YaR Forum India

Don Bosco YaR Child Policyand Essential Protocols

FIRST PUBLISHED: January 2013Published byDon Bosco National Forum for the Young at RiskPalam Gaon, New Delhi – 110 045, INDIA.Email: yarindiaforum@gmail.com

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1

Don BoscoYaR Child Policy

and Essential Protocols

Don Bosco National Forum for the Young at RiskPalam Gaon, New Delhi, 110045, INDIA

2013

3

Preface 05

Presentation 07

01. Introduction 09

02. Vision 11

03. Principles of the Policy 12

04. Objectives of the Policy 14

05. Priority Areas for Policy Implementation 15

5.1. Survival 15

5.2. Development 15

5.3. Protection 17

5.4. Participation 20

06. Organizational Protocols 21

07. Recruitment, Training and Capacity Building 23

08. Documentation and Research 24

C O N T E N T S

4

09. Advocacy 25

10. Responses to Allegations of Staff Offences against Children 26

11. Communication about Children 29

12. Evaluation and Review of Policy 30

13. Who are governed by this policy? 30

anneXUre 31

I. “Protection of Minors: Policy Statement and Guidelines for use in Salesian Institutions”, (Art. 1.2.2), published by SPCSA, New Delhi, 2006. 31

II. “Protection of Minors: Policy Statement and Guidelines for use in Salesian Institutions”, (Art. 2.1-2.2.2), published by SPCSA, New Delhi, 2006. 33

III. “Protection of Minors: Policy Statement and Guidelines for use in Salesian Institutions”, (Art. 5), published by SPCSA, New Delhi, 2006. 34

IV. “Protection of Minors: Policy Statement and Guidelines for use in Salesian Institutions”, (Art. 6), published by SPCSA, New Delhi, 2006. 39

aPPenDiXes 42

i. Format for requesting investigation into suspected child abuse 42

ii. Format to declare ones commitment to the child policy by all the personnel. 43

abbreviations 44

5

The work of the Salesians of Don Bosco for the Young

at Risk (YaR) dates back to their first presences in India.

Sent by God to be signs and bearers of His love for the

young, particularly the poorest and the most abandoned,

they have been always working for the young at risk.

Even today the vast majority of their works are clearly

for the young people who run the risk of being left out of

education and development if not for their interventions.

Nevertheless, over the years we have come to apply the

term “Young at Risk” particularly to some specific cate-

gories of the young -such as street and vagrant children,

the runaways, those who are unaccompanied by adults

caretakers, child labourers, school dropouts, children

of migrant manual labourers, refugees, and in general

those living in the fringes of the organized society.

Inspired by the very first works that their Founder Don

Bosco did on the streets of Turin in the mid nineteenth

century, this work by the Salesians has naturally blos-

somed in India under similar conditions. As a Religious

Congregation in India, they are not only pioneers in this

field but also have a large presence in reach and impact.

They have formed themselves into a network at the

national level, which has reached out to other religious

and non-religious works in the field forming a significant

larger network. The Central and State Governments of

India today call upon their expertise for various services

such as Child Welfare Committees and for the formula-

tion of child and youth related policies. This is surely an

honour and an opportunity to serve the Indian children.

The Salesians have been always having a Comprehen-

sive Child Policy, that Don Bosco himself called the “Pre-

ventive System”. It was meant to protect children from

all harm and provide them with a family-like ambience

which is loving and where they would naturally bloom

into mature human beings. It was preventive, in the

sense that it aimed at protecting the children from every

form of danger. It was propositive because it created

the ideal climate for their growth. It is also a spirituality,

a way of life, because it guided the growth of the young

person towards the logical ends and goals of his or her

life. It also contributes to nation building, because it is

aimed at grooming citizens committed to common good

in their own countries and in the world. Hence, a Child

Policy is part of the very upbringing of the Salesians.

Everyone who visits a Salesian institution meant for

children can immediately notice that the very construc-

tion is conducive to take care of them constantly. The

residence of the Salesians is also within the residence

of the children so that elders are constantly present and

promote the integral welfare of the young.

The present policy is an outcome of the spiritual and

educational patrimony of the Salesian Congregation. It is

based on a century old wealth of experience in dealing

with children, a sound spirituality that puts the welfare of

the child at the centre of interests, and a loving commit-

ment to God on their behalf. Of course, it takes elements

from modern educational sciences, social and humani-

tarian sciences and the latest ecclesiastical, national and

international laws and policies regarding child welfare

and protection. It is also educative towards the Salesians

Preface

6

themselves and their other adult collaborators who are

in contact with children. Thus it has become not just a

policy but a veritable educative tool for youth workers.

The policy we have in hand is also the fruit of a few

years of work by a well qualified and experienced team

of Salesians and lay collaborators. It has seen several

drafts, study, evaluation and redraft at various levels,

including the Conference of the Salesian Provincials in

South Asia. The Salesians in South Asia have a larger

Child Policy and the YaR Child Policy falls within this

general context. The talk of officially drawing up a policy

for child protection and development began with the YaR

and then extended itself to the rest of the Institutions that

the Salesians run. It integrates also an earlier docu-

ments of the Salesians for dealing with eventual cases of

child abuse. In that sense this YaR Child Policy is a pio-

neering document. I appreciate the Don Bosco National

Forum for the Young at Risk. Particular merit for this

goes to the central team for the animation of the young

at risk in India. Rev. Fr. Mathew Thomas, the Regional

Delegate for the Young at Risk and his team deserve our

special thanks. With him there have been a host of other

persons who have contributed to the policy.

The policy is an authoritative one, having the seal of ap-

proval by the Conference of the Provincials. It is above

all an inspiration for all child workers, who in the name

of God commit themselves to their welfare. Jesus was

very fond of Children and used to spend plenty of time

playing with them, listening to them, teaching them and

learning from them. Of all the religious leaders in the

world, Jesus was the one who gave the central place to

Children and childhood in his spirituality. He himself was

quintessentially a child of God who he called his Father.

One could not enter heaven if one did not become like a

child. The Kingdom of God belonged to them. And woe

to any one who abused them in any way! Jesus reserved

his severest condemnation for such people. It would

be better for them to be drowned in the ocean with a

millstone tied around their neck! Children were God’s im-

age for Jesus. Don Bosco picked up this deep insight of

Jesus and became in the modern times one of the great-

est lovers of children. For their welfare he was willing to

sacrifice his entire life. Jesus and Don Bosco are at the

base of this policy and its spiritual base and inspiration.

Such a policy is definitely destined to guide our thought

and work for children. May everyone involved in working

with them take this policy to heart and practice it to the

full.

fr. Maria arokiam Kanaga sDb General Councilor for Salesian Society of Don BoscoRegional for South Asia and President of the SPCSA

7

Don Bosco National Forum for the Young at Risk (YaR

Forum) is a national network of organizations that are

committed to the care and protection of children/youth

who are at risk. Challenged by the poverty, hardships,

oppression, exploitation and marginalisation of the

young, the YaR network organizations reach out to

extreme situations of exploitation and marginalisation

of the young with emergency services as well as other

forms of short and long-term services to protect them

and to care for them.

YaR means friend and that is what the YaR Network

members want to be, FRIENDS OF THE YOUNG at

RISK. We want the children/youth that come under the

umbrella of YaR services provided by the YaR Network

members, enjoy child friendly atmosphere and child safe

spaces and practices. Child friendly atmosphere and

child safe practices are the trademark of YaR Network

Presentation

handed down to it by Don Bosco himself, popularly

called Friend of the Young. Don Bosco based his system

of caring for the young on the inner powers of reason,

love and spiritual depth. A few basic YaR Network prin-

ciples of caring for the young are:

• We shall accompany the Young at Risk in their

struggle to grow to fullness in freedom and humane-

ness.

• We shall provide a positive environment that will pre-

vent exploitation and will empower the marginalised

children and the young.

• We shall create spaces where Young at Risk can live

and grow with dignity, especially by giving priority to

participatory, human and Child Rights perspectives.

Every YaR Network member organisation is a unique

story of commitment to the Young at Risk. The organi-

sations operate from different locations in the country

providing different and relevant responses and services

to the various deprivations suffered by them. Yet a com-

mon basic spirit guides them all. This YaR Child Policy

is a faithful expression of that inspiring and guiding spirit

that weaves into practices for the care and protection of

the Young at Risk.

