2.3 Procedure under the JJ Act with respect to rehabilitation of CNCP

the child’s biological family, that has been selected, qualified, ap-proved and supervised for providing such care20. On placement, the foster family is supposed to be responsible for providing education, health and nutrition to the child, and ensure the overall well-being of the child.

f. Sponsorship – This is defined by the JJ Act as provision of supplementary support, financial or otherwise, to families to meet the medical, educational and developmental needs of the child21 . The Act empowers he State Government to make rules for the purpose of undertaking programmes of sponsorship of children, such as individual to individual sponsorship, group sponsorship or community sponsorship22 .

RESTORATION OF THE CHILD TO PARENTS OR GUARDIAN

PLACEMENT OF THE CHILD IN A CHILD CARE INSTITUTION (CCI)

PLACEMENT OF THE CHILD WITH FIT PERSON FOR LONG TERM OR TEMPORARY CARE

ADOPTION

FOSTER CARE

SPONSORSHIP

Rehabilitation options recognized by the JJ Act.

2.3 Procedure under the JJ Act with respect to rehabilitation of CNCP

As mentioned above, the CWC has the exclusive authority to decide on all cases regarding rehabilitation of children in need of care and protection, and to provide for their basic needs and protection, within its district. The procedure followed by the CWC for this, as enumerated in Section 36 and 37 of the JJ Act, is as follows:

Step 1: Child is brought before the CWC for suitable decision / action / rehabilitation by the police, Childline, NGO or any concerned citizen, or the child presents himself or herself before the CWC; Step 2: Child may be taken in safe custody and admitted to government registered child care institution, if deemed necessary by the CWC;

Step 3: CWC holds an inquiry in a manner as it deems fit to ascertain the need of care and support for the child. This enquiry is supposed to be completed within fifteen days so as to enable CWC to pass the final order within four months of first production of the child;

Step 4: On completion of the inquiry, if CWC is of the opinion that the child has no family or ostensible support, or is in continued need of care and protection, it may, on consideration of social investigation report submitted by Child Welfare Officer and 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:

i. Declaration that the child is in need of care and protection;

ii. Restoration of the child to parents or guardian or family with or without supervision of Child Welfare Officer or designated social worker;

iii. Placement of the child in Children’s Home or fit facility or Specialised Adoption Agency;

iv. Placement of the child with fit person for long term or temporary care;

v. Placement of the child under foster care;

vi. Order for sponsorship of the child under Section 45 of the JJ Act;

vii. 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 and / or therapy;

viii. Declaration that the child is legally free for adoption in case of orphan and abandoned child after making all efforts for tracing the parents or guardians of the child.

Children in need of care and protection are thus children who have been identified and rescued from conditions of great risk. They are deprived of basic rights and are either destitute orphans or children whose parents are unfit or incapable of taking care of them. It must be noted that in India, the scale of such children is huge – much, much larger than any country in the world. At the same time, as one can deduce in this section, India has a robust legal framework and well-defined processes for rehabilitation in place that are aligned to the UNCRC and other international conventions.

0 1

0 2

0 3

0 4 PRESENTATION BEFORE CWC

By any citizen, authorities, or child himself

PLACEMENT IN SAFE CUSTODY

INQUIRY

In a government registered CCI, if deemed necessary

To ascertain needs of child; to be completed within 15 days

ORDER

On conslderatlon of SIR and taklng Into account wishes of child

Procedure followed by CWC.