacher
Person-in- charge
14.
Log Book.
Driver
Person-in- charge
15.
Meals Register/Nutrition Diet File.
House Parent
Shift Incharge
16.
Medical File of each child.
Staff Nurse
Person-in- charge
17.
Meeting Book.
Child Welfare Officer/ Case Worker Person-in- charge
18.
Minutes
Register
of
Children’s
Committees.
Child Welfare Officer/ 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/ Case Worker Person-in- charge
22.
Production Register
Probation
Officer/
Child
Welfare Officer/ Case Worker
Person-in- charge
23.
Staff Movement Register.
In charge 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
82.
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, and such other persons as the
Management Committee may permit or consider appropriate keeping in view the security, welfare and
the interest of the children.
(2)
Where permission referred to in sub-rule(1) is given by the Person-in-charge, he shall make a
monthly report of such permission including the orders received from the Board or the Committee to the
UT Child Protection Society and also to the Board or the Committee, as the case may be.
(3)
The Person-in-charge of the Child Care institution shall encourage active involvement of the
local community and corporates in improving the condition in the institution or support the child.
(4)
The Person-in-charge shall maintain a visitors’ book to record the remarks of the visitors.
(5)
The Person-in-charge shall take all steps to inform the visitors to maintain the dignity of children.
83.
Release of a child from a Child Care Institution. ⸺ (1)
The Person-in-charge of the
Child Care Institution shall maintain a roster of the cases of children to be released on the expiry of the
period of stay as ordered by the Board or the Committee or the Children’s Court.
(2)
The timely information of the release of a child and of the exact date of release shall be given to
the parent or guardian and the parent or guardian shall be called to the Child Care Institution to take
charge of the child on that date and if necessary, the actual expenses of the parent’s or guardian’s journey
both ways and of the child’s journey from the Child Care Institution shall be paid to the parent or guardian
by the Person-in-charge at the time of the release of the child.
(3)
If the parent or guardian, as the case may be, fails to come and take charge of the child on the
appointed date, the child shall be taken by the escort of the Child Care Institution; and in case of a girl,
she shall be escorted by a female escort who shall hand over the custody to her parent/guardian.
(4)
At the time of release or discharge, a child may be provided with a set of suitable clothing and
essential toiletries.
(5)
When the child attains the age of eighteen years, he may be placed, if eligible, in an aftercare
programme, subject to the consent of the child and the approval of the Board or the Committee or the
Children’s Court.
(6)
In case the date of release falls on a Sunday or a public holiday, the child may be discharged on
the preceding day with an entry to that effect being made in the register of discharge.
(7)
The Person-in-charge of the Child Care Institution may in appropriate cases, order the payment
of subsistence money, at such rates as may be fixed from time to time, by the UT Administration, and
the railway and/or road fares, as the case may be.
(8)
Where a child under eighteen years of age has no place to go after release and requests for stay
in the Child Care Institution after the period of stay is over, the Person- in-charge may, subject to the
approval of the Board or the Committee or the Children’s Court, allow her stay only for a limited period
till the time, some other suitable arrangement is made by her.
(9)
Where a girl, above eighteen years of age, is released from the Child Care Institution and has no
place to go, she shall be provided with accommodation in the Working Women Hostels, or other such
government facilities, till the time some other suitable arrangement is made by her.
84.
Child suffering from disease requiring prolonged medical treatment in an approved place
and transfer of a child who is mentally ill or addicted to alcohol or other drugs. ⸺ (1)
The
Board or the Committee or the Children’s Court may send the child to a fit facility for such period as
may be certified by a medical officer or mental health expert or on the recommendation of the Person-
in-charge or Probation Officer or Child Welfare Officer or Case Worker, as necessary for proper
treatment of the child who is mentally ill or addicted to alcohol or drugs or any other substance which
lead to behavioural changes in a person for the remainder of the term for which he has to stay.
(2)
When the child is cured of the disease or physical or mental health problems, the Board or the
Committee or the Children’s Court may, order the child to be placed back in the care from where the
child was removed for treatment and if the child no longer requires to be kept under further care, the
Board or the Committee or the Children’s Court may order him to be discharged.
(3)
The UT Administration may set up separate Integrated Rehabilitation Centres for child addicts
on the basis of appropriate age groups.
85.
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 UT Administration 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 determined by the Board or the Committee
which shall be paid by the District Child Protection Unit of the State which has transferred the child.
(4)
On such transfer, case file and records of the child shall be sent along with the child.
(5)
Where the child is a national of another country, on the production of the child before the Board
or the Committee, the Board or the Committee shall inform the District Magistrate who shall initiate the
process for repatriation of the child immediately through the appropriate Department of the
Administration and in consultation with the Ministry of Home Affairs and the Ministry of External
Affairs, as the case may be.
(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 UT Commission for
Protection of Child Rights, as the case may be) as per the protocols.
(7)
The Monitoring Authority shall follow up with the concerned Government or Private Agencies
for getting the child repatriated.
(8)
The Monitoring Authority shall then submit a status report of the children who are to be
repatriated to the Central Government and the UT Administration, as the case may be 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 UT
Administration concerned.
86.
Restoration and Follow-up. ⸺ (1)
The Board or the Committee or the Children’s Court
may make an order in Form 44 for the release of the child placed in a Child Care Institution after hearing
the child and his parents or guardian, and after satisfying itself as to the identity of the persons claiming
to be the parents or the guardian.
(2)
While passing an order for restoration of the child, the Board or the Committee or the Children’s
Court shall take into account the reports of the Probation Officer, social worker or Child Welfare Officer
or Case Worker or non-governmental organisation, including report of a home study prepared on the
direction of the Board or the Committee or the Children’s Court in appropriate cases, and any other
relevant document or report brought before the Board or the Committee or the Children’s Court.
(3)
The order of restoration shall include an individual care plan prepared by the Probation Officer
or the social worker or the Child Welfare Officer or Case Worker or non-governmental organisation.
(4)
The Board or the Committee or the Children’s Court, while directing restoration of the child,
may pass order for an escort in Form 45, where necessary.
(5)
Besides police, the Board or the Committee may seek collaboration with non- governmental
organisations to accompany the child back to the family for restoration.
(6)
In case of girls, the child shall necessarily be accompanied by female escorts.
(7)
The copy of the restoration order along with a copy of the order for escort shall be forwarded by
the Board or the Committee or the Children’s Court to the District Child Protection Unit which shall
provide funds for the restoration of the child, including travel and other incidental expenses.
(8)
When a child expresses his unwillingness to be restored back to the family, the Board or the
Committee or the Children’s Court shall interact with the child to find out the reasons for the same and
record the same and the child shall not be coerced or persuaded to go back to the family. The child may
also not be restored back to the family where the social investigation report prepared by the Child Welfare
Officer or the social worker or the Case Worker or the non-governmental organisation establishes that
restoration to family may not be in the interest of the child. The child would also not be restored back to
the family where the parents or guardians refuse to accept the child back. In all such cases, the Board or
the Committee or the Children’s Court may provide alternative means for rehabilitation.
(9)
A follow-up plan shall be prepared as part of the individual care plan by the Probation Officer or
the Child Welfare Officer or the Case Worker or the social worker or the non-governmental organisation.
(10)
The follow-up report shall state the situation of the child post restoration and the measures
necessary in order to reduce further vulnerability of the child.
87.
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 Worker or the designated officer of the District Child
Protection Unit or non- governmental 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.
(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 non- governmental 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 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 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.
(12)
The follow-up report shall state the situation of the child post restoration and the measures
necessary in order to reduce further vulnerability of the child.
88.
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 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 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 his 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/UT 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, whichever is available.
(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 mayrovide 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 social worker or
the Child Welfare Officer or the Case Worker 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 to
accompany the child back to the family for restoration.
(11)
In case of girls, the child shall necessarily be accompanied by female escorts.
(12)
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.
(13)
Where the child 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.
(14)
The District Magistrate shall explore all possibilities to provide benefit under all Central and
State/UT sponsored schemes including Sponsorship under section 45 of the Act and the Juvenile Justice
Fund under section 105 of the Act.
(15)
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.
(16)
The follow-up report shall state the situation of the child post restoration and the measures
necessary in order to reduce further vulnerability of the child.
89.
Juvenile Justice Fund. ⸺ (1) The UT Administration shall create a fund called the Juvenile
Justice Fund for the welfare and rehabilitation of the children dealt with under the Act and the rules.
(2)
The UT Administration shall make adequate budgetary allocations towards the Juvenile Justice
Fund.
(3)
The Juvenile Justice Fund may receive donations, voluntary contributions, subscriptions or funds
under Corporate Social Responsibility, whether or not for any specific purpose, and shall be directly
credited to the Juvenile Justice Fund.
(4)
The Juvenile Justice Fund may be utilised by the UT Administration for the following purposes,
namely: -
(i)
establishment and UT 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 after care 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 after care;
(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, counselors, 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 cancer affected children and stay facilities for their parents; and
(xvii) any other programme or activity to support the holistic growth, development and well-being of a
child covered under the Act and the rules.
(5)
The Juvenile Justice Fund shall be maintained and administered by Department of the UT
Administration dealing with the implementation of this Act through the UT Child Protection Society.
(6)
The UT Child Protection Society, with the approval of the UT Administration shall adopt
financial rules to govern the utilization of the Juvenile Justice Fund.
(7)
The District Magistrate may submit proposal to the UT for seeking funds from the UT Juvenile
Justice Fund for implementing projects for children in the District regarding any of the activities
mentioned under this rule.
90.
UT Child Protection Society. ⸺ (1)
The UT Child Protection Society shall only
comprise of the officials from the UT Administration and shall perform the following functions namely:
a.
overseeing the implementation of the Act and the rules framed thereunder in the UT and
supervision and monitoring of agencies and institutions under the Act;
b.
addressing road-blocks, issues, complaints received regarding care and protection of children;
c.
ensure that all institutions set up under the Act and the rules are in place and performing their
assigned duties;
d.
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;
e.
develop programmes for foster care, sponsorship and after-care;
f.
inquire into, seek reports and make recommendations in cases of death or suicide in Child Care
Institutions and under other institutional care;
g.
ensure inter-department coordination and liaising with the relevant departments of the UT and
Central Governments and State Child Protection Societies of other States or Union Territories;
h.
networking and coordinating with civil society organisations working for the effective
implementation of the Act and the rules;
i.
maintaining a state level database of all children in institutional care and family based non-
institutional care and updating it on a quarterly basis;
j.
maintaining a database of Child Care Institutions, Specialised Adoption Agencies, open shelters,
fit persons and fit facilities, registered foster parents, sponsors, after care organisations and other
institutions at the UT level;
k.
maintaining a database of medical and counselling 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 UT level;
l.
monitoring and administering the Juvenile Justice Fund set up by the UT Administration including
disbursal of funds to the District Child Protection Units, Special Juvenile Police Units and police
stations, as the case may be;
m.
maintaining separate accounts for all funds received by the UT Child Protection Society such as
the Juvenile Justice Fund, funds under Schemes of Central and UT Administration and getting the
same audited;
n.
generate awareness among public on various aspects of the Act and the rules made thereunder
specifically the existing institutional framework, rehabilitation measures, penalties, procedures for
better protection of children;
o.
organise and conduct programmes for the implementation of the Act including training and
capacity building of stakeholders;
p.
commission research programmes on child protection;
q.
co-ordinate with UT Legal Services Authority and law schools; and
r.
any other function for the effective implementation of the Act and the rules made thereunder.
(2)
The Member- Secretary of the UT Child Protection Society shall be the Nodal Officer in the UT
for the implementation of the Act and the rules.
91.
UT Adoption Resource Agency⸺
(1)
The UT Administration shall set up a UT Adoption Resource Agency for dealing with adoptions
and related matters in the UT 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 UT Adoption Resource Agency shall be headed by the Principal
Secretary or the Secretary of the Department of the UT Administration.
(3)
The Director of the Department of the UT Administration dealing with adoption shall be the
Member Secretary and Chief Executive Officer of the UT Adoption Resource Agency.
92.
District Magistrate and District Child Protection Unit. ⸺ (1) The District Child Protection
Unit shall function under the supervision of the District Magistrate and shall perform following functions,
namely:
a.
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;
b.
arrange for individual or group counselling and community service for children;
c.
make the social investigation report and the individual care plan for each child as directed by
the Board or the Committee;
d.
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;
e.
conduct review of the child placed in the place of safety every year and forward the report to
the Children’s Court;
f.
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;
g.
maintain record of run- away children from Child Care Institutions;
h.
identify families at risk and children in need of care and protection;
i.
assess the number of children in difficult circumstances and create district- specific databases
to monitor trends and patterns of children in difficult circumstances;
j.
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;
k.
facilitate the implementation of non-institutional programmes including sponsorship, foster
care and after care as per the orders of the Board or the Committee or the Children’s Court;
l.
facilitate transfer of children at all levels for their restoration to their families;
m.
ensure inter-departmental coordination and liaise with the relevant departments of the UT
Administration and UT Child Protection Society of the UT and other District Child Protection
Units in the UT;
n.
network and coordinate with civil society organisations working under the Act;
o.
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 UT Child Protection Society;
p.
look into the complaints and suggestions of the children as contained in the children’s
suggestion box and take appropriate action;
q.
be represented on the Management Committees within the Child Care Institutions;
r.
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;
s.
maintain a database of child care institutions, specialised adoption agencies, open shelter, fit
persons and fit facilities, registered foster parents, after care organisations and institutions etc.
at the district level and forward the same to the Boards, the Committees, the Children’s Courts
and the UT Child Protection Society, as the case may be;
t.
maintain a database of medical and counselling 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 UT Child Protection Society;
u.
maintain a database of special educators, mental health experts, translators, interpreters,
counsellors, 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 UT Child Protection Society;
v.
generate awareness and organise and conduct programmes for the implementation of the Act
including training and capacity building of stakeholders under the Act;
w.
organise quarterly meeting with all stakeholders at district level to review the progress and
implementation of the Act;
x.
submit a monthly report to the UT Child Protection Society and the District Magistrate; notify
the UT Administration about a vacancy in the Board or the Committee six months before such
vacancy arises;
y.
review reports submitted by Inspection Committees and resolve the issues raised through
coordination among the stakeholders;
z.
provide secretarial staff to the Committees and the Boards;
aa.
all other functions necessary for effective implementation of the Act including liaising with
community and corporates for improving the functioning of Child Care Institutions;
bb.
maintain a panel of social workers for assigning the work to be done by social workers under
the Act;
cc.
ensure that rights of the child are displayed in schools, hospitals, government buildings and
other such places which are frequented by children.
