Roop's Law Assist
Waitlist

MINISTRY OF WOMEN AND CHILD DEVELOPMENT NOTIFICATION

ed4648feeddd2af75580f5208f62ee4e6eda2d67 · 2015 · State unknown

Download PDFParent ActBack to Subordinates
Parent: THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 (054b319c65f7c641ecd5d36e86bd5b1a288281c0)

Text

MINISTRY OF WOMEN AND CHILD DEVELOPMENT NOTIFICATION New Delhi, the 21 st September, 2016 G.S.R. 898.—In exercise of the powers conferred by the proviso to sub-section (1) of section 110 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), the Central Government hereby makes the following model rules, namely:- CHAPTER – I PRELIMINARY Short title and commencement.- (1) These rules may be called the Juvenile Justice (Care and Protection of Children) Model Rules, 2016. They shall come into force on the date of their publication in the Official Gazette. Definitions.- (1) In these model rules, unless the context otherwise requires,- (i) “Act” means the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016); (ii) “Authority” means the Central Adoption Resource Authority constituted under section 68 of the Act; (iii) "Case Worker" means a representative from a registered voluntary or non-governmental organisation who shall accompany the child to the Board or the Committee and may perform such tasks as may be assigned to him by the Board or the Committee; (iv) "Child Adoption Resource Information and Guidance System" means an online system for facilitating and monitoring the adoption programme; (v) "Child Study Report" means the report which contains details about the child, such as his date of birth and social background; (vi) "community service" means service rendered by children in conflict with law who are above the age of fourteen years and includes activities like maintaining a park, serving the elderly, helping at a local hospital or nursing home, serving disabled children, serving as traffic volunteers etc. (vii) “Form” means the forms annexed to these rules; (viii) "Home Study Report" means a report containing details of pr

