Section 36 in Andhra Pradesh Juvenile Justice (Care and Protection of Children) Rules, 2003
36. Mode of dealing with child suffering from dangerous diseases or mental complaint.
(1)When a child kept in the Home under the provisions of the Act or placed under the care of a Fit Person or Fit Institution is found to be suffering from a disease requiring prolonged medical treatment or physical or mental complaint that will respond to treatment or is found addicted to a narcotic drug or psychotropic substance, the child may be removed by an order of the Superintendent to an approved place set up for such purposes for the reminder of the term for which he has to be kept in custody under the order of the Competent Authority or for such period as may be certified by the Medical Officer to be necessary for the proper treatment of the child. The Superintendent shall seek ratification of his order passed under this sub rule from the Competent Authority as early as possible, but not later than seven days of passing the order. The Competent Authority shall enquire into the matter and pass appropriate orders.(2)Where it appears to the authority ordering the removal of the child under sub-rule (1) above that the child is cured of the disease or physical or mental complained he may, if the child is still liable to be kept in custody, call upon the person having charge to send child to the Home or Fit Person/Fit Institution, from which or from whom he was removed or if the child is no longer liable to be kept in the Home, order him to be discharged.(3)Where action has been taken under sub-rule (1) in the case of a child suffering from an infectious or contagious disease, the Superintendent, before restoring the said child to the guardian, conduct and enquiry by himself or through another agency whether it is in the best interest of the child and submit a report to the Competent Authority for appropriate orders regarding the custody of the child.(4)If there is no organisation either within the jurisdiction of the competent authority or nearby State for sending the child suffering from dangerous diseases as required in Section 58 of the Act, necessary organisation shall be set up by the State Government at such places as may be deemed fit by it.(5)A code of conduct regarding HIV/AIDS issues that translate human rights principles and medical ethics into codes of professional responsibility and practise, with the mechanism to implement and enforce these codes shall be evolved by the Monitoring and Evaluation Committee. Institutional authorities shall also provide children and institutional staff with access to HIV related prevention information and education. Facilities for voluntary testing and counselling, means of prevention, treatment and care shall be provided. Confidentiality should be assured and segregation and denial of access to facilities and privileges prohibited. Compassionate early release or referral of residents living with AIDS should be considered.
