Act Number: 2

Act Name: The Juvenile Justice (Care and Protection of Children) Act, 2015.

Year: 2016

Enactment Date: 2015-12-31

Long Title: An Act to consolidate and amend the law relating to children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social re-integration, by adopting a child-friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation through processes provided, and institutions and bodies established, herein under and for matters connected therewith or incidental thereto.

Ministry: Ministry of Women and Child Development

Department:

Section 37: Orders passed regarding a child in need of care and protection.
    (1) The Committee on being satisfied through the inquiry that the child before the Committee is a child in need of care and protection, may, on consideration of Social Investigation Report 1[***] 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, namely:--
         (a) declaration that a child is in need of care and protection;
         (b) restoration of the child to parents or guardian or family with or without supervision of Child Welfare Officer or designated social worker;
         (c) placement of the child in Childrens Home or fit facility or Specialised Adoption Agency for the purpose of adoption for long term or temporary care, keeping in mind the capacity of the institution for housing such children, either after reaching the conclusion that the family of the child cannot be traced or even if traced, restoration of the child to the family is not in the best interest of the child;
         (d) placement of the child with fit person for long term or temporary care;
         (e) foster care orders under section 44;
         (f) sponsorship orders under section 45;
         (g) 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, occupational therapy or behaviour modification therapy, skill training, legal aid, educational services, and other developmental activities, as required, as well as follow-up and coordination with the District Child Protection Unit or State Government and other agencies;
         (h) declaration that the child is legally free for adoption under section 38.
     (2) The Committee may also pass orders for
         (i) declaration of fit persons for foster care;
         (ii) getting after care support under section 46 of the Act; or
         (iii) any other order related to any other function as may be prescribed.
Notes:
1. The words "submitted by Child Welfare Officer" omitted by Act 23 of 2021, s. 11 (w.e.f. 1-9-2022).
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