Effective Functioning of the CWC from Hyderabad.pptx

Cwc

1. Effective Functioning of the CWC Common Problems & Challenges

2. CWCs are the most critical district-level bodies for ensuring appropriate implementation of the JJ Act 2015 in reference to Children in Need of Care & Protection . How can CWCs be more effective in implementing the JJ Act & let your work speak for you ?

3. Common Challenges . Poor CWC Infrastructure Cramped Space Poor Office Equipment Lack of CWC Staff Unresponsive stakeholders Conflict with DCPU Lack of teamwork Unfilled vacancies in child protective services Inadequate Counseling provision & Psycho Social support None or poor data keeping Selection Of Members with no background of working with children Inadequate capacity building of care givers Minimum Standards prescribed unmet in CCIs Delayed Remuneration

4. An Act to consolidate and amend the law relating to children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social re-integration, by adopting a child-friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation through processes provided , and institutions and bodies established, hereinunder and for matters connected therewith or incidental thereto

5. The Juvenile Justice ( Care & Protection of Children ) Act 2015 is a highly progressive legislation and its primary focus is the principle of best interest of the child . It provides for appropriate support services for children in need of care and protection . It adopts a child centered , rights based approach in the disposition of cases. It is centered on protection of the dignity of the child and ensuring access to child rights , protection and rehabilitation through State responsibility and action .

6. Principle of presumption of innocence. Principle of dignity and worth. Principle of Participation . Principle of Best Interest Principle of family responsibility. Principle of safety. Positive measures. Principle of Non-stigmatizing semantics. Principle of non –waiver of rights. Principle of equality and non-discrimination. Principle of right to privacy and confidentiality. Principle of Institutionalization as last resort. Principle of repatriation &restoration. Principle of Fresh Start Principle of diversion Principle of Natural Justice . Chapter II ,3 Key guidelines &Principles “Best interest Of Child” means the basis for any decision taken regarding the child, to ensure fulfillment of his basic rights and needs, identity, social well-being and physical, emotional and intellectual development “Child Friendly” means anybehaviour , conduct, practice, process, attitude, environment or treatment that is humane, considerate and in the best interest of the child ; 2(15)

7. Internal Management of CWC office & Casework Duration of Sittings /Frequency of Sittings as per Rule 16 Kind of Orders to be passed Maintenance of Registers as per Rule 17 (vii) Documentation & Record Keeping as per Rule 17( i ) Reporting Protocols as per Rule 17 (v) Case Pendency Inspection of CCIs Grievance Redressal as per Rule 17(ii) (iii)(iv) Other Important details

8. Case Management during sittings Rule 16 . . (3) The Committee shall hold its sittings in the premises of a children’s home or, at a place in proximity to the children’s home or, at a suitable premises in any institution run under the Act for children in need of care and protection. (4) The Committee shall ensure that no person(s) un-connected with the case remains present in the room when the session is in progress. (5) The Committee shall ensure that only those person(s), in the presence of whom the child feels comfortable, shall be allowed to remain present during the sitting. ( ( 7) The Committee shall sit on all working days for a minimum of six hours commensurate with the working hours of a magistrate court, unless the case pendency is less in a particular district and the State Government concerned issues an order in this regard: (9 ) While communicating with the child, the Committee members shall use child friendly techniques through their conduct. (10) The Committee shall hold its sittings in a child-friendly premises which shall not look like a court room in any manner and the sitting arrangement should be such to enable the Committee to interact with the child face to face. (11) The Committee shall not sit on a raised platform and there shall be no barriers, such as witness boxes or bars between the Committee and the children (12) The Committee shall be provided infrastructure and staff by the State Government.

9. The law empowers CWCs to be the final authority for the care, treatment, protection, development and rehabilitation of CNCP and for disposing all complaints related to these children while ensuring that their basic rights and needs are met , ( UNDER THIS Act ) The power you have as a CWC member is to enforce the provisions of this law. Rule 19(15 ) The Committee shall function cohesively as a single body and as such shall not form any subcommittees Rule 19 13 ) Any decision taken by an individual member, when the Committee is not sitting, shall be ratified by the Committee in its next sitting Rule 19 (14) At the time of final disposal of a case, there shall be at least three members present including the Chairperson, and in the absence of Chairperson, a member so nominated by the Chairperson to act as such. When sittings are not conducted as per the provision in the law, Or the CWC renders itself inaccessible, it is denying care and protection to the children in need of it. Section 29 (5) the Committee should function as a bench of magistrates.

10. Ensuring CWC availability at all times Rule 16 (6 ) At least one member of the Committee shall always be available or accessible to take cognizance of any matter of emergency and issue necessary directions to the Special Juvenile Police Unit or local police of the district . For this purpose the Chairperson of the Committee shall draw up a monthly duty roster of the Committee members who shall be available and accessible every day, including on Sundays and holidays . The roster shall be circulated in advance to all the police stations, the Chief Judicial Magistrate/Chief Metropolitan Magistrate, the District Judge, the District Magistrate, the Board, the District Child Protection Unit and the Special Juvenile Police Unit. Several times you will get the complaint that CCI’s refuse admission to CNCP & CCL children in very late hours . CCI cannot refuse admission . The caseworker or police officer has to fill in Form 42 in triplicate . It is valid only from 8pm till 1400 hours the next day . Rule 69-D Note :

11. FORM 42 [Rules 69 (D) (4)] OVERNIGHT PROTECTIVE STAY Whereas (name of the child) ..................................has this day been apprehended/ found to be in need of overnight protective stay at the ………………………………………………. (Name of the Institution). The said child has been produced by …………………… ( Name of the child welfare police officer, from ………………Police station , ……………) . The child has been brought along with the required application seeking protective stay, medical report stating the general health condition of the child which has been duly perused by the person in-charge of the Institution. The said child has been brought to the Institution at ………………. (time) and shall be handed over on the following day to the concerned jurisdiction of the child welfare police officer on or before ………………(mention time). The personal belongings of the child have been thoroughly searched and the following articles ……………………………………………. (if any) have been handed over to the concerned child welfare police officer. In case the concerned child welfare police officer fails to report in due time to take custody of the child, such child shall be produced before the Juvenile Justice Board/ Child Welfare Committee by the Officer in charge of the Institution at the earliest. Copy to: 1. Child Welfare Police Officer 2. Board / Committee 3. The Person in charge of the Institution Dated this ___________________ day of _____________________ 20 (Signature) (Signature) The Person-in-charge of the Institution Child Welfare Police Officer

12. 12 Time Period for Completion of Inquiry The delay in any process involving rights of a child is indirectly denying those rights. Any inquiry initiated by CWC has to be completed within fifteen days so as to enable the Committee to pass order/s within four months from the date of first production of the child. RULE 69 is your gold standard The JJ Act lays down different time periods provided for different situations. In case of orphans and abandoned children, the Committee shall make all efforts to trace the parents or guardians of the child and on completion of such inquiry, if it is established that the child is either an orphan with no fit guardian, or abandoned, the Committee shall declare the child legally free for adoption. Any such order where CWC declares child an orphan, abandoned or surrendered and child as (38(4)legally free for adoption has to be taken by at least three members of the Committee . The provision related to adoption is covered in detail in chapter V in the section related to adoption .

