Rehabilitation and Social Reintegration

In one line

Rehabilitation proceeds on an individual care plan and preferably through family based care, siblings are kept together, every institution housing children must be registered on pain of a one lakh minimum fine, and foster care, sponsorship and after care are regulated in detail.

In the wording a student can write in an exam: section 39(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015 provides that the process of rehabilitation and social integration of children shall be undertaken based on the individual care plan of the child, preferably through family based care such as restoration to family or guardian with or without supervision or sponsorship, or adoption or foster care.

Section 39, the process

Sub-section (1). Rehabilitation and social integration shall be undertaken based on the individual care plan, preferably through family based care: restoration to family or guardian, with or without supervision, or sponsorship, or adoption, or foster care. The proviso: all efforts shall be made to keep siblings placed in institutional or non institutional care together, unless it is in their best interest not to be.

Sub-section (2), for children in conflict with law. In the observation home if not released on bail, or in a special home, place of safety, fit facility or with a fit person if placed there by the Board.

Sub-section (3), for children in need of care and protection not placed in families. In a registered institution, or with a fit person or fit facility, temporarily or long term.

Sub-section (4), on leaving at eighteen. Children leaving institutional care, and children in conflict with law leaving special homes or places of safety on attaining eighteen, may be provided financial support as specified in section 46.

Compare section 40 of the 2000 Act. That gave four alternatives, adoption, foster care, sponsorship and an after care organisation, as routes out. Section 39 states a preference for family based care and adds the individual care plan and the sibling rule.

Section 40, restoration

Sub-section (1). Restoration and protection of a child shall be the prime objective of any Children's Home, Specialised Adoption Agency or open shelter.

Sub-section (2). They shall take the steps necessary for the restoration and protection of a child deprived of his family environment temporarily or permanently.

Sub-section (3). The Committee has the power to restore a child to his parents, guardian or fit person, after determining their suitability to take care of him, and to give suitable directions.

The Explanation, five destinations. Restoration means restoration to (a) parents, (b) adoptive parents, (c) foster parents, (d) guardian, or (e) fit person.

Sub-section (4), inserted in 2022. The Committee shall submit a quarterly report regarding restored, dead and runaway children to the State Government and the District Magistrate.