Haryana Juvenile Justice (Care and Protection of Children) Rules, 2002

1. Short title and commencement. 2. Definitions. 3. Juvenile Justice Board. Section 4. 4. Institutional Management for Juveniles in conflict with law. Sections 8, 9 and 68(2)(iii)(iv). 5. Daily Routine. Section 68(2)(iii)(iv). 6. Diet Scale. Section 68(2)(iii)(iv). 7. Issue of clothing, bedding and other articles. Section 68(2)(iii)(iv). 8. Sanitation and Hygiene. Section 68(2)(iii)(iv). 9. Accommodation. Section 68(2)(iii)(iv). 10. Medical care. Section 68(2)(iii)(iv). 11. Monitoring and Evaluation of Juveniles. Section 68(2)(iii)(iv). 12. Rewards and earnings. Section 68(2)(iii)(iv). 13. Visits to and communication with inmates. Section 68(2)(iii)(iv). 14. Prohibited Articles. Section 68(2)(iii)(iv). 15. Articles found on search and inspection. Section 68(2)(iii)(iv). 16. Disposal of Articles. Section 68(2)(iii)(iv). 17. Duties of the Officer-in-charge. Section 68(2)(iii)(iv). 18. Leave of absence of a juvenile or child. Section 68(2)(iii)(iv). 19. Release. Section 68(2)(iii)(iv). 20. Maintenance of case file. Section 68(2)(iii)(iv). 21. Production of a Juvenile. Section 68(2)(iii)(iv). 22. Procedure to be followed by a Board in holding inquiries and the determination of age. Section 68(2)(ii). 23. Procedure in respect of sections 23, 24, 25 and 26 of the Act. Section 68(2)(x)(viii). 24. Qualifications and tenure of Chairperson and members of Committee. Sections 29 and 68(2)(vii). 25. Procedure etc. in relation to Committee. Sections 30 and 68(2)(viii). 26. Production of child before Committee. Sections 32 and 68(2)(ix). 27. Procedure for inquiry. Sections 33 and 68(2)(ix). 28. Children's Homes. Sections 34 and 68(2)(ix). 29. Inspection Committee. Sections 35 and 68(2)(xi). 30. Social auditing. Sections 36 and 68(2)(xviii). 31. Shelter Homes. Sections 68. 32. Transfer. Sections 38 and 68(2)(xviii). 33. Adoption. 34. Foster Care. Sections 42 and 68(2)(xiii). 35. Sponsorship. Sections 43 and 68. 36. After Care Organizations. Sections 44 and 68(2)(xv). 37. Recognition of fit person or fit institution. Sections 32(i), (iii), and 68(2)(xviii). 38. Certification or recognition and transfer of Management of Institutions. Sections 34(2) and 68(2)(x). 39. Grant-in-aid to certified or recognised organization. Section 68(2)(xviii). 40. Admission of outsiders. Section 68(2)(xviii). 41. Identity Photos. Section 68(2)(xviii). 42. Police Officers to be in plain clothes. Section 68(2)(xviii). 43. Prohibition on the use of handcuffs and fetters. Section 68(2)(xviii). 44. Visitor's Book. Section 68(2)(xviii). 45. Maintenance of Registers. Section 68(2)(xviii). 46. Procedure for sending a juvenile or child outside the jurisdiction of the competent authority. Section 68(2)(xviii). 47. Mode of dealing with Juvenile or Child suffering from dangerous diseases or mental complaint. Section 68(2)(xviii). 48. Personnel/Staff of a Home. Section 68(2)(xviii). 49. Special Juvenile Police Unit and Juvenile or the Child Welfare Officer. Sections 63 and 68(2)(xviii). 50. Honorary/Voluntary Probation Officers. Section 68(2)(xviii). 51. Duties of the Officer-in-charge of Homes. Section 68(2)(xviii). 52. Duties of a Probation Officer. Section 68(2)(xviii). 53. Duties of Case Workers/Child Welfare Officer. Section 68(2)(xviii). 54. Duties of House Father/House Mother. Section 68(2)(xviii). 55. Training of personnel. Section 68(2)(xviii). 56. Openness and Transparency Section 68(2)(xviii). 57. Juvenile Justice Fund. Section 68(2) (xviii). 58. Pending Cases. Section 68(2) (xviii). 59. Disposal of records/documents. Section 68(2) (xviii). 60. Repeal and Saving.

Published vide Haryana Government Social Welfare Department Notification No. S.O.86/C.A. 56/2000/S.68/2002., dated The 11th October, 2002

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No. S.O.86/C.A. 56/2000/S.68/2002. - In exercise of the powers conferred by sub-section (1) read with sub-section (2) of section 68 of the Juvenile Justice (Care and Protection of Children) Act, 2000, (Act 56 of 2000), and all other powers enabling him in this behalf the Governor of Haryana hereby makes the following rules, namely :-

CHAPTER-I

Preliminary

Short title and commencement.- (1) These rules may be called the Haryana Juvenile Justice (Care and Protection of Children) Rules, 2002.
They shall come into force on the date of their publication in the Official Gazette.
Definitions.- In these rules, unless the context otherwise requires :-

(a) "Act" means the Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000);

(b) "adoption" means taking permanent custody and responsibility of a juvenile or a child covered under this Act, who shall have pari passu rights of a natural born child;

(d) "institution" for the purposes of these rules, means an observation home, or a special home or a children's home or a shelter home, set up, certified or recognized under sections 8, 9, 34 and 37 of the Act respectively;

(e) "Officer-in-charge" means a person appointed for the control and management of the institution;

(f) "State Government" means the State Government of Haryana;

(g) 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 in Conflict with Law

Juvenile Justice Board. [Section 4].- (1) The Board shall consist of a Judicial Magistrate of the first class, and two social workers of whom atleast one shall be a woman, forming a bench.

(2) Every such bench shall have the powers conferred by the Code of Criminal Procedure, 1973 (2 of 1974).

(3) (a) A Magistrate with special knowledge or training in child psychology or child welfare shall be designated as the principal Magistrate of the Board;

(b) In case the principal Magistrate with such special knowledge or training is not available, then, the State Government shall provide for such short-term training in child psychology or child welfare as it considers necessary;

(4) The two social workers, of whom atleast one shall be a woman, shall be appointed by notification by the State Government.

(5) The social worker to be appointed as a member of the Board shall be a person who has been actively involved and engaged in planning, implementing and administering measures relating to health, education or other welfare activities pertaining to children for atleast seven years.

(6) The Board shall have a tenure of three years and the appointment of members shall be coterminous with the tenure of the Board.

(7) A social worker being a member of the Board shall be eligible for appointment for a maximum of two terms.

(8) The Board shall hold its sittings in the premises of an Observation Home or at the place/time fixed by the Chairman on any working day.

(9) A member may resign any time, by giving one month's advance notice in writing or may be removed from his office as provided in sub-section (5) of section 4 of the Act.

(10) The social worker members of the Board shall be paid such travelling or meeting allowance or honorarium, as the State Government may, decide from time to time.

Institutional Management for Juveniles in conflict with law. [Sections 8, 9 and 68(2)(iii)(iv)].- (1) The State Government or the voluntary organisation certified by the State Government shall set up separate observation homes for boys and girls.

(2) The State Government or the Voluntary Organisation certified by that Government shall set up separate special homes for girls above the age of 10 years and boys in the age groups of 11 to 15 and 16 to 18 years as and when required.

(3) The following procedure shall be followed in respect of the newly admitted juveniles, namely :-

(a) receiving and search;

(b) hair-cut (unless prohibited by religion), issue of toiletry items;

(d) bath;

(e) issue of new set of clothes, bedding and other outfit and equipment (as per scales);

(f) medical examination and treatment, where necessary and in case of any juvenile suspected to be suffering from contagious or infectious diseases, mental ailments, addiction, etc. he shall be immediately segregated in specially earmarked dormitories or wards or hospitals,

(g) attending to immediate and urgent needs of the juvenile's like appearing in examinations, interview letter to parent (s), personal problems etc.; and

(h) verification by the Officer-in-charge of the order of the Board, identification marks, register entries, cash, other valuables etc.

(4) Every institution shall follow a Schedule of orientation for the newly admitted juvenile covering the following aspects, namely :-

(a) health, sanitation, hygiene;

(b) institutional discipline and standards of behaviour, respect for elders, teachers, etc.;

(d) responsibilities and obligations.

(5) A case history of the juvenile or the child admitted to an institution shall be maintained which may contain information regarding his socio-cultural and economic background and these information's may invariably be collected through all possible and available sources, including home, parents or guardians, employer, school, friends and community.

(6) The educational level and vocational aptitude of the juvenile admitted, may be assessed on the basis of test and interview conducted by the teacher, the workshop supervisor and other technical staff and necessary linkages may also be established with outside specialists and community based welfare agencies, psychologist, psychiatrist, child guidance clinic, hospital and local doctors, open school, Jan Shikshan Sansthan etc.

(7) All residents in the institution shall be given work like -

(a) self-help in maintaining their own establishment;

(b) cleaning of open spaces, gardening etc.;

(8) A well conceived programme of pre-release planning and follow up of cases discharged from special homes shall be organized in all institutions in close collaboration with existing governmental and voluntary welfare organisations.

