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Services for Children in Conflict with law in CCI

This topic provides information on Serivces for children in conflict with law in CCI

Receiving a Child in a Child Care Institution (CCI)

The Person-in-charge/Superintendent shall be responsible for the reception and admission of the child in the CCI. In case the Superintendent is not present at the time of receiving a child, he/she should designate an officer of the CCI as the Receiving Officer. Newly admitted children shall be placed in a Reception Dormitory for the first fourteen days of his stay.

Observation Home

  • A child may be admitted into the OH for overnight protective stay or in protective custody for the duration of his or her inquiry as per order of the Board.
  • A child may be received in an OH round -the-clock, at any hour.
  • Admission of a child can be acquired by the Child Welfare Police Officer or any authorized person as mentioned in the Act on a written requisition addressed in Form 42 to the Person-in-Charge of the OH.

Receiving a Child in Protective Custody for the Duration of Inquiry

At the time of receiving the child the Superintendent shall ensure the following:

  • Receive and welcome the child into the OH in a gentle manner.
  • Undertake introductions of self and child and explain to the child what receiving/admitting him/her will entail and how long it will take.
  • Give the child time to settle down.
  • Offer the child a glass of water. Provide him/her with meal if necessary.
  • Verify the order of the Board and explain the contents to the child so that he/she understands why he/she is being placed in protective custody.
  • Check for identification marks on the child.
  • Under take search and seizure in accordance with provisions in the Act and Rules, however, ensuring that children are frisked, patted down, and searched in a manner which is gentle, decent, and does not violate their dignity. Girl child must be searched by a female staff member only.
    • No foul language (swear words or threats) should be used.
    • No rough handling of children
  • Receive any documentation related to the child by the OH staff admitting the child.
  • Recording and safe-keeping of personal belongings, cash, other valuables of every child received by the CCI in the Personal Belongings and other relevant registers until the same is returned to the child when he leaves the CCI.
  • The child shall be examined by the medical officer, who shall record the state of health of the child, and of any wound or mark on his body and any observation which the medical officer thinks fit, a copy of which shall be placed in the medical record of the child.
  • The child shall be provided with medical care if it is required, and may be placed in the segregation unit, or admitted in hospital if necessary.
  • The Superintendent/Person-in-charge shall hand over responsibility of the child to a PO, who shall be responsible to ensure the following:
    • the child receives all further services
    • builds a rapport with the child
    • Observes the child closely.
  • Once the admission of the child in the OH is complete, the child shall be placed in the Reception Dormitory, for first 14 days of his/her stay.

Admission and Reception of a Child for Overnight Protective Stay

  • In case a child has to be kept in overnight protective stay, he/she shall not be detained at the police station, but should be placed in an Observation Home for overnight protective stay, which is from 8pm until 2.00pm on the following day.
  • Explain to the child why he/she is being placed in the Observation Home for overnight protective stay and provide an outline of what steps will take place at the JJB when he/she is produced by the Child Welfare Police Officer, the next day.
  • The Receiving Officer shall ensure that all procedure outlined above are followed.
  • The Receiving Officer shall ensure that:
    • A medical examination is conducted and immediate treatment is provided if required in case of any physical injury, addiction, or complaint of illness.
    • The child is given a fresh set of clothes, toiletries, bedding and linen.
  • The Receiving Officer shall fill out Form 42 in triplicate after ascertaining the identity of the child. A copy would have to be kept in the OH, a copy would have to be forwarded to the Board, and a copy would have to be handed to the Child Welfare Police Officer.
  • The child should be handed over into the charge of the Child Welfare Police Officer the next day at a time stated in Form 42 along with all his belongings, if any. If the Child Welfare Police Officer is not present to take charge of the child at the designated time, the child should be produced before the JJB by the Superintendent/Person-in charge of the OH with a report stating such fact.

Special Home

  • A child is admitted to a Special Home upon final decision of the case by the Board or the Children‘s Court, by the IO/police personnel (CWO)/or a staff from the Observation Home, in case the child was under supervision or protective custody in the Observation Home.
  • Newly admitted children shall be placed in a Reception Dormitory for the first 14 days of his /her stay.

Receiving a Child in the Special Home

The Receiving Officer shall conduct all procedure related to receiving the child as outlined below:

  • Receive and welcome the child into the Special Home in a gentle manner.
    • Undertake introductions of self and child and explain to the child what receiving/admitting him/her will entail
  • Give the child some time to settle down.
  • Offer the child a glass of water. Provide him/her with meal if necessary.
  • Explain the procedure of receiving the child to him/her: The steps involved and how long will it take.
  • Under take search and seizure in accordance with provisions in the Act and Rules, however, ensuring that children are frisked and searched in a manner which is gentle, decent, and does not violate their dignity. Girl child must be searched by a female staff member only.
    • No foul language (swear words or threats) shall be used
    • No rough handling of children
  • Allow the child to bathe, freshen-up, use toilets if he/she needs to.
  • Undertake all the necessary documentation at the time of receiving the child:
    • Verify the identity of the child and the order of the Board or the Children‘s Court
    • Record all personal information of the child in an admission register
    • The date of admission and the date that the child is to be discharged shall also be recorded in the Admission and Discharge Register.
    • Check and record identity marks on the child
    • Make a record of personal belongings, cash, other valuables of every child received by the home, in the personal belongings and other relevant registers,
    • If the child is being transferred from an OH, take a hand -over of the case file of the child.
    • The case file should contain all assessments -psycho-social, educational and vocational; reports of the counselling and conferencing sessions conducted by the counsellor and PO; progress report; medical records and the Individual Care Plan.
  • Take personal belongings, cash, other valuables of the children safe keeping until the same is returned to the child at the time that he/she is discharged from the Special Home.
  • Explain the order of the JJB and the sentence to the child and explain to him what the objective of stay is in the Special Home, and what would be expected of him/her, and what should be expected from the home.
  • The child shall be examined by the medical officer, who shall record the state of health of the child, and of any wound or mark on his body and any observation which the medical officer thinks fit, a copy of which shall be placed in the medical record of the child.
    • The child shall be provided with medical care if it is required, and may be placed in the segregation unit, or admitted in hospital if necessary.
  • The Receiving Officer shall find out if the child has any immediate needs and take the necessary actions. The Receiving Officer shall make a note of the child‘s immediate needs. The immediate need shall include:
    • Contacting parents or any other family member
    • Appearance of examination or interview
    • An addiction related problem
    • A medical need
    • Any other
  • Once the procedure of receiving the child is complete, the Person-in-charge/Superintendent shall assign the charge and responsibility of the child to a Probation Officer or a Child Welfare Officer/Case worker who shall:
    • Be responsible to ensure that the child receives all further services
    • Build a rapport with the child,
    • Observes the child closely.
    • Interact with the family members/guardians of the child
  • Once the process of receiving a child is complete, the child shall be placed in the Reception Dormitory for the first 14 days of his stay.

