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The Juvenile Justice (Care and Protection of Children) Model Rules, 2017

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The Juvenile Justice (Care and Protection of Children) Model Rules, 2017

GOVERNMENT OF BIHAR

NOTIFICATION

Patna, the ???.., 2017

Notification No. ?????.. ? In exercise of the powers conferred by the proviso to sub-section (1) of section 110 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), the State Government hereby makes the following rules, namely:-

CHAPTER ? I

PRELIMINARY

Rule - 1. Short title and commencement.-

(1) These rules may be called the Juvenile Justice (Care and Protection of Children) Model Rules, 2017.

(2) They shall come into force on the date of their publication in the Official Gazette.

Rule - 2. Definitions.-

(1) In these model rules, unless the context otherwise requires,-

(i) ?Act? means the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016);

(ii) ?Authority? means the Central Adoption Resource Authority constituted under section 68 of the Act;

(iii) ?Case Worker? means a functionary of a child care institution designated as such or a representative from a registered voluntary or non-governmental organisation who shall accompany the child to the Board or the Committee and may perform such tasks as may be assigned to him by the Board or the Committee;

(iv) ?Child Adoption Resource Information and Guidance System? means an online system for facilitating and monitoring the adoption programme;

(v) ?Child Study Report? means the report which contains details about the child, such as his date of birth and social background;

(vi) ?community service? means service rendered by children in conflict with law who are above the age of fourteen years and includes activities like maintaining a park, serving the elderly, helping at a local hospital or nursing home, serving disabled children, serving as traffic volunteers etc.

(vii) ?Form? means the forms annexed to these rules;

(viii) ?Home Study Report? means a report containing details of prospective adoptive parents or foster parents, and shall include social and economic status, family background, description of home and atmosphere, and health status;

(ix) ?individual care plan? is a comprehensive development plan for a child based on age and gender specific needs and case history of the child, prepared in consultation with the child, in order to restore the child?s self-esteem, dignity and self-worth and nurture him into a responsible citizen and accordingly the plan shall address the following, including but not limited to, needs of a child, namely:-

(x) health and nutrition needs, including any special needs;

(xi) emotional and psychological needs;

(xii) educational and training needs;

(xiii) leisure, creativity and play;

(xiv) protection from all kinds of abuse, neglect and maltreatment;

(xv) restoration and follow up;

(xvi) social mainstreaming;

(xvii) ?life skill training.

(xviii) ?in country adoption? means adoption of a child by a citizen of India residing in India;

(xix) ?Medical Examination Report? means the report of a child given by a duly licensed physician;

(xx) ?Person-in-charge? means a person appointed for the control and management of the Child Care Institution;

(xxi) ?POCSO? means the Protection of Children from Sexual Offences Act, 2012 (32 of 2012);

(xxii) ?rehabilitation-cum-placement officer? means an officer designated in every Child Care Institution for the purpose of rehabilitation of children;

(xxiii) ?Selection Committee? means a committee constituted by the State Government under rule 87 of these rules;

(xxiv) ?social background report? means the report of a child in conflict with law containing the background of the child prepared by the Child Welfare Police Officer;

(xxv) ?social investigation report? means the report of a child containing detailed information pertaining to the circumstances of the child, the situation of the child on economic, social, psycho-social and other relevant factors, and the recommendation thereon;

(xxvi) ?Social worker? means a person with post graduate degree in Social Work or Sociology or Psychology or Child Development or a graduate in the aforementioned discipline with minimum two years of experience in child education and development or protection issues, who is engaged by a Child Care Institution or authorised by District Child Protection Unit or State Child Protection Society or State Adoption Resource Agency or Central Adoption Resource Authority for preparing social investigation report or individual care plan of the child, child study report, home study report of prospective adoptive parent or foster parents, rendering post-adoption services, and performing any other functions as assigned to such person under the Act or these rules;

(xxvii) Explanation: For the purposes of this definition, it is clarified that the qualifications of the social worker member of the Board shall be as under section 4 of the Act and sub-rule of rule 4 of these rules hereunder.

(xxviii) ?Special Educator? shall have the same meaning as assigned to it in the Protection of Children from Sexual Offences Rules, 2012;

(xxix) ??State Child Protection Society? means a society constituted under section 106 of the Act;

(2) All words and expressions defined in the Act and used, but not defined in these rules, shall have the same meaning as assigned to them in the Act.

CHAPTER ? II

JUVENILE JUSTICE BOARD

Rule - 3. Board.-

There shall be one or more Boards in each district to be constituted by the State Government.

Rule - 4. Composition of the Board.-

(1) The Board shall consist of a Metropolitan Magistrate or a Judicial Magistrate of First Class having at least three years experience to be designated as the Principal Magistrate of the Board and two social worker members from the district concerned, of whom one shall be a woman, forming a Bench.

(2) The social worker members shall be appointed by the State Government on the recommendations of the Selection Committee constituted under 87 of these rules.

(3) The social worker members shall not be less than thirty five years and not more than sixty five years of age with following qualifications-

(ii) in the absence of candidates possessing eligibility criteria mentioned in clause (I) of the sub-rule (3) as aforementioned, the following may be considered-

(iii) graduate in social work/health/education/psychology/ sociology/rural development/women studies/ development studies/ /public administration and having at least five years of experience of working with children in the field of education, health, welfare or protection activities or

(iv) graduate in, any discipline along with diploma or certificate in child protection/counselling/child development/child rights/ human rights/women studies/criminology/ anti human trafficking/health or public health/mental health and having atleast five years of experience of working with children in the field of education, health,welfare or protection activities.

(4) The two social worker members so selected for a Board shall be from different fields of practice orProfession or academic qualification.

(5) Under circumstances where two or more candidates are having similar educational qualificationand experience, preference shall be given to members belonging to SC/ST community.

(6) All members of the Board including the Principal Magistrate, shall be given induction training andsensitisation within a period of sixty days from the date of appointment.

Rule - 5. Term of Members of the Board .-

(1) The term of the social worker member of the Board shall not bemore than for a period of three years from the date of appointment.

(2) A social worker member of d Board shall be eligible for appointment of maximum of two terms, which shall not be continuous.

Explanation: For the purpose counting number of terms, a person who, in the period precedingthe date of these rules coming into force, has been notified as a Social Worker member or on theBoard in any district, and has Served as such for a period that sums up to more than a year would be deemed to have served term.

(3) The members may resign at any time, by giving one month's notice in writing to the State Government.

(4) Any vacancy in the Board li be filled by appointment of another person from the panel ofnames prepared by the Selection Committee.

(5) The quorum for the sittings of the Board shall be not less than two Members including the PrincipalMagistrate.

(6) Under the circumstances where the quorum is affected because of completion of the term of asocial worker member or members, as the case may be, the term of such member or members,may be extended for further six months or till the selection of a new member, whichever is earlier.

Rule - 6. Sittings of the Board.-

(1) The Board shall hold its sittings in the premises of an observation home or at a place in proximity to the observation home or, at a suitable premise in any Child Care Institution meant for children in conflict with law run under the Act, and in no circumstances shall the Board operate from within any court or jail premises.

(2) The Board shall ensure that no person(s) un-connected with the case remains present in the room when the case is in progress.

(3) The Board shall ensure that only those person(s), in the presence of whom the child feels comfortable, are allowed to remain present during the sitting.

(4) The Board shall hold its sittings in a child-friendly premises which shall not look like a court room in any manner and the sitting arrangement should be such to enable the Board to interact with the child face to face.

(5) While communicating with the child, the Board shall use child friendly techniques through its conduct and shall adopt a child friendly attitude with regard to body language, facial expression, eye contact, intonation and volume of voice while addressing the child.

(6) The Board shall not sit on a raised platform and there shall be no barriers, such as witness boxes or bars between the Board and the child.

(7) The Board shall sit on all working days for a minimum of six hours commensurate with the working hours of a Magistrate Court, unless the case pendency is less in a particular district and the State Government issues an order in this regard, or the State Government may, by notification in the Official Gazette constitute more than one Board in a district after giving due consideration to the pendency of the cases, area or terrain of the district, population density or any other consideration.

(8) When the Board is not sitting, a child in conflict with law may be produced before an individual member of the Board. For the said purpose, one member of the Board shall always be available or accessible to take cognizance of any matter of emergency and necessary directions required to deal with the emergency situation shall be given by such member to the Special Juvenile Police Unit or the local police of the district. The Principal Magistrate shall draw up a monthly duty roster of the members who shall be so available and accessible every day, including on Sundays and holidays. The roster shall be circulated in advance to all the police stations, the Chief Judicial Magistrate/ Chief Metropolitan Magistrate, the District Judge, the District Magistrate, the Committees, the District Child Protection Unit and the Special Juvenile Police Unit.

(9) The social worker members of the Board shall be paid not less than Rs. 1500/- per sitting which shall include sitting allowance, travel allowance and any other allowance, as the State Government may prescribe.

(10) The Board shall be provided infrastructure and staff by the State Government.

Rule - 7. Functions of the Board.-

(1) The Board shall perform the following additional functions, namely:

(i) whenever necessary, the Board shall provide a translator or interpreter or special educator who shall be paid not less than Rs.1500 per day and in case of translator, not exceeding Rs.100 per page. For the said purpose, the District Child Protection Unit shall maintain a panel of translators, interpreters and special educators who shall forward the same to the Board, the qualifications of the translator, interpreter and special educator shall be as prescribed under the POCSO Act, 2012 and rules framed thereunder;

(ii) wherever required issue rehabilitation card in Form 14 to the child in conflict with law to monitor the progress made by the child;

(iii) wherever required, pass appropriate orders for re-admission or continuation of the child in school where the child has been disallowed from continuing his education in a school on account of the pendency of the inquiry or the child having stayed in a Child Care Institution for any length of time;

(iv) interact with Boards in other districts to facilitate speedy inquiry and disposal of cases through due process of law, including sending a child for the purpose of an inquiry or rehabilitation to a Board in another district or State;

(v) inspect Child Care Institutions for children in conflict with law, issue directions in cases of any noticeable lapses, suggest improvements, seek compliance and recommend suitable action, including against any employee found in dereliction of duty to the District Child Protection Unit;

(vi) maintain a suggestion box or grievance redressal box in the premises of the Board at a prominent place to encourage inputs from children and adults alike which shall be operated by the nominee of the Principal Magistrate;

(vii) ensure smooth functioning of Children?s Committees in the Child Care Institutions for children in conflict with law, for realising children?s participation in the affairs and management of such Child Care Institutions;

(viii) review the Children's suggestion book and grievances or suggestions received from children at least once in a month and recommend appropriate actions:

(ix) ensure that the Legal cum Probation Officer in the District Child Protection Unit and the State or District Legal Aid Services Authority extends free legal services to a child; and

(x) deploy, if necessary, the services of student volunteers or non-governmental organisation volunteers for para-legal and other tasks such as contacting the parents of child in conflict with law and collecting relevant social and rehabilitative information about the child.

CHAPTER III

PROCEDURE IN RELATION TO CHILDREN IN CONFLICT WITH LAW

Rule - 8. Pre-Production action of Police and other Agencies.-

(1) No First Information Report shall be registered except where a heinous offence is alleged to have been committed by the child, or when such offence is alleged to have been committed jointly with adults. In all other matters, the Special Juvenile Police Unit or the Child Welfare Police Officer shall record the information regarding the offence alleged to have been committed by the child in the general daily diary followed by a social background report of the child in Form 1 and circumstances under which the child was apprehended, wherever applicable, and forward it to the Board before the first hearing:

Provided that the power to apprehend shall only be exercised with regard to heinous offences, unless it is in the best interest of the child. For all other cases involving petty and serious offences and cases where apprehending the child is not necessary in the interest of the child, the police or Special Juvenile Police Unit or Child Welfare Police Officer shall forward the information regarding the nature of offence alleged to be committed by the child along with his social background report in Form 1 to the Board and intimate the parents or guardian of the child as to when the child is to be produced for hearing before the Board.

(2) When a child alleged to be in conflict with law is apprehended by the police, the police officer concerned shall place the child under the charge of the Special Juvenile Police Unit or the Child Welfare Police Officer, who shall immediately inform:

(i) the parents or guardian of the child that the child has been apprehended along with the address of the Board where the child will be produced and the date and time when the parents or guardian need to be present before the Board;

(ii) the Probation Officer concerned, that the child has been apprehended so as to enable him to obtain information regarding social background of the child and other material circumstances likely to be of assistance to the Board for conducting the inquiry; and

(iii) a Child Welfare Officer or a Case Worker, to accompany the Special Juvenile Police Unit or Child Welfare Police Officer while producing the child before the Board within twenty- four hours of his apprehension.

(3) The police officer apprehending a child alleged to be in conflict with law shall:

(i) not send the child to a police lock-up and not delay the child being transferred to the Child Welfare Police Officer from the nearest police station. The police officer may under sub-section (2) of section 12 of the Act send the person apprehended to an observation home only for such period till he is produced before the Board i.e. within twenty-four hours of his being apprehended and appropriate orders are obtained as per rule 9 of these rules;

(ii) not hand-cuff, chain or otherwise fetter a child and shall not use any coercion or force on the child;

(iii) inform the child promptly and directly of the charges levelled against him through his parent or guardian and if a First Information Report is registered, copy of the same shall be made available to the child or copy of the police report shall be given to the parent or guardian;

(iv) provide appropriate medical assistance, assistance of interpreter or a special educator, or any other assistance which the child may require, as the case may be;

(v) not compel the child to confess his guilt and he shall be interviewed only at the Special Juvenile Police Unit or at a child-friendly premises or at a child friendly corner in the police station, which does not give the feel of a police station or of being under custodial interrogation. The parent or guardian, and in their absence, Probation Officer or Social Worker or a lawyer provided by the District Legal Service Authority or any person nominated by the Board may be present during the interview of the child by the police;

(vi) not ask the child to sign any statement; and

(vii) inform the District Legal Services Authority for providing free legal aid to the child.

(4) The Child Welfare Police Officer shall be in plain clothes and not in uniform.

(5) The Child Welfare Police Officer shall record the social background of the child and circumstances of apprehending in every case of alleged involvement of the child in an offence in Form 1 which shall be forwarded to the Board forthwith. For gathering the best available information, it shall be necessary upon the Special Juvenile Police Unit or the Child Welfare Police Officer to contact the parent or guardian of the child.

(6) A list of all designated Child Welfare Police Officers, Child Welfare Officers, Probation Officers, Para Legal Volunteers, District Legal Services Authorities and registered voluntary and non-governmental organisations in a district, Principal Magistrate and members of the Board, members of Special Juvenile Police Unit and Childline Services with contact details shall be prominently displayed in every police station.

(7) When the child is released in a case where apprehending of the child is not warranted, the parents or guardians or a fit person in whose custody the child alleged to be in conflict with law is placed in the best interest of the child, shall furnish an undertaking on a non-judicial paper in Form 2 to ensure their presence on the dates during inquiry or proceedings before the Board.

(8) The State Government shall maintain a panel of voluntary or non-governmental organisations or persons who are in a position to provide the services of probation, counselling, case work and also associate with the Police or Special Juvenile Police Unit or the Child Welfare Police Officer, and have the requisite expertise to assist in physical production of the child before the Board within twenty-four hours and during pendency of the proceedings and the panel of such voluntary or non-governmental organisations or persons shall be forwarded to the Board.

(9) The State Government shall provide funds to the police or Special Juvenile Police Unit or the Child Welfare Police Officer or Case Worker or person for the safety and protection of children and provision of food and basic amenities including travel cost and emergency medical care to the child apprehended or kept under their charge during the period such children are with them.

Rule - 9. Production of the child alleged to be in conflict with law before the Board.-

(1) When the child alleged to be in conflict with law is apprehended, he shall be produced before the Board within twenty-four hours of his being apprehended, along with a report explaining the reasons for the child being apprehended by the police.

(2) On production of the child before the Board, the Board may pass orders as deemed necessary, including sending the child to an observation home or a place of safety or a fit facility or a fit person.

(3) Where the child produced before the Board is covered under section 83 of the Act, including a child who has surrendered, the Board may, after due inquiry and being satisfied of the circumstances of the child, transfer the child to the Committee as a child in need of care and protection for necessary action, and or pass appropriate directions for rehabilitation, including orders for safe custody and protection of the child and transfer to a fit facility recognised for the purpose which shall have the capacity to provide appropriate protection, and consider transferring the child out of the district or out of the State to another State for the protection and safety of the child.

(4) Where the child alleged to be in conflict with law has not been apprehended and the information in this regard is forwarded by the police or Special Juvenile Police Unit or Child Welfare Police Officer to the Board, the Board shall require the child to appear before it at the earliest so that measures for rehabilitation, where necessary, can be initiated, though the final report may be filed subsequently.

(5) In case the Board is not sitting, the child alleged to be in conflict with law shall be produced before a single member of the Board under sub-section (2) of section 7 of the Act.

(6) In case the child alleged to be in conflict with law cannot be produced before the Board or even a single member of the Board due to child being apprehended during odd hours or distance, the child shall be kept by the Child Welfare Police Officer in the Observation Home in accordance with rule 69 D of these rules or in a fit facility and the child shall be produced before the Board thereafter, within twenty-four hours of apprehending the child.

(7) When a child is produced before an individual member of the Board, and an order is obtained, such order shall be ratified by the Board in its next meeting.

Rule - 10. Post-production processes by the Board.-

(1) On production of the child before the Board, the report containing the social background of the child, circumstances of apprehending the child and offence alleged to have been committed by the child as provided by the officers, individuals, agencies producing the child shall be reviewed by the Board and the Board may pass such orders in relation to the child as it deems fit, including orders under sections 17 and 18 of the Act, namely:

(i) disposing of the case, if on the consideration of the documents and record submitted at the time of his first appearance, his being in conflict with law appears to be unfounded or where the child is alleged to be involved in petty offences;

(ii) referring the child to the Committee where it appears to the Board that the child is in need of care and protection;

(iii) releasing the child in the supervision or custody of fit persons or fit institutions or Probation Officers as the case may be, through an order in Form 3, with a direction to appear or present a child for an inquiry on the next date; and

(iv) directing the child to be kept in the Child Care Institution, as appropriate, if necessary, pending inquiry as per order in Form 4.

(2) In all cases of release pending inquiry, the Board shall notify the next date of hearing, not later than fifteen days of the first summary inquiry and also seek social investigation report from the Probation Officer, or in case a Probation Officer is not available the Child Welfare Officer or social worker concerned through an order in Form 5.

(3) When the child alleged to be in conflict with law, after being admitted to bail, fails to appear before the Board, on the date fixed for hearing, and no application is moved for exemption on his behalf or there is not sufficient reason for granting him exemption, the Board shall, issue to the Child Welfare Police Officer and the Person-in-charge of the Police Station directions for the production of the child.

(4) If the Child Welfare Police Officer fails to produce the child before the Board even after the issuance of the directions for production of the child, the Board shall instead of issuing process under section 82 of the Code of Criminal Procedure, 1973 pass orders as appropriate under section 26 of the Act.

