39. Process of rehabilitation and social re-integration.—(1) The process of rehabilitation and
social integration of children under this Act shall be undertaken, based on the individual care plan of the
child, preferably through family based care such as by restoration to family or guardian with or without
supervision or sponsorship, or adoption or foster care:
Provided that all efforts shall be made to keep siblings placed in institutional or non-institutional care,
together, unless it is in their best interest not to be kept together.
(2) For children in conflict with law the process of rehabilitation and social integration shall be
undertaken in the observation homes, if the child is not released on bail or in special homes or place of
safety or fit facility or with a fit person, if placed there by the order of the Board.
(3) The children in need of care and protection who are not placed in families for any reason may be
placed in an institution registered for such children under this Act or with a fit person or a fit facility, on a
temporary or long-term basis, and the process of rehabilitation and social integration shall be undertaken
wherever the child is so placed.
(4) The Children in need of care and protection who are leaving institutional care or children in
conflict with law leaving special homes or place of safety on attaining eighteen years of age, may be
provided financial support as specified in section 46, to help them to re-integrate into the mainstream of
the society.
40. Restoration of child in need of care and protection.—(1) The restoration and protection of a
child shall be the prime objective of any Children’s Home, Specialised Adoption Agency or open shelter.
(2) The Children’s Home, Specialised Adoption Agency or an open shelter, as the case may be, shall
take such steps as are considered necessary for the restoration and protection of a child deprived of his
family environment temporarily or permanently where such child is under their care and protection.
(3) The Committee shall have the powers to restore any child in need of care and protection to his
parents, guardian or fit person, as the case may be, after determining the suitability of the parents or
guardian or fit person to take care of the child, and give them suitable directions.
Explanation.—For the purposes of this section, “restoration and protection of a child” means
restoration to—
(a) parents;
(b) adoptive parents;
(c) foster parents;
(d) guardian; or
(e) fit person.
2
[(4) The Committee shall submit a quarterly report regarding restored, dead and runaway children to
the State Government and the District Magistrate in such form as may be prescribed.]
41. Registration of child care institutions.—(1) Notwithstanding anything contained in any other
law for the time being in force, all institutions, whether run by a State Government or by voluntary or
non-governmental organisations, which are meant, either wholly or partially, for housing children in need
of care and protection or children in conflict with law, shall, be registered under this Act in such manner
1. Ins. by Act 23 of 2021, s. 12 (w.e.f. 1-9-2022).
2. Ins. by Act 23 of 2021, s. 13, (w.e.f. 1-9-2022).
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as may be prescribed, 1
[***] regardless of whether they are receiving grants from the Central Government
or, as the case may be, the State Government or not:
Provided that the institutions having valid registration under the Juvenile Justice (Care and Protection
of Children) Act, 2000 (56 of 2000) on the date of commencement of this Act shall be deemed to have
been registered under this Act.
(2) At the time of registration under this section, the State Government 2
[shall, after considering the
recommendations of the District Magistrate, determine] and record the capacity and purpose of the
institution and shall register the institution as a Children’s Home or open shelter or Specialised Adoption
Agency or observation home or special home or place of safety, as the case may be.
(3) On receipt of application for registration under sub-section (1), from an existing or new institution
housing children in need of care and protection or children in conflict with law, the State Government
may grant provisional registration, within one month from the date of receipt of application, for a
maximum period of six months, in order to bring such institution under the purview of this Act, and shall
determine the capacity of the Home which shall be mentioned in the registration certificate:
Provided that if the said institution does not fulfil the prescribed criteria for registration, within the
period specified in sub-section (1), the provisional registration shall stand cancelled and the provisions of
sub-section (5) shall apply.
(4) If the State Government does not issue a provisional registration certificate within one month from
the date of application, the proof of receipt of application for registration shall be treated as provisional
registration to run an institution for a maximum period of six months.
(5) If the application for registration is not disposed of within six months by any officer or officers of
any State Government, it shall be regarded as dereliction of duty on their part by their higher controlling
authority and appropriate departmental proceedings shall be initiated.
(6) The period of registration of an institution shall be five years, and it shall be subject to renewal in
every five years.
