[31]

GOVERNMENT OF PUDUCHERRY

CHIEF SECRETARIAT (WELFARE)

(G. O. Ms. No. 12/SWS/2017,

Puducherry, dated 14th December 2017)

NOTIFICATION

In exercise of the powers conferred under section 110 (1) of the

Juvenile Justice (Care and Protection of Children) Act, 2015,

the Lieutenant-Governor, Puducherry, hereby makes the Puducherry

Juvenile Justice (Care and Protection of Children) Rules, 2017, read

with Government of India, Ministry of Women and Child Development,

notification, dated 21st September, 2016 and in repeal of Puducherry



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PART - II

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2018 } | 8 {

No. 6

Poudouchéry

Jeudi

Février

2018

No.

Puducherry

Thursday

8th

February 2018

( 19 Magha 1939 )

LA GAZETTE DE L'ETAT

[PART–II

Juvenile Justice (Care and Protection of Children) Rules, 2011 vide

G. O. Ms. No. 27/2011-Wel.(SW-V), dated 6th September, 2011 of the

Chief Secretariat (Welfare), Government of Puducherry in the

Extraordinary Gazette No. 22, dated 11th October, 2011.

(By order of the Lieutenant-Governor)

K. SARANGAPANI,

Under Secretary to Government

(Social Welfare).

CHAPTER–I

PRELIMINARY

1. Short title and commencement.— (1) These rules may be called

the Puducherry Juvenile Justice (Care and Protection of Children)

Rules, 2017.

(2) They shall come into force on and from the date of their

publication in the Official Gazette.

2. Definitions.— (1) In these rules, unless the context otherwise

requires,-

(i) "Act" means the Juvenile Justice (Care and Protection of

Children) Act, 2015 (2 of 2016);

(ii) "Authority" means the Central Adoption Resource Authority

constituted under section 68 of the Act;

(iii) "Case Worker" means a representative from a registered

voluntary or non-governmental organisation, who shall accompany

the child to the Board or the Committee and may perform such tasks

as may be assigned to him by the Board or the Committee;

(iv) "Child

Adoption Resource Information and Guidance

System" means an online system for facilitating and monitoring

the adoption programme;

(v) "Child Study Report" means the report which contains details

about the child, such as his date of birth and social background;

(vi) "Community Service" means service rendered by children

in conflict with law who are above the age of fourteen years and

includes activities like maintaining a park, serving the elderly, helping

at a local hospital or nursing home, serving disabled children, serving

as traffic volunteers, etc.

PART–II]

LA GAZETTE DE L'ETAT

(vii) "Form" means the Forms annexed to these rules;

(viii) "Government" means Administrator of the Union territory

of Puducherry appointed by the President under Article 239 of the

Constitution.

(ix) "Home Study Report" means a report containing details of

prospective adoptive parents or foster parents, and shall include

social and economic status, family back-ground, description of home

and atmosphere, and health status;

(x) "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;

(d) leisure, creativity and play;

(e) protection from all kinds of abuse, neglect and maltreatment;

(f) restoration and follow up;

(g) social mainstreaming;

(h) life skill training.

(xi) "in-country adoption" means adoption of a child by a citizen

of India residing in India;

(xii) "Medical Examination Report" means the report of a child

given by a duly licensed physician;

(xiii) "Person-in-charge" means a person appointed for the control

and management of the Child Care Institution;

(xiv) "POCSO" means the Protection of Children from Sexual

Offences Act, 2012 (32 of 2012);

(xv) "Rehabilitation-cum-Placement Officer" means an Officer

designated in every Child Care Institution for the purpose of

rehabilitation of children;

(xvi) "Selection Committee" means a Committee constituted by

the Government under rule 91 of these rules;

LA GAZETTE DE L'ETAT

[PART–II

(xvii) "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;

(xviii) "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;

(xix) "Social

Worker" means a person with postgraduate

degree in Social Work or Sociology or Psychology or Child Development

or a graduate with minimum seven years of experience in child

education and development or protection issues, who is engaged

by a Child Care Institution or authorised by District Child Protection

Unit/Child Protection Society or State Adoption Resource Agency

or Central Adoption Resource Authority for preparing social

investigation report or individual care plan of the child, child study

report, home study report of prospective adoptive parent or foster

parents, rendering post-adoption services, and performing any other

functions as assigned to such person under the Act or these rules;

Explanation: For the purposes of this definition, it is clarified that

the qualifications of the social worker Member of the Board shall be as

under section 4 of the Act.

(xx) "Special Educator" shall have the same meaning as assigned

to it in the Protection of Children from Sexual Offences Rules, 2012;

(xxi) "Union Territory of Puducherry 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 Government through a notification in the Official Gazette.

4. Composition of the Board.— (1) The Board shall consist of

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.

PART–II]

LA GAZETTE DE L'ETAT

(2) The social worker Members shall be appointed by the Government

on the recommendations of the Selection Committee constituted under

these rules.

(3) The social worker Members shall not be less than thirty-five

years and not more than sixty-five years of age at the time of appointment

and shall have at least seven years of experience of working with children

in the field of education, health or welfare activities, or should be a practicing

professional with a degree in child psychology or psychiatry or sociology

or in the field of law.

(4) As far as possible, the two social worker Members so selected

for a Board shall be from different fields.

(5) All Members of the Board including the Principal Magistrate,

shall be given induction training and sensitisation within a period of sixty

days from the date of appointment.

5. Term of Members of the Board.— (1) The term of the social

worker member of the Board shall not be more than for a period of three

years from the date of appointment.

(2) A social worker Member of the Board shall be eligible for

appointment of maximum of two terms, which shall not be continuous.

(3) The Members may resign at any time, by giving one month's

notice in writing to the Government.

(4) Any vacancy in the Board shall be filled by appointment of

another person from the panel of names prepared by the Selection

Committee.

6. Sittings of the Board.— (1) The Board shall hold its sittings in

the premises of an observation home or at a place in proximity to the

observation home or, at a suitable premise in any Child Care Institution

meant for children in conflict with law run under the Act, and in no

circumstances shall the Board operate from within any Court or jail

premises.

(2) The Board shall ensure that no person(s) un-connected with

the case remains present in the room when the case is in progress.

(3) The Board shall ensure that only those person(s), in

the presence of whom the child feels comfortable, are allowed to remain

present during the sitting.

LA GAZETTE DE L'ETAT

[PART–II

(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

Government issues an order in this regard, or the Government may, by

notification in the Official Gazette constitute more than one Board in a

district after giving due consideration to the pendency of the cases, area

or terrain of the district, population density or any other consideration.

(8) When the Board is not sitting, a child in conflict with law may

be produced before an individual Member of the Board. For the said

purpose, one Member of the Board shall always be available or

accessible to take cognizance of any matter of emergency and necessary

directions required to deal with the emergency situation shall be given

by such Member to the Special Juvenile Police Unit or the local police

of the district. The Principal Magistrate shall draw up a monthly duty

roster of the Members who shall be so available and accessible every

day, including on Sundays and holidays. The roster shall be circulated in

advance to all the Police Stations, the Chief Judicial Magistrate/ the District

Judge, the District Magistrate, the Committees, the District Child Protection

Unit and the Special Juvenile Police Unit.

(9) The social worker Members of the Board shall be paid not

less than ` 1,500 per sitting which shall include sitting allowance, travel

allowance and any other allowance, as the Government may prescribe.

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

Government.

PART–II]

LA GAZETTE DE L'ETAT

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. 1,500 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 readmission

or continuation of the child in School where the child has been

disallowed from continuing his education in a School on account

of the pendency of the inquiry or the child having stayed in a Child

Care Institution for any length of time;

(iv) interact with Boards in other districts to facilitate speedy

inquiry and disposal of cases through due process of law, including

sending a child for the purpose of an inquiry or rehabilitation to a

Board in another District or State.

(v) inspect Child Care Institutions for children in conflict with

law, issue directions in cases of any noticeable lapses, suggest

improvements, seek compliance and recommend suitable action,

including against any employee found in dereliction of duty to the

District Child Protection Unit;

(vi) maintain a suggestion box or grievance redressal box in the

premises of the Board at a prominent place to encourage inputs from

children and adults alike which shall be operated by the nominee

of the Principal Magistrate;

(vii) ensure smooth functioning of Children's Committees in the

Child Care Institutions for children in conflict with law, for realising

children's participation in the affairs and management of such Child

Care Institutions;

LA GAZETTE DE L'ETAT

[PART–II

(viii) review the Children's suggestion book at least once in a

month;

(ix) ensure that the Legal cum Probation Officer in the District

Child Protection Unit and the Union territory of Puducherry Legal

Services Authority or District Legal Services Authority extends free

legal services to a child; and

(x) deploy, if necessary, the services of student volunteers

or non-governmental organisation volunteers for para-legal and other

tasks such as contacting the parents of child in conflict with law

and collecting relevant social and rehabilitative information about

the child.

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:

PART–II]

LA GAZETTE DE L'ETAT

(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 a police lock-up and not delay the child

being transferred to the Child Welfare Police Officer from the nearest

Police Station. The Police Officer may under sub-section (2)

of section 12 of the Act send the person apprehended to an observation

home only for such period till he is produced before the Board i.e.

within twenty-four hours of his being apprehended and appropriate

orders are obtained as per rule 9 of these rules;

(ii) not hand-cuff, chain or otherwise fetter a child and shall

not use any coercion or force on the child;

(iii) inform the child promptly and directly of the charges levelled

against him through his parent or guardian and if, a First Information

Report is registered, copy of the same shall be made available to

the child or copy of the Police report shall be given to the parent

or guardian;

(iv) provide appropriate medical assistance, assistance of

interpreter or a special educator, or any other assistance which the

child may require, as the case may be;

(v) not compel the child to confess his guilt and he shall be

interviewed only at the Special Juvenile Police Unit or at a child-

friendly premises or at a child friendly corner in the Police Station,

LA GAZETTE DE L'ETAT

[PART–II

which does not give the feel of a Police Station or of being under

custodial interrogation. The parent or guardian, may be present during

the interview of the child by the Police;

(vi) not ask the child to sign any statement; and

(vii) inform the Union territory of Puducherry 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 and Childline Services with

contact details shall be prominently displayed in every Police Station.

(7) When the child is released in a case where apprehending of

the child is not warranted, the parents or guardians or a fit person in whose

custody the child alleged to be in conflict with law is placed in the best

interest of the child, shall furnish an undertaking on a non-judicial paper

in Form 2 to ensure their presence on the dates during inquiry or

proceedings before the Board.

(8) The Government shall maintain a panel of voluntary or

non-governmental organisations or persons who are in a position to provide

the services of probation, counselling, case work and also associate

with the Police or Special Juvenile Police Unit or the Child Welfare Police

Officer, and have the requisite expertise to assist in physical production

of the child before the Board within twenty-four hours and during pendency

of the proceedings and the panel of such voluntary or non-governmental

organisations or persons shall be forwarded to the Board.

PART–II]

LA GAZETTE DE L'ETAT

(9) The Government shall provide funds to the Police or Special

Juvenile Police Unit or the Child Welfare Police Officer or Case Worker

or person for the safety and protection of children and provision of food

and basic amenities including travel cost and emergency medical care

to the child apprehended or kept under their charge during the period

such children are with them.

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

the Board.— (1) When the child alleged to be in conflict with law is

apprehended, he shall be produced before the Board within twenty-four

hours of his being apprehended, along with a report explaining the reasons

for the child being apprehended by the Police.

(2) On production of the child before the Board, the Board may

pass orders as deemed necessary, including sending the child to an

observation home or a place of safety or a fit facility or a fit person.

(3) Where the child produced before the Board is covered under

section 83 of the Act, including a child who has surrendered, the Board

may, after due inquiry and being satisfied of the circumstances of the

child, transfer the child to the Committee as a child in need of care and

protection for necessary action, and or pass appropriate directions for

rehabilitation, including orders for safe custody and protection of the

child and transfer to a fit facility recognised for the purpose which shall

have the capacity to provide appropriate protection, and consider transferring

the child out of the district or out of the Union territory of Puducherry

to another State for the protection and safety of the child.

(4) Where the child alleged to be in conflict with law has not been

apprehended and the information in this regard is forwarded by the Police

or Special Juvenile Police Unit or Child Welfare Police Officer to the

Board, the Board shall require the child to appear before it at the earliest

so that measures for rehabilitation, where necessary, can be initiated, though

the final report may be filed subsequently.

(5) In case the Board is not sitting, the child alleged to be in conflict

with law shall be produced before a single Member of the Board under

sub-section (2) of section 7 of the Act.

(6) In case the child alleged to be in conflict with law cannot be

produced before the Board or even a single Member of the Board due to

child being apprehended during odd hours or distance, the child shall be

kept by the Child Welfare Police Officer in the Observation Home in

LA GAZETTE DE L'ETAT

[PART–II

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.

(7) When a child is produced before an individual Member of the

Board, and an order is obtained, such order shall be ratified by the Board

in its next meeting.

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.

