Amendments to the Tamil Nadu Juvenile Justice (Care and Protection of Children) Rules, 2017.

© GOVERNMENT OF TAMIL NADU

2024

[Regd. No. TN/CCN/467/2012-14.

[R. Dis. No. 197/2009.

[Price: Rs. 11.20 Paise.

No. 29] CHENNAI, TUESDAY, JANUARY 30, 2024 Thai 16, Sobakiruthu, Thiruvalluvar Aandu-2055

Part III—Section 1(a)

General Statutory Rules, Notifications, Orders, Regulations, etc.,

issued by Secretariat Departments.

NOTIFICATIONS BY GOVERNMENT

SOCIAL WELFARE AND WOMEN EMPOWERMENT DEPARTMENT

AMENDMENTS TO THE TAMIL NADU JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) RULES, 2017.

[G.O. Ms. No. 5, Social Welfare and Women Empowerment [SW 8(1)] , 30th January 2024,

தை 16, சோபகிருது, திருவள்ளுவர் ஆண்டு-2055.]

No. SRO A-1(c)/2024.

In exercise of the powers conferred by sub-section (1) of section 110 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (Central Act 2 of 2016), the Governor of Tamil Nadu hereby makes the following amendments to the Tamil Nadu Juvenile Justice (Care and Protection of Children) Rules, 2017, namely: -

Amendments.

In the said Rules, -

(1) after CHAPTER - I, the following CHAPTER shall be inserted, namely:-

"CHAPTER I-A

2A. Constitution of Selection Committee. - (1) The Government shall by notification in the Tamil Nadu Government Gazette constitute a Selection Committee for Selection of Social Worker Members to the Juvenile Justice Board and Chairperson and Members to the Child Welfare Committee.

(2) The Selection Committee shall consist of the following members, namely: -

(i) a retired Judge of High Court to be appointed in consultation with the Chief Justice of the High Court of Madras, who shall be the Chairperson;

(ii) Director of Social Defence, ex-officio who shall be the Member Secretary;

(iii) two representatives from two different reputed non-governmental organisations working in the area of child development or child protection for a period of not less than seven years:

Provided that such representatives shall not run or manage any children's institution of their own;

[ 1 ]

III-1(a)—Ex. (29)2 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY (iv) two representatives from educational institutions or Universities preferably from the faculty of social work, psychology, sociology, child development, health, education, law and with special knowledge or experience of working on children's issues for a minimum period of not less than seven years; and

(v) a representative of the Tamil Nadu State Commission for Protection of Child Rights.

(3) The term of the Selection Committee constituted under sub-rule (1) shall be for a period of three years:

Provided that the Selection Committee may continue to function for a further period of three months after the expiry of the period of three years so as to enable the Government to constitute a new Committee.

2B. Casual vacancy. – (1) If any casual vacancy arises in the Selection Committee, the Member Secretary shall intimate the same to the Government at once.

(2) The Member of the Selection Committee appointed in a casual vacancy shall hold office for the remaining (period of service) tenure of the Member of the Selection Committee in whose place he is appointed.

2C. Quorum. - The quorum for the meeting of the Selection Committee shall be four Members.

2D. Meeting of the Selection Committee. – (1) The Selection Committee shall meet at such times and such place as may be necessary for carrying out the functions of the Selection Committee.

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

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

(4) All communications to the Selection Committee shall be addressed to the Office of the Member Secretary, who shall place the same before the Selection Committee.

(5) All records relating to selection shall be placed on the website of the Department of Social Defence.

2E. Selection of Chairperson of the Committee and Members of the Committee or Board. - (1) The Member-Secretary of the Selection Committee, six months before the superannuation or end of tenure of the Chairperson of the Committee or member of the Board or Committee, shall initiate the process of filling up a vacancy:

Provided that if a vacancy arises on account of resignation or death or termination of the Chairperson of the Committee or a member of the Board or Committee, the Selection Committee shall immediately initiate the process for filling up such casual vacancy.

(2) For selection of Chairperson of the Committee or a member of the Board or Committee, the Member-Secretary of the Selection Committee shall call for applications through public advertisement in two newspapers having wide circulation in the area of which one shall be in Tamil and Press release by the District Administration of the District in the official website of the Department of Social Defence.

(3) The Member-Secretary shall scrutinize all the applications received and place the applications which fulfil the basic eligibility requirements before the Selection Committee.

(4) The Selection Committee shall evaluate the candidates on the basis of qualifications, experience of working with children and personal interaction with the candidate and recommend a panel of three names for each vacancy in order of merit to the Government for appointment of Chairperson of the Committee or a member of the Board or Committee, as the case may be.

(5) The panel of names recommended by the Selection Committee shall be signed by all Members of the Selection Committee present at the time of selection and the Member-Secretary.

(6) The Government shall fill the vacancy on the basis of panel of names recommended by the Selection Committee within a period of three months from the date of recommendation of the Selection Committee. In the case of selecting a member, to fill up the vacancy arising due to resignation or death or termination, such member shall hold office for the remaining period of tenure of the member in whose place he is appointed.