Daily Routine. [Section 68(2)(iii)(iv)].- Every institution shall have a well regulated daily routine for the juveniles, which shall be displayed and provide, inter alia, for regulated and disciplined life, personal hygiene and cleanliness, physical exercise, educational classes, vocational training, organize recreation and games, moral education, group activities, prayer and community singing and special programmes for Sundays and holidays.
Diet Scale. [Section 68(2)(iii)(iv)].- The following diet scale is fixed for each Juvenile which shall be adhered to by the institutions for juveniles. Special diet may be provided on holidays, festivals and to the sick juveniles as required :-

1.	Atta	500 gms per day
2.	Sugar	35 gms per day
3.	Vegetable Ghee	35 gms per day
4.	Pulses	50 gms per day
5.	Vegetables	250 gms per day
6.	Milk	250 gms per day
7.	Salt	15 gms per day
8.	Haldi	1 gm per day
9.	Chillis	1 gm per day
10.	Spices	½ gm per day
11.	Tea	1 gm per day
12.	Gur	250 gms per month during winter
13.	Washing soap	250 gms per month
14.	Bathing soap	1 cake per month
15.	Mustard oil	125 gms per month
16.	Tooth paste	50 gms per month
17.	Sweet Dishes/fruit	twice a week

Issue of clothing, bedding and other articles. [Section 68(2)(iii)(iv)].- Each juvenile shall be provided with clothing and bedding, including customary under-garments, towel, jersey for winter, school uniform for juveniles attending outside schools, as per the scale laid down as under :-

Sr.No.	Name of the Articles	Number	Period
1.	Pajama	2	One year
2.	Kurta	2	One year
3.	Pant (in terricot) or 3 in cotton	2	One year
4.	Shirts	2	One year
5.	Turban (for Sikhs only)	1	One year
6.	Banyans	3	One year
7.	Underwear	3	One year
8.	Handkerchiefs	3	One year
9.	Towels	2	One year
10.	Comb	1	One year
11.	Bed Sheets	2	One year
12.	Pillow	1	One year
13.	Bed Cover	1	One year
14.	Jeresy Woollen	1	Two year
15.	Khes	1	Two years
16.	Pillow cases	2	Two years
17.	Woollen coat	1	Two years
18.	Durri	1	Five years
19.	Quilt	1	Five years
20.	Mattress	1	Five years
21.	Blanket	1	Five years
22.	Quilt covers	2	Five years
23.	Chappal	1 pair	One year
24.	Shoes	1 pair	One year
25.	Shoes	Canvas	1 pair
26.	Socks (Woollen)	1 pair	One year
27.	Socks (Nylon)	2 pairs	One year
28.	Boot Polish	3 tins	One year

Sanitation and Hygiene. [Section 68(2)(iii)(iv)].- Every institution shall have the following facilities, namely :-

(a) sufficient treated drinking water;

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

(d) arrangements for disposal of garbage;

(e) protection from mosquitoes;

(f) sufficient number of latrines in the proposition of atleast one latrine for seven children;

(g) sufficient number of bathrooms in the proportion of atleast one bathroom for ten children;

(h) sufficient space for washing;

(i) clean and fly-proof kitchen;

(j) sunning of bedding and clothing; and

(k) maintenance of cleanliness in the Medical Centre.

Accommodation. [Section 68(2)(iii)(iv)].- The minimum standard of accommodation, to the extent possible, shall be as follows :-

(a)	Dormitory	- 40 square feet per juvenile
	Classroom	- Sufficient accommodation
	Workshop	- Sufficient work space
	Play ground	- Sufficient play ground area shall be provided in every institution according to the total number of juveniles in the institution.
(b)	The Dormitories, classrooms and workshops shall have sufficient cross ventilation and light.

Medical care. [Section 68(2)(iii)(iv)].- (1) Every institution shall provide for the necessary medial facilities so as to ensure that :-

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

(b) arrangements are made for the immunization coverage; and

(c) a system is evolved for referral of cases with deteriorating health or serious cases to the nearest civil hospital or recognised treatment centres.

(2) Each juvenile admitted in an observation home shall be medically examined by the Medical Officer within 24 hours and in special cases within 48 hours giving the reasons therefor, and also at the time of transfer for the juvenile to a special home, within a similar period before transfer and further at any other time that may be considered necessary by the Medical Officer or the Officer-in-charge.

(3) No surgical treatment shall be carried out on any juvenile without the previous consent of his parent or guardian, unless either the parent or guardian cannot be found and the condition of the juvenile is such that any delay shall, in the opinion of the medical officer, involve unnecessary suffering or injury to the health of the juvenile, or without obtaining a direction to this effect from the Board.

(4) A health record of each juvenile in the institution shall be maintained on the basis of quarterly medical check-up.

Monitoring and Evaluation of Juveniles. [Section 68(2)(iii)(iv)].- (1) A juvenile shall be grouped on the basis of the age, physical and mental health, length of stay, order, degree of delinquency and the character.

(2) For the purposes of sub-rule (1), a monitoring and evaluation committee shall be constituted in each institution consisting of the following personnel namely :-

Officer-in-charge	-	Chairperson
Child Welfare Officer/Psychologist	-	Member-Secretary
Medical Officer	-	Member
Workshop Supervisor/Instructor in Vocation	-	Member
Teacher	-	Member

(3) The committee shall meet periodically to consider and review -

(a) custodial care, housing, place of work, area of activity and type of supervision required;

(b) individual problems of juveniles, family contacts, and adjustment, economic problems and institutional adjustment etc.;

(d) education, i.e. health education, social education, academic education, vocational education and moral education;

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

(f) special instructions, collecting moral information and special precautions to be taken etc.;

(g) review of progress and adjusting institutional programmes to the needs of the inmates;

(h) planning post-release rehabilitation programme and follow up for a period of two years in collaboration with aftercare service;

(i) pre-release preparation;

(j) release; and

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

Rewards and earnings. [Section 68(2)(iii)(iv)].- Rewards to the juveniles, at such rates as may be fixed by the management of the institution from time to time, may be granted by the Officer-in-charge as an encouragement to steady work and good behaviour; and at the time of release, the reward shall be handed over after obtaining a receipt from the parent or the guardian who comes to take charge of the juvenile.
Visits to and communication with inmates. [Section 68(2)(iii)(iv)].- (1) The parents and relations of the juvenile shall be allowed to visit once in a month or in special cases, more frequently at the discretion of the Officer-in-charge as per the visiting hours laid down by him.

(2) The receipt of the letters by the juveniles of the institution shall not be restricted and they shall have freedom to write as many letters as they like at all reasonable times; and the institutional shall ensure that where parents, guardians or relatives are known, at least one letter is written by the juvenile every month for which the postage shall be provided.

(3) The Officer-in-charge may peruse any letter written by or to the juvenile, and may for the reason that he considers sufficient to refuse to deliver or issue the letter, may destroy the same after recording his reasons in a book maintained for the purpose.

Prohibited Articles. [Section 68(2)(iii)(iv)].- No person shall bring into the institution the following prohibited articles, namely :-

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

(b) alcohol and spirit of every description;

(d) tobacco; or

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

Articles found on search and inspection. [Section 68(2)(iii)(iv)].- (1) The Officer-in-charge shall see that every juvenile received in the institution is searched, his personal effects inspected and a money or valuables found with or on the person of the juvenile is kept in the safe custody of the Officer-in-charge.

(2) Girls shall be searched by a female member of the staff with due regard to decency.

(3) In every institution, a register of money, valuables and other article found with or on the person of a juvenile received therein shall be maintained which may be called the "Personal Belonging Register".

(4) The entries made in the Personal Belonging Register, relating to each juvenile, shall be read over to juvenile in the presence of a witness whose signature shall be obtained in token of the correctness of such entries and it shall be countersigned by the Officer-in-charge.

Disposal of Articles. [Section 68(2)(iii)(iv)].- The money or valuables belonging to a juvenile received or retained in an institution shall be disposed of in the following manner :-

(a) On an order made by the competent authority in respect of any juvenile directing the juvenile to be sent to an institution, the Officer-in-charge shall deposit such juvenile's money together with the sale proceeds in the manner laid down from time to time in the name of the juvenile.

(b) The juvenile's money shall be kept with the Officer-in-charge and valuables, clothing, bedding and other articles, if any, shall be kept in the safe custody.

(c) When such juvenile is transferred from one institution to another, all his money, valuables and other articles, shall be sent along with the juvenile to the Officer-in-charge of the institution to which he has been transferred together with a full and correct statement of the description and estimated value thereof.

(d) At the time of release of such juvenile, the valuables and other articles kept in safe custody and the money deposited in name of the juvenile shall be handed over to the parent or guardian, as the case may be, with an entry made in this behalf in the register and signed by the Officer-in-charge.

(e) When a juvenile of an institution dies, the valuable and other articles left by the deceased and the money deposited in the name of the juvenile shall be handed over by the Officer-in-charge to any person who establishes his claim thereto and executes an indemnity bond.

(f) A receipt shall be obtained from such person for having received such valuables and other articles and the amount.

(g) If no claimant appears within a period of six months from the date of death or escape of such juvenile, the valuables and other articles and amount shall be disposed of as per the decision taken by monitoring and evaluation committee.

Duties of the Officer-in-charge. [Section 68(2)(iii)(iv)].- (1) The Officer-in-charge shall be responsible for the following namely :-

(a) security measure and periodical inspection thereof;

(b) proper maintenance of buildings and premises;

(d) careful handling of plant and equipment;

(e) accident preventive measures;

(f) fire preventive measures;

(g) segregation of a juvenile or child suffering from contagious or infectious diseases;

(h) proper storage and inspection of food stuffs;

(i) stand-by arrangements for water storage, power plant, emergency lighting etc.

(2) In the event of an escape of a juvenile or a child, the following action shall be taken, namely :-

(a) The Officer-in-charge shall immediately send the guards in search of the juvenile, at places like railway stations, bus stands and other places where the juvenile is likely to go.

(b) The parents or guardians shall be informed immediately about such escape.

(c) A report shall be sent to the area Police Station along with the details and description of the juvenile or the child, with identification marks and a photograph, with a copy to the Board and the authorities concerned.

(d) The Officer-in-charge shall hold an inquiry about such escape and send his report to the Board and the authorities concerned.

(3) On the occurrence of any death or suicide the procedure to be adopted shall be as under :-

(a) If a juvenile or child dies within twenty-four hours of his admission to the institution an inquest and post-mortem examination shall be held at the earliest.

(b) Whenever a sudden or violent death, or death from suicide or accident takes place, immediate information shall be given to the Officer-in-charge and the Medical Officer.

(c) The Officer-in-charge and the Medical Officer shall examine and inspect the dead body and in case a juvenile dies due to causes other than natural causes, or if the cause of death is not known, or if the death has occurred due to suicide, violence or accident, or whenever there is any doubt or complaint or question concerning the cause of death of any juvenile, the Officer-in-charge shall inform the Officer-in-charge of the Police Station having jurisdiction.

(d) The Officer-in-charge shall also immediately give intimation to nearest Magistrate empowered to hold inquests.

(e) The Medial Officer shall report to the Officer-in-charge about the happening of the natural death of a juvenile and see that the body is decently removed to the mortuary.

(f) In case of natural death or due to illness of a juvenile or child of an observation home or special home, the officer-in-charge shall obtain a report of the Medical Officer stating the cause of death and a written intimation about the death shall be given immediately to the nearest Police Station, the Board, the National Human Rights Commission and the authorities concerned.

(g) The parents or guardians of the deceased juvenile shall be contacted and the Officer-in-charge shall wait for twenty-four hours for the arrival of relatives.

