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Chhattisgarh Juvenile Justice (Care and Protection of Children) Rules, 2006

Published vide Notification No. F 1-78/2006/sw/26(1), dated the 14th December, 2006

Last Updated 14th October, 2019 [cg160]

Chapter I

Preliminary

(a) "Act" means the Juvenile Justice (Care and Protection of Children) Act, 2000 (Central Act No. 56 of 2000) ;

(b) "Adoption" means taking into custody and responsibility permanently of a Juvenile or a Child who has not completed eighteen years of age and who shall have all the rights and privileges of a natural born child;

(c) "Child with special needs" Child with special needs is a child for whom specialized services or interventions are necessary to facilitate proper care and rehabilitation;

(d) "Place of safety" means any place or institution (not being a police lock up or jail) the person in charge of which is willing to temporarily receive and take care of the child and which, in the opinion of the Competent Authority, may be a place of safety for the child;

(e) "Foster Care" means placement of a child with a nuclear family or group foster home;

(f) "Pre-adoptive foster Care" means placement of a child in a family temporarily till the child can be rehabilitated in a permanent home;

(g) "Foster Child" means a child placed with a foster parent or foster family;

(h) "Foster Parent/s" means the person/s who is not the parents of the child, but is willing to undertake the responsibility for care and maintenance of the child as his or her parents without necessarily legal rights of property etc;

(i) "Extended family" means relatives of the child with whom he/she can be placed in foster care;

(j) "Group Foster Care" means care of a group of children in one family or a group foster home run by a Non-Government Organisation;

(k) "Social Workers" means social workers duly recognized and impanelled by the Competent Authority, who are professionals or specially trained to provide Social Work expertise in areas such as counseling, adoption, Community Service, foster care, sponsorship and any other such service;

(l) "Form" means the form annexed to these rules;

(m) "Institution" for the purpose of these rules, means an observation home or a special home or a children's home or a shelter home set up under section 8, 9, 34 and 37 of the said Act;

(n) "Officer-in-Charge" means a person appointed for the control and management of institution certified or recognized as such under the Act;

(o) "Government" means the Government of Chhattisgarh;

(p) "Secondary Victimization" means and refers to behaviours and attitudes of authorities and personnel in the child justice system towards children within the system, which further traumatizes victims;

(q) "Sexual abuse" occurs when any adult uses a child for sexual pleasure. Sexual abuse can be physical, verbal or emotional and includes;

(i) Sexual touching and fondling;

(ii) Exposing Children to adult sexual activity or pornographic movies and Photographs;

(iii) Having children pose, undress or perform in a sexual fashion on film or in person;

(iv) Rape or attempted rape;

(v) Forcing, tricking, bribing, threatening or pressuring a child into sexual awareness or activity;

(r) "take responsibility" means being responsible for the physical, mental, emotional and over all health and safety of the child;

(s) CARA Guidelines : means the Guidelines issued by the Central Adoption Resource Agency from time to time to regulate matters relating to adoption of Indian children.

Chapter II

Juvenile in Conflict with law

(a) District and Session's Judge;

(b) District Collector;

(c) Commissioner of Police/District Superintendent of Police.

(a) has been actively engaged in planning, implementing and administering health, education or other welfare activities pertaining to child rights issues for atleast five years;

(b) a graduate from a recognised University;

(c) a teacher, a doctor, retired public servant or a professional who is involved in the work concerning juveniles; or

(d) a social worker who has been directly engaged in child welfare.

(a) The officers of the Special Juvenile Police Unit

(b) Any Police Officer

(c) The Child herself/himself

(d) Any recognized voluntary organization willing to take responsibility.

(a) the views of the child

(b) the best interest of the child

(c) the fact that detention should be a last resort and for the shortest possible period of time. Only in the case of serious offences or chronic repeaters the Board shall order detention.

Chapter III

Child in need of care and protection

(i) a retired judge of the High Court or retired Secretary to the State Government having experience in social Welfare shall be the Chairperson of the Selection Committee,

(ii) Two representatives or reputed non-governmental organizations working in the area of child welfare,

(iii) A representative from an academic body,

(iv) Two representatives of the concerned department of the State Government, and

(v) A representative of the State Human Rights Commission or such recognized agency or cell or a retired special Judicial Magistrate.

(I) District and Sessions Judge;

(II) District Collector;

(III) Commissioner of Police/District Superintendent of Police.

(a) a graduate from a recognised university;

(b) Respectable, well educated citizen with the background of special knowledge of social work, child psychology, Education, Sociology or Home Science;

(c) A teacher or a doctor or a senior retired public servant who has been involved in work concerning child welfare; or

(d) A Social Worker of repute who has been directly engaged in work on child rights.

(ii) Where a child's parents or guardian cannot be contacted earlier, or as mentioned in clause (i), if the child specifically wishes that they not be contacted, any other fit person accepted by the child and considered appropriate by the case worker/probation officer, shall be informed of the child's desire to seek assistance under the Act so that he or she can attend the preliminary inquiry.

(a) Any Police Officer of Special Juvenile Police Unit or a Designated Police Officer;

(b) Any public servant;

(c) Childline, a registered voluntary organization, or by such other voluntary organization or an agency as may be recognized by the State Government;

(d) Any Social worker or a public spirited citizen authorised by the State Government; or

(e) by the child himself.

Chapter IV

Establishment of Institutions under the Act

Age group up to 12 years

Age group of 12 to 16 years

Age group of 16 to 18 years

Age group of 12 years

Age group of 12 to 16 years

Age group of 16 to 18 years

(1) (a) to receive a juvenile in conflict with law who has been ordered by Juvenile Justice Board;

(b) to provide opportunities to receive emotional and psychological support;

(c) to facilitate the child to receive proper health care, education, vocational training behaviour modification programmes etc.;

(d) to ensure the child to be protected from secondary victimization and assist the child for development and growth;

(e) to prepare the child for reintegration within the community as a changed person;

(f) Special Programmes : Programmes may be to -

(i) Assist the child to accept rather than to avoid responsibility for his/her actions;

(ii) Help the child to focus on helping to resolve problems identified as contributing to their offending behaviour;

(iii) Assist the child to develop practical alternative ways of coping with stressors;

(iv) Involve, wherever possible, families of offenders to work on family issues likely to reduce offending;

(v) Remediating educational deficits in basic skills to raise social competence;

(vi) Help to develop market place work skills, which can lead to further training opportunities, qualifications and real jobs;

(vii) Assist the child in establishing and strengthening relationships with significant others who can then become mentors and role models;

(viii) Involve the child in empowering experiences of assessing their own needs and planning and monitoring their own case plans;

(ix) Help the child to develop skills and confidence to assert positive leadership and self-discipline;

Age group up to 12 years

Age group of 12 to 16 years

Age group of 16 to 18 years

(a) to receive a child in need of care and protection;

(b) to facilitate the child to receive educational and vocational training, behaviour modifications programmes for personal growth and developments;

(c) to ensure that the child develops positive attitude towards family and creates a linkage with the family.

(a) the child shall be restored to the care of parents or relatives as per the orders of the Child Welfare Committee; or

(b) the child shall be shifted to the regular unit of the Children Home for further development activities of the child; or

(c) the child shall be transferred to a similar Children Home or a Shelter Home or a fit institution or under the care of fit person; or

(d) if a child belongs to some other State/District the child shall be transferred to the respective Child Welfare Committee for further enquiry and disposition.

(a) facilitating employment generation for these youth. When a youth has saved a sufficient amount, she/he can be encouraged to stay in a place of his/her own and move out of the group home, or the youth must continue staying in the home. The youth who are learning a vocational trade could be given a stipend. This shall be stopped when the youth gets a job;

(b) Loans to these youth to set up entrepreneurial activities would also be arranged;

(c) Micro-credit and entrepreneurship training as well as income generation programmes should be offered;

(d) Girls especially shall be encouraged to take up further education and take admission in other Government Hostels. Though they may be financially and otherwise supported in case they opt to be married, such an option shall not be the only one offered, to them as a reintegration strategy. When on discharge from the After Care Home, a youth who has absolutely no parent or guardian or mentor, youth shall be referred to appropriate recognized agencies or Non-Government Organizations for further training or apprenticeship or other such rehabilitative measure;

(e) A peer counsellor would also be available for youth at these homes since at this stage of life they can be lured into crime or drug dependence and such other habits or deviant behaviour, hence the need for a counsellor;

(f) As far as possible, these after care homes shall be located within the community in areas that enable the youth to come in contact with a healthy social and community life. Each home would house 6-8 youths who could opt to stay together. One peer counsellor can be in-charge of a cluster of 5 homes;

(g) Wherever possible, the State Government may make efforts to dovetail the After Care Home Programme with other State and Central Government Schemes that may enable the youth to take advantage of opportunities to secure a better future on his or her own.

(a) First contact. - The first stage of intervention shall be made through initiating first contact intervention similar to street contact centers located on Railway Stations or other areas of high density of children at risk;

(b) Transit care. - The second stage shall be to facilitate a more settled setting for children in crisis who require transit care prior to long-term placement.

(a) identify and receive children who are at risk and in need of urgent care and protection as well as those who specifically seek help in that jurisdiction;

(b) build up a friendly relationship with the child so as to enable him/her to understand and share the reasons for his/her present situation as well as to participate in a decision regarding his/her placement;

(c) offer quick assessment services and referrals to detailed assessment and other services;

(d) offer services of counselling, recreation, medical attention, non-formal education and temporary, open and freely accessible 24 hour shelter;

(e) directly link up with competent authorities and institutions under the Act coming under that jurisdiction as well as network with the Child Help Line of the area and all other recognized fit persons, voluntary organizations and fit person willing to assist in the work of the Shelter Home.

(a) One Senior Social Worker who is qualified or has special training or experience in working with children in especially difficult circumstances;

(b) One Junior para professional with special training or experience in working with children in especially difficult circumstances;

(c) One helper;

(d) Two youth peer counsellors performing the role of friends of children.

(1) Special Provisions for children affected by displacement, disaster and conflict. -

(a) children shall to informed for their own situations as well as the details of their family if known, the progress in resettlement and any other issue that may be relevant to the child;

(b) there shall be no discrimination based on caste, language, ethnic origin, gender, or any other status by either staff or other children. Due consideration shall be given to the dynamics associated with conflict or other such situation;

(c) respect for cultural needs : Keeping in mind that the child may be from a diverse cultural background every effort shall be made to be sensitive to the child's cultural and social needs. Such efforts may be to cook food familiar the child, identify persons who speak the language of the child to interact with the child and make the child comfortable and secure so as to reduce the stress of being in an alien environment. The child shall be allowed to follow his or her own religion, rituals and festivals;

(d) family and community-based re-integration shall be given priority. However, with due regard to the root cause and special circumstances of the case, exceptions may be made with reasons recorded in writing;

(e) the competent authorities shall respect and ensure respect for relevant rules of international humanitarian law applicable in situations of armed conflict.

