Juvenile Delinquency & Juvenile Justice System Comprehensive Reviewer PDF

Juvenile Delinquency and Juvenile Justice System Comprehensive Reviewer Child – A person who is below eighteen (18) years of age. Age of Majority – It commences at the age of eighteen (18) years, as amended by RA 6809 or an Act lowering the age of majority from twenty-one to eighteen years, amending for the purpose of Executive Order 209 and for other purposes. This was approved on December 13, 1989. Filipino Child Under PD 603 – a minor or youth; any person below 18 years old; a boy or a girl at any age between infancy and adolescence; however, this includes infants and even unborn children. Filipino Child Under RA 7610 – A 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; Dependent Child – A person who is without a parent, guardian or custodian, or whose parents, guardian or custodian for good cause desires to be relieved of his care and custody, and is dependent upon the public for support. Abandoned Child – A person who has no proper parental care or guardianship, or whose parents or guardian has deserted him for a period of at least six (6) months. - RA 9523 states that the period is 3 months Neglected Child – A person whose basic needs have been deliberately unattended to or inadequately attended to, physically or emotionally, his parents or guardians. Types of Neglect: Physical Neglect – It occurs when a child is malnourished,ill clad and without proper shelter. Emotional Neglect – It occurs when a child is raped, seduced, maltreated, exploited, overworked or made to work under streets or public places, or when placed in moral danger,or exposed to drugs,alcohol, gambling,prostitution and other vices. Disabled Child – It includes mentally retarded, physically handicapped, emotionally disturbed, and mentally ill children, children with cerebral palsy, and those afflicted with similar afflictions. Mentally Retarded Child – A person who is: Socially incompetent, that is, socially inadequate, occupationally incompetent and unable to manage his own affairs. Mentally subnormal. Intellectually retarded from or early age. Retarded at maturity. Mentally deficient as a result of constitutional origin through heredity or diseases. Essentially incurable. Physically Handicapped Child – A person who is crippled, deaf-mute, or otherwise, suffers from a defect which restricts his means of action or communication with others. Emotionally Disturbed Child – A person who, although not afflicted with insanity or mental defects, is unable to maintain normal social relations with others and the community in general due to emotional problems or complexes. Mentally Ill Child – A person who has a behavioral disorder, whether functional or organic, that is of such a degree of severity as to require professional help or hospitalization. Commitment or Surrender of a Child – It is the legal act of entrusting a child to the care of the Department or any duly licensed child placement or child caring agency or individual by the court, a parent, or a guardian. Involuntary Committed Child – A person whose parents have been permanently and judicially deprived of parental authority due to abandonment; substantial, continuous, or repeated neglect; abuse, or incompetence to discharge parental responsibility. Voluntary Committed Child – A person whose parents knowingly and willingly relinquished parental authority to the Department or any duly licensed child-placement or child caring agency or individual. Child-Placing or Child Placement Agency – It refers to a private nonprofit institution or government agency duly licensed and accredited by the department to provide comprehensive child welfare services, including but not limited to receiving applications for adoption or foster care, evaluating the prospective adoptive or foster parents, and preparing the home study report. Child-Caring Agency – It refers to a private nonprofit institution or government agency duly licensed and accredited by the department that provides twenty-four hours residential care services for abandoned, orphaned, neglected,involuntary or voluntary committed children. Guardian Ad Litem – A person appointed by the court where the case is pending for a child seeking to be committed to protect his best interests. 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. Age of Criminal Responsibility – It is the age at which a child who is above fifteen (15) but below eighteen (18) years of age commits an offense with discernment. Child at Risk – Refers to a child who is vulnerable to and at risk of committing criminal offenses because of personal, family, and social circumstances. Discernment – It refers to the mental capacity to understand the difference between right and wrong and its consequences. Restorative Justice – It is the principle that requires a process of resolving conflicts with the maximum involvement of the victim, the offender, and the community. Youth Detention Center – It refers to a government-owned or operated agency providing rehabilitation facilities where the child in conflict with the law may be physically restricted pending court disposition of the charge against him. Juvenile – He is 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. - These are young people regarded as immature or one whose mental as well as emotional faculties are not fully developed, thus, making them incapable of taking full responsibility for their actions. - He is a person subject to juvenile court proceedings because statutorily define the event or condition caused by or affecting that person was alleged to have occurred while his or her age was below the statutorily specified age limit or original description of juvenile. Delinquency – refers to the failure to perform an act required by law, or the non-performance of a duty or obligation that is mandated by an existing law or rule. - Delinquency refers to any action; course or conduct that deviates from acts approved by the majority of people. - It refers to the disapproved behavior. - It is a description of acts that do not conform to the accepted rules, norms and mores of the society. - It refers to any misconduct or misbehavior that is tantamount to a felony or an offense. - Delinquency is distinct from crime in the sense that the former may be in the form of violation of a law, ordinance, or rule but it is punishable only by a small fine ora short-term imprisonment or both. Types of Delinquency: Environmental – This is characterized by occasionally infringing norms. Emotionally Maladjusted – This is characterized by constantly deviating from the normal pattern of rules and regulations, which becomes a habit. Psychiatric – This is characterized by serious mental and emotional disorders, which cause an individual to commit wrongful acts. Approaches in the Study of Delinquency: Biogenic – It believes that the person breaks the law as a result of faulty biology. Sociogenic – As the Dean of Modern Criminology, Edwin Sutherland advocated in his Differential Association Theory, which states that, “Criminal Behavior is learned and not inherited". This approach believes that delinquency is learned in the environment. Psychogenic – It believes that the offender's personality problems are the factors for doing wrongful acts. Contemporary Approach – It is the combination of the above approaches to explain reasons or causes of the commission of delinquency. Juvenile Delinquency – It is used to describe a large number of disapproved behaviors of children or youths. In this sense, anything that the youth does that others do not like is called Juvenile Delinquency. - It refers to any action or conduct of children or youth that are not conventional or not normally accepted