Section 15 in Tamil Nadu Juvenile Justice (Care and Protection of Children) Rules, 2017
15. Procedure in relation to Children's court and Monitoring Authorities.
(1)Upon receipt of preliminary assessment from the Board the Children's court may decide whether there is need for trial of the child as an adult or as a child and pass appropriate orders.(2)Where an appeal has been filed under sub-section (1) of section 101 of the Act against the order of the Board declaring the age of the child, the Children's court shall first decide the said appeal.(3)Where an appeal has been filed under sub-section (2) of section 101 of the Act against the finding of the preliminary assessment done by the Board, the Children's court shall first decide the appeal.(4)Where the appeal under sub-section (2) of section 101 of the Act is disposed of by the Children's court on a finding that there is no need for trial of the child as an adult, it shall dispose of the same as per section 19 of the Act and these rules.(5)Where the appeal under sub-section (2) of section 101 of the Act is disposed of by the Children's court on a finding that the child should be tried as an adult the Children's court shall call for the file of the case from the Board and dispose of the matter as per the provisions of the Act and these rules.(6)The Children's court shall record its reasons while arriving at a conclusion whether the child is to be treated as an adult or as a child.(7)Where the Children's court decides that there is no need for trial of the child as an adult, and that it shall decide the matter itself,-(i)It may conduct the inquiry as if it were functioning as a Board and dispose of the matter in accordance with the provisions of the Act and these rules.(ii)The Children's court, while conducting the inquiry shall follow the procedure for trial in summons case under the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).(iii)The proceedings shall be conducted in camera and in a child friendly atmosphere, and there shall be no joint trial of a child alleged to be in conflict with law, with a person who is not a child;(iv)When witnesses are produced for examination the Children's court shall ensure that the inquiry is not conducted in the spirit of strict adversarial proceedings and it shall use the powers conferred by section 165 of the Indian Evidence Act, 1872 (Central Act 1 of 1872).(v)While examining a child in conflict with law and recording his statement, the Children's court shall address the child in a child-friendly manner in order to put the child at ease and to encourage him to state the facts and circumstances without any fear, not only in respect of the offence which is alleged against the child, but also in respect of the home and social surroundings and the influence to which the child might have been subjected to;(vi)The dis-positional order passed by the Children's court shall necessarily include an individual care plan in Form V for the child in conflict with law concerned, prepared by a probation officer or Child Welfare Officer or recognised voluntary organisation on the basis of interaction with the child and his family, where possible;(vii)The Children's court, in such cases, may pass any orders as provided in sub-sections (1) and (2) of section 18 of the Act.(8)Where the Children's court decides that there is a need for trial of the child as an adult,-(i)It shall follow the procedure prescribed by the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) of trial by sessions and maintaining a child friendly atmosphere.(ii)The final order passed by the Children's court shall necessarily include an individual care plan for the child as per Form V prepared by a probation officer or Child Welfare Officer or recognised voluntary organisation on the basis of interaction with the child and his family, where possible;(iii)Where the child has been found to be involved in the offence, the child may be sent to a place of safety till the age of twenty-one years;(iv)While the child remains at the place of safety, there shall be yearly review by the probation officer or the District Child Protection Unit or a social worker in Form IX to evaluate the progress of the child and the reports shall be forwarded to the Children's court;(v)The Children's court may also direct the child to be produced before it periodically and at least once every three months for the purpose of assessing the progress made by the child and the facilities provided by the institution for the implementation of the individual care plan;(vi)When the child attains the age of twenty-one years and is yet to complete the term of stay, the Children's court shall,-(a)interact with the child in order to evaluate whether the child has undergone reformative changes and if the child can be a contributing member of the society.(b)take into account the periodic reports of the progress of the child, prepared by the probation officer or the District Child Protection Unit or a social worker, if needed and further direct that institutional mechanism if inadequate be strengthened.(c)After making the evaluation, the Children's court may decide to,-(ca)release the child forthwith;(cb)release the child on execution of a personal bond with or without sureties for good behaviour;(cc)release the child and issue directions regarding education, vocational training, apprenticeship, employment, counselling and other therapeutic interventions with a view to promoting adaptive and positive behaviour etc.;(cd)release the child and appoint a monitoring authority for the remainder of the prescribed term of stay. The monitoring authority, where appointed shall maintain a Rehabilitation Card for the child in Form X.(vii)For the purpose of sub-rule (vi) (c) (cd) of this rule,-(a)A probation officer or Case Worker or Child Welfare Officer or a fit person may be appointed as a monitoring authority.(b)The District Child Protection Unit shall maintain a list of such persons who can be engaged as monitoring authorities which shall be sent to the Children's court along with bi-annual updates.(c)The child shall for the first quarter after release, meet with the monitoring authority on a fortnightly basis or at such intervals as may be directed by the Children's court. The monitoring authority shall fix a time and venue for such meetings in consultation with the child. The monitoring authority shall forward its observations on the progress of the child on a monthly basis to the Children's court.(d)At the end of the first quarter the monitoring authority shall make recommendations regarding the further follow up procedure required for the child.(e)Where the child, after release is found to be indulging in criminal activities or associating with people with criminal antecedents, he shall be brought before the Children's court for further orders.(f)If it is found that the child no longer requires to be monitored, the monitoring authority shall place the detailed report with recommendations before the Children's court which shall issue further directions either terminating the monitoring or for its continuation.(g)After the first quarter, the child shall meet the monitoring authority at such intervals as may be directed by the Children's court based on the recommendations made by the monitoring authority at the end of the first quarter and the monitoring authority shall forward its report to the Children's court which shall review the same every quarter.Chapter - IV. Child Welfare Committee.