(2) Reporting. - Only a trained social worker, child psychologist or child psychiatrist shall assess the situation of the child and prepare the report. Personnel shall make every effort to understand, report and respond to the Tourism Officer deep psychological impact on such children and shall strive to receive and deal with the child sensitively. In preparation of the report and during all other procedures, every effort shall be made to avoid secondary victimization.

(3) Procedure. - Need Assessment of child shall be done by a child psychologist or trained social worker within four days of arrival of the child in the contact. All other procedures may be such as prescribed in Chapter III of these Rules.

(4) Non-institutional care. - As far as possible, the child shall not be institutionalized in a State Institution but kept in a foster home under the foster care scheme, by foster parents who are specially oriented and trained to care for such children. The foster home shall serve as a home for interim care. During the child's stay in the interim home a basic standard of care that will meet with the child's physical, emotional, developmental and other needs shall be ensured.

(5) Counselling and trauma care. - Children who have been sexually abused, mentally disturbed or traumatized due to such disaster, conflict or displacement etc., or who have particular needs such as those arising from having a HIV positive status shall, wherever possible be attended to by a child psychologist, a trained social worker or a psychiatrist and given immediate medical attention and counselling. Regular counselling sessions with children (not less frequently than once a week) with trained personnel shall be facilitated.

(6) Education. - As far as possible, education that facilitates the continuation of the child's previous education, must be imparted to the child during stay in foster home or any other further long-term placement during the interim period. Such education may also be facilitated through non-formal methods.

(7) Legal protection and assistance. - Special care shall be taken to ensure that the legal rights of such children are respected and action taken under the relevant laws.

(8) Family Tracing. - For a child who has been found and who has not been admitted through voluntary procedures, the immediate task shall be to trace the family or the nearest known relative. This task shall be completed within the shortest appropriate period of time as under : -

(a) every effort must be made to trace the family/extended family and understand the history of the child, before placing the child in any long term care. Community based initiatives that are found to be sustainable and in the interest of children may be identified and availed of after due consideration. If children are orphaned and have no extended family then keeping in mind the principle of best interest of the child, alternative foster or adoptive families may be identified preferably from within the child's community;

(b) When it has come to the notice of the competent authorities that there is a cause connected with the children, especially girls are being abused, exploited during such situations such children shall be identified and referred to recognized Non Governmental Organizations, civil society organizations fit persons or other state run Institutions for long term care, and the adult offenders dealt with under the relevant laws. Special care shall be taken to prevent such children from being arbitrarily transferred or placed with persons who do not have the best interest of the child at heart such as those who arrange the marriage of such children for their supposed protection during such time of disturbance.

(9) Follow up. - Probation Officer or any other recognized voluntary organization or civil society organization that will follow up on the child must be identified. This organization must communicate within a month of resettlement about the well being of the child. The following issues shall be addressed at time of resettlement -

(a) Condition in home state and a report on the desirability of the child continuing to stay in the home state considering the present condition of disaster, conflict or other such reasons for displacement;

(b) Situation of family or other persons who have been caring for the child prior to displacement;

(c) Care plan for re-integration and rehabilitation taking into account the feelings and opinion of the child about placement.

(10) Sponsorship. - If the family is unable to take care of the child for financial reasons, sponsorship support for the family shall be considered.

(11) Alternate arrangement. - If the child is not placed back to his/her home state, or placed in foster care or adoption, he or she may be referred to a Shelter Home for special care.

Chapter V

Juvenile Police Unit

(a) to identify and receive children at the point of First contact, undertake outreach work in the jurisdiction to identify children at risk and conduct home visits of children;

(b) to build up a friendly relationship with the child so as to enable her/him to understand and share reasons for her/his present situation as well as to participate in a decision regarding proceedings concerning her/him;

(c) to conduct an individualized quick assessment and inquiry and offer counselling, medical attention, recreation services as well as referral to detailed assessment and other services;

(d) to provide Child Help Line and emergency outreach services through 1098;

(e) to network with the Child Help Line of the area and all other recognized fit persons/institutions and voluntary organizations willing to assist in the work of the SJPU as well as directly link up with competent authorities and institutions under the Act coming under that jurisdiction;

(f) to take on the role of the Child Friendly First Intervention Centres and perform the function of a Community Based Reception Unit of the Observation Home/Children's Home to receive, undertake preliminary inquiries, provide timely counseling and early intervention by operationalising the principle of diversion;

(g) to co-ordinate and upgrade the police treatment towards children;

(h) to operate a mobile Special Juvenile Police Unit which may be called upon by the concerned police station whenever a child is either apprehended or received under the Act;

(i) to function as a place of safety for children;

(j) any other tasks which the unit shall have to perform in the course of their ordinary duties in a child centered manner.

(b) Affiliation to the Jurisdictional Police Station. - Every Special Juvenile Police Unit shall be affiliated to the nearest police station for documentation and for any specific assistance.

(b) The Juvenile Police Unit at the district level shall function under the supervision of a Child Welfare Officer and two Voluntary Social Workers of whom one shall be a woman and another preferably child expert or having relevant experience;

(c) One Junior Social Worker who is qualified or experienced as a para professional with a minimum of one year experience in dealing directly with children in especially difficult circumstances. (One of these two Social Workers shall be a women);

(d) A minimum of one Police constable who shall be a woman;

(e) One helper;

(f) Two youth counsellors taking on the role of 'friends of Children' who come to the Special Juvenile Police Unit;

(g) One Police Officer;

(h) Clothing to be worn by persons designated to deal with children under the Act. - Wherever possible, all such persons shall, except at the time of arrest, only wear civil clothes and not a uniform unless specific circumstances require the said Officer to wear a Police uniform in the interest of the child. However, they shall at all time have on their person, an identification that shall be produced on demand.

(b) All Special Juvenile Police Unit's shall report directly to the Commissioner/ Superintendent of Police.

(b) Special investigations and reports that are required to be undertaken by the Police shall be made in addition to which social investigation reports may also be made by the social workers of the Special Juvenile Police Unit. The social investigation report of the social worker attached to the Special Juvenile Police Unit may be considered;

(c) Every police station shall display the main features of Juvenile Justice Act on the board in the entrance of the police station.

(b) The Missing Children's Bureau shall be linked up to the Child Help Line wherever available as well as to all major Police Stations in each District;

(c) All citizens found to be directly related to or otherwise authorised to access this information shall be allowed free access to this data base. Persons found to be abusing this database against the interests of children shall be investigated and the necessary action shall be taken.

Chapter VI

Recognition and Certification of Institutions

(a) the roles and responsibilities of each party;

(b) the areas in which financial/programmatic inputs will be made by the collaborating agency;

(c) mechanisms for the review of the joint management;

(d) space for the participation of the children;

(e) the roles and responsibilities of the staff/volunteers who come into these institutions as part of the joint management efforts;

(f) any other matter relevant to the particular situation at the time.

(a) discharged absolutely on such conditions as the Officer may impose; or

(b) transferred to some other institution established, certified or recognized under Section 8, 9, 34, 37 or 44 of the Act, in accordance with the provisions of the Act and rules relating to discharge and transfer. Intimation of such discharge or transfer shall be given to the Board or the Committee as the case may be.

chapter VII

Institutional Management

(b) The State Government/voluntary organization shall set up separate institutions for boys and girls. Separate facilities shall be set up for girls who are above the age of 10 years and below the age of 10 years. With respect to institutions for boys, separate facilities for the age groups up to 12 years, 12-16 and 16-18 years shall be set up. Separate facilities shall be set up for children in the age group up to 0-5 years with appropriate facilities for the infants.

(b) The principal criterion for the separation of different categories of children, shall be the best suited care to the particular needs of the individuals concerned and the protection of their physical, mental and moral integrity and well-being;

(c) The child shall be received in a caring manner by personnel who have been trained and sensitized to the special needs and feelings of children being institutionalized. The child shall be administered a hair cut, if necessary and given a bath in a manner that protects and affirms the dignity of the child. Lice lotion shall be used whenever possible as an alternative to shaving;

(d) The child shall be allotted a locker to store his or her personal belongings and other valuables;

(e) The immediate needs and apprehensions of the child such as the need for urgent medical care and the need to contact parents shall be attended to in a prompt efficient and nurturing manner;

(f) The Officer-in-Charge shall verify the orders of the Juvenile Justice Board before receiving the child;

(g) A copy of the rules governing the observation/Special Home/Children Home and a written description of their rights and obligations in a language they can understand, together with the address of the authorities competent to deceive complaints such as Child Line, Child Welfare Committee, Juvenile Justice Board, neighbourhood committees, District level committees as well as the address of public or private agencies and organizations which provide legal assistance shall be provided to the child at the time of reception. The child shall have access to these at any time on request;

(h) The child shall be oriented to understand the regulations governing the internal organization of the institution, the goals and methodology of the care provided, the disciplinary requirements and procedures, other authorised methods of seeking information and of making complaints, and all such other matters as are necessary to enable him/her to understand fully their rights and obligations during the period of institutionalization.

(a) All reports, including social investigation reports, legal records, medical records and records of disciplinary proceedings, and all other documents relating to the form, content and details of treatment, shall be placed in a confidential individual file. These files shall be kept up to date, accessible only to authorised persons including the child himself or herself and classified in such a way as to be easily understood;

(b) Where possible, every child shall have the right to contest any fact or opinion contained in his or her file so as to permit rectification of inaccurate, unfounded or unfair statements. In order to exercise this right, any person shall be allowed who is authorised by the Juvenile Justice Board or the Child Welfare Committee to have access to and to consult the file on request. Upon release, the records of children shall be sealed, and, at an appropriate time shall be destroyed;

(c) The case file of each child shall be maintained in the institution containing the following information as applicable, -

(i) Central index number

(ii) Annual photograph

(iii) Report of the person/agency who produced the child before the Competent Authority ; (same as the format of the Social investigation report)

(iv) Probation Officer's report (also in the format of the Social Investigation Report)

(v) Information from previous institution;

(vi) Observation reports from staff members relating to the child's progress in education, health, report of menstruation (in case of girls), emotional status, Social history.

(vii) Summary Report by Officer-in-Charge

(viii) Reports from Medical Officer. I. Q. testing, aptitude testing, educational/ vocational tests ;

(ix) Initial classification sheet and Care plan of the child.

(x) Special precautions to be taken, including those relating to diet, allergies, allergic reactions to any medicine, details of person who may not be provided access to the child, etc.

(xi) Leave and other privileges granted ;

(xii) Quarterly progress report from various sections ;

(xiii) Review sheet including violation of rules, regulations

(xiv) Pre-release programme

(xv) Final progress report ; (records of education/vocational training, health and other progress reports may be included here with a conclusion summarizing all of the above)

(xvi) Leave of absence/release on license.

(xvii) Final discharge (shall include the pre-release report and final decision that has been made on the recommendations of that report)

(xviii) Remarks.

