Tuesday, 23 August 2016

CWC is the competent authority in dealing with the cases of CNCP


From: P Sruzan<suzankumarap@gmail.com
Date: Thu, Aug 21, 2016 at 11:53 AM
Subject: 
CWC is the competent authority in dealing with the cases of CNCP

To: help.org <
helpap@gmail.com>  

Some NGOs who are working with children are taking own decision regarding the Care & Protection of children. Without approaching/Producing before CWC. In which way is it correct and how can CWC could be react in this regard?
Dear Madam,
We are thankful to you for your query and here below are the legislatory provisions according to JJ Act, 2000 that defines the necessity of approaching CWC in the matters of Children in need of Care and Protection Services.

CWC is the competent authority in dealing with the cases of CNCP
As per Sec 29 (1) of Juvenile Justice (Care & Protection of Children) Act, 2000 it is prescribed that, the state Government may by notification in Official Gazette, constitute Child Welfare Committee for every district or group of districts, specified in the notification for exercising the powers and discharge the duties conferred on such Committees in relation to child in need of care and protection under this Act.
Further under Sec 31 of JJ Act, 2000 the Powers of Committee have been described that, as per sub sec (1) The Committee shall have the final authority to dispose of cases for the care, protection, treatment, development and rehabilitation of the children as well as to provide for their basic needs and protection of human right and Sub Sec (2) Where a Committee has been constituted for any area, such Committee shall, notwithstanding anything contained in any other law for the time being in force but save as otherwise expressly provided in this Act, have the power to deal exclusively with all proceedings under this Act relating to children in need of care and protection.
In addition to the above, under Sec 32 of JJ Act, 2000 it is specified that, (1) any child in need of care and protection may be produced before the Child Welfare Committee.
By keeping in view of all above provisions of the Juvenile Justice (Care & Protection of Children) Act, 2000 any NGOs or public spirited citizen, law enforcement authority or anybody shall produce/approach Child Welfare Committee in the matters as such related to children in need of care and protection services.

With best regards,
HELP -ONGOLE

Monday, 22 August 2016

Support Services by Govt. for Disabled Children.

From: help.org [mail from:icpsvsp@gmail.com]
Sent: 12 August 2016 10:39 AM
To: Program Officer - HELP
Subject: Support Services by Govt. for Disabled Children.

Respected Sir,

Thank you so much for previous information through your Blog. This time also we need information about support services from the government for the children those who are disabled.

Sincerely yours,

Ch. Satyanarayana,
Dist. Child Protection Officer,
DCPU, Visakhapatnam Dist.  

Dear Satyanarayana,

Thank you for the query, please find below details as per your need.

        The following schemes are being implementing for the Empowerment of Persons with Disabilities in the District.


A.         SCHOLARSHIP SUPPORT SCHEMES:

1.    PRE-MATRIC SCHOLARSHIPS :

The Disabled students studying class I to X and whose parents / guardians income is less than Rs. 1,00,000/- per annum are eligible for getting scholarships and other allowance at the following rates.  This scheme is being implemented since 1981.


Class
Enhance-
ment of Scholar-
ship per month
Other Allowances
Transport Allowance per month
(for O.H. only)
Maintenance of Prosthetic / Orthopedic aids per month
(for O.H. only)
Readers Allowance  per month
(for V.H. only)
1
2
3
4
5

Rs.
Rs.
Rs.
Rs.
I to V
70/-
50/-
25/-
25/-
VI to VIII
100/-
50/-
25/-
25/-
IX & X
182/-
50/-
25/-
50/-
2.    POST-MATRIC SCHOLARSHIPS :

          The Disabled students studying class Intermediate and above and whose parents / guardians income is less than Rs. 1,00,000/- per annum are eligible for getting scholarships through online at the following rates.  This scheme is being implemented from the year 2008-09.

