Juvenile Delinquency and Juvenile Justice System PDF

JUVENILE DELINQUENCY AND JUVENILE JUSTICE SYSTEM  TOPICS AND COMPETENCIES 1. Recognize the social, community and environmental influences associated with juvenile delinquency such as: 5.1.1. Gender 5.1.2. Family 5.1.3. Peers 5.1.4. Schools 5.1.5. Drug use 5.1.6. Adolescence. 2. El...

JUVENILE DELINQUENCY AND JUVENILE JUSTICE SYSTEM  TOPICS AND COMPETENCIES 1. Recognize the social, community and environmental influences associated with juvenile delinquency such as: 5.1.1. Gender 5.1.2. Family 5.1.3. Peers 5.1.4. Schools 5.1.5. Drug use 5.1.6. Adolescence. 2. Elucidate the pivotal provisions of 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), understanding their collective contribution to the protection and promotion of children's rights. 3. Determine the appropriate procedures in handling CICL by law enforcers from initial contact to investigation based on republic act number 9344 as amended. 4. Implement the protocols for intervening with children at risk and diverting children in conflict with the law (CICL). 5. Implement the process of rehabilitation of CICL.  “Children need love, especially when they do not deserve it.” Harold S. Hulbert, Child Psychiatrist  JUVENILE A child or a young person, who, under the legal system may be dealt with for an offense in a manner different from that of an adult. A minor, a youth, or who is not yet emancipated by law. Refers to a person of tender years. A person below the age of majority, that is, below eighteen years old, or who is unable to fully take care of himself from abuse, neglect, cruelty, exploitation or discrimination because of physical or mental disability or conditions. Regarded as immature or ones whose mental and emotional faculties are not fully developed, thus making them incapable if taking full responsibility of their actions. In legal terms, a juvenile is a person subject to juvenile court proceedings  DELINQUENCY qOriginated from Latin word “delinquere”. Ø De – means “away” Ø Linquere – means “to leave” thus means by to leave or to abandon.” Delinquency refers to any action; course or conduct that deviates from acts approved by the majority of people. Delinquency, therefore, is a general term for any misconduct or misbehavior that is tantamount to felony or offense. It is a description of those acts that do not conform to the accepted rules, norms and mores of the society (sociological definition). qJuvenile Delinquency - is a legal term that was first defined in 1889, when Illinois passed the first law on Juvenile Delinquency which specifies various specific kinds of delinquency in addition t0 the offenses covered by the criminal laws. Since then every state has passed the delinquency laws. 1889 – Foundation of Jane Addam’s Hull House Julia Lathrop and Lucy Flower 1899 – FIRST JUVENILE COURT ESTABLISHED, CHICAGO, IILINOIS  TYPES OF DELINQUENT YOUTH 1. SOCIAL - an aggressive youth who resents authority of anyone who makes an effort to control his behavior 2. ASOCIAL - one whose delinquent acts have a cold, brutal and vicious quality for which the youth feels no remorse 3. NEUROTIC - one who has internalized his conflicts and is preoccupied with his own feelings 4. ACCIDENTAL - one who is essentially sociable and law abiding but happens to be at the wrong time and place and becomes involved in delinquent acts not typical of his general behavior  CLASSIFICATION OF DELINQUENCY 1. Unsocialized aggression - Rejected or abandoned, NO parents to imitate and become aggressive. 2. Socialized delinquency – Membership of fraternities or groups that advocate bad things. 3. Over-inhibited – group secretly trained in doing illegal activities 4. Environmental Delinquent - characterized by occasional law-breaking 5. Emotionally Maladjusted Delinquents - characterized by chronic law- breaking, a habit which this type cannot avoid or escape from 6. Psychiatric Delinquents - characterized by serious emotional disturbances within the individual and in some cases associated with tendencies towards mental illness  FACTORS AFFECTING THE DEVELOPMENT OF JUVENILE DELINQUENCY FAMILY PEERS ENVIRONMENT SCHOOL MASS MEDIA The problem of juvenile delinquency is attributed to factors such as family, peers environment, school and mass media that affect the socialization of children. Socialization is the process through which children learn the ways of a particular society or social group so that they can function within it.  WHAT IS FAMILY? Ø Denotes a group of people affiliated by consanguinity, affinity, and co-residence. The first and most basic institution of society responsible for developing a child’s potential in all its aspects like physical, emotional, spiritual, moral, intellectual and social It molds the child to learn to curb his desires and to accept rules that define the time, place and circumstances under which highly personal needs may be satisfied in socially acceptable ways. The basic and most important social unit to affect children. Ø The family, being the foundation of the nation, is a basic social institution which public policy cherishes and protects. Consequently, family relations are governed by law and no custom, practice or agreement destructive of the family shall be recognized or given effect(art. 149, Family Code)  TYPES OF FAMILY STRUCTURE: 1) NUCLEAR FAMILY It consists of father, mother and children. 2) EXTENDED FAMILY It consists of father, mother, children, grandparents, uncles and AUNTS, COUSINS, Nephews and nieces, and in-laws. 3) CONJUGAL FAMILY It consists of the husband and wife (father and mother) 4) BLENDED FAMILY Mixing of two families brought by divorce or remarriage.  THE HOME The family or the home is one of the most influential environmental factors that would lead a person to either a law abiding or a criminal. It is said that the home is considered as the “cradle of human personality” for in it the child forms fundamental attitudes and habits that endure through out his life.  THE IDEAL CRITERIA FOR A NORMAL HOME IDEALLY, A HOME MUST HAVE THE FOLLOWING: A) STRUCTURAL COMPLETENESS - Presence of both father and mother B) ECONOMIC SECURITY - Capability to provide for the basic needs and wants C) CULTURAL CONFORMITY - Typical family beliefs and practices D) MORAL CONFORMITY - Moral uprightness, christian way of living E) PHYSICAL AND PSYCHOLOGICAL NORMALCY F) EMOTIONAL ADEQUACY - Affection, support, love and care between faulty members G) RELIGIOUS HOMOGENEITY - Both parents profess the same religion  FAMILY STUCTURE Both the family size and birth position had been found to have predictive effects on delinquency. 1. FAMILY SIZE Parents of larger families tend to give less parental attention to their children. Children of large families are having a greater chance to become delinquent, and this is a predictive factor. 2. CHILD’S BIRTH ORDER IN THE FAMILY Birth order affects the delinquent behavior with delinquency more likely among middle children than first or last children. The first child receives individual attention and affection of parents, while the last child benefits from the parent’s experience of raising children.  FAMILY MODEL 1. Corporate Model Ø Father (CEO) Ø Mother (Operating Officer) Ø Children (staffs) 2. Team Model Ø Father (coach or manager) Ø Mother (Cheerleader or trainer) Ø Children (athletes) 3. Military Model Ø Father (general) Ø Mother (guard on duty or medics) Ø Children (grunts) 4. Theatrical Model  TYPES OF FAMILY AS TO POWER COTROL 1. PATRIARCHAL – The father controls and holds the decision making in the family. 2. MATRIARCHAL – The mother controls and acts as the decision maker in the family. 3. EGALITARIAN – The father and the mother share similar and equal roles in the family both in control and decision making  Family Parenting Styles – refers to the constellation of parents’ attitude and behaviors toward children and an emotional climate in which the parents behaviors are expresses (Darling and Steinberg, 1993) Types of parenting styles (Maccoby and Martin 1983; Baumrind, 1991) 1. Authoritative– both high in responsiveness and demandingness 2. Authoritarian or Disciplinarian – low in responsiveness but high in demandingness 3. Indulgent (permissive) – low in demand but high in responsiveness 4. Indifferent or Neglectful (uninvolved) – both low in responsiveness and demands  TYPES OF PARENTING STYLE 1. AUTHORITARIANS OR DISCIPLINARIANS Less warmth and nurturing, high expectations but low responsiveness and mistakes are punished harshly and expect blind obedience. A child tends to have lower academic performance, low self- esteem, poorer social skills, mental illness, drug and alcohol abuse and delinquency. They believe kids should be seen and not heard. When it comes to rules, they believe “it’s their way or the highway.” They don’t take their child’s feelings into consideration. The focus is on obedience and punishment over discipline 2. AUTHORITATIVE Warm and responsive, clear rules, high expectations, supportive and value independence. Children tends to have higher academic performance, more self-esteem, better social skills, less mental illness and lower delinquency They put a lot of efforts into creating and maintaining a positive relationship with their child. They explain the reasons behind their rules. They enforce rules and give consequences but they take their child's feelings into consideration they create positive relationship and enforce rules. 3. PERMISSIVE OR INDULGENT Warm and responsive, few or no rules, indulgent, lenient. Children may be having impulsive behavior, egocentric, poorer social skills and problematic relationship. They set rules but rarely enforce them. They don't give out consequences very often. They think their child will learn best with little interference from them. They don’t enforce rules. Kids will be kids. 4. INDIFFERENT OR NEGLECTFUL (UNINVOLVED) Cold and unresponsive, no rules, uninvolved, indifferent. Children can be impulsive, cannot self-regulate emotions, encounter more delinquency and addiction problems and may have more mental issues like suicidal behavior. They don't ask their child about school or homework. They rarely know where their child is or who she is with. They don't spend much time with your child. They provide little guidance, nurturing or attention.  PARENS PATRIAE (“FATHER OF THE COUNTRY”) - It is a doctrine that does not consider delinquent acts as criminal violation. Thus, making delinquents non-criminal Persons and cannot be found guilty of a crime and punished like an adult criminal. - It views minor who violates laws as victims of improper care, custody and treatment at home. - It is the assumption by the state of the role of guardian over children whose parents are deemed incapable or Unworthy. - It is the authority of the state to act on behalf of the children. 3 basic principle of Parens Patriae 1. CHARITY – help from government 2. CICL are not criminals, rather victims of improper parental care 3. If child is under UNFIT parents, there is parental assumption of state FAMILY IMMUNITY DOCTRINE - Legal doctrine preventing unemancipated children from suing their parents. FAMILY PURPOSE DOCTRINE - Legal doctrine holding parents liable for injuries caused by a child's negligent driving or other actions. FOSTER CARE - Temporary care funded via federal-state pass through and arranged by a child welfare agency in order to allow receipt of adequate food, clothing, shelter, education, and medical treatment for anyone raising a child that is not their own. GUARDIAN AD LITEM - Phrase meaning "for the proceeding" referring to adults who look after the welfare of a child and represent their legal interests. IN LOCO PARENTIS - Teachers, administrators, and babysitters who are viewed as having some temporary parental rights & obligations.  PEER For many juveniles the most important social institution, the one they spend the most time with are closest to emotionally, is the FAMILY. But for many others, it is their barkada or peer group. The peer group is a group of youths of similar age levels and interest that often can empower young people in their sense of feeling worthwhile and important. The social world of some adolescents revolves around their closets friends. GANG Groups of youths who collectively engage in delinquent behaviors. Groups of young people whose members meet together with some regularity, on the basis of group-defined criteria of membership and group defined organizational characteristics  ENVIRONMENT The idea that all behavior is learned behavior is associated with environmental explanations. - The study of environmental factors, on the other hand, is concerned primarily with social considerations. While violence may be part of everyone's behavioral repertoire, the temptations (triggers, cues) to do it are embedded (lodged, locked, firmly put in place) with social networks (relationships and situations) that more or less make this kind of behavior seem acceptable at the moment. - The unfortunate truth is that, in many places, there are a growing number of irresistible temptations and opportunities for juveniles to use violence. - Under circumstances like these, the peer pressure and reward systems are so arranged that fighting seems like the only way out.  The culture, norms and behavior of the child’s surroundings may very well influence the upbringing of the child especially during their formative years and such misbehavior learned is likely to be carried on until the child’s maturity. Some of the behavior modification by means of imitation as brought about by environmental influence: A) rampant drug addiction; B) vices such as gambling and drinking alcoholic beverages; C) association with criminal groups or gangs; and D) too much exposure to sex and violence in movies, television, print and internet  SCHOOL It is considered as the second home of a child and the teachers are the second parents. An institution responsible for the training of young person’s intellectual, moral as well as social skills which they need for them to grow up as productive, law-abiding and responsible citizens instances of deviant conduct attributed to school inadequacy: A) failure of teachers to detect and address problems of children and report such problems to the parents; B) poor academic atmosphere; C) membership in school gangs or development of friendships with the wrong crowd; D) lack of facilities for curricular and extra-curricular activities; E) failure of teachers in character development of the students; F) failure to actually finish school resulting to being out-of-school youths with a lot of time to waste and do unproductive activities; and G) failure to get gainful employment due to lack of sufficient education.  EDUCATIONAL PROBLEMS 1. TRUANCY - Frequent, unreasonable absenteeism from school; being out of school without permission for 20 days or more. 2. DROPPING OUT – Leaving the school before completing the required program of education. 3. UNDERACHIEVERS – Those who fail to meet expected levels of school achievement 4. SCHOOL FAILURE – Failing to achieve success in school can result in frustration, anger and reduced self-esteem, which may contribute to delinquent behavior. ØSchool Tracking – ability grouping or streaming. (Slavin) when children considered to be slow learners are grouped, they come to see themselves in an unfavorable light and therefore will result to dislike school, to truancy and even to delinquency. ØGrade retention (Smith and Shepard) – children make progress during retention but not as much progress as similar children who were promoted. üAlternatives to retention is tutor or summer class which are both effective and lest costly üYamamoto and Byrnes – children rated “Retention” as the most stressful event they could suffer next to blindness or death of parents.  MASS MEDIA Embraces all kinds of communications where a child is exposed to. It covers up everything that a child hears and sees that leaves beyond in his or her imagination. It could be anything a child saw on television, heard over the radio, read from a book or magazine, or even saw in a movie house. Television and movies have popularized the “cult of heroes” which promotes justice through the physical elimination of enemies. Many researchers have concluded that young people who watch violence tend to behave more aggressively or violently, particularly when provoked. Popular explanations of juvenile crime often rest on ideas about the corrupting influence of television, movies, music videos, video games, rap/hip hop music, or the latest computer games The fact is that TV is much more pervasive, and has become the de facto babysitter in many homes, with little or no parental monitoring. Where there is strong parental supervision in other areas, including the teaching of moral values and norms, the effect of prolonged exposure to violence on TV is probably quite minimal. PRESIDENTIAL DECREE NO. 603, S. 1974 THE CHILD AND YOUTH WELFARE CODE TITLE AND SCOPE OF CODE. – The code shall be known as the “child and youth welfare code”. It shall apply to persons below twenty-one years (18 YEARS OLD – RA 6809) of age except those emancipated in accordance with law. “Child” or “minor” or “youth” as used in this code, shall refer to such persons. YOUTHFUL OFFENDERS (AMENDED) A youthful offender is one who is over nine years but under twenty-one years of age at the time of the commission of the offense. A child nine years of age or under at the time of the offense shall be exempt from criminal liability and shall be committed to the care of his or her father or mother, or nearest relative or family friend in the discretion of the court and subject to its supervision. The same shall be done for a child over nine years and under fifteen years of age at the time of the commission of the offense, unless he acted with discernment, in which case he shall be proceeded against in accordance with article 192. COMMENCEMENT OF CIVIL PERSONALITY. – The civil personality of the child shall commence from the time of his conception, for all purposes favorable to him, subject to the requirements of article 41 of the civil code. ABORTION. – The abortion of a conceived child, whether such act be intentional or not, shall be governed by the pertinent provisions of the revised penal code.  PARENTAL AUTHORITY (PATRIA POTESTAS) JOINT PARENTAL AUTHORITY The father and mother shall exercise jointly just and reasonable parental authority and responsibility over their legitimate or adopted children. In case of disagreement, the father’s decision shall prevail unless there is a judicial order to the contrary. In case of the absence or death of either parent, the present or surviving parent shall continue to exercise parental authority over such children, unless in case of the surviving parent’s remarriage, the court, for justifiable reasons, appoints another person as guardian. In case of separation of his parents, no child under five years (7 years) of age shall be separated from his mother (maternal preference rule) unless the court finds compelling reasons to do so. (Tender years doctrine) GRANDPARENTS Grandparents shall be consulted on important family questions but they shall not interfere in the exercise of parental authority by the parents. Absence or death of parents. – Grandparents and in their default, the oldest brother or sister who is at least eighteen years of age (21 YEARS OLD) , or the relative who has actual custody of the child(21 YEARS OLD), shall exercise parental authority in case of absence or death of both parents, unless a guardian has been appointed in accordance with the succeeding provision. (Substitute parental authority) Guardian. – The court may, upon the death of the parents and in the cases mentioned in arts. 328 to 332 of the civil code, appoint a guardian for the person and property of the child, on petition of any relative or friend of the family or the department of social welfare. DEPENDENT, ABANDONED OR NEGLECTED CHILD. – The dependent, abandoned or neglected child shall be under the parental authority of a suitable or accredited person or institution that is caring for him as provided for under the four preceding articles, after the child has been declared abandoned by either the court or the department of social welfare. TRANSFER TO THE DEPARTMENT OF SOCIAL WELFARE. – The dependent, abandoned or neglected child may be transferred to the care of the department of social welfare or a duly licensed child-caring institution or individual in accordance with articles 142 and 154 of this code, or upon the request of the person or institution exercising parental authority over him. From the time of such transfer, the department of social welfare or the duly licensed child-caring institution or individual shall be considered the guardian of the child for all intents and purposes.  RIGHTS OF PARENTS PRIMARY RIGHT OF PARENTS. – The parents shall have the right to the company of their children and, in relation to all other persons or institutions dealing with the child’s development, the primary right and obligation to provide for their upbringing. RIGHT TO DISCIPLINE CHILD. – Parents have the right to discipline the child as may be necessary for the formation of his good character, and may therefore require from him obedience to just and reasonable rules, suggestions and admonitions. SPECIAL TALENTS. – Parents shall endeavor to discover the child’s talents or aptitudes, if any, and to encourage and develop them. If the child is especially gifted, his parents shall report this fact to the national center for gifted children or to other agencies concerned so that official assistance or recognition may be extended to him. READING HABIT. – The reading habit should be cultivated in the home. Parents shall, whenever possible, provide the child with good and wholesome reading material, taking into consideration his age and emotional development. They shall guard against the introduction in the home of pornographic and other unwholesome publications. ASSOCIATION WITH OTHER CHILDREN. – Parents shall encourage the child to associate with other children of his own age with whom he can develop common interests of useful and salutary nature. It shall be their duty to know the child’s friends and their activities and to prevent him from falling into bad company. The child should not be allowed to stay out late at night to the detriment of his health, studies or morals.  LIABILITIES OF PARENTS TORTS. – Parents and guardians are responsible for the damage caused by the child under their parental authority in accordance with the civil code. CRIMES. – Criminal liability shall attach to any parent who: (1) conceals or abandons the child with intent to make such child lose his civil status. (2) abandons the child under such circumstances as to deprive him of the love, care and protection he needs. (3) sells or abandons the child to another person for valuable consideration. (4) neglects the child by not giving him the education which the family’s station in life and financial conditions permit. (5) fails or refuses, without justifiable grounds, to enroll the child as required by article 72.  REGULATION OF CHILD AND YOUTH WELFARE SERVICES CLASSIFICATIONS OF CHILD AND YOUTH WELFARE AGENCIES. – Public and private child welfare agencies providing encouragement, care, and protection to any category of children and youth whether mentally gifted, dependent, abandoned, neglected, abused, handicapped, disturbed, or youthful offenders, classified and defined as follows, shall be coordinated by the department of social welfare: (1) A CHILD-CARING INSTITUTION Is one that provides twenty-four hour resident group care service for the physical, mental, social and spiritual well- being of nine or more mentally gifted, dependent, abandoned, neglected, handicapped or disturbed children, or youthful offenders. An institution, whose primary purpose is education, is deemed to be a child- caring institution when nine or more of its pupils or wards in the ordinary course of events do not return annually to the homes of their parents or guardians for at least two months of summer vacation. (2) A DETENTION HOME Is a twenty-four hour child-caring institution providing short term resident care for youthful offenders who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction. (3) A SHELTER-CARE INSTITUTION Is one that provides temporary protection and care to children requiring emergency reception as a result of fortuitous events, abandonment by parents, dangerous conditions of neglect or cruelty in the home, being without adult care because of crisis in the family, or a court order holding them as material witnesses. (4) RECEIVING HOMES Are family-type homes which provide temporary shelter from ten to twenty days for children who shall during this period be under observation and study for eventual placement by the department of social welfare. The number of children in a receiving home shall not at any time exceed nine: provided, that no more than two of them shall be under three years of age. (5) A NURSERY Is a child-caring institution that provides care for six or more children below six years of age for all or part of a twenty- four hour day, except those duly licensed to offer primarily medical and educational services. (6) A MATERNITY HOME Is an institution or place of residence whose primary function is to give shelter and care to pregnant women and their infants before, during and after delivery. (7) A REHABILITATION CENTER Is an institution that receives and rehabilitates youthful offenders or other disturbed children. (8) A RECEPTION AND STUDY CENTER Is an institution that receives for study, diagnosis, and temporary treatment, children who have behavioral problems for the purpose of determining the appropriate care for them or recommending their permanent treatment or rehabilitation in other child welfare agencies. (9) A CHILD-PLACING AGENCY Is an institution or person assuming the care, custody, protection and maintenance of children for placement in any child-caring institution or home or under the care and custody of any person or persons for purposes of adoption, guardianship or foster care. The relatives of such child or children within the sixth degree of consanguinity or affinity are excluded from this definition.  Special Categories Of Children 1) A DEPENDENT CHILD Is one who is without a parent, guardian or custodian; or one whose parents, guardian or other custodian for good cause desires to be relieved of his care and custody; and is dependent upon the public for support. (2) AN ABANDONED CHILD Is one who has no proper parental care or guardianship, or whose parents or guardians have deserted him for a period of at least six continuous months (3 MONTHS – RA 9523) (3) A NEGLECTED CHILD Is one whose basic needs have been deliberately unattended or inadequately attended. Neglect may occur in two ways: A) There is a physical neglect when the child is malnourished, ill clad and without proper shelter. A child is unattended when left by himself without provisions for his needs and/or without proper supervision. B) Emotional neglect exists: when children are maltreated, raped or seduced; when children are exploited, overworked or made to work under conditions not conducive to good health; or are made to beg in the streets or public places, or when children are in moral danger, or exposed to gambling, prostitution and other vices. (4) COMMITMENT OR SURRENDER OF A CHILD Is the legal act of entrusting a child to the care of the department of social welfare or any duly licensed child placement agency or individual. COMMITMENT MAY BE DONE IN THE FOLLOWING MANNER: A) INVOLUNTARY COMMITMENT, In case of a dependent child, or through the termination of parental or guardianship rights by reason of abandonment, substan t i a l a n d c o n t i n u o u s o r r e p e a t e d n e g l e c t a n d / o r p a r e n t a l incompetence to discharge parental responsibilities, and in the manner, form and procedure hereinafter prescribed. B) VOLUNTARY COMMITMENT, Through the relinquishment of parental or guardianship rights in the manner and form hereinafter prescribed. qMentally Retarded Children ü Socially inadequate and incompetent, occupationally incompetent and unable to manage their own affairs. ü Mentally sub-normal ü Retarded intellectually ü Retarded maturity ü Mentally deficient through hereditary or disease ü essentially incurable. qClassification of Mental Retardation 1. Custodial group 2. Trainable group 3. Educable group 4. Borderline or Low Normal Group 1) Custodial group - The members of this classification are severely or profoundly retarded, hence, the least capable group. This includes those with I.Q.S to 25. 2) Trainable Group - The members of this group consist of those with I.Q.s from about 25 to about 50; one who belongs to this group shows a mental level and rate of development which is 1/4 to 1/2 that of the average child, is unable to acquire higher academic skills, but can usually acquire the basic skills for living to a reasonable degree. He can likewise attain a primary grade level of education if he receives effective instruction. 1) Educable Group - This group's I.Q. ranges from about 50 to about 75, and the intellectual development is approximately 1/2 to 3/4 of that expected of a normal child of the same chronological age. The degree of success or accomplishment that they will reach in life depends very much on the quality and type of education they receive, as well as on the treatment at home and in the community. Many of the educable retardates may reach 5th or 6th grade educational level and can develop occupational skills which may result in partial or complete economic independence in adulthood. 2) Borderline or Low Normal Group - This is the highest group of mentally retarded, with I.Q.s from about 75 to about 89. The members of this classification are only slightly retarded and they can usually get by in regular classes if they receive some extra help, guidance and consideration. They have to spend much more time with their studies than do most children in order to pass. Those who cannot make it are usually handicapped by one or more other conditions aside from that of intelligence. qPhysically handicapped children - Physically handicapped children are those who are crippled, deaf-mute, blind, or otherwise defective which restricts their means of action on communication with others. qEmotionally disturbed children - Emotionally disturbed children are those who, although not afflicted with insanity or mental defect, are unable to maintain normal social relations with others and the community in general due to emotional problems or complexes. qMentally ill children - Mentally ill children are those with any behavioral disorder, whether functional or organic, which is of such a degree of severity as to require professional help or hospitalization. ADMISSION OF DISABLED CHILDREN. – The department of social welfare, upon the application of the parents or guardians and the recommendation of any reputable diagnostic center or clinic, shall refer and/or admit disabled children to any public or private institution providing the proper care, training and rehabilitation. “DISABLED CHILDREN” As used in this chapter shall include mentally retarded, physically handicapped, emotionally disturbed, and severe mentally ill children.  CHILD ABUSE Can be defined as causing or permitting any harmful or offensive contact on a child’s body, and any communication or transaction of any kind which humiliates, shames or frightens the child.  TYPES OF CHILD ABUSE 1. PHYSICAL ABUSE Is an act of deliberately inflicting physical injuries on a child. 2. EMOTIONAL MALTREATMENT/PSYCHOLOGICAL CHILD ABUSE Is when an adult demeans the child’s worth or dignity as a human being by constant scolding or ridiculing. This could lead to a child with very low self-esteem and many hang-ups and psychological problems. 3. CHILD NEGLECT Is the failure to provide for the child’s basic needs. PHYSICAL NEGLECT – Not providing adequate food or clothing, medical care etc. EDUCATIONAL NEGLECT – Failure to provide appropriate schooling or special educational needs, allowing truancy PSYCHOLOGICAL NEGLECTS – Lack of emotional support and love, allowing the child to participate in drug and alcohol use SEXUAL CHILD ABUSE – Is any act of maliciously molesting the child sexually whether the sexual act is consummated or not.  TYPOLOGY OF CHILD ABUSERS 1. MENTALLY DISORDERED ABUSER – A person who has defective mental ability 2. PARENTALLY INCOMPETENT ABUSER – An individual whose practice of disciplining the child is in the same way he was disciplined 3. SITUATIONAL ABUSER – A parent who only abused the child when he/she is confronted with a particular situation, one who is usually non abusive 4. ACCIDENTAL ABUSER – A parent who exercises poor judgement in his/her parenting decisions; poor judgement results to child abuse 5. SUBCULTURAL ABUSER – A group of people who share a number of values, norms and attitudes in common 6. SELF-IDENTIFIED ABUSER – Parents who are abusive; although some of these kind of abusers want to stop abusing their children, they cannot and their area afraid to make their discipline practices known. 7. INSTITUTIONALLY PRESCRIBED ABUSERS – Some institutions are grounded with belief that are abusive to children  REPUBLIC ACT NO. 7610 JUNE 17, 1992 AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES SECTION 1. TITLE. – THIS ACT SHALL BE KNOWN AS THE "SPECIAL PROTECTION OF CHILDREN AGAINST ABUSE, EXPLOITATION AND DISCRIMINATION ACT."  AMENDED BY: REPUBLIC ACT NO. 9231 An act providing for the elimination of the worst forms of child labor and affording stronger protection for the working child, amending for this purpose republic act no. 7610, as amended, otherwise known as the "special protection of children against child abuse, exploitation and discrimination act" REPUBLIC ACT NO. 7658 An act prohibiting the employment of children below 15 years of age in public and private undertakings, amending for this purpose section 12, article viii of r.A. 7610  THE BEST INTERESTS OF CHILDREN SHALL BE THE PARAMOUNT CONSIDERATION IN ALL ACTIONS CONCERNING THEM, Whether undertaken by public or private social welfare institutions, courts of law, administrative authorities, and legislative bodies, consistent with the principle of first call for children as enunciated in the united nations convention of the rights of the child. Every effort shall be exerted to promote the welfare of children and enhance their opportunities for a useful and happy life.  DEFINITION OF TERMS (RA 7610) (A) "CHILDREN" Refers to person below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition; (B) "CHILD ABUSE" Refers to the maltreatment, whether habitual or not, of the child which includes any of the following: (1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment; (2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being; (3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or (4) Failure to immediately give medical treatment to an injured child resulting in serious impairment of his growth and development or in his permanent incapacity or death.  EMPLOYMENT OF CHILDREN (RA 9231) CHILDREN BELOW FIFTEEN (15) YEARS OF AGE SHALL NOT BE EMPLOYED EXCEPT: "1) when a child works directly under the sole responsibility of his/her parents or legal guardian and where only members of his/her family are employed: provided, however, that his/her employment neither endangers his/her life, safety, health, and morals, nor impairs his/her normal development: PROVIDED, FURTHER, THAT THE PARENT OR LEGAL GUARDIAN SHALL PROVIDE THE SAID CHILD WITH THE PRESCRIBED PRIMARY AND/OR SECONDARY EDUCATION; OR " 2) where a child's employment or participation in public entertainment or information through cinema, theater, radio, television or other forms of media is essential: Provided,that the employment contract is concluded by the child's parents or legal guardian, with the express agreement of the child concerned, if possible, and the approval of the department of labor and employment: provided, further, that the following requirements in all instances are strictly complied with:  HOURS OF WORK OF A WORKING CHILD (RA 9231) Working Hours ØIf the child is under 15: üMaximum of four (4) hours a day, twenty (20) hours a week üBetween six o’clock in the morning to eight o’clock in the evening (6am to 8pm) ØIf the child is 15 but under 18: üMaximum of eight (8) hours a day, forty (40) hours a week üBetween six o’clock in the morning to ten o’clock in the evening (6am to 10pm) NOTE: No child below fifteen (15) years of age shall be allowed to work between eight o'clock in the evening and six o'clock in the morning of the following day and no child fifteen (15) years of age but below eighteen (18) shall be allowed to work between ten o'clock in the evening and six o'clock in the morning of the following day SEC. 12-B. OWNERSHIP, USAGE AND ADMINISTRATION OF THE WORKING CHILD'S INCOME. (RA 9231) – The wages, salaries, earnings and other income of the working child shall belong to him/her in ownership and shall be set aside primarily for his/her support, education or skills acquisition and secondarily to the collective needs of the family: provided, that not more than twenty percent (20%) of the child's income may be used for the collective needs of the family. " S E C. 1 2 - C. T R U S T F U N D TO P R E S E RV E PA R T O F T H E WORKING CHILD'S INCOME. (RA 9231) The parent or legal guardian of a working child below eighteen (18) years of age shall set up: a trust fund for at least thirty percent (30%) of the earnings of the child whose wages and salaries from work and other income amount to at least two hundred thousand pesos (P200,000.00) annually, for which he/she shall render a semi-annual accounting of the fund to the department of labor and employment, in compliance with the provisions of this act. The child shall have full control over the trust fund upon reaching the age of majority. SEC. 12-B. OWNERSHIP, USAGE AND ADMINISTRATION OF THE WORKING CHILD'S INCOME. (RA 9231) COLLECTIVE NEEDS OF THE FAMILY : not more than twenty percent (20%) of the child's income "SEC. 12-C. TRUST FUND TO PRESERVE PART OF THE WORKING CHILD'S INCOME. (RA 9231) TRUST FUND : at least thirty percent (30%) of the earnings of the child "SEC. 13. ACCESS TO EDUCATION AND TRAINING FOR WORKING CHILDREN (RA 9231)- "A) no child shall be deprived of formal or non-formal education. In all cases of employment allowed in this act, the employer shall provide a working child with access to at least primary and secondary education. PROHIBITION ON THE EMPLOYMENT OF CHILDREN IN CERTAIN ADVERTISEMENTS. – (RA 9231) No child shall be employed as a model in any advertisement directly or indirectly promoting alcoholic beverages, intoxicating drinks, tobacco and its byproducts, gambl i n g o r a n y f o r m o f v i o l e n c e o r pornography." "SEC. 16- A. JURISDICTION - The family courts shall have original jurisdiction over all cases involving offenses punishable under this act: provided, that in cities or provinces where there are no family courts yet, the regional trial courts and the municipal trial courts shall have concurrent jurisdiction depending on the penalties prescribed for the offense charged. ØThe preliminary investigation of cases filed under this act shall be terminated within a period of thirty (30) days from the date of filing. ØIf the preliminary investigation establishes a prima facie case, then the corresponding information shall be filed in court within forty eight (48) hours from the termination of the investigation. ØTrial of cases under this act shall be terminated by the court not later than ninety (90) days from the date of filing of information. Decision on said cases shall be rendered within a period of fifteen (15) days from the date of submission of the case.  MODELS OF JUVENILE JUSTICE SYSTEM JUSTICE MODEL OF CORRECTIONS This is based on the concept that the criminal justice system should not be concerned with offender rehabilitation but should limit itself to the fair administration of punishment appropriate to the severity of the crime committed. WELFARE MODEL It adopts a positivistic approach that is based on the assumptions that juvenile wrongdoing is the product of social or environmental factors for which the young person cannot be held individually responsible. Its primary goal is to provide appropriate help or treatment for offenders rather than punishment. Minimum Intervention Model Its philosophy is derived in part from criminological “labelling theory”, which suggests that all official forms of processing young offenders are potentially harmful to them since they label and stigmatized them as criminals. (primary and secondary deviance) Restorative Justice Model It is based on a radically different sets of assumptions about the concept of crime itself, the relationship between offenders, victims, citizens and the state, and also about the most appropriate ways of responding to crime. The traditional juvenile justice theorists have portrayed crimes as against state while restorative model emphasizes on the harm that is done to the victim.  UN CONVENTIONS The Tokyo Rules ØUnited Nations Standard Minimum Rules for Non-custodial Measures Beijing Rules ØUnited Nations Standard Minimum Rules for the Administration of Juvenile Justice Riyadh Guidelines ØUnited Nations Guidelines for the Prevention of Juvenile Delinquency Havana Guidelines ØUnited Nations Rules for the Protection of Juveniles Deprived of their Liberty  REPUBLIC ACT NO. 9344 AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND W E L FA R E S Y S T E M , C R E AT I N G T H E J U V E N I L E J U S T I C E A N D W E L FA R E C O U N C I L U N D E R T H E D E PA R T M E N T O F J U S T I C E , APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES SECTION 1. SHORT TITLE AND SCOPE. - This act shall be known as the "JUVENILE JUSTICE AND WELFARE ACT OF 2006."It shall cover the different stages involving children at risk and children in conflict with the law from prevention to rehabilitation and reintegration.  REPUBLIC ACT NO. 10630 AN ACT STRENGTHENING THE JUVENILE JUSTICE SYSTEM IN THE PHILIPPINES, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9344, OTHERWISE KNOWN AS THE "JUVENILE JUSTICE AND WELFARE ACT OF 2006" AND APPROPRIATING FUNDS THEREFOR REVISED RULES AND REGULATIONS IMPLEMENTING REPUBLIC ACT NO. 9344, AS AMENDED BY R.A. 10630  RULE 2. DEFINITION OF TERMS Part of the features of a “Bahay Pag-asa” is an Intensive Juvenile Intervention And Support Center. This will cater to children in conflict with the law in accordance with sections 20, 20-A and 20-B of the act. A MULTI-DISCIPLINARY TEAM (MDT) - Composed of 1. Licensed Social Worker with permanent position; 2. Psychologist or mental health professional with permanent position; 3. Medical Doctor, who may be on retainer; 4. Educational or Guidance Counselor; 5. Member of the Barangay Council for the Protection of Children (BCPC); The MDT will work on the individualized intervention plan with the child and the child’s family. “COMMUNITY-BASED PROGRAMS” Refers to the programs provided in a community setting, developed for purposes of intervention, diversion, and rehabilitation of the child in conflict with the law, which are intended for the purpose of reintegrating the child into the family and/or community.. “COURT” refers to a family court, or In places where there are no family courts, any regional trial court. “DUTY-BEARER” Shall refer to persons who are responsible for providing care, addressing the needs and protecting the rights of a child within the juvenile justice and welfare system. “INTENSIVE JUVENILE INTERVENTION AND SUPPORT CENTER” OR “IJISC” Refers to a special program or unit within the “bahay Pag-asa” or any child-caring facility of the DSWD or licensed and accredited NGOs, to address the needs of the CICL for intensive intervention programs and services. "CHILD IN CONFLICT WITH THE LAW" Refers to a child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws. "DEPRIVATION OF LIBERTY" Refers to any form of detention or imprisonment, or to the placement of a child in conflict with the law in a public or private custodial setting, from which the child in conflict with the law is not permitted to leave at will by order of any judicial or administrative authority. "DIVERSION" Refers to an alternative, child-appropriate process of determining the responsibility and treatment of a child in conflict with the law on the basis of his/her social, cultural, economic, psychological or educational background without resorting to formal court proceedings. "DIVERSION PROGRAM" Refers to the program that the child in conflict with the law is required to undergo after he/she is found responsible for an offense without resorting to formal court proceedings. (K) "INITIAL CONTACT WITH-THE CHILD" Refers to the apprehension or taking into custody of a child in conflict with the law by law enforcement officers or private citizens (I) "INTERVENTION" Refers to a series of activities which are designed to address issues that caused the child to commit an offense. (M) "JUVENILE JUSTICE AND WELFARE SYSTEM" Refers to a system dealing with children at risk and children in conflict with the law, (N) "LAW ENFORCEMENT OFFICER" Refers to the person in authority or his/her agent as defined in article 152 of the revised penal code, including a barangay tanod.. (0) "OFFENSE" Refers to any act or omission whether punishable under special laws or the revised penal code, as amended. “INTERVENTION” Generally refers to programmatic approaches or systematic social protection programs for children that are designed and intended to: a. Promote the physical and social well-being of the children; b. Avert or prevent juvenile delinquency from occurring; and c. Stop or prevent children from re-offending. “REFERRAL” Shall refer to a process where a duty-bearer, within the juvenile justice and welfare system, endorses the CICL to the appropriate service provider for appropriate care or intervention. ‘Referral’ includes the endorsement of the victim for appropriate assistance and intervention.. "YOUTH DETENTION HOME" Refers to a 24-hour child-caring institution managed by accredited local government units (lgus) and licensed and/or accredited nongovernment organizations (ngos) providing short-term residential care for children in conflict with the law who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction. ‘BAHAY PAG-ASA’ – Refers to a 24-hour child-caring institution established, funded and managed by local government units (lgus) and licensed and/or accredited nongovernment organizations (ngos) providing short-term residential care for children in conflict with the law who are above fifteen (15) but below eighteen (18) years of age who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction. "VICTIMLESS CRIMES" Refers to offenses where there is no private offended PARTY. RESTORATIVE JUSTICE IS A PRINCIPLE IN JUVENILE JUSTICE THAT REQUIRES A PROCESS OF RESOLVING CONFLICTS WITH THE PARTICIPATION OF THE VICTIM, THE CHILD IN CONFLICT WITH THE LAW, AND THE COMMUNITY. IT SEEKS TO OBTAIN REPARATION FOR THE VICTIM; RECONCILIATION TO THE VICTIM, THE CHILD IN CONFLICT WITH THE LAW, AND THE COMMUNITY, AND THE REASSURANCE THAT THE CHILD IN CONFLICT WITH THE LAW CAN BE REINTEGRATED INTO SOCIETY. IT ALSO ENHANCES PUBLIC SAFETY BY INVOLVING THE VICTIM, THE CHILD IN CONFLICT WITH THE LAW, AND THE COMMUNITY IN PREVENTION STRATEGIES. SOCIAL CASE STUDY REPORT IS A WRITTEN REPORT ON THE SOCIAL CASE INQUIRY CONDUCTED BY THE SOCIAL WORKER OF THE LOCAL GOVERNMENT UNIT OR THE DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT OR BY THE SOCIAL WORKER DESIGNATED BY THE COURT ON THE SOCIAL, CULTURAL, ECONOMIC AND LEGAL STATUS OR CONDITION OF THE CHILD IN CONFLICT IN THE LAW. IT SHALL INCLUDE, AMONG OTHER MATTERS, THE CHILD'S DEVELOPMENT AGE; EDUCATIONAL ATTAINMENT; FAMILY AND SOCIAL RELATIONSHIPS; THE QUALITY OF THE CHILD'S PEER GROUP; THE STRENGTHS AND WEAKNESSES OF THE FAMILY; PARENTAL CONTROL; THE CHILD'S ATTITUDE TOWARDS THE OFFENSE ; THE HARM OR DAMAGE DONE TO OTHERS RESULTING FROM THE OFFENSES, IF ANY; AND THE ATTITUDE OF THE PARENTS TOWARDS THE CHILD'S RESPONSIBILITY FOR THE OFFENSE. THE SOCIAL WORKER SHALL ALSO INCLUDE AN INITIAL DETERMINATION OF THE CHILD'S DISCERNMENT IN THE COMMISSION OF THE OFFENSE. COMMUNITY CONTINUUM REFERS TO THE AFTERCARE OF A CHILD IN CONFLICT WITH THE LAW AND IS A COMMUNITY-BASED GROUP THERAPY PROCESS THAT PROVIDES CONTINUOUS GUIDANCE AND SUPPORT TO THE CHILD IN CONFLICT WITH THE LAW UPON RELEASE FROM REHABILITATION AND SUBSEQUENT REINTEGRATION INTO SOCIETY. COMMUNITY CONTINUUM FOR THE CHILD INCLUDES TIMELY RELEASE, S UITABLE RES ID ENC E, F O O D , C L O T H I N G , A V A I L A B L E E M P L O Y M E N T A N D SUFFICIENT MEANS TO FACILITATE SUCCESSFUL REINTEGRATION IN SOCIETY WHICH SHALL BE PROVIDED BY THE CONCERNED LOCAL GOVERNMENT UNIT AND OTHER APPROPRIATE AGENCIES. IT ALSO INCLUDES AFTER-CARE SUPPORT PROVIDED BY THE LOCAL SOCIAL WELFARE AND DEVELOPMENT OFFICER FOR A PERIOD OF AT LEAST SIX (6) MONTHS FOR CHILDREN IN CONFLICT WITH THE LAW WHOSE CASES HAVE BEEN DISMISSED BY THE PROPER COURT BECAUSE OF GOOD BEHAVIOR AS PER RECOMMENDATION OF THE DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT SOCIAL WORKER AND/OR ANY ACCREDITED NON-GOVERNMENT ORGANIZATION YOUTH REHABILITATION CENTER. THE SERVICE INCLUDES COUNSELING AND OTHER COMMUNITY-BASED SERVICES DESIGNED TO FACILITATE SOCIAL REINTEGRATION, PREVENT RE-OFFENDING AND MAKE THE CHILDREN PRODUCTIVE MEMBERS OF THE COMMUNITY DISPOSITION CONFERENCE IS A MEETING HELD BY THE COURT WITH THE SOCIAL WORKER WHO PREPARED THE CASE STUDY REPORT, TOGETHER WITH THE CHILD IN CONFLICT WITH THE LAW, THE PARENTS OR GUARDIAN, AND THE CHILD’S COUNSEL, AS WELL AS THE PRIVATE COMPLAINANT TOGETHER WITH HIS OR HER PARENTS OR GUARDIAN, IF A MINOR, AND COUNSEL, FOR THE PURPOSE OF DETERMINING THE DISPOSITION MEASURES APPROPRIATE TO THE PERSONAL AND SPECIAL CIRCUMSTANCES OF THE CHILD. EXPEDITED TRANSFER OF A CHILD IS A PROCESS WHERE A CHILD WHO COMMITS AN OFFENSE IS IMMEDIATELY BROUGHT BY THE APPREHENDING OFFICER OR PRIVATE INDIVIDUAL TO A SOCIAL WORKER FOR PRELIMINARY DETERMINATION OF DISCERNMENT. INTAKE REPORT I S T H E I N I T I A L W R I T T E N R E P O R T C O N TA I N I N G T H E P E R S O N A L A N D O T H E R CIRCUMSTANCES OF THE CHILD IN CONFLICT WITH THE LAW PREPARED BY THE SOCIAL WORKER ASSIGNED TO ASSIST THE CHILD ENTERING THE JUSTICE SYSTEM.  RULE 7. CONFIDENTIALITY AND PRIVACY RULE 7.A. RIGHT TO CONFIDENTIALITY AND PRIVACY Ø The right to privacy of a child in conflict with the law shall be respected at all stages of the proceedings. As such, all records and proceedings involving children in conflict with the law, from initial contact until the final disposition of the case, shall be considered privileged and confidential. Ø The public shall be excluded during the proceedings, and the records shall not be disclosed directly or indirectly to anyone, by any of the parties or the participants in the proceedings, for any purpose whatsoever, except to determine the application of a suspended sentence, the grant of probation under the probation law, or to enforce the civil liability imposed in the criminal action. Ø All concerned duty-bearers shall undertake all measures to protect the identity of the child, and to uphold the confidentiality of the proceedings, including non-disclosure of the records to the media, maintaining a separate police blotter for cases involving children in conflict with the law, and adopting a system of coding to conceal material information which will lead to the child’s identity. Ø All duty-bearers shall enjoin the media practitioners to observe the guidelines and protocols related to reporting and coverage of cases involving children, particularly the guide for media practitioners on the reporting and coverage of case involving children, as promulgated by the committee for the special protection of children. RULE 7.D. USE OF RECORDS IN SUBSEQUENT PROCEEDINGS Ø As provided in section of the act, the records of a child in conflict with the law shall not be used in subsequent proceedings, whether criminal, civil or administrative, for cases involving the same offender as an adult, except when beneficial to the offender and upon the offender’s written consent. RULE 7.B. MEDICAL EXAMINATION RESULTS Ø The results of the medical examination of the child in conflict with the law taken prior, or 5 during the trial, shall be kept confidential, unless otherwise ordered BY THE FAMILY COURT. RULE 7.C. WHEN RECORDS MAY BE DISCLOSED Ø The disclosure of confidential records may only be done upon order of the court. The records of the child in conflict with the law may only be disclosed to persons specifically enumerated in the order of the court permitting such disclosure, and subject to such conditions as the court may impose. RULE 7.E. EXEMPTION FROM PERJURY AND LIABILITY FOR CONCEALMENT OR MISREPRESENTATION Ø A person who has been in conflict with the law as a child shall not be held, under any provision of law, to be guilty of perjury or of concealment or misrepresentation by reason of failure to acknowledge the case, or recite any fact related thereto, in response to any inquiry directed to the person for any purpose, pursuant to section of the act. No person shall also be denied privileges and opportunities, discriminated against, punished or in any manner held liable or responsible for non-disclosure of any fact relating to their record as a child in conflict with the law. PART II. RIGHTS OF A CHILD IN CONFLICT WITH THE LAW RIGHTS OF THE CHILD IN CONFLICT WITH THE LAW. - Every child in conflict with the law shall have the following rights, including but not limited to: (A) the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment; (B) the right not to be imposed a sentence of capital punishment or life imprisonment, without the possibility of release; (C) the right not to be deprived, unlawfully or arbitrarily, of his/her liberty; detention or imprisonment being a disposition of last resort, and which shall be for the shortest appropriate period of time; (D) the right to be treated with humanity and respect, for the inherent dignity of the person, and in a manner which takes into account the needs of a person of his/her age. In particular, a child deprived of liberty shall be separated from adult offenders at all times. No child shall be detained together with adult offenders. He/she shall be conveyed separately to or from court. He/she shall await hearing of his/her own case in a separate holding area. A child in conflict with the law shall have the right to maintain contact with his/her family through correspondence and visits, save in exceptional circumstances; E) the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his/her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on such action; (F) the right to bail and recognizance, in appropriate cases; A.M. NO. 02-1-18-SC SECTION 17. WHEN BAIL NOT A MATTER OF RIGHT. – NO JUVENILE CHARGED WITH AN OFFENSE PUNISHABLE BY DEATH, RECLUSION PERPETUA OR LIFE IMPRISONMENT SHALL BE ADMITTED TO BAIL WHEN EVIDENCE OF GUILT IS STRONG. (G) the right to testify as a witness in his or her own behalf under the rule on examination of a child witness; (H) the right to have his/her privacy respected fully at all stages of the proceedings; (I) the right to diversion if he/she is qualified and voluntarily avails of the same; (J) the right to be imposed a judgment in proportion to the gravity of the offense where his/her best interest, the rights of the victim and the needs of society are all taken into consideration by the court, under the principle of restorative justice; (K) the right to have restrictions on his/her personal liberty limited to the minimum, and where discretion is given by law to the judge to determine whether to impose fine or imprisonment, the imposition of fine being preferred as the more appropriate penalty; (I) in general, the right to automatic suspension of sentence; (M) the right to probation as an alternative to imprisonment, if qualified under the probation law; (N) the right to be free from liability for perjury, concealment or misrepresentation; and (O) other rights as provided for under existing laws, rules and regulations. CHILD RIGHTS CENTER (CRC). - The existing CHILD RIGHTS CENTER OF THE COMMISSION ON HUMAN RIGHTS Shall ensure that the status, rights and interests of children are upheld in accordance with the constitution and international instruments on human rights. MINIMUM AGE OF CRIMINAL RESPONSIBILITY. (RA 9344) - A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention program pursuant to section 20 of this act. A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance with this act. The exemption from criminal liability herein established does not include exemption from civil liability, which shall be enforced in accordance with existing laws. SECTION 3. (RA 10630) Section 6 of republic act no. 9344 is hereby amended to read as follows: "SEC. 6. MINIMUM AGE OF CRIMINAL RESPONSIBILITY. – A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention program pursuant to section 20 of this act. "A CHILD IS DEEMED TO BE FIFTEEN (15) YEARS OF AGE ON THE DAY OF THE FIFTEENTH ANNIVERSARY OF HIS/HER BIRTHDATE. "A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance with this act. "THE EXEMPTION FROM CRIMINAL LIABILITY HEREIN ESTABLISHED DOES NOT INCLUDE EXEMPTION FROM CIVIL LIABILITY, WHICH SHALL BE ENFORCED IN ACCORDANCE WITH EXISTING LAWS." RULE 34. CIVIL LIABILITY OF PARENTS Parents shall be jointly liable for the civil liability of the child. The parents shall be liable for damages unless they prove, to the satisfaction of the court, that they were exercising reasonable supervision over the child at the time the child committed the offense, and exerted reasonable efforts and utmost diligence to prevent or discourage the child from committing an offense. FOR PURPOSES OF THIS RULE, “PARENTS” SHALL MEAN ANY OF THE FOLLOWING PERSONS: (1) BIOLOGICAL PARENTS OF THE CHILD; OR (2) ADOPTIVE PARENTS OF THE CHILD; OR (3) INDIVIDUALS WHO HAVE CUSTODY OF THE CHILD DETERMINATION OF AGE. - The child in conflict with the law shall enjoy the presumption of minority. He/she shall enjoy all the rights of a child in conflict with the law until he/she is proven to be eighteen (18) years old or older. The age of a child may be determined from the child's birth certificate, baptismal certificate or any other pertinent documents. In the absence of these documents, age may be based on information from the child himself/herself, testimonies of other persons, the physical appearance of the child and other relevant evidence. In case of doubt as to the age of the child, it shall be resolved in his/her favor. RULE 35.D. IF THE CHILD’S AGE IS CONTESTED Ø As provided in section 7 of the act, any person contesting the age of the child in conflict with the law, prior to the filing of the information in any appropriate court, may file a case in a summary proceeding for the determination of the child’s age before the family court, which shall decide the case within twenty-four (24) hours from the receipt of the appropriate pleadings of all interested parties. Ø If a case has been filed against the child in conflict with the law and is pending in the appropriate court, a person may file a motion to determine the age of the child in the same court where the case is pending. Ø Pending the hearing on the said motion, the proceedings on the main case shall be suspended. In all proceedings, law enforcement officers, prosecutors, judges and other government officials concerned, shall exert all efforts to determine the age of the child in conflict with the law.  MANUAL IN HANDLING CASES OF CHILDREN AT RISK AND CHILDREN IN CONFLICT WITH THE LAW OCTOBER 2016 SUMMARY PROCESS ON CAR (RESCUE)  1.1 AT RISK OF BECOMING A CHILD IN CONFLICT WITH THE LAW (CICL) CAR refers to children who are vulnerable to and at risk of behaving in a way that can harm themselves or others, or vulnerable and at risk of being pushed and exploited to come into conflict with the law because of personal, family and social circumstances, such as, but not limited to, the following: A. Being abused by any person through sexual, physical, psychological, mental, economic or any other means, and the parents or guardians Refuse, are unwilling, or unable to provide protection for the child; B. Being exploited sexually or economically; C. Being abandoned or neglected, and after diligent search and inquiry, the parents or guardians cannot be found; D. Coming from a dysfunctional or broken family or being without a parent or guardian; E. Being out of school; F. Being a street child; G. Being a member of a gang; H. Living in a community with a high level of criminality or drug abuse; and I. Living in situations of armed conflict.  RESCUE OF CHILD WHO IS AT RISK OF BECOMING A CICL (1.1) 1. THE WCPD (LEADER OF RESCUE OPS) VERIFY THE INFO 2. THE WCPD WILL CONTACT THE (LOB) TO MAP OUT THE RESCUE OPS. ü LSWDO/DSWD ü OTHER PNP UNITS (IF NECESSARY) ü BGY. OFFICIALS 3. CONFIDENTIAL INFO MAY BE SHARED ONLY WITH THOSE DIRECTLY INVOLVED IN RESCUE OPS PLANNING. 4. THE LSWDO SHALL STAY AT SAFE DISTANCE AND TAKE CUSTODY OF THE CHILD VICTIM Take note! The police, however, may immediately rescue a child at risk if coordinating the rescue operations with the nearest available social worker would compromise the safety of the child. As soon as the child is rescued, the child shall be endorsed to the LSWDO and the rescue operations entered in the Pink Blotter or Mandatory Registry.  1.2 VIOLATION OF ORDINANCES. Such as, but not limited to: A. Curfew violations B. Truancy C. Parental disobedience D. Anti-smoking and anti-drinking laws, as well as those concerning light offenses and misdemeanors against public order or safety such as, but not limited to: 1) disorderly conduct 2) public scandal 3) harassment 4) drunkenness 5) public intoxication 6) criminal nuisance 7) vandalism 8) gambling 9) mendicancy 10) littering 11) public urination,  1.3 DECRIMINALIZED ACTS WHEN COMMITTED BY CHILDREN CAR also includes those who commit any of the following: A. Prostitution (article 202 of the revised penal code); B. Mendicancy (presidential decree no. 1563); and C. Sniffing of rugby (presidential decree no. 1619).  RESCUE OF CHILD WHO VIOLATES ORDINANCE (1.2) / DECRIMINALIZED ACTS (1.3) 1. Give the child a friendly advice or “payo” or a simple warning not to repeat the act/s she/he has committed; 2. Immediately notify the parents or guardians for their proper intervention in the treatment of the child; 3. Immediately transfer the physical custody of the child directly to the barangay of residence for proper disposition; 4. If the child is a resident of another municipality or city, turnover the CAR to the LSWDO of the place where the offense was committed. 5. Whenever a case is referred to the barangay or the LSWDO, ü The WCPD officer shall submit the records of the case in a sealed envelope with the “CAR CASE” written conspicuously on the upper right-hand corner of the face of the envelope with appropriate receipts for the documents. ü In all cases, the responding officer shall take down the facts of the case in his/her tickler and shall report the incident to the WCPD officer who shall enter the incident in the pink blotter or mandatory registry. THEN INTERVENTION MAY PROCEED … SUMMARY PROCESS ON CICL  WHO IS A CICL? A “child in conflict with the law” or “CICL” refers to a child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws. The offenses under this rule do not include those violations stated in section 1-1.2 and section 1-1.3.  INITIAL CONTACT Initial contact with the child refers to the apprehension or taking into custody of a child in conflict with the law by police officers or private citizens. It includes apprehension with or without a warrant. Police officers shall take note that the physical custody of the child shall be turned over to the appropriate persons or agencies as provided in section 5-4, within eight hours after initial contact.  WHO MAY CONDUCT INITIAL CONTACT First responders, beat patrol officers, WCPD and other responding police officers who shall have initial contact with a CICL is covered under this manual. 3.1 PROCEDURES IN APPREHENDING A CICL. The following procedures shall be observed in conducting initial contact: a. The apprehending officer shall identify himself/herself to the child and shall introduce herself/himself as kuya or ate to the child and show his her proper identification card as a police officer. b. If the apprehending officer is wearing a vest or a jacket while in uniform, she/he shall show her/his nameplate and/or badge to the child. c. If the apprehending officer is in civilian clothes, he/she shall show his/her identification card. d. The apprehending officer shall conduct the search of the child in a friendly, non-degrading and gender-sensitive manner. A female child shall only be searched by a female police officer. 3.2 WHAT TO EXPLAIN TO THE CHILD. The police officer shall explain to the child, in simple language, and in a language or dialect which the child can understand: a. The reason for placing the child under custody; b. The offense allegedly committed; and c. The child’s constitutional and other rights. The apprehending officer shall read the following “rights of a person under custodial investigation” to the child in a language or dialect which he/she understands: You have the right to remain silent. Do you understand? You have the right to have an independent and competent counsel of your choice. Do you understand? If you cannot afford the services of a lawyer, the government will provide a lawyer to assist you free of charge. Do you understand? Anything you say will be used against you in any court of law. Do you understand all these rights? If the child cannot understand the language or local dialect or suffers from disability, immediately bring the child to the station for proper assistance. The apprehending officer shall immediately notify the child’s parents or guardians, the LSWDO and the PAO of the child’s apprehension. The notification shall be made not later than eight (8) hours after termination.  SECTION 3-11 IF THE OFFENSE IS LIGHT If the child’s offense is light but the offense is not listed in section 1-1.2, the responding officer shall either: A. Give the child a friendly advice or “payo” or a simple warning not to repeat the act/s she/he has committed. B. Call the unoffending parents or guardians for their proper intervention in the treatment of the child. C. Refer the child directly to the barangay of residence and to the LSWDO for proper disposition and intervention. If the child is a resident of another municipality or city, the child shall be referred to the lswdo of the place where the offense was committed for proper disposition. THEN INTERVENTION MAY PROCEED … SECTION 3-12 IF THE OFFENSE IS SERIOUS OR NON-SERIOUS a. Immediately bring the child to a medical professional for physical examination. The responding officer shall fill up the referral letter form in annex F attaching the feedback form in annex G; b. The responding officer who brings the child for medical examination shall maintain a safe distance from the child and the medical professional while the latter conducts the examination so as to respect and promote the privacy of the child. c. After the medical examination, he shall immediately bring the child to the police station; d. Fill up the initial contact report form in annex B; e. Prepare an affidavit of apprehension containing the following information: 1) Name and age of the CICL and of the persons who participated in the commission of the crime; 2) Name of the apprehending officer/s; 3) When, where, why and how initial contact was conducted; 4) Whether handcuffs, or other instruments of restraint was used during initial contact; 5) Whether force was used in effecting initial contact; and 6) Whether weapons or any illegal effects were recovered from the child. IRR RA 10630 RULE 27.A. DUTY OF LAW ENFORCEMENT OFFICER WHEN INTERVIEWING THE CHILD Ø The law enforcement officer may interview a child for the purpose of determining the child’s personal circumstance including among others, his or her name, name of his or her parents, the child’s date of birth, and home address. Ø No law enforcement officer shall compel any child to make any statement or provide any information that might incriminate the child. The law enforcement officer shall have the duty to inform the child of his or her rights under the constitution and under RA 7438. Ø Any statement or information made by the child referring to the crime shall require the presence of the following persons provided in section of the act: (1.) The child’s counsel of choice or in the absence thereof, a lawyer from the PUBLIC ATTORNEY’S OFFICE; (2) The child’s parents, guardian, or nearest relative, as the case may be; and (3) The LSWDO. THE LAW ENFORCEMENT OFFICER FROM THE WOMEN AND CHILD PROTECTION DESK SHALL CONDUCT THE INTERVIEW OF THE CHILD.  CHAPTER 4 RECEIVING CICL CASES IN THE STATION SECTION 4-1 WHERE A CASE IS FILED DIRECTLY AT THE STATION If the victim or the complainant directly files a complaint before the police station against a CICL, the following procedures shall apply: a. The investigation of the crime committed shall be conducted by the WCPD unless the case is cognizable by the general investigation section. b. If the case is not cognizable by the WCPD, the investigator-on-case (IOC) shall notify the WCPD that a complaint has been filed against a CICL. The WCPD shall immediately assign the necessary codes according to section 8-2 in order to protect the identity of the child. The IOC shall make an entry into the police blotter using the assigned codes. c. In case the IOC is not familiar with the processes of the juvenile justice and welfare act, he/she may refer the victim or the complainant to the WCPD in order to explain to the victim or complainant the processes required by the juvenile justice and welfare act.  INITIAL INVESTIGATION The initial investigation is the stage after initial contact, when police officers gather relevant evidence regarding the case and about the CICL. At the level of the PNP, the initial investigation is composed of the following processes: A. Processing of the CICL; B. Investigating the crime committed; C. Making an entry in the police blotter or mandatory registry D. In appropriate cases, taking the statement of the child; E. Referring the custody of the CICL; F. Referring the case of the CICL; and G. Preparing the initial investigation report. The conduct of the initial investigation shall be guided by the principle of the best interest of the child and consideration for the concerns and needs of the victim.  PROCESSING OF THE CICL In all cases, the processing of the CICL shall be conducted by the WCPD. The processing of the child shall include the following procedures: A. Notifying the parents/guardians of the CICL within eight hours from initial contact; B. Notifying the local social welfare and development office and the PAO within eight hours from initial contact; C. Recording the personal circumstances of the child D. Determining the age of the child; E. Gathering evidence if the child is dependent, abandoned, neglected and/or abused; and F. Taking the fingerprint and the photograph of the child.  SECTION 3-9 CONDUCTING INITIAL CONTACT IN AN EDUCATIONAL INSTITUTION If the initial contact shall be conducted within the premises of an educational institution, the responding police officer shall always coordinate with the head of the educational institution and with its child protection committee if existing, before conducting the initial contact. In addition, the following procedures shall be observed: a. The responding police officer shall go directly to the office of the head of the educational institution in civilian clothes. b. No guns shall be brought inside the premises of the educational institution. c. The responding officer shall accomplish and sign all the school documents required for the turnover of the child. Upon completion of the required documents for the turnover, the responding officer shall discreetly escort the child with his/her parents or guardians out of the school to go to the police station. 4.2 HOW TO REFER THE CASE OF A CHILD. The case of the child shall be referred to the proper person/s or agency as provided below but always in accordance with these procedures: A. The WCPD shall fill out the referral letter form as provided in annex F. If the case of the child will be referred to the same office to whom the physical custody of the child shall be turned over, the WCPD may prepare only one referral letter which shall state both purposes. B. Whenever a case is referred and documents need to be submitted, the WCPD officer shall submit the records of the case in a sealed envelope with the “CAR CASE” or “CICL CASE”, written conspicuously on the upper right-hand corner of the face of the envelope, with appropriate receipts for the documents. IRR RA 10630 RULE 28. WHERE THE CASE SHALL BE REFERRED After the initial investigation, the law enforcement officer shall determine if the case of the child shall be referred to: (1) THE LSWDO For intervention in accordance with sections 20, 20-A and 20-B of 13 the act and PART IX of these rules if the child is: (a) Fifteen (15) years old or below; or (b) Above 15 but below 18 years of age and acted without discernment. (2) Diversion, in accordance with section 23 of the act and PART X of these rules, to be administered by the: (a) LAW ENFORCEMENT OFFICER, If the child is above 15 but below 18 years of age, acted with discernment, and allegedly committed an offense with an imposable penalty of not more than six (6) years of imprisonment; or (b) LSWDO, If the child is above 15 but below 18 years of age, acted with discernment, and allegedly committed a victimless offense with an imposable penalty of not more than six (6) years of imprisonment. (3) THE PROSECUTOR OR JUDGE, If the child is above fifteen (15) but below 18 years of age, acted with discernment, and allegedly committed an offense with an imposable penalty of more than six (6) years of imprisonment. 4.3 IF THE CHILD IS A CAR A. CUSTODY OF A CAR If after the initial investigation, it has become clear to the WCPD officer or to the IOC that the child is not a CICL but a CAR, the police officer, in coordination with the barangay council for the protection of children (BCPC) and in consultation with the LSWDO, shall immediately release the custody of the child to his/her parents or guardians. If the child is dana as determined pursuant to section 5-1.4, the custody of the child shall be referred to the LSWDO. B. CASE OF CAR For purposes of determining the proper secondary intervention program, the WCPD officer shall refer the case of the CAR to the barangay through their barangay council for the protection of children (BCPC).  4.4 IF THE CHILD IS A CICL AGED 15 YEARS OLD OR BELOW A. The crime committed is a serious crime 5) robbery with homicide or rape; If the crime committed is any of the 6) destructive arson; following serious crimes: 7) rape; 1) parricide; 8) carnapping where the driver or 2) murder; occupant is killed or raped; or 3) infanticide; 9) offenses under republic act no. 9165 4) kidnapping and serious illegal punishable by more than twelve (12) detention where the victim is killed or years of imprisonment Raped; The following rules and procedures shall apply: (A) the WCPD officer shall immediately turn over the physical custody of the child to the LSWDO or the DSWD. (B) the WCPD officer shall properly refer the case of the child to the lswdo. (C) the WCPD officer shall close the investigation of the criminal case insofar as the cicl aged 15 years old or below is concerned, as provided under section 5-4.4e. However, the investigation against his or her co-accused who is above 15 years old shall proceed  B. IF THE CICL IS A REPEAT OFFENDER If the CICL has previously committed an offense before and he/she has been subjected to a community-based intervention program, he/she is deemed a repeat offender. In these cases, the following rules and procedures shall apply: 1) the WCPD officer shall turn over the physical custody of the child to the LSWDO. 2) the WCPD officer shall properly refer the case of the child to the LSWDO, with a request that a petition for involuntary commitment and placement of the child in a “BAHAY PAG-ASA” be made to the appropriate family court. 3) the WCPD officer shall close the investigation of the criminal case as provided under section 5-4e. C. IF THE CICL IS DANA If the child is DANA, the WCPD officer shall turn over the physical custody of the child to the LSWDO and the WCPD officer shall properly refer the case of the child to the LSWDO. The WCPD officer shall close the investigation of the criminal case as provided under section 5-4.4e  D. IN ALL OTHER CASES 1) The WCPD officer shall release the child to the parents or guardians, after consultation with the LSWDO. 2) the WCPD officer shall refer the case of the CICL to the barangay through their BARANGAY COUNCIL FOR THE PROTECTION OF CHILDREN and to the LSWDO. 3) the WCPD shall explain to the CICL and his/her parents that he/she meet with the LSWDO and shall undergo intervention program. 4) the WCPD officer shall close the investigation of the criminal case as provided under section 5-4.4e.  E. CLOSING THE CASE OF CICL NOT CRIMINALLY LIABLE Since a child who is 15 years old or below is not criminally liable, the WCPD officer shall close the criminal case except: 1) when the child had been used by an adult or any other persons to commit the offense in which case the WCPD officer shall follow the procedures under section 5-2.1; 2) when there is a co-accused and the co-accused is an adult or a CICL who is more than 15 years old and who acted with discernment. In which case, the WCPD officer shall follow the procedures under section 5-2.2; 3) when the child had been hurt, tortured or otherwise injured as a consequence of the commission of the offense in which case the WCPD officer shall follow the procedures under section 5-2.7. The WCPD officer shall explain to the victim or the complainant that while the criminal case is closed, the case will be referred to the LSWDO and/or the barangay in order for the child to undergo intervention program. The purpose of the intervention program is to rehabilitate the child. IF THE CICL IS MORE THAN 15 YEARS OLD  A. THE CICL COMMITTED A SERIOUS OFFENSE If the child is more than 15 years old and the crime committed is punishable by more than six (6) years of imprisonment, the WCPD officer shall: 1) notify the parents or guardians, LSWDO and PAO within eight hours from initial contact; 2) turn over the physical custody of the CICL to the LSWDO within eight hours from initial contact; 3) refer the case of the child to the LSWDO for the initial determination of discernment; 4) Wait for the initial determination of discernment report by the LSWDO. Depending on the procedures being followed by the LSWDO, the determination of discernment can take as long as seven days. In this case, the initial investigation shall remain open until the determination of discernment is received from the LSWDO; 5. Explain to the victim and/or the complainant that if the LSWDO determines that the CICL did not act with discernment when he committed the offense, the case cannot be filed before the prosecutor’s office. Instead, the CICL will undergo intervention program. If the LSWDO determines that the CICL acted with discernment, the case may be filed before the prosecutor’s office, but may be subjected to diversion if eligible; and (NOTE: NO CASE AGAINST THE CICL SHALL BE FILED BEFORE THE PROSECUTOR WITHOUT THE DETERMINATION OF DISCERNMENT BY THE LSWDO.) 6. Assure the victim/complainant that they will be informed immediately of any actions that may be taken after the processes are completed.  B. THE CICL COMMITTED A NON-SERIOUS OFFENSE If the child is more than 15 years old and the crime committed is punishable by not more than six (6) years of imprisonment, the WCPD shall: 1) turn over the custody of the CICL, who is determined to be a dependent, abandoned, neglected, or abused child (DANA), to the LSWDO; 2) consult the LSWDO before releasing the CICL to his/her parents/guardians, if the CICL is not a DANA; 3) refer the case of the CICL to the LSWDO for the initial determination of discernment; 4) wait for the initial determination of discernment report by the LSWDO. Depending on the procedures being followed by the LSWDO, the determination of discernment can take as long as seven days. In this case, the initial investigation shall remain open until the determination of discernment is received from the LSWDO; 5. No case against the CICL shall be filed before the prosecutor without the determination of discernment by the LSWDO; 6. Explain to the victim and/or the complainant that if the LSWDO determines that the CICL acted with discernment, the case may be referred to the barangay for diversion proceedings or the WCPD may facilitate diversion, if warranted. Assure the victim/complainant that they will be informed immediately of any actions that may be taken after the processes are completed; and 7. Assure the victim/complainant that they will be informed immediately of any actions that may be taken after the processes are completed.  4.6 WHERE TO REFER THE CASE IF THE CHILD IS NOT A RESIDENT OF THE CITY OR MUNICIPALITY. If the child is not a resident of the city or of a barangay under the jurisdiction of the police station, the WCPD officer shall turn over the physical custody of the child to the LSWDO of the place where the offense was committed.  4.7 WHEN THE CUSTODY OF CICL CANNOT YET BE TURNED OVER In cases when the child is apprehended at night time or during weekends, or where the LSWDO is not available to receive referrals for CICL cases, the WCPD shall ensure that the child shall be temporarily secured in a safe area within the station. The WCPD shall ensure that the CICL are separated from the opposite sex and adult offenders, and shall not be placed inside a detention cell or jail. The custody of the CICL may also be referred to: ü NGO that is licensed and accredited by the DSWD, ü a faith-based organization, ü a foster parent, ü or a member of the BCPC who is selected based on the criteria set by the DILG. The custody of the CICL shall be referred to the appropriate agency or person at the soonest possible time. IRR RA 10630 Ø However, in cases where the child is fifteen (15) years old or below, the law enforcement officer shall immediately release the child to the custody of the child’s parents or guardian, or in their absence, the child’s nearest relative, upon assessment and recommendation of the LOCAL SOCIAL WELFARE DEVELOPMENT OFFICER, In accordance with rule 36.A herein. Ø In the event that a child whose custody is turned over by the law enforcement officer is fifteen (15) years old or below, the LSWDO shall take all measures to release the child to the parents or guardians, or to any of the persons or organizations provided in rule 38.B herein, and proceed with the development of appropriate diversion programs, as provided under part VII of these rules, except in cases covered under section 20, section 20-A and section 20-B of the act. IRR RA 10630 RULE 36.B. CUSTODY OF THE CHILD BELOW AGE OF CRIMINAL RESPONSIBILITY If the parents, guardians or nearest relatives cannot be located, or if they refuse to take custody of the child, the child may be released by the authority having initial contact with the child to any of the following: 1. DULY-REGISTERED NON-GOVERNMENTAL OR RELIGIOUS ORGANIZATION; 2. BARANGAY OFFICIAL; 3. MEMBER OF THE BCPC; 4. LSWDO; OR 5. DSWD, WHEN AND WHERE APPROPRIATE. Note: If the parents, guardians or relatives are unable to take custody of the child due to incarceration or a mental or physical incapacity, the child shall be referred to alternative placements such as foster homes, in addition to what has been provided in the act, as amended.  4.8 WHEN THE LSWDO REQUESTS THE PNP TO SAFEKEEP A CHILD. If the LSWDO requests the PNP to safe-keep the child, the WCPD shall observe the following procedures: A. The responsibility and accountability over the child still resides with the LSWDO and the WCPD officer only acts as a safe-keeper. B. The LSWDO shall write to the chief of police of the station, through the WCPD officer, a referral letter which shall clearly state the following: 1) the reason why the LSWDO cannot take the physical custody of the child; 2) the reason why the PNP should take physical custody of the child; 3) that the request is a last resort after exerting all efforts to find a suitable place for the child; and 4) the duration of safekeeping shall not be beyond eight hours from initial contact during weekdays. If the child is apprehended or brought to the police at night time or during weekends, or where the LSWDO is not available to receive referrals for CICL cases, the duration shall last only until the LSWDO resumes operation in the morning or after the weekends. C. While in his/her custody, the WCPD officer shall ensure that the child is placed in a safe and comfortable place, providing an area in the police station where the child may temporarily stay without experiencing any form of threat, fear or anxiety and that the privacy of the child and the confidentiality of the case is respected.  PART VI. INTERVENTION PROGRAMS “INTERVENTION,” AS USED IN THESE RULES, HAS THREE LEVELS: (1) Primary intervention includes general measures to promote social justice and equal opportunity, which tackle the perceived root causes of offending. These shall include programs on advocacy, and socio-economic, health and nutrition, training and education services. (2) Secondary intervention includes measures to assist children-at-risk, i.E., Protective services for children; and (3) Tertiary intervention includes measures to avoid unnecessary contact with the formal justice system, and other measures to prevent re-offending, i.E., Diversion programs, rehabilitation, reintegration and after-care services, which shall be further defined in PART IX, PART X and PART XIII of these rules. Intervention can be implemented in different settings, which may include, but not limited to, THE COMMUNITY, THE SCHOOL OR THE YOUTH CARE FACILITY. It shall include PSYCHO- SOCIAL INTERVENTION, which may be delivered through CENTER-BASED OR COMMUNITY- BASED INTERVENTIONS. All interventions shall include intervention undertaken with the FAMILY OF THE CHILD. RULE 22. COMMUNITY-BASED INTERVENTION RULE 22.A. PRIMARY MODE OF INTERVENTION Ø It is hereby made a policy that in preventing juvenile delinquency and addressing the harm done by CICL, community-based programs shall be THE PRIMARY MODE OF INTERVENTION. RULE 22.B. COMMUNITY BASED PROGRAMS IN THE LGU Ø As provided for in section of the act, the community-based programs for juvenile intervention and delinquency prevention shall respond to the special needs, problems, interests and concerns of children, and offer appropriate counseling and guidance to them and their families. All community-based programs to be designed by lgus shall consist of the three levels, as provided under rule 23. IRR RA 10630 RULE 36.C. PETITION FOR INVOLUNTARY COMMITMENT Ø The LSWDO shall determine if the child is dependent, abandoned, neglected or abused by the parents for purposes of filing a petition for involuntary commitment, whenever necessary and appropriate. Ø If the community-based placement of the child shall put the safety of the child in danger, in view of the alleged commission of the offense, the LSWDO Shall encourage the parent or guardian of the child to request for temporary placement of the child with the DSWD 0r licensed and accredited NGOS. Ø In the event that a parent or guardian does not agree with the temporary custody of the child, the LSWDO Shall carefully review the case of the child and file a petition for involuntary commitment when sanctioned by law, in accordance with P.D. 603 And the supreme court rule on the commitment of children. A PETITION FOR INVOLUNTARY COMMITMENT SHALL BE FILED BY THE LSWDO, OR IN HIS OR HER ABSENCE, BY THE DSWD IF: (a) The child in conflict with the law who is at least twelve (12) years old is determined by the LSWDO to be dependent, abandoned, neglected or abused by the parents, and the best interest of the child requires that the child be placed in a youth care facility or “Bahay Pag- asa,” pursuant to section 20 of the act; or (b) The child, who is above twelve (12) years of age up to fifteen (15) years of age, commits a serious crime covered by section 20-A of the act; or (c) The child, who is above twelve (12) years of age up to fifteen (15) years of age, commits an offense for the second time or oftener, and if the best interest of the child requires that the child be placed in a youth care facility or “Bahay Pag-asa,” pursuant to section 20-B. Ø In accordance with existing laws, rules, procedures and guidelines, the LOCAL SOCIAL WELFARE AND DEVELOPMENT OFFICER (LSWDO) of the LGU where the offense was committed; or in the absence of the LSWDO, by the DSWD social worker; shall file the proper petition for involuntary commitment and placement of the CICL under the IJISC, within twenty-four (24) hours from the time of the receipt of a report on the alleged commission of said child. Ø The court, where the petition for involuntary commitment has been filed shall decide on the petition within seventy-two (72) hours from the time the said petition has been filed by the DSWD or the LSWDO. Ø The court will determine the initial period of placement of the child within the IJISC, which shall not be less than one (1) year. Ø The multi-disciplinary team shall develop individual case management plans with offense- specific interventions.  R.A 10630 “Sec. 20-a. Serious crimes committed by children who are exempt from criminal responsibility.” Ø above twelve (12) years of age up to fifteen Ø Where the victim/s were killed or raped (15) years of age (DRIMP) (KRC-D) 1. Parricide 1. kidnapping and serious illegal detention 2. Murder 2. Drug cases (more than 12 yrs imp.) 3. Infanticide 3. Robbery with homi beef 4. destructive arson 4. Carnapping 5. Rape shall be deemed a neglected child and shall be mandatorily placed in intensive juvenile intervention and support center (IJISC) in Bahay Pag-asa RULE 42. MANAGEMENT OF CASES OF CHILDREN WHO COMMITTED AN OFFENSE FOR THE SECOND TIME 22 OR OFTENER UNDER SECTION 20-B RULE 42.A. COMMUNITY-BASED INTENSIVE INTERVENTION PROGRAM Ø A CICL, above 12 years up to 15 years of age and is exempt from criminal liability, who committed an offense for the second time or oftener, and who was previously subjected to a COMMUNITY-BASED INTERVENTION PROGRAM, shall be deemed to be a “NEGLECTED CHILD” under Presidential Decree No. 603, as amended, and shall undergo an INTENSIVE COMMUNITY-BASED INTERVENTION PROGRAM, based on individual case management plans to be supervised by the LOCAL SOCIAL WELFARE AND DEVELOPMENT OFFICER. RULE 42.B. CENTER-BASED INTENSIVE INTERVENTION PROGRAM UNDER THE “BAHAY PAG-ASA” Ø If the best interest and welfare of the CICL requires placement in a YOUTH CARE FACILITY OR “BAHAY PAG-ASA,” the child’s parents or guardians shall execute a written authorization for the voluntary commitment of the child. if the CICL has no parents or guardians or if they refuse or fail to execute the written authorization for voluntary commitment, the proper petition for involuntary commitment shall be immediately filed by the DSWD or the LSWDO pursuant to Presidential Decree No. 603, as amended. Ø The CICL shall undergo a CENTER-BASED INTENSIVE INTERVENTION PROGRAM, based on individualized case management plan to be supervised by the LOCAL SOCIAL WELFARE AND DEVELOPMENT OFFICER. COMPLETION OF THE CENTER-BASED INTERVENTION PROGRAM Ø The court will decide whether the child has successfully completed the center-based intervention program, and whether the child is prepared to be reintegrated with the family or if there is a need for the continuation of the center-based rehabilitation of the child. The court will determine the next period of assessment or hearing on the commitment of the child.  DIVERSION PROCEEDINGS RULE 47. AT THE KATARUNGANG PAMBARANGAY LEVEL RULE 47.A. DIVERSION PRIOR TO ENTRY INTO THE CRIMINAL JUSTICE SYSTEM A child in conflict with law may undergo diversion proceedings outside of the criminal justice system when the case is referred to the Barangay through the Lupong Tagapamayapa. RULE 47.D. DUTY OF PUNONG BARANGAY WHEN THERE IS NO DIVERSION PURSUANT TO SECTION 27 OF THE ACT, THE PUNONG BARANGAY HANDLING THE CASE SHALL, WITHIN THREE (3) DAYS FROM DETERMINATION OF THE ABSENCE OF JURISDICTION OR TERMINATION OF THE DIVERSION PROCEEDINGS AS PROVIDED BELOW, FORWARD THE RECORDS OF THE CASE TO THE: (1) LAW ENFORCEMENT OFFICER OR PROSECUTOR – when the child or the child’s parents or guardian do not consent to a diversion. Upon the issuance of the corresponding document, certifying to the fact that no agreement has been reached by the parties, the case shall be filed according to the regular process. (2) Prosecutor or the court – when the case involves an offense with an imposable penalty of more than six (6) years imprisonment. RULE 48. AT THE LAW ENFORCEMENT LEVEL RULE 48.A. DIVERSION PROCEEDINGS AT THE LAW ENFORCEMENT LEVEL DIVERSION SHALL BE CONDUCTED AT THE L