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


93. Transfer of a child who is mentally ill or addicted to alcohol or other drugs.

1.     Where it appears to the Committee or the Board that any child kept in a special home or an observation home or a Children’s Home or in an institution in pursuance of the provisions of this Act, is a mentally ill person or addicted to alcohol or other drugs which lead to behavioural changes in a person, the Committee or the Board , may order removal of such child to a psychiatric hospital or psychiatric nursing home in accordance with the provisions of the Mental Health Act, 1987 or the rules made thereunder.

2.     In case the child had been removed to a psychiatric hospital or psychiatric nursing home under sub-section (1), the Committee or the Board may, on the basis of the advice given in the certificate of discharge of the psychiatric hospital or psychiatric nursing home, order to remove such child to an Integrated Rehabilitation Centre for Addicts or similar centres maintained by the State Government for mentally ill persons (including the persons addicted to any narcotic drug or psychotropic substance) and such removal shall be only for the period required for the inpatient treatment of such child.

Explanation.—For the purposes of this sub-section,—

a.     “Integrated Rehabilitation Centre for Addicts” shall have the meaning assigned to it under the scheme called “Central Sector Scheme of Assistance for Prevention of Alcoholism and Substance (Drugs) Abuse and for Social Defence Services” framed by the Central Government in the Ministry of Social Justice and Empowerment or any other corresponding scheme for the time being in force;

b.    “mentally ill person” shall have the same meaning assigned to it in clause (l) of section 2 of the Mental Health Act, 1987;

c.     “psychiatric hospital” or “psychiatric nursing home” shall have the same meaning assigned to it in clause (q) of section 2 of the Mental Health Act, 1987.



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