Juvenile Delinquency and Justice System

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Questions and Answers

What does a child who has been in conflict with the law not face punishment for?

Failing to acknowledge their case (correct)

Receiving capital punishment

Being deprived of legal assistance

Being imprisoned with adult offenders

Which right ensures that a child in conflict with the law is not subjected to harsh treatment?

The right to legal assistance

The right to bail

The right to contact family

The right to humane treatment (correct)

What is a sentence that cannot be imposed on a child according to their rights?

A fine

Probation

Life imprisonment without release (correct)

Community service

Which of the following is a right of a child when deprived of liberty?

To maintain family contact Signup and view all the answers

In what situation can a child in conflict with the law be denied bail?

When the offense is punishable by life imprisonment Signup and view all the answers

What condition must be met for detention or imprisonment of a child in conflict with the law?

It should be for the shortest time possible Signup and view all the answers

Which right allows a child to challenge the legality of their detention?

The right to prompt legal assistance Signup and view all the answers

What is specifically mentioned as a condition regarding the treatment of children deprived of liberty?

They must always be separated from adult offenders Signup and view all the answers

What determines if a child in conflict with the law (CICL) is considered a neglected child?

Age and frequency of offenses committed Signup and view all the answers

What type of program is mandated for a CICL who has committed an offense for the second time?

Community-Based Intensive Intervention Program Signup and view all the answers

In what circumstance must a child be placed in a Bahay Pag-asa?

If their best interest requires it Signup and view all the answers

What happens if the child's parents or guardians refuse to authorize the child's commitment to Bahay Pag-asa?

A petition for involuntary commitment is filed Signup and view all the answers

Who supervises the intensive community-based intervention program for a child?

Local Social Welfare and Development Officer Signup and view all the answers

What must the court determine regarding a child after their completion of the intervention program?

Whether the child is ready for family reintegration Signup and view all the answers

At which step can diversion proceedings occur for a child in conflict with the law?

Before entering the criminal justice system Signup and view all the answers

What is the main purpose of individualized case management plans in the intervention programs?

To ensure each child’s unique needs are addressed Signup and view all the answers

What does 'diversion' specifically refer to in the context of child justice?

An alternative process for determining responsibility without court proceedings. Signup and view all the answers

What is the role of a 'duty-bearer' within the juvenile justice and welfare system?

To provide care and protect the rights of a child. Signup and view all the answers

Who primarily exercises parental authority when both parents are present?

Both parents jointly Signup and view all the answers

What defines 'deprivation of liberty' for children?

Detention under judicial authority where a child cannot leave. Signup and view all the answers

In the case of separation, which parent is likely to prevail in a disagreement regarding parental authority?

The father unless a judicial order states otherwise Signup and view all the answers

What is the 'maternal preference rule' regarding children under five years of age?

Children shall not be separated from their mother Signup and view all the answers

How is 'initial contact with the child' defined?

The arrest or custody of a child by authorities. Signup and view all the answers

What does the term 'intervention' encompass in the context of juvenile justice?

Activities intended to address issues that led to an offense. Signup and view all the answers

Who can exercise parental authority in the absence of both parents?

The oldest sibling above 21 years old Signup and view all the answers

What characterizes a 'child in conflict with the law'?

A child alleged to have committed an offense against the law. Signup and view all the answers

What happens upon the death of both parents regarding the appointment of a guardian?

The court may appoint a guardian upon petition Signup and view all the answers

What is the purpose of a 'diversion program' for children in conflict with the law?

To promote rehabilitation without court action. Signup and view all the answers

What is indicated by the term 'substitute parental authority'?

Authority exercised by relatives during parents' absence Signup and view all the answers

Which statement best reflects the objectives of the juvenile justice and welfare system?

To promote the well-being of children and prevent delinquency. Signup and view all the answers

What should happen if a child is declared abandoned by the court?

The child should be placed with an accredited person or institution Signup and view all the answers

Who has the right to participate in important family decisions according to the guidelines?

The grandparents Signup and view all the answers

What is the primary purpose of a reception and study center?

To diagnose and provide temporary treatment for behavioral issues Signup and view all the answers

Which of the following best defines a dependent child?

