Child Protection Services

a. Children Home

As per Section 50 of JJ Act, "Children's Home" means a children's home, established or maintained in every district or group of districts, by the state government, either by itself, or through a voluntary or non-governmental organisation, which shall be registered as such, for the placement of children in need of care and protection for their care, treatment, education, training, development and rehabilitation. These children homes serve as a home away from home and provide comprehensive child care facilities to children for ensuring their all round development. They shall also work towards enhancing the capabilities and skills of children and work with their families with the view of facilitating their reintegration and rehabilitation into mainstream societies. The state-government shall designate any children's home as a home fit for children with special needs delivering special services, depending on requirement. The state Government may, by rules, provide for the moitoring and management of Children's Homes including the standards and the nature of services to be provided by them, based on individual care plans for each child.

b. Open Shelter
Ans: As per Section 43 of JJ Act, "Open Shelters" are established to function as a community based facility for children in need o residential support, on short term basis, with the objective of protecting them from abuse or weaning them, or keeping them away from the life on the streets. The target group of the open shelters in urban and semi urban areas are particularly beggars, child substance abusers, street and working children, rag-pickers, small vendors, street performers, trafficked and runaway children, children of migrant population, children living in slums and any other vulnerable group of children. Open shelters provides opportunities for education and develop potential and talent of inmates. It enhances life skills and reduces vulnerabilities to exploitation of the inmates. It reintegrates children into families, alternatives cares and communities.

c. Observation Home
As per sub section 1 of section 47, "Observation Home" means an observation home established and maintained in every district or group of districts by state government, either by itself, or through a voluntary or non-voluntary organisation and is registered under section 41of this act, for temporary reception, care and rehabilitation of any child alleged to be in conflict with law during the pendency of any enquiry under this act. The state government may by rules made under this act, provide for the management and monitoring of observation homes, including the standards and various types of services to be provided by them for rehabilitation and social integration of a child alleged to be in conflict with law and the circumstances under which, and the manner in which the registration of a observation home may be granted or withdrawn. Every child alleged to be in conflict with law who is not placed under the charge of parent or guardian and is sent to an observation home shall be segregated according t a child's age and gender, after giving due consideration to physical and mental status of the child and degreeof the offence committed.

d. Special Home
"Special Home" means an institution established by a state government or by a voluntary or a non-governmental organisation registered under section 48, for housing and providing rehabilitated services to children in conflict with law, who are found, through enquiry, to have committed an offence and are sent to such institutions by an order of the Juvenile Justice board made under section 18. The state government may provide for the management and monitoring of special homes, including the standards and various types of services to be provided by them which are necessary for social re-integration of the child, and the circumstances under which, and the manner in which, the registration of a special home may be granted or withdrawn. The state government are empowered to establish and maintained either by itself or under an agreement with voluntary organisations, special homes in every district or group of districts for the reception and rehabilitation of Juveniles in conflict with law. In order to facilitatean expedite setting up of special homes in every district or group of districts, the scheme shall provide financial support to the state governments and union territory administrations.

e. Place of Safety
A place of safety is any place or institution, (not being a police lock up or jail) established separately or attached to an observation home or a special home, the person in charge of which is willing to receive and take care of the juvenile in conflict with law placed there, by order of the juvenile justice board, for a period and purpose as defined in the order. Registered under section 41 of JJ act, the state government shall set up at least one place o safety n a state, so as to place a person above the age of 18years or child in conflict with law who is between the age of 16-18 years and is accused of or convicted for committing a heinous offence. The act also states that the state government may arrange to place a juvenile referred to it by the board in a place of safety, which has been declared fit by the state government for such purpose, and may order such juvenile to be kept under protective custody, at such place or on such conditions, as it deems proper. The state government may, by rules, prescribe the types of places that can be designated as quoted place of safety and the facilities and the services that may be provided therein.

f. Special Adoption Agency
“Specialised Adoption Agency” means an institution established by the State Government or by a voluntary or non-governmental organisation and recognized under section 65, for housing orphans, abandoned and surrendered children, placed there by order of the Child Welfare Committee, for the purpose of adoption.

a. Adoption

"Adoption" means the process through which the adopted child is permanently separated from his biological parents and becomes the lawful child of his adoptive parents with all the rights, privileges and responsibilities that are attached to a biological child

Sec 56 - “Adoption” shall be resorted to for ensuring right to family for the orphan,abandoned and surrendered children, as per the provisions of JJ Act, the rules made there under and the adoption regulations framed by the Central Adoption Resource Authority (CARA).

b. Sponsorship
“Sponsorship” means provision of supplementary support, financial or otherwise, to the families to meet the medical, educational and developmental needs of the child;

Sec 45. (2) The criteria for sponsorship shall include,—
(i) where mother is a widow or divorced or abandoned by family;
(ii) where children are orphan and are living with the extended family;
(iii) where parents are victims of life threatening disease;
(iv) where parents are incapacitated due to accident and unable to take care of children both financially and physically.

(4) The sponsorship programme may provide supplementary support to families, to Children’s Homes and to special homes to meet medical, nutritional, educational and other needs of the children, with a view to improving their quality of life.

c. Foster Care
“Foster Care” means placement of a child, by the Committee for the purpose of alternate care in the domestic environment of a family, other than the child’s biological family, that has been selected, qualified, approved and supervised for providing such care.

Sec 44. (1) The children in need of care and protection may be placed in foster care, including group foster care for their care and protection through orders of the Committee, after following the procedure as may be prescribed in this regard, in a family which does not include the child’s biological or adoptive parents or in an unrelated family recognised as suitable for the purpose by the State Government, for a short or extended period of time.

(2) The selection of the foster family shall be based on family’s ability, intent, capacity and prior experience of taking care of children.

(3) All efforts shall be made to keep siblings together in foster families, unless it is in their best interest not to be kept together.

(4) The State Government, after taking into account the number of children, shall provide monthly funding for such foster care through District Child Protection Unit after following the procedure, as may be prescribed, for inspection to ensure well being of the children.

(5) In cases where children have been placed in foster care for the reason that their parents have been found to be unfit or incapacitated by the Committee, the child’s parents may visit the child in the foster family at regular intervals, unless the Committee feels that such visits are not in the best interest of the child, for reasons to be recorded therefore; and eventually, the child may return to the parent’s homes once the parents are determined by the Committee to be fit to take care of the child.

(6) The foster family shall be responsible for providing education, health and nutrition to the child and shall ensure the overall well being of the child in such manner, as may be prescribed.

(7) The State Government may make rules for the purpose of defining the procedure, criteria and the manner in which foster care services shall be provided for children.

(8) The inspection of foster families shall be conducted every month by the Committee in the form as may be prescribed to check the well-being of the child and whenever a foster family is found lacking in taking care of the child, the child shall be removed from that foster family and shifted to another foster family as the Committee may deem fit.

(9) No child regarded as adoptable by the Committee shall be given for long-term foster care.

d. After Care
“Aftercare” means making provision of support, financial or otherwise, to persons, who have completed the age of eighteen years but have not completed the age of twenty-one years, and have left any institutional care to join the mainstream of the society;

Sec 46. Any child leaving a child care institution on completion of eighteen years of age may be provided with financial support in order to facilitate child’s re-integration into themainstream of the society in the manner as may be prescribed.