by the people - It is likewise referring to any misbehavior or deviant behavior committed by children such as those minor offenses or misdemeanors, or those acts defined by juvenile codes or laws. - Children’s offenses typically include delinquent acts which would be considered as an offense if committed by adults. - It refers to antisocial acts or behavior of children which deviate from the normal pattern of rules and regulations, custom and culture which society does not accept and which therefore justify some kind of admonition, punishment or corrective measures in the public interest. - It refers to any action or conduct of children or youth that are not conventional or not normally accepted by the people. Delinquent – He is one whose behavior has brought him into repeated conflict with the law, regardless of whether he has been taken before a court and adjudged as delinquent. Juvenile Delinquents – It may be grouped in three ways: 1. children aging below 7 years 2. children aging from 7 to 12 years – juveniles who have doli incapax (not capable of having criminal intent) 3. Youths aging above 12 but below 18 years old Youthful Offender – It refers to a child, minor, or youth, including one who is emancipated in accordance with law, who is over nine (9) years of age but under 18 years of age at the time of the commission of an offense. - Article 192 of Presidential Decree Nr. 603 (The Child and Youth Welfare Code of the Philippines). Status Offenses – These are certain acts or omissions that may not be punishable if committed by adults, but become illegal only because the person is underage and the act was committed primarily by children, minors, juveniles, youthful offenders, or other persons in need of supervision or assistance. Examples of Status Offenses: sexual misconduct or immoral conduct use of profane language running away from home smoking, drinking, or use of prohibited substances disobedience to parents or school officials association with criminals or delinquent friends repeated disregard for misuse of lawful parental authority. Parens Patriae – It simply states that the state has the right to benevolently intervene in the care and custody of the child. - Simply, the state shall become the parents of the child. Factors and Causes of Delinquency: Psychological, behavioral, and mental characteristics. Several individual-specific characteristics are linked to delinquency. Tremblay and LeMarquand (2001:141) remarked that “the best social behavior characteristic to predict delinquent behavior before age 13 appears to be aggression.” In addition, Hawkins and colleagues (1998:113) reviewed several studies and reported “a positive relationship between hyperactivity, concentration or attention problems, impulsivity and risk taking and later violent behavior.” Low verbal IQ and delayed language development have both been linked to delinquency. Family characteristics such as poor parenting skills, family size, home discord, child maltreatment, and antisocial parents are risk factors linked to juvenile delinquency (Derzon and Lipsey, 2000; Wasserman and Seracini, 2001). McCord’s (1979) study of 250 boys found that among boys at age 10, the strongest predictors of later convictions for violent offenses (up to age 45) were poor parental supervision, parental conflict, and parental aggression, including harsh, punitive discipline. Some research has linked being raised in a single-parent family with increased delinquency (McCord, Widom, and Crowell, 2001); Home and Family Conditions: Family – it is considered as the first and basic unit of society. Factors in the home life that may cause delinquency: 1. Incompleteness in terms of parental guidance, leniency by either or both parents and broken homes. 2. Cultural and moral non-conformity in terms of religious beliefs, cultural practices and standard of ethics and value which lead to the faulty development of the child. 3. Economic insecurity, wherein it is incapable to provide for its members’ necessity due to poverty. Similarly, problems at school can lead to delinquency. Herrenkohl and colleagues (2001:223) noted that “children with low academic performance, low commitment to school, and low educational aspirations during the elementary and middle school grades are at higher risk for child delinquency than are other children.” School – It is considered as the child’s second home, with teachers as the second parents. Instances where the school contributes to the child’s wrongful acts: Failure of teachers to detect and address problems of children and report such problems to the parents; Failure of teachers in character development of the students; Failure of the teachers to motivate or inspire students to study harder; Failure of the school to provide facilities for curricular and extra-curricular activities; and Failure of the school to set high standard of academic atmosphere. Several studies have found a consistent relationship between involvement in a delinquent peer group and delinquent behavior. Lipsey and Derzon (1998) noted that for youth ages 12-14, a key predictor variable for delinquency is the presence of antisocial peers. According to McCord and colleagues (2001:80), “Factors such as peer delinquent behavior, peer approval of delinquent behavior, attachment or allegiance to peers, time spent with peers, and peer pressure for deviance have all been associated with adolescent antisocial behavior.” Companionship and Gangs Juvenile Gang – is a self-formed association of peers bound together by mutual interest, with identifiable leadership, well-developed lines of authority, and other organizational features, who act in concert to achieve a specific purpose which generally to include the conduct of illegal activity and control over a particular territory, facility or type of enterprise. Examples of delinquent acts due to companionship and gangs: Disobedience to parents, guardians or school officials; Use of profane language; Running away from home; Truancy, or frequent, unreasonable, absenteeism from school; and Smoking and drinking alcoholic beverages. The environment in which youth are reared can influence the likelihood of delinquency. Existing research points to a powerful connection between residing in an adverse environment and participating in criminal acts (McCord, Widom, and Crowell, 2001). Sociological theories of deviance hypothesize that “disorganized neighborhoods have weak social control networks; that weak social control, resulting from isolation among residents and high residential turnover, allows criminal activity to go unmonitored” (Herrenkohl et al., 2001:221). Although researchers debate the interaction between environmental and personal factors, most agree that “living in a neighborhood where there are high levels of poverty and crime increases the risk of involvement in serious crime for all children growing up there” (McCord, Widom, and Crowell, 2001:89). Environment Behavior modification by means of imitation as brought about by environmental influence: Association with criminal groups or gangs; Vices such as gambling and drinking alcoholic beverages; Rampant drug addiction; and Too much exposure to sex and violence. Etiology of Delinquency: Etiology of delinquency is the study on the causes of delinquency. It seeks to answer the following question ○ Why do crime and delinquency occur in our society? ○ What are the roots of this social problem? This topic focuses on the various explanations and theories of juvenile delinquency. If we attempt to study the roots or causes of delinquency, we must have to deal with theories. The following are the early general theories on the causes of delinquency: Freudian Psychoanalytical Theory – It focuses on