(a) the incharge, counsellor, wherever available, along with the Probation Officer, caseworker or social worker shall after consultation, prepare a Care plan for every child in the home. The care plan shall be based on a case history of the child admitted to an institution, which shall be maintained on a quarterly basis. This information may be collected through all possible and available sources, including home, parents or guardians, employer, school, friends and community and interview with the child himself or herself. The report shall also identify psychological and social factors relevant to the specific type and level of care and programme required by the child;

(b) the educational level and vocational aptitude shall be assessed on the basis of test and interview conducted by the teacher, the vocational trainer and other technical staff, wherever possible;

(c) the care plan shall be reviewed from time to time for appropriate development and rehabilitation including options for restoration to family/foster care/adoption and review shall not be delayed beyond a year. The focus should be on providing family and community based re- integration programmes. Children shall be consulted while determining their care plan. When special rehabilitative treatment is required, and the length of stay in the institution permits, trained functionaries of the institutional shall prepare a written, individualized treatment plan specifying treatment objectives and time-frame and the means, stages and delays with which the objectives shall be approached;

(d) based on the above care plan the appropriate linkage may be established with outside specialists and community-based welfare agencies, psychologists, psychiatrists, child guidance clinic, hospital and local doctors, open school etc. so as to access the best appropriate care for each child;

(e) this report, together with the report prepared by a Medical Officer who has examined the child upon admission, shall be forwarded to the 'Monitoring and Evaluation Committee' of each Home for purposes of determining the most appropriate placement for the child within the institution and the specific type and level of care and programme required to be pursued.

Note. - The suggested dietary scale could be modified according to the local needs. Where no LPG Gas available, firewood/fuel scale will apply during the period of non-availability of gas also.

Note. - Additional one set of all these articles shall be kept as reserved stock @ of 20% of the strength of the children. School going children shall be provided all sets of school uniforms on time. The suggested clothing and bedding scale could be modified according to the local needs.

a. Sufficient and treated drinking water;

b. Sufficient water for bathing and washing clothes, maintenance and cleanliness of the premises;

c. Proper drainage system;

d. Arrangements for disposal of garbage;

e. Protection from mosquitoes;

f. Sufficient number or latrines in the proportion of at least one latrine for seven children;

g. Sufficient number of bathrooms in the proportion of atleast one bathroom for ten children;

h. Sufficient space for washing;

i. Cleanliness in the Kitchen;

j. Fly-proof kitchen;

k. Sunning of bedding and clothing;

l. Availability of medical facility.

Dormitory : 40 square feet per juvenile

Classroom : Sufficient accommodation

Workshop : Sufficient workspace.

(a) Regular facilities are available for the medical treatment;

(b) Arrangements are made for the immunization coverage;

(c) A system is evolved for referral of serious cases to the nearest civil hospital or treatment centers;

(d) That sick children shall be constantly under medical treatment supervision;

(e) In the event of break out of contagious/infectious diseases, segregation must be ensured.

(a) Fire-arms or other weapons, whether requiring license or not (like, lathi, spears, swords etc.);

(b) Alcohol and spirit of every description;

(c) Bhang, Ganja, Opium and other Narcotic/psychotropic substances;

(d) Tobacco; or

(e) Any other article specified in this behalf by the State Government by general or special order.

(a) The Probation Officer who was directed to submit a report under sub-rule (i);

(b) The Probation Officer, if any, having jurisdiction over the place where the child is to be sent;

(c) The Competent Authority having jurisdiction over the place where the child is to be sent; and

(d) The Relative or the person who is to receive the child.

(a) If a child dies within 24 hours of his admission to the institution an inquest and post-mortem examination shall be held;

(b) Whenever a sudden or violent death or death from suicide or accident takes place, immediate information shall be given to the Officer-in-Charge and the Medical Officer. The Officer-in-Charge and the Medical Officer should examine and inspect the dead body. In case a child dies due to causes other than natural causes or if the cause of death is not known or if the death has occurred due to suicide or violence or accident or whenever there is any doubt or complaint or question concerning the cause of death of any child, the Officer-in-Charge shall inform the Officer-in-Charge of the Police Station having jurisdiction. The Officer-in-Charge shall also immediately give intimation to nearest Magistrate empowered to hold inquests;

(c) Upon the death of a child during the period of stay in the institution, the nearest relative shall have the right to inspect the death certificate, see the body and determine the method of disposal of the body. In such circumstance, there shall be an independent inquiry by a sub-committee appointed by the Inspection Committee to inquire into the causes of death, the report of which shall be made accessible to the nearest relative. This inquiry should also be made when the death of a child occurs within six months from the date of his or her release from the institution and there is reason to believe that the death is related to the period of detention;

(d) The Medical Officer shall report to the Officer-in-Charge about the happening of the natural death of a child and see that the body is decently removed to the mortuary;

(e) In case of natural death or due to illness of child of an Observation Horne or Special Home the Officer-in-Charge shall obtain a report of the Medical Officer stating the cause of death. A written intimation about the death shall be given immediately to the nearest Police Station, Juvenile Justice Board, Child Welfare Committee, National Human Rights Commission and the authority concerned;

(f) The parents or guardians of the deceased child shall be contacted and the Officer-in-Charge shall wait for 24 hours for the arrival of relatives. After the inquest is held, the body should be disposed of in accordance with the known religion of the Juvenile.

(a) In case any resident or any other person has observed, known or has reason to suspect that sexual abuse has occurred and makes a complaint to the Superintendent or through the grievance box or through Child Line or through any other means or it comes to the notice of the Medical Officer or other staff that one or more of the following general behaviour changes has been observed in a child, a report shall be made to the Juvenile Justice Board or the Child Welfare Committee for a special investigation into the possibility of sexual abuse. It shall be the responsibility of all functionaries to report such suspicions immediately. The report shall be based on observations of sudden onset of behaviour changes such as : -

(i) Copying adult sexual behaviour;

(ii) Persistent sexual play with other children, themselves, toys or pets;

(iii) A sudden increase in sexual knowledge, through language or behaviour, that is beyond what is normal for their age and circumstances;

(iv) Unexplained pain, swelling, bleeding or irritation of the mouth, genital or anal area; urinary infections; sexually transmitted diseases;

(v) Hints, indirect comments or statements about the abuse.

Chapter VIII

Functionaries under the Act

(a) No member of the institution or institutional functionaries shall inflict, instigate or tolerate any act of torture or any form of hearsh, cruel, inhuman or degrading treatment, punishment, correction or discipline under any pretext or circumstances whatsoever ;

(b) All functionaries shall rigorously oppose and combat any act of corruption, reporting it without delay to the competent authorities ;

(c) All functionaries shall function under these Rules. Functionaries who have reason to believe that a serious violation of the these Rules has occurred or is about to occur should report the matter to their superior authorities vested with reviewing or remedial power ;

(d) All functionaries should ensure the full protection of the physical and mental health of children, including protection from physical sexual and emotional abuse and exploitation, and should take immediate action to secure medical attention whenever required ;

(e) All functionaries should respect the right of the child to privacy, and in particular should safeguard all confidential matters concerning children or their families learned as a result of their professional capacity ;

(f) All functionaries should seek to minimize any differences between life inside and outside the institution which tend to lesson due respect for the dignity of children as human beings.

(a) Ensuring that the rights of the child are protected and all the procedures laid down in the Rules are complied with ;

(b) Providing homely atmosphere of love affection, care development and Welfare of Children ;

(c) Planning implementation and co-ordinating all institutional activities, programmes and operations ;

(d) Handling discipline problems keeping in mind the rights of the child as well as the procedures laid down ;

(e) Maintaining minimum standards in the Home ;

(f) Monitoring of children, training and treatment programmes and correctional activities ;

(g) Allocation of duties to functionaries ;

(h) Attending to functionaries welfare and staff discipline ;

(i) Preparation of budget and control over financial matters ;

(j) Proper storage and inspection of food stuff;

(k) v Standby arrangement for water storage, emergency lighting etc. ;

(l) Careful handling of plant and equipment;

(m) Accident and fire prevention measures ;

(n) Supervision over office administration ;

(o) Monthly office inspection and maintaining of order book. This book shall record and display order of the Superintendent as well as any follow up details ;

(p) Daily inspections and round of institution ;

(q) Inspections and tasting food prepared for child from the main vessel in the kitchen itself and managing the menu to ensure that the basic principles of good nutrition such as colour, texture, taste, smell and variety are complied with.

(r) Taking prompt action to meet emergencies ;

(s) Taking appropriate rehabilitation measures ;

(t) Conducting staff meetings every month during which he/she shall elicit and respond to problems relating to staff, children and other matters relating to the institution. A minute book shall be maintained for this purpose and every resolution or discussion shall be given due consideration and process.

(a) Report of the person/agency who produced the child before the Board;

(b) Probation Officer's report; shall be confifdential.

(c) Information from previous institution ;

(d) Initial interview material, information from family members, relatives, community, friends and miscellaneous information ;

(e) Source of further information ;

(f) Observation reports from staff members ;

(g) Reports from Medical Officer, I.Q. testing, aptitude testing, educational/ vocational tests ;

(h) Social history ;

(i) Summary and analysis by Officer-in-Charge ;

(j) Initial Classification sheet;

(k) Instruction regarding training and treatment programme and about special precautions to be taken ;

(l) Leave and other privileges granted ;

(m) Violation of rules, regulations, special achievement (to be recorded in review report and not in this report)

(n) Quarterly progress report from various sections ;

(o) Review sheet;

(p) Menstruation report (in case of girls ) ;

(q) Pre-release programme ;

(r) Final progress report ; (records of education/vocational training, health and other progress reports may be included herewith a conclusion summarizing all of the above) ;

(s) Leave of absence/release on license ;

(t) Final discharge (shall include the pre-release report and final decision that has been made on the recommendations of that report) ;

(u) Follow up reports ;

(v) Central index number ;

(w) Annual photograph ;

(x) Remarks.

(a) To make inquiries regarding the home and school conditions, conduct, character and health of juvenile/child under their supervision.

(b) To attend regularly the proceedings of Juvenile Justice Board or the Child Welfare or the Child Welfare Committee and submit reports ;

(c) To maintain diary case file and such register as may be prescribed from time to time ;

(d) To visit regularly the residence of the juvenile/child under their supervision and also place of employment or school attended by such children and to submit regularly fortnightly reports in Form XII ;

(e) To accompany children wherever possible, from the office of the board to observation home, special home, children's home or fit person, as the case may be ;

(f) To bring before the board/committee, immediately children who have not been of good behaviour during the period of supervision ;

(g) Follow-up of children after their release from the organizations and extending help and guidance to them ;

(h) Establishing linkages with voluntary workers and organizations to facilitate rehabilitation and social reintegration of children and to ensure the necessary follow up ;

(i) Enquiring from each child under his/her care as to whether his/her need of food and clothing are met as per standard ;

(j) Enquiring from each child under his/her care as to whether the cleanliness ' of the premises and maintenance of physical infrastructure including provisions of water and electricity etc. have been complied with;

(k) Doing a social investigation of the child through personal interview and from the family, social agencies and other sources;

(l) Ensuring that the rights of the child are protected and all procedures laid down in the rules are complied with;

(m) Facilitating the orientation, monitoring, education, vocational and rehabilitation programmes;

(n) Facilitating the pre release programme and helping the child to establish contacts, which can provide emotional and social support to the child after their release;

(o) to prepare follow up reports in the Form XXI about the Juvenile who is released on licence.