Care to be provided in Reception Unit /Dormitory of CCI

Arrival in the Reception Dormitory

  • When the child arrives in the reception dormitory the following procedure shall be followed. The house mother/father shall be responsible to ensure the same under supervision of the Probation Officer or Child Welfare Officer/Case worker:
    • Issue of kit-toiletry items, clothes, bedding and any other materials which may be required.
    • The child should be asked to bathe if necessary.
    • A hair-cut should be done if required (unless prohibited by religion).
    • Disinfecting and storing the child‘s personal belongings.
  • The medical officer shall examine the child immediately, if he or she is making any complaints of illness, or if it is suspected that the child could be suffering from a contagious or infectious diseases, mental ailments, addictions etc.
    • Segregation of a child in a quarantine room on advice of the doctor, if the child‘s health condition warrants the same.

Orientation

  • The Superintendent assisted by the PO shall provide an orientation to the child about the environment in the CCI.
  • This process of orientation must make time available for answering and responding to questions/comments from the child.
  • The orientation shall necessarily include:
    • An understanding of what the CCI is, its purpose and what the child can expect from the CCI (See section on Objectives and approach for more details).
    • Explaining the orders of the JJB, reasons for the duration of stay for rehabilitation in the CCI.
    • Help the child to come to terms with his present situation and accept that he/she will have to live in the home for the specified duration.
    • Explain to him/her about the facilities/opportunity he/she could receive for rehabilitation and reformation.
    • Facilities available in the CCI for education, vocational training, health, recreation and self-development.
    • Explanation for why the child is going to be in the Reception Unit for a few days
      • For the staff to get to know the child better
      • Understand his/her needs
      • Give the child time to adjust to the new environment
  • Brief the child about the sessions to follow with the counsellor, psychologists, medical officers and Probation officers and their purpose.
  • Explain to the child about the children‘s committees.
  • Set out expectations and responsibility of the child, acceptable and unacceptable behaviour, rules of the CCI.
  • Explain to the child the child protection policy, the complaints and redressal mechanisms.
  • The value of respect and dignity in their interactions for self, peers, and care-givers
  • Explanation of the rights of the child in the CCI
  • Explaining the time- table and routine to be followed in the CCI
  • Attending to immediate and urgent needs of the child like appearing in examination, contacting parent, personal problem etc.

Preparation of Individual Care Plan (ICP)

  • Every child is unique and has a unique set of needs. Formal and professional inputs would be required for understanding the education, vocational training, physical and mental health needs of a child to ensure that a meaningful ICP is prepared for each child.
  • It would commence when the child is in the Reception Unit. It should be completed as far as possible during the child‘s stay at the Reception Unit within the first fortnight.
  • The PO/CWO/Case Worker shall be responsible for preparation of the ICP, after due consideration of the assessments made above. The Superintendent shall internally sign on the ICP before it is presented to the JJB.
  • In a SH, If the child is transferred from OH, PO/CWO/Case Worker should refer to the ICP made in OH while drafting the new ICP.
  • In case the JJB has already approved an ICP for a particular child, it should be reviewed after the above mentioned meetings with the child, and after seeking approval of the Superintendent, any changes required may be presented before the JJB for approval.
  • Child‘s views into ICP: The PO should consider the child‘s views during formulating the ICP. There should be formal meetings with the child to discuss the ICP. The individual case conference sessions with the child and the case worker/PO/CWO should also be used to discuss the ICP and the documentation of those meetings should show evidence of having discussed the ICP with the child.
  • The ICP shall be reviewed every fortnight during the initial three months and there after every month.
  • A report of ICP effectiveness or inadequacy shall be prepared with reasons for such opinion.
  • Conducting Key Meetings to Understand Needs and Initiating the Preparation of an ICP in CCI
  • Understanding unique needs of each child - education, vocational training, mental and physical health
    • Observation Home
      • Vocational Training: Keeping in mind that the OH is a temporary care facility and that as far as possible children‘s education must continue uninterrupted while in the OH, the endeavor must be to ensure that the child is exposed to as many options as possible especially, for vocational training so that he/she may pick the most suitable and lucrative option, which would help him/her be economically independent, in the long-term.
      • Education: If the child is not in a formal system of schooling at the time of admission in the OH or has never been in one before, the education level shall be assessed by teacher on the basis of tests and interview with the child.
      • Physical Health: Every child should undergo a medical examination within 24 hours of their admission into the Observation home or immediately if there is a health emergency/health need.
      • Mental health: If the child presents any symptom of a mental health condition, services of a psychiatrist/psychologist/psychiatric social worker should be sought for further assessment and treatment where necessary.
    • Special Home
      • Vocational Training: A child may be placed in a SH for a period for up to 3 years, which is adequate time for him/her to learn a skill or vocation, which would provide him/her livelihood upon being reintegrated back into society.
      • Education Every child irrespective of age must be encouraged to take up formal education and efforts at the special home must be towards keeping the child in the system, and bringing those who are not to a level where they can be integrated with the formal system of education.
      • Physical Health - If the child is suffering from a contagious disease at the time of the admission into the special home, he/she should be kept in the quarantine room on prescription by the doctor.
      • Mental health : If the counsellor suspects that the child is showing any symptoms suggestive of a mental health condition, services of psychiatrist/psychologist/psychiatric social worker should be sought after discussion with the PO/Case Worker/CWO and with approval of the Superintendent.

