WEST BENGAL JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) RULES, 2017

 

PREAMBLE

In exercise of the powers conferred by sub-section (1) of section 110 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), The Governor is hereby pleased to make the following Rules, namely The West Bengal Juvenile Justice (Care and Protection of Children) Rules 2017.

CHAPTER I PRELIMINARY

Rule - 1. Short title and commencement.

(1)     These rules may be called The West Bengal Juvenile Justice (Care and Protection of Children) Rules, 2017.

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

Rule - 2. Definitions.

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

CHAPTER IIJUVENILE JUSTICE BOARD

Rule - 3. Board.

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

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, 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 these rules and as provided in section 4(4) of the Act.

(3)     The social worker members shall not be less than thirty five years of age and not above sixty seven years of age and shall have at least seven years of experience of working with children in the field of education, health, or welfare activities, or should be a practicing professional with a degree in child psychology or psychiatry or sociology or in the field of law.

(4)     As far as possible, the two social worker members so selected for a Board shall be from different fields.

(5)     All members of the Board including the Principal Magistrate shall be given induction training and sensitisation 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 be more than for a period of three years from the date of appointment and such appointment shall be co-terminus with the term of the board.

(2)     A social worker member of the Board shall be eligible for appointment of maximum of two terms, which shall not be continuous subject to the provision laid down in rule 88 (6).

(3)     The members may resign at any time, by giving one month's notice in writing to the State Government or may be removed from his/her office as section 4 (7) of the Act.

(4)     Any vacancy in the Board shall be filled by appointment of another person from the panel of names prepared by the Selection Committee and the members so appointed shall hold office for the remaining term of the board of the member whose place he fills.

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 or at a suitable place as decided by the State Government and in no circumstances shall the Board operate from within any court or of correctional home 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 in consultation with social workers 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:

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 first hearing before the Board. A police officer of SJPU preferably not below the rank of Sub-inspector should apprehend the child. In case of a female child, a male police officer needs to be accompanied by a woman.

(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 inform the parents/guardians to carry out self- identity proof.

(iii)     a Child Welfare Officer or a Case Worker or a Para Legal Volunteer, 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:

(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 without stigmatizing the child 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, Women Police Stations Child Welfare Officers, Probation Officers, Para Legal Volunteers, District Legal Services Authorities DSWO, DCPO, Chairpersons and members of CWC, all registered CCIs, monitoring 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, interpreters 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 for the police or Special Juvenile Police Unit or the Child Welfare Police Officer or Case Worker or person through DCPU 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. In no case, the child should be kept in a police lock up or police station at night.

(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, provided explanation submitted by the custodian of the CCL is not satisfactory or logical, then the Board may conduct an inquiry against the custodian, and if necessary, the Board may send the same report to the appropriate forum of the district for initiation of proceedings against the custodian of 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.

(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.

(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 question/interrogate the child and proceed with the presumptions in favour of the child. The Board shall follow the principles highlighted in Section 3(iii) & Section 3 (viii) of the Act while dealing with 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 - 10A. 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, in consultation with the Chief Medical Officer (Health) of the district or Superintendent of Government Hospital of the concerned area of incidence, 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 transfer the case to the Children's Court as per Section 18 (3) of the Act and 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, incases 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. The Board shall take into account the positive measures of Section 3 (vii) of the Act and Section 18 (2) of the Act while passing dispositional orders.

(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 non governmental organisation, 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:

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

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

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

(i)       Chief Judicial Magistrate or Chief Metropolitan Magistrate;

(ii)      District Magistrate of the concerned district and or Director, Child Rights and Trafficking, West Bengal for Kolkata district only.

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

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:

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

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 strict confidentiality should be maintained with respect to such records.

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 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 and as provided in section 27 of the Act.

(3)     The Chairperson and the members shall be above the age of thirty-five years and not above sixty seven years of age and shall have a minimum of seven years of experience of working with children in the field of education, health, or welfare activities, or should be a practicing professional with a degree in child psychology or psychiatry or social work or sociology or human development or in the field of law or a retired legal or judicial officer.

(4)     A member of the Committee shall be eligible for appointment of maximum of two terms.

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

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

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.

(2)     A visit to an existing Child Care Institution by the Committee shall be considered as a sitting of the Committee provided each visit is intimated to the District Magistrate and to Director of Child Rights & Trafficking in case of Kolkata.

(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.

(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.

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

(1)     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:

(2)     All information listed in clause (vii) of this rule may be digitized 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 or any single member of 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.

(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.

(4)     The Committee after interaction wherever possible 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.

(5)     The Committee or the member on duty shall issue the order for placing the child in Children's Home/Fit facility/Fit person/SAA 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, 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.

(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)     The committee shall facilitate filing of Police complaint and First Information Report in cases of violence, exploitation and abuse of children and arrange for required legal aid through the LPO in the DCPU or District Legal Services Authority or any other legal aid services. 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 previous 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.

(5)     The Individual Child Care Plan 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 as defined in subsection 15 of section 2 of the Act 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 a 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 in writing 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 West Bengal Task Force and Ministry of External Affairs for a no-objection certificate, contacting the counterpart Committee, or any other Non-Governmental 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, or of different jurisdiction, the Committee shall forward the age declaration, case file and the individual care plan to the Committee of the district concerned of different jurisdiction which shall likewise follow-up 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).

(29)   The Committee, after making inquiry as per the provisions of the Act, shall issue an order in Form 25 declaring the abandoned or orphan child as legally free for adoption and send the same information to the Authority.

(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:

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

(ii)      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.

(2)     The Committee shall submit a quarterly report to District Magistrate and to Director of Child Rights & Trafficking for Kolkata in Form 16 for review of pendency of cases.

