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Union of India - Section

Section 61 in The Juvenile Justice (Care And Protection Of Children) Rules, 2007

61. Juvenile or child suffering from dangerous diseases or mental health problems.

(1)When a juvenile or a child placed under the care of a fit person or a fit institution under the provisions of the Act, is found to be suffering from a disease or physical or mental health problems requiring prolonged medical treatment, or is found addicted to a narcotic drug or psychotropic substance, the juvenile or the child may be sent by an order of the competent authority to an appropriate place for such period as may be certified by Medical Officer to be necessary for proper treatment of the juvenile or the child or for the remainder of the term for which he has to stay.
(2)When the juvenile or the child is cured of the disease or physical or mental health problems, 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 and 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 stigmatisation and discrim-ination and discontinuation of treatment.
(4)Where there is no organisation either within the jurisdiction of the competent authority, or nearby District or State for care and protection of juveniles or children suffering from serious psychiatric or physical disorder and infection, as required under section 58 of the Act, necessary organisation shall be set up by the State Government at such places, as it may deem fit to cater to the special needs of such juveniles or children.