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EXTRAORDINARY wifua 7 yapTrat Published by Authority 7. 233, d8 &r,) %g5a1r, 22 Rdddr; 20 1 7 No. 233, Port Blair, Friday, September 22, 201

rules · 2015 · State unknown

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Parent: THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 (054b319c65f7c641ecd5d36e86bd5b1a288281c0)

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3S7TTt TeT faa5arr 2iGTYRT Andaman And Nicobar Gazette 7r44d 3TMRU EXTRAORDINARY wifua 7 yapTrat Published by Authority 7. 233, d8 &r,) %g5a1r, 22 Rdddr; 20 1 7 No. 233, Port Blair, Friday, September 22, 2017 30S8T6T TeT fardarr Ye1TZTGt ANDAMAN AND NICOBAR ADDMINISTRATION 2aTG 387T01 falaenaT? DIRECTORATE OF SOCIAL WELFARE NOTHHCATON Port Blair, dated the 22nd September, 2017 . No_ 225/2017/No. 16-34/DSWISC-PIL-SB/2013.~In exercise of the powers conferred by Section 110 of the Juvenile Justice (Care and Protection of Children) Act; 2015 (2 of 2016) read with Section 2(59) thereof; the Lt: Governor (Administrator) , Andaman & Nicobar Islands hereby makes the following Rules, namely CHAPTER - | PRELIMINARY 1. Short title and commencement: 1) These rules may be called the A&N Islands Juvenile Justice (Care and Protection of Children) Rules, 2017 . (2) They shall come into force on the date of their publication in the Official Gazette_ 2. Definitions: (1) In these rules, unless the context otherwise requires, "Abandoned' means an unaccompanied and deserted child who is declared abandoned by the Committee after due inquiry; "Act" means the Juvenile Justice (Care and Protection of Children) of Children Act; 2015 (2 of 2016); as amended by the Juvenile Justice (Care and Protection of Children) Amendment Act; 2016,; "Authority" means the Central Adoption Resource Authority constituted under Section 68 of the Act; (iv) "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; "Child Adoption Resource Information and Guidance System" means an online system for facilitating and monitoring the adopti

Rule TOC

1 · Short title and commencement:
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) AIl 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: 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 place of safety and in a manner considered appropriate by it. (5) Where the Board decides to release the child after advice or admonition or after participation in group counselling or orders him to perform community service, necessary direction may also be issued by the Board to the District Child Protection Unit for arranging such counselling and community service_ (6) Where the Board decides to release the child in conflict with law on probation and place him under the care of the parent or the guardian or fit person, the person in whose custody the child is released 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: 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: Time schedule for disposal of the case shall be fixed on the first date of hearing; Scheduled date given in column No_ (2) of 'progress of inquiry' shall be the outer limit within which the steps indicated in column (1) are to be completed: (2) The Board shall submit a quarterly report in Form 12 about the pendency of the cases, visits to Homes etc. to the following: Chief Judicial Magistrate or Chief Metropolitan 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 87 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 child. 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: 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 The Children's Court; while conducting the inquiry shall follow the procedure for trial in summons case under the Code of Criminal Procedure, 1973. 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 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). 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:
18 · Production before the Committee._
21 · Manner of Registration of Child Care Institutions_ (1) AIl 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) AIl such institutions shall make an application in Form 27 together with a copy each of rules, byelaws, 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 blacklisted by the Central or State Government_ (3) The State Government 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, may issue a_ registration certification to such institution under sub-section (1) of section 41 of the Act in Form 28 The State Government; may not grant provisional registration where adequate facilities do not exist in the institution applying for registration and the State 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.