(h) As soon as the inquest is held, the body shall be disposed of in accordance with the known religion of the juvenile.

(4) In the event of any custodial rape or sexual abuse, the following action shall be taken, namely :-

(a) In case a resident makes any complaint, or occurrence of such rape or abuse comes to the knowledge of the Officer-in-charge, a report shall be placed before the Board, who shall order for special investigation and direct the local police station to register case against the persons(s) found guilty under the relevant provisions of the Indian Penal Code, 1860 (45 of 1860).

(b) The Special Juvenile Police Unit shall also take due cognizance of such occurrence and conduct necessary investigations.

(5) In the event of any other offence committed in respect of residents, the Board shall take cognizance and arrange for necessary investigation to be carried out by Special Juvenile Police Unit.

Leave of absence of a juvenile or child. [Section 68(2)(iii)(iv)].- (1) The juvenile or child of an institution may be allowed to go on leave of absence or released on licence and stay with his family during examination, emergencies of special occasions like marriage in the family.

(2) While the leave of absence for short period not exceeding seven days excluding the journey time may be recommended by the Officer-in-charge, but granting of such leave shall be by the Board.

(3) The parents or guardian of the juvenile or child may submit an application to the Officer-in-charge requesting for release of the juvenile or child on leave, stating clearly the purpose for the leave and the period of leave.

(4) If the Officer-in-charge considers that granting of such leave is in the interest of the juvenile or child, he shall call for a report of the Probation Officer on the advisability or otherwise and forward the case to the Board.

(5) While issuing orders, sanctioning the leave of absence or release on licence in Form VII, as the case may be, the competent authority shall mention the period of leave and the conditions attached to the leave order, and if any of these conditions are not complied with during the leave period, the juvenile or child may be called back to the institution.

(6) The parent or guardian shall arrange to escort the juvenile or child from and to the institutional and bear the travelling expenses. Whereas, in exceptional cases or during and emergency, the Officer-in-charge may arrange to escort the juvenile or child to the place of the family and back.

(7) If the juvenile or child runs away from the family during the leave period, the parent or guardian are required to inform the Officer-in-charge of the institution immediately, and try to trace the juvenile or child and if found send the juvenile or child to the institution.

(8) If the parent or guardian do not take proper care of the juvenile or child during the leave period or do not bring the juvenile or child back to the institution within the stipulated period, such leave may be refused on later occasions.

(9) If the juvenile or child does not return to the institution on expiry of the sanctioned leave, the Board shall refer the case to police for taking charge of the juvenile or child and bring him back to the institution.

(10) The period of such leave shall be counted as a part of the period of stay in the institution and the time which elapses after the failure of a juvenile or child to return to the institution within the stipulated period, shall be excluded while computing the period of his stay in the institution.

Release. [Section 68(2)(iii)(iv)].- (1) The Officer-in-charge shall maintain a roster of the cases of juvenile or child to be released on the expiry of the period of stay as ordered by the Board.

(2) Each case shall be placed before the Board for proper main streaming and with regard to cases in which the juvenile or child is kept for the maximum period, action may be initiated six months before they attain the age of eighteen years.

(3) A timely information of the release of a juvenile or child and of the exact date of release shall be given to the parent or guardian and the parent or the guardian shall be invited to come to the institution to take charge of the juvenile or child on that date.

(4) If necessary, the actual expenses of the parent's or guardian's journey both ways and of the juvenile's or child's journey from the institution shall be paid to the parent or guardian by the Officer-in-charge at the time of the release of the juvenile or child.

(5) If the parent or guardian, as the case may be, fails to come and take charge of the juvenile or child on the appointed date, the juvenile or child shall be taken by the escort of the institution and in case of a girl, she shall be escorted by a female escort.

(6) At the time of release or discharge, a juvenile or child may be provided with a set of summer or winter clothing, if the Officer-in-charge deems it necessary.

(7) If the juvenile or child has no parent or guardian, he may be sent to an aftercare organization, or in the event of employment to the person who has undertaken to employ the juvenile or child.

(8) The Officer-in-charge of a girls' institution subject to the approval of the competent authority, may get suitable girls above the age of the eighteen years married according to the procedure laid down by that authority from time to time.

(9) The Officer-in-charge shall order the discharge of any juvenile or child, the period of whose detention has expired and inform the competent authority within seven days of the action taken, and if, the date of release falls on a Sunday or another public holiday, the juvenile or child may be released on the preceding day with an entry to that effect being made in the register of discharge.

(10) The Officer-in-charge shall in appropriate cases, order the payment of subsistence money, at such rates as may be fixed from time to time and the railway or road, or both, fare, as the case may be.

(11) In deserving cases, the Officer-in-charge may provide the juvenile with such small tools, as may be necessary, to start a work or business subject to such maximum cost as may be fixed by the institution.

(12) The Officer-in-charge may, subject to the approval of the competent authority, allow at their own request such girls as have no place to go, to stay in the institution after the period of their stay is over, till the time some other suitable arrangements are made.

Maintenance of case file. [Section 68(2)(iii)(iv)].- (1) The case file of each juvenile or child shall be maintained in the institution containing the following information's, so far as applicable :-

(a) report of the person or agency who produced the juvenile or child before the Board.

(b) probation officer's report;

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

(e) source reports from staff members;

(f) observation reports from staff members;

(g) reports from Medical Officer, Intelligence Quotient (I.Q.) testing, aptitude testing, educational or vocational tests;

(h) social history;

(i) summary and analysis by Officer-in-charge;

(j) initial classification sheet;

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

(l) leave and other privileges granted;

(m) violation of rules, if any, and special achievements;

(n) quarterly progress report from various sections;

(o) review sheet;

(p) Monthly Cycle (m.c.) report (in case of girls);

(q) pre-release programme;

(r) final progress report;

(s) leave of absence or release of licence;

(t) final discharge;

(u) follow-up reports;

(v) central index number;

(w) annual photograph; and

(x) remarks;

(2) All the case files maintained by the institutions and the Board shall, as far as practicable, be computerised and networked so that the data is centrally available.

Production of a Juvenile. [Section 68(2)(iii)(iv)].- (1) As soon as a juvenile in conflict with the law is apprehended by the police, the police shall place the juvenile under the charge of the special juvenile police unit, or the designated police officer.

(2) The special juvenile police unit to which the juvenile is brought, shall inform the probation officer concerned of such apprehension, to obtain information regarding the antecedents and family background of the juvenile and other material circumstances likely to be of assistance to the Board for making the inquiry.

(3) Prior to production of a juvenile before the Board, the juvenile may be placed in a safe place within the Police Station (which shall not be a lock up) or in a place of safety.

(4) The special juvenile police or the designated police officer shall produce the juvenile before the Magistrate or a member of the Board within the twenty-four hours of his apprehension (excluding the time take of bring the juvenile from the Police Station or place of safety to the Board).

(5) In case of the delay in production before the Magistrate or the Board, the details of not doing so be recorded in the police daily or general diary.

(6) In case a recognized voluntary organization takes a juvenile to the Board, the voluntary organization shall also inform the concerned Police Station.

(7) Only those registered voluntary organisations which can provide the services of probation, counselling, case work, a place of safety and also associate with the Special Juvenile Police Unit and are willing and have the capacity, facilities and expertise to do so shall be recognised by the State Government.

(8) The registered voluntary organization shall prepare a report narrating the circumstances of apprehension and offence committed and produce the juvenile before the Board or Police with the report.

(9) When a juvenile is produced before an individual member of the Board, the order given by the member shall be ratified in the next meeting of the Board.

(10) The police or the recognized voluntary organization shall be responsible for the safety and basic amenities to the juveniles apprehended or kept under their charge during the period they are with them.

Procedure to be followed by a Board in holding inquiries and the determination of age. [Section 68(2)(ii)].- (1) In all cases under the Act the proceeding shall be conducted in as simple a manner as possible and care shall be taken to ensure that the juvenile or child against whom the proceedings have been instituted is given home like atmosphere during the proceedings.

(2) When witnesses are produced for examination the Board shall be free to use the power under section 165 of the Indian Evidence Act, 1872 (1 of 1872), to question them so as to bring out any point that may go in favour of the juvenile or the child.

(3) While examining a juvenile or child and recording his statement the competent authority shall be free to address the juvenile or child in any manner that may seem suitable, in order to put the juvenile or child at ease and to elicit the true facts, not only in respect of the offence of which the juvenile or child is accused, but also in respect of the home and social surroundings and the influence to which the juvenile or child might have been subjected.

(4) The record of the examination shall be in such form as the Board may consider suitable having regard to the contents of the statement and circumstances in which it was made.

(5) In every case concerning a juvenile or a child, the Board shall either obtain :-

(i) a birth certificate given by a corporation a municipal authority; or

(ii) a date of birth certificate from the school first attended; or

(iii) matriculation or equivalent certificates, if available; and

(iv) in the absence of (i) to (iii) above, the medical opinion by a duly constituted Medical Board, subject to a margin of one year, in deserving cases for the reasons to be recorded by such Medical Board,

regarding his age; and, when passing orders in such cases, shall, after taking into consideration such evidence as may be available or the medical opinion, as the case may be, record a finding in respect of his age.

(6) Registered voluntary organisations shall supervise and submit periodical reports, as directed by the Board regarding the orders passed under clauses (b) and (c) of sub-section (1) of section 15 of the Act.

(7) In accordance with the rules made under sub-section (2) of section 10 of the Act, the Board shall, in Form-1, order a Probation Officer, or otherwise to conduct a social investigation, reporting on the character and antecedents of the juvenile or child with a view to assessing the best possible mode for placement such as, with the family, an institution or otherwise permissible under the Act.

(8) When a juvenile or child is placed under the care of a parent or a guardian and the Board considers it expedient to place the juvenile or child under the supervision of a probation officer, it shall issue a supervision order in Form-II.

(9) The competent authority may, while making an order placing a juvenile under the care of a parent, guardian or fit persons, as the case may be, direct such parent, guardian or fit person to enter into a bond in Form-IV with or without sureties.

(10) Whenever the Board orders a juvenile or child to be kept in an institution, it shall forward to the Officer-in-charge of such institution a copy of its order, in Form-III with particulars of the home and parents or guardian and previous record.

(11) The juvenile or child shall be lodged in a home closest to where he belongs.

(12) The Officer-in-charge of an institution, certified as special home under sub-sections (2) of section 9 of the Act, shall be informed in advance by the Board before any juvenile or child is committed to it.

