Section 47 in Juvenile Justice (Care and Protection of Children) Orissa Rules, 2002
47. Mode of dealing with juvenile/child suffering from dangerous diseases or mental complaint.
(1)When a juvenile/child kept in home under the provisions of the Act or placed under the care of a fit person or a fit institution is found to be suffering from a disease requiring prolonged medical treatment or physical or mental complaint that will respond to treatment or is found addicted to a narcotic drug or psychotropic substance, the juvenile/child may be removed by an order of the authority empowered on this behalf to an approved place set up for such purpose for the remainder of the term for which he has to be kept in custody under the order of the competent authority or for such period as may be certified by Medical Officer to be necessary for the proper treatment of the juvenile/child.(2)Where it appears to the authority ordering the removal of the juvenile/child under sub-rule (1) above that the juvenile/child is cured of the disease or physical or mental complaint he may, if the juvenile/child is still liable to be kept in custody, order the person having charge, send juvenile/child to the home or fit person from which or from whom he was removed or if the juvenile/child is no longer liable to be kept in home, order him to be discharged.(3)Where action has been taken under sub-rule (1) in the case of a juvenile/child suffering from an infectious or contagious disease, the authority is empowered under sub-rule (1), before restoring the said juvenile/child to his partner in marriage or to the guardian, as the case may be, shall, where it is satisfied that such action will be in the interest of the said juvenile/child, call upon the partner in marriage or the guardian, as the case may be, to satisfy it that such partner or guardian will not reinfect the juvenile/child.(4)If there is no organisation either within the jurisdiction of the competent authority or nearby State for sending the juvenile/child suffering from dangerous diseases as required in Section 58 of the Act, necessary organisation shall be set up by the Government at such places as may be deemed fit by it.