abnormalities or disturbances in the individual’s emotional development from early childhood. - Crime, according to Freud, is a symbolic expression of inner tension that each person has but fails to control. - It is an out expression of having learned self-control improperly. The Low IQ Theory – Wilson and Hernstein suggested that low IQ is associated with one’s inability to reason morally, reestablishing the notion that it represents not only a cognitive but also a moral backwardness. - Accordingly, the theory believes that the higher the IQ scores, the lower the probability that the adolescent will commit delinquent acts. Attention Deficient Hyperactivity Theory – Immaturity and hyperactivity cause Juvenile Delinquency. - Grade schools usually experience attention deficit hyperactivity disorder, which is characterized by: a. Short attention span b. Daydreaming c. Sluggishness d. Preoccupation e. Impulsiveness Frustration-Aggression Theory – People who are frustrated will act aggressively and people who engage in aggression are frustrated first. - Aggression – a behavior whose goal is to inflict damage or injury on some object or person and it maybe: ○ Overt – physical or verbal. ○ Covert – like wishing someone is dead. - Frustration – a behavior directed at anticipated goals or expectations or a person must have expecting the attainment of a goal or achievement in order to be frustrated. - Frustration develops when a person experiences the blocking of some goal. It involves hopes and unfulfilled expectations; it is not a feeling or emotion but a failure of objectives or goals. - Frustration leads to anger, which makes aggression more likely to happen, and when aggression is induced by violent anger, the person who is provoked may either use words or weapons. Sociological Theories – There are four reasons why sociological theories are distinct and prominent explanation of crimes and delinquency than the biological and psychological theories: 1. The new sociological theories blame delinquency on social and environmental circumstances. 2. Social institution was believed to be plaque by disintegration and disorganization. 3. Some observers assumed that disintegration and disorganization made individuals more likely to engage in delinquency. 4. The prevailing opinion was that the lower class was responsible for the majority of delinquency. Gang Theory – It was advocated by Frederick Thrasher. - A gang is a band of people going about together or working especially for some criminal purposes. Delinquency develop through the following: Gangs originated as playgroups. Playgroups are transformed into gangs. Competition for turf leads to gang conflict. Delinquent gangs may have complex social structure as any other social group. Differential Association Theory – it was advocated by Edwin Sutherland. - He stated that criminal behavior is learned through social interactions. - Criminal behavior is learned. - Criminal behavior is learned in interaction with other persons in a process of communication. - The principal part of the learning of criminal behavior occurs within intimate personal groups. - Differential associations may vary in frequency, duration, priority, and intensity. - The process of learning criminal behavior by association with criminal and anti-criminal patterns involves all the mechanism that is involved in any other learning. - It is a process theory because it details the experiences a person must go through in order to become a delinquent. Ecological Theory – It was then advocated by Clifford Shaw and Henry McKay. - They believed that juvenile delinquency could be understood only by considering the social context in which youth lived–context that itself was a product of major societal transformation brought by: Occurrence of rapid social change procedure by industrialization, urbanization and immigration. Rapid social changes produces dilapidated area. Dilapidated area creates social disorganization. Social disorganization allows culture conflict to arise. Cultural conflict allows crime and delinquency to flourish. Delinquent behaviors result allowed to flourish delinquency become a full time job or career. Social-Psychological Approach – It emphasizes the cause of delinquency by imitation. Imitation – refers to the engagement in behavior after the observation of similar behavior in others. Strain Theory – It was advocated by Robert Merton. - It emphasizes the predominance of crime and delinquency among the lower class and minority populations, the most deprived of legitimate opportunities. - According to Merton, society has cultural goals that are generally regarded as worth striving for. Institutionalized means or approved ways of reaching these goals. The Major Points of the Theory: Most members of the society share a common system of values. This common value system teaches us both the things we should strive for (cultural goals) and the most appropriate ways (societal means) to achieve those goals. If the goals and the means to achieve them are not equally stressed, an anomie condition is created. Adaptations to Frustration American Dream Legal Means Conformity + + Innovation + - (deviant/innovative) (negative ways) Ritualism - + Retreatism - - Rebellion ± ± Albert Cohen’s Theory – Cohen noted that delinquent behavior was most often found among lower class males and that gang delinquency was the most common form. - He declared that all children seek social status. Travis Hirschi’s Theory – He presented the most recent, and most popular version of social control theory. - He synthesized and elaborated on the work of other social control theories, provided a clearer picture of what was meant by a social bond. - He mentioned four ties to society: Attachment – it is an emotional element. It refers to the extent that a person cares about other people via norms and conscience. - The strength of the attachments or ties one has to significant other or to institutions can inhibit deviance. Commitment – it is a more rational quality, referring to the degree of one’s investment in conventional activities. - It represents the investment one has already built up in conventional society. Involvement – it refers to the time spent in conventional activities; if these occupy a youngster’s entire day, delinquent incidents cannot take place. - Suggest that youths are so involved in conventional behavior that they don’t have time for delinquent behavior. Belief – people who think it is wrong to violate a particular law will probably not violate it. - It constitutes the acknowledgement of society’s rules as being fair. - That is, one has a respect for those rules and norms and feels a moral obligation to obey them. Hirshi’s Social Control Theory: Attachment – sensitivity to and interest in others. Commitment – time, energy, and effort spent in conventional activities. Belief – morals, values, belief in the law. Involvement – participation in conventional activities. Neutralization Theory – It was advocated by Gresham Sykes and David Matza. - Matza proposed that one becomes free from delinquent acts through the use of techniques of neutralization. - These techniques allow individuals to neutralize and temporarily suspend their commitment to social values, thus, providing the freedom to commit delinquent acts. - Matza believes delinquents develop techniques of neutralization. - These techniques are rationalization ways to justify their behavior. - These techniques are justifications and excuses for committing delinquent acts, which are essentially inappropriate extensions of commonly accepted rationalizations found in the general culture. Matza Distinguished Five Major Techniques of Neutralization: Denial of Responsibility – juveniles may deny