2 · Dormitories each 2 Classrooms Sickroom/First Aid Room Kitchen Dining Hall (vi) Store (vii) Recreation Room (viii) | Library ix) 5 Bathrooms 8 Toilets (xi) Office Rooms
1000 · Sq: ft. for 25 children i.e. 2000 Sq: ft_ 300 Sq: ft. for 25 children i.e. 600 Sq: ft 75 Sq: ft. per children for 10 i.e. 750 Sq: ft: 250 Sq: ft_ 800 Sq; ft. 250 Sq.ft:. 300 Sq.ft: 500 Sq ft: 25 Sq ft. each i.e_ 125 Sq: ft: 25 Sq: ft. i.e. 200 Sq. ft. (a) 300 Sq.ft: (b) Person-in-Charge Room 200 Sq: ft. (xii) Counselling and Guidance Room 120 Sq: ft. (xiii) | Workshop 1125 Sq: ft: for 15 children of 75 Sq ft. per trainee (xiv) | Residence for Person-in-Charge (a) 2 rooms of 250 Sq.ft: each (b) Kitchen 75 Sq.ft: (c) Bathroom-Cum-Toilet 50 Sq: ft (xv) 2 Rooms for Juvenile Justice| 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: (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) AIl institutions under the Act shall: 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; telephone with internet facility; ( web cam; (vi) furniture for officials, record keeping cabinets, work stations, wheel chairs and stretchers for medical room; (vii) chairs and tables for study and dining hall; (vii) projector.
30 · Clothing, Bedding; Toiletries and other Articles. (1) The clothing and bedding shall be as per the scale and climatic conditions The requirements of each child and the minimum standards for clothing and bedding shall be as under: A Bedding S_ Article Quantity to be provided per child No_ 1_ Mattress at the time of admission and subsequently 1 after every 1 year: 2_ Cotton Durry_ 2 at the time of admission and subsequently 2 after every 2 years 3_ Cotton Bed Sheets 2 at the time of admission and subsequently 1 after every 6 months_ 4. Pillow (Cotton stuffed_ at the time of admission and subsequently after every 1 year: 5_ Pillow Covers at the time of admission and subsequently after every_ year. 6. Cotton Blanketsl Khes 2 at the time of admission and subsequently after every 2 years 7. Cotton Filled Quilt at the time of admission and subsequently after every 2 years (in cold region_in addition to the_blankets) 8_ Mosquito Net at the_time of_admission and subsequently_ after every 6 months_ 9_ Cotton Towels 2 at the time of admission and subsequently 1 after every 3 months
100 · ml per month 2 bars of 1OOgm per month in every 3 months 100gm a tube) per month in every 3 months 8 in a month (1Omll per sachet) _ 2 bars of 125gm per month_ 2 bands in 3 months_ 250 ml in a month.
31 · Sanitation and Hygiene. (1) Every Child Care Institution shall have the following facilities, namely: 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;; 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; (xvi) proper washing f vegetables and fruits and hygienic manner of preparing food; (xvii) cleaning of the kitchen slabs, floor and gas after every meal; (xvii) 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_ 32. 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. 33 Nutrition and Diet Scale. (1) The following nutrition and diet scale shall be followed by the Child Care Institutions, namely: the children shall be provided four meals in a day including breakfast; the menu shall be prepared with the help of a nutritional expert or doctor to ensure balanced diet and variety in taste as per the minimum nutritional standard and diet scale; (iii) every Child Care Institution shall strictly adhere to the minimum nutritional standard and diet scale suggested as specified below:
2 · 3_ 4 5_ 6_ 7_ 8_ 9_ 10_ 11_ 12 13_
34 · Medical Care:
43 · Adoption Related Reporting:" 1) The Child Welfare Committees shall, furnish the data relating to children declared legally free for adoption and cases pending for decision to the Authority online in the formats provided in the Adoption Regulations and also to the respective State Adoption Resource Agencies, with the assistance of the District Child Protection Units.