Through a national consultative process, ideas were

gathered to draw up the draft of this policy for discus-

sions at the YaR Annual Convention in March 2011 at

Chennai. Later the finalised text of the Policy was pre-

sented to the Salesian Provincial Conference of South

Asia (SPCSA) for approval. The approved text of the

policy was strengthened in accordance with the direc-

tions given by SPCSA. The approved text was circulated

for one year among the network members for familiaris-

8

ing with the policy, and that was found to be very useful.

During this period many of the member organisations of

the YaR Network trained their personnel in the contents

of the policy and they signed their commitment to it. So

this printed version of the YaR Child policy is reach-

ing the hands of the network members after an year of

testing in the field, which further contributed towards

strengthening the policy.

The YaR Child Policy is the result of a long drawn

process of reflection and practice. At this moment I

would like to acknowledge the contributions of the many

persons towards getting ready the YaR Child Policy in

its final form. Many YaR Network members shared their

existing Child policies for consultation. Several Salesians

researched and presented the different sections of the

policy for general discussion at the Child Policy seminar.

Fr. Kuriakose Pallikunnel moderated the discussions

at the YaR Child Policy seminar leading to the formula-

tion of the final text of the policy. Mr. Sonikutty George,

the UNICEF Child Protection Officer, Ms. Razia Ismail,

Director IACR, Fr. Jose Kuttianimattathil, Fr. Dominic

Veliath and Fr. T.D John contributed with their expertise

to improve the content or the language of the policy

statement and made sure that it is in keeping with the

required standards and legal provisions. This process

drew inspiration from the child protection practices and

policies of many organizations from all over the world

and I would like to acknowledge that with gratitude. I

also thank BoscoNet, Don Bosco Mondo and ASMOAF

for their financial support for printing and publishing the

policy.

This policy applies to Don Bosco National Forum for the

Young at Risk and to all the YaR Forum Network mem-

bers. After a period of five years from its publication, the

policy would be reviewed.

As noted earlier, the YaR Network has formulated its

Child Policy through a collaborative effort. Every mem-

ber in the Network can claim that they have contributed

to the making of it. This ownership would come with the

big responsibility and challenge to live the child policy

that they have made. This would need much dedication

from the network members to internalise the spirit of

the policy and implement it. Let us take up those chal-

lenges for the sake of the deprived and the marginalised

children in India so that, they may have life, life in all its

fullness (Jn 10:10) - a life of dignity.

fr. Mathew thomasSecretary and Executive Director,Don Bosco National Forum for the Young at Risk.

9

1. Introduction

state that the purpose of his life was

to give ‘life’ especially to the weak

and lowly in society. Don Bosco, the

founder of the Salesian movement

for youth, reached out to serve the

marginalized youth of his times say-

ing: “That you are young is sufficient

“I have come that they may have life,

life in all its fullness.” (John 10: 10.)

The Don Bosco National Forum for

the Young at Risk (YaR Forum), com-

mitted to serving and working with the

Young at Risk, draws its inspiration

from these words of Jesus which

to make me love you very much.”(Il

Giovane Provveduto, Turin 1847,

p.7) It is this passion of Don Bosco

for the vulnerable young persons that

motivates the YaR Forum services for

the Young at Risk.

The Don Bosco National Forum for

the Young at Risk has been estab-

lished by the Salesian Provincial

Conference of South Asia (SPCSA)

for reflection, sharing and co-

ordination among those involved in

the Salesian ministry for the Young

at Risk (YaR), to network with like-

minded persons and organizations

on behalf of Young at Risk, and

to influence policies related to the

Young at Risk . The YaR Child Policy

is deemed to be a faithful expression

of the spirit, guidelines and objectives

mentioned above. It attempts to reso-

nate with the voices of the children of

the world: “We are not the sources of

problems; we are the resources that

are needed to solve them. We are

not expenses; we are investments.

We are not just young people; we

are people and citizens of this world.

You call us the future but we are also

the present.” (The Children’s State-

ment to the World Leaders at the UN

General Assembly’s Special Session

on Children, 8 May 2002.)

Children are an invaluable asset

of humanity; hence it is particularly

10

important that they are nurtured and

protected effectively, so that they

grow up as persons who are physi-

cally fit, mentally alert, and morally

healthy, endowed with necessary

skills and helpful attitudes. The YaR

Forum is committed to the promotion

and safeguarding of the rights of chil-

dren as mandated in the Constitution

of India, according to the principles

contained in the Convention on the

Rights of Children, the Juvenile Jus-

tice Act, and the Preventive System

of Don Bosco (Pedagogy of Pres-

ence), and to ensuring the realization

of the highest standards and equal

opportunities for survival, develop-

ment, protection and participation

to all children. The following policy

statement and guidelines aim at pro-

viding children and youth, ‘that part of

human society which is so exposed

to danger and yet so rich in promise”

(BM II, 35), a safe environment in

which they can grow and become

fully alive.

The YaR Child Policy has been

framed to ensure the care and

protection of children at risk (a child

being any individual below the age

of 18 years). The poverty, hardships,

oppression, exploitation and margin-

alization of children are increasing

alarmingly. The systems, plans and

development processes of the State,

for the care and protection of vulner-

able children are not delivering suf-

ficiently. One cannot remain a silent

spectator to this situation. Challenged

by this, the YaR Forum seeks to ad-

dress the dire needs of children and

their neglect by the State by reaching

out to and advocating on behalf of the

following most vulnerable groups of

children: children on the streets, child

labourers, abandoned orphans, chil-

dren in conflict with the law, children

with disabilities, run away children,

children from dysfunctional families,

institutionalized children, young sub-

stance abusers, children in war-torn

and conflict areas, refugee children

or children of the displaced including

ethnic groups and minorities, children

in sex trade and children affected

by HIV/AIDS, children who have

dropped out of education, trafficked

children and children in very serious

danger of being trafficked, and all

children who are found in any other

situation of serious vulnerability.

The YaR Child Policy reflects a para-

digm shift from welfare and need-

based approach to an approach

of equal rights and justice for all. It

outlines the way in which the YaR

Forum aims to listen to the voices of

children as participants in an agenda

for their dignity, well being and future.

It posits itself as a platform to protect,

support and empower children, both

in their individual situations and in the

Society as a whole. The underpin-

ning thrust of such an effort could be,

articulated as: ‘Every child matters”,

irrespective of religion, caste, sex,

place of birth and any other factor of

identity or ability.

This policy encapsulates an over-

arching expression of intent and

commitment for everyone in the

YaR Forum. All the members of YaR

Forum are duty-bound to function

according to the principles, objectives

and priorities outlined in this policy.

The YaR Forum and its members

stand committed to invest the re-

quired resources to implement this

policy effectively.

2. Vision

The Don Bosco National Forum for the Young at Risk, in collaboration

with State, non-State actors, and families of children, strives to offer

every child a nurturing, respectful and safe environment based on an

agenda of equity and the best interests of the child, to enable all children

to access rights, opportunities and resources for survival, protection,

development and participation, to ensure for them a safe and happy

childhood and to secure their future prospects.

11

12

3. Principles of the Policy

3.1. The Constitution of India guar-

antees certain rights to every person

in this country including children. All

children have equal rights; no class,

origin, custom, tradition, cultural or

religious practices shall be allowed

to violate, restrict or prevent children

from enjoying these rights.

3.2. Child Rights are universal; inter-

related, interdependent, indivisible

and inalienable.

3.3. The best interests of the child

shall be the paramount consideration

in all actions concerning or affecting

the child.

3.4. The safety and security of chil-

dren shall be of prime importance.

The children will be protected from

harm, abuses, neglect, exploitation,

discrimination and violence as they

have the right to protection.

3.5. The physical, social, psychologi-

cal, emotional, intellectual, moral, cul-

tural and spiritual development of the

child shall be addressed in totality.

3.6. A family setting is most condu-

cive to the all-round-development of

children. Institutionalization shall be

resorted to only when family setting

and alternative forms of family care

are not possible, and every effort will

be made to restore the institutional-

ized children to their families or to

alternative forms of family care.

3.7. The principles of equity, justice

and non-discrimination shall guide all

actions concerning children.

13

3.8. Individuality, age, gender, and

recognition of the special needs and

vulnerability will set the direction for

any/all programmes and interventions

related to children.

3.9 Consultation and participation

of children in a manner appropriate

to their age, in all matters affecting

them, is an indisputable right of every

child and shall be respected in all our

dealings with children.

