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State of Bihar - Section

Section 66 in Bihar Juvenile Justice (Care and Protection of Children) Rules, 2015

66. Restoration and Follow-up.

(1)The order for restoration of the juvenile or child shall be made by the Board or Committee on the basis of a fair hearing of the juvenile or child and his parents or guardian, as well as on the reports of the Probation Officers or Child Welfare Officers or non-governmental organizations directed by the Board or Committee to conduct the home study and any other relevant document or report brought before the Board or Committee for deciding the matter.
(2)The Board or Committee shall send a copy of the restoration order along with a copy of the order for escort as per Form XXII to the District Child Protection Unit or State Government who shall provide funds for restoration of the juvenile or child.
(3)Every restoration shall be planned for as part of the individual care plans prepared by the case-workers or counsellors or child welfare officers or probation officer, as the case may be, and shall be based on the review and recommendations of the Management Committee set up under Rule 56 of these rules.
(4)Besides police, the Board or Committee may seek collaboration with non-governmental organizations to accompany juveniles or children back to their family for restoration.
(5)In case of girls, the juvenile or child shall necessarily be accompanied by female escorts.
(6)The expenses incurred on restoration of a juvenile or child, including travel and other incidental expenses, shall be borne by the District Child Protection Unit or State Government, if directed by the competent authority.
(7)When a juvenile or child expresses his unwillingness to be restored back to the family, the Board or Committee shall make a note of it in its records in writing and such juvenile or child shall not be coerced or persuaded to go back to the family, particularly if the social investigation report of the child welfare officer or probation officer establishes that restoration to family may not be in the best interest of the juvenile or child or, if the parents or guardians refuse to accept the juvenile or child back.
(8)A follow-up plan shall be prepared as part of the individual care plan by the Child Welfare Officers or Probation Officers or non-governmental organizations assigned by the Board or Committee to assist in restoration of the child.
(9)A quarterly follow up report shall be submitted to the Board or Committee by the concerned Child Welfare Officer or Probation Officer or non-governmental organization for a period of two years with a copy to the superintendent of the institution from where the juvenile or child is restored.
(10)The follow up report shall clearly state situation of the juvenile or child post restoration and the juveniles or child's needs to be met by State Government in order to reduce further vulnerability of the juvenile or child.
(11)The Superintendent shall file the follow up report in the case-file of the juvenile or child and place the report before the Management Committee set up under Rule 56 of these rules in its next meeting.
(12)The Superintendent shall also send a copy of the follow up reports to the District Child Protection Unit.
(13)Where a follow up in not possible due to unavailability of government functionaries or non-governmental organizations, the concerned District Child Protection Unit shall provide necessary assistance and support to the concerned Board or Committee.