being responsible for the illegal act. Denial of Injury – delinquents believe that even though what they have done was illegal, it was not immoral. Therefore, no one was really hurt by the act anyway. Denial of Victim – juveniles may deny the seriousness of the action by claiming that what they did was right under the circumstances. Condemnation of the Condemners – youths may shift their own illegal behavior to the behavior of others. Appeal to Higher Authority – sometimes adolescents may justify illegal behavior by claiming that they committed the act for someone else, such as the gang, the peer group and others. Labeling Theories – it focuses on the informal and formal applications of stigmatizing, deviant labels or tags by society on some of its members. - Calling a child a delinquent makes it much more likely that he or she will accept the description and live up to it. - According to Tannenbaum, name calling, and stereotyping lead a child to isolate himself or herself from the rest of the community and to associate with the other youths who have been tagged with the same level. Identify and Compare Models of Juvenile Justice System Of all the social institutions that influence the adolescent, none is more critical than the family. It is within the context of the family that the foundation for the rest of life is built. The family is responsible for the first stage of development of values, personality and self-concept. Parents become critical role models for their children, and children often begin to see the world through the eyes of their parents. Family Models: The Corporate Model ○ Father is the Chief Executive Officer. ○ Mom, the operating officer who implements Dad’s policy and manages the Staff (children), who in turn have privileges and responsibilities based on their seniority. The Team Model ○ Dad is the head coach; mom is the chief of the training table and head cheerleader. ○ The children, suffering frequent performance anxiety, play by the rules and stay in shape with conformity calisthenics. ○ In the team family, competition is the name of the game and winning is everything. The Military Model ○ Dad’s the general. Mom always on guard duty with a special assignment to the nurse corps when needed. Rank justifies arbitrary behavior. Sympathy is for softies. ○ Discipline is all. Unruly children are sent to the stockade. Insubordinate wives risk dishonorable discharge. ○ Punishment is swift and sadism is called character building. The Boarding School Model ○ Dad, the rector, or headmaster, is in charge of training strong minds and bodies. ○ Mom, the dorm counselor, oversees the realm and emotion, illness, good works, and bedwetting. ○ The children are dutiful students. ○ The parents of course, have nothing left to learn, theirs is but to teach and test. The Theatrical Model ○ Dad, the producer, also plays the role of the Father. ○ Mom, the stage manager, doubles in part of Mother. ○ Children, the stagehands, also act the roles of girls and boys. Parental Authority (Patria Potestas) – It is the sum total of the right of parents over the persons and property of their children. Children shall always observe respect and reverence towards their parents and are obliged to obey them as long as the children are under parental authority. The Legal Parameters of the Juvenile Justice System: Presidential Decree 603 Child and Youth Welfare Code of the Philippines The Child Declaration of Policy (Article 1) The Child is one of the most important assets of the nation. Every effort should be exerted to promote his welfare and enhance his opportunities for a useful and happy life. The child is not a mere creature of the State. Hence, his individual traits and aptitudes should be cultivated to the utmost insofar as they do not conflict with the general welfare. The molding of the character of the child starts at the home. Consequently, every member of the family should strive to make the home a wholesome and harmonious place as its atmosphere and conditions will greatly influence the child's development. Attachment to the home and strong family ties should be encouraged but not to the extent of making the home isolated and exclusive and unconcerned with the interests of the community and the country. The natural right and duty of parents in the rearing of the child for civic efficiency should receive the aid and support of the government. Other institutions, like the school, the church, the guild, and the community in general, should assist the home and the State in the endeavor to prepare the child for the responsibilities of adulthood. Rights of the Child 1. Every child is endowed with the dignity and worth of a human being from the moment of his conception, as generally accepted in medical parlance, and has, therefore, the right to be born well. 2. Right to a wholesome family life that will provide him with love, care and understanding, guidance and counseling, and moral and material security. 3. Right to a well-rounded development of his personality to the end that he may become a happy, useful and active member of society. 4. Right to a balanced diet, adequate clothing, sufficient shelter, proper medical attention, and all the basic physical requirements of a healthy and vigorous life. 5. Right to be brought up in an atmosphere of morality and rectitude for the enrichment and the strengthening of his character. 6. Right to an education commensurate with his abilities and to the development of his skills for the improvement of his capacity for service to himself and to his fellowmen. 7. Right to full opportunities for safe and wholesome recreation and activities, individual as well as social, for the wholesome use of his leisure hours. 8. Right to protection against exploitation, improper influences, hazards, and other conditions or circumstances prejudicial to his physical, mental, emotional, social and moral development. 9. Right to live in a community and a society that can offer him an environment free from pernicious influences and conducive to the promotion of his health and the cultivation of his desirable traits and attributes. 10. Right to the care, assistance, and protection of the State, particularly when his parents or guardians fail or are unable to provide him with his fundamental needs for growth, development, and improvement. 11. Right to an efficient and honest government that will deepen his faith in democracy and inspire him with the morality of the constituted authorities both in their public and private lives. 12. Right to grow up as a free individual, in an atmosphere of peace, understanding, tolerance, and universal brotherhood, and with the determination to contribute his share in the building of a better world. The Parent Duties of Parents (Article 46) To give him affection, companionship and understanding; To extend to him the benefits of moral guidance, self-discipline and religious instruction; To supervise his activities, including his recreation; To inculcate in him the value of industry, thrift and self-reliance; To stimulate his interest in civic affairs, teach him the duties of citizenship, and develop his commitment to his country; To advise him properly on any matter affecting his development and well-being; To always set a good example; To provide him with adequate support. To administer his property, if any, according to his best interests. Parental Authority Title IX, Civil Code of the Philippines Concept of Parental Authority Parental Authority (patria potestas) – is defined by Manresa as “the mass of rights and obligations which parents have in relation to the person and the property of their children until their emancipation, and even after this certain circumstances”. Purpose of Parental Authority: According to the Supreme Court in Reyes v. Alvarez, 8 Phil. 723, “parental authority” has for its purpose not only the sound physical development of the children, but also the cultivation of their intellectual perception and the nourishment of their appetitive and sensitive faculties”. Characteristics of Parental Authority: 1. It is a natural right and duty of the parents (Art. 209, Family Code). 