(5) In cases of heinous offences alleged to have been committed by a child, who has completed the age of sixteen years, the Child Welfare Police Officer shall produce the statement of witnesses recorded by him and other documents prepared during the course of investigation within a period of one month from the date of first production of the child before the Board, a copy of which shall also be given to the child or parent or guardian of the child.

(6) In cases of petty or serious offences, the final report shall be filed before the Board at the earliest and in any case not beyond the period of two months from the date of information to the police, except in those cases where it was not reasonably known that the person involved in the offence was a child, in which case extension of time may be granted by the Board for filing the final report.

(7) When witnesses are produced for examination in an inquiry relating to a child alleged to be in conflict with law, the Board shall ensure that the inquiry is not conducted in the spirit of strict adversarial proceedings and it shall use the powers conferred by section 165 of the Indian Evidence Act, 1872 (1 of 1872) so as to interrogate the child and proceed with the presumptions in favour of the child.

(8) While examining a child alleged to be in conflict with law and recording his statement during the inquiry under section 14 of the Act, the Board shall address the child in a child-friendly manner in order to put the child at ease and to encourage him to state the facts and circumstances without any fear, not only in respect of the offence which has been alleged against the child, but also in respect of the home and social surroundings, and the influence or the offences to which the child might have been subjected to.

(9) The Board shall take into account the report containing circumstances of apprehending the child and the offence alleged to have been committed by him and the social investigation report in Form 6 prepared by the Probation Officer or the voluntary or non- governmental organisation, along with the evidence produced by the parties for arriving at a conclusion.

Rule - 10 A. Preliminary assessment into heinous offences by Board.-

(1) The Board shall in the first instance determine whether the child is of sixteen years of age or above; if not, it shall proceed as per provisions of section 14 of the Act.

(2) For the purpose of conducting a preliminary assessment in case of heinous offences, the Board may take the assistance of psychologists or psycho-social workers or other experts who have experience of working with children in difficult circumstances. A panel of such experts may be made available by the District Child Protection Unit, whose assistance can be taken by the Board or could be accessed independently.

(3) While making the preliminary assessment, the child shall be presumed to be innocent unless proved otherwise.

(4) Where the Board, after preliminary assessment under section 15 of the Act, passes an order that there is a need for trial of the said child as an adult, it shall assign reasons for the same and the copy of the order shall be provided to the child forthwith.

Rule - 11. Completion of Inquiry-

(1) Where after preliminary assessment under section 15 of the Act, in cases of heinous offences allegedly committed by a child, the Board decides to dispose of the matter, the Board may pass any of the dispositional orders as specified in section 18 of the Act.

(2) Before passing an order, the Board shall obtain a social investigation report in Form 6 prepared by the Probation Officer or Child Welfare Officer or social worker as ordered, and take the findings of the report into account.

(3) All dispositional orders passed by the Board shall necessarily include an individual care plan in Form 7 for the child in conflict with law concerned, prepared by a Probation Officer or Child Welfare Officer or a recognised voluntary organisation on the basis of interaction with the child and his family, where possible.

(4) Where the Board is satisfied that it is neither in the interest of the child himself nor in the interest of other children to keep a child in the special home, the Board may order the child to be kept in a place of safety and in a manner considered appropriate by it.

(5) Where the Board decides to release the child after advice or admonition or after participation in group counselling or orders him to perform community service, necessary direction may also be issued by the Board to the District Child Protection Unit for arranging such counselling and community service.

(6) Where the Board decides to release the child in conflict with law on probation and place him under the care of the parent or the guardian or fit person, the person in whose custody the child is released may be required to submit a written undertaking in Form 8 for good behaviour and well-being of the child for a maximum period of three years.

(7) The Board may order the release of a child in conflict with law on execution of a personal bond without surety in Form 9.

(8) In the event of placement of the child in a fit facility or special home, the Board shall consider that the fit facility or special home is located nearest to the place of residence of the child?s parent or guardian, except where it is not in the best interest of the child to do so.

(9) The Board, where it releases a child on probation and places him under the care of parent or guardian or fit person or where the child is released on probation and placed under the care of fit facility, it may also order that the child be placed under the supervision of a Probation Officer who shall submit periodic reports in Form 10 and the period of such supervision shall be maximum of three years.

(10) Where it appears to the Board that the child has not complied with the probation conditions, it may order the child to be produced before it and may send the child to a special home or place of safety for the remaining period of supervision.

(11) In no case, the period of stay in the special home or the place of safety shall exceed the maximum period provided in clause (g) of sub-section (1) of section 18 of the Act.

Rule - 12. Pendency of Inquiry.-

(1) For the purpose of sub-section (3) of section 16 of the Act, the Board shall maintain a 'Case Monitoring Sheet' of every case and every child in Form 11. The said Form shall be kept at the top of each case file and shall be updated from time to time. The following points shall be considered so far as ?progress of inquiry? mentioned in Form 11 is concerned:

(2) time schedule for disposal of the case shall be fixed on the first date of hearing;

(3) scheduled date given in column No. (2) of ?progress of inquiry' shall be the outer limit within which the steps indicated in column (1) are to be completed.

(4) The Board shall submit a quarterly report in Form 12 about the pendency of the cases, visits to Homes etc. to the following:

(5) Chief Judicial Magistrate or Chief Metropolitan Magistrate;

(6) District Magistrate.

(7) The District Judge shall conduct an inspection of the Board once every quarter and appraise the performance of the members of the Board on the basis of their participation in the proceedings of the Board and submit a report to the Selection Committee constituted under rule 87 and to the High level Committee constituted under sub-rule (2) of rule 16 of these rules.

Rule - 13. Procedure in relation to Children?s Court and Monitoring Authorities.-

(1) Upon receipt of preliminary assessment from the Board the Children?s Court may decide whether there is need for trial of the child as an adult or as a child and pass appropriate orders.

(2) Where an appeal has been filed under sub-section (1) of section 101 of the Act against the order of the Board declaring the age of the child, the Children?s Court shall first decide the said appeal.

(3) Where an appeal has been filed under sub-section (2) of section 101 of the Act against the finding of the preliminary assessment done by the Board, the Children?s Court shall first decide the appeal.

(4) Where the appeal under sub-section (2) of section 101 of the Act is disposed of by the Children?s Court on a finding that there is no need for trial of the child as an adult, it shall dispose of the same as per section 19 of the Act and these rules.

(5) Where the appeal under sub-section (2) of section 101 of the Act is disposed of by the Children?s Court on a finding that the child should be tried as an adult the Children?s Court shall call for the file of the case from the Board and dispose of the matter as per the provisions of the Act and these rules.

(6) The Children?s Court shall record its reasons while arriving at a conclusion whether the child is to be treated as an adult or as a child.

(7) Where the Children?s Court decides that there is no need for trial of the child as an adult, and that it shall decide the matter itself:

(i) It may conduct the inquiry as if it were functioning as a Board and dispose of the matter in accordance with the provisions of the Act and these rules.

(ii) The Children?s Court, while conducting the inquiry shall follow the procedure for trial in summons case under the Code of Criminal Procedure, 1973.

(iii) The proceedings shall be conducted in camera and in a child friendly atmosphere, and there shall be no joint trial of a child alleged to be in conflict with law, with a person who is not a child.

(iv) When witnesses are produced for examination the Children?s Court shall ensure that the inquiry is not conducted in the spirit of strict adversarial proceedings and it shall use the powers conferred by section 165 of the Indian Evidence Act, 1872 (1 of 1872).

(v) While examining a child in conflict with law and recording his statement, the Children?s Court shall address the child in a child-friendly manner in order to put the child at ease and to encourage him to state the facts and circumstances without any fear, not only in respect of the offence which is alleged against the child, but also in respect of the home and social surroundings and the influence to which the child might have been subjected.

(vi) The dispositional order passed by the Children?s Court shall necessarily include an individual care plan in Form 7 for the child in conflict with law concerned, prepared by a Probation Officer or Child Welfare Officer or recognized voluntary organisation on the basis of interaction with the child and his family, where possible.

(vii) The Children?s Court, in such cases, may pass any orders as provided in sub-sections (1) and (2) of section 18 of the Act.

(8) Where the Children?s Court decides that there is a need for trial of the child as an adult:

(i) It shall follow the procedure prescribed by the Code of Criminal Procedure, 1973 of trial by sessions and maintaining a child friendly atmosphere.

(ii) The final order passed by the Children?s Court shall necessarily include an individual care plan for the child as per Form 7 prepared by a Probation Officer or Child Welfare Officer or recognized voluntary organisation on the basis of interaction with the child and his family, where possible.

(iii) Where the child has been found to be involved in the offence, the child may be sent to a place of safety till the age of twenty-one years.

(iv) While the child remains at the place of safety, there shall be yearly review by the Probation Officer or the District Child Protection Unit or a social worker in Form 13 to evaluate the progress of the child and the reports shall be forwarded to the Children?s Court.

(v) The Children?s Court may also direct the child to be produced before it periodically and at least once every three months for the purpose of assessing the progress made by the child and the facilities provided by the institution for the implementation of the individual care plan.

(vi) When the child attains the age of twenty-one years and is yet to complete the term of stay, the Children?s Court shall:

(vii) interact with the child in order to evaluate whether the child has undergone reformative changes and if the child can be a contributing member of the society.

(viii) take into account the periodic reports of the progress of the child, prepared by the Probation Officer or the District Child Protection Unit or a social worker, if needed and further direct that institutional mechanism if inadequate be strengthened.

(ix) After making the evaluation, the Children?s Court may decide to:

(x) release the child forthwith;

(xi) release the child on execution of a personal bond with or without sureties for good behaviour;

(xii) release the child and issue directions regarding education, vocational training, apprenticeship, employment, counselling and other therapeutic interventions with a view to promoting adaptive and positive behaviour etc.;

(xiii) release the child and appoint a monitoring authority for the remainder of the prescribed term of stay. The monitoring authority, where appointed shall maintain a Rehabilitation Card for the child in Form 14.

(xiv) For the purpose of sub-rule (vi) (c) (cd) of this rule:

(xv) A Probation Officer or Case Worker or Child Welfare Officer or a fit person may be appointed as a monitoring authority.

(xvi) The District Child Protection Unit shall maintain a list of such persons who can be engaged as monitoring authorities which shall be sent to the Children?s Court along with bi-annual updates.

(xvii) The child shall for the first quarter after release, meet with the monitoring authority on a fortnightly basis or at such intervals as may be directed by the Children?s Court. The monitoring authority shall fix a time and venue for such meetings in consultation with the child. The monitoring authority will forward its observations on the progress of the child on a monthly basis to the Children?s Court.

(xviii) At the end of the first quarter the monitoring authority shall make recommendations regarding the further follow up procedure required for the child.

(xix) Where the child, after release is found to be indulging in criminal activities or associating with people with criminal antecedents, he shall be brought before the Children?s Court for further orders.

(xx) If it is found that the child no longer requires to be monitored, the monitoring authority shall place the detailed report with recommendations before the Children?s Court which shall issue further directions either terminating the monitoring or for its continuation.

(xxi) After the first quarter, the child shall meet the monitoring authority at such intervals as may be directed by the Children?s Court based on the recommendations made by the monitoring authority at the end of the first quarter and the monitoring authority shall forward its report to the Children?s Court which shall review the same every quarter.

Rule - 14. Destruction of records.-

The records of conviction in respect of a child in conflict with law shall be kept in safe custody till the expiry of the period of appeal or for a period of seven years, and no longer, and thereafter be destroyed by the Person-in-charge or Board or Children?s Court, as the case may be:

Provided that in case of a heinous offence where the child is found to be in conflict with law under clause (i) of sub-section (1) of section 19 of the Act, the relevant records of conviction of such child shall be retained by the Children?s Court.

CHAPTER IV

CHILD WELFARE COMMITTEE

Rule - 15. Composition and Qualifications of Members of the Committee.-

(1) There shall be one or more Committees in each district to be constituted by the State Government through a notification in the Official Gazette.

(2) The Committee shall consist of a Chairperson and four other members including at least two women from the district concerned for which the Committee has been constituted, and out of the five members including Chairperson, at least one member shall be from SC/ST and one from EBC/OBC communities.

(3) The Chairperson and members of the Committee shall be appointed by the State Government on the recommendation of the Selection Committee under rule 87 of these rules.

(4) The Chairperson and the members shall be above the age of thirty-five years and not more than sixty five years and shall have following qualifications:-

(i) post-graduate degree in any discipline and having at least seven years of experience of working with children in the field of education, health, welfare or protection activities; or a practicing professional with a post-graduate degree in psychology or psychiatry or sociology or in the field of law with at least 5 years of experience or a retired judicial officer or a retired Gazetted officer from the Department of the State Government concerning children?s development, health, protection and education.

(ii) in the absence of candidates possessing eligibility criteria mentioned in clause (I) of the sub-rule (3) as aforementioned, the following may be considered-

(iv) graduate in, any discipline along with diploma or certificate in child protection/counselling/child development/child rights/ human rights/women studies/criminology/ anti human trafficking/health or public health/mental health and having at least five years of experience of working with children in the field of education, health, welfare or protection activities.

(5) Not more than two member selected for a committee shall be from same fields of practice or profession or academic qualification.

(6) A member of the Committee shall be eligible for appointment of maximum of two terms, which shall not be continuous.

Explanation: For the purpose of counting number of terms a person who, in the period preceding the date of these rules coming into force, has been notified as a member of Chairperson on the Committee, and has served as such for a period that sums up to more than a year would be deemed to have served one term.

(7) All persons, on selection shall mandatorily be given training under rule 89 within a period of sixty days from the date of appointment.

(8) The Chairperson and the members may resign at any time by giving one month's notice in writing to the State Government.

(9) Any vacancy in the Committee shall be filled by appointment of another person from the panel of names prepared by the Selection Committee.

Rule - 16. Rules and Procedures of Committee.-

(1) The Chairperson and members of the Committee shall be paid such sitting allowance, travel allowance and any other allowance, as the State Government may prescribe but not less than Rs.1500 /- per sitting based on the number of sitting entered in the register maintained for recording attendance.

(2) A visit to an existing Child Care Institution by the Committee or participating in a training organised by or through the District Child Protection Unit or State Child Protection Society or Social Welfare Department of the State Government or Central Government shall be considered as a sitting of the Committee for the purpose of payment of honorarium after a report is duly submitted to the District Child Protection Unit by the member is this regard.

(3) The Committee shall hold its sittings in the premises of a children?s home or, at a place in proximity to the children?s home or, at a suitable premises in any institution run under the Act for children in need of care and protection.

(4) The Committee shall ensure that no person(s) un-connected with the case remains present in the room when the session is in progress.

(5) The Committee shall ensure that only those person(s), in the presence of whom the child feels comfortable, shall be allowed to remain present during the sitting.

(6) At least one member of the Committee shall always be available or accessible to take cognizance of any matter of emergency and issue necessary directions to the Special Juvenile Police Unit or local police of the district. For this purpose the Chairperson of the Committee shall draw up a monthly duty roster of the Committee members who shall be available and accessible every day, including on Sundays and holidays. The roster shall be circulated in advance to all the police stations, the Chief Judicial Magistrate/Chief Metropolitan Magistrate, the District Judge, the District Magistrate, the Board, the District Child Protection Unit and the Special Juvenile Police Unit.

(7) The Committee shall sit on all working days for a minimum of six hours commensurate with the working hours of a magistrate court, unless the case pendency is less in a particular district and the State Government concerned issues an order in this regard:

Provided that the State Government may, by notification in the Official Gazette constitute more than one Committee in a district after giving due consideration to the pendency of the cases, area or terrain of the district, population density or any other consideration.

(8) On receiving information about a child or children in need of care and protection, who cannot be produced before the Committee, the Committee shall reach out to the child or children and hold its sitting at a place that is convenient for such child or children or in the child care institution where the child has been kept.

(9) While communicating with the child, the Committee members shall use child friendly techniques through their conduct.

(10) The Committee shall hold its sittings in a child-friendly premises which shall not look like a court room in any manner and the sitting arrangement should be such to enable the Committee to interact with the child face to face.

(11) The Committee shall not sit on a raised platform and there shall be no barriers, such as witness boxes or bars between the Committee and the children

(12) The Committee shall be provided infrastructure and staff by the State Government.

(13) The quorum for Committee?s Sittings shall be not less than three members. Under the circumstances where the quorum is affected because of completion of the term of a social worker member or members, as the case may be, the term of such member or members, may be extended for further six months, whichever is earlier.

(14) The Chairperson or member of the Committee, who relinquishes his office on account of completion of the term or resignation or termination or for any other reason, shall handover all he reports, records, case files, letters and all other documents related to children?s cases maintained by the Committee in his possession to an officer nominated by the District Child Protection Unit. The Child Protection Officer or any other officer nominated by the District Child Protection Unit shall be the custodian of records, case files, registers, letters and all other documents related to children?s cases maintained by the Committee.

Explanation- The custodian of the records implies keeping the records, case files, registers, letters and all other documents related to children's cases or Committee at a safe place in the premise of the designated CWC.

Rule - 17. Additional Functions and Responsibilities of the Committee.-

In addition to the functions and responsibilities of the Committee under section 30 of the Act, the Committee shall perform the following functions to achieve the objectives of the Act, namely:

(i) document and maintain detailed case record along with a case summary of every case dealt by the Committee in Form 15;

(ii) maintain a suggestion box or grievance redressal box at a prominent place in the premises of the Committee to encourage inputs from children and adults alike which shall be operated by the District Magistrate or his nominee;

(iii) ensure smooth functioning of Children?s Committees in the Child Care Institutions for children in need of care and protection within its jurisdiction, for realising children?s participation in the affairs and management of the said Child Care Institutions;

(iv) review the Children's Suggestion Book at least once a month and recommend appropriate actions;

(v) send quarterly information in Form 16 about children in need of care and protection received by it to the District Magistrate with all relevant details on nature of disposal of cases, pending cases and reasons for such pendency; and also periodically upload information on the portal developed by the State Government and/or central government for this purpose;

(vi) wherever required, issue rehabilitation card in Form 14 to children in need of care and protection to monitor their progress;

(vii) inform the District Child Protection Unit by marking a copy of the final order to the District Child Protection Unit after a case is finally disposed of;

(viii) maintain the following records in a register:

(ix) entries of the cases listed in a day and next date and the Committee shall prepare a daily cause list of the cases before it;

(x) entries and particulars of children brought before the Committee and details of the Child Care Institution where the children are placed or the address where the children are sent;

(xi) execution of bonds;

(xii) movement including visits to institutions;

(xiii) children declared legally free for adoption;

(xiv) children recommended for or placed in sponsorship;

(xv) children placed in individual or group foster care;

(xvi) children transferred to or received from another Committee;

(xvii) children for whom follow up is to be done;

(xviii) children placed in after care;

(xix) inspection record of the Committee;

(xx) record of Minutes of the meetings of the Committee;

(xxi) correspondence received and sent;

(xxii) any other record or register which the Committee may require.