PART–II]

LA GAZETTE DE L'ETAT

(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(2 of 1974) pass orders as

appropriate under section 26 of the Act.

(5) In cases of heinous offences alleged to have been committed

by a child, who has completed the age of sixteen years, the Child Welfare

Police Officer shall produce the statement of witnesses recorded by him

and other documents prepared during the course of investigation within

a period of one month from the date of first production of the child before

the Board, a copy of which shall also be given to the child or parent or

guardian of the child.

(6) In cases of petty or serious offences, the final report shall

be filed before the Board at the earliest and in any case not beyond the

period of two months from the date of information to the police, except

in those cases where it was not reasonably known that the person involved

in the offence was a child, in which case extension of time may be granted

by the Board for filing the final report.

(7) When witnesses are produced for examination in an inquiry

relating to a child alleged to be in conflict with law, the Board shall ensure

that the inquiry is not conducted in the spirit of strict adversarial proceedings

and it shall use the powers conferred by section 165 of the Indian Evidence

Act, 1872 (1 of 1872) so as to interrogate the child and proceed with

the presumptions in favour of the child.

(8) While examining a child alleged to be in conflict with law

and recording his statement during the inquiry under section 14 of the

Act, the Board shall address the child in a child-friendly manner in order

to put the child at ease and to encourage him to state the facts and

circumstances without any fear, not only in respect of the offence which

has been alleged against the child, but, also in respect of the home and social

surroundings, and the influence or the offences to which the child might have

been subjected to.

(9) The Board shall take into account, the report containing

circumstances of apprehending the child and the offence alleged to have

been committed by him and the social investigation report in Form 6

prepared by the Probation Officer or the voluntary or non- governmental

organisation, along with the evidence produced by the parties for arriving

at a conclusion.

LA GAZETTE DE L'ETAT

[PART–II

10 A.

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.

11. Completion of Inquiry.— (1) Where after preliminary assessment

under section 15 of the Act, in cases of heinous offences allegedly committed

by a child, the Board decides to dispose of the matter, the Board may

pass any of the dispositional orders as specified in section 18 of the Act.

(2) Before passing an order, the Board shall obtain a social

investigation report in Form 6 prepared by the Probation Officer or Child

Welfare Officer or social worker as ordered, and take the findings of

the report into account.

(3) All dispositional orders passed by the Board shall necessarily

include an individual care plan in Form 7 for the child in conflict with

law concerned, prepared by a Probation Officer or Child Welfare Officer

or a recognised voluntary organisation on the basis of interaction with

the child and his family, where possible.

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

of the child 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.

PART–II]

LA GAZETTE DE L'ETAT

(6) Where the Board decides to release the child in conflict with

law on probation and place him under the care of the parent or the guardian

or fit person, the person in whose custody the child is released may be

required to submit a written undertaking in Form 8 for good behaviour

and well-being of the child for a maximum period of three years.

(7) The Board may order the release of a child in conflict with

law on execution of a personal bond without surety in Form 9.

(8) In the event of placement of the child in a fit facility or special

home, the Board shall consider that the fit facility or special home is

located nearest to the place of residence of the child's parent or guardian,

except where it is not in the best interest of the child to do so.

(9) The Board, where it releases a child on probation and places

him under the care of parent or guardian or fit person or where the child

is released on probation and placed under the care of fit facility, it may

also order that the child be placed under the supervision of a Probation

Officer who shall submit periodic reports in Form 10 and the period of

such supervision shall be maximum of three years.

(10) Where it appears to the Board that the child has not complied

with the probation conditions, it may order the child to be produced before

it and may send the child to a special home or place of safety for the

remaining period of supervision.

(11) In no case, the period of stay in the special home or the place

of safety shall exceed the maximum period provided in clause (g) of sub-

section (1) of section 18 of the Act.

12. Pendency of Inquiry.— (1) For the purpose of sub-section (3)

of section 16 of the Act, the Board shall maintain a 'Case Monitoring

Sheet' of every case and every child in Form 11. The said Form shall be

kept at the top of each case file and shall be updated from time to time.

The following points shall be considered so far as 'progress of inquiry'

mentioned in Form 11 is concerned:

(i) time schedule for disposal of the case shall be fixed on the

first date of hearing;

(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.

LA GAZETTE DE L'ETAT

[PART–II

(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

(ii) District Magistrate.

(3) The District Judge shall conduct an inspection of the Board

once every quarter and appraise the performance of the Members of the

Board on the basis of their participation in the proceedings of the Board

and submit a report to the Selection Committee constituted under

rule 91 of these rules.

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

Authorities.— (1) Upon receipt of preliminary assessment from the Board

the Children's Court may decide whether there is need for trial of the

child as an adult or as a child and pass appropriate orders.

(2) Where an appeal has been filed under sub-section (1) of section 101

of the Act against the order of the Board declaring the age of the child,

the Children's Court shall first decide the said appeal.

(3) Where an appeal has been filed under sub-section (2) of section 101

of the Act against the finding of the preliminary assessment done by the

Board, the Children's Court shall first decide the appeal.

(4) Where the appeal under sub-section (2) of section 101 of the

Act is disposed of by the Children's Court on a finding that there is no

need for trial of the child as an adult, it shall dispose of the same as per

section 19 of the Act and these rules.

(5) Where the appeal under sub-section (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.

PART–II]

LA GAZETTE DE L'ETAT

(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 (2 of 1974).

(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.

LA GAZETTE DE L'ETAT

[PART–II

(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.

to:

(ca) release the child forthwith;

(cb) release the child on execution of a personal bond with

or without sureties for good behaviour;

(cc) release the child and issue directions regarding

education, vocational training, apprenticeship, employment,

counselling and other therapeutic interventions with a view

to promoting adaptive and positive behaviour, etc.;

(cd) release the child and appoint a monitoring authority

for the remainder of the prescribed term of stay. The monitoring

authority, where appointed shall maintain a Rehabilitation Card

for the child in 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.

PART–II]

LA GAZETTE DE L'ETAT

(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.

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.

14. Runaway child in conflict with law.— (1) If, a child in conflict

with law runs away from a Child Care Institution, the following action

shall be taken within twenty-four hours, namely.-

(i) the Officer-in-charge of the institution shall immediately send

a report to or approach the area Police Station or Special Juvenile

Police Unit or Child Welfare Police Officer along with the details

and description of the child, with identification marks and a photograph,

with a copy to the Board or the Children's Court and the Director

of Social Welfare;

LA GAZETTE DE L'ETAT

[PART–II

(ii) the parents or guardians shall be informed immediately;

(iii) the Officer-in-charge of the institution shall hold an inquiry

and send his report to the Board or the Children's Court and to the

Director of Social Welfare. The details of the child shall also be

uploaded on the Track Child portal.

(2) When the child is apprehended again, the said fact shall be

notified to all the persons concerned.

(3) If, the child could not be traced, then the child would be treated

as a missing child.

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 Government through a notification in the Official Gazette.

(2) The Chairperson and Members of the Committee shall be

appointed by the Government on the recommendation of the Selection

Committee under rule 91 of these rules.

(3) The Chairperson and the Members of a Child Welfare Committee

to be appointed shall not be less than thirty-five years and not more than

sixty-five years of age at the time of appointment and shall have a minimum

of seven years of experience of working with children in the field of

education, health, or welfare activities, or should be a practicing professional

with a degree in child psychology or psychiatry or social work or sociology

or human development or in the field of law or a retired judicial officer.

PART–II]

LA GAZETTE DE L'ETAT

(4) A Member of the Committee shall be eligible for appointment

of maximum of two terms, which shall not be continuous.

(5) All persons, on selection shall mandatorily be given training

under rule 93 within a period of sixty days from the date of appointment.

(6) The Chairperson and the Members may resign at any time by

giving one month's notice in writing to the Government.

17. Tenure of the Committee.— (1) The Committee shall have a

tenure of three years and the tenure of Chairperson and Members shall

be co-terminus with the tenure of the committee.

(2) Any casual vacancy in the Committee may be filled by

appointment of another person from the panel of names prepared by the

Selection Committee, and shall hold office for the remaining term of the

Committee.

18. 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 Government may prescribe but

not less than ` 1,500 per sitting.

(2) A visit to an existing Child Care Institution by the Committee

shall be considered as a sitting of the Committee.

(3) The Committee shall hold its sittings in the premises of a

children's home or, at a place in proximity to the children's home or, at

a suitable premises in any institution run under the Act for children in

need of care and protection.

(4) The Committee shall ensure that no person(s) unconnected

with the case remains present in the room when the session is in progress.

(5) The Committee shall ensure that only those person(s), in the

presence of whom the child feels comfortable, shall be allowed to remain

present during the sitting.

(6) At least one Member of the Committee shall always be available

or accessible to take cognizance of any matter of emergency and issue

necessary directions to the Special Juvenile Police Unit or local Police

of the District. For this purpose the Chairperson of the Committee shall

draw up a monthly duty roster of the Committee Members who shall be

available and accessible every day, including on Sundays and holidays.

LA GAZETTE DE L'ETAT

[PART–II

The roster shall be circulated in advance to all the Police Stations,

the Chief Judicial 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 Government

concerned issues an order in this regard:

Provided that the Government may, by notification in the Official

Gazette constitute more than one Committee in a District after giving

due consideration to the pendency of the cases, area or terrain of the

District, population density or any other consideration.

(8) On receiving information about a child or children in need

of care and protection, who cannot be produced before the Committee,

the Committee shall reach out to the child or children and hold its sitting

at a place that is convenient for such child or children.

(9) While communicating with the child, the Committee Members

shall use child friendly techniques through their conduct.

(10) The Committee shall hold its sittings in a child-friendly

premises which shall not look like a Court room in any manner and the

sitting arrangement should be such to enable the Committee to interact

with the child face to face.

(11) The Committee shall not sit on a raised platform and there

shall be no barriers, such as witness boxes or bars between the Committee

and the children.

(12) The Committee shall be provided infrastructure and staff by

the Government.

19. 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;

PART–II]

LA GAZETTE DE L'ETAT

(iii) ensure smooth functioning of Children's Committees in the

Child Care Institutions for children in need of care and protection

within its jurisdiction, for realising children's participation in the

affairs and management of the said Child Care Institutions;

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

(v) send quarterly information in Form 16 about children in need

of care and protection received by it to the District Magistrate with

all relevant details on nature of disposal of cases, pending cases

and reasons for such pendency;

(vi) wherever required, issue rehabilitation card in Form 14 to

children in need of care and protection to monitor their progress;

(vii) maintain the following records in a register:

(a) entries of the cases listed in a day and next date and the

Committee shall prepare a daily cause list of the cases before it;

(b) entries and particulars of children brought before the

Committee and details of the Child Care 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.

(viii) All information listed in clause (vii) of this rule may be

digitised and a software may be developed by the Government.

LA GAZETTE DE L'ETAT

[PART–II

CHAPTER–V

PROCEDURE IN RELATION TO CHILDREN IN NEED OF CARE AND PRODUCTION

20. Production before the Committee.— (1) Any child in need of

care and protection shall be produced before the Committee during the

working hours at its place of sitting and beyond working hours before

the Member as per the duty roster:

Provided that where the child cannot be produced before the

Committee, the Committee shall reach out to the child where the child

is located.

(2) Whoever produces the child before the Committee shall make

a report in Form 17 containing the particulars of the child as well as the

circumstances in which the child was received or found.

(3) In case of a child less than two years of age, who is medically

unfit, the person or the organisation who comes in contact with the child

in need of care and protection shall send a written report along with the

photograph of the child to the Committee within twenty-four hours

and produce the child before the Committee as soon as the child is

medically fit along with a medical certificate to that effect.

(4) The Committee after interaction with the child may issue

directions for placing the child with the parent or guardian or Children's

Home, where such Home is available in the vicinity of the Committee

before which the child is produced, and in the absence of such Home,

to direct the placing of the child in safe custody of a fit person or a fit

facility.

(5) The Committee or the Member on duty shall issue the order

for placing the child in Children's Home in Form 18.

(6) The Committee or the Member on duty shall order immediate

medical examination of the child produced before the Committee or the

member on duty, if such examination is needed.

(7) In the case of abandoned or lost or orphaned child, the

Committee, before passing an order granting interim custody of the

child pending inquiry, shall see that, the information regarding such child

is uploaded on a designated portal.

(8) The Committee may, while making an order in Form 19 for

placing a child under the care of a parent, guardian or fit person, pending

inquiry or at the time of restoration, as the case may be, direct such parent,

guardian or fit person to enter into an undertaking in Form 20.

PART–II]

LA GAZETTE DE L'ETAT

(9) Whenever the Committee orders a child to be kept in an

institution, it shall forward to the Person-in- charge of such institution,

a copy of the order of short term placement pending inquiry in Form 18

with particulars of the Child Care Institution and parents or guardian and

previous record. A copy of such order shall also be forwarded to the District

Child Protection Unit.

21. Procedure for inquiry.— (1) The Committee shall inquire into

the circumstances under which the child is produced and accordingly declare

such child to be a child in need of care and protection.