3.10. Taking positive measures for

the care and protection of children is

the primary responsibility of the State;

and these measures are to be car-

ried out by the State, adhering to the

“Rights” perspective. Collaborating

with the State to implement its laws,

policies and schemes for the care

and protection of children will

be an important contribu-

tion of YaR Forum,

while being faithful to

the guiding princi-

ples and standards

of this policy.

3.11. The Publishing

of information and

depiction of children

in whatever form will

be done, respecting

the privacy, dignity

and the best interests of

the children and with utmost circum-

spection.

3.12. Children have the right to ac-

cess information that is important to

their development and well-being.

The children, especially from minor-

ity and indigenous groups, should be

provided with information in a lan-

guage which is suitable and simple.

Children should also have access to

children’s books and other forms of

media appropriate to their growth and

development.

3.13. Don Bosco’s Preventive System

of education with its principles of

REASON, RELIGION AND LOVING

KINDNESS is to be practiced in all

the YaR involvements for the overall

development and protection of the

children.

3.14. Consistent with the mandates

enshrined in the Constitution of India,

the international standards in the

Child Rights Convention of UN, legal

directions as in Juvenile Justice Act

and other relevant legal systems of

the country, and in keeping with the

spirit of the Preventive System of

Don Bosco, the YaR Forum in col-

laboration with the State and other

non-State sectors shall create a safe

environment for the child.

14

The YaR forum shall, in all its ser-

vices and support to all the children

for whom it assumes responsibility,

commit itself to:

4.1. Ensure survival, health, well-be-

ing, nutrition, clean water and sanita-

tion to prevent malnutrition, disease,

disability and death due to avoidable

causes.

4.2. Ensure the necessary standards

of human and infrastructural re-

sources, so as to enable children to

develop to their full potential.

4.3. Shall collaborate for the estab-

lishment of a safety net of strong

preventive, promotive and punitive

laws, institutions, procedures and

enforcement machinery to ensure

accountability in governance which

leads to the care and protection of

children.

4.4. Create an environment where in

the aspirations of children are a part

of all decisions on matters concerning

them.

4.5. Consult, network and collaborate

locally, nationally and internationally

with State and non-State actors for

the care and protection and promo-

tion of the rights of children.

4.6. Make every effort to improve

knowledge, attitude and practice

among children and personnel

regarding Child Rights and their viola-

tions, to find out and make known

how and where to access protection

and to support them in situations that

threaten or violate child rights.

4.7. Adopt the Preventive System or

the “Pedagogy of Presence” that uses

REASON, RELIGION and LOVING

KINDNESS to enable the best in

every child to blossom; to create an

environment of preventive care by

taking active steps to prevent any

harm to the child; to provide a healthy

environment that supports the inte-

grated development and protection of

the young; to create a culture of rights

so that violations of child rights be-

come rare and difficult; to protect the

young from falling into

the situations of risk,

harmful influences,

situations of abuse

and exploitation.

4. Objectives of the Policy

15

5.1. sUrvivaL

The right to life and survival is an

inalienable right of every child. It

is important to accord the highest

priority to promote the health and

well being of children. Hence the YaR

Forum shall:

5.1.1. Make efforts to eliminate

crimes against life such as abor-

tion, female foeticide and infanticide.

Every child has a right to be born and

to live.

5.1.2. Provide timely, quality and es-

sential medical care and treatment for

children.

5.Priority Areas for Policy Implementation

5.1.3. Make efforts to prevent child

marriage and ensure the right age at

marriage.

5.1.4. Provide for child-friendly and

safe physical spaces by ensuring easily

accessible facilities, clean environment,

adequate infrastructure facilities, living

spaces, playgrounds, safe drinking

water, sanitation facilities etc.

5.1.5. Make available sufficient nutri-

tious diet and adequate clothing.

5.1.6. Provide immunization to the

child for protection from vaccine- pre-

ventable diseases.

5.2. DeveLoPMent

There is no substitute of any sort for

quality and age-appropriate educa-

tion for the physical, emotional and

cognitive development of children, so

as to empower them to live confident

and happy lives with life skills for their

own safety and protection. Hence the

YaR Forum shall:

5.2.1. Provide and promote quality,

child-friendly, gender-sensitive and a

locally relevant school education.

5.2.2. Provide opportunities for

sports, leisure, recreation and creativ-

ity.

5.2.3. Provide early childhood educa-

tion, prevent children dropping out of

education, promote better enrolment,

ensure quality primary and upper-

primary education for all as non-

negotiables, and promote secondary

education.

5.2.4. Enable children to develop

holistically, draw out their aspira-

tions and focus on their aptitudes

by reviewing the curriculum with a

special focus on mental health from

a perspective of self esteem, confi-

dence and life skills.

5.2.5. Make available skill training

to older children to prepare them

for life, so that they may be able to

16

find employment and imbibe inde-

pendent living skills, so that they

continue to live their lives on their

own leading to and establishing

families of their own.

5.2.6. Address issues of children

affected by life threatening and/or

stigma attached diseases such as

HIV/AIDS and make efforts to ensure

proper care such as treatment, health

care, nutrition and education and to

prevent discrimination.

5.2.7. Educate children about their

rights and teach them to access help

when their rights are violated.

5.2.8. Make necessary efforts to

secure or to restore children who are

unaccompanied and who are in insti-

tutions, a meaningful access to their

own culture, religion and language,

so that they may know, understand

and value their own identity. Also

make efforts to give such children

the best opportunity to be restored

to their own cultural setting and

environment, to obtain for them a

better atmosphere for their integrated

development, as well as to their own

communities and families keeping

in mind their best interests, and with

due solicitude for the child’s own

sense of security and belonging.

5.2.9. Provide care, support and

services to the children in a spirit of

accompaniment, supportive supervi-

sion and in a friendly family-like atmo-

sphere offering a caring presence to

the child.

5.2.10. In caring for children, give

them sufficient freedom, be reason-

17

able towards them, provide emotional

support, discipline them with loving

kindness, and avoid corporal punish-

ments and public humiliation.

5.2.11. Educate and take care of

children in a culture-friendly, religion-

respectful and tolerant way. This is

the existential expression of a core

belief of the YaR Forum which stands

by the conviction of being “loyal to

one’s own faith and culture; while

duly respecting the faith and culture

of another”. This principle should be

concretely translated into action, by

fostering in the children an attitude

of openness towards God, towards

human beings and towards the world;

while at the same time, duly respect-

ing the culture and religion of each

child. Furthermore, it is also important

to inculcate in children an attitude of

respect towards different cultures and

religions.

5.2.12. Treat the children with a coun-

selling attitude and facilitate

individual counselling

for personal growth,

and group counselling

with a view to group

living and community

life.

5.3. Protection

A positive and protec-

tive environment

for children can foster their develop-

ment, progress, health and education

leading the children to become knowl-

edgeable, committed and compas-

sionate men and women for others.

It is ensured by caring and enabling

policies, regulations and services.

5.3.1. To ensure a protective environ-

ment for children always and every-

where the YaR Forum will net work

with the allied systems of the State,

NGOs, donors, society at large,

family, civil society groups, respon-

sible citizens, etc. We work together

towards transforming the society to

become a caring community that pro-

tects and takes care of its children.

5.3.2. Child Protection involves creat-

ing a child safety net in the society to

protect children from vulnerabilities

underlying many forms of harm and

abuses like sexual abuse, exploita-

tion, trafficking, hazardous labour,

violence, living and

working

on

the street, impact of armed conflict,

deployment in armed forces, child

marriage, unnecessary institutional-

ization etc. Child protection is saying

‘Yes’ to prevent, to respond to and to

resolve the abuse, neglect, exploita-

tion and violence affecting children.

5.3.3. Children need protection from

Abuse, Neglect, Exploitation and

Violence.

5.3.4. abUse

Abuse is a deliberate act of ill treat-

ment that can harm a child’s safety,

well being, dignity and development.

It can include all forms of physical,

sexual, psychological and emotional

ill treatment. All abuse involves abuse

of power because there is always a

power difference between the abuser

and the abused.

5.3.4.1. Physical Abuse involves the

use of violent physical force so as to

cause actual or likely physical

injury or suffering (e.g.:

hitting, shaking, burning,

mutilating, torturing

etc).

5.3.4.2. Emotional

or Psychological

Abuse includes hu-

miliating and degrad-

ing treatment such

as calling nicknames

18

that hurt, constant criticism/nagging,

belittling, persistent probing, solitary

confinement and isolation.