(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.
93.
Special Juvenile Police Unit. ⸺ (1)
The UT Administration shall constitute a
Special Juvenile Police Unit in each district and city to co-ordinate all functions of police related to
children.
(2)
The Central Government shall constitute a Special Juvenile Police Unit for the Railway
Protection Force or Government Railway Police at every railway station as per requirement and where a
Special Juvenile Police Unit cannot be set up, at least one Railway Protection Force or Government
Railway Police Officer shall be designated as the Child Welfare Police Officer.
(3)
The Child Welfare Police Officers and other police officers of the Special Juvenile Police Unit
shall be given, appropriate training and orientation to deal with matters concerning children.
(4)
The transfer and posting of the designated Child Welfare Police Officers may be within the
Special Juvenile Police Units of other police stations or the district unit.
(5)
The police officer interacting with children shall be as far as possible in plain clothes and not in
uniform and for dealing with girl child, woman police personnel shall be engaged.
(6)
The Child Welfare Police Officer or any other police officer shall speak in polite and soft manner
and shall maintain dignity and self-esteem of the child.
(7)
Where questions that may lead to discomfort of the child are to be asked, such questions shall be
asked in tactful manner.
(8)
When an FIR is registered for offence against a child, a copy of the FIR shall be handed over to
the complainant or child victim and subsequent to the completion of investigation, copy of report of
investigation and other relevant documents shall be handed over to the complainant or any person
authorised to act on his behalf.
(9)
No accused or suspected accused shall be brought in contact with the child and where the victim
and the person in conflict with law are both children, they shall not be brought in contact with each other.
(10)
The Special Juvenile Police Unit shall have a list of:
(i) the Board and Child Welfare Committee in its due jurisdiction, their place of sitting, hours of
sitting, names and contact details of Principal Magistrate and members of the Board, names and
contact details of Chairperson and members of the Committee and the procedures to be followed
before the Board and the Committee; and
(ii) contact details of the Child Care Institutions and fit facilities in its due jurisdiction.
(11)
The names and contact details of the Special Juvenile Police Unit or Child Welfare Police Officer
shall be placed at a conspicuous part at the police stations, Child Care Institutions, Committees, Boards
and the Children’s Courts.
(12)
The Special Juvenile Police Unit shall work in close co-ordination with the District Child
Protection Unit, the Board and the Committee in the matters concerning the welfare of children within
its jurisdiction.
(13)
The Special Juvenile Police Unit may coordinate with the District Legal Services Authority to
provide legal aid to children.
94.
Selection Committee and its composition. ⸺ (1)
The
UT
Administration
shall
constitute a Selection Committee for a period of three years by notification in the Official Gazette
consisting of the following members, namely:
a.
a retired judge of High Court as the Chairperson to be appointed in consultation with the Chief
Justice of the High Court concerned;
b.
one representative from the Department implementing the Act not below the rank of Director as
the ex-officio Member Secretary;
c.
two representatives from two different reputed non-governmental organisations respectively
working in the area of child development or child protection for a minimum period of seven years
but not running or managing any children’s institution;
d.
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
e.
a representative of the UT Commission for Protection of Child Rights.
(2)
The Committee shall continue for a maximum period of three months after the completion of its
tenure by which time new Committee shall be constituted.
(3)
If a vacancy arises in the Selection Committee, the Member Secretary shall intimate the Secretary
of the Department implementing the Act who shall take steps to fill the vacancy for the remaining period
at the earliest.
(4)
The quorum for the meeting of the Selection Committee shall be not less than four Members,
including the Chairperson and the Member Secretary.
(5)
The Member Secretary of the Selection Committee shall convene the meetings of the Selection
Committee at such times as may be necessary for facilitating and carrying out the functions of the
Selection Committee.
(6)
The Member Secretary shall maintain the minutes of the selection process and all other meetings
of the Selection Committee.
(7)
The Chairperson and non-official members of the Selection Committee shall be paid such sitting
fees and travel allowances as may be fixed by the UT Administration from time to time.
(8)
All communications relating to the working and discharge of the functions of the Selection
Committee shall be addressed to the Office of the Member Secretary, who shall place the same before
the Selection Committee.
(9)
All records relating to selection shall be placed on the website of the UT Administration
Department concerned.
95.
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 UT
Administration through the Member Secretary of the Selection Committee shall call for applications
through public advertisement in the local and national newspapers and official website of the Department
implementing the Act.
(3)
The Member Secretary shall screen all the applications received and place the applications which
fulfil the basic eligibility requirements before the Selection Committee.
(4)
The Selection Committee shall evaluate the candidates on the basis of qualifications, experience
of working with children and personal interaction with the candidate.
(5)
A member selected by the Selection Committee should not:
(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 rules;
(ii)
be associated with any Child Care Institution, directly or indirectly, during his 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 his tenure; or
(iv)
be insolvent.
(6)
Where the Selection Committee is required to consider an application for renewal of tenure of
Members of the Board, 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, a copy of which 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
(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 UT Administration 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 one year.
(10)
The list of finalised names shall be duly signed by all members of the Selection Committee
present at the time of selection and the Member Secretary of the Selection Committee shall forward the
finalised list to the UT Administration for appointment. The UT Administration shall constitute one or
more Boards or Committees, as the case may be, in each district through notification in Official Gazette
within a period of two months of receipt of recommendations of Selection Committee.
(11)
Names on the panel shall be valid for consideration for a period of one year which may be
extended by six months where a new panel has not yet been constituted, in order to fill in vacancies which
may arise during such period either due to non- reporting of the selected persons within a stipulated time
from the date of appointment, or otherwise during the tenure of the Board or Committee.
(12)
If a vacancy in the Board or Committee arises, the District Child Protection Unit shall inform the
UT Administration for filling up such vacancy.
(13)
The UT Administration 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.
96.
Training of Personnel Dealing with Children. ⸺ (1) The UT Administration shall provide
for training of personnel appointed under the Act and the rules and each category of staff, keeping in
view with their statutory responsibilities and specific jobs requirements.
(2)
The training programme shall include:
(i)
introduction of the Act and the rules made thereunder;
(ii)
orientation on child welfare, 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:-
S. 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 UT Child Protection Societies and UT
Adoption Resource Agency
6.
Staff of UT 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 UT Child Protection Society
9.
Persons-in-charge of Child Care Institutions (including Open Shelters)
(4)
The UT Administration or the District Administration shall also provide training to other
personnel such as social workers, Child Welfare Officers, Case Workers, rehabilitation cum placement
Officers, care givers, house fathers and house mothers of Child Care Institutions, security personnel and
other staff of Child Care Institutions, Frontline Workers, bridge course educators, outreach workers and
community volunteers, Social Workers of Specialised Adoption Agencies, Directors or Incharge of
Specialised Adoption Agencies, chief functionaries of organisations granted registration for running
Child Care Institutions under the Act, mental health practitioners, psychologists, psychiatrists, psychiatric
social workers, legal services lawyers, members of Committees or societies constituted under the Act and
the rules thereunder.
(5)
The UT Administrations, while organising training programmes for the stakeholders at UT or
District level, shall ensure that training modules and training manuals to be developed by UT 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 UTs may develop training module and training manual for the training
of Principal Magistrates including on child psychology, use of child friendly procedures and ensuring
child friendly environment, care, protection and rehabilitation of children and organise such training
programmes at the UT level.
(7)
The Police Academy in UTs may develop training module and training manual in consultation
with National Police Academy for the training of police and Child Welfare Police Officers including on
child psychology, use of child friendly procedures and ensuring child friendly environment, care,
protection and rehabilitation of children and organise such training programmes at the UT level.
(8)
The UT Legal Services Authority shall organise training programme for legal service lawyers
and para legal volunteers.
(9)
The UT Child Protection Society in consultation with institutions with requisite expertise shall
organise training programme for Probation Officers.
(10)
The Central Adoption Resource Authority, may develop appropriate training modules and
manuals for Specialised Adoption Agencies and staff of UT Adoption Resource Agency and organise
training programmes.
97.
Pending Cases. ⸺ (1) No child shall be denied the benefits of the Act and the rules made
thereunder.
(2)
The benefits referred to in sub-rule (1) shall be made available to all persons who were children
at the time of the commission of the offence, even if they ceased to be children during the pendency of
the inquiry or trial.
(3)
While computing the period of detention or stay or sentence of a child in conflict with law, all
such period which the child had already spent in custody, detention, stay or sentence of imprisonment
shall be counted as a part of the period of stay or detention or sentence of imprisonment contained in the
final order of the court or the Board.
98.
Monitoring by UT Commissions for Protection of Child Rights. ⸺ (1)
In
addition to the functions specified under the Commissions for Protection of Child Rights Act, 2005 (4 of
2006), the UT Commissions may perform following functions in consultation with the Central
Government and UT Administration, namely:
a.
review setting up of institutions created under the Act;
b.
inspect the Child Care Institutions including the Specialised Adoption Agencies and maintain a
record of inspections conducted by the authorities;
c.
develop Information, Education and Communication (IEC) material on child rights and gender
sensitivity;
d.
develop protocols for reformation and rehabilitation of children;
e.
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;
f.
conduct sensitization workshops for Panchayati Raj institutions and municipal corporations on
crimes against children including identification and reporting of crimes for enhanced protection;
g.
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
victim and her/his family;
h.
develop training module for stake holders along with the UT Child Protection Societies and
National Institute of Public Cooperation and Child Development etc.
99.
Inquiry in case of a Missing Child. ⸺ (1)
A missing child is a child, whose whereabouts
are not known to the parents, legal guardian or any other person or institution legally entrusted with the
custody of the child, whatever may be the circumstances or causes of disappearance, and shall be
considered missing and in need of care and protection until located or his safety and well-being
established.
(2)
When a complaint is received about a child who is missing, the police shall register a First
Information Report forthwith.
(3)
The police shall inform the Child Welfare Police Officer and forward the FIR to the Special
Juvenile Police Unit for immediate action for tracing the child.
(4)
The police shall:
(i)
collect a recent photograph of the missing child and make copies for District Missing Persons
Unit, Missing Persons Squad, National Crime Records Bureau/ Media etc.;
(ii)
fill the form 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, UT Crime
Records Bureau, Central Bureau of Investigation, and other related institutions;
(iv)
send the copy of the First Information Report by post/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 be sent 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/electronic media (c) local
cable television network and social media and thereafter submit for ratification by the Board or
the Committee or the Children’s Court, as the case may be.
(vii) give wide publicity in the surrounding area through the use of loud speakers 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 offices and other prominent places;
(ix)
search areas and spots of interest such as movie theatres, shopping malls, parks, amusement
parks, games parlors 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, and other local
outreach workers, railway police, and other places;
(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
maybe, 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 UT Administration may issue appropriate Standard Operating
Procedures for the manner of inquiry in cases of missing children to give effect to these rules.
100.
Non-Compliance of the Act and the Rules: ⸺ Any officer/institution, statutory body etc., who
fails to comply with the provisions of the Act and the Rules framed thereunder, the UT Administration
may take action against such officer/ institution, statutory body etc. after due inquiry and simultaneously
make alternative arrangements for discharge of functions for effective implementation of the Act.
101.
Repeal. ⸺ The Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Rules,
2014 notified vide SRO 76 dated 24th, March, 2014 under The Juvenile Justice (Care and Protection of
Children) Act 2013 issued by erstwhile State of Jammu and Kashmir stand already repealed by virtue of
Jammu and Kashmir reorganization Act, 2019;
Any action taken or order issued under the provisions of the Rules of 2014 prior to the notification
of these rules shall, in so far it is not inconsistent with the provisions of these rules, be deemed to have
been taken or issued under the provisions of these rules.
BY ORDER AND IN THE NAME OF THE LIEUTENANT GOVERNOR OF LADAKH.
Sd/-
(Padma Angmo) IIS/
Commissioner/ Secretary,
Social & Tribal Welfare Dept, UT of Ladakh
To,
1. District Collector & Magistrate, Leh/Kargil.
2. District Superintendent of Police, Leh/Kargil
3. Director, Social & Tribal Welfare, UT of Ladakh
4. Director, School Education, UT of Ladakh
5. Director, Health & Medical Education, UT of Ladakh
6. Chief Engineer, Public Works Department, UT of Ladakh
7. Chief Medical Officer, Leh/Kargil
8. District Social Welfare Officer, Leh/Kargil
Copy to:
1. All Administrative Secretaries
2. ADGP, Ladakh Police
3. Commissioner/Secretary, Law Department,
4. All HoDs, UT of Ladakh
5. OSD to Hon’ble Lt Governor, UT Ladakh
6. OSD to Advisor to Hon’ble Lt Governor, UT Ladakh
7. PS to Secretary, Ministry of Women and Child Development, GoI
PADMA
ANGMO
Digitally signed
by PADMA
ANGMO
Date: 2024.06.11
17:24:27 +05'30'
8. PS to Joint Secretary, JKL, Ministry of Home Affairs, GoI
FORM 1
[Rules 8 (1), 8 (5)]
SOCIAL BACKGROUND REPORT
FIR/DD No
………………………………………
U/Sections
……………………………………….
Police Station
……………………………………….
Date & Time
………………………………………
Name of I.O.
……………………………………….
Name of CWPO
………………………………………..
1.
Name …………………………………………………………………………………
2.
Father/Mother/Guardian’s name…………………………………………………..
3.
Age/ Date of birth …………………………………………………………………..
4.
Address………………………………………………………………………………..
5.
Religion
(i)
Hindu (OC/ BC/ SC/ ST)
(ii)
Muslim/ Christian/ Other (pl. specify)
6.
Whether the child is differently abled:
(i)
Hearing Impairment
(ii)
Speech Impairment
(iii)
Physically disabled
(iv)
Mentally disabled
(v)
Others (please specify)
7.
Family Details:
S. No.
(1)
Name
and
Relationship
(2)
Age
(3)
Sex
(4)
Education
(5)
Occupation
(6)
Income
(7)
Health
status
(8)
History
of
Mental
Illness
(if any)
(9)
Addictions
(if any)
(10)
8.