(2) The Committee shall, prima facie determine the age of the

child in order to ascertain its jurisdiction, pending further inquiry as per

section 94 of the Act, if need be.

(3) When a child is brought before the Committee, the Committee

shall assign the case to a social worker or Case Worker or Child Welfare

Officer or to any recognised non-governmental organisation for conducting

the social investigation under sub-section (2) of section 36 of the Act

through an order in Form 21.

(4) The Committee shall direct the person or organisation concerned

to develop an individual care plan in Form 7 including a suitable

rehabilitation plan. The individual care plan prepared for every child in

the institutional care shall be developed with the ultimate aim of the child

being rehabilitated and re-integrated based on the case history, circumstances

and individual needs of the child.

(5) The inquiry shall satisfy the basic principles of natural

justice and shall ensure the informed participation of the child and

the parent or guardian. The child shall be given an opportunity to be heard

and his opinion shall be taken into consideration with due regard to his

age and level of maturity. The orders of the Committee shall be in writing

and contain reasons.

(6) The Committee shall interview the child sensitively and in a

child friendly manner and will not use adversarial or accusatory words

or words that adversely impact the dignity or self-esteem of the child.

(7) The Committee shall satisfy itself through documents and

verification reports, before releasing or restoring the child, as per Form 19,

in the best interest of the child.

LA GAZETTE DE L'ETAT

[PART–II

(8) The social investigation conducted by a social worker or Case

Worker or Child Welfare Officer of the institution or any non-governmental

organisation shall be as per Form 22 and must provide an assessment

of the family situation of the child in detail, and explain in writing whether

it will be in the best interest of the child to restore him to his family.

(9) Before the Committee releases or restores the child, both

the child as well as the parents or guardians may be referred to the

Counsellor.

(10) The Committee shall maintain proper records of the children

produced before it including medical reports, social investigation report,

any other report(s) and orders passed by the Committee in regard to the

child.

(11) In all cases pending inquiry, the Committee shall notify the

next date of appearance of the child not later than fifteen days of the

previous date and also seek periodic status report from the social worker

or Case Worker or Child Welfare Officer conducting investigation on

each such date.

(12)

In all cases pending inquiry, the Committee shall direct the

person or institution with whom the child is placed to take steps for

rehabilitation of the child including education, vocational training, etc.,

from the date of first production of the child itself.

(13) Any decision taken by an individual Member, when the

Committee is not sitting, shall be ratified by the Committee in its next

sitting.

(14) At the time of final disposal of a case, there shall be at least

three Members present including the Chairperson, and in the absence of

Chairperson, a Member so nominated by the Chairperson to act as such.

(15)

The Committee shall function cohesively as a single Body

and as such shall not form any sub- committees.

(16) Where a child has to be sent or repatriated to another District

or State or Country the Committee shall direct the District Child Protection

Unit to take necessary permission as may be required, such as approaching

the Foreigners Regional Registration Offices and Ministry of External

Affairs for a no-objection certificate, contacting the counterpart Committee,

or any other voluntary organisation in the other District or State or Country

where the child is to be sent.

PART–II]

LA GAZETTE DE L'ETAT

(17) At the time of final disposal of the case, the Committee shall

incorporate in the order of disposal, an individual care plan in Form 7

of such child prepared by the social worker or Case Worker or Child

Welfare Officer of the institution or any non-governmental organisation,

as the case may be.

(18) While finally disposing of the case, the Committee shall give

a date for follow-up of the child not later than one month from the date

of disposal of the case and thereafter, once every month for the period

of first six months and thereafter, every three months for a minimum of

one year or till such time as the Committee deems fit.

(19) Where the child belongs to a different District, the Committee

shall forward the age declaration, case file and the individual care plan

to the Committee of the District concerned which shall likewise follow-

up the individual care plan as if, it had passed such disposal order.

(20) The individual care plan shall be monitored by means of a

rehabilitation card in Form 14 issued for the purpose by the Committee

passing the disposal order and which shall form part of the record of

the Committee which follow up the implementation of the individual care

plan. Such rehabilitation card shall be maintained by the Rehabilitation-

cum-Placement Officer.

(21) All orders passed by the Committee in respect of a child in

need of care and protection shall also be uploaded on the designated portal

with due regard to the confidentiality and privacy of the child.

(22) When a parent or guardian, wishes to surrender a child under

sub-section (1) of section 35 of the Act, such parent or guardian shall

make an application to the Committee in Form 23. Where such parent

or guardian is unable to make an application due to illiteracy or any other

reason, the Committee shall facilitate the same through the Legal Aid

Counsel provided by the State Legal Services Authority, the deed of

surrender shall be executed as per Form 24.

(23) The inquiry under sub-section 3 of section 35 of the Act shall

be concluded by the Committee expeditiously and the Committee shall

declare the surrendered child as legally free for adoption after the expiry

of sixty days from the date of surrender.

LA GAZETTE DE L'ETAT

[PART–II

(24) In case of orphan or abandoned child, the Committee shall

make all efforts for tracing the parents or guardians of the child and on

completion of such inquiry if, it is established that the child is either an

orphan having no one to take care, or abandoned, the Committee shall

declare the child legally free for adoption.

(25) In case an abandoned or orphan child is received by a Child

Care Institution including a Specialised Adoption Agency, such a child

shall be produced before the Committee within twenty-four hours (excluding

the time necessary for the journey) along with a report in Form 17

containing the particulars and photograph of the child as well as the

circumstances in which the child was received by it and a copy of such

report shall also be submitted by the Child Care Institution or a Specialised

Adoption Agency to the local Police Station within the same period.

(26) The Committee shall issue an order in Form 18 for short

term placement and interim care of the child, pending inquiry under section

36 of the Act.

(27) The Committee shall use the designated portal to ascertain

whether the abandoned child or orphan child is a missing child while causing

the details of the orphan or the abandoned child to be uploaded.

(28) The Committee, after taking into account the risk factors,

and in the best interest of the child, may direct the publication of the

particulars and photograph of an orphan or abandoned child in national

newspapers with wide circulation within seventy-two hours from the

time of receiving the child for the purposes of tracing out the biological

parents or the legal guardian(s).

(29) The Committee, after making inquiry as per the provisions

of the Act, shall issue an order in Form 25 declaring the abandoned or

orphan child as legally free for adoption and send the same information

to the Authority.

(30) Where the parents of the child are traced, the procedure for

restoration of the child shall be as per rule 86 of these rules.

22. 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:

PART–II]

LA GAZETTE DE L'ETAT

(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 Selection Committee constituted under rule 91

of these rules.

CHAPTER–VI

REGABILITATION AND SOCIAL RE-INTEGRATION

23. Manner of Registration of Child Care Institutions.— (1) All

institutions running institutional care services for children in need of

care and protection or children in conflict with law, whether run by the

Government or voluntary organisation, shall be registered under sub-section

(1) of section 41 of the Act, irrespective of being registered or licensed

under any other Act for the time being in force.

(2) All such institutions shall make an application in Form 27

together with a copy each of rules, Bye- laws, Memorandum of Association,

list of Governing Body, Office Bearers, list of Trustees, Balance Sheet

of preceding three years, Statement of past record of social or public

service provided by the institution to the State Government and a declaration

from the person or the organisation regarding any previous conviction

record or involvement in any immoral act or in an act of child abuse or

employment of child labour or that it has not been black listed by the

Central or State Government;

(3) The Union Territory of Puducherry Child Protection Society

or an authorized officer of the Department of Social Welfare 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, are satisfied and

LA GAZETTE DE L'ETAT

[PART–II

that the details furnished in the application are correct may then recommend

to the Director of Social Welfare/Member-Secretary (UTPCPS).

The Director of Social Welfare/Member-Secretary (UTPCPS) if satisfied,

may issue a registration certification to such institution under sub-section (1)

of section 41 of the Act in Form 28.

(4) The Government, may not grant provisional registration where

adequate facilities do not exist in the institution applying for registration

and the Government shall issue an order before the expiry of one month

from the date of receipt of the application that the institution is not entitled

for even provisional registration.

(5) The Government, while taking a decision on the application

for registration, may consider the following namely:

(i) registration of the organisation under any law for the time

being in force;

(ii) details of physical infrastructure, water and electricity

facilities, sanitation and hygiene, recreation facilities;

(iii) financial position of the organization and maintenance

of documents along with audited statement of accounts for the

previous three years;

(iv) resolution of the Governing Body to run the institution

or an open shelter;

(v) plan to provide services for children such as medical,

vocational, educational, counselling, etc., in case of new applicants

and details of such services provided in case of existing institutions;

(vi) arrangements of safety, security and transportation;

(vii) details of other support services run by the organisation;

(viii) details of linkages and networking with other governmental,

non-governmental, corporate and other community based agencies

on providing need-based services to children;

(ix) details of existing staff with their qualification and

experience;

(x) details of registration under Foreign Contribution Regulation

Act and funds available, if any;

PART–II]

LA GAZETTE DE L'ETAT

(xi) a declaration from the person or the organisation

regarding any previous conviction record or involvement in

any immoral act or in an act of child abuse or employment of

child labour;

(xii) any other criteria as prescribed by the Government.

(6) The Government shall conduct a detailed inspection where

provisional registration has been granted or review annually after registration

under sub-section (1) of section 41 of the Act, of the facilities, staff,

infrastructure and compliance with the standards of care, protection,

rehabilitation and reintegration services and management of the institution

or the organisation as laid down under the Act and the rules.

(7) If, the inspection or the annual review reveals that there

is unsatisfactory compliance with the standards of care, protection,

rehabilitation and reintegration services and management of the institution

as laid down under the Act and the rules or the facilities are inadequate,

the Government may, at any time, serve notice on the management of

the institution and after giving an opportunity of being heard, declare within

a period of sixty days from the date of the detailed inspection or annual

review as the case may be, that the registration of the institution or

organisation, shall stand withdrawn or cancelled from a date specified

in the notice and from the said date, the institution shall cease to be an

institution registered under sub-section (1) of section 41of the Act.

(8) When an institution ceases to be an institution registered under

the Act or has failed to apply for registration within the time frame laid

down in the said provision or has not been granted provisional registration,

the said institution shall be managed by the Government or the children

placed therein shall be transferred by the order of the Board or the

Committee, to some other institution, registered under sub-section (1)

of section 41 of the Act.

(9) All institutions shall be bound to seek renewal of registration

three months prior to the expiry of the period of registration and in case

of their failure to seek renewal of registration before the expiry of the

period of registration of the institution, the institution shall cease to be

an institution registered under sub-section (1) of section 41 of the Act

and provisions of sub-rule (8) of this rule shall apply.

(10) An application for renewal of registration of an institution

shall be disposed of within sixty days from the date of receipt of application.

LA GAZETTE DE L'ETAT

[PART–II

(11) The decision on renewal of registration shall be based on the

annual review done in the year in which the renewal is sought.

(12) The Central Government shall facilitate developing

a model online system for receipt and processing of applications

and grant or cancellation of registration and in the interim the systems

existing in the States/Union Territories shall continue.

(13) Registration of an institution shall not entitle the institution

for Grant-in-aid from the State Government or Central Government.

24. Cancellation or withholding of the registration.— (1) The

Government, shall act upon, suomotu or on the recommendation of

Designated Officer, either suspend or revoke the registration granted to

a Child Care Institution on any of the grounds specified below.

(2) The Registration of a Child Care Institution under rule 23(3)

R/W 26 (4) by the Registering Authority, Director,(Social Welfare)/

Member-Secretary (UTPCPS) may be suspended on any one or more of

the following grounds, namely:-

(a) violation of any of the provisions of Juvenile Justice Act

or the rules made thereunder, relating to child care institution;

(b) furnishing false information or forged documents to District

Child Protection Unit or Government or the Authority.

Government or District Child Protection Unit or Child Welfare

Committee or Designated Officer concerned, regarding the

functioning of the Child Care Institution;

(d) Financial irregularities or malpractices

(e) misuse or diversion of grant received from the Government

for the purposes other than the purposes for which they were

received;

(f) non-compliance of instructions issued from time to time

by the Authority, Government concerned or the District Child

Protection Unit; and

(g) abuse or neglect of children in the Child Care Institution.

(3) Provided that prior to cancellation or withholding of Registration

an opportunity shall be given to Child Care Institution to show cause

within 15 days as to why action should not be taken against the Child

Care Institution.

PART–II]

LA GAZETTE DE L'ETAT

25. Registrations Terms and Conditions.— (1) The Registration

is granted subject to all provisions of the Juvenile Justice (Care and

Protection of Children) Act, 2015 and the Puducherry Juvenile Justice

(Care and Protection of Children) Rules, 2017.

(2) The Registration shall affix on a conspicuous part of the

Institution signboard on which shall be painted in large letters in English

and regional language the name of the Institution.

(3) The Registration shall not be transferable.

(4) The Registration is liable to be cancelled, if, the Home does

not satisfy the clauses as per the said rules.

26. Open Shelter.— (1) The Government may establish open shelters

by itself or through voluntary or non-governmental organisations.

(2) All organisations and persons who wish to establish open shelters

or already running open shelters shall, make an application in Form 27

to the Government for registration.