Moving Out of the Reception Unit and Into the Dormitory with other Children

When the child is moved out of the Reception Unit into the dormitory the following steps of introduction need to be followed. The PO/Case Worker/CWO needs to ensure that:
  • The child should be introduced to the children in the dormitory that he/she has been assigned to, and to key staff at the CCI.
  • The child should be taken around the SH and made familiar to the different parts of the special home building like dormitories, dining area, study room, library play area etc.
  • The child should be provided orientation to the following:
    • Children‘s committees and introduction to representatives
    • Redressal mechanisms available for airing grievances, complaints

Individual Case Conference

Every child shall have a daily interaction with the PO/caseworker assigned charge of his/her care. There shall also be an individual interaction with the PO/case worker under the supervision of the PO, to ensure that the child‘s progress is monitored, on a weekly basis.
  • The case worker under supervision of the PO should ensure individual conference with every child once every week.
  • The purpose of the case conference should be on the following:
    • Obtaining feedback from the child about activities planned in his/her ICP
    • Discuss how the child is feeling and how he is adjusting in the CCI and address issues if any
    • Address and discuss any new developments with regards to the child‘s needs
    • Explaining the progress of the child‘s case and the procedure involved in case of children in the Observation Home
    • Planning for release and reintegration into the family, community
      • after being released on bail, or acquittal in the Observation Home
      • after completion of reformation stay in the Special Home
  • Records of each case conference session shall be maintained and placed in the case file of the child.

Free legal aid

Every child is entitled to understand the legal process he/she has to go through, the stages of the case, what to expect at each production and that he/she has right to receive free legal aid from the State.
  • Access to legal aid lawyer
  • Every child in CCI has a right to receive free legal aid.
  • Free legal aid shall be rendered by the CCI via legal aid institutions of the State Legal Services Authority, District Legal Service Authority, or from the DCPU. The Superintendent would ascertain from the child [and/or his/her guardian] if they have legal assistance and if they have legal aid from the DLSA/SLSA etc. In case they need, the Superintendent would take all steps to ensure that the legal aid lawyer from DLSA/SLSA is provided to the child.
  • The Legal cum Probation Officer in the District Child Protection Unit and the State Legal Aid Services Authority shall be under an obligation to provide legal services sought by the CCI.
  • In case the DLSA/ SLSA is not able to provide legal aid, the same may be brought to notice of the JJB and also Secretary DLSA, Secretary, SLSA and also to the SCPCR.
  • The Board/Children‘s Court may also deploy the services of the student legal services volunteers and nongovernmental organisation volunteers in para-legal tasks such as contacting the parents of the child and gathering relevant social and rehabilitative information about him/her

Children’s Participation in Governance of CCI through Committees

Engaging children systematically in matters related to them so as to gain their insights, feedback, and elicit their help in running the CCI, the following committees of children should be formed.
  • Food Committee
  • Cultural Committee
  • Campus maintenance committee
  • Games committee
  • Behaviour and conduct committee, etc

Daily Routine

Each institution shall have a well thought out daily routine or time table for children, which shall strive to strike a balance between rigidity of a ̳one size fits all‘ and providing for the individual needs of children. Striking this balance should be a work-in-progress and each institution should use their discretion to determine the same for themselves based on staff and other resources available.

The Superintendent/Person-in-charge assisted by the PO and the house parents shall be in charge of ensuring that the children maintain a high level of personal hygiene.

The case file of each child shall be maintained by PO/CWO/Case worker maintained in the Child Care Institution and will be in safe custody of Person in-charge which shall be confidential. The case file shall be produced before the Board or the Committee or the Children‘s Court on every date of production of the child for perusal of the Board or the Committee or the Children‘s Court.

Health Care

Every CCI shall have:

  • A medical officer who shall be available for the CCI on call.
  • A nurse or a paramedic who shall be available at all hours.
  • A quarantine room, and an equipped sick room/infirmary.
  • An equipped first aid kit, and an adequate supply of basic medication to control simple infections including fevers, vomiting, diarrhoea, and allergies. A first aid kit must comprise of the following sterile gauze pads of different sizes, adhesive tape in different sizes, adhesive bandages in several sizes, elastic bandage, a splint, antiseptic wipes, soap, antibiotic ointment, antiseptic solution (like hydrogen peroxide, Betadine, Dettol), Ibuprofen, Paracetamol, Domstal, Ondem, Perinom, Oral Rehyderation Solution, Probiotic Sachets, extra prescription medications, tweezers, sharp scissors, safety pins, cold packs, hot water bag, calamine lotion, surgical spirit, thermometer, plastic non-latex gloves (at least 10 pairs), flashlight and extra batteries, a blanket, mouthpiece for administering CPR, list of emergency phone numbers.
  • All staff in the CCI must have basic paramedical training to administer first aid, manage basic illness until medical assistance can be sought from the Medical Officer.
  • Every CCI shall have a referral network with hospitals and clinics for physical and mental health issues.
  • The Superintendent/ Person-in-charge shall ensure that no surgical treatment is carried out on any child without the previous consent of his parent or guardian or, 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, involved unnecessary suffering or injury to the health of the child; or without obtaining a written consent from the Person-in-charge of the institution.

Medical examination

  • At the time of admission - At the time of admission each child admitted in the CCI shall be medically examined by the Medical Officer within a period of 24 hours, and in special cases or medical emergencies immediately.
  • At the time of medical emergencies - The Person-in-charge/Superintendent shall ensure that there is a doctor accessible to reach the CCI in minutes in case of a medical emergency.
  • Preventive health - There shall be concerted proactive efforts to prevent illness, spread of infection, epidemics and to ensure overall health and well-being of children in CCI. The Person-in-charge/Superintendent would need to ensure the above and accordingly delegate tasks to the Medical Officer and other staff in CCI.
  • Mental Health - Every CCI shall have a full time counsellor who should be in-charge of mental health care of a child in the CCI. Any risk behaviour, trauma, mental health concerns/disorders/addictions/ psychological care identified for a child at the time of mental health assessment or during the various intervention programmes shall be well documented in the mental health profile of the child. Medicines shall be administered to the children by trained and appointed medical staff.

