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State of Jammu-Kashmir - Section

Section 58 in Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Rules, 2014

58. Juvenile or Child suffering from serious physical or mental disease or an addiction.

(1)When a juvenile or a child placed under the care of a fit person or an in stitution under the provisions of the Act, is found to be suffering from serious physical or mental disease requiring prolonged medical treatment, or is found addicted to a narcotic drug or psychotropic substance, a report thereof shall be submitted by the Officer Incharge of the institution or the fit person to the Board or the Committee who after appropriate enquiry may refer such juvenile or child to an appropriate specialised service for proper treatment.
(2)When the juvenile or the child is cured of serious physical or mental disease or addiction, the competent authority may, if the juvenile or child is still liable to stay, order the juvenile or the child to be placed back in the care of fit person or institution from where the juvenile or child was removed for treatment. If the juvenile or the child is no longer liable to be kept under the care of fit person or institution, the competent authority may order him to be discharged.
(3)The order of restoration of a juvenile or a child suffering from an infectious or contagious disease to his parents or guardian shall be based on the principle of best interest of the juvenile or child, keeping in mind the risk of stigmatization and discrimination, discontinuation of treatment etc.
(4)If there is no organization either within the jurisdiction of the competent authority, or nearby State for sending the juvenile or child suffering from serious physical or mental disease or addiction, as required under section 56 of the Act, necessary organization shall be set up by the Government at such places, as it may deem fit.