DRAFT MODEL RULES, 2016 UNDER THE JUVENILE JUSTICE …

1 DRAFT MODEL RULES, 2016 UNDER THE JUVENILE JUSTICE ( care AND protection OF CHILDREN) ACT, 2015 GOVERNMENT OF INDIAMINISTRY OF WOMEN AND CHILD DRAFT MODEL RULES, 2016 UNDER THE JUVENILE JUSTICE ( care AND protection OF CHILDREN) ACT, 2015 GOVERNMENT OF INDIA MINISTRY OF WOMEN AND CHILD DEVELOPMENT DRAFT MODEL RULES, 2016 JUVENILE JUSTICE ( care AND protection OF CHILDREN) ACT, 2015 DEVELOPMENT 1 [To be published in the Gazette of India, Extraordinary, Part-II, section 3, sub-section (i) New Delhi,_____] MINISTRY OF WOMEN AND CHILD DEVELOPMENT NOTIFICATION New Delhi, _____ In exercise of the powers conferred by sub-sections of Section 110 of the JUVENILE JUSTICE ( care and protection of Children) Act, 2015, the Central Government hereby makes the following rules, namely:- CHAPTER - I PRELIMINARY title and commencement. (1) These rules may be called the JUVENILE JUSTICE ( care and protection of Children) Rules, 2016 .

2 (2) They shall come into force on the date of their publication in the Official Gazette. (1) In these rules, unless the context otherwise requires- (i) 'Act' means the JUVENILE JUSTICE ( care and protection of Children) Act, 2015; (ii) case worker is a representative from a registered voluntary or non-governmental organization who may accompany the child to the Board or the Committee and who may perform such tasks as may be assigned to him by the Board or the Committee or the Person-in-charge of the Child care Institution; (iii) Child Adoption Resource Information and Guidance System means an online system for facilitating and monitoring the adoption programme; (iv) 'Child Study Report means the report which contains details about the child, such as his date of birth and social background; (v) community service means service rendered to the society by children in conflict with law in lieu of or in addition to other judicial remedies and penalties, which is not dangerous, degrading and dehumanizing and with due protection of the identity of the child, Guidelines for community service may be notified by the State Government from time to time, Community service may include: a) cleaning a park; 2 b) serving the elderly; c) helping out at a local hospital or nursing home; and d) serving disabled children.

3 E) serving as traffic wardens or volunteers (vi) 'Form' means the form annexed to these rules; (vii) Home Study Report means a report containing details of the prospective adoptive parents or foster parents, and shall include social and economic status, family background, description of home and atmosphere therein, and health status; (viii) 'Individual care plan' is a comprehensive development plan for a child based on age specific and gender specific needs and the case history of the child, prepared in consultation with the child, in order to restore the child s self-esteem, dignity and self-worth and nurture him into a responsible citizen and accordingly the plan shall address the following, including but not limited to, needs of a child: a) Health needs, including any special needs; b) Emotional and psychological needs; c) Educational and training needs; d) Leisure, creativity and play; e) protection from all kinds of abuse, neglect and maltreatment; f) restoration and follow up g) Social mainstreaming (ix) Integrated Child protection Scheme means the scheme on child protection of the Central Government, (x) in country adoption means adoption of a child by a citizen of India residing in India; (xi) Medical Examination Report means the report in respect of a child given by a duly licensed physician; (xii) Person-in-charge means a person appointed for the control and management of the Child care Institution; (xiii) Rehabilitation cum Placement Officer means an officer designated in every Child care Institution for the purpose of rehabilitation of children; (xiv) 'Selection Committee' means a Committee appointed by the State government UNDER Rule 119 of these rules.

4 (xv) social background report means a report in relation to a child in conflict with law that sets out the information pertaining to the background of the child prepared 3 by the Child Welfare Police Officer; (xvi) social investigation report means a detailed report prepared in relation to a child and includes all information pertaining to the circumstances of the child, the situation of the child on economic, social and psycho-social and other relevant factors, and the recommendation thereon; (xvii) Social worker means a person with post graduate degree in Social Work, Sociology, Psychology, Child Development or a graduate with minimum ten years of experience in child education and development or protection issues, who is engaged by a Child care Institution or authorised by District Child protection Unit or State Child protection Society or State Adoption Resource Agency or Central Adoption Resource Authority for preparing social investigation report or individual care plan of the child, child study report, home study report of prospective adoptive parent or foster parents and care givers, rendering post-adoption services, and performing any other work assigned to such person; (xviii) 'State Child protection Society' means a Society constituted UNDER Section 106 of the Act.

