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State of Madhya Pradesh - Section

Section 55 in The M.P. Juvenile Justice (Care and Protection of Children) Rules, 2003

55. Medical Care.

(1)Every child shall receive adequate medical care, preventive and remedial, including dental, ophthalmologic and mental health care, etc., as well as pharmaceutical products and special diets as medically indicated. All such medical care shall, where possible, be provided to children through the appropriate health facilities and services of the community in which the institution is located, in order to prevent stigmatization of the child and promote self-respect and integration into the community.
(2)Each institution shall provide for the necessary medical facilities to ensure that,-
(a)regular facilities are available for the medical treatment;
(b)arrangements are made for the immunization coverage;
(c)a system is evolved for referral of serious cases to the nearest civil hospital or treatment centers;
(d)that sick children shall be constantly under medical supervision;
(e)in the event of break out of contagious/infectious diseases, segregation must be ensured.
(3)Each child admitted in any home shall be medically examined by the Medical Officer within 24 hours and also at the time of transfer/release/leave of the child to a Special Home or in case of children in need of care and protection before any family/community placement, within a similar period before transfer and further at any other time that may be considered necessary by the Medical Officer or the Officer-in-Charge. The child shall be oriented to the need for such an examination. Such medical examination shall be conducted by trained and sensitized medical professionals in a manner that protects the dignity and rights of the child.
(4)No Surgical treatment shall be carried out on any child without the previous consent of his parent or guardian, unless either the parent or guardian cannot be found and the condition of the child is such that any delay would, in the opinion of the Medical Officer, involve unnecessary suffering or injury to the health of the juvenile. Proper direction to this effect must be obtained from the Juvenile Justice Board or the Child Welfare Committee at the earliest.
(5)A health record of each child in the institution shall be maintained in Form XXII on the basis of quarterly medical check-up. The medical record of each child shall be meticulously maintained in the file of the child. The record shall also include weight and height record, any sickness and treatment and other physical/mental problem if any.
(6)Any medical officer who has reason to believe that the physical or mental health of a child, has been or will be injuriously affected or any other condition, should report this fact immediately to the superintendent in question and to the concerned authority for safeguarding the well-being of the child.
(7)A child, who is suffering from mental illness, should be treated in a specialized institution under independent medical management. Step should be taken by arrangement with appropriate agencies, to ensure any necessary continuation of mental health care after release.
(8)Observation/Special homes/Children's homes shall refer such children who require specialized drug abuse prevention and rehabilitation programmes to an approved place administered by qualified functionaries. These programmes shall be adapted to the age, sex and other requirements of the children concerned.
(9)Medicines should be administered only for necessary treatment on medical groups and, when possible, after having obtained the informed consent of the child concerned. In particular, they must not be administered with a view to eliciting information or a confession, as a punishment or as a means of restraint. Children shall never be tested the experimental use of drugs and treatment. The administration of any drug should always be authorised and carried out by qualified medical functionaries.
(10)Each home shall as far as possible, have the service of a trained counselor, according to the counselor, child ratio prescribed. Service of Child Guidance Centers, Psychology and Psychiatric Departments or similar agencies may also be availed.
(11)The family or guardian of a child and any other person designated by the child have the right to inquire about the state of health of the child the family or guardian shall be informed.
(12)The superintendent of the juvenile justice institution should immediately notify the family or guardian of the child concerned, or other designated person, in case of death, illness requiring transfer of the child to an outside medical institution, or a condition requiring clinical care within the home for more than 48 hours. Notice shall also be given to the authorities of the State of which a child is a resident.