(3) The applicants shall submit a report of the need for opening

such open shelters along with a survey on the status of children indicating

the number of children where the open shelter is proposed to be established.

After proper Police verification and other inquiry as deemed necessary,

the organisation or person may be selected for running the open shelter.

(4) The open shelters shall be registered as provided under

sub-section (1) of section 41 of the Act in Form 28.

(5) The services provided in the open shelters may include day

care and night residential facilities including food, washing facilities and

toilets, and any other facility as the Government may deem fit.

(6) The capacity of an open shelter should be such as to

accommodate twenty-five to fifty children at one time and should include

a kitchen, dining facilities, bathrooms and toilets, lockers and recreational

facilities.

(7) In cases where, the agency in-charge of the Open Shelter finds

that a child may require more than short-term care and protection exceeding

twenty-four hours, such child may be produced before the Committee

for appropriate further steps.

(8) The open shelter shall not refuse admission to any child in

need of care and protection at any time.

LA GAZETTE DE L'ETAT

[PART–II

(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.

27. Foster Care.- (1) The Government may place children in need

of care and protection in foster care including group foster care through

order of the Committee for a short or extended period of time.

(2) The District Child Protection Unit shall be the nodal authority

for implementing the Foster Care Programme in a District.

(3) All decisions related to placement of a child in foster care

shall be taken by the Committee. Children in the age group of six

years and above may be considered for placement in foster care

in the circumstances mentioned in sub-rule (1) of rule 48 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) Recognising that every child has the right to grow in a family

environment, every attempt shall be made to reunite the child with his

biological family, if possible.

(9) The Committee before placing the child in foster care shall

obtain a Home Study Report of the foster family through the District

Child Protection Unit in Form 30.

PART–II]

LA GAZETTE DE L'ETAT

(10) Children with special needs may be considered either for

placement in foster family or group foster care, provided the Home Study

Report of the foster family supports their fitness or group setting has

facilities for care of such children.

(11) The number of children placed under group foster care shall

not exceed eight children in one unit including biological children of

the foster caregiver.

(12) The District Child Protection Unit, while selecting foster

family shall consider the following, namely:

(i)

both the spouses must be Indian citizens;

(ii) both the spouses must be willing to foster the same child;

(iii) both the spouses must be above the age of thirty-five years

and must be in good physical, emotional and mental health;

(iv) ordinarily the foster family should have an income with

which they are able to meet the needs of the child;

(v)

medical reports of all the members of the foster family

residing in the premises should be obtained including reports for

Human Immuno Deficiency Virus (HIV), Tuberculosis (TB) and

Hepatitis B, etc. to determine that they are medically fit; and

(vi) the foster family should have adequate space and basic

facilities.

(13) The District Child Protection Unit, while selecting Group

foster care setting shall consider the following illustrative criteria:

(i)

registration of the group setting under the Act;

(ii)

recognition as a fit facility by Committee;

(iii) existence of child protection policy; and

(iv) sufficient space and proper amenities for children.

(14) The process for selection of Foster family or group foster

setting shall be notified by the Government.

(15) The Committee shall pass the final order in Form 32 for placing

the child in foster care, specifying the period for which the child is placed

in foster care.

(16) The foster family or group foster caregiver shall sign an

undertaking for foster-care of the child in Form 33.

LA GAZETTE DE L'ETAT

[PART–II

(17) The District Child Protection Unit shall maintain a record

of each child in foster care in Form 34.

(18) The Committee shall conduct monthly inspection of the foster

families or foster caregivers in Form 35 to check the well-being of the

child.

(19) The foster family or group foster caregiver 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.

PART–II]

LA GAZETTE DE L'ETAT

28. Sponsorship.— (1) The Government shall prepare sponsorship

programmes, which may include:

(i)

individual to individual sponsorship;

(ii)

group sponsorship;

(iii)

community sponsorship;

(iv)

support to families through sponsorship; and

(v)

support to Children Homes and Special Homes

(2) The sponsorship programme shall be implemented by the District

Child Protection Unit which shall provide a panel of persons or families

or organisations interested in sponsoring a child.

(3) The panel will list sponsors according to the area of interest

such as education, medical support, nutrition, vocational training, etc.,

and the nature of sponsorship.

(4) The District Child Protection Unit shall forward the panel to

the Board or the Committee or the Children's Court.

(5) The Board or the Committee or the Children's Court may

suo motu, or on an application received in that behalf, consider the placement

of a child under sponsorship for which purpose it shall verify from the

panel whether a sponsor is available to support such child and pass an

order for placement of the child under sponsorship in Form 36.

(6) The District Child Protection Unit, in case of individual

sponsorship, shall open an account in the name of the child to be operated

preferably by the mother. The money shall be transferred directly from

the bank account of the District Child Protection Unit to the bank account

of the child.

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

three years.

29. After Care of Children Leaving Institutional Care.— (1) The

Government shall prepare a programme for children who have to leave

Child Care Institutions on attaining eighteen years of age by providing

for their education, giving them employable skills and placement as well

as providing them places for stay to facilitate their re-integration into

the mainstream of society.

LA GAZETTE DE L'ETAT

[PART–II

(2) Any child who leaves a Child Care Institution may be provided

after care till the age of twenty-one years on the order of the Committee

or the Board or the Children's Court, as the case may be, as per Form 37

and in exceptional circumstances ,for two more years on completing

twenty-one years of age .

(3) The District Child Protection Unit shall prepare and maintain

a list of organisations, institutions and individuals interested in providing

after care as per their area of interest such as education, medical support,

nutrition, vocational training, etc., and the same shall be forwarded to

the Board or the Committee and all Child Care Institutions for their record.

(4) The Probation Officer or the Child Welfare Officer or Case

Worker or social worker, shall prepare a post release plan and submit

the same to the Board or the Committee, two months before the child

is due to leave the Child Care Institution, recommending after care for

such child, as per the needs of the child.

(5) The Board or the Committee or the Children's Court, while

monitoring the post release plan will also examine the effectiveness

of the aftercare programme, particularly whether it is being utilized

for the purpose for which it has been granted and the progress made by

the child as a result of such after-care programme.

(6) Children who are placed in after care programme, shall be

provided funds by the Government for their essential expenses; such funds

shall be transferred directly to their bank accounts.

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

include:

(i) community group housing on a temporary basis for groups

of six to eight persons;

(ii) provision of stipend during the course of vocational training

or scholarships for higher education and support till the person

gets employment;

(iii) arrangements for skill training and placement in commercial

establishments through coordination with National Skill

Development Programme, Indian Institute for Skill Training

and other such Central or State Government programmes and

corporates, etc.;

PART–II]

LA GAZETTE DE L'ETAT

(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 or

institutional support.

30. 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.

(a) A Selection Committee shall be constituted to monitor the

appointment/removal of the staff personal in the Child Care

Institutions, who are receiving grant-in-aid under the Integrated Child

Protection Scheme

The Selection Committee shall consist of:-

(i)

The Director/Member-Secretary (UTPCPS) . . Chairperson

(ii)

Field Officer/Programme Manager

. . Member

(iii) Person in-charge in respective CCI

. . Convenor

(b) The staff/personal in a Child Care Institution shall be engaged

by the Person-in-charge of Child Care Institution in accordance with

prior approval of the Selection Committee.

(4) In case of Child Care Institutions housing girls, only female

person-in charge and staff shall be appointed.

LA GAZETTE DE L'ETAT

[PART–II

(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:

Sl.

Personnel/Staff

Number

No.

(1)

(2)

(3)

Person-in-charge (Superintendent)

Probation Officer/Child Welfare Officer/Case

Workers (NGOs) A Child Welfare Officer may be

designated as Rehabilitation-cum-Placement Officer

Counselor/Psychologists/Mental health expert

House Mother/House Father

Educator/Tutor

(Part time)

Medical Officer (Physician)

(on call)

Para-medical staff/Staff Nurse/Nursing Orderly

Store-keeper-cum-Accountant

Art and Craft and Activity Teacher

(Part time)

PT Instructor-cum-Yoga trainer

(Part time)

Cook

Helper

House-keeping

Driver

Gardener

(Part time)

(8) In case of institutions housing infants, provision for ayahs and

paramedical staff shall be made as per need.

PART–II]

LA GAZETTE DE L'ETAT

(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.

31. 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:

LA GAZETTE DE L'ETAT

[PART–II

Provided that any person associated with such institution or

organisation should not have been convicted of an offence or have been

involved in any immoral act or in act of child abuse or employment of

child labour or in an offence involving moral turpitude.

(5) A decision on the application for recognition of an institution

or organisation shall be taken by the Board or the Committee within a

period of fifteen days from the date of receipt of the application.

(6) The recognition to an institution or an organisation as a fit

facility shall be initially for a period of three years which may be renewed

for a further period of three years in accordance with sub-rule (4) of

this rule.

(7) The Board or the Committee may, if dissatisfied with the standard

of care and protection provided, or conditions prevailing in the facility,

or the management of the institution or the organisation recognised under

the Act or on an adverse report made by an Inspection Committee appointed

under section 54 of the Act, or for any other reason, at any time, by a

reasoned order, withdraw the recognition of the institution or the organisation

as a fit facility and from the date specified in the order of the Board or

the Committee, the institution or the organisation shall cease to be a fit

facility recognized under the Act and the rules.

(8) Where the recognition of a fit facility is withdrawn by the

Board or the Committee, intimation of the same shall be sent to the

Children's Court, Special Juvenile Police Unit and District Child Protection

Unit and the children placed with such an institution or organisation

may be placed by the Board or the Committee or the Children's

Court to another fit facility or any other Child Care Institution.

(9) A list of fit facilities approved by the Board or the Committee

shall be kept in that office and be sent to the Children's Court, Special

Juvenile Police Unit, the District Child Protection Unit and the Union

Territory of Puducherry 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)

deaddiction and rehabilitation;

PART–II]

LA GAZETTE DE L'ETAT

(v)

education;

(vi)

vocational training and skill development;

(vii)

witness protection; and

(viii)

group foster care.

(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.

32. Fit Person.— (1) Any individual who is fit to temporarily receive

a child for care, protection or treatment, for a period as may be necessary,

may be recognised by the Board or the Committee as a fit person.

(2) The Board or the Committee may identify a panel of persons

on the basis of their credentials, respectability, expertise, professional

qualifications, experience of dealing with children and their willingness

to receive the child and shall recognise them as fit persons for the purposes

of the Act:

Provided that such a person should not have been accused of an

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.

LA GAZETTE DE L'ETAT

[PART–II

(5) Where the recognition of a fit person is withdrawn by the Board

or the Committee, intimation of the same shall be sent to the Children's

Court, Special Juvenile Police Unit and District Child Protection Unit

and the child placed with such a fit person may be placed by the Board

or the Committee or the Children's Court to another fit person or with

a fit facility or any Child Care Institution.

(6) A list of fit persons recognised by the Board or the Committee

shall be kept in the office of the Board and the Committee and the Children's

Court and be sent to the Special Juvenile Police Unit, the District Child

Protection Unit and the State Child Protection Society.

(7) The Board or the Committee or the Children's Court may place

the child with a fit person in cases wherever required, including where

the child cannot be sent to a Child Care Institution due to distance and/

or odd time.

(8) The fit person shall:

(i) have the capacity and willingness to receive the child; and

(ii) provide basic services for care and protection of the child.

(9) The Board or the Committee or the Children's Court, depending

on the need of the child and in consultation with the fit person shall determine

the period for which a child shall remain with the fit person.

(10) The child shall not be placed with a fit person for a period

exceeding thirty days and in such cases where the child requires further

care, the Committee may consider the placement of the child in foster

care or may consider other rehabilitative alternatives for the child. The

Board or the Children's Court in such cases where the period of placement

of the child may exceed thirty days, refer the matter to the Committee

for further orders in respect of the child.

33. 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.

PART–II]

LA GAZETTE DE L'ETAT

(ii) Special Home:

(a) separate special homes for girls above the age of 10 years

and boys in the age groups of 11 to 15 and 16 to 18 years;

(b) classification and segregation of children on the basis of

age and nature of offences and their 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;

offence when they were below the age of 18 years pending inquiry;

(d) for persons above 18 years found to be involved in offence

upon completion of inquiry;

(e) for children as per the orders of the Board under clause (g)

of sub-section (1) of section 18 of the Act.

(iv) Children's Home:

(a) while children of both sex below 10 years may be kept

in the same home, separate bathing and sleeping facilities shall

be maintained for boys and girls in the age group of 5-10 years;

(b) separate children's homes for boys and girls in the age

group of 7-11 years and 12- 18 years;

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 Government, for use by both the

staff and children residing therein.

(4) Each Child Care Institution shall have a Management

Committee for the management of the institution and monitoring the

progress of every child in the home.

LA GAZETTE DE L'ETAT

[PART–II

(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 Bathrooms

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-

harge room 200 sq.ft.

(xii)

Counselling and

120 sq.ft.

Guidance room

(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.

(xv)

2 rooms for Juvenile Justice

300 sq. ft each i.e., 600 sq.ft.