Rule TOC

8 · Pre-Production action of Police and other Agencies.-(1) No First Information Report shall be registered except where a heinous offence is alleged to have been committed by the child, or when such offence is alleged to have been committed jointly with adults. In all other matters, the Special Juvenile Police Unit or the Child Welfare Police Officer shall record the information regarding the offence alleged to have been committed by the child in the general daily diary followed by a social background report of the child in Form 1 and circumstances under which the child was apprehended, wherever applicable, and forward it to the Board before the first hearing:
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.
13 · Procedure in relation to Children’s Court and Monitoring Authorities.-
14 · Destruction of records.- The records of conviction in respect of a child in conflict with law shall be kept in safe custody till the expiry of the period of appeal or for a period of seven years, and no longer, and thereafter be destroyed by the Person-in-charge or Board or Children's Court, as the case may be:
15 · Composition and Qualifications of Members of the Committee.- (1) There shall be one or more Committees in each district to be constituted by the State Government through a notification in the Official Gazette.
16 · Rules and Procedures of Committee.- (1) The Chairperson and members of the Committee shall be paid such sitting allowance, travel allowance and any other allowance, as the State Government may prescribe but not less than Rs.1500 /- per sitting.
24 · . Sponsorship.- (1) The State Government shall prepare sponsorship programmes, which may include:
25 · After Care of Children Leaving Institutional Care.- (1) The State Government shall prepare a programme for children who have to leave Child Care Institutions on attaining eighteen years of age by providing for their education, giving them employable skills and placement as well as providing them places for stay to facilitate their re-integration into the mainstream of society.
26 · Management and Monitoring of Child Care Institutions.- (1) The personnel strength of a Child Care Institution shall be determined according to the duty, posts, hours of duty and category of children that the staff is meant to cater to.
28 · Fit Person.- (1) Any individual who is fit to temporarily receive a child for care, protection or treatment, for a period as may be necessary, may be recognised by the Board or the Committee as a fit person.
29 · Physical infrastructure.- (1) The accommodation in each institution shall be as per the following criteria, namely:-
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:
34 · Medical Care.- (1) In all Child Care Institutions, a medical officer shall be made available on call whenever necessary for regular medical check up and treatment of children.
35 · Mental Health.- (1) The environment in an institution shall be free from abuse, allowing children to cope with their situation and regain confidence.
41 · Inspection.- (1) The State Government shall constitute State and district level inspection committees.
42 · Evaluation.- (1) The evaluation of functioning of the Board, Committee, special juvenile police units, registered institutions, or recognised fit facilities and persons under the Act may be done by the Central Government or the State Government once in three years through institutions and agencies such as reputed academic institutions, schools of social work of Universities, Management Institutions, multidisciplinary Committee especially constituted for the purpose etc.
51 · Transaction of business of the Steering Committee of the Authority.- (1) The Steering Committee of the Authority shall meet once in a month.
55 · Procedure in case of offence under section 75 of the Act.- (1) For the purposes of section 75 of the Act and this rule, giving a child in marriage shall be considered as cruelty to the child. On receipt of
61 · Duties of the Person-in-charge of a Child Care Institution.- (1) The primary responsibility of the Person-in-charge is of maintaining the Child Care Institution and of providing care and protection to the children.
62 · Duties of the Child Welfare Officer or Case Worker.- (1) Every Child Welfare Officer or Case Worker in the Child Care Institution shall carry out all directions given by the Board or the Committee or the Children's Court.
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.
69 · Institutional Management of Children.-
70 · Prohibited Articles.- (1) No person shall bring into the Child Care Institution the following prohibited articles, namely:-
72 · Disposal of articles.- (1) The money or valuables belonging to a child shall be disposed of in the following manner, namely:
74 · Visits to and communication with children.- (1) Every child in the Child Care Institution may be permitted to have one meeting in a week with his relatives:
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:
86 · Special Juvenile Police Unit.- (1) The State Government shall constitute a Special Juvenile Police Unit in each district and city to co-ordinate all functions of police related to children.
93 · Non-Compliance of the Act and the Rules: Any officer/institution, statutory body etc., who fails to comply with the provisions of the Act and the Rules framed thereunder, the State Government may take action against such officer/ institution, statutory body etc. after due inquiry and simultaneously make alternative arrangements for discharge of functions for effective implementation of the Act.
94 · Repeal.- The Juvenile Justice (Care and Protection of Children) Rules, 2007 notified vide G.S.R.
7 · . Family Details:
10 · Habits of the child
12 · Details of income utilization:
1 · Name………………………………………………………………………………
14 · Family Details:
15 · If the child or person is married, name, age and details of spouse and children:
16 · Relationship among the family members:
20 · Other factors of importance if any…………………………………
8 · Caste…………………………………………
3 · Admission No……………………………………………………………………………..
10 · Progress made with regard to proposed interventions as mentioned in point 14 of Part A of this Form.
10 · Efforts towards social mainstreaming and child’s opinion/views about it…………
274 · THE GAZETTE OF INDIA : EXTRAORDINARY
2 · Father’s/Mother’s/Guardian’s name (if available)
1 · Name…………………………………………………….
3 · Sex…………………………………………………………….
4 · Caste…………………………………………………………
5 · Religion……………………………………………………………
14 · Family Details:
15 · Relationship among the family members:
10 · Evidence Relied:
2 · Psychosocial Assessment:
2 · 1 Interaction with the prospective foster parents
2 · 2 Home visit findings
2 · 3 Interaction with the family members
2 · 4 Financial capacity
2 · 5 Physical and emotional capacity
3 · Recommendation for Foster care
3 · 1 Do you recommend the prospective foster parents for foster care? Put your views and rationale for recommending the prospective foster parents for foster care.
3 · 2 In case, you do not recommend the prospective foster parents for foster care, cite appropriate reasons for taking such decision.
15 · Placement history if the child is from institution
16 · Reason for placement if the child is from community
5 · . Interaction with Foster Parents
6 · Interaction with biological children of the Foster Parents:
7 · Interaction with the School Teachers:
8 · Interaction with Parents of Origin
9 · Interaction with Neighbours
8 · f List of other sources of grant- in – aid funding (if any )with the name of the scheme / project , purpose amount, etc. (separately)
8 · g Details of existing bank account of the agency indicating branch code account no.
8 · h Whether the agency agrees to open a separate bank account for the grant proposed
8 · i Annex -Photocopy of Accounts of last three years:
15 · With whom the child was staying prior to admission
17 · Visit of the Child to his parents
18 · Correspondence with parents -
19 · Details of disability
20 · Type Family: Family / joint family/ broken family / single parent
21 · Relationship among the family members:
22 · History of crime committed by family members, if any:
30 · Habits
32 · Details of income utilization:
47 · Height and Weight Chart
1 · The Person in charge, Child Care Institution.
2 · The District Child Protection Unit or non-governmental organization or Childline
2 · ……………………………