(3)     The District Magistrate and Director of Child Rights & Trafficking in case of Kolkata 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, bye-laws, 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 sub-section (1) of section 41 of the Act in Form 28.

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

(5)     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, as per standards prescribed under Section 53 of the Act 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 41 of the Act.

(6)     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 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.

(7)     All institutions shall be bound to seek renewal of registration at least 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.

(8)     An application for renewal of registration of an institution maybe disposed of within sixty days from the date of receipt of application.

(9)     The decision on renewal of registration shall be based on the annual review done in the year in which the renewal is sought or based on any inspection report.

(10)   The State Government shall develop a model online system for receipt and processing of applications and grant or cancellation of registration.

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 new or fresh 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, basic health care, counselling, recreational and any other facility as the State Government may. Specify from time to time

(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 SFCAC and final order by CWC for a short or extended period of time. SFCAC shall consist of the following members.-

(a)      District Social Welfare Officer- Chairperson,

(b)      District Child Protection Officer- Member Convener,

(c)      Protection Officer (Non-Institutional Care)-Member,

(d)      Protection officer (Institutional Care)-Member,

(e)      Social Worker Member of JJB- Member,

(f)       Chairperson/Member, Child Welfare Committee- Member,

(g)      Representative of SAA/CCI - Member,

(h)     Representative of a Voluntary Organization working in the area of Child Protection with experience in restoration and family reunification – Member

(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 on recommendation of SFCAC Children in the age group of six years and above may be considered for placement in foster care in the circumstances mentioned in 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:

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

(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 through DCPU

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

Rule - 24. Sponsorship.

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

(1a) While providing sponsorship, priority shall be given to child victims of human trafficking, rescued child labor, abused children and any other vulnerable child, CCL.

(2)     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 to the SFCAC.

(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 through SFCAC.

(5)     The Board or the Committee or the Children's Court may suo-moto, 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 in consultation with concerned committees on After Care.

(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, through the concerned committees on After Care, 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:

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 along with the norms laid down in the Integrated Child Protection Scheme.

(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 maybe fixed on the basis of capacity of the institution and may 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 indoor 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 work in a Child Care Institution on regular basis without police verification.

(7)     The suggested staffing pattern for an institution with a capacity of 100 children may be as below:

(8)     In case of institutions housing infants, provision for ayahs and paramedical staff shall be made as per need or as per the Integrated Child Protection Scheme.

(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.

(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. In case of a female child and visitor, the frisking to be done by a female staff of the Home.

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, 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:

(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)     A decision on the application 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 application.

(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:

The services to be provided by the fit facility may include.

(11)   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:

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

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

(9)     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.

(10)   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. The Board or the Children's Court in such cases where the period of placement of the child may exceed thirty days, refer the matter to the Committee for further orders in respect of the child.

Rule - 29. Physical infrastructure.

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

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

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

(4)     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.

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

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

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

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

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

(10)   All institutions under the Act shall:

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

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

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

(1)     The clothing and bedding shall be as per the scale and climatic conditions and the norms laid down in the Integrated Child Protection Scheme. The requirements of each child and the minimum standards for clothing and bedding shall be as under:

(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:

(4)     Toiletry:

Every resident of the Child Care Institution shall be issued oil, soap and other material as per the following scale and also all toiletries shall be under the permissible usage time period

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

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

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

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.

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

Rule - 31. Sanitation and Hygiene.

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

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, within the fund made available for food under the Integrated Child Protection scheme, maintaining the procedures and formalities, namely:

 

(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:-

(7)     Meal Timing and Menu:

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

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

(8)     Others:

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 shall:

(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. The person-in-charge shall act as the guardian to give consent in this matter.

(6)     The State Government with support from the Department of Health and Family Welfare, 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 including hospitals and health care facilities.

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. In case of child in conflict with law, the Principal Magistrate may be approached to consider the case and allow the child to access the vocational training outside the premise of the home if need be

(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 and time (preferably for two hours)shall be made available for outdoor sports and games and specific time not less than two hours shall be allotted for outdoor activities in the daily routine.

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

(4)     Cultural event or sports competition maybe 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, internet facility strictly under supervision etc.

(6)     Space in the home shall be made available for gardening with technical input being given by a gardener to the children, preferably under the supervision of an expert in the field.

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

(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)       Home Management Committee of Govt. run CCIs

(ii)      Home Management Committee of Non-Govt. run CCIs

(iii)     In addition, based on the field reality/necessity the state government may appoint an advisor to the Home Management Committee.

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

(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 and shall be checked every week by representative from District Child Protection Unit in case of NGO run JJ Home and by District Social Welfare Officer or by his or her representative in case of GO run JJ Home as the case may be, 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 suggestion box shall be accessible by District Social Welfare Officer.

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. In case of exclusively CWSN, the children committee may not be able to function.

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

(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:-

(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 as follows.

State Level Inspection Committee

(2)     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 and submit report in Form 46.

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

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

(5)     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.

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

(7)     The District Inspection Committee shall comprise of following members:-

District Level Inspection Committee

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

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

(10)   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 there under.

(11)   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.

(12)   The District Child Protection Unit shall take necessary follow up action on the report of the District Inspection Committee.

(13)   Sub-divisional level inspection Committee consist of following.-

Rule - 42. Evaluation.

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

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

CHAPTER VII ADOPTION

Rule - 43. Adoption Related Reporting.

The Child Welfare Committees shall, furnish the data relating to children declared legally free for adoption and cases pending for decision to the Authority, SARA and respective District Magistrates 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.

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 to 18 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 pre-adoption 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.

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. Functions of the SARA.

SARA is the nodal authority for implementing, regulating, monitoring and providing financial support in activities related to Adoption in the State. All the SAAs shall submit reports to SARA, CARA and respective DCPUs.