Reasons for leaving home ………………………………………………………………
9.
Whether there is a history of involvement of family members in offences, if any. YES/NO
10.
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 (specify)
i
Reading books
d
Gambling
j
Religious activities
e
Begging
k
Drawing/painting/acting/singing
f
Any other
l
Any other
11.
Employment Details, if any…………………………………………………………
12.
Details of income utilization:
(i) Sent to family to meet family need – YES/NO
(ii) Used by self for:
a)
For dress materials
Yes/No
b) For gambling
Yes/No
c)
For alcohol
Yes/No
d) For drug
Yes/No
e) For smoking
Yes/No
f)
Savings
Yes/No
13.
The details of education of the child:
(i)
Illiterate
(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
14.
The reason for leaving School
(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)
No age-appropriate school nearby
(xi)
Abuse in school
(xii) Humiliation in school
(xiii) Corporal punishment
(xiv) Medium of instruction
(xv) Others (pl. specify)
15.
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 (National Child Labour Project Scheme)
16.
Vocational training, if any …………………………………………………………
17.
Majority of the friends are
(i)
Educated
(ii)
Illiterate
(iii)
Same age group
(iv)
Older in age
(v)
Younger in age
(vi)
Same sex
(vii) Opposite sex
(viii) Addicts
(ix)
With criminal background
18.
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)
19.
Whether the child is a victim of any offence: YES/NO
20.
Whether the child is used by any gangs or adults or group of adults or has been used for drug
peddling: YES/NO
21.
Reason for alleged offence such as parental neglect or over protection, peer group influence etc.
………………………………………………………………………………………………………………
………………………………………………………………………………………………………………
………………………………………………………………………………………………………………
………………………………………………………………………………………………………………
22.
Circumstances in which the child was apprehended
………………………………………………………………………………………………………………
……………………………………………………………………………………………………………….
………………………………………………………………………………………………………………
……………………………………………………………………………………………………………….
23.
Details of articles recovered from the child:
………………………………………………………………………………………………………………
……………………………………………………………………………………………………………….
………………………………………………………………………………………………………………
………………………………………………………………………………………………………………
24.
Alleged role of the child in the offence
………………………………………………………………………………………………………………
………………………………………………………………………………………………………………
………………………………………………………………………………………………………………
………………………………………………………………………………………………………………
………………………………………………………………………………………………………………
25.
Suggestions of Child Welfare Police Officer
……………………………………………………………………………………………….………………
………………………………………………………………………………………………………………
………………………………………………………………………………………………………………
….……………………………………………………………………………..……………………………
Signed by
Child Welfare Police Officer
FORM 2
[Rule 8 (7)]
UNDERTAKING BY THE PARENT OR GUARDIAN OR FIT PERSON
GIVEN INTERIM CUSTODY PENDING INQUIRY
Whereas
I,
……………………………..……………………
(Name)
resident
of
House
no.………………………….….Street…………………………Village/Town…………………
District………………..State……………………………. do hereby declare that I am willing to take charge
of (name of the child)……………………..………….. aged……………. under the orders of the
Board………………………………………… subject to the following terms and conditions:
1.
That I have annexed true, correct and authentic identification and address proof of myself.
2.
That I undertake to produce him/her before the Board as and when required.
3.
That I shall do my best for the welfare and education of the child as long as he/ she remains in my
charge and shall make proper provision for his/her maintenance.
4.
That in the event of his/her illness, he/she shall have proper medical attention 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/ neglector
exploitation
6.
That if his/her 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)
Juvenile Justice Board
FORM 3
[Rule 10 (1)(iii)]
SUPERVISION ORDER
When the child is placed under the care of a fit person/fit institution/Probation Officer pending
inquiry FIR/DD No. ……………………………………..…… of…………
20………PS…………....................................
Whereas ……………………………………………. (name of the child) is alleged to have
committed an 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 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 quit the district jurisdiction of ……………………………
without the permission of the Board.
3.
That the child shall not be allowed to associate with such person who shall negatively influence
the child.
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 preventive measures will be taken by the person under whose care the child is placed 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
[Rule 10 (1)(iv)]
ORDER OF PLACING A CHILD IN CHILD CARE INSTITUTION PENDING INQUIRY
To
The Officer in charge
Whereas on the…………day of…………..20…….,……………………………….
…….……….(Name of the child), son/ daughter of ……………………………………….
aged…………..….., residing at ....................... ................................ alleged
to be involved in
FIR/DD No. ………………… PS……………………………is ordered by the Juvenile Justice Board to
be kept in the Child Care Institution (Observation Home/ Place of Safety) namely
……………………….… for a period of ……………………..
This is to authorize and require you to receive the said child into your charge, and to keep him in
the Child Care Institution (Observation Home/ Place of Safety) .......................................
…………………....................... and to produce the child as and when directed by the Board, 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
This ………………….. day of …………………………….. 20……………
(Signature)
Principal Magistrate/Member
Juvenile Justice Board
FORM 5
[Rule 10 (2)]
ORDER FOR SOCIAL INVESTIGATION REPORT
FIR No………………………………
U/Sections…………………………..
Police Station…………………………………….
To,
Probation Officer/Person in-charge of Voluntary or Non-Governmental Organization.
Whereas ………………………………(Name of the Child), son/daughter
of………………………………. age ................residing at ………………………………………
…………………………………………..
has been produced before the Board.
You are hereby directed to enquire into the social antecedents, family background and circumstances
of the alleged 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
[Rules 10 (9), 12 (2), 68(1), 68(3)(i)]
SOCIAL INVESTIGATION REPORT
FOR CHILDREN IN CONFLICT WITH LAW
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…………………………………
4.
Caste………………………………
5.
Religion………………………….
6.
Father’s Name……………………………………………………………………..
7.
Mother’s Name ……………………………………………………………………
8.
Guardian’s Name…………………………………………………………………
9.
Permanent Address………………………………………………………………
10.
Landmark of the address………………………………………………………..
11.
Address of last residence………………………………………………………..
12.
Contact no. of father/mother/family member…………………………………….
13.
Whether the child is differently abled: YES/NO
(i) Hearing Impairment
(ii) Speech Impairment
(iii) Physically disabled
(iv) Mentally disabled
(v) Others (please specify)
14. Family Details:
S. No
(1)
Name and
Relationship
(2)
Age
(3)
Sex
(4)
Education
(5)
Occupation
(6)
Income
(7)
Health
status
(8)
History
of
Mental
Illness (if
any)
(9)
Addictions
(if any)
(10)
15. If the child or person is married, name, age and details of spouse and children:
................................................................................................................................................................
................................................................................................................................................................
16. 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 & grandparents (paternal/maternal)
Cordial/ Non cordial/ Not known
17. History of involvement of family members in offences, 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
6.
Sister
7.
Others(uncle/ aunty/
grandparents)
18. Attitude towards religion of child and family………………………………………….
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 (specify)
i
Reading books
d
Gambling
j
Religious activities
e
Begging
k
Drawing/painting/acting/singing
f
Any other
l
Any other
ii)
Extra-curricular interests……………………………………………………………..
iii)
Outstanding characteristics and personality traits…………………………………
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:
i)
Illiterate
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
27.
Attitude of class mates towards the child…………..……………………………………
28.
Attitude of teachers and classmates towards the child………………………………
29.
The reason for leaving School (tick as applicable)
i)
Failure in the class last studied - Yes/No
ii)
Lack of interest in the school activities- Yes/No
iii) Indifferent attitude of the teachers- Yes/No
iv) Peer group influence - Yes/No
v)
To earn and support the family- Yes/No
vi) Sudden demise of parents - Yes/No
vii) Bullying in school - Yes/No
viii) Rigid school atmosphere - Yes/No
ix) Absenteeism followed by running away from school - Yes/No
x)
There is no age-appropriate school nearby - Yes/No
xi) Abuse in school - Yes/No
xii) Humiliation in school - Yes/No
xiii) Corporal punishment - Yes/No
xiv) Medium of instruction - Yes/No
xv) Others (pl. specify)
30.
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
31.
Vocational training, if any…………………………………………………………….
32.
Majority of the friends are
i)
Educated
ii)
Illiterate
iii)
The same age group
iv)
Older in age
v)
Younger in age
vi)
Same sex
vii)
Opposite sex
viii) Addicts
ix)
With criminal background
33.
Attitude of the child towards friends…………………………………………………
34.
Attitude of friends towards the child…………………………………………………
35.
Observations of neighbours towards the child……………………………………..
36.
Observations about neighborhood (to assess the influence
of neighborhood on the
child)……………………………………………………………………………
37.
Whether the child has been subjected to any form of abuse, if applicable: 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)
38.
Whether the child is a victim of any offence - Yes/No
39.
Whether the child is used by any gangs or adults or group of adults or has been used for drug
peddling - Yes/No
40.
Does the child have tendency to run away from home, give details if any - Yes/No
41.
Circumstances of apprehension of the child………………………………………….
42.
Alleged role of the child in the offence……………………………………………….
43.
Reason for alleged offence:
(i)
Parental neglect
(ii)
Parental overprotection
(iii)
Parents criminal behaviour
(iv)
Parents influence (negative)
(v)
Peer group influence
(vi)
Bad habits (to buy drugs/alcohol)
(vii) Others (pl. specify)
44.
Whether the child has been apprehended earlier for any offence, if yes give details including stay
in a child care institution: - Yes/No
………………………………………………………………………………………………………
………………………………………………………………………………………………………
…………………………………………………………………………………………………….…
……………………………………………………………………………………..
45.
Previous institutional/case history and individual care plan, if any:
46.
Physical appearance of the child:
47.
Health condition of the child (including medical examination report, if applicable)
48.
Mental condition of the child:
49.
Any other remark:
RESULT OF INQUIRY
1.
Emotional factors …………………………………………………………………
2.
Physical condition ………………………………………………………………..
3.
Intelligence ………………………………………………………………………
4.
Social and economic factors……………………………………………………
5.
Suggestive causes of the problems……………………………………………
6.
Analysis of the case, including reasons/contributing factors for the offence
7.
Opinion of experts consulted……………………………………………………
8.
Recommendation regarding rehabilitation by Probation Officer/Child Welfare
Officer……………………………………………………………………………….
Signature of the Probation Officer/ Child Welfare Officer/ Social Worker
Stamp and Seal where available
FORM 7
[Rules 12(3), 14(7)(vi), 14(8)(ii), 20(4), 20(20), 66(6)(vii), 66(6)(x), 73 I (4)]
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 (Fill as applicable)
Short term (up to six months)
Medium Term (six months to one year)
Long term (more than 1 year)
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………………………………….........………
i) Language spoken………………….........………..
2.
Level of Education…………………………………..
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, if any………………………
6.
Details of child’s parents’ property, if any-
7.
Details of child’s parents bank accounts, if any-
8.
Details of child’s insurance policy, if any-
9.
Details of child’s parents’ insurance policy, if any-
10.
Details of child’s parents job compensation, pension if any-
11.
Details of child’s fixed deposits, savings, financial policy, mutual funds if any-
12.
Details of parent’s loans, Mortgages, other financial liabilities, if any-
13.
Details of property to be inherited, if any-
14.
Whether succession certificate issued or not? Yes/No
15.
Details of succession certificate-
16.
Whether legal heir certificate issued or not?- Yes/No
17.
Details of legal heir certificate-
18.
Whether the child is orphan/abandoned/surrendered?
19.
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)
20.
Whether the child has any siblings? Yes/No
21.
Whether the child and his/her sibling are being placed together? Yes/No
22.
Whether the child and his/her siblings are being surrendered by the single parent/ Guardian?
Yes/No/Not Applicable
23.
Case/Profile No. of the sibling/siblings-
24.
In case the child is with disability or special needs or is terminally ill
(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 who is suffering from disabilities have been provided with disability
certificate. Yes/No.
If Yes, please state the disability certificate no…………………….………...............
(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………………………………………….
25.
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. If yes, pl
specify………………………………………………….
(iii)
Whether the child was involved in drug- peddling: Yes/No
(iv)
Whether the child is a victim of child labour. Yes/No. If yes, pl
specify………………………………………………….
(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. Please
Specify………………………………………….
(vi)
Whether such child who have 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, pl
specify………………………………………………….
26.
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……………………………………
FOR CHILDREN PLACED IN INSTITUTIONAL CARE
27.
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………….
2. Period of the report……………………………………...……………………….
3. Admission No……………………………………………...…………………….
4. Board or Committee details.......…………………………………………………
5. Profile No…………………………….………………......………………………
6. Name of the Child……………………..……………..…………………………..
7. Place of interview
…………………………..……………....……..Dates………......…....……………….
8. General conduct and progress of the child during the period of the report
………………………………………………………………………………………………..…….………
……………………………………………………………………………………………
………………….............……………………………………………………………………………………
………………….………………………………………………………………………
9.
Progress made with regard to proposed interventions as mentioned in point 19 of Part A of this
form.
S.No
Category
Proposed Interventions
Progress of the Child
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 proceeding held before the committee or Board or Children’s Court, details:-
11.
Variation of conditions of bond:........................................
12.
Change of residence of the child:.....................................
13.
Other matters, if any:............................................................
14.
Period of supervision completed. Details:…………………………………
15.
Result of supervision with remarks (if any):………………………………….
16.
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:…………………
Signature of the Probation Officer…………………..
28. 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 Part B)
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-Governmental 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:…………………………………………………………
29.
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 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/another agency Yes/No ……….
9.
Report of second and third follow-up interaction with the child after two 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
Adhaar Card
Received compensation from
Government
[Instruction: Please verify with the Physical document]
30. Adoption
(i)
Whether the child has been declared legally free for adoption?
Yes/No/Not Applicable
(If not applicable, then subsequent questions do not apply)
(ii)
Whether the child has been placed in a Specialised Adoption Agency or Child Care Institution?
Specialised Adoption Agency/Child Care Institution
(iii)
Social Investigation Report by Child Welfare Officer/Case worker/social worker, as the case
may be submitted?
Yes/No/Not Applicable
(iv)
Deed of surrender executed by the parents/guardian before the Committee?
