Section Section 41
, So as to place a person above the age of eighteen years or child in conflict w
section 41, So as to place a person above the age of eighteen years or child in conflict with law, who is between the age of sixteen to eighteen years and is accused of or convicted for committing a heinous offence_
(2) Every place of safety shall have separate arrangement and facilities for stay of such children Or persons during the process of inquiry and children O persons convicted of committing an offence:
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(3) The State Government may, by rules, prescribe the types of places that can be designated as place of safety under sub-section (1) and the facilities and services that may be provided therein:
50. Children's Home: 1) The State Government may establish and maintain, in every district Or group of districts, either by itself 0r through voluntary O non-governmental organisations, Children' $ Homes, which shall be registered as such, for the placement of children in need of care and protection for their care, treatment, education, training, development and rehabilitation.
(2F The State Government shall designate any Children's Home as a home fit for children with special needs delivering specialised services, depending On requirement: (3) The State Government may, by rules, provide for the monitoring and management of Children S Homes including the standards and the nature of services to be provided by them; based on individual care plans for each child.
51. Fit facility: (1) The Board or the Committee shall recognise
facility being run by Governmental organisation Or a voluntary O non-governmental organisation registered under any law for the time being in force to be fit to temporarily take the responsibility of a child for a specific purpose after due inquiry regarding the suitability of the facility and the organisation to take care of the child in such manner as may be prescribed.
(2) The Board or the Committee may withdraw the recognition under sub-section (/) for reasons to be recorded in writing; 52. Fit person: 1) The Board or the Committee shall, after due verification of credentials, recognise any person fit to temporarily receive a child for care, protection and treatment of such child for specified period and in the manner as may be prescribed.
(2) The Board or Committee, as the case may be, may withdraw the recognition granted under sub- section (Z) for reasons to be recorded in writing:
53. Rehabilitation and re-integration services in institutions registered under this Act and management thereof: (1) The services that shall be provided, by the institutions registered under this Act in the process of rehabilitation and re-integration f children, shall be in such manner as may be prescribed, which may include basic requirements such as food, shelter, clothing and medical attention a8 per the prescribed standards;
(ii) equipment such as wheel-chairs, prosthetic devices, hearing aids, braille kits, O any other suitable aids and appliances as required, for children with special needs;
(iii) appropriate education, including supplementary education, special education, and appropriate education for children with special needs:
Provided that for children between the age of six to fourteen years, the provisions of the Right of Children to Free and Compulsory Education Act; 2009 (35 of 2009) shall apply;
(iv) skill development; occupational therapy and life skill education; vi _ mental health interventions, including counselling specific to the need of the child; (vii) recreational activities including sports and cultural activities;
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(viii) legal aid where required;
(ix) referral services for education, vocational training, de-addiction, treatment of diseases where required; case management including preparation and follow up of individual care plan;
(xi) birth registration;
(xii) assistance for obtaining the proof of identity, where required; and (xiii) any other service that may reasonably be provided in order to ensure the well-being of the child, either directly by the State Government, registered or fit individuals Or institutions O through referral services.
(2) Every institution shall have Management Committee, to be set up in manner as may be prescribed, to manage the institution and monitor the progress of every child.
(3) The officer in-charge of every institution, housing children above six years of age, shall facilitate setting up of children'$ committees for participating in such activities as may be prescribed, for the safety and well-being of children in the institution.
54. Inspection of institutions registered under this Act: -(/) The State Government shall appoint inspection committees for the State and district, as the case may be, for all institutions registered or recognised to be fit under this Act for such period and for such purposes, as may be prescribed
(2) Such inspection committees shall mandatorily conduct visits to all facilities housing children in the area allocated, at least once in three months in a team of not less than three members, of whom at least one shall be woman and one shall be medical officer, and submit reports of the findings of such visits within a week of their visit, to the '[District Magistrate], for further action.
(3) On the submission of the report by the inspection committee within a week of the inspection, appropriate action shall be taken within a month by the ?[District Magistrate] and a compliance report shall be submitted to the State Government.
55. Evaluation of functioning Of structures -(1) The Central Government O State Government '[or District Magistrate] may independently evaluate the functioning of the Board, Committee, special juvenile police units, registered institutions, or recognised fit facilities and persons, at such period and through such persons O institutions as may be prescribed by that Government.
(2) In case such independent evaluation is conducted by both the Governments, the evaluation made by the Central Government shall prevail.
CHAPTER VIII
ADOPTION
56. Adoption:~(1) Adoption shall be resorted to for ensuring right to family for the orphan, abandoned and surrendered children, aS per the provisions of this Act, the rules made thereunder and the adoption regulations framed by the Authority.
1. Subs. by Act 23 0f 2021,s. 15, for District Child Protection Units or State Government; as the case may be" (W.e.f 1-9- 2022) 2. Subs: by s. 15,ibid,, for District Child Protection Unit or the State Government (w.e.f: 1-9-2022)- 3 Ins. by $. 16, ibid. (w.e.f: 1-9-2022)_
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2) Adoption of a child from a relative by another relative, irrespective of their religion, can be made as per the provisions of this Act and the adoption regulations framed by the Authority. (3) Nothing in this Act shall apply to the adoption of children made under the provisions of the Hindu Adoption and Maintenance Act; 1956 (78 of 1956). All inter-country adoptions shall be done only as per the provisions of this Act and the adoption regulations framed by the Authority. Any person; who takes O sends a child to a foreign country Or takes part in any arrangement for transferring the care and custody of a child to another person in a foreign country without valid order from the '[District Magistrate], shall be punishable as per the provisions of
Roop's Law Assist