Legal provisions regarding production of a child before the Child Welfare Committee under Section 32 of the Juvenile Justice (Care and Protection of Children) Act, 2000.
(1) Any child in need of care and protection may be produced before the Committee by one of the following persons:
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(i) Any police officer or special juvenile police unit or a designated police officer;
(ii) Any public servant;
(iii) Child line, a registered voluntary organization or by such other voluntary organization or an agency as may be recognized by the State Government;
(iv) Any social worker or a public spirited citizen; or
(v) By the child himself:
Provided that the child shall be produced before the Committee without any loss of time but within a period of twenty-four hours excluding the time necessary for the journey;
(2) The State Government may make rules consistent with this Act to provide for the manner of making the report to the police and to the Committee and the manner of sending and entrusting the child to children’s home pending the enquiry As per Rule 27 of the Juvenile Justice (Care and Protection of Children) Rules, 2007:
(1) A child in need of care and protection shall be produced before the Committee within twenty-four hours, excluding journey time, by one of the following persons:
(a) Any police officer or Special Juvenile Police Unit or a designated police officer;
(b) Any public servant;
(c) Childline, a registered voluntary organization or by such other voluntary organization or an agency as may be recogniced by the State Government;
(d) Social worker;
(e) Any public spirited citizen; or
(f) By the child himself.
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(2) In case of a child under two years of age, who is medically unfit, the person or the organization shall send a written report along with the photograph of the child to the Committee within twenty-four hours and produce the child before the Committee as soon as the child is medically fit along with a medical certificate to that effect.
(3) The Committee can suo motu take cognizance of cases brought to their notice and reach out to a child in need of care and protection where necessary and the District or the State Child Protection Unit or the State Government shall provide necessary support and assistance to the Committee for carrying out such functions.
(4) In case the Committee is not sitting, the child may be produced before the single member of the Committee as per the provisions laid down under sub-section (2) of Section 30 of the Act for being placed in safe custody of parent or guardian or fit person or fit institutions, as the case may be, till such time that the child can be produced before the Committee.
(5) In case the single member is also not accessible, or that the hours are odd, the child shall be taken by an (sic a) non-governmental organization or Child line or Police to an appropriate institution for children registered under the Act with all the necessary documents, and placed in such institution till the time of production before the Committee.
(6) The concerned institution shall inform the Chairperson or a member of the Committee about such child and produce the child before the Committee within twenty-four hours and in such cases, it may not be necessary for the person who brings a child in need of care and protection to an institution to be present at the time of production of the child before the Committee.
(7) Whoever produces a child before the Committee shall submit a report on the circumstances under which the child came to their notice and efforts made by them on informing the police and the missing persons squad and in cases where a recognized voluntary organization or any police personnel produce a child before the Committee, they shall also submit a report on the efforts made by them for tracing the family of the child.
(8) Any general medical or gynaecological examination of children shall not be a prerequisite for production of the child before the Committee or admission in an institution.
(9) The Committee shall facilitate the filing of a police complaint and First Information Report in cases of missing children as well as matters of violence, exploitation and abuse of children and arrange for required legal aid through the legal officer in the District Child Protection Unit or District or State Legal Aid Services Authority or voluntary organizations.
(10) Each Committee shall send quarterly information about children in need of care and protection received by them to the District or State Child Protection Unit or State Government.
(11) Children shall be provided a child friendly environment during the proceedings of the Committee.
(12) The Committee shall have an empanelled list of lawyers, social workers and mental health expert who may assist the Committee in dealing with cases of abused children and who may also interface with the Public Prosecutor or Assistant Public Prosecutor to facilitate legal services to the abused children, when the cases relating to such children are taken up in regular criminal courts.
(13) Every possible effort shall be made to trace the family with support from the District Child Protection Unit, and assistance of recognized voluntary organizations, Child line or police may also be taken.
(14) The Committee shall send the child to the designated place of safety, with age and gender appropriate facilities, pending inquiry and in such eventuality, the District Child Protection Unit or State Child Protection Unit or State Government shall provide transport or make necessary budgetary allocations for such expenses based on the actual fare.
(15) The child may be escorted by the police officer or representative of the voluntary organization or by any other arrangement as considered appropriate by the Committee with support from the District Child Protection Unit and in case of a girl child, a female escort shall accompany the child.
(16) A list of all recognized child care institutions along with their capacity and appropriate facilities as prescribed under Section 34 of the Act, a list of all child related resource services and a list of contact details of all Child Welfare Committees across the country shall be provided to the Committee by the District Child Protection Unit or State Government.
(17) The Committee may, while making an order in form VIII placing a child under the care of a parent, guardian or fit person pending inquiry or at the time of restoration, as the case may be, direct such parent, guardian or fit person to enter into an undertaking in Form IX.
(18) Whenever the Committee orders a child to be kept in an institution, it shall forward to the Officer-in-Charge of such institution a copy of the order of short-term placement pending inquiry in Form X with particulars of the home and parents or guardian and previous record.
(19) Whenever the Committee orders a child to be kept in a fit institution as part of restoration under clause (1) of sub-section (3) of Section 39 of the Act, it shall forward a copy of its order of restoration in Form XI to the Officer-in-Charge of such institution.
(20) The child shall be placed in an institution closest to where his parents or guardians belong as far as possible unless the child has been subjected to abuse or exploitation by parents or guardians.