Education of Children in CCI

Every child in the age group of 6-14 years in a CCI has the right to free and compulsory education. It must be ensured that every child irrespective of age shall have access to education even if the period of stay in the CCI is short or temporary.

Providing children with vocational training and ensuring that they have the capacity to be financially self-reliant, is one of the most important components of care for children in conflict with law placed in protective and rehabilitative custody of CCI. Since the purpose and duration of care for children in Observation Homes and Special Homes is distinct, the objectives of vocational training programs for children in both these CCI would be different.

Safety measures

  • Control of access into the CCI : Home gate/door to be under lock and key. Entry of only authorized people: staff, part time staff, tutors, parents, volunteers, etc. shall be permitted, which should also be verified through a standard process, which involves identity verification, checking of personal belongings.
  • Boundaries to be secure: All boundary walls to be of the standard height to prevent intruders, or children from escaping.
  • Checking and repair of electrical fittings: All electrical fittings in the Home shall be regularly checked for any hazard and repaired immediately. The State shall make arrangements for regular checks by electrician at every CCI, to ensure that all wires, electric boards, and other fittings are not exposing the children to any danger and working in a normal condition.
  • Monitoring of content on television and internet: To monitor the content when children are watching television or while using the internet.
  • Display of emergency contact numbers: The emergency contact numbers (Police, JJB, medical Clinics, Ambulanc e, Child line, fire station, Probation Officer, and Superintendent) are placed on the notice board and in all prominent areas, offices, and common areas.
  • Functional complaint and grievance mechanism: The CCI should have functional and accessible complaint and grievance redressal mechanism i.e. suggestion box, Children‘s suggestion Book, children‘s committees, regular staff -children interface.
  • Safe custody of substances and harmful articles which can be misused: The CCI shall keep substances and harmful articles, which can be misused for harm, under lock and key (like medicines, phenyl, knives, scissors and blade), so that no child can harm self or others.
  • Prohibited items list to be displayed in all common areas : No person shall be allowed to bring into the institution the following prohibited articles, namely:
    • intoxicants of any description, psychotropic substances, liquor, ganja, bhang, opium, smack etc;
    • all explosives, poisonous substances, acid and chemicals , whether fluid or solid of whatever description;
    • all arms, ammunition and weapons, knives and cutting implements of every kind and articles which are capable of being used as a weapon of whatever description;
    • all obscene matter;
    • string, rope, chains and all materials which are capable of being converted into string or rope or chains, of whatever description;
    • wood, bamboo, club, stick, ladder, bricks, stones and earth of every description;
    • playing cards or other implements for gambling;
    • tobacco items,
    • pan masala or similar item;
    • medicine that has not been specifically prescribed;
    • any other article specified in this behalf by the State Government by a general or special order.
  • All bullion, metal, coin, jewellery, ornaments, currency notes, securities and articles of value of every description including electronic items such as mobile phone, digital camera, i-pad, etc, shall be deposited in safe custody.
  • Surprise searches: Surprise searches of the staff and child shall also be conducted by the Superintendent/Person-in-charge with the assistance of the guards.
  • Any prohibited article found during the search shall be seized by the Superintendent; a list of the articles seized shall be prepared.
  • In case of arms, weapons or addictive substances being found from a child‘s dormitory, the Superintendent/Person- in-charge shall conduct an inquiry to ascertain how the article entered the home and the persons responsible for the neglect.
  • The Superintendent/ Person In-charge shall furnish his report in this respect to the Police and the Board or Children‘s Court. The Board may initiate appropriate action upon such report or on the report forwarded by the committee for the disposal of the seized articles.

Emergency Services

Escape, run- away or missing of children:

In the event of an escape, run away or missing of a child from the CCI the Superintendent/Person-in-charge of CCI shall adopt the following proceedings.

  • The Superintendent/Person- in charge will immediately inform escape, run away or missing of a child in conflict with law to the Board or Children‘s Court as the case may be and report shall be lodged with the Police Station along with the details and descriptions of the child, identification marks, photograph, the details of parent‘s address, offence for which he had been placed in the institution etc.
  • A communication shall be sent to the parents or guardians and the management of the CCI immediately about such escapes, run away or missing.
  • The Person- in charge has to treat the child in conflict with law, who has escaped or run away from the CCI as a missing child. As per Rule 92 (1) of JJ Model Rules 2016, ―A missing child is a child, whose whereabouts are not known to the parents, legal guardian or any other person or institution legally entrusted with the custody of the child, whatever may be the circumstances or causes of disappearance, and shall be considered missing and in need of care and protection un til located or his safety and well-being established‖.
  • In case of a missing child in conflict with law from the CCI procedure as laid down under Rule 92 (1) to (7) shall be followed. Search of the child/children at places like railway stations, bus stand a nd other places etc. should be made by the staff of the CCI. The available immediate Superior Officer shall direct such action in the absence of the Person -in-Charge.
  • The Person-in-Charge of the CCI shall hold an enquiry of the incident and a report shall be sent to the Board or Children‘s Court and other controlling authorities within twenty four hours of the incident. The report shall be sent either by a mail, fax, special messenger or in person etc., as the case may be.
  • The Person-in-Charge shall identify the security lapses, if any, noticed at the time of the enquiry.
  • The Person-in-Charge of the CCI shall recommend and may initiate suitable action against the staff, if lapses or their part while discharging their duties have been established.
  • No punitive action shall be taken against the child who has been found/recovered and brought back to the institution.
  • The child will be referred to the counsellor after he is brought back to the CCI.
  • In case of a child who runs away from the institution on more than two occasions, such child shall be reproduced before the Board or the Children‘s Court.
  • When a child cannot be traced within a period of four months, the investigation of the case shall be transferred to the Anti Human Trafficking Unit in the District which shall make reports every three months to the Board or the Children‘s Court and the District Legal Services Authority regarding the progress made in the investigation.

