Section Section 38
(3) After the completion of the inquiry, if Committee is of the opinion that the
section 38. (3) After the completion of the inquiry, if Committee is of the opinion that the said child has no family or ostensible support o is in continued need of care and protection, it may send the child to Specialised Adoption Agency if the child is below six years of age, children's home or to fit facility Or person O foster family, till suitable means of rehabilitation are found for the child, as may be prescribed, or till the child attains the age of eighteen years: Provided that the situation of the child placed in a children's home Or with a fit facility O person O a foster family, shall be reviewed by the Committee, as may be prescribed. The Committee shall submit a quarterly report on the nature of disposal of cases and pendency of cases to the District Magistrate in the manner as may be prescribed, for review of pendency of cases_ (5) After review under sub-section (4), the District Magistrate shall direct the Committee to take necessary remedial measures to address the pendency, if necessary and send report of such reviews to the State Government; who may cause the constitution of additional Committees, if required: Provided that if the pendency of cases continues to be unaddressed by the Committee even after three months of receiving such directions, the State Government shall terminate the said Committee and shall constitute a new Committee. (63 In anticipation of termination of the Committee and in order that no time is lost in constituting a new Committee, the State Government shall maintain a standing panel of eligible persons to be appointed as members of the Committee. In case of any delay in the constitution of new Committee under sub-section (5), the Child Welfare Committee of a nearby district shall assume responsibility in the intervening period. 37. Orders passed regarding a child in need of care and protection: (1) The Committee on being satisfied through the inquiry that the child before the Committee is child in need of care and protection,
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may, on consideration of Social Investigation Report ![***] and taking into account the child 's wishes in case the child is sufficiently mature to take a view, pass one Or more of the following orders, namely: declaration that a child is in need of care and protection; b restoration of the child to parents Or guardian or family with O without supervision of Child Welfare Officer or designated social worker; (c) placement of the child in Children s Home or fit facility or Specialised Adoption Agency for the purpose of adoption for long term or temporary care, keeping in mind the capacity of the institution for housing such children, either after reaching the conclusion that the family of the child cannot be traced or even if traced, restoration of the child to the family is not in the best interest of the child; placement of the child with fit person for long term or temporary care; foster care orders under
Roop's Law Assist