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State of Andhra Pradesh - Section

Section 15 in Andhra Pradesh Juvenile Justice (Care and Protection of Children) Rules, 2003

15. Children's Home - For Children In Need of Care and Protection -Establishment, Management and Services.

(1)The objective of the Children's Home is to restore the child to the parent/ guardian. The child and parent/ guardian shall be appropriately counselled for the effective reintegration of the child with the family. Where it is not practicable to restore the child to the parent/ guardian, the child shall be provided all facilities for the child's all-round development, education, vocational training and inculcating self-discipline and emotional stability in the child, to make the child self-reliant on leaving the children's Home. The emphasis in the Children's Home shall be on the reintegration of the child with the family and the all-round development of the child and not on the child's detention in the Home. The Home shall also net work with other agencies to help in the child's education, vocational training etc.
(2)As soon as a child in need of care and protection is brought to a Children's Home, every effort should be made to ascertain the name and address of the parent/guardian of the child. The Case Worker and the NGOs working with the children should try to contact the parent/guardian of the child directly, or through the local networks, police, child line as well as through the District Probation Officer and the intake procedure in sub-rule (5) (c) of Rule 14 be followed. The child should be counselled to rejoin the parent or the guardian. During the interregnum, the newly admitted child should be placed in a reception unit and should be given short-term vocational training as well as academic education appropriate to the child's age.
(3)The State Government/Voluntary Organisations shall set up separate Homes for children in need of care and protection, in the manner prescribed below:
(a)While children of both sexes below 10 years may be kept in the same Home, separate facilities shall be maintained for boys and girls above 5 years of age.
(b)Separate Children's Homes should be set up for boys and girls in the age group of 10-18 years.
(4)Each Children's Home should be a comprehensive child care centre. The Home should promote an integrated approach to child care by involving the community and local NGOs. The activities of the centre should include:
(a)family based services such as foster family care, adoption and sponsorship;
(b)linking up with Integrated Child Development Services (ICDS) to cater to the needs of children below 6 years.
(c)to establish linkages with organisations and individuals who can provide support services to children.
(5)The procedure to be followed and the facilities to be provided in the Children's Homes.
(a)Physical Infrastructure. - It should include separate facilities for children in the age group of 0-5 years with appropriate facilities for the infants. Separate facilities for children in the above age of 5 years and below the age of 10 years having different dormitories for boys and girls. The standard of accommodation as prescribed in Rule 24 shall apply. There should be adequate lighting, ventilation, heating and cooling arrangements, drinking water and toilets.
(b)The Children's Home shall also have the facilities prescribed in Schedule - 5 and under Rule 14(5)
(c)Intake Procedure. - Every new child who is brought to the Home, shall immediately be taken charge of by the counsellor/child welfare officer/designated officer/Home Committee, as the case may be. The child shall be received with due care. A brief orientation shall be given to the child on induction to remove any inhibition from the mind of the child. The child shall immediately be given bath, clothing, food etc., and medically examined. The name of the child shall be entered in the Admission Register and appropriate accommodation be allocated to be child. The further procedure prescribed in Schedule 4 shall be followed.
(d)Visitors are allowed to visit the Home with the permission of the Commissioner/Superintendent of the Home/Home Committees.
(e)The Superintendent/Project Manager shall maintain a Visitors' Book. The remarks of the visitors shall be considered by the Home Committees.
(f)While visiting an institution, the visitors will not say or do anything which undermines the authority of the Superintendent/Project Manager or is in contravention of any law or rule or impinges on the dignity of the child.
(g)The Children's Home, being a child care centre looking after children who are not accused of any offence, should not be treated as a custodial institution. In the event of a child leaving the Home without permission, no proceedings of the nature of suspension shall be automatically initiated against the staff of the Home; however, an enquiry shall be conducted to ascertain whether the staff have acted in good faith and disciplinary action shall be initiated only when lack of good faith is established. The information about the child leaving the Home without permission shall be sent to the family of the child, if their address is known and to the police. The detailed report along with the efforts to trace the child shall be sent to the Committee for information in the subsequent siting of the Committee.