Suicide or Death:

As per Rule 75 of the JJ Model Rules 2016 , on the occurrence of any case of death or suicide of a child in a Child Care Institution, the procedure to be adopted shall be as under:

  • The institution must ensure that an inquest and post-mortem examination is held at the earliest.
  • In case of natural death or death due to illness of a child, the Person-in-charge shall obtain a report of the Medical Officer stating the cause of death and a written intimation about the death shall be given immediately to the nearest Police Station, Board or Committee and the parents or guardians or relatives of the child.
  • Immediate information shall be given by the case-worker or Probation Officer or Child Welfare Officer to the Person -in-charge and the Medical Officer and the Person-in-charge shall immediately inform the nearest police station, Board or Committee and parents or guardians or relatives of the deceased child.
  • If a child dies within twenty- four hours of his admission to the Child Care Institution, the Person-in-charge of the Child Care Institution shall report the matter to the police and the District Medical Officer or the nearest Government hospital and the parents or guardians or relatives of such child without delay.
  • The Person - in - charge and the Medical Officer of the Child Care Institution shall record the circumstances of the death of the child and send a report to the concerned Magistrate, the police, the Board or the Committee or the Children‘s Court and the District Medical Officer or the nearest Government hospital where the dead body of the child is sent for examination and determination of the cause of death and the person- in charge and the Medical Officer shall also record in writing their views on the cause of death, if any, and submit it to the concerned Magistrate and to the police.
  • The Person-in-charge and the Medical Officer at the Child Care Institution shall make themselves available for any inquiry initiated by the police or the Magistrate regarding the cause of death and other details regarding such child.
  • As soon as the inquest is over, the body of the child shall be handed over to the parent or guardian or relatives or, in the absence of any claimant, the last rites shall be performed under the supervision of the Person-in-charge of the Child Care Institution in accordance with the known religi on of the child after retaining a photograph of the child for future reference.

Recording of Death of a child:

  • Entries related to the death of the child in - conflict with law including his/her photograph shall be made in the concerned registers, in the hospital records and uploaded on the designated website of the Govt. of India for missing children/persons in - case the child is an orphan or parents whereabouts are not known.
  • In case of an unnatural death of a child in a CCI or suicide photography or videography of it should be recorded for future evidence.

Funeral

The body of the child shall be handed over to the parents or guardian to perform the rituals as per their religious sentiments. The State Government shall meet the expenditure if any to be incurred towards the bringing of the body to the native place of th e child or the guardian in full in case the parents cannot meet the expenditure.

  • If there is no chance of parents or guardians reaching within 24 hours the Person in- charge of CCI shall take the body of the child from the hospital in accordance with the hospital rules and accordingly perform the last rites.
  • If the child is a destitute or an orphan or no one is willing to perform the last rites, the Person-in-Charge of the CCI shall arrange for the funeral of the body as per the religious sentiments of the child.
  • The Person-in-Charge of the Institution shall obtain the death certificate and communicate the copy to the parents or guardian, Commissioner, Women and Child Development, Human Rights Commission besides keeping one copy in the official records.

Epidemics and spread of infections

  • Whenever a child suffers from infectious disease he/she shall be kept in a separate sick room or a Medical unit to prevent the spreading of disease to other children.
  • A report shall be sent within twelve hours of the prevalence of epidemic either by email or fax or by special messages to the Competent Authority, health department, nearest government hospital.
  • Whenever there is an out-break of an epidemic in an institution, the institution, the Superintendent/Person-in-charge of the institution shall arrange for medical treatment in consultation with the District Medical authority or the Health Officer from the local Government.
  • The staff of the CCI should be prepared to cordon off and isolate children with infections in the sick room/quarantine room. If necessary certain dormitories should be cordoned off and used as spaces for children with infections to recuperate.
  • Disinfection of the premises must take place in the CCI.
  • Information must be provided to the children about preventive measures and early detection.

Prevention of accidents and other emergencies

The Person-in-Charge of the institution shall initiate the appropriate measures to prevent accidents and other incidents and also for Disaster preparedness and risk reduction.

