Tamil Nadu Juvenile Justice (Care and Protection of Children) Rules, 2017
No: -- Dated: Aug, 11 2017
SOCIAL WELFARE AND NUTRITIOUS MEAL PROGRAMME DEPARTMENT
TAMIL NADU JUVENLIE JUSTICE (CARE AND PROTECTION OF CHILDREN) RULES, 2017
No. SRO A-38(b)/2017. - In exercise of the powers conferred by sub-section (1) of section 110 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (Central Act 2 of 2016), the Governor of Tamil Nadu hereby makes the following rules, namely:-
CHAPTER - I
Preliminary.
1. Short title, extent and commencement. - (1) These rules may be called the Tamil Nadu Juvenile Justice (Care and Protection of Children) Rules, 2017.
(2) These rules shall come into force with effect from 11th August, 2017.
2. Definitions. - (1) In these rules, unless the context otherwise requires,-
(a) "Act" means the Juvenile Justice (Care and Protection of Children) Act, 2015 (Central Act 2 of 2016);
(b) "aftercare home" means a home that is maintained for persons, who have completed the age of eighteen years but have not completed the age of twenty-one years, and have left any institutional care to join the mainstream of the Society;
(c) "Case Worker" means a representative from a registered voluntary or Non-Governmental Organization 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";
(d) "community service" means a service rendered to the society such as cleaning a park, serving the elderly, helping at a local hospital or nursing home, serving disabled children, serving as traffic volunteers, tree planting with adult supervision by children in conflict with law who are above the age of fourteen years which is not degrading and dehumanizing and with due protection of the identity and dignity of the child;
(e) "District Child Protection Officer" means an officer who heads or is incharge of State Child Protection Unit of the district constituted by the State Government under section 106 of the Act;
(f) "District Collector" means the Chief Officer in-charge of the revenue administration of the district;
(g) "District Magistrate" shall have the same meaning assigned to the "District Collector" for the purpose of these Rules;
(h) "Form" means the Forms annexed to these rules;
(i) "Government" means the State Government;
(j) "individual care plan" means a comprehensive development plan for a child, based on age and gender specific, needs and the 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 the needs of a child, namely:-
(i) health and nutritional needs, including any special needs;
(ii) emotional and psychological needs;
(iii) educational and training needs;
(iv) leisure, creativity and play;
(v) protection from all kinds of abuse, neglect and maltreatment;
(vi) life skill training;
(vii) restoration and follow up;
(viii) social mainstreaming;
(k) "Inspection Committee" means a committee constituted by the State Government under section 54 of the Act;
(l) "officer-in-charge" means an officer appointed for the control and management of a child care institution including Superintendent of Government child care institution or Manager of such institution;
(m) "reception unit" means a unit functioning as part of an observation home for providing temporary reception, care and rehabilitation of any child alleged to be in conflict with law, during the pendency of any inquiry under the Act;
(n) "social investigation report" means a report in Form I prepared in relation to a child and includes all information pertaining to the circumstances of the child, the situation of the child on economic, social and psycho-social and other relevant factors and the recommendation thereon;
(o) "social worker" means a person with a degree in social work or sociology, psychology, criminology or child development who is engaged by a child care institution or authorised by the District Child Protection Unit, 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 or any other duty as assigned to such person under the Act or these rules;
(p) "social worker member" means a social worker appointed to the Juvenile Justice Board;
(q) "special educator" means a person trained in communication with children with special needs in a way that addresses the child's individual differences and needs, which include challenges with learning and communication, emotional and behavioural disorders, physical disabilities and developmental disorders;
(r) "The Tamil Nadu State Child Protection Society" means the society constituted for the State under section 106 of the Act.
(2) All words and expressions used but not defined in these rules shall have the meanings respectively assigned to them in the Act.
CHAPTER - II
Juvenile Justice Board.
3. Additional Qualification of members for appointment as social worker member. - (1) No person shall be appointed as a Social Worker member of the Board.-
(i) unless he has completed thirty five years of age and should not have completed sixty five years of age at the time of appointment and shall have a proven track record for a period of not less than seven years of experience in dealing with children;
(ii) if he is associated with any political party;
(iii) if he is adjudged or declared insolvent.