Sunday 24 January 2016

Proceedings and Powers of CWC.

From:  [mail from: sudhakar.mannepula@gmail.com : ]
Sent Tueday, January 12, 2016 10:41 PM
To:
helpap@gmail.com
Subject: Proceedings and Powers of CWC.

Namasthe Sir,
Recently, police were rescued a boy child and handover to parents without CWC intimation. In this situation, we would like to send an intimation for all the stakeholders. Please help us to work effeciently in our districts.

Thanking you sir,
sincerely.
M. Sudhakar,
Member-Child Welfare Commettee.
Ananthapur District.

Dear Sudhakar garu,
Child Welfare Committee is the competent authority and a court for the disposal of the cases of children below 18 years, We have also received few complaints from other districts too. We hope this below answer can be utilized to sensitise all the stakeholders.








GOVERNEMENT OF ANDHRA PRADESH
CHILD WELFARE COMMITTEE, ___________DISTRICT
A Bench of JUDICIAL MAGISTRATES
Constituted under Section -29 of the JJ (Care & Protection) Act, 2000
“The final authority to dispose of cases for the Care, Protection, Treatment, Development and Rehabilitation of children as well as to provide for their basic needs and protection of human rights”… Section 31(1)


PROCEEDINGS

To                                                                                                                                                           Date: 
_______________
_______________
_______________
                                                                                                                                                               

As you know very well that the Child Welfare Committee is the competent authority and a court for the disposal of the cases of children below 18 years which is constituted by the Govt. of India under Sec 29 of Juvenile Justice (Care & Protection of Children) Act 2000, amend 2006. All the members in this committee are the Bench of Magistrates empowered with the powers of First Class Judicial Magistrates. Further, the committee has been equipped with the powers to facilitate the children in need of Care and Protection services in terms of their development, care, treatment and rehabilitation under Sec 31 (2) of JJ (Care and Protection of Children) Act 2000 r/w 2006.

The CWC expects that, any of the Government officials especially The Law Enforcement Agency particularly like Police department will have a sufficient knowledge on pertinent Acts/legislations especially with regard to their nature of work. Accordingly, the very significant legislation enforced for protection children and their rights by the Govt. of INDIA is the Juvenile Justice (Care & Protection of Children) Act 2000, amend 2006 on which you might have some fundamental knowledge though not in-depth.

CWC is a court by all means under Juvenile Justice (Care & Protection of Children) Act, 2000 amend 2006. As per the definition of Sec 2(1) Legal Services Authorities Act and also as per the definition of Sec 3 of Evidence Act court means a civil, criminal or revenue court and includes any tribunal or any other authority constituted under any law for the time being in force to exercise judicial or quasi judicial functions. Hence CWC is a court.

It is hereby suggested to refer in Sec 29(5) of JJ Act, 2000 that prescribes the CWC is having the powers of a Metropolitan or “Judicial” First Class Magistrate and shall have the powers conferred by the Code of Criminal Procedure, 1973 (2 of 1974) on a Metropolitan Magistrate or, as the case may be, a Judicial Magistrate of the first class.      It reveals the intention of the legislation that CWC shall be a court. It is further suggested to go through the Standard Operating Procedures authorized by Dept of Juvenile Welfare, Correctional Services and Welfare of Street Children, Govt of Andhra Pradesh in page no. 8 of chapter 2 and also page no. 11 in this regard. 

It is further to bring to your kind notice that, under Sec 54 (1) of JJ Act 2000 amend 2006 it is clearly mentioned about the Procedure in inquiries, appeals and revision proceedings.- Save as otherwise expressly provided by this Act, a competent authority while holding any inquiry under any of the provisions of this Act, shall follow such procedure as may be prescribed and subject thereto, shall follow, as far as may be, the procedure laid down in the Code of Criminal Procedure, 1973 (2 of 1974) for trials in summons cases.

Whereas the Child Welfare Committee is empowered to exercise the powers conferred under Code of Criminal Procedure, 1973 (2 of 1974) with the Sec 54, 61, 62, 63, 66, 70, 71 and 72 as and when it is applicable in disposal of the cases of children in need of care and protection and are below the age of 18 years.