(7) The panel of names recommended by the Selection Committee shall be valid for a period of one year.

2F. Disqualification for appointment of Chairperson of the Committee and Members of the Committee or Board. – No person shall be appointed as a Chairperson of the Committee or a member of the Board or Committee if he – (i) is below the age of thirty-five years or above the age of sixty-five years on the date of notification;

(ii) is holding any full-time occupation that may not allow the person to give necessary time and attention to the work of the Board or the Committee as per the Act and rules;

(iii) is associated with any Child Care Institution, directly or indirectly, during his tenure as a member of the Board or Committee or have any other conflict of interest;

(iv) holds any office in any political party during his tenure; or

(v) is declared as insolvent by the Competent Court.

2G. Term of Office.- The term of office of the Chairperson of the Committee or a member of the Board or Committee shall be for a period of three years from the date of on which he enters upon his office. Further member of the Board shall be eligible for re-appointment for a second term of three years:

Provided that such re-appointment shall be made considering the following criteria, namely: -

(i) regular performance appraisals of the member carried out by the District Judge or District Magistrate quarterly as per a specified format, a copy of which shall be made available to the Chairperson and members of the Selection Committee by the Member Secretary;

(ii) complaints if any, received and addressed by the Selection Committee against the person seeking second tenure; and

(iii) interaction with such applicant.

2H. Complaints. – (i) If any complaint is made against a Chairperson of the Committee or a member of the Board or Committee, the Government shall hold necessary inquiry except in respect of judicial officers; complaints against judicial officers shall be forwarded to the Registrar of the High Court for action;

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

(iii) If a criminal case is registered against Chairperson of the Committee or a member of the Board or Committee concerned, if necessary, the Government may suspend the member immediately pending inquiry, for such term as appropriate; or after holding an inquiry and giving an opportunity of being heard in the matter;

(iv) No Chairperson of the Committee or a member of the Board or Committee shall be removed without holding an inquiry by the Government and until that person has been given an opportunity of being heard in the matter.";

(2) rules 3 and 4 shall be omitted;

(3) for rule 5, the following rule shall be substituted, namely:-

"5. Resignation of Members. – A member may resign, at any time by giving three months' notice in writing to the Government through the Director of Social Defence. The resignation of the member shall be accepted by the Government within a period of thirty days.";

(4) rule 6 shall be omitted;

(5) in rule 9, for clause (xiii), the following clause shall be substituted, namely:-

"(xiii) In all cases of pending enquiry, the Board shall,-

(a) fix the next date of hearing not later than fifteen days;

(b) direct the child to be kept in a child care Institution, as deemed fit by an order in Form II A.";

(6) after rule 10, the following rule shall be inserted, namely: -

"10A. Review of the quarterly Report.– (1) The District Magistrate shall on the basis of the quarterly report examine the reasons for pendency, discrepancies observed during visits to the Observation Homes and such other child care institutions and shall make its recommendations to the Government for constitution of additional Board or increase the frequency of the sittings of the Board.

(2) Where the review by the District Magistrate discloses that the reasons for pendency is attributable to the members of the Board, then the District Magistrate shall inform such reasons to the Director of Social Defence.

(3) Director of Social Defence shall thereafter on the basis of the report submitted by the District Magistrate recommend for appropriate action to the Government.";

(7) rules 16 and 17 shall be omitted;

(8) for rule 18, the following rule shall be substituted, namely: -

"18. Resignation of Members. – A member may resign, at any time by giving three months' notice in writing to the Government through the Director of Social Defence. The resignation of the member shall be accepted by the Government within a period of thirty days.";

(9) rule 19 shall be omitted;

(10) in rule 22, after clause (xiv), the following clause shall be inserted, namely:-

"(xiva) The Committee shall submit a monthly report furnishing the data relating to Children declared legally free for adoption to the District Magistrate in Form XVIA".;

(11) in rule 33, -

(a) in sub-rule (1), after clause (i), the following clauses shall be inserted, namely:-

"(j) The Child Care Institution shall appoint fourteen staff for every fifty children. 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;

(k) In case of Child Care Institutions housing girls, female staff shall be appointed to take care of girl children;

(l) No person shall be appointed to work in a Child Care Institution without police verification;

(m) The child care institution should obtain the following certificates for registration or renewal of registration, namely: -

(i) Structural Soundness Certificate issued by a registered engineer under sub-section (4) of section 4 of the Tamil Nadu Public Buildings Licensing Act, 1965 (Tamil Nadu Act 13 of 1965);

(ii) License issued by the competent authority under sub-section (1) of section 6 of the Tamil Nadu Public Buildings Licensing Act, 1965 (Tamil Nadu Act 13 of 1965);

(iii) Sanitation Certificate issued under the Tamil Nadu Public Health Act, 1939 (Tamil Nadu Act III of 1939);

(iv) Certificate from Fire and Rescue Services Department under section 13 of the Tamil Nadu Fire Service Act, 1985 (Tamil Nadu Act 40 of 1985)."