2. It cannot be renounced, transferred or waived except in the cases authorized by law. (Art 210, id.) 3. It is jointly exercised by the father and the mother (Art. 211, id.) 4. It is purely personal and cannot be exercised through agents. 5. It is temporary and will end when the child is emancipated or can otherwise take care of himself and his property, or the parent is unable to properly exercises the authority. Art 209. Pursuant to the natural right and duty of the parents over the person and the property of their unemancipated children, parental authority and responsibility shall include the caring for and rearing of such children for civic consciousness and efficiency and the development of their moral, mental and physical character and well-being. Republic Act 7610 – Republic Act 7610 otherwise known as Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act was approved on June 17, 1992. - A child refers to a person below eighteen (18) years of age or one over said age and who, upon evaluation of a qualified physician, psychologist or psychiatrist, is found to be incapable of taking care of himself fully because of a physical or mental disability or condition or of protecting himself from abuse. Child Abuse – is an act of deliberately inflicting physical injuries upon a child. - Unreasonable deprivation of child’s basic needs, e.g., food, shelter or both that could result to serious impairment of his/her growth/development, incapacity or death. - Any act which debases or demeans the intrinsic dignity of the child as human being is also considered as an abuse. Types of Child Abuse: Physical Abuse/Maltreatment – Any act which results in non-accidental physical injury and/or unreasonable infliction of physical injury to a child. - Which includes but is not limited to lacerations, fractures, severe beatings, slap with full hands, kicking, inflicting burns, suffocating, pinching, punching, shaking, hanging and other similar acts. - Also known as child battering. Psychological Abuse – any harm to child’s emotional or intellectual functioning, which includes but not limited to cursing, belittling, rejecting, using degrading words and other similar acts. Child Neglect – any unreasonable deprivation of child’s basic needs such as food, clothing, shelter, education, medical and general care and supervision by parents, guardians or custodians and when they are forced to assume duties that are not appropriate to their age and physique. Sexual Abuse – is the involvement of the child in sexual activity with an adult or any person older or bigger in which for gratification of older person’s needs or desires are achieved. - It also includes the employment, use, persuasion, inducement, enticement, or coercion of a child to engage in or assist another person to engage in sexual intercourse or lascivious conduct or the molestation or incest with children. Sexual Exploitation – act involving children whether male or female, who for money, profit or any other consideration or due to coercion or influence by an adult, syndicate or group, to indulge in sexual intercourse or lascivious conduct. - It includes hiring, persuasion, inducement or coercion of a child to perform obscene exhibitions and indecent shows, whether live or in video, or to pose or act as a model in obscene publications or pornographic materials or to sell or distribute the said materials. Child Labor Exploitation – the act of employing, permitting or allowing children below 15 years of age to suffer to work in any public or private establishment where they are not directly under the supervision of their parents, guardian or the latter employ other workers apart from their children. - Examples of which are minors employed in hazardous occupations like drivers, charcoal burners, stone splitters, operators of farm machines and equipment, work in slaughterhouses, dockworks, lifting, handling and carrying heavy loads as enumerated in DOLE Department Order No. 4. Child Trafficking – the act of engaging in trading and dealing with children including, but not limited to, the act of buying and selling of a child for money, or for any other consideration, or barter. Child Abuser – a child abuser is any person regardless of age, sex, race, creed or color who deliberately commits or perpetuates any acts defined as constituting child abuse. - A child abuser is usually a person known or trusted by the child–can be a family member, a relative, neighbor, friend, teacher, babysitter or childcare giver. - He or she may also be a stranger to the child. - Study shows that most child abusers have been victim of child abuse. Types of Abuser: Parentally Incompetent Abuser – the practice of discipling their children is the same way they are disciplined. But as the norms that govern the child rearing is changed, so have the norms about what constitute acceptable discipline. Situational Abuser – some parents only abuse their children when they are confronted with a particular situation. They are non-abusive but “fly off the handle” when some particular circumstance develop. Accidental Abuser – exercise poor judgement in their parenting decisions. Poor judgement results in child abuse. Sub-cultural Abuser – a group of people who share a number of values, norms and attitudes in common. In some subculture, the members believe that committing violence against children has an inherent positive value. Punishing sons to make them good Christians. Self-identified Abuser – some parents know they are abusive. They know that if their child rearing practices were known to the authorities, they would be censured. “Placing high expectations on the child and punishing him if he fails”. Republic Act 7658 – Known as an Act Prohibiting the Employment of Children below 15 years of age in Public and Private Undertakings. - This law was approved on November 9, 1993 and took effect on November 24, 1993. This law specifically amended Section 12, Article VIII of RA 7610. - Children below fifteen (15) years of age shall not be employed except: a. When a child works directly under the sole responsibility of his parents or legal custodian and where only members of the employer’s family are employed. Provided however, that his employment neither endangers his life, safety, health and morals, nor impair his moral development. The parent or legal guardian shall provide that said child with the prescribed primary and/or secondary education. b. Where a child’s employment or participation in public entertainment or information through cinema, theater, radio or television is essential but the employment contract is concluded by the child’s parent or legal guardian, with the express agreement of the child concerned, and if possible the approval of Department of Labor and Employment (DOLE). Republic Act 8369 – known as the Family Court Act of 1997. - This is an Act establishing Family Courts, granting them exclusive original jurisdiction over child and family cases. Appeals: Decisions and orders of the courts shall be appealed in the same manner and subject to the same conditions as appeals from the ordinary Regional Trial Courts. Absence of Family Courts: The court that shall hear and decide cases falling under the jurisdiction of Family Courts in those places where the said court has not been established is the Regional Trial Court of the place where the case is pending. Republic Act 9262 – An Act Defining Violence Against Women and their Children, Providing for Protective Measures for Victims, Prescribing Penalties Therefore, and for other Purposes R.A. No. 9344 – Juvenile Justice Welfare Act of 2006. - It became effective on May 20, 2006. - Its Implementing Rules and Regulations (IRR) was enacted on September 19, 2006. Republic Act No. 9344 as amended by Republic Act No. 10630 RA 9344 – Also known as the “Juvenile Justice and Welfare Act of 2006” - It covers the different stages involving children at risk and children in conflict with law from prevention to rehabilitation and reintegration. R.A. 