13. Organized CWC case management & record keeping Rule 17 ( vii) maintain the following records in a register: (a) entries of the cases listed in a day and next date and the Committee shall prepare a daily cause list of the cases before it; (b) entries and particulars of children brought before the Committee and details of the Child Care Institution where the children are placed or the address where the children are sent; (c) execution of bonds ; (surrender deed /personal bonds etc) (d) movement including visits to institutions; (e) children declared legally free for adoption; (f) children recommended for or placed in sponsorship; (g) children placed in individual or group foster care; (h) children transferred to or received from another Committee; ( i ) children for whom follow up is to be done; (j) children placed in after care; (k) inspection record of the Committee; (l) record of Minutes of the meetings of the Committee; (m) correspondence received and sent; (n) any other record or register which the Committee may require. ( vi) wherever required, issue rehabilitation card in Form 14 to children in need of care and protection to monitor their progress

14. Organized CWC case management & record keeping Rule 19 (21 ) All orders passed by the Committee in respect of a child in need of care and protection shall also be uploaded on the designated portal with due regard to the confidentiality and privacy of the child. Rule 17 ( i ) document and maintain detailed case record along with a case summary of every case dealt by the Committee in Form 15; Rule (11 ) In all cases pending inquiry, the Committee shall notify the next date of appearance of the child not later than fifteen days of the previous date and also seek periodic status report from the social worker or Case Worker or Child Welfare Officer conducting investigation on each such date. ( 12) In all cases pending inquiry, the Committee shall direct the person or institution with whom the child is placed to take steps for rehabilitation of the child including education, vocational training, etc., from the date of first production of the child itself Rule 19(10) The Committee shall maintain proper records of the children produced before it including medical reports, social investigation report, any other report(s) and orders passed by the Committee in regard to the child.

15. Organized CWC case management & record keeping Categorize in the case number itself Rule 20(1) keeping clarity on different categories of CNCP R egular case reviews of old case files especially of children in long term care are very useful in finding missing elements and gaps in procedure . Check for stay orders which are expired and the caseworker has forgotten to renew them or children staying without CWC orders Give immediate written directions for matter to be placed on record , reason for delay and then condone period of illegal or unsanctioned stay and issue fresh orders Do six monthly reviews of long term stay children and direct regular home visits to check any betterment of circumstances for children with kith and kin.) so that efforts towards deinstitutionalization continue.

16. Rule 19 (5)The orders of the Committee shall be in writing and contain reasons.

17. Case Pendency : the most important aspect in monitoring Rule 20 (v ) send quarterly information in Form 16 about children in need of care and protection received by it to the District Magistrate with all relevant details on nature of disposal of cases, pending cases and reasons for such pendency; Rule 20(1)The CWC must maintain a case monitoring sheet of every case in Form 26 Paste it on top each file cover , update from time to time Time lines for inquiries Children of two years of age or below Within two months from the date of production before CWC Children above two years of age Within four months from the date of production before CWC.

18. Form No.16 [Rules 17(1)(v), 20(2)] QUARTERLY REPORT BY CHILD WELFARE COMMITTEE District: XYZ Quarterly Report for the period: From 01/01/2018 to 31/03/2018 Details of CWC S.No Number of cases at the beginning of Quarter Number of cases received during the Quarter Number of cases disposed of during Quarter Total Number of cases pending at the end of the quarter Reasons for Pendency 1. 29 77 62 44 Breakup of Pending cases Total Pending Cases of March 2018: 15 Total Pending Cases of February 2018: 11 Total Pending cases of January 2018: 03 Total Pending cases of December 2017: 02 Total Pending cases of November 2017: 02 Total Pending cases of September 2017: 01 Total:34 Cases Pending for more than 4 months : 10 Reason of pendency : POCSO - 08 (pending before court) Prospective Foster child - 01 (follow up with DCPU) Child legally free for Adoption-01 TOTAL PENDING CASES: 44 FINAL ORDER Total number of final orders passed during the quarter Released to parent/guardian /fit person/fit institution Transfer to other CWC Ordered to stay in CCI Repatriated to Foreign Country Declare d legally free for adoption Ordered for foster care / sponsorship/ Aftercare Recommend to JJB for filing FIR Initiate process for compensation to child .if eligible Discharge 59 03 47 - 04 ACH(Boys)-03 ACH (Girls)-Nil Sponsorship-Nil Nil Nil 08 Imp

19. CASE MONITORING SHEET Form 26 (Separate Sheet may be used in case there are more than one child) Child Welfare Committee, District……………… Case No. .............................of............................. Case Name: Police Station ................................................ U/S................................................................... Date......................................................... FIR/ GD/ DD No. ....................................... Name of Probation Officer............................... Name of IO ............................................ PARTICULARS OF CHILD Name Parents/ Guardian with Contact No. Present address Permanent address D D CHILD PRODUCED BEFORE THE COMMITTEE DATE AND TIME OF FIRST PRODUCTION DATE OF MEDICAL EXAMINATION UNDER SECTION 54 Cr.P.C . (if any) G DR Age on the Date of offence Date of age Determination Time taken for age determination Determination by Committee 10. Evidence Relied: Documents Medical PLACEMENT F CHILD In Children’s Home Sent under supervision (Name of Institution) From ............................................. PROGRESS OF ENQUIRY (Time schedule for disposal of the case to be fixed on the first day of hearing) Steps to be taken Scheduled Date Actual Date Age determination Dated…….. Social Investigation Report (Form No.22) Dated……… Submission of Report on Provisions of further investigation, if any Dated………. Statement of Child Dated………… Individual Care Plan (In case of child in institutional care Individual Care Plan should be prepared within one month of admittance Dated…………. Dispositional (Final) Order Dated……….. Post Dispositional Review Dated …………

20. Ensure the children’s right to participation Rule 17 (ii ) maintain a suggestion box or grievance redressal box at a prominent place in the premises of theCommittee to encourage inputs from children and adults alike which shall be operated by the District Magistrate or his nominee 17 (iii ) ensure smooth functioning of Children’s Committees in the Child Care Institutions for children in need of care and protection within its jurisdiction, for realizing children’s participation in the affairs and management of the said Child Care Institutions ; The committees should be age wise and should maintain records of meetings held. The CWC can kindle interest and active involvement by holding motivational sessions occasionally about the children’s rights to be informed and to be heard Children are represented in the management committee also so always include inspecting the minutes register during CCI visit. 17 (iv ) review the Children's Suggestion Book at least once a month; Rule 19 (5 ) The inquiry shall satisfy the basic principles of natural justice and shall ensure the informed participation of the child and the parent or guardian. The child shall be given an opportunity to be heard and his/her opinion shall be taken into consideration with due regard to age and level of maturity. ( 6) The Committee shall interview the child sensitively and in a child friendly manner and will not use adversarial or accusatory words or words that adversely impact the dignity or self-esteem of the child.