44 · Children who are not being adopted after being declared legally free for adoption may be eligible for Foster Care:" (1) The following categories of children may be considered for Foster Care in following circumstances:
49 · Additional Functions of the Authority:- 1) The Authority shall perform the following functions, in addition to the functions specified in Sub- Section (1) of Section 68 of the Act; namely: receive applications of 3 non-resident Indian or overseas citizen of India or a foreigner living abroad through authorised adoption agency or Central Authority or the Government Department concerned or an Indian Diplomatic Mission and process the same in terms of Sub-Section (5) of Section 59 of the Act; receive and process applications received from a foreigner or an overseas citizen of India residing in India for one year or more, and who is interested in adopting a child from India in terms of Sub-Section 12) of Section 59 of the Act; (iii) issue no-objection certificate in all cases of inter-country adoptions; (iv) issue conformity certificate in the inter-country adoption cases under Article 23 of the 1993 Hague Convention on Protection of Children and Co-operation in respect of Inter- Country Adoption; intimate the immigration authorities of India and the receiving country of the child about the inter country adoption cases; (vi) maintain Child Adoption Resource Information and Guidance System for transparency in the adoption system; (vii) provide support and guidance to State Adoption Resource Agencies, District Child Protection Units, Specialised Adoption Agencies and other stakeholders of adoption and related matters, through trainings, workshops, exposure visits, consultations conferences, seminars and other capacity building programmes; (viii) co-ordinate with State Governments and the State Adoption Resource Agencies and advise them in adoption related matters; (ix) establish uniform standards and indicators, relating to- (a) adoption procedure related to orphan, abandoned and surrendered children and also related to relative adoptions; 'b) quality child care standards in specialised adoption agencies and child care institutions; (c) monitoring and supervision of service providers; (d) standardisation of documents in cases of adoptions; (e) safeguards and ethical practices including online applications for facilitating hassle- free adoptions. conduct research, documentation and publication on adoption related matters; (xi) maintain a comprehensive centralised database relating to children and prospective adoptive parents for the purpose of adoption in Child Adoption Resource Information and Guidance System; (xii) maintain a confidential centralised database relating to children placed in adoption and adoptive parents in the Child Adoption Resource Information and Guidance System; (xiii) carryout advocacy, awareness and information, education, and communication activities for promoting adoption either by itself or through its associated bodies; (xiv) enter into bilateral agreements with foreign Central Authorities, wherever necessary under the Hague Adoption Convention; and (xv) authorise foreign adoption agencies to process applications of non-resident Indians or overseas citizen of India or foreign prospective adoptive parents for inter-country adoption of Indian children.
50 · Terms and conditions of appointment of Members of the Steering Committee of the Authority " (1) A person for being selected or nominated as a member of the Steering Committee of the Authority shall: (i) be an Indian national; (ii) not be below the age of twenty-five years and above the age of sixty years, and for the member who is an adoptee as per clause (e) of Sub-Section (1) of Section 69 of the Act; the minimum age would be twenty-one years; iii) not have been convicted or sentenced to imprisonment for an offence under any law for the time being in force; and (iv) not have been removed or dismissed from service of the Central or State Government or a Body or Corporation owned or controlled by Central or State Government: (2) The members in clause (d) of Sub-Section (1) of Section 69 of the Act; shall be from different zones on rotation basis.
42 · THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, SEPTEMBER 22, 2017
46 · THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, SEPTEMBER 22, 2017
57 · . Procedure in case of offence under Section 78 of the Act:- (1) Whenever a child is found to be vending, carrying, supplying or smuggling an intoxicating liquor, narcotic drug; or psychotropic substance, the police shall enquire how and from whom the child came into possession of the intoxicating liquor, narcotic drug, or psychotropic substance and shall register an FIR forthwith: (2) A child who is alleged to have committed an offence under Section 78 of the Act shall be produced before the Board, which may transfer the child to the Committee, if the child is also in need of care and protection: 58. Procedure in case of offence under Section 80 of the Act - (1) Where any orphan, abandoned or surrendered child, is offered or given or received for the purpose of adoption without following the procedures as provided in the Act and the rules, the police shall, suomotu; or on receipt of information in that regard register an FIR forthwith_ (2) A child who has been so offered, given or received for the purpose of adoption shall be produced before the Committee forthwith which shall pass appropriate directions for rehabilitation of the child, including placing such child in a Specialised Adoption Agency: (3) Wherever any offence under Section 80 of the Act is committed by a recognised Specialised Adoption Agency or by a person associated with such an agency, the Committee may also pass appropriate orders for placing the other children placed with the Specialised Adoption Agency in any other Child Care Institution or Specialised Adoption Agency- 59. Procedure in case of offence under Section 81 of the Act: (1) On receipt of information about the selling or buying of a child, the police shall register an FIR forthwith. (2) Giving or agreeing to give, receiving or agreeing to receive any payment or reward in consideration of