Who is an Unfit Parent? What is CWC ROLE?

From:  [mail from: baluakkisa@gmail.com : ]
Sent Monday, February 15, 2016 9:31 AM
To: helpap@gmail.com

Subject:  Who is an Unfit Parent? What is CWC ROLE?

Dear Sir,

A child was abused sexually by their family. Produced before CWC, we placed the child in an institution for CNCP. The family members are asking to take the child. CWC is suspecting the family members as they are perpetrators how can deal this case without giving the child and how to declare them as unfit persons?

Thanking you sir,

Your’ faithfully,

Baluakkisa.

Member, CWC-East Godavari.

CHILDREN OF PARENTS CONSIDERED UNFIT FOR THEIR CARE

While the family is considered the best place for a child to grow up in, there may be certain conditions which make the family an unsuitable place. In such situations, the child may require alternative care arrangements. Who is an Unfit Parent? Either the CWC can declare parents unfit or the parents themselves may express their inability to look after the child. The family cannot be termed as permanently unfit. They are “currently” unfit, which means at the time that they approach the CWC for support to take care and protect their child, they are in a phase of life that is crisis ridden and where internal or external circumstances has lowered their capacity to take care of their child. This aspect needs to be ascertained and reviewed by the CWC through their interviews with the parents and the home inquiry report of the PO. The JJ Act upholds, that if parents are given some support by way of counseling or an opportunity to earn a livelihood if they are unemployed or linked with an appropriate scheme of the government that helps fulfill a financial need, or medical treatment they could become fit and in a position to once again care for their child. The attempt of the CWC should therefore be to refer them to all services necessary, so that the parents are rendered fit in the shortest possible period. The access to services such legal aid, rehabilitation services for parents, medical treatment, counseling, sponsorship etc will have to be facilitated by the DCPU. The reasons why the parents are declared as unfit needs to be clearly documented by the CWC.

CWC declaring parents to be unfit: A parent / parents may be declared unfit by the CWC on the following grounds such as: 1. Physical or sexual abuse of the child by the parent i.e., if a parent neglects or abuses or inflicts violence on the child or exploits his or her child, themselves or under threat. 2. Parents found to be drug users 3. Parents who are terminally ill and are unable to take care of the child 4. Parents suffering from severe mental illness 5. Parents accused of child abuse or rape 6. Parents serving prison term (could be for short term or life imprisonment. CWC to review this.). In the above circumstances, where the family situation is dangerous or harmful for the child or where the family, because of their situation, is not in a position to take care of the child, the CWC can declare the family unfit for the care and protection of the child. The CWC will reach this decision only after the detailed inquiry process by the PO. Parents expressing inability to care of the child: Parents on their own initiative may express their inability to look after their child and request the CWC to admit the child in the Children Home. A few examples of circumstances which may lead to such a situation are when the child himself is chronically habituated to drugs, and underwent to outrage his own mother, siblings or threatens to end the opponent life, if creates obstacles or prevents him from doing his illegal activities within the home itself, when the single mother is a domestic help staying with the employers or the single mother has odd duty hours, or due to trauma caused by a serious crisis such as death or desertion or attack from the neighbors due to his unethical behavior, the mother feels incapable of taking responsibility of the child.  In such cases the parent/s may feel the need to hand over their child, but the CWC can convince the parents that the crisis is a passing phase in their life and they need not consider themselves unfit to care for their child. Through non institutional, family based alternatives like day care, counseling, placement of child in the care of a close relative the child can be prevented from being institutionalized. Please note the above examples are not exhaustive. If the parents come with reasons of child being uncontrollable that results in them not being able to take care of the child, lack of education, facilities in the neighborhood etc, the CWC should not entertain such cases and should refer the parents for counseling/ alternative care so that they take responsibility for the care of their children and the child can continue to stay in the family environment.