5 CHAPTER - II CHILD IN CONFLICT WITH LAW 3. Composition of the JUVENILE JUSTICE Board: (Section 4 (2) of the Act) (1) A Magistrate with requisite experience of at least three years shall be designated as the Principal Magistrate of the Board and before taking charge as the Principal Magistrate of the Board, he shall undergo training as provided UNDER Rule 121 of these rules. (2) The two social workers, of whom at least one shall be a woman, shall be appointed by the State Government on the recommendation of the Selection Committee set up UNDER rule 119 of these rules. (3) The members shall have a minimum of 7 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. As far as possible, the two members so selected for a Board should belong to different fields.

6 (4) The person selected for the post of member should not: (i) have been previously convicted in any matter; 4 (ii) have been involved in any immoral act or in an act of violence or exploitation of children; (iii) be holding such full-time occupation that may not allow her/him to give necessary time and attention to the work of the Board as per the Act and rules; (iv) be associated with any Child care Institution, directly or indirectly, during his tenure as a member of the Board or have any other conflict of interest. (v) be affiliated to any political party, or (vi) be insolvent. (5) All persons, on selection shall mandatorily complete the training as provided in rule 121 of these rules before being appointed as a member of the Board, failing which the appointment will be cancelled. 4. Term of Members of the Board. (Section 4 (6) of the Act) (1) The members of the Board shall be appointed for a period of three years from the date of their appointment.

7 (2) A social worker member of the Board shall be eligible for appointment for a maximum of two terms. (3) Any extension of the tenure of members of the Board shall be on the basis of their performance appraisal by the District Judge as to their participation in the proceedings of the Board and progressive measures adopted for child welfare, rehabilitation and re-integration, and on the recommendation of a Selection Committee constituted for the purpose UNDER rule 119 of these rules. (4) The Members may resign at any time by giving one month's notice in writing to the State Government. (5) Any vacancy in the Board shall be filled by appointment of another person from the panel of names prepared by the Selection Committee as per rule 119 of these rules. 5. Sitting and conveyance allowances: (Section 7 (1) of the Act) (1) The social worker members of the Board shall be paid such sitting allowance, travel allowance and any other allowance, as the appropriate Government may prescribe, which shall not be less than ,000/-per sitting.

8 5 (2) The social worker members of the Board shall be entitled to one paid leave every month, where the Board holds its sittings for a minimum of 20 days in a month. (3) The Principal Magistrate of the Board shall ensure that at least one member is present, while sanctioning the leave application of a member of the Board (4) If a member is absent continuously for 2 weeks without prior sanction, his appointment will be liable to be cancelled. 6. Sittings of the Board: (Section 7 of the Act) (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 run UNDER the Act, and in no circumstances shall the Board operate from within any court or jail premises. (2) The Board shall ensure that no person/s un-connected with the case remains present in the room when the case is in progress. (3) The Board shall sit on all working days for a minimum of 6 hours commensurate with the working hours of a magistrate court, unless the case pendency is less in a particular district and the authority concerned issues an order in this regard.

9 Provided that 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. (4) A minimum of three-fourth attendance of the members of the Board is necessary in a year. (5) The members of the Board are expected to bring in their expertise while interacting with the child, considering the social investigation report, during preliminary assessment and evaluating the individual care plan and rehabilitation plan before making it a part of the dispositional order. (6) The decision of the Board regarding age, preliminary assessment and final disposition shall be taken by a majority including the Principal Magistrate. (7) The Board 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.

10 (8) When the Board is not in session, a child in conflict with law may be produced 6 before an individual member of the Board. For the said purpose one member of the Board shall always be available/ accessible to take cognizance of any matter of emergency and necessary directions required to deal with the emergency situation shall be given by such member to the Special JUVENILE Police Unit or the local police of the district. The Principal Magistrate shall draw up a monthly duty roster of the members who shall be so available and accessible every day, including on Sundays and holidays. The roster shall be circulated in advance to all the Police Stations, the Chief Judicial Magistrate/ Chief Metropolitan Magistrate, the District Judge, the District Magistrate, the Committees, the District Child protection Unit and the Special JUVENILE protection Unit. Each member shall be paid an appropriate allowance in keeping with the working hours on Sundays and holidays as mentioned in the roster.