(b) for sub-rule (2), the following sub-rule shall be substituted, namely: -

"(2) The District Child Protection Units or an authorized Officer of the Department of Social Defence or an authorized officer of the State Commissioner for the Welfare of Differently–Abled, after ensuring that the conditions specified in sub-rule (1) are satisfied and that the details furnished in the application are correct may then recommend to the District Magistrate. The District Magistrate shall verify credibility, background and previous record of the Child Care Institution and the agency or individual promoting the institution and after ensuring that the conditions specified in sub-rule (1) are satisfied and that the details furnished in the application are correct then make specific recommendations to the Director of Social Defence for consideration and issue of registration certificate in Form XXV.";

(c) after sub-rule (5), the following sub-rule shall be inserted, namely: -

"(6) The Director of Social Defence shall not grant provisional registration where adequate facilities do not exist in the institution applying for registration and the Director of Social Defence 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.";

(12) in rule 36, in sub-rule (3),-

(i) after clause (i), the following clauses shall be inserted, namely:-

"(ia) shall submit a report after making inquiry declaring children legally free for adoption to the child welfare committee in Form XXVA.;

(ib) file an enquiry report regarding pre-discharge of the children in Form XXVB.";

(ii) for clause (xii), the following clause shall be substituted, namely:-

"(xii) supervise children placed on probation as per the individual care plan and submit a periodic report in Form XXVC.;"

(13) after rule 37, the following rule shall be inserted, namely: -

"37-A. Maintenance of Register.– The Child Care Institution shall maintain the following register namely: -

(14) in rule 42, after sub-rule (3), the following sub-rule shall be inserted, namely:-

"(4) The State Inspection Committee shall carry out inspection of the Child Care Institutions in the State and the District Inspection Committee shall inspect all Child Care Institutions in the District and prepare a report in Form XXVD.";

(15) after rule 45, the following rules shall be inserted, namely:-

"45-A. Transfer of child between Children's Homes or Special Homes or Fit Facility or Fit Person within the State: The Director of Social Defence may at any time, on the recommendation of a Committee or Board, as the case may be, and keeping the best interest of the child in mind, order the child's transfer from any Children's Home or Special Home or Fit Facility or Fit Person, to a Home or Facility within the State with prior intimation to the Government.

45-B. Pre-term discharge of Child from an Institution.- (1) The Superintendent of the Children Home or Special Home or Fit facility on receipt of petition from the child, parent or guardian may approach the concerned Child Welfare Committee or Juvenile Justice Board for discharge of the child before his period of placement is over;

(2) The Child Welfare Committee or Juvenile Justice Board may call for the following and consider them for passing suitable orders to discharge under section 97 of the Act;

(a) The recommendation of the Probation Officer or Child Welfare Officer of the Institution along with the willingness of the parent or guardian to accept the child;

(b) Report of the Superintendent or Officer In-charge on the conduct of the child in the home so far;

(3) The report from the Superintendent or Officer In-charge may include details of his period of stay in the Children Home or Observation Home or Special Home or Fit Facility. On receipt of orders from the Child Welfare Committee or Juvenile Justice Board to release the child, the Superintendent or Officer In-charge shall release the child and intimate it to the Child Welfare Committee or Juvenile Justice Board".;

(16) after Form II, the following Form shall be inserted, namely:-

"FORM IIA

[see rule 9(xiii)(b)]

ORDER OF PLACING A CHILD IN CHILD CARE INSTITUTION PENDING INQUIRY

To

The Officer in charge

Whereas on the…………..of…………..20……., (Name of the child), son/ daughter of ..……………………aged………...

residing at.................... alleged to be involved in FIR/ DD No. …………… PS ……………is ordered by the Juvenile Justice Board to be kept in the Child Care Institution (Observation Home / Place of Safety), namely…………for a period of……………………..

This is to authorize and require you to receive the said child into your charge, and to keep him in the Child Care Institution (Observation Home / Place of Safety) ................... and to produce the child as and when directed by the Board, for the aforesaid order to be carried into execution according to law.

Next date of hearing……………………….

Given under my hand and the seal of Juvenile Justice Board

This ………………….. day of....…………..20……………

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

(Signature)

Principal Magistrate/Member Juvenile Justice Board.";

(17) for Form V, the following Form shall be substituted, namely:-

"FORM V

[see rules 9(XL), 14(6), 15(7)(vi), 15(8)(ii), 24(l)(i), 37(7)]

INDIVIDUAL CARE PLAN

Child in Conflict with Law or Child in Need of Care and Protection (Tick whichever is applicable)

Name of Case Worker/Child Welfare Officer/Probation Officer…………….

Date of preparing the Individual Care Plan…………………………………………

Case/Profile No……………of 20………………............…

FIR No……………………………………………………….

Under Sections (Type of offence), applicable in case of Children in Conflict with Law…............…

Police Station…………………………………………………

Address of the Board or the Committee………………………………………………

Admission No. (If child is in an institution) …..………………….…….

Date of Admission (if child is in an institution …………………………………....