Specific procedure to be followed in case the parents are considered unfit: In case a child is produced to the CWC by the parent themselves The parents should first make an application to the CWC expressing the reasons why they are not able to take care for the child, thus requesting admission for their child to the Children Home. When the CWC receives such an application, it should fix a meeting with the parents to explain to them the importance of a family and home in a child’s life and that institutionalization should be the last resort. The option of placing the child with a relative may be explored by the CWC where appropriate. In case of a child produced by anybody other than the parent himself The CWC shall at first try to evaluate the situation and ask for reasons from the producer (relatives, NGO, concerned citizen, police etc.) that brought the child whether it thinks that the parents are unfit and the child needs to be institutionalized. The CWC, if possible, shall meet the parents in order to get to the root of the matter. Ordering a Home Enquiry Report The CWC should direct the PO to conduct a home enquiry based on the application by the parent or the report submitted by the NGO or the reason given by the relative or concerned citizen. The CWC shall also speak to the child in order to consider the wishes of the child and in order to visualize the pulse of the child about at what stage/status he/she is in. Passing the Order Based on the above, the CWC shall pass the necessary orders keeping in mind the principle of family responsibility and the fact that institutionalization of the child should be the last resort.  For this reason the CWC can refer the case of such a child for non institutional services that will address the needs of the child as well as strengthen the family’s capacity to take care of the child.  If the CWC feels that the child is in need of protection and care and that there is no alternative (other support system, foster care etc.) than to keep him or her in an institution, then the CWC can pass an order for admitting the child into the Children Home. The child should not be admitted in the Children Home for more than a year during which period the family is strengthened with the help of other Government schemes or NGO programs, to once again become fit for taking care of their child. The CWC can pass an order to insist that parents visit the child in the institution at least once a month, so as to maintain a close relationship with the child. The PO/ Superintendent of Home where the child is placed, may be directed to bring the facts to the CWC’s notice if parents violate this order.

Follow up: The CWC must review the case every year by asking the PO to undertake home visit and prepare a Home Enquiry Report. The CWC can change the decision of institutionalization and send the child back to the family depending on the family circumstances, or withdraw the child from the non institutional alternative care services if the family is once again empowered to take care of the child.

Convergence and Networking with other stakeholders

From:  [mail from: youthclubofbejjipuram@gmail.com : ] 
Sent Monday, February 15, 2016 12:31 PM
To: helpap@gmail.com

Subject:  Convergence and Networking with other stakeholders

Dear Sir,

Please give details about Convergence and Networking with other stakeholders.

Thanking you sir,

Prasada Rao.

Ex. Chairperson –CWC, Srikakulam,

Respected Sir,

Child Welfare Committee can call upon the stakeholders to play a role in fulfillment of the needs of the child when is required please find below details as per SOP;

Convergence and Networking with other stakeholders.

 In the process of rescue, interim care, rehabilitation and reintegration the child needs to have the support of many other stakeholders that are outside the JJ System. The CWC can call upon these stakeholders to play a role in fulfillment of the needs of the child and for the child’s protection and ask the DCPU to facilitate the coordination and convergence with other State Department and civil society bodies in the interest of children. Coordination is necessary with the police, health department, law and judiciary, labor department, media and NGOs.

Coordination with the Police, particularly SJPU is required for FIR/filling complaint, rescue of a child, evidence recording, verification of documents, property recovery/ recovery of child / sibling, tracing of family, escorting child (to hospital, tracing of family, telecasting of photograph, intra -state, inter- state and cross border repatriation). Co-ordination with police on matters in Sessions Court, High Court, and other courts where the child’s matter is in progress.

Coordination with Non Governmental/ Voluntary Organizations for -   For Social Assistance in tracing family of the juvenile, filing complaint  For professional services Placement of the child investigation  (psycho-social counseling and services, education counseling, legal counseling and legal aid, education/ vocational training,) Pre- placement visit to institutions, training/ education/ vocational centers   Assist police with inter-intra state transfer  to Follow up of the cases. Coordination with Health Department for Medical Examination, Age verification, hospitalization and special treatment where required. Coordination with legal experts and the Judiciary in understanding of the case from legal point of view, legal assistance with cases in courts. Coordination with the Media to sensitize civil society, share good practices and precautions in telecasting of photographs, message to the society about a child in need of care and protection, in case of Urgency, need.

 Please refer SOP Pg. no. 21

Child interstate transfer

--------- Forwarded message ----------
From: Balakrishna Yalakala <balakrishnayalakala7@gmail.com>
Date: Tue, Feb 23, 2016 at 9:08 AM
Subject: 
To: helpap@gmail.com
Cc: balumsw_66 <balumsw_66@rediffmail.com>, anand@helpap.in


Dear Sir!
Greetings from Varadhi Social Service Society
Please send Child interstate transfer proceeding order copy
Thanking you sir
Regards
Y.Balakrishna
Secretary Varadhi Social Service Society
Mobile: - 9701678811

What is Child Sexual Abuse and Role of CWC

Subject: What is Child Sexual Abuse and  Role of CWC?.:

From: Yendada Sridevi [mail from:sreedevi.yenda@gmail.com]
Sent: Saturday, February 6, 2016 8:12 AM
To: HELP
Subject:  What is Child Sexual Abuse and  Role of CWC?.