5.3.4.3. Child Sexual Abuse includes

all forms of sexual violence including

incest, early and forced marriage,

rape, involvement in pornography

and sexual slavery. It also includes

indecent touching or exposure, using

sexually explicit language towards

a child and showing children porno-

graphic materials.

5.3.5. neGLect

5.3.5.1. Neglect involves, deliberately

or through carelessness or negli-

gence, failing to provide for or secure

for children their rights to safety and

development.

5.3.5.2. Neglect is sometimes passive

in as much as it relates to failures

to carry out some key aspects of

care and protection of children at the

appropriate time. Such neglect could

result in significant impairment of the

child’s health or development, includ-

ing failure to grow emotionally and

socially.

5.3.5.3. Neglect leaves a trail of evi-

dence in the way children are affect-

ed. Care givers who do not act on this

evidence are also guilty of neglect.

5.3.5.4. Severe neglect or repeated

failure to provide timely care, there

by endangering the child is criminal

negligence. E.g.: Deliberate failure to

provide medical care is exposing a

child to severe harm or even death.

5.3.6. eXPLoitation

Exploitation refers to the use of chil-

dren for someone else’s advantage,

gratification or profit, often resulting in

unjust, cruel and harmful treatment of

the child. These are detrimental to the

child’s physical, mental, emotional,

moral, social, health and develop-

ment. It covers situations of manipu-

lation, misuse, abuse, victimization,

oppression or ill-treatment. Any

assignment given to children should

take into account the age, capacity

and the best interests of the child.

There are two main forms of child

exploitation: sexual exploitation and

economic exploitation.

5.3.6.1. Sexual Exploitation involves

the abuse of a position of trust and

the differential power of the adult

against the vulnerability of the child

for sexual purposes. These include

sexual exploitation of the child for

personal sexual gratification as well

as for profiting monetarily, socially

or politically. Child prostitution, child

trafficking for sexual abuse, child

pornography, sexual slavery, sexual

assault and sexual harassment are

sexual exploitation.

5.3.6.2. Economic Exploitation of

a child is the use of the child in

work or in other activities for profit.

This includes, but is not limited to,

child labour. Economic Exploitation

implies the idea of a certain gain or

profit through the production, distribu-

tion and consumption of goods and

services. Child domestic work, child

soldiers, child bondage, the use of

children in criminal activities including

the sale and distribution of narcotics

and the involvement of children in

hazardous work are economic exploi-

tation of children.

5.3.7. vioLence

5.3.7.1. According to article 19 of UN-

CRC states that all forms of physical

or mental violence, including sexual

abuse are acts of violence. In its 2002

report on Violence and Health, World

Health Organization (WHO) defines

violence as, “The intentional use of

physical force or power, threatened or

actual, against a child by an individual

or group that either results in or has

a high likelihood of resulting in actual

or potential harm to the child’s health,

survival, development or dignity”.

5.3.7.2. The WHO has identified three

types of violence:

i. Self-directed Violence: suicide, self-

mutilation.

ii. Interpersonal Violence: all forms

of physical, sexual and psychologi-

cal abuse, neglect and exploitation

including domestic violence and other

forms of gender- based violence.

iii. Collective Violence: violence com-

mitted by the State or by the society

at large.

5.3.7.3. Interpersonal violence

includes corporal punishment such as

hitting the child with the hand, pinch-

ing, pulling the hair, forcing the child

into uncomfortable or undignified po-

sitions, use of physical exercises as

punishment, burning and scarring the

child and other humiliating punish-

ments such as verbal abuse, ridicule,

isolation and ignoring the child.

5.3.7.4. Collective violence includes

violence by the armed forces/law

enforcement and security forces,

the use of the death penalty, cruel

inhuman and degrading treatment,

torture, forced displacement, unlaw-

ful imprisonment etc. Other forms of

collective violence include violence

resulting from armed conflicts, ter-

rorism, organized crime, child infan-

ticide, honour killings, corporal or

physical punishment (or the threat of

it).

5.3.8. the Yar forUM anD its

coMMitMent to cHiLD Protec-

tion

The YaR Forum is committed to

the protection of children from any

perceived or real danger/risk to their

life, their personhood and childhood

with a focus on reducing vulnerability.

Hence the YaR Forum shall:

5.3.8.1. Plan and implement pro-

grammes to reduce the risks faced

by vulnerable children and collabo-

rate with stakeholders at all levels to

ensure that children are protected

from all forms of inhuman degrading

treatment including abuse, exploita-

tion, neglect and violence.

5.3.9.2. Create awareness against

harmful customary practices such as

child marriage, corporal punishment,

20

ragging, human sacrifices, honour

killings and witch hunting.

5.3.9.3. Advocate before the State

for special protection measures,

schemes and rehabilitation measures

to address the special needs of chil-

dren at risk.

5.3.9.4. Make efforts to enrol school

dropouts back in school and prevent

children from dropping out of school

so that they may not fall into the dan-

gerous situations of child labour and

other forms of exploitation.

5.3.9.5. Build the capacity of person-

nel who have the responsibility for

the care of children with adequate

information, education, training in the

right attitudes and practical skills.

5.3.9.6. Create awareness among

children about their rights, about how

to respond to situations of risk and

thus train them to protect themselves.

5.3.9.7. Provide support to children

to safeguard their property and to

receive their rightful inheritances

which may be under threat because

of the situations of disadvantage that

they are in.

The YaR Forum believes that abuse,

neglect, exploitation and violence

against children are not acceptable

in any form. If it is known that a child

is being abused, exploited, neglected

or is a victim of violence, keeping

silence or being indifferent would be

wrong.

5.4. ParticiPation

Child Participation refers to the

involvement of the child in the

process of making decisions which

affect the child’s own life and the

life of the community in which the

child lives. The YaR Forum wants to

ensure that children are made aware

of their rights and are provided with

opportunities to develop skills, form

aspirations and express their views in

accordance with their age and matu-

rity and to enable them to be actively

involved in their own development

and in all matters concerning and

affecting them. Accordingly the YaR

Forum shall:

5.4.1. Respect the views of children

and discuss with them and under-

stand matters concerning them.

5.4.2. Provide training to build the

capacity of personnel in the organiza-

tion on the concept and processes of

child participation.

5.4.3. Empower children by provid-

ing them information about their

rights.

5.4.4. Design all programme so as

to move consciously from welfare

approach to rights-based approach

and engage children (whose age

so permits) in programme planning,

implementation and evaluation.

Establish mechanisms for participa-

tion and involvement of children on

matters related to them.

5.4.5. Provide opportunities for

children to be members of children’s

clubs, groups and movements.

5.4.6. To provide opportunities to

children to grow up as persons with

a sense of purpose, convinced and

responsible, and to relate to the

Divine and to practice their religion

meaningfully.

5.4.7. Create a neighbourhood/

society that is participatory and child-

friendly.

5.4.8. Provide life skills training for

children to acquire appropriate knowl-

edge and skills with a view to their

adequate participation in decision-

making processes that affect their

lives, have awareness about their

rights, know where to go, who to talk

to, and how to avoid or respond to

risks.

21

6. Child Protection and YaR Organizational Protocols

Child Protection is related to orga-

nizational protocols, policies and

procedures aimed at to ensuring

that every child under the care of the

organization is safe while they are

under its care:

6.1. All the personnel will give respect

and dignity to all children under their

care. Furthermore they shall consider

each child as a unique individual with

specific characteristics and needs

and shall adopt an individualized

plan/approach for each child.

6.2. All the personnel must sign a

statement stating that they are aware

22

of the contents of the Child Policy

and would respect and abide by it

and understand that action would be

taken against them in cases where

their behaviour is not in accordance

with the policy.

6.3. Prior permission is required from

authorized persons for volunteers and

externs to photograph, video graph,

and record children/children’s events

and with a view to use of these mate-

rials for purposes outside the objec-

tives of the organization. Under no

circumstances will anyone be allowed

to use these materials for any com-

mercial purpose.

6.4. All personnel need to be aware of

the risks involved in being alone with

a child where one cannot be noticed

by other adults. Such situations must

be avoided.

6.5. To create an atmosphere that

prevents child abuse and promotes

child protection, it is important

that all the personnel abide by the

stipulations mentioned in the docu-

ment, “Protection of Minors: Policy

Statement and Guidelines for use

in Salesian Institutions”, (Art: 1.2.2),

published by SPCSA, New Delhi,

2006. See Annexure 1.

6.6. Children must not be disciplined

using any form of violence. Children

must not be expelled from the care

of the organization arbitrarily by an

individual, but such decisions must be

the result of a consultative process

among authorized persons that keeps

in mind the spirit of the Child Policy.