By keeping in view of all the powers conferred under both JJ Act, 2000 amend 2006 as well as under Code of Criminal Procedure, 1973 (2 of 1974) the CWC is empowered to issue notice to the head of the departments/concerned public servant/departmental official as and when it is required while disposing the cases of children in need of care and protection services followed by the fundamental principle IV of JJ Act, 2000 amend 2006 which is “In the Best interest of Children”.
Given under my hand with the seal of CWC dated this __________________________.

Cc:
1.       To The In-Charge, Special Juvenile Police Unit, __________ Dist.
2.       To The Superintendent of Police, ____________________ Dist.
3.       To The Hon’ble Dist Judge, Dist Court, ________________ Dist.
4.     To The Hon’ble Secretary, DLSA, _____________________ Dist


Saturday 23 January 2016

Street Child case procedures with CWC

From:  [mail from: rajareddymogili@yahoo.com : ]
Sent Monday, January 11, 2016 11:31 PM
To:
helpap@gmail.com
Subject: Street Child case procedures with CWC

Dear Sir,
Please give details about CWC procedurs  of street child.
Thanking you sir,
Raja.

Procedure to be followed when a street child is produced before the Child Welfare Committee:

In addition to the Standard procedures to be followed as laid out in Chapter 3, the following Special Procedures have to be followed whenever a street child is produced before the CWC.

Order a Medical checkup
Keeping in mind that children who have lived on the streets for long, may be sufferingfrom various infections, cuts and bruises, attending to their physical health should be a priority. The CWC must order a medical check-up within 24 Hrs. Street children might have also addicted to substances such as chewing gutka, inhaling whitener, glue as well as, in some cases, to hard core drugs such as brown sugar. An appropriate order to provide treatment has to be given that will help the child recover from such an addiction faster. A close coordination with NGOs and other agencies working on drug rehabilitation program will be useful in such cases. Where required the CWC should order for an age verification.
Initiate family tracing
Family tracing should be initiated at the earliest. Keeping in mind that in a large  number of cases, children leave their homes for very trivial reasons, an early intervention would help the child and his/her family in reunification. The CWC should send the information of the child to the police/ Missing persons Bureau/ Child Line / Home-link to help trace the child’s family.
Ensure the PO develops a plan of action
The CWC must enable the PO to draw an age-appropriate plan for the child while inquiry is pending. An appropriate educational and vocational program should be initiated. Wherever possible, mainstreaming the children into formal schools needs to be initiated. The CWC should ask for reports from the PO whether the child placed in the children Home or Shelter Home are enrolled for such classes and a periodic monitoring is done. NGOs should be invited to develop such programs within Children Home. If the option of repatriation and reintegration of the child with the family is not possible, then the CWC can also explore the possibility of keeping the child/referring the child to a Shelter Home run by an NGO that caters to the special needs of street children. Street children are usually averse to closed institutions and very structured settings. Older street boys could settle well in group homes. The views and opinions of the child need to be taken into consideration before making a final decision. The child should not be forced to go back to

his or her family is s/he does not want to.

Order Format for Declaring Child Legally free for Adoption.


From:  [mail from: : sweepngo@gmail.com ]
Sent Wednesday, January 13, 2016 10:11 PM
To:
helpap@gmail.com
Subject: Order Format for Declaring Child Legally free for Adoption.

Sir,  Please give us a format about Adoption.

Thanking you sir,
K. R. Murthy, Member-CWC-Srikakulam.


Dear Ramana Murthy Garu,
Please find the below format for Declaring Child Legally free for Adoption as per SOP (JJ Act)


ANNEXURE 2
ORDER FOR DECLARING CHILD LEGALLY
FREE FOR ADOPTION
IN CASE OF SURRENDERED CHILD
CHILD WELFARE COMMITTEE
……………………….DISTRICT

GOVERNMENT OF ANDHRA PRADESH

In the exercise of the powers vested in the Child Welfare Committee constituted under sub-section (1) of section 29 of the Juvenile Justice (Care and Protection of Children) Act 2000, the child …………….…………………………………. (name) born on ……………….........................................…. placed in custody of Specialized Adoption Agency………………………………………………………………(name and address)vide order No. ………………………………………………………., dt………….……… of the Child Welfare Committee, …………………..……………………. has been declared “legally free for adoption” on the basis of details furnished hereunder: (a) Intake case sheet of the biological mother submitted by the Social Worker of the Specialized Adoption Agency. (b) Document of Surrender executed by the parent (s) and surrender deed signed in the presence of the Committee under sub-rules ……………... of Rule…..……of these rules. (c) Declaration submitted by the Specialized Adoption Agency shall fulfill all conditions specified in Juvenile Justice (Care and Protection of Children) Act 2000 and the rules relating thereto and furnish a copy of the adoption decree /guardianship order in respect of the child, as may be required by the Committee and concerned

Department of Govt. of Andhra Pradesh.
Place……………… Chairperson/Member
Date:……………… Child Welfare Committee
District……………….

