Monday, 10 October 2016

Rules and Procedures of Committee.

From: mail from :( 
Sent: 7 October 2016 09:32 AM
To: Program Officer – HELP

Subject: Rules and Procedures of Committee  

What are the  Rules and payment details to CWC as per JJ central rules?  

Child Welfare Committee,
Kadapa district.

Respected Mr. Giridhar garu please find below answer for your reference.

16. Rules and Procedures of Committee.-

1)    The Chairperson and members of the Committee shall be paid such sitting allowance, travel allowance and any other allowance, as the State Government may prescribe but not less than Rs.1500 /- per sitting.
2)    A visit to an existing Child Care Institution by the Committee shall be considered as a sitting of the Committee.
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.
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.
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: Provided that the State Government may, by notification in the Official Gazette constitute more than one Committee in a district after giving due consideration to the pendency of the cases, area or terrain of the district, population density or any other consideration.
8)    On receiving information about a child or children in need of care and protection, who cannot be produced before the Committee, the Committee shall reach out to the child or children and hold its sitting at a place that is convenient for such child or children.
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.

Thanking you sir,

Sent: Sat, September 8, 2016 10:02 AM

Respected Sir,
Please give details on ‘Application for Surrender of Child?
Thanking you,
 Your’s sincerely,  
Vizainagaram  district.  

     Thank u respected lakshmi garu please give bellow application for Surrender of Child as per JJ CENTRAL RULES .                                                           


[Rule 19(22)]
Date ……….
Child Welfare Committee,

I/ We………………(name of the applicant/s) …………….(relation with the child)
of……………….(name of the child), aged about……….years , intend to surrender………………… of
child)beforethisChildWelfareCommittee as……………………………………………………….(reason/s for surrender).
I/we am /are fully conscious and making this application before this Child Welfare Committee. I have not been forced or unduly influenced by any one to take this decision of Surrendering……………………. (name of child). I shall have no objection if the child is given in adoption. Iam fully aware of the consequences of surrendering the child.
Full signature of the applicant(s)/
Thumb impression (if the CWC deems appropriate)
Name and address.
(Signature of the Chairperson/ member
Before whom such application is submitted)
Committee member/s present:____________________

Duties of Probation officer.

From: mail from :(]
Sent: 4 October 2016 08:42 AM
To: Program Officer – HELP
Subject: Duties of Probation officer  

What are the duties of Probation Officer as per JJ central rules?  

K. Chiranjeevi,
Dist Probation Officer,
Kakinada, E.G DIST. s

Respected Mr. Chiranjeevi garu, please find below answer for your reference.

Duties of a Probation Officer.

Rule 64 of Juvenile Justice Act – 2015.

A.  On receipt of information from the Police or Child Welfare Police Officer under clause (ii) of sub-section (1) of section 13 of the Act, without waiting for any formal order from the Board, the Probation Officer shall inquire into the circumstances of the child as may have bearing on the inquiry by the Board and submit a social investigation report in Form 6 to the Board.
B.  The social investigation report should provide for risk assessment, including aggravating and mitigating factors highlighting the circumstances which induced vulnerability such as traffickers or abusers being in the neighbourhood, adult gangs, drug users, accessibility to weapons and drugs, exposure to age inappropriate behaviours, information and material.
C.  The Probation Officer shall carry out the directions given by the Board and shall have the following duties, functions and responsibilities:
(1)         To conduct social investigation of the child in Form 6;
(2)         To attend the proceedings of the Board and the Children’s Court and to submit reports as and when required;
(3)         To clarify the problems of the child and deal with their difficulties in institutional life;
(4)         To participate in the orientation, monitoring, education, vocational and rehabilitation programmes;
(5)         To establish co-operation and understanding between the child and the Person- in-charge;
(6)         To assist the child to develop contacts with family and also provide assistance to family members;
(7)         To participate in the pre-release programme and help the child to establish contacts which could
(8)         provide emotional and social support to the child after release;
(9)         To establish linkages with Probation Officers in other Districts and States for obtaining social
(10)     Investigation report, supervision and follow-up.
(11)     To establish linkages with voluntary workers and organisations to facilitate rehabilitation and social
(12)     reintegration of children and to ensure the necessary follow-up;
(13)     Regular post release follow-up of the child extending help and guidance, enabling and facilitating
(14)     their return to social mainstreaming;
(15)     To prepare the individual care plan and post release plan for the child;
(16)     To supervise children placed on probation as per the individual care plan;
(17)     To make regular visits to the residence of the child under his supervision and places of employment
(18)     or school attended by such child and submit periodic reports as per Form 10;
(19)     To accompany children where ever possible, from the office of the Board to the observation home,
(20)     special home, place of safety or fit facility as the case may be;
(21)     To evaluate the progress of the children in place of safety periodically and prepare the report
(22)     including psycho-social and forward the same to the Children’s Court;
(23)     To discharge the functions of a monitoring authority where so appointed by the Children’s Court;
(24)     To maintain a diary or register to record his day to day activities such as visits made by him, social
(25)     investigation reports prepared by him, follow up done by him and supervision reports prepared by him;
(26)     To identify alternatives of community services and to establish linkages with voluntary sector for
(27)     facilitating rehabilitation and social reintegration of children; and
(28)     Any other task as may be assigned.