Group
Hosteller (Attached Hostel)
Students Managed Hostel
Day Scholars
I (Professional courses)
962
442
429
II (PG level)
682
442
429
III (Degree level)
520
325
240
IV (Intermediate level)
520
325
182

3. REIMBUSEMENT OF TUITION FEE TO PROFESSIONAL COURSES STUDENTS:

As per the Govt. orders the OC Disabled students studying Intermediate and above classes are getting tuition fee reimbursement through online from the year 2008-09.

4. SCHOLARSHIPS TO THE MENTALLY RETARDED STUDENTS:
          The Mentally Retarded Students studying in the Specialized Institutions and whose parents / guardians annual income not exceeding Rs.1,00,000/-  are being sanctioned Rs.1000/- per annum.

5. SUPPLY OF NOTE BOOKS TO HOSTEL INMATES:
          The students studying in Govt. Disabled Hostels in Visakhapatnam district are being provided Note Books.

B.         ECONOMIC REHABILITAION SCHEME:

Under this scheme the disabled persons whose parents/guardians income is less than Rs.11,000/- per annum are sanctioned an amount not exceeding Rs.3,000/- per candidate to enable them to make a living.  This amount is sanctioned either as free grant or as 30% subsidy of total outlay of the scheme with bank loan to the extent of 70% if the total outlay, or if margin money is available, with 20% margin money whereby the bank loan would be reduced to 50% of the outlay. 

2.  PETROL/DIESEL SUBSIDY:
            Disabled persons owners of motorized vehicles and having income Up to Rs.24,000/- per annum are sanctioned 50% subsidy on actual expenditure on purchase of petrol/diesel  only for the use of vehicle from the residence to the place of duty and back and to the places where day to day activities of the person make it necessary for him/her to go.  The Subsidy is providing vehicles up to 2 hp – 15 ltrs and above 2 hp – 25 ltrs per month.

C.         SPECIAL INSTITUTIONS:

1. HOSTELS FOR DISABLED BOYS:
            2 Hostels for orthopaedically Handicapped are functioning at Peda Waltair and Pendruthi accommodating 100 each in both the institutions which are located in Govt. buildings with sufficient accommodation. The amenities like note books, text books, uniforms, cosmetic charges, bedding materials provided. Frequent medical checkups are being provided. Vidya Volunteers are being provided through SSA.

2. RESIDENTIAL SCHOOL FOR VISUALLY HANDICAPPED GIRLS:

The Government Residential School for VH Girls was established during the year 1985, and functioning in its own building at good atmosphere on the Beach Road at Yendada, Visakhapatnam with the sanctioned strength of 100 seats.  The students are being provided free boarding and lodging with special education.

3. TRAINING CUM PRODUCTION CENTRE FOR DISABLED:
Various ITI, Non ITI and Vocational Courses are being given to 100 Disabled Youth (Male) at Bakkannapalem under the prog of APVCC since 1983 with hostel facility.

4. SPECIAL INSTITUTIONS THROUGH NGOs:

            Under Govt. of India, Ministry of Social Justice & Empowerment Schemes Special Institutions are being functioning through the Non Governmental Organisations in the District.

E. SUPPLY OF AIDS AND APPLIANCES:

          Aids and Appliances such as Tricycles, Wheel Chairs, Crutches, Calipers, Artificial Limbs, Hearing Aids, Walking Sticks, and Braille Slates are being supplied to the needy disabled persons through AP Vikalangula Co-operative Corporation.

WELFARE OF DISABLED  & CITIZENS DEPARTMENT ADDRESS:


1.    Name                        :        Assistant Director
2.    Designation              :        Assistant Director, Welfare of Disabled & Senior                                          Citizens Dept.,

3.    Office Address         :        RCD Hospital Campus, Peda Waltair Jn.,                                                     Visakhapatnam-17

4.    Phone No.               :        0891 – 2562585
5.    Mobile No.               :        90000 13610

6.   E-mail                     :        addwvsk@gmail.com

Sunday, 21 August 2016

AFTER CHILD MARRIAGE

From: [mailfrom:mbenjimancwcprk@gmail.com]
Sent: 20August 2016 12:29 PM
To: 
helpap@gmail.com


Subject:  AFTER CHILD MARRIAGE:

Dear Sir,

 What Child Welfare Committee can do if the marriage has already taken place?