21. Orders passed regarding a child in need of care and protection . The Committee on being satisfied through the inquiry that the child before the Committee is a child in need of care and protection , after reaching the conclusion that the family of the child cannot be traced or even if traced, restoration of the child to the family is not in the best interest of the child; may after consideration of Social Investigation Report submitted by Child Welfare Officer and also taking into account the child’s wishes in case the child is sufficiently mature to take a view, pass one or more of the following orders, namely:— ( a ) declaration that a child is in need of care and protection; ( b) restoration of the child to parents or guardian or family with or without supervision of Child Welfare Officer or designated social worker; ( c) placement of the child in Children’s Home or fit facility or Specialised Adoption Agency for the purpose of adoption for long term or temporary care , ( keeping in mind the capacity of the institution for housing such children ),

22. Orders passed regarding a child in need of care and protection . (d) placement of the child with fit person for long term or temporary care; (e) foster care orders under section 44; (f) sponsorship orders under section 45; ( g) Give directions to persons or institutions or facilities in whose care the child is placed, regarding care, protection and rehabilitation of the child, including directions relating to immediate shelter and services such as medical attention, psychiatric and psychological support including need-based counselling , occupational therapy or behaviour modification therapy, skill training, legal aid, educational services, and other developmental activities, as required, as well as follow-up and coordination with the District Child Protection Unit or State Government and other agencies; (h) declaration that the child is legally free for adoption under section

23. Rule 19 (2 ) The Committee shall, prima facie determine the age of the child in order to ascertain its jurisdiction, pending further inquiry as per section 94 of the Act, if need be. ( 3) When a child is brought before the Committee, the Committee shall assign the case to a social worker / Case Worker/ Child Welfare Officer or to any recognised non-governmental organisation for conducting the social investigation under sub-section (2) of section 36 of the Act through an order in Form 21. ( 4) The Committee shall direct the person or organisation concerned to develop an individual care plan in Form 7 including a suitable rehabilitation plan. The individual care plan prepared for every child in the institutional care shall be developed with the ultimate aim of the child being rehabilitated and re-integrated based on the case history, circumstances and individual needs of the child. 8) The social investigation conducted by a social worker or Case Worker or Child Welfare Officer of the institution or any non-governmental organisation shall be as per Form 22 and must provide an assessment of the family situation of the child in detail, and explain in writing whether it will be in the best interest of the child to restore him to his family

24. (20) The individual care plan shall be monitored by means of a rehabilitation card in Form 14 issued for the purpose by the Committee passing the disposal order . It shall form part of the record of the Committee which follow up the implementation of the individual care plan. Such rehabilitation card shall be maintained by the Rehabilitation- cum -Placement Officer Note : There is usually no such officer but the CWC can ensure that the charge is given in writing either to the person in charge or to the Child Welfare Officer 19(4 ) The Committee shall direct the person or organization concerned to develop an individual care plan in Form 7 including a suitable rehabilitation plan. The individual care plan prepared for every child in the institutional care shall be developed with the ultimate aim of the child being rehabilitated and re-integrated based on the case history, circumstances and individual needs of the child.

25. What is a an Individual care plan? Rule 2(1)(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:- health and nutrition needs, including any special needs; emotional and psychological needs; educational and training needs; leisure, creativity and play; protection from all kinds of abuse, neglect and maltreatment; restoration and follow up; social mainstreaming; life skill training.

26. What is a an Individual care plan? A care plan specifies the inputs a child will require to develop socially, emotionally, physically, and intellectually in the context of the particular child based on a needs assessment by the caseworker through observation and interaction and the information in the social investigation report. The goal of a care plan is to ensure the child has safe and meaningful experiences that promote overall development and prepare the child for the outside world. Thus it is the foundation for rehabiltation ICPs should be as unique and as individual as each child The purpose of a care plan is to ensure that children in care who require extra support get that support in a systematic and reliable sequence /manner

27. Reviewing a care plan means asking questions and observing H ow has the child progressed? W hat is working? W hat is not working? How can it be changed/made better ? I s the child happy, seems constructively occupied , enthusiastic, hopeful? W hat do staff need? What are the resource gaps in the CCI? Does your inspection report list the gaps? Remember that caregivers/parents/kith /kin/peers are the best source of information about their child.

28. CWC Orders regarding orphaned /abandoned children to be as follows : An orphan or abandoned child received by a CCI, can be a SAA , shall be produced before the CWC within 24 hours (excluding the journey time) along with a report as per the format given in Form 17 of Juvenile Justice (Care and Protection of Children) Model Rules, 2016 ( ALSO INFORM THE POLICE SIMULTANEOUSLY ) The Child Welfare Committee, pending inquiry, shall issue an order in Form 18 of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016 for a short term placement or interim care of the child, as per the provisions of sub-section (c) of section 37 of the Act and the sub-rule 26 of rule 18 For tracing out the biological parents or the legal guardian(s), the Child Welfare Committee, after taking into account the risk factors, and in the best interest of the child, will direct the District Child Protection Unit to advertise the particulars and photograph of the child in a national newspaper with wide circulation within three working days from the time of receiving the child and also ensure entry of data in the designated portal in its missing or found column by the concerned Child Care Institution or Specialised Adoption Agency or DCPU Note In case where the child is from another State, the publication shall be done in the known place of origin of the child in the local language and such publications shall be facilitated by State Adoption Resource Agency concerned. Wherever District Child Protection Unit is not functional, the District Magistrate concerned shall get such advertisement issued.