6.7. All personnel need to be aware

that they may be working with

children who, because of the cir-

cumstances and abuses they have

experienced in life, may exploit a rela-

tionship to win special attention. The

adults are always expected to behave

appropriately and responsibly in their

interaction with children even when

a child may be acting in a provoca-

tive or seductive manner. The adult

should avoid being in a compromising

or vulnerable situation.

6.8. Inappropriate behaviour towards

children, the failure to behave in

accordance with the YaR Child Care

and Protection Policy can lead to

disciplinary action including termina-

tion of employment/ volunteer status/

internship and/or board/ committee

membership.

6.9. All personnel must be concerned

about demeanour and appearance

in their dress, language, action, and

relationship with children. It is im-

portant to maintain an appropriate

standard of behaviour in the presence

of children. (E.g. They should not

use unbecoming language, tobacco

products and liquor in the presence

of children who are under the care of

the organization.)

6.10. Children who are victims or who

are suffering from grave problems

need to be cared for by professionals

and by responsible persons who have

the skills to give them the proper

care.

23

7. Recruitment, Training and Capacity Building

7.1. All personnel will be carefully and

properly screened, selected and ap-

pointed following the HR policy. Pref-

erence will be given to persons who

have records of positive contribution

for the promotion of child welfare.

7.2. Persons selected will have to be

child-friendly, with qualifications per-

taining to child care and promotion,

such as degrees/training in peda-

gogy, sociology, psychology, law and/

or long-term experience of working

with children.

7.3. In view of the best interests of chil-

dren, the organization will not appoint

anyone with a prior conviction for child

abuse, paedophilia or related offences.

7.4. Training, capacity-building

programmes and relevant activities

will be conducted by the organization

to help all personnel to understand

the content of the Child Policy, Child

Rights, legal systems in the country

pertaining to Child Rights and the

Pedagogy of Presence (Preventive

System).

7.5. The organization will be committed

to the ongoing monitoring and evalua-

tion of child care, protection procedures

and behavioural protocols.

7.6. Once a year the staff and volun-

teers will undergo a self- appraisal,

peer appraisal and organizational as-

sessment to evaluate and to monitor

their services for the care and protec-

tion of children.

7.7. For further directions regarding

recruitment, training and capac-

ity building of personnel, the YaR

Forum shall be guided by the relevant

stipulations contained in the docu-

ment, “Protection of Minors: Policy

Statement and Guidelines for use in

Salesian Institutions”, (Art. 2.1-2.2.2),

published by SPCSA, New Delhi,

2006. See Annexure 2.

24

8. Documentation and Research

8.1 Guided by the Juvenile Justice

Act and other relevant policies, efforts

need to be made to establish ap-

propriate data collection mechanisms

and systems to document effectively

information about the children served,

about the activities and programmes

conducted about the organization itself.

8.2 Reports generated from the docu-

mentation would help to identify existing

gaps and to plan the future operations

on behalf of the Young at Risk.

8.3 Child-focused researches and a

comprehensive training of person-

nel will also be initiated to meet the

emerging needs and to improve the

effectiveness of services to the Young

at Risk.

8.4 The progress of the child under

the care of the organization needs

to be documented ensuring that all

aspects of their growth is taken care

of till he/she is positively rehabilitated.

25

9.1. Children at Risk often are not

able to make their voices heard at the

right places. The YaR Forum aims to

find ways to create spaces for their

voices before the State and other

significant bodies.

9.2. It is important to influence politi-

cal governance and decision making

so that issues and concerns of Young

at Risk get represented in national

policies and programmes.

9.3. Efforts will be made to collabo-

rate with the State and its allied sys-

tems, mechanisms and programmes

and to participate at consultations to

help promote the special needs of

disadvantaged children.

9.4. Efforts should be made to join

hands with the State and Non-state

bodies for the care and protection of

children by participating and accept-

ing roles and responsibilities in bod-

ies/committees and structures set up

by them for the welfare of children.

9. Advocacy

26

10. Responses to Allegations of Offences Against Children

10.1. The organization encourages

open discussion during organizational

meetings on the occurrence and the

possibilities of child abuse, exploita-

tion, neglect and violence.

10.2. Where an allegation has been

made that a personnel of the or-

ganization has abused a child, the

organization will take appropriate

action with promptness to deal with

the allegation. In dealing with these

allegations the YaR Forum will com-

ply with the demands of the existing

legal provisions. If the abuse is very

serious and falls under IPC or any

other relevant law a first information

report (FIR) must be filed with the

local police by the YaR Centre and/

or Provincial Commission for Profes-

sional Standards, as the case may

be.

10.3. Any personnel of the organi-

zation who has enough reason to

believe that a child has been abused

by a personnel or by an extern is

duty bound to report the matter to

the child protection committee of the

organization.

10.4. Any personnel to whom a child

has revealed that he or she is abused

is bound to report it to the child pro-

tection committee of the organization.

10.5. The allegation will be kept

confidential, with only those directly

concerned having the information.

Any investigation on allegations will

also be kept confidential.

10.6. An accusation of abuse by a

child will not be dismissed without ap-

propriate investigation, no matter who

the alleged perpetrator is.

10.7. Records will be made of all

facts related to the investigations

of child abuse allegations and they

will be carefully and confidentially

filed by the committee. It is not

necessary to keep a record of an al-

legation if an inquiry is not initiated

regarding the allegation. An inquiry

will be initiated only if the allega-

tion is submitted in writing. A signed

statement may not be necessary

from the child who complains of

having been abused since it may be

27

difficult for him/her to give a signed

compliant. But the one to whom

he/she has confided regarding the

abuse can record the details of the

complaint.

10.8. Both the child and the alleged

perpetrator will be treated with re-

spect from the start of the process to

its close. Extreme care will be taken

to protect the child who is more vul-

nerable. This could include placing

the accused on administrative leave

until the investigation is completed,

without prejudice to the existing state/

labour laws.

10.9. If a foreigner is involved in child

abuse, the relevant embassy will be

informed.

10.10. The child Protection Com-

mittee of the organization is to be

constituted of three persons who

are child friendly, possess adequate

knowledge of the YaR Child Policy,

child rights and the relevant legal

provisions and have sufficient experi-

ence of working with children. The

head of the committee will be known

as the Child Protection Officer and it

will be appropriate to have a woman

member in the child protection com-

mittee.

10.11. The child protection commit-

tee on receiving a complaint of child

abuse will initiate a preliminary inquiry

into the allegation after obtaining

the permission of the Director of the

organization. If the inquiry reveals

that the allegation is not of a grave

nature the committee will proceed

with the investigation. If found guilty,

a just penalty will be imposed with

the approval of the Director of the

organization.

10.12. If the allegation is against the

Director, then the procedure is carried

out in consultation with the President

of the registered trust or society to

which the organization belongs.

10.13. If the allegation of abuse is of

a grave degree then the child protec-

tion committee asks the Director of

the organization to report it to the

28

Provincial. If the allegation is against

the Director then the committee will

ask the President of the Trust or the

Society to report it to the Provincial

who will direct the allegation to be

investigated by the Provincial Com-

mission for Professional standards.

10.14. The process of investigation

that will be followed by the Provin-

cial Commission for Professional

standards will be according to the

guidelines contained in the docu-

ment, “Protection of Minors: Policy

Statement and Guidelines for use in

Salesian Institutions”, (Art: 5), pub-

lished by SPCSA, New Delhi, 2006.

See Annexure 3.

10.15. When a person is found guilty

of grave child abuse by the Provin-

cial Commission for Professional

Standards, his or her services are

immediately terminated without preju-

dice to existing state/labour laws. If

the abuse is of a lesser degree the

person found guilty is punished with a

just penalty. Persons who have been

found guilty of grave child abuse are

not to be transferred to another YaR

centre or any centre where such a

person will be once again in frequent

contact with children. Such persons

are also not to be appointed to work

with children at such centres.

10.16. The effects of an abuse can

be damaging and long lasting. Hence

YaR Forum commits itself to support

and accompany the victims of abuse

and their families to the best of its

ability to facilitate healing and recon-

ciliation.