Family Visits and Interaction

  • Communication and contact with family and significant people should form an essential part of a child‘s rehabilitation and preparation for re - integration in the society. Parents know more about their children than anyone else, and thus, are often the key source of invaluable and essential information. All efforts should be made to promote improved relationship between the child and his/her family wherever dysfunctional, unless it is not in the best interests of the child. Parents and families can provide key support when the child i s released from CCI.
  • As per Rule 74 of the JJ Model Rules 2016, every child in the Child Care Institution may be permitted to have one meeting in a week with his relatives.
  • The minimum time of the meeting shall not be less than 30 minutes
  • In special cases, where parents or guardians have travelled a long distance from another State or District, the Person - in - charge may allow the parents or guardians entry into the premises and a meeting with their children on other days on confirmation of their identity and they being reported not to have been involved in subjecting the child to abuse and exploitation.
  • There should be a day and time designated for the weekly meeting and the parents should be informed of the same at the time the child is being admitted into the CCI.
  • A newly received child shall be permitted to meet his parent or guardian or family member on their first visit on any day.
  • If the parents are not present at the time of the admission, the CWO/PO/Case worker shall establish contact with them and in form them about the weekly meeting and encourage them to meet the child every week.
  • If there are problems between child and his family, the CWO/PO/Caseworker shall facilitate the interactions between child and his family, sit in on meetings until necessary.
  • No meeting shall be permitted with the parent or guardian or relatives where such visitors have been found to be involved in subjecting the child to violence, abuse and exploitation or carrying any prohibited articles, except with the express permissio n granted by the Board or the Committee or the Children‘s Court or when such meeting has been specifically directed by the counsellor of the child.
  • Every child shall be allowed to write two letters in a week to his parent or guardian or to his relatives. Necessary stationary and postage for the letters shall be provided by the Person-in-charge.
  • The Person - in - charge may peruse any letter written by or to the child and may for reasons to be noted in the case file of the child, refuse to deliver or issue the letter. A report of the same shall be prepared and placed before the Management Committee. A copy of the report shall be retained on the case file and another copy shall be sent to the Board or the Children‘s Court or the Committee.
  • Every child shall be allowed to bring any written communication for the purpose of handing over to the Board or th e Committee or the Children‘s Court, as the case may be, and be provided stationary, etc. for the same.
  • The Person-in-charge may allow a child to speak with his parents or guardians on telephone once a week under supervision of the Child Welfare Officer or Case Worker or Probation Officer and record shall be duly maintained of such calls.
  • If the Person-in-charge feels that more than one meeting a week is required in the interests of the child, he would be empowered to permit such a meeting and record such reason in writing.
  • In case the family of the child does not come to visit the child and make no attempt to get in touch with him/her over the phone or through letter for more than a month, the Superintendent/ Person-in-charge shall inform the same to the B oard in the fortnightly updates.
  • The Board may direct the DCPU to make a home visit to find out the reason for parents absence from weekly meetings and lack of attempt at any communication
  • The DCPU social worker/PO must try and find out the reason for the above and encourage the family to make regular visits and phone call to the child.
  • The DCPU personnel should submit a report of the home visit to the Board.
  • In addition, the weekly visits, the counsellor should inform the PO and the Superintendent of the f amily therapy sessions where the presence of the family is required as per the mental health care plan of the child.
  • The Superintendent/ Person-in-charge shall be responsible for contacting the family and requesting their presence for the sessions.
  • Every person desiring to meet the child shall, before the meeting, disclose his name and address with proof, which shall be noted in the visitors register and signed by the visitor. Copy of the photo identity card containing the address and a photograph of the v isitor to be taken before the meeting, shall be retained by the institution. If the visitor refuses to disclose his particulars, he shall be denied the meeting.
  • The visitor shall, submit himself for a search at the main gate, female visitors shall be sear ched by female staff only.
  • Every meeting shall take place in the presence of the Child Welfare Officer or Case Worker or Probation Officer of the Child Care Institution, who shall be responsible for any irregularity that occurs and who shall be so placed that he is able to see and to prevent any objectionable or prohibited article being passed between the parties. Every child shall be carefully searched before and after the meeting in the presence of visitor. The child should not be having anything with him before he goes for the meeting.
  • If any objectionable or prohibited article is found in the search conducted before the meeting:
    • the said article shall be seized;
    • the Person-in-charge shall conduct an inquiry to know the identity of the person(s) responsible for the article reaching the child;
    • if the person(s) responsible are from the staff of the Child Care Institution, appropriate action will be initiated against them; and
    • a detailed report of the inquiry and its result shall be forwarded to the Department and the Board or court of competent criminal jurisdiction.
  • If any objectionable or prohibited article is found in the search conducted after the meeting:
    • the article shall be seized;
    • in case of any illegal article being found warranting legal action, the article and the visitor shall be detained and the police informed. The visitor and such article shall be handed over to the police;
    • a report of such visitor shall be prepared and placed in the case file of the child;
    • a report of the incident shall be forwarded to the Board or court of competent criminal jurisdiction; and
    • copy of the report shall be placed in the case file of the child.
  • Any child who abuses the privilege of meeting shall be denied the same for such period as the Person-in-charge may direct. A report of the same shall be sent to the Board or the Committee or the Children‘s Court and a copy shall be retained in the case file of the child.
  • Every child shall be entitled to communicate with his legal counsel provided that:
    • the rules of search and seizure shall apply to all legal counsels also;
    • every such interview shall take place within the sight of a home official, though at a safe distance so as to be out of hearing;
    • the person wishing to have an interview with the child in the capacity of his advocate shall apply in writing, giving his name, address and enrolment number with a copy of a vakalatnama, duly attested by the Board or the Committee or the Children‘s Court;
    • any child who claims to have no counsel shall be permitted to meet the legal aid counsels who visit the Child Care Institution in the normal course.

Nature of visits

The Juvenile Justice (Care and Protection of Children) Act, 2015 and the JJ Model Rules, 2016 facilitate that CCI should not function in isolation from the communities around them. As per rule 78 of the JJ Model rules,2016, all Child Care Institutions shall be open to visitors with the permission of the Board or the Person-in-charge, who may allow voluntary organisations, social workers, researchers, doctors, academicians, and such other persons as the Management Committee may permit or consider appropriate keeping in view the security, welfare and the interest of the children. Hence, the Person-in-charge, must actively seek support and encourage activities by volunteers, community members, civil society organizations, researchers, and others to come and collaborate programmes and activities for the development of children.