(xxiii) All information listed in clause (vii) of this rule may be digitised and a software may be developed by the State Government.

CHAPTER V

PROCEDURE IN RELATION TO CHILDREN IN NEED OF CARE AND PROTECTION

Rule - 18. Production before the Committee.-

(1) Any child in need of care and protection shall be produced before the Committee during the working hours at its place of sitting and beyond working hours before the member as per the duty roster:

Provided that where the child cannot be produced before the Committee, the Committee shall reach out to the child where the child is located.

(2) Whoever produces the child before the Committee shall make a report in Form 17 containing the particulars of the child as well as the circumstances in which the child was received or found, shall be prepared by the person producing the child, except when such child is produced by the member of a public, in which case, the details of such person shall be entered in Form 17 by the Case Worker or Child Welfare Officer or Counsellor or a person nominated by the Committee, and in their absence by any member of the Committee.

(3) In case of a child less than two years of age, who is medically unfit, the person or the organisation who comes in contact with the child in need of care and protection shall send a written report along with the photograph of the child to the Committee within twenty-four hours and produce the child before the Committee as soon as the child is medically fit along with a medical certificate to that effect and in such case the Committee shall make an outreach to the child either itself or through the District Child Protection Unit.

(4) The Committee after interaction with the child may issue directions for placing the child with the parent or guardian or Children?s Home, where such Home is available in the vicinity of the Committee before which the child is produced, and in the absence of such Home, to direct the placing of the child in safe custody of a fit person or a fit facility for a maximum period of 24 hours, and direct the District Child Protection Unit to transfer the child to the nearest child care institution.

(5) The Committee or the member on duty shall issue the order for placing the child in Children?s Home in Form 18.

(6) The Committee or the member on duty shall order immediate medical examination of the child produced before the Committee or the member on duty, through the child care institution or the District Child Protection Unit, if such examination is needed.

(7) In the case of abandoned or lost or orphaned child, the Committee, before passing an order granting interim custody of the child pending inquiry, shall see that, the information regarding such child is uploaded on a designated portal developed by the Central and/or State Government.

(8) The Committee may, while making an order in Form 19 for placing a child under the care of a parent, guardian or fit person, pending inquiry or at the time of restoration, as the case may be, direct such parent, guardian or fit person to enter into an undertaking in Form 20.

(9) Whenever the Committee orders a child to be kept in an institution, it shall forward to the Person-in-charge of such institution, a copy of the order of short term placement pending inquiry in Form 18 with particulars of the Child Care Institution and parents or guardian and previous record. A copy of such order shall also be forwarded to the District Child Protection Unit.

Rule - 19. Procedure for inquiry.-

(1) The Committee shall inquire into the circumstances under which the child is produced and accordingly declare such child to be a child in need of care and protection.

(2) The Committee shall, prima facie determine the age of the child in order to ascertain its jurisdiction, pending further inquiry as per section 94 of the Act, if need be.

(3) When a child is brought before the Committee, the Committee shall assign the case to a social worker or Case Worker or Child Welfare Officer or to any recognised non-governmental organisation for conducting the social investigation under sub-section (2) of section 36 of the Act through an order in Form 21.

(4) The Committee shall direct the person or organisation concerned to develop an individual care plan in Form 7 including a suitable rehabilitation plan. The individual care plan prepared for every child in the institutional care shall be developed with the ultimate aim of the child being rehabilitated and re-integrated based on the case history, circumstances and individual needs of the child and shall be uploaded on a designated portal developed by the Central and/or State Government.

(5) The inquiry shall satisfy the basic principles of natural justice and shall ensure the informed participation of the child and the parent or guardian. The child shall be given an opportunity to be heard and his opinion shall be taken into consideration with due regard to his age and level of maturity. The orders of the Committee shall be in writing and contain reasons.

(6) The Committee shall interview the child sensitively and in a child friendly manner and will not use adversarial or accusatory words or words that adversely impact the dignity or self-esteem of the child.

(7) The Committee shall satisfy itself through documents and verification reports, before releasing or restoring the child, as per Form 19, in the best interest of the child.

(8) The social investigation conducted by a social worker or Case Worker or Child Welfare Officer of the institution or any non-governmental organisation shall be as per Form 22 and must provide an assessment of the family situation of the child in detail, and explain in writing whether it will be in the best interest of the child to restore him to his family.

(9) Before the Committee releases or restores the child, both the child as well as the parents or guardians may be referred to the Counsellor.

(10) The Committee shall maintain proper records of the children produced before it including medical reports, social investigation report, any other report(s) and orders passed by the Committee in regard to the child.

(11) In all cases pending inquiry, the Committee shall notify the next date of appearance of the child not later than fifteen days of the previous date and also seek periodic status report from the social worker or Case Worker or Child Welfare Officer conducting investigation on each such date.

(12) In all cases pending inquiry, the Committee shall direct the person or institution with whom the child is placed to take steps for rehabilitation of the child including education, vocational training, etc., from the date of first production of the child itself.

(13) Any decision taken by an individual member, when the Committee is not sitting, shall be ratified by the Committee in its next sitting.

(14) At the time of final disposal of a case, there shall be at least three members present including the Chairperson, and in the absence of Chairperson, a member so nominated by the Chairperson to act as such.

(15) The Committee shall function cohesively as a single body and as such shall not form any subcommittees.

(16) Where a child has to be sent or repatriated to another district or state or country the Committee shall direct the District Child Protection Unit to take necessary permission as may be required, such as approaching the Foreigners Regional Registration Offices and Ministry of External Affairs for a no-objection certificate, contacting the counterpart Committee, or any other voluntary organisation in the other district or state or country where the child is to be sent.

(17) At the time of final disposal of the case, the Committee shall incorporate in the order of disposal, an individual care plan in Form 7 of such child prepared by the social worker or Case Worker or Child Welfare Officer of the institution or any non-governmental organisation, as the case may be.

(18) While finally disposing of the case, the Committee shall give a date for follow-up of the child not later than one month from the date of disposal of the case and thereafter once every month for the period of first six months and thereafter every three months for a minimum of one year or till such time as the Committee deems fit.

(19) Where the child belongs to a different district, the Committee shall forward the age declaration, case file and the individual care plan to the Committee of the district concerned which shall likewise followup the individual care plan as if it had passed such disposal order.

(20) The individual care plan shall be monitored by means of a rehabilitation card in Form 14 issued for the purpose by the Committee passing the disposal order and which shall form part of the record of the Committee which follow up the implementation of the individual care plan. Such rehabilitation card shall be maintained by the Rehabilitation- cum -Placement Officer.

(21) All orders passed by the Committee in respect of a child in need of care and protection shall also be uploaded on the designated portal with due regard to the confidentiality and privacy of the child.

(22) When a parent or guardian, wishes to surrender a child under sub-section (1) of section 35 of the Act, such parent or guardian shall make an application to the Committee in Form 23. Where such parent or guardian is unable to make an application due to illiteracy or any other reason, the Committee shall facilitate the same through the Legal Aid Counsel provided by the Legal Services Authority, the deed of surrender shall be executed as per Form 24.

(23) The inquiry under sub-section 3 of section 35 of the Act shall be concluded by the Committee expeditiously and the Committee shall declare the surrendered child as legally free for adoption after the expiry of sixty days from the date of surrender.

(24) In case of orphan or abandoned child, the Committee shall make all efforts for tracing the parents or guardians of the child and on completion of such inquiry, if it is established that the child is either an orphan having no one to take care, or abandoned, the Committee shall declare the child legally free for adoption.

(25) In case an abandoned or orphan child is received by a Child Care Institution including a Specialised Adoption Agency, such a child shall be produced before the Committee within twenty-four hours (excluding the time necessary for the journey) along with a report in Form 17 containing the particulars and photograph of the child as well as the circumstances in which the child was received by it and a copy of such report shall also be submitted by the Child Care Institution or a Specialised Adoption Agency to the local police station within the same period.

(26) The Committee shall issue an order in Form 18 for short term placement and interim care of the child, pending inquiry under section 36 of the Act.

(27) The Committee shall use the designated portal to ascertain whether the abandoned child or orphan child is a missing child while causing the details of the orphan or the abandoned child to be uploaded.

(28) The Committee, after taking into account the risk factors, and in the best interest of the child, may direct the publication of the particulars and photograph of an orphan or abandoned child in national newspapers with wide circulation within seventy two hours from the time of receiving the child for the purposes of tracing out the biological parents or the legal guardian(s). In case where the child is from other state, the publication shall be done in a newspaper with wide circulation in the known place of origin of the child.

(29) The Committee, after making injury as per the provisions of the Act, the rules hereunder and the procedures laid down in the Adoption Regulations in this regard, shall issue an order in Form 25 declaring the abandoned or orphan child as legally free for adoption within a period of two months in case of a child below two years and within four months if the child is above two years of age, from the date of production of the child before the Committee, and send the same information to the District Child Protection Unit or the State Child Protection Society.

(30) Where the parents of the child are traced, the procedure for restoration of the child shall be as per rule 82 of these rules.

Rule - 20. Pendency of cases.-

(1) The Committee shall maintain a 'Case Monitoring Sheet' of every case and in case there is more than one child in one case, a separate sheet shall be used for each child. The case monitoring sheet shall be in Form 26. The said Form shall be kept at the top of each case file and shall be updated from time to time. The following points shall be considered so far as ?progress of inquiry' mentioned in Form 26 is concerned:

(2) time schedule for disposal of the case should be fixed on the first date of hearing;

(3) scheduled date given in column (2) of ?progress of inquiry' shall be the outer limit within which the steps indicated in column (1) is to be completed.

(4) The Committee shall submit a quarterly report to District Magistrate in Form 16 for review of pendency of cases and shall also submit online monthly/quarterly reports in the prescribed formats on the portal developed by Central or State Government.

(5) The District Magistrate shall review the functioning of the Committee including by inspection once every quarter and also appraise the performance of the Chairperson and the members of the Committee on the basis of their participation in the proceedings of the Committee and submit a report to the Selection Committee constituted under rule 87 of these rules.

CHAPTER VI

REHABILITATION AND SOCIAL RE-INTEGRATION

Rule - 21. Manner of Registration of Child Care Institutions.-

(1) All institutions running institutional care services for children in need of care and protection or children in conflict with law, whether run by the government or voluntary organisation, shall be registered under sub-section (1) of section 41 of the Act, irrespective of being registered or licensed under any other Act for the time being in force.

(2) All such institutions shall make an application in Form 27 together with a copy each of rules, byelaws, memorandum of association, list of governing body, office bearers, list of trustees, balance sheet of preceding three years, statement of past record of social or public service provided by the institution to the State Government and a declaration from the person or the organisation regarding any previous conviction record or involvement in any immoral act or in an act of child abuse or employment of child labour or that it has not been black listed by the Central or State Government;

(3) The State Government shall after verifying that provisions exist in the institution for the care and protection of children, health, education, boarding and lodging facilities, vocational facilities and rehabilitation as per the Act and the rules, may issue a registration certification to such institution under subsection (1) of section 41 of the Act in Form 28.

(4) The State Government, may not grant provisional registration where adequate facilities do not exist in the institution applying for registration and the State Government shall issue an order before the expiry of one month from the date of receipt of the application that the institution is not entitled for even provisional registration.

(5) The State Government, while taking a decision on the application for registration, may consider the following namely:

(i) registration of the organisation under any law for the time being in force;

(ii) details of physical infrastructure, water and electricity facilities, sanitation and hygiene, recreation facilities;

(iii) financial position of the organization and maintenance of documents along with audited statement of accounts for the previous three years;

(iv) resolution of the Governing Body to run the institution or an open shelter;

(v) plan to provide services for children such as medical, vocational, educational, counselling, etc., in case of new applicants and details of such services provided in case of existing institutions ;

(vi) arrangements of safety, security and transportation;

(vii) details of other support services run by the organisation;

(viii) details of linkages and networking with other governmental, non-governmental, corporate and other community based agencies on providing need-based services to children;

(ix) details of existing staff with their qualification and experience;

(x) details of registration under Foreign Contribution Regulation Act and funds available, if any;

(xi) a declaration from the person or the organisation regarding any previous conviction record or involvement in any immoral act or in an act of child abuse or employment of child labour;

(6) The State Government shall conduct a detailed inspection where provisional registration has been granted or review annually after registration under sub-section (1) of section 41 of the Act, of the facilities, staff, infrastructure and compliance with the standards of care, protection, rehabilitation and reintegration services and management of the institution or the organisation as laid down under the Act and the rules.

(7) If the inspection or the annual review reveals that there is unsatisfactory compliance with the standards of care, protection, rehabilitation and reintegration services and management of the institution as laid down under the Act and the rules or the facilities are inadequate, the State Government may, at any time, serve notice on the management of the institution and after giving an opportunity of being heard, declare within a period of sixty days from the date of the detailed inspection or annual review as the case may be, that the registration of the institution or organisation, shall stand withdrawn or cancelled from a date specified in the notice and from the said date, the institution shall cease to be an institution registered under sub-section (1) of section 41of the Act.

(8) When an institution ceases to be an institution registered under the Act or has failed to apply for registration within the time frame laid down in the said provision or has not been granted provisional registration, the said institution shall be managed by the State Government or the children placed therein shall be transferred by the order of the Board or the Committee, to some other institution, registered under sub-section (1) of section 41 of the Act.

(9) All institutions shall be bound to seek renewal of registration three months prior to the expiry of the period of registration and in case of their failure to seek renewal of registration before the expiry of the period of registration of the institution, the institution shall cease to be an institution registered under subsection (1) of section 41 of the Act and provisions of sub-rule (8) of this rule shall apply.

(10) An application for renewal of registration of an institution shall be disposed of within sixty days from the date of receipt of application.

(11) The decision on renewal of registration shall be based on the annual review done in the year in which the renewal is sought.

(12) The Central Government shall facilitate developing a model online system for receipt and processing of applications and grant or cancellation of registration and in the interim the systems existing in the States and Union Territories shall continue.

Rule - 22. Open Shelter.-

(1) The State Government may establish open shelters by itself or through voluntary or non-governmental organisations.

(2) All organisations and persons who wish to establish open shelters or already running open shelters shall, make an application in Form 27 to the State Government for registration.

(3) The applicants shall submit a report of the need for opening such open shelters along with a survey on the status of children indicating the number of children where the open shelter is proposed to be established. After proper police verification and other inquiry as deemed necessary, the organisation or person may be selected for running the open shelter.

(4) The open shelters shall be registered as provided under sub-section (1) of section 41 of the Act in Form 28.

(5) The services provided in the open shelters may include day care and night residential facilities including food, washing facilities and toilets, and any other facility as the State Government may deem fit.

(6) The capacity of an open shelter should be such as to accommodate twenty-five to fifty children at one time and should include a kitchen, dining facilities, bathrooms and toilets, lockers and recreational facilities.

(7) In cases where, the agency in charge of the Open Shelter finds that a child may require more than short term care and protection exceeding twenty- four hours, such child may be produced before the Committee for appropriate further steps.

(8) The open shelter shall not refuse admission to any child in need of care and protection at any time.

(9) Each open shelter shall send monthly information in Form 29 to the District Child Protection Unit and the Committee regarding the children availing the services of the open shelter.

Rule - 23. Foster Care.-

(1) The State Government may place children in need of care and protection in foster care including group foster care through order of the Committee for a short or extended period of time.

(2) The District Child Protection Unit shall be the nodal authority for implementing the foster care programme in a district.

(3) All decisions related to placement of a child in foster care shall be taken by the Committee as per the provisions of the Act, the rules hereunder and the guideline issued in this regard by the Central or State Government. Children in the age group of six years and above may be considered for placement in foster care in the circumstances mentioned in clause (ii), (iii) and (iv) of sub-rule (1) of rule 44 of these rules. Children below six years of age shall be, as far as possible placed in adoption.

(4) Children in need of care and protection who are living in community may also be considered for placement in foster care based on the child study report in Form 31 prepared by the District Child Protection Unit.

(5) The Committee shall take into consideration the individual care plan and the opinion of the child before deciding the nature of foster care with due regard to his age and maturity.The child shall be informed and prepared throughout the process.

(6) Foster care may be for short term or long term depending upon the needs of the child. The duration of short term Foster care shall be for a period of not more than one year.

(7) Long term foster care, shall be for a period exceeding one year. This can be periodically extended by the Committee till the child attains eighteen years of age on the basis of assessment of the compatibility of the child with the foster care parents or in a group foster care setting.

(8) Recognising that every child has the right to grow in a family environment, every attempt shall be made to reunite the child with his biological family, if possible.

(9) The Committee before placing the child in foster care shall obtain a Home Study Report of the foster family through the District Child Protection Unit in Form 30.

(10) Children with special needs may be considered either for placement in foster family or group foster care, provided the Home Study Report of the foster family supports their fitness or group setting has facilities for care of such children.

(11) The number of children placed under group foster care shall not exceed eight children in one unit including biological children of the foster caregiver.

(12) The District Child Protection Unit, while selecting foster family shall consider the following, namely:

(i) both the spouses must be Indian citizens;

(ii) both the spouses must be willing to foster the same child;

(iii) both the spouses must be above the age of thirty-five years and must be in good physical, emotional and mental health;

(iv) ordinarily the foster family should have an income with which they are able to meet the needs of the child;

(v) medical reports of all the members of the foster family residing in the premises should be obtained including reports for Human Immuno Deficiency Virus (HIV), Tuberculosis (TB) and Hepatitis B etc. to determine that they are medically fit; and

(vi) the foster family should have adequate space and basic facilities.

(13) The District Child Protection Unit, while selecting Group foster care setting shall consider the following illustrative criteria:

(i) registration of the group setting under the Act;

(ii) recognition as a fit facility by Committee;

(iii) existence of child protection policy; and

(iv) sufficient space and proper amenities for children.

(14) The process for selection of Foster family or Group foster setting shall be notified by the State Government.

(15) The Committee shall pass the final order in Form 32 for placing the child in foster care, specifying the period for which the child is placed in foster care.

(16) The foster family or group foster care giver shall sign an undertaking for foster-care of the child in Form 33.

(17) The District Child Protection Unit shall maintain a record of each child in foster care in Form 34.

(18) The Committee shall conduct monthly inspection of the foster families or foster care givers in Form 35 to check the well-being of the child.

(19) The foster family or group foster care giver shall:

(i) provide adequate food, clothing and shelter and education;

(ii) provide care, support and treatment for child?s overall physical, emotional and mental health;

(iii) ensure protection from exploitation, maltreatment, harm, neglect and abuse;

(iv) provide age appropriate facilities for recreation, extra-curricular activities such as sports, music, dance, drama, art, etc.;

(v) provide vocational training according to the interests of the child;

(vi) respect the privacy of the child and his biological family or guardian, and acknowledge that any information provided about them is confidential and is not to be disclosed to another party without prior consent;

(vii) provide treatment in emergent situations and inform the Committee and biological family about the same which may pass appropriate orders wherever necessary;

(viii) support contact between the child and his biological family in consultation with the Committee keeping in view the best interest of the child;

(ix) share and discuss the information pertaining to the progress of the child periodically with the Committee and biological family of the child and produce the child before the Committee as and when directed by the Committee; and

(x) ensure that the child?s whereabouts are known at all times, including reporting any changes of address, holiday plans and any episodes of running away of the child to the Committee.