Yes/No/Not Applicable
(v)
Declaration submitted by District Child Protection Unit and Child Care Institution or Specialised
Adoption Agency that all restoration efforts have been made for the child-
Yes/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 legal guardians-
Yes/No
(vii)
All timelines under Section 38 of the Act have been adhered to before declaring the child legally
free for adoption-
Yes/No
FOR CHILDREN PLACED IN NON-INSTITUTIONAL CARE (EXCEPT ADOPTION)
1.
Guardian’s name (if applicable)
2.
Parents/Guardian’s
Nationality…………………........…….
3.
Parents/Guardian’s
Religion……………………....……….
4.
Child’s nationality-
5.
Details of Adhaar card/voter Identity Card/pan 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.
Where is the child being placed? –
(a) guardian
(b)foster care (c) sponsorship (d) single parent
12.
Whether the child is being surrendered by the single parent/Guardian? Yes / No/Not Applicable
13.
If yes, then whether the surrender deed has been made? Yes / 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 / Not Applicable
(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 he was studying in? Yes / No
(viii) The Child Welfare Committee has recommended for transfer of school for the child? Yes /
No
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……………………………..……………………………………………….
(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………………………………………….
15.
Sponsorship
(i)
The child has been recommended for sponsorship by the Child Welfare Committee?
Yes / 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: Yes / No
(iii)
Nature of sponsorship: Government/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- Yes / No
(vi)
Recommended duration of sponsorship:.....................................
(vii) Any other information:........................................
16.
Restoration of the child:
(i)
Whether the child is being restored to:
Single Parent / Biological 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? Yes / 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/UT where the child was found?
Yes / No
(x)
Whether the child needs to be transferred to another State/UT for restoration? Yes / No
If yes:
(a) Name of the State/UT where the child is restored to-
(b) An escort is required for transfer of the child to another State/UT? Yes / 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/UT 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/UT? 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
Adhaar Card
Received compensation from
Government
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)
Whether information about repatriation of the child has been informed to the:-
District Magistrate.
UT Admiitration
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 UT
Commission for Protection of Child Rights, as the case may be? Yes / No
(vi)
Any other recommendation……………………………….
Signature of the Probation Officer
/ Child Welfare Officer/District Child Protection Unit
Stamp and Seal where available.
FORM 8
[Rule 12(6)]
UNDERTAKING/ BOND TO BE EXECUTED BY A PARENT/ GUARDIAN/FIT PERSON IN
WHOSE CARE A CHILD IN CONFLICT WITH LAW IS PLACED
Whereas I, .............................................................. being the parent, guardian, relative or fit person under
whose care…………………………………..…..(name of the child) has been ordered to be placed by the
Juvenile Justice Board having been directed by the said Board to execute an undertaking/ bond with surety
in the sum of Rs………………………../- (Rupees…………………………………………… ……..)
without surety, I hereby bind myself to be responsible for the good behavior and well-being of the
said........................................and to observe the following conditions for a period of …………………
years with effect from …………………………...
1.
That I shall not change my place of residence without giving previous intimation in writing to the
Juvenile Justice Board through the Probation Officer;
2.
That I shall not remove the said child from the limits of the jurisdiction of the Juvenile Justice
Board without previously obtaining the written permission of the Board;
3.
That I shall send the said child daily to school/to such vocation as is approved by the Board
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 he/she does not follow the
orders of Board or his/her behavior 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 him 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 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 ....................................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
[Rules 12(7)]
PERSONAL BOND BY CHILD
Whereas I, ………………………………….………… inhabitant of…………………………………
……………………… …………………………….(give full particulars such as house number, road,
village/town, tehsil, district, state) have been ordered to be sent back/restored by the Juvenile Justice
Board …………………………………..under section ……………………………….. of the Juvenile
Justice (Care and Protection of Children) Act, 2015 on my entering into a personal bond to observe the
conditions mentioned herein below. Now, therefore, I do solemnly promise to abide by these conditions
during the period………………………….……...
I hereby bind myself as follows:
1.
That during the period………………..…….. I shall not ordinarily leave the village/town/district
to which I am sent and shall not ordinarily return to ……………………………… or go anywhere else
beyond the said district without the prior permission of the Board;
2.
That during the said period I shall attend school/ vocational training 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
[Rules 12(9) and 68 (3) (xiii)]
PERIODIC REPORT BY PROBATION OFFICER
WHEN A CHILD IS RELEASED ON PROBATION
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:-
Education: -
Vocational Training, if any
Language(s) known:-
Next court date:-
Employment, if any
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:………………………………………………….
2.
Observations:
(i) Child’s behaviors……………………………………………………………………..
(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) Vocational training, if any being undertaken by the child……………………….
(x) Engagement of child in any anti-social activities or harmful activities (Examples could be
exhibiting bullying behaviour, violent outbursts, destructions, self- harm, lying, defiance,
impulsiveness, lack of empathy, sexually deviant actions
etc.)…………………………………………………………………………………………….
………
(xi) Time elapsed since last engagement in any anti-social behavior 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 behavior 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 privately with the child: Yes / No
If no, give reasons………………………………………………………………………..…..
6.
Progress made as per Rehabilitation and Restoration Plan under the Individual Care Plan (refer
point 14 of form 7)
…………………………………………………………………………………………..…
………………………………………………………………………………………………….
7.
Recommendations for modifications in Rehabilitation and Restoration Plan under the Individual
Care Plan , if any:
Prepared by: ……………………………………..…(Probation Officer)
Date……..…../………..…./.……….
Plan: Date of next visit: ………………
Action point if any: ………………………………
Signature
(Probation Officer)
FORM 11
[Rule 13(1)]
CASE MONITORING SHEET
(Separate Sheet may be used in case there are more than one child)
Juvenile Justice Board, District………………………..……………
Case No. .............................of.............................
Case Name:
Police Station ................................................
U/S..................................................................
Date.........................................................
FIR/ GD/ DD No. .......................................
Name of Probation Officer
............................................................
Name of Lawyer .............................................
(If not represented provide Legal Aid Lawyer)
Name of IO ..............................................
Name of Child Welfare Police Officer......
PARTICULARS OF CHILD
Name
Parents/Guardian with
Contact No.
Present address
Permanent
address
DΑΤΕ ΑΝD ΤΙΜΕ CHILD ΑΡΡRΕΗΕΝDED
DATE AND TIME OF FIRST PRODUCTION
DATE OF MEDICAL EXAMINATION UNDER SECTION 54 Cr.P.C.
NATURE OF OFFENCE
PETTY
(maximum punishment upto three years)
SERIOUS
(maximum punishment between three to seven years)
HEINOUS
(minimum punishment for seven years or more)
ΑGΕ DΕΤΕRΜΙΝΑΤΙΟΝ
Age on the Date 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/ Place of Safety
Date of grant of bail
Sent under supervision
(Name of Institution)
From....................То.........................
PROGRESS OF INQUIRY
(Time schedule for disposal of the case to be fixed on the first day of hearing)
Steps to be taken
Scheduled Date
Actual Date
Day 1: Social Background Report by Police
(in Form No. 1)
Day 1: Consideration of Bail
Day 2: Age determination
Day 2: SIR (Form No.6) by Probation Officer
Day 2: Section 173 CrPC Final Report by Police on
completion of Investigation
Day 3: Submission of Report
on Provisions of further
investigation, if any
Day 3: Section 251 CrPC Notice
Day
4-6:
Prosecution
Evidence
(From……… to…….)
Depending on the number of witnesses, continuous dates may
be fixed)
Day 7: Statement of child under Section 281 CrPC
Day 8: Defence Evidence
Day 8: Individual Care Plan (In case of child in institutional
care Individual Care Plan should be prepared within one
month of admittance
Day 9: Final Arguments
Day 10: Dispositional (Final) Order
Day 11: Post Dispositional Review
signed by
Juvenile Justice Board
FORM 12
[Rule 13(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
4.
Member 3
VISIT TO HOMES BY PRINCIPAL MAGISTRATE
Date of visit:
Name and Address of Home :
Remark:
VISIT TO JAILS BY PRINCIPAL MAGISTRATE
Date of Visit:
Whether any children found:
Action taken:
CASES INSTITUTED DURING THE QUARTER:
PETTY
SERIOUS
HEINOUS
ΤΟΤΑL
Number cases
Number of Children
Children granted bail
Children
sent
to
Observation Home
Number of cases where preliminary
reports were submitted in stipulated
time
ΡΕΝDΕΝCΥ ΟF CΑSΕS
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
other
JJB
Abated
on
Death
Repatriate
d to
Foreign
Country
Transferre
d to
Children’s
Court
Declared
Compounded &
file consigned
Terminated
under rule
…….(post-
production
process)
Acquitted/
Finding of
commission
in offence
Nature of Dispositional Orders where child has committed Offence (mention the No. of orders)
COMPLAINT/SUGGESTION, IF ANY, RECEIVED AND ACTION TAKEN
……………………………………………………………………………………………………
……………………………………………………………………………………………………
……………………………………………………………………………………………………
……………………………………………………………………………………………………………
……………………………………………………..…………………………………....
……………………………………………………………………………………………………………
…………………………………………………………………………………………....
……………………………………………………………………………………………………………
……………………………………………………..…………………………………....
……………………………………………………………………………………………………………
……………………………………………………..…………………………………....
REMARK/SUGGESTION BY BOARD
a. Principal Magistrate
……………………………………………………………………………………………
b. Member 1……………………………………………………………………………………………
c. Member 2……………………………………………………………………………………………
Principal Magistrate
Member –1
Member -2
FORM 13
[Rules 14(8)(iv)]
PERIODIC REVIEW 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…………………………………………………………………
Father’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)……………………………………………………………………………………
I.
Mental Status Evaluation
a. Appearance (Observed) …………………………………………………………….
Possible descriptors: • posture, clothes, grooming.
b. Behavior (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?”
V.
Speech and Language (Observed)
A. Quantity……………………………Possible descriptors: • Talkative, spontaneous, quiet
B. Rate ……………………………………Possible descriptors: • Fast, slow, normal, pressured.
C. Volume (Tone)………………………..
VI.
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?”
VII.
Affect (Observed): An observed expression of inner feeling.
VIII.
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.
IX.
Thought Content (Inquired/Observed)
X.
Suicidality and Homicidally – Assessment
XI.
Insight (Inquired/Observed) –
XII.
Attention (Inquired/Observed) –
XIII.
Feelings of guilt/ remorse: present/ absent
6.
Status of Current Educational/ Vocational Rehabilitation Programme
Motivation for the programme…………………………………………………….
Level of cooperativeness…………………………………………………………..
Regularity…………………………………………………………………………….
Quality of work/performance………………………………………………………
7.
Impact of institutionalization on the person……………………………………….
8.
Approach to evaluation/ periodic follow ups………………………………………
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)
DATE
:
/
/
PLACE
:
NAME
:
DESIGNATION
:
SIGNATURE
:
Recommendations/Findings: ………………
Signature / Seal
Prepared by: ……………………………………..…
(Probation Officer …../.…./.… (date)
FORM 14
[Rules 7 (1) (ii), 14(8)(vi)( C ) (cd), 18(ix), 20(23), 69(3)(viii), 73E(2), 73 I (5), 73J(1), 73J(3)]
REHABILITATION CARD
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
:
……………………………………………
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 :
Second Month
Plan:
Outcome :
Third Month
Plan :
Outcome :
Fourth Month
Plan:
Outcome :
Health and Nutrition
First Month
Plan:
Outcome :
Second Month
Plan:
Outcome :
Third Month
Plan:
Outcome :
Fourth Month
Plan:
Outcome :
Emotional and psychological support needed
First Month
Plan:
Outcome :
Second Month
Plan:
Outcome :
Third Month
Plan:
Outcome :
Fourth Month
Plan:
Outcome :
Education and Training
First Month
Plan:
Outcome :
Second Month
Plan:
Outcome :
Third Month
Plan:
Outcome :
Fourth Month
Plan:
Outcome :
Leisure, creativity and play
First Month
Plan:
Outcome :
Second Month
Plan:
Outcome :
Third Month
Plan:
Outcome :
Fourth Month
Plan:
Outcome :
Attachments and Inter-personal Relationships
First Month
Plan:
Outcome :
Second Month
Plan:
Outcome :
Third Month
Plan:
Outcome :
Fourth Month
Plan:
Outcome :
Self Care and Life Skill Training for Protection from all kinds of abuse, neglect and maltreatment
First Month
Plan:
Outcome :
Second Month
Plan:
Outcome :
Third Month
Plan:
Outcome :
Fourth Month
Plan:
Outcome :
Independent living skills
First Month
Plan:
Outcome :
Second Month
Plan:
Outcome :
Third Month
Plan:
Outcome :
Fourth Month
Plan:
Outcome :
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 :
Second Month
Plan:
Outcome :
Third Month
Plan:
Outcome :
Fourth Month
Plan:
Outcome :
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 his actions and its consequences
3.
Child’s willingness to reform
4.
Child’s behavior and conduct
5.
Offence committed by the child , if any reported by family or neighborhood, in case of a child in
conflict with law who is not placed in a Child Care Institution
Signed by
JJB/ CWC
FORM 15
[Rule 18 (i)]
CASE SUMMARY MAINTAINED BY THE CHILD WELFARE COMMITTEE
Case No…………………………...
In Re…………………………………..
Case Record……………………..
1.
Name of the child……………………………………………………..
2.
Father’s/Mother’s/Guardian’s name (if available)………………….
3.
Date of production of the child………………………………………
4.
Name of person producing the child………………………………
5.
A list of all follow up dates (of the child, before the Committee)………………...
6.
Orders passed by the CWC (tick as applicable)
(i)
Declaration that child is in need of care and protection.
(ii)
Finding on age of child
(iii)
Medical Examination
(iv)
Interim custody
(v)
Undertaking (by parent, guardian or fit person, if applicable)
(vi)
Order appointing Case Worker & NGO etc.
(vii) Order for compensation/recovery of wages (if applicable)
(viii) Transfer order
(ix)
Final Order (concluding inquiry)
(x)
Any other order.
7.
Medical Records including but not limited to age verification………………….
8.
Social Investigation Report under Form 22………………………………………
9.
Individual Care Plan under Form 7……………………………………………..
10.
Rehabilitation Card in Form 14……………………………………………………
11.
Case History Form 43………………………………………………………………
12.
All details, documents and
records with
regards to
Sponsorship/Foster
Care/Adoption services (if applicable).