Stay of the child (Fill as applicable)

(i) Short term (up to six months)

(ii) Medium Term (six months to one year)

(iii) Long term (more than one year)

FOR BOTH CATEGORIES OF CHILDREN WHO ARE PLACED IN INSTITUTIONAL OR NON-INSTITUTIONAL CARE

1. Personal details (to be provided by child/parent/both on admission of the child in the institution)

2. Level of Education…………………………………..

3. Details of Savings Account of the child, if any…………………….……..

4. Details of awards/rewards received by the child, if any…………………

5. Details of child's belongings, if any………………………..………

6. Details of child's parents' property, if any-

7. Details of child's parents bank accounts, if any-

8. Details of child's insurance policy, if any-

9. Details of child's parents' insurance policy, if any-

10. Details of child's parents job compensation, pension if any-

11. Details of child's fixed deposits, savings, financial policy, mutual funds if any-8 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 12. Details of parent's loans, Mortgages, other financial liabilities, if any-

13. Details of property to be inherited, if any-

14. Whether succession certificate issued or not ?-a. yes b. no

15. Details of succession certificate-

16. Whether legal heir certificate issued or not ?- a. yes b. no

17. Details of legal heir certificate-

18. Whether the child is orphan/abandoned/surrendered?

19. Based on the results of Case History, Social Investigation report and interaction with the child, give details on following areas of concern and interventions required, if any- (This is for both categories of children who are placed in institutional or non-institutional care)

20. Whether the child has any siblings? Yes/No

21. Whether the child and his/her sibling are being placed together? Yes / No

22. Whether the child and his/her siblings are being surrendered by the single parent/ Guardian? Yes/ No/ Not Applicable

23. Case/Profile No. of the sibling/siblings-

24. In case the child is with disability or special needs or is terminally ill

(This may be relevant for both child in conflict with law and child in need of care and protection, as the case maybe)

(i) Whether the child who is suffering from disabilities have been provided with disability certificate. Yes/No. If Yes, please state the disability certificate no………...............

(ii) Whether such child has been provided with medical equipment like hearing aid, crutches etc. Yes/No. If Yes, please specify……………………

(iii) Whether the child has been provided for compensation /relief for his/her disability. Yes/No. If yes, please specify……………………………

(iv) Education requirements of the child…………………………………..

(v) Any other special needs of the child……………………………….

(vi) Any other recommendation………………………………………

25. If the child belongs to Children in Street Situations/Trafficked/Involved in Drug Peddling/Child Labour (This may be relevant for both child in conflict with law and child in need of care and protection, as the case maybe) (i) Whether the child belongs to Children in Street Situation: Yes/No.

(ii) Whether the child is a victim of child trafficking: Yes/No. If yes,

(iii) Whether the child was involved in drug- peddling: Yes/No.

(iv) Whether the child is a victim of child labour. Yes/No. If yes,

(v) Whether the child who has been a victim of Child-Labour has been provided compensation under the Child Labour Rehabilitation-cum-Welfare Fund or any other scheme. Please Specify .............................

(vi) Whether such child who have been victim of child labour/ child trafficking/drug peddling / or is a child in street situation provided with counselling? Yes/No

(vii) Whether the child has been provided any compensation? Yes/No. If yes, please specify…………………………

26. If the child is a victim of abuse including sexual abuse: (This may be relevant for both child in conflict with law and child in need of care and protection, as the case maybe)

(i) Whether the child has been provided counselling?............................

(ii) Whether any action has been taken against such offender/perpetrator? If Yes, Please specify…………………………….

(iii) Whether the child who has been a victim of sexual assault has been provided compensation as per the compensation scheme under the Protection of Children from Sexual Offences Act, 2012……………………………….

(iv) Any other compensation or relief provided to the child?......................

(v) Any other observations……………………………………

FOR CHILDREN PLACED IN INSTITUTIONAL CARE:-

27. Progress report of the child (to be prepared every fortnight for first three months and thereafter to be prepared once a month)

[Note: Use different sheet for Progress Report]

1. Name of the Probation Officer/Case Worker/Child Welfare Officer………….

2. Period of the report……………………………………...……………………….

3. Admission No……………………………………………...…………………….

4. Board or Committee details.......…………………………………………………

5. Profile No…………………………….………………......………………………

6. Name of the Child……………………..……………..…………………………..

7. Place of interview………………....……..Dates………......…....……………….

8. General conduct and progress of the child during the period of the report ……………………………………… ………………………………………………………..…….……………………………………………….............… .....................................................................................................................................................………………

9. Progress made with regard to proposed interventions as mentioned in point 19 of Part A of this form.

10. Any proceeding held before the committee or Board or Children's Court, details:-

11. Variation of conditions of bond:........................................

12. Change of residence of the child:.....................................

13. Other matters, if any:............................................................

14. (Related to children in conflict with the law) Period of supervision completed. Details:…………………………

15. Result of supervision with remarks (if any):………………………………….

16. Name and Addresses of the parent or guardian or fit person under whose care the child is to live after the supervision is over:…………………………

Date of report: …………………

Signature of the Probation Officer…………………..

28. Pre-release report (to be prepared 15 days prior to release):

1. Details of place of transfer and authority concerned responsible in the place of transfer/

release:...................................................................................