Rule - 24. Sponsorship.-

(1) The State Government shall prepare sponsorship programmes, which may include:

(i) individual to individual sponsorship;

(ii) group sponsorship;

(iii) community sponsorship;

(iv) support to families through sponsorship; and

(v) support to Children Homes and Special Homes

(2) Subject to the guideline developed by the Central or State Government in this regard, the sponsorship programme shall be implemented by the District Child Protection Unit which shall provide a panel of persons or families or organisations interested in sponsoring a child.

(3) The panel will list sponsors according to the area of interest such as education, medical support, nutrition, vocational training etc., and the nature of sponsorship.

(4) The District Child Protection Unit shall forward the panel to the Board or the Committee or the Children?s Court.

(5) The Board or the Committee or the Children?s Court may suomotu, or on an application received in that behalf, consider the placement of a child under sponsorship for which purpose it shall verify from the panel whether a sponsor is available to support such child and pass an order for placement of the child under sponsorship in Form 36.

(6) ?The District Child Protection Unit, in case of individual sponsorship, shall open an account in the name of the child to be operated preferably by the mother. The money shall be transferred directly from the bank account of the District Child Protection Unit to the bank account of the child.

(7) The duration of the sponsorship shall not ordinarily exceed three years.

Rule - 25. After Care of Children Leaving Institutional Care.-

(1) The State Government shall prepare a programme for children who have to leave Child Care Institutions on attaining eighteen years of age by providing for their education, giving them employable skills and placement as well as providing them places for stay to facilitate their re-integration into the mainstream of society.

(2) Any child who leaves a Child Care Institution may be provided after care till the age of twenty-one years on the order of the Committee or the Board or the Children?s Court, as the case may be , as per Form 37 and in exceptional circumstances,for two more years on completing twenty-one years of age .

(3) The District Child Protection Unit shall prepare and maintain a list of organisations, institutions and individuals interested in providing after care as per their area of interest such as education, medical support, nutrition, vocational training etc. and the same shall be forwarded to the Board or the Committee and all Child Care Institutions for their record.

(4) The Probation Officer or the Child Welfare Officer or Case Worker or social worker, shall prepare a post release plan and submit the same to the Board or the Committee, two months before the child is due to leave the Child Care Institution, recommending after care for such child, as per the needs of the child.

(5) The Board or the Committee or the Children?s Court, while monitoring the post release plan will also examine the effectiveness of the aftercare programme, particularly whether it is being utilized for the purpose for which it has been granted and the progress made by the child as a result of such after-care programme.

(6) Children who are placed in after care programme, shall be provided funds by the State Government for their essential expenses; such funds shall be transferred directly to their bank accounts.

(7) The services provided under the after-care programme may include:

(i) community group housing on a temporary basis for groups of six to eight persons or institutional model through recognised voluntary or non-governmental organisation;

(ii) provision of stipend during the course of vocational training or scholarships for higher education and support till the person gets employment;

(iii) arrangements for skill training and placement in commercial establishments through coordination with National Skill Development Programme, Indian Institute for Skill Training and other such Central or State Government programmes and corporates , etc.;

(iv) provision of a counsellor to stay in regular contact with such persons to discuss their rehabilitation plans ;

(v) provision of creative outlets for channelising their energy and to tide over the crisis periods in their lives;

(vi) arrangement of loans and subsidies for persons in after-care, aspiring to set up entrepreneurial activities; and

(vii) encouragement to sustain themselves without State or institutional support.

Rule - 26. Management and Monitoring of Child Care Institutions.-

(1) The personnel strength of a Child Care Institution shall be determined according to the duty, posts, hours of duty and category of children that the staff is meant to cater to.

(2) The staff of the Child Care Institution shall be subject to control and overall supervision of the Person-in-charge who by order, shall determine their specific duties and responsibilities in keeping with the statutory requirements of the Act and these rules.

(3) The number of posts in each category of staff shall be fixed on the basis of capacity of the institution and shall proportionately increase with the increase in the capacity of the institution.

(4) In case of Child Care Institutions housing girls, only female Person-in charge and staff shall be appointed.

(5) Any person associated with a Child Care Institution should not have been convicted of an offence or have been involved in any immoral act or in act of child abuse or employment of child labour or in an offence involving moral turpitude or hold any office in any political party during his tenure.

(6) No person shall be appointed to or work in a Child Care Institution without police verification.

(7) The suggested staffing pattern for an institution with a capacity of 50 children may be as below:

S. No	Personnel/ Staff	Number
1.	Person-in-charge (Superintendent)	1
2.	Probation Officer/Child Welfare Officer/Case Workers (NGOs) *A Child Welfare Officer may be designated as Rehabilitation-cum-Placement Officer	2
3.	Counselor/ Psychologists/mental health expert	1
4.	House Mother/ House Father	1
5.	Educator/ Tutor	1 (Part time)
6.	Medical Officer (Physician)	1 (on call/On deputation)
7.	Para-medical staff/ Staff Nurse	1
8.	Accountant-cum-Store Keeper cum ?data assistant	1
9.	Art & Craft & activity teacher	1 (part time)
10.	PT Instructor-cum-Yoga trainer	1 (Part time)
11.	Cook	1
12.	Helper	1
13.	House keeping	1
14.	Security Guard	As per need
15.	Gardener	1 (Part time)

(8) In case of institutions housing infants, provision for ayahs and paramedical staff shall be made as per need.

(9) The security personnel shall be deployed as per nature and requirement of the Child Care Institution, taking into consideration strength of the children, age groups, physical and mental status, segregation facility based on the nature of offence and structure of the Institution.

(10) The security personnel to be engaged or appointed shall be adequately trained and oriented to deal with the children with sensitivity preferably ex-servicemen or retired para-military personnel or through Director General of Resettlement.

(11) The security personnel shall not be with arms or guns but have training and special skills to handle a crisis situation, control violence and escape of children from the institution, conduct search and frisking and security surveillance.

Rule - 27. Fit Facility.-

(1) The Board or the Committee shall on an application from any institution or organisation run by Government or non-governmental organisation, forwarded by the District Child Protection Unit within fifteen days of receiving the application after proper verification and recommendations, recognise the facility as a fit facility provided the manager of that facility is willing temporarily to receive a child for a specific purpose or for group foster care.

(2) An application in Form 38 for recognition shall be accompanied with a copy each of rules, bye-laws, memorandum of association, list of governing body, office bearers, list of trustees, balance sheet of the preceding three years, statement of past record of social or public service provided by the institution or organisation.

(3) Any facility for recognition as a fit facility shall:

(i) meet the basic standards of care and protection to the child;

(ii) provide basic services to any child placed with it;

(iii) prevent child placed with it to any form of cruelty or exploitation or neglect or abuse of any kind; and

(iv) abide by the orders passed by the Board or the Committee.

(v) comply with the recommendations of the District Child Protection Unit.

(4) The Board or the Committee, after proper inspection and inquiry to ensure that provisions exist in the institution for the care and protection of children with reference to their health, education, boarding and lodging facilities, vocational facilities and rehabilitation as per the rules, and consideration of such other material as may be available, may grant recognition to such institution or organisation as a fit facility in Form 39:

Provided that any person associated with such institution or organisation should not have been convicted of an offence or have been involved in any immoral act or in act of child abuse or employment of child labour or in an offence involving moral turpitude.

(5) The District Child Protection Unit shall submit its report to the Board or Committee within 15 days from receiving the application in this regard and a decision for recognition of an institution or organisation shall be taken by the Board or the Committee within a period of fifteen days from the date of receipt of the report.

(6) The recognition to an institution or an organisation as a fit facility shall be initially for a period of three years which may be renewed for a further period of three years in accordance with sub-rule (4) of this rule.

(7) The Board or the Committee may, if dissatisfied with the standard of care and protection provided, or conditions prevailing in the facility, or the management of the institution or the organisation recognised under the Act or on an adverse report made by an inspection committee appointed under section 54 of the Act, or for any other reason, at any time, by a reasoned order, withdraw the recognition of the institution or the organisation as a fit facility and from the date specified in the order of the Board or the Committee, the institution or the organisation shall cease to be a fit facility recognized under the Act and the rules.

(8) Where the recognition of a fit facility is withdrawn by the Board or the Committee, intimation of the same shall be sent to the Children?s Court, Special Juvenile Police Unit and District Child Protection Unit and the children placed with such an institution or organisation may be placed by the Board or the Committee or the Children?s Court to another fit facility or any other Child Care Institution.

(9) A list of fit facilities approved by the Board or the Committee shall be kept in that office and be sent to the Children?s Court, Special Juvenile Police Unit, the District Child Protection Unit and the State Child Protection Society.

(10) ?An institution or organisation shall be recognised as a fit facility for purposes which may include:

(i) short term care;

(ii) medical care treatment and specialised treatment;

(iii) psychiatric and mental health care;

(iv) de-addiction and rehabilitation;

(v) education;

(vi) vocational training and skill development;

(vii) witness protection; and

(viii) group foster care.

(11) The services to be provided by the fit facility may include:

(i) food, clothing, water, sanitation and hygiene;

(ii) mental health interventions including counselling;

(iii) medical facilities including first aid and to facilitate specialised treatment;

(iv) formal age appropriate education including bridge education and continuing education and life skill education; and

(v) recreation, sports, fine arts and group work activities.

(12) The placement of a child in a fit facility shall be for a period as deemed fit by the Board or the Committee or the Children?s Court.

Rule - 28. Fit Person.-

(1) Any individual who is fit to temporarily receive a child for care, protection or treatment, for a period as may be necessary, may be recognised by the Board or the Committee as a fit person.

(2) The Board or the Committee may identify a panel of persons on the basis of their credentials, respectability, expertise, professional qualifications, experience of dealing with children and their willingness to receive the child and shall recognise them as fit persons for the purposes of the Act:

Provided that such a person should not have been accused of an offence under the Act or have been involved in any immoral act or in act of child abuse or employment of child labour or in an offence involving moral turpitude.

(3) The Board or the Committee may also appoint any person as a fit person on need basis for a child or children after verifying the credentials of such person, and wherever possible, after getting police verification done on such a person .

(4) The Board or the Committee may, if dissatisfied with the standard of care and protection provided or for any other reason, at any time, by a reasoned order withdraw the recognition of the person as a fit person from the date specified in the order of the Board or the Committee.

(5) Where the recognition of a fit person is withdrawn by the Board or the Committee, intimation of the same shall be sent to the Children?s Court, Special Juvenile Police Unit and District Child Protection Unit and the child placed with such a fit person may be placed by the Board or the Committee or the Children?s Court to another fit person or with a fit facility or any Child Care Institution.

(6) A list of fit persons recognised by the Board or the Committee shall be kept in the office of the Board and the Committee and the Children?s Court and be sent to the Special Juvenile Police Unit, the District Child Protection Unit and the State Child Protection Society.

(7) The Board or the Committee or the Children?s Court may place the child with a fit person in cases wherever required, including where the child cannot be sent to a Child Care Institution due to distance and/ or odd time.

(8) The fit person shall:

(9) have the capacity and willingness to receive the child; and

(10) provide basic services for care and protection of the child.

(11) The Board or the Committee or the Children?s Court, depending on the need of the child and in consultation with the fit person shall determine the period for which a child shall remain with the fit person.

(12) The child shall not be placed with a fit person for a period exceeding thirty days and in such cases where the child requires further care, the Committee may consider the placement of the child in foster care or may consider other rehabilitative alternatives for the child.

Rule - 29. Physical infrastructure.-

(1) The accommodation in each institution shall be as per the following criteria, namely:-

(i) Observation Home:

(a) separate observation homes for girls and boys;

(b) classification and segregation of children according to their age group preferably 7-11 years, 12-16 years and 16-18 years, giving due consideration to physical and mental status and the nature of the offence committed.

(ii) Special Home:

(a) separate special homes for girls above the age of 10 years and boys in the age groups of 11 to 15 and 16 to 18 years;

(b) classification and segregation of children on the basis of age and nature of offences and their mental and physical status.

(iii) Place of Safety:

(a) for children in the age group of 16 to18 years alleged to have committed heinous offence pending inquiry;

(b) for children in the age group of 16 to 18 years found to be involved in heinous offence upon completion of inquiry;

(c) for persons above 18 years alleged to have committed offence when they were below the age of 18 years pending inquiry;

(d) for persons above 18 years found to be involved in offence upon completion of inquiry;

(e) for children as per the orders of the Board under clause (g) of sub-section (1) of section 18 of the Act.

(iv) Children?s Home:

(i) separate children?s homes for girls and boys in the age group of 6-18 years;

(ii) separate facilities for children in the age group of 7-11 years, 12-15 years and 16-18 years, giving due consideration to physical and mental status of the children

(iii) The Child Care Institutions shall be child-friendly and in no way shall they look like a jail or lock-up.

(iv) Every Child Care Institution shall keep a copy of the Act and the rules framed by the State Government, and also a copy of the Child Protection Polity developed by the State Child Protection Society, for use by both the staff and children residing therein.

(v) Each Child Care Institution shall have a Management Committee for the management of the institution and monitoring the progress of every child in the home.

(vi) The Child Care Institutions for children in conflict with law and children in need of care and protection shall function from separate premises as per the criteria elaborated.

(vii) The suggested norms for building or accommodation in each institution with 50 children may be as under:

S.No.	Particulars	Specification of area
(i)	2 Dormitories	Each 1000 Sq.ft. for 25 children i.e. 2000 Sq. ft.
(ii)	2 Class rooms	300Sq.ft. for 25 children i.e. 600 Sq. ft.
(iii)	Sickroom/First aid room	75 Sq.ft. per children for 10 i.e. 750 Sq. ft.
(iv)	Kitchen	250 Sq. ft.
(v)	Dining hall	800 Sq. ft.
(vi)	Store	250 Sq.ft.
(vii)	Recreation room	300 Sq.ft.
(viii)	Library	500 Sq.ft.
(ix)	5 Bathroom	25 Sq.ft. each i.e. 125 Sq. ft.
(x)	8 Toilets	25 Sq. ft. i.e. 200 Sq.ft.
(xi)	Office rooms	(a) 300 Sq.ft. (b) Person-in-charge room 200 Sq.ft.
(xii)	Counselling and Guidance room	120 Sq.ft.
(xiii)	Workshop	1125 Sq. ft. for 15 children @ of 75 Sq.ft. per trainee
(xiv)	Residence for Person-in-charge	(a) 2 rooms of 250 Sq.ft. each (b) Kitchen 75 Sq.ft. (b) bathroom cum toilet 50 Sq ft.
(xv)	2 rooms for Juvenile Justice Board or Child Welfare Committee	300 Sq. ft each i.e. 600 Sq.ft.
(xvi)	Playground Sufficient area according to total number of children	Total 8495 Sq.ft.

(viii) The Person-in-charge shall stay within the institution and be provided with quarters and in case he is not able to stay in the Child Care Institution for valid reasons, any other senior staff member of the institution shall stay in the institution and be in a position to supervise the overall care of the children and take decisions in the case of any crisis or emergency.

(ix) There shall be proper and non-slippery flooring for preventing accidents.

(x) There shall be adequate lighting, heating and cooling arrangements, ventilation, safe drinking water, clean and accessible gender and age appropriate and disabled friendly toilets and high walls with barbed wire fencing.

(xi) All institutions under the Act shall:

(xii) make provision of first-aid kit, fire extinguishers in kitchen, recreation room, vocational training room, dormitories, store rooms and counselling room;

(xiii) conduct periodic inspection of electrical installations;

(xiv) ensure proper storage and inspection of articles of food; and

(xv) ensure stand-by arrangements for water storage and emergency lighting.

(xvi) Special infrastructural facilities and necessary equipment shall be provided to differently-abled children. Such facilities and equipment shall be designed under the guidance of specialists or experts.

(xvii) Other logistical and functional requirements which would be provided may include:

(xviii) computer sets;

(xix) photocopiers;

(xx) printer, scanner cum fax;

(xxi) telephone with internet facility;

(xxii) web cam;

(xxiii) furniture for officials, record keeping cabinets, work stations, wheel chair and stretchers for medical room;

(xxiv) chairs and tables for study and dining hall;

(xxv)projector and

(xxvi) CCTV cameras

Rule - 30. Clothing, Bedding, Toiletries and other Articles.-

(1) The clothing and bedding shall be as per the scale and climatic conditions. The requirements of each child and the minimum standards for clothing and bedding shall be as under:

A. BEDDING
S.No.	Article	Quantity to be provided per child
1	Mattress	1 at the time of admission and subsequently 1 after every 1 year.
2	Cotton Durry	2 at the time of admission and subsequently 2 after every 2 years.
3	Cotton bed sheets	2 at the time of admission and subsequently 1 after every 6 months.
4	Pillow (Cotton stuffed)	1 at the time of admission and subsequently 1 after every 1 year.
5	Pillow covers	1 at the time of admission and subsequently 1 after every 1 year.
6	Cotton blankets/ Khes	2 at the time of admission and subsequently 1 after every 2 years
7	Cotton filled quilt	1 at the time of admission and subsequently 1 after every 2 years
8	Mosquito net	1 at the time of admission and subsequently 1 after every 6 months.
9	Cotton towels	2 at the time of admission and subsequently 1 after every 3 months.

B. Clothing for Girls
S. No.	Article	Quantity to be provided per child
1.	Skirts and Blouse or Salwar Kameez or Half Sari with Blouse and Petticoat	5 sets per year for girls depending on age and regional preferences.
2.	Age appropriate undergarments	3 sets every quarter.
3.	Sanitary Towels	12 packs per year for older girls.
4.	Woollen Sweaters (full sleeves)	2 sweaters yearly.
5.	Woollen Sweaters (Half sleeves)	2 sweaters yearly.
6.	Woollen Shawls	1 per year.
7.	Nightwear	2 sets every 6 months.

B. Clothing for Boys
S. No.	Article	Quantity to be provided per child
1.	Shirts	2 at the time of admission and subsequently 1 after every 6 months.
2.	Shorts	2 at the time of admission and subsequently 1 after every 6 months for younger boys.
3.	Pants	2 at the time of admission and subsequently 1 after every 6 months for older boys.
4.	Age appropriate undergarments	3 sets every quarter.
5.	Woollen jerseys(full sleeves)	2 yearly.
6.	Woollen jerseys (half sleeves)	2 yearly.
7.	Woollen Caps	1 in 1 year.
8.	Kurta Pyjama for night wear	2 sets every 6 months.