Thanking you,

Your’s faithfully ,
M.Benjiman ,
Member -CWC,
Prakasam  District.

Child marriage represents one of the worst forms of violence against any child, depriving her/him of a childhood, and pushing her/ him into a phase of life for which they are not ready. It also deprives the child of all avenues for her/his own development such as education, health, choice in life decisions etc. Such a child is a child in need of care and protection.
Sec 2 of the Prohibition of Child Marriage Act 2006, defines child marriage as a marriage “where either of the contracting parties is a child.” Child marriage is illegal under this Act and offenders are liable for punishment. For boys the age of marriage is 21 years and for girls it is 18 years.
Specific legislation pertaining to child marriage Prohibition of Child Marriage Act 2006:
All offences under this Act are cognizable and non-bailable.

If the marriage has already taken place:
 In case the marriage has already taken place, then the first step of the CWC is to determine whether the person who is a party to marriage, is a child as defined under Sec.2 (k) of JJ Act.

CWC can order for verification of age as per Sec. 49 of the JJ Act.

The CWC then needs to determine whether the marriage in question took place or not. For determining both of the above, the CWC should rely on the findings of the police, report of Child Marriage Prohibition Officer and discussions with the child.
The CWC can check with the child if she was compelled into the marriage and give her information about her rights under the Prohibition of Child Marriage Act to call for the marriage to be voidable and her right to maintenance and action against the party that was involved.
 Custody of the child:
After determining that the person in the marriage is a child i.e below 18 years and in need of care and protection, the CWC should take custody of the child, especially where the marriage is void. In a voidable marriage, especially where the child may be of almost 18 years, the CWC through the PO may call the parents who should be counseled and through community processes with the involvement of the NGOs and panchayat, and through the signing of a bond, the families can be brought to agree that the child will stay with her family till she completes the age of 18 years.
The CWC is also authorized to take any child born out of this marriage into their custody along with the minor biological mother. The CWC may take decisions regarding the mother and the child keeping in mind the best interest of both.
 Procedures in Family Court

While the other legal procedures in relation to a case of child marriage or custody of children born out of such marriages will take place simultaneously in the Family Court or the sessions court/High Court, the CWC will focus on the rehabilitation plan of the child rescued from marriage or the child out of such a marriage

Responsible person for Trafficking Service programs

From: Pragathi for child [mailto:pragathiforchild@gmail.com]
Sent: 8 August 2016 05:51
To: Anand
Subject: Responsible person for Trafficking Service programs
Dear Sir,
We have participated in Trafficking program and rescued  few cases in our district. Presently, victims were placed in their home and rehabilitation centers. We heard that there are provisions for the victims.Who is the responsible person to give service program as per the Government of India.
Thanks & Regards,
B.Subash,
Founder/President,
PRAGATHI FORUM FOR WOMEN & CHILD PROTECTION,
Kadapa,YSR Dist.
Mobile- +91-833-182-1098

Dear Mr. Subash garu,
Thanks for the query Please find below details:
Role of Project Director, District Women and Child Development
Agency in Anti Trafficking (as per GO MS No. 1)
District Coordination Committee (DCC): The Project Director (PD), WDCW is the main stake holder in activating the District Coordination Committee to combat trafficking