2. Details of placement of the child in different institutions/ family: (CCI name, address, date of placement) ........................................

3. Training undergone and skills acquired: ........................................................

• Life Skills Education

• Computer Training

• Aptitude Testing12 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY • Vocational Courses

• LifeBook Work

• Child preparation for placement

• Other: __________________________________

4. Last progress report of the child (to be attached, refer Part B)

5. Rehabilitation and restoration plan of the child (to be prepared with reference to progress reports of the child.

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: ...............................

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

Date of first follow-up _______________________

☐ Home Visit

• Phone Call

☐ Future visits indicated on calendar.

(As per JJA: Minimum once/month call or visit for first 6 months, then once every 3 months for next year minimum - More frequent calls/visits may be required if issues arise)

☐ Information provided to caseworker when child moves to another state/district

11. Memorandum of Understanding with Non-Governmental Organisation identified for post-release follow- up (Attach a copy)

12. Details of sponsorship agency/individual sponsor, if any:…………………

13. Memorandum of Understanding between the sponsoring agency and individual sponsor (Attach a copy):…………………………

14. Attach Medical examination report before release:…………………

15. Any other information:……………………………………………………

29. Post-release/restoration report of the child:

1. Status of Bank Account: Closed/Transferred

2. Earnings and belongings of the child: handed over to the child or his parents/guardians –Yes/No 3. First interaction report of the Probation Officer/Child Welfare Officer/Case Worker/social worker/Non- Governmental Organisation identified for follow-up with the child post-release:………………………

4. Progress made with reference to Rehabilitation and Restoration Plan:………

5. Family's behaviour/attitude towards the child:……………………….

6. Social milieu of the child, particularly attitude of neighbours'/ community:……….

7. How is the child using the skills acquired:…………………………………

8. Whether the child has been admitted to a school or vocation? Give date and name of the school/institute/ any other agency Yes/No ……

9. Report of second and third follow-up interaction with the child after two months and six months respectively:………………………………..

10. Efforts towards social mainstreaming and child's opinion/views about it:..……

11. Identity Cards and Compensation

[Instruction: Please verify with the physical document]

30. Adoption

(i) Whether the child has been declared legally free for adoption?

A. Yes B. No C. Not Applicable

(If not applicable, then subsequent questions do not apply)

(ii) Whether the child has been placed in a Specialised Adoption Agency or Child Care Institution?

A. Specialised Adoption Agency B. Child Care Institution

(iii) Social Investigation Report by Child Welfare Officer/Case worker/social worker, as the case may be submitted?

A. Yes B. No

(iv) Deed of surrender executed by the parents/guardian before the Committee?

A. Yes B. No C. Not Applicable

(v) Declaration submitted by District Child Protection Unit and Child Care Institution or Specialised Adoption Agency that all restoration efforts have been made for the child-

A. Yes B. No

(vi) Nobody has approached District Child Protection Unit and Child Care Institution or Specialised Adoption Agency for claiming the child as biological parents or legal guardians-

A. Yes B. No

(vii) All timelines under Section 38 of the Act have been adhered to before declaring the child legally free for adoption-

A. Yes B. No14 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY FOR CHILDREN PLACED IN NON-INSTITUTIONAL CARE (EXCEPT ADOPTION)

1. Guardian's name (if applicable)

2. Parents/Guardian's Nationality…………………........…….

3. Parents/Guardian's Religion……………………....……….

4. Child's nationality-

5. Details of Adhaar card/voter Identity Card/pan card of the child…………………..

6. Details of Adhaar card/voter Identity Card /pan card of the child's parents………

7. Caste………………………………….........………

8. Language spoken………………….........………..

9. Level of Education…………………………………………………………..

10. Whether the child has been provided compensation/relief under various schemes of Government……….. 11. Where is the child being placed?–

(a) Guardian (b) foster care (c) sponsorship (d) single parent

12. Whether the child is being surrendered by the single parent/Guardian?

A. Yes B. No C. Not Applicable

13. If yes, then whether the surrender deed has been made? A. Yes B. No

14. Education- (Yes/No/Not applicable) If yes, then

(i) Whether the child has been enrolled in school or a special training center?……

(ii) If child is enrolled in school, then

(a) Name of the school……

(b) Government/Private……

(c) Class ………………..

(iii) Unified District Information System for Education Code of the said school ……………………….

(iv) If child is enrolled in special training centre then,

(a) Center is Residential or Non-Residential……………….

(b) Duration of enrolment……………

(v) Whether the child has been enrolled in school under clause (c) of sub-section (1) of section 12 of the Right to Education Act, 2009? Yes / No / NA

(vi) The Child Welfare Committee has recommended for continuing of education of the child in the same school as the child was studying in? Yes /No

(vii) On the basis of the recommendation, whether the child is continuing education in the same school as he was studying in? Yes/No

(viii) The Child Welfare Committee has recommended for transfer of school for the child? Yes /No (a) If yes, then what are the reasons given by the Child Welfare Committee for recommending transfer of school?.......................................................

