Section 31 in Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Rules, 2014
31. Procedure etc. in relation to committee.
(1)Procedure in relation to committee shall consist of-(a)the quorum for the meeting shall be three members attending,' which may include the Chairperson;(b)any decision taken by an individual member, when the committee is not sitting, shall require ratification, modification or revocation by the committee in its next sitting ;(c)prior to disposal of cases the committee shall take into consideration the age, physical and mental health, opinion of the child and his parents or guardians, recommendation of the Child Welfare Officer or Probation Officer or NGO; and'(d)for final disposal of a case, the order of the committee shall be signed by at least three members, including the Chairperson.(2)The identity of the person or organisation producing a child before the committee may be kept confidential, if the person or organisation so desires.(3)A child under two years of age shall be produced before the committee within twenty-four hours, excluding the journey time, unless the child is medically unfit. In that case, the person or the organization shall send a written report along with the photograph of the child to the committee within twenty-four hours and produce the child before the committee as soon as the child is medically fit.(4)Jurisdiction as decided by the Government must be followed by the CWCs and no matter pertaining to jurisdiction of another CWC should be dealt with unless in emergency or in the best interest of the child. However, the CWC may guide the child or agency concerned to the appropriate CWC. Where a CWC finds it imperative to deal with a case otherwise belonging to different jurisdiction, it shall record reasons and special circumstances under which the case was attended in-writing.(5)In case a child is produced before a single member of the committee, any order passed shall be placed by such member before the committee in the next sitting for ratification, modification or revocation by the committee as the case may be.(6)In case of any difference of opinion among the members of the committee in the interim or final order, the opinion of the majority shall prevail, provided that where there is no such majority, the opinion of the Chairperson, shall prevail. The dissenting views, if any, shall be recorded in the orders passed by the committee.(7)The committee must interact with the child and the child's version must be recorded in writing whenever the child appears before the committee if he is in the position to give his version.(8)In case the committee is not sitting, the child shall be taken by an NGO or Childline or Police to an appropriate institution for children covered under the Act with all the necessary documents and placed in such institution till the time of production before the committee. The concerned institution shall produce the child before the committee within twenty-four hours. In such cases, it may not be necessary for the person who brings a child in need of care and protection to an institution to be present at the time of production of the child before the committee.(9)No demand for providing security staff or guards or police staff shall be made by the institution where the child is taken by the Police or Childline or by an NGO.(10)Each committee shall send quarterly information about children in need of care and protection received by them to the District or State Child Protection Society or concerned Government authority.(11)In cases where a recognized voluntary organization or any police personnel produce a child before the committee, it shall submit a report on the circumstances under which the child came to their notice and efforts made by them for tracing the family of the child.(12)Children shall be provided a child-friendly environment during the proceedings of the committee.(13)The committee shall avail services of lawyers, social workers and counsellors for children in need of such assistance with support from State Legal Services Authority or DCPU or SCPS or any such agency willing and having requisite expertise.(14)General medical or gynaecological examination of children shall not be a prerequisite for production of the child before the committee or admission in an institution.(15)The committee shall send the child to the designated place of safety, with age and gender appropriate facilities during pendency of inquiry. In such eventuality, the DCPU or State Child Protection Unit shall provide transport or make necessary budgetary allocations for such expenses based on the actual fare.(16)The child may be escorted by the police officer or representative of the voluntary organization or by any other arrangement as considered appropriate by the committee with support from the DCPU. In case of a girl child, an appropriate female escort shall accompany the child.(17)A list of all recognized child care institutions along with their capacity and appropriate facilities as prescribed under section 35 of the Act, a list of all children related resource services and contact details of all Child Welfare Committees across the country shall be provided to the committee by the District Child Protection Unit or concerned Government authority. All such information mentioned shall be updated every six months by DCPU or SCPS or concerned Government authority.(18)The committee may, while making an order placing a child under the care of a parent, guardian or fit person, as the case may be, direct such parent, guardian or fit person to enter into a bond in Standard Format Annexed as Form-X.(19)Whenever the committee orders a child to be kept in an institution, it shall forward to the Officer Incharge of such institution a copy of its order, in Standard Format Annexed as Form-XI with particulars of the home and parents or guardian and previous record.(20)The child shall be lodged in an institution closest to where his parents or guardians belong as far as possible.