10.17. In the matter of action to be

taken when a personnel (employee or

Salesian) is found guilty or innocent

by the Provincial commission for Pro-

fessional Standards, the YaR Forum

is bound to follow the stipulations

laid down in the Art.6 of the docu-

ment, “Protection of Minors: Policy

Statement and Guidelines for use in

Salesian Institutions”, published by

SPCSA, New Delhi, 2006. See An-

nexure 4.

10.18. If any personnel in the organi-

zation have reason to believe that a

child from the neighbourhood society

and not necessarily a child under

the care of the organization is being

abused, the staff must report it to the

competent authority in the organiza-

tion within 48 hours, and the compe-

tent authority in the organization will

be required to make arrangements

to report it to the competent legal

authority in the locality.

10.19. The organization will designate

someone to deal with the media and

the police if necessary. The Child Pro-

tection Committee after due consider-

ation will decide about what and how

to inform the police and the media.

29

11.1. The Organization will not display

or publish photos of children in vul-

nerable or humiliating situations.

11.2. Communications about children

should use pictures that are decent

and respectful. If photographs of

children need to be published, the

organization will take special care

to protect children’s privacy, if so

required, in the best interests of the

child.

11. Communication About Children

11.3. Disclosure of information about

the past or present abuse of children

and of any of the persons involved

should be treated with confidential-

ity, and disclosure should be limited

only to the persons who are entitled

to know and on matters they strictly

need to know.

11.4. The language used in the com-

munication about children should be

respectful.

11.5 If the reports regarding children

are found to be expressed in indecent

and using disrespectful language,

appropriate efforts should be under-

taken to correct such adverse expres-

sions.

30

All the personnel of YaR Forum which

includes members of the manage-

ment, committee/board members,

staff, volunteers and interns and the

member organizations and their per-

sonnel shall abide by this policy.

12. Evaluation and Review of Policy

The problems and difficulties being

faced by children today may change

over time. Current challenges may

be overcome and new issues could

emerge that require new approaches

not covered by this policy. This

necessitates that the policy be an

evolving document that is periodi-

cally reviewed both in approach and

implementation methods.

The YaR Child Policy will be reviewed

every year at the Annual General

Body Meeting of the YaR Forum.

However, a comprehensive review

spearheaded by the YaR Forum, in

consultation with all stakeholders,

including children, will be conducted

once in 5 years. The review will be

done with reference to issues put

forth in this document and others-

emerging and relevant to the care

and protection of children especially

the Young at Risk.

13. Who are governed by this Policy?

31

“Protection of Minors: Policy statement and Guidelines for use in salesian institutions”, (art. 1.2.2), published by sPcsa, new Delhi, 2006.

1.2.2 contacts and behaviours that are appropriate and inappropriate:

Don Bosco insists “that the youngsters should not only be loved, but that they

themselves should know that they are loved.” There are many ways of showing

affection, some of which are appropriate and others inappropriate. The following

lists may help us to strike an accepted and happy medium in this area. More than

a list of ‘dos’ and ‘don’ts’, they are a reminder to live a role where one enjoys trust

with responsibility.

1.2.2.1 contacts and activities that are appropriate Under Most circumstances

a) Handshake.

b) Normal hugs when initiated by a child.

c) Pat on the shoulder.

d) Arms around shoulders

e) Sitting close to or in the midst of children

f) Verbal praise of a child’s achievements.

g) Holding hands during prayer, or when the child is upset.

h) Holding hands while walking with small children.

i) Holding and picking up children

j) Smiling at and/or laughing with a child.

1.2.2.2 restrictions on Physical activities and contacts

a) Any touching of a child shall be age appropriate and based on the need of the

child and not on the need of the adult. If a child initiates physical contact, an ap-

A. Annexures

i.

32

propriate, limited response is proper.

b) One does not engage in wrestling with a child.

c) One does not hold, hug or touch a child if the child resists in any way.

d) One does not engage in excessive or frequent hugging.

e) If one-on-one pastoral care of a child should be necessary, avoid meeting

in isolated environments and in closed rooms where one cannot be seen.

Schedule meetings and use locations that create accountability and do not

give rise to suspicion.

f) All trips, rides, vacations and other such activities must have the approval of

the parents and/or the appropriate institution prior to the activity.

g) No child shall live in the living quarters of adult personnel.

h) No child shall be taken to an adult personnel’s living quarters unless accompa-

nied by other adults.

i) No overnight trips with a child or a group of children unless at least one other

adult (Salesian, parent or collaborator) is present.

1.2.2.3 restrictions on emotional contact

a) One does not excessively e-mail any child.

b) One does not telephone children unless necessary; primary contact should be

with the child’s parent.

c) One does not get excessively involved in a child’s activities or life.

d) No adult should have an exclusive friendship with one child.

1.2.2.4 restrictions on behaviours

a) One does not provide children with alcoholic beverages, tobacco, drugs or

anything that is prohibited by law.

b) One does not engage in any physical discipline of a child.

c) One does not give gifts or money to a ‘special’ child.

d) One does not show favouritism to select children in scholastic, co-curricular or

other activities.

e) One does not use disciplinary action as an excuse for prolonged interaction

with select children.

f) One does not take photographs of children while they are nude, partially nude

or undressing.

g) One does not undermine parent’s authority by ridiculing parent’s beliefs or

allowing children to do things against the wishes of their parents.

h) One does not ask a child to keep a secret from his or her parents.

33

i) One does not shame or belittle a child.

j) Topics, vocabulary, recordings, films, games or the use of computer software or

any other form of personal interaction or entertainment that could not be used

comfortably in the presence of parents should not be employed with children.

Sexually explicit or pornographic material is never appropriate for children.

“Protection of Minors: Policy statement and Guidelines for use in salesian institutions”, (art. 2.1-2.2.2), published by sPcsa, new Delhi, 2006.

2.1 screening Procedures for Personnel who are not salesians

In order to ensure the well-being of children Don Bosco insisted that all “teach-

ers, craft masters and assistants must be of acknowledged morality” The Salesian

Society is committed to making all reasonable efforts to assure that its personnel are

trustworthy and morally upright. All hiring or acceptance of employees shall be done

carefully. All existing agreements with the non-Salesian personnel shall be reviewed

and shall be amended, if necessary, to include the statement that anyone found guilty

of a grave act of child sexual abuse will be terminated immediately without prejudice

to the respective State/Labour laws.

2.1.1 information and references to be Provided

All non-Saleisan personnel will be required to provide certain information about

themselves and names of some persons who can be referred to as part of the appli-

cation process by filling up the forms given in Appendix A, B and C (Application Form,

Criminal Record Form, Health Form). The information and references submitted by

potential personnel are to be carefully reviewed.

2.1.2 interview

All non-Salesian personnel shall be interviewed in person by a team consisting of

at least two Salesians designated by the institution.

2.1.3 acknowledgement of the child abuse Policy

The Policy of the Province with regard to preventing and dealing with cases of

child sexual abuse is to be made part of the “Service Rules” of the Institution or part

of the “Code of Conduct for those working in Salesian Institutions.” All personnel

shall consent to abide by the “Service Rules” or “Code of Conduct.”

2.2 Employee Education and Policy Information

ii.

34

2.2.1 Making available this Policy statement and Guidelines

All Personnel will receive a copy of the “Service Rules” or “Code of Conduct” of the

Institution. Copies of this “Policy Statement and Guidelines for Preventing and Treat-

ing Cases of Child Sexual Abuse,” shall be made available in all institutions of the

Province at a place easily accessible (e.g. library) to all personnel.

2.2.2 training

All new personnel will be made familiar with this “Policy Statement and Guidelines for

Preventing and Treating Cases of Child Sexual Abuse,” during in-service training.

Presentations on Child Abuse and on this Document will also be given at appropri-

ate gatherings such as: Faculty/Staff meetings; Workshops/training programmes for

faculty/staff; Orientation programmes for students/children

The text, “Guidelines for Affective and Sexual Maturity: For Formation of Lay Collabo-

rators in Dealing with Young People,” prepared by Fr. Abraham Vettical may be used

for giving training.

“Protection of Minors: Policy statement and Guidelines for use in salesian institutions”, (art. 5), published by sPcsa, new Delhi, 2006.

article 5: the Provincial commission for Professional standards

And the Process of Investigation

[Comment: In a letter addressed to the Salesian Provincials, titled, “Some Guidelines

Concerning the Abuse of Juveniles, dated 19 July 2002 the Rector Major and the

General Council asked each province to set up an “appropriate committee for deal-

ing with alleged cases of abuse,” and described its competence and duties in broad

lines. The following text is based on the guidelines given therein and in the Code of

Canon Law, both of the Latin (CIC) and Oriental Churches (CCEO)].