(7) The State Government may, after following the procedure as may be prescribed, cancel or
withhold registration, as the case may be, of such institutions which fail to provide rehabilitation and
reintegration services as specified in section 53 and till such time that the registration of an institution is
renewed or granted, the State Government shall manage the institution.
(8) Any child care institution registered under this section shall be duty bound to admit children,
subject to the capacity of the institution, as directed by the Committee, whether they are receiving grants
from the Central Government or, as the case may be, the State Government or not.
(9) Notwithstanding anything contained in any other law for the time being in force, the inspection
committee appointed under section 54, shall have the powers to inspect any institution housing children,
even if not registered under this Act to determine whether such institution is housing children in need of
care and protection.
42. Penalty for non-registration of child care institutions.—Any person, or persons, in-charge of
an institution housing children in need of care and protection and children in conflict with law, who fails
to comply with the provisions of sub-section (1) of section 41, shall be punished with imprisonment
which may extend to one year or a fine of not less than one lakh rupees or both:
Provided that every thirty days delay in applying for registration shall be considered as a separate
offence.
1. The words “, within a period of six months from the date of commencement of this Act,” omitted by Act 23 of 2021, s. 14,
(w.e.f. 1-9-2022).
2. Subs by s. 14, ibid., for “shall determine” (w.e.f. 1-9-2022).
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43. Open shelter.—(1) The State Government may establish and maintain, by itself or through
voluntary or non-governmental organisations, as many open shelters as may be required, and such open
shelters shall be registered as such, in the manner as may be prescribed.
(2) The open shelters referred to in sub-section (1) shall function as a community based facility for
children in need of residential support, on short-term basis, with the objective of protecting them from
abuse or weaning them, or keeping them, away from a life on the streets.
(3) The open shelters shall send every month information, in the manner as may be prescribed,
regarding children availing the services of the shelter, to the District Child Protection Unit and the
Committee.
44. Foster care.—(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 therefor; 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.
45. Sponsorship.—(1) The State Government shall make rules for the purpose of undertaking various
programmes of sponsorship of children, such as individual to individual sponsorship, group sponsorship
or community sponsorship.
(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;
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(iv) where parents are incapacitated due to accident and unable to take care of children both
financially and physically.
(3) The duration of sponsorship shall be such as may be prescribed.
(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.
46. After care of children leaving child care institution.—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 the mainstream of the society in the manner as may be prescribed.
47. Observation homes.—(1) The State Government shall establish and maintain in every district or
a group of districts, either by itself, or through voluntary or non-governmental organisations, observation
homes, which shall be registered under section 41 of this Act, for temporary reception, care and
rehabilitation of any child alleged to be in conflict with law, during the pendency of any inquiry under
this Act.
(2) Where the State Government is of the opinion that any registered institution other than a home
established or maintained under sub-section (1), is fit for the temporary reception of such child alleged to
be in conflict with law during the pendency of any inquiry under this Act, it may register such institution
as an observation home for the purposes of this Act.
(3) 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 an observation home may be
granted or withdrawn.
(4) 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 to the child’s age and gender,
after giving due consideration to physical and mental status of the child and degree of the offence
committed.
48. Special homes.—(1) The State Government may establish and maintain either by itself or through
voluntary or non-governmental organisations, special homes, which shall be registered as such, in the
manner as may be prescribed, in every district or a group of districts, as may be required for rehabilitation
of those children in conflict with law who are found to have committed an offence and who are placed
there by an order of the Juvenile Justice Board made under section 18.
(2) The State Government may, by rules, 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 a child, and the circumstances under which, and the manner in which, the
registration of a special home may be granted or withdrawn.
(3) The rules made under sub-section (2) may also provide for the segregation and separation of
children found to be in conflict with law on the basis of age, gender, the nature of offence committed by
them and the child’s mental and physical status.
49. Place of safety.—(1) The State Government shall set up atleast one place of safety in a State
registered under section 41, so as to place a person above the age of eighteen years or child in conflict
with law, who is between the age of sixteen to eighteen years and is accused of or convicted for
committing a heinous offence.
