Section 40 - Juvenile Justice (Care and Protection of Children) Act, 2015

40. Restoration of child in need of care and protection.-

(1) The restoration and protection of a child shall be the prime objective of any Children's Home, Specialised Adoption Agency or open shelter.

(2) The Children's Home, Specialised Adoption Agency or an open shelter, as the case may be, shall take such steps as are considered necessary for the restoration and protection of a child deprived of his family environment temporarily or permanently where such child is under their care and protection.

(3) The Committee shall have the powers to restore any child in need of care and protection to his parents, guardian or fit person, as the case may be, after determining the suitability of the parents or guardian or fit person to take care of the child, and give them suitable directions.

Explanation.-For the purposes of this section, "restoration and protection of a child" means restoration to-

(a) parents;

(b) adoptive parents;

(c) foster parents;

(d) guardian; or

(e) fit person.