Section 8 in The Maharashtra Juvenile Justice (Care and Protection of Children) Rules, 2002
8. Procedure to be followed when child is produced before the Committee.
(1)When any person or organisation authorized under sub-section (1) of section 32, or any recognized voluntary organization, receives a child in need of care and protection, he shall produce the child before the Committee with the report of the circumstances under which the child came to his notice.(2)A child above two years of age, shall be produced before the Committee within twenty four hours of such admission, excluding the journey time taken by the person or the organization; and for the children under two years of age, the person or the organization shall send a written report along with the photograph, within forty eight hours of admission, excluding the journey time.(3)A child above shall not be kept in the police station and shall be taken to a place of safety till he is produced before the Committee, such as a recognized Drop-in-Centre or a Shelter Home or certified non-governmental organization, or to the Children's Home in that jurisdiction.(4)The Committee shall make arrangements to send the child to the designated place of safety during the pendency of inquiry.(5)Every possible effort shall be made to trace and associate the child with its family. Assistance of recognized voluntary organizations or childline may also be taken.(6)A child may be produced before an individual member of the Committee at his residence or any other place when the Committee is not sitting.(7)Any decision taken by an individual member, when the Committee is not sitting, shall require ratification by the Committee in its next sitting.(8)The final disposal of cases relating to children in need of care and protection, shall take place from the office of the Committee, by the order of at least two members.(9)The child shall be escorted by the police officer or representative of the voluntary organization or by any other arrangement as considered appropriate by the Committee.(10)A list of the names and addresses of all recognised children's home along with its capacity, appropriate facilities shall be listed with the Committee.(11)The competent authority may, while making an order placing a child under the care of a parent or guardian or fit person, as the case may be, direct such parent or guardian or fit person to enter in to a bond in Form X with or without sureties.(12)Whenever the Committee orders a child to be kept in institution, it shall forward to the Officer-in-Charge of such institution a copy of its order in Form VIII with particulars of the parents or guardian and previous record.(13)The child shall be lodged in a home closest to where he belongs.(14)The Committee shall conduct the proceeding in an informal way to ensure that the child's interest is of paramount importance.(15)When a child is brought before the Committee, the Committee shall assign the case to a social worker or case worker or Child Welfare Officer or Officer-in-Charge or Probation Officer, as the case may be, of the home or any recognized agency for conducting the inquiry by issuing an order in Form IV and the concerned Officer shall submit his preliminary report of inquiry in Form I.(16)The Committee shall direct the concerned person or organization about the details or particulars to be enquired into for suitable rehabilitation.(17)In the absence of any proof of age or if any dispute with regard to the age of the child, the Committee may obtain the opinion of the medical expert to fix the approximate age of the child under dispute.(18)The police or social workers or any individual at the time of handing over the child to the Competent Authority shall submit a written statement regarding the following matter, namely :-(a)the child was not kept in the police lock up or jail and was placed in a place of safety;(b)that the child has been produced before the Committee within a period of twenty-four hours;(c)the child is not ill-treated or harassed in the place of custody;(d)any other details if known.(19)The Committee shall also refuse temporary custody of the child to parents for the reasons to be recorded in writing, if the release is likely to be against the best interest of the child.(20)The inquiry shall be completed within four months unless special circumstances do not permit to do so in the interest of the child, and for which a written extension is taken by the inquiring officer or the agency under sub-section (2) of section 33.(21)Whenever a child is ordered to be released for community services or to participate in group Counselling or similar activities or under the care of any fit institution, the Committee shall direct the Probation Officer to effect supervision as prescribed for the period in the order and report to the Committee regularly in Form XIII.(22)Whenever a child is ordered in Form VIII, to be placed in a Home, the Committee shall substantiate the reasons for the non-application of community-based services and assistance. However, the placement of a Child in an institution shall be for a shortest duration to prevent a child, from delinking from the family.(23)The Committee shall also carry out an annual review of the progress of the child in the home.(24)If the Committee on the basis of the report of Medical Officer or Probation Officers or social worker or Officer-in-Charge or concludes that the child is abused, then the Committee shall issue summons to the concerned persons to be present on the dates specified in that behalf.(25)If the Committee on an enquiry arrives at a conclusion or if they found any prima facie evidence, which confirms that the child was abused physically or sexually, then they shall communicate the same to the District and Sessions Judge for further proceedings.(26)In cases of abuses, the child shall be sent for trauma Counselling.(27)In case of breach of bond by the institution or Home or parent or guardian during the period of leave or probation or license or bail or community correction, the Committee may call upon the concerned party to produce the child before the Committee by issuing a show cause notice in Form XIV. The Committee may accordingly direct that the child shall be taken back into the Home and if it appears to the Committee that the child is likely to be removed from its jurisdiction or to be concealed, the Committee may revoke or forfeit the permission of leave by making an order in Form XVI for the removal of a child.(28)Voluntary admission : When a child voluntarily produces himself under action 32(1), before the Committee, the Committee shall obtain a written declaration in Form XVII confirming the child's choice to be admitted into the juvenile justice system.(29)Inspection and Evaluation of the Committee : The inspection and evaluation of the working of the Committee shall be done on a Quarterly basis by the Commissioner Women and Child Development. The report of the evaluation shall be submitted to the Government.