adoption, except as permitted under the adoption regulations framed by the Authority, towards the adoption fees or service charge or child care corpus by any prospective adoptive parent(s) or parent or guardian of the child or the Specialised Adoption Agency shall amount to an offence under Section 81 of the Act and this rule_ (3) A child, who has been subjected to buying or selling, shall be produced before the Committee forthwith which shall pass appropriate orders for the rehabilitation of the child. (4 Where any offence under Section 81 of the Act is committed by a parent or a guardian of the child or any other person having actual charge or custody of the child, the Committee shall pass appropriate orders for placing the child in a Child Care Institution or fit institution or with a fit person, as the case may be_ (5) Where any offence under Section 81 of the Act is committed by a Child Care Institution including Specialised Adoption Agency or by a hospital or nursing home or maternity home; or a person associated with such an institution or agency; the Committee may also pass appropriate orders for placing the other children placed with such Child Care Institution or Specialised Adoption Agency or hospital or nursing home or maternity home in any other Child Care Institution or Specialised Adoption Agency or hospital or nursing home or maternity home, as the case may be. (6) The Committee shall recommend to the State Government that the registration or recognition of such agency or institution or the registration or license of such a hospital or nursing home or maternity home or such associated person under any law for the time being in force shall also be withdrawn:
60 · Procedure in case of offence under Section 82 of the Act - (1) A complaint of subjecting a child to corporal punishment under Section 82 of the Act may be made by the child or any one on his behalf: (2) Every Child Care Institution shall have a complaint box at a prominent place in the building to receive complaints of corporal punishment: (3) The complaint box will be opened in the presence of a representative of the District Child Protection Unit once a month: (4) AII such complaints shall be forthwith presented before the Judicial Magistrate of First Class nearest to the Child Care Institution and copies thereof shall be forwarded to the Board or the Committee.
48 · THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, SEPTEMBER 22, 2017
50 · THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, SEPTEMBER 22, 2017
52 · THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, SEPTEMBER 22, 2017
54 · THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, SEPTEMBER 22, 2017
68 · Searches and Seizures: (1) The Person-in-charge or other authorised functionary of the Home may conduct searches if required, and seize prohibited articles, if found. (2) The procedure in case of seizures shall be as under: any prohibited article found during the search, shall be seized by the Person-in-charge and a list of such seizure prepared; in case of arms, weapons, articles capable of being used as weapons or tools for criminal activities or addictive substances being found from a child or dormitory, the Person-in- charge shall conduct an inquiry to ascertain the presence of such articles and the persons responsible for such act; iii) the Person-in-charge shall furnish his report in this respect to the police and inform the Board or the Committee at the earliest; (iv) the Board may initiate appropriate action upon such report or on the report forwarded by the Committee for disposal of the seized articles; the State Government shall take appropriate action against the person responsible, if such person is an officer of the Child Care Institution or against the agency through whom the said person has been engaged or the Child Care Institution; (vi) the child responsible shall be dealt within accordance with the Act and the rules made thereunder. (3) All the articles seized shall be destroyed or disposed of having regard to the nature of the articles, on the orders of the competent court, after being satisfied that the seized articles are not required in any inquiry or departmental action against any officer or in any criminal investigation and proceedings. 69 Institutional Management of Children " A (1) Every child shall be received by the Person-in-charge of the Child Care Institution or such other official duly authorised by the Person-in-charge to receive a child, referred to as the Receiving Officer:
56 · THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, SEPTEMBER 22, 2017
58 · THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, SEPTEMBER 22, 2017
75 · Death of a Child: (1) On the occurrence of any case of death or suicide of a child in a Child Care Institution, the procedure to be adopted shall be as under: The institution must ensure that an inquest and post-mortem examination is held at the earliest. In case of natural death or death due to illness of a child; the Person-in-charge shall obtain report of the Medical Officer stating the cause of death and a written intimation about the death shall be given immediately to the nearest Police Station, Board or Committee and the parents or guardians or relatives of the child.
77 · . Maintenance of Registers The persons mentioned in Column (3) shall maintain registers and forms under the Act and the Rules made thereunder in Column (2) whose custodian shall be the persons mentioned in Column (4) thereof as under: TABLE
78 · Openness and Transparency_ (1) All Child Care Institutions shall be open to visitors with the permission of the Board or the Committee or the Person-in-charge, who may allow voluntary organisations, social workers, researchers, doctors, academicians, and such other persons as the Management Committee may permit or consider appropriate keeping in view the security, welfare and the interest of the children: (2) Where permission referred to in sub-rule(1) is given by the Person-in-charge, he shall make a monthly report of such permission including the orders received from the Board or the Committee to the State Child Protection Society and also to the Board or the Committee, as the case may be.