(13) The Officer-in-charge of the said institution may on receipt of the information intimate in writing objections, if any, to the committal of the juvenile or child and the objections shall be taken into consideration by the Board before the juvenile or child is committed to the said institution.

(14) In case the Board orders the parent of the juvenile or child, or the juvenile or child to pay a fine, the amount realized shall be deposited in the Government treasury.

Procedure in respect of sections 23, 24, 25 and 26 of the Act. [Section 68(2)(x)(viii)].- The offences against the juvenile or child specified in sections 23, 24, 25 and 26 shall be either bailable or non-bailable besides being cognizable under the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), and the provisions of bail or otherwise, shall apply on the Police, the Board and the concerned authority accordingly.

CHAPTER-III

Child in Need of Care and Protection

Qualifications and tenure of Chairperson and members of Committee. [Sections 29 and 68(2)(vii)].- (1) A person to be selected as a member of the Committee shall be either of the following qualifications, in addition to five years experience in their respective field, namely :-

(a) a respectable, well educated citizen with the background of special knowledge of social work, child psychology, education, sociology or home science; or

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

(2) The Chairperson of the committee shall be atleast Class-I Officer working in the District.

(3) The Committee shall have a tenure of three years and the appointment of members shall be coterminous with the tenure of the Committee.

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

(5) A member may resign at any time by giving one month's notice in writing.

(6) The members of the Committee shall be paid such travelling or meeting allowance or honorarium as the State Government may decide from time to time.

Procedure etc. in relation to Committee. [Sections 30 and 68(2)(viii)].- (1) The Committee shall hold its sittings at the place/time fixed by the Chairman once in three months.

(2) The quorum for the meeting shall be three members attending, which may include the Chairperson.

(3) Any decision taken by an individual/member, when the Committee is not sitting, shall require ratification by the Committee in its next sitting.

(4) The final disposal of cases relating to children in need of care and protection, shall take place from the office of the Committee, by the order of atleast two members.

(5) The Committee shall take into consideration the age, physical and mental health, background, opinion of the child and the recommendation of the case worker, prior to disposal of such cases.

Production of child before Committee. [Sections 32 and 68(2)(ix)].- (1) When any person or organization authorized under sub-section (1) of section 32 of the Act receives a child in need of care and protection, he may produce the child before the Committee with the report of the circumstances under which the child came to his notice.

(2) A child, above two years of age, shall be produced before the Committee within forty-eight hours of such admission, excluding the journey time taken by the persons or the organization, and for children under two years of age, the person or the organization shall send a written report along with the photograph, within forty-eight hours of admission, excluding the journey time.

(3) In case the Committee is not sitting, the child shall be kept in a place of safety and provided with all basic facilities and adequate protection.

(4) Every possible effort shall be made to trace and associate the family and assistance of recognized voluntary organizations or child line may also be taken.

(5) In case a recognized voluntary organization takes a child to the Committee, they shall also submit a report on the circumstances under which the child came to their notice, and efforts shall be made by them for tracing the family.

(6) The Committee shall make arrangements to send the child to the designated place of safety, with age and sex, appropriate facilities, pending the inquiry.

(7) The child may be escorted by the police officer or representative of the voluntary organization or by any other arrangements as considered appropriate by the Committee.

(8) A list of the names and addresses of all recognized children's homes along with its capacity, appropriate facilities as prescribed under section 34 of the Act, shall be listed with the Committee.

(9) The competent authority may, while making an order placing a child under the care of a parent, guardian or fit person, as the case may be, direct such parent, guardian or fit person to enter into a bond in Form-IV with or without sureties.

(10) Where the Committee orders a child to be kept in an institution, it shall forward to the Officer-in-charge of such institution a copy of its order, in Form-III with particulars of the home and parents or guardian and previous record.

(11) The child shall be lodged in a home closest to where he belongs.

Procedure for inquiry. [Sections 33 and 68(2)(ix)].- (1) 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, Officer-in-charge, as the case may be, of the home or any recognized agency for conducting the inquiry.

(2) The direction for the inquiry under sub-rule (1) shall be given in Form-I.

(3) The Committee shall direct the concerned person or organization about the details or particulars to be enquired into for suitable rehabilitation.

(4) The inquiry must be completed within four months unless special circumstances do not permit to do so in the interest of the child, and for which a written extension must be taken by the inquiring officer or the agency under sub-section (2) of section 33 of the Act.

(5) After completion of the inquiry, if, the child is under orders to continue in the children's home, the Committee shall carry out an annual review of the progress of the child in the home.

Children's Homes. [Sections 34 and 68(2)(ix)].- (1) Separate homes for children in need of care and protection shall be set up by the State Government itself or in association with voluntary organisations, in the manner specified below :

(a) While children of both sexes below ten years, may be kept in the same home but separate facilities shall be maintained for boys and girls in the age group 5 to 10 years;

(b) Separate children's homes shall be set up for boys and girls in the age group 10 to 18 years.

(2) Each children's home shall be a comprehensive child care centre with the primary objective to promote an integrated approach to child care by involving the community and local Non-Governmental Organisations (NGOs).

(3) The activities of such centre shall focus on :

(a) family based services, such as, foster family care, adoption and sponsorship;

(b) specialized services in conflict or disaster affected areas to prevent neglect by providing family counselling, sponsorship, play groups; etc.

(d) linking up with Integrated Child Development Services (ICDS) to cater to the needs of children below six years;

(e) to establish linkages with organizations and individuals who can provide support services to children; and

(f) to encourage volunteers to provide for various services for children and families to become guardian.

(4) Every children's home shall have the following facilities namely :-

(a) Physical infrastructure :- (i) It shall include separate facilities for children in the age ground of 0-5 years with appropriate facilities for the infants.

(ii) The facilities to be created for children in the age group of 6-10 years having separate dormitories for boys and girls.

(iii) The standard of accommodation as specified in rule 9 shall apply.

(iv) There shall be adequate lighting, ventilation, heating and cooling arrangements, drinking water and toilets, in terms of age appropriateness and hygiene.

(b) The clothing and bedding shall be according to season and age appropriate as per scale mentioned in rule 7 of these rules.

(ii) The menu shall be prepared with the help of a nutritional expert or doctor to ensure balanced diet and variety in taste.

(iii) Children may be provided special meals on holidays.

(iv) The diet of infants and sick children shall be according to the requirement.

(v) The normal dietary scale for children upto 18 years shall be according to scale mentioned in rule 6 of these rules.

(d) Medical :- (i) The children's home shall have arrangement for the medical facility preferably with doctor and nurse.

(ii) All children brought into the home shall be medically examined initially within 24 hours of arrival.

(iii) The routine medical checkup of the children must be done on monthly basis.

(iv) The sick children shall constantly be under medical supervision.

(v) In the event of break out of contagious or infectious diseases segregation must be ensured.

(vi) The medical service shall include immunization facility as specified under the National Immunization Schedule.

(vii) The home shall have networking with local doctors and hospitals for referral cases.

(viii) The medical record of each child shall be meticulously maintained in the file of the child which shall also include weight and height record, any sickness and treatment, and other physical or mental problem, if any.

(e) Education :- The children's home shall provide education to all children according to the age and ability, either both inside the home or outside, as per the requirement.

(f) Vocational Training :- (i) Every children's home shall facilitate for useful vocational training under the guidance of trained instructors.

(ii) The home shall develop networking with Institute of Technical Instruction (ITI), Jan Shikshan Sansthan, Government and Private Organization or Enterprises, Agencies or Non-Governmental Organisations (NGOs) with expertise, or placement agencies.

(g) Counselling :- (i) Each home shall have the services of a trained counselor.

(ii) The services of Child Guidance Centres, Psychology and Psychiatric Departments or similar Agency may also be availed.

(h) Recreation Facilities :- It must include indoor and outdoor games, music, television, picnics and outings, cultural programmes etc.

(i) Care Plan :- (i) The incharge, counsellor along with the child welfare officer, case worker, or social worker shall prepare a care plan for every child in the home.

(ii) The care plan shall be reviewed from time to time for appropriate development and rehabilitation including options for restoration to family or foster care or adoption and review shall not be delayed beyond a year.

(iii) The focus shall be on providing family and community based reintegration programmes.

(iv) Children shall be consulted while determining their care plan.

(j) Intake Procedure :- (i) Every new child who is brought to home, shall immediately be taken charge of by the counsellor or child welfare officer or designated officer, as the case may be.

(ii) The child shall be received with due care as provided under these rules, with dignity and love.

(iii) A brief orientation shall be given to the child on induction, to remove any inhibition from the mind of the child.

(iv) The child shall be immediately given bath, clothing, food etc. and medically examined.

(v) The designated officer shall enter the name of the child in the Admission Register and allocate appropriate accommodation facility.

(vi) The photograph shall also be taken immediately for records and the case worker shall begin the investigation and correspondence with the person, the child might have named.

(vii) The Officer-in-charge shall see that the personal belongings of every child received by the home is kept in safe custody and recorded in the Personal Belonging Register and the item must be returned to the child when he leaves the home.

(viii) The girl child shall be searched by a female member of the staff, and with due regard to decency.

(ix) The articles mentioned under rule 14 of these rules shall also be prohibited in case of children's homes.

(k) In the event of a child leaving the home without permission, the information shall be sent to the police and the family, if known; and the detailed report along with the efforts to trace the child shall be sent to the committee for information in the subsequent sitting of the Committee.

(l) Death of a child :- (i) In the event of death of a child, the circumstances of the death shall be recorded in the case file of the child, by the case worker giving the cause of death and the death certificate shall be obtained from the attending doctor or hospital, as the case may be.

(ii) The information shall be sent to the Committee and District Level Inspection Team, Registrar of Births and Deaths, and the relative, if known.

(iii) The last rites shall be performed according to the known religion of the child.

(m) In the event of custodial rape or sexual abuse, the action to be taken shall be as follows :

(i) In case any resident makes any complaint, or occurrence of such nature comes to the knowledge of the Officer-in-charge, a report shall be placed before the Committee, who in turn, shall order for special investigation.

(ii) The Committee shall direct the local police station to register case against the person found guilty under the relevant provisions of the Indian Penal Code, 1860 (45 of 1860).

(iii) The Special Juvenile Police Unit shall also take due cognizance of such occurrences and conduct necessary investigations.

(n) In the event of any other crime committed in respect of residents, the Committee shall take cognizance and arrange for necessary investigation to be carried out by the Special Juvenile Police Unit.