C. Miscellaneous Articles
1.	Slippers	1 pair at the time of admission and subsequently after every 6 months.
2.	Sports shoes 1 pair at the time of admission and subsequently	1 pair after every 1 year.
3.	School uniform	2 sets every six months for children attending schools.
4.	School bag	1 every year for children attending schools.
5.	School shoes	1 pair at the time of admission in school and subsequently 1 pair after every 6 months.
6.	Handkerchiefs	2 at the time of admission and subsequently 2 after every 2 months.
7.	Socks	3 pairs every six months.
8.	Stationery	As per need.

(2) In addition to the clothing specified above, each child shall be provided, once in three years, with a suit consisting of one transparent shirt, one pair of shorts or pants, one pair of transparent canvas shoes and one blazer for use during ceremonial occasions. In the case of girls it shall be one transparent half sari or one salwar kameez or one transparent skirt and one transparent blouse, a pair of transparent canvas shoes and a blazer.

(3) In every hospital attached to the institution where there is provision for in-patient cots, the following scale has to be followed:

S. No.	Night clothing and bedding	Scale for supply
1.	Mattress	One per bed per 3 years.
2.	Cotton bed sheets	Four per bed per year.
3.	Pillows	One per bed per two year.
4.	Pillow covers	Four per bed per year.
5.	Woollen blankets	One per bed per 2 years.
6.	Pyjamas and loose shirts (hospital type for boys)	3 pairs per child per year.
7.	Skirts and blouses or salwar kameez for girls	3 pairs per child per year.
8.	Cotton durry	One per bed per three years.

(4) Toiletry: Every resident of the Child Care Institution shall be issued oil, soap and other material as per the following scale:

S. No.	Items	Quantity to be issued per child
1.	Hair Oil for grooming the hair	100 ml per month.
2.	Toilet soap/handwash	2 bars of 100gm per month.
3.	Tooth brush	1 in every 3 months.
4.	Toothpaste	100gm (a tube) per month.
5.	Comb	1 in every 3 month.
6.	Shampoo sachets	8 in a month (10ml/ per sachet).
7.	Bathing soap	2 bars of 125gm per month.
8.	Hair clip/ band	2 bands in 3 month.
9.	Moisturiser or cold cream (during winters)	250 ml in a month.

(5) For washing of clothes and towels, bed-sheet, etc., the following scale may be followed:

(6) washing soap: 3 soaps for one month (125 gms) or equivalent washing powder;

(7) transparentning or bleaching agent to the extent required only for transparent clothing.

(8) The hospital clothing shall not be mixed with other clothing at the time of washing and if necessary, the Superintendent can issue the above items separately for washing of hospital clothing. The superintendent may get installed washing machines, as required.

(9) The following items shall be provided for maintaining the Child Care Institutions in a healthy and sanitary condition

S. No.	Items	Quantity to be issued per child
1.	Broom stick	25 to 40 per month depending on the area of the institution.
2.	Pesticide spray	As per the institution doctor?s advice.
3.	Effective bugs killing agent	As required.
4.	Phenyl and cleaning acid	Depending on the area of lavatories to be (daily) cleaned as per institution doctor?s advice.
5.	Mosquito repellent machines	2 per room per month with adequate fillets.

Rule - 31. Sanitation and Hygiene.-

(1) Every Child Care Institution shall have the following facilities, namely:

(i) sufficient treated drinking water; water filters or RO shall be installed at multiple locations in the premises for easy access such as kitchen, dormitory, recreational rooms etc.;

(ii) sufficient water including hot water for bathing and washing clothes, maintenance and cleanliness of the premises;

(iii) proper drainage system with regular maintenance;

(iv) arrangements for disposal of garbage;

(v) protection from mosquitoes by providing mosquito nets or repellants;

(vi) annual pest control;

(vii) sufficient number of well-lit and airy toilets with proper fittings in the proportion of at least one toilet for seven children;

(viii) sufficient number of well-lit and airy bathrooms with proper fittings in the proportion of at least one bath room for ten children;

(ix) sufficient space for washing and drying of clothes;

(x) washing machine wherever possible;

(xi) clean and fly-proof kitchen and separate area for washing utensils;

(xii) sunning of bedding twice every month and clothing on regular basis;

(xiii) maintenance of cleanliness in the Medical Centre;

(xiv) daily sweeping and wiping of all floors in the home;

(xv) cleaning or washing of the toilets and bathrooms twice everyday;

(xvi) proper washing of vegetables and fruits and hygienic manner of preparing food;

(xvii) cleaning of the kitchen slabs, floor and gas after every meal;

(xviii) clean and pest proof store for maintaining food articles and other supplies;

(xix) disinfection of the beddings at least once a year;

(xx) fumigation of a sick room or isolation room after every discharge in case of contagious or infectious disease; and

(xxi) cleanliness in medical centre.

Rule - 32. Daily Routine.-

(1) Every Child Care Institution shall have a daily routine for children developed in consultation with the Children?s Committees, which shall be prominently displayed at various places within the Child Care Institution.

(2) The daily routine may provide, inter alia, for a regulated and disciplined life, personal hygiene and cleanliness, physical exercise, yoga, educational classes, vocational training, organised recreation and games, moral education, group activities, prayer and community singing and special programmes for Sundays and holidays and national holidays, festive days, birthdays.

Rule - 33. Nutrition and Diet Scale.-

(1) The following nutrition and diet scale shall be followed by the Child Care Institutions, namely:

(i) the children shall be provided four meals in a day including breakfast;

(ii) the menu shall be prepared with the help of a nutritional expert or doctor to ensure balanced diet and variety in taste as per the minimum nutritional standard and diet scale;

(iii) every Child Care Institution shall strictly adhere to the minimum nutritional standard and diet scale suggested as specified below:

S.No.	Name of the articles of diet	Scale per head per day
1.	Rice/Wheat/Ragi/Jowar	600 gms, (700 gms for16-18 yrs age) of which atleast 100 gms to be either Wheat or Ragi or Jowar or Rice.
2.	Dal/ Rajma/ Chana	120 gms.
3.	Edible Oil	25 gms.
4.	Onion	25 gms.
5.	Salt	25 gms.
6.	Turmeric	05 gms.
7.	Coriander Seed Powder	05 gms.
8.	Ginger	05 gms.
9.	Garlic	05 gms.
10.	Tamarind/ Mango powder	05 gms.
11.	Milk (at breakfast)	150 ml.
12.	Dry Chillies	05 gms.
13.	Vegetables Leafy Non ? leafy	100 gms. 130gms.
14.	Curd or Butter Milk	100 gms/ml.
15.	Chicken/Mutton/Fish once a 4 week or Eggs 4 days	115 gms.
16.	Jaggery& Ground Nut Seeds or Paneer (vegetarian only)	60 gms each (100 gms for paneer) Once in a week.
17.	Sugar	40 gms.
18.	Tea/Coffee	5gm.
19.	Sooji/Poha	150 gms.
20.	Ragi	150 gms.
Following items for 50 Children per day
21.	Pepper	25 gms.
22.	Jeera Seeds	25 gms.
23.	Black Gram dal	50 gms.
24.	Mustard Seeds	50 gms.
25.	Ajwain Seeds	50 gms.
On Chicken Day for 10 Kg. of Chicken
26.	Garam Masala	10 gms.
27.	Kopra	150 gms.
28.	KhasKhas	150 gms.
29.	Groundnut Oil	500 gms.
For Sick Children
30.	Bread	500 gms.
31.	Milk	500 ml.
32.	Khichadi	300 gms.
Other Items
33.	LP Gas for Cooking only

(2) Children may be provided special meals on holidays, festivals, sports and cultural day and celebration of national festival.

(3) Infants and sick children shall be provided special diet according to the advice of the doctor on their dietary requirement.

(4) The requirement of each child shall also be taken into account including need for iron and folic acid supplements.

(5) The menu for the day shall be prepared in consultation with the Children?s Committee and shall be displayed in the dining hall.

(6) Variation in diet may be as per seasonal and regional variations, a suggested diet variation is given below:-

(i) varieties of dal e g., Toor (Arhar), Moong (Green Gram) and Chana (Bengal Gram) and mixed dal (arhar, moong, urad) may be given alternatively;

(ii) on non-vegetarian days, vegetarian children shall be issued with either 60 gms of jaggery and 60 gms of groundnut seeds per head in the shape of laddus or any other sweet dish or curry with 100 gms paneer;

(iii) leafy vegetables such as Fenugreek (Methi), Spinach (Palak), Sarson (Mustard leaves) GonguraThotakura or any other saag etc., may also be issued once in a week. If a kitchen garden is attached to any institution, leafy vegetables, should be grown and issued and the Superintendent should try to issue variety of vegetables and see that the same vegetable is not repeated for at least a period of one week;

(iv) seasonal fruits shall be provided in a non-repetitive manner in sufficient quantities;

(v) the Person-in-charge may make temporary alterations in the scale of diet in individual cases when considered necessary by him, or on the advice of the doctor of the institution subject to the condition that the scale laid down is not exceeded.

(7) Meal Timing and Menu:

(i) Breakfast ? 7.30 a.m. to 8.30 a.m.

(a) dahi-chura

(b) vegetable curry/dal/sambar/chhola

(d) idli/wada with sambhar

(e) upma or chapattis made of wheat or ragi or any other dish;

(f) chutneys from Gongura or fresh curry leave or fresh coriander or Coconut and Putnadal etc.,

(g) milk;

(h) any seasonal fruit in sufficient quantity.

(ii) Lunch at 12.30 to 1.30 P.M. and Dinner ? 7.00 P.M. ? 8.00 P.M

(a) rice or Chapattis or combination of both;

(b) vegetable curry;

(d) butter milk or curd.

(e) green salad.

(iii) Evening Snacks ? 4.00 P.M. ? 5.00 P.M.

(8) Others:

(i) depending on the season, the Person-in-charge shall have the discretion to alter the time for distribution of food;

(ii) on the advice of the institution?s doctor or at the discretion of the Person-in-charge, every sick child who is prevented from taking regular food, on account of his ill-health, may be issued with medical diet as per the scale for sick children;

(iii) extra diet for nourishment like milk, eggs, sugar and fruits shall be issued to the children on the advice of the institution doctor in addition to the regular diet, to gain weight or for other health reasons and for the purpose of calculation of the daily ration, the sick children shall be excluded from the day?s strength;

(iv) special lunch or dinner may be provided to the children at the Child Care Institution at the rate fixed by the Person-in-charge of the Child Care Institution, from time to time on national festivals and festival occasions, including:

(v) Republic Day (26th January);

(vi) Independence Day (15th August);

(vii) Mahatma Gandhi?s Birth day (2nd October);

(viii) Children?s Day (14th November);

(ix) National festivals;

(x) Local festivals;

(xi) Annual Day of the Child Care Institution.

Rule - 34. Medical Care.-

(1) In all Child Care Institutions, a medical officer shall be made available on call whenever necessary for regular medical check up and treatment of children.

(2) A nurse or a para medic shall be available round the clock in all Child Care Institutions.

(3) Every Child Care Institution may:

(i) arrange for medical examination of each child admitted in an institution by the Medical Officer within twenty- four hours of admission and in special cases or medical emergencies immediately;

(ii) arrange for a medical examination of child by the Medical Officer at the time of transfer within twenty four hours before transfer;

(iii) maintain a medical record of each child on the basis of monthly medical check-up and provide necessary medical facilities;

(iv) ensure that the medical record includes weight and height record, any sickness and treatment, and other physical or mental problems;

(v) have facilities for quarterly medical check-ups including dental check-up, eye testing and screening for skin problems and for treatment of children;

(vi) every institution to have first aid kit and all staff be trained in handling first aid;

(vii) make necessary arrangements for the immunization of children;

(viii) take preventive measures in the event of out-break of contagious or infectious diseases;

(ix) keep sick children under constant medical supervision;

(x) not carry out any surgical intervention in a hospital on any child without the previous consent of his parent or guardian, unless the parent or guardian cannot be contacted and the condition of the child is such that any delay would, in the opinion of the medical officer, involve unnecessary suffering or injury to the health of the child or danger to life, or without obtaining a written consent to this effect from the Person-in-charge of the institution;

(xi) provide or arrange for regular counselling of every child and ensure specific mental health interventions for those in need of such services, including separate rooms for counselling sessions within the premises of the institution and referral to specialised mental health centres, where necessary; and

(xii) refer such children who require specialised drug de-addiction and rehabilitation programme, to an appropriate centre administered by qualified persons where these programmes shall be adopted to the age, gender and other specifications of the child concerned.

(4) Baseline investigation of Complete Blood Count (CBC), Urine Routine, HIV, VDRL, Hepatitis B and Hepatitis C tests and allergy or addiction to drugs shall be conducted for all children at the time of entry into the institution as suggested by the doctor after examining the child.

(5) Test for pregnancy or diseases for victims of sexual offences shall be conducted, if required by the order of the Board or the Committee or the Children?s Court. In such cases the District Child Protection Unit shall facilitate following of the procedures laid down in the Medical Termination of Pregnancy Act, 1971, if so needed.

(6) The State Government through the District Child Protection Unit shall make provisions for those children diagnosed with special problems such as hormonal problems, immuno-compromised diseases, physical and mental disabilities on the recommendation of the medical officer. The children shall be kept in special care homes or hospitals and avail necessary medical/ psychiatric and psychological support or treatment.

(7) All girls who have attained puberty shall undergo health assessment to detect iron deficiency. Necessary dietary plan and medicines shall be prescribed by the nutritionist and appointed doctor, if need be.

(8) A psycho- social profile of every child shall be maintained by the Child Care Institution and updated every month. Special observations may be recorded, when required. Person-in-charge of the institution shall ensure that any recommendations made shall be duly complied with.

Rule - 35. Mental Health.-

(1) The environment in an institution shall be free from abuse, allowing children to cope with their situation and regain confidence.

(2) All persons involved in taking care of the children in an institution shall participate in facilitating an enabling environment and work in collaboration with the therapists as needed.

(3) Milieu based interventions and individual therapy are must for every child and shall be provided in all institutions.

Explanation.? For the purpose of this sub-rule, ?milieu based intervention? is a process of recovery, which starts through providing an enabling culture and environment in an institution so as to ensure that each child?s abilities are discovered and they have choices and right to take decisions regarding their life and thus, develop and identify beyond their negative experiences, such intervention which has a critical emotional impact on the child.

(4) Individual therapy is a specialised process and each institution shall make provisions for it as a critical mental health intervention.

(5) Every institution shall have the services of trained counselors or collaboration with external agencies such as child guidance centres, psychology and psychiatric departments or similar Government and non-Governmental agencies, for specialised and regular individual therapy for the child,

(6) The recommendations of mental health experts shall be maintained in every case file, as required.

(7) No child shall be administered medication for mental health problems without a psychological evaluation and diagnosis by trained mental health professionals.

(8) Medicines should be administered to the children only by trained medical staff and not by any other staff of the Home.

Rule - 36. Education.-

(1) Every institution shall provide education to all children according to the age and ability, both inside the institution or outside, as per requirement.

(2) There shall be a range of educational opportunities including, mainstream inclusive schools, bridge school, open schooling, non formal education and learning where needed.

(3) Wherever necessary, extra coaching shall be made available to school going children in the institutions by encouraging volunteer services or tying up with coaching centres or tutors.

(4) Specialised trainers and experts shall be appointed to cater to the educational needs of children with special needs either physical or mental. Learning disorders shall be identified, assessed and reported in the Individual Care Plan. Further assistance shall be given to the child by trained professionals.

(5) Regularity of the education programme and attendance of the children shall be ensured.

(6) Children should be able to avail scholarships, grants and schemes and sponsorships.

Rule - 37. Vocational Training.-

(1) Every Child Care Institution shall provide gainful vocational training to children according to their age, aptitude, interest and ability, both inside or outside the Child Care Institution.

(2) Vocational training shall include occupational therapy, skill and interest based training, aimed at suitable placement at the end of the course. The institute, preferably government recognised, providing vocational training shall give a certificate, on the completion of the course.

(3) Where vocational training is offered outside the premises of the Child Care Institution, children shall be escorted for such programmes with proper security planning and services, particularly for children who are at risk.

(4) A record shall be maintained for all children attending the programmes and the progress made by each child shall be reviewed. The report in that regard shall be submitted to the Board or the Committee or the Children?s Court, as the case may be, on a quarterly basis.

Rule - 38. Recreational Facilities.-

(1) Recreational facilities may include indoor and outdoor games, yoga and meditation, music, television, picnic and outings, cultural programmes, gardening and library, etc.

(2) Sufficient space shall be made available for outdoor sports and games.

(3) Picnic and outings may include education fair or science fair, museum, planetarium, botanical garden, zoological garden, etc.

(4) Cultural event or sports competition shall be held once in a quarter to showcase talent on festivals or on days of national festivals.

(5) Library shall have child friendly environment. There shall be books in regional language, newspapers, children?s magazines, puzzle books, picture books, books in braille, audio and video devices, etc.

(6) Space in the home shall be made available for gardening with technical input being given by a gardener to the children.

(7) Music, dance and art therapy may be included in the list of recreational activities to enhance the healing process of each child.

(8) Regularity of the activities shall be maintained with support of institutions and non-governmental organisation, if needed and a report shall be submitted on quarterly basis to the Board or the Committee or the Children?s Court, as the case may be.

Rule - 39. Management Committee.-

(1) Every Child Care Institution shall have a Management Committee for the management of the institution and monitoring the progress of every child.

(2) In order to ensure proper care and treatment as per the individual care plans, children shall be grouped on the basis of age, nature of offence or kind of care required, physical and mental health and length of stay.

(3) The Management Committee shall comprise of:

(i) Assistant Director, Child Protection Unit (District Child Protection Unit)- Chairperson;

(ii) Person-in-charge - Member-Secretary;

(iii) Probation Officer or Child Welfare Officer or Case Worker ? Member;

(iv) Medical Officer ? Member;

(v) Psychologist or Counsellor ? Member;

(vi) Workshop Supervisor or Vocational Instructor? Member;

(vii) Teacher ? Member;

(viii) Social Worker Member of the Board or the Committee ? Member;

(ix) two child representatives from each of the Children?s Committees ? Members;

(x) any other special invitee with the consent of the Chairperson.

(4) The Management Committee shall meet at least once every month to consider and review:

(i) care in the institution, housing, area of activity and type of supervision or interventions required;

(ii) medical facilities and treatment;

(iii) food, water, sanitation and hygiene conditions;

(iv) mental health interventions;

(v) individual problems of children and institutional adjustment;

(vi) quarterly review of individual care plans;

(vii) provision of legal aid services;

(viii) vocational training and opportunities for employment;

(ix) education and life skills development programmes;

(x) social adjustment, recreation, group work activities, guidance and counselling;

(xi) progress, adjustment and modification of residential programmes to the needs of the children;

(xii) planning post-release or post-restoration rehabilitation programme and follow up for a period of two years in collaboration with after care services, as the case may be;

(xiii) pre-release or pre-restoration preparation;

(xiv) release or restoration;

(xv) post release or post-restoration follow-up;

(xvi) minimum standards of care, including infrastructure and services available;

(xvii) daily routine;

(xviii) community participation and voluntary participation in the residential life of children such as education, vocational activities, recreation and hobby;

(xix) all registers as required under the Act and the rules maintained by the institution, duly stamped and signed and to check and verify the registers in the monthly review meetings;

(xx) matters concerning Children?s Committees; and

(xxi) any other matter which the Person-in-charge may like to bring up.