(a) Making social investigations/case history of the Juvenile or the child through personal interview and from the family "Social agencies and other sources in Form XXIII;

(b) Clarifying problems of the Juvenile or the child and dealing with their difficulties in institutional life;

(c) Participating in the orientation, monitoring, education, vocational and rehabilitation programmes;

(d) Establishing co-operation and understanding between the Juvenile or the child and the Officer-in-Charge;

(e) Assisting the Juvenile or the child to develop contacts with family and also providing assistance to family members;

(f) Participating in the pre-release-programme and helping the juvenile or the child to establish contact which can provide emotional and social support to juvenile or child after their release;

(g) Ensuring that the children's need of food and cloth are met as per the specified standard. Ensure the cleanliness of the premises and maintenance of physical infrastructure including provisions of water and electricity.

(a) Ensuring that the rights of the child are protected and all procedures laid down in the Rules are complied with;

(b) He shall perform the role of parent, friend, mentor and guide to the children under his/her care. In this capacity he/she shall play with the children, nurture them as persons, listen to and within their means, respond to their individual needs;

(c) Handling discipline problems keeping in mind the rights of the child as well as the procedures laid down;

(d) Maintenance, sanitation and hygiene;

(e) Implementing daily routine in an effective manner and ensuring children's participation through the Children Group;

(f) Escorting children whenever they go out of the home.

(a) Orientation and Training of the newly-recruited staff;

(b) Refresher training courses for every staff member at least once in three . years;

(c) Staff conferences, seminars, workshops, along with the various components/functionaries of Juvenile Justice System, government etc., at various levels of the functionaries organization.

Chapter IX

Rehabilitation and Social Reintegration

(1) Adoption Agencies. -

(a) The State Government shall recognise children's home or State run Government homes for orphans as adoption agencies both for scrutiny and placement of such children within the country;

(b) The process of scrutiny and placement of children on adoption shall be done by Probation Officer;

(c) Any Government run hospitals or private nursing homes etc. which find an infant as abandoned within the premises shall report to recognised adoption agency;

(d) The agency which receives a child or an infant should report to the nearest police station and also the child Welfare Committee at the earliest within six hours. Police on receipt of such reports shall make an entry in register and an intimation shall be sent to the Juvenile Police Unit for appropriate enquiry. The Police should 111c a status report to Child Welfare Committee within a week;

(e) Any child who is eligible for adoption and residing in an unrecognised home shall for the purpose of adoption be transferred to a recognised home.

(2) Procedure in the case of abandoned children. - (a) An abandoned child can be given in a adoption only when the committee declares such a child to be legally free for adoption an order to that effect is signed by atleast two members of the committee of which one shall be a Chairperson.

(b) Before declaring the child as abandoned and certifying him as legally free for adoption, the committee shall institute a process of enquiry, which shall include -

(i) A thorough enquiry shall be conducted by the Probation Officer or case worker or Special Juvenile Police Unit as the case may be, shall be conducted and a report in Form XVI containing finding submitted within a maximum period of 1 month;

(ii) Declaration by the placement agency, stating that there has been no claimant for the child even after making notification in atleast one leading newspaper, television and radio announcement and after waiting for a period of one month the time which shall run Concurrently to the inquiry to be conducted and report submitted under clause (a);

(iii) The Committee shall make a release order declaring the child legally free for adoption within the period of six weeks from the date of application in the case of children below the age of two years and three months in the case of children above two years. Provided that no child above seven years who can understand and express his opinion shall be placed in adoption without his consent.

(3) Procedure in the case of surrender of child. - The following procedure shall be adopted in the case of surrendered child who has parents or guardian. Any parent who voluntarily surrenders his/her right over the child/children in various circumstances the following guidelines shall be adopted by the agency concerned : -

(a) The Social Worker of the concerned agency shall counsel the parents explaining the consequences of adoption and explore the possibility of parents retaining the child;

(b) If the surrender is inevitable to deed of surrender documents shall be executed in a non judicial stamp paper in the presence of Child Welfare Committee;

(c) Such a surrendered deed shall explain the reason for surrender and other relevant information of the child. It shall be written in the regional language. The document shall contain the information that parent has a right to revoke the surrendered deed within two months from the date of execution of the said deed;

(d) If both the parents are living, both of them should execute the deed;

(e) If a surrender deed is executed by any one of the parent, in such case the person who executes deed should declare the present position of the second parent. In case of the death of any one parent, the death certificate shall be produced. In such circumstances the report of the Probation Officers shall be called by the Child Welfare Committee and the procedure relating to the abandoned children shall be followed.

(4) Role of licensed or recognised Government and non Government agencies for adoption -

(a) In the case of an abandoned child the recognized agency shall within 48 hours report to the Committee alongwith the copy of the report file with the Police Station in whose jurisdiction the child was found abandoned;

(b) The adoption agencies may initiate the process of clearance at the earliest, in the case of abandoned children for the purpose of adoption within a period of two months and for placing application before the committee for declaring the child legally free for adoption;

(c) In case of a child surrendered by his biological parent or parents by executing a document of surrender, the adoption agency shall make an application directly to the board for giving the child in adoption;

(d) The adoption agencies shall wait for completion of reconsideration time of two months given to the parent or parents;

(e) Serious efforts shall be made for counselling the parents so as to persuade them to retain the child and if the parents are still unwilling to retain then such children shall be kept initially in foster care or arranged for their sponsorship;

(f) In the case of a surrendered or abandoned child who is legally free for adoption the licensed agency shall have the discretion to place the child in pre-adoption foster care under intimation to the board, within one week of its placement pending the final order.

(5) Role of children homes/State run orphanages as placement agencies. - The recognised children home and State run orphanages recognised by the State Government as placement agencies, shall perform the following duties and responsibilities : -

(a) Receiving of applications, screening and identification of prospective adoptive parents;

(b) Conduct a home study report of the prospective adoptive parents upon identification;

(c) Matching a child with the prospective adoptive parents and place the child on temporary Foster Care for a maximum period of six months;

(d) Regular follow-up during Foster Care period and report preparations;

(e) Process the adoption procedure in the Child Welfare Committee and Juvenile Justice Board;

(f) Co-ordination with voluntary co-ordinating agency;

(g) Maintenance of records relating to adoption;

(h) Profile of children;

(i) Follow-up for at least three years after adoption.

(6) Guidelines for the preparation of home study report. - The following shall be the criteria for the preparation of home study report, -

(a) Social status and family background;

(b) Description of homes;

(c) Standard of living as it appears in the home;

(d) Current relationship between husband and wife;

(e) Current relationship between the parents and children (if any children);

(f) Development of already adopted children (if any);

(g) Current relationship between the couple and the members of each others family;

(h) Employment status of the couple;

(i) Health details such as clinical tests, health conditions, past illness, etc.;

(j) Economic status of the couple;

(k) Accommodation for the child;

(l) Schooling facilities;

(m) Amenities in the home;

(n) Reason for wanting to adopt a child;

(o) Attitude of grand parents and relatives towards adoption;

(p) Anticipated plans for the adoptive child;

(q) Legal status of the prospective parents.

(7) Follow-up. - The follow-up of child placed within the country will be as follows: -

(a) If any replacement (foster care) is effected there should be a regular monitoring and evaluation of the foster care. A professionally trained social worker should visit the family regularly;

(b) The follow up format should be completed and forwarded by the recognised placement agency to voluntary coordinating agency and the director/ commissioner social welfare once in six months;

(c) The agency should see that legal adoption is effected at the earliest thereby safeguarding the interest of the child;

(d) Even after legal adoption the agency should keep in touch with the family for a period of three years;

(e) Post adoptive counselling should be provided by the agency to the adoptive parents.

(8) Records. - The following records and registers shall be maintained by every recognised Children's Home and State run Orphanages : -

(a) Admission register;

(b) A separate file on each child in the prescribed format giving full details/history. Relevant legal documents of every adoption and child's background/history should be maintained atleast for a period of 18 years for future reference;

(c) Register of prospective adoptive parents with details.

(9) Disruption proceedings. -

(a) Adopted children or Adoptive Parents or Probation Officers or Social Workers of accredited Children's Homes shall have the right to make complaints or initiate disruption processes by writing to the Child Welfare Committee/Juvenile Justice Board;

(b) After the Child Welfare Committee has consented to the disruption, the child shall be returned to the Children's Home from where he or she was taken. A report of the circumstances under which this decision was taken and the efforts made to sort out any problems shall be recorded and submitted to the Child Welfare Committee, the Department of Social Welfare and the Voluntary Co-ordinating Agency;

(c) The child may be removed and placed in an alternate home/transit home whenever there is serious mal-adjustment, after obtaining the consent of the Child Welfare Committee;

(d) Upon disruption of a placement the Committee shall recommend alternate placement of the child with adequate provisions for counselling and care.

(10) Juvenile Justice Board in Adoption. - Children who has been dealt with under the various provisions of Juvenile Justice (Care and Protection of Children) Act, 2000 shall be placed in adoption. The Juvenile Justice Board is the Competent Authority to place such children in adoption. In addition to the guideline issued by the Government, the guideline on adoption issued by the Central Adoption Resource Agency and the Supreme Court judgment issued from time to time shall apply : -

(a) In the case of surrendered child it shall be the duty of the Juvenile Justice Board to ascertain from the parents about the authenticity of the declaration given by the biological parents. While doing so the parents can be informed that their declaration can be used against them as witness;

(b) The Board shall ensure that the child is placed on adoption within the country and licensed agency alone can approach the Juvenile Justice Board for adoption;

(c) The list of approved agencies should be kept in every Juvenile Justice 'Board.

(11) Juvenile Justice Board and Adoption Procedure. - The Juvenile Justice Board shall ensure the following process for declaring adoption of a children : -

(i) The licensed agency shall furnish the following documents with their application for Adoption order

(a) License certificate issued by the Government,

(b) Registration Certificate,

(c) Surrender deed, if any,

(d) Abandonment certificate issued by the Child Welfare Committee (if any),

(e) Authorisation letter from the authorised signatory of the agency, authorising the social worker to file the application before the Juvenile Justice Board,

(f) Child study report and medical report,

(g) Home study report about the prospective parents done by a social worker voluntary co-ordinating agency or any other licensed adoption agency,

(h) Income certificate of the prospective adoptive parents,

(i) Property certificate of the prospective adoptive parents,

(j) Job certificate of the prospective adoptive parents,

(k) Health certificate of the prospective adoptive parents,

(l) Marriage certificate or evidence of marriage of the prospective adoptive parents,

(m) three referral letters from the respectable people of the society,

(n) A letter of consent for adoption,

(o) Photos of the child and the adoptive parents duly attested by competent person;

(ii) The prospective adoptive parents alongwith the placement agency shall file a joint petition before the Juvenile Justice Board with all the relevant documents. In case of single parent the person shall alone file a petition;

(iii) The concerned institution or agency which offer the child for adoption shall be the co-respondent;

(iv) On admission of an application from a recognised agency for adoption the board shall call for independent enquiry by recognised scrutinizing agency and the scrutiny report shall be submitted within a period of two weeks;

(v) The Board shall undertake a process of enquiry which will include interviewing the prospective parents, verifying the documents and the report of the scrutinizing agency. If the board is satisfied that the placement is. in the best interest of the child, it will pass a final order giving permanent custody to the adoptive parent/parents. An order of adoption shall be signed by the Principal Magistrate besides atleast any one of the two members of the Board;

(vi) The Board shall fix the date of birth on the report of the medical experts. The Juvenile Justice Board shall direct the appropriate authority to issue a birth certificate incorporating the date of birth, date of adoption and the names of adoptive parents.