29. CWC Orders regarding orphaned /abandoned children to be as follows: Note In case where the child is from another State, the publication shall be done in the known place of origin of the child in the local language and such publications shall be facilitated by State Adoption Resource Agency concerned. Wherever District Child Protection Unit is not functional, the District Magistrate concerned shall get such advertisement issued. In case the biological parents or legal guardian cannot be traced, despite the efforts the District Child Protection Unit shall submit a report to the Child Welfare Committee within thirty days from the date of production of the child before the Child Welfare Committee The Child Care Institution or Specialized Adoption Agency shall submit a report to the CWC , on completion of thirty days from the date of production of the child, and the report shall include any information revealed by the child during his short term placement and details of person(s) whosoever approached for claiming the child, if any . The police will issue a non traceability report within 2 months for child below 2 years and within 4 months for child below 4 years . In case the report from the local police regarding the non-traceability of the biological parents or legal guardian is not submitted as prescribed it will be deemed to have been given ( Adoption Regulations 6 (11)

30. CWC Orders regarding surrender 35. ( 1) A parent or guardian, who for physical, emotional and social factors beyond their control, wishes to surrender a child, shall produce the child before the Committee. (2) If, after prescribed process of inquiry and counselling , the Committee is satisfied, a surrender deed shall be executed by the parent or guardian, as the case may be, before the Committee . ( 3 ) The parents or guardian who surrendered the child, shall be given 60 days time to reconsider and in the intervening period the Committee shall either allow, after due inquiry, the child to be with the parents or guardian under supervision, or place the child in a SAA if below 6 years of age, or a children’s home if not. After the period of 60 days is over the child will be placed in the children's home children’s home or to a fit facility or person or foster family, till suitable means of rehabilitation are found for the child, as may be prescribed, or till the child attains the age of eighteen years. S 36 (3) and the CCI will bring the case for starting the process of declaring the child to be legally free for adoption. S 38(2)

31. CWC Orders regarding surrender (13) The Child Welfare Committee, after taking actions as per the provisions of the Act, rules made thereunder and these regulations shall issue an order signed by any three members of the Child Welfare Committee declaring the abandoned or orphan child as legally free for adoption in the format at Schedule I within a period of two or four months, from the date of production of the child before the Child Welfare Committee, in case of a child upto two or above two years of age respectively. (18) The procedure for declaring a child of parents with mental disability as legally free for adoption by the CWC shall be done on the basis of a certificate reflecting mental disability of the parents from the medical board constituted by the Central Government or the State Government, as the case may be, as per guidelines for mental illness issued by the Government of India in the Ministry of Social Justice and Empowerment. (19) In case of siblings or twins, the Child Welfare Committee shall specify the status of the children as siblings or twins and declare the children as legally free in a single order. Consent of older children ( 10 years and above to be taken for adoption )

32. CWC Orders regarding surrender S .35 . (1) A parent or guardian, who for physical, emotional and social factors beyond their control, wishes to surrender a child, shall produce the child before the Committee. (2) If, after prescribed process of inquiry and counselling , the Committee is satisfied, a surrender deed shall be executed by the parent or guardian, as the case may be, before the Committee . A parent or guardian wishing to surrender a child under subsection (1) of section 35 of the Act, shall apply to the Child Welfare Committee in Form 23 The Deed of Surrender shall be executed as per Schedule V . of Adoption Regulations 2017 ( 7) In case of a child born out of wedlock, only the mother can surrender the child and if the mother is a minor, the Deed of Surrender shall be signed by an accompanying adult as the witness9 can be the DCPO or caseworker. For parents or guardians who are unable to give an application, due to illiteracy or any other reason, the CWC shall facilitate the same through the legal aid counsel provided by the Legal Services Authority

33. CWC Orders regarding surrender If the surrendering parent is an unmarried mother, the Deed of Surrender may be executed in the presence of preferably any single female member of the Child Welfare Committee If a child born to a married couple is to be surrendered by one biological parent and the whereabouts of the other parent are not known, the child shall be treated as abandoned child and further procedures in accordance with Adoption regulation 6 shall be followed . ( 9) The SAA and the Child Welfare Committee shall ensure that a copy of the Deed of Surrender is given to the surrendering parents or person and explaining that the process of surrender is irrevocable (8) If the surrender is by a person other than the biological parents who is not appointed as a guardian by a court of law, the child shall be treated as abandoned child and further procedures in accordance with Adoption regulation 6 shall be followed.

34. CWC Orders regarding surrender deed 36. ( 1) On production of a child or receipt of a report under section 31, the Committee shall hold an inquiry in such manner as may be prescribed and the Committee, on its own or on the report from any person or agency as specified in sub-section ( 2) of section 31, may pass an order to send the child to the children’s home or a fit facility or fit person, and for speedy social investigation by a social worker or Child Welfare Officer Provided that all children below six years of age, who are orphan, surrendered or appear to be abandoned shall be placed in a Specialised Adoption Agency, where available (10) The details of the child along with his photograph shall be entered online in the Child Adoption Resource Information and Guidance System by the Specialised Adoption Agency within three working days from the time of receiving the child. (11) To discourage surrender by biological parents, efforts shall be made by the SAA or the CWC for exploring the possibility of parents retaining the child, which shall include counselling or linking them to the counselling center set up at the Authority or State Adoption Resource Agency, encouraging them to retain the child

35. 35 ( 14) No public notice or advertisement shall be issued in the case of a surrendered child. The Child Welfare Committee shall issue an order signed by at least three members declaring the surrendered child as legally free for adoption after the expiry of sixty days from the date of surrender, in the format at Schedule of Adoption Regulations Strict confidentiality shall be maintained in cases of all documents pertaining to biological parents in all circumstances unless the surrendering parents have expressed their willingness for divulging the same . (22) The surrender of a child before Child Welfare Committee shall be in camera. (23) The surrender of child or children by the biological parents for adoption by the step-parent shall be before the Child Welfare Committee, for adoption, on the ground of emotional and social factors as envisaged under subsection (1) of section 35 of the Act, in the format given at Schedule XXI.

36. Challenges in providing Non Institutional Care Foster Care: still a very nascent area mostly everywhere. Need more public awareness , promotion of the idea of being foster parents. Support Groups to tackle problems the foster parents and foster children commonly face during adjustment. Group Foster Care options not being explored enough After Care for Boys & Girls ( separate homes) – inadequate facilities for job readiness and self reliance preparation. Institutional Care last resort Legal Support in the form of a part time lawyer from SLSA is a need and we saw an excellent example of this in Delhi where DSLSA has appointed a full time lawyer who vets all case proceedings. (Section 30 /xvii)

37. Procedure for CL cases in CWC Child to be produced within 24 hours9u/s 31 of JJ Act. The first interaction report by rescuing agency is seen by the CWC and statement of child taken. Rescuing agency in Chandigarh are DCPU, Childline and WCHL. They usually complete the medical test and DDR of the child before producing the case. Child is declared to be a child in need of care and protection u/s 2 (14) and given shelter in CCI if so required for short term or long term. Order for Social Investigation is given u/s 36.Further directions for child given when inquiry is completed. case history of child taken by Child Welfare Officer and directions given by CWC regarding the care , protection and rehabilitation of the child If age proof is available and child is below 14, CWC directs the police to register an FIR u/s79 of JJ Act . The same direction is given for adolescent found in domestic labour as per Schedule Part A(14 &15)of hazardous occupations .

