Section 44 in U.P. Juvenile Justice (Care and Protection of Children) Rules, 2004
44. Procedure for sending a juvenile or child outside the jurisdiction of the competent authority.
(1)In the case of a juvenile or a child whose ordinary place of residence lies outside the jurisdiction of the competent authority, and if the competent authority considers it necessary to take action under Section 50 of the Act, it shall direct a Probation Officer of that area to make enquiries as to the fitness and willingness of the relative or other person to receive the juvenile or the child at the ordinary place of residence, and whether such relative other fit person can exercise proper care and control over the juvenile or the child.(2)Any juvenile or a child, who is a foreign national and who has lost contract with his family shall also be entitled for protection.(3)The juvenile or the child, who is a foreign national shall repatriated, at the earliest, to the country of his origin in co-ordination with the Ministry of External Affairs and respective Embassy or High Commission.(4)Whenever any juvenile or a child, who is a Foreign National is admitted in institution, the Superintendent shall inform the controlling officer, Government through District Magistrate who shall make necessary arrangement to return him to his country.(5)On being satisfied with the report of the probation officer or case worker or child welfare officer, as the case may be, the competent authority may sent the juvenile or the child if necessary, on execution of a bond by the juvenile, as nearly as in Form V, to the said relative or fit person on giving an undertaking by the said relative or fit person in Form VI.(6)A copy of the order passed by the competent authority under Section 50 shall be sent to-(a)the probation officer who was directed to submit a report under sub-rule (1);(b)the probation officer, if any, having jurisdiction over the place where the juvenile or the child is to be sent;(c)the competent authority having jurisdiction over the place where the juvenile or the child is to be sent; and(d)the relative or the person who is to receive the juvenile or the child.(7)Any breach of a bond or undertaking or of both given under sub-rule (5), shall render the juvenile or the child liable to be brought before the competent authority, who may make an order directing the juvenile or the child to be sent to a home.(8)During the pendency of the order under sub-rule (5), the juvenile or the child shall be sent by the competent authority to an observation home or children home.(9)Where in the case of a juvenile or a child, the competent authority considers it expedient to send the juvenile or the child back to his ordinary place of residence under Section 50, the competent authority shall inform the relative or the fit person, who is to receive the juvenile or the child accordingly; and shall invite the said relative or fit person to come to the home, to take charge of the juvenile or the child on such date, as may be specified by the competent authority.(10)The competent authority inviting the said relative or fit person under sub-rule (9) may also direct, if necessary, the payment to be made by the officer-in-charge of the home, of the actual expenses of the relative or fit person's journey both ways, by the appropriate class and the juvenile's or child's journey from the home to his ordinary place of residence, at the time of sending the juvenile or the child.(11)If the relative or the fit person fails to come to take charge of the juvenile or the child on the specified date, the juvenile or the child shall be taken to his ordinary place of residence by the escort of the observation home and in the case of a girl, at least one escort shall be a female.
