Legal Mandate of Central Children Welfare Board (Ccwb)

LEGAL MANDATE OF CENTRAL CHILDREN WELFARE BOARD (CCWB)

Children's Act, 2048 (1992)

Provisions relating to the protection of the Child and relating to the Guardian

ARTICLE 21: Looking after an orphan and custody of hi s property

(1) Ifthe Children Welfare Officer or the Chief District Officer isinformed of the fact that a Child does not have any relative of thesame home to look after the Child, the Children Welfare Officer orthe Chief District Officer, as the case may be, shall makenecessary arrangement for upbringing and maintenance of the Child. In doing so, the Child shall be, as far as practicable, givento the custody of the nearest relative o f the Child. In case of non availability of such a relative, the Child may be given to anyperson or organization willing to take the custody for his maintenance and upbringing. In case of non-availability o f any relative, person or organization willing to take the Child for his maintenance and upbringing, the Child shall be referred to the nearest Children Welfare Home.

(2) In cases where the Child referred to in sub-section (1) has any property, the Children Welfare Officer or the Chief District Officer shall prepare a statement thereof in the presence of at least two local witnesses and shall keep one copy thereof in his office and the other one shall be given to the person or organization responsible for upbringing and maintenance of the Child.

(3) The statement of property prepared under sub-section.(2) and the property mentioned therein shall be given to the custody of the person, organization or the Children's Welfare Home responsible for upbringing and maintenance of the Child and such person, organization or the Children's Welfare Home shall certify in writing the taking of the custody. Pending the custody of the property of the Child, the responsibility of taking care of or of protecting the property shall lie with the Children Welfare Officer, and if he is not available, with the Chief District Officer.

ARTICLE 32:Constitution of Central and District Children Welfare

Board

(1) Government of Nepal shall, by publishing a notification in the Nepal Gazette, constitute a Central ChildrenWelfare Board consisting of twenty one member s at the maximum including the member s from amongst the social workers, woman social worker s, medical practitioners, Child psychologist s and teachers. The Name of the chairperson and members o f the Central Children's Welfare Board shall be as prescribed in the same notice.The Board shall work subject to the policy and directives of Government of Nepal.

(2) A District Child Welfare Board shall be constituted in each District under the convener ship o f the Chief District Officer.

In the District Children Welfare Board, there shall be the persons,16 inter alia, as appointed by the Chief District Officer specially fromamongst the following persons: -

(a) Persons involved in social service,

(b) Social worker s involved in works relating to rights and interests o f children,

(c) Women social workers,

(d) Medical practitioners,

(e) Child psychologists,

(f) Teachers.

(3) The tenure of the officials of the Central Children Welfare Board and District Children Welfare Board shall be of four year s and they may be eligible for reappointment.

(4) The chairperson of the District Children Welfare Board shall be the person prescribed by the member s o f District Children Welfare Board from amongst themselves and until such

Chairperson is appointed; the Chief District Officer himself shall act as the chairperson of the Board.

(5) Each District Children Welfare Board shall have to Submit an annual report relating to children welfare activities conducted in the district level to the Central Children Welfare Board within the month of Baisakh (April 15 to May 15 A.D.). The Central Children Welfare Board shall prepare a nation-wide report relating to the Children on the basis o f the annual reports received from the District Children Welfare Board and submit it to Government of Nepal in each year within the month of Ashad (June15 to July 15).

(6) Functions, duties, powers and procedures of the Central

Children Welfare Board and the District Children Welfare Board,other than those referred to in the Act, shall be as prescribed.

ARTICLE 44:Inspection of Children's Welfare Home, Juvenile Reform

Home, Orphanage etc

(1) The Central Children Welfare Board may inspect or cause to inspect all Children's Welfare Homeorphanages or centers established within the Kingdom o f Nepal atany time and the District Children Welfare Board or Children

Welfare Officer may inspector cause to inspect the Children's Welfare Homes, orphanages or centers within their own area at any time.