Namasthe Sir,

Please give details about Child Sexual Abuse and Role of Child Welfare Committee. And also give related sections to follow the case.

Thanking you sir,

Sincerely Yours.

Y. Sreedevi,

Member,

CWC, Srikakulam District.

Respected Madam,

Please find the Answer for your need in Child Sexual Abuse case.

CHILD SEXUAL ABUSE AND RAPE

The World Health Organization defines child abuse as “all forms of physical and or emotional ill treatment, sexual abuse, neglect or negligent treatment or commercial or other exploitation, resulting in actual or potential harm to the child’s health, survival development or dignity in the context of a relationship of responsibility, trust or power.”

CHILD SEXUAL ABUSE MEANS:

It includes all forms of sexual assault, exploitation, harassment and pornography related offences as referred under the provisions of Protection of Children from Sexual Offences Act 2012.

ROLE OF CHILD WELFARE COMMITTEE:

(A) When the information is received by a CWC from any source including the media regarding sexual abuse of a child under its jurisdiction the committee should take the following steps:

1)    Acknowledge receiving the information on record, take suo-moto cognizance of cases brought to notice and seek a report from local police within shortest possible time.

2)    A copy of such order should be mailed / faxed or sent by hand to the Police Station and to the State/District Child Protection Unit seeking necessary support in dealing with the cases.

3)    In case of no response from Police, there must be a follow-up in a time bound manner. Matter must be brought to the knowledge of the senior police officers for necessary action. The State / District-CPU should also be kept informed about action taken.

4)    Make efforts to locate the whereabouts of the victim and provide assistance by way of counselling, medical etc.

5)    RELEVANT SECTIONS OF INDIAN LAW ( IPC )

1.     Section 366A of Indian Penal Code- Procuring of minor girl

2.     Section 366B of Indian Penal Code - Importation of girl from foreign country

3.     Section 367 of Indian Penal Code - Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc

4.     Section 372 of Indian Penal Code - Selling minor for purposes of prostitution etc.

5.     Section 373 of Indian Penal Code - Buying minor for purposes of prostitution.

6.     Section 375 of Indian Penal Code- Rape

7.     Section 376 of the Indian Penal Code- Punishment for rape

8.     Section 377 of the Indian Penal Code- Unnatural offences

9.     Section 354 of the Indian Penal Code- Assault or criminal force to woman with intent to outrage her modesty

10.   Section 511 of the Indian Penal Code- Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment

11.    Section 23 of the Juvenile Justice (CPC) Act 2000

12.   Protection of Children from Sexual Offences Act 2012

Sexual Abuse Case – CWC involvement.

Subject: Sexual Abuse case – CWC involvement :

From: nainabasha [mail from:nainbasha1970@gmail.com]
Sent: Friday, February 5, 2016 4:18 PM
To: Anand
Subject:  Sexual Abuse Case – CWC involvement.

Respected sir,

When a child victim of sexual abuse is produced before the Committee by any person, how Child Welfare Committee can deal?

Thanking you,

Your’s

Nianbasha,

Member-Guntur - CWC.

v  In Child victim of sexual abuse case was produced before Child Welfare 

committee, Committee  is required to do the following:-

1.     If the child is in an institutional care (recognized or unrecognized) action as contained in, Rule 60 of the JJ Model Rules, 2007 should be strictly followed by all concerned and CWC should ensure compliance. The Committee should seek a detailed report from the Head of the Institution within two days of having received such information regarding abuse of child in writing from any person or verbally from the child at the time of production or inspection of the institution.

2.     Child should be interviewed by a female member(s) separately. In case female member is not available only then the female Welfare Officer / Counsellor should interview the child in the presence of a CWC Member.

3.     Opinion of the family members and/or relatives should be sought before taking any decision about the child’s care, protection and rehabilitation. The opinion sought should be mentioned in the order.