81 · Transfer of Child - (1) During the inquiry, if it is found that the child hails from a place outside the jurisdiction of the Board or the Committee, the Board or the Committee shall order the transfer of the child and send a copy of the order stating the reasons for and circumstances of such transfer to the State Government and District Child Protection Unit.
82 · Restoration and Follow-up:" (1) The Board or the Committee or the Children's Court may make an order in Form 44 for the release of the child placed in a Child Care Institution after hearing the child and his parents or guardian, and after satisfying itself as to the identity of the persons claiming to be the parents or the guardian: (2) While passing an order for restoration of the child, the Board or the Committee or the Children's Court shall take into account the reports of the Probation Officer, Social Worker or Child Welfare Officer or Case Worker or non-governmental organisation, including report of a home study prepared on the direction of the Board or the Committee or the Children's Court in appropriate cases, and any other relevant document or report brought before the Board or the Committee or the Children's Court.
1 · Name
2 · FatherIMotherIGuardian's name_
3 · Agel Date of Birth
4 · Address
5 · Religion
10 · Habits of the child
12 · Details of income utilization:
13 · The details of education of the child:
15 · The details of the school in which studied last:
16 · Vocational training, if any
17 · . Majority of the friends are Educated Illiterate (iii) The same age group (iv) Older in age (v) Younger in age (vi) Same sex (vii) Opposite sex (viii) Addicts (ix) With criminal background
18 · Whether the child has been subjected to any form of abuse: YesINo S.No. Type of Abuse 1. Verbal abuse parentslsiblingsl employerslothers (pl. specify)
19 · Whether the child is a victim of any offence:
20 · Whether the child is used by any gangs or adults or group of adults or has been used for drug peddling:
21 · Reason for alleged offence such as parental neglect or over protection, peer group influence etc_
22 · Circumstances in which the child was apprehended
23 · Details of articles recovered from the child:
24 · Alleged role of the child in the offence
25 · Suggestions of Child Welfare Police Officer_
3 · That shall do my best for the welfare and education of the child as long as hel she remains in my charge and shall make proper provision for his/her maintenance.
6 · That; if hislher conduct requires further supervision or care and protection , shall at once inform the Board.
7 · That; if the child goes out of my charge or control_ shall immediately inform the Board:
20 ·
1 · Name.
2 · Age/Date/Year of Birth. 3. Sex.
4 · Caste
5 · Religion. 6. Father's Name_ 7 . Mother's Name
8 · Guardian's Name_
9 · Permanent Address
10 · Landmark of the address
11 · Address of last residence. 12. Contact No of fatherlmotherlfamily member _ 13. Whether the child is differently abled: Yes/No Hearing Impairment (ii) Speech Impairment (iii) Physically disabled (iv) Mentally disabled Others (please specify) 14. Family Details: S_ Name and Age Sex Education Occupation Income Health History of Addictions No_ Relationship status Mental (if any) Illness (if any) (2) (3) 5) (6) (8) 9 (10)
15 · If the child or person is married, name, age and details of spouse and children:
16 · Relationship among the family members:
17 · . History of involvement of family members in offences, if any: S_ Relationship Nature of Legal Arrest, if No. Crime status of any made the case 1 Father
18 · Attitude towards religion of child and family:
19 · Present living conditions
20 · Other factors of importance, if any _
21 ·
33 · Attitude of the child towards friends
34 · Attitude of friends towards the child
35 · Observations of neighbours towards the child. 36. Observations about neighbourhood (to assess the influence of neighbourhood on the child):
37 · Whether the child has been subjected to any form of abuse, if applicable:
38 · Whether the child is a victim of any offence:
39 · Whether the child is used by any gangs or adults or group of adults or has been used for drug peddling: YesINo 40. Does the child has tendency to run away from home, give details, if any: Yes/No 41. Circumstances of apprehension of the child. 42. Alleged role of the child in the offence_ 43. Reason for alleged offence: Parental neglect (ii) Parental overprotection (iii) Parents criminal behaviour (iv) Parents influence (negative) (v Peer group influence (vi) Bad habits (to buy drugslalcohol) (vii) Others (pl. specify) 44. Whether the child has been apprehended earlier for any offence, if yes give details including stay in a child care institution YesINo
45 · Previous institutionallcase history and individual care plan, if any: 46. Physical appearance of the child:
47 · Health condition of the child (including medical examination report; if applicable)
48 · Mental condition of the child:
49 · Any other remark
1 · Emotional factors
2 · Physical condition
4 · Social and economic factors.