Undertaking for completion by the Specialized Adoption Agency:
(i) I have read and understood Chapters III and IV of the Juvenile Justice (Care and protection of Children) Act 2000 and the rules thereunder and agree to abide/be bound by the same while placing the said minor in adoption.
(ii) I further declare that the particulars stated in the Declaration submitted by me on …………….……….. are true and correct. In case they are found to be false or incorrect, the Committee has the right to suspend this Release Order for …………………….. and ask for production of the minor before the Committee.

Date:
      Place.


Social Worker

Exploitation with the juveniles in the institution-CWC Role.

From:  [mail from: ncys1993@yahoo.co.in ]
Sent: Monday, January 11, 2016 7:11 AM
To:
helpap@gmail.com
Subject:
Exploitation with the juveniles in the institution-CWC Role.
 Sir,

We are very happy about previous clarification through your blog for the best interest of the child. 

We would like to get another clarification from you when there is exploitation with the juveniles in the institution and what the role of Child Welfare Committee is.

Thanking you Sir,

Regards

P. Vijaya Nirmala,
Member,
Child Welfare Committee,
West Godavari District. A.P. India.

Respected Madam,
Just to bring to your clarification we are furnishing few details of the provisions regarding powers of CWC under Juvenile Justice (Care and protection of children) Act, 2000 and JJ model rule 2007.
Ø  Under Rule 60 (2) (ii) of JJ model rule 2007 -  After any incidence of abuse or exploitation with the juveniles of children in the institution JJB or CWC shall pass orders for special investigation.
Ø   Under Rule 60 (2) (viii) of JJ model rule 2007 – JJB or CWC can seek assistance from relevant voluntary organizations, child rights experts etc. in dealing the matters of abuse or exploitation of juveniles or children in an institution
Ø  Under Rule 73 (i) of JJ model rule 2007 – Board or Committee is equally powerful to allow people to enter institutions under JJ system.
Ø  Under Rule 10 (f) & (g) of JJ Model Rule 2007 - liaison with committee and Boards of other districts to facilitate speedy enquiry.

Complaints against improper care in Homes:

The CWC are expected to monitor the standards of care and protection in institutions within their jurisdiction. If the CWC find malpractices in relation to the care of children in institutions, such matters should be reported to the Commissioner/Director, Juvenile Welfare Correctional Services and Welfare of Street Children to take immediate action.

Thanking you,


Friday 22 January 2016

CWC Role in Trafficking cases.

From:  [mail from:kadapacwcramana@gmail.com]
Sent: Tuesday, January 6, 2016 10:13 AM
To:
helpap@gmail.com
Subject:  CWC Role in Trafficking cases.

హెల్ప్ వారికి కడప చైల్డ్ వెల్ఫేర్ కమిటీ నుండి నమస్కారం,
గతంలో మీ నుండి పలు విషయాలను బ్లాగ్ ద్వారా పొంది బాలలకు మా జిల్లాలో సహాయ కార్యక్రమాలు చేపట్టాము.
ప్రస్తుతం మా జిల్లాలో Trafficking case వచ్చినప్పుడు Child Welfare Committee ఎలా స్పందించాలో దయచేసి వివరించగలరు. 

 Thanking you,

Ramana Rao,
Member,
CWC- YSR Kadapa District.  

గౌరవ మెంబరు గారికి నమస్కారం.
బాలలు Trafficking నకు గురి కాబడినప్పుడు Child Welfare Committee చేయదగిన విషయాలు ఈ క్రింద విధంగా  తెలియజేయబడినాయి దయచేసి పరిశీలించండి.

