Convergent approach under ICPS and J&K JJ Act 2013

ICPS is a Government - Civil Society Partnership Integrated Child Protection Scheme (ICPS) is an initiative of Government of India which combines its various existing Child Protection Schemes under one integrated scheme with the primary aim of establishing a safety net of dedicated and quality personnel, structures and services for Child Protection across the country. It aims to provide for care and protection of all the children in need of care and protection and children in conflict with law.

ICPS target Group Children in need of care and protection (CNCP) including, but not limited, to: Orphans, abandoned & destitute children Missing or run-away children Street & working children Abused, tortured and exploited children Children indulging in substance abuse Children affected by HIV/AIDS Children affected by natural calamities, emergencies and man made disasters Children with disabilities Child beggars Children suffering from terminal/incurable disease Children of potentially vulnerable families and families at risk, Children of socially excluded groups like migrant families, Families living in extreme poverty, Trafficked or sexually exploited children, Children of prisoners As defined in Sec 2 (e) of Jammu & Kashmir Juvenile Justice (Care and protection of Children) Act 2013

ICPS target Group Children in conflict with law (CCL) Children who is alleged to have committed an offence and has not completed 18 yrs of age as on the date of commission of such offence. As per Sec 2 (n) J&K JJ Act 2013. Children in contact with law As a victim or witness

Program Components of ICPS Structures that deals with both CNCP & CCL Under this component, the Scheme supports setting up of: State Child Protection Society District Child Protection Unit District , Block and Village Level Child Protection Committee

Program Components of ICPS Programs for Children in Need of Care & Protection (CNCP): Under this component, the Scheme supports setting up of: INSTITUTIONAL SERVICES Open Shelters- 24-hour Drop-in Shelters for Street Children Children’s homes After-care Organisations Cradle Baby Reception Centers OTHER SERVICES Child Welfare Committees (CWCs) CHILDLINE Service Family based non institutional care Sponsorship

Program Components of ICPS Programs for Children in conflict with law (CCL): Under this component, the Scheme supports setting up of: INSTITUTIONAL SERVICES Observation Homes Special Homes OTHER SERVICES Juvenile Justice Boards (JJBs) Special Juvenile Police Units (SPJU)

J&K Juvenile Justice ( Care and Protection) of Children Act 2013 Structures under the J&K JJ Act 2013, JJ Rules, 2014 & ICPS Selection-cum-Oversight Committee (SCOC): Rule 89 State Child Protection Society (SCPS): Rule 79 (1) Child Welfare Committee (CWC): Sec 30 of Act & Rule 80 Juvenile Justice Board (JJB): Sec 4 of Act & Rule 81 District Child Protection Unit (DCPU): Sec 61 of Act & Rule 79 (2) State Juvenile Police Unit/Child/Juvenile welfare Officer (SJPU/J/CWO): Sec 62 of Act & Rule 82

State Child Protection Society -structure (1) Steering Committee: constitution Honourable Chief Minister of the State (Chairperson) Honourable Minister for Social Welfare (Member Secretary/Convenor) ) Honourable Minister for Finance (Member) Honourable Minister for Planning (Member) Honourable Minister for Law, Justice and Parliamentary Affairs Deptt. (Member) Honourable Minister for Education (Member) Honourable Minister for Home (Member) Honourable Minister for Labour & Employment (Member). Honourable Minister for Health (Member).

State Child Protection Society -structure (2) Empowered Committee: constitution Chief Secretary to Government – Chairperson. Secretary to Government, Social Welfare Department – Member Secretary/convenor Secretary, Law, Justice and Parliamentary Affairs – Member Secretary, Planning and Development – Member Secretary Finance – Member Secretary, Home Department – Member Secretary, Labour and Employment – Member Secretary, Health Department – Member Secretary, Education Department – Member Director Mission – (To be nominated by the Government) – Member Director, Social Welfare Department, Jammu – Member Director, Social Welfare Department, Kashmir – Member Programme Manager – Child Protection - Staff Member Programme Manager – Training, IEC and Advocacy - Staff Member Three Representatives from NGOs representing child welfare issues

State Child Protection Society -structure (3) Staff of SCPS : constitution Programme Manager - Child Protection Programme Manager - Training, IEC and Advocacy Programme Officer – Juveniles in Conflict with Law (JCL) Programme Officer – Children in need of Care and Protection (CNCP) Programme Officer - Training Programme Officer - IEC and Advocacy Accounts Officer Accountant Assistants cum Data Entry Operator Accounts Assistant

Role of State Child Protection Society Implementation of the J&K JJ Act 2013 and supervision and monitoring of agencies and institutions under the Act; Set up, support and monitor the DCPUs Represent SCPS as a member in the SCOC for appointment of members of JJBs and CWCs; Make necessary funds available to the DCPUs for providing or setting up of required facilities for implementation of the Act; Network and coordinate with all government departments to build inter-sectoral linkages on child protection issues, including Departments of Health, Education, Social Welfare, Urban development, SC/ST, Backward Classes & Minorities, Youth Services, Police, Judiciary, Labour, State AIDS Control Society, among others;

Role of State Child Protection Society Network and coordinate with CSOs working for the effective implementation of the Act; Training and capacity building of all personnel working under the Act; Establish Quality Standards of Care and Protection and ensure its implementation in all institutions set up under the Act; Review functioning of the CWCs; Make policy recommendations to the Government pertaining to the welfare of children All other functions necessary for effective implementation of the Act.

