Legislatory provisions to admit children in child care institutions

From: M Kishore Kumar,

Member - Child Welfare Committee,

Prakasam Dist.

CWC బెంచ్ లో CNCP CASESS లో కొంతమంది చిల్డ్రన్ కు రీహాబిలిటేషన్ అవసరమైనప్పుడు ,ఆ లాంటి చిల్ద్రెన్ ను homes refer చేచినపుడు Home డైరెక్టర్స్ /In charges CWC orders దిక్కరించి చైల్డ్ ను జాయిన్ చేసుకోవటం లేదు ఆ లాంటి సందర్బాలలో CWC వారి పై ఎలాంటి చర్యలు తీసుకోవచ్చును ?

Dear Mr Kishore garu,

This is in reference with your query with regard to the refusal by a NGO children home to admit the children in need of care and protection services that is too reference by the competent authority Child Welfare Committee of the District. Here below are few significant provisions in accordance with the Juvenile Justice (Care & Protection of Children) Act, 2000 amend 2006 as well as JJ Model (National) Rules, 2007 for your reference and appropriate proceedings.

Legislatory provisions to admit children in child care institutions

Sec 34 of Juvenile Justice (Care and Protection of Children) Act, 2000 amend 2006.

Children's homes.- (1) The State Government may establish and maintain either by itself or in association with the voluntary organisations, children's homes, in every district or group of districts, as the case may be, for the reception of child in ne d of care and protection during the pendency of any inquiry and subsequently for their care, treatment, education, training, development and rehabilitation. (2) The State Government may, by rules made under this Act, provide for the management of children's homes including the standards and the nature of services to be provided by them, and the circumstances under which, and the manner in which, the certification of a children's home or recognition to a voluntary organisation may be granted or withdrawn.

Rule 71 of JJ Model (National) Rules 2007 Registration under the Act.? (1) All institutions and organisations running institutional or non-institutional care services for children in need of care and protection, whether run by the government or voluntary organization, shall get themselves registered under sub-section (3) of section 34 of the Act.

(2) All such institutions shall make an application together with a copy each of rules, bye-laws, memorandum of association, list of governing body, office bearers, balance sheet of past three years, statement of past record of social or public service provided by the institution or organization to the State Government, who shall after verifying that provisions made in the institution or organization for the care and protection of children, health, education, boarding and lodging facilities, if any, vocational facilities and scope of rehabilitation, may issue a registration certificate to such organization under sub-section (3) of section 34 of the Act and as per this rule.  

Rule 29 of JJ Model (National) Rules 2007 Children's Homes? (1) The State Government itself or in association with voluntary organizations, shall set up separate homes for children in need of care and protection, in the manner specified below-

(a) All children’s homes shall be registered as child care institutions under sub-section (3) of

Section 34 of the Act and rule 71 of these rules;

(b) All children’s homes shall be certified as per the procedure laid down in rule 70;

(c) All children’s homes shall report to the concerned Committee about every child in need of care and protection received by them;

(d) 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;

(e) Every children’s home shall include separate facilities for children in the age group of 0-5

years with appropriate facilities for the infants;

(f) Separate children's homes shall be set up for boys and girls in the age group 10 to 18 years;

(g) Children in the age group of 10 to 18 shall be further segregated into two groups of 10 to 15 years and 15 to 18 years.

(2) Each children home shall be a comprehensive child care center with the primary objective to promote an integrated approach to child care by involving the community and local Non- Governmental Organisations through the Management Committee set up under rule 55 of these rules and the District Child Protection Unit or State Child Protection Unit or the State Government shall make an annual performance review of functioning of the children’s homes.

Thanking you,

With best regards,

HELP – HOTLINE Resource Team