(o) Record keeping :- All the case files of the children maintained by the institutions and the Committee shall be computerized and networked so that the data is centrally available.

Inspection Committee. [Sections 35 and 68(2)(xi)].- (1) District Level Inspection Committee appointed by the State Government shall be for a period of three years to visit and oversee the day to day functioning of the homes.

(2) The Inspection Committee shall consist of a minimum of five members from the representatives of the State Government, local authority, Child Welfare Committee, Voluntary Organisations and Sr. Medical Experts as recommended by the Child Medical Officer and Social Workers as recommended by the Deputy Commissioners, concerned.

(3) The inspection visit shall be carried out by not less than three members.

(4) The Inspection Committee may visit the homes either by prior intimation or by surprise.

(5) The Inspection Committee shall interact with the children during the visits to the institution, to determine their well being.

(6) The Inspection Committee shall also make suggestions for the improvement and development of the institution.

(7) The follow up action on the findings and suggestions of the Inspection Committee shall be taken by all concerned authority.

Social auditing. [Sections 36 and 68(2)(xviii)].- The State Government shall monitor and evaluate the functioning of the children's home annually.
Shelter Homes. [Sections 68].- (1) For the children in urgent need of care and protection, such as destitutes, street children and run-away children, the State Government shall support creation of the requisite number of shelter homes or drop-in-centres through the voluntary organizations.

(2) The shelter homes or drop-in-centres shall have the minimum facilities of boarding and lodging besides the provision for fulfilment of basic needs in terms of clothing, food, health care and nutrition.

(3) Such children in crisis situations may live in short-stay homes which may have the requisite facilities for education, vocational training and recreation as well.

(4) The Committee, Special Juvenile Police Units, public servants, Child-lines, voluntary organizations, social workers and the children themselves may refer a child to such shelter homes.

(5) The requirements of investigation and disposal shall not apply in case of children residing in the shelter home, except giving information to the Committee and the police about the missing or homeless children, besides initiating legal action in the interest of the child in terms of the Act or other child related laws.

(6) The services of Officer-in-charge, child welfare officer, social worker shall be provided for the proper care, protection, development, rehabilitation and reintegration needs of such children.

(7) No child shall ordinarily stay in the Government funded shelter home or drop-in-centre for more than a year.

Transfer. [Sections 38 and 68(2)(xviii)].- (1) During the enquiry, if it is found that the child hails from the place outside the jurisdiction of the Committee, the Committee shall order the transfer of the child to the competent authority having jurisdiction over the place of residence of the child.

(2) No child shall be transferred or proposed to be transferred only on the ground that the child has created problems or has become difficult to be managed in the existing institution.

(3) The transfer for restoration or enquiry for all proceedings in respect of a child from one State institution to other may also be ordered by the local authority, after obtaining concurrence from the Committee.

(4) No child shall be transferred out of the district or city for the purposes of adoption without the concurrence of the Committee.

(5) On receipt of transfer order from the local authority, the Officer-in-charge shall arrange to escort the child at the Government expenses to the place or person as specified in the order.

(6) On such transfer, the child case file and records shall be sent along with the child.

CHAPTER-IV

Rehabilitation and Social Reintegration

Adoption.[Sections 41 and 68(2)(xviii)].- (1) As the family is the best option, to provide care and protection for children, adoption shall be the first alternative for rehabilitation and social reintegration of children who are orphaned, abandoned, neglected and abused.

(2) The guidelines on adoption, issued by a State Government under sub-section (3) of section 41 of the Act, the Supreme Court and the Central Adoption Resource Agency (CARA) from time to time, shall apply.

(3) Children's homes or orphanages set up by State Government or Voluntary Organisations, shall be recognised by the State Government as adoption agencies for placement of such children for in-country adoption.

(4) In the case of inter-country adoption, the procedure laid down by the Central Adoption Resource Agency shall apply.

(5) The scrutiny shall be done independently by an agency recognized for this purpose.

(6) The scrutinizing agency shall examine all available informations and verify background of the child before making a recommendation to the Board for adoption of the child.

(7) Any child, who is eligible for adoption and residing in an unrecognized home, shall, for the purpose of adoption, be transferred to a recognized home.

(8) An abandoned child can be given in adoption only when the Committee declares such a child to be legally free for adoption and an order to that effect is signed by at least two members of the Committee.

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

(a) a thorough enquiry by the probation officer or case workers or police, as the case may be, and a report containing findings submitted within a maximum period of one month;

(b) declaration by the placement agency, stating that there has been no claimant for the child even after making notification in at least one leading newspaper including a regional language newspaper, Television and Radio announcement and after waiting for a period of one month, the time shall run concurrently to the inquiry to be conducted and report submitted under clause (a) of this sub-rule;

(c) a release order made by the Committee declaring the child legally free for adoption within the period of six weeks from the date of application in the case of children below the age of two years, and three months in the case of children above that age;

(d) no child above seven who can understand and express his opinion, shall be placed in adoption without his consent.

(10) (a) In the case of an abandoned child the recognized agency shall within forty-eight hours report to the Committee alongwith the copy of the report filed with the police station in whose jurisdiction the child was found abandoned.

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

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

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

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

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

(11) (a) After receiving an application from a recognized agency for adoption, the Board shall call for an independent enquiry by a recognized scrutiny agency, which shall submit its report within a period of two weeks.

(b) The Board shall undertake a process of enquiry which shall include interviewing the prospective parents, verifying the documents and scrutiny reports.

(c) If the Board is satisfied that the placement is in the best interest of the child, it shall pass a final order giving permanent custody of the child to the adoptive parent or parents.

(d) The order of adoption shall be signed by the principal Magistrate besides at least one of the two members of the Board.

(e) The Board shall determine and fix the date of birth, in the best interest of the child and shall pass order to the appropriate authority to issue a regular birth certificate for the child giving the name(s) of the adoptive parent(s) as if in the case of natural born children.

(f) As far as practicable, the time taken for passing and adoption order, shall not exceed two months from the date of filing of application.

(g) The order shall also include provision for a periodic follow up report either by the probation officer or case worker or adoption agency to ensure the well being of the child and the period of such follow up shall be three years, six monthly in the first year and annually for the subsequent two years.

Foster Care. [Sections 42 and 68(2)(xiii)].- (1) A child to be placed under short-term foster care care shall be done according to the procedure laid down in clause (f) of sub-rule (10) of rule 33, and the short-term foster care period shall not exceed four months.

(2) The temporary foster care shall be carried out, as given in sub-section (2) of section 42 of the Act, by the competent authority under the supervision of a probation officer or case worker or social worker, as the case may be, in Form II and the total period of temporary foster care shall not exceed five years.

(3) The following criteria shall be applied for selection of families for temporary foster care :-

(a) foster parent(s) should have stable emotional adjustment within the family;

(b) foster parent(s) have an income to meet their needs and not dependent on the foster care maintenance payment;

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

(e) an update should be done at regular intervals of not less than once in a calendar year;

(f) the foster mother should have experience in child caring and the capacity to provide good child care;

(g) the foster mother should be physically, mentally and emotionally stable;

(h) the home should have adequate space and physical facilities;

(i) the foster care family should be willing to follow rules laid down including regular visits to paediatrician, maintenance of child health, record etc.;

(j) the family should be willing to sign an agreement to return the child to the agency whenever called to do so;

(k) the foster mother should be willing to attend training or orientation programmes;

(l) the foster parent(s) should be willing to take the child for regular (at least once a month in the case of infants) check-ups to a paediatrician approved by the agency.

(4) There shall be regular monitoring and supervision carried out by the Probation Officer or the Child Welfare Officer, as the case may be.

Sponsorship. [Sections 43 and 68].- (1) The children's homes and special homes shall promote sponsorship programmes as laid down in section 43 of the Act.

(2) The homes receiving sponsorship, shall maintain proper and separate accounts of all the receipts and payments for the programme.

After Care Organizations. [Sections 44 and 68(2)(xv)].- (1) The after care organizations, as outlined in the Act, are to take care of juveniles or children after they leave special homes and children's homes.

(2) These after care organizations are essential for all children or youth between the age of 18 to 20 years; and as such, this age group is most vulnerable and need care, guidance and protection.

(3) The objective of these homes shall be to enable such children to adapt to the society and during their stay in these transitional homes these children will be encouraged to move away from an institution-based life to a normal one.

(4) The target groups will include juveniles or children who have either left special homes or children's homes.

(5) The key components of the model include setting up of temporary homes for a group of youths, who can be encouraged to learn a trade and contribute towards the rent as well as the running of the home.

(6) There shall also be provision for a peer counsellor, who will be in regular contact with these youths to discuss their rehabilitation plans and provide creative outlets for their energy and to tide over crisis periods in their life.

(7) The programmes under the scheme shall include :-

(i) Facilitating employment generation for these youths will be a key programme.

(ii) After a youth has saved a sufficient amount, he can be encouraged to stay in a place of his own and move out of the group home.

(iii) The youth may continue staying in the home and return the deposit to the Non-Governmental organizations (NGOs).

(iv) The youth learning a vocational trade can be given a stipend, which may be stopped once the youth gets a job.

(v) Loans to these youth to set up entrepreneurial activities may also be arranged.

(vi) A peer counsellor shall also be made available for youth at these homes, as at this stage of life, they can be lured into crime or drug dependence and such other habits or deviant behaviour.

(8) The strategy for children who have been juveniles or have left special homes shall be to help them to return to normal life and adjust and adapt to their environment.

(9) There shall be provision for vocational training of these children to enable them to sustain themselves through their own efforts.

(10) One peer counsellor can be made in-charge of a cluster of five homes and each home may house 6 to 8 youths who may opt to stay together on their own.

CHAPTER-V

Miscellaneous

Recognition of fit person or fit institution. [Sections 32(i), (iii), and 68(2)(xviii)].- (1) Any individual or a suitable place or institution, the occupier or manager or which is willing temporarily to receive a juvenile or child in need of care, protection or treatment for a period as may be necessary, may be recognized by the competent authority as a fit person or a fit institution.

(2) Any association or body of individuals, whether incorporated or not, established for or having for its object the reception or protection of juveniles or children, or the prevention of cruelty to juvenile; and which undertakes to bring or to give facilities for bringing up any juvenile entrusted to its care in conformity with the religion of his birth, may be included within the meaning of fit institution.

(3) A list of names and the addresses of fit persons and fit institutions approved by the competent authority shall be kept in the office of the Board and the Committee and shall be used when necessary.

