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State of Jammu-Kashmir - Section

Section 62 in Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Rules, 2014

62. Restoration and follow-up.

(1)The order for restoration shall be made by the Board or the 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 NGOs 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)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.
(3)Besides police, the Board or Committee shall seek collaboration with NGOs to accompany juveniles or children back to their family for restoration.
(4)The female juvenile or child shall necessarily be accompanied by female escorts.
(5)The expenses incurred on restoration of a juvenile or child, including travel and other incidental expenses, shall be borne by the Government through the concerned institution wherever claimed.
(6)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.
(7)A follow-up plan shall be prepared as part of the individual care plans by the Child Welfare Officers or Probation Officers or NGOs assigned by the Board or Committee to assist in restoration of the child.
(8)A quarterly follow-up report shall be submitted to the Board or Committee by the concerned Child Welfare Officer or Probation Officer or NGO for a period of two years with a copy to the Officer Incharge of the institution from where the juvenile or child is restored.
(9)The follow-up report shall clearly state the situation of the juvenile or child post restoration and the juvenile's or child's needs to be met by the concerned Government in order to reduce further vulnerability of the juvenile or child.
(10)The Officer Incharge shall file the follow-up report in the case file of the juvenile or child and place the report before the management committee in the next meeting of the management committee.
(11)The Officer Incharge shall also send a copy of the follow-up reports to the District Child Protection Unit.
(12)Where a follow-up is not possible due to non-availability of Government functionaries or NGOs, the concerned District Child Protection Unit shall provide necessary assistance and support to the concerned Board or Committee.