Odisha Plus Bureau 

Department of Women & Child Development, Government of Odisha has released the guideline on the subject vide its notification dated 22 March 2022.

1.  Categories of Children

  • Children residing in the prison: Includes all children in the age group of 0-6 years who are residing in the prisons with their incarcerated parent/mother.
  • Children of incarcerated parents residing in the community: Includes only those children whose parent/s have been incarcerated for a minimum period of 60 days and the child is staying outside the jail.

2.   Eligibility

  • Children between the age 0-6 years staying inside the jail with his/her mother will avail the benefits of Integrated Child Development Scheme (ICDS).
  • Period of incarceration of parent/s, whose children are staying outside and is intended to avail the benefit under the Scheme, should not be less than 60 days.
  • Children of incarcerated parents staying outside the Jail and declared as Children Need of Care and Protection (CNCP) by the Child Welfare Committee (CWC) as mentioned in Juvenile Justice Act 2015.
  • Children between ages 6-14 shall mandatorily attend Parents/caregivers will give undertaking for initiation of schooling within six months of receipt of benefit, if the child is not yet enrolled with any school.
  • Priority shall be given to the resident of Odisha for eligibility under the scheme.

3.  Support

Children residing in the prison:

  • Benefits under ICDS programs will be extended to children residing in the prison between the age group of 0 to 6 years.
  • Collectors will identify one nodal AWCs for each prison which is nearest to it for extension of these facilities. However, in case more children are housed in any prison, a temporary AWCs as per jail manual will be set up. A worker from an existing AWC in the neighborhood with lesser children will be considered for attending to the temporary AWC.
  • Children in jails shall be provided with supplementary nutrition and immunization facilities as provisioned under ICDS.
  • Children on attaining the age of 6 years may be placed with guardian/ remaining parent with the consent of the mother. Otherwise, the child may be produced before the nearest CWC for rehabilitation.
  • The concerned District Child Protection Unit (DCPU) will facilitate appropriate counselling for children and parents inside the jail.

Children of incarcerated parents residing outside the jail:

  • Children residing outside jails will be produced before the nearest/concerned If found CNCP, the child will be covered under different institutional and non- institutional care mechanisms available in the State.
  • Under Non- institutional care the child in need shall be linked to different schemes available in the State such as : Sponsorship, Biju Sishu Surakhya Yojana (BSSY) and foster care or any other scheme in force to continue to live in a family/community based Gare.
  • Based on the CWC order the child shall be placed in Child Care Institutions (CCIs) running in the State looking in to the best interest of the However, while doing this the principle of institutionalization as the last resort will be adhered to.
  • In exceptional cases support from Juvenile Justice Fund shall be given to such children based on the recommendation of Collector of the concerned district.
  • Children shall be supported to continue their education in Govt institutions.
  • The jail administration will facilitate for physical/virtual meeting/telephonic communication of the parent/s with the child at least once in a month, in coordination with the concerned DCPU.

4. Procedure to be followed

Children Inside the Jail:

  • The district/circle Jail Administration will provide quarterly information like of children, gender, age etc to the concerned DSWO to avail benefits under ICDS.
  • Jail administration will ensure the provision of psycho social and mental health services to the mother and children in coordination with the concerned Chief District Medical Officer and DCPU.

Children residing outside of the Jail:

  • Concerned police officials while taking custody of a person or the jail administration in consultation with the incarcerated parents shall analyse the care provisions available for their children and collect information about the status of
  • The Jail Administration or the police will inform DCPU and CHILDLINE and ensure the production of child/children before the CWC of the district to which the child belongs.
  • If support is not required, the police or jail administration will send a written  intimation to the CWC regarding children and their parent/guardian withing 24 hours of the custody.
  • After production of the child/children, the concerned CWC will provide the care and protection of children as per the Juvenile Justice (Care and Protection of Children) Act, 2015.
  • CWC will keep in mind that institutionalization is the last resort
  • A Social Investigation Report (SIR) shall be called by the Child Welfare Committee through the District Child Protection Unit.
  • CWC will pass appropriate orders calling for the SIR of the child within 3 days after the child is produced before CWC.
  • A case of a child shall preferably be disposed of by the CWC within 15 days of receiving the application.
  • Wherever the rehabilitation of child is essential, in terms of institutional or non- institutional care, the Child Welfare Committee will issue an appropriate order in the best interest of the child.

  • However, if the child is found eligible for financial assistant under Sponsorship or Biju Sishu Surakhya Yojana or Juvenile justice fund, the DCPO will ensure that the financial benefit will reach to the child within one month of receipt of the application/information of the child.
  • The DCPU will ensure regular coordination meeting with the stakeholders and sensitise the police and jail officials in regular interval regarding the rights of the children and facilities available for them.
  • The DCPU will provide psycho-social and mental health services to the mother and children in coordination with the concerned Chief District Medical Officer.
  • The jail administration will facilitate regular meeting of children with parent/relatives through different modes.
  • The DCPU will ensure follow up visits to the house of the care givers of the child.

5. Monitoring and evaluation

  • District Child Protection Unit shall maintain individual case file of each child covered under the The DCPU shall monitor the well- being of the children including their health, education etc.
  • The DCPU shall furnish a monthly progress report of such children who are in family/community to the OSCPS.
  • The CWC will do a periodic follow-up with the child telephonically and half yearly in- person or will designate a representative who is a child protection functionary in the concerned district to do the same.
  • CWC and DCPU should make a joint visit to the Jail quarterly to monitor the care standards of children in jail and submit the report to the District Collector.
  • Compliance of other directions on education and welfare of such children shall be carried out by OSCPS in coordination with concerned DCPU.

7. Grievance Redressal:

The Collector and District Magistrate shall be the grievance redressal authority.

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