Code
“1) The process of rehabilitation and social integration of children under this Act shall be undertaken, based on the individual care plan of the child, preferably through family based care such as by restoration to family or guardian with or without supervision or sponsorship, or adoption or foster care:
Provided that 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 kept together.
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For children in conflict with law the process of rehabilitation and social integration shall be undertaken in the observation homes, if the child is not released on bail or in special homes or place of safety or fit facility or with a fit person, if placed there by the order of the Board.
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The children in need of care and protection who are not placed in families for any reason may be placed in an institution registered for such children under this Act or with a fit person or a fit facility, on a temporary or long-term basis, and the process of rehabilitation and social integration shall be undertaken wherever the child is so placed.
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The children in need of care and protection who are leaving institutional care or children in conflict with law leaving special homes or place of safety on attaining eighteen years of age, may be provided financial support as specified in section 46, to help them to re-integrate into the mainstream of the society.”
Explanation
Section 39 of the Juvenile Justice (Care and Protection of Children) Act, 2015 outlines the guiding framework for the rehabilitation and social reintegration of children—whether they are in need of care and protection or in conflict with the law. This provision emphasizes a child-centered approach, encouraging family-based care whenever possible and ensuring individual care plans tailored to each child’s specific needs.
The law also mandates efforts to keep siblings together, recognizes the role of observation/special homes, fit persons, and fit facilities in rehabilitation, and supports children aging out of institutional care by providing them financial assistance under Section 46.
Key Points:
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Rehabilitation is based on a personalized individual care plan.
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Preference is given to family-based care: restoration, adoption, or foster care.
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Siblings should be placed together unless it’s not in their best interests.
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Children in conflict with the law are to be rehabilitated through observation or special homes.
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Institutional care is a fallback when family-based options are unavailable.
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Children aging out at 18 may receive financial assistance for reintegration.
Illustration
Example 1: A 12-year-old girl rescued from a trafficking ring is placed with a foster family and provided psychosocial counseling and educational support, as part of her individual care plan under Section 39.
Example 2: Two brothers placed in a registered child care institution are kept in the same facility to preserve their sibling bond, unless assessed otherwise by the child welfare committee.
Example 3: A 17-year-old boy, once in conflict with the law and released from a special home at 18, receives support from the state to pursue vocational training and live independently, as per Section 46.
Common Questions and Answers
Q1: What is an “individual care plan”?
A: It is a personalized plan developed for each child to address their rehabilitation, education, health, emotional and psychological needs.
Q2: Are siblings always kept together?
A: As per the law, yes—unless it is deemed against their best interests by the authorities.
Q3: What options are available if family restoration isn’t possible?
A: The child may be placed in foster care, adopted, or housed in registered institutions or with fit persons/facilities.
Q4: Is there any support after a child turns 18?
A: Yes. Children who leave institutional care or special homes at 18 may receive financial support under Section 46 for reintegration into society.
Q5: Can a child in conflict with the law be placed with a family?
A: Generally, they are placed in observation or special homes unless granted bail or found suitable for placement with a fit person or fit facility by the Juvenile Justice Board.
Conclusion
Section 39 of the Juvenile Justice Act is vital to ensuring the successful rehabilitation and social reintegration of vulnerable children. It reflects a rights-based approach with a clear focus on the child’s best interest, familial bonds, and long-term support for independent living.
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