Section 39 in Chhattisgarh Juvenile Justice (Care and Protection of Children) Rules, 2006
39. Children Affected by Displacement, Disaster and Conflict.
- Children affected by displacement, disaster and conflict shall be dealt with as children in need of care and protection under these Rules. However, certain additional principles and Rules to provide for special care shall be observed as stated below : -(1)Special Provisions for children affected by displacement, disaster and conflict. -(a)children shall to informed for their own situations as well as the details of their family if known, the progress in resettlement and any other issue that may be relevant to the child;(b)there shall be no discrimination based on caste, language, ethnic origin, gender, or any other status by either staff or other children. Due consideration shall be given to the dynamics associated with conflict or other such situation;(c)respect for cultural needs : Keeping in mind that the child may be from a diverse cultural background every effort shall be made to be sensitive to the child's cultural and social needs. Such efforts may be to cook food familiar the child, identify persons who speak the language of the child to interact with the child and make the child comfortable and secure so as to reduce the stress of being in an alien environment. The child shall be allowed to follow his or her own religion, rituals and festivals;(d)family and community-based re-integration shall be given priority. However, with due regard to the root cause and special circumstances of the case, exceptions may be made with reasons recorded in writing;(e)the competent authorities shall respect and ensure respect for relevant rules of international humanitarian law applicable in situations of armed conflict.(2)Reporting. - Only a trained social worker, child psychologist or child psychiatrist shall assess the situation of the child and prepare the report. Personnel shall make every effort to understand, report and respond to the Tourism Officer deep psychological impact on such children and shall strive to receive and deal with the child sensitively. In preparation of the report and during all other procedures, every effort shall be made to avoid secondary victimization.(3)Procedure. - Need Assessment of child shall be done by a child psychologist or trained social worker within four days of arrival of the child in the contact. All other procedures may be such as prescribed in Chapter III of these Rules.(4)Non-institutional care. - As far as possible, the child shall not be institutionalized in a State Institution but kept in a foster home under the foster care scheme, by foster parents who are specially oriented and trained to care for such children. The foster home shall serve as a home for interim care. During the child's stay in the interim home a basic standard of care that will meet with the child's physical, emotional, developmental and other needs shall be ensured.(5)Counselling and trauma care. - Children who have been sexually abused, mentally disturbed or traumatized due to such disaster, conflict or displacement etc., or who have particular needs such as those arising from having a HIV positive status shall, wherever possible be attended to by a child psychologist, a trained social worker or a psychiatrist and given immediate medical attention and counselling. Regular counselling sessions with children (not less frequently than once a week) with trained personnel shall be facilitated.(6)Education. - As far as possible, education that facilitates the continuation of the child's previous education, must be imparted to the child during stay in foster home or any other further long-term placement during the interim period. Such education may also be facilitated through non-formal methods.(7)Legal protection and assistance. - Special care shall be taken to ensure that the legal rights of such children are respected and action taken under the relevant laws.(8)Family Tracing. - For a child who has been found and who has not been admitted through voluntary procedures, the immediate task shall be to trace the family or the nearest known relative. This task shall be completed within the shortest appropriate period of time as under : -(a)every effort must be made to trace the family/extended family and understand the history of the child, before placing the child in any long term care. Community based initiatives that are found to be sustainable and in the interest of children may be identified and availed of after due consideration. If children are orphaned and have no extended family then keeping in mind the principle of best interest of the child, alternative foster or adoptive families may be identified preferably from within the child's community;(b)When it has come to the notice of the competent authorities that there is a cause connected with the children, especially girls are being abused, exploited during such situations such children shall be identified and referred to recognized Non Governmental Organizations, civil society organizations fit persons or other state run Institutions for long term care, and the adult offenders dealt with under the relevant laws. Special care shall be taken to prevent such children from being arbitrarily transferred or placed with persons who do not have the best interest of the child at heart such as those who arrange the marriage of such children for their supposed protection during such time of disturbance.(9)Follow up. - Probation Officer or any other recognized voluntary organization or civil society organization that will follow up on the child must be identified. This organization must communicate within a month of resettlement about the well being of the child. The following issues shall be addressed at time of resettlement -(a)Condition in home state and a report on the desirability of the child continuing to stay in the home state considering the present condition of disaster, conflict or other such reasons for displacement;(b)Situation of family or other persons who have been caring for the child prior to displacement;(c)Care plan for re-integration and rehabilitation taking into account the feelings and opinion of the child about placement.(10)Sponsorship. - If the family is unable to take care of the child for financial reasons, sponsorship support for the family shall be considered.(11)Alternate arrangement. - If the child is not placed back to his/her home state, or placed in foster care or adoption, he or she may be referred to a Shelter Home for special care.