Date:
Place:
(Signatures)
Child Welfare Committee
FORM 16
[Rules 18(vi), 18(1)(vii), and 21(2)]
QUARTERLY REPORT BY CHILD WELFARE COMMITTEE
District
Quarterly Report for the period: From……………..……… to……………..………..
Details of Child Welfare Committee:
Sl.No.
Details
Date of Appointment
Training attended
1.
Chairperson
2.
Member 1
3.
Member 2
4.
Member 3
5.
Member 4
Details of Cases with Child Welfare Committee
Sl.No.
Number of cases at the
beginning of Quarter
Number of
cases received
during the
quarter
Number of
cases
disposed of
during the
quarter
Number of
cases pending
at the end of
quarter
Reasons
for
pendency
FINAL ORDER
Total number of final orders passed during the quarter
Released to
parent/
guardian
/fit person/fit
institution
Transfer to
other Child
Welfare
Committee
Ordered to
stay in Child
Care
Institution
Repatriated to
Foreign
Country
Declared
legally free
for adoption
Ordered
for foster
Care/
Sponsor-
ship/
Aftercare
Recommend
to JJB for
filing FIR
Initiate
process of
compen-
sation to
child, if
eligible
Details of the case regarding Restored children by Child Welfare Committee:
S.
No
No. of children Restored
No. of children
restored with
parents
No.
of
children
restored with fit
person
No. of children
restored and
recommended
for follow up
Same District
Different
District
Different
State
guardian relatives
Details of the cases of Death of Child in Child Care Institution:
S. No. Name of the deceased
child
Cause of death
Name of Child Care
Institution the child
was placed
Period of stay in Child
Care Institution
Details of the cases of Runaway children:
S. No.
Name of the runaway child
Name of Child Care
Institution, the child was
placed
FIR No.
Background of the
child
VISIT TO HOMES BY CHAIRPERSON/ MEMBERS
Date of visit:…………………………………..
Name and Address of Home visited:……………………………….
Remarks/Suggestions of the Committee…………………………
Signature of Chairperson
Seal
FORM 16 A
[Rule 45(2) and (3)]
MONTHLY REPORT BY CHILD WELFARE COMMITTEE
District
Monthly Report for the period: From………………………………to……………….………..
DETAILS OF THE CASE PERTAINING TO LEGALLY FREE FOR ADOPTION
Break-up of Pendency before Child Welfare Committee
Orphan
Abandoned
Surrendered
Total
Children for 0-2
Children
> 2 years
and <18
years
Children for
0-2
Children > 2
years and
<18years
Children 0-18 years
Pending for >2
months
Pending for
Pending for >2
months
Pending for >4
months
Pending for
> 2 months
M
F
M
F
M
F
M
F
M
F
Signature of Chairperson
Seal
FORM 17
[Rules 19(3), 20(28)]
REPORT TO BE SUBMITTED AT TIME OF
PRODUCTION OF CHILD BEFORE THE COMMITTEE
Case No……………………….
Produced before the Child Welfare Committee……………………………………….
Date of production……………………… Time of production……………………..
Place of production…………………………………….
1.
Details of person who is producing the child:
(i)
Name of the person ………………………….
(ii)
Age………………………..
(iii)
Sex…………………………
(iv)
Address …………………
(v)
Contact number…………………
(vi)
Occupation/ designation………………..
(vii)
Name of the organization/CCI/SAA ………………….
2.
The child who is being produced:
(i)
Name (if any)………………………..
(ii)
Age (stated age/ age based on appearance) ……………
(iii)
Sex …………
(iv)
Identity mark/s………………………………………
(v)
Language used by the child………………………..
3.
Details of parents / guardians (if available): (i)
Name …………………………………
(i) Age…………………………………..
(ii) Address……………………………….
(iii) Contact number……………………….
(iv) Occupation…………………………………
4.
Place where the child was found…………………………….
5.
The details of the person (if any) with who the child was found:
(i)
Name ………………………
(ii)
Age…………………………….
(iii)
Address……………………………….
(iv)
Contact number…………………………
(v)
Occupation……………………….
6.
Circumstances under which the child was found……………………….
7.
Allegation by the child of any offence/ abuse committed on the child in any
manner………………………
8.
Physical condition of the child…………………………………………..
9.
Belongings of the child at the time of production……………………………..
10.
Date and Time at which the child came to the CCI/SAA………………………….
11.
Immediate efforts made to trace family of the child ……………………………..
12.
Medical treatment, if provided to the child ……………………………..
13.
Whether police has been informed …………………………………………….
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 (fill as applicable)
FORM 18
[Rules 19 (6), 19 (10) and 20 (29) ]
ORDER OF PLACEMENT OF A CHILD IN AN INSTITUTION
(Children’s Home/Fit Facility/SAA)
Case No………………………………
To,
The Officer-in-Charge,
Whereas on the …………………..day of …………….20 …………. (name of the
child)………………………………………….. son/daughter of …………………..………………
………………………….……. aged ………. residing at……………………………………………..
being in care and protection under the Juvenile Justice (Care and Protection) Act 2015 is ordered by the
Child Welfare Committee ………………………….………………, to be kept in the Children’s
Home/SAA/Fit Facility………………….………..for a period of …………………
This is to authorize and require you to receive the said child in your charge, and to keep him/her in
the Children’s Home/ Fit Facility /SAA………………………………………………………….. 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/ relevant Web Portal.
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
[Rule 19(9)]
ORDER FOR PLACEMENT OF CHILD UNDER THE CARE OF A PARENT,
GUARDIAN OR FIT PERSON PENDING INQUIRY
Case No. …………………….…….of ……………….20………………………
In Re…………………
Whereas (name of the child) …………………………………………………………… has
on(date) been found to be in need of care and protection and is placed under the care and supervision of
(name) ……………………………………………… (address)…………………....................................
……………………….. on executing a bond by the said……………………..……………..…… and the
Committee is satisfied that it is expedient to deal with the said child by making an order placing him/her
under supervision.
Reason for the child being produced before the CWC
………………………………………………..……………………………………………………………
……………………………………………………………………………………………..
It is here by 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 bond
2.
the child shall reside at ……………………….. for a period of ………………….
3.
the child shall not be allowed to quit the district jurisdiction of …………………….......
……………without the permission of the Committee.
4.
the child shall
go to school/
vocational training centre regularly.
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.
the child shall not be allowed to associate with undesirable characters and shall be prevented from
coming in conflict with law.
7.
the child shall be prevented 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
Additional conditions, if any may be inserted by the Child Welfare Committee
FORM 20
[Rule 19(9) and 20 (8)]
UNDERTAKING BY THE PARENT OR GUARDIAN OR ‘FIT PERSON’
I ……………………………………………….resident of House no…………………
Street............................................... Village/Town…………………………… District
……………………… State ………………………………..do hereby declare that I am willing to take
charge of (name of the child) …………………………………………….. aged………. Under the orders
of the Child Welfare Committee ……………………………………………. subject to the following
terms and conditions:
1.
If his conduct is unsatisfactory I shall at once inform the Committee.
2.
I shall do my best for the welfare and education of the said child as long as he remains in my
charge and shall make proper provision for his maintenance.
3.
In the event of his/her illness, he shall have proper medical attention in the nearest hospital.
4.
I agree to adhere 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.
5.
I undertake to produce him/her before the Committee as and when required.
6.
I shall inform the Committee immediately if the child goes out of my charge or control.
Dated this ………………day of ………………..
Signature
Signed before Child Welfare Committee
FORM 21
[Rule 20(3)]
ORDER FOR SOCIAL INVESTIGATION REPORT
OF CHILD IN NEED OF CARE AND PROTECTION
To
Child Welfare Officer/ Social Worker/Case Worker/ Person in-charge of Home/representative of
Non- Governmental Organization
Whereas a report under section 31 (2) of the Juvenile Justice (Care and Protection of Children)
Act, 2015 has been received from ……………………………………….……. in respect of (name of the
child) ………………………………………..………………..….…, aged (approximate)…………,
son/daughter of ……………………………..………………… residing at………………….……
………………… ……., who has been produced before the Committee under section 31 of the Juvenile
Justice (Care and Protection of Children)Act, 2015.
You are hereby directed to conduct Social Investigation as per Form 22 for the above child. You
are directed to enquire into socio economic and family background of the said child.
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
[Rule 20(10)]
SOCIAL INVESTIGATION REPORT FOR CHILD IN NEED OF CARE AND PROTECTION
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
Schedule Caste
Schedule 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
Relations hip
Age
Sex Education
Occupation Income Health
Status
History
of
Mental
Illness
Addiction
(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 Institutions:
Children’s home
Shelter home
Specialised Adoption agency
Fit Facility
Other (please specify)
7. In case of orphan and abandoned child-
(i) Where was the child found? ……………………………….
(ii) What steps are being taken to trace the biological parents/relatives of the child?
Please
specify………………………
(iii) If the biological roots of the child are known, reasons for death of both parents of the
child…………………………..
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:
(i)
Whether the
child’s parents had any property/FD/Cash/Insurance/bank accounts prior to
their sudden demise: YES/NO; Details thereof……………
(ii)
Whether the child’s parents have any loans, mortgages, financial liabilities? YES/NO.
Details
thereof……………………………………………
(iii)
Whether the child’s parents have any collateral against that mortgage? YES/NO
Details thereof………………………………………………….
(iv)
Whether the child’s parents have any family business? YES/NO
Details thereof….
(v)
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:
(i) Whether the child has received education: YES/NO
(ii) If yes, specify education up to which class………………………………………………
(iii) If the child is enrolled in school, then name of the school-……………………..……….
…………………………………………………………………………………………….
(iv) 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……………………………….………
(v) Type of school- Government/ Private.
(vi) Whether the child has been enrolled in special training centre. YES/NO. If Yes specify duration
of enrolment of child in Special Training center……………………………
(vii) Whether the Special Training Center was Residential/Non- Residential
(viii) The reason for leaving School (tick as applicable)
Failure in the class last studied
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)……………………………………………
(ix) Attitude of class mates towards the child (If applicable) …………………………………
(x) Attitude of teachers and classmates towards the child (If Applicable) ……………………
(xi) 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………………………
17. Extra-curricular interests……………………………………………………..
18. Outstanding characteristics and personality traits…………………………….
19. Majority of the friends are (tick as applicable)
Educated
The same age group
Older in age
Younger in age
Male
Female
Addicts
Children in conflict with law
20. If child is friends with adults, please specify…………………………
21. Attitude of the child towards friends………………………………………..
22. Attitude of friends towards the child………………………………………….
23. Observation about neighborhood (to assess the influence of neighborhood on the
child)……………………………………………….
24. Whether the child has any addiction- YES / NO, if yes, specify……………..…………….
25. In case the child is with disability or special needs or is terminally ill (If Yes, 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. YES/NO (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. YES/NO (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…………………………………
26. 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, pl specify …………………
………………….
O.
Any other remarks/observation…………………………………………….………………………
……………………………………………………………………………………………………….
27. 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………………
28.
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…………………………..
29. Whether the child needs to be repatriated: Yes/No. If yes: (tick as applicable)
(i)
Inter- district repatriation
(ii) Inter- state repatriation
(iii) Inter- country repatriation
OBSERVATIONS OF INQUIRY
30. Emotional factors…………………………………
31. Physical condition……………………………………
32. Social and economic factors…………………………….
33. Suggestive causes of the problems………………………
34. Analysis of the case, including reasons/contributing factors for the offence…
35. Reasons for child’s need for care and protection……………… ………..
36. Opinion of experts consulted…………………………………..
37. Mental Health Expert assessment………………….
38. Risk analysis for the child to be restored to the surviving parent/relatives/guardian………
……………………………………….
39. Previous institutional/case history and individual care plan, if any………………………
40. Recommendation of District Child Protection Unit/Case Worker/Social Worker regarding
psychological
support,
rehabilitation
and
reintegration
of
the
child
and
suggested
plan……………………………..
Signature
(of the person assigned)
FORM 23
[Rule 20(25)]
APPLICATION FOR SURRENDER OF CHILD
Date:………………….……
To
Child Welfare Committee,
District……………….
I/ We……………………………………………………(name of the applicant/s)
……………………………. (relation with the child) of……………………….…………… (name of the
child), aged about………….....years , intend to surrender ……………………....
……………………………………..(name of child) before this Child Welfare Committee as
....................................................................................................................................................
.................................................................................................................(reason/s for surrender).
I am/we are fully conscious and making this application before this Child Welfare Committee. I
have not been forced or unduly influenced by anyone to take this decision of
surrendering………………………………………………………………. (name of child). I shall have no
objection if the child is given in adoption. I am fully aware of the consequences of surrendering the child.
Full signature of the applicant(s)/
Thumb impression (if the CWC deems appropriate)
Name and address.
…………………………….
(Signature of the Chairperson/ member
Before whom such application is submitted)
Committee member/s present: ……………………………………………………
Date…………………..
Time……………………
Place…………………..
FORM 24
[Rule 20(25)]
DEED OF SURRENDER
Declaration by Person surrendering the child or children
Case No…………….………..
In Re…………………..……….
I/We,
the
undersigned………………………………………………………………………………..(Family
name/First name(s) residing at……………………………………………………,surrender the child
(named)……………..……………………………….………aged…………….……………………having
date of birth…………………………………………………..for the reason …………………………
……………………………………………………………………………………….………………………
………………………………………………………………………………………………………………
…………………….
(ii)
I/we are surrendering my/our child or children on our own and without any coercion, compulsion,
threat, payment, consideration, compensation of any kind;
(iii)
I/we have been counselled and informed about the implication that I/we can withdraw our consent
until 60th day of this surrender deed after which my/our consent will be irrevocable and I/we shall
have no claim over the child or children.
(iv)
I/we have been made aware of the implications of surrender and are conscious of the fact that after
the 60th day from date of the surrender deed, the legal parent- child relationship between my/our
child or children and me/us will be terminated.
(v)
I/we understand that my/our child may be adopted by person(s) residing in India or abroad and give
my/our consent for this purpose.
(vi)
I/we understand that the adoption of my/our child will create a permanent parent-child relationship
with the adoptive parent(s) and then cannot claim back the child.
(vii) I/we wish/ do not wish (please tick whichever is applicable) my/our identity and address to be
disclosed to my/our child when he/she returns for root search.
