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State of Jammu-Kashmir - Section

Section 59 in Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Rules, 2014

59. Leave of a juvenile.

(1)The Juveniles or parents or guardian of the juvenile or the Officer Incharge on behalf of the juvenile may submit an application to the Board or Committee requesting for release of the juvenile on leave, stating clearly the purpose and period of the leave.
(2)While considering the application of leave of absence, the Board or the Committee shall hear the juvenile or parents or guardians of the juvenile. If the Board or Committee considers that granting of such leave is in the interest of the juvenile, appropriate order shall be passed. The Board may call for a report from the probation officer in case the preliminary information gathered from the juvenile or parent or guardian is not sufficient for the purpose.
(3)While issuing orders sanctioning the leave of absence or release under supervision, as the case may be, the competent authority shall mention the period of leave and the conditions attached to the leave order, and if any of these conditions are not complied with during the leave period, the juvenile or child may be called back to the institution.
(4)While issuing orders sanctioning the leave of absence or release under supervision, as the case may be, the competent authority shall mention in the order as to who shall be responsible for escorting the child from and to the institution. The parent or guardian may be permitted to escort the juvenile from and to the institution. Where this is not possible, the Officer Incharge may be directed to either arrange for escorting the juvenile to the place of the family and back or arrange for travelling expenses as the case may be.
(5)If the juvenile or child runs away from the family during the leave period, the parent or guardian is required to inform the Officer Incharge of the institution immediately, and try to trace the juvenile. If found, the juvenile shall be brought back to the institution immediately.
(6)If the parent or guardian does not take proper care of the juvenile during the leave period or does not bring the juvenile back to the institution within the stipulated period, such leave may be refused on later occasions.
(7)If the juvenile does not return to the institution on expiry of the sanctioned leave, the Board shall refer the case to police for taking charge of the juvenile and bring him back to the institution.
(8)The period of such leave shall be counted as a part of the period of stay in the institution and the time which elapses after the failure of a juvenile to return to the institution within the stipulated period, shall be excluded while computing the period of his stay in the institution.