Transfer, Release and After Care

Transfer

Transfer of a child from one CCI to another CCI or a fit facility can be made in the following circumstances and as ordered by the Board/Children‘s Court:
  • During the inquiry, if it is found that the child hails from a place outside the jurisdiction of the Board shall if satisfied after due inquiry that it is in the best interest of the child and after due consulation with the Board of the child‘s home district, order the transfer of the child as soon as possible, to the said Board , along with such order and relevant documents and send a copy of the order stating the reasons for and circumstances of such transfer to the State Government and District Child Protection Unit. Observation Home to a Special Home on completion of inquiry and if the child is found to have committed the offence. Special Home to a Place of Safety if the child completes 18 years and has not completed the time period for rehabilitation and reformation as per the orders of the Board Place of Safety to prison, in case a child aged 16-18 years is found to have committed a heinous crime and is found to not have been reformed in the assessment conducted at the end of his stay(completion of 21 years of age) in a place of safety.
  • Repatriation of a child to another country
  • Once the decision to transfer is finalized , the Board shall give an escort order to SJPU to escort the child, within 15 days of receiving such order.
  • A girl child shall be accompanied by a woman police officer.
  • Where a SJPU unit is not available the Board shall direct the institution where the child is temporarily staying or DCPU to provide an escort to accompany the child during travel.
  • The child shall be escorted at Government expenses to the place or person as specified in the order and a travelling allowance on a per day basis shall be determined by the Board which shall be paid by the District Child Protection Unit of the State which has transferred the child.
  • A medical examination of the child shall be conducted 24 hours prior to the transfer and the report shall be updated in the case file.
  • On such order all documents including the case file, ICP and other records shall be updated prior to the tran sfer of the child and shall be sent along with the child.
  • The Board receiving the transferred child will process for restoration or rehabilitation or social reintegration.
  • In case of a child who is a national of another country, the Board or the Committee shall inform the State Government immediately on the production of the child before the Board which may initiate the process for repatriation of the child immediately in consultation with Ministry of Home Affairs and Ministry of External Affairs, as the case may be.
  • During the period pending the finalisation of the repatriation, the child shall be kept in a CCI.
  • The expenses for the repatriation of the child to another country shall be borne by the State Government concerned.
  • Timely information shall be given to the parents/guardians of the child and the date and time of the transfer must be specified.
  • In case of transfer of a child from an Observation Home to a Special Home, Special Home to a Place of Safety, Place of Safety to a prison, and a CCI to a fit facility for specialized care, the process of transfer should begin in advance.
  • In case of transfer from one CCI to another CCI close to a child‘s home in the same city or to another CCI in a different city, the superintendent of the CCI where the child is currently staying should coordinate with the DCPU regarding the date and time of the transfer.
  • The PO shall ensure that the child and parents are explained about the transfer, its implications, services offered in new CCI and how that is going to help the child in rehabilitation and transformation.

Release

  • As per JJ Act, 2015, when a child is kept in a Special home, on a report of a probation officer or social worker or of Government or a voluntary or non - governmental organisation, the Board may consider, the release of such child, either absolutely or on such conditions as it may think fit to impose, permitting the child to live with parents or guardian or under the supervision of any authorized person named in the order, willing to receive and t ake charge, educate and train the child, for some useful trade or calling or to look after the child for rehabilitation.
  • If child has been released on a temporary basis, the time during which the child is not present in the concerned home in pursuance of t he permission granted shall be deemed to be part of the time for which the child is liable to be kept in the children or special home.
  • In case of a child in conflict with law who fails to fulfill the conditions set by the Board , the time for which he is s till liable to be kept in the institution shall be extended by the Board for a period equivalent to the time which lapses due to such failure.
  • The Person-in-charge of the Child Care Institution shall maintain a roster of the cases of children to be release d on the expiry of the period of stay as ordered by the Board or the Children‘s Court.
Release from an Observation Home
  • The release of the child from an OH is under the following circumstances:
    • On bail
    • Acquittal if the child is not found guilty
    • Found guil ty and released after admonition
    • Found guilty and transferred to a Special Home
  • The Superintendent shall ensure the following:
    • If the child is released to parents/fit person on bail, the PO/CWO/Case worker shall counsel the child and the parents.
    • Outline expectations of the child in terms of conduct during the period of trial.
    • The child should continue education or vocational training during the period of trial.
    • If the child is not in school, the PO/CWO/Case worker will have to conduct home visits and undertake assessments to understand child‘s needs such as educational, vocational training, health, mental health and any other and incorporate insights from the same into the ICP.
    • Coordinate and keep the family informed about the date and time of the hearings. The PO/CWO/Case worker should attend all the hearings and update the JJB on ICP.
    • If the child is acquitted or released after admonition.
    • If ICP has determined that the child needs after care or supervision, the PO should undertake necessary follow-up actions as outlined in the final order of the JJ that may include home visits, visits to the place of employment of the child, school visits, asking the child to report to the PO or any other.
    • If the child is transferred to the special home or a place of safety on being found guilty and sentenced.
      • The child and the parents should be first explained about the judgment and its implications.
      • Explain the purpose of the special home and place of safety and how it is an opportunity that will give the child a chance for rehabilitation and reformation.
      • Update the child‘s records and ICP and hand over at the time of transfer.
  • Updating the ICP: At the time of release, the Person-in-charge or PO/CWO/Case worker of an OH shall update the ICP. The ICP forms the basis for further reformation and rehabilitation in the Special Home, or in the family and supervised by the DCPU/PO/voluntary agency as ordered by the board/Children‘s Court.
  • For children who are released from OH after advice , admonition or after participation in group counselling or orders him to perform community service, necessary direction may also be issued by the Board to the District Child Protection Unit for arranging such counselling and community service follow-up, and supervision may also be ordered by the Board to ensure that children do not become repeat offenders.
Special Home
Pre-release planning
  • The PO/CWO/Case Worker shall begin the pre-release planning three months prior to the date of release of the child from the Special Home.
  • During the pre-release planning, the PO/CWO/Case Worker shall ensure the following:
    • Family therapy/meeting sessions, facilitated by the counsellor/psychiatric social worker: The counsellor should organize family therapy sessions with the child and his family. The ses sions should aim at setting expectations of the child from the family members and vice-versa.
    • Individual therapy sessions by the counsellor/psychiatric social worker: The child to be helped to identify adults who can provide the needed emotional and social support to the child, what his future aspirations are and what actions on the part of the child are required to make a progress towards achieving his/her future aspirations, exploring options for education, training, apprenticeship/job etc.,
    • Updating the ICP: The ICP of the child needs to be updated prior to the release and have to be approved by the Board/Children‘s Court. Each part of the ICP shall be updated with the child and the respective staff responsible for it. Parents shall also be consulted during the process of updating of the ICP.
    • The ICP shall be approved by the management committee and the Superintendent shall sign on the ICP before it is presented before the JJB. The ICP should be sent to JJB/Children‘s Court for approval 2 months prior to the release of the child.
    • Linkages with the DCPU and other non -governmental organizations: On approval of the ICP by the JJB, the PO /CWO/Case Worker shall approach the DCPU and other NGOs in the area where the child is going to reside to help the child in the process of social reintegration, and to ensure that the ICP is being implemented.
Procedure to be adopted at the time of release from Observation Home/Special Home/Place of Safety
  • The exact date of release of the child shall be communicated to the parents 30 days before the date of the release and the parents shall be invited to receive the child on the day of the release. A confirmation shall be sought from the parents if they are coming on the day of the release.
  • If the parent or guardian express the inability to come to the CCI on the day of the release due to financial constraints, the actual expenses of the parent's or guardian's journey both ways and of the child‘s journey from the institution shall be paid to the parent or guardian by the Person-in-charge at the time of the release of the child.
  • The Person-in-charge of the Child Care Institution may in appropriate cases, order the payment of subsistence money, at such rates as may be fixed from time to time, by the State Government, and the rail way and/or road fares, as the case may be.
  • If the parents express their inability to come on the day of the release, the Person-in-Charge shall make arrangement to send the child to the parents‘/guardians house accompanied by home staff or a CWO from SJPU. In case the child is a girl, a female escort shall be arranged for this purpose.
  • A medical examination of the child is to be conducted by the Medical Officer 24 hours prior to the release of the child.
  • At the time of release of a child, the valuables and other articles kept in safe custody and the money deposited in the name of the child shall be handed over to the child, parent or guardian, as the case may be, and the entry should be made in the register and signed by the Person-in-Charge.
  • Where a girl child has no place to go after release and requests for stay in the institution after the period of her stay is over, the Officer-in-charge may, subject to the approval of the board/Children‘s Court, allow her stay till the time some other suitable arrangements are made.
  • Provide the child with a set of Summer/Winter clothes depending on the weather and essential toiletries if needed. The Person -in-Charge shall be responsible for it
  • In case the date of release falls on a Sunday or a public holiday, the child may be discharged on the preceding day with an entry to that effect being made in the register of discharge.
  • When the child attains the age of eighteen years, he may be placed, if eligible, in an aftercare programme, subject to the consent of the child an d the approval of the Board or the Children‘s Court.