5 · Suggestive causes of the problems_
6 · Analysis of the case, including reasonslcontributing factors for the offence_
7 · . Opinion of experts consulted_
8 · Recommendation regarding rehabilitation by Probation Officer/Child Welfare Officer
10 · Level of Education_
11 · Details of Savings Account of the child; if any_
12 · Details of child's earnings and belongings, if any.
13 · Details of awardslrewards received by the child, if any 14. 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:
10 · 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: (Please specify)
1 · Name of the Probation OfficerICase WorkerIChild Welfare Officer.
2 · Period of the report_
3 · Admission No_
4 · Board or Committee_
5 · Profile No_
6 · Name of the Child:
8 · Place of interview
9 · General conduct and progress of the child during the period of the report
10 · Progress made with regard to proposed interventions as mentioned in point 14 of Part A of this Form_
12 · Period of supervision completed on. Result of supervision with remarks (if any). Name and Addresses of the parent or guardian or fit person under whose care the child is to live after the supervision is over.
10 · Details of Probation Officer up
15 · Any other information.
10 · Efforts towards social mainstreaming and child's opinionlviews about it: 11. Identity Cards and Compensation
2 · Observations:
3 · Visit to Schooll Vocational Training Centre
4 · Visit to place of employment:
7 · Recommendations for modifications in Rehabilitation and Restoration Plan under the Individual Care Plan if any:
4 · months to 6 months
6 · months to 1 year
2 · Individual Care Plan (Attach a copy)
3 · Fortnightly progress made as per Individual Care Plan
4 · Development of new interests
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)
10 · Rehabilitation Card in Form 14.
12 · All details, documents and records with regards to Sponsorship/Foster CarelAdoption Services (if applicable):
1 · Details of person who is producing the child:
2 · The child who is being produced:
3 · Details of parents / guardians (if available):
4 · Place where the child was found.
5 · The details of the person (if any) with whom the child was found:
10 · Date and time at which the child came to the CCIISAA.
11 · Immediate efforts made to trace family of the child
12 · Medical treatment; if provided to the child
13 · Whether police has been informed
20 · residing at
4 · the child shall go to schooll vocational training centre regularly: The child shall attend (name of) schooll vocational training centre (if already identified) at (address of schooll 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 carriedout: Dated, this day" of 20
2 · 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.
4 · 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:
2 · Age/Date/ Year of Birth. 3_ Sex
10 · Landmark of the Address_
11 · Address of last residence _
12 · Contact No of fatherlmotherlfamily member. 13. Whether the child is differently abled: Yesl No Hearing Impairment Speech Impairment (iii) Physically disabled (iv) Mentally disabled Others (please specify) 14. Family Details:
15 · Relationship among the family members:
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
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 25. The details of the school in which studied last(tick as applicable) a CorporationlMunicipal/Panchayat b. GovernmentISC Welfare SchooIIBC Welfare School
26 · Attitude of classmates towards the child_
27 · . Attitude of 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 C. Indifferent attitude of the teachers d. Peer group influence e: To earn and support the family f. Sudden demise of parents g. Bullying in school h. Rigid school atmosphere Absenteeism followed by running away from school j. There is no appropriate level of school nearby k Abuse in school I. Humiliation in school m. Corporal punishment n: Medium of instruction 0 Others (pl. 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) 33. Majority of the friends are (tick as applicable) a) Educated b) Illiterate c) The same age group 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 of the child: (Present and past) . 39. Health status of the child
42 · Historyl 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) Abuse by parent(s)Iguardian(s)step parents(s) In search of employment (iii) Peer group influence (iv) Incapacitation of parents Criminal behaviour of parents
45 · Whether the child is a victim of any offence YesINo 46. Types of abuse met by the child (tick as applicable) Verbal abuse parentslsiblings/ employerslothers (pl. specify) Physical abuse (iii) Sexual abuse parentslsiblings/ Employerslothers (PI. specify) (iv) Others parentslsiblingsl employerslothers (pl. Specify) 47 . Types of iIl-treatment met by the child(tick as applicable): i) Denial of food parentslsiblings employerslother (pl. specify) ii) Beaten mercilessly -parentsl Siblingslemployerslother (pl. specify) iii) Causing injury -parentsl siblingslemployerslother (pl. specify) iv) Detention -parents/ siblingslemployerslother (pl. specify) V) Other(please specify)_ parentslsiblingslemployerslothers(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 Yesl No 50. Whether the child has been used for begging: Yesl No 51. Whether the child is used by any gangs or adults or group of adults or has been used for drug peddling: Yesl No 52. Previous institutionallcase 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):
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 reasonslcontributing 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 institutionallcase 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.