5.1 establishment and composition of the Provincial commission for Profes-

sional standards

a) Each Province shall set up a Provincial Commission for Professional Standards

to assist the provincial in his task of dealing with alleged cases of sexual abuse

of children.

b) The Commission is made up of three to five competent persons like a lawyer,

a psychologist, a priest and possibly other members endowed with wisdom

and prudence. It is recommended that some members of the Commission be

iii.

35

lay persons. The names of the Commission members is made known to the

province.

c) The Coordinator of this Commission is appointed by the Provincial and he will

have power to act in the name of the Provincial.

5.2 competence and Purpose of the Provincial commission for Professional

standards

a) The Provincial Commission for Professional Standards exists to investigate

cases of child sexual abuse in keeping with the directives of Canon Law and

the Salesian Congregation, to provide advice and to review policies and has no

independent power or authority.

b) The Provincial Commission for Professional Standards shall:

a. Examine alleged cases of sexual abuse of children on the part of Salesians, for

the purpose of informing the Provincial of the innocence or culpability of the ac-

cused.

b. Suggest to the provincial modes of procedure in conformity with the laws of the

country, state and the Church.

c. Interview the accused Salesian, the victim(s), and other persons of interest and

will inform them of the results of the enquiry.

d. Propose to the Provincial criteria and guidelines for the Province in dealing with

the victim, the accused and at risk members.

e. Review the Provincial’s pastoral response to the individual making the allegation

and, as appropriate, to his/her family

f. Maintain contact with the parallel committee of the diocese

g. Offer to the provincial opinion concerning the suitability of the accused person for

continuing in religious life and ministerial priesthood.

5.3Officers

a) The Coordinator of the Provincial Commission for Professional Standards shall

chair the meetings of the Commission. He shall ensure that the work of the Com-

mission is properly documented and communicated to the Provincial and appoint

other ad hoc assistants from among the other Commission members as may be

required to accomplish the work of the Commission.

b) At the beginning of each meeting of the Provincial Commission for Professional

Standards, the coordinator shall appoint a recording secretary to record the deci-

sions and other relevant actions of the Commission.

36

5.4 record Keeping

a) The Provincial Commission for Professional Standards shall maintain a file on

every case or matter it considers. Each file shall contain a written description

of the matter presented to the Commission, a written report of the investigation

conducted, conclusions reached, and a written summary of the advice given to

the Provincial.

b) The files of the Provincial Commission for Professional Standards are the prop-

erty of the Province whose member is being investigated.

c) The records kept and all other documents and information received by the mem-

bers of the Commission shall be treated as confidential.

5.5 operating Procedures

5.5.1 Preliminaries - responding to a complaint

a) When there is an allegation, which according to the considered judgement of the

provincial needs further investigation, the Provincial shall notify the coordinator of

the Commission. The Coordinator shall promptly contact the other members of

the Commission and schedule a meeting as soon as practical.

b) The Provincial shall provide the Commission with all the information that is at his

disposal relevant to the matter under consideration.

c) The Commission will determine if the accusation deals with an abuse that should

be treated by penal process as described in the Code of Canon Law (CIC 1720-

1728; CCEO 1471-1479), or if the complaint can be dealt with by correction and

apology, and accordingly give the complainant other means of addressing the

issue. This may include voluntary mediation in an issue. The Commission will

keep in mind the gravity of the offence as indicated by CIC 1395 ç2, 1321ç3;

CCEO 1453 ç1, 1414 ç 2.

d) The Commission may make a recommendation concerning any immediate action

that needs to be taken in relation to the protection of vulnerable children and

adults.

e) The Coordinator shall inform the accused of the nature of the complaint if it is

possible to do so. The accused needs to be given enough details about the com-

plaint, and the complainant to be able to make a response. The accused shall be

entitled to information about the process for dealing with the complaint. The ac-

cused will be offered the possibility of choosing a support person, if needed, from

a list of support persons indicated by the province. The accused may choose

someone of his preference from outside the list also.

37

f) The Coordinator shall seek a response from the accused within a specified time

limit in order to determine whether the facts of the case are significantly disputed.

g) The Commission may ask the provincial to see that the accused stand aside

from a particular office or from all offices held in the province, pending investiga-

tion. The provincial may seek the opinion of others involved in the matter before

making a decision, and shall give the accused the opportunity to be heard on the

matter. Where the accused is a Salesian, the provincial shall comply with CIC

1722, CCEO 1473.

h) Under no circumstances shall there be any attempt to intimidate a complainant or

to dissuade a complainant from proceeding with a complaint.

5.5.2 Proceeding with the investigation

a) Where the complainant is not the victim, the coordinator shall not make arrange-

ments to interview the victim without first discussing the matter with the complain-

ant. If the facts are disputed, and it is not possible to interview the person who

has been victimized, then it may not be possible to proceed any further in dealing

with the complaint unless relevant information from other reliable sources are

available.

b) When a child has to be interviewed the coordinator shall get the services of

someone professionally recognized as skilled in interviewing children. The

province shall make available the names of skilled practitioners in interviewing

children.

c) Special care shall be taken in interviewing persons with intellectual or psychiatric

disability. Only a qualified and experienced person shall conduct such interviews.

d) The coordinator has the discretion to close a matter if the complainant decides

not to cooperate with the process and there is no reasonable ground of getting

reliable information from other sources.

e) The coordinator shall arrange an interview with the accused if the person is

available and willing to speak to the coordinator or other members of the Pro-

vincial Commission for Professional Standards. If the accused does not wish

to cooperate with the process, the process will continue and reach a conclusion

concerning the truth of the matter so that the provincial can make an appropriate

response to the complainant.

f) Where an interview has to take place with the accused, the coordinator shall

inform the accused that in Church law a person is presumed innocent till proven

guilty. An accused person may be invited to admit to an offence but is not bound

to do so, nor may an oath be administered (CIC 1728 ç2, CCEO 1479?).

38

g) The accused has a right to obtain independent legal advice. The accused is

entitled to have one support person of his/her choice during any interview.

h) Decisions about who should be interviewed are made after taking into account

also the wishes expressed by the complainant and the accused. The Coordina-

tor will make known to the complainant the version of events as presented by the

accused.

i) The province is not required to disclose documents which it has an obligation to

guard as confidential to the accused or to any other person.

j) A written record shall be made of all interviews.

k) The Provincial Commission for Professional Standards will provide a written

report to the provincial of its findings. They shall also comment on how serious

the offence was from a pastoral perspective and the punishment to be imposed.

The punishment is to be “according to the gravity of the offense, not excluding

dismissal or deposition” (Motu Proprio, Sacramentorum Sanctitatis Tutela, 2001,

no 4 ç2; Cf. CIC 1395 ç2, 1321ç3; CCEO 1453 ç1, 1414 ç 2.; Criteria and norms

for Salesian Vocation Discernment, nos.75-76).

l) The complainant and the accused are entitled to know the findings of the assess-

ment promptly. The provincial should communicate this to them. The Provincial

may delegate the Coordinator to do this.

m) If the Provincial Commission for Professional Standards decides to reject the

complaint, then it must provide reasons for its decision to the complainant.

n) During the assessment, and therefore, at a time when guilt has been neither

admitted nor proven, the issue of guilt, liability or the particular course of action

that may follow assessment cannot be commented upon.

o) As the assessment process is a difficult and trying time for all concerned, par-

ticularly the complainant and the accused, the process of assessment shall be

undertaken and concluded as quickly as possible (three months).

p) Where the accused is a Salesian, the documents associated with the investiga-

tion (penal process) shall be preserved in accordance with CIC 1719, 489-490;

CCEO 1470.

q) The records of the interview and all other documents are to be treated as confi-

dential.

r) The process of investigation is complete in relation to the complainant when the

provincial gives a response to him/her at the end of the investigation. It may

happen that the complainant does not pursue the case or does not show interest

in the case after the initial complaint. In such a situation the investigation may

not have been initiated or completed and it is considered as officially closed three

39

months from the day the complaint was accepted. [At times the investigation may

not have been initiated because the complainant shows no interest in the case

indicating that the complaint may not be true]. The process is complete in relation

to the accused when the provincial has made known to the accused his findings

as well as his decision concerning the ministry that the accused person may

engage in from that time.

