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Forensic Psychiatry > JJA > Flashcards

JJA Flashcards

1
Q

Year

A

2015

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2
Q

Full form

A

Juvenile Justice (Care and Protection of Children) Act (JJ Act), 2015

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3
Q

JJA replaced

A

has replaced the pre-existing Indian Juvenile Delinquency law, and Juvenile Justice (Care and Protection of Children) Act, 2000.

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4
Q

When received assent, came into force on

A
  1. 31 dec 2015, 15 Jan 2016
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5
Q

Individual risk and protective factors for juvenile delinquency

A

▪ Earlyantisocialbehaviour
▪ Emotionalfactorssuchaslowbehavioral
inhibitions
▪ Poor cognitive development
▪ Hyperactivity
▪ Poor academic performance

Protective
▪ Positive social skills
▪ Willingnesstopleaseadults ▪ HighIQ
▪ Religiousaffiliatio

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6
Q

Family risk and protective factors for juvenile delinquency

A
  1. Home discord
  2. abuse
  3. faulty parenting
  4. Largefamilysize
  5. Parental antisocial history
  6. Poverty
  7. Divorce
  8. Parental mental illness
  9. Teenage parenthood
  10. A high level of parent-childconflict
  11. low positive parental involvement

Protective
▪ Participation in activities with family (including siblings and parents)
▪ Providingaforumtodiscussproblems and issues with parents
▪ Availabilityofeconomicandother resources to help children have multiple positive experiences
▪ Thepresenceofanadult(withapositive outlook and hope for the child) in the family/extended family who can mentor and be supportiv

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7
Q

Peers risk and protective factors for juvenile delinquency

A

▪ Spending time with peers who engage in delinquent or risky behaviour
▪ Ganginvolvement
▪ Less exposure to positive social opportunities
because of bullying and rejection

Protective factors

▪ Positive and healthy friendships Engagement in healthy and safe activities with peers during leisure time (e.g., clubs, sports, other recreation)

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8
Q

School neighborhood and community risk and protective factors- juvenile delinquency

A

RISK
1. unsafe schools and those who fail to address the academic, social and emotional needs of children and youth
2. Low educational aspirations & social disorganization in the community
3. impoverished neighborhood
4. High crime neighborhoods
▪ protective
1. School addressing academic needs, their socio-emotional needs and learning
2. Schools with safe env
3. Acommunity/neighborhoodthat
promotes and fosters healthy activities for children and adolescents

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9
Q

(Hague Adoption Convention)

A

The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption 1993

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10
Q

, JJA 2015 has three essential components

A
  1. Children who are in conflict with law
  2. Children who need care and protection
  3. Legal adoption procedures of children
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11
Q

JUVENILE DELINQUENCY
definition

A

is an act of committing a criminal offence by a person who has not completed 18 years of age. I

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12
Q

Extent of the problem

A
  • 37.8% of all crimes involving juveniles were of offences affecting human body that includes hurt and grievous hurt (49.7%), rape (10.3%) and assault on women to outrage her modesty (10%).
  • 37% of juvenile crimes were against property. Of them, theft constituted for 72.9% followed by burglary and robbery accounting for 17.8% and 5.8% respectively.
  • Cases under the Protection of Children from Sexual Offences Act (POCSO), 2012 accounted for 51.2 % of the cases under Special and local law
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13
Q

PRELIMINARY ASSESSMENT

A

if a heinous offence allegedly has been done by a child < or = 16yr, Juvenile justice board does a prelim assessments for
1. mental and physical capacity to commit such offense
2. ability to understand the consequences of offence
3. circumstances in which it was done

a. not a trial
b. can be done by JJB/ psychiatrists, PSWS, psychologisys
c. principle of “presumption of innocence” i.e., any child shall be presumed to be an innocent of any mala fide (criminal intent) up to the age of 18 years.
d. to be done within 3 months
e.f the JJB concludes that a juvenile should be tried as an adult based on the preliminary assessment and owing to the nature of criminal allegations, then the JJB will pass an order that the child must tried as an adult assigning reason for the same
f. “fair trial”, a child- friendly atmosphere must be ensured looking into his or her special needs during the preliminary assessment

