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State of Jharkhand - Section

Section 27 in Jharkhand Juvenile Justice (Care and Protection of Children) Rules, 2017

27. Fit Facility.

(1)The Board or the Committee shall on an application from any institution or organisation run by Government or non-governmental organisation, recognise the facility as a fit facility provided the manager of that facility is willing temporarily to receive a child for a specific purpose or for group foster care.
(2)An application in Form 38 for recognition shall be accompanied with a copy each of rules, bye-laws, memorandum of association, list of governing body, office bearers, list of trustees, balance sheet of the preceding three years, statement of past record of social or public service provided by the institution or organisation or an order can be given to an organization considering its specialization and need of the child by Board or Committee.
(3)Any facility for recognition as a fit facility shall:
(i)meet the basic standards of care and protection to the child;
(ii)provide basic services to any child placed with it;
(iii)prevent child placed with it to any form of cruelty or exploitation or neglect or abuse of any kind; and
(iv)abide by the orders passed by the Board or the Committee .
(4)The Board or the Committee, after proper inspection and inquiry to ensure that provisions exist in the institution for the care and protection of children with reference to their health, education, boarding and lodging facilities, vocational facilities and rehabilitation as per the rules, and consideration of such other material as may be available, may grant recognition to such institution or organisation as a fit facility in Form 39:Provided that any person associated with such institution or organisation should not have been convicted of an offence or have been involved in any immoral act or in act of child abuse or employment of child labour or in an offence involving moral turpitude.
(5)A decision on the application for recognition of an institution or organisation shall be taken by the Board or the Committee within a period of fifteen days from the date of receipt of the application.
(6)The recognition to an institution or an organisation as a fit facility shall be initially for a period of three years which may be renewed for a further period of three years in accordance with sub-rule (4) of this rule.
(7)The Board or the Committee may, if dissatisfied with the standard of care and protection provided, or conditions prevailing in the facility, or the management of the institution or the organisation recognised under the Act or on an adverse report made by an inspection committee appointed under section 54 of the Act, or for any other reason, at any time, by a reasoned order, withdraw the recognition of the institution or the organisation as a fit facility and from the date specified in the order of the Board or the Committee, the institution or the organisation shall cease to be a fit facility recognized under the Act and the rules.
(8)Where the recognition of a fit facility is withdrawn by the Board or the Committee, intimation of the same shall be sent to the Children's Court, Special Juvenile Police Unit and District Child Protection Unit and the children placed with such an institution or organisation may be placed by the Board or the Committee or the Children's Court to another fit facility or any other Child Care Institution.
(9)A list of fit facilities approved by the Board or the Committee shall be kept in that office and be sent to the Children's Court, Special Juvenile Police Unit, the District Child Protection Unit and the State Child Protection Society.
(10)An institution or organisation shall be recognised as a fit facility for purposes which may include:
(i)short term care;
(ii)medical care treatment and specialised treatment;
(iii)psychiatric and mental health care;
(iv)de-addiction and rehabilitation;
(v)education;
(vi)vocational training and skill development;
(vii)witness protection; and
(viii)group foster care.
(11)The services to be provided by the fit facility may include:
(i)food, clothing, water, sanitation and hygiene;
(ii)mental health interventions including counselling;
(iii)medical facilities including first aid and to facilitate specialised treatment;
(iv)formal age appropriate education including bridge education and continuing education and life skill education; and
(v)recreation, sports, fine arts and group work activities.
(12)The placement of a child in a fit facility shall be for a period as deemed fit by the Board or the Committee or the Children's Court.