(5) The Management Committee shall set up a complaint and redressal mechanism in every institution and a Children?s Suggestion Box shall be installed in every institution at a place easily accessible to children away from the office set up and closer to the residence or rooms or dormitories of the children.

(6) The key of the Children?s Suggestion Box shall remain in the custody of the Chairperson of the Management Committee and shall be checked every week by the Chairperson of the Management Committee or his representative from District Child Protection Unit, in the presence of the members of the Children?s Committees.

(7) If there is a problem or suggestion that requires immediate attention, the Chairperson of the Management Committee shall call for an emergency meeting of the Management Committee to discuss and take necessary action.

(8) The quorum for conducting emergency meetings shall be five members, including two members of Children?s Committees, Chairperson of the Management Committee, Member of the Board or the Committee, as the case may be, and the Person-in-charge of the Child Care Institution.

(9) In the event of a serious allegation or complaint against the Person-in-charge of the institution, he shall not be part of the emergency meeting and another available member of the Management Committee shall be included in his place.

(10) All suggestions received through the suggestion box and action taken as a result of the decisions made in the emergency meeting or action required to be taken shall be placed for discussion and review in the monthly meeting of the Management Committee.

(11) A Children?s Suggestion Book shall be maintained in every institution where the complaints and action taken by the Management Committee are duly recorded and such action and follow up shall be communicated to the Children?s Committees after every monthly meeting of the Management Committee.

(12) The Board or Committee shall review the Children?s Suggestion Book at least once a month.

(13) The complaint box shall be accessible by the Chairperson of the Committee or any other person authorised by him.

Rule - 40. Children?s Committees.-

(1) Person-in-charge of every institution for children shall facilitate the setting up of children?s committees for different age groups of children, that is in the age group of 6 to 10 years, 11 to 15 years and 16 to 18 years and these children?s committees shall be constituted solely by children.

(2) Such children?s committee shall be encouraged to participate in following activities:

(i) improvement of the condition of the institution;

(ii) reviewing the standards of care being followed;

(iii) preparing daily routine and diet scale;

(iv) developing educational, vocational and recreation plans;

(v) respecting each other and supporting each other in managing crisis;

(vi) reporting abuse and exploitation by peers and caregivers;

(vii) creative expression of their views through wall papers or newsletters or paintings or music or theatre;

(viii) management of institution through the Management Committee.

(3) The Person-in-charge shall ensure that the children?s committees meet every month and maintain a register for recording their activities and proceedings, and place it before the Management Committee in their monthly meetings.

(4) The Person-in-charge shall ensure that the children?s committees are provided with essential support and materials including stationary, space and guidance for effective functioning.

(5) The Person-in-charge may, as far as feasible, seek assistance from local voluntary organisations or child participation experts for the setting up and functioning of the children?s committees.

(6) The local voluntary organisation or child participation expert shall support the children?s committees in the following:

(i) electing their leaders and in devising the procedure to be followed for conducting the elections;

(ii) conducting the elections and monthly meetings;

(iii) framing rules for the functioning of children?s committees and following it;

(iv) maintaining records and Children?s Suggestion Book and other relevant documents; and

(v) any other innovative activity.

(7) The Management Committee shall seek a report from the Person-in-charge on the setting up and functioning of the children?s committees, review these reports in their monthly meetings and take necessary action or place the same before the Board or the Committee, wherever required.

Rule - 41. Inspection.-

(1) The State Government shall constitute State and district level inspection committees.

(2) The State Inspection Committee shall comprise of a maximum of seven members from among the State Government, namely the Board or Committee, the State Commission for the Protection of Child Rights, the State Human Rights Commission, State Adoption Resource Agency, medical and other experts, voluntary organisations and reputed social workers. The Member-Secretary, State Child Protection Society shall be the Chairperson of the State Inspection Committee.

(3) The State Inspection Committee shall carry out inspections of the Child Care Institutions as defined under sub-section (21) of section (2) of the Act housing children in the State in Form 46.

(4) The State Inspection Committee shall carry out random inspections of the institutions housing children to determine whether such institution is housing children in need of care and protection.

(5) The State Inspection Committee shall submit report to the Secretary of the Department implementing the Act.

(6) The State Inspection Committee shall make recommendations for improvement and development of the Institutions in accordance with the provisions of the Act and the rules made thereunder and shall forward the same to the State Child Protection Society or the District Child Protection Unit for appropriate action.

(7) The State Inspection Committee shall interact with the children during visits to the institution to determine their well-being and to get their feedback.

(8) The District Inspection Committee shall comprise of following eight members of whom at least one shall be a woman:-

(i) District Magistrate- Chairperson

(ii) Assistant Director, District Child Protection Unit- Member Secretary;

(iii) Member of the Board or the Committee- Member

(iv) Chief Medical Officer- Member

(v) District Programme Officer (Education)- Member

(vi) Representative of the Special Juvenile Police Unit in the district- Member.

(vii) one member of the civil society working in the area of child rights, care, protection and welfare, nominated by Chairperson- Member.

(viii) one mental health expert who has experience of working with children, nominated by Chairperson- Member.

(9) The District Inspection Committee shall inspect all Child Care Institutions in the district in Form 46.

(10) The inspection of the facilities housing children in the district shall be carried out at least once every three months.

(11) The District Inspection Committee shall submit the report of the findings to the District Child Protection Unit or the State Government and shall also make suggestions for improvement and development of the Child Care Institutions in accordance with the provisions of the Act and the rules made thereunder.

(12) The District Inspection Committee shall interact with the children during the visits to the institution to determine their well-being and to elicit their feedback.

(13) The District Child Protection Unit shall take necessary follow up action on the report of the District Inspection Committee and shall submit an action taken report to the District Magistrate and the State Government.

(14) The members of both the State and District level Inspection Committees shall strictly adhere to the Child Protection Policy developed by the State Child Protection Society for? child Care Institutions.

(15) The tenure of the representative from the civil society on these Committees shall be for a period of maximum three years.

Rule - 42. Evaluation and Monitoring-

(1) The evaluation of functioning of the Board, Committee, special juvenile police units, registered institutions, or recognised fit facilities and persons under the Act may be done by the Central Government or the State Government once in three years through institutions and agencies such as reputed academic institutions, schools of social work of Universities, Management Institutions, multidisciplinary Committee especially constituted for the purpose etc.

(2) The State Government shall constitute a State level Monitoring Committee to monitor the progress and functioning of the institutions and the agencies under the Act/Rules. This Committee shall comprise the following members:-

(i) the Chief Secretary-Chairperson;

(ii) Principal Secretary/Secretary, Department of Social Welfare- Member Secretary

(iii) Chairperson of the Selection Committee

(iv) Principal Secretary/ Secretary from the departments of Home, Health, Education, Law, Labour, SC/ST Welfare, BCB & EBC Welfare, Minority Welfare, Panchayati Raj, Rural Development, Urban Development, Finance Department and Building Construction Department:

(v) Two members from civil society working in the area of child rights, care, protection andwelfare as nominated by the Member Secretary:

(vi) Representatives from State Legal Services Authority.

(vii) The State level Monitoring Committee shall meet at least once a year and shall perform the followingfunctions:-

(viii) review the functions of service delivery mechanisms including preventive strategies andStructures established under the Act and the rules hereunder.

(ix) strengthen inter-departmental and inter-district coordination: and

(x) any other matter considered necessary for policy, planning and implementation of anyscheme for the protection of the children.

(3) The findings of the evaluation as per sub-rule (1) above shall be shared between the Central and StateGovernments in order to strengthen and improve the functioning of different structures.

CHAPTER VII

ADOPTION

Rule - 43. Adoption Related Reporting.-

(1) The Child Welfare Committees shall, furnish the data relating to children declared legally free for adoption and cases pending for decision to the Authority online in the formats provided in the Adoption Regulations and also to the respective State Adoption Resource Agencies, with the assistance of the District Child Protection Units.

Rule - 44. Children who are not being adopted after being declared legally free for adoption may be eligible for Foster Care.-

(1) The following categories of children may be considered for Foster Care in following circumstances:

(i) Children in the age group of 0 to 6 years who are being considered by the Committee as legally free for adoption and those who have been declared legally free for adoption shall not as far as possible be considered for placement in foster care. Such children shall be provided a permanent family through adoption as per Adoption Regulations.

(ii) If adoptable children between the age of 6 to 8 years do not get a family either in in-country adoption or in inter-country adoption within a period of two years after they are declared legally free for adoption by Child Welfare Committee, such children to be eligible to be placed in family foster care or group foster care, as the case may be, by the Committee on the recommendation of District Child Protection Unit or Specialised Adoption Agency.

(iii) Children in the age group of 8 to18 years, who are legally free for adoption but have not been selected by any Prospective Adoptive Parent (PAP) for one year to be eligible to be placed in family foster care or group foster care, as the case may be, by the Committee on the recommendation of District Child Protection Unit or Specialised Adoption Agency.

(iv) Children with special needs, irrespective of the age, who do not get a family either in in-country adoption or in inter-country adoption within a period of one year after they are declared legally free for adoption by Child Welfare Committee, such children to be eligible to be placed in family foster care or group foster care, as the case may be, by the Committee on the recommendation of District Child Protection Unit or Specialised Adoption Agency, provided the Home Study Report of the foster family supports their fitness and group setting has facilities for care of such children.

(v) Where the child has remained with a foster family for a minimum of five years other than in preadoption foster care, the foster family may apply for adoption and shall be given preference to adopt the child after the child has been declared legally free for adoption and after registering in Child Adoption Resource Information and Guidance System and according to procedures laid down in Adoption Regulations.

(2) The State Government may develop a guideline either by itself or adopt a guideline issued by the Central Government, as the case may be, for implementing the programme of Foster Care of children in the State, as per the Act and the rules hereunder.

Rule - 45. Procedure before the Court.-

(1) The procedure for obtaining an Adoption Order from the court concerned would be as provided in Adoption Regulations.

(2) The Court, for the purpose of an application for adoption order, shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908) and Evidence Act, 1872. The procedure, as laid down in the Juvenile Justice (Care and Protection of Children) Act, 2015 and Adoption Regulations shall be followed.

Rule - 46. Period for disposal of applications.-

(1) The Court shall dispose of an application for making an adoption order within a period of two months from the date of filing of the application, as provided under sub-section (2) of section 61 of the Act and where the judge of the court concerned ordinarily exercising jurisdiction in such matters is not available for a period of more than one month, the applications shall be disposed of within stipulated time by other senior most judge.

(2) No information or Court order regarding adoption disclosing the identity of the child shall be uploaded on any portal except as may be stipulated in Adoption Regulations.

Rule - 47. Special provision for protection of adopted children.-

Any case of offence committed against adopted child shall be dealt as per the law applicable to any other child

Rule - 48. Linkage of Child Care Institutions to Specialised Adoption Agencies.-

Linkage of Child Care Institutions with Specialized Adoption Agencies for the purpose of adoption shall be governed by the provisions of section 66 of the Act and Adoption Regulations.

Rule - 49. Additional Functions of the Authority.-

as notified under Rule 49 of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016 and as per the Adoption Regulation notified by the Central Government from time to time.

Rule - 50. Terms and conditions of appointment of Members of the Steering Committee of the Authority.-

As notified under Rule 50 of the Juvenile Justice (Care and Protection of children) Model Rules, 2016 and as per the Adoption Regulation notified by the Central Government from time to time.

Rule - 51. Transaction of business of the Steering Committee of the Authority.-

as notified under Rule 51 of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016 and as per the Adoption Regulation notified by the Central Government from time to time.

Rule - 52. Annual Report of the Authority.-

as notified under Rule 52 of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016 and as per the Adoption Regulation notified by the Central Government from time to time.

Rule - 53. Accounts and audit of the Authority.-

as notified under Rule 53 of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016 and as per the Adoption Regulation notified by the Central Government from time to time.

CHAPTER

VIII OFFENCES AGAINST CHILDREN

Rule - 54. Procedure in cases of offences against children.-

(1) A complaint of an offence against a child may be made by child, family, guardian, friend or teacher of the child, childline services or any other individual or institutions or organisation concerned.

(2) On receipt of information in respect of a cognizable offence against a child, the police shall register a First Information Report (FIR) forthwith

(3) On receipt of information of a non- cognizable offence against a child, the police shall make an entry in the Daily Diary which shall be transmitted to the Magistrate concerned forthwith who shall direct appropriate action under sub-section (2) of section 155 of the Code of Criminal Procedure, 1973.

(4) In all cases of offences against children, the investigation shall be conducted by the Child Welfare Police Officer.

(5) Where any offence under the Act is committed by a Child Care Institution including a Specialised Adoption Agency, the Committee or the Board as the case may be, may pass appropriate orders for placing the children already placed with the Child Care Institution or the Specialised Adoption Agency in any other Child Care Institution or Specialised Adoption Agency and recommending the cancellation of the registration and withdrawal of recognition of such institution or agency, if the management of such Child Care Institution including a Specialised Adoption Agency does not cooperate with any inquiry or comply with the orders of the Committee or the Board or Court or State Government, as the Case may be.

(6) Where an FIR is registered against a person working with a Child Care Institution including Specialised Adoption Agency for any offence under the Act and the rules, such a person shall be debarred from working directly with the children during the pendency of the criminal case.

(7) Where a person has been dismissed from service or is convicted of an offence under the Act and the rules, he shall stand disqualified from any further appointment.

(8) In no case a child shall be placed in a police lock-up or lodged in a jail.

(9) The child and his family shall be provided access to paralegal volunteers under the District Legal Service Authority.

(10) An immediate need assessment of the child will be conducted by the Probation Officer or the Child Welfare Officer or Case Worker or Social Worker in terms of the need for food, clothing, emergency medical care, counselling, psychological support and the same shall be immediately extended to the child.

(11) Where a child has been subjected to sexual abuse, the child may be referred to the nearest District Hospital or One-Stop Crisis Centre, as the case may be, if locally available and shall be extended all kinds of support and assistance including psychological and legal assistance, as specified under the rules and guideline framed under the Protection of Children from Sexual Offences Act, 2012.

(12) Special children?s rooms may be designated in every Court Complex with facility for separate space for children waiting and children who are giving their statement or interview; separate entrances, wherever feasible; video-conferencing facilities for interacting with children, wherever possible; provision for entertainment for children such as books, games, etc. Statements and interviews, other than during trial of children who are, victims, or witnesses, shall be recorded through child friendly procedure in a children?s room.

(13) The statement or the interview of the victim/ witness child shall be conducted while ensuring the following conditions:

(14) The Magistrate shall record the statement of the child under section 164 of the Code of Criminal Procedure, 1973 in the Children?s room or, if possible in the child?s place of residence including, home or institution where he or she is residing.

(15) The statement shall be recorded verbatim as spoken by the child.

(16) The statement may also be recorded by audio-visual means as per the provisions of sub-section (1) of section 164 of the Code of Criminal Procedure, 1973.

(17) The child may be accompanied by parent or guardian or social worker or counsellor or any person who the child trusts.

(18) The Legal Services Authority may provide a support person or para legal volunteer for pre-trial counselling and to accompany the child for recording of the statement who shall also familiarize the child with the Court and Court environment in advance, and where the child is found to have been disturbed by the experience of coming to the Court, orders for video-conferencing may be passed by the Court, on an application moved by the support person or para-legal volunteer or by the Legal Services Authority, on behalf of the child.

(19) If the child victim or witness does not belong to the District or State or Country, the statement or interview or deposition of the child may also be recorded through video conferencing.

(20) Where video-conferencing is not possible, all necessary accommodation, travel expenses for the child and a guardian or the support person accompanying the child will be provided as per actuals by the State Government.

(21) Separate rooms for vulnerable witnesses may be designated in every Court Complex to record the evidence of child witnesses.

(22) During a trial involving children, as far as possible, the following norms may be followed to ensure a child-friendly atmosphere:

(i) Parents or guardian(s) shall accompany the child at all times (only if it is in the best interest of the child). If the said person has a conflict of interest, another person of the child?s choice, or fit person, or representative of the fit institution identified, or psychologist appointed by the Committee or Court, shall accompany the child at all times, on approval of the Court.

(ii) Psychological counselling may also be provided to the child wherever necessary.

(iii) In a situation where parents or guardians may have been involved in the commission of the crime, or where the child is living in a place where the child is at risk of further trauma, and the same is brought to the notice of the Court, or the Court on its own motion shall direct the child to be taken out of the custody or care, or out of such situation and the child should be immediately produced before the Committee.

(iv) For the age determination of the victim, in relation to offences against children under the Act, the same procedures mandated for the Board and the Committee under section 94 of the Act to be followed.

(v) The language(s) used to be familiar to the child and if needed translators and special educators to be made available.

(vi) Before the statement of the child is recorded, the Court to ensure that the child is capable of making a voluntary statement.

(vii) No statement of the child to be disregarded as evidence in the trial solely on the basis of the age of the child.

(viii) Images or statements admissible in the interview of the child not to be detrimental to the mental or physical well- being of the child.

(ix) Length and questions admissible at the interview not to be taxing and to be suitable to the attention span of the child.

(x) In case of young children, or otherwise incapacitated child, alternative methods of interaction and evidence collection that is less intimidating to be adopted.

(xi) The Court to ensure that at no stage during trial, the child comes face to face with the accused.

(xii) Special permission from school and arrangement for remedial classes for days lost to be ensured by the school authorities.

(xiii) The child may be represented, as the case may be, by:

(xiv) a lawyer of his choice, or,

(xv) ?public prosecutor, or,

(xvi) a lawyer designated or empanelled by the Legal Services Authority.

(23) All functionaries of the Court and others concerned may be sensitised on the special needs of children and child rights.

(24) After the process of trial:

(25) The child or guardian should be informed of the decision of the judicial proceeding and its implication.

(26) The child or guardian should be made aware of his legal options.

(27) Notwithstanding anything mentioned in the rules hereunder related to the quantum of punishment for offences committed under the Act, such punishment which is greater in degree under any central or special or local law, as the case may be, shall prevail, as per Section 88 of the Act.

Rule - 55. Procedure in case of offence under section 75 of the Act.-

(1) For the purposes of section 75 of the Act and this rule, giving a child in marriage shall be considered as cruelty to the child. On receipt of information of risk of a child being given in marriage, the police or any officer authorised under the Act or under the Prohibition of Child Marriage Act,2006 (6 of 2007), shall produce the child before the Committee for appropriate directions and rehabilitative measures.

