Jharkhand Juvenile Justice (Care and Protection of Children) Rules, 2017
No: -- Dated: Jun, 16 2017
Jharkhand Juvenile Justice (Care and Protection of Children) Rules, 2017
No. - M.S./ICPS-490/2016-1790. - In exercise of the powers conferred by the provision to sub-section (1) of section 110 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), the State Government hereby makes the following state rules, namely:-
CHAPTER -I
Preliminary
1. Short title and commencement. - (1) These rules may be called the Jharkhand Juvenile Justice (Care and Protection of Children) Rules, 2017.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions. - (1) In these model rules, unless the context otherwise requires,-
(i) "Act" means the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016);
(ii) "Authority" means the Central Adoption Resource Authority constituted under section 68 of the Act;
(iii) "Case Worker" means a representative from a registered voluntary or non governmental organisation who shall accompany the child to the Board or the Committee and may perform such tasks as may be assigned to him by the Board or the Committee;
(iv) "Child Adoption Resource Information and Guidance System" means an online system for facilitating and monitoring the adoption programme;
(v) "Child Study Report" means the report which contains details about the child, such as his date of birth and social background;
(vi) "community service" means service rendered by children in conflict with law who are above the age of fourteen years and includes activities like maintaining a park, serving the elderly, helping at a local hospital or nursing home, serving disabled children, serving as traffic volunteers etc.
(vii) "form" means the forms annexed to these rules;
(viii) "Home Study Report" means a report containing details of prospective adoptive parents or foster parents, and shall include social and economic status, family background, description of home and atmosphere, and health status;
(ix) "individual care plan" is a comprehensive development plan for a child based on age and gender specific needs and case history of the child, prepared in consultation with the child, in order to restore the child's self-esteem, dignity and self-worth and nurture him into a responsible citizen and accordingly the plan shall address the following, including but not limited to, needs of a child, namely:-
(a) health and nutrition needs, including any special needs;
(b) emotional and psychological needs;
(c) educational and training needs;
(d) leisure, creativity and play;
(e) protection from all kinds of abuse, neglect and maltreatment;
(f) restoration and follow up;
(g) social mainstreaming;
(h) life skill training.
(x) "in country adoption" means adoption of a child by a citizen of India residing in India;
(xi) "Medical Examination Report" means the report of a child given by a duly licensed physician;
(xii) "Person-in-charge" means a person appointed for the management of the Child Care Institution;
(xiii) "POCSO" means the Protection of Children from Sexual Offences Act 2012 (32 of 2012);
(xiv) "rehabilitation-cum-placement officer" means an officer designated in every Child Care Institution for the purpose of rehabilitation of children;
(xv) "Selection Committee" means a committee constituted by the State Government under rule 87 of these rules;
(xvi) "social background report" means the report of a child in conflict with law containing the background of the child prepared by the Child Welfare Police Officer;
(xvii) "social investigation report" means the report of a child containing detailed information pertaining to the circumstances of the child, the situation of the child on economic, social, psycho-social and other relevant factors, and the recommendation thereon;
(xviii) "Social worker" means a person with post graduate degree in Social Work or Sociology or Psychology or Child Development or a graduate with minimum seven years of experience in child education and development or protection issues, who is engaged by a Child Care Institution or authorised by District Child Protection Unit or State Child Protection Society or State Adoption Resource Agency or Central Adoption Resource Authority for preparing social investigation report or individual care plan of the child, child study report, home study report of prospective adoptive parent or foster parents, rendering post-adoption services, and performing any other functions as assigned to such person under the Act or these rules;
Explanation: - For the purposes of this definition, it is clarified that the qualifications of the social worker member of the Board shall be as under section 4 of the Act.
(xix) "special educator" shall have the same meaning as assigned to it in the Protection of Children from Sexual Offences Rules, 2012;
(xx) "State Child Protection Society" means a society constituted under section 106 of the Act;
(xxi) "Disposal" in relation to proceedings by Child Welfare Committee means an order passed by the Child Welfare Committee under Section 36 (3) of the Act; however such disposal shall not be taken to imply closure of proceeding before the Committee.
(xxii) "Final disposal" in relation to any proceeding by the Juvenile Justice Board means order passed under section 18 of the Act.
(xxiii) "Inquiry" for the purpose of Section 5, 6, 12, 14, 16, 17, 18, 19 and 23 means the proceeding through which Board or the Children Court, as the case may be, makes decision regarding child's involvement in the alleged offence or otherwise. Such Inquiry starts from the date of first production of the child before the Board and concludes with Board or the Children Court, as the case may be, giving finding in this regard. Conclusion of such inquiry shall not be taken to imply closure of proceedings before the Board or the Children Court, as the case may be.
(xxiv) "Inquiry" for the purpose of Section 36 means the proceeding through which Child Welfare Committee takes a decision regarding restoration or rehabilitation of Child.
(xxv) "Police Investigation Report" means a report filed before the Board or the Children Court, as the case may be, by the Child Welfare Police Officer on completion of police investigation of the offence within the given time frame in relation to the alleged involvement of child and shall be deemed to have same status and effect as a Police Report under Section 173 of Code of Criminal Procedure Code.
(xxvi) "School" for the purpose of Section 94 is any school recognized by government not including playschool.
(2) All words and expressions defined in the Act and used, but not defined in these rules, shall have the same meaning as assigned to them in the Act