Legal provisions regarding procedure for sending a juvenile or child outside the jurisdiction under Section 79 of the Juvenile Justice (Care and Protection of Children) Act, 2000.
(1) In the case of a juvenile or a child whose ordinary place of residence lies outside the jurisdiction of the competent authority, and if the competent authority considers it necessary to take action under Section 50 of the Act, it shall direct a probation officer to make enquiries as to the fitness and willingness of the relative or other person to receive the juvenile or the child at the ordinary place of residence, and whether such relative or other fit person can exercise proper care and control over the juvenile or the child.
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(2) Where a juvenile or a child is ordered to be sent to the ordinary place of residence or to a relative or fit person, execution of a bond by the juvenile or child without any surety, in Form VI, is necessary along with an undertaking by the said relative or fit person in Form V or EX as the case may be.
(3) Any breach of a bond or undertaking or of both given under sub-rule (2) of this rule, shall render the juvenile liable to be brought before the competent authority, who may make an order directing the juvenile to be sent to an institution home.
(4) Any juvenile or a child, who is a foreign national and who has lost contact with his family shall also be entitled for protection.
(5) The juvenile or the child, who is a foreign national, shall be repatriated, at the earliest, to the country of his origin in co-ordination with the Ministry of External Affairs and respective Embassy or High Commission.
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(6) Board or Committee shall keep the Ministry of External Affairs informed about repatriation of every juvenile or child of foreign nationality carried out on the orders of the Board or Committee.
(7) A copy of the order passed by the competent authority under Section 50 shall be sent to:
(a) The probation officer who was directed to submit a report under sub-rule (1);
(b) The probation officer, if any, having jurisdiction over the place where the juvenile or the child is to be sent;
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(c) The competent authority having jurisdiction over the place where the juvenile or the child is to be sent; and
(d) The relative or the person who is to receive the juvenile or the child.
(8) During the pendency of the order under sub-rule (4), the juvenile or the child shall be sent by the competent authority to an observation home or children home as the case may be.
(9) Where the competent authority considers it expedient to send the juvenile or the child back to his ordinary place of residence under Section 50, the competent authority shall inform the relative or the fit person, who is to receive the juvenile or the child accordingly, and shall invite the said relative or fit person to come to the home, to take charge of the juvenile or the child on such date, as may be specified by the competent authority.
(10) The competent authority inviting the said relative or fit person under sub-rule (8) may also direct, if necessary, the payment to be made by the officer-in-charge of the home, of the actual expenses of the relative or fit person’s journey both ways, by the appropriate class and the juvenile’s or child’s journey from the home to his ordinary place of residence, at the time of sending the juvenile or the child.
(11) If the relative or the fit person fails to come to take charge of the juvenile or the child on the specified date, the juvenile or the child shall be taken to his ordinary place of residence by the escort of the observation home and in the case of a girl, at least one escort shall be a female.