Section 28 in Rajasthan Juvenile Justice (Care and Protection of Children) Rules, 2002
28. Children's Home.
(1)The State Government itself or in association with voluntary organisations, shall set-up separate homes for children in need of care and protection, in the manner specified below-(a)while children of both sexes below ten years, may be kept in the same home but separate facilities shall be maintained for boys and girls in the age group 5 to 10 years;(b)separate children's homes shall be set-up for boys and girls in the age group 10 to 18 years.(2)Each children's home shall be a comprehensive child care centre with the primary objective to promote an integrated approach to child care by involving the community and local Non-Governmental Organisations (NGOs).(3)The activities of such centre shall focus on;(a)family based services, such as, foster family care, adoption and sponsorship;(b)specialised services in conflict or disaster affected areas to prevent neglect by providing family counselling, sponsorship, play groups; etc.(c)provision of child line and emergency outreach service through 1098, a free phone facility for children;(d)linking up with Integrated Child Development Services (ICDS) to cater to the needs of children below six years;(e)to establish linkages with organisations and individuals who can provide support services to children; and(f)to encourage volunteers to provide for various services for children and families to become guardian.(4)Every children's home shall have the following facilities, namely:-(a)Physical infrastructure.- (i) It shall include separate facilities for children in the age group of 0-5 years with appropriate facilities for the infants.(ii)The facilities to be created for children in the age group of 6-10 years having separate dormitories for boys and girls.(iii)The standard of accommodation as specified in Rule 9 shall apply.(iv)There shall be adequate lighting, ventilation, heating and cooling arrangements, drinking water and toilets, in terms of age appropriateness and hygiene.(b)The clothing and bedding shall be according to season and age appropriate as per scale mentioned in Rule 7 of these rules.(c)Nutrition.- (i) The children shall be provided 4 meals including breakfast in a day.(ii)The menu shall be prepared with the help of a nutritional expert or doctor to ensure balanced diet and variety in taste.(iii)Children may be provided special meals on holidays.(iv)The diet of infants and sick children shall be according to the requirement(v)The normal dietary scale for children upto 18 years shall be according to scale mentioned in Rule 6 of these rules.(d)Medical.- (i) The children's home shall have arrangement for the medical facility preferably with doctor and nurse.(ii)All children brought into the home shall be medically examined initially within 24 hours of arrival.(iii)The routine medical checkup of the children must be done on monthly basis.(iv)The sick children shall constantly be under medical supervision.(v)In the event of break out of contagious or infectious diseases segregation must be ensured.(vi)The medical service shall include immunization facility as specified under the National Immunisation Schedule.(vii)The home shall have networking with local doctors and hospitals for referral cases.(viii)The medical record of each child shall be meticulously maintained in the file of the child which shall also include weight and height record, any sickness and treatment, and other physical or mental problem, if any.(e)Education.- The children's home shall provide education to all children according to the age ability, either both inside the home or outside, as per the requirement.(f)Vocational training.- (i) Every children's home shall facilitate for useful vocational training under the guidance of trained instructors.(ii)The home shall develop networking with Institute of Technical Instruction (ITI), Jan Shikshan Sansthan, Government and Private Organisation or Enterprises, Agencies or Non-Governmental at Organisations (NGOs) with expertise, or placement agencies.(g)Counselling.- (i) Each home shall have the services of a trained counsellor.(ii)The services of Child Guidance Centres, Psychology and Psychiatric Departments or similar Agency may also be availed.(h)Recreation facilities.- It must include indoor and outdoor games, music television, picnics and outings, cultural programmes etc.(i)Care plan.-(i) The incharge, counsellor along with the child welfare officer, case worker, or social worker shall prepare a care plan for every child in the home.(ii)The care plan shall be reviewed from time to time for appropriate development and rehabilitation including options for restoration to family or foster care or adoption and review shall not be delayed beyond a year.(iii)The focus shall be on providing family and community based reintegration programmes.(iv)Children shall be consulted while determining their care plan.(j)Intake Procedure.-(i) Every new child who is brought to home, shall immediately be taken charge of by the counsellor or child welfare officer or designated officer, as the case may be.(ii)The child shall be received with due care as provided under these rules, with dignity and love.(iii)A brief orientation shall be given to the child on induction, to remove any inhibition from the mind of the child.(iv)The child shall be immediately given bath, clothing, food etc. and medically examined.(v)The designated officer shall enter the name of the child in the Admission Register and allocate appropriate accommodation facility.(vi)The photograph shall also be taken immediately for records and the case-worker shall begin the investigation and correspondence with the person, the child might have named.(vii)The Officer-in-Charge shall see that the personal belongings of every child received by the home is kept in safe custody and recorded in the Personal Belonging Register and the item must be returned to the child when he leaves the home.(viii)The girl child shall be searched by a female member of the staff, and with due regard to decency.(ix)The articles mentioned under Rule 14 of these rules shall also be prohibited in case of children's homes.(k)In the event of a child leaving the home without permission, the information shall be sent to the police and the family, if known; and the detailed report along with the efforts to trace the child shall be sent to the Committee for information in the subsequent sitting of the Committee.(l)Death of a child.- (i) In the event of death of a child, the circumstances of the death shall be recorded in the case file of the child, by the case worker giving the cause of death and the death certificate shall be obtained from the attending doctor or hospital, as the case may be.(ii)The information shall be sent to the Committee and District Level Inspection team, Registrar of Births and Deaths, and the relative, if known.(iii)the last rites shall be performed according to the know religion of the child.(m)In the event of custodial rape or sexual abuse, the action to be taken shall be as follows :(i)In case any resident makes any complaint, or occurrence of such nature comes to the knowledge of the Officer-in-Charge, a report shall be placed before the Committee, who in turn, shall order for special investigation.(ii)The Committee shall direct the local police station to register case against the person found guilty under the relevant provisions of the Indian Penal Code, 1860 (45 of 1860).(iii)The Special Juvenile Police Unit shall also take due cognizance of such occurrences and conduct necessary investigations.(n)In the event of any other crime committed in respect of residents, the Committee shall take cognizance and arrange for necessary investigation to be carried out by the Special Juvenile Police Unit.(o)Record Keeping.- All the case files of the children maintained by the institutions and the Committee shall be computerised and networked so that the data is centrally available.