(2) The Children Welfare Officer shall inspect the Children's Welfare Homes, orphanages or center s at least twice ayear within his area and while carrying out such inspection, in case it is found that any act to be done pursuant to this Act and the Rules made there under is not done or any act is committed in Contravention to the existing law, he shall have to send its report to the District Children Welfare Board.

(3) The Children Welfare Board of Children Welfare Officer may issue directives to regularize irregularities found in the Children's Welfare Home, Juvenile Reform Home, Orphanagesor such other centers and it shall be the main duty of the Chief of the Children's Welfare Home, Juvenile Reform Home, Orphanages or centers to follow such directives.

The Children's Rules, 2051 (1995)

3.Functions, Duties and Powers of Central Children Welfare Committee:

In addition to the functions, duties and powers referred to in the Act, other functions, duties and powers of theCentral Children Welfare Committee shall be followed as:-

(a) To formulate long term national policies and plans relating to protection of rights and interests of children and theirphysical and mental development also on the basis of Guidelines issued by the body formed by Government of Nepal relating to Children Welfare and to submit to Government of Nepal and to implement or cause to implement policies and plans approved by Government of Nepal through the concerned ministry or agency;

(b) To pass annual programme and budget as per approved national policies and plans and to implement or cause to implement them;

(c) To formulate policies and programmes in order to mobilize necessary re source for plans and programmes relating g to children's welfare;

(d) To guide District Children Welfare Committee and Management Committees;

(e) To review and evaluate progress o f annual programmes of District Children Welfare Committees;

(f) To collect data and keep record of capacity, facilities and so on of Children's Welfare Home s, Juvenile Reform Homes,Orphanage and Centers for Mentally Retarded Persons and other similar Homes or Centers being in operation within of Nepal.

(g) To encourage and cooperate any person or institution to establish Children's Welfare Home Orphanage and Centers for mentally retarded persons in various districts having obtained recommendation of District Children Welfare Committee as may be necessary;

(h) To collect separate data of children in jail, abandoned children or child laborers, incapacitated and mentally retarded children in each district and to cause to keep their records in each District Children Welfare Committee and to prepare a national data record;

(I ) To identify measure s necessary for eliminating child labor, child marriage and practices o f offering children in the name of Gods, and to encourage and cooperate theconcerned governmental and non-governmentalorganizations to follow those measures;

(j) Subject to prevailing laws to launch or cause to launch programmes relating to protection and development of children with participation of national and international non-governmental organizations and with approval of Government of Nepal to encourage and cooperate foreign governments and international organizations and associations to launch or cause to launch such programmes;

(k) To publicize provisions o f the United Nations Convention on Rights of Child and other international and regional conventions, declarations relating to protection of right s and interests o f children ratified by Government of Nepal andprovisions o f prevailing laws on right s and interest s of children and

(l) To carry out other activities that may be necessary for protection of rights, interests and physical and mental development of children.

9.Functions, Duties and Powers of District Children WelfareCommittee:

In addition to functions, duties, and power s conferred by the Act, other functions, duties and powers o f District Children Welfare Committee shall be as follows: -

(a) To formulate district level long term policies and plans relating to protection of rights and interests of children and their physical and mental development and to forward them to Central Children's Welfare Committee; (b) To formulate annual programmes and budget a s per approved policies and plans and to implement or cause to implement them;

(b) To formulate annual programmes and budget a s perapproved policies and plans and to implement or cause toimplement them;

(c) To look for resource s necessary for operation of annual programmes and to mobilize available resources;

(d) To collect data of abandoned children or children engaged as laborers and incapacitated and mentally retarded children in the district and to keep its updated record and to send one copy thereof to the Central Children's Welfare Committee;

(e) To collect data of child laborer, children having marriage and children offered to gods, if any, in the district and to keep its updated record and to send one copy thereof to the Central Children's Welfare Committee;

(f) To collect suggest ions to eliminate evil practices referred to in clause (e) having organized conferences at district level involving social worker s and dignitaries and to encourage and cooperate social workers and non-governmental organizations in eliminating such evil practices;

(g) To collect data of capacity and facilities of Children's Welfare Home, Juvenile Reform Homes, Orphanage and Centers for Mentally Retarded Persons or the like other homes in the district and to keep their updated record and to forward one copy thereof to Central Children's WelfareCommittee.