(vii) As far as possible the time taken for passing an adoption order shall not exceed 3 months of the date of filing. The order shall also include provision for a periodic follow up report either by the Probation Officer/Case Worker or adoption agency to ensure the well beings of the child. The period of such follow up shall be not less than 3 years and such other period as the Juvenile Justice Board may direct. The follow up shall be made once in 6 months.

(12) Child Welfare Committee and Adoption Procedure. - The Child Welfare Committee shall ensure the following process for declaring a child who is legally free for adoption : -

(A) The licensed or approved agency should furnish the following documents with petition in duplicate for declaring a child who is legally free for adoption : -

(a) Photograph of the child be affixed on both the petitions,

(b) Fit Institution Certificate Copy,

(c) Licence Certificate issued by the Government,

(d) Discharge Summary and Hospital Records in case the child was abandoned in the hospital,

(e) Any orders of the Government authorising the Institution to take custody of the children who are abandoned in hospitals or public places,

(f) A copy of the temporary custody order,

(g) Registration Certificate,

(h) Surrender Deed (if any),

(i) Authorisation letter from the authorised signatory of the agency authorising Social Worker to file the petitions before the Child Welfare Committee.

(j) Publication of the photograph and other details of the child,

(k) Photos of the child being taken at the time of admission and the recent photo of the child with a declaration that both photos relate to the same child,

(l) Copy of the report sent to the nearest Police Station together with acknowledgement received from the Police Station,

(m) Health status of the child with probable age,

(n) Descriptive marks of the child duly certified,

(o) Declaration by the Agency that it has furnished all the information available with them and they are bonafide to the best of their knowledge;

(B) If the Application from the agency shall be rejected if any of the documents is missing and agency has to file a fresh petition subsequently;

(C) If the application is filed along with the relevant documents as specified in clauses (a) to (o) above the application shall be admitted by the Committee. On admission of an application the committee shall call for a report of Probation Officer;

(D) The Child Welfare Committee shall determine the date of birth in the interest of the child based on the report of the medical expert;

(E) As far as possible the time taken for passing an order shall not exceed 6 weeks in respect of a child who is below two years of age and in respect of child above two years of age, within three months from the date of filing;

(F) The Child Welfare Committee shall ensure that no child is kept unauthorisedly in any of the organization which is not recognized under the provisions of the Act, either as a fit institution or as Children's Home or as licensed agency for adoption.

(a) A Single Parent

(b) Couple

(c) Members of the extended family of the child

(d) Non Governmental Organisations or other recognized person or agency willing to take responsibility of child/children in individual or group foster care.

(A) Procedure for selection of parents. - (a) An application to foster a child shall be given to the Competent Authority in Form XVIII through a Probation Officer, case worker or to the person in charge of the approved residential home who shall forward the application to the Department of Social Welfare/the Child Welfare Committee.

(b) If the application is prima facie satisfactory then the Child Welfare Committee shall authorize the Probation Officer to undertake the following steps : -

(i) Probation Officer/Case Worker to interview the prospective foster parent/s and assess that he/she is suitable to foster a child. In particular the Probation Officer shall investigate the motivations of the prospective foster parents so as to ensure that the intention is not to employ the child as domestic help.

(ii) To visit the home of the prospective foster parent/s and confirm that it is likely to meet the requirements of the particular child and that the conditions in it arc satisfactory. The family home should provide adequate rooms based on the number of children with bath and kitchen and provide a safe environment with adequate sanitary and living conditions to promote health and well being of the child. The Home study report of Foster family shall be given in Form XVII to the Child Welfare Committee.

(iii) To ensure at least two persons who have known the foster parent/s well can vouch for his/her good character and suitability to care for the child;

(iv) To establish the person-in-charge of any Government medical unit in the area that no person in the house hold of the prospective foster parent/s is suffering from any physical or mental illness likely to affect the child adversely ;

(v) To establish from the local authorities or from the Officer in charge of the Police Station in the area that no person in the home has a police record or has been convicted of a serious criminal offence rendering it undesirable for the child to associate with that person ;

(vi) to ensure that the foster parent/parents have a stable emotional environment within the family ;

(vii) To ensure that the foster parent/parents have minimum income to meet their needs and not be dependent on the foster care maintenance payment.

(viii) To ensure that the foster care family is willing to follow rules laid down including regular visits to pediatrician, maintenance of child health record etc. ;

(ix) To ensure that the family shall be willing to sign an agreement to return the child to the agency under specified circumstances like disruption, abuse and neglect to the child and where the child has been unable to adjust to the foster family ;

(x) To ensure that the foster parent is willing to attend training/ orientation programmes prior to placement and thereafter when found necessary ;

(xi) To ensure that in case of employed parents, adequate childcare arrangements are made after school hours ;

(xii) To ensure that the members of the immediate family living in the same house give their consent to the placement of the foster child.

(B) Procedure for placement of the child. -

(a) The Committee shall ensure that the child is examined by a qualified medical practitioner who shall report in writing on the child's physical and mental condition prior to placement. However in the case of an emergency the medical report shall be made within four weeks after the placement.

(b) Ensure that efforts have been made to trace the family before the child is placed.

(c) Ensure that the child has been through a preliminary assessment including :

(i) Mental/Development Assessment - Suggested reference by the Denver Development Scale or any other suitable instrument.

(ii) Educational Assessment. - As per the Minimum Levels of Learning Schedule.

(iii) Temperament Assessment. - An assessment of the Child's temperament needs to be made based on emotionally, level of activity, attention and concentration ability, sociability levels, aggression, rhythm of food and sleep, child's motivations, dependability, adaptability.

(d) Ensure that the child has been introduced to the couple and has had a minimum of three interactions and two home visits as well as the requisite number of counselling sessions with the concerned Social Welfare Officer/Probation Officer.

(e) On completion of the above process the Probation Officer shall prepare a Home study Report in Form XVII.

(f) If the Home Study Report is approved by the Child Welfare Committee, then the foster parents shall enter into a foster care agreement in Form XX, which includes the rights and responsibilities of the foster parents. Each foster parent shall be given a copy of the agreement. A copy of the undertaking shall also be sent to the concerned Probation Officer/Case worker and to the Commissioner/ Director of Social Welfare Department.

(g) The child shall then be placed with the couple/single parent/Group home.

(C) Target Group

(a) The children from dysfunctional in a state families or from institutions or the children whose biological parents arc cither incapacitated or in a state of crisis and unable to provide the care and protection to the child.

(b) Foster care is a boon to children without roots growing up in orphanages and child welfare institutions to find an opportunity to lead a family life ;

(c) Children who can not be placed on adoption due to various reasons can be considered for Foster Care ;

(d) Foster Care can be either short term or long term depending upon the needs;

(e) De-institutionalization of children and placing them in Foster Care can be made with the concurrence of Child Welfare Committee.

(D) Programme implementation. - The Foster Care shall be implemented in each district or for a group of districts through Non-Government Organization which are recognised as fit institutions by Child Welfare committee/ Juvenile Justice Board on the advice of the Commissioner/Director of Social Welfare specifically for this purpose.

(E) Follow-up :

(a) There shall be regular visits carried out by the Probation Officer/Child Welfare Officer/Social Case Worker, as the case may be so as to protect the best interest of the child ;

(b) Review of the placement report to be made every six months' by the Monitoring and Evaluation Committee. These Reports shall be submitted to the Child Welfare Committee and the Department of Social Welfare ;

(c) In case of victimization of the child in the foster home, appropriate action shall be taken against the parents ;

(d) When the foster placement begins the person placing the child shall submit to the foster parent a list of immunizations carried out in respect of the child and indicate to the foster parent the list of the other immunization required to be effected in respect of the child and foster parent shall ensure that those immunizations are carried out. The foster parents and the District Probation and Social Welfare Officer shall at all times keep a record of the immunizations in respect of the child ;

(e) Where the child placed with a foster parent is under five years of age, the child shall be medically examined by a Competent Medical Officer: -

(i) Within one month after the date of placement and (ii) Thereafter once every six months.

(f) Where a child placed with a foster parent is above the age of five years, the child shall be medically examined by medical functionaries once in a year;

(g) The Probation Officer/Case worker concerned shall, so far as possible assist the foster parent in ensuring the carrying out the requirements.

(F) Disruption. -

(a) If the Probation Officer/Case Worker feels that it is in the best interest of the child, he/she may make a report regarding the necessity for disruption and submit it to the Child Welfare Committee.

(b) The Probation Officer/Case Worker shall also produce before the Child Welfare Committee the record of efforts put into the remedy the maladjustment;

(c) The child may be removed and placed in an alternative home/transit home wherever maladjustment occurs, after obtaining the consent of the Child, Welfare Committee and giving the foster parents an opportunity to be heard ;

(d) In the case of an emergency the child may be removed based on the discretion of the Probation Officer/Case Worker in consultation with the Superintendent and other staff of the children's home, according to conditions such as physical, or sexual abuse, or exploitation ;

(e) Upon disruption of a placement the Child Welfare Committee shall recommend alternate placement of the child with adequate provisions for counselling and care.

(G) In case of sickness/death of the child or death of the foster parents. -

(a) If a child is seriously ill the foster parent shall as soon as possible inform to the concerned Probation Officer/Case Worker who shall inform the parents/guardians and the Child Welfare Committee.

(b) If the foster child dies, the foster parent shall make every effort to obtain a medical certificate of death and a post mortem report within 24 hours ;

(c) He or she shall also immediately inform the Probation Officer/Case Worker concerned, who shall inform the parents/guardians, Department of Social Welfare and the Child Welfare Committee.

(d) In the case where the child has been placed with a single foster parent who has died the child shall be returned to the approved home from where the child was received.

(H) Responsibilities of Child Welfare Committee/Placement Agencies/ Children's Home :

(a) Foster care placements shall be made only through recognized/ accredited bodies and Probation Officers/Case Workers by the Child Welfare Committee ;

(b) The Child Welfare Committee shall develop, maintain update and employ a written policy and procedures manual ;

(c) The placement agencies/children's home shall satisfy itself that all alternatives to keep the child in his/her family have been explored and that foster care is the optimal choice of care for the child ;

(d) The placement agency/children's home shall identify, screen, orient and provide training to the foster families ;

(e) The placement agencies/children's home along with the Child Welfare Committee shall device a system to ;

(i) assess the needs of the child and the foster family ;

(ii) match the needs of the child with the abilities and resources of the foster family.

(iii) prepare both the child and the foster family for the placement.