(ix) Whether the child has been admitted to/transferred to a new school? Yes/No

(x) Details of new school along with its Unified District Information System for Education Code………………….

(xi) Address and Contact Details……………………………………………….

(xii) Class in which admission/transfer taken place……………………………….

(xiii) Class in which the child was transferred from previous school…………

(xiv) On the basis of the recommendations of Child Welfare Committee, whether the school in which the child is studying in is giving the benefit under clause (c) of sub-section (1) of section 12(1)(c) of the Right to Education Act, 2009 to the child? Yes /NoTAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 15 (xv) Whether the child is being given free education by the appropriate government? Yes /No (xvi) Is the child availing any scholarship? Yes /No

a. If yes, name of the scholarship………………………………..

b. Amount of scholarship…………………………………………

(xvii) Any other observation and recommendation made by the Child Welfare Committee for education of the child……………………………………….

15. Sponsorship

(i) The child has been recommended for sponsorship by the Child Welfare Committee?

A. Yes B. No (If no, then subsequent questions do not apply)

(ii) Whether sponsorship for the child has been approved by a Committee headed by District Collector:

A. Yes B. No

(iii) Nature of sponsorship: i. Government……… ii. Private ……………

(iv) Type of sponsorship

(a) Individual to Individual sponsorship

(b) Group Sponsorship

(c) Community or organisation sponsorship

(d) Support to families through sponsorship

(e) Support to children homes and special homes

(f) Sponsorship through:

i. Institutions,

ii. Companies

iii. Corporations either public or private

(g) Any other

(v) Whether child has started receiving money under the sponsorship program

A. Yes B. No

(vi) Recommended duration of sponsorship:. ....................................

(vii) Any other information:........................................

16. Restoration of the child:

(i) Whether the child is being restored to:-

Single Parent / Biological Parents/ Guardian Relative

(ii) Name of the person to whom the child is being restored to ……………..

(iii) Address and contact details of person where the child is being restored to …………

(iv) If the child is being restored to Guardian/relative, then-

(v) Relationship of the child with the guardian/relative-

(vi) Does the guardian/relative have children of their own? A. yes B.No

(vii) If yes, Details of guardian/relatives' children-

(viii) Social and financial condition of the guardian/relative-

(ix) Whether the child will be staying in the same State where the child was found? Yes/No (x) Whether the child needs to be transferred to another State for restoration? Yes/No. If yes:

(a) Name of the State where the child is restored to an escort is required for transfer of the child to another State? A. Yes B. No.

If yes: Identification Proof of escort such as driving license, Aadhar Card, etc

(b) Whether District Child Protection Unit/ Child Welfare Committee of the concerned district of the State where the child is being transferred to has been informed about the transfer orders? Yes/ No16 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY (c) Whether the child's documents/Social Investigation Report/ Individual Care Plan/ Orders of Child Welfare Committee have been transferred to the concerned CWC of the State? Yes/No (d) Details of Child Welfare Committee where the case is transferred……………………..

(xi) Child Welfare Committee has recommended follow-up of the child post restoration: Yes /No (xii) Status of bank accounts of the child …………………………………..

(xiii) The belongings of the child are handed over to the child/parent/ guardian: Yes/No

(xiv) Identity Cards and Compensation:

REPATRIATION OF THE CHILD

(i) Whether the child needs to be repatriated. Yes/No

(ii) If yes, whether such repatriation is: (tick whichever is applicable)

inter-district

inter-state

inter-country

(iii) Whether information about repatriation of the child has been informed to the:-

District Collector.

State Government.

Central Government

(iv) Has the process of repatriation of the child been initiated? Yes / No

Details: ........

(v) Whether the details of the child to be repatriated have been informed to National or State Commission for Protection of Child Rights, as the case may be?

(vi) Any other recommendation………………………………..";

(18) for Form XVI, the following Form shall be substituted, namely:-

"FORM XVI

[see rule 22 (xiv)]

QUARTERLY REPORT BY CHILD WELFARE COMMITTEE

District

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

Details of Child Welfare Committee:

VISIT TO HOMES BY CHAIRPERSON/ MEMBERS

Date of visit:.........................................

Name and Address of Home visited:...............................

Remarks/ Suggestions of the Committee:…………….

Signature of Chairperson

Seal.";

(19) after Form XVI as so substituted, the following Form shall be inserted, namely:-

"FORM XVI A

[see rule 22 (xiv a)]

MONTHLY REPORT BY CHILD WELFARE COMMITTEE

District

Monthly Report for the period: From……………to…………..

DETAILS OF THE CASE PERTAINING TO LEGALLY FREE FOR ADOPTION

Signature of Chairperson

Seal."; and (20) after Form XXV, the following Forms shall be inserted, namely:-

"FORM XXVA

[see rule 36(3)(ia)]

ENQUIRY REPORT OF PROBATION OFFICER TO DECLARE A CHILD AS LEGALLY FREE FOR ADOPTION.

