Thursday, 11 February 2016

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.

Model SIR Format

From: wide.dyothi@gmail.com>
Date: Mon, 1, 2016 at 11:58 AM
Subject: Model SIR Format
To: help.org <helpap@gmail.com>  

Dear sir ,

This is D.Jyothy Member CWC SPSR Nellore district sometimes we are giving order for SIR to NGOs but there is no specific format for SIR .Please give me model format to SIR.
Dear Madam,
We are thankful to you for your query and here below is.

SOCIAL INQUIRY REPORT (SIR)
(As per Section 33 of JJ Act- 2000)

R.C. NO: CWC/PRK19/1/2016.
Type of Intervention:                               SIR Conducted by:                Dept.:
  Particulars of the Child
Name of Child/Survivor
Age
Gender
Place  of  interview
Date





Police Station Details
Name of Station
FIR No.
JJ Act.
Sections
POCSO Sections
ITPA
Sections
Cr. Pc/IPC Sections
CLPRA Sections
Child Marriage
Sections










a.   Interviewed: Parent / Guardian / Siblings / Neighbors / School Teacher / Friends / Other:
Personal Details of interviewed person
1st person (Family)
2nd person (Neighbor)
Name:


Address:


How was the relationship with survivor child


Standard of Living of the survivors family (details of property, other family members living in house)



b.    Details of Child/ Survivor’s Family:

Sl. No.
Name
Relationship
Occupation
Other details





















c.   Details of the child/ survivor:   
Full Name of Child

Age (please collect/attach copy of any age proof like
birth certificate/  school leaving certificate):

Educational Qualification :

Name of the school last attended:

Reason for leaving school:

Was the child working? If so where?

Detail Description of the child including any birth marks:

Date : when the child/ survivor went intervene :

How did the child/ survivor intervene? Please describe in details

Who was child/ survivor last seen with, what time, what clothes were they wearing:

Relationship of person (last accompanied) with the child/ survivor.

Date of last contact:

Has the child/ survivor been missing before: (Details)

Involvement of any family/community members in trafficking?

Does the child/ survivor have any history of addiction/s:

Medical conditions(including physical & history of disease /illness) of the child/victim:

Does the child/ survivor have any personal habits:
(twitch, cracking fingers or others)

 Whether the case complaint been filed:
If yes, where filed, complaint number, police station. If not the reason behind that?


d.      Summary of Social query :
v  Details of local environment / surrounding area / community keeping in mind the child best interest.




v  Relation with the Community





v  Economical condition of the Family



v  Family Relation with child










v  Views of other stake holders ( Specify: ________________________  )





v  Observations /Findings by the  Interviewer handling the case:









v  Suggestions by the Interviewer as per ‘Best interest of the Child’:






v  Specify whether the child/ survivor should be reintegrated to the family & why





Details of interviewer:
Name & Signature
Phone
Designation
Department
Address
    







Office Use
SIR Ordered on:
SIR Submitted on:

Total No. of days taken
to submit SIR
Received on:
Received by:
(Name & Signature)






Remarks if any: 




With best regards,