(4) After committal of a juvenile or a child by the competent authority to an institution recognized as a fit institution with collateral branches, the manager of such institution may send the juvenile to any of the branches of such institution after giving an intimation to the competent authority under whose orders juvenile or the child was committed.

(5) Before declaring any person or institution as a fit person or fit institution, the competent authority shall hold due enquiry and only on being satisfied, recognition shall be given.

Certification or recognition and transfer of Management of Institutions. [Sections 34(2) and 68(2)(x)].- (1) If the management of any organization desires that its organization may be certified or recognized under the Act, the same shall make an application together with a copy each of the rules, bye-laws, articles of association, list of members of the society or the association running the organization, office-bearers and a statement showing the status and past record of social or public service provided by the organization, to the State Government, who shall after verifying the provisions made in the organization for the boarding and lodging, general health, educational facilities, vocational training and treatment services may grant certification or recognition under sections 8, 9, 34, 37 and 44 of the Act, as the case may be, on the condition that the organization shall comply with the standards or services as laid down under the Act and the rules framed thereunder, from time to time and to ensure an all round growth and development of juvenile or child placed under its charge.

(2) The State Government may transfer the management of any State run institution under the Act to a voluntary organization of repute, who has the capacity to run such an institution, and certify said voluntary organization as a fit institution to own the requisite responsibilities under a Memorandum of Understanding for a specified period of time.

(3) The institution and the infrastructure already available with the State Government in relation to the Juvenile Justice Act, 1986, shall be suitably used for implementing the Act.

(4) The State Government may, if dissatisfied with the conditions, rules, management of the organization certified or recognized under the Act, at any time, by notice served on the manager of the organization, declare that the certificate or recognition of the organization, as the case may be, shall stand withdrawn as from a date specified in the notice and from the said date, the organization shall cease to be an organization certified or recognised under sections 8, 9, 34 or 44 of the Act, as the case may be :

Provided that the concerned organization shall be given an opportunity of making a representation in writing, within a period of thirty days, against the grounds of withdrawal of certificate or recognition of that organization.

(5) The decision to withdraw or to restore the certificate, or recognition of the organization may be taken, on the basis of a thorough investigation by a specially constituted advisory board under section 62 of the Act.

(6) On the report of the advisory board, the Officer-in-charge of the home shall be asked to show cause so as to give an explanation within thirty days.

(7) When an organization ceases to be an organisation, certified or recognised under sections 8, 9, 34, 37 or 44 of the Act, the juvenile or the child kept therein shall, under the orders of the designated officer empowered in this behalf by the State Government, be either -

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

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

Grant-in-aid to certified or recognised organization. [Section 68(2)(xviii)].- (1) An organization certified or recognized under sections 8, 9, 34, 37 or 44 of the Act, may during the period when certification or recognition is in force, may apply for grants-in-aid by the State Government, for the maintenance of juveniles or children received by them under the provisions of the Act; and for expenses incurred on their education, treatment, vocational training, development and rehabilitation.

(2) The grants-in-aid may be admissible, at such rates, which shall be sufficient to meet the prescribed norms, in such manner and subject to such conditions as may be mutually agreed to by both the parties.

(3) In case of transfer of management of Government run homes under sections 8, 9, 34 and 37 of the Act to a voluntary organization, the same budget which the Government was spending on that home, shall be given to the voluntary organization as grant-in-aid under the Memorandum of Understanding signed between both the parties describing their role and obligations.

Admission of outsiders. [Section 68(2)(xviii)].- No stranger shall be admitted to the premises of the institution, except with the permission of the Chief Inspector or Officer-in-charge.
Identity Photos. [Section 68(2)(xviii)].- (1) On admission to a home established under the Act, every juvenile or the child shall be photographed and three copies of the photograph shall be obtained.

(2) One photograph shall be kept in the case file of the juvenile or the child, one shall be fixed with the index card and the third copy shall be kept in an album serially with the negative in another album.

Police Officers to be in plain clothes. [Section 68(2)(xviii)].- While dealing with a juvenile or a child under the provisions of the Act and the rules made thereunder except at the time of arrest, the Police Officer shall wear plain clothes and not the police uniform.
Prohibition on the use of handcuffs and fetters. [Section 68(2)(xviii)].- No juvenile or the child dealt with under the provisions of the Act and the rules made thereunder shall be handcuffed or fettered.
Visitor's Book. [Section 68(2)(xviii)].- (1) A Visitor's book shall be maintained, in every institution, in which the person visiting the home shall record the date of his visit with remarks or suggestions, which he may think proper.

(2) The Officer-in-charge shall forward a copy of every such entry to the designated authority, and the local authority, with such remarks as he may desire to offer in explanation or otherwise, and thereon, the designated authority shall issue such orders as he may consider necessary.

Maintenance of Registers. [Section 68(2)(xviii)].- The Officer-in-charge shall maintain in his office registers and forms, as per requirement.
Procedure for sending a juvenile or child outside the jurisdiction of the competent authority. [Section 68(2)(xviii)].- (1) In the case of a juvenile or a child whose ordinary place of residence lies outside the jurisdiction of the competent authority, and if the competent authority considers it necessary to take action under section 60 of the Act, it shall direct a probation officer to make enquiries as to the fitness and willingness of the relative or other person to receive the juvenile or the child at the ordinary place of residence, and whether such relative or other fit person can exercise proper care and control over the juvenile or the child.

(2) Any juvenile or a child, who is a foreign national and who has lost contact with his family shall also be entitled for protection.

(3) The juvenile or the child, who is a foreign national, shall be repatriated, at the earliest, to the country of his origin in co-ordination with the Ministry of External Affairs and respective Embassy or High Commission.

(4) On being satisfied with the report of the probation officer or case worker or child welfare officer, as the case may be, the competent authority may send the juvenile or the child, if necessary, on execution of a bond by the juvenile, as nearly as in Form V, to the said relative or fit person on giving an undertaking by the said relative or fit person in Form VI.

(5) A copy of the order passed by the competent authority under section 50 shall be sent to :-

(a) the probation officer who was directed to submit a report under sub-rule (1);

(b) the probation officer, if any, having jurisdiction over the place where the juvenile or the child is to be sent;

(d) the relative or the person who is to receive the juvenile or the child.

(6) Any breach of a bond or undertaking or of both given under sub-rule (4), shall render the juvenile or the child liable to be brought before the competent authority, who may make an order directing the juvenile or the child to be sent to a home.

(7) During the pendency of the order under sub-rule (4), the juvenile or the child shall be sent by the competent authority to an observation home or children home.

(8) Where in the case of a juvenile or a child, the competent authority considers it expedient to send the juvenile or the child back to his ordinary place of residence under section 50, the competent authority shall inform the relative or the fit person, who is to receive the juvenile or the child accordingly, and shall invite the said relative or fit person to come to the home, to take charge of the juvenile or the child on such date, as may be specified by the competent authority.

(9) The competent authority inviting the said relative or fit person under sub-rule (8) may also direct, if necessary, the payment to be made by the Officer-in-charge of the home, of the actual expenses of the relative or fit person's journey both ways, by the appropriate class and the juvenile's or child's journey from the home to his ordinary place of residence, at the time of sending the juvenile or the child.

(10) If the relative or the fit person fails to come to take charge of the juvenile or the child on the specified date, the juvenile or the child shall be taken to his ordinary place of residence by the escort of the observation home and in the case of a girl, at least one escort shall be a female.

Mode of dealing with Juvenile or Child suffering from dangerous diseases or mental complaint. [Section 68(2)(xviii)].- (1) When a juvenile or a child kept in a home under the provisions of the Act, or placed under the care of a fit person or a fit institution, is found to be suffering from a disease, requiring prolonged medical treatment or physical or mental complain, which will respond to treatment is found addicted to a narcotic drug or psychotropic substance; the juvenile or the child may be removed by an order of the authority empowered on this behalf to an approved place set up for such purpose for the remainder of the term for which he has to stay under the order of the competent authority or for such period as may be certified by medical officer to be necessary for the proper treatment of the juvenile or the child.

(2) Where it appears to the authority ordering the removal of the juvenile or the child under sub-rule (1), that the juvenile or the child is cured of the disease or physical or mental complain, he may, if the juvenile or the child is still liable to stay, order the person having in charge, to send the juvenile or the child to the home or fit person from which or from whom he was removed, or if the juvenile or the child is no longer liable to be kept in home, order him to be discharged.

(3) Where action has been taken under sub-rule (1), in the case of a juvenile or a child suffering from an infectious or contagious disease, the authority empowered under the sub-rule (1), before restoring the said juvenile or child to his partner in marriage or to the guardian, as the case may be, shall where it is satisfied that such action shall be in the interest of the said juvenile or child, call upon the partner in marriage or the guardian, as the case may be, to satisfy it that such partner or guardian will not infect the juvenile or child.

(4) If there is no organization either within the jurisdiction of the competent authority, or nearby State for sending the juvenile or child suffering from dangerous diseases, as required under section 58 of the Act, necessary organization shall be set up by the State Government at such places, as it may deem fit.

Personnel/Staff of a Home. [Section 68(2)(xviii)].- (1) The personnel strength of a home shall be determined according to the duty, posts, hours of duty per day as the base for each category of staff.

(2) The institutional/organizational set up shall be fixed in accordance with the size of the home, the capacity, workload, distribution of functions and requirements of programmes.

(3) The whole-time staff in a home may consist of Superintendent/Project Manager, Probation Officer (in case of Observation home or Special home), Case Workers (in case of Children's home or shelter home or after care organization), Child Welfare Officers, Counsellor, Educator, Vocational Training Instructor, Medical Staff, Administrative Staff, Care Takers, house father and house mother, store keeper, cook, helper, washerman, safai karamchari, gardener as required.

(4) The part-time staff shall include Psychiatrist, Psychologist, Occupational therapist, and other professionals as may be required by time to time.

(5) The staff of the home shall be subject to control and overall supervision of the Superintendent or Project Manager, who by order, shall determine their specific responsibilities and shall keep the concerned authority informed of such orders made by him from time to time.

(6) The duties and responsibilities of the staff under the Superintendent or the Project Manager shall be fixed in keeping with the statutory requirements of the Act.

(7) The Superintendent or the Project Manager and such other staff who may be required, shall live in the quarters provided for them within the premises of the home.

