Section 39 in Jammu and Kashmir Juvenile Justice Rules, 2007
39. Mode of Dealing with Juvenile or child suffering from dangerous diseases or mental complaint.
(1)When a juvenile or child kept in a 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 complain, which will respond to treatment or is found addicted to a narcotic drug or psychotropic substance; the juvenile 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 stay, 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 or the child.(2)Where it appears to the authority ordering the removal of the juvenile or the child under sub-rule (1), that the juvenile is cured of the disease or physical or mental complain, he may, if the juvenile or the child is still liable to stay, order the person having in charge, to send the juvenile or child to the home or fit person from which or from whom he was removed, or if the juvenile or 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 or child suffering from an infectious or contagious disease, the authority empowered under the sub-rule (1), before restoring the said juvenile or child to his partner in marriage or to the guardian, as the case may be, shall where it is satisfied that such action shall be in the interest of the said juvenile or 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 re-infect the juvenile or child.(4)If there is no organization either within the jurisdiction of the competent authority, or nearby State for sending the juvenile or child suffering from dangerous *diseases, as required under section 48 of the Act, necessary organization shall be set up by the State government at such places, as it may deem fit.
