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MINISTRY OF WOMEN AND CHILD DEVELOPMENT …

176 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II SEC. 3(i)]. MINISTRY OF WOMEN AND CHILD DEVELOPMENT . notification . st New Delhi, the 21 September, 2016. 898. In exercise of the powers conferred by the proviso to sub-section (1) of section 110 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), the Central Government hereby makes the following model rules, namely:- CHAPTER I. PRELIMINARY. 1. Short title and (1) These rules may be called the Juvenile Justice (Care and Protection of Children) Model Rules, 2016.

176 the gazette of india : extraordinary [p art ii—sec. 3(i)] ministry of women and child development notification new delhi, the 21 st september, 2016 g.s.r. 898.

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Transcription of MINISTRY OF WOMEN AND CHILD DEVELOPMENT …

1 176 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II SEC. 3(i)]. MINISTRY OF WOMEN AND CHILD DEVELOPMENT . notification . st New Delhi, the 21 September, 2016. 898. In exercise of the powers conferred by the proviso to sub-section (1) of section 110 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), the Central Government hereby makes the following model rules, namely:- CHAPTER I. PRELIMINARY. 1. Short title and (1) These rules may be called the Juvenile Justice (Care and Protection of Children) Model Rules, 2016.

2 (2) They shall come into force on the date of their publication in the Official Gazette. 2. (1) In these model rules, unless the context otherwise requires,- (i) Act means the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016);. (ii) Authority means the Central Adoption Resource Authority constituted under section 68 of the Act;. (iii) Case Worker means a representative from a registered voluntary or non-governmental organisation who shall accompany the CHILD to the Board or the Committee and may perform such tasks as may be assigned to him by the Board or the Committee.

3 (iv) CHILD Adoption Resource Information and Guidance System means an online system for facilitating and monitoring the adoption programme;. (v) CHILD Study Report means the report which contains details about the CHILD , such as his date of birth and social background;. (vi) community service means service rendered by children in conflict with law who are above the age of fourteen years and includes activities like maintaining a park, serving the elderly, helping at a local hospital or nursing home, serving disabled children, serving as traffic volunteers etc.

4 (vii) Form means the forms annexed to these rules;. (viii) Home Study Report means a report containing details of prospective adoptive parents or foster parents, and shall include social and economic status, family background, description of home and atmosphere, and health status;. (ix) individual care plan is a comprehensive DEVELOPMENT plan for a CHILD based on age and gender specific needs and case history of the CHILD , prepared in consultation with the CHILD , in order to restore the CHILD 's self-esteem, dignity and self-worth and nurture him into a responsible citizen and accordingly the plan shall address the following, including but not limited to, needs of a CHILD , namely:- (a) health and nutrition needs, including any special needs.

5 (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;. (h) life skill training. (x) in country adoption means adoption of a CHILD by a citizen of India residing in India;. Hkkx II [ 3(i) Hkkjr dk jkti=k % 177. (xi) Medical Examination Report means the report 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.]

6 (xiii) POCSO means the Protection of Children from Sexual Offences Act, 2012 (32 of 2012);. (xiv) rehabilitation-cum-placement officer means an officer designated in every CHILD Care Institution for the purpose of rehabilitation of children;. (xv) Selection Committee means a committee constituted by the State Government under rule 87 of these rules;. (xvi) social background report means the report of a CHILD in conflict with law containing the background of the CHILD prepared by the CHILD Welfare Police Officer.

7 (xvii) social investigation report means the report of a CHILD containing detailed information pertaining to the circumstances of the CHILD , the situation of the CHILD on economic, social, psycho-social and other relevant factors, and the recommendation thereon;. (xviii) Social worker means a person with post graduate degree in Social Work or Sociology or Psychology or CHILD DEVELOPMENT or a graduate with minimum seven 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 .

8 CHILD study report, home study report of prospective adoptive parent or foster parents, rendering post-adoption services, and performing any other functions as assigned to such person under the Act or these rules;. Explanation: For the purposes of this definition, it is clarified that the qualifications of the social worker member of the Board shall be as under section 4 of the Act. (xix) special educator shall have the same meaning as assigned to it in the Protection of Children from Sexual Offences Rules, 2012.

9 (xx) State CHILD Protection Society means a society constituted under section 106 of the Act;. (2) All words and expressions defined in the Act and used, but not defined in these rules, shall have the same meaning as assigned to them in the Act. CHAPTER II. JUVENILE JUSTICE BOARD. 3. There shall be one or more Boards in each district to be constituted by the State Government through a notification in the Official Gazette. 4. Composition of the (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.

10 (2) The social worker members shall be appointed by the State Government on the recommendations of the Selection Committee constituted under these rules. (3) The social worker members shall not be less than thirty five 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.


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