4.     The version of the child must be taken on record, identifying the abuser clearly, nature of abuse and need of the child for medical, psychological and psychiatric treatment. The name of the CWC member and/or Welfare Officer/Counselor who interviewed the child should be placed on record.

5.     In case, the child is not in a position to speak due to age, mental and physical condition, committee should make such observation referring to the medical examination report.

6.     In case committee finds any discrepancy in the statement of the child and the version recorded in the FIR and/or medical examination report, the same must be indicated in the observation of the CWC in writing.

7.     In accordance with Rule 27 (9), the Committee shall facilitate filing of police complaint and F.I.R. in all cases of sexual violence, exploitation and abuse of child.

8.     The Committee should also arrange for required legal aid through the legal aid counsel deputed by Delhi Legal Services Authority (DLSA) with the Committee and a copy of CWC order should be given to the concerned person

Section 23 of JJAct -2000

From: puvvala.ratnam@gmail.com Date:  Feb 3, 2016 at 10:53 AM Subject: Section 23 of JJAct -2000To: help.org <helpap@gmail.com>   

Respected sir

 Greetings from CWC -East Godavari

We have received a case from police station with FIR including with section 23 of JJAct2000. In this regard, please give section details for the CNCP

Thanking u sir ,                      

Yours faithfully,

P.Ratnam

Member –CWC

East Godavari.

Dear Ratnam Garu,

Thanks for your query. Please find below answer as per your request 

Section 23 in The Juvenile Justice (Care and Protection of Children) Act, 2000

23. Punishment for cruelty to juvenile or child.— Whoever, having the actual charge of, or control over, a juvenile or the child, assaults, abandons, exposes or wilfully neglects the juvenile or causes or procures him to be assaulted, abandoned, exposed or neglected in a manner likely to cause such juvenile or the child unnecessary mental or physical suffering shall be punishable with imprisonment for a term which may extend to six months, or fine, or with both.

Role and responsibilities of Inspection Committees

From: narasimharaoic@gmail.com>
Date: Tue, 5, 2016 at 11:58 AM
Subject: Roles and Responsibilities of IC

To: help.org <helpap@gmail.com>  

Dear Sir,

This is Narasimharao, Member - Inspection Committee of Prakasam district, Please give information regarding Role and Responsibilities of IC. We are awaiting for the answer very soon.

Thanking you sir,

Dear Narasimharao garu , Thank  you very much for asking the question.

Role and responsibilities of Inspection Committees

Under

Juvenile Justice (Care & protection of Children) Act, 2000 amend 2006

Section 35. Inspection. –

1)      The State Government may appoint inspection committees for the children’s homes (hereinafter referred to as the inspection committees) for the State, a district and city, as the case may be, for such period and for such purposes as may be prescribed.

2)      The inspection committee of a State, district or of a city shall consist of such number of representatives from the State Government, ¹[xxxxx], Committee, voluntary organizations and such other medical experts and social workers as may be prescribed.

JJ (CARE & PROTECTION OF CHILDREN) RULES, 2007

Rule 63. Inspection. –

1)      The State Government shall constitute State, District or city level inspection committee on the recommendation of the Selection Committee constituted under Rule 91 of these rules.

2)      The inspection committees shall visit and oversee the condition in the institutions and appropriateness of the processes for safety, well being and permanence, review the standards of care and protection being followed by the institutions, look out for any incidence of violation of child rights, look into the functioning of the Management Committee and Children’s Committee set up under rules 55 and 56 of these rules and give appropriate directions.

3)      The team shall also make suggestions for improvement and development of the institution.

4)      The team shall consist of a minimum of five members with representation from the State Government, the Board or Committee, the State Commission for the Protection of Child Rights or the State Human Rights Commission, medical and other experts, voluntary organizations and reputed social workers.

5)      The inspection shall be carried out at least once in every three months.

6)      The inspection visit shall be carried out by not less than three members.

7)      The team may visit the institutions either by prior intimation or make a surprise visit.

8)      The team shall interact with the children during the visits to the institution, to determine their well-being and uninhibited feedback.

9)      The follow up action on the findings and suggestion of the children shall be taken by all concerned authorities.

10)  The action taken report, findings and suggestions from the Inspection Committee shall be sent to the District Child Protection Unit and the State Government.

Rule 55. Management Committee.―

1.      Every institution shall have a Management Committee for the management of the institution and monitoring the progress of every juvenile and child.