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 October 3, 2013 SEC. 4. Definition of Terms. - The following terms as used in this Act shall be defined as follows: (a) "Bail" refers to the security given for the release of the person in custody of the law, furnished by him/her or a bondsman, to guarantee his/her appearance before any court. Bail may be given in the form of corporate security, property bond, cash deposit, or recognizance. (b) "Best Interest of the Child" refers to the totality of the circumstances and conditions which are most congenial to the survival, protection and feelings of security of the child and most encouraging to the child's physical, psychological and emotional development. It also means the least detrimental available alternative for safeguarding the growth and development of the child. (e) "Child" refers to a person under the age of eighteen (18) years. (d) "Child at Risk" refers to a child who is vulnerable to and at the risk of committing criminal offenses because of personal, family and social circumstances, such as, but not limited to, the following: (1) being abused by any person through sexual, physical, psychological, mental, economic or any other means and the parents or guardian refuse, are unwilling, or unable to provide protection for the child; (2) being exploited including sexually or economically; (3) being abandoned or neglected, and after diligent search and inquiry, the parent or guardian cannot be found; (4) coming from a dysfunctional or broken family or without a parent or guardian; (5) being out of school; (6) being a streetchild; (7) being a member of a gang; (8) living in a community with a high level of criminality or drug abuse; and (9) living in situations of armed conflict. (e) "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. (f) "Community-based Programs" refers to the programs provided in a community setting developed for purposes of intervention and diversion, as well as rehabilitation of the child in conflict with the law, for reintegration into his/her family and/or community. (g) "Court" refers to a family court or, in places where there are no family courts, any regional trial court. (h) "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. (i) "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. (j) "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. It includes the time when the child alleged to be in conflict with the law receives a subpoena under Section 3(b) of Rule 112 of the Revised Rules of Criminal Procedure or summons under Section 6(a) or Section 9(b) of the same Rule in cases that do not require preliminary investigation or where there is no necessity to place the child alleged to be in conflict with the law under immediate custody. (l) "Intervention" refers to a series of activities which are designed to address issues that caused the child to commit an offense. It may take the form of an individualized treatment program which may include counseling, skills training, education, and other activities that will enhance his/her psychological, emotional and psycho-social well-being. (m)"Juvenile Justice and Welfare System" refers to a system dealing with children at risk and children in conflict with the law, which provides child-appropriate proceedings, including programs and services for prevention, diversion, rehabilitation, re-integration and aftercare to ensure their normal growth and development. (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. (o) "Offense" refers to any act or omission whether punishable under special laws or the Revised Penal Code, as amended. (p) "Recognizance" refers to an undertaking in lieu of a bond assumed by a parent or custodian who shall be responsible for the appearance in court of the child in conflict with the law, when required. (q) "Restorative Justice" refers to a principle which requires a process of resolving conflicts with the maximum involvement of the victim, the offender and the community. It seeks to obtain reparation for the victim; reconciliation of the offender, the offended and the community; and reassurance to the offender that he/she can be reintegrated into society. It also enhances public safety by activating the offender, the victim and the community in prevention strategies. (r) "Status Offenses" refers to offenses which discriminate only against a child, while an adult does not suffer any penalty for committing similar acts. These shall include curfew violations; truancy, parental disobedience and the like. (s) "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. RA 10630 “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. - "A multi-disciplinary team composed of a social worker, a psychologist/mental health professional, a medical doctor, an educational/guidance counselor and a Barangay Council for the Protection of Children (BCPC) member shall operate the ‘Bahay Pag-asa’. The team will work on the individualized intervention plan with the child and the child’s family. (t) "Youth Rehabilitation Center" refers to a 24-hour residential care facility managed by the Department of Social Welfare and Development (DSWD), LGUs, licensed and/or accredited NGOs monitored by the DSWD, which provides care, treatment and rehabilitation services for children in conflict with the law. Rehabilitation services are provided under the guidance of a trained staff where residents are cared for under a structured therapeutic environment with the end view of reintegrating them into their families and communities as socially functioning individuals. Physical mobility of residents of said centers may be restricted pending court disposition of the charges against them. (u) "Victimless Crimes" refers to offenses where there is no private offended party. RA 10630 (Present amendment to RA 9344 or Juvenile Justice and Welfare Act of 2006) Section 3. 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." Section 4. Section 8 of Republic Act No. 9344 is hereby amended to read as follows: "SEC. 8. Juvenile Justice and Welfare Council (JJWC). – A Juvenile Justice and Welfare Council (JJWC) is hereby created and attached to the Department of Social Welfare and Development and placed under its administrative supervision. The JJWC ensure the effective implementation of this Act (RA 10630) and coordination of the concerned agencies. Section 6. Section 20 of Republic Act No. 9344 is hereby amended to read as follows: "SEC. 20. Children Below the Age of Criminal Responsibility. – If it has been determined that the child taken into custody is fifteen (15) years old or below, the authority which will have an initial contact with the child, in consultation with the local social welfare and development officer, has the duty to immediately release the child to the custody of his/her parents or guardian, or in the absence thereof, the child’s nearest relative. The child shall be subjected to a community-based intervention program supervised by the local social welfare and development officer, unless the best interest of the child requires the referral