(8) The number of posts in each category of staff shall be fixed on the basis of capacity of the institution; and the staff shall be appointed in accordance with the educational qualifications, training and experience required for each category.

(9) The suggested staffing pattern for an institution with a capacity of 100 juveniles or children could be as mentioned below :-

Sr. No.	Designation	Number of Posts
1.	Superintendent or Project Manager	1
2.	Counsellor	2
3.	Case Worker or Probation Officer	3
4.	House Mother or House Father	4
5.	Educator	2 (Voluntary or part-time).
6.	Vocational Instructor	1
7.	Doctor	1 (Part-time)
8.	Paramedical staff	1
9.	Store-keeper-cum-Accountant	1
10.	Driver	1
11.	Cook	2
12.	Helper	2
13.	Sweeper	2
14.	Art & Craft-cum-Music Teacher	1 (Part-time)
15.	Gardener	1 (Part-time)
	Total	25

(10) The number of posts in the category of counsellor, case worker or probation officer, house father or house mother, educator and vocational instructor shall proportionally increase with the increase in the capacity of the institution.

Special Juvenile Police Unit and Juvenile or the Child Welfare Officer. [Sections 63 and 68(2)(xviii)].- (1) The State Government shall appoint Special Juvenile Police Unit at the district and a Juvenile or a Child Welfare Officer shall be designated in term of section 63 of the Act, at the level of police station.

(2) The Special Juvenile Police Unit at the district level staff shall function under a juvenile police officer (of the rank of Inspector of Police) and two paid social workers of whom one shall be a woman and another preferably child expert or having relevant experience.

(3) The Special Juvenile Police Unit at other places shall be aided by two or more honorary social workers.

(4) The Special Juvenile Police Units shall be assisted by recognized voluntary organizations, who will help them in identifying juveniles and helping the juveniles or children under the Act.

Honorary/Voluntary Probation Officers. [Section 68(2)(xviii)].- To augment existing probation service, honorary or voluntary probation officers may be appointed from the voluntary organization and social workers found fit for the purpose by the competent authority and their probation services may also be co-opted into the implementation machinery by the orders of the competent authority.
Duties of the Officer-in-charge of Homes. [Section 68(2)(xviii)].- The general duties, functions and responsibilities of the Officer-in-charge shall be as follows:-

(a) Providing homely atmosphere of love, affection, care, development and welfare of juveniles or children;

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

(d) Monitoring of juveniles or children, as the case may be, training and treatment programmes and correctional activities;

(e) Supervision over juveniles or children's discipline and moral well being;

(f) Allocation of duties to personnel;

(g) Attending to personnel welfare and staff discipline;

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

(i) Supervision over office administration;

(j) Monthly office inspection;

(k) Daily inspections and round of institution;

(l) Inspecting and tasting food prepared for juvenile or child;

(m) Take prompt action to meet emergencies;

(n) To take appropriate rehabilitation measures.

Duties of a Probation Officer. [Section 68(2)(xviii)].- (1) On receipt of information from the Officer-in-charge, the Special Juvenile Police Unit under clause (b) of section 13 of the Act, the probation officer shall inquire into the antecedents and family history of the juvenile or the child and such other material circumstances, as may be necessary and submit a social investigation report as early as possible, in Form VIII, to the Board.

(2) Every probation officer shall carry out all directions given by the Board or the Committee or concerned authority and shall perform the following duties namely :-

(a) to make inquiries regarding the home and school conditions, conduct, character and health of juvenile or child under their supervision;

(b) to attend regularly the proceedings of the Board and submit reports;

(d) to visit regularly the residence of the juvenile or the child under their supervision and also places of employment or school attended by such juvenile or the child and to submit fortnightly reports as prescribed in Form IX;

(e) to accompany juveniles or children where ever possible from the office of the Board to observation home, special home, children's home or fit person, as the case may be;

(f) to bring before the Board or the Committee, immediately juveniles or children who have not been of good behaviour during the period of supervision.

(g) follow-up of juveniles or children after their release from the organizations and extending help and guidance to them.

(h) establishing linkages with voluntary workers and organisations to facilitate rehabilitation and social reintegration of juveniles or children and to ensure the necessary follow up;

(i) ensuring that the children's need of food and cloth are met as per the specified standard;

(j) to ensure the cleanliness of the premises and maintenance of physical infrastructure including provisions of water and electricity.

(3) The probation officer shall not employ a juvenile or children under their supervision for their own purposes or take any private service from them.

Duties of Case Workers/Child Welfare Officer. [Section 68(2)(xviii)].- The general duties, functions and responsibilities of Case Worker or Child Welfare Officer shall be as follows :-

(a) Making social investigation of the juvenile or the child through personal interview and from the family, social agencies and other sources;

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

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

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

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

(g) Ensuring that the children's need of food and cloth are met as per the specified standard;

(h) Ensure the cleanliness of the premises and maintenance of physical infrastructure including provisions of water and electricity.

Duties of House Father/House Mother. [Section 68(2)(xviii)].- (1) The general duties, functions and responsibilities of a house father, house mother and other care taker shall be as follows :-

(a) Handling juvenile or child with love and affection;

(b) Taking proper care and welfare of juvenile or child;

(d) Maintenance, sanitation and hygiene;

(e) Implementing daily routine in an effective manner and ensuring children's involvement;

(f) Looking after the security and safety arrangements of the home;

(g) Escorting juveniles or children, whenever they go out of the home.

Training of personnel. [Section 68(2)(xviii)].- (1) Training to personnel of each category of staff in keeping with their statutory responsibilities and specific job requirements shall be provided by the State Government.

(2) The training programme shall include -

(a) orientation and training of the newly-recruited staff;

(b) refresher training courses for every staff member atleast once in every five years; and

(c) conferences, seminars, workshops, along with the various components or functionaries of the Juvenile Justice System and the State Government at various levels of the personnel organisation.

Openness and Transparency [Section 68(2)(xviii)].- (1) All Children's Homes shall be open to visitors with the permission of the Superintendent or the Project Manager, particularly the representatives of Local Self Government, voluntary organisations, social workers, researchers, medicos, academicians, prominent personalities/media and any other person, as the Superintendent or the Project Manager considers appropriate keeping in view the security, welfare and the interest of the child.

(2) The Superintendent of the home shall encourage active involvement of local community in improving the conditions in the homes, if, the members of the community want to serve the institution or want to contribute through their expertise.

(3) The Superintendent or the Project Manager shall maintain a Visitor's Book and the remarks of the visitors given therein shall be considered by the advisory inspecting authority.

(4) While visiting an institution, the visitors will not say or do anything that undermines the authority of the Superintendent or the Project Manager or is in contravention of the Act or rules or impinges on the dignity of the child.

(5) The visitors may be allowed to visit observation homes and special homes with the permission of the competent authority.

Juvenile Justice Fund. [Section 68(2) (xviii)].- (1) There shall be created a Fund at the State level under section 61 of the Act to be called the "Juvenile Justice Fund" (hereinafter referred to as the "Fund") for the welfare and rehabilitation of the juvenile or the child dealt with under the provisions of the Act.

(2) The fund shall be applied, -

(a) to implement programmes for the welfare and rehabilitation of juvenile or children under the Act,

(b) for imparting training and education/vocational skills,

(d) repair and construction of buildings,

(e) any other purpose in the interest of inmates as approved by the State advisory board,

(f) to meet the expenses of State advisory board and its purpose, and

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

(3) The management and administration of the fund, shall be under the control of the State advisory board under sub-section (3) of section 61 of the Act and financial power to incur expenditure from the fund will be as under :-

Director, Social Justice and Empowerment Department, Haryana	Upto Rs. 0.30 lac
Administrative Secretary	Upto Rs. 3.00 lac
Minister	Upto Rs. 5.00 lac
The board will have full power	Above Rs. 5.00 lac

(4) The assets of the fund shall include all such grants and contributions, recurring or non-recurring, from the Central Government and State Government or any other statutory or non-statutory bodies set up by the Central or State Government as well as the voluntary donations from any individual or organisation.

(5) All withdrawals shall be made by cheques or requisitions, as the case may be, signed by the secretary-cum-treasurer in the case of amounts not exceeding rupees one thousand and signed duly by the secretary-cum-treasurer and other member of the board of management to be nominated by the State advisory board.

(6) The regular accounts shall be kept of all moneys and properties, and all incomes and expenditure of the Fund and shall be audited by a notified firm of Chartered Accountants, or any other recognised authorities as may be appointed by the Board.

(7) The auditors shall also certify the expenditure from the Fund made by the secretary-cum-treasurer.

(8) All contracts and other assurances shall be in the name of the board of management and signed on their behalf by the secretary-cum-treasurer and one member of the board of the management authorised by it for the purpose.

(9) The board of management shall invest the proceeds of sale or other disposal of the property, as well as any money or property not immediately required to be used to serve the objective of the Fund, in any one or more of the modes of investment for the time being authorised by law for the investment of trust moneys as the board of management may think proper.

(10) The board of management may delegate to one or more of the members such of its powers, which in its opinion are merely a procedural arrangement.

Pending Cases. [Section 68(2) (xviii)].- (1) No juvenile in conflict with law or a child shall be denied the benefits of the Act and the rules made thereunder.

(2) All pending cases which have not received a finality shall be dealt with and disposed of in terms of the provisions of the Act and the rules made thereunder.

(3) Any juvenile in conflict with law, or a child shall be given the benefits under sub-rule (1), and it is hereby clarified that such benefits shall be made available not only to those accused who was juvenile or a child at the time of commission of an offence, but also to those who ceased to be a juvenile or a child during the pendency of any enquiry or trial.

(4) While computing the period of detention of stay of a juvenile in conflict with law or of a child, all such period which the juvenile or the child has already spent in custody, detention or stay shall be counted as a part of the period of stay or detention contained in the final order of the competent authority

Disposal of records/documents. [Section 68(2) (xviii)].- The records or documents in respect of a juvenile or a child shall be kept in a safe place for a period of seven years and no longer and thereafter, be destroyed with the help of the Board or the Committee.
Repeal and Saving.- The Haryana Juvenile Justice Rules, 1988, which are in force immediately before the commencement of these rules, are hereby repealed :

Provided that any order made or action taken under the rules as repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.

Form-I

(See sub-rule (7) of rule 22 and sub-rule (2) of rule 27)

Probation Officer/Person in-charge Voluntary Organization/Social Worker/Case Worker

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

(2) _________ son/daughter of _______ residing at _______ has been produced before the Board/Committee under section ______ of the Juvenile Justice (Care and Protection of Children) Act, 2000.

