District Magistrates to issue adoption orders vide Juvenile Justice (Care and Protection of Children) Model Amendment Rules, 2022

Central Government Notification

On 1-09-2022, the Ministry of Women and Child Development notified amendments to the Juvenile Justice (Care and Protection of Children) Model Rules, 2016 (‘Principal Rules’) which will be called as Juvenile Justice (Care and Protection of Children) Model Amendment Rules, 2022.

Key Amendments-

  • Under Rule 2(1), clause (vi a) has been inserted which provides “conflict of interest” as “a situation in which a person has a private or personal interest sufficient to appear to influence the objective exercise of his or her official duties and where such person shall be ineligible to be associated with any statutory structure defined under the Act.” In clause (xviii) under the definition of “Social worker” the experience of the Social worker in child education and development has been decreased to 3 years from 7 years.

  • Under Rule 4(3) of the Principal rule, the maximum age limit (not more than 65 years) of the Social Worker has been added i.e. all Social Worker members must be 35-65 years of age on the date of notification.

  • Under Rule 5(5), if any complaint is made against the Board Members, the State Government will hold an inquiry except in the case of judicial officers. Complaints against the judicial officer will be escalated to the Registrar of the High Court. The State Government must complete the inquiry within 2 months and take action within one month.

  • Under Rule 6 (7) A) a new sub-rule has been inserted which specifies that the Board may conduct its sitting through video conferencing, if there are constraints limiting physical movement of the child alleged to be in conflict with law or the Board Members including the Chairperson.

  • Rule 7(1) clause (v) states that the words “to the District Child Protection Unit” will be substituted by “the District Magistrate”.

  • Rule 7(1)(vi) has been substituted which deals with maintaining a suggestion box and online grievance redressal system to encourage inputs from children and adults.

  • In Rule 12(2) a new sub-rule (2A) has been inserted which specifies that the District Magistrate shall on the basis of quarterly report will examine the reason for pendency, discrepancies observed during visits to the Observation Homes and likewise made recommendations to the authority for reduction of pendency of cases before the board.

  • A new clause has been inserted to Rule 17, which ensures that children without having a legal guardian irrespective of their age will be quickly declared legally free for adoption.

  • In Rule 20 sub-rule (4) has been inserted which provides grievances arising out of functioning of the Committee may be filed by the affected child before the District Magistrate, who shall dispose of the case within 30 days.

  • In Rule 21 sub-clause (2) has been inserted which states that all the Foster Families who are willing to take children shall make an application to the State Government and also fill a declaration form which would state that they don’t have any previous conviction record or involvement in any immoral act or in an act of child abuse.

  • In Rule 24 sub-rule (2), the District Magistrate shall prepare a sponsorship plan in the district to support vulnerable children in the district.

  • Under Rule 45, sub-rule (3) has been added which states that all the pending cases of Adoption will be transferred to the DM from the commencement of these rules

  • New rule 55A has been inserted which states that if a child is being used for begging, then an immediate investigation will be taken up by the Police under section 76 of the Juvenile Justice Act and a FIR will be registered. If a child is engaged in begging and is also kidnapped for the same purpose then offenses under section 359 to 369 of Penal Code,1860 which is a cognizable offense shall also be applicable.

  • In Rule 82(A) if a child is not willing to go back home then they cannot be coerced or persuaded to go back to the family.

  • FORM 16 A has been inserted which specifies Monthly Report by Child Welfare Committee.

*Disha Srivastava, Publication Assistant has reported this brief.

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