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14
Q

Three important documents crucial for preliminary assessment

A
  1. Social Investigation Report
  2. Social Background Report
  3. Preliminary Assessment
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15
Q

Social Investigation Report

A

info about details of crime, sociodemographic of child, psychosocial and relevant factors, parenting

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16
Q

Social Background report

A

statement of witnesses and other documents produced during the investigation by Child welfare Police officer, special juvenile police unit within one month of CCL produced to JJB

17
Q

Preliminary assessment has to be weighed on the following five factors.

A

A Mental capacity
B Physical capacity
C Ability to understand the consequences of the offences
D The circumstances under which the alleged offence was committed
E Criminogenic factors

18
Q

Role of mental health professional in preliminary assessment

A

ne as a forensic expert/specialist and the other as child or mental health specialist.

19
Q

MHP as forensic expert

A

1, making assessment report
2. must understand the structure of JJB and CWC
3. identify stakeholders and communicate with them for needs and rights of children
4. seek background info from social investigate report
5. communicate regarding child’s treatment and follow up as required

20
Q

Role as a clinician/child mental health specialist

A

To minimize risk factors by using various psychotherapeutic elements.
1. impulsivity
2. replacing avoidant coping with pro social coping like confrontation and help seeking
3. To improve social perspective-taking skills,
4.Critical reasoning to aid juveniles in the process of pro-social decision-making by challenging rigid and dichotomous thinking.

To increase protective factors
1. making right choices and planning
2. having non delinquent friends
3. meaningful daytime and appropriate leisure activity
4. good relationships with parents
5. skills training
6. positive parental involvement (positive parenting and parental rewards)
7. Positive feedback, behavioral exercises, homework assignments, and positive (parental) reinforcement
8. Techniques such as modeling, positive reinforcement, coaching, and role-playing are frequently used.

21
Q

Role of a Psychiatrist in sensitization of stakeholders at individual and systems level

A

A. challenges
1. attitudinal barrier: paternalistic, preconceived notions and prejudices
2. judgement and levelling
3. Lack of experience and sense of inadequacy in handling CCL

B. Strategies
1. Childs dignity is no 1 priority
2. sensitise about complex interplay of child’s psyche and unmet environmental needs and its impact on behaviour
3. activity based learning > knowledge imparting

22
Q

Role of a Psychiatrist in sensitization of stakeholders at community level

A

Barriers
1. Stigma, discrimination and marginalization of juvenile offenders
* Poor coordination and cooperation amongst schools, Panchayat, local NGOs and other
stakeholders

Strategies
1. school programs for teachers, parents, children
2. sensitise police personnel
3. training and capacity building of MHPS in assessment, reporting etc
4. training and capacity building of NGOs and DMHP teams
5. workshops for community leaders
6. integrating with RKSK
7. identify and target high risk communities

23
Q

JJB
1. structure

A

The State Government shall constitute one or more Juvenile Justice Boards for every district, for exercising the powers and discharging its functions relating to CCL under JJA 2015.

A Board shall consist of

  1. One Metropolitan Magistrate or a Judicial Magistrate of First Class not being Chief Metropolitan Magistrate or Chief Judicial Magistrate with at least three years’ experience
    *
  2. Two social workers (at least one shall be a woman) who are actively involved in health, education, or welfare activities pertaining to children for at least seven years or a practicing professional with a degree in child psychology, psychiatry, sociology or law.
24
Q