(f) The Child Welfare Committee/Placement Agencies/Children's Home Competent Authority or agency shall support the child's contact with the biological family whenever possible and when conducive to the child's best interest.

(g) The Placement Agencies/Children's Home along with the Child Welfare Committee shall begin permanency planning for the child soon after the placement.

(h) The Child Welfare Committee alongwith the Placement agencies/ Children's Home shall develop a procedure for participation with the foster family in a periodic mutual review. This review will evaluate the strengths and needs of the foster family for caring for the child and the relationship between the competent authority or agency and the foster family.

(i) The Child Welfare Committee alongwith placement agencies/ Children's home shall develop a policy to recognize the positive contributions made by foster families to the field of child welfare.

(j) The Child Welfare Committee shall develop written policies and procedures for the closure of foster homes under the different circumstances. This will include voluntary withdrawal of service by foster families as well. The procedure shall provide the foster parent/parents an opportunity to be heard before the decision to withdraw the service is arrived at.

(k) The placement agency/children's home shall develop individual case records which shall include periodic narrative reports relating to the child's and the biological family's involvement with foster care.

(i) Any child or his family shall be supported under sponsorship to withdraw children from child labour/bonded labour for higher education.

(ii) Any activities pertaining to improve the behaviour of children, through personality development Programme.

(iii) Cultural programmes, picnics, holiday camps, medical assistances, immunisation programmes, special medical assistance, etc. inter school sports activities, creative arts and competition seminars for children involving eminent personalities etc.

(iv) Any activities pertaining to the job oriented training programmes, establishment of vocational rehabilitation centres, community college etc.

(v) Establishment of libraries, sports activities, horticulture/sericulture, creative arts and competitions etc. or any other developmental programme.

(vi) Improving infrastructure and amenities, construction or alteration of building etc.

(b) The payment shall be made through the institution from where the child was discharged.

(c) The agency/institution receiving sponsorship shall maintain proper and separate accounts of all the receipts and payments for the programme.

(a) Children reinstated with single Parent/biological families who are under below poverty line.

(b) Disabled and other special needs children requiring specialized intervention/treatment and referred from any institution or programme under this Act.

(c) Children reinstated into the family, where the parent is disabled or chronically ill but is willing and able to take care of the child.

(d) Where the child requires sponsorship to complete his/her ongoing education/vocational training after discharge from the institution, up to a maximum period of two years.

(e) Any other cases after due consideration.

(b) Each institution availing of the sponsorship support under the Act, shall accord the responsibility of undertaking all assessments, home visits, documentation, review and follow up of sponsored children to the qualified Probation Officer/Case Worker and Social Worker.

(c) Appropriate proof or record of death/divorce/separation/disability/illness/income Of parent or child, shall be verified and attached to the case file and a report shall be prepared and submitted to the District Advisory Board by the Probation Officer/Case Worker and Social Worker.

(d) Follow up of the child once in six months to get an update on the family situation shall be made and a report shall be submitted to the District Advisory Board. Care shall be taken to ensure that the child is getting adequate education, nutrition and health care and the child is free from abuse and exploitation.

(e) All sponsored children shall regularly attend formal schooling/skill training/vocational training unless under special instances of disability or illness of the child, which shall be verified by the Caseworker.

(f) In the event of death of parents at any time the child has to be institutionalized and the sponsorship shall be discontinued. But institutionalisation shall be the last resort.

(g) The child shall not receive sponsorship support from any other source.

(h) Wherever possible, the child shall be referred to other existing education schemes and services.

(i) Appropriate action shall be taken against persons found to be deliberately misusing the sponsorship support.

(j) There shall be a yearly evaluation of the rehabilitation outcomes for children as far as possible and independent consultants shall be employed.

(k) The Department of Social Welfare shall work out the additional modalities of the sponsorship programme through a suitable scheme.

Chapter X

Monitoring of Juvenile Justice System

(a) development of Juvenile Justice Services through various official and Community based Welfare agencies.

(b) the ways and means of mobilising human and material resources to ensure social justice to the juveniles of both categories.

(c) the development of facilities for educational vocational training and rehabilitation for various categories of juveniles coming within the purview of the Juvenile Justice System.

(d) the co-ordination between various sectors of child development in dealing with the problems of Juveniles processed through the law.

1.	Collector	Chairperson
2.	Superintendent of Police	Member
3.	Representative of Zila Panchayat	Member
4.	Chief Medical Officer	Member
5.	Deputy Director Education	Member
6.	Secretary Red Cross	Member
7.	Chairperson Rotary/Lions club	Member
8.	Two Social Workers	Member
9.	Two members of Neighbourhood Committee	Member
10.	Businessman	Member
11.	Two Donor	Member
12.	Deputy Director Panchayat & Social Welfare	Member, Secretary
13.	Superintendent of concerning Home	Member

(a) Review the administration and activities of institutions established under the provisions of the Act.

(b) Inspect the institutions established under the provisions of the Act and report to the Director/Commissioner of Social Welfare Department.

(c) Propose suitable programmes for the up-gradation & development of the homes.

(d) Review the probation work in the district & propose suitable suggestions for effective implementation.

(e) To give support to the programme for the rehabilitation of inmates in the society.

(f) To generate financial support to the inmates for their entire development and rehabilitation.

(g) To create linkages between various agencies working in the field of social welfare for coordination and cooperation. To bring the inmates in the main stream of the society. ,

(h) To review the minimum standards ensured in the institutions set up under the Act.

(i) To review the non institutional services like Probation, Foster care, Adoption, Sponsorship Programmes etc.

(j) To review the inter coordination between the various departments, community based programmes etc. and suggest the suitable remedial measures for effective functioning.

(k) To propose necessary suggestions to improve the quality of institutional and non institutional services effectively.

(a) Nomination of the non official members of District Advisory Board shall be made by the concerning Collector of the district.

(b) The tenure of the Non Official members shall be for a period of 3 years. The non official member may be terminated by the Collector after giving reasonable opportunity.

Chapter XI

Miscellaneous

(a) to secure the rights and implement programmes for the welfare and rehabilitation of children ;

(b) to pay grant-in-aid to non-official organizations ;

(c) to meet the expenses of State Advisory Board and its purpose ;

(d) to do all other things that are incidental and conducive to the above purposes.

Form I

[See sub-rule (10) of Rule 10 and sub-rule (2) of Rule 20]

Order for Social Investigation Report

Probation Officer/Person-in-charge

Voluntary Organisation/Social Worker/Case Worker.

Whereas (1) a report/complaint under section..........................of the Juvenile Justice (Care and Protection of Children) Act, 2000 has been received from............... in respect of (name of the child) son/daughter of........................................ residing at................................

Form II

[See sub-rule (13) of Rule 10]

Supervision Order

*Additional conditions, if any, may be inserted by the Juvenile Justice Board/Child Welfare Committee.

Form III

[See sub-rule (15) of Rule 10 and sub-rule (10) of Rule 20]

Order of detention

The Officer in charge/Project Manager

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

(Signature)

Principal Magistrate, Juvenile Justice Board/Chairperson, Child Welfare Committee

Form IV

[See sub-rule (14) of Rule 10 and sub-rule (11) of Rule 20]

Bond to be executed by a Parent/Guardian/Relative or fit person in whose care a child is placed under Clause (e), sub-section (1) of Section 15/sub-section (3) of Section 39

(2) That I shall not remove the said....................from the limits of the jurisdiction of the Juvenile Justice Board/Child Welfare Committee without previously obtaining the written permission of the Board/Committee.

(3) That I shall send the said..........................(Name of Child) daily to school/to such daily work as is approved by the Board/Committee unless prevented from so doing by circumstances beyond my control;

(4) That I shall send the said.................(Name of Child) to an Attendance Centre regularly unless prevented from so doing by circumstances beyond my control;

(5) That I shall report immediately to the Board/Committee whenever so required;

(6) That I shall produce the said................if he/she seriously misbehaves or absconds from my care;

(7) That I shall render all necessary assistance to the Probation Officer/Case Worker to enable him to carry out the duties of supervision;

(8) In the event of my making default herein. I bind myself to forfeit to Government the sum of Rs.....................(Rupees......................).

(Signed)

Form V

[See sub-rule (3) of rule 62]

Bond to be signed by child who has been ordered

(1) That during the period.....................I shall not ordinarily leave the village/town/district to which I am sent and shall not ordinarily return to.........or go anywhere also beyond the said district without the prior permission of the Board/Committee;

(2) That during the said period I shall attend work/school in the village/town or in the said district to which I am sent;

(3) That in case of my attending work/school at any other place in the said district I shall keep the Board/Committee informed of my ordinary place of residence.

Signature

(Name of Child)

Form VI

[See sub-rule (3) of rule 62]

(1) If his/her conduct is unsatisfactory I shall at once inform the 'competent authority'.

(2) I shall do my best for the welfare and education of the said...............................................as long as he/she remains in my charge and shall make proper provision for his/her maintenance.

(3) In the event of his/her illness, he/she shall have proper medical attention in the nearest hospital.

(4) I undertake to produce him/her before the 'competent authority' when so required.

Signature

Form VII

[See sub-rule (3) of rule 61]

(1) The released person shall proceed to.............and live under the supervision and authority of..................until the expiry of the period of his/her detention unless the remission is sooner cancelled.

(2) He/She shall not, without the consent of the.........................................................remove himself/herself from that place or any other place, which may be named by the said................

(3) He/She shall obey such instructions as he/she may receive from the said................ with regard to punctual and regular attendance at employment or otherwise.

(4) He/She shall attend the Attendance Centre at...............regularly.

(5) He/She shall abstain from committing any offence and shall lead a sober and industrious life to the satisfaction of............

(6) In the event of his/her committing a breach of any of the above conditions the remission of the period of detention hereby granted shall be liable to be cancelled and on such cancellation he/she shall be dealt under sub-section (3) of Section 59 of the Juvenile Justice (Care & Protection of Children) Act, 2000.

(Signature or mark of the released person)

Signature and Designation of the Certifying Authority (i.e. Officer-in-Charge of the institution)

Form VIII

[See sub-rule (19) of rule 10]

Order of fine

(1) that he will present himself within 14 days from the date of this order before the Probation Officer named herein and will produce the copy of the order;

(2) that he will submit himself to the supervision of the Probation Officer;

(3) that he will during the period specified herein keep the Probation Officer advised of his place of residence and means of livelihood/place of work/place of education and progress in education;

(4) that he will attend the attendance centre regularly;

(5) that he will not associate with bad character to lead to dissolute life;

(6) that he will live honestly and peaceably and will go to school regularly/endeavour to earn an honest livelihood;

(7) that he will not commit any offence punishable by any Law in force in India;

(8) that he will abstain from taking intoxicants; and

(9) that he will carry out such directions as may from time to time be given by the Probation Officer, for the due observance of the conditions mentioned above.

Signature

Principal Magistrate

Juvenile Court

*Additional conditions, if any, may be inserted by the Juvenile Court if necessary.

To be renumbered if necessary.