 Child Welfare Committee ముందు బాలలను ప్రవేశపెట్టినప్పడు.
1.      Child Welfare Committee వారు బాలలతో మాట్లాడి వారి యొక్క అభిప్రాయం మరియు అనుభవాలు తెలియజేయుటకు తగిన ప్రోత్సాహకాన్ని అందించవలయును.
2.      Child Welfare Committee వారు బాలలకు తాత్కాలిక వసతి కల్పించుటకు ప్రభుత్వ లేదా ప్రభుత్వేతర సంస్థలకు తగిన ఆదేశాలు జారీ చేయవలయును.
3.      Child Welfare Committee ముందు బాలలను ప్రవేశపెట్టినప్పుడు అవసరమైతే వైద్య పరీక్షల నిమిత్తం ఆదేశాలను జారీ చేయవలయును.
ప్రభుత్వ లేదా ప్రభుత్వేతర సంస్థల వసతి గృహములలో : ( At Govt & Non Govt Homes)
1.      వసతి గృహ సిబ్బంది సదరు బాలలకు జరగాల్సిన వైద్య పరీక్ష మరియు వయస్సు నిర్దారణ పరీక్షలు ప్రభుత్వ ఆరోగ్య కేంద్రంలో జరిగేటట్లు చూడవలయును.
2.      బాలలతో మాట్లాడటం ద్వారా వారి కుటుంభ చిరునామాను తెలుసుకొని, వారి సహాయం తోనే ఆ చిరునామాను కనుగొనే ప్రయత్నం చేయాలి.
3.      బాలలతో చర్చించి తద్వారా వారి వ్యక్తిగత రక్షణ ప్రణాలికలను తయారుచేసి అమలు పరచడం.
గృహ విచారణ విషయంలో: ( Home Inquiry Report):
1.      DCPU లేదా NGO ల ద్వారా కుటుంబాన్ని కనుగొని సందర్శించి విచారణ సేకరించాలి.
2.      బాలలు అదే జిల్లాకు చెందినవారైతే అదే జిల్లా వారితో విచారణ చేపట్టాలి.
3.      కుటుంబాన్ని ఇతర విషయాలను విశ్లేషించి తగిన నివేదికను తయారుచేసేలా చేయాలి.
4.      Home Inquiry Report సహాయాల కొరకు DCPU లేదా  NGO ల సహాయం పొందవచ్చును.
పోలీసు సహకారం:
1.      FIR, Charge Sheet నమోదు చేయుటలో ఆలస్యం చేయకుండా తగు జాగ్రత్త కొరకు Child Welfare Committee ఆదేశాలు జారేచేయవలయును.
2.      Child Welfare Committee వారు FIR కాపీలను Charge Sheet కాపీలను పొందవలయును.
Home Inquiry Report అనంతరం రిపోర్టును పరిశీలించి బాలలను తమ ఇంటికి పంపే క్రమంలో మరియు ఫిట్ పర్సన్ గా ఉన్నట్లయితే బాండు ను తీసుకొని ఇంటికి పంపవచ్చును. బాలలు ఇతర దేశం లేదా రాష్ట్రం లేదా జిల్లా వారు అయితే బదిలీ లేదా పునరేకీకరణ కొరకు ఆర్డరు జారీ చేయవలయును. కుటుంభం లేకపోయినప్పుడు Sponsorship, Poster Care అవకాశాలు అందించవచ్చును.


Thursday 21 January 2016

Punishment Details in Child Begging

Subject:  Punishment in Child Begging.
From: bathula chinnaiah [mail from:bathulachinnaiah@gmail.com]
Sent: Tuesday, January 4, 2016 6:13 PM
To: Anand
Subject:  Punishment in Child Begging.


Respected sir,
Please give details about child employment & Begging and punishment including imprisonment. 
yours
Bathula Chinnaiah  
Chairperson, Child Welfare Committee
 Kurnool Dist

Dear Chinnaiah garu,

Thank you for the query. Please find the details as per your need.

Section 24 Juvenile Justice Act- 2000 is saying as below:
Employment of Juvenile or Child for Begging
(1) Whoever employs or uses any juvenile or the child for the purpose or causes any juvenile to beg shall be punishable with may extend to three years and shall also be liable to fine.


(2) Whoever,  having the actual charge or, or control over, a juvenile or the child abets the commission of the offence punishable under sub-section (1), shall be punishable with imprisonment for a term which may extend to one year and shall also be liable to fine.