Legal provisions regarding leave of absence of a juvenile or child under Rue 62 of the Juvenile Justice (Care and Protection of Children) Act, 2000.
(1) A juvenile or child in an institution may be allowed to go on leave of absence or released under supervision for examination or admission special occasions like marriage or emergencies like death or accident or serious illness in the family.
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ADVERTISEMENTS:
(2) While the leave of absence for short period generally not exceeding seven days excluding the journey time may be recommended by the Officer-in-Charge, but granting of such leave shall be by the Board or Committee.
(3) The parents or guardian of juvenile or the officer-in-charge on behalf of the juvenile or child may submit an application to the Board or Committee requesting for relieving the juvenile or child on leave, stating clearly the purpose for the leave and the period of leave.
(4) While considering the application of leave of absence, the Board or Committee shall hear the juvenile or child or the parents or guardians of the juvenile or child and if the Board or Committee considers that granting of such leave is in the interest of the juvenile or child, appropriate order shall be made and the Board or Committee may call for a report from the probation officer or child welfare officer in case the preliminary information gathered from the juvenile or child or concerned parent or guardian is not sufficient for the purpose.
(5) While issuing orders sanctioning the leave of absence or relieving under supervision, as the case may be, the competent authority shall mention the period of leave and the conditions attached to the leave order, and if any of these conditions are not complied with during the leave period, the juvenile or child may be called back to the institution.
ADVERTISEMENTS:
(6) The parent or guardian shall arrange to escort the juvenile or child from and to the institution and where this is not possible, the officer-in-charge may arrange to escort the juvenile or child to the place of the family and back.
In case the parent or guardian is willing to arrange escort but does not have requisite financial means, the officer-in-charge shall arrange for the travelling expenses as admissible under the rules.
If the juvenile or child runs away from the family during the leave period, the parent or guardian is required to inform the officer-in-charge of the institution immediately, and try to trace the juvenile or child and if found, the juvenile or child shall be brought back to the institution immediately.
(8) If the juvenile or child is not found within twenty-four hours, the officer-in-charge shall report the matter to the nearest police station and missing persons bureau, but no adverse disciplinary action shall be taken against the juvenile or child and procedure laid down under the Act shall be followed.
ADVERTISEMENTS:
(9) If the parent or guardian does not take proper care of the juvenile or child during the leave period or does not bring the juvenile or child back to the institution within the stipulated period, such leave may be refused on later occasions.
(10) If the juvenile or child does not return to the institution on expiry of the sanctioned leave, the Board or Committee shall refer the case to police for taking charge of the juvenile and bring him back to the institution.
(11) The period of such leave shall be counted as a part of the period of stay in the institution and the time which elapses after the failure of a juvenile to return to the institution with the stipulated period, shall be excluded while computing the period of his stay in the institution.