Section 69 in Jharkhand Juvenile Justice (Care and Protection of Children) Rules, 2017
69. Institutional Management of Children.
- A. (1) Every child shall be received by the Person-in-charge of the Child Care Institution or such other official duly authorised by the Person-in-charge to receive a child, referred to as the Receiving Officer.(2)The Receiving Officer shall satisfy himself as regards the identity of the child and in case of any doubt, the Receiving Officer shall promptly inform the Person-in-charge who shall forthwith inform the Board or the Committee and produce the child before the Board or the Committee without any delay.B. Types of Stay at the Child Care Institution. - (1) In case of children in conflict with law, there are three types of stay of children at the Child Care Institution:(i)protective custody;(ii)overnight protective stay;(iii)rehabilitation stay.(2)In case of children in need of care and protection, there are two types of stay of children at the Child Care Institution:(i)overnight protective stay;(ii)rehabilitation stay.C. Protective Custody. - (1) A Protective Custody Card in Form 41 duly signed by the Board or a custody warrant duly signed by the Children's Court is required for such stay.(2)Duration of such stay shall be as directed by the Board or the Children's Court and as extended from time to time by them.(3)Such a stay shall be during the pendency of the inquiry.D. Overnight Protective Stay. - (1) The purpose of the stay is to provide shelter to the child and prevent his being kept overnight at the police station or at any other unsuitable place by providing an alternative.(2)Such stay may be only after 20:00 hrs in the night and till14:00 hrs on the following day.(3)A child shall be permitted to stay at the Child Care Institution for one night on an application seeking overnight protective stay of the child moved by the Child Welfare Police Officer in writing to the Receiving Officer. The application shall be accompanied with a copy of the relevant documents showing the circumstances in which the child was apprehended or found and the medical condition of the child.(4)Upon being satisfied about the identity of the child, the child may be received by the Receiving Officer and Form 42 shall be filled in triplicate. One copy of the form shall be retained as record of the Child Care Institution, one copy shall be handed over to the Child Welfare Police Officer and the third copy shall be forwarded to the Board or the Committee concerned for their record.(5)The child shall be handed over to the charge of the Child Welfare Police Officer the next day at the time stated in the form under receipt by the said Child Welfare Police Officer in the copy of the form.(6)In case of the Child Welfare Police Officer not taking the charge of the child at the designated time, the child shall be produced before the Board concerned or the Committee by the Person-in-charge of the Child Care Institution with a report stating such fact.(7)The particulars of the child shall be entered in the admission and discharge register, noting that the child has been received for overnight protective stay.(8)The child shall be searched physically and all his personal belongings, if any that are found, shall be handed over to the Child Welfare Police Officer who has produced the child and who shall seize the articles and furnish a copy of such seizure to the Receiving Officer.(9)The child shall be provided food to eat and drink,if the child is hungry, irrespective of the time of receiving such child.(10)The child shall be placed for the night in the reception dormitory or the segregation unit as the case may be.E. Rehabilitation Stay. - (1) A child may be sent to the Children's Home by the Committee for such a stay and to the special home or the place of safety by the Board or the Children's Court.(2)The child shall be issued the Rehabilitation Card in Form 14 which shall state the duration of stay of the child, unless the duration is shortened by a specific order in that respect by the Board or the Committee or the Children's Court.F. Procedure to be Adopted at the time of Receiving the Child. - (1) The Receiving Officer shall follow the following procedure at the time the child is produced:(i)a full personal description of the child shall be entered in the admission and discharge register. In case of rehabilitation stay, the date of release of the child shall also be noted;(ii)the child shall be searched after explaining the requirements and the process, and with due regard to decency and dignity and all the personal belongings shall be dealt with as stated in rule 72 of these rules. A girl child shall be searched only by a female member of the staff;(iii)the child shall be provided food to eat and drink if the child is hungry, irrespective of the time of receiving such child;(iv)the child shall be provided medical care in case of ill-health, injury, mental ailment, disease or addiction requiring immediate attention;(v)the child shall be segregated in specially earmarked dormitory or ward or hospital in case he is suspected to be suffering from contagious or infectious disease requiring special care and caution;(vi)the child shall be asked about any immediate and urgent needs like appearing in an examination or interview, contacting family members. A note of the same or of the fact that no such need is present shall be made by the Receiving Officer and put up before the Child Welfare Officer or Case Worker to whom the child is assigned. The said note shall be placed in the case file of the child.(2)Every child received in the Child Care Institution shall be kept for the first fourteen days of his stay in the reception dormitory made specifically for the purpose or the segregation unit, so that the child adjust to the life in the Child Care Institution.G. Procedure to be adopted after the child is received. - (1) The following procedure shall be adopted on the same day or the next day if the child is received in the night:(i)photograph of the child shall be taken. One photograph shall be kept in the case file of the child and another shall be fixed on the index card with the particulars of the child. A copy shall be kept in an album serially numbered and a copy of the photograph shall be sent to the Board or the Committee as well as to the District Child Protection Unit and be uploaded on the designated portal set up for the purpose;(ii)the child may have a bath and be provided fresh clothes. The caregiver shall issue the child toiletry items, new sets of clothes, bedding and other outfit and equipment as per rule 30 of these rules, a list of which shall be kept in his case file. The provisions will be replenished from time to time as per rule 30 of these rules;(iii)the Child Welfare Officer or Case Worker shall familiarise every newly admitted child with the Child Care Institution and its functioning, particularly in the following areas:-(a)personal health, hygiene and sanitation;(b)discipline of the Child Care Institution and code of behaviour;(c)daily routine activities and peer interaction; and(d)rights, responsibilities and obligations within the Child Care Institution.(iv)the child shall be examined by the medical officer, who shall record the state of health of the child, and of any wound or mark on his person and any other observation which the medical officer thinks fit and a copy of which shall be placed in the medical record of the child;(v)a Child Welfare Officer or Case Worker shall be assigned to the child by the Person-in-charge.H. Procedure to be adopted during the first fourteen days of receiving the child. - (1) The assigned Child Welfare Officer or Case Worker shall interact with the child as often as possible.(2)Within two days of the receipt of the child, if required, he may be examined by a panel of doctors to understand his physical, medical, psychological state and his state of addiction, if any, for assessment of his personality and requirements to assist in the rehabilitation plan to be prepared for him.(3)The Child Welfare Officer or Case Worker assigned to the child shall also interact with the family members of the child, where available. A case history in Form 43 shall be prepared and maintained in the case file of the child. Information for the same may be collected through all possible and available sources including the parents or guardians, home, school, friends, employer and community of the child.(4)The Child Welfare Officer or Case Worker shall assess the educational level and vocational aptitude of the child on the basis of tests and interviews, conducted with the assistance of other technical staff. Necessary linkages, in this respect, shall be established with outside specialists and community based welfare agencies, psychologist, psychiatrist, child guidance clinic, hospital and other Government and non-governmental organisations.I. Procedure to be adopted on the expiry of the first fourteen days. - (1) The child shall be shifted to one of the regular dormitories and assigned a specific bed, cabinet and study table in that dormitory.(2)Assignment of the dormitory shall be done on the basis of:(i)age;(ii)nature of offence committed by or against the child;(iii)physical and mental status of the child;(iv)children, requiring special care, shall be kept in a different dormitory.(3)An individual care plan in Form 7 of the child shall be prepared by the Child Welfare Officer or Case Worker on the basis of the child's case history, education and vocational aptitude. In case of rehabilitation stay, the care plan shall be formulated for the complete period of the stay and shall necessarily include any and all directions given by the Board or the Committee or the Children's Court towards the rehabilitation including bridge courses, formal, informal or continuing education.(4)The Child Welfare Officer or Case Worker shall review the individual care plan and note his opinion in the rehabilitation card in Form 14 on the basis of his own observations, interaction with the child and his teachers or instructors and the feedback received from the house father or house mother.(5)The Child Welfare Officer or Case Worker shall also maintain a record of any difficulty faced by the child during his stay at the Child Care Institution with a note of the steps taken to resolve the difficulty.(6)The Child Welfare Officer or Case Worker shall similarly keep a record of the complaints made by the child with regard to the facilities in the Child Care Institution with a note of the steps taken thereon.(7)The individual care plan shall be reviewed every fortnight during the initial three months and thereafter, every month. A report of its effectiveness or inadequacy shall be prepared with reasons for such opinion.J. Procedure to be adopted after three months. - (1) The progress of the child shall be examined, with specific reference to the aims and targets noted in the individual care plan for the child. The progress of the child shall be reviewed and noted in the rehabilitation card in Form 14.(2)The quarterly progress report shall be placed before the Management Committee for perusal and consideration.(3)After deliberation by the Management Committee, the individual care plan shall be appropriately modified. The routine of the child and the approach towards rehabilitation of the child shall also be suitably modified. Record of such modified care plan and daily routine shall be maintained in the case file of the child. The progress shall be reviewed and recorded in the rehabilitation card in Form 14.K. Pre-release planning. - (1) A well-conceived programme of pre-release planning and follow up of cases discharged from Children's Homes, special homes and places of safety shall be organised in all institutions as per the directions of the Board or the Committee or the Children's Court.(2)In the event of a child leaving the Child Care Institution without permission or committing an offence within the institution, the information shall be sent by the Person-incharge to the police and the family, if known; and the detailed report of circumstances along with the efforts to trace the child if the child is missing, shall be sent to the Board or the Committee or the Children's Court, as the case may be.L. Daily Routine in the Child Care Institution. - (1) Every child shall obey the order of an officer of the Child Care Institution or house representative and shall remain under discipline.(2)Every institution shall have a daily routine for the children in consultation with the Children's Committee, which shall be prominently displayed at various places within the institution.(3)The daily routine shall include, inter alia, for a regulated and disciplined life, personal hygiene and cleanliness, physical exercise, yoga, educational classes, vocational training, organised recreation and games, moral education, group activities, prayer and community singing and special programmes for Sundays and holidays.M. Behaviour of the Child. - (1) The children in the Child Care Institution will be oriented and trained to follow the rules and standards of good behaviour.(2)Every unacceptable behaviour shall be taken note of by the Children's Committee and the child found in violation of rules may be made to give an explanation. The Children's Committee may recommend appropriate action to the Person-in-charge. A copy of the report containing the description of the incident and the action taken thereupon shall be submitted to the Board or the Committee or the Children's Court by the Person-in-charge within twenty-four hours. A copy of same shall also be placed before the Management Committee for planning a long term strategy for prevention of such incidents.(3)A copy of the report shall be kept in the case file of the child concerned.(4)The Person-in-charge may deal with the violation appropriately giving due consideration to the recommendation of the Children's Committee and the safety and dignity of the child.(5)The Person-in-charge may seek the assistance of the counsellor or the Child Welfare Officer or Case Worker, any non-governmental organisation associated with the Child Care Institution in dealing with the situation.(6)A child showing exceptionally good behaviour shall be considered for appropriate reward or benefits by the Person-in-charge and note of the same shall be placed in the case file of the child.N. Manner of dealing with unacceptable behaviour. - (1) The action taken shall be commensurate with the nature and degree of violation and the age of the child and may be any of the following:(i)formal warning;(ii)assignment of house-keeping tasks;(iii)imposition writing i.e. writing a number of times that he shall not repeat the behaviour; and(iv)forfeiture of privileges viz. permission to watch television, permission to go for outdoor activity, sports and recreation and other preferred activity;(2)No child shall be subject to corporal punishment or any mental harassment including humiliating behaviour affecting the dignity of the child.O. Exceptional Good behaviour. - The following shall be considered good behaviour, namely :-(i)following the rules of discipline and adhering to the routine, assessed over a period of a month;(ii)preventing, any other child from indulging in any unacceptable behaviour or preventing violence;(iii)preventing any mishap by raising an alarm, evacuating other children in case of disaster;(iv)assisting any officer of the Child Care Institution in maintaining order. For the House representatives, in situations that may develop into an emergency, the behaviour before the sounding of the alarm would be considered;(v)informing the Child Welfare Officer of any plan of creating unrest or of escape;(vi)inform the Person-in-charge about any prohibited article or contraband;(vii)helping another child to come out of his trauma;(viii)performing exceptionally well in an examination in continuation of his studies, or vocational or rehabilitation courses;(ix)positive and adaptive behaviour;(x)any other good behaviour as found exceptional by the Person-in-charge.P. Reward or Benefits for maintaining exceptional behaviour. - The rewards to a child, at such rates as may be fixed by the management of the institution from time to time, may be granted by the Person-in-charge as an encouragement for good 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 child or child himself.
