Managing Institutions for Juveniles in Conflict with Law and Recommendations

Managing Institutions for

Juveniles in Conflict with Law

and Recommendations and Recommendations

Institutions (Rule 16)

Section-8/ Rules-16(2), 41(2)(a): Observation Homes (While inquiry is

pending) separate for girls & boys, to be set up…..

•According to age group i.e. 7 – 12, 12 – 16 (13 - 15) and 16 – 18 yr. (16

yr. & above) giving due consideration to:

• Physical and mental status, and

• Degree of offence committed.

Section-9/ Rules-16(2), 41(2)(b) Rules-: Special Home (Committed after

completion of inquiry)

•According to age group i.e. upto 12yr., 13 – 15 and 16yr. & above (for

girls above the age of 19 & boys 11 – 15 yr. & 16 – 18 yr.)

•giving due consideration to

• Physical and mental status, and

• Degree of offence committed.

Section-2(q), 12(3): Place of Safety (While inquiry is pending)

*Any place or institution (not being the police lock/ jail), the person in-

charge of which is willing temporarily to receive & take care of juvenile

and which in the opinion of the competent authority may be a Place of

Safety for the juvenile, ……

16(1) to be kept in such place of safety and in such manner as it thinks

fit and shall report the case for the order of the State Government, ……

May make such arrangement in r/o the juvenile to be kept under

protective custody? at such place and on such conditions as it thinks fit.

Rule 40(3)

Norms for building or accommodation for an institution for JCLs and

CCLs are prescribed with no distinction

Rule 68(9)

Personnel or Staffing pattern in all the institutions whether for JCLs or

CCLs are same

(Age group, mental & physical status and the nature of offences ignored)

A distinction is made between serious (an offence which for adults,

would entail a punishment for more than seven years) and non-

serious offences (offence entailing punishment for less than 7 years

for adults).

For serious offences FIR is registered and the juvenile is

apprehended to be produced before the Juvenile Justice Board (JJB)

within 24 hours for further appropriate order.

Rehabilitation & Social Re-integration of

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within 24 hours for further appropriate order.

For offences of non-serious nature, the JWO makes a daily diary (DD)

entry and intimates the parents and forwards the information

concerning the juvenile to the Board. Child in this case is either

handed over to the family from Police Station itself or produced

before the Board for appropriate order.

Shouldn’t there be different institutional set up and distinctive care & treatment in view

of above distinction which would also help in better planning for effective rehabilitation?

Multiple Authorities

•Advisory Boards/ Inspection Committees

•State: the Nodal Department

•Juvenile Justice Boards

•Supervision Committee

DSLSA•DSLSA

•JJC, High Court

•NCPCR/ DCPCR

• Visiting Committee/ team of experts

Dispositional Order U/s 15

�Allow the juvenile to go home after advice or

admonition following inquiry and counseling.

�Direct the juvenile to participate in group

counseling and similar activities

�To perform community service�To perform community service

�Parent/s or juvenile to pay fine

�To release on probation of good conduct

�Place under care of fit person/ institution

�Send to Special Home

Rehabilitation & Social Reintegration

(Chapter-IV)

1. Adoption

2. Foster Care

3. Sponsorship, and

4. After Care Organization4. After Care Organization

What is the relation/ connection of

Dispositional Orders u/s 15 and provisions of

Rehabilitation and Social Reintegration?

Dealing with JCLs

Juvenile Justice Board

Member Social Worker

Principal Magistrate

Member Social Worker

Board Supporting

Officials

Probation Public


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Probation Officer

Naib Court/ Other Police

Officers

Juvenile Welfare Officer

Legal Aid Counsel

Public Prosecutor

Child/

JuvenileFamily/

relative

concerned

Family/

relatives in

other

matter(s)

Witness/

evidence/

victim(s)

Private

Advocates

How do we communicate with the child and others in his

presence ?

(during proceedings, investigation and his stay in the

institution )


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Communication matters!

Communication matters!

Waiting Hall at JJB

Production before JJB

CCI/ Home/ Restoration

Stages and the number of persons that a child (who is in

despair/ trauma/ fearful/ conflict) has to listen & respond?

