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JJB,CWC & DCPU under JJ Act 2015

Section 2(10) “Board” means a Juvenile Justice Board constituted under section 4

JUVENILE JUSTICE BOARD

Section 4 of J.J, Act, 2015

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the State Government shall, constitute for every district, one or more Juvenile Justice Boards for exercising the powers and discharging its functions relating to children in conflict with law under this Act.

(2) A Board shall consist of a Metropolitan Magistrate or a Judicial Magistrate of First Class not being Chief Metropolitan Magistrate or Chief Judicial Magistrate (hereinafter referred to as Principal Magistrate) with at least three years experience and two social workers selected in such manner as may be prescribed, of whom at least one shall be a woman, forming a Bench and every such Bench shall have the powers conferred by the Code of Criminal Procedure, 1973 on a Metropolitan Magistrate or, as the case may be, a Judicial Magistrate of First Class.

Role of JJB as per J.J. Act, 2015

  1. Identification of Fit Facility,
  2. Identification of Fit Person,
  3. Transferring Child to CWC,
  4. Receiving a written complaint from the Committee,
  5. Functions of Juvenile Justice Board under Section 8 of J.J. Act, 2015:

(a)  Ensuring the informed participation of the child and the parent or guardian, in every step of the process;

(b) Ensuring that the child’s rights are protected throughout the process of apprehending the child, inquiry, aftercare and rehabilitation;

(c) Ensuring availability of legal aid for the child through the legal services institutions;

(d) Wherever necessary the Board shall provide an interpreter or translator, having such qualifications, experience, and on payment of such fees as may be prescribed, to the child if he fails to understand the language used in the proceedings;

(e) Directing the Probation Officer, or in case a Probation Officer is not available to the Child Welfare Officer or a social worker, to undertake a social investigation into the case and submit a social investigation report within a period of fifteen days from the date of first production before the Board to ascertain the circumstances in which the alleged offence was committed;

(f) Adjudicate and dispose of cases of children in conflict with law in accordance with the process of inquiry specified in section 14;

(g) Transferring to the Committee, matters concerning the child alleged to be in conflict with law, stated to be in need of care and protection at any stage, thereby recognizing that a child in conflict with law can also be a child in need of care simultaneously and there is a need for the Committee and the Board to be both involved;

(h) Disposing of the matter and passing a final order that includes an individual care plan for the child’s rehabilitation, including follow up by the Probation Officer or the District Child Protection Unit or a member of a non-governmental organization, as may be required;

(i) Conducting inquiry for declaring fit persons regarding care of children in conflict with law;

(j) Conducting at least one inspection visit every month of residential facilities for children in conflict with law and recommend action for improvement in quality of services to the District Child Protection Unit and the State Government;

(k) Order the police for registration of first information report for offences committed against any child in conflict with law, under this Act or any other law for the time being in force, on a complaint made in this regard;

(l) Order the police for registration of first information report for offences committed against any child in need of care and protection, under this Act or any other law for the time being in force, on a written complaint by a Committee in this regard;

(m) Conducting regular inspection of jails meant for adults to check if any child is lodged in such jails and take immediate measures for transfer of such a child to the observation home; and

(n) Any other function as may be prescribed.

  1. Conducting of Inquiries,
  2. Submit a quarterly Report to CJM,
  3. Removing Recognition of Fit Person / Fit Institutions,
  4. Providing for Disclosure of Child’s Details in Press,
  5. In case, where any corporal punishment is reported in a institution,
  6. Presumption of Determination of Age,
  7. Determining the age of Child,
  8. Transfer of Child,
  9. Granting Leave to a Child,
  10. Amend its own orders.

 

ROLE OF CWC AS PER J. J. ACT, 2015.


(
1) The State Government shall by notification in the Official Gazette constitute for every district, one or more Child Welfare Committees for exercising the powers and to discharge the duties conferred on such Committees in relation to children in need of care and protection under this Act and ensure that induction training and sensitization of all members of the committee is provided within two months from the date of notification.Section 27 of J.J, Act, 2015Section 2(22) “Committee” means a Child Welfare constituted under section 27

(2) The Committee shall consist of a Chairperson and four other members as the State Government may think fit to appoint, of whom atleast one shall be a woman and another, an expert on the matters concerning children.

(3) The District Child Protection Unit shall provide a Secretary and other staff that may be required for secretarial support to the Committee for its effective functioning.

