Legal Procedures for Child Statements

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Questions and Answers

What defines a child who can undergo the Diversion Program?

Children with any type of offense regardless of age

CICL above 15 years but below 18 years who acted with discernment (correct)

Any child under 18 years old

CICL 15 years old and below only

Who is exempted from criminal responsibility?

Children aged between 15 and 18 who acted with discernment

Young adults above 18 who acted with discernment

Children aged 15 years and below (correct)

Children above 18 years old

What is a primary benefit of the Diversion Program?

It ensures formal court proceedings

It increases the chance of imprisonment

It allows children to avoid the stigma associated with a criminal record (correct)

It guarantees a criminal record

What is the maximum penalty that allows for processing at the Barangay level?

Not more than six years Signup and view all the answers

Which of the following statements is true regarding the Diversion Program?

It must be in writing signed by parties & concerned authorities Signup and view all the answers

In which situation can the local Social Welfare Officer discharge a child found guilty?

Upon recommendation of the SWO with custody of the child Signup and view all the answers

Which option is true regarding the venues of Diversion?

It includes the Barangay and other levels depending on penalties Signup and view all the answers

What happens when a child fails to comply with the conditions of the Diversion Program?

The victim may institute appropriate legal action Signup and view all the answers

What is the primary purpose of explaining the consequences of the child's act to them and their guardians?

To facilitate counseling and rehabilitation. Signup and view all the answers

What must occur immediately after the apprehension of a child?

Custody of the child shall be turned over to the Social Welfare and Development Office. Signup and view all the answers

Which of the following procedures ensures confidentiality during the child's medical examination?

Family Court must approve all disclosures of results. Signup and view all the answers

Under what condition may a child be detained?

If detention is deemed necessary and done with caution. Signup and view all the answers

Who must witness the statements signed by the child during the investigation?

A social worker or legal counsel. Signup and view all the answers

What should be documented during the initial investigation of a child apprehended?

Whether restraint instruments were used and the reasons for them. Signup and view all the answers

What must a law enforcement officer do during the investigation regarding the child's age?

Exhaust all measures to confirm the child's age. Signup and view all the answers

What is required when searching a child in conflict with the law?

The search must be conducted by an officer of the same gender. Signup and view all the answers

Who must be present during the taking of a child's statement?

Child's counsel, parents or nearest relative, and a local social welfare officer Signup and view all the answers

What action should be taken if the child is 15 years old or below during initial contact?

Release the child to parents or nearest relative Signup and view all the answers

What should be done if the child is between 15 and 18 years and acted without discernment?

Offer community-based interventions Signup and view all the answers

In the absence of the child's parents or guardian, who can accompany the child during the investigation?

A representative from an NGO or religious group Signup and view all the answers

What is the role of the local social welfare and development officer after a child is released?

To determine appropriate programs for the child Signup and view all the answers

Under which circumstance can a child be referred to a youth care facility?

If it serves the best interest of the child Signup and view all the answers

If a child aged above 15 acted with discernment, what is the next step?

Proceed to diversion Signup and view all the answers

What type of intervention is provided for children 15 years old or below taken into custody?

Community-based intervention programs Signup and view all the answers

What constitutes psychological abuse of a child?

Harm to a child's emotional or intellectual functioning Signup and view all the answers

Which of the following is an example of child neglect?

Failing to provide food and adequate supervision Signup and view all the answers

What is considered sexual exploitation of a child?

Coercing a child into sexual intercourse for profit Signup and view all the answers

What defines child labor exploitation?

Employing children in hazardous conditions without parental supervision Signup and view all the answers

Which behavior exemplifies sexual abuse towards a child?

Engaging a child in sexual activity for adult gratification Signup and view all the answers

What is meant by child trafficking?

Engaging in the buying and selling of children Signup and view all the answers

Which of the following acts qualifies as child labor exploitation?

Employing minors in dangerous occupations like coal mining Signup and view all the answers

What characterizes sexual abuse in the context of child safety?

Coercing a child into participation in sexual conduct Signup and view all the answers

What is the main purpose of the IJISC program?

To provide a multi-disciplinary intervention program for at-risk youth Signup and view all the answers

Which entities are involved in developing standards for the IJISC program?

JJWC in partnership with other government agencies Signup and view all the answers

Which of the following is true regarding juvenile status offenses?

Status offenses are not punishable if committed by a child Signup and view all the answers

What should happen to a child who violates local ordinances such as curfew?

They should be brought home or to a barangay official Signup and view all the answers

What is the classification given to a child who has violated a local ordinance?

Child at risk Signup and view all the answers

What type of interventions may be offered under local ordinances for juveniles?

Counseling and group activities Signup and view all the answers

What does 'Initial Contact with a Child' refer to in the context of CICL?

The apprehension or custody of a CICL Signup and view all the answers

What amendment was made regarding violations of local ordinances for children?

No penalty shall be imposed on children for various local ordinance violations. Signup and view all the answers

Study Notes

Taking the Child’s Statement

The child's statement must be taken in the presence of:
- The child's chosen lawyer or a Public Attorney's Office lawyer if no other is available.
- The child's parents, guardian, or closest relative.
- The local social welfare and development officer.
If the child's parents, guardian, or closest relative and the social welfare officer are unavailable, a representative from an NGO, religious group, or a member of the BCPC must be present.

Child's Age and Discernment

For children 15 years or younger, or those above 15 but below 18 years old who acted without discernment, the case will proceed according to Section 20.
For children above 15 years old but below 18 years old who acted with discernment, the case proceeds to diversion under the following Chapter.

Children Below Age of Criminal Responsibility (15 or Younger)

Children under 15 are released to their parents, guardian, or closest relative, with the local social welfare and development officer's supervision.
They are given a community-based intervention program unless their best interest requires them to be placed in a youth care facility or "Bahay Pag-asa."

Types of Child Abuse

Physical Abuse: Child Battering.
Psychological Abuse: Harmful to a child’s emotional or intellectual functioning, including cursing, belittling, and other degrading acts.
Child Neglect: Unreasonable deprivation of basic needs, including food, clothing, shelter, education, medical care, and supervision.
Sexual Abuse: The involvement of a child in sexual activity with an adult or older person, for the gratification of the older person’s needs.
Sexual Exploitation: The involvement of a child in sexual activity for money, profit, or coercion.
Child Labor Exploitation: The employment of children under 15 years of age in any public or private establishment without parental supervision.
Child Trafficking: The act of buying and selling a child for money or any other consideration.

Intervention for Children in Conflict with the Law (CICL)

CICL will be allocated special centers in line with Sections 20, 20-A, and 20-B.
These children will undergo an intensive multi-disciplinary intervention program.
The Juvenile Justice Welfare Council (JJWC) will develop standards for this intervention program.

Status Offenses

Conduct not considered an offense or not penalized for adults is not considered an offense for children.
Violations of local ordinances concerning juvenile status offenses (curfew violations, truancy, disobedience, etc.) will not result in any penalty.
Children will be brought to their residence or a barangay official for release to their parents.
These children will be considered "children at risk" and not "children in conflict with the law."

Initial Contact with a CICL

Refers to the apprehension or taking into custody of a CICL by law enforcement officers or private citizens.
Includes when a CICL receives a subpoena or summons from the prosecutor's office.

Children Exempt from Criminal Responsibility

Children 15 years old and below.
Children above 15 but less than 18 years old who acted without discernment.
Children who committed status offenses.
However, they are still responsible for civil liability, borne by their parents.

Diversion Programs

An alternative, child-appropriate process to determine the responsibility and treatment of a CICL.
Based on their social, cultural, economic, psychological, or educational background.
Avoid formal court proceedings.

Who Undergoes Diversion?

CICL above 15 years old but below 18 years old who acted with discernment.
Children who are 15 years old and below who allegedly committed an offense.

Venues of Diversion

Barangay (Katarungang Pambarangay), Police, Prosecutor Level – if the offense has an imposable penalty of not more than six years of imprisonment.
Court – if the imposable penalty is more than six years of imprisonment.

Diversion Program Requirements

Must be written and signed by all parties and concerned authorities.
Local Social Welfare Officer implements and supervises the program.
Diversion proceedings should be completed within 45 days.
Children have to report and be evaluated at least once a month.

Benefits of Diversion Programs

CICL avoids the stigma of a criminal record.
The child gains insight into the consequences of their actions and takes responsibility.
Youth develop important social skills.
Families strengthen relationships.
The court system gains efficiency and lower costs.
Communities benefit as young people understand their role and develop positive attitudes.

When a CICL is Found Guilty

Civil liability is determined.
The sentence may be suspended.
The child can be discharged upon recommendation of the Social Welfare Officer.

Duties of the Law Enforcement Officer

Turn over custody of the child to the Social Welfare and Development Office or accredited NGOs within 8 hours of apprehension.
Inform the child's parents/guardians of the child's apprehension.
Explain the consequences of the child's actions, emphasizing counseling, rehabilitation, diversion, and reparation.
Take the child for a physical and mental examination.
Ensure detention is separate from opposite sex and adult offenders.
Record details of the initial investigation, including information about the use of restraints and the notification of parents/guardians, DSWD, and PAO.
Ensure all statements signed by the child are witnessed by the child's parents/guardian, social worker, or legal counsel.
Ensure searches are conducted by a same-gender officer and that the child is not locked in a detention cell.
Determine where the case should be referred during investigation.

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Description

This quiz covers the specific legal processes involved in taking a child's statement in various contexts. It outlines the necessary presence of guardians, legal representatives, and social welfare officers, as well as age-related discernment rules for children under 18. Understanding these legal frameworks is crucial for anyone involved in child welfare and legal proceedings.