Orders for a Child in Need of Care and Protection

In one line

The Committee may make eight orders about a child in need of care and protection, from restoration to a declaration that he is legally free for adoption, and that declaration must be made within two months for a child up to two years old and four months for an older child, by at least three members.

In the wording a student can write in an exam: by the first proviso to section 38(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015, the declaration that a child is legally free for adoption shall be made within a period of two months from the date of production of the child for children up to two years of age, and within four months for children above two years of age.

Section 37(1), the eight orders

The Committee, on being satisfied through the inquiry that the child is a child in need of care and protection, may, on consideration of the Social Investigation Report and taking into account the child's wishes if he is sufficiently mature to take a view, pass one or more of:

(a) a declaration that the child is in need of care and protection;

(b) restoration to parents, guardian or family, with or without supervision of a Child Welfare Officer or designated social worker;

(c) placement in a Children's Home, fit facility or Specialised Adoption Agency for adoption, for long term or temporary care, keeping in mind the capacity of the institution, either after concluding that the family cannot be traced, or even if traced, that restoration is not in the child's best interest;

(d) placement with a fit person for long term or temporary care;

(e) foster care orders under section 44;

(f) sponsorship orders under section 45;

(g) directions to the persons, institutions or facilities in whose care the child is placed, on care, protection and rehabilitation, including immediate shelter, medical attention, psychiatric and psychological support, need based counselling, occupational therapy or behaviour modification therapy, skill training, legal aid, educational services and other developmental activities;

(h) a declaration that the child is legally free for adoption under section 38.

Sub-section (2), three further orders. Declaration of fit persons for foster care; after care support under section 46; and any other prescribed order.

Three things to notice in section 37

The child's own wishes are a mandatory consideration. "Taking into account the child's wishes in case the child is sufficiently mature to take a view", which is principle (iii) of section 3 in an operative provision.

Clause (b) is the first order in the list after the declaration, and clause (c) is expressly the alternative. Placement in an institution requires either that the family cannot be traced or that restoration is not in the child's best interest, which is principle (xii), institutionalisation as a last resort.