A child whose parents wish to relieve themselves of care for good cause Signup and view all the answers

What constitutes an abandoned child?

A child whose parents have deserted him for more than six months Signup and view all the answers

Which type of neglect involves the child being left without adequate supervision or provision for their needs?

Physical neglect Signup and view all the answers

Which statement accurately describes a child-placing agency?

It assumes custody and care for children and facilitates placements for adoption or foster care. Signup and view all the answers

What type of neglect may result in a child being forced to beg or work in poor conditions?

Emotional neglect Signup and view all the answers

What does the commitment or surrender of a child refer to?

The act of giving a child into the care of a social welfare department or placement agency Signup and view all the answers

Which of the following is NOT considered a special category of children?

Spiritually neglected child Signup and view all the answers

What action must be taken within eight hours from initial contact regarding a child?

Notifying the local social welfare and development office and the PAO Signup and view all the answers

Which of the following procedures must be observed when the initial contact is conducted in an educational institution?

Going directly to the head of the institution's office in civilian clothes Signup and view all the answers

What is required from the WCPD when referring the case of a child?

Filling out a referral letter form as provided in annex F Signup and view all the answers

What must be included on the envelope when submitting documents related to a child's case?

The phrase 'CAR CASE' or 'CICL CASE' Signup and view all the answers

What should be avoided when conducting the initial contact in an educational institution?

Engaging with the child alone in the hallway Signup and view all the answers

What is a primary responsibility of the responding police officer during the initial contact at an educational institution?

To coordinate with the child protection committee, if present Signup and view all the answers

Which document should be accompanied with the referral of the child's case?

A sealed envelope with the necessary case records Signup and view all the answers

What must the responding officer do after signing required school documents?

Escort the child discreetly with their guardians to the police station Signup and view all the answers

Study Notes

Juvenile Delinquency and Juvenile Justice System

Juvenile delinquency is any action, course, or conduct that deviates from acts approved by the majority of people.
It is a general term for misconduct or misbehavior tantamount to a felony or offense.
Juvenile is a child or young person who, under the legal system, may be dealt with differently than an adult for an offense.
A juvenile is a person below the age of majority (18), or who is unable to take care of him/herself due to abuse, neglect, cruelty, exploitation, or discrimination because of physical or mental disabilities.
Juvenile delinquency is often linked to social, community, and environmental factors. Factors like gender, family, peers, schooling, and drug use are influencing factors.
Presidential Decree No. 603 (Child and Youth Welfare Code), Republic Act No. 7610 (Special Protection of Children Against Abuse, Exploitation, and Discrimination Act), and Republic Act No. 7658 (Prohibition of Employment of Children Below 15 Years of Age) are pivotal legal provisions in protecting and promoting children's rights.
A juvenile aged nine years or younger at the time of the offense is exempt from criminal liability and is committed to the care of his/her parent, guardian, or relative.
Juvenile court proceedings are used for juveniles.
The family or the home is a crucial factor. Children learn attitudes and habits from home which either lead them toward law abiding or criminal behavior.

Types of Delinquent Youth

Social: An aggressive youth who resists authority figures.
Asocial: A youth whose delinquent acts display cruelty, brutality, and a lack of remorse.
Neurotic: A youth who has internalized conflicts and is preoccupied with their feelings.
Accidental: A youth typically sociable and law-abiding but involved in delinquent acts due to chance occurrences.

Classification of Delinquency

Unsocialized Aggression: Rejected, abandoned, without a parental influence to imitate, and often aggressive.
Socialized Delinquency: Membership in groups that advocate negative behaviors.
Over-inhibited: Secretly trained in illegal activities as part of a group.
Environmental Delinquent: Characterized by occasional law-breaking.
Emotionally Maladjusted Delinquents: Characterized by habitual law-breaking.
Psychiatric Delinquents: Display serious emotional disturbances, possibly leading to mental illness.

Factors Affecting Juvenile Delinquency

Family: Size and birth order, parental models, family structure (nuclear, extended, conjugated, blended), parenting styles, and family dynamics.
Peers: The influence of peer groups.
Environment: Social and cultural influences, community factors, and living conditions.
School: Educational inadequacy, failure of teachers, poor academic climate, and negative peer group interactions.
Mass Media: Exposure to violence and crime in movies, TV, and the internet.