(viii) 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)]
2.
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
..........................................................................
...........................................................................
3.
Certification of Child Welfare Committee
We hereby certify that the person and the witness(es) named or identified above appeared before me this
date and signed this document in our presence.
Done at ....................................... on.............................
Signature & Seal of
Members/Chairperson
Child Welfare Committee
FORM 25
[Rule 20(32)]
CERTIFICATE DECLARING THE CHILD LEGALLY FREE FOR ADOPTION
1.
In
exercise
of
the
powers
vested
in
the
Child
Welfare
Committee
………………………………….. under section 38 of the Juvenile Justice (Care and Protection of
Children) Act, 2015, child ……………………………………………………..
date
of
birth………………….…… placed in the care of the Specialized Adoption Agency/Child Care Institution
(name
&
address)………………………………….…………………………………………………………….. vide
order no………………………….dated……………………. of this Committee, is hereby declared legally
free for adoption on the basis of the following:
Inquiry report of the Probation Officer/ Child Welfare Officer / Social Worker / Case Worker/any
other (as the case may be);
Deed of surrender executed by the biological parent(s) or the legal guardian of the child before
this Committee on (date);
Declaration submitted by District Child Protection Unit and the Child Care Institution or
Specialized Adoption Agency concerned to the effect that they have made restoration efforts as
required under Section 40(1) of the Act, the Rules and Adoption Regulations, but, nobody has
approached them for claiming the child as biological parents or legal guardian as on date of the
said declaration.
2.
This is to certify that:
The biological parent(s) / legal guardian, wherever available, has/have been counselled 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 family of origin;
The biological parents / legal guardian have given their consent freely, in the required legal form, and
the consents have 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 post the photograph and other essential details of the child in the CARINGS and shall place such
child in adoption as per the procedure laid down in the Act and Adoption Regulations.
Signature
Chairperson and Members of the Committee
(Seal of the Child Welfare Committee)
Date:
Place:
To: Child Care Institution /Specialized Adoption Agency/ District Child Protection Unit Concerned –for
information and necessary action.
(Signature: & Seal)
Date:
FORM 26
[Rule 21(1)]
CASE MONITORING SHEET FOR COMMITTEE
CASE MONITORING SHEET
(Separate Sheet may be used in case there are more than one child)
Child Welfare Committee, District………………
Case No. .............................of.............................
Case Name:
Police Station ................................................
U/S...................................................................
Date.........................................................
FIR/ GD/ DD No. .......................................
Name of Probation Officer...............................
Name of IO ............................................
PARTICULARS OF CHILD
Name
Parents/Guardian
with Contact No.
Present address
Permanent address
DΑΤΕ ΑΝD ΤΙΜΕ CHILD PRODUCED BEFORE THE COMMITTEE DATE AND TIME OF
FIRST PRODUCTION
DATE OF MEDICAL EXAMINATION UNDER SECTION 54 Cr.P.C. (if any)
ΑGΕ DΕΤΕRΜΙΝΑΤΙΟΝ
Age on the Date of offence
Date of age Determination
Time taken for age determination
Determination by Committee
Evidence Relied:
Documents
Medical
PLACEMENT ΟF ΤΗΕ CHILD
In Children’s Home
Sent under supervision
(Name of Institution)
From....................То.........................
PROGRESS OF ENQUIRY
(Time schedule for disposal of the case to be fixed on the first day of hearing)
Steps to be taken
Scheduled Date
Actual Date
Age determination
Social Investigation Report (Form No.22)
Submission of Report on Provisions of further
investigation, if any
Statement of Child
Individual Care Plan (In case of child in institutional care
Individual Care Plan should be prepared within one month
of admittance
Dispositional (Final) Order
Post Dispositional Review
Signed by
Child Welfare Committee
FORM 27
[Rule 22(2) and 24 (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 ………………………………….
(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)…………………………………………
(iii a) Darpan ID No. ……………………………..
(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: Yes/No
(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 as 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 also mention the kind of arrangement made:
(i)
Fire
(ii)
Earthquake
(iii)
Any other arrangement
(iv)
Arrangement of Drinking water
(v)
Arrangement to maintain sanitation and hygiene:
(vi)
Pest Control
(vii)
Waste disposal
(viii)
Storage area
(ix)
Any other arrangement
(x)
Rent agreement/ building maintenance estimate (whichever is applicable)(Annex- copy
of Rent agreement)
5.
Capacity of 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/Juvenile Justice Board has been informed about the
children being housed in the Institution : Yes/ No
7.
Facilities Available
(i)
Education facility…………………………
(ii)
Health Checkup arrangement, frequency of 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)
Detailed staff list…………………………………………………
(ii)
Education and Experience of the staff ………………………………
(iii)
Name of partner organizations
(iv)
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 (Annex copy of Annual Report)
(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 of the agency indicating branch code account no.
(viii)
Whether the agency 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.
I have read and understood The Juvenile Justice (Care and Protection of Children) Act, 2015 and
the Ladakh Juvenile Justice (Care and Protection of Children) Rules, 2024.
I declare that no person associated with the organization has been previously convicted or
has-been involved in any immoral 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 UT Administration 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 the Ladakh Juvenile Justice
(Care and Protection of Children) Rules, 2024.
I undertake to abide by all the conditions laid down by the Central/ UT Act, Rules, Guidelines
and Notifications in this regard.
Signature of the authorized signatory: ……………………………..
Name:………………………………………..
Designation:…………………………
Address…………………………………..
District………………………………………
Date……………………..
Office stamp:
Signature of:
Witness no.1: …………………………………
Witness no.2: ………………………………………
FORM 28
[Rule 22(7) and 24 (4)]
CERTIFICATE OF REGISTRATION
(UNDER SECTION 41 THE JJ ACT)
After
perusal
of
the
documents
submitted
as
per
Form
27
is
granted
registration
No……………………………….……….as a Child Care Institution under Section 41(1) of the Juvenile
Justice (Care and Protection of Children) Act, 2015 with effect from…………………….... for a period of
……….….years.
The Institution which has the capacity of ……………………….Children shall remain bound to follow the
Juvenile Justice (Care and Protection of Children) Act, 2015, The Ladakh Juvenile Justice (Care and
Protection of Children) Rules, 2024 and regulations framed by the Central/ UT Administration from time
to time.
Dated this …………….. day of …………………….…….. 20 ……………………
(Signature)
Seal
Name and Designation ……………………………………
FORM 29
[Rule 24(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 Home……………………..
5.
Period of the Report…………………………..
6.
Details of children available on
Sr. No Name of the
child
Father’s
name
Address
of the
Child, if
available
Date of
admission
Reason for
admission
Duration
of stay
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
[Rule 25(9)]
HOME STUDY REPORT FOR 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 his/her observation about
suitability of the prospective adoptive/ foster parents.
PART-I : SELF ASSESSMENT
A.
Information about the prospective foster parents and their family background
Particulars of the foster parents
Full Name
Date of birth & age
Place of birth
Complete Address with e-mail ID (Present &
Permanent Address)
Identity Proof
Religion
Language(s)
Date of Marriage
Present Educational Qualification
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 alongwith
the following information.
Details about Parents of the Applicants
Father
Mother
Name in full
Age
Nationality/ Citizenship
Occupation
Previous occupation
Presently residing with
(2)
Please complete the following table with the names of each of your respective 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 the foster care would affect the family members (grandparents,
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
To
Foster Mother
Organisation
Employer
Details
(Name & Address)
Job Title
From
To
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
neighborhood 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 ……………………………………………………………………..
G.
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)……………………………………….…
H.
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 disciplinary approach to parenting.
(4)
In case the foster child demonstrates adjustment difficulties, please describe the steps that you
plan to take to ease his/her transition into the family?
(5)
Would you be prepared to utilize family counselling if the child continues to have difficulties
adjusting? YES/NO
(6)
Would you be willing to support financially higher professional studies of the foster child ?
YES/NO
I.
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)
J.
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? YES/NO If YES, would you please
provide details?
(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
Date:
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? YES/NO
(ii)
Are you satisfied about the facts mentioned in the documents vis-à-vis observation during
interviews and visits? YES/NO
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 during the home visit?
(iii)
Have you met any neighbour/relative? Give a detailed description about the interaction?
(iv)
Whether the home environment is conducive for the child?
(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.
(iv)
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?
2.4
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?
2.5
Physical and emotional capacity
(i)
Are the prospective foster parents in a good physical and emotional state to take care of a child?
(ii)
Have you observed any physical or psychological issues with the prospective foster parents or
any other family members that is going 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 and official seal
FORM 31
[Rule 25(4)]
CHILD STUDY REPORT
CHILD STUDY REPORT
S. No.
Item
Response
1
Date of Assessment
2
Source of Referral
3
Photograph of the Child to be refreshed
periodically
Profile of the Child
4
Name of the Child
5
Date of Birth
6
Place of Birth
7
Age
8
Nationality
9
Religion
10
Education
11
Mother Tongue
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
Permanent details of
the child
c) Reason for leaving the family
The child has not been placed in adoption
I ………………………………………………………… Social Worker hereby certify that the
information given in this form about child…………….……………………… is correct.
Signature:
Place :
Name:
Date :
Designation:
16
Reason for placement if the child is from
community
Mother 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
FORM 32
[Rule 25(16)]
ORDER OF FOSTER CARE PLACEMENT WITH A FAMILY
OR
GROUP FOSTER CARE
The child (name and address) ……………………………………………………………..
………………………….approximate age…………… d/o or s/o Mr…………….……………… and
Mrs………………………. …………………... is in need of care and protection of a family.
Mr……………………………………….…… and Mrs…………………………………resident
of……………………………………………………………….. (complete address and contact numbers)
are declared fit for foster-care placement of the child after considering the Individual Care Plan, Child
Study Report and Home Study Report.
OR
Child
Care
Institution
(Name
and
address)………………………………
…………………………………is declared fit for foster-care placement of the child after considering the
Individual Care Plan and Child Study Report.
The child (name) ……………………………………………….. is placed in foster care for a
period of ……………………………… under the supervision of the aforesaid Child Welfare
Officer/Social Worker (name andcontact) ……………………………………………………….
Chairperson/Member
Child Welfare Committee
FORM 33
[Rule 25(17)]
UNDERTAKING BY THE FOSTER FAMILY/GROUP FOSTER CARE ORGANISATION
I/We
……………………………………………………….. resident(s) of House no
………………………………………….……….. Street .........................................................
Village/Town……………………..………………….… District ………………… State
…………….………………/ care giver associated with ............................................................... foster
care home run by…………………………………………… organization at
…………………………………………………………………………………………(address), do hereby
declare that I/We 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 he remains
in my charge and shall make proper provision for his maintenance.
iii.
In the event of his illness, he 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.
vi.
I/We agree to adhere to the conditions laid by the Committee.
vii.
I/We undertake to produce him before the Committee as and when required.
viii.
I/We undertake to inform the Committee immediately if the child goes out of my charge or
control.
Dated this ………………day of ………………..
Signature and address of 2 witnesses
Signature of Applicant(s)
(Signed before me)
Chairperson/Member, Child Welfare Committee
FORM 34
[Rule 25(18)]
RECORD OF A CHILD IN FOSTER CARE
a)
Case no.........
b)
Name of the Child……………………….
c)
Age……………………………………..
d)
Gender……………………………………………
e)
Name and address of the Child Care Institution, if any from where the child has been given for
foster care……………………………………….
f)
Individual Care Plan
g)
Any other source of referral………………………..
h)
Details of the child placed in foster care including Photograph of the child, foster care
giver/parent, biological parents, if available………………………..
i)
Details of the placement - individual or group including date and period of placement
j)
Home Study Report of the biological family, where applicable with photograph
k)
Home Study report of the foster family- individual or group care, with photograph
l)
Child Study Report
m)
Address of the Child Welfare Committee
n)
Particulars of the order of the Committee placing the child in foster care
o)
Record (number and significant details) of each visit with the child, foster family, Biological
family, if available and child’s school
p)
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
q)
In the case of extension or termination of the placement, record of date and reason for
termination
r)
Date of the child being handed over to the foster family:
s)
Financial assistance provided, if any
t)
Name of the Case Worker appointed
FORM 35
[Rule 25(19)]
MONTHLY INSPECTION OF FOSTER FAMILIES/GROUP FOSTER CARE
(Fill as applicable)
Date of Visit:
a)
Name :
b)
Date of Birth & Age
:
c)
Gender
d)
Date of Placement
1.
Details of Foster Parents
a) Name of Foster Parents
b) Address
c) Contact details
i) Landline
ii) Mobile:
d) Aadhaar Card Number:
e) Photograph of Parents
2. Interaction with the Foster Child
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
(i)
(ii) Emotional
Happy and well adjusted
In process of adjusting
Maladjusted
Affix recent photo
Affix recent photo of
the child
Affix recent photo
b)
How is the child performing in his 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 his/her studies, extra
curricular activities
(iii)
Do they attend PTA meetings?
(i)
(ii)
(iii) YES/ NO/ SOMETIMES
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?
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?
(i)
(ii)
Having conversations
Dining
Playing
Watching TV
Going to school
Doing homework together
Others (specify)
(iii) YES/NO/SOMETIMES
d)
Does the child get support from foster parents’
children? ( do they mutually help each other)
YES/NO/SOMETIMES
e)
Has there been any incident that made the foster
child feel discriminated against?
f)
Has there been any incident/incidents that made you
uncomfortable?
(i) The way a foster parent/older sibling/any other
member touched you.
(ii) The conversations foster parents/older siblings/any
other member had with you
(iii) Any materials- visuals, printed you were made to
watch or read
(iv) Were you at any time sexually assaulted or abused?*
*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.
(i)
YES/NO
(ii)
YES/NO
(iii) YES/NO
(iv) YES/NO
g)
Whether the child keeps in contact with his/her
family of origin (by telephone, letters, visits).
Specify
YES/NO
h)
Have you been beaten by the foster parent at any
time?
YES/NO
i)
Have you been spoken to in a manner that you felt
humiliated?
YES/NO
j)
Are you made to do household chores?
YES/NO
k)
Do the biological children of the foster parents
made to do the same household chores?
YES/NO
3. 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
b)
Perception about his/her adjustment with the
household and with other members in the family
Happy and well-adjusted
In process of adjusting
Maladjusted
c)
How do you discipline the child?