38. In Chandigarh the CWC is not adjudicating child labour cases with regard to wages of the child as that is left in the purview of the labour court. However NCPCR has now laid down Standard Operating Procedures that CWC will give direction to Labour Department for ascertaining the back wages of the rescued child along with a copy of the child’s statement to the District Magistrate who presides over the Task Force u/r 17 C of CL( p&r )Amendment Rules 2017.

39. THE SCHEDULE List of Occupations & Processes prohibited under the Act. Part A Occupations (Non Industrial Activity) Any occupation concerned with: - 1. Transport of passengers, goods or mails by railways; 2. Cinder picking, clearing of an ash pit or building operation in the railway premises; 3. Work in a catering establishment at a railway station, involving the movement of a vendor or any other employee of the establishment from the one platform to another or in to or out of a moving train; 4. Work relating to the construction of a railway station or with any other work where such work is done in close proximity to or between the railway lines; 5. A port authority within the limits of any port; 6. Work relating to selling of crackers and fireworks in shops with temporary licenses; 7. Abattoirs/Slaughter House; 8. Automobile workshops and garages; 9. Foundries; 10. Handling of toxic or inflammable substances or explosives; 11. Handloom and power loom industry; 12. Mines (underground and under water) and collieries; 13. Plastic units and fiber glass workshops; 14. Domestic workers or servants; 15. Dhabas (roadside eateries), restaurants, hotels, motels, tea shops, resorts, spas or other recreational centers; and 16. Diving. 17. Caring of elephant. 18. Working in the circus.

40. SUPPORT PERSON Helpsheet as per POCSO guidelines FAMILY CONTACT Meeting with family and guiding them in all aspects of the judicial process. Building rapport with the child and assessing child’s needs and well being, providing counselling , being on call for any emergent need. POLICE Meeting Investigating Officer; finding out status of case , bringing back report to CWC. ANY ADDED INFORMATION TO BE INFORMED UNDER MANDATORY REPORTING INTER-AGENCY COORDINATION STATE LEGAL SERVICES AUTHORITY , requirement of free legal aid, applications for compensation any other services. , SPECIAL COURT Meeting with Public Prosecutor, accompanying child during court dates. Being present inside court during hearing. Prepare and submit a Child Protection Plan to avoid any further abuse of the child. Maintain complete confidentiality in cases of the assigned child. Attend the court proceedings as and when required and submit a report in this regard to Child Welfare Committee. Will share information with the concerned authorities in case of additional information relating to the case if disclosed by the child. Prepare and submit all reports/documents as required for the proper care of the child Visit the home / police station of the child to collect data. Act a main coordinating person between the Child, Police, lawyers, courts and all other support agencies. The support person, who is not an official of children Home or DCPU, will be paid remuneration as fixed by state government.

41. 41 Foster Care (Section 44 & Rule 23) including Group Foster Care The children in need of care and protection may be placed in foster care, including group foster care for their care and protection through orders of the CWC, in a family which does not include the child’s biological or adoptive parents or in an unrelated family recognized as suitable for the purpose by the State Government, for a short or extended period of time.{Section 44 (1). All efforts shall be made to keep siblings together unless it is in their best interest not to be kept together. {Section 44 (3)}. 3. The Foster Family shall be responsible for providing education, health and nutrition to the child and shall ensure the overall well being of the child in such manner, as may be prescribed. {Section 44 (6)} 4. No child regarded as adoptable by the CWC shall be given for long term foster care. {Section 44 (9)} The Foster Care can be both short term and long term. • Short term (not more than 1 year) or long term (for more than 1 year & can be extended until the child attains 18 years). • Foster families shall be responsible for education, health, nutrition and wellbeing of the child. • If child is regarded as adoptable, foster care will be a short term option. • State Government to provide monthly funding through DCPU to foster family. • Children of 6 years and above may be put in Foster Care; and below six years shall be placed in adoption. • After the child remains in foster care for 5 years the foster family can apply for adoption and will be given preference.

42. 42 Sponsorship ( Section 45(4) Rule 24: ( i ) Individual to individual Sponsorship; (ii) Group or Community Sponsorship; iii) parents are victims of life threatening disease; (iii) Parents have life threatening disease (iv) parents are incapacitated due to accident and unable to take care of children both financially and physically. The duration of the sponsorship shall not ordinarily exceed 3 years {(Rule 24(7)}. DCPU, in case of individual sponsorship, shall open an account in the name of the child to be operated preferably by the mother. The money shall be transferred directly from the bank account of the DCPU to the bank account of the child {Rule 24 (6)}. (iii) Support to Family; (iv) Support to Children’s Home and Special Homes; to meet medical, nutritional, educational and other needs of the children, with a view to improving the quality of life. DCPU is the nodal authority for implementing Foster Care in district {Rule 24 (2)}; JJB or CWC or Children’s Court may suo motu , or on an application received on that behalf, consider the placement of a child under Sponsorship {Rule 24 (5)}. DCPU, in case of individual sponsorship, shall open an account in the name of the child to be operated preferably by the mother. The money shall be transferred directly from the bank account of the DCPU to the bank account of the child {Rule 24 (6)}.N Fit Person (Section 52 and Rule 28) JJB or the CWC shall, after due verification of credentials, recognize any person fit to temporarily receive a child for care, protection and treatment of such child for a specified period. Child can be placed with a Fit Person for maximum 30 days.

43. 43 Aftercare (Section 46 & Rule 25) provides Any child leaving a child care institution on completion of 18 years of age may be provided with financial support in order to facilitate his reintegration into the society (Section 46). • Aftercare to a child may be provided in after care home or premises up to 21 years of age, extendable to 2 more years under exceptional circumstances. {Rule 25 (2)} • Aftercare support examples are – stipend for vocational training, scholarship for education, skill training and placement, arrangement of loans for education; or entrepreneurial activities, community group housing.{Rule 25 (7)(ii) & (iii)} • Assistance can be transferred to bank account of the child. {Rule 25 (6)}

