REPORT BY THE SUB-COMMITTEE ON UNCRC
67
in need of care and protection and recommending
District Child Protection Unit or labour department
regarding care, protection and rehabilitation of the
action for improvement in quality of services to
or childline services, as the case may be; (xvii)
child, including directions relating to immediate
the District Child Protection Unit and the State
accessing appropriate legal services for children;
shelter and services such as medical attention,
Government; (ix) certifying the execution of the
(xviii) such other functions and responsibilities, as
psychiatric and psychological support including
surrender deed by the parents and ensuring that
may be prescribed.
need-based counselling, occupational therapy or
they are given time to reconsider their decision
as well as making all efforts to keep the family
behaviour modification therapy, skill training, legal
96
Section 37 of the JJ Act, 2015. (1) The Committee
aid, educational services, and other developmental
together; (x) ensuring that all efforts are made
on being satisfied through the inquiry that the child
activities, as required, as well as follow-up and
for restoration of abandoned or lost children to
before the Committee is a child in need of care
coordination with the District Child Protection
their families following due process, as may be
and protection, may, on consideration of Social
Unit or State Government and other agencies; (h)
prescribed; (xi) declaration of orphan, abandoned
Investigation Report submitted by Child Welfare
declaration that the child is legally free for adoption
and surrendered child as legally free for adoption
Officer and taking into account the child’s wishes in
under section 38. (2) The Committee may also pass
after due inquiry; (xii) taking suo motu cognizance
case the child is sufficiently mature to take a view,
orders for — (i) declaration of fit persons for foster
of cases and reaching out to children in need of
pass one or more of the following orders, namely:—
care; (ii) getting after care support under section
care and protection, who are not produced before
(a) declaration that a child is in need of care and
46 of the Act; or (iii) any other order related to any
the Committee, provided that such decision is
protection; (b) restoration of the child to parents or
other function as may be prescribed.
taken by at least three members; (xiii) taking action
guardian or family with or without supervision of
for rehabilitation of sexually abused children
Child Welfare Officer or designated social worker;
who are reported as children in need of care and
(c) placement of the child in Children’s Home or
protection to the Committee by Special Juvenile
fit facility or Specialised Adoption Agency for the
Police Unit or local police, as the case may be,
purpose of adoption for long term or temporary
under the Protection of Children from Sexual
care, keeping in mind the capacity of the institution
Offences Act, 2012; (xiv) dealing with cases referred
for housing such children, either after reaching the
by the Board under sub-section (2) of section 17;
conclusion that the family of the child cannot be
(xv) co-ordinate with the police, labour department
traced or even if traced, restoration of the child to
and other agencies involved in the care and
the family is not in the best interest of the child;
protection of children with support of the District
(d) placement of the child with fit person for long
Child Protection Unit or the State Government; (xvi)
term or temporary care; (e) foster care orders
in case of a complaint of abuse of a child in any
under section 44; (f) sponsorship orders under
child care institution, the Committee shall conduct
section 45; (g) directions to persons or institutions
an inquiry and give directions to the police or the
or facilities in whose care the child is placed,
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Section 39 of JJ Act, 2015
(1) The process of rehabilitation and social
integration of children under this Act shall be
undertaken, based on the individual care plan of
the child, preferably through family based care
such as by restoration to family or guardian with or
without supervision or sponsorship, or adoption
or foster care: Provided that all efforts shall be
made to keep siblings placed in institutional or
noninstitutional care, together, unless it is in
their best interest not to be kept together. (2)
For children in conflict with law the process of
rehabilitation and social integration shall be
undertaken in the observation homes, if the child