Form IX

[See sub-rule (12) of rule 9]

Information of arrest of a Child/Juvenile to the Probation Officer

Form X

[See sub-rule (13) of Rule 19]

Information of arrest of a juvenile to his/her parent or guardian

Name of the parent/Guardian

Form XI

[See sub-rule (1) of Rule 72]

Social Investigation Report

Name of the person/agency who received, contacted or apprehended the child :

Address :

Phone/Fax/E-mail :

If the child is alleged to be in conflict with law, under what Section :

If the child is in need of care and protection, what is the child classified as :

Missing/Lost child

Orphaned/abandoned child

Runaway child

Mentally challenged child

Others

Name.........................................................................................................................

Age........................Sex.....................Religion/Occupation.......................................................

Education...................................................................................................................

Permanent Address and all contact information................................................................................

Last address before coming under the purview of the law......................................................................

Three nearest landmarks to child's present home..............................................................................

health

Father/Step Father

Mother/Step Mother

Siblings

Other relatives.

Date and time the child was found :

Place where the child was found giving details of at least three nearest landmarks Condition in which the child was received with specific remarks about Emergency: any serious injury/abuse requiring medical attention

- Description of activity the child was engaged in at the time of being contacted, if relevant such as begging, roaming etc.

Dress : the colour and type of dress worn at the time, condition in which the clothes were, etc.

- Physical condition : hygiene, general health, hunger, injuries any observable disability, etc.

- Emotional conditions : whether the child was distressed, appeared lost, asking for help, whether he/she was willing to share information readily, etc. Any specific stress that the child may be currently under and reason for the same as given by the child.

Name and details of relatives/significant persons/organizations known to the child who can provide any further information about him/her.

Details of any personal belongings that the child may choose to reveal on his/her person at the time, which could provide further information about his/her background or circumstances at the time.

Reason for the present circumstances as given by the child :

- Push factors (i.e. reasons why child was forced to leave home such as whether he/she complains of abuse/violence within the home/previous residence)

- Pull factors (i.e. reasons why child was attracted out of the home by outside influences)

- Attitude towards parents/family as expressed by the child (fear, affection, whether he/she wants to go back home or is seeking alternate shelter, etc.)

Description of home and living conditions

Initial impression of the home

Nature of place of residence (kutcha, pucca, number of rooms, pavement dwelling, locality, etc.)

Present living conditions

Comment on Economic status

Functionality of the family and family members

Emotional factors

Physical condition

Social factors

Economic factors

Religious factors

Relationship between family members

Relationship between parents (according to the child and other family members)

Relationship between parents and children (according to the child and other family members)

Relationship with child under investigation (according to the child and other family members)

Parenting skills and practices

Parent attitude towards discipline in the home and child's reaction

Is there any violence or abuse against the child or other family members ? (According to the child and other family members)

Physical condition - any serious illness, etc.

Medical history/Mental illness/MR etc.

Friends/associates of the child and significant details about them Habrts, interests (moral, recreational, etc.)

Child's interest in education/schooling as expressed by his/her School (attitude towards school, Teachers, class mates and vice-versa)

Work record (jobs held, reasons for leaving if any)

Vocational interests, (attitude towards job or employers)

Outstanding characteristics

If the child is considered as being in need of care and protection, what are the reasons given by the child for his/her present circumstances ?

If the child is alleged to be in conflict with the law what are the reasons given by the child for having allegedly committed the crime ?

Any other significant person's (parent/guardian/social worker/neighbour, etc. known to the child) opinion of the same ?

Reason given by the person who first met/received/apprehended the child In the case of Children affected by Displacement/Disaster/Conflict, the social investigation report shall contain the following additional information :

Place of origin

Place of separation from family

Situation at place of origin and reasons for displacement

Reason for coming to Chhattisgarh specifically if the child has come from another State.

Period of stay in Chhattisgarh

Any other family member displaced with the child

Other institutions, camps lived in (In Chhattisgarh and outside Chhattisgarh)

Adult who accompanied the child to Chhattisgarh if not transferred from an Institution under the Act:

Child's relationship with that adult:

Need of the child as assessed by the primary case worker and other expert assessments

Needs, desires and plans as expressed by the child :

Analysis of the case and tentative conclusions as to the reasons for neglect or actions deemed to be in conflict with the law.

Problem analysis

Summary of personal history

Present situation and context of child Focusing on nature, description and cause of neglect/behaviour deemed as being in conflict with law, educational background, relationship with family, history of abuse, history of institutionalization, etc.)

Summary of family History

Impression of functionality of family

Other facts of importance if any such as significant incidents, which may contribute to the understanding of the child.

Need analysis

Needs of the child as perceived by the child

Needs of the child as perceived by the probation officer/case worker

Any opinion or specific request expressed by the child at the time

Tentative conclusions :

Is the child likely to have run away from home, is he/she a lost/missing child, any other tentative conclusion for the child coming to be in the present circumstances.

Any other remarks or specific observations such as any out of the ordinary remarks, behaviour, whether the details given by the child seem to be genuine, etc.

Recommendation regarding treatment and plan for the same.

According to the child taking into account the future plans/aspirations of the child.

As recommended by the Producing agent/Probation Officer/Child Welfare Officer.

Signature of the Probation Officer/Caseworker.

Form XII

[See clause (d) sub-rule (2) of Rule 72]

Fortnightly Progress report of Probationer

Part I

Part II

Part III

(a) Variation of conditions of bond

(b) Change of residence

(c) Other matters.

Form XIII

[See sub-rule (1) of Rule 18]

Report of producing agent on first stage of production

1. As far as possible the child/juvenile should not be coerced into providing information for this report.

2. This form shall be filled as soon as possible to the time of receiving the child/juvenile at the time of being found.

3. Any changes in the information provided by the child/juvenile should be mentioned in this report.

1. Name of the person/agency referring the juvenile/child :

2. Address :

3. Phone/fax/E-mail

4. Name of the nearest police station

5. Date and time the child/juvenile was found

6. Name of the authority before whom the child/juvenile was produced

7. Details of the child/juvenile when found :

8. Name and alias of the child/juvenile as and if given by the child/juvenile

9. Approximate age of the child/juvenile

10. Name and Address of the school if given by the child/juvenile

11. Name of place of work if the child/juvenile was employed

12. Name and details of relatives or agencies known to the child/juvenile

13. Details of any personal belonging found on his/her person at the time

14. Details of any family as given by the child at the time

15. Reasons for the present circumstances as given by the child/juvenile - what was the predisposing factor in terms of what incident provoked the child/juvenile to leave his/her previous residence and come to be in the present circumstances.

- Push factors i.e. reasons why the child/juvenile was forced to leave such as whether he/she complains of abuse/violence within the home/previous residence.

- Pull factors i.e. reasons why child/juvenile was attracted out of the home by outside influences.

16. Place where the child/juvenile was found giving details of atleast three nearest landmarks.

17. Condition in which the child/juvenile was found with specific remarks about

- Emergency : whether there was any serious injury/abuse requiring medical attention.

- Description of the activity the child was engaged in at the time of being found

- Dress : the colour and type of dress worn at the time, condition in which the clothes were

- Physical condition : Hygiene, general health, hunger, injuries, any observable disability

- Emotional condition : whether the child was distressed, appeared lost, asking for help, whether he/she was willing to share information readily.

- Attitude towards parents/family as expressed by the child/juvenile (fear, affection, whether he/she was willing to go back home or is seeking alternate shelter)

- Any outstanding observations (any out of the ordinary remarks, behaviour, whether the details given by the child seem to be genuine, etc.)

- Any opinion or specific request expressed by the child at the time.

Note. - Information for this report should be taken from documents maintained by the previous institution and Xerox copies of the same should he enclosed.

Form XIV

[See sub-rule (1) of Rule 69]

Review sheet

Poor           Average           Fair           Good           Very good

According to the child

According to the Primary case worker

Reasons for the same as given by the child

Reasons for the same as concluded by the Primary Case Worker

Recommendations for the future

Poor           Average           Fair           Good           Very good

According to the child

According to the Primary Case Worker

Reasons for the same as given by the child

Reasons for the same as concluded by the Primary Case Worker

Recommendations for the future

Poor           Average           Fair           Good           Very good

Reasons for the same as given by the child

Reasons for the same as concluded by the Primary Case Worker

Reasons for the same given by the teacher/s

Reasons for the same as given by the parents/guardians (if applicable)

Recommendations for the future.

Poor           Average           Fair           Good           Very good

Reasons for the same as given by child

Reasons for the same as concluded by the Primary Case Worker

Reasons for the same given by the teacher/s

Reasons for the same as given by the parents/guardian (if applicable)

Recommendations for the future

any significant changes in behaviour (positive or negative with specific observations on emotional status, coping strategies)

Opinion of the child and reasons for the same as given by the child

Reasons for the same as concluded by the Primary Case Worker

Recommendations for the future

any significant changes in health

as reported by the medical officer

as observed by the primary case worker

any specific complaints that the child has to make at the time of the review

Reasons for the same as given by the child

Reasons for the same as concluded by the Primary Case Worker

Reasons for the same as given by the parents/guardians (if applicable)

Action to be taken

Poor           Average           Fair           Good           Very good

Reasons for the same as given by child

Reasons for the same as concluded by the Primary Case Worker

Any special achievements

Suggestions/Recommendations for the future

Nature of incident

Opinion of the child, parent/guardian and case worker about the cause and result of that incident

Implications for the child's progress

Recommendations

Form XV

[See clause (a) of Rule 73]

Classification of children & problem identification with regard to children in need of care and protection

Note. - This information shall be recorded by the Social Case Worker and updated regularly as and when additional information is received about the child.

(1) Parents :

Both alive and together

Both alive but separated

Mother and step mother alive

Father and step father alive

One of the parent dead (single parent)

Looked after by step mother/father

Both not alive

Not known

(2) Guardians

Maternal uncles/aunts

Relatives

Grandmother/father/parents

Neighbours community

(3) Child and the address

Very clear and can be located

Clear but difficult to locate-nearby major places told by the child is located

Clear but not locatable-describes family surroundings in detail

Description very poor

(4) Economic situation at home

Earnings of the family per month

Home-jhopdi, small thatched house, small concrete house, good house Family-begging, migrating, stationery

Meals per day

At home-cycle, Car, Fan, TV, Radio, Cooker

Clothes worn are tom. Last a child had a new one.

Footwear.

(5) Child wants to go home

Afraid of home

Crying to go home

Indifferent

Not wanting to go home

(6) Parents/relatives are aware

Parents know that the child is here - voluntary admission

Parents have been told by the child but do not know that the child is here

Parents/guardian do not know

Child did not tell anybody

(7) Torture to the child/loved by whom

Father drinks and beats

Work situation - owner beats repeatedly

If the child do not earn the family members beat

Beaten by friends

Beaten by teachers

Loved by parents/guardians

Loved by whom in the family other than the parents

Loved by someone outside the family

(8) Child leaving home-habit

Child has left home for the first time

Has left home more than once

Child has a habit of leaving home and returning home repeatedly

Child is advised by the parents to leave home.