“Protection of Minors: Policy statement and Guidelines for use in sale-sian institutions”, (art. 6), published by sPcsa, new Delhi, 2006.

article 6: actions to be taKen WHen one is foUnD GUiLtY or

innocent

6.1 the Duty of the Provincial and His council

Once the Provincial has received the findings of the Provincial Commission for Pro-

fessional Standards, he will present the findings to his Council, which gives its judge-

ment, expressing this also by a vote. The Provincial, after consulting his Council, will

also decide on the measures to be adopted canonically (including the prohibition to

exercise the priestly ministry and possible dismissal).

6.2 actions to be taken when an employee is found Guilty

a) If an employee admits guilt, does not contest guilt, or there is a finding of guilt,

with regard to a grave act of sexual abuse of a child, his or her services are im-

mediately terminated without prejudice to existing State/Labour Laws. Adequate

safeguards are taken to assure that the Salesian Society does not employ the

individual in any capacity.

b) For acts of sexual abuse of a child of a lesser degree (e.g. indecent proposal),

one is punished with a just penalty, not excluding dismissal.

c) For the evil/criminal act committed and the legal consequences that arise from it

he/she alone is responsible

d) He/she is exhorted to own his/her responsibility and to cooperate fully with any

investigation that may he initiated..

e) The province will accompany him/her according to the demands of Christian

charity to face the new situation.

6.3 actions to be taken when a salesian is found Guilty

a) If a Salesian member, who has completed the initial formation (e.g. Perpetually

iv.

40

Professed Salesian Brother, Priest) admits guilt, does not contest guilt, or there is

a finding of guilt, with regard to a grave act of sexual abuse of a child that person

is removed at once from every public, pastoral or educative ministry, and placed

in a position where the possibility of contact with children will be minimal. He may

be suspended a divines (= from the ministry of clerics) or restrictions may be

placed on his exercise of sacramental ministry. He could be dismissed from the

clerical state, if the case so warrants (cf. CIC 1395 ç2; CCEO 1453 ç1; Rector

Major’s Letter of 19 July 2002).

b) In the case of one in initial formation he is not admitted to renewal of profession

or orders and is asked to leave the congregation (Criteria and Norms for Salesian

Vocation Discernment, nos.75-76)

c) For acts of sexual abuse of a child of a lesser degree (e.g. indecent proposal),

one is punished with a just penalty, not excluding removal from office and ministry

(cf. CIC 1395 ç2; CCEO 1453; Sacramentorum Sanctitatis Tutela, n.4 ç2)

d) In the case of public scandal when a priest or deacon is concerned he is to be

immediately suspended a divinis (= from the ministry of clerics). In certain cases,

it is fitting that the confrere asks for dispensation from celibacy. He may be also

dispensed from the clerical state and the congregation if the case so warrants.

e) For the evil/criminal act committed and the legal consequences that arise from it

the guilty person alone is responsible (in the spirit of Regulations 191).

f) The accused confrere is afforded a competent follow-up of a spiritual, psychologi-

cal and medical kind through a well chalked out Ongoing Accompaniment Plan

(see article 8).

g) No Salesian who has committed an act of sexual abuse of a child may be trans-

ferred for ministerial assignment to another province/diocese or eparchy.

h) Before a Salesian can be transferred for residence to another province, diocese/

eparchy the provincial shall forward, in a confidential manner, to the local provin-

cial and bishop/eparch of the proposed place of residence any and all informa-

tion concerning any act of sexual abuse of a child and any other information that

he has been or may be a danger to children or young people (Cf. Letter of Fr

Adriano Bregolin dated 24 July 2004 addressed to all Salesian Provincials as well

as “Charter for the Protection of Children and Young People” of the United States

Conference of Catholic Bishops, art 14).

6.4 actions to be taken when the accused Person is Proved innocent

a) If the individual is found innocent, all charges are dropped. The Provincial will

consult the Provincial Commission for Professional Standards and the Director of

41

the Institution where the accused had worked to determine if it is to the benefit of

all to restore the individual to his or her duties. In any event, the situation shall be

noted in the individual’s personal file for future reference if necessary.

b) The Provincial will coordinate communication with all appropriate parties so that

reconciliation can take place where possible and the damage done to reputations

can be repaired.

c) The Provincial shall take whatever steps are necessary to restore the good repu-

tation of the one who was accused.

d) If it is ascertained that the accusation was done maliciously legal action for defa-

mation may be initiated against the one who made the false accusation.

6.5 reporting to the Local bishop and the rector Major

a) Once the accusations have been verified, the Provincial will inform the Local

Bishop.

b) The Provincial will send all the documentation with his final judgement to the Rec-

tor Major.

42

reQUest for an investiGation into sUsPecteD cHiLD abUse

Name of the child____________________________________________ age_________ M F

Address____________________________________________________________________________

___________________________________________________________________________________

Name of parents ___________________________________________ phone_____________________

Address ____________________________________________________________________________

___________________________________________________________________________________

Nature and extent of suspected abuse:

Previous injuries, event, and symptoms of note:

Identity and address of alleged offender (if known):

Date: ___________________________

Name: ____________________________________________

____________________________________________

Signature

B. Appendixes

i. format for requesting investigation into suspected child abuse

43

DecLaration of coMMitMent to tHe cHiLD PoLicY

I declare that:

I have read and understood the Child Care and Protection Policy of the organization. The contents of it were

explained to me in a language that I am familiar with.

I will work according to the procedures as laid out in the Child Policy.

I have not been convicted of any offence involving moral turpitude or any offence involving physical, emotional

and sexual abuse of children, nor are there any such cases pending against me.

I understand that if a complaint is brought against me regarding abuse of children while working with the

organization, I will co-operate with the appropriate authorities during the investigation.

If I am proved guilty of child abuse, I alone am responsible for the act of abuse and for the legal consequences

that arise from it.

Signature……………………………………… Name…………………………….......………………………………

Designation…………………………………........................................... Date………….…………………………

Signature of the witness……………………………………. Name……..............………………………………….

ii.Formattobefilledinandsigned,todeclareonescommitmenttothechildpolicy

44

BM –The Biographical Memoirs of St. John Bosco (19 Volumes)

CIC - Codex Iuries Canonici (The code of Canon law of the Latin Church)

CWC - Child Welfare Committee

DBNF YaR - Don Bosco National Forum for the Young at Risk

FIR - First Information Report

IPC - Indian Penal Code

JJ Act - Juvenile Justice (Care and Protection of Children) Act 2000

JJB - Juvenile Justice Board

Jn - Gospel of St. John

SPCSA - Salesian Provincial Conference of South Asia

UNCRC - United Nations Convention on the Rights of the Child

WHO - World Health Organization

YaR - Young at Risk

YaR Forum - Young at Risk Forum

Abbreviations

Don Bosco loved much, dreamt big and showed the way.

Today, this man’s name is magic. Millions of

young people in one hundred and thirty-two

countries around the world have found hope and

learnt to live responsible lives because of Don

Bosco.

He would often say, “It is enough for me

that you are young, for me to love you”.

His life was a living out of that love.

The YaR Forum wants to keep this

love alive. We want the miracles of his

dream to continue. We want to dream

with the young and make their best dreams

come true.

(Adapted from Don Bosco, He loved much... dreamt big... showed the way by Joe Mannath SDB)

Don Bosco National Forum for the Young at RiskPalam Gaon, New Delhi – 110 045, INDIA.

Ph. 011 25081014, Email: yarindiaforum@gmail.com

The YaR Forum Network reaches out to the deprived and marginalised young such as

children/youth on the streets, child labourers, abandoned and total orphans, children

in conflict with law and young prisoners, young substance abusers, young victims

of abuse, young victims of ethnic violence and armed conflicts, the young infected

or affected by HIV/AIDS, children trafficked, school drop outs, run away and missing

children, and others. Those are the young whose safety, wellbeing and development

are at risk through neglect, abuse and exploitation.

Over 95 cities and towns in India are reached by YaR Network to provide care and

protection to the deprived and marginalised children and youth through shelter

homes, children’s homes, youth hostels, street presences, childline services, Homelink

Child Tracking Systems, child labour schools, vocational training, academic education

programmes, child rights centres, documentation, research, advocacy programmes….

and many more. On an average, the YaR Network Members together reach out to over

two and a half lakh of children/youth at risk across India annually.

Young at Risk