JJB ORDERS

A
  1. Orders regarding a child not found to be in conflict with law
  2. Orders regarding child found to be in conflict with law
    a. allow to go home for advice, enquiry and counselling
    b. direct to participate in group counselling
    c. order to perform community service
    d. fine
    e. released on probation of good conduct , Max 3 yrs
    f. to be kept in supervision in a facility
    g. special home <3 yrs
  3. JJB CANNOT order death sentence or life imprisonment without possibility of release
25
Q

CWC STRUCTURE

A

The State Government shall constitute one or more Child Welfare Committees for every district, for exercising the powers and to discharge the duties conferred on such Committees in relation to children in need of care and protection under JJA 2015.
The Committee shall consist of
* One Chairperson
* Four other members – of them, at least one shall be a woman and another, an expert on the matters concerning children

26
Q

CWC RESPONSIBILITIES

A
  1. Conducting inquiry on all issues relating to and affecting the safety and wellbeing of children under this Act
  2. Conducting inquiry for declaring fit persons for care of children in need of care and protection
  3. Directing placement of a child in foster care
  4. Ensuring care, protection, appropriate rehabilitation or restoration of children in need of care and protection,
  5. Selecting registered institution for placement of each child requiring institutional support, based on the child’s age, gender, disability and needs
  6. Conducting at least two inspection visits per month of residential facilities for children in need of care
  7. Certifying the execution of the surrender deed by the parents and ensuring that they are given time to reconsider their decision as well as making all efforts to keep the family together.
  8. Ensuring that all efforts are made for restoration of abandoned or lost children to their families following due process, as may be prescribed
  9. Declaration of orphan, abandoned and surrendered child as legally free for adoption after due inquiry
  10. Taking action for rehabilitation of sexually abused children who are reported as children in need of care
  11. Dealing with cases referred by the JJB
  12. In case of a complaint of abuse of a child in any child care institution, the Committee shall conduct an inquiry and give directions to the police or the District Child Protection Unit or labour department or child helpline services (child helpline number – 1098)
  13. Accessing appropriate legal services for childre
27
Q

CARA

A

Central Adoption Resource Authority (CARA

28
Q

FUNCTIONS OF CARA

A

a) To promote in-country adoptions and to facilitate inter-State adoptions in co-ordination with State Agency
b) To regulate inter-country adoptions
c) To frame regulations on adoption and related matters from time to time
d) To carry out the functions of the Central Authority under the Hague Convention on Protection of Children and Cooperation in respect of Inter-country Adoption

29
Q

Child eligible for adoption is

A

a) Any orphan or abandoned or surrendered child, declared legally free for adoption by the CWC
b) A child of a relative
c) Child or children of spouse from earlier marriage, surrendered by the biological parent(s) for adoption by the step-parent

30
Q

Eligibility of prospective adoptive parents (section 5 of Adoption Regulations 2017)

A
  1. physically, mentally and emotionally stable, financially capable and shall not have any life-threatening medical condition
  2. rrespective of his marital status and whether or not he has biological son or daughter, can adopt a child subject to following
    a consent of both the spouses for the adoption shall be required, in case of a married couple
    b a single female can adopt a child of any gender
    c a single male shall not be eligible to adopt a girl child
  3. if married, 2 yrs of stable marriage
  4. age eligibility
  5. min age difference b/w child and either of parents should not be less than 25 yrs
  6. Couples with three or more children shall not be considered for adoption except in case of
    special need children and in case of adoptions by relatives or step-parent.
31
Q

Eligibility of prospective adoptive parents based on their age

A

Maximum composite age of prospective adoptive parents (couple)

<4 yrs- 90 yr
4-8 yr: 100 yrs
8-18 yrs : 110 yrs

Maximum age of single prospective adoptive parent
<4 yrs: 45 y
4-8: 50 yrs
8-18: 55 yrs

32
Q

Punitive measures for adoption without following prescribed procedures

A

(Section 80 of JJA 2015)
Punishable with imprisonment of either description for a term which may extend up to 3 years or with fine of one lakh rupees or with both.

Forensic Psychiatry (8 decks)

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