Thanking you sir, 

Monday, 3 October 2016

Release of a child from an institution

From: mail from: ]
Sent: 27September 2016 09:45 AM
To: Program Officer – HELP

Release of a child from an institution  

Respected Sir,
How to release a child from an institution as per new juvenile justice

G, Sivareddy,
District Child Protection Officer,

Dear Mr. Sivareddy garu, please find below answer for your question.

As per Section 97 of Juvenile Justice Act-2015.

(1)   When a child is kept in a Children’s Home or special home, on a report of a probation officer or social worker or of Government or a voluntary or non-government organisation, as the case may be, the Committee or the Board may consider, the release of such child, either absolutely or on such conditions as it may think fit to impose, permitting the child to live with parents or guardian or under the supervision of any authorised person named in the order, willing to receive and take charge, educate and train the child, for some useful trade or calling or to look after the child for rehabilitation:

Provided that if a child who has been released conditionally under this section, or the person under whose supervision the child has been placed, fails to fulfil such conditions, the Board or Committee may, if necessary, cause the child to be taken charge of and to be placed back in the concerned home.

(2)   If the child has been released on a temporary basis, the time during which the child is not present in the concerned home in pursuance of the permission granted under sub-section (1) shall be deemed to be part of the time for which the child is liable to be kept in the children or special home:

Provided that in case of a child in conflict with law fails to fulfil the conditions set by the Board as mentioned in sub-section (1), the time for which he is still liable to be kept in the institution shall be extended by the Board for a period equivalent to the time which lapses due to such failure.

Thanking you

Friday, 30 September 2016

Trial court for conducting trial of offences.

Respected Sir,
Which is the trial court for conducting trial of offences?

Thanking you,
 Your’s Truly, 
 K. S. Murthy,
Sub Inspector,
5 town Police Station,
Vijayawada - Krishna District.  

Respected Mr. Murthy,
Please find below details as per the phone conversation. 

Ans.        Sec 86: Classification of offences and designated court depend upon term of punishment.
a.          Where an offence under this Act is punishable with imprisonment for a term of more than seven years, then, such offence shall be cognizable, non-bailable and triable by a Children’s Court. (Addl Dist. Judge / 1st MSJ in city) vide G.O Rt.No. 630 Law (LA&J-Home-Courts-C) Dept, dt.23.3.2013). Children’s Court (Sec.2(l) means a Court established under the POCSO Act.
b.          Where an offence under this Act is punishable with imprisonment for a term of three years and above, but not more than seven years, then, such offence shall be cognizable, non-bailable and triable by a Magistrate of First Class.
c.            Where an offence, under this Act, is punishable with imprisonment for less than three years or with fine only, then, such offence shall be non-cognizable, bailable and triable by any Magistrate.
Thanking you.

State Child Protection Society Functions.