Types of Family Structure

Nuclear: Father, mother, and children.
Extended: Father, mother, children, grandparents, uncles, aunts, cousins, nephews, nieces, and in-laws.
Conjugal: Husband and wife.
Blended: Combining two or more families who have been divorced or remarried.

The Family

Families are the chief component in social upbringing, fundamental to the moral and social development of a child.
The family plays an important role for the family, its relationships, and practices.
Family size and birth order are important factors in juvenile delinquency

Parenting Styles

Authoritative: Warm, responsive, clear rules, high expectations, supportive.
Authoritarian: Less warmth/nurturing, high expectations, blind obedience, poor academic performance, lower self-esteem.
Permissive: Warm and responsive, few or no rules, children show impulsive behavior, poor social skills and a problematic relationship.
Neglectful/Uninvolved: Cold, unresponsive, no rules, children tend toward delinquency and addiction, and display high emotional problems.

Parens Patriae

It is a legal doctrine wherein the state acts as a guardian over children who are deemed incapable or unworthy of taking care of themselves. The state takes appropriate measures to act on behalf of the child.
The state has the fundamental duty and responsibility for their welfare

Family Immunity/ Purpose Doctrine

Family Immunity Doctrine: Prevents unemancipated children from suing their parents in most circumstances.
Family Purpose Doctrine: Makes parents liable for injuries caused by a child's actions if the activity is for the family's benefit.

Peer Group and Gangs

Peer groups are significant to juveniles as they provide a sense of belonging.
Gangs often engage in delinquent behaviors.
Members meet on a regular basis based on characteristics.
Age and shared interests, are often parts of these groups

Environment

Environmental factors are primarily social considerations, not solely learned behavior.
Temptations and opportunities for violence are more prominent in environments where violence is more socially acceptable.
Peer pressure can become a significant force when crime and violence are common
The child's immediate surroundings can strongly affect child development

School and Education

School is the second home and teachers are their second parents.
Instances like negative behavior are associated with school inadequacy.
Lack of teacher awareness are key contributing factors.

Educational Problems

Truancy: Frequent, unreasonable absenteeism from school.
Dropping Out: Leaving school before completing the program.
Underachievers: Failing to meet expected levels of school achievement.
School Failure: Frustration, anger and reduced self-esteem from school failure can contribute to delinquent behavior.

School Tracking and Grade Retention

Ability grouping (streaming) of slow learners may lead them to dislike school due to negative experiences.
Students who are retained may show some progress initially but tend to fall behind academically compared to those who get promoted.

Mass Media

Mass media influences by showing violence in films, television, and other media, it encourages aggressive/violent tendencies in young people, especially when they are provoked.

Presidential Decree No. 603 and RA 7610

These laws provide significant protections against child exploitation, abuse, and discrimination.

Republic Act No. 9344

This law establishes a comprehensive juvenile justice system, including various stages from prevention to rehabilitation and re-integration.

Other laws

RA 7658 - Prohibits employment of children below 15.
RA 9231 - Addresses the employment of children.

Best Interests of Children

The best interests of children should be the primary factor in decisions about juveniles.

Definitions of terms

Children: Persons below 18 years old or those older, but unable to care for themselves.
Child Abuse: Maltreatment (psychological, physical, neglectful, sexual, and emotional).

Employment of Children

Children under 15 years of age cannot be employed except under specific conditions such as family members/parents of child only, in a job that does not endanger them in any way.
There are specific hour restrictions as well

Jurisdiction

Family courts have original jurisdiction over offenses under this act.
Regional and municipal courts may have concurrent jurisdiction, depending on the offence.
Time limits for these issues should not be exceeded for preliminary investigations

Juvenile Justice System Models

Justice Model: Focuses on fair punishment.
Welfare Model: Emphasizes helping the child address the underlying causes of the offense.
Minimum Intervention Model: Recognizes potential harm in labeling a child as a criminal.
Restorative Justice Model: Aims to address harms caused by an offense.

UN Conventions

Various United Nations conventions and rules provide international standards for the treatment of juveniles and the administration of justice.

