Amendment status not verified — confirm the current text below against the official source.
Code of Conduct for Support Persons and Social Workers/ Probation Officer/Non- Governmental Organization (NGO)/any other person found fit by the CWC The primary responsibility of the Support Person or the Social Worker/ Probation Officer/Non-Governmental Organization (NGO)/any other person found fit by the CWC is to protect the child and the child‟s interests during contact with the criminal justice system and to 4 Rule 2 (h): “individual care plan” is a comprehensive development plan for a juvenile or child based on age specific and gender specific needs and the case history of the juvenile or child, prepared in consultation with the juvenile or child, in order to restore the juvenile‟s or child‟s self-esteem, dignity and self-worth and nurture him into a responsible citizen and accordingly the plan shall address the following needs of a juvenile or a child: (i) Health needs; (ii) Emotional and psychological needs; (iii) Educational and training needs; (iv) Leisure, creativity and play; (v) Attachments and relationships; (vi) Protection from all kinds of abuse, neglect and maltreatment; (vii) Social mainstreaming; and (viii) Follow-up post release and restoration. 55 promote the well-being of the child. In general, the child‟s interests are the paramount consideration, but the Support Person‟ or Social Worker‟s/ Probation Officer‟s/Non- Governmental Organization‟s (NGO)/any other person‟s (found fit by the CWC) responsibility to the larger society or in the case of specific legal obligations may on limited occasions take precedence over the loyalty owed the child, and the child should be so advised. For instance, where a worker in an NGO comes to know that a child who has come to him/her has been sexually abused, s/he is required by the POCSO Act, 2012 to report this to the police, even in a case where the child expresses his/her reluctance in doing so. In such cases, the child and his/her family should be counselled and made to understand the obligation to report. i) Social workers/ Probation Officer/Non-Governmental Organization (NGO)/any other person found fit by the CWC and support persons should provide their services to the child only in the context of a professional relationship based, when appropriate, on valid informed consent. Where the social worker or support person is being appointed through the CWC, the appointment should be made, as far as possible with the involvement f the child. ii) Social workers/ Probation Officer/Non-Governmental Organization (NGO)/any other person found fit by the CWC and support persons should use clear and understandable language to inform the child of the purpose of their services, risks related to their services, reasonable alternatives, the child‟s right to refuse or withdraw consent, and the stage up to which s/he will be available to support the child. The child should also be given the opportunity to ask questions and clarify doubts. iii) In cases where the child is not literate or has difficulty in understanding the Social worker/ Probation Officer/Non-Governmental Organization (NGO)/any other person found fit by the CWC or support person, such person should take steps and seek assistance to ensure the child‟s comprehension. This may include providing the child with a detailed verbal explanation or arranging for a qualified interpreter or translator whenever possible. iv) Social workers/ Probation Officer/Non-Governmental Organization (NGO)/any other person found fit by the CWC and support persons should provide services and represent themselves as competent only within the boundaries of their education, training, certification, consultation received, supervised experience, or other relevant professional experience. v) Social workers/ Probation Officer/Non-Governmental Organization (NGO)/any other person found fit by the CWC and support persons should be alert to and avoid conflicts of interest that interfere with the exercise of professional discretion and impartial judgment. A 56 conflict of interest occurs when a social worker‟s or support person‟s services to or relationship with the child is compromised, or might be compromised, because of decisions or actions in relation to another child, colleague, him or herself, or some other third party. Potential or actual conflicts of interest are very complex situations for social workers and support persons, or for any professional for that matter. Conflicts of interest can occur in many different contexts. For example, when a support person is appointed by the CWC, and such support person in the case of a child has a family relationship with someone in the child‟s family, there could be a conflict of interest. In such cases, the social worker or support person should inform the child and the CWC should take reasonable steps to resolve the issue in a manner that makes the child‟s interests primary and protects the child‟s interests to the greatest extent possible. In some cases, protecting the child‟s interests may require termination of the professional relationship with proper referral of the child to another Social Worker/Support Person. vi) Social workers/ Probation Officer/Non-Governmental Organization (NGO)/any other person found fit by the CWC and support persons should not take unfair advantage of any professional relationship or exploit it to further their personal, religious, political, or business interests. vii) When Social workers/ Probation Officer/Non-Governmental Organization (NGO)/any other person found fit by the CWC and support persons provide services to two or more people who have a relationship with each other (for example, couples, family members), social workers should clarify with all parties the nature of social workers‟ professional obligations to the various individuals who are receiving services. Social workers who anticipate a conflict of interest among the individuals receiving services or who anticipate having to perform in potentially conflicting roles should clarify their role with the parties involved and take appropriate action to minimize any conflict of interest. viii) Social workers/ Probation Officer/Non-Governmental Organization (NGO)/any other person found fit by the CWC and support persons should respect the child‟s right to privacy. Social workers and support persons should not solicit private information from the child unless it is essential to providing services in the best interest of the child. ix) Social workers/ Probation Officer/Non-Governmental Organization (NGO)/any other person found fit by the CWC and support persons should protect the confidentiality of all information obtained in the course of professional service, except in the discharge of their professional duties. Social workers and support persons may disclose confidential information when appropriate with valid consent from the child or a person legally authorized to consent 57 on behalf of the child and whose interests are not in conflict with that of the child. However, in any case, social workers and support persons should inform the child, to the extent possible, about the disclosure of confidential information and its potential consequences. x) Social workers/ Probation Officer/Non-Governmental Organization (NGO)/any other person found fit by the CWC and support persons should not discuss confidential information in any setting unless privacy can be ensured. xi) As provided in Section Section 23 (2) of POCSO Act, 2012, Social workers/ Probation Officer/Non-Governmental Organization (NGO)/any other person found fit by the CWC and support persons should not disclose the identity of the child when responding to or interacting with the media unless permitted by the Special Court in the best interest of children with reasons recorded in writing.5 xii) Social workers/ Probation Officer/Non-Governmental Organization (NGO)/any other person found fit by the CWC and support persons should under no circumstances engage in sexual activities or sexual contact with the child and/ or his/her relatives, whether such contact is consensual or forced. xiii) Further, they should not sexually harass the child. Sexual harassment includes sexual advances, sexual solicitation, requests for sexual favours, and other verbal or physical conduct of a sexual nature. xiv) Social workers/ Probation Officer/Non-Governmental Organization (NGO)/any other person found fit by the CWC and support persons should not use derogatory language in their written or verbal communications to or about the child. Social workers should use accurate and respectful language in all communications to and about the child. xv) In the event that services are interrupted by factors such as unavailability due to other commitments, relocation, illness, disability or death, the CWC should appoint another suitable Social workers/ Probation Officer/Non-Governmental Organization (NGO)/any other person found fit by the CWC or support person as soon as possible.