Board or Child Welfare

Committee.

(xvi)

Playground

Sufficient area according to total

number of children.

Total

8495 sq.ft.

PART–II]

LA GAZETTE DE L'ETAT

(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;

LA GAZETTE DE L'ETAT

[PART–II

(vii)

chairs and tables for study and dining hall;

(viii) projector.

34. 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

Sl.

Article

Quantity to be provided per child

No.

(1)

(2)

(3)

Mattress

1 at the time of admission and subsequently

1 after every 1 year.

Cotton Durry

2 at the time of admission and

subsequently 2 after every 2 years.

Cotton bed sheets

2 at the time of admission and

subsequently 1 after every 6 months.

Pillow (Cotton stuffed)

1 at the time of admission and

subsequently 1 after every 1 year.

Pillow covers

1 at the time of admission and

subsequently 1 after every 1 year.

Cotton blankets/Khes

2 at the time of admission and

subsequently 1 after every 2 years.

Cotton filled quilt

1 at the time of admission and

subsequently 1 after every 2 years

(in cold region in addition to the

blankets).

Mosquito net

1 at the time of admission and

subsequently 1 after every 6 months.

Cotton towels

2 at the time of admission and

subsequently 1 after every 3 months.

PART–II]

LA GAZETTE DE L'ETAT

B. CLOTHING FOR GIRLS

Sl.

Article

Quantity per child

No.

(1)

(2)

(3)

Skirts and Blouse or Salwar Kameez

5 sets per year for girls

or Half Sari with Blouse and Petticoat.

depending on age and

regional preferences.

Age appropriate undergarments

3 sets every quarter.

Sanitary Towels

12 packs per year for

older girls.

Woollen Sweaters (full sleeves)

2 sweaters yearly.

Woollen Sweaters (Half sleeves)

2 sweaters yearly.

Woollen Shawls

1 per year.

Nightwear

2 sets every 6 months.

B. CLOTHING FOR BOYS

Sl.

Article

Quantity per child

No.

(1)

(2)

(3)

Shirts

2 at the time of admission

and subsequently 1 after

every 6 months.

Shorts

2 at the time of admission

and subsequently 1 after

every 6 months for younger

boys.

Pants

2 at the time of admission

and subsequently 1 after

every 6 months for older

boys.

Age appropriate undergarments

3 sets every quarter.

Woollen jerseys(full sleeves)

2 yearly.

Woollen jerseys (half sleeves)

2 yearly.

Woollen Caps

1 in 1 year.

Kurta Pyjama for night wear

2 sets every 6 months.

LA GAZETTE DE L'ETAT

[PART–II

C. MISCELLANEOUS ARTICLES

Sl.

Article

Quantity per child

No.

(1)

(2)

(3)

Slippers

1 pair at the time of admission and

subsequently after every 6 months.

Sports shoes

1 pair at the time of admission and

subsequently 1 pair after every 1 year.

School uniform

2 sets every six months for children

attending Schools.

School bag

1 every year for children attending Schools.

School shoes

1 pair at the time of admission in School

and subsequently 1 pair after every 6 months.

Handkerchiefs

2 at the time of admission and subsequently

2 after every 2 months.

Socks

3 pairs every six months.

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 half sari or one salwar kameez or one white skirt and one white

blouse, a pair of white canvas shoes and a blazer.

(3) In every hospital attached to the institution where there is

provision for in-patient cots, the following scale has to be followed:

Sl.

Night clothing and bedding

Scale for supply

No.

(1)

(2)

(3)

Mattress

One per bed per 3 years

Cotton bed sheets

Four per bed per year

Pillows

One per bed per two year

Pillow covers

Four per bed per year

Woollen blankets

One per bed per 2 years

Pyjamas and loose shirts

3 pairs per child per year

(hospital type for boys).

Skirts and blouses or salwar

3 pairs per child per year

kameez for girls.

Cotton durry

One per bed per three years

PART–II]

LA GAZETTE DE L'ETAT

(4) Toiletry: Every resident of the Child Care Institution shall be

issued oil, soap and other material as per the following scale:

Sl.

Items

Quantity to be issued per child

No.

(1)

(2)

(3)

Hair Oil for grooming the hair

100 ml. per month

Toilet soap/handwash

2 bars of 100 gms. per month

Tooth brush

1 in every 3 months.

Toothpaste

100 gm. (a tube) per month

Comb

1 in every 3 month.

Shampoo sachets

8 in a month (10 ml./per

sachet).

Bathing soap

2 bars of 125 gms. per month

Hair clip/ band

2 bands in 3 month

Moisturiser or cold cream

250 ml. in a month

(during winters).

(5) For washing of clothes and towels, bedsheet, 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:

Sl.

Items

Scale of Supply

No.

(1)

(2)

(3)

Broom stick

25 to 40 per month depending on the

area of the institution.

Pesticide spray

As per the institution Doctor's advice.

LA GAZETTE DE L'ETAT

[PART–II

(1)

(2)

(3)

3 Effective bugs killing agent

As required.

4 Phenyl and cleaning acid

Depending on the area of lavatories to

be (daily) cleaned as per institution

Doctor's advice.

5 Mosquito repellent machines 2 per room per month with adequate

fillets.

35. 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 everyday;

PART–II]

LA GAZETTE DE L'ETAT

(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.

36. 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.

37. 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) nevery Child Care Institution shall strictly adhere to the

minimum nutritional standard and diet scale suggested as specified

below:

Sl.

Name of the articles of diet

Scale per head per day

No.

(1)

(2)

(3)

1 Rice/Wheat/Ragi/Jowar

600 gms. (700 gms. for16-18 yrs age)

of which atleast 100 gms. to be either

wheat or ragi or jowar or rice.

2 Dal/Rajma/ Chana

120 gms.

LA GAZETTE DE L'ETAT

[PART–II

Edible oil

25 gms.

Onion

25 gms.

Salt

25 gms.

Turmeric

05 gms.

Coriander seed powder

05 gms.

Ginger

05 gms.

Garlic

05 gms.

Tamarind/ Mango powder

05 gms.

Milk (at breakfast)

150 ml.

Dry chillies

05 gms.

Vegetables leafy

100 gms.

non-leafy.

130 gms.

Curd or butter milk

100 gms/ml.

Chicken once a week or

115 gms.

Eggs 4 days

Jaggery and Ground Nut Seeds or60 gms. each (100 gms. for paneer)

Paneer (vegetarian only) Once in a week.

Sugar

40 gms.

Tea/Coffee

5 gm.

Sooji/Poha

150 gms.

Ragi

150 gms.

Following items for 50 Children per day

Pepper

25 gms.

Jeera seeds

25 gms.

Black gram dal

50 gms.

Mustard seeds

50 gms.

Ajwain seeds

50 gms.

On Chicken Day, for 10 Kg. of Chicken

Garam Masala

10 gms.

Kopra

150 gms.

KhasKhas

150 gms.

Groundnut oil

500 gms.

For Sick Children

Bread

500 gms.

Milk

500 ml.

Khichadi

300 gms.

(1)

(2)

(3)

PART–II]

LA GAZETTE DE L'ETAT

Other Items:

33. 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

with either 60 gms. of jaggery and 60 gms. of groundnut seeds per

head in the shape of laddus or any other sweet dish or 100 gms. paneer;

(iii) leafy vegetables such as Fenugreek (Methi), Spinach (Palak),

Sarson (Mustard leaves) GonguraThotakura 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) upma/idly/dosa/pongal/Chapattis made of wheat or ragi or

any other dish;

(b) chutneys from fresh curry leave or fresh coriander or

Coconut or Gongura and Putnadal, etc., dal or vegetable may be

issued as a dish;

(d) any seasonal fruit in sufficient quantity.

LA GAZETTE DE L'ETAT

[PART–II

(ii) Lunch at 12.30 to 1.30 p.m. and Dinner-7.00 p.m. to 8.00 p.m.

(a) rice or chapattis or combination of both;

(b) vegetable curry;

(d) 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);

(d) Children's Day (14th November);

(e) National festivals;

(f) Local festivals;

(g) Annual Day of the Child Care Institution.

38. 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:

PART–II]

LA GAZETTE DE L'ETAT

(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) every institution to have first aid kit and all staff be trained

in handling first aid;

(vii) make necessary arrangements for the immunization of

children;

(viii) take preventive measures in the event of out-break of

contagious or infectious diseases;

(ix) keep sick children under constant medical supervision;

(x) 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;

(xi) 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

LA GAZETTE DE L'ETAT

[PART–II

(xii) refer such children who require specialised drug de-addiction

and rehabilitation programme, to an appropriate centre administered

by qualified persons 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 Government through the District Child Protection Unit

shall make provisions for those children diagnosed with special problems

such as hormonal problems, immuno-compromised diseases, physical and

mental disabilities on the recommendation of the Medical Officer.

The children shall be kept in special care homes or hospitals and avail

necessary medical/psychiatric and psychological support or treatment.

(7) All girls who have attained puberty shall undergo health

assessment to detect iron deficiency. Necessary dietary plan and medicines

shall be prescribed by the nutritionist and appointed Doctor, if need be.

(8) A psycho-social profile of every child shall be maintained by

the Child Care Institution and updated every month. Special observations

may be recorded, when required. Person-in-charge of the institution shall

ensure that any recommendations made shall be duly complied with.

39. Mental Health.— (1) The environment in an institution shall

be free from abuse, allowing children to cope with their situation and

regain confidence.

(2) All persons involved in taking care of the children in an

institution shall participate in facilitating an enabling environment and

work in collaboration with the therapists as needed.

(3) Milieu based interventions and individual therapy are must for

every child and shall be provided in all institutions.

PART–II]

LA GAZETTE DE L'ETAT

Explanation. For the purpose of this sub-rule, "milieu based

intervention" is a process of recovery, which starts through providing an

enabling culture and environment in an institution so as to ensure that

each child's abilities are discovered and they have choices and right to

take decisions regarding their life and thus, develop and identify beyond

their negative experiences, such intervention which has a critical

emotional impact on the child.

(4) Individual therapy is a specialised process and each institution

shall make provisions for it as a critical mental health intervention.

(5) Every institution shall have the services of trained counselors

or collaboration with external agencies such as child guidance centres,

psychology and psychiatric departments or similar Government and non-

Governmental agencies, for specialised and regular individual therapy for

the child,

(6) The recommendations of mental health experts shall be

maintained in every case file, as required.

(7) No child shall be administered medication for mental

health problems without a psychological evaluation and diagnosis by

trained mental health professionals.

(8) Medicines should be administered to the children only by trained

medical staff and not by any other staff of the Home.

40. 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.

LA GAZETTE DE L'ETAT

[PART–II

(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.

41.

Vocational Training.— (1) Every Child Care Institution

shall provide gainful vocational training to children according to their

age, aptitude, interest and ability, both inside or outside the Child Care

Institution.

(2) Vocational training shall include occupational therapy, skill

and interest based training, aimed at suitable placement at the end of the

course. The institute, preferably Government recognised, providing vocational

training shall give a certificate, on the completion of the course.

(3) Where vocational training is offered outside the premises of

the Child Care Institution, children shall be escorted for such programmes

with proper security planning and services, particularly for children who

are at risk.

(4) A record shall be maintained for all children attending the

programmes and the progress made by each child shall be reviewed. The

report in that regard shall be submitted to the Board or the Committee

or the Children's Court, as the case may be, on a quarterly basis.

42. 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.

PART–II]

LA GAZETTE DE L'ETAT

(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.

43. 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

. . Chairperson

(District Child Protection Unit).

(ii)

Person-in-charge

. . Member-

Secretary.

(iii)

Probation Officer or Child Welfare

. . Member

Officer or Case Worker.

(iv)

Medical Officer

. . Member

(v) Psychologist or Counsellor

. . Member

(vi)

Workshop Supervisor or Vocational

. . Member

Instructor.

(vii)

Teacher

. . Member

(viii)

Social Worker Member of the Board

. . Member

or the Committee.

(ix)

Two child representatives from each

. . Members

of the Children's Committees.

(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;

LA GAZETTE DE L'ETAT

[PART–II

(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.

PART–II]

LA GAZETTE DE L'ETAT

(6) The key of the Children's Suggestion Box shall remain in the

custody of the Chairperson of the Management Committee and shall

be checked every week by the Chairperson of the Management

Committee or his representative from District Child Protection Unit, in

the presence of the Members of the Children's Committees.

(7) If, there is a problem or suggestion that requires immediate

Attention, the Chairperson of the Management Committee shall call

for an emergency meeting of the Management Committee to discuss and

take necessary action.

(8) The quorum for conducting emergency meetings shall be five

Members, including two Members of Children's Committees, Chairperson

of the Management Committee, Member of the Board or the

Committee, as the case may be, and the Person-in-charge of the Child

Care Institution.

(9) In the event of a serious allegation or complaint against the

Person-in-charge of the institution, he shall not be part of the emergency

meeting and another available Member of the Management Committee

shall be included in his place.