(2) Every place of safety shall have separate arrangement and facilities for stay of such children or
persons during the process of inquiry and children or persons convicted of committing an offence.
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(3) The State Government may, by rules, prescribe the types of places that can be designated as place
of safety under sub-section (1) and the facilities and services that may be provided therein.
50. Children’s Home.—(1) The State Government may establish and maintain, in every district or
group of districts, either by itself or through voluntary or non-governmental organisations, Children’s
Homes, 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.
(2) The State Government shall designate any Children’s Home as a home fit for children with special
needs delivering specialised services, depending on requirement.
(3) The State Government may, by rules, provide for the monitoring 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.
51. Fit facility.—(1) The Board or the Committee shall recognise a facility being run by a
Governmental organisation or a voluntary or non-governmental organisation registered under any law for
the time being in force to be fit to temporarily take the responsibility of a child for a specific purpose after
due inquiry regarding the suitability of the facility and the organisation to take care of the child in such
manner as may be prescribed.
(2) The Board or the Committee may withdraw the recognition under sub-section (1) for reasons to be
recorded in writing.
52. Fit person.—(1) The Board or the Committee shall, after due verification of credentials,
recognise any person fit to temporarily receive a child for care, protection and treatment of such child for
a specified period and in the manner as may be prescribed.
(2) The Board or Committee, as the case may be, may withdraw the recognition granted under subsection (1) for reasons to be recorded in writing.
53. Rehabilitation and re-integration services in institutions registered under this Act and
management thereof.—(1) The services that shall be provided, by the institutions registered under this
Act in the process of rehabilitation and re-integration of children, shall be in such manner as may be
prescribed, which may include—
(i) basic requirements such as food, shelter, clothing and medical attention as per the prescribed
standards;
(ii) equipment such as wheel-chairs, prosthetic devices, hearing aids, braille kits, or any other
suitable aids and appliances as required, for children with special needs;
(iii) appropriate education, including supplementary education, special education, and appropriate
education for children with special needs:
Provided that for children between the age of six to fourteen years, the provisions of the Right of
Children to Free and Compulsory Education Act, 2009 (35 of 2009) shall apply;
(iv) skill development;
(v) occupational therapy and life skill education;
(vi) mental health interventions, including counselling specific to the need of the child;
(vii) recreational activities including sports and cultural activities;
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(viii) legal aid where required;
(ix) referral services for education, vocational training, de-addiction, treatment of diseases where
required;
(x) case management including preparation and follow up of individual care plan;
(xi) birth registration;
(xii) assistance for obtaining the proof of identity, where required; and
(xiii) any other service that may reasonably be provided in order to ensure the well-being of the
child, either directly by the State Government, registered or fit individuals or institutions or through
referral services.
(2) Every institution shall have a Management Committee, to be set up in a manner as may be
prescribed, to manage the institution and monitor the progress of every child.
(3) The officer in-charge of every institution, housing children above six years of age, shall facilitate
setting up of children’s committees for participating in such activities as may be prescribed, for the safety
and well-being of children in the institution.
54. Inspection of institutions registered under this Act.—(1) The State Government shall appoint
inspection committees for the State and district, as the case may be, for all institutions registered or
recognised to be fit under this Act for such period and for such purposes, as may be prescribed.
(2) Such inspection committees shall mandatorily conduct visits to all facilities housing children in
the area allocated, at least once in three months in a team of not less than three members, of whom at least
one shall be a woman and one shall be a medical officer, and submit reports of the findings of such visits
within a week of their visit, to the 1
[District Magistrate], for further action.
(3) On the submission of the report by the inspection committee within a week of the inspection,
appropriate action shall be taken within a month by the 2
[District Magistrate] and a compliance report
shall be submitted to the State Government.
55. Evaluation of functioning of structures.—(1) The Central Government or State Government
3
[or District Magistrate] may independently evaluate the functioning of the Board, Committee, special
juvenile police units, registered institutions, or recognised fit facilities and persons, at such period and
through such persons or institutions as may be prescribed by that Government.
(2) In case such independent evaluation is conducted by both the Governments, the evaluation made
by the Central Government shall prevail.