(9) Members in the child's family and their work

Father/guardian

Mother

Younger brother

Elder brother

Younger sister

Elder sister

(10) Reasons as to why the child left home.

Form XVI

[Item (i) of clause (b) of sub-clause (2) of Rule 78]

Enquiry Report of Probation Officer to declare a Child as Legally Free for Adoption

(1) Details of the child against Whom the abandoned certificate is requested.

(a) Name

(b) Age

(c) Identifications 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 abandoned, date and time to take charge of the child etc., are to be furnished)

(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 furnished.

(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 XVII

[See item (ii) of sub clause (b) of clause (A) of sub rule (4) of Rule 80]

Home Study of Foster Family

1. Identifying information such as background information of the foster parent/ parents including identifying information, education, family history, medical history, employment history, residence & facilities, lifestyle, parenting/child care experience and the motivation to take child in foster care, duration of foster care offered, supported by necessary documents such as certificates of proof of age, proof of marriage, general health certificate, income statement, letters of reference, consent of persons residing in the family photographs of the couple, photos of child. Case study of the child.

2. Antecedents of the prospective foster family including :

Their own childhood experiences, upbringing and interpersonal relationships. Information on other members of the family

Attitude of the children and relatives of the foster family towards the foster care plan

Social, ethno-cultural, linguistic and religious identity of the prospective foster family

Sanctions against any charges of criminal offence and child abuse.

3. Recent photograph of the family

4. Physical, intellectual, emotional and educational status of prospective foster family.

5. Medical report on the family's health status and health history

6. Employment and financial assets

7. Accommodation and community environment

8. Motivation

9. Ability to provide nurturing care and supervision in an atmosphere of affection and moral and material security.

10. Statement of positive reference and emotional support from relatives, friends community.

11. Assessment by a multidisciplinary support team of professionals (as far as possible) stating :

Their reasons for approving the prospective foster parent/s

Details of the child (age, sex, acceptance of siblings, special needs child etc.) they would prefer to adopt and are capable of parenting.

Form XVIII

[See sub clause (a) of clause (A) of sub rule (4) of Rule 80]

Application Format for Foster Care

Form XIX

[See sub rule 1 of Rule 43]

Application for Certification

   1. Name of the institution .............................................................

   2. Date of establishment ...............................................................

3. Please furnish the details under which Act, the registration is made with No. Date place of registration etc.

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

   4. Sources of funds with details .................................................................

   5. Names of members of governing body and their addresses ...................................................................................

   6. Activities of the organisation ................................................................

   7. If financial assistance is received for any activities/ programmes from State/Central Quasi

   Govt./other funding Agencies including foreign grant the Details may be furnished ..................................................................................

   8. Infrastructure available

(a) Total area of the campus	.......................................................................................
(b) Plinth area of each floor of the building and number of floors.	.......................................................................................
(c) Play grounds	.......................................................................................
(d) Details of buildings for academic programmes cubical areas of each Class room.	.......................................................................................
(e) Details of vocational inputs and the Plinth areas for Vocational centre. Cubical areas as each trade.	.......................................................................................
(f) Kitchen, dormitories, prayer hall etc.	.......................................................................................
(g) Facilities for Primary education Secondary education, Higher Secondary Education.	.......................................................................................
(h) If no school Section is attached the Distance of outside school from the campus.	.......................................................................................
(i) Details of library, indoor games, science lab etc. (if available)	.......................................................................................
Nearest hospital (Govt.) address & distance.	........................................................................................

9. Sanitary conditions in the institutions .......................................................

10. Water resources whether adequate or not should be spelled out ..............................................................................

11. Address for communication including grams, Fax, E-mail etc.............................................................................

12. Name & address of the contact persons....................:....................................

13. Details of staff in their existing programmes.................................................

14. Any other relevant information................................................................................................................................

15. Resolution of the governing body..............................................................

Declaration

Authorised Signatory

Form XX

[See sub clause (f) of clause (B) of sub clause (4) of Rule 80]

Foster care agreement

• Feed the child nourishing meals on a regular basis.

• Regularly check the child clothing needs and keep the child well clothed year around.

• Provide for the child's personal care, health and hygiene needs.

• See that the child is clean and well groomed. Teach personal hygiene methods when necessary.

• That the child's medical needs are regularly checked and met.

• Assure that the child follows a healthy, structured daily routine.

• Provide opportunities for the child to get regular and sufficient exercise.

• Include the child in all family activities.

• Express affection often. Demonstrate affection in appropriate, healthy ways.

• Seek to establish supportive relationship with child's biological family.

• Never speak negatively about the child's family or history. Listen and empathize.

• Help children advance through the grieving and adjustment process that accompanies removal from their homes and placement.

• Respect confidentiality of the child.

• Enroll the child in a school.

• Provide for daily attendance at school.

• Provide a quiet physical space for the child to complete school assignments.

• Monitor the child's educational progress.

• Attend any after school meeting required.

• Provide access to after school activities, sports etc..

• Provide consistent and realistic discipline and guidance that is age appropriate and does not involve corporal punishment!

Work with Probation Officer/Social Welfare Officer :

• Attend all meetings and participate fully.

• Provide adequate information regarding the child's progress, behaviors at home and school to the probation officer/social welfare officer.

• Notify the probation officer/social welfare officer immediately in all emergencies.

• Submit all requested documents in a timely manner.

• Participate in planning for the child-permanency, treatment, options etc..

• Inform the probation officer/social welfare officer concerned immediately of plans to change residence and address.

• Adhere to procedures and principles laid down in the Juvenile Justice (Care and Protection of Children) Act, 2000 and Rules.

• Agree that the social welfare officer/probation officer can remove the child from the home in the case of violation of any of the rules laid down under this Act.

Form XXI

[See clause (o) of sub-rule (2) of Rule 72]

History Sheet

(History Sheet of Licence discharged pupils)

Name of the Supervising Probation Officer..............................................................

Address of the Probation Officer.......................................................................

Date from which the Probation Officer takes Charge of this Licence.....................................

(Follow up sheet shall be added)

Continuation Sheet/Follow-Up Sheet

Form XXII

[See sub-rule (5) of Rule 55]

Medical History Sheet

(a) Respiratory disorder

(b) Hearing impairment

(c) Eye diseases

(d) Dental diseases

(e) Cardiac diseases

(f) Skin diseases

(g) Sexually transmitted diseases

(h) Neurological disorders

(i) Mental handicap

(j) Physical handicap

(k) Others (pl. Specify)

Form XXIII

[See clause (a) of rule (5) of Rule 73]

Case History Format

(i) Concrete building/tiled House/Hut/On the Street/others (Please specify)

(ii) Three bed room/two bed room/one bed room/no separate bed room

(iii) Owned/rental

(i) Police Local Police/Juvenile Aid Police Unit/railway Police/women Police

(ii) Probation Officers/Social Welfare

(iii) Social Welfare Organisation

(iv) Social Worker

(v) Parent (s) Guardian (s) (Pl. specify the relationship)

(vi) Child himself/herself

(i) Abuse by Parent(s) Guardian(s)/Step parent(s)

(ii) In search of employment

(iii) Peer group influence

(iv) Incapacitation of parents

(v) Criminal behaviour of parents

(vi) Separation of parents

(vii) Demise of parents

(viii) Poverty

(ix) Others (Pl. specify)

(a) Verbal abuse-Parents/Siblings/Employers/Others (Pl. specify)

(b) Physical abuse

(c) Sexual abuse Parent/Siblings/Employers/Others (Pl. specify)

(d) Others Parent/Siblings/employers/Others (Pl. specify)

(i) Extracted work without payment

(ii) Little (Low) wage with longer duration of work#

(iii) Others (Pl. specify)

(i) Taken nutritious diets

(ii) Ordinary diet

(iii) Inadequate food intake.

(i) Mother infected with contagious diseases

(ii) Mother consumed/used contraceptives

(iii) Mother met with accident/injured

(iv) Intake of antibiotics

(v) No such details available

(i) Normal delivery/prolonged delivery/caesarian

(ii) Under weight/Normal weight/over weight

Nuclear family/Extruded family/Joint family/Broken family

(i) Participate in social and religious function

(ii) Participate in cultural activities

(iii) Does not participate in social and religious function

(iv) Not known

(i) Over protection

(ii) Affectionate

(iii) Attentive

(iv) Not affectionate

(v) Not attentive

(vi) Rejection

Early

Middle age

Late

(i) 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 (Pl. specify)

(i) Parental neglect

(ii) Parental overprotection

(iii) Parents criminal Behaviour

(iv) Parents influence (negative)

(v) Peer group influence

(vi) To buy drugs/alcohol

(vii) Others (Pl. specify)

(i) Sent to family to meet family need

(ii) For dress materials

(iii) For gambling

(iv) For prostitution

(v) For alcohol

(vi) For drug

(vii) For smoking

(viii) Savings

(i) With employers

(ii) With friends

(iii) Bank/Post Office

(iv) Others (Pl. specify)

(i) Less than six hours

(ii) Between six and eight hours

(iii) More than eight hours

(i) illiterate

(ii) Studied upto V std.

(iii) Studied above V Std. but below VIII Std.

(iv) Studied above VIII Std. but below X Std.

(v) Studied above X Standard.

(i) Failure in the class last studied

(ii) Lack of interest in the school

(iii) Indifferent attitude of the teachers

(iv) Peergroup influences

(v) To earn and support the family

(vi) Sudden demise of parents

(vii) Rigid school atmosphere

(viii) Abstention followed by running away from school

(ix) Other (Please specify).

(i) Corporation/Municipal/Panchayat Union

(ii) Government/Backward Class Welfare School

(iii) Private Management

(iv) Convents.

Tamil

English

Malayalam

Telugu

Kannada

Other language (Place specify)

(i) Scout

(ii) Sports (Please specify)

(iii) Athletics (Please specify)

(iv) Drawing

(v) Painting

(vi) Others (Please specify)

(i) Co-workers

(ii) School/Classmate

(iii) Neighbours

(iv) Others (Pl. specify)

(i) Educated

(ii) Illiterate

(iii) The same age group

(iv) Older in age

(v) Younger in age

(vi) Same sex

(vii) Opposite sex

(i) Associated with cine fans association (Pl. mention the name)

(ii) Associated with Religious group

(iii) Associated with arts and sports club

(iv) Associated with gangs

(v) Associated with voluntary social service league

(vi) Others (Pl. specify)

(i) Leader

(ii) Second level leader

(iii) Middle level functionary

(iv) Ordinary member

(i) For Social service activities

(ii) For leisure time spending

(iii) For pleasure seeking activities

(iv) For deviant activities

(v) Others (Pl. specify)

(i) Respect the social norms and follow the rules

(ii) Interested in violating the norms

(iii) Impulsive in violating the rule

(i) Usually at a fixed place

(ii) Places are changed frequently

(iii) No specific places

(iv) Meeting point is fixed conveniently

(i) Supportive

(ii) Rejection

(iii) Abuse

(iv) Ill-treatment

(v) Exploitation

(i) Passionate

(ii) Cruel

(iii) Abuse

(iv) Exploitation

(v) Ill-treatment.