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Minimum Standards of Care within Juvenile Homes

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Minimum Standards of Care within Juvenile Homes
Minimum Standards of Care within Juvenile Homes

NATIONAL LEGAL RESEARCH DESK IS A SHAKTI VAHINI LEGAL RESEARCH INITIATIVE

Model Rules, 2007 framed under the Juvenile Justice (Care and Protection of Children) Act, 2000 [JJ Act] provide for the minimum standards of care to be maintained in the various types of Homes for children set up under the JJ Act. The salient features of the Rules are as follows-

Salient Features of Minimum Standards of Care for Institutions

1. Separate premises is to be maintained for functioning of Homes meant for juveniles in conflict with laws and children in need of care and protection.

2. Classification and segregation of children for accommodation in the Homes according to the age group preferably 7-11 years, 12-16 years and 16-18 years.

3. The building or accommodation for an institution with 50 juveniles or children shall have a total area of 8,495 Square Feet and shall have 2 dormitories, 2 classrooms, sickroom/first aid room, kitchen, dining hall, recreation room, library, 5 bathrooms, 8 toilets etc.

4. The clothing and bedding shall be as per the scale and climatic conditions.

5. The Homes shall have proper sanitation and hygiene facilities.

6. The Homes shall follow minimum nutritional standard and diet scale and should provide four meals in a day including breakfast. Juveniles or children may be provided special meals on holidays and festivals.

7. Every institution is required to ensure monthly medical check-up and provide necessary medical facilities to the inmates. Every institution is required to tie-up with the local Primary Health Centre, Government Hospital, Medical College, other Hospitals for regular visits by their doctors and students for holding periodic health within the institution. Every institution shall arrange for medical examination of each juvenile or child admitted in institution by the medical officer within 24 hours and in special cases or in medical emergencies immediately.

8. Every institution is required to provide a range of educational opportunities including mainstream inclusive schools, bridge education, open schooling, etc. An institution is also required to provide gainful vocational training and recreational facilities to all juveniles or children in the institutions.

9. Every institution is required to maintain case file of each juvenile and child inter alia containing report from the person or agency who produced the juvenile before board, information from the previous institute, information from family members and relative, health status report, social history, follow up reports etc.

10. Every institution is required to have a management committee comprising of District Child Protection Officer, Probation Officer, Medical Officer, Psychologist or Counsellor, Workshop Supervisor, Teacher, Social Worker Member of JJB or CWC, Juvenile or Child Representative. The management committee is required to meet every month to review custodial care or care in the institution, type of interventions required, medical facilities and treatment, food, water, sanitation and hygiene conditions, mental health interventions, individual problems of juveniles and children, release/pre-release or restoration/pre-restoration preparation, minimum standard of care etc.

11. Every institution is required to have a children’s committee for three different age-group of children i.e. 6-10 years, 11-15 years and 16-18 years. Such children’s Committee shall be encouraged to participate in improvement in the condition of the institutions, preparing daily routine and diet scale, reporting abuse and exploitation by peers and care givers.

12. Every institution is required to have a system for ensuring that there is no abuse, neglect and maltreatment and how to respond these.

13. The State Government is required to constitute State, District or City level Inspection Committee to oversee the conditions in the institutions and appropriateness of the processes for safety, review the standards of care and protections being followed by the institutions, look out for any incidence for violation of child rights, and make suggestions for improvement and development of institutions.

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