After care

  • Preparing for After Care at the time of release from Special Home. The State Government shall prepare a programme for children who have to leave Child Care Institutions on attaining eighteen years of age by providing for their education, giving them employable skills and placement as well as providing them places for stay to facilitate their re- integration into the mainstream of society.
  • Any child who leaves a Child Care Institution may be provided after care till the age of twenty-one years on the order of the Board or the Children‘s Court, and in exceptional circumstances ,for two more years on completing twenty-one years of age as per Rule 25(2) of JJ Model Rules 2016.
  • The District Child Protection Unit shall prepare and maintain a list of organisations, institutions and individuals interested in providing after care as per their area of interest such as education, medical support, nutrition, vocational training etc. and the same shall be forwarded to the Board and all Child Care Institutions for their record.
  • The CCI shall, through counselling support and other programmes, prepare the young adults for life outside the Institution and for the After Care programme.
  • The process of transition from institutional care to after care should take into consideration the gender, maturity and particular circumstances of the child.
  • Young adults leaving institutional care should be encouraged to take part in the planning of their own after care.
  • An aptitude test /career guidance should be done by the counselor of DCPU with the help of a technically qualified person/agency before placing the young adult into appropriate after care programmes
  • If the Person-in-Charge, PO and other home staff involved in the process of rehabilitation of the child, during the pre-release planning are of the opinion that the child needs further supervision, care and support before their reintegration into the community, the child shall be referred to after care organization.
  • The Probation Officer or the Child Welfare Officer or Case Worker or social worker, shall prepare a post release plan and submit the same to the Board or the Committee, two months before the child is due to leave the Child Care Institution, recommending after care for such child, as per the needs of the child.
  • In case the child does not have parents, guardians or relatives, the child shall be referred to the CWC as part of the pre-release planning who then refer the child to an institution for children in care and protection. The referral to CWC shall also be made if the Person-in-Charge, PO and team are of the opinion that going to the family and the locality is not in the best interest of the child or
  • If the child does not desire to his/her to return to his family or if suitable inquiry it is established that the family is not the conducive place in the best interest of the child, the child may be placed in a group home or a hostel, the funds for which shall be provided under provisions for after care in ICPS.
  • Children who are placed in after care programme, shall be provided funds by the State Government for their essential expenses; such funds shall be transferred directly to their bank accounts.
  • The Person-in-charge on direction of Board or Children‘s court shall provide the child with such tools, as may be necessary; to start a work or business subject to such maximum cost as may be fixed by the institution/State Govt. which shall also form part of the post-release plan.

After Care Services

  • The Board or the Children‘s Court, while monitoring the post release plan will also examine the effectiveness of the aftercare programme, particularly whether it is being utilized for the purpose for which it has been granted and the progress made by the child as a result of such after-care programme.
  • If the Superintendent and the PO, during the pre-release find that the child needs after care post their release from the home, they shall update the same in the ICP and present a plan for the same to the JJB.
    • The decision for after care and the plan for after care shall be done in consultation with the child, his/her parents/guardian and the staff involved in the rehabilitative process.
  • The objective of after-care shall be to enable children to adapt to the society and during their stay in aftercare homes children are encouraged to move away from an institution-based life to a community.
  • The services of the After-care programme are:
    • Community group housing on a temporary basis for groups of 6-8 persons.
    • Provision of stipend during the course of vocational training or scholarships for higher education and support till the person gets employment.
    • Arrangements for skill training and placement in commercial establishments through coordination with National Skill Development Programme, Indian Institute for Skill Training and other such Central/ State Government programmes and corporates etc.
    • Provision of a counsellor to stay in regular contact with such persons to discuss their rehabilitation plans.
    • Provision of creative outlets for channel listing their energy and to tide over the crisis periods in their lives.
    • Arrangement of loans and subsidies for persons in after-care, aspiring to set up entrepreneurial activities and
    • Encouragement to sustain themselves without State or institutional support.
  • At the time of release, if there is a plan for after-care, the Board/Children‘s Court shall designate a Probation Officer/Case worker to supervise/monitor the child‘s progress in after-care.

Source : Living conditions in institutions for children in conflict with law - A manual by Ministry of Women and Child Development

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