Child-Caring Institution, Detention Home, Shelter-Care, Receiving Homes, Nursery, Maternity Home, and Rehabilitation Center

Different types of institutions provide support and care for vulnerable children or children in conflict with the law (CICL) (different categories and approaches, according to their needs.

Dependent, Abandoned, or Neglected Child

Children who lack parental care and support that could possibly cause them to harm themselves or others, or become involved with the law.

Commitment or Surrender of a Child

Voluntary and involuntary commitment or surrender of a child to the appropriate authorities for care.

Mentally Retarded Children

Socially inadequate.
Occupationally incompetent and unable to manage their own affairs.
Various levels of mental retardation, including custodial, trainable, educable, and borderline/low normal.

Physically Handicapped, Emotionally Disturbed, Mentally Ill Children

Categorization of children with various types of disabilities or disorders.
Specific needs and attention of these children.

Child Abuse

Physical, emotional, and neglectful or sexual abuse.

Child Abusers typology

Mentally disordered: Abusers with mental deficiencies.
Parentally incompetent: Abusers whose parenting style mirrors their own childhood experiences.
Situational: Those only abusive in particular circumstances.
Accidental: Parents who were abusive due to poor judgement..
Subcultural: Abusers bound by a shared culture or group.
Self-identified or motivated: These abusers know their behavior is abusive but cannot/don't stop themselves.
Institutiionally prescribed: Abusers grounded in belief that their abusive approaches are appropriate.

Rights of Parents

Parents have the right to the upbringing of their children.
They have the right to discipline/admonish their children, for the formation of their children's good character.

Special Talents/Habits/Association

Children who have special talents to be supported, including reading habits
The influence of other children which may be useful or otherwise
Parent's should ensure that children are not exposed to inappropriate/corrupting influences, such as violence, or inappropriate interactions

Liabilities of Parents

Parents are responsible for damages caused by their children (Torts), in cases that their children are engaged in an activity that harms someone else, they are also responsible.
Parents can be criminally liable for specific actions to hurt their children, such as abandoning or neglecting them

Regulations and Classifications

The Department of Social Welfare will coordinate and supervise child welfare agencies.
These agencies are divided into categories to support children who are mentally gifted, or developmentally challenged, dependent, abandoned, neglected, abused, or otherwise disabled.

Child in Conflict with the Law (CICL) Processing/Procedures

Processes when the child is apprehended, including what to do when the offense is light or serious, whether the child is a child at risk.

Diversion Procedures

Rules on how to proceed with diversion, based on different levels
Requirements for conducting diversion
Procedures if the LSWDO requires PNP involvement to safekeep a child.

Court Procedures

Court procedures for dealing with children in conflict with the law, including procedures after the case is ready for trial

Rehabilitation and Reintegration

The process of modifying negative behavior into positive behavior.
Reintegrating the child into the family and the community.
Importance of rehabilitation to successful reintegration.
Community-based programs must be developed according to the criteria set for each LGU

After-Care Support Services

After-care support, at least 6 months, for children formerly involved with the law and support during that time.

Sealing of Records

Records are sealed when certain conditions are met, such as the passage of time after the disposition or closure of a case.

Minimum Age of Criminal Responsibility

Children under 15 are exempt from criminal liability, but can be subjected to an intervention program
Children above 15 and under 18 can be subject to intervention programs, unless they acted with discernment

Determination of Age

Presumption of minority if a child's age is not established.
Methods to determine a child's age, including documents, or other relevant evidence (e.g. testimony from parents, teachers, or the child themselves)
Legal procedure for challenging a child's age in court

Who is a CICL?

Child in conflict with the law.
Alleged, accused, or adjudged as having committed a Philippine law offense.
Exclusions: violations from section 1, 1.2, or 1.3

Initial Contact

Apprehension of a child who is in conflict with the law.
Police Procedures.

Procedures in Apprehending a CICL

Officer Identification
Search Procedures.

What to Explain to the Child

Reason for custody
Alleged offense
Child's Rights

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Description

This quiz explores the concepts of juvenile delinquency and the juvenile justice system. It delves into the factors influencing juvenile behavior, the legal definitions, and the specific laws that protect young individuals. Test your knowledge of key principles and legal frameworks related to juvenile justice.