(h) To launch child welfare activities relating to protection of rights and interests of children and their physical fundamental development in various parts o f the district with peoples participation or participation of governmental and non-governmental organizations and to cooperate social workers, governmental and non-governmental organizations to carry out such activities; and

(i) To give necessary directives and suggestions toManagement Committee and in-charges and administrators to instruct or cause to instruct Child Welfare Homes, Juvenile Reform Homes, orphanages and Centers for Mentally Retarded Persons.

Child policy 2069

It is related with the promotion and protection of children and also for the purpose of safeguarding their rights. The nation has adopted such policy viewing the need of sate because it is well known fact that children of today are the future of tomorrow’s world. Nepal has ratified many national and international laws regarding children, with that the rights of children are also given in the fundamental law of land i.e. constitution. The policy has expected to bring uniform changes in prevailing laws and well functioning of the agencies and organization.

For the protection and promotion of children there are several laws and numerous organizations that are established by the government. Loads of non government organizations are also working on it.In the area of child rights and child protection CCWB is responsible .CCWB is a focal point under which, 75 districts of Nepal would be monitored by this institution.

There are five major objectives/aims that this policy holds:

1.1. To protect the children from all forms of needs sexual violence, inhuman treatment, and exploitation.

1.2. To provide necessary assistance before the birth and after the birth like proper nutrition, appropriate care, education and helping children to be proficient in educational sector with physical and mental development.

1.3. Giving platform to express their view and participate where they are able to.

1.4. To end prejudice to children.

1.5. The justice system should be well-built.

Under these objectives there are various strategic plans through which such objectives can be obtained. CCWB has its own rights and duties as well as powers and functional workings which have been delegated by various Acts and bylaws. Therefore to obtain such goal CCWB can utilize its power and carry out the strategic plans that the policy has under taken.

1o.Organization management and capability development:

For the development of CCWB from the national level to the local level, it shall be provided with additional memberssuch as Persons involved in social service, Social workers involved in works relating to rights and interests o f children, Women social workers, Medical practitioners,Child psychologists, Teachers which would be a immense help to the institution and along with this a council would be formed which comprises children right expert. District Children Welfare Committee shall have strong infrastructure as well as ample human resources.

11. Implementation of Strategy

CCWBalong with other institution related with women and children, district children welfare committee, other ministries (national and international) shall work together for the implementation of the strategy that has been adopted for the betterment of the children.

12. Examine and Evaluation

CCWB shall evaluate and foresee the issues relating with children rights with the help of the committee established within district and local level.

14 .Strategy re-formulation and progressive change

In every five year the strategy regarding children shall be examined and improved accordingly.

Never the less the Government of Nepal shall, by publishing a notification in the Nepal Gazette, constitute a Central Children Welfare Board consisting of twenty one members at the maximum including the members from amongst the social workers, woman social worker s, medical practitioners, Child psychologist s and teachers. The institution shall be provided with proficient human resources and infrastructure. likewise , Subject to prevailing laws to launch or cause to launch programmes relating to protection and development of children with participation of national and international non-governmental organizations and with approval of Government of Nepal to encourage and cooperate foreign governments and international organizations and associations to launch or cause to launch such programmes; To review and evaluate progress of annual programmes that are concerned with children which are produced by District Children Welfare Committee, local level governments. With that CCWB will also be working on the helpline regarding children (CPMIS) for the protection of the child from any form of violence, abuses, child labor, Child domestic workers issues,and corporal punishments.