Reason with the child
Scolding , 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 co-operation
Lack of Adjustment Introvert
Aggressive
Not Communicative
Any other
e)
Do you spend time together with the foster child and
biological children? Describe.
YES/NO/SOMETIMES
f)
Views on the progress of Child’s education and
other talents
i) Child is faring well in school
ii) If the child is not faring well in school do you
seek to find out the reasons
a) from the child
b) the school teacher
iii) Do you attend PTA meetings?
YES/ NO
YES/ NO
YES/ NO
YES/ NO/SOMETIMES
g)
Do the foster parents consult the child while taking
decisions on behalf of him/her?
YES/ NO/SOMETIMES
h)
How does the child show his approval/ disapproval
to the foster parent’s decisions?
Accept the decision with happiness
Accept the decisions but unhappy
Refuse to accept the decision and
shows aggressive behavior
4. Interaction with biological children of the Foster Parents:
5.
Interaction with the School Teachers:
i)
Are the foster parents aware of the social networks
of the child?
YES/NO
j)
Views on child’s social relationship with the
neighbors, school friends and teachers.
Good and regular interaction
Periodic Interaction
k)
What is their plan for the child?(To be noted down)
l)
Does the foster child maintain the contact with
his/her family of origin? (by telephone, letters,
visits). Specify
YES/NO/SOMETIMES
m)
Who maintains the bank account of the foster child
as a parent?
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.
Yes
No
Sometimes
c)
How do you feel when your parents show love,
affection and care to the foster child?
Happy
Unhappy
Angry
Jealous
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
6.
Interaction with Parents of Origin
a) Have the parents of origin-maintained contact with
their child(by telephone calls, letters, and visits?
How frequently?
YES/ NO/SOMETIMES
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 fosterages/parents/family with them?
YES/ NO
d) Do they have any interaction with the foster family
regarding the wellbeing of the child?
YES/ NO/SOMETIMES
e) The 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)
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
b)
Teacher’s observation: if the child has adjusted to
his/her foster parents
Happy and well-adjusted
In process of adjusting
Maladjusted
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 his academic achievements,
his 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
f)
Any concerns of the child in the school.
If yes, give details
7.
Interaction with Neighbours
a)
Knowledge about the neighbor fostering a child.
YES/ NO
b)
Information about the attitude and behavior of the foster
family towards the child.
Positive and Happy
Indifferent Attitude
Negative Attitude
Misbehavior towards foster children
c)
Observed any quarrel or issues between the family
members and foster child or between neighborhood and
the foster child (if yes, give detail)
YES/ NO
Prepared by
Signatures
FORM 36
[Rule 26(5)]
ORDER OF SPONSORSHIP PLACEMENT
The child (name and address) …………………………………………………………..
age…………… d/o or s/o Mr/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/Member, Child Welfare Committee
FORM 37
[Rule 27(2)]
ORDER OF AFTER CARE PLACEMENT
The child (name) ……………………………….…………………………………………. d/o or
s/o………………………………………………….. has/ will be completing 18 years of age on
(date)…………….………………. She/ he is still in need of care and protection for the purpose of
rehabilitation
and
reintegration
and
specifically
for
………………………………………
…………………………………….……………….... (specify the purpose). She/he is placed in (name of
organization)………………………………………………………………………. for providing aftercare.
The In-charge of the Organization is directed to admit the child and provide all possible opportunities for
her/ his rehabilitation and reintegration in its truest sense. The person shall be provided all these
opportunities maximum till the age of 21 years only or till reintegration in the society, whichever is earlier.
The in-charge will send half yearly report on the status of the child/youth to the Child Welfare Committee.
The
State/District
Child
Protection
Unit
is
hereby
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 person………………..
Children’s Court/ Principal Magistrate, Juvenile Justice Board
Chairperson/Member, Child Welfare Committee
Copy to: UT/ District Child Protection Unit or concerned Department of the UT Administration.
FORM 38
[Rule 29(2)]
APPLICATION FOR FIT FACILITY INCLUDING GROUP FOSTER CARE
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/UTs
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 room
4.e
Annex -Copy of blue print 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)
Earth quake
iii)
Any other arrangement
4.g
Arrangement of Drinking water Annex-Certified from public
health engineering (PHE) Department.
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.a
Any other facility that shall impact on the overall development of
the child
7.
Staffing
7.a
Detailed staff list
7.b
Name of partner organizations
8.
Background of the Applicant
8.a
Major activities of the organization in last two years
8.b
An updated list of members of the management committee/
governing body in the enclosed format (Annex- resolution of the
annual meeting)
8.c
List of assets/ infrastructure of the organization
8.d
If
the
organization
is
registered
under
the
Foreign
Contribution(Regulation) Act, 1976 (Annex – certificate of
registration)
8.e
Details of foreign contribution received last two years (Annex-
relevant documents)
8.f
List of other sources of grant- in – aid funding (if any )with the
name of the scheme / project , purpose amount, etc. (separately)
8.g
Details of existing bank account of the agency indicating branch
code account no.
8.h
Whether the agency agrees to open a separate bank account for the
grant proposed
8.i
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.
I have read and understood The Juvenile Justice (Care and Protection of Children Act), 2015; and The
Ladakh Juvenile Justice (Care and Protection of Children) Rules, 2024.
………………………………..(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 Ladakh Juvenile Justice (Care and Protection of Children) Rules, 2024.
I declare that no person associated with the organization has been previously convicted or has-been
involved in any immoral 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 UT
Administration at any point of time.
I undertake to abide by all the conditions laid down by the Central/ UT 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:
Signature of:
Witness no.1: …………………………….
Witness no.2: ………………………………
FORM 39
[Rule 29(4)]
CERTIFICATE OF RECOGNITION OF FIT FACILITY
After perusal of the documents and on the basis of an inspection of the Institution conducted
on……………………...…….(date) 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 Ladakh Juvenile Justice (Care and Protection of Children) Rules, 2024 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)
Chairperson, Child Welfare Committee/Principal Magistrate, Juvenile Justice Board
FORM 40
[Rule 65(3)(xii)]
LIST OF CHILDREN SUBMITTED BY CCI TO BOARD OR COMMITTEE WEEKLY
Details of the Child Care Institution:
Sr. No.
Name of Child
FIR/DD/Case No.
PS
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
[Rule 73 (C) (1)]
PROTECTIVE CUSTODY CARD
1.
Name of the child
:
2.
Age of the child
:
3.
Mother’s Name
:
4.
Father’s Name
:
5.
Address of parent/guardians
:
6.
Date of receiving by Organization/Institution
:
7.
Name & contact details
of the person producing child
:
8.
Date of Inquiry
:
This is to authorize and direct you to receive the above named child in your Child Care Institution and keep
her/him in your charge for protective custody under the J.J. Act, 2015.
And to produce the child on …………………..............
Next Date of hearing…………………………………..
(Signature)
Principal Magistrate/ Member,
Juvenile Justice Board
FORM 42
[Rules 73 (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 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
[Rule 73 (H) (3)]
CASE HISTORY OF THE CHILD (FOR CHILD CARE INSTITUTION)
Case/Profile No………………….
Date & Time……………………….
A. PERSONAL DATA
1.
Name…………………………………………………………………………………
2.
Male / Female (tick the appropriate category) …………………………………..
3.
Age at the time of admission………………………………………………………..
4.
Present age…………………………………
5.
Category (tick as applicable):
(i)
Separated from family
(ii)
Abandoned/deserted
(iii)
Victim of exploitation and violence (give detail)
(iv)
Run-away
(v)
Any other
6.
Religion
(i)
Buddhist
(ii)
Muslim
(iii)
Christian
(iv)
Hindu (OC/BC/SC/ST)
(v)
Other (pl. specify)
7.
Native District & State/UT:
8.
Description of the Housing:
(i)
Concrete building/ Kuchha
(ii)
Three bedroom/ two bedroom/ one bedroom/ no separate bedroom
(iii)
Owned / rental
9.
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
10.
Reasons for leaving the family
i.
Abuse by parent(s)/guardian(s)/step parents(s)
ii.
In search of employment
Affix a latest
photograph here
iii. Peer group influence
iv. Incapacitation of Parents
v.
Criminal behaviour of Parents
vi. Separation of Parents
vii. Demise of Parents
viii. Poverty
ix. Others (please specify)
11.
Types of abuse met by the child
i.
Verbal abuse – parents/siblings/ employers/others (pl. specify)
ii.
Physical abuse
iii. Sexual abuse parents/siblings/ Employers/others(Pl. specify)
iv. Others – parents/siblings/ employers/others (pl. Specify)
12.
Types of ill-treatment met by 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)
13.
Exploitation faced by the child
i)
Extracted work without payment
ii)
Little (low) wages with longer duration of work
iii) Others (pl. specify)
14.
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 handicap
- present / not known / absent
x)
Physical handicap
- present / not known / absent
xi)
Urinary tract infections
- present / not known / absent
xii) Others (pl. specify)
- present / not known / absent
15.
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. Orphanages / Hostels/ Similar Homes
viii. Other (pl. specify)
16.
Visit of the parents to meet the child
Prior to institutionalization-
Frequently / Occasionally / Rarely / Never
After institutionalization -
Frequently
/
Occasionally
/ Rarely / Never
17.
Visit of the Child to his parents
Prior to institutionalization
- Frequently / Occasionally / Rarely / During festival times / During
summer holidays / Whenever fallen sick / Never
After institutionalization
- Frequently / Occasionally / Rarely / During festival times / During
summer holidays / Whenever fallen sick / Never
18.
Correspondence with parents -
Prior to institutionalization
– Frequently / Occasionally / Rarely / During festival times / During
summer holidays / Whenever fallen sick / Never
After institutionalization
– Frequently / Occasionally / Rarely / During festival times
/ During summer holidays / Whenever fallen sick / Never
19.
Details of disability
20.
Type of Family: Family / joint family/ broken family / single parent
21.
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
22.
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
confine-
ment
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)
23.
Properties owned by the family:
i.
Landed properties (pl. specify the area)
ii.
Household articles - Cows/ Cattle/ Bull
iii. Vehicles- two wheeler/ three wheeler/ four wheeler (lorry/bus/ car/ tractor/ jeep)
iv. Others (please specify)
24.
Marriage details of family members:
i)
Parents
- Arranged/ Special Marriage
ii)
Brothers
- Arranged/ Special Marriage
iii)
Sisters
- Arranged/ Special Marriage
25.
Social activities of family members:
i.
Participate in social and religious functions
ii.
Participate in cultural activities
iii.
Does not participate in social and religious functions
iv.
Not known
26.
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)
27.
At what age did the child attain puberty?
28.
Details of delinquent behaviour if any
i.
Stealing
ii.
Pick pocketing
iii.
Arrack selling
iv.
Drug pedaling
v.
Petty offences
vi.
Violent crime
vii.
Rape
viii. None of the above
ix.
Others (please specify)
29.
Reason for delinquent behaviour
i.
Parental neglect
ii.
Parental overprotection
iii.
Parents criminal behavior
iv.
Parents influence (negative)
v.
Peer group influence - To buy drugs/alcohol
vi.
Others (pl. specify)
30.
Habits (tick/cross)
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) Begging
v)
Drawing/painting/acting/singing
vi) Any other
vi)
Any other
EMPLOYMENT DETAILS
31.
Employment details of the child prior to entry into the Home:
S.No.
Details of employment
Timing and Duration
Wages earned
i)
Cooly
ii)
Rag picking
iii)
Mechanic
iv)
Hotel work
v)
Tea shop work
vi)
Shoe polish
vii)
Household works
viii)
Others (pl specify)
32.
Details of income utilization:
Sent to 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.
Savings
33.
Details of savings
i.
With employers
ii.
With friends
iii.
Bank/Post Office
iv.
Others (pl. specify)
34.
Duration of working hours
i.
Less than six hours
ii.
Between six and eight hours
iii.
More than eight hours
EDUCATIONAL DETAILS
35.
The details of education of the child prior to the admission to Children’s Home
i.
Illiterate
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
36.
The reason for leaving the 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 atmosphere
h.
Absenteeism followed by running away from school
i.
There is no age-appropriate school nearby
j.
Others (pl. specify)
37.
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
38.
Medium instruction: Hindi/English/Urdu/ Ladakhi/Other language (please specify)
39.
After admission to Children’s Home, the educational attainment from the date of admission till date;
No. of years
Class studied
Promoted /detained
40.
Vocational training undergone form the date of admission into Children’s Home till date.
(i)
No. of years
(ii)
Name of Vocational Trade
(iii)
Proficiency Attained
(iv)
Details of certification?
41.
Extra-curricular activities developed form 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
42.
Height and weight at the time of admission:
43.
Physical condition:
44.
Medical history of child (gist):
45.
Medical history of parent/guardian (gist):
46.
Present health status of the child:
Sl. No.
Annual Observation
1st Quarter
2nd Quarter
3rd Quarter
4th Quarter
a) Date of Review
b) Height
c) Weight
d) Nutritious diet given
e) Stress
f) Dental
g) ENT
h) Eye
47.
Height and Weight Chart
Date, Month and Year
Height
Admissible Weight
Actual Weight
SOCIAL HISTORY
48.
Details of friendship prior to admission into Children’s Home:
i.
Co-workers
ii.
School/Classmate
iii.
Neighbours
iv.
Others (pl. specify)
49.
Majority of the friends are
i.
Educated
ii.
Illiterate
iii.
The same age group
iv.
Older in age
v.
Younger in age
vi.
Same sex
vii.
Opposite sex
50.
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)
51.
The position of the child in the groups/league
i.
Leader
ii.
Second level leader
iii.
Middle level functionary
iv.
Ordinary member
52.
Purpose of taking membership in the group:
i.
For social service activities
ii.
For leisure time spending
iii.
For pleasure seeking activities
iv.
For deviant activities
v.
Others (please specify)
53.
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
54.
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
55.
The reaction of the society when the child first came out of the family
i.
Supportive
ii.
Rejection Abuse
iii.
Ill-treatment
iv.
Exploitation
56.
The reaction of the police towards children
i.
Compassionate
ii.
Harsh
iii.
Aggressive and abusive
iv.
Exploitative
v.
Ill-treated
57.