(10) All suggestions received through the suggestion box and action

taken as a result of the decisions made in the emergency meeting or action

required to be taken shall be placed for discussion and review in the monthly

meeting of the Management Committee.

(11) A Children's Suggestion Book shall be maintained in every

institution where the complaints and action taken by the Management

Committee are duly recorded and such action and follow up shall be

communicated to the Children's Committees after every monthly meeting

of the Management Committee.

(12) The Board or Committee shall review the Children's Suggestion

Book at least once a month.

(13) The complaint box shall be accessible by the Chairperson

of the Committee or any other person authorised by him.

44. 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.

LA GAZETTE DE L'ETAT

[PART–II

(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 stationery,

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

Category

Rehabilitation and

No.

restoration plan

of the child

(1)

(2)

(3)

Child's expectation from care and protection

Health and nutrition

Emotional and psychological

Educational and training

Leisure, creativity and play

Attachments and inter-personal relationships

Religious belief

Self care and life skill training for protection

from all kinds of abuse, neglect and

maltreatment.

Independent living skills

Any other

184

LA GAZETTE DE L'ETAT

[PART–II

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

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………………......…………………......…

D. POST-RELEASE/RESTORATION

REPORT OF THE CHILD

Status of Bank Account

: Closed/Transferred

Earnings and belongings of the child: handed

: Yes/No

over to the child or his parents/guardians-

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.

P ro gress mad e with reference to :

Rehabilitation and Restoration Plan.

Family's behavior/attitude towards the child :

185

PART–II]

LA GAZETTE DE L'ETAT

Social milieu of the child, particularly :

attitude of neighbours/community.

How is the child using the skills acquired :

Whether the child has been admitted to a

: Yes/No

School or vocation? Give date and name of

the School/Institute/any other agency.

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

[Instruction: Please verify with the physical documents]

Date :

Signature of the Probation Officer/Child Welfare Officer,

Place:

Stamp and Seal where available

FORM 8 [Rule 11(6)]

UNDERTAKING/BOND TO BE EXECUTED BY A PARENT/

GUARDIAN/ /FIT PERSON IN WHOSE CARE A CHILD IN

CONFLICT WITH LAW IS PLACED

Whereas I, ……………………. being the parent, guardian, relative

or fit person under whose care………………………..(name of the child)

has

been

ordered

placed

the

Juvenile

Justice

Board………………………… having been directed by the said Board to

execute an undertaking/bond with surety in the sum of `………../

IDENTITY CARDS

Present status (Please tick whichever is

applicable)

Yes

Action taken

Birth Certificate

School certificate

Caste certificate

BPL Card

Disability Certificate

Immunization card

Ration Card

Adhaar Card

Received compensation from

Government

Card

186

LA GAZETTE DE L'ETAT

[PART–II

(Rupees………………………………..……………) or without surety, I hereby

bind myself to be responsible for the good behavior and well-being of

the said ………………….and to observe the following conditions for a period

of ………………… years with effect from …………………………...

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

intimation in writing 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 `.……………../

(Rupees…………………………….).

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

Signature of person executing the Undertaking/Bond.

(Signed before me)

Principal Magistrate/ Member, Juvenile Justice Board.

187

PART–II]

LA GAZETTE DE L'ETAT

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 jointly or severally to forfeit to government

the sum of

`………………/ (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 11(7)]

PERSONAL BOND BY CHILD

Whereas I, ……………………inhabitant of……………………..(give

full particulars such as house number, road, village/town, tehsil, district,

State, Union Territory) 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;

188

LA GAZETTE DE L'ETAT

[PART–II

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) ………………….

Date :

Signature

Place:

Principal Magistrate/Members,

Juvenile Justice Board

FORM–10

[Rules 11 (9), 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).

189

PART–II]

LA GAZETTE DE L'ETAT

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……………………….

190

LA GAZETTE DE L'ETAT

[PART–II

(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)…....……………………....…

…....……………………....………....……………………..…....……………………

191

PART–II]

LA GAZETTE DE L'ETAT

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: ………………………………

Date :

Signature

Place:

(Probation Officer)

FORM 11

[Rule 12(1)]

CASE MONITORING SHEET

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

Juvenile Justice Board, District………………

Case No. .............................of.............................Case Name:

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

Date...........................

U/S.................................................

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

Name of Probation Officer...........

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

Name of Lawyer ...........................

Name of IO.................................

(If, not represented provide Legal

Name of Child Welfare Police

Aid Lawyer)

Officer......................................

NATURE OF OFFENCE PETTY

(maximum punishment up to three years)

SERIOUS

(maximum punishment between three to seven years)

HEINOUS

(minimum punishment for seven years or more)

192

LA GAZETTE DE L'ETAT

[PART–II

PARTICULARS OF CHILD

Name

Parents/Guardian

Present address

Permanent

with

address

(1)

(2)

(3)

(4)

DATE AND TIME CHILD APPREHENDED

DATE AND TIME OF FIRST PRODUCTION

DATE OF MEDICAL EXAMINATION UNDER SECTION 54 Cr.P.C.

AGE DETERMINATION

Age on the Date of offence

Date of age determination

Time taken for age determination

Determination by

Evidence Relied:

BOARD

COURT

Documents

Medical

CUSTODY OF THE CHILD

In Observation Home/

Date of grant of bail

Sent under supervision

Place of Safety

(Name of Institution)

From....................

To.........................

193

PART–II]

LA GAZETTE DE L'ETAT

PROGRESS OF INQUIRY

(Time schedule for disposal of the case to be fixed on the first day of

hearing)

Place:

signed by

Date :

Juvenile Justice Board

FORM 12

[Rule 12(2)]

QUARTERLY REPORT BY JUVENILE JUSTICE BOARD

District

Quarterly Report for the period: From…………… to……………

Details of JJB

Steps to be taken

Scheduled Date

Actual Date

Day 1: Social Background Report by Police (in Form No. 1)

Dated……..

Day 1: Consideration of Bail

Dated……..

Day 2: Age determination

Dated………

Day 2: SIR (Form No.6) by Probation Officer

Dated……….

Day 2: Section 173 CrPC Final Report by Police on

completion of

Investigation

Dated……….

Day 3: Submission of Report on Provisions of further

investigation, if any

Dated…………

Day 3: Section 251 CrPC Notice

Dated………….

Day 4-6: Prosecution Evidence

(From……… to…….)

Depending on the number of witnesses continuous dates may be

fixed)

Dated……..

Dated………

Dated……….

Day 7: Statement of child under Section 281 CrPC

Dated…………

Day 8: Defence Evidence

Dated………..

Day 8: Individual Care Plan (In case of child in institutional

care Individual Care Plan should be prepared within one month of

admittance

Dated………….

Day 9: Final Arguments

Dated…………

Day 10: Dispositional (Final) Order

Dated………..

Day 11: Post Dispositional Review

Dated…………

Sl.No.

Details

Date of Appointment

Training attended

Principal Magistrate

Member 1

Member 2

Member 3

Cr. PC

Investigation

Cr. PC Notice

Cr. PC

194

LA GAZETTE DE L'ETAT

[PART–II

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:

PENDENCY OF CASES

FINAL ORDER

Total number of final orders passed

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

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

Discharged

Transfer to

other JJB

Abated

Death

Repatriated

to Foreign

Country

Transferred 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)

195

PART–II]

LA GAZETTE DE L'ETAT

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 13(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

….........………………………………….............……….........…………………

….........…………………………………..........................……….........…

196

LA GAZETTE DE L'ETAT

[PART–II

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?"

197

PART–II]

LA GAZETTE DE L'ETAT

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)

Suicidality and Homicidality - 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.

198

LA GAZETTE DE L'ETAT

[PART–II

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), 13 (8) (iv) (C) (cd), 19 (vi), 21 (20), 69(3) (viii),

73 E (2), 73 I (4), 73 J (1), 73 J (3)]

REHABILITATION CARD

FIR No./Case No.

U/Sections:

PS:

Nature of Offence: heinous, serious or 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

199

PART–II]

LA GAZETTE DE L'ETAT

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 :

Admission No.

Date of Admission

Date of Provisional Release/ :

Release

Services availed under Individual Care Plan -

200

LA GAZETTE DE L'ETAT

[PART–II

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 :

201

PART–II]

LA GAZETTE DE L'ETAT

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).

2. Child's acceptance and understanding of his actions and its

consequences.

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 :

etc.

202

LA GAZETTE DE L'ETAT

[PART–II

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.

Date :

Signed by

Place:

JJB/CWC

FORM–15

[Rule 19 (1) (i)]

CASE SUMMARY

MAINTAINED BY THE CHILD WELFARE COMMITTEE

Case No…………………......………...

In Re……………………...........……...

Case Record…………………………...

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

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

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

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

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

Committee)…………………………...

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

(i)

Declaration that child is in need of care and protection.

(ii)

Finding on age of child

(iii)

Medical Examination

(iv)

Interim custody

(v)

Undertaking (by parent, guardian or fit person, if applicable)

203

PART–II]

LA GAZETTE DE L'ETAT

(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

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 :

(Signatures) Child Welfare Committee.

Place:

FORM 16

[Rules 19 (1) (v), 22(2)]

QUARTERLY REPORT BY CHILD WELFARE COMMITTEE

District:

Quarterly Report for the period: From…………… to…………… Details

of CWC.

Sl.No.

Details

Date of Appointment

Training attended

Chairperson

Member 1

Member 2

Member 3

Member 4

204

LA GAZETTE DE L'ETAT

[PART–II

Details of Cases with CWC

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–17

[Rules 20 (2), 21 (25)]

R

E

P

O

R

T

O

B

E

S

U

B

M

I

T

E

D

A

T

THE 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 ……………………….

Sl.

No.

Number of cases at the

beginning of Quarter

Number of cases

received during the

quarter

Number of

disposed of

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 CWC

Ordered to

stay in

CCI

Repatriated to

Foreign

Country

Declared legally

free for adoption

Ordered for

foster care /

sponsorship/

Aftercare

Recommend

to JJB for

filing FIR

Initiate process

of compensati

on to child, if

eligible

205

PART–II]

LA GAZETTE DE L'ETAT

(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 ……………………….

(ii)

Age ………………………....

(iii) Address………………………

(iv) Contact Number……………

(v) Occupation…………………

4. Place where the child was found……………………….

5. The details of the person (if, any) with whom the child was found:

(i)

Name……………………….

(ii)

Age……………………...….

(iii) Address…………………….

(iv)

Contact Number…………..

(v)

Occupation………………...

6. Circumstances under which the child was found ……………………….

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[PART–II

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,

provided

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 20 (5), 20 (9), 21 (26)]

ORDER OF PLACEMENT OF A CHILD IN AN INSTITUTION

(Children's Home/Fit Facility/SAA)

Case No………………………………

To,

The Officer-in-Charge,

Whereas, on the ………………day of ………………20 ………………

(name of the child) ………………, son/daughter of……………… aged

………………………………residing at ……………… being in care and

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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.

Dated this the……………… 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 20(8)]

ORDER FOR PLACEMENT OF CHILD UNDER THE CARE OF

A PARENT, GUARDIAN OR FIT PERSON PENDING INQUIRY

Case No. …….of ……………….20………………………

In Re…………………

Whereas, (name of the child)

…………………… has on

…………….(date) been found to be in need of care and protection, and

is placed under the care and supervision of (name)……………………..

(address)…………………..on executing a bond by the said …………………..

and the Committee is satisfied that it is expedient to deal with the said

child by making an order placing him/her under supervision.

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LA GAZETTE DE L'ETAT

[PART–II

Reason

for

the

child

being

produced

before

the

CWC……………………………………

…………………………………………………………………………………………………

It is hereby ordered that the said child be placed

under the supervision of (name)……………………….. (address)

………………………… for a period of ………………………………………..

This shall be subject to the following conditions that:

1. the child along with the copies of the order and

the bond, if any, executed by the said…………………………. shall

be produced before the Committee as and when required by the person

executing the 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 the…………………. day of ………………… 20………

(Signature)

Chairperson/Member

Child Welfare Committee.

Additional conditions, if any may be inserted by the Child Welfare

Committee.

209

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FORM–20

[Rule 20 (8), 21 (7)]

UNDERTAKING BY THE PARENT OR GUARDIAN OR 'FIT PERSON'

I …………………….resident of House No. ………………Street

………………………………………………Village/Town…………………District

……………………………… State …………………………………………………

do hereby declare that I am willing to take charge of (name of the child)

……………… Aged……. under the orders of the Child Welfare

Committee…………………. subject to the following terms and conditions:

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

2. I shall do my best for the welfare and education of the said child

as long as he remains in my charge and shall make proper provision for

his maintenance.

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

in the nearest hospital.

4. I agree to adhere 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 the ………………day of ………………..

Signature

Signed before Child Welfare Committee

FORM–21

[Rule 21 (3)]

ORDER FOR SOCIAL INVESTIGATION REPORT OF CHILD IN

NEED OF CARE AND PROTECTION

Child Welfare Officer/Social Worker/Case Worker/Person in-charge

of Home/Representative of Non-Governmental Organization.