Structure of District Child Protection Unit (DCPU)  

Role of DCPU Ensure effective implementation of J&K JJ Act 2013 at district level by supporting creation of adequate infrastructure, viz. setting up JJBs, CWCs, SJPUs and homes in each districts; Identify families at risk and children in need of care and protection; Assess the number of children in difficult circumstances and creating district-specific databases (DNA) to monitor trends and patterns of children in difficult circumstances to develop need based District Child Protection Plan Periodic and regular mapping of all child related services at district for creating a resource directory and making the information available to the CWCs and JJBs Implement family based non-institutional services including sponsorship and after care;

Role of DCPU Ensure setting up of District, Block and Village level Child Protection Committees for effective implementation of programmes and to prevent situations which makes children vulnerable Network and coordinate with all government departments to build inter-sectoral linkages at district level on child protection issues, including Departments of Health, Education, Social Welfare, Urban Development, SC/ST, Backward Classes & Minorities, Youth Services, Police, Judiciary, Labour, State AIDS Control Society, etc Develop parameters and tools for effective monitoring and supervision of agencies and institutions in the district Supervise and monitor all institutions or agencies providing residential facilities to children in district to ensure quality standards laid down in Rule 36;

Role of DCPU Train and build capacity of all personnel including CWC/JJB/SJPU/care takers of CCIs/Media/CBOs/NGOs/all departments in implementing the Act to provide effective services to children; Organize quarterly meeting with all stakeholders at district level including Childline, Officer-in-charges of homes, NGOs and members of public to review the progress and implementation of the Act; Liaison with the SJPU and DCPUs of other districts; Co-ordinate with agencies involved in tracking of missing children Co-ordinate with agencies involved in specialised services for drug de-addiction and mental health services. Co-ordination with DLSA for ensuring availability of free legal Aid to Juveniles or the Child.

Child welfare Committee (CWC) CNCP Juvenile Justice Board ( JJB ) CCL

Child Welfare Committee (Sec 30) COMPOSITON 1+4=5 The Committee consists of 5 members including a Chairperson and four other members, one of whom should be a woman & another expert on matters concerning children. CWC is the Competent Authority to dispose of cases of CNCP. They are given the power of a Bench of Magistrate and their order can be challenged only in the court.

Role of CWC Take cognizance, conduct inquiry and decide on matters related to CNCP brought before them Direct the WO/PO/NGOs to conduct social enquiry of the CNCP and submit report to CWC Take suo-moto cognizance of and reach out to such CNCP who are not in a position to be produced before CWC Ensure necessary care and protection including immediate shelter; Must ensure as far as possible child remains with the family Promote family based non institutional care (Sponsorship/SPSs) Direct WO/PO/NGOs to prepare a child care plan for every child placed in their care and protection; Ensure appropriate rehabilitation and restoration of the child and follow up the child care plan;

Role of CWC Document and maintain detailed case record along with a case summary of every case dealt by CWC Declare child free for ‘Foster Care’ Recommend ‘fit institutions’ for the care and protection of children Declare ‘fit persons’ as per Rule 67; Keep track of missing and found children in their jurisdiction; Liaison with the JJB in respect of cases needing care and protection; Liaison and network with the Police, Labour Department, NGOs and other stakeholders for rescue, restoration and rehabilitation of children

These can be day or night care open-shelter homes. I-Shelter Homes (Sec 38 of Act and Rule 34 ) Shelter homes shall function as drop-in-centers for the children in need of urgent support. These can be day or night care open-shelter homes. II-Children’s Homes (sec 35 of Act and Rule 33) For the reception of child in need of care and protection during the pendency of any inquiry and subsequently for their care, treatment, education, training, development and rehabilitation.

Juvenile Justice Board (Sec 4) COMPOSITON 1+2=3 A bench of three members comprising of a first class judicial magistrate and two social workers of whom at least one shall be a woman.

Role of JJB Adjudicate and dispose of cases of CCL Monitor institutions for CCL Liaise with the CWC in respect of a juveniles in need of care and protection; Liaise with Boards in other districts or courts, as the case may be to facilitate speedy inquiry and disposal of cases; Send monthly information about CCL produced before them to DCPU Send quarterly information to the CJM regarding the pendency of cases to enable the CJM to review the pendency of the cases of the board after every six months.

Observation Homes For the temporary reception of any JCL during the pendency of any inquiry regarding them under this act. Special Homes For reception and rehabilitation of JCL under this act.

Role of SJPU/JWO/CWO SJPU/JWO/CWO shall apprehend the juvenile only in cases of his alleged involvement in serious offences entailing a punishment of 7 years or more imprisonment for adults In cases where a CCL is involved in a non-serious offence entailing a punishment less than 7 years, apprehension may be made, if it is in the interest of such juvenile. CCL shall be sent to an observation home within 24 hours from the time of apprehension. In every case involving a CCL, the police shall submit to the JJB, a report containing social background of the juvenile and circumstances of the alleged offence along with the copy of the age memo, personal search memo within 7 days of filing of FIR.

Role of SJPU/JWO/CWO Where a CCL is not apprehended, the police/JWO/CWO shall intimate the parents /guardian of the juvenile and hand-over the custody of the juvenile to them on a written undertaking. The police shall record the Juvenile’s version of the incident If juvenile is alleged to have committed an offence entailing a punishment of less than 7 years imprisonment for adults, the police shall file its police investigation report before 60 days from the date of offence and final report before 90 days from the date of apprehension. As soon as the police comes in contact with a CCL, the designated JWO/CWO shall be informed immediately and shall take charge of the Juvenile

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