Section 22 in Tamil Nadu Juvenile Justice (Care and Protection of Children) Rules, 2017
22. Proceedings of Committee.
- (i) Any children in need of care and protection shall be produced before the Committee and whoever produces the child before the Committee shall make a report in Form XI containing the particulars of the child as well as the circumstances in which the child was received or found;(ii)The Committee shall, prima facie, determine the age of the child in order to ascertain its Jurisdiction pending further inquiry as per section 94 of the Act, if need be;(iii)The Committee shall satisfy that the child was not kept in police lock-up or in prison prior to the production of the child before the Committee and produced the child before the Committee within twenty four hours of taking charge of the child, excluding the time required for travel from the place, where the child was found, to the place of production of the child before an individual member or Committee;(iv)The Committee shall satisfy that, the child has not been subjected to ill treatment or harassment either by the Police or by any other person, who had taken charge of the child for the purpose of bringing before the Child Welfare Committee;(v)While communicating with the child, the Committee members shall use child friendly techniques through their conduct. Each member shall adopt a child friendly attitude with regards to body language, facial expression, eye contact, intonation and volume of voice while addressing the child;(vi)The Committee shall cause documentation and maintenance of detailed case record along with a case summary of every case dealt by the Committee in Form XII;(vii)The Committee shall conduct an assessment of vulnerability of the child before the child is released;(viii)In the case of abandoned or lost or orphaned child, the Committee, before passing an order granting interim custody of the child pending inquiry, shall see that, the information regarding such child is uploaded on a designated portal;(ix)The Committee shall restore a child in need of care and protection only on proper verification of the identity of the child, parents or guardian and after addressing the vulnerability of the child;(x)The Committee may, while making an order in Form XIII for placing a child under the care of a parent, guardian or fit person, pending inquiry or at the time of restoration, as the case may be, direct such parent, guardian or fit person to enter into an undertaking in Form XIV;(xi)Whenever the Committee orders a child to be kept in a child care institution, it shall forward to the Officer-incharge of such institution a copy of the order of placement in Form XV with all relevant records. A copy of such order shall also be forwarded to the District Child Protection Unit:Provided that, in the event of a child being ordered to be placed in an institution, not recommended in the social investigation report and the said institution is of the opinion that either due to lack of capacity or if in their assessment the child is unlikely to fit into that institution, or for any other reasons that it may not be possible to take care of the child, it may request the Committee in writing to revise the said order. However, the decision of the Committee after considering such application shall prevail;(xii)The Committee shall refuse temporary custody of the child to parents for reasons to be recorded in writing, if it is in the best interest of the child;(xiii)The Committee shall, suo motu or on receipt of any information, complaint or otherwise, pertaining to any offence against a child, direct the Officer in charge of a Police Station or of the District Child Protection Unit to immediately take action for the rescue or recovery of such child from such situation, and to take further action including coordination with labour, health, social welfare and any other agencies involved with the care and protection of children;(xiv)The Committee shall submit a quarterly report to District Magistrate in Form XVI for review of pendency of cases;(xv)In all cases of pending inquiry, the Committee shall notify the next date of appearance of the child not later than fifteen days of the previous date of appearance;(xvi)The Committee shall initiate action against any form of media, person or individual for publishing any matters relating to the children in need of care and protection, which would affect the best interest of the child;(xvii)The Committee shall direct the probation officer or any other person empowered to conduct inquiry, and furnish the social investigation report of a child in need of care and protection to the Committee in association with Form XVII. Professional bodies like Departments of Paediatrics, Psychiatric Medicine of Medical College or Hospital and Departments of Psychology or Criminology attached to Universities or any other expert body shall be recognised as nodal agencies for professional opinions and advice;(xviii)The Committee shall prepare and maintain a list of experts, reputed institutions in the field of law, psychology, counselling and guidance, psychiatry and an empanelled list of language interpreters who are willing to provide such services. The list shall be prepared in consultation with the probation officer and District Child Protection Officer of the district concerned;(xix)The Committee shall consider the report of the probation officer or any other expert before taking a final decision;(xx)Whenever the Committee orders a child to be restored to the care of parents or guardians or fit person to participate in group counselling or similar activities or to be restored under the care of any fit facility, the Committee shall direct the probation officer to effect supervision during such period and report to the Committee regularly. The Committee shall satisfy that the follow-up conditions are very specific in nature. The specific follow-up conditions shall find a place in the social investigation report of the probation officer;(xxi)The Committee shall order for restoration of a child to the parents, through escorts in Form XVIII, if the parents or guardian of a child fail to appear before the Committee;(xxii)The Committee shall direct the probation officer or District Child Protection Offi cer for effective intensive follow-up on specific cases whose accountability may be ensured by frequent supervision;(xxiii)The Committee may also ensure that while a follow-up has been ordered, the parents enter into an agreement with the probation officer, on the follow-up conditions. Whenever the residence of the child falls outside the jurisdiction of the Committee, the follow-up order shall be communicated to the Child Welfare Committee of the respective jurisdiction for further action;(xxiv)Wherever the Committee orders a child to be placed in a Children's Home, the reasons for the purpose shall be substantiated;(xxv)The Committee shall direct the parents or guardian to take full responsibility of their children with appropriate directions to ensure that the child's rights are protected, to ensure the accountability and fulfil the responsibility as parents to protect and maintain their child. In the event of failure of the parents to fulfil such responsibilities, the child shall be admitted in a children's home;(xxvi)The Committee shall ensure in all cases of reported abuse, or otherwise that a medical check-up of the child is carried out and direct a medical officer or any medical institution to undertake appropriate medical examination in respect of the child and furnish details of physical, sexual, mental, verbal or any other type of abuse, if any, be recorded and appropriate action regarding the said abuse is taken;(xxvii)If the Committee either on inquiry or on the report of the probation officer or on the report of a medical officer or in any other manner, is satisfied that a child produced before it has been abused by an adult, physically or sexually or in any other manner, the committee shall direct the police to file a first information report, investigate the case and take necessary further action as per law. The Committee shall also direct the police to furnish to it, a status report on the case, periodically. In case the alleged abuser himself is a child, the Committee shall direct the police to investigate the case and also refer the matter to the Board for further proceedings;(xxviii)When a child is produced before the Committee, members of the Committee shall ensure that the proceedings of the Committee are carried out in a language that the child understands or shall arrange for an empanelled translator or interpreter to help the child understand the proceedings. When a child with special needs is produced before the Committee, the Committee shall arrange for the assistance of a special educator or an expert in the fi eld to help the child to understand the proceedings of the Committee;(xxix)Every open shelter shall submit a monthly report in Form XIX to the Committee as well as to the District Child Protection Unit regarding the children availing the services in the Open Shelter;(xxx)All proceedings held by the Committee that requires the presence of the child care institution shall be held in a manner respectful and with dignity.Chapter - VI. Rehabilitation and Social Re-Integration.