NAME OF THE PROBATION OFFICER:

DISTRICT:

S.I.R. No. DATE:

(1) Details of the child against Whom the abandonment certificate Is requested.

a) Name

b) Age

c) Identification marks etc..

(2) Name & address of the organisation Which has filed the petition before The Child Welfare Committee.

(3) Whether the Organisation was Licenced to process Adoption If so, the details are to be furnished Including the validity of the period of licence granted.

(4) Date of application filed before the Child Welfare Committee.

(5) Child welfare committee No. and Date of reference to the Probation Officer.

(6) How the organisation received the child. (The details such as sources information, place of abandonment, date and time of taken charge of the child etc.. are to be furnished)TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 19 (7) Whether the organisation has sent a report to the nearest Police Station about the receipt of the child. If so, details are to be

(8) Whether the organisation has sent a report to the Child Welfare Committee about the receipt of the child (details are to be furnished)

(9) The action taken by the Police to identify the Biological parents or the interested guardians. Details are to be furnished.

(10) The action initiated by the organisation to trace The Biological parents or the interested guardians. Details are to be furnished.

(11) The detailed enquiry conducted by the Probation Officer.

(12) Recommendation. Probation Officer/ Social Worker.

FORM XXVB

[see rule 36(3)(ib)]

ENQUIRY REPORT OF PROBATION OFFICER/CHILD WELFARE OFFICER ABOUT A CHILD IN CHILDREN HOME/

SPECIAL HOME WHO IS TO BE DISCHARGED ON THE EXPIRY OF THE PERIOD OF PLACEMENT

PRE-DISCHARGE REPORT.

M.E.No.DATE:

Name of the child Institution

Ad. No. Age.

(1) Case profile of the child.

(2) Juvenile Justice Board/ Child Welfare Committee Order No.

(3) The details of placement of the child In different institutions and the training Undergone.

(4) Educational attainment.

(5) Vocational proficiency.

(6) Report or recommendation of the Management Committee.

(7) If the child is entitled to receive financial incentives, the details shall be furnished.

(8) Address of the parent/guardian Present Address Permanent Address

(9) Details of family members

(10) Details of Socio-economic factors of the child's family.

(11) Habits of parent/guardian and Its consequences

(12) Opinion of the parent/guardian For the rehabilitation of the child.

(13) Report of neighbours.

(14) Recommendation of the Probation Officer/Child Welfare Officer.

Probation Officer/ Child Welfare Officer.

FORM XXVC

[see rule 36(3)(xii)]

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)

Case details and summary

………………………………………………………………………………………………

………………………………………………………………………………………………

1. Preliminary details:

(i) Visit Date:…………………./……………………/…………………………..

(ii) Name of Parent / Guardian………………………………………………...

(iii) Names of Other Adults Living in the Home and with whom the Probation Officer interacted:

2. Observations:

(i) Child's behaviors................................................................................................

(ii) Physical and mental health status/needs of child and family…………………..

(iii) Inter-personal relationship of the child with the family…………....……………..

(iv) Inter-personal relationship with friends ......………………………………………

(v) Safety and supervision in the family……………………………………………….

(vi) Difficulties faced by the child…………………………………………………….

(vii) Difficulties faced by the family………………………………………………………

(viii) Changes in the household……………………………………………………….

(ix) Vocational training, if any being undertaken by the child………………………..

(x) Engagement of child in any anti-social activities or harmful activities (Examples could be exhibiting bullying behaviour, violent outbursts, destructions, self-harm, lying, defiance, impulsiveness, lack of empathy, sexually deviant actions, etc.).…………………………………………

(xi) Time elapsed since last engagement in any anti-social behaviour or harmful activities……………………………

3. Visit to school/vocational training centre:

(i) Name of the school/centre..................................................................................

(ii) Name of the Teacher/Principal met……………………………………………….

(iii) Any unusual behaviour observed…………………………………………………..

(iv) Feedback received on the progress of the child……………………………………

(v) Attitude of the peers towards the child……………………………………………

(vi) Attitude of the child towards the peers…………………………………………….

4. Visit to place of employment:

(i) Nature of work.....................................................................................................

(ii) Working hours ......…………………………………………………………………..

(iii) Attitude of the child towards work…………………………………………………..

(iv) Violation of any labour laws, Low wages or wages being withheld, if observed and action taken against employer…………………………………………………

5. Did you spend time speaking privately with the child Yes No

If no, give reasons……………………………………………….

6. Progress made as per Rehabilitation and Restoration Plan under the Individual

Care Plan (refer point 14 of form 7) …………………………………….........……

……………………………………………………………………………………………

……………………………………………………………………………………………

7. Recommendations for modifications in Rehabilitation and Restoration Plan under the Individual Care Plan, if any:

Prepared by:................................................

(Probation Officer............../.........../.......... (date)

Plan: Date of next visit:……………………………

Action point, if any:…………………………………

…………….……..

Signature

(Probation Officer)

FORM XXVD

[see rule 42(4)]

INSPECTION BY INSPECTION COMMITTEE

(Fill as applicable)

Date of visit: ………………………. Time of visit: …………………………

Name of the officials inspecting the Home:

1. .........................................