The PD should
1 Inform the District Collector about GO MS 1 and facilitate in the formation of the committee.
2 Recommend the names of good anti –trafficking NGOs in the district of the collector so as to include them in the committee.
3 Facilitate the meeting of the District co-ordination Committee once in two months and send the proceedings to secretary, WDCW and Director, WDCW for the information to State Co-ordination Committee.
Anti Trafficking Squad (ATS): The project Director should have close co-ordination with the Anti-Trafficking squad lead by the DSP, Prior to the rescue the PD should have the following ready:
1. Inventory of items necessary to give as immediate relief to at least 75 victims such as
i) Cloths (Including under garments)
ii) Towel, Soap, Oil sachet, comb, tooth brush, tooth paste, sanitary napkins and diapers
A Proper record must be maintained and periodically checked.
2. An updated list of shelter homes /fit institutions/Children‘s Homes /Short stay Homes /swadhar Homes. As soon as the girls are rescued by the squad the PD along with her officers will have to perform the following functions:
I) Identify and separate major victims
II) Provide Immediate relief /welcome kit to the victims (a bag with immediate items for use )
III) Provide the list of shelter homes /Institutions /swadhar Homes to the police who
in consultation with the PD and NGO can shift the victim to safe custody in appropriate
homes till legal formalities are completed.
IV) Take a special note of needs of the victims who are sick, lactating mothers and pregnant. (such as diapers for babies ,sanitary napkins, milk bottle ect..)
V) As the convener of the DC put up the proceedings and recommendations to the District Collector who is the Chairperson of DCC for release of immediate relief of the Victims (Rs.10,000)
VI) Support the ATS till the victims are safely sheltered for rehabilitation in Government or NGO homes
VII) Ensure that no victim is restored to the family without a proper home Investigation done through the local NGO or the probation officer.

Economic Empowerment: Recommend the victims for appropriate livelihood training in Mahila Pranganam, SETWIN or NGO managed skill training which is connected to the job market. Care should be taken to ensure security of the victim.
Heath care Services: Recommended to the Chairperson of DCC for the provision of Health cards for victims for free medical treatment in all Government Hospitals for all ailments including HIV/AIDS
Education and Child Care: Liaison with District Educational Officer for admission of the victims or children of victims to residential schools. Those children put in children’s homes should avail the facility of the respective homes for education.
Housing and Civic Amenities: Recommended to the Chairperson of DCC to provide white ration cards, electoral photo identity cards and housing (under the weaker section housing scheme) for the victims.

The role of Project Director in anti-trafficking is as the Chief Liaison Officer among various departments such as District Administration, Education, Housing, Revenue, Health ect. To support the best interest of the victim to prevent re-trafficking.

Saturday, 13 August 2016

Revised Guidelines on CWC Honorarium

 Respected CWC Member, ( Mr. Giridhar) Kadapa Dist.

Thank you so much for your phone conversation on CWC honorarium details and ICPS  guidelines of Andhra Pradesh. You can find the below G.O. from Dept. for Women, Children, Disabled and Senior Citizens.


GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Department for WCD&SCs - ICPS – Implementation of ICPS Scheme as per revised
guidelines of Government of India under different components – Permission accorded –Orders issued.
___________________________________________________________________

DEPARTMENT FOR WOMEN, CHILDREN, DISABLED & SENIOR CITIZENS (PROG.1)
G.O.Rt.No.                                                                                                     Dated:02.05.2015
Read the following:
1) G.O.Ms.No.22, WD,CD & DW (WP) Deptt., dt:31.08.2009.
2) G.O.Ms.No. 7, Finance (SMPC.1) department, dt:04.01.2014.
3) D.O.No.14-3/2012-CW-II (Vol.IV) dt:03.03.2014 of Govt. of India,
Ministry of W&CD, New Delhi download from website.
4) Minutes of PAB meeting under ICPS held on 22.11.2013.
5) From the Commissioner, WD&CW, A.P., Hyderabad, Lr.No.1728/HICPS/
Accts/2014, dt:02.05.2014 & 09.12.2014.
@@@
ORDER:

The Government of India has launched the Integrated Child Protection Scheme (ICPS) in the year 2009 to contribute to the well being of children in difficult circumstances, as well as to the reduction of vulnerabilities to situations and action that lead to abuse, neglect, exploitation, abandonment and separation of children from parents with focus on children in need of care and protection and children in conflict and contact with the law. This Centrally Sponsored Scheme aims at providing a protective environment for all children in order to enable them to develop into responsible individuals. The interventions include, inter-alia, financial support for setting up and/or maintenance of Homes for children in need of care and protection and those in conflict with law, setting up of child protection structure viz., State Project Support Unit (SPSU), State Child Protection Society (SCPS), State Adoption. Resource Agency (SARA) at the State and District Child Protection Societies (DPCS’s), Specialized Adoption Agencies (SAAs) in all the Districts, capacity building, advocacy etc., The Integrated Child Protection Scheme (ICPS) (Centrally Sponsored Scheme) is being implemented in the State since 2010-2011 with funding from the Government of India shared in ratio of 75:25.

2.         In the reference 1st read above, the Government has issued orders for establishing “A.P. Society for Protection and Empowerment of Women and Children” for Protection; socio-cultural, political and economic empowerment of women and children; promote gender equity, provide access to quality service and opportunities for building an equitable society through convergence and partnership.

3.         In the reference 2nd read above, orders were issued according sanction for creation
of 554 posts to the A.P. Society for Protection &Empowerment of Women and Children O/o Commissioner, Women Development & Child Welfare Department, A.P. Hyderabad under State Project Support Unit (SPSU), State Child Protection Society (SCPS), State Adoption Resource Agency (SARA) at the State level and District Child Protection Societies (DPCS’s), Specialized Adoption Agencies (SAAs) at the Districts level.

4.         In the reference 5th read above the Commissioner, Women Development & Child Welfare Department, Hyderabad has stated that in the reference 3rd read above, the Government of India have issued revised financial norms for implementation of ICPS under different components of the Scheme. The revised financial norms would be applicable from 1st April, 2014. Further for the State Project Support Unit (SPSU) component all the posts are sanctioned except Accounts Officer, Accountant and One Asst cum computer operator, and under the component of SARA all the posts are sanctioned except Accountant. Accordingly these posts would be discontinued.

5.         The combined State of A.P. has been bifurcated w.e.f. 2014 and hence the Commissioner, WD&CW, A.P., Hyd. has submitted a revised proposal for A.P. State with 13 districts and requested the Government to accord permission for implementation of different components as per the revised financial norms of Government of India under ICPS scheme which would be applicable from 1st April, 2014.

6.         After careful examination of the proposal, Govt. hereby accord permission to the Director, WD&CW Deptt., A.P., Hyderabad for implementation of different components as per the revised financial norms of Government of India under State Project Support Unit (SPSU), State Child Protection Society (SCPS), State Adoption Resource Agency (SARA)
at the state level and District Child Protection Societies (DCPS), Specialized Adoption Agencies (SAAs) in all districts under ICPS scheme as indicated from annexure I to annexure III-E appended to this order.

7.         This orders are applicable prospectively from the date of issue of orders.

8.         The Director, Women Development & Child Welfare Department, A.P., Hyderabad
shall take necessary action in the matter, accordingly.

9.         This order is issued with the concurrence of Finance (HR.I) Department vide their
U.O.No.23/03/A3/HR.I/2015, dt:29.04.2015.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

    NILAM SAWHNEY
PRINCIPAL SECRETARY TO GOVERNMENT
To,
The Director,
Women Development & Child Welfare Departmen,A.P., Hyderabad (w.e.)
The Accountant General, AP, Hyderabad (w.e.)
The Director of Treasuries and Accounts, A.P., Hyderabad (w.e.)
The Pay and Accounts Officer, A.P., Hyderabad (w.e.)
Copy to:
The Finance (HR.I) Deptt.
Sf/Sc.
// FORWARDED::BY ORDER//


SECTION OFFICER