of the child to a youth care facility or ‘Bahay Pag-Asa’ managed by LGUs or licensed and/or accredited NGOs monitored by the DSWD. "The local social welfare and development officer shall determine the appropriate programs for the child who has been released, in consultation with the child and the person having custody over the child. If the parents, guardians or nearest relatives cannot be located, or if they refuse to take custody, the child may be released to any of the following: 1. A duly registered nongovernmental or religious organization; 2. A barangay official or a member of the Barangay Council for the Protection of Children (BCPC); 3. A local social welfare and development officer; or, when and where appropriate, the DSWD. "If the child has been found by the local social welfare and development officer to be dependent, abandoned, neglected or abused by his/her parents and the best interest of the child requires that he/she be placed 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” Provided, That if the child 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 Local Social Welfare and Development Office (LSWDO) pursuant to Presidential Decree No. 603, as amended, otherwise known as ‘The Child and Youth Welfare Code’ and the Supreme Court rule on commitment of children: Provided, further, That the minimum age for children committed to a youth care facility or ‘Bahay Pag-asa’ shall be twelve (12) years old." "SEC. 20-A. Serious Crimes Committed by Children Who Are Exempt From Criminal Responsibility. – A child who is above twelve (12) years of age up to fifteen (15) years of age and who commits parricide, murder, infanticide, kidnapping and serious illegal detention where the victim is killed or raped, robbery, with homicide or rape, destructive arson, rape, or carnapping where the driver or occupant is killed or raped or offenses under Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002) punishable by more than twelve (12) years of imprisonment, shall be deemed a neglected child under Presidential Decree No. 603, as amended, and shall be mandatorily placed in a special facility within the youth care faculty or ‘Bahay Pag-asa’ called the Intensive Juvenile Intervention and Support Center (IJISC). Section 9. Section 49 of Republic Act No. 9344 is hereby amended to read as follows: "SEC. 49. Establishment of ‘Bahay Pag-Asa’. – Each province and highly-urbanized city (the LGUs) shall be responsible for building, funding and operating a ‘Bahay Pag-asa’ within their jurisdiction following the standards that will be set by the DSWD and adopted by the JJWC. "Every ‘Bahay Pag-asa’ will have a special facility called the IJISC. This Center will be allocated for children in conflict with the law in accordance with Sections 20, 20-A and 20-B hereof. These children will be required to undergo a more intensive multi-disciplinary intervention program. The JJWC in partnership with, but not limited to, the DSWD, the DOH, the DepED and the DILG, will develop and set the standards for the implementation of the multi-disciplinary intervention program of the IJISC. Upon institutionalization of the IJISC program, the JJWC will continue to monitor and provide technical assistance to the multi-disciplinary teams operating the said centers." Section 11. Section 57 of Republic Act No. 9344 is hereby amended to read as follows: "SEC. 57. Status Offenses. – Any conduct not considered an offense or not penalized if committed by an adult shall not be considered an offense and shall not be punished if committed by a child." "SEC. 57-A. Violations of Local Ordinances. – Ordinances enacted by local governments concerning juvenile status offenses such as, but not limited to, curfew violations, truancy, parental disobedience, anti-smoking and anti-drinking laws, as well as light offenses and misdemeanors against public order or safety such as, but not limited to, disorderly conduct, public scandal, harassment, drunkenness, public intoxication, criminal nuisance, vandalism, gambling, mendicancy, littering, public urination, and trespassing, shall be for the protection of children. No penalty shall be imposed on children for said violations, and they shall instead be brought to their residence or to any barangay official at the barangay hall to be released to the custody of their parents. Appropriate intervention programs shall be provided for in such ordinances. The child shall also be recorded as a ‘child at risk’ and not as a ‘child in conflict with the law’. The ordinance shall also provide for intervention programs, such as counseling, attendance in group activities for children, and for the parents, attendance in parenting education seminars." CICL Rules in Relation to Republic Act No. 9344 as amended Initial Contact with a Child – refers to the apprehension or taking into custody of a CICL by law enforcement officers or private citizens. - Includes the time when CICL receives a subpoena or summons from the prosecutor’s office. - A private citizen who has taken into custody or apprehended a CICL must immediately refer the child to the law enforcement officer for proper investigation. Procedure For Taking a CICL into Custody: Identify him/herself as a law enforcer to the CICL (present proper identification) Immediately notify child’s parents/guardians, LSWDO, PAO of child’s apprehension not later than 8 hours. ✔ Explain the ff: (in a language understood by him) Reason for apprehension. Crime allegedly committed. Constitutional rights. ✔ Determine immediately the age of the child ✔ Take the child immediately for a thorough physical and mental examination Determination of Age: Presumption of Minority/ as a right of CICL until proven 18 years old or older. Birth certificate, baptismal certificate, other pertinent documents (school records). In the absence: Information from child, physical appearance, testimonies of other persons or other relevant evidence. Turn over custody of the child to the LSWDO or accredited NGO immediately but not later than 8 hours. If child is below age of criminal responsibility, immediately release the child to his/her parents. Pending Turnover of Custody: As in cases when the child is apprehended at nighttime or during weekends. Ensure that the child shall be temporarily secured in an area separate from that of the opposite sex and adult offenders and not put in the detention cell or jail. Initial Investigation: The stage after initial contact when the law enforcement officer takes the statement of the CICL. To be conducted by a law enforcement officer from the Women and Children Protection Desk (WCPD). Prohibited Acts When in Custody of Child: Detention Search by an officer of the opposite sex Contact with adult offenders and offenders of opposite sex Vulgar language Display and use of instruments of force or restraint Violence or unnecessary force Other Prohibited Acts: A. Branding, Labeling; B. Discriminatory remarks; C. Threats D. Abusive, coercive, punitive measures; E. Degrading, inhuman, cruel forms of punishment, and F. Compelling child to perform involuntary servitude. Taking child’s statement during investigation, should be conducted in the presence of counsel of choice or PAO lawyer, parents/guardian/nearest relative, LSWDO. In the absence of parents/guardian/nearest relative & LSWDO, investigation in the presence of an NGO representative or faith-based group. How CICL’s Statement Taken: Friendly & non-intimidating manner. In a separate interview room (to make child feel comfortable and freely express himself). Use of simple and understandable language. Allow the LSWDO, or the persons taking his/her place as above enumerated, to actively assist in the conduct of the initial investigation. Signing of Statements: All statements signed or thumb marked by the child during investigation. Shall be witnessed by the child’s parents or guardian, the LSWDO, or if not present, any other social worker, or counsel in attendance, who shall affix his/her signature to the said statement. After signing… Refer the child who is above fifteen (15) years of age but below eighteen (18) years of age to the LSWDO for an assessment if the child acted with discernment. Transmit the following records of the child to the LSWDO: 1. Written statement of the child. 