210

LA GAZETTE DE L'ETAT

[PART–II

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 the ………......……day of ………....……20……………

(Signature)

Chairperson/Member

Child Welfare Committee.

FORM–22

[Rule 21 (8)]

SOCIAL INVSTIGATION REPORT FOR CHILD IN NEED OF

CARE AND PROTECTION

Sl. No……………………….

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

Case No………………………………………

Social Investigation Report Prepared by: Child Welfare Officer/Social

Worker/Case Worker/Person in-charge of Home/Representative of

Non- Governmental Organization.

Details of child in need of care and protection:

Name

Age/Date/Year of Birth

Sex

211

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LA GAZETTE DE L'ETAT

Caste

Religion

Father's name

Mother's name

Guardian's name

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 : Yes/No

abled.

(i)

Hearing impairment

(ii) Speech impairment

(iii) Physically disabled

(iv) Mentally disabled

(v)

Others (please specify)

14. Family Details:

15. Relationship among the family members:

Sl.

No.

(1)

Name and

Relationship

(2)

Age

(3)

Sex

(4)

Education

(5)

Occupation

(6)

Income

(7)

Health status

(8)

History of

Mental

Illness

(9)

Addictions

(10)

(i)

Father and mother

Cordial/ Non cordial/ Not known

(ii)

Father and child

Cordial/ Non cordial/ Not known

(iii)

Mother and child

Cordial/ Non cordial/ Not known

(iv)

Father and siblings

Cordial/ Non cordial/ Not known

(v)

Mother and siblings

Cordial/ Non cordial/ Not known

(vi)

Child and siblings

Cordial/ Non cordial/ Not known

(vii)

Child and relative

Cordial/ Non cordial/ Not known

212

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[PART–II

16. If, child is married, name, age and details of spouse and

children…………………..

…………………..…………………..…………………..…………………..………

17. History of involvement of family members in offences, if any:

18. Attitude towards religion ..…………………………………………

19. Present living conditions..………………………………..…………

20. Other factors of importance if, any..………………………..........

21. Habits of the child

22. Extra-curricular interests …………………………………….……

23. Outstanding

characteristics

and

personality

traits

…………………………….

24. The details of education of the child (tick as applicable):

(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

Sl.

No.

Relationship

Nature of

Crime

Legal status

of the case

Arrest if

any Made

Period of

Confinement

Punishment

awarded

Father

Step father

Mother

Step mother

Brother

Sister

Others (uncle/ aunty/

grandparents)

(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

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25. The details of the school in which studied last(tick as applicable):

(a) Corporation/Municipal/Panchayat

(b) Government/SC Welfare School/BC Welfare School

(d) School under NCLP

26. Attitude of class mates towards the child …………………………

……………………

27. Attitude

teachers

and

classmates

towards

the

child…………………………

28. The reason for leaving School (tick as applicable)

(a) Failure in the class last studied

(b) Lack of interest in the School activities

(d) Peer group influence

(e) To earn and support the family

(f) Sudden demise of parents

(g) Bullying in School

(h) Rigid School atmosphere

(i) Absenteeism followed by running away from School

(j) There is no appropriate level of school nearby

(k) Abuse in School

(l) Humiliation in School

(m) Corporal punishment

(n) Medium of instruction

(o) Others (please specify)

29. Vocational training, if any……………………..……………………

30. Employment Details, if any……………………….…….........……

31. Details of income utilization ……………………......……………

32. Work record (reasons for leaving vocational interests, attitude

towards job or employers)………………

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LA GAZETTE DE L'ETAT

[PART–II

33. Majority of the friends are (tick as applicable)

(a) Educated

(b) Illiterate

(d) Older in age

(e) Younger in age

(f) Same sex

(g) Opposite sex

(h) Addicts

(i) With criminal background

34. Attitude of the child towards friends ..……………………………

35. Attitude of friends towards the child..……………………………

36. Observation about neighbourhood (to assess the influence of

neighbourhood on the child)..……………………………

37. Mental condition of the child: (Present and past)

38. Physical

condition

the

child:

(Present

and

past)..……………………………

39. 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

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LA GAZETTE DE L'ETAT

(xi) Urinary tract infections - present/not known/absent

(xii) Others (please specify)-

40. Whether the child has any addiction: Yes/No

41. With whom the child was staying prior to production before

the Committee:

(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 (please specify)

42. History/tendency of the child to run away from home,

if any……………………..

43. Parents attitude towards discipline in the home and child's

reaction……………………..

44. Reasons for leaving the family (tick as applicable):

(i) Abuse by parent(s)/guardian(s)/stepparents(s)

(ii) In search of employment

(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)

45. Whether the child is a victim of any offence : Yes/No

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LA GAZETTE DE L'ETAT

[PART–II

46. Types of abuse met by the child (tick as applicable):

(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)

47. Types of ill-treatment met by the child(tick as applicable).

(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) - parents/siblings/employers/others

(pl. specify).

48. Exploitation faced by the child:

(i)

Extracted work without payment

(ii)

Little (low) wages with longer duration of work

(iii)

Others (pl. specify)

49. Whether the child has been bought or sold or procured or trafficked

for any purpose: Yes/No

50. Whether the child has been used for begging:

Yes/No

51. Whether the child is used by any gangs or adults or group of

adults or has been used for drug peddling: Yes/No

52. Previous institutional/case history and individual care plan, if

any: ………………..

53. Details of perpetrator: (such as Name, Age, Contact number,

Address details, Physical Characteristics, Relationship with the family,

middle men involved, is there any other child from the same village who

is abused/harassed/taken/sent by the perpetrator, how the child came in

contact with the perpetrator)………………………..

………………………..………………………..…………...……………..…………

217

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LA GAZETTE DE L'ETAT

54. Attitude of the child towards the perpetrator ………………………..

55. Whether the police have been informed……………...………….

56. Action taken, if any against the perpetrator ………………………..

57. Any other remark……………………….......................................

OBSERVATIONS 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. Reasons

for

child's

need

for

care

and

protection

…………….......................................

8. Opinion of experts consulted….…………....……………………..

9. Psycho-social expert's assessment….…………....……………………

10. Religious factors………………………………………….

11. Risk analysis for the child to be restored to the family

….…………....……………………..

12. Previous institutional/case history and individual care plan,

if any:….…………....……………………..

13. Recommendation of Child Welfare Officer/Case Worker/

Social Worker regarding psychological support, rehabilitation and

reintegration of the child and suggested plan….…………....……………………..

Date :

Signature

Place:

(Of the Person assigned)

218

LA GAZETTE DE L'ETAT

[PART–II

FORM–23

[Rule 21 (22)]

APPLICATION FOR SURRENDER OF CHILD

Date ….........…….

Child Welfare Committee,

District…………...…….

I/We………………(name of the applicant/s) …………….(relation

with the child) of ………………(name of the child), aged about……….years,

intend to surrender…………………..name of child) before this Child Welfare

Committee as ………………………………………….................(reason/s for

surrender).

I/we am/are fully conscious and making this application before this

Child Welfare Committee. I have not been forced or unduly influenced

by any one to take this decision of surrendering…………………….

(name of child). I shall have no objection if the child is given in adoption.

I am fully aware of the consequences of surrendering the child.

Full signature of the applicant(s)/

Thumb impression (if the CWC deems appropriate)

Name and address.

…………………………….

Date……………

(Signature of the Chairperson/Member

Time……………

Before whom such application is submitted)

Place…………..

Committee Member/s present:……………

219

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LA GAZETTE DE L'ETAT

FORM–24

[Rule 21(22)]

DEED OF SURRENDER

Declaration by Person surrendering the child or children

Case No …………..

In Re………………….

I/We, the undersigned …...................……………Family name/First

name(s)…....……….....……............residing at, surrender the child

(named)……….Aged………having date of birth…………………for the

reason:…………....…………

(ii) I/we are surrendering my/our child or children on our own and

without any coercion, compulsion, threat, payment, consideration,

compensation of any kind;

(iii) I/we have been counselled and informed about the implication

that I/we can withdraw our consent until 60th day of this surrender deed

after which my/our consent will be irrevocable and I/we shall have no

claim over the child or children.

(iv) I/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.

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LA GAZETTE DE L'ETAT

[PART–II

(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 and Seal of

Members/Chairperson

Child Welfare Committee.

FORM–25

[Rule 21 (29)]

CERTIFICATE DECLARING THE CHILD LEGALLY FREE FOR

ADOPTION

1. In exercise of the powers vested in the Child

Welfare

Committee………………….under section 38 of the Juvenile Justice (Care

and Protection of Children) Act, 2015, child……………date of

birth……………placed in the care of the Specialized Adoption Agency/

Child Care Institution (name and address) vide order no …………….

dated……………………. of this Committee, is hereby declared legally

free for adoption on the basis of the following:

221

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LA GAZETTE DE L'ETAT

^{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:

The Child Care Institution/Specialized Adoption Agency/District

Child Protection Unit Concerned - for information and necessary

action.

(Signature: and Seal)

Date:………………

222

LA GAZETTE DE L'ETAT

[PART–II

FORM–26

[Rule 22 (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

determination

223

PART–II]

LA GAZETTE DE L'ETAT

PROGRESS OF ENQUIRY

(Time schedule for disposal of the case to be fixed on the first day of hearing)

Date :

Signed by

Place:

Child Welfare Committee.

FORM–27

[Rule 23 (2) and 26 (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.

PLACEMENT ΟF ΤΗΕ CHILD

In Children’s Home

Sent under supervision

(Name of Institution)

From....................То.........................

Steps to be taken

Scheduled Date

Actual Date

Age determination

Dated………

Social Investigation Report (Form No.22)

Dated………

Submission of Report on Provisions of further

investigation, if any

Dated………

Statement of Child

Dated………

Individual Care Plan (In case of child in institutional

care Individual

Care Plan should be prepared within one month of

admittance

Dated………

Dispositional (Final) Order

Dated………

Post Dispositional Review

Dated………

224

LA GAZETTE DE L'ETAT

[PART–II

(iii)

Registration number and date :

of Registration of the Institution/

Institution/Organization under

the relevant Act (Annex-Relevant

documents of registration and

bye-laws, memorandum of

association).

(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)

W he th er t he In s ti tu ti o n / :

Yes/No

Organization had been denied

registration earlier.

(xi)

Ref. No. of application which :

resulted in denial of registration

as CCI.

(a) Date of denial

(b) Which department has denied

the registration.

(xii) Reason for denial of registration :

as CCI.

Details of the proposed Child :

Care Institution.

(i)

Name of the proposed Child :

Care Institution.

225

PART–II]

LA GAZETTE DE L'ETAT

(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 Distancefrom the proposed Child Care

Institution).

(i)

Main Road

(ii)

Bus -stand

(iii)

Railway Station

(iv)

Any landmark

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

226

LA GAZETTE DE L'ETAT

[PART–II

(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) R e n t a g r e e m e n t / b u i l d i n g

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)

Whether the Child Welfare

Yes/No

Committee/Juvenile Justice Board

has been informed about the

children being housed in the

Institution.

Facilities Available

(i) Education facility

(ii) Health Checkup arrangement, :

frequency of checkup, type of

checkups proposed to be done.

227

PART–II]

LA GAZETTE DE L'ETAT

(iii) Any other facility that shall impact :

on the overall development of the

child.

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.

Background of the Applicant

(Institution/Organization).

(i) Major activities of the organization :

in last two years.

a. (Annex copy of Annual Report) :

(ii) An updated list of members of the

management committee/governing

b o d y i n t h e e n c lo s e d fo rma t

(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.

228

LA GAZETTE DE L'ETAT

[PART–II

(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 Juvenile Justice (Care and Protection of

Children) Rules, 2016.

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 State Government at any

point of time.

………………………….(Name of the Organization / Institution)

has complied with all the requirements to be granted registration

as a Child Care Institution under the Juvenile Justice (Care and Protection

of Children) Act, 2015 and The Juvenile Justice (Care and Protection

of Children) Rules, 2016.

I undertake to abide by all the conditions laid down by the Central/

State Act, Rules, Guidelines and Notifications in this regard.

Signature of the authorized signatory:

Name:

Designation:

Address

District

Date:

Office stamp:

Signature of:

Witness No. 1:

Witness No. 2:

229

PART–II]

LA GAZETTE DE L'ETAT

FORM–28

[Rule 23 (3) and 26(4)]

CERTIFICATE OF REGISTRATION

(UNDER SECTION 41 OF THE JJ ACT)

After perusal of the documents submitted as per Form 27 is granted

registration No………….as a Child Care Institution under section 41(1)

of the Juvenile Justice (Care and Protection of Children) Act, 2015 with

effect from………….for a period of………….years.

The Institution which has the capacity of……...…….Children shall

remain bound to follow the Juvenile Justice (Care and Protection of

Children) Act, 2015, the Juvenile Justice (Care and Protection of Children)

Rules, 2016 and regulations framed by the Central/ State Government

from time to time.

Dated this the …………. day of …………. 20 ………….