From:  [mail from:]
Sent: Friday, September23, 2016 10:42 AM
Subject:   State Child Protection Society Functions.

Respected Rammohan Garu,
What are the functions of State Child Protection Society?

Thanking you,
 Your’s sincerely, 
District Child Protection Officer,
 DCPU-Visakhapatnam Dist.

Respected Mr. Satyanarayana,
Please find few details below as per your Mail. 

As per Central Rule 84 of Juvenile Justice Act-2015.

State Child Protection Society.- (1) The State Child Protection Society shall perform the following Functions namely:

     I.        Overseeing the implementation of the Act and the rules framed there under in the State and supervision and monitoring of agencies and institutions under the Act;
   II.        Addressing road-blocks, issues, complaints received regarding care and protection of children;
  III.        Ensure that all institutions set up under the Act and the rules are in place and performing their assigned duties;
 IV.        Reviewing reports received from various District Child Protection Units on the functioning of institutions in various districts and take action to facilitate the protection of children wherever necessary and monitoring the functioning of the District Child Protection Units;
  V.        Develop programmes for foster care, sponsorship and after-care;
 VI.        Inquire into, seek reports and make recommendations in cases of death or suicide in Child Care Institutions and under other institutional care;
VII.        Ensure inter-department coordination and liaising with the relevant departments of the State and Central Governments and State Child Protection Societies of other States or Union Territories;
VIII.        Networking and coordinating with civil society organisations working for the effective implementation of the Act and the rules;
 IX.        Maintaining a state level database of all children in institutional care and family based non institutional care and updating it on a quarterly basis;
  X.        maintaining a database of Child Care Institutions, Specialised Adoption Agencies, open shelters, fit persons and fit facilities, registered foster parents, sponsors, after care organisations and other institutions at the State level;
 XI.        maintaining a database of medical and counselling centres, de-addiction centres, hospitals, open schools, education facilities, apprenticeship and vocational training programmes and centres, recreational facilities such as performing arts, fine arts and facilities for children with special needs and other such facilities at the State level;
XII.        monitoring and administering the Juvenile Justice Fund set up by the State Government including disbursal of funds to the District Child Protection Units, Special Juvenile Police Units and police stations, as the case may be;
XIII.        maintaining separate accounts for all funds received by the State Child Protection Society such as the Juvenile Justice Fund, funds under Schemes of Central and State Government and getting the same audited;
XIV.        generate awareness among public on various aspects of the Act and the rules made there under specifically the existing institutional framework, rehabilitation measures, penalties, procedures for better protection of children;
XV.        organise and conduct programmes for the implementation of the Act including training and capacity building of stakeholders;
XVI.        commission research programmes on child protection;
XVII.        co-ordinate with State Legal Services Authority and law schools; and
XVIII.        any other function for the effective implementation of the Act and the rules made there under.
(3) The Member- Secretary of the State Child Protection Society shall be the Nodal Officer in the State for the implementation of the Act and the rules.

 Please follow Central Rules more details.  
Thanking you.

Thursday, 29 September 2016

Hheinous’ offence means

From:  [mail]
Sent: Sat, September 17, 2016 10:02 AM

Respected Sir,
Please give details on ‘heinous’ offence?
Thanking you,
 Your’s sincerely,  
Chiarperson ,
Child Welfare Committee, 
Vizainagaram  district.  

     What is meant by ‘heinous’ offence?
Ans.        JJAct 2015 Sec 2 (33)          ‘Heinous Offence’ means an offence punishable with imprisonment for 7 years or more.
     For  example :  Murder  (302) IPC , attempt   to murder (307 IPC), dowry death (304 B IPC), abetment to suicide (306 IPC), rape (376,376A IPC), Gang rape(376 D IPC), repeat rape case convicts (376 E IPC), Trafficking in persons (370 IPC), procuring a  minor for prostitution Sec.366 A IPC), House breaking by right (Sec.457, 380 IPC), Robbery ( 392 IPC), dacoity (395 IPC),   murder while committing  dacoity (Sec. 396 IPC), acid attack (Sec. 326 A IPC) etc.

Thanking you sir