2 · Declaration by Witnesses
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 Agencyl 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
1 · Detail of Applicantl Institution which proposes to run the Child Care Institution:
2 · Details of the proposed Child Care Institution Name of the proposed Child Care Institution. (ii) Type/Kind of Child Care Institution. (ii) Complete addressl location of proposed Child Care Institution or organization (iv) STD Codel Telephone No. STD Code /Fax No. (vi) E-mail address_ 3. Connectivity (Name and Distance from the proposed Child Care Institution): Main Road. Bus -stand_ Railway Station. (iv) Any landmark: 4 Infrastructure
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
7 · . Total number of children admitted during the month. 8. Total number of children in the Open Shelter on the last day of the month_ 9 Total number of children who availed the facilities of the Open Shelter during the month. 10. Out of these the number of children who availed the services only during the day in the month:
4 · 5 6 7 8 9 10 12 13 14
3 · a
5 · Interaction with Foster Parents a Parent's impressions about the behavior (emotional well-being) of the child in the family
6 · Interaction with biological children of the Foster Parents: The things they do together with the Dining foster child Playing
1 · Detail of Institution/ Agencyl Organization which seeks recognition as fit facility
1 · b
1 · C
1 · d
1 · e
1 · g
1 · h
2 · a
2 · b
2 · C
2 · d
3 · a
3 · b
3 · C
3 · d
4 · a
4 · b
1 · a
4 · c 4.d 4.e
4 · f
4 · h
4 · 1
6 · c
7 · 7.a 7.b 8 8.a 8.b
8 · c 8.d
8 · e
8 · f
8 · g
8 · h
8 · i
4 · 9
1 · Name of the child 2. Age of the child 3. Mother's Name 4. Father's Name 5. Address of parentlguardians 6. Date of receiving by Organization/Institution: 7_ Name & contact details of the person producing child: 8. Date of Inquiry: This is to authorize and direct you to receive the above named child in your Child Care Institution and keep herlhim in your charge for protective custody under the J.J. Act, 2015. And to produce the child on Next Date of hearing. (Signature)
1 · Name. 2. Male Female (tick the appropriate category) 3. Age at the time of admission_ 4 Present age 5. Category (tick as applicable):
15 · With whom the child was staying prior to admission i Parent(s) Mother Father Both ii_ Siblings Blood relative iii. Guardian(s) Relationship iv. Friends V On the street vi. Night shelter vii_ Orphanages Hostels/ Similar Homes viii. Others (pl. specify) 16. Visit of the parents t0 meet the child Prior to institutionalization- Frequently Occasionally Rarely Never After institutionalization Frequently Occasionally Rarely Never 17 . Visit of the Child to his parents Prior to institutionalization Frequently Occasionally Rarely / During festival times During summer holidays Whenever fallen sick Never After institutionalization-- Frequently / Occasionally Rarely / During festival times / During summer holidays Whenever fallen sick Never 18. Correspondence with parents Prior to institutionalization Frequently Occasionally Rarely During festival times During summer holidays Whenever fallen sick Never After institutionalization Frequently Occasionally Rarely / During festival times During summer holidays Whenever fallen sick Never 19. Details of disability 20. Type of Family Family / joint familyl broken family single parent 21. Relationship among the family members:
22 · History of crime committed by family members,_if any: S_ Relationship Nature of Legal Arrest, if No_ Crime status of any made the case
23 · Properties owned by the family: Landed properties (pl. specify the area) Household articles- Cowsl Cattlel Bull iii_ Vehicles- two wheelerl three wheelerl four wheeler (lorryl bus/ carl tractor/ jeep) iv . Others (please specify) 24. Marriage details of family members: i) Parents Arrangedl Special Marriage Brothers Arranged/ Special Marriage iii) Sisters Arranged/ Special Marriage