(Signature)

Seal

Name and Designation ……………………………………

FORM–29

[Rule 26(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 :

230

LA GAZETTE DE L'ETAT

[PART–II

Total number of children admitted during :

the month.

Total number of children in the Open :

Shelter on the last day of the month.

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.

Date :

Signature

Place:

In charge of the Open Shelter Home.

FORM–30

[Rule 27(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.

Sl.

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

231

PART–II]

LA GAZETTE DE L'ETAT

PART-I : SELF ASSESSMENT

A. Information about the prospective foster parents and their

family background.

B. Family background information:

(1) Give a short description of social status and background of

the prospective foster parents along with the following information.

(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.

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

Details about Parents of the Applicants

Father

Mother

Name in full

Age

Nationality/Citizenship

Occupation

Previous occupation

Presently residing with

232

LA GAZETTE DE L'ETAT

[PART–II

(3) If, there are other members residing, please furnish the following

information in respect of them.

(4) Please describe how you believe the foster care would affect

the family members (grand parents, children, relatives and others).

C. Professional/Employment Details (Professional career details

for last 5 years):

D. Financial Position: (Give a short description of your income

from all sources such as savings, investments, expenditures and liabilities

and debts along with supporting documents) ………………………………

E. Description of Home and Neighbourhood: (Describe the

accommodation details and neighbourhood relationship).

(1) How many rooms do you have in your home and describe the

play area available for the child…………………………………..

(2) Please describe the neighbourhood in which you reside, including

any aspect that you believe makes it child-friendly……………………………

Name of the Child

Sex

Date of Birth

Educational Status

Name

Nature of

Relationship

Age

Gender

Occupation

Foster Father

Organisation

Employer Details

(Name & Address)

Job Title

From To

Foster Mother

Organisation

Employer Details

(Name & Address)

Job Title

From To

233

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LA GAZETTE DE L'ETAT

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

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?

234

LA GAZETTE DE L'ETAT

[PART–II

(5) Would you be prepared to utilize family counseling if, the child

continues to have difficulties adjusting?

(a)

Yes

(b)

(6) Would you be willing to support financially higher professional

studies of the foster child

(a)

Yes

(b)

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? If

so, would you please provide details?

(2) Are you or your spouse currently being treated by a psychologist

or psychiatrist?

(3) Are you currently taking any prescribed medication?

(4) Are there currently any children in your house being treated

for a medical condition?

(5) Does your family have health and hospitalization insurance

coverage for all family members?

Date :

Place:

Signature of the Prospective Foster Parents.

235

PART–II]

LA GAZETTE DE L'ETAT

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?

236

LA GAZETTE DE L'ETAT

[PART–II

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.

237

PART–II]

LA GAZETTE DE L'ETAT

3.2 In case, you do not recommend the prospective foster parents

for foster care, cite appropriate reasons for taking such decision.

Date :

Place:

Signature, name, designation and official seal.

FORM–31

[Rule 27(4)]

CHILD STUDY REPORT

S. No.

Item

Response

Date of Assessment

Source of Referral

Photograph of the Child to be refreshed

periodically

Profile of the Child

Name of the Child

Date of Birth

Place of Birth

Age

Nationality

Religion

10.

Education

11.

Mother Tongue

12.

Present Address

13.

Aadhaar Card Number

14.

Contact Details

a)Landline

b) Mobile

CHILD STUDY REPORT

238

LA GAZETTE DE L'ETAT

[PART–II

I …………………………….. Social Worker hereby certify that the

information given in this form about child ……………………………..is

correct.

Signature:

Name:

Designation:

Place:

Date :

FORM–32

[Rule 27(15)]

ORDER OF FOSTER CARE PLACEMENT WITH A FAMILY

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.

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

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(e.g. substance abuse,

domestic violence etc.)

Parents in process of separation

Parents in process of legal custody dispute

Natural disaster

Others

239

PART–II]

LA GAZETTE DE L'ETAT

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 and contact)……………………………………

Date :

Chairperson/Member

Place:

Child Welfare Committee

FORM–33

[Rule 27(16)]

UNDERTAKING BY THE FOSTER FAMILY/GROUP FOSTER

CARE ORGANISATION

I/We……………………………………resident(s)

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 am/are willing to take charge of (name of the child

……………………………………Aged …………..under the orders of the Child

Welfare Committee ……………………subject to the following terms and

conditions:

(i) If, the conduct of the child is unsatisfactory I/we shall at once

inform the Committee.

240

LA GAZETTE DE L'ETAT

[PART–II

(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 the……………….day of ……………………………..

Signature and address of 2 witnesses

Signature of Applicant(s)

(Signed before me)

Chairperson/Member,

Child Welfare Committee.

FORM–34

[Rule 27(17)]

RECORD OF A CHILD IN FOSTER CARE

(a)

Case No……………..

(b)

Name of the Child……………..……………..

(c)

Age……………..

(d)

Gender……………..……………..……………..

241

PART–II]

LA GAZETTE DE L'ETAT

(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

Date :

Place:

242

LA GAZETTE DE L'ETAT

[PART–II

FORM–35

[Rule 27(18)]

MONTHLY INSPECTION OF FOSTER FAMILIES/

GROUP FOSTER CARE

(Fill as applicable)

Date of Visit:

(a) Name

(b) Date of Birth and Age

(d) Date of Placement

Details of Foster Parents

(a) Name of Foster Parents

(b) Address

(i)

Landline

(ii) Mobile

(d) Aadhaar Card Number

(e) Photograph of Parents

(Affix

recent

photo)

(Affix

recent

photo)

(Affix

recent

photo)

243

PART–II]

LA GAZETTE DE L'ETAT

3. 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

Happy and well-adjusted

In process of adjusting

maladjusted

(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 curriculal activities

(iii) Do they attend PTA meetings?

Yes No

Sometimes

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?

Having conversations

Dining

Playing

Watching TV

Going to school

Doing homework together

Others (specify)

Yes No

Sometimes

(d)

Does the child get support from foster parents’ children?

( do they mutually help each other)

Yes

Sometimes

244

LA GAZETTE DE L'ETAT

[PART–II

5. Interaction with Foster Parents:

(e)

Has there been any incident that made the foster child

feel discriminated against?

Yes No

Sometimes

(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.

Yes

(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

(i)

Have you been spoken to in a manner that you felt

humiliated?

Yes

(j)

Are you made to do household chores?

Yes

(k)

Do the biological children of the foster parents made to

do the same household chores?

Yes

(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

245

PART–II]

LA GAZETTE DE L'ETAT

(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

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)

246

LA GAZETTE DE L'ETAT

[PART–II

(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 Interactions

(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?

6. Interaction with biological children of the Foster Parents:

(a)

The things they do together with the foster child



Dining



Playing



Watching TV



Going to school



Doing homework together

(b)

Do they have quarrels or fights between themselves

and the foster child? If yes, how often, on what

issues, and how do they resolve it. Please note

down.

Yes No

Sometimes

(c)

How do you feel when your parents show love,

affection and care to the foster child?



Happy



Unhappy



Angry



Jealous

7. Interaction with the School Teachers:

(a) Information about the academic performance of the

child in the school (verify with progress cards to see

if the child has shown any progress)

Good

Fair

Satisfactory

Poor

(b) Teacher’s observation: if the child has adjusted to

his/her foster parents

Happy and well-adjusted

In process of adjusting

Maladjusted

meetings?

Yes No

Sometimes

if, the child has adjusted to

247

PART–II]

LA GAZETTE DE L'ETAT

(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

8. 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

Upset while meeting them

(c)

Did the child raise any issues with regard to his or

her foster carers/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

9. 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

Dated this the……………….. day of…………………

Government or any

248

LA GAZETTE DE L'ETAT

[PART–II

FORM–36

[Rule 28(5)]

ORDER OF SPONSORSHIP PLACEMENT

The child (name and address)…...................……..........…………

age…………………. D/o. or S/o. Mr ……………………….……. and/or

Mrs…...................……..........…………has been identified as a child needing

sponsorship support for education/ health/ nutrition/ other developmental

needs…………………………please specify). The District Child Protection

Unit is hereby directed to release Rs………………………..per month/

Rs……………as one time sponsorship support to the said child for a

period of ………………………(days/month) and carryout necessary

follow up and for the said purpose shall open a bank account in the

name of the child………………… to be operated by

……………………………

Date :

Children's Court/Principal Magistrate,

Place:

Juvenile Justice Board/Chairperson/Member,

Child Welfare Committee.

FORM–37

[Rule 29(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.

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The District Child Protection Unit is hereby directed to release

`…………per month towards after-care support to the said person 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

person…………

Date :

Children's Court/Principal Magistrate,

Place:

Juvenile Justice Board/Chairperson/Member,

Child Welfare Committee.

Copy to:

District Child Protection Unit or concerned Department of the Government.

FORM–38

[Rule 31(2)]

APPLICATION FOR FIT FACILITY INCLUDING

GROUP FOSTER CARE

Detail of Institution/ Agency/ Organization which seeks recognition as fit facility

1.a

Name of the Institution /Agency/ Organization

1.b

Registration number and date of Registration of the Institution/

Organization under the relevant Act

(Annex- Relevant documents of registration, bye-laws, memorandum of

association)

1. c

Complete address of the Applicant/ Institution/Organization

1.d

STD code/ Telephone No.

1.e

STD code Fax No.

1.f

E-mail address

1.g

Whether the Organization is of all India character, if yes, give address of its

branches, in other states

1.h

If the Institution had been denied recognition earlier? If, yes

(i)

Reference No. of application leading to denial of recognition

(ii) Date of denial

(iii) Who had denied the recognition

(iv) Reason for denial of recognition

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

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

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LA GAZETTE DE L'ETAT

[

P ART–II

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)

Capacity of the Fit Facility

Facilities Available (would depend on the purpose for which recognition as fit facility is to

be given)

6.c

Any other facility that shall impact on the overall development of the child

Staffing

7.a

Detailed staff list

7.b

Name of partner organizations

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.

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LA GAZETTE DE L'ETAT

I have read and understood The Juvenile Justice (Care and Protection

of Children Act), 2015; and the Juvenile Justice (Care and Protection

of Children) Rules, 2016.

………………………………..(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 Juvenile Justice (Care and Protection of Children) Rules, 2016.

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 State Government at any point of time.

I undertake to abide by all the conditions laid down by the Central

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.

Dated this the ………………….day of ………………….

Signature of the authorized signatory:

Name:

Designation:

Address:

District:

Date:

Office stamp:

Signature of:

Witness No.1: ………………………………

Witness No.2: ………………………………

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.

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LA GAZETTE DE L'ETAT

[PART–II

FORM–39

[Rule 31(4)]

CERTIFICATE OF RECOGNITION OF FIT FACILITY INCLUDING

GROUP FOSTER CARE

After perusal of the documents and on the basis of an inspection

of the Institution conducted on……. the........................ (Name of the

Institution) is recognized as a Fit Facility under section 51 of the Juvenile

Justice (Care and Protection of Children) Act, 2015 with effect from…..

for a period of …..years.

The Facility shall remain bound to follow the Juvenile Justice (Care

and Protection of Children) Act, 2015, the Juvenile Justice (Care and

Protection of Children) Rules, 2016 and regulations framed by the appropriate

Government from time to time.

The Facility shall remain bound to comply with the orders passed

by the Juvenile Justice Board or the Child Welfare Committee from time

to time.

Dated this the………………day of ……………………20 ……………………

(Signature)

(Seal)

Dated this the …………………….day of………………20 ……………………

(Signature)

Chairperson, Child Welfare Committee/

Principal Magistrate, Juvenile Justice Board.

253

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LA GAZETTE DE L'ETAT

FORM–40

[Rule 65(3)(xii)]

LIST OF CHILDREN SUBMITTED BY CCI TO BOARD OR

COMMITTEE WEEKLY

Details of the Child Care Institution:

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…………………………………

Date :

Signature

Place:

Person-in-charge of the CCI.

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.

Sl.

No.

Name of Child

FIR/DD/Case No.

Date of Next

Production

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LA GAZETTE DE L'ETAT

[PART–II

7. Name and 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…………......…..

Date :

(Signature)

Place:

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 br’

ought 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).

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LA GAZETTE DE L'ETAT

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)

The Person-in-charge

Child Welfare Police Officer.

of the Institution.

FORM–43

[Rule 73 (H) (3)]

CASE HISTORY OF THE CHILD

(For Child Care Institution)

Case/Profile No………………….

Date and Time….…………………

A. PERSONAL DATA

1. Name……………………………………………............……

2. Male/Female (tick the appropriate category) .................……

Affix a latest

photograph

here

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LA GAZETTE DE L'ETAT

[PART–II

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)

Hindu (OC/BC/SC/ST)

(ii) Muslim/Christian/Other (pl. specify)

7. Native District and State:

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

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LA GAZETTE DE L'ETAT

(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

(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

(please specify).

(ii)

Physical abuse

(iii) Sexual abuse parents/siblings/Employers/others

(please specify).

(iv)

Others-parents/siblings/employers/other (please specify)

12. 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)

Other (please specify)

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LA GAZETTE DE L'ETAT

[PART–II

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