2. .........................................

3. .........................................

A. General Information:

i. Name and address of the Organisation:

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

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

ii. Registration No. (Under JJ Act, 2015) :………………………...............................

Date of issue : ...................................………………….....................……………...

Date of expiry : ....................................................................................................

iii. Complete address of the CCI:

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

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

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

iv. Name of the Officer/Person-in-Charge:

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

v. Contact No: ………………… Email Id……………………………………………............………............................

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

vi. Type of Home (Please tick  one):

Observation Home/ Special Home/ Place of Safety/ Children's Home/

Open Shelter / Any other (please specify):

vii. If Aided/supported: by State Government, Name of the Department:

viii. If run by Government:

B. Status of Children:

(i) Sanction capacity of the Home………………………….

(ii) Are the children of both sexes below 10 years kept in the same home

Yes No

If yes, number of such children as on today………………….

(iii) Are the bathing and sleeping facilities maintained separately for boys and girls in the age group of 5-10 years Yes No

(iv) Are children segregated in the age group given below? Give number of children in the age group of i. 7-11years :

ii. 12- 18years :

iii. Are there children in the age group of 0-5 years staying there?

Yes No

If yes, Give numbers:

iv. Are there children above 18 years staying there?

Yes No

If yes, Give numbers:

v. No. of new admissions in the current month .....…………….....…….

vi. No. of children who have moved out/released .....…………….....…….

vii. No. of children referred by CWC/JJB during the month .....…………….....…….

viii. No. of children produced before CWC/JJB during the month .....…………….....…….

ix. No. of children as on last day of the previous month .....…………….....…….

x. No. of children with special needs, if yes, give details .....…………….....…….

xi. Interventions made for their rehabilitation: .....…………….....…….

……………………………………………………………………………….

xii. Are the Individual care plans prepared for every child?

Yes No

C. Infrastructure :

• Building:

• Rented:……………… Owned…………………………….

• Are CCTV cameras installed at the entrance Yes No

• Security Adequate or Inadequate

Sufficient space to accommodate the children: Yes No

Space available:

Premises:

• Does the home have a child friendly indoors? Yes/No.

• How often is the sweeping, swabbing done? Twice a day or more

• Are the children involved in cleaning exercise Yes/No during class hours?

• Are the facilities of coolers/ heaters available Yes/ No for children?

• Are the doors and windows maintained properly? Yes/No

• Are the rooms and dormitories well ventilated? Yes/No

• Is there an alternate provision for lights and Yes/No Fans when there is no electricity available?

• Are the outdoors clean, pleasant and Child friendly? Yes/No

Clothing / Bedding / Lockers / Toiletries provided to the children:

• Are the Clothes provided as per size and season Yes/No

• Frequency of changing undergarments Yes/No

• New Clothes are stitched or bought

Yes/No

• Are the mattresses given individually

Yes/No

• Are Pillow given individually

Yes/No

• Are the mattress and pillows clean

Yes/No

• Do children have separate cupboards Yes/No

• Are Bed sheets and Khess available

Yes/No

• Are blankets available in winters

Yes/No

• Number of sets provided on arrival

Yes/No

• Frequency of providing new clothes

Monthly / Quarterly

• Are these sets of same color or different colors? Same / Different

• Are children provided with individual lockers

to keep their personal items

Yes/No

Other articles provided to the children ...................................................................................

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

D. Services provided to the children:

• Medical facilities / Maintenance of Health Cards: ..........................................

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

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

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

• Nutritious / Special Diet: .................................................................................

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

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

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

• Provision of safe drinking water: ....................................................................

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

• Daily Routine of Children

• Education ( Formal Education / NFE & Life Skill Training Programme):

……………………………………………………………………………………

• Computer / Internet / Phone

• Is the facility of Computer with internet available Yes / No

• Is the facility functional Yes / No

• Are the children allowed to use the facility Yes / No

• Is the telephone for official purpose only Yes / No

• Are the children allowed to use telephone fixed timing/ as and when required.

• Is the number of Childline (1098) displayed near the phone Yes / No

• Counseling / Guidance services / Special educator /Physiotherapist, etc. provided.

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

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

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

• Vocational Training ..................................................................................................

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

• Recreational facilities: ..............................................................................................

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

• Linkages developed with other agencies / Department ..........................................

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

• Implementation of track the missing child programme ............................................ Entries of children in track the missing child website ..............................................

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

• User ID and Password provided ..............................................................................

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

• Other programme and activities initiated .................................................................

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

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

E. Staff Details:

F. Children's Committee / Management Committee:

• Formation of Children's Committee:

• Age wise formation of Children's Committee:

• Frequency of Children's Committee Meeting:

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

• Formation of Management Committee:

• Date of constitution of Management Committee and frequency of meetings held:

G. Record Maintenance:

Observations/ Remarks:

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

Name of inspection Committee member:

Signature:

Name of inspection Committee member:

Signature:

Name of inspection Committee member:

Signature:

Name of inspection Committee member:

Signature: ".

JAYASHREE MURALIDHARAN,

Secretary to Government.

PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU