Section 49 in The Maharashtra Juvenile Justice (Care and Protection of Children) Rules, 2002
49. Mode of dealing with child suffering from dangerous diseases or mental complaint.
(1)When a juvenile kept in a Special Home or Children Home or Shelter Home or an institution under the provisions of the Act or placed under the care of the fit person or a fit institution, is found to be suffering from a disease requiring prolonged medical treatment or physical or mental complaint or is found addicted to a narcotic drug or psychotropic substance, the child may be removed by an order of the competent authority, to an approved place set up for such purpose for the remainder of the term for which he has to be kept in the custody under the order of the Competent Authority or for such period as may be certified by a Medical Officer.(2)Where it appears to the authority ordering the removal of the child under sub-rule (1) that child is cured of the disease or physical or mental complaint, he may, if the juvenile is still liable to be kept in custody, order the person having charge of the juvenile to sent him back to the Home or institution or fit person from where or from whom he was removed, or if the juvenile or 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 the juvenile or a child suffering from an infectious or contagious disease, the authority empowered under sub-rule (1), before restoring the said juvenile or child to his partner in marriage or to the guardian or parent, as the case may be, shall where it is satisfied that such action will be interest of the said juvenile or child, call upon the partner in marriage or the guardian or the parent, as the case may be, to satisfy it that such partner or guardian or parent will not be re-infect the juvenile or child.(4)Children suffering from psychological problems shall be given proper psychological treatment.(5)Those children who are addicted to any substance like gutkha, smoking, drinking, drugs etc. shall be sent to a de-addiction centre for further treatment.(6)If there is no organization either within the jurisdiction of the State the competent authority or nearby area sending the child suffering from dangerous diseases as required in section 58, necessary arrangement may be made by the State Government at such places as may be deemed fit by it.