44. Challenges Quality of CWC-DWCD coordination: Mutual and smooth coordination between the State, mainly represented through the DWCD at the local, district and state level and the CWCs is essential for optimal functioning of the State’s child protection system. While informal interactions between CWCs and DWCDs are common, there appears to be a lack of formal recorded meetings where specific agendas or concerns are discussed. DWCD support and cooperation with regard to CWC orders and requests are therefore crucial. However, the various State studies reveal that this basic and essential support is often not provided .( NALSA & NCPCR ) The DWCD officials are at times non-cooperative, while at other times, they are negligent of the needs of the CWCs Poor case recording is one of the biggest hurdles in the country’s child protection system, presenting a chaotic and fragmented understanding of the system’s functioning Short orientation trainings therefore only serve as a very basic introduction into this highly nuanced system. Periodic ongoing trainings for updating procedural skills, case management strategies, legal and Government scheme updates are found to be extremely rare across State studies. State Government has to provide for training and orientation in child psychology, child welfare, child rights, national and international standards for juvenile justice to all members of the CWC as it considers necessary. It is noted that on an average, most CWCs have been provided with one-three day orientation trainings so most work with threshold competence

45. Challenges Children with special needs There is a severe lack of residential or non-residential services and facilities for children with special needs. These include for example, children who are physically challenged, mentally challenged, HIV affected, addicted to drugs etc. As a result, most children are sent back to their families without being provided any help. This is a severe failure of the country’s child protection system All CWC ‘s must write and advocate to all forums that this is a crying need Children who do stay in CCIs also lack various therapies and treatments like regular physio therapy , speech trainings, assistive devices and so on

46. 46 If the CWC is to be active and effective, it is imperative that more and more people know about its existence, its powers and responsibilities and the names and contact details of its members so that they can be directly approached. While the most common way adopted is to place such details on the internet, as is the practice in several states or in the premises where the CWC sits, the DCPU needs to find more effective ways of advertising this. For example: flex banner and wall writings in prominent places such as schools, panchayat buildings, health centres, block/ tehsil / taluka offices, anganwadi centres, police stations etc. public announcements at meetings of gram sabhas and other local bodies exposure visits for children to CWC regular multi-stake holder meetings announcements on local channels of radio and TV advertisements in local papers

47. Monitoring Under Section 55, the Central and State Government may conduct independent evaluation of the functioning of the Juvenile Justice Board, Child Welfare Committee, Special Juvenile Police Unit, registered institutions, fit facilities and fit persons through such persons or institutions as may be prescribed by the government. The National Commission for Protection of Child Rights as well as State Commission for Protection of Child Rights are mandated to monitor the implementation of the provisions of the JJ Act, 2015 in such manner, as may be prescribed (Section 109

48. 48 The DC shall be the grievances redressal authority for the CWC. Anyone connected with the child may file a petition before the DM, who shall consider and pass appropriate orders( S.27). The DC must consider the grievances received through the suggestion box or grievance redressal box that the CWC has to maintain at a prominent place in the premises of the Committee. This is to encourage inputs from children and adults alike and shall be operated by the DM or his nominee (Rule 17 ii). Appraise the performance of the Chairperson and the members of the Committee on the basis of their participation in the proceedings of the Committee and submit a report to the SelectionCommittee constituted under rule 87 of these rules. (Rule 20 (3) On the basis of this quarterly reports DM can direct CWC to take necessary remedial measures so that the issue of pendency can be addressed. Importance of speedy disposal of the cases is highlighted by the fact that it is further provided that if the pendency of cases continues to be unaddressed by the Committee even after three months of receiving such directions, the State Government shall terminate the said Committee and shall constitute a new Committee .

49. Sponsor ship – very good alternative to institutional care but presently income criteria very low. Must be raised . many single mothers /widows genuine cases of indigent circumstances and children Very valuable provision of JJ Fund (Rule 83/1/2/3/4/5/) not being fulfilled or underutilized Can help meet many mandated entitlements towards betterment of children and standards of care

50. Provision of After Care in Act of 2015 In Rules 2016 of J.J. Act Rule 84 (v) – SCPS Rule 79(5) when a child attains 18 years , he may be placed , if eligible in an after care program, subject to the consent of the child and the approval of the Board/Committee/ Children’s Court. Rule 85(x) DCPU role After care FACILITATION is part of DCPU duties as non institutional programs Proves one of the challenges we face – that CNCP children do not get the same attention from the police as do CCL children

51. Problems related to Institutional Care Standards of Care& Infrastructure Educational& Co Curricular Provision Vocational Provision After Care Staffing

52. The agency running Children’s Homes should have very clear written policies regarding roles and assigned duties for all staff dealing with children. CWC finds lot of verbal orders followed with no one taking responsibility later . It translates very largely in children’s daily life. Clear guidelines required especially staff involved in accounts, purchase and disbursal . Children’s Homes , Observation Home , After Care for Boys and Girls presently have no separate accounts or books maintained . Staff paid under ICPS when mixed with other duties in other offices leads to inefficiencies in care of children . In case of death of child CWC is to be sent an inquest report . Challenges in CCI provisioning & management From the NCPCR study : ( i ) Even though the length of Act has increased with many legal provisions but no details on the budgetary allocations for implementing these provisions. (ii) Appointment procedures, staff qualifications, salary scale do not reflect that best suitable persons are roped in for this onerous task of looking after the children. (iii) Muddled information into the training procedures, duration and the staff who needs to take it. The minimum standards of care and prescribed rules for children not being followed barring a few areas. Positions of staff some filled after 3 years not being given required training Rules 35 (Mental Health)Rule 36 (Education)Rule 37 (vocational ) 38 (Recreation

53. Varied psycho social applications and approach using games, individual and group therapy Better Counseling methodologies to improve positive behavioral inputs in children with particular adversities and trauma ICP training by CWC of Snehalaya CWOs & Counselors make it more comprehensive with larger number of child well being and developmental indicators to give better assessment of child’s needs & deficits as well as progress made . An ICP is most important It spells out the child’s framework of care and states a plan to address all developmental needs ,social emotional integration ,learning needs, and the services the home will provide. QPRs then report progress along the Care plan ‘s stated direction. A periodical review of institutionalized children’s care plans are rarely undertaken or supervised. (NCPCR 2013 ) have How to make a Good ICP

54. DOCUMENTATION PRACTICES OF CWCS Quarterly reports for District/ State records Case recording and reporting formats Case records A periodical review of institutionalized children’s care plans are rarely undertaken or supervised. (NCPCR 2013) Follow-up post restoration is extremely poor in most States due to lack of adequate number of welfare officers .(NCPCR 2013) SOLUTIONS

55. THE SCHEDULE List of Occupations & Processes prohibited under the Act. Part A Occupations (Non Industrial Activity) Any occupation concerned with: - 1. Transport of passengers, goods or mails by railways; 2. Cinder picking, clearing of an ash pit or building operation in the railway premises; 3. Work in a catering establishment at a railway station, involving the movement of a vendor or any other employee of the establishment from the one platform to another or in to or out of a moving train; 4. Work relating to the construction of a railway station or with any other work where such work is done in close proximity to or between the railway lines; 5. A port authority within the limits of any port; 6. Work relating to selling of crackers and fireworks in shops with temporary licenses; 7. Abattoirs/Slaughter House; 8. Automobile workshops and garages; 9. Foundries; 10. Handling of toxic or inflammable substances or explosives; 11. Handloom and power loom industry; 12. Mines (underground and under water) and collieries; 13. Plastic units and fiber glass workshops; 14. Domestic workers or servants; 15. Dhabas (roadside eateries), restaurants, hotels, motels, tea shops, resorts, spas or other recreational centers; and 16. Diving. 17. Caring of elephant. 18. Working in the circus.