You are hereby directed to enquire into the character and social antecedents of the said juvenile and submit your social investigation report on or before _____ or within such time allowed to you by the Board/Committee.

Dated this ___________ day of _____________ 20 _______________.

Seal

(Signature)

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

Form-II

(See sub-rule (8) of rule 22 and sub-rule (2) of rule 34)

Supervision Order

When the juvenile is placed under the care of a parent, guardian or other fit person

Profile No. _______________ of _____________20 ________________.

Whereas ______ (name of the juvenile/child) has this day found to have committed an offence and has been placed under the care of (name) ______ (address) _______ on executing a bond by the said _________ and the court is satisfied that it is expedient to deal with the said juvenile or child by making an order placing him/her under supervision. It is hereby ordered that the said juvenile be placed under the supervision of _______ probation officer/case worker, for a period of _________ subject to the following conditions :-

that the juvenile/child along with the copies of order and the bond executed by the said _______ shall be produced before the probation officer/case worker named therein ________.
that the juvenile/child shall be submitted to the supervision of the probation officer.
that the juvenile/child reside at ___________ for a period of _________.
that the juvenile/child shall not be allowed to quit the district jurisdiction of ________ without the permission of the probation officer/case worker.
that the juvenile/child shall not be allowed to associate with bad characters.
that the juvenile/child shall live honestly and peacefully; and will go to school regularly/endeavour to earn an honest livelihood.
that the juvenile/child shall attend the attendance centre regularly.
that the person under whose care the juvenile/child is placed shall arrange for the proper care, education and welfare of the juvenile/child.
that the preventive measures will be taken by the person under whose care the juvenile/child is placed to see that the child does not commit any offence punishable by any law in force in India.
that the juvenile/child shall be prevented from taking narcotic drugs or psychotropic substances or any other intoxicants.
that the directions given by the probation officer/case worker from time to time, for the due observance of the conditions mentioned above, shall be carried out.

Dated this ____________ day of _____________ 20 ______________.

(Signature)

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

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

Form-III

(See sub-rule (10) of rule 22 and sub-rule (11) of rule 26)

Order of detention under sub-section _________ of section ________ sub-section ______ of section ________ and sub-section _______ of section _________.

The Officer-in-charge/Project Manager

Whereas on the ____________ day of ______20 _________ (name of the juvenile/child) son/daughter of ________ aged ____ residing at ________ being found in Profile No. _______ to be juvenile in conflict with law/child in need of care and protection under section ______ is ordered by me __________ Principal Magistrate, Juvenile Justice Board/Chairperson, Child Welfare Committee, under section ___________ of Juvenile Justice Act, 2000 to be kept in the Special Home/Children Home/Shelter Home _______ for a period of ___________.

This is to authorise and require you to receive the said juvenile/child into your charge, and to keep him/her in the Special Home/Children Home/Shelter Home _________ for the aforesaid order to be carried into execution according to law.

Given under my hand and the seal of Juvenile Justice Board/Civil Welfare Committee.

This _____________ day of ________________20 _____________.

(Signature)

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

Encl :

Copy of the judgement, if any, of orders, particulars of home and previous record:

*Strike out which is not required.

Previous history under the Juvenile Justice (Care and Protection of Children) Act, 2000.

Date	Order passed including period of detention, if any	Section	Competent Authority

Form-IV

(See sub-rule (9) of rule 22 and sub-rule (10) of rule 26)

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

Whereas _______ I, ___________ being the parent, guardian, relative or fit person under whose care (name of the juvenile/child) has been ordered to be placed by the Juvenile Justice Board/Child Welfare Committee ________ have been directed by the said Juvenile Justice Board/Child Welfare Committee to execute a bond in the sum of Rs. ______ (Rupees __________) with one surety*/two sureties, I hereby bind myself on the said _____ being placed under my care. I shall have the said ________ properly taken care of and I do further bind myself to be responsible for the good behaviour of the said _________ and to observe the following conditions for a period of _______ years commencing from _________ :

(1) that I shall not change my place of residence without giving previous intimation in writing to the Juvenile Justice Board/Child Welfare Committee through the Probation Officer/Child Welfare Officer;

(2) that I shall not remove the said _________ from the limits of the jurisdiction of the Juvenile Justice Board/Civil Welfare Committee without previously obtaining the written permission of the Board/Committee;

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

(4) that I shall send the said ________ to an Attendance Centre regularly unless prevented from so doing by circumstances beyond my control;

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

(6) that I shall produce the said ________ misbehaves or absconds from my care;

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

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

Dated this _______________ day of _________ 20 _____.

Before me signed

Signature of person executing the bond.

Additional conditions, if any, by the Juvenile Justice Board/Child Welfare Committee may be entered numbering them properly.

(Where a bond with sureties is to be executed add)

I/We _________ of _________ (place of residence with full particulars) ________ hereby declare myself surety/yourselves sureties for the aforesaid _________ (name of the person executing the bond) __________ do and perform and in case of his making fault therein; I/We hereby bind myself/ourselves jointly said severally to forfeit to Government the sum of Rs. ________ dated this the ________ day of _______ 20 ________ in the presence of __________.

(Signed)

Form-V

(See sub-rule (4) of rule 46)

Bond to be signed by juvenile/child who has been ordered under Clause ________ of Sub-section _________ of Section _________ of the Act.

Whereas, I, __________ inhabitant of (give full particulars such as house number, road, village/town, tehsil, district, State ________ have been ordered to be sent back to my native place by the Juvenile Justice Board/Child Welfare Committee ________ under section _______ of the Juvenile Justice (Care and Protection of Children) Act, 2000 on my entering into a bond under Sub-rule __________ of rule _______ of the Haryana Juvenile Justice (Care and Protection of Children) Rule, 2002 to observe the conditions mentioned herein below. Now, therefore, I do solemnly promise to abide by these conditions during the period _______________.

I hereby bind myself as follows :

That during the period ________ I shall not ordinarily leave the village/town/district to which I am sent and shall not ordinarily return to _________ or go anywhere also beyond the said district without the prior permission of the Board/Committee.
That during the said period I shall attend work/school in the village/town or in the said district to which I am sent.
That in case of my attending work/school at any other place in the said district I shall keep the Board/Committee informed of my ordinary place of residence.

Form-VI

(See sub-rule (4) of rule 46)

I, ________ resident of ___________ give full particulars such as house No./road, village/town, district, State ______ do hereby declare that I am willing to take charge of __________ aged _______ under the orders of the Juvenile Justice Board/Child Welfare Committee _________ subject to the following terms and conditions :

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

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

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

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

Dated this _______________ day of _____________ 20 _____.

Signature :

Signature and address of witness(es) :

Form-VII

(See sub-rule (5) of rule 18)

I, ________ name and designation of the releasing authority ________ State Government do by this order permit ________ son/daughter of ________ caste ________ residence ______ number _______ who was ordered to be detained in an observation home, special home, children home, shelter home, after care home by the Juvenile Justice Board/Child Welfare Committee ___________ under section __________ of the Juvenile Justice (Care and Protection of Children) Act, 2000, for a term of ________ on the ________ day of _______20 _____ and who is now in the _____ home, at ________ to be discharged from the said _______ on condition that he/she be placed under the supervision and the authority of _________ during the remaining position of the aforesaid period of stay.

This order is granted subject to the conditions endorsed hereon, upon the breach of any which it shall be liable to be revoked.

Dated :

Place :

Signature and Designation of Releasing Authority.

Conditions

The released person shall proceed to ________ and live under the supervision and authority of ________ until the expiry of the period of his/her detention unless the remission is sooner cancelled.
He/She shall not, without the consent of the _______ remove himself/herself from that place or any other place, which may be named by the said ________.
He/She shall obey such instructions as he/she may receive from the said ______ with regard to punctual and regular attendance at employment or otherwise.
He/She shall attend the Attendance Centre at ________ regularly.
He/She shall abstain from committing any offence and shall lead a sober and industrious life to the satisfaction of ________.
In the event of his/her committing a breach of any of the above conditions the remission of the period of detention hereby granted shall be liable to be cancelled and on such cancellation he/she shall be dealt under sub-section (3) of section 59 of the Juvenile Justice (Care and Protection of Children) Act, 2000.

I hereby acknowledge that I am aware of the above conditions which have been read over/explained to me and that I accept the same.

(Signature or mark of the released person)

Certified that the conditions specified in the above order have been read over/explained to (Name) _________ and that he/she has accepted them as the conditions upon which the remission of the period of detention has been granted to him/her and that he/she has been realized accordingly on the __________.

Signature and Designation of the certifying authority (i.e. Officer-in-charge of the institution)

Form-VIII

(See sub-rule (1) of rule 52)

Social Investigation Report

Serial No.

Submitted to the Juvenile Justice Board/Child Welfare Committee ___ (address).

Profile No.

Probation Department

Profile No.

Under section

Title of Profile

Police Station

Nature of offence charge

(in the case of delinquent juvenile)

Name	Religion
Father's Name	Caste
Permanent Address	Year of birth
Last address before arrest	Age
	Sex

Previous institutional history, if any

Family

Members of Family	Name	Age	Health	Occupation or School	Wages, if any
Father
Step Father
Mother
Step Mother
Sub-mother
Siblings
If married, relevant particulars
Other near relatives or agencies interested
Attitude towards religion normal and ethical code of the home etc.
Social and economic status
Delinquency record of members of family
Present living conditions
Relationship between Parents/Parent and children especially with the child under investigation
Other facts of importance if any
Juvenile's/Child's History
Mental condition Present and past
Physical condition Present and past
Habits, interest (moral, recreational etc.)
Outstanding characteristics and Personality traits
Companions and their influence
Truancy from home, if any
School (attitude towards school, Teachers, class mates and vice-versa
Work record (jobs held, reasons for leaving Vocational interests, attitude towards job or employers)
Neighbourhood and neighbours report
Parent attitude towards discipline in the home and child's reaction
Any other remarks

Result of Inquiry

Emotional factors

Physical condition

Intelligence

Social and economic factors

Religious factors

Places of interview	Dates
___________________________	___________________________
___________________________	___________________________
___________________________	___________________________

Supreme Court Judgments

High Court Judgments

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Circulars & Notices

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Haryana Juvenile Justice (Care and Protection of Children) Rules, 2002

Related judgement on Haryana Juvenile Justice (Care and Protection of Children) Rules, 2002