2.      In order to ensure proper care and treatment as per the individual care plans, a juvenile or child shall be grouped on the basis of age, nature of offence or kind of care required, physical and mental health and length of stay order.

3.      The Management Committee shall consist of the following personnel:

District Child Protection Officer (DCPUnit)                               - Chairperson

Officer-in-charge/ Suptd                                                           - Member-Secretary

Probation Officer or Child Welfare Officer or Case Worker      - Member

Medical Officer                                                                        - Member

Psychologist or Counsellor                                                       - Member

Workshop Supervisor or Instructor in Vocation                        - Member

Teacher                                                                                   - Member

Social Worker Member of JJB or CWC                                  - Member

A juvenile or child representative from each of the Children’s

Committees (on a monthly rotation basis to ensure

representation of juveniles or children from all age groups)        - Member

4.      In the districts where District Child Protection Unit is not constituted the District Magistrate or Collector or his nominee shall be the Chairperson of this Committee.

5.      Where voluntary organizations are involved in providing professional and technical services like education, vocational training, psychosocial care, mental health intervention and legal aid the Management Committee may invite a representative of such voluntary organizations as a special invitee to the Management Committee meetings.

6.      (a) The Management Committee shall meet every month to consider and review―

                    i.      custodial care or care in the institution, housing, area of activity and type of supervision or interventions required;

                              ii.            medical facilities and treatment;

                            iii.            food, water, sanitation and hygiene conditions;

                             iv.            mental health interventions with the juveniles and children;

                   v.       individual problems of juveniles and children, provision of legal aid services and institutional adjustment, leading to the quarterly review of individual care plans;

                             vi.            vocational training and opportunities for employment;

                           vii.            education and life skills development programmes;

                         viii.            social adjustment, recreation, group work activities, guidance and counseling;

                      ix.            review of progress, adjustment and modification of residential programmes to the needs of the juveniles and children;

                        x.            planning post-release or post-restoration rehabilitation programme and follow up for a period of two years in collaboration with aftercare services;

                             xi.            pre-release or pre-restoration preparation;

                           xii.            release or restoration;

                         xiii.            post release or post-restoration follow-up;

                         xiv.            minimum standards of care, including infrastructure and services available;

                           xv.            daily routine;

                         xvi.            community participation and voluntarism in the residential life of children such as education, vocational activities, recreation and hobby;

                       xvii.            oversee that all registers as required under the Act and rules are maintained by the institution, check and verify these registers, duly stamped and signed in the monthly review meetings;

                     xviii.            matters concerning the Children’s Committees;

                         xix.            any other matter which the Officer-in-Charge may like to bring up.

(b)   The officer-in-charge or child welfare officer shall file a quarterly progress report of every juvenile or child in the case file and send a copy to the District Child Protection Unit and Board or Committee, as the case may be.

7.      The Management Committee shall set up a complaint and redress mechanism in every institution and a Children’s Suggestion Box shall be installed in every institution at a place easily accessible to juveniles and children away from the office set up and closer to the residence or rooms or dormitories of the children.

8.      (a) The Children’s Suggestion Box, whose key shall remain in the custody of the Chairperson of the Management Committee, shall be checked every week by the Chairperson of the Management Committee or his representative from District Child Protection Unit, in the presence of the members of the Children’s Committees.

(b)   If there is a problem or suggestion that requires immediate attention, the Chairperson of the Management Committee shall call for an emergency meeting of the Management Committee to discuss and take necessary action

(c)    The quorum for conducting the emergency meetings shall be five members, including two members of Children’s Committees, Chairperson of the Management Committee, Member of Committee or the Board as the case may be and the Officer-in-Charge of the institution.

(d)   In the event of a serious allegation or complaint against the Officer-in-Charge of the institution, he shall not be part of the emergency meeting and another available member of the Management Committee shall be included in his place.

(e)   All suggestions received through the suggestion box and action taken as a result of the decisions made in the emergency meeting or action required to be taken shall be placed for discussion and review in the monthly meeting of the Management Committee.

9.      A Children’s Suggestion Book shall be maintained in every institution where the complaints and action taken by the Management Committee are duly recorded and such action and follow up shall be communicated to the Children’s Committees after every monthly meeting of the Management Committee.

10.  The Board or Committee shall review the Children’s Suggestion Book at least once in three months.