Section 18 in The M.P. Juvenile Justice (Care and Protection of Children) Rules, 2003
18. Procedure of the Child Welfare Committee.
(1)When any person/ organisation authorised under the Act receives a child in need of care and protection, he/she/they may also produce the child before the Committee with the social investigation report of the circumstances in Form XIII under which the child came to their notice. They may also be encouraged to assist in efforts to trace the family.(2)If the child has been received by a Police person other than officers of the Special Juvenile Police Unit, she/he shall, as far as possible transfer the case of the child to the Special Juvenile Police Unit, or any other appropriate non-police person under Section 32 of the Act.(3)In case the Committee is not sitting, the child shall not be kept in the police station or jail, but shall be taken to a place of safety such as a designated Shelter Home run by a recognized or authorised non-government organization and if not then to a Child help line or other such organization, wherever such organization is available. Such authorities shall give the highest priority to the most expeditious processing of such cases to ensure the shortest possible duration of such detention pending inquiry, which itself should be a measure of last resort.(4)The child shall be admitted at any time and the Officer-in-charge of the Children's Home/Reception Unit shall receive the child irrespective of the time. A child brought during the night shall be produced before the Committee at its next sitting tor obtaining order.(5)The child's access to caring responsible adults and provision of other basic needs shall be ensured during this period of institutionalisation. A medical check up shall be done if it is found that the child requires it or if the child/specifically requests for the same. Special attention shall be given to girls and other children requiring specialized care.(6)(i)The producing agent on his own or with the assistance of any other person shall immediately inform the parents or guardian. The producing agent shall ensure that the parents/guardian of the child is present at the time of preliminary enquiry. An exception may be made when it is considered by the case worker/Probation Officer in consultation with the child who has specifically expressed his/her right not to inform the parents/guardian, that it is against the best interest of the child to do so. Reasons for these exceptions shall be expressed in writing.(ii)Where a child's parents or guardian cannot be contacted earlier, or as mentioned in clause (1), if the child specifically wishes that they not be contacted, any other fit person accepted by the child and considered appropriate by the case worker/probation officer, shall be informed of the child's desire to seek assistance under the Act so that he or she can attend the preliminary inquiry.(7)A preliminary inquiry shall be completed as soon as possible. Care shall be taken not to cause any stress to the child for purposes of extracting information for the assessment/initial reports, keeping in mind that many children are not ready to share information at this initial stage. Every possible effort shall be made to engage the child through making a positive relationship of trust. The person handling the child's case shall make every attempt to trace and associate the family in the inquiry, unless such procedure is believed to cause undue stress to the child or such an interaction is not in his/her best interests. Assistance of the police recognized voluntary organizations/child line may also be taken. The Social Worker/Probation Officer of the institution/ organization in which the child is admitted at the initial stage shall as far as possible make a visit to the home of the child and prepare a social investigation report which is to be recorded.(8)In case, the child is found to be lost or missing detailed inquiries shall be made as provided in sub-rule (7) of Rule 18.(9)Children who are more than two years of age, shall be produced before the Committee within twenty-four hours after the reception of the child excluding the journey time by the organization. For children under two years of age, the organization shall send a written report along with the photograph, within 48 hours of admission, excluding the journey time.
