Section 17 in Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Rules, 2014
17. Completion of inquiry and dispositional alternatives.
(1)The Board shall complete every inquiry under section 15 of the A:t within the stipulated time by pronouncing its judgment and recording a finding about juvenile's involvement in the alleged offence or absolving the juvenile from the allegation(s), as the case may be.(2)Before, passing the judgment, entire evidence of witnesses recorded during the inquiry shall be read over and explained to the juvenile and his response thereof shall be recorded by the Board with the assistance of juvenile's lawyer. Juvenile shall be accorded due opportunity to bring before Board any evidence in his support and also to suggest any witness(s) of his choice in his defence. All such witnesses shall be called for recording their evidence by the Board.(3)Before passing the judgment. Board shall take into account entire evidence brought before the Board and the statement of juvenile, containing response of juvenile recorded by the Board under sub-rule (2).(4)In case. Board gives a Finding confirming juvenile's involvement in alleged offence(s), it shall proceed to pass anyone of the seven dispositional orders enumerated in section 16 of the Act.(5)Before passing a dispositional order under section 16 of the Act, the Board shall obtain a social investigation report prepared either by a Probation Officer or a Recognized Voluntary Organisation ordered to do so by the Board and take the findings of the report into account.(6)All dispositional orders passed by the Board shall necessarily include an individual care plan for the concerned juvenile, prepared by a Probation Officer or Voluntary Organization on the basis of interaction with the juvenile and his family wherever possible. The responsibility of implementing individual care plan shall lie with the District Child Protection Unit.(7)Board, in its dispositional order shall indicate next date of hearing for monitoring the implementation of dispositional order and such date of hearing shall be fixed on any day before expiry of 30 days from the date of passing of dispositional order. Board shall continue to monitor the implementation of its dispositional order and progress of implementing the individual care plan by having such periodic hearings, at least once a month, till such time when Board is satisfied that the juvenile has been rehabilitated and further continuance of proceeding in his respect is not required.(8)For hearings prescribed under Sub-Rule (7), juvenile shall be required to be present before the Board and shall participate in the proceedings and if a juvenile has been placed in an institution, Board shall order such institution to produce the juvenile on such dates.(9)Whenever Board is satisfied that the individual care plan prepared for a juvenile needs any modification or change, it may do so by conducting a review of individual care plan in consultation with the juvenile, Child Welfare Officer or Probation Officer as the case may be and his parents or guardians as the case may be.(10)Where the Board decides to release the juvenile after advice and admonition or after participation in group counselling or orders him to perform community service, necessary direction may also be made by the Board to the District or State Child Protection Unit or the concerned Government authority for arranging such individual counselling, group counselling and community service and shall be required to furnish a report to the Board on completion of individual counselling or group counselling or community service, as the case may be.(11)The parent or guardian or fit person in whose care, supervision and custody a juvenile is placed by the Board, may be required to submit a written undertaking in a prescribed Form-VII for the good behaviour and well being of the juvenile up to a period of three years.(12)The Board may order release of a juvenile in conflict with law on execution of a personal bond without surety in Form-VIII.(13)In the event of placement of a juvenile in conflict with law in care of a fit institution or special home, the Board shall keep in mind that the fit institution or special home is located nearest to the place of residence of the juvenile's parent or guardian.(14)Where the Board decides that a juvenile in conflict with law ought to be treated as a child in need of care and protection, it shall make necessary orders for production of such juvenile before the nearest committee for suitable care, protection and rehabilitation.(15)Where it appears to the Board that the juvenile in conflict with law has not complied with probation conditions, it may order the juvenile to appear for a review hearing and after review and hearing the juvenile, Board may send such juvenile to a special home or any fit institution.(16)Where a juvenile in conflict with law who has attained the age of sixteen years and the offence committed by him is of such a serious nature that in the satisfaction of the Board, it is neither in the interest of the juvenile himself nor in the interest of other juveniles of the special home or fit institution, the Board may order the juvenile to be kept in a place of safety and in a manner considered most appropriate by it.(17)The Government shall make arrangement for complying with the placement of juveniles in conflict with law in place of safety other than the special home.(18)The maximum period of institutionalisation of a juvenile in a special home or a fit institution shall not exceed three years or as provided in clause (g) of sub-section (1) of section 16 of the Act.