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A child comes in contact with Police (JWO)/ apprehension

Information to Probation Officer (Para Counselor)

Information to Family/ Guardian/ relatives

Counsel for Legal Assistance

Waiting Hall at JJB

Medical assistance/ Counseling, if required

Interaction with Juvenile Welfare Officer:

Social Background Report (SBR) which includes the following:

1. Circumstances of the offence reported/ committed

2. Alleged indulgence of juvenile in the offence

3. Involvement of adult perpetrator

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3. Involvement of adult perpetrator

4. Family structure

5. Socio-economic condition of family/ community

(throughout the investigation till the matter is disposed off)

Interaction with/ intervention of Probation Officer

Social Investigation Report (SIR) which includes the following:

1. Juvenile’s personal profile: mental, physical condition (past &

present), habits, interests, personality traits, outstanding

characteristics

2. Family structure and antecedents, delinquency records

3. Socio-economic status, factors influencing juvenile’s development


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3. Socio-economic status, factors influencing juvenile’s development

4. attitude towards religion, ethics, school i.e. teachers, classmates

5. Companions/ peer influence, truancy, work history

6. Neighborhood & Neighbors report

7. Parents’ attitude towards discipline and juvenile’s reaction

8. Suggested causes of the problem and analysis of juvenile’s deviant

and delinquent behavior

9. Opinion of experts consulted

10. Recommendation regarding treatment and its plan by Probation

Officer

Interaction with/ intervention of Welfare Officer in CCI

Making Case profile (Case files):

1. Juvenile’s particular i.e. Face Sheet

2. Preliminary observation report

3. Counseling & Guidance enabling adjustment in the institutional

environment and cooping with co-residents

4. Immediate care & management

5. Problem analysis and remedial recommendation


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5. Problem analysis and remedial recommendation

6. Behavioral observations

7. Planning for his engagement in institutional activities in view of his

interest, habits and developmental aspects: Creativity, sports,

music, arts, performances

8. Skill development & Vocational guidance, education

9. Health care

10. Family contact and visit plan

11. Follow up/ progress report

Interaction with/ intervention of Welfare /Probation Officer in CCI

Individual Care Plan (FORM XXI):

1. Personal details (including summery of Case history)

2. Fortnightly progress Report (in case of juvenile placed under

supervision).

It includes educational, training, work employment, earning,

savings Bank/ Post Office Account detail, general conduct &

progress, relationship with family etc.


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progress, relationship with family etc.

1. Pre-Release Report: institutional care history, training, skill &

education acquired, rehabilitation plan including possible

placements, sponsorship requirement, linkages with NGOs in his

residence for follow up, earning, awards and opinion of the child

final progress report & recommendation of the Officer-in-Charge/

Welfare Officer/ Probation Officer etc.

2. Post-Release Report: Status of Bank/ Post Office Account (closed/

transferred), Earning-belongings handing over, placement record,

family attitude, use of skill acquired, school admission, follow up,

recommendation.

Interaction with/ intervention of other Care Givers/ Duty Bearers:

1. Medical Officer and Para medical staffs for health Care, treatment

2. Counselor for socio-psychological intervention, behavioral

modification, personality/ cognitive development

3. Psychiatric/ clinical psychologist’s intervention in case

recommended for psycho-diagnostic profile, intelligence

So, are we promoting participation of juveniles in his welfare &

rehabilitation and social reintegration process or exposing him to a

traumatizing intervention?

recommended for psycho-diagnostic profile, intelligence

assessment, treatment of psychological disorders.

4. Special Educator, trainer, Vocational Instructors

5. Sports Guide

6. Legal support Officers/ Legal aid counselors

7. Members of Inspection Committee, Management Committee,

Advisory Committee

8. Care Givers of the Child Care Institutions

Reformative & rehabilitative

Mapping the progress of the child

Integration with family/ Society

Process of Rehabilitation (U/s 40)


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Social Investigation Report (JCL)

Individual Care Plan

rehabilitative support

Confidence building

positive interaction

(non-interrogative)

Home Study

Report (CNCP)

Some Recommendations:

1. Restructuring of Juvenile Homes:

Building Design: Dormitories to be replaced by small room

(hostel rooms),

Facilities and staffing patterns to be based on the age group

specific needs, physical & mental status and nature of

offence alleged.offence alleged.

2. Creation of After Care Home/ an Institution for above 18

years.

3. Manuals for each category of Institutions with safeguard

provisions for the staffs in case of unrest taken place and

mechanisms to deal with habitually exhibiting unruly

behaviors .

4. Strengthening coordination between Juvenile Justice

Boards and the Institution,

5. At least once in a month, sitting of the Board may be

held in the Institution,

6. Board should hold its sitting in the manner so it is

apparent that it is different from functioning of the

regular Court.

Can it be a round the table allowing all concerned

to have seats to sit that a juvenile also learns respecting

officials and elders in the family & society?

Strengthen Probation services

by creating separate Probation Unitsby creating separate Probation Units

Government & Nonprofit

Managing Institutions for Juveniles in Conflict with Law and Recommendations