Role of CWC as per J.J. Act, 2015

  1. Identification of Fit Facility,
  2. Identification of Fit Person,
  3. Placement of Child in Foster Care,
  4. Identification of Guardian,
  5. Receiving and declaring a child as Surrendered,
  6. Receiving Children Transferred from the Board,
  7. Send a written complaint to the Board regarding offences committed against a Child in Need of Care and Protection,
  8. Functions of Child Welfare Committee under Section 30 of J.J. Act, 2015:

(i) Taking cognizance of and receiving the children produced before it;

(ii) Conducting inquiry on all issues relating to and affecting the safety and wellbeing of the children under this Act;

(iii) Directing the Child Welfare Officers or probation officers or District Child Protection Unit or non-governmental organizations to conduct social investigation and submit a report before the Committee;

(iv) Conducting inquiry for declaring fit persons for care of children in need of care and protection;

(v) Directing placement of a child in foster care;

(vi) Ensuring care, protection, appropriate rehabilitation or restoration of children in need of care and protection, based on the child’s individual care plan and passing necessary directions to parents or guardians or fit persons or children’s homes or fit facility in this regard;

(vii) Selecting registered institution for placement of each child requiring institutional support, based on the child’s age, gender, disability and needs and keeping in mind the available capacity of the institution;

(viii) Conducting at least two inspection visits per month of residential facilities for children in need of care and protection and recommending action for improvement in quality of services to the District Child Protection Unit and the State Government;

(ix) Certifying the execution of the surrender deed by the parents and ensuring that they are given time to reconsider their decision as well as making all efforts to keep the family together;

(x) Ensuring that all efforts are made for restoration of abandoned or lost children to their families following due process, as may be prescribed;

(xi) Declaration of orphan, abandoned and surrendered child as legally free for adoption after due inquiry;

(xii) Taking suo motu cognizance of cases and reaching out to children in need of care and protection, who are not produced before the Committee, provided that such decision is taken by at least three members;

(xiii) Taking action for rehabilitation of sexually abused children who are reported as children in need of care and protection to the Committee by Special Juvenile Police Unit or local police, as the case may be, under the Protection of Children from Sexual Offences Act, 2012;

(xiv) Dealing with cases referred by the Board under sub-section (2) of section 17;

(xv) Co-ordinate with the police, labour department and other agencies involved in the care and protection of children with support of the District Child Protection

Unit or the State Government;

(xvi) In case of a complaint of abuse of a child in any child care institution, the Committee shall conduct an inquiry and give directions to the police or the District Child Protection Unit or labour department or childline services, as the case may be;

(xvii) Accessing appropriate legal services for children;

(xviii) Such other functions and responsibilities, as may be prescribed.

  1. Conducting of Inquiries,
  2. Submit a quarterly Report to DM in prescribed format,
  3. Other Orders that may be passed,
  4. Declaring a child free for Adoption,
  5. Restoration of a child,
  6. Determining criteria for Foster Care,
  7. Inspection of Foster Families,
  8. Removing Recognition of Fit Person / Fit Institutions,
  9. Providing for Disclosure of Child’s Details in Press,
  10. Dealing with Cases, of Children where Parents have abated the begging,
  11. In case, where any corporal punishment is reported in an institution,
  12. Presumption of Determination of Age,
  13. Determining the age of Child,
  14. Transfer of Child,
  15. Granting Leave to a Child,
  16. Amend its own orders.

ROLE OF DCPU AS PER J. J. ACT, 2015.


Identification of Foster Care,
“District Child Protection Unit” means a Child Protection Unit for a District, established by the State Government under section 106, which is the focal point to ensure the implementation of this Act and other child protection measures in the district. Role of DCPU as specified is as follows:

  1. Follow up of Inspection Visit of J.J. Board,
  2. Assisting in Post Restoration follow up of the Board / Children’s Court,
  3. Providing Staff to the Child Welfare Committee,
  4. Follow up of Inspection Visit of CWC,
  5. Assisting in Post Restoration follow up of the Committee,
  6. Assisting CWC in Coordination with other Departments,
  7. Following orders in case of Abuse as received from CWC,
  8. Production of Child before the CWC,
  9. Point for Mandatory Reporting of child separated from guardian,
  10. Disbursement of Funds for Foster Care,
  11. Receiving a report from Inspection Committee within 1 week,
  12. Acting on report from Inspection Committee within 1 month.