Section 56 in The M.P. Juvenile Justice (Care and Protection of Children) Rules, 2003
56. Mode of Dealing with child suffering from contagious diseases or mental complaint.
(1)When 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 complaint that will respond to treatment or is found addicted to a narcotic drug or psychotropic substance, the child may be shifted by an order of the authority empowered in this behalf to an approved place set up for such purpose for the remainder of the term for which he has to be kept in custody 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 child.(2)Where it appears to the authority ordering the shifting of the child under sub-rule (1) that the child is cured of the disease or physical or mental complaint he may, if the child is still liable to be kept in custody, order the person having charge, send child to the home or fit person from which or from whom he was shifted or if the child is no longer liable to be kept in home, order him to be discharged.(3)Where it is found that the child has been institutionalized because his or her partner in marriage or parent or guardian is suffering from a contagious disease, support through the sponsorship scheme shall be given to the said person to enable the child to be restored to the family as soon as possible. The best interest of the child shall be the paramount consideration. As far as possible, all new cases coming for voluntary admission to the Child Welfare Committee shall be screened and appropriate non-institutional options explored.(4)If there is no organization either within the jurisdiction of the competent authority or nearby State for sending the child suffering from contagious diseases as required in Section 58 of the Act, necessary organization shall be set up by the State Government at such places as may be deemed fit by it.(5)Institutional authorities shall also provide children and institutional staff with access to HIV related prevention information and education. Facilities for voluntary testing and counseling, means of prevention, treatment and care shall be provided in a phased manner. Confidentiality should be assured and mandatory testing, segregation and denial of access to facilities and privileges prohibited. Compassionate early release or referral of residents living with AIDS shall be considered.