(2) Where an act of cruelty to a child takes place in a Child Care Institution, or a school, or in any other place of care and protection to the child, considering the best interest of the child, the Board or the Committee or the Children?s Court after consultation with the child and or parents or guardians shall provide alternative arrangements or if required alternative appropriate rehabilitation for the child.

(3) A child covered under the Act requiring immediate medical attention shall be provided with required medical care and treatment by a hospital or clinic or facility upon a direction of the Board or the Committee made in this regard, free of cost. A failure to respond immediately resulting in serious injury, irreversible damage or threat to life or death shall be deemed to be wilful neglect of the child and shall tantamount to cruelty under section 75 of the Act on the direction of the Board or the Committee after a detailed inquiry.

Rule - 56. Procedure in case of offence under section 77 of the Act.-

(1) Whenever a child is found to be under the influence of, or in possession of intoxicating liquor or narcotic drugs or psychotropic substances or tobacco products, including for the purpose of sale, the police shall enquire as to how the child came under the influence of, or possession of such intoxicating liquor or narcotic drugs or psychotropic substances or tobacco products and shall register an FIR forthwith.

(2) The child who has been administered narcotic drugs or psychotropic substances or is found under the influence of the same may be produced either before the Board or the Committee as the case may be, and the Board or the Committee shall pass appropriate orders regarding rehabilitation and de-addiction of the child.

(3) In case of a child found to be addicted to intoxicating liquor or tobacco products, the child shall be produced before the Committee which shall pass directions for rehabilitation including de-addiction of the child and transfer the child to a fit facility identified for the purpose.

(4) In case any child is found to have been administered intoxicating liquor or narcotic drugs or psychotropic substances or tobacco products in a Child Care Institution, the child shall be produced immediately before the Board or the Committee, except in such cases where the child is not in a position to be produced before the Board or the Committee and requires immediate medical attention.

(5) The Board, shall on its own or on complaint received from the Committee, issue directions to the police to register an FIR immediately.

(6) The Board or the Committee shall also issue appropriate directions for inquiry as to the circumstances in which such product entered the Child Care Institution and reached the child and shall recommend appropriate action against the erring officials and the Child Care Institution. Such inquiry shall be completed within fifteen days of the direction being issued.

(7) The Board or the Committee may also issue directions for transfer of the child to another Child Care Institution as the case may be.

(8) Any shop selling intoxicating liquor, tobacco products, must display a message at a prominent place on their shop that giving or selling intoxicating liquor or tobacco products to a child is a punishable crime with upto seven years of rigorous imprisonment and a fine of upto one lakh rupees.

(9) All tobacco products and intoxicating liquor must display a message that giving or selling intoxicating liquor or tobacco products to a child is a punishable crime with upto seven years of rigorous imprisonment and a fine of upto one lakh rupees.

(10) Giving or selling of intoxicating liquor, narcotic drugs or psychotropic substances or tobacco products within 200 meters of a Child Care Institution or any other home registered or recognised under the Act, or the office of a Committee or a Board shall be deemed to be an offence under section 77 of the Act.

Rule - 57. Procedure in case of offence under section 78 of the Act.-

(1) Whenever a child is found to be vending, carrying, supplying or smuggling an intoxicating liquor, narcotic drug, or psychotropic substance, the police shall enquire how and from whom the child came into possession of the intoxicating liquor, narcotic drug, or psychotropic substance and shall register an FIR forthwith.

(2) A child who is alleged to have committed an offence under section 78 of the Act shall be produced before the Board, which may transfer the child to the Committee, if the child is also in need of care and protection.

Rule - 58. Procedure in case of offence under section 80 of the Act.-

(1) Where any orphan, abandoned or surrendered child, is offered or given or received for the purpose of adoption without following the procedures as provided in the Act and the rules, the police shall, suomotu, or on receipt of information in that regard register an FIR forthwith.

(2) A child who has been so offered, given or received for the purpose of adoption shall be produced before the Committee forthwith which shall pass appropriate directions for rehabilitation of the child, including placing such child in a Specialised Adoption Agency.

(3) Wherever any offence under section 80 of the Act is committed by a recognised Specialised Adoption Agency or by a person associated with such an agency, the Committee may also pass appropriate orders for placing the other children placed with the Specialised Adoption Agency in any other Child Care Institution or Specialised Adoption Agency.

Rule - 59. Procedure in case of offence under section 81 of the Act.-

(1) On receipt of information about the selling or buying of a child, the police shall register an FIR forthwith.

(2) Giving or agreeing to give, receiving or agreeing to receive any payment or reward in consideration of adoption, except as permitted under the adoption regulations framed by the Authority, towards the adoption fees or service charge or child care corpus by any prospective adoptive parent(s) or parent or guardian of the child or the Specialised Adoption Agency shall amount to an offence under section 81 of the Act and this rule.

(3) A child, who has been subjected to buying or selling, shall be produced before the Committee forthwith which shall pass appropriate orders for the rehabilitation of the child.

(4) Where any offence under section 81 of the Act is committed by a parent or a guardian of the child or any other person having actual charge or custody of the child, the Committee shall pass appropriate orders for placing the child in a Child Care Institution or fit institution or with a fit person, as the case may be.

(5) Where any offence under section 81 of the Act is committed by a Child Care Institution including Specialised Adoption Agency or by a hospital or nursing home or maternity home, or a person associated with such an institution or agency, the Committee may also pass appropriate orders for placing the other children placed with such Child Care Institution or Specialised Adoption Agency or hospital or nursing home or maternity home in any other Child Care Institution or Specialised Adoption Agency or hospital or nursing home or maternity home, as the case may be.

(6) The Committee shall recommend to the State Government that the registration or recognition of such agency or institution or the registration or license of such a hospital or nursing home or maternity home or such associated person under any law for the time being in force shall also be withdrawn.

Rule - 60. Procedure in case of offence under section 82 of the Act.-

(1) A complaint of subjecting a child to corporal punishment under section 82 of the Act may be made by the child or any one on his behalf.

(2) Every Child Care Institution shall have a complaint box at a prominent place in the building to receive complaints of corporal punishment.

(3) The complaint box will be opened in the presence of a representative of the District Child Protection Unit once a month.

(4) All such complaints shall be forthwith presented before the Judicial Magistrate of First Class nearest to the Child Care Institution and copies thereof shall be forwarded to the Board or the Committee.

(5) The Judicial Magistrate shall get the case investigated by the Child Welfare Police Officer concerned and take appropriate measures on receipt of a complaint.

(6) The Board or the Committee may consider transferring the child to another Child Care Institution in the best interest of the child who has made the complaint or who has been subjected to corporal punishment.

(7) Where the Judicial Magistrate First Class finds that the management of the institution is not cooperating with the inquiry or complying with the orders of the court under sub-section (3) of section 82 of the Act, the Judicial Magistrate First Class will either take cognizance of the offence himself or direct the registration of FIR and proceed against the person in-charge of the management of the institution.

(8) Where the Board or the Committee or the State Government issues any directions to the management of the institution in respect of any incident of corporal punishment in the child care institution, the management shall comply with the same.

(9) In the event of non-compliance, the Board on its own or on the complaint of the Committee or the State Government shall direct the registration of an FIR under sub-section (3) of section 82 of the Act.

(10) Where a person has been dismissed from service or debarred from working directly with children or is convicted of an offence of subjecting a child to corporal punishment under sub-section (2) of section 82 of the Act, he shall stand disqualified from any further appointment under the Act and the rules.

CHAPTER IX

MISCELLANEOUS

Rule - 61. Duties of the Person-in-charge of a Child Care Institution.-

(1) The primary responsibility of the Person-in-charge is of maintaining the Child Care Institution and of providing care and protection to the children.

(2) The Person-in-charge shall stay within the premises to be readily available as and when required by the children or the staff and in case where an accommodation is not available in the premises, he shall stay at a place in close proximity to the Child Care Institution till such time such accommodation is made available within the premises of the Child Care Institution.

(3) The general duties and functions of the Person-in-charge shall include, to:-

(i) ensure compliance with the provisions of the Act and the rules and orders made thereunder;

(ii) ensure compliance with the orders of the Board or the Committee or the Children?s Court;

(iii) provide homely and enabling atmosphere of love, affection, care and concern for children;

(iv) strive for the development and welfare of the children;

(v) supervise and monitor discipline and well-being of the children and the staff;

(vi) plan, implement and coordinate all activities, programmes and operations, including training and treatment programmes or correctional activities as the case may be;

(vii) segregate a child suffering from contagious or infectious diseases on the advice of the medical officer of the institution or a doctor under whom the child?s treatment is going on;

(viii) segregate a child wherever required;

(ix) ensure observance and follow-up of daily routine activities;

(x) organize local and national festivals in the home;

(xi) organize trips or excursions or picnics for children;

(xii) send a list of children in Form 40 in the Child Care Institution to the Board or the Committee, as the case may be, every week and bring to the notice of the Board or the Committee, if no date is given for the production of any child before the Board or the Committee;

(xiii) allocate duties to personnel;

(xiv) maintain standards of care in the Child Care Institution;

(xv) ensure proper storage and inspection of food stuffs as well as food served;

(xvi) maintain the buildings and premises of the Child Care Institution;

(xvii) maintain proper hygiene in the home;

(xviii) provide accident and fire preventive measures, disaster management within the premises and also keep first aid kit;

(xix) make stand-by arrangements for water storage, power back-up, inverters, generators;

(xx) ensure careful handling of equipment;

(xxi) employ appropriate security measures;

(xxii) conduct periodical inspections, including daily inspection and rounds of the Child Care Institutions;

(xxiii) take prompt action to meet emergencies;

(xxiv) ensure prompt, firm and considerate handling of all disciplinary matters;

(xxv)ensure proper and timely maintenance of the case files;

(xxvi) maintain all records and registers required under the Act and these rules;

(xxvii) prepare the budget and maintain control over financial matters;

(xxviii) organise the meetings of the Management Committee set up under rule 39 of these rules and provide necessary support;

(xxix) ensure monthly verification of all records and registers by the Management Committee set up under rule 39 of the rules;

(xxx)mobilise resources for improvement of services within Child Care Institution by liasing and networking with local organisation and individuals:

(xxxi) liaise, co-ordinate and co-operate with the State Child Protection Society and the District Child Protection Unit as and when required;

(xxxii) co-ordinate with the legal cum Probation Officer in the District Child Protection Unit or the District or State Legal Services Authority to ensure that every child is legally represented and provided free legal aid and other necessary support.

(xxxiii) ensure the production of the child before the Board or the Committee or the Children?s Court on the date of such production and to ensure that the dates for the said purpose are recorded.

(4) The Person-in-charge shall inspect the Child Care Institution as often as possible but not less than twice a day. He shall make a record of the timings of his inspection and also note his observations in a separate book maintained for the purpose, especially with regard to:

(i) maintenance of hygiene and sanitation including personal hygiene of children and hygienic maintenance of toilets,

(ii) maintenance of order,

(iii) quality and quantity of food,

(iv) hygienic maintenance of food articles and other supplies,

(v) hygiene in the medical centre and provisions for medical care,

(vi) behaviour of the children and staff,

(vii) security arrangements, and

(viii) maintenance of files, registers and books.

(ix) act as child's guardian in matters related to child's enrolment or admission in formal school or open school or any institute of vocational training, in cases where child's biological parents or legal guardian is not available.

(5) Anything irregular that comes to the notice of the Person-in-charge shall be enquired into and resolved and the date, time and nature of the action taken shall be noted in the book.

(6) Where a problem of urgent nature has not been resolved within two working days, the Board or the Committee or the District Child Protection Unit shall be informed.

(7) In case the Person-in-charge is on leave or otherwise not available, the duties of the Person-incharge shall be performed by the Child Welfare Officer as designated by the Person-in-charge.

Rule - 62. Duties of the Child Welfare Officer or Case Worker.-

(1) Every Child Welfare Officer or Case Worker in the Child Care Institution shall carry out all directions given by the Board or the Committee or the Children?s Court.

(2) The Child Welfare Officer or Case Worker shall establish linkages with voluntary workers and organisations to facilitate rehabilitation and social re-integration of the children and to ensure the necessary follow up.

(3) The Child Welfare Officer or Case Worker available in the Child Care Institution at the time of receiving a child shall interact with the child received with a view to put the child at ease and befriend him and shall supervise the process of receiving of the child.

(4) On receipt of information from the police or Child Welfare Police Officer or on arrival of a child in the Child Care Institution, the Child Welfare Officer or Case Worker shall forthwith conduct social investigation of the child through personal interviews with the child and his family members, social agencies and other sources, inquire into antecedents and family history of the child and collect such other material as may be relevant, and submit the Social Investigation Report to the Board or the Committee(Form No. 22) or the Children?s Court(Form No. 6), within fifteen days.

(5) All the children in the Child Care Institution shall be assigned to a Child Welfare Officer or Case Worker and such Child Welfare Officer or Case Worker shall be responsible for the child assigned to him in all respects viz. care and development of the child, reporting to the Board or the Committee or the Children?s Court about the child or maintaining the child?s record in the Child Care Institution.

(6) Upon assignment of the child to a Child Welfare Officer or Case Worker, the Child Welfare Officer or Case Worker shall:

(i) Prepare the case file of the child;

(ii) Prepare the case history of the child;

(iii) Maintain the Protective Custody Card;

(iv) Prepare and maintain the medical record of the child and ensure that the treatment of the child is not interrupted or neglected;

(v) Meet the child every day to ensure his safety, welfare and development; assist the child to adjust to the life in the Child Care Institution. A newly received child shall be met more often than once a day;

(vi) Gather information about the child within the initial five days to ascertain the child?s education, vocational status and aptitude and emotional status;

(vii) Have the necessary medical or mental tests, assessments and examinations of the child conducted;

(viii) Study the reports and prepare in consultation with the child and his family members, an individual care plan for the child in Form 7 for the period pending inquiry, to be placed in the case file of the child. The Child Welfare Officer or Case Worker may consult the counsellor, psychologists or such other person as he deems fit in this regard and shall update the case file accordingly;

(ix) In keeping with the individual care plan, a daily routine shall be developed for the child and explained to him;

(x) Ensure that the child adheres to the routine activities so developed and take timely reports from the House Father or House Mother, as the case may be, or any caregivers in this respect;

(xi) Review periodically the implementation and effectiveness of the individual care plan and if necessary, suitably modify the individual care plan in Form 7 and/or the routine activities of the child with the approval of the Management Committee;

(xii) Resolve the problems of the child and deal compassionately with their difficulties in life in the Home;

(xiii) Participate in the orientation, monitoring, education, vocational and rehabilitation programmes in respect of the child and attend parent teacher meetings in schools in respect of children assigned to them;

(xiv) Attend proceedings of the Board or the Committee or the Children?s Court and furnish all information and file all reports that may be called for;

(xv) On receiving the copy of the order of declaration of age, to make the necessary changes in the record as regards the age of the child if any change is required and to place the copy of the said order in the case file of the child;

(xvi) Participate in the pre-release programme and help the child to establish contact which can provide emotional and social support to the child after the release;

(xvii) Maintain contact with the children after their release through follow up at least once a month for the first six months post release, extend help and guidance to them and place the report of such follow-ups in the case file of the child;

(xviii) Visit regularly the residence of the child under their supervision and also places of employment or school attended by such child and submit fortnightly reports or as otherwise directed;

(xix) Accompany the child wherever possible from the Board or the Committee or the Children?s Court to Child Care Institution as the case may be;

(xx) Maintain record of the next date of production of the child before the Board or the Committee or the Children?s Court or for medical treatment and ensure the production of the child before the Board or the Committee or the Children?s Court or for medical treatment on the said date;

(xxi) Maintain the registers as may be specified from time to time;

(xxii) Any other duty assigned by the Person-in-charge of the Child Care Institution.

(7) The Child Welfare Officer or Case Worker who has been assigned the duty of verifying the daily cleaning in the premises of Child Care Institution shall do so twice a day, one after the morning cleaning and the other after the evening cleaning. The Child Welfare Officer or Case Worker shall make a note of the same in the House-keeping register.

(8) The Child Welfare Officer or Case Worker who has been assigned the duty of verifying the daily cooking shall make a note of the same in the Meals Register, in respect of every meal.

Rule - 63. Duties of the House Mother or House Father.-

(1) Every house father or house mother shall abide by the directions of the Person-in-charge.

(2) The general duties, functions and responsibilities of a house father or house mother shall be as follows:

(i) handle every child in the Child Care Institution with love and affection;

(ii) take proper care of the child and ensure his welfare;

(iii) provide each child upon his reception with all necessary supplies like clothing, toiletries and such other items required for daily usage.;

(iv) replenish the provisions or supplies as per scale and need of the child;

(v) maintain discipline among the children;

(vi) prevent bullying and any kind of abuse on younger children by older children;

(vii) ensure that the children maintain personal cleanliness and hygiene;

(viii) look after maintenance, sanitation and maintain hygienic surroundings;

(ix) implement the daily routine of every child in an effective manner and ensure the participation of the children;

(x) ensure in cases of children who are undergoing treatment that they take medicines as prescribed by the medical officer or the doctor;

(xi) immediately report to the counsellor or doctor, as the case may be, of any noticeable change in child?s behavioural pattern or symptoms indicative of any abuse or assault or disease found on child's body;

(xii) look after safety and security arrangements in the Child Care Institution;

(xiii) escort the children whenever they go out of the Child Care Institution for purposes other than production before the Board or the Committee or the Children?s Court;

(xiv) report to the Person-in-charge and to the Child Welfare Officer about the child assigned to the Child Welfare Officer;

(xv) maintain the registers, relevant to their duties; and

(xvi) any other duty as may be assigned by the Person-in-charge of the Child Care Institution.

Rule - 64. Duties of a Probation Officer.-

(1) On receipt of information from the Police or Child Welfare Police Officer under clause (ii) of sub-section (1) of section 13 of the Act, without waiting for any formal order from the Board, the Probation Officer shall inquire into the circumstances of the child as may have bearing on the inquiry by the Board and submit a social investigation report in Form 6 to the Board.

(2) The social investigation report should provide for risk assessment, including aggravating and mitigating factors highlighting the circumstances which induced vulnerability such as traffickers or abusers being in the neighbourhood, adult gangs, drug users, accessibility to weapons and drugs, exposure to age inappropriate behaviours, information and material.

(3) The Probation Officer shall carry out the directions given by the Board and shall have the following duties, functions and responsibilities:

(i) To conduct social investigation of the child in Form 6;

(ii) To attend the proceedings of the Board and the Children?s Court and to submit reports as and when required;

(iii) To clarify the problems of the child and deal with their difficulties in institutional life;

(iv) To participate in the orientation, monitoring, education, vocational and rehabilitation programmes;

(v) To establish co-operation and understanding between the child and the Person- in-charge;

(vi) To assist the child to develop contacts with family and also provide assistance to family members;

(vii) To participate in the pre-release programme and help the child to establish contacts which could provide emotional and social support to the child after release;

(viii) To establish linkages with Probation Officers in other Districts and States for obtaining social investigation report, supervision and follow-up.