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/ SUPERINTENDENT/
CHILD WELFARE OFFICER/ PROBATION OFFICER
FORM 44
[Rule 86 (1)]
RELEASE CUM RESTORATION ORDER
(Name of the Child)…………….………………………….……………….son/daughter of……………
……………… ………..…………..…… residence .…………………………..………………..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………..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 discharged person shall proceed to……………………………………… and live under the
supervision and authority of …………………………………….…………… until the expiry of the period of
his stay in Children’s Homes or fit facility/ detention in observation home/ special homes/ place of safety
unless the remission is sooner cancelled.
2.
He shall not, without the consent of the ................................ remove himself from that place or any
other place, which may be named by the said ……………………………...
3.
He shall obey such instruction as he may receive from the said .......................................... with regard
to punctual and regular attendance at school/vocation or otherwise.
4.
He shall not get involved in any offence and shall lead a sober and industrious life to the satisfaction
of……………………………..……………….
5.
In the event of his 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 he/she 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 mark of the released child)
Certified that the conditions specified in the above order have been read over/explained to (Name of child)
..................................................................... and that he/she has accepted them as the conditions upon which
his/her release may be revoked.
Certified accordingly that the said child has been discharged on the………………….
Signature and Designation of the certifying authority
i.e. Person-in-charge of the institution
FORM 45
[Rules 86(4)]
ESCORT ORDER
Case No…………….
In the matter of Boy/Girl Child
…………….……………………………….
aged about…………year taken,
The Parents of the boy/girl child are reported to be residing
at……………………………………………………….…..
He/She therefore be sent under supervision of a proper police / recognized non governmental
organization escort to the………………………………………………
For tracing and for handing over to the parents or close relatives of the said Boy Child/Girl Child
residing at the aforesaid address or at other Place which may be shown by the Child, if no such parents or
relative are traced or if traced but they are unwilling to take charge of the boy/girl be kept in the custody
of the Superintendent …………................................................................... Children’s Home/ Place of
Safety/Observation Homes of the said district and the said Boy/Girl child be produced before the concerned
Child Welfare Committee/ Juvenile Justice Board for further orders.
Orders
Pending Escort, the said Boy/Girl Child shall remain in Children’s Home/ Place of Safety/Observation Homes,
residing at present at……………………………………… The UT/District Child Protection Unit, or Police
Department and recognized Non-governmental organization/ Childline shall positively make immediate
arrangement not less than 15 days from the date of receipt of this order by him and send the said Boy Child/Girl
Child at his/her aforesaid place of residence.
Dated this…………………..day of ............................................20
Chairperson/Member
Child Welfare Committee
Juvenile Justice Board
CC to:
1.
The Person in charge, Child Care Institution.
2.
The District Child Protection Unit or non-governmental organization or Childline
Ref.: 1. Order of admission of minor…………………..…born on…………..…..Profile No……………
FORM 46
[Rule 22(10), 43(3) and 43 (11)]
INSPECTION OF CHILD CARE INSTITUTIONS
(Fill as applicable)
Date and time of visit:
Name of the officials inspecting the Home:
1. ………………………….…………………..
2. ……………………………………….………
3. …………………..……………………………
Name and address of Institution:
Type of Facility:
(Children Home/Observation Home/Special
Home/Place of Safety/Open Shelter/Specialised Adoption Agency/Fit Facility)
If aided/supported: by UT Administration, Name of Department:………………
If run by Government:………………..
Name of Person-in-charge: …………..
Contact No. ………………….
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 22:
Registration 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 No. 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 19 and 20:
Production before a
Committee 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: Registration
of Child Care Institutions
Number of children residing for more than
04 months
Observation Home/
Special Home/ Place of
Safety
Management Committee
Rule 41: Management
Committee
Average Number of meetings conducted in
a year (Specify number)
Children’s Committees constituted
Rule 42:
Average Number of meetings conducted in
a year (Specify number)
Children’s Committees
Adoption Committee constituted
Section 65:
Specialised Adoption
Agency
Average Number of meetings conducted in a year
(Specify number)
Open Shelter/Shelter Home has 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 31: Physical
Infrastructure
Sign board displayed indicating name, type of
Child Care Institution, contact details
Education (Class room)
Dormitories
Kitchen
Counseling
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
Essential Details including- Emergency
Numbers
Duty Chart
Rule 28:
Management and
Monitoring of Child
Menu Chart
Attendance Status
Weekly Programme Schedule
Safe transport facility for children attaining
education outside the campus
Care Institutions
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.
Specialised
Adoption Agency
A cradle has been placed near the outside gate or
not
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 71: Security
Measures
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 33: Sanitation an
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 28:
Management and
Monitoring of
Child Care
Institutions
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
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
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 96: 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
Rehabilitation-cum-Placement Officer
Rule 69:
Rehabilitation-
cum-Placement
Officer
Superintendent/Manager/ In- charge stay on the
campus
Rule 65: Duties of
the Officer- in-
charge of a Child
Care Institution
CHILD CARE FACILITIES
Enough/safe toys are available and accessible to
children or not
Rule 40:
Recreational
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 31: Physical
Infrastructure
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 36/37: 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
Rule 80: Abuse and
Exploitation of the chi
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
Child helpline
CCTV Cameras
Children Committees
Regular Staff-Children Interface
Training and Orientation of children
Any complaint found in the Suggestion or
Complaint Book
DAILY ROUTINE
Daily routine of activity is followed
Rule 34: Daily
Routine
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 35: Nutrition
and Diet Scale
Meals are planned in consultation with children
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 32: Clothing,
Bedding, Toiletries an
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 33: Sanitation an
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 36/37:
Medical
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 38/73:
Education/
Institutional
Management 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 39: Vocational
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 40:
Recreational
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
Section 31/ Rule
19: Production
before Committee
All children in the Home are housed in compliance
with the Child Welfare Committee orders
All children admitted to the Home are produced
before the Juvenile Justice Board within the
prescribed limit
Section 10/Rule 9:
Production before Boa
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
Rule20 / 73: Inquiry/
Institutional
Management 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 81: Maintenance
Registers
Home updates the master admission register in
Track Child
Home updates the master admission register in
centralized 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 UT
Adoption Resource Agency/ District Child
Protection Unit as the case may be
Rule 24:
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 81:
Maintenance of
Registers
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
Order Book
Inquiry report file
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 Committee
Staff-Children interaction
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 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 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 purpose of
adoption
ADOPTION RELATED
The agency expeditiously uploads Child Study
Report, Medical Examination Report, as soon as
children become legally free for adoption
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
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
Accounts 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 UT Administration.
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 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)
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 UT Administration.
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 43: Inspection
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
Responsibilities 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
Department 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 98:
Monitoring by
National/UT
Commission for
Protection of Child
Feedback was provided on the inspection by the
National Commissions for Protection of Child
rights
The feedback report is positive
Rights
The Home has been inspected by the UT Commissio
for Protection of Child rights
Feedback was provided on the inspection by U
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 43:
Inspection
Any improvement has taken place based on the
Inspection Reports
PROGRAMMATIC LINKAGES
Medical care and Mental health services for childre
Rule 36: Medical
Care
Education
Rule 38: Education
Vocational training
Rule 39: Vocational
Training
Life Skills, Art and Dance and Drama therapy and
Occupational therapy and other issue-based
workshops
Rule 40:
Recreational
Facilities
Recreational activities including sports
Hobby classes
Health including speech/physiotherapy
Rule 37: Mental
Health
Legal aid services
Rule 41:
Management
Committee
De-addiction services
Rule 29: 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
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 focused on issues with the UT 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-
…………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………
………………………………………………………………………………………….
5.
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
[Rule 22(3) and Rule 22(15)]
INSPECTION FORMAT FOR REGISTRATION AND RENEWAL OF A CHILD CARE
INSTITUTION
State/UT:
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 Institutions
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 Act 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 31: Physical
Infrastructure
Boundary wall/fencing
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 33: Sanitation and
Hygiene
Child friendly bathrooms / bathing areas
(1:10) available exclusively for children
Child friendly toilets (1:7) available
exclusively for children
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 28: 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 96: Training of
Training organized for the staff on –
Child Rights Protection
Personnel Dealing with
Children
Care Giving
Rehabilitation
Juvenile Justice (Care and Protection of
Children) Act, 2015
Mission Vatsalya
Rule 80: Abuse and
Exploitation of the child
Training and Orientation of care givers
Training and Orientation of children
Rule 69: Rehabilitation-
cum- Placement Officer
Rehabilitation-cum-Placement Officer
Rule 65: Duties of the
Person-in- charge of a Child
Care Institution
Superintendent/Manager/ In-charge stay
on the campus
IV. FUNCTIONALITY
Rule 31: Physical
Infrastructure
Computer with internet accessibility
Records stored safely
Essential Details including- Emergency
Numbers
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 71: 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
Standard operating procedure for child
protection
Rule 80: Abuse and
Exploitation of the child
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 34: 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
Rule 40: Recreational
Facilities
Enough/safe toys are available and
accessible to children
Enough suitably equipped outdoor space
for play is available and accessible to
children
VII. NUTRITION AND RECREATION
Rule 35: Nutrition and Diet
Scale
Staff is aware of the nutritional
requirement of children at varying stages
of development
Rule 40: Recreational
Facilities
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 32: 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 33: 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 36/37: Medical Care/
Mental Health
Nurse/paramedical staff is available in
the Home at night
Staff is trained to provide First Aid
X. EDUCATION
Rule 38/73:Education
To provide age-appropriate education
option is available
Rule 39: Vocational
Training
Option for age appropriate, feasible and
market oriented is available
XI. RECORD MAINTENANCE
Rule 81: Maintenance of
Registers
Master Admission and discharge register
Supervision register
Medical File and Medical Report
Attendance register of children and
staff
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
Rule 55: Accounts and audit
of the Authority
Details
of
project
wise
Bank
Account(s) maintained by it with A/c
No,
purpose,
amount
received
including FCRA Account available
I. RECOMMENDATION BY DISTRICT MAGISTRATE FOR REGISTRATION-
1.
Details of violation or discrepancies or not as per norms observed:-
2.
The district already has…………………..No. of Child Care Institutions (viz.,…………….Children
Homes,………………Observation Homes,……………..
Shelter
Homes,
………………Special Homes, …………… 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……………………………………….
Form 47
[ Rule 23(5), (8) and (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: ……………………
Contact No. ………………………………
E-mail ID: …………………………….
Indicator
Status
(Yes or
No)
Remarks (In case of No
Compliance or
Partial Compliance)
LEGAL STATUS
Previous registration of the
facility as a Group Foster Care
Rule 23: Registration
of the Child Care
Institutions
Duration of previous registration
Whether the registration of
Group Foster Care was cancelled at any time
If yes, specify reason
Mandatory police verification of each of the
individuals has been done or not
STATUS OF CHILDREN
Sanction capacity (in numbers)
Total number of Children placed in
Institution
Number of biological children
Number of children placed under foster care
by the Child Welfare Committee
Number of children placed under foster care
without the orders of the Child Welfare
Committee
Number of siblings placed in the foster care
Are there children in the age group of 0-
5years staying there?
(Specify number)
No. of new placements in the current month
No. of children who have
moved out in the current month, including:
No. of children restored to family
No. of children moved in CCI
No. of children given in adoption
Number of children with special needs
placed in the foster care
PHYSICAL INFRASTRUCTURE
Building ( Rented or owned)
Rule 31: Physical
Infrastructure
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
Rule 28: Management
and Monitoring of
Child Care Institutions
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
Rule 69: Security
Measures
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
Rule 40: Recreational
Facilities
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
Rule 25: Foster Care
Whether restricting/restraining children’s
movements by binding, tying or any other
form, is practiced or not
Whether food, rest or toilet is withheld or
not
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
Rule 35: Nutrition and
Diet Scale
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
Rule 32: Clothing,
Bedding,
Toiletries and other
articles
Whether sleeping material is cleaned
/sanitized regularly or before reuse as
needed or not
Rule 33: Sanitation and
Hygiene
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
EDUCATION
Whether all children are provided with age-
appropriate formal 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 the
children
with
their
education
like
homework, projects, presentations or not
RECREATION
Whether indoor recreation facilities are
available for children or note
Rule 38: Recreational
Facilities
Whether outdoor recreation facilities are
available for children or not
MAINTENANCE OF RECORDS
Group Foster Care maintains all the
relevant information of the child i.e. --
Individual case file
Social Investigation Report
Individual Care Plan
Case History
CWC Orders
Child Study Report (CSR)
Home Study Report (HSR)
Birth Certificate
Quarterly Progress Report
Health report
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
Other
sources
of funding
(Government/Private)
IT returns record of each of the
individuals for the last three years
INSPECTIONS
The Home has been inspected by the
Inspection Committee
Rule 46: Inspection
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/
UT
Commissions
for
Protection of Child Rights
Section 109/Rule 98:
Monitoring by
National/UT
Commission for
Feedback was provided on the inspection
by
the
National
Commissions
for
Protection
of
Child
rights/
UT
Commissions for Protection of Child rights
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…………………………………
Date……………………….
FORM 48
[ Rule 23 (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 Juvenile Justice (Care and Protection of Children) Model Rules, 2016 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, The Ladakh Juvenile Justice (Care and Protection of Children) Rules, 2024 and regulations framed
by the appropriate Government from time to time.
Dated this........................day of ........................20 ………………..
(Signature)
(Seal)
Name and Designation……………………………………………
FORM 49
[RULE 16(5)]
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 UT Administration
or an undertaking or corporation owned or controlled by the Government of India or UT Administration,
(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, or
(v)
I am not part of management of a child care institution in a District.;
2. If found otherwise by the UT Administration, I shall be liable for punitive action.
(Signature of the person)
Name and other particulars
FORM 50
[RULE 23 (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/UT Administration.
2. If found otherwise by the UT Administration, I shall be liable for punitive action and immediate
disqualification.
(Signature of persons/foster family)
Name and other particulars
“No legal responsibility is accepted for the contents of publication of advertisements/publications in this part of The
Ladakh Gazette. Persons notifying the advertisements/public notices will remain solely responsible for the legal
consequences and also for any other misrepresentation etc.”
MICHAEL
MANNY
DSOUZA
Digitally signed by
MICHAEL MANNY
DSOUZA
Date: 2024.06.12
18:53:32 +05'30'