Presidential Decree 603: Child and Youth Welfare Code PDF

Page 1 of 7 PRESIDENTIAL DECREE 603: CHILD AND YOUTH WELFARE CODE b. His spouse, his parent or parents, his direc...

Page 1 of 7 PRESIDENTIAL DECREE 603: CHILD AND YOUTH WELFARE CODE b. His spouse, his parent or parents, his direct descendants, or the guardian or institution legally in-charge of him if he is a minor Principles: c. The court or proper public of cial whenever absolutely necessary in Child is one of the most important assets of the nation. - effort should be administrative, judicial or other of cial proceedings to determine the exerted to promote his welfare and enhance his opportunities for a useful and identity of the child's parents or other circumstances surrounding his birth happy life d. In case of the person's death, the nearest of kin. Molding of the character of the child starts at the home. - every member of Note: Emancipated means a minor who has been judicially emancipated from the family should strive to make the home a wholesome and harmonious their parents, or has reached the age of majority and is therefore free from the place as its atmosphere and conditions will greatly in uence the child’s custody and control of their parents. development Promotion of Health: It shall be the responsibility of the health, welfare, and Attachment to the home and strong family ties should be encouraged- not to educational entities to assist the parents in looking after the health of the child. the extent of making the home isolated and exclusive and unconcerned with the interests of the community and the country Education: The schools and other entities engaged in non-formal education shall assist the parents in providing the best education for the child. Who is a child? Persons below twenty-one years of age except those emancipated in Social and Emotional Growth: Steps shall be taken to insure the child's healthy accordance with law social and emotional growth. These shall be undertaken by the home in The civil personality of the child shall commence from the time of his collaboration with the schools and other agencies engaged in the promotion of conception, for all purposes favorable to him, subject to the requirements of child welfare. Article 41 of the Civil Code. The abortion of a conceived child, whether such act be intentional or not, Morality: High moral principles should be instilled in the child, particularly in shall be governed by the pertinent provisions of the Revised Penal Code. the home, the school, and the church to which he belongs. In all questions regarding the care, custody, education and property of the child, his welfare shall be the paramount consideration. Spiritual Values: The promotion of the child's spiritual well-being according to The child shall be given adequate care, assistance and guidance through his the precepts of his religion should, as much as possible, be encouraged by the various levels of growth, from infancy to early and later childhood, to puberty State. and adolescence, and when necessary even after he shall have attained age 21 Civic Conscience: The civic conscience of the child shall not be overlooked. He shall be brought up in an atmosphere of universal understanding, tolerance, Birth Records friendship, and helpfulness and in full consciousness of his responsibilities as a General rule: Shall be kept strictly con dential member of society. Exception: Upon request of any of the following: a. Person himself or any person authorized by him fi fi fi fl  Page 2 of 7 Rights of the child (7) Every child has the right to full opportunities for safe and wholesome (1) Every child is endowed with the dignity and worth of a human being from recreation and activities, individual as well as social, for the wholesome use of the moment of his conception, as generally accepted in medical parlance, his leisure hours. and has, therefore, the right to be born well. (8) Every child has the right to protection against exploitation, improper (2) Every child has the right to a wholesome family life that will provide him in uences, hazards, and other conditions or circumstances prejudicial to his with love, care and understanding, guidance and counseling, and moral and physical, mental, emotional, social and moral development. material security. (9) Every child has the right to live in a community and a society that can offer The dependent or abandoned child shall be provided with the nearest him an environment free from pernicious in uences and conducive to the substitute for a home. promotion of his health and the cultivation of his desirable traits and attributes. (3) Every child has the right to a well-rounded development of his personality (10) Every child has the right to the care, assistance, and protection of the State, to the end that he may become a happy, useful and active member of society. particularly when his parents or guardians fail or are unable to provide him with his fundamental needs for growth, development, and improvement. The gifted child shall be given opportunity and encouragement to develop his special talents. (11) Every child has the right to an ef cient and honest government that will deepen his faith in democracy and inspire him with the morality of the The emotionally disturbed or socially maladjusted child shall be treated with constituted authorities both in their public and private lives. sympathy and understanding, and shall be entitled to treatment and competent care. (12) Every child has the right to grow up as a free individual, in an atmosphere of peace, understanding, tolerance, and universal brotherhood, and with the The physically or mentally handicapped child shall be given the treatment, determination to contribute his share in the building of a better world. education and care required by his particular condition. Responsibilities of the Child (4) Every child has the right to a balanced diet, adequate clothing, suf cient (1) Strive to lead an upright and virtuous life in accordance with the tenets of shelter, proper medical attention, and all the basic physical requirements of a his religion, the teachings of his elders and mentors, and the biddings of a healthy and vigorous life. clean conscience; (5) Every child has the right to be brought up in an atmosphere of morality and (2) Love, respect and obey his parents, and cooperate with them in the rectitude for the enrichment and the strengthening of his character. strengthening of the family; (6) Every child has the right to an education commensurate with his abilities and to the development of his skills for the improvement of his capacity for (3) Extend to his brothers and sisters his love, thoughtfulness, and helpfulness, service to himself and to his fellowmen. and endeavor with them to keep the family harmonious and united; fl fi fl fi  Page 3 of 7 (4) Exert his utmost to develop his potentialities for service, particularly by d. Separation of parents- no child under ve years of age shall be separated undergoing a formal education suited to his abilities, in order that he may from his mother unless the court nds compelling reasons to do so. become an asset to himself and to society; (5) Respect not only his elders but also the customs and traditions of our Rights of Parents people, the memory of our heroes, the duly constituted authorities, the laws of (1) The parents shall have the right to the company of their children and, in our country, and the principles and institutions of democracy; relation to all other persons or institutions dealing with the child's (6) Participate actively in civic affairs and in the promotion of the general development, the primary right and obligation to provide for their welfare, always bearing in mind that it is the youth who will eventually be upbringing. called upon to discharge the responsibility of leadership in shaping the nation's (2) Parents shall continue to exercise the rights: (a) support & (b) power to future; and correct them and to punish them moderately (7) Help in the observance of individual human rights, the strengthening of Duties of Parents freedom everywhere, the fostering of cooperation among nations in the pursuit 1. To give him affection, companionship and understanding; of their common aspirations for programs and prosperity, and the furtherance of 2. To extend to him the bene ts of moral guidance, self-discipline and religious world peace. instruction; 3. To supervise his activities, including his recreation; CHAPTER I. Parental Authority 4. To inculcate in him the value of industry, thrift and self-reliance; 5. To stimulate his interest in civic affairs, teach him the duties of citizenship, Joint Parental Authority and develop his commitment to his country; GR: The father and mother shall exercise jointly just and reasonable parental 6. To advise him properly on any matter affecting his development and well- authority over their children. In case of disagreement, father’s decision shall being; prevail unless there is a judicial order to the contrary. 7. To always set a good example; 8. To provide him with adequate support, as de ned in Article 290 of the Civil XPN: Code; and a. Death of either parent- surviving parent shall continue to exercise parental 9. To administer his property, if any, according to his best interests, subject to authority the provisions of Article 320 of the Civil Code. b. Death of parents- Court shall appoint another person as guardian. Note: randparents and in their default, the oldest brother or sister who is at Others: least eighteen years of age, or the relative who has actual custody of the child, Child shall be allowed to participate in the discussion of family affairs shall exercise parental authority in case of absence or death of both parents, specially when it concerns him/her unless a guardian has been appointed in accordance with the succeeding Parents shall endeavor to win the child's con dence and to encourage him to provision. conduct with them on his activities and problems. c. Remarriage of surviving parent-for justi able reasons, Court may apoint The parents shall see to it that the child lives in a safe and wholesome place another guardian. and under responsible adult care and supervision. fi fi fi fi fi fi  Page 4 of 7 Parents shall endeavor to discover the child's talents or aptitudes. If the child 6. Causes, abates, or permits the truancy of the child from the school is specially gifted, his parents shall report it to agencies for assistance or where he is enrolled. "Truancy" as here used means absence without recognition that may be extended to him cause for more than twenty schooldays, not necessarily consecutive. The reading habit should be cultivated in the home 7. It shall be the duty of the teacher in charge to report to the parents the Parents shall encourage the child to associate with other children of his own absences of the child the moment these exceed ve schooldays. age with whom he can develop common interests of useful and salutary 8. Improperly exploits the child by using him, directly or indirectly, such nature. as for purposes of begging and other acts which are inimical to his It shall be their duty to know the child's friends and their activities and to interest and welfare. prevent him from falling into bad company. The child should not be allowed 9. In icts cruel and unusual punishment upon the child or deliberately to stay out late at night to the detriment of his health, studies or morals. subjects him to indignation and other excessive chastisement that Parents shall give the child every opportunity to form or join social, cultural, embarrass or humiliate him. educational, recreational, civic or religious organizations or movements and 10. Causes or encourages the child to lead an immoral or dissolute life. other useful community activities. 11. Permits the child to possess, handle or carry a deadly weapon, Parents shall take special care to prevent the child from becoming addicted to regardless of its ownership. intoxicating drinks, narcotic drugs, smoking, gambling, and other vices or 12. Allows or requires the child to drive without a license or with a harmful practices. license which the parent knows to have been illegally procured. If the The child shall have the right to choose his own career. Parents may advise motor vehicle driven by the child belongs to the parent, it shall be him on this matter but should not impose on him their own choice. presumed that he permitted or ordered the child to drive. Subject to the provisions of the Civil Code, the child shall have the prerogative of choosing his future spouse. Parents should not force or unduly Assistance to Parent in uence him to marry a person he has not freely chosen. Whenever a parent is unreasonably neglectful, he shall be admonished by the DSWD or by local Council for the Protection of Children. Liabilities of Parents When child is found delinquent, father, mother or guardian may be judicially (1) Torts admonished (2) Criminal liability for parent who: Medical and Dental Services 1. Conceals or abandons the child with intent to make such child lose Financial Aid and Social Services to Needy Families his civil status. Assitance to Widowed or Abandoned Parent and Her Minor Dependents 2. Abandons the child under such circumstances as to deprive him of the love, care and protection he needs. Grandparents- they can be consulted on important family questions but they 3. Sells or abandons the child to another person for valuable shall not interfere in the exercise of parental authority by parents consideration. 4. Neglects the child by not giving him the education which the family's Guardian- may be appointed for causes mentioned under Article 328 to 332 of station in life and nancial conditions permit. the Civil Code 5. Fails or refuses, without justi able grounds, to enroll the child as required by Article 72. a. Mother contracts subsequent marriage unless the deceased husband, has expressly provided in his will that his widow might marry again, and has fl fl fi fi fi  Page 5 of 7 ordered that in such case she should keep and exercise parental authority over their children RA 4373: Note: Widowed mother contracted subsequent marriage should again become Social work is the profession which is primarily concerned with organized a widow, social service activity aimed to facilitate and strengthen basic social b. Mother of an illegitimate child marries a man other than its father relationships and the mutual adjustment between individuals and their social c. Penalty of deprivation of parental authority is imposed upon mother or environment for the good of the individual and of society by the use of social father & nal judgment in legal separation proceedings and loss of authority work methods. is declared Social worker" as used in this Act is a practitioner who by accepted academic d. Incapacity or absence of the father or mother, judicially declared and civil training and social work professional experience possesses the skill to interdiction achieve the objectives as de ned and set by the social work profession, e. Parents treat their children with excessive harshness or should give them through the use of the basic methods and techniques of social work (case corrupting orders, counsels, or make them beg or abandon them. the courts work, group work, and community organization) which are designed to may also deprive the parents in whole or in part, of the usufruct over the enable individuals, groups and communities to meet their needs and to solve child's property, or adopt such measures as they may deem advisable in the the problems of adjustment to a hanging pattern of society and, through interest of the child. coordinated action, to improve economic and social conditions, and is connected with an organized social work agency which is supported partially Access to Educational Opportunities or wholly from government or community solicited funds. All parents are required to enroll their children in schools to complete, at Social work agency" is a person, corporation or organization, private or least, an elementary education governmental, that engages mainly and generally, or represents itself to Assistance shall be given engage in social welfare work, whether case work, group work, or Nursery Schools community work, and obtains its nances, either totally or in part, from any Special Classes- for physically handicapped, mentally retarded, emotionally agency or instrumentality of the government and/or from the community by disturbed, specially gifted direct or indirect solicitations and/or fund drives, and/or private endowment. There shall be playground, space and facilities for sports and physical RA 5416 development activities Name and Composition of the Board Within Sixty Days After the Approval of Home and School This Act Home shall fully support the school in the implementation of the program there shall be created a Board of Examiners for Social Workers hereinafter to There shall be parent-teacher associations- shall aid the municipal and other be referred to as the Board, composed of a Chairman and four members who local authorities and school of cials in the enforcement of juvenile shall be appointed by the President of the Philippines with the consent of the delinquency control measures, and in the implementation of programs and Commission on Appointments from among social workers of recognized activities to promote child welfare. standing in the Philippines, and who, at the time of their appointment shall: a. Be a citizen and resident of the Philippines; Child and Youth Welfare and the Church b. Be at least thirty years of age and of good moral character; They may establish schools and offer religious instructions. Parents shall c. Possess a Master’s Degree in Social Work (M.S.S.W., M.S.S., M.A.S.W., or its encourage their children to heed to the teachings of their Church and to equivalent) conferred by a reputable school, college or university duly perform their religious duties. fi fi fi fi  Page 6 of 7 recognized by the government and also by a duly accredited school, college or Vocational Rehabilitation, Bureau of Field Services and Bureau of Training university abroad. Research and Special Projects. d. Have had at least ve years of practice in a social work agency in the case of a holder of Bachelor’s Degree in Social Work or its equivalent, or at least two (a) Bureau of Family Welfare.—The Bureau of Family Welfare shall have, years of social work practice in the case of a holder of a Master’s Degree in among others, the following functions: Social Work or its equivalent, after receiving the respective degree. e. Be a registered social worker duly quali ed to practice social work under To formulate, administer, develop and implement social welfare services this Act: Provided, However, That this quali cation shall not be required of the which will promote the social adjustment of families, prevent family rst appointees to the Board under this Act, and; disorganization, and social consciousness and civic responsibility.Such f. Not be a member of the faculty of any school, college or university at the services shall include among others family life education time of appointment; nor during the year immediately preceding the programs,establishment of family welfare centers and extension youth appointment to be a member of the Board conferring the Bachelor’s and/or centers,of groups for self-help,group work and street-corner gang work with Master’s degree in social work, or shall have any direct or indirect pecuniary out-of- school youth, pre vocational and work training,income-producing interest in such institution. projects and employment referral services for handicapped adults and youth, Term of Of ce.— The members of the Board shall hold of ce for a term of programs for pre-school children of working mothers. three years or until their successors shall have been appointed and duly quali ed To formulate, administer, develop and implement family welfare programs to meet such problems of individuals and families arising from the lack or loss Quali cation of Applicants.— In order to be admitted to take the social work of income or disturbances in family relationship; and to perform such other examination, an applicant must, at the time of ling his or her application functions as the Secretary may direct: Provided,That such functions shall not therefore, establish to the satisfaction of the Board that: duplicate those presently performed by other departments or other ”(a) He or she is a citizen of the Philippines; government agencies or instrumentalities. "(b) He or she is at least twenty-one years of age; "(c) He or she is in good health and is of good moral character; (b) Bureau of Child and Youth Welfare.—The Bureau of Child and Youth Welfare "(d) He or she has received a diploma as holder of a bachelor’s degree or shall have, among others, the following functions:To formulate, administer, master’s degree or its equivalent in social work from an institution, college or develop and implement programs for the care, protection, training and university duly accredited and legally constituted: Provided, That the provisions rehabilitation of children and youth such as the abused, abandoned, neglected, of Republic Act Numbered Twenty-two hundred and sixty insofar as cultural handicapped and delinquent with emphasis on their preparation for minorities are concerned be applied; and participation in economically productive activities, initiate demonstration and "(e) He or she has completed a minimum period of one thousand case hours of experimental projects and administer them for the exploration of improved practical training in an established social work agency under the direct techniques of social work with the young adapted to local problems, situations, supervision of a fully trained and quali ed social worker." and culture; and toperform such other related functions as the Secretary may Bureaus under the Department direct. The Department shall have executive control and administrative supervision over the Bureau of Family Welfare, Bureau Child and Youth Welfare, Bureau of (c) Bureau, of Vocational Rehabilitation.—The Bureau of Vocational Rehabilitation shall have, among others, the following functions: fi fi fi fi fi fi fi fi fi fi  Page 7 of 7 (e) Bureau of Training, Research and Special Projects.—The Bureau of To formulate,administer, develop and implement programs of vocational Training,Research and Special Projects shall have, among others, the following rehabilitation and related services to disabled and physically handicapped functions: persons and individuals with special need, and services including among others social adjustment services, medical services, pre-vocational To formulate, develop and implement programs of research, training and assessment and guidance services; vocational training,selective placement special projects; and to perform other functions as the Secretary may and employment exchange services and sheltered workshop operations with direct.The special projects will include the Central Institute for Training and adequate revolving funds;administer national program of vocational Relocation of Urban Squatters (CITRUS) ; disaster and emergency relief rehabilitation centers and facilities to meet the needs of disabled and services and such other new program which may be developed and assigned physically handicapped persons and individual special needs including to it by Congress. negative Hansenites, released prisoners, alcoholics and drug addicts; initiate and develop vocational rehabilitation programs in rehabilitation training centers; and to perform such other related functions as the Secretary may Bene ts under Magna Carta for Public Social Workers direct: Provided, That vocational rehabilitation sheltered workshop shall be 1. Overtime Pay established each congressional district, the location of which shall be chosen 2. Leave Bene ts by the Secretary of Social Welfare, upon commendation of the Director of 3. Highest Basic Salary Upon Retirement Vocational Rehabilitation. 4. Hazard Allowance 5. Subsistence/Transportation Allowance (d) Bureau of Field Services:—The Bureau of Field Services shall have, among 6. Housing and Living Quarters Allowance others, the following functions: 7. Longevity Pay To administer, operate, direct, supervise, and coordinate all welfare functions 8. Clothing Allowance of the regional of ces subject to direct authority from the Undersecretary for Operation and Administration; execute and implement approved policies, regulations, and work plans and render administrative decisions on these matters within limits of delegated authority; and maintain cooperative and harmonious relationship with other entities and agencies, public and private; local, national or international, in the promotion of economic and social development and welfare of the nation. There shall be regional of ces which shall carry out the functions thru the provincial, city and municipal branch of ces all to be located in the same provinces, cities or municipalities as presently xed by law for similar of ces under the Social Welfare Administration. fi fi fi fi fi fi fi