(ix) To establish linkages with voluntary workers and organisations to facilitate rehabilitation and social reintegration of children and to ensure the necessary follow-up;

(x) Regular post release follow-up of the child extending help and guidance, enabling and facilitating their return to social mainstreaming;

(xi) To prepare the individual care plan and post release plan for the child;

(xii) To supervise children placed on probation as per the individual care plan;

(xiii) To make regular visits to the residence of the child under his supervision and places of employment or school attended by such child and submit periodic reports as per Form 10;

(xiv) To accompany children where ever possible, from the office of the Board to the observation home, special home, place of safety or fit facility as the case may be;

(xv) To evaluate the progress of the children in place of safety periodically and prepare the report including psycho-social and forward the same to the Children?s Court;

(xvi) To discharge the functions of a monitoring authority where so appointed by the Children?s Court;

(xvii) To maintain a diary or register to record his day to day activities such as visits made by him, social investigation reports prepared by him, follow up done by him and supervision reports prepared by him;

(xviii) To identify alternatives of community services and to establish linkages with voluntary sector for facilitating rehabilitation and social reintegration of children; and

(xix) Any other task as may be assigned.

Rule - 65. Rehabilitation-cum-Placement Officer.-

(1) A Rehabilitation-cum- Placement Officer shall be designated in all Child Care Institutions, including place of safety.

(2) The Rehabilitation-cum-Placement Officer may have a Masters Degree in Social Work or Human Resource Management and at least three years experience in the field of rehabilitation, employment creation and resource mobilisation.

(3) The Rehabilitation-cum- Placement Officer to perform the following functions:

(i) Identify the skills and aptitude of the children placed in Child Care Institutions through appropriate mechanism and in consultation with the Child Welfare Officer, Case Worker, Counsellor and Vocational instructor;

(ii) Identify and develop linkages with all such agencies that offer vocational and training services with job placement at the end of the course;

(iii) Network with persons, corporates, recognised non-governmental organisations and other funding agencies to mobilise resources for sponsoring training program and support for self-employment;

(iv) Facilitate and coordinate with agencies, individuals, corporates, recognised non-governmental organisations and other funding agencies to set up vocational training units or workshops in Child Care Institutions as per age, aptitude, interest and ability;

(v) Mobilise voluntary vocational instructors who render services to carry out the training sessions in the Child Care Institutions;

(vi) Inculcate entrepreneurial skills and facilitate financial and marketing support for self-employment;

(vii) Prepare rehabilitation plans keeping in mind the nature of the offence and the personality traits of the child;

(viii) Maintain the Rehabilitation Card in Form 14 and monitor the progress made by the child on regular basis and submit such progress reports to the Management Committee;

(ix) Facilitate the child to get certificates on completion of the education or vocational training courses;

(x) Make efforts for ensuring effective placement of each eligible and trained child;

(xi) Organise workshops on Rehabilitation programmes and services available under Central and State Government Schemes, spread awareness and facilitate access to such schemes and services;

(xii) Organise workshops on personality development, life skill development, coping skills and stress management and other soft skills to encourage the child to become a productive and responsible citizen; and

(xiii) Conduct regular visits to the agencies where the children are placed to monitor their progress and provide any other assistance as may be required.

(xiv) Maintain and update records of children?s progress regarding vocational training and placement.

Rule - 66. Staff Discipline.-

(1) Any dereliction of duty, violation of rules and orders shall be viewed seriously and strict disciplinary action shall be taken or recommended by the Person-in-charge against the erring officials.

(2) No staff of the Child Care Institution shall be present at an unauthorised location within the Child Care Institution.

(3) No staff of the Child Care Institution shall bring any prohibited article into the Institution.

(4) No staff of the Child Care Institution shall consume any addictive substances like liquor, bidi, cigarette, tobacco or any other psychotropic substance within the premises of the Child Care Institution, whether on duty at the relevant time or not or shall report for duty under the influence of any intoxicating substance.

(5) No staff of the Child Care Institution shall sell or let for gain any article to any child or have any business dealings with such child or his parent or guardian.

(6) No staff of the Child Care Institution shall use any abusive or vulgar language or discuss age inappropriate topics or watch pornographic material or read obscene literature in the premises of the Child Care Institution.

Rule - 67. Security measures.-

(1) Adequate number of security personnel shall be engaged in every Child Care Institution keeping in mind the category of children housed in the Child Care Institution, age group of children and the purpose of the Child Care Institution and the risk factor to and from the child.

(2) While engaging security personnel, preference shall be given to ex-servicemen recruited through the Directorate General of Resettlement or agencies recommended by them.

(3) In Child Care Institutions housing girls, female security guards would be provided for the security inside the Child Care Institution and male security guards may be engaged for the security of the Child Care Institution from outside.

(4) Security personnel should also be available in reserve for any emergency situation.

(5) The Person-in-charge shall ensure that appropriate security measures are employed at all times, including the following:

(6) There shall be sufficient number of guards at all times in different shifts to be posted at the points to be identified by the Person-in-charge in consultation with security in-charge and the Department responsible for deployment of guards.

(7) Any child, who complains of a medical problem or any other problem at night, shall report to the caregiver concerned. The caregiver shall take such necessary steps as may be required and in case of emergency shall inform the medical officer concerned or the Person-in-charge as the need may be, who shall immediately take appropriate steps.

(8) A duty roster shall be prepared and displayed at some prominent place in the premises of the Child Care Institution by the Person-in-charge.

(9) Every caregiver or other staff of the Home, if he comes to know of any incident or probability of unrest amongst the children, shall bring the same to the notice of the Person-in-charge without any loss of time, who shall take necessary steps as the situation demands and shall inform the Board or the Committee of such information or incident as well as the steps taken by him, in writing.

(10) The Person-in-charge shall make surprise visits to the Child Care Institution during the night as frequently as possible, but not less than once a week. He shall make a record of the timings of his visit and also note his observations in the register maintained by him in that regard.

(11) In a case of disturbance outside the Child Care Institution, the shift in-charge shall immediately inform the police station concerned.

(12) In a case of violence or disturbance inside the Child Care Institution, the shift in-charge shall take assistance of the police with the permission of the Person-in-charge. The shift in-charge shall first issue a warning to the children.

(13) In case of a natural disaster or fire or any such calamity, the shift in-charge shall take suitable steps for evacuation and safety of the children as per the Disaster Management Protocol as developed by the State Disaster Management Authority for Child Care Institutions.

(14) To prepare the officers, children and guards to follow the above steps, a practice drill shall be held once a month, without previous notice by the Person-in-charge.

(15) Closed Circuit Television cameras may be installed at all key points such as all entry and exit points to the Child Care Institution, reception, corridors, kitchen, pantry or store room, dormitories, entry and exit points of the washrooms with due regard to the privacy and dignity of the children.

(16) Adequate number of scanners and metal detectors may be provided in every Child Care Institution.

Rule - 68. Searches and Seizures.-

(1) The Person-in-charge or other authorised functionary of the Home may conduct searches if required, and seize prohibited articles, if found.

(2) The procedure in case of seizures shall be as under:

(i) any prohibited article found as mentioned in sub-rule 70, found during the search, shall be seized by the Person-in-charge and a list of such seizure prepared;

(ii) in case of arms, weapons, articles capable of being used as weapons or tools for criminal activities or addictive substances being found from a child or dormitory, the Person-in-charge shall conduct an inquiry to ascertain the presence of such articles and the persons responsible for such act;

(iii) the Person-in-charge shall furnish his report in this respect to the police and inform the Board or the Committee at the earliest;

(iv) the Board may initiate appropriate action upon such report or on the report forwarded by the Committee for disposal of the seized articles;

(v) the State Government shall take appropriate action against the person responsible, if such person is an officer of the Child Care Institution or against the agency through whom the said person has been engaged or the Child Care Institution;

(vi) the child responsible shall be dealt with in accordance with the Act and the rules made thereunder.

(3) All the articles seized shall be destroyed or disposed of having regard to the nature of the articles, on the orders of the competent court, after being satisfied that the seized articles are not required in any inquiry or departmental action against any officer or in any criminal investigation and proceedings.

Rule - 69. Institutional Management of Children.-

(1) Every child shall be received by the Person-in-charge of the Child Care Institution or such other official duly authorised by the Person-in-charge to receive a child, referred to as the Receiving Officer.

(2) The Receiving Officer shall satisfy himself as regards the identity of the child and in case of any doubt, the Receiving Officer shall promptly inform the Person-in-charge who shall forthwith inform the Board or the Committee and produce the child before the Board or the Committee without any delay.

B. Types of Stay at the Child Care Institution.-

(1) In case of children in conflict with law, there are three types of stay of children at the Child Care Institution:

(2) protective custody;

(3) overnight protective stay;

(4) rehabilitation stay.

(5) In case of children in need of care and protection, there are two types of stay of children at the Child Care Institution:

(6) overnight protective stay;

(7) rehabilitation stay.

C. Protective Custody.-

(1) A Protective Custody Card in Form 41 duly signed by the Board or a custody warrant duly signed by the Children?s Court is required for such stay.

(2) Duration of such stay shall be as directed by the Board or the Children?s Court and as extended from time to time by them.

(3) Such a stay shall be during the pendency of the inquiry.

D. Overnight Protective Stay.-

(1) The purpose of the stay is to provide shelter to the child and prevent his being kept overnight at the police station or at any other unsuitable place by providing an alternative.

(2) Such stay may be only after 20:00 hrs in the night and till14:00 hrs on the following day.

(3) A child shall be permitted to stay at the Child Care Institution for one night on an application seeking overnight protective stay of the child moved by the Child Welfare Police Officer in writing to the Receiving Officer. The application shall be accompanied with a copy of the relevant documents showing the circumstances in which the child was apprehended or found and the medical condition of the child.

(4) Upon being satisfied about the identity of the child, the child may be received by the Receiving Officer and Form 42 shall be filled in triplicate. One copy of the form shall be retained as record of the Child Care Institution, one copy shall be handed over to the Child Welfare Police Officer and the third copy shall be forwarded to the Board or the Committee concerned for their record.

(5) The child shall be handed over to the charge of the Child Welfare Police Officer the next day at the time stated in the form under receipt by the said Child Welfare Police Officer in the copy of the form.

(6) In case of the Child Welfare Police Officer not taking the charge of the child at the designated time, the child shall be produced before the Board concerned or the Committee by the Person-in-charge of the Child Care Institution with a report stating such fact.

(7) The particulars of the child shall be entered in the admission and discharge register, noting that the child has been received for overnight protective stay.

(8) The child shall be searched physically and all his personal belongings, if any that are found, shall be handed over to the Child Welfare Police Officer who has produced the child and who shall seize the articles and furnish a copy of such seizure to the Receiving Officer.

(9) The child shall be provided food to eat and drink, if the child is hungry, irrespective of the time of receiving such child.

(10) The child shall be placed for the night in the reception dormitory or the segregation unit as the case may be.

E. Rehabilitation Stay.-

(1) A child may be sent to the Children?s Home by the Committee for such a stay and to the special home or the place of safety by the Board or the Children?s Court.

(2) The child shall be issued the Rehabilitation Card in Form 14 which shall state the duration of stay of the child, unless the duration is shortened by a specific order in that respect by the Board or the Committee or the Children?s Court.

F. Procedure to be adopted at the time of receiving the child.-

(1) The Receiving Officer shall follow the following procedure at the time the child is received:

(i) a full personal description of the child shall be entered in the admission and discharge register. In case of rehabilitation stay, the date of release of the child shall also be noted;

(ii) the child shall be searched after explaining the requirements and the process, and with due regard to decency and dignity and all the personal belongings shall be dealt with as stated in rule 72 of these rules. A girl child shall be searched only by a female member of the staff;

(iii) the child shall be provided food to eat and drink if the child is hungry, irrespective of the time of receiving such child;

(iv) the child shall be provided medical care in case of ill-health, injury, mental ailment, disease or addiction requiring immediate attention;

(v) the child shall be segregated in specially earmarked dormitory or ward or hospital in case he is suspected to be suffering from contagious or infectious disease requiring special care and caution;

(vi) the child shall be asked about any immediate and urgent needs like appearing in an examination or interview, contacting family members. A note of the same or of the fact that no such need is present shall be made by the Receiving Officer and put up before the Child Welfare Officer or Case Worker to whom the child is assigned. The said note shall be placed in the case file of the child.

(2) Every child received in the Child Care Institution shall be kept for the first fourteen days of his stay in the reception dormitory made specifically for the purpose or the segregation unit, so that the child adjust to the life in the Child Care Institution.

G. Procedure to be adopted after the child is received.-

(1) The following procedure shall be adopted on the same day or the next day if the child is received in the night:

(i) photograph of the child shall be taken. One photograph shall be kept in the case file of the child and another shall be fixed on the index card with the particulars of the child. A copy shall be kept in an album serially numbered and a copy of the photograph shall be sent to the Board or the Committee as well as to the District Child Protection Unit and be uploaded on the designated portal set up for the purpose;

(ii) the child may have a bath and be provided fresh clothes. The caregiver shall issue the child toiletry items, new sets of clothes, bedding and other outfit and equipment as per rule 30 of these rules, a list of which shall be kept in his case file. The provisions will be replenished from time to time as per rule 30 of these rules;

(iii) the Child Welfare Officer or Case Worker shall familiarise every newly admitted child with the Child Care Institution and its functioning, particularly in the following areas:-

(iv) personal health, hygiene and sanitation;

(v) discipline of the Child Care Institution and code of behaviour;

(vi) daily routine activities and peer interaction; and

(vii) rights, responsibilities and obligations within the Child Care Institution.

(viii) the child shall be examined by the medical officer, who shall record the state of health of the child, and of any wound or mark on his person and any other observation which the medical officer thinks fit and a copy of which shall be placed in the medical record of the child;

(ix) a Child Welfare Officer or Case Worker shall be assigned to the child by the Person-in-charge.

H. Procedure to be adopted during the first fourteen days of receiving the child.-

(1) The assigned Child Welfare Officer or Case Worker shall interact with the child as often as possible.

(2) Within two days of the receipt of the child, if required, he may be examined by a panel of doctors to understand his physical, medical, psychological state and his state of addiction, if any, for assessment of his personality and requirements to assist in the rehabilitation plan to be prepared for him.

(3) The Child Welfare Officer or Case Worker assigned to the child shall also interact with the family members of the child, where available. A case history in Form 43 shall be prepared and maintained in the case file of the child. Information for the same may be collected through all possible and available sources including the parents or guardians, home, school, friends, employer and community of the child.

(4) The Child Welfare Officer or Case Worker shall assess the educational level and vocational aptitude of the child on the basis of tests and interviews, conducted with the assistance of other technical staff. Necessary linkages, in this respect, shall be established with outside specialists and community based welfare agencies, psychologist, psychiatrist, child guidance clinic, hospital and other Government and nongovernmental organisations.

I. Procedure to be adopted on the expiry of the first fourteen days.-

(i) The child shall be shifted to one of the regular dormitories and assigned a specific bed, cabinet and study table in that dormitory.

(ii) Assignment of the dormitory shall be done on the basis of:

(iii) age;

(iv) nature of offence committed by or against the child;

(v) physical and mental status of the child;

(vi) children, requiring special care, shall be kept in a different dormitory.

(vii) An individual care plan in Form 7 of the child shall be prepared by the Child Welfare Officer or Case Worker on the basis of the child's case history, education and vocational aptitude. In case of rehabilitation stay, the care plan shall be formulated for the complete period of the stay and shall necessarily include any and all directions given by the Board or the Committee or the Children?s Court towards the rehabilitation including bridge courses, formal, informal or continuing education.

(viii) The Child Welfare Officer or Case Worker shall review the individual care plan and note his opinion in the rehabilitation card in Form 14 on the basis of his own observations, interaction with the child and his teachers or instructors and the feedback received from the house father or house mother.

(ix) The Child Welfare Officer or Case Worker shall also maintain a record of any difficulty faced by the child during his stay at the Child Care Institution with a note of the steps taken to resolve the difficulty.

(x) The Child Welfare Officer or Case Worker shall similarly keep a record of the complaints made by the child with regard to the facilities in the Child Care Institution with a note of the steps taken thereon.

(xi) The individual care plan shall be reviewed every fortnight during the initial three months and thereafter, every month. A report of its effectiveness or inadequacy shall be prepared with reasons for such opinion.

J. Procedure to be adopted after three months.-

(1) The progress of the child shall be examined, with specific reference to the aims and targets noted in the individual care plan for the child. The progress of the child shall be reviewed and noted in the rehabilitation card in Form 14.

(2) The quarterly progress report shall be placed before the Management Committee for perusal and consideration.

(3) After deliberation by the Management Committee, the individual care plan shall be appropriately modified. The routine of the child and the approach towards rehabilitation of the child shall also be suitably modified. Record of such modified care plan and daily routine shall be maintained in the case file of the child. The progress shall be reviewed and recorded in the rehabilitation card in Form 14.

K. Pre-release planning.-

(1) A well-conceived programme of pre-release planning and follow up of cases discharged from Children?s Homes, special homes and places of safety shall be organised in all institutions as per the directions of the Board or the Committee or the Children?s Court.

(2) In the event of a child leaving the Child Care Institution without permission or committing an offence within the institution, the information shall be sent by the Person-in-charge to the police and the family, if known; and the detailed report of circumstances along with the efforts to trace the child if the child is missing, shall be sent to the Board or the Committee or the Children?s Court, as the case may be.

L. Daily Routine in the Child Care Institution.-

(1) Every child shall obey the order of an officer of the Child Care Institution or house representative and shall remain under discipline.

(2) Every institution shall have a daily routine for the children in consultation with the Children?s Committee, which shall be prominently displayed at various places within the institution.

(3) The daily routine shall include, inter alia, for a regulated and disciplined life, personal hygiene and cleanliness, physical exercise, yoga, educational classes, vocational training, organised recreation and games, moral education, group activities, prayer and community singing and special programmes for Sundays and holidays.

M. Behaviour of the Child.-

(1) The children in the Child Care Institution will be oriented and trained to follow the rules and standards of good behaviour.

(2) Every unacceptable behaviour shall be taken note of by the Children?s Committee and the child found in violation of rules may be made to give an explanation. The Children?s Committee may recommend appropriate action to the Person-in-charge. A copy of the report containing the description of the incident and the action taken thereupon shall be submitted to the Board or the Committee or the Children?s Court by the Person-in-charge within twenty-four hours. A copy of same shall also be placed before the Management Committee for planning a long term strategy for prevention of such incidents.

(3) A copy of the report shall be kept in the case file of the child concerned.

(4) The Person-in-charge may deal with the violation appropriately giving due consideration to the recommendation of the Children?s Committee and the safety and dignity of the child.

(5) The Person-in-charge may seek the assistance of the counsellor or the Child Welfare Officer or Case Worker, any non-governmental organisation associated with the Child Care Institution in dealing with the situation.

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