56. 56 Short Term Care Fit Facility (Section 51 & Rule 27) JJB or the CWC shall recognize a facility being run by a Government organization or a voluntary or non-governmental organization registered under any law for the time being in force to be fit to temporarily take the responsibility of a child for a specific purpose after due inquiry regarding the suitability of the facility and the organization to take care of the child. {Section 51) The Fit Facility shall provide- • Medical care treatment and specialized treatment. • Psychiatric and mental health care. • De-addiction and rehabilitation. • Education, vocational training and skill development. • Witness protection.

57. Procedure for CL cases in CWC Child to be produced within 24 hours9u/s 31 of JJ Act. The first interaction report by rescuing agency is seen by the CWC and statement of child taken. Rescuing agency in Chandigarh are DCPU, Childline and WCHL. They usually complete the medical test and DDR of the child before producing the case. Child is declared to be a child in need of care and protection u/s 2 (14) and given shelter in CCI if so required for short term or long term. Order for Social Investigation is given u/s 36.Further directions for child given when inquiry is completed. case history of child taken by Child Welfare Officer and directions given by CWC regarding the care , protection and rehabilitation of the child If age proof is available and child is below 14, CWC directs the police to register an FIR u/s79 of JJ Act . The same direction is given for adolescent found in domestic labour as per Schedule Part A(14 &15)of hazardous occupations .

58. Suggestions for Effective Implementation Setting up of Task Force Task Force meeting per month for convergence Raids of Task Force per month Child Labor Monitoring Cell Aadhar Linked Profiling of Victim’s Family Convergent supportive schemes to family to alleviate poverty- widow pension/ loans /registration of construction workers Education Department – Out of School Children Register – for potential child labour Child and Adolescent Rehabilitation Fund constituted under sub-section (1) of section 14B of the Act; Profiling of Middlemen/ Agents/ Modus Operandi/ Sources/Destinations / Transit Routes / Capacity Building : To Equip enforcement staff with adequate Knowledge & Skills developing statistical visibility- mapping /surveys/ Awareness Campaign -Advertisements postcards , Radio, advertisement boards, State level Sticker and Poster campaigns,, Signature campaign, Cinema slides, Rallies, Folk cultural programS Plays , Hand bills, Hoardings at main Bus stands and Railway stations etc.

59. Amendments to Central Act: Prohibition of all forms of child labour and adolescent labour in hazardous work Increased punishments for violation of Act Rehabilitation mechanisms District Task Force in every district for convergence •Child and Adolescent Labour Rehabilitation Fund •PENCIL portal

60. Inquiry about the Children Produced to CWC As per the provision provided under Section 36(1) of the JJ Act, 2015, CWC upon production of a child shall hold an inquiry on the situation of the child. The Committee is to make preliminary inquiry from the child and/or from the individual/agency/organization/stakeholders producing the child regarding the place and the circumstances under which the child was found/ contacted, and the whereabouts of the family. In Case the Child is Alone in the Street Situation 1. In case of the child living alone, the Committee on being satisfied through the inquiry that the child before the Committee is a CNCP, may, on consideration of social investigation report (SIR),exercise its discretion for the restoration of the child to parents or guardian under Section 37(1 and 1[b]), Section 39(1) and Section 40(3), Section 37 (1.h) of the JJ Act, 2015. Page 13 of 64 2. Through the inquiry, if it is found that the child is living alone and through SIR, it has been established that the child could not be restored with the family or could not also be declared free for adoption, the child may be provided long-term institutional care till the completion of 18 years and after that, financial support (as per Section 46 of JJ Act, 2015) may be provided till the age of 21 years in order to facilitate the child’s reintegration into the mainstream of society In Case the Child is Living with his Family in the Street Situation 1. If the child is found to be living with his family on the street and it is a migrant family which has come to the city due to lack of means for subsistence, adopting the livelihood option of doing odd jobs, begging or selling products on the streets, or even does some other work involving children or not, but attracts the provisions provided under JJ Act, 2015 mentioned above, the DCPU may visit the family and prepare the SIR to present the family situation. It is also important that the family is counselled by DCPU/CWO/social worker/NGO/community-based organization (CBO) representative to explain to them the various reasons why the child should not be on the streets. If the family doesn’t find any possible means of being in the city except on the street and they want to go back to their native place, considering the safety of the child and dignity of the family, all possible steps may be taken to rehabilitate the family to their native place. Therefore, keeping in mind the best interests of the child, CWC may consider writing to the CWC of the concerned district the family belongs to, or to the District Magistrate, to provide sponsorship for the child - if the child is eligible for sponsorship under Section 45 of the JJ Act and ensure basic facility and appropriate benefits under various schemes of the Government (both Central and State Government as listed in Section 9 – Table – 12-A & 12-B) are provided to the family so that the family does not put their children at risk. For successful rehabilitation, the following steps may also be ensured: ( i ) at the native place, the Village Level Child Protection Committee (VLCPC),with the panchayat , should also help the family to access the benefits under the Government schemes; (ii) VLCPC/school management committee (SMC)/local body should ensure that the child is enrolled in Anganwadi or school; and (iii) CWC may assign or request a local NGO/CBO for further support to the child, as per need, and to carry out family strengthening programme (the details of scheme are provided in Annexure). 2. However, on the basis of SIR, if it has been established that the family is unable to go back to their native home due to certain reasons, or is unable to go back to their native home for the time being, the CWC shall recommend for the child is to be enrolled at the Anganwadi Centre or in a school, as well as provide open shelter facility available in the area. 3. The CWC shall also recommend that the family may be provided night shelter or “Rain Basera ” in the area by the urban local body (ULB) or district administration as per the administrative jurisdiction. 4.If it is found that the child is living on the street and begging with his parents or parents do any other odd jobs and cause their child to beg on street, the CWC shall order CWO/DCPU for counselling of the family and conducting social investigation. In case CWC views that the family is unduly (without any circumstances which are beyond their control) engaging their child for begging or cause for begging with criminal or professional intent, legal action may be initiated against such parents as per provisions provided under Section 76,“Employment of child for begging” (JJ Act, 2015).