25 · Social activities of family members: Participate in social and religious functions ii Participate in cultural activities iii_ Does not participate in social and religious functions iv. Not known 26. Parental care towards child before admission: Over protection ii. Affectionate iii Attentive iv. Not affectionate V Not attentive vi. Rejection ADOLESCENCE HISTORY (Between 12 and 18 years) 27. At what age did the child attain puberty? 28. Details of delinquent behaviour; if any Stealing ii. Pick pocketing iii. Arrack selling iv_ Drug pedaling V Petty offences vi. Violent crime vii. Rape viii_ None of the above ix. Others (please specify) 29. Reason for delinquent behaviour 1 Parental neglect ii Parental overprotection iii. Parents criminal behavior iv. Parents influence (negative) V Peer group influence To buy drugslalcohol vi. Others (pl. specify) 30. Habits
32 · Details of income utilization: Sent to family to meet family need For dress materials ii For gambling iii. For prostitution iv_ For alcohol V For drug vi. For smoking vii. Savings 33. Details of savings With employers With friends iii. BankIPost Office iv. Others (pl: specify) 34. Duration of working hours i. Less than six hours ii. Between six and eight hours iii More than eight hours EDUCATIONAL DETAILS 35. The details of education of the child prior to the admission to Children's Home Illiterate ii. Studied upto V Standard iii. Studied above V Std. but below VIII Standard iv. Studied above VIII Std. but below X Standard V Studied above X Standard 36. The reason for leaving the School a Failure in the class last studied b. Lack of interest in the school activities c. Indifferent attitude of the teachers d Peer group influence e To earn and support the family f Sudden demise of parents g. Rigid school atmosphere h: Absenteeism followed by running away from school There is no age appropriate school nearby j. Others (pl. specify) 37 . The details of the school in which studied last: Corporation/Municipal/Panchayat ii. GovernmentISC Welfare SchoolIBC Welfare School iii. Private Managementl Convents 38. Medium of instruction: Hindi/English/Urdu/Tamil/Malayalam/Kannadal TelugulMarathi /Gujaratil Bengali Other language (please specify) 39. After admission to Children's Home, the educational attainment from the date of admission till date No: of years Class studied Promoted Idetained 40. Vocational training undergone from the date of admission into Children's Home till date. No: of years Name of Vocational Trade Proficiency Attained Details of certification 41 Extra-Curricular activities developed form the date of admission into the Children's Home till date Scout ii) Sports (please specify) iii) Athletics (please specify) iv) Drawing Painting vi) Others (pl. specify) MEDICAL HISTORY 42. Height and weight at the time of admission: 43. Physical condition:
44 · Medical history of child (gist): 45. Medical history of parentlguardian (gist): 46. Present health status of the child:
47 · Height and Weight Chart_ Date, Month and Year Height
54 · The locationlmeeting point of the groups Usually at fixed place ii. Places are changed frequently iii No specific places iv. Meeting point is fixed conveniently 55. The reaction of the society when the child first came out of the family Supportive ii. Rejection iii. Abuse iv. III-treatment V Exploitation 56. The reaction of the police towards children Compassionate ii. Harsh iii. Aggressive and abusive iv. Exploitative v. IIl-treated 57 . The response of the general public towards the child HISTORY OF THE CHILD (Brief) Education Health Vocational training Extra Curricular activities Others Suggestion of Child Welfare Officer/ Probation Officer after orientation to child and the response towards orientation: Follow-up by Child Welfare Officerl Probation Officerl Case Workerl Social Worker Quarterly Review of Case History by Management Committee
1 · 9 " 14 F. Children's Committee Management Committee Formation of Children's Committee Age-wise formation of Children's Committee Frequency of Children's Committee Meeting: