Section 74 in The Juvenile Justice (Care and Protection of Children) Model Rules, 2016
74. Visits to and communication with children.
(1)Every child in the Child Care Institution may be permitted to have one meeting in a week with his relatives:Provided that in special cases, where parents or guardians have travelled a long distance from another State or District, the Person-in-charge may allow the parents or guardians entry into the premises and a meeting with their children on other days on confirmation of their identity and they being reported not to have been involved in subjecting the child to abuse and exploitation.(2)A newly received child shall be permitted to meet his parent or guardian or family member on their first visit on any day.(3)No meeting shall be permitted with the parent or guardian or relatives where such visitors have been found to be involved in subjecting the child to violence, abuse and exploitation or carrying any prohibited articles, except with the express permission granted by the Board or the Committee or the Children's Court or when such meeting has been specifically directed by the counselor of the child.(4)Every child shall be allowed to write two letters in a week to his parent or guardian or to his relatives. Necessary stationary and postage for the letters shall be provided by the Person-in-charge.(5)The Person-in-charge may peruse any letter written by or to the child and may for reasons to be noted in the case file of the child, refuse to deliver or issue the letter. A report of the same shall be prepared and placed before the Management Committee. A copy of the report shall be retained on the case file and another copy shall be sent to the Board or the Children's Court or the Committee.(6)Every child shall be allowed to bring any written communication for the purpose of handing over to the Board or the Committee or the Children's Court, as the case may be, and be provided stationary, etc. for the same.(7)The Person-in-charge may allow a child to speak with his parents or guardians on telephone once a week under supervision of the Child Welfare Officer or Case Worker or Probation Officer and record shall be duly maintained of such calls.(8)Every person desiring to meet the child shall, before the meeting, disclose his name and address with proof, which shall be noted in the visitors register and signed by the visitor. Copy of the photo identity card containing the address and a photograph of the visitor to be taken before the meeting, shall be retained by the institution. If the visitor refuses to disclose his particulars, he shall be denied the meeting.(9)The visitor shall, submit himself for a search at the main gate, female visitors shall be searched by female staff only.(10)Every meeting shall take place in the presence of the Child Welfare Officer or Case Worker or Probation Officer of the Child Care Institution, who shall be responsible for any irregularity that occurs and who shall be so placed that he is able to see and to prevent any objectionable or prohibited article being passed between the parties.(11)Every child shall be carefully searched before and after the meeting in the presence of visitor. The child should not be having anything with him before he goes for the meeting.(12)If any objectionable or prohibited article is found in the search conducted before the meeting:(i)the said article shall be seized;(ii)the Person-in-charge shall conduct an inquiry to know the identity of the person(s) responsible for the article reaching the child;(iii)if the person(s) responsible are from the staff of the Child Care Institution, appropriate action will be initiated against them; and(iv)a detailed report of the inquiry and its result shall be forwarded to the Department and the Board or court of competent criminal jurisdiction.(13)If any objectionable or prohibited article is found in the search conducted after the meeting:(i)the article shall be seized;(ii)in case of any illegal article being found warranting legal action, the article and the visitor shall be detained and the police informed. The visitor and such article shall be handed over to the police;(iii)a report of such visitor shall be prepared and placed in the case file of the child;(iv)a report of the incident shall be forwarded to the Board or court of competent criminal jurisdiction; and(v)copy of the report shall be placed in the case file of the child.(14)Any child who abuses the privilege of meeting shall be denied the same for such period as the Person-in-charge may direct. A report of the same shall be sent to the Board or the Committee or the Children's Court and a copy shall be retained in the case file of the child.(15)Every child shall be entitled to communicate with his legal counsel provided that:(i)the rules of search and seizure shall apply to all legal counsels also;(ii)every such interview shall take place within the sight of a home official, though at a safe distance so as to be out of hearing;(iii)the person wishing to have an interview with the child in the capacity of his advocate shall apply in writing, giving his name, address and enrolment number with a copy of a vakalatnama, duly attested by the Board or the Committee or the Children's Court;(iv)any child who claims to have no counsel shall be permitted to meet the legal aid counsels who visit the Child Care Institution in the normal course.