61. Converging and networking with other stakeholders to bring improved support systems for children in Care Quality of CWC coordination with State Government With Police/AHTU/ Women&Child Support Unit With agency running Children’s Homes With District Child Protection Unit With State Child Protection Commission With State Child Protection Unit Section 29(1)…for the care, protection, treatment, development and rehabilitation of children in need of care and protection, as well as to provide for their basic needs and protection. Networking with core child protection stakeholders CWC-NGO networking SOLUTIONS

62. Effective Functioning of the CWC The things You can Do The things you cannot Do The preparedness & skills you need to be effective Focus on the process Prioritise most at risk cases Be victim centered Have a few exceptional projects Let your work speak for you

63. 63 Monitoring and modifying of ICP (After 3 months) The progress of the child shall be examined, with specific reference to the aims and targets noted in the individual care plan for the child. The progress of the child shall be reviewed and noted in the rehabilitation card in Form 14. (2) The quarterly progress report shall be placed before the Management Committee for perusal and consideration. (3) After deliberation by the Management Committee, the individual care plan shall be appropriately modified. The routine of the child and the approach towards rehabilitation of the child shall also be suitably modified. Record of such modified care plan and daily routine shall be maintained in the case file of the child. The progress shall be reviewed and recorded in the rehabilitation card in Form 14.

64. 64 Who will review the Individual Care Plan? Fortnightly review (For first 3 months) As per Rule 69 (I)(5) the concerned Child Welfare Officer / Case Worker shall review the individual care plan every fortnight during the initial three months and thereafter, every month. A report of its effectiveness or inadequacy shall be prepared with reasons for such opinion. Monthly review: After completion of initial three months, the concerned Child Welfare Officer / Case Worker shall review the individual care plan every month. A report of its effectiveness or inadequacy shall be prepared with reasons for such opinion. Quarterly review As per Rule 39, Every Child Care Institution shall have a Management Committee for the management of the institution and monitoring the progress of every child. The Management Committee shall meet at least once every month. The Management Committee under Clause (iv) of Sub Rule (4) of Rule 39, shall quarterly review the individual care plans of the children. You can set monthly dates to check progress of child and check management committee remarks /handling of ICP. CWC rep is a member of Management Committee

65. 65 ( 2) The Child Welfare Officer or Case Worker shall review the individual care plan and note his opinion in the rehabilitation card in Form 14 on the basis of his own observations, interaction with the child and his teachers or instructors and the feedback received from the house father or house mother. (3) The Child Welfare Officer or Case Worker shall also maintain a record of any difficulty faced by the child during his stay at the Child Care Institution with a note of the steps taken to resolve the difficulty. (4) The Child Welfare Officer or Case Worker shall similarly keep a record of the complaints made by the child with regard to the facilities inthe Child Care Institution with a note of the steps taken thereon. (5) The individual care plan shall be reviewed every fortnight during the initial three months and thereafter, every month. A report of its effectiveness or inadequacy shall be prepared with reasons for such opinion.

66. 66 For Child Welfare Committee During Final Disposal As per Sub Rule (17) of Rule 19 dealing with Procedure for inquiry states that, “At the time of final disposal of the case, the Committee shall incorporate in the order of disposal, an individual care plan in Form 7 of such child prepared by the social worker or Case Worker or Child Welfare Officer of the institution or any non-governmental organisation ,.” During Foster Care Placement Sub Rule (5) of Rule 23 The Committee shall take into consideration the individual care plan and the opinion of the child before deciding the nature of foster care with due regard to his age and maturity. The child shall be informed and prepared throughout the process . During Restoration and follow up: 82(3) states that The order of restoration shall include an individual care plan prepared by the Probation Officer or the social worker or the Child Welfare Officer or Case Worker or non-governmental organisation . 82(9) states that A follow-up plan shall be prepared as part of the individual care plan by the Probation Officer or the Child Welfare Officer or the Case Worker or the social worker or the non-governmental organisation .

67. The Right to Participation- how to infuse

68. 68 By Juvenile Justice Board: As per Rule 7(1)(ii) wherever required issue rehabilitation card in Form 14 to the child in conflict with law to monitor the progress made by the child; By Children’s Court Rule 85(iii) states that District Child Protection Unit, shall conduct follow up of the individual care plan prepared on the direction of the Children’s Court for children in the age group of sixteen to eighteen years found to be in conflict with law for committing heinous offence; Where shall the Individual care Plan be kept? Rule 73 that deals with Maintenance of case file states that, the case file of each child maintained i n the Child Care Institution in safe custody shall be confidential. The Individual care Plan shall be a part of such case file. Miscellaneous Sub Rule (4) of Rule 36, dealing with Education states that, “ Specialised trainers and experts shall be appointed to cater to the educational needs of children with special needs either physical or mental. Learning disorders shall be identified, assessed and reported in the Individual Care Plan. Further assistance shall be given to the child by trained professionals”.

69. 1. In case the child in street situation is found to be picking waste, working in a roadside tea stall/fruit cart, selling newspapers, balloons, pens, pencils, etc., are acts of child labour . It may be noted that as per the W.P.(CRL) No. 2069/2005 filed by Save the Childhood Foundation, the Hon’ble High Court of Delhi, in its judgment dated 5 November 2014, has mentioned that “all enforcement agencies should understand Child Labour as meaning the system of employing or engaging a child to provide labour or service to any person, for any payment or benefit, paid to the child or to any other person exercising control over the said child”. According to this definition, person who is buying the scraps/whatever collection from the child or engaging children in such activities mentioned is to be booked under the contravention of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 and provisions under Child Labour (Prohibition and Regulation) Amendment Rules, 2017 as well as Section 79 of the JJ Act, 2015 . Page 15 of 64 2.If the person receiving the scraps/whatever collection from the child or who has engaged children and is giving narcotic substance instead of money or along with the money, action may be initiated under Section 77 of the JJ Act, 2015 that states: “Whoever gives, or causes to be given, to any child any intoxicating liquor or any narcotic drug or tobacco products or psychotropic substance, shall be punishable with rigorous imprisonment for a term which may extend to seven years and shall also be liable to a fine which may extend up to one lakh rupees .”

70. When a child in street situation is also a substance abuser and is produced before the CWC, the CWC shall immediately send the child to a fit facility identified for care, detoxification, treatment and rehabilitation of such children. Girl substance abusers should be sent to “fit facility” exclusively for girls. The CWC should direct the DCPU and district administration to create such facility for drugs de-addiction in an appropriate institution or in an appropriate manner. In case there is unavailability of such institution or any appropriate facility of the Government, it shall be the responsibility of the District Magistrate to refer the child to the other district or to a private institution, in which case the District Magistrate would arrange the required resources.