2. Other pertinent records such as the documents showing the basis for the determination of the age of the child. 3. Medical report if available. 4. All other records that may assist the LSWDO in making an assessment if the child acted with discernment. Discernment, determined by: By the LSWDO at initial investigation by the Law Enforcer/Police. By Court who shall make a final determination a. To be proven by the prosecution. b. The LSWDO shall as part of the initial investigation, assess if the child acted with discernment and make the necessary recommendation to the law enforcement officer on the basis of said assessment. Maintain Confidentiality and Privacy: Use a system of coding. Maintain a separate logbook for CICL. Exclude the public, particularly the media, from the area where the child is being held in custody. Not provide any detail or information to the public, particularly the media, that shall lead to the identity of the child; On Confidentiality… Keep the results of the medical examination confidential; and Mark the records of the child and the report on the initial investigation as confidential. Who Shall Undergo Intervention Programs? Children who are exempted from criminal responsibility ○ 15 years old and below ○ Above 15 but less than 18 yrs. old who acted without discernment ○ Those who committed status offenses Not exempt from civil liability which is borne by parents Diversion Programs – An alternative, child-appropriate process of determining the responsibility and treatment of a CICL. - Based on his/her social, cultural, economic, psychological or educational background. - Without resorting to formal court proceedings. - Diversion is the same as Tertiary Intervention. Who Undergoes Diversion? CICL above fifteen (15) years but below eighteen (18) years of age who acted with discernment. Children who are 15 years old and below who allegedly committed an offense. Venues of Diversion: Barangay (Katarungang Pambarangay), Police, Prosecutor Level – if the offense has imposable penalty of not more than six (6) years of imprisonment. Court – if the imposable penalty is more than six (6) years of imprisonment. Diversion Program – must be in writing signed by parties & concerned authorities. - Local Social Welfare Officer implements/supervises the Diversion Program - Diversion proceedings to be completed in 45 days. - Child must present himself/herself at least once a month for reporting & evaluation. - Failure to comply w/ the terms and conditions of Diversion Program as certified by the LSWDO, victim has the option to institute appropriate legal action. Benefits of Diversion Program: CICL is able to avoid the stigma and label associated with a criminal record. Through a diversion, a child may gain insight into the consequences of his/her actions and take responsibility for them. Diversion programs offer the youth opportunities to develop important social skills. Families are able to strengthen relationships with the youth through improved communication skills. Court system – reduced case loads and increased efficiency and lowered costs. Communities benefit as young people understand their role in the community and develop positive attitudes. Many non-formal justice options are cheaper than court procedures; imprisonment is costly. When CICL Found Guilty: Determine Civil Liability. Instead of pronouncing judgement of conviction, automatic suspension of sentence. Discharge – on recommendation of SWO with custody of Child. - Court dismisses case and orders Final Discharge of CICL if objectives of disposition measures fulfilled. - Discharge not affect civil liability enforced in accordance with law. Return to Court for Execution of Judgement: For failure to comply with disposition, rehabilitation conditions. CICL reached 18 under suspended sentence. Court orders discharge, execute sentence, extend rehabilitation until maximum of 21 years old. Credit in Service of Sentence – The child in conflict with the law shall be credited in the services of his/her sentence with the full time spent in actual commitment and detention under this Act. Probation as an Alternative to Imprisonment – the court may, after it shall have convicted and sentenced a child in conflict with the law, and upon application at any time, place the child on probation in lieu of service of his/her sentence taking into account the best interest of the child. Offenses Not Applicable to Children: Persons below eighteen (18) years of age shall be exempt from prosecution for the crimes of: Vagrancy and Prostitution under Section 202 of the Revised Penal Code; Mendicancy under Presidential Decree No. 1563; and Sniffing of rugby under Presidential Decree No. 1619 Such prosecution being inconsistent with the United Nations Convention on the Rights of the Child: Provided, that said persons shall undergo appropriate counseling and treatment program. Centers (24-Hour Group Care) Youth Rehabilitation/Training Centers (must have registered) – established by DSWD Youth Detention Homes – by LGUs or Licensed, Accredited NGOs. Sharing of Costs (1/3 Municipal – Provincial – National) For Care, Maintenance of CICL. Aftercare – CICLs whose cases were dismissed due to good behavior as recommended by SWO. - Discharge from rehabilitation center. - Provided aftercare for at least 6 months by LSWDO. Social, Community, and Environmental Influences Associated with Juvenile Delinquency Recognizing the various factors that contribute to juvenile delinquency is essential for developing effective prevention and intervention strategies. Here are the key social, community, and environmental influences: Gender ○ Gender Differences: Statistically, males are more likely to engage in delinquent behavior than females. This can be attributed to socialization patterns, where males may be encouraged to be more aggressive or risk-taking. ○ Role of Gender Norms: Traditional gender norms and expectations can influence behavior, with boys potentially feeling pressure to conform to stereotypes of toughness and dominance. Family ○ Family Structure: Single-parent households, parental absence, and large family size can increase the risk of juvenile delinquency due to lack of supervision and support. ○ Parenting Style: Authoritarian or permissive parenting styles, inconsistent discipline, and lack of parental involvement are associated with higher rates of delinquency. ○ Family Conflict and Abuse: Exposure to domestic violence, family conflict, and abuse can lead to emotional and behavioral problems in children, increasing the likelihood of delinquent behavior. Peers ○ Peer Influence: Association with delinquent peers can encourage similar behavior through peer pressure and the desire for acceptance and belonging. ○ Gang Involvement: Involvement in gangs can significantly increase the risk of engaging in criminal activities, as gangs provide a social network that supports delinquent behavior. Schools ○ School Environment: Poor academic performance, low attachment to school, and negative school environments can contribute to delinquency. Schools that fail to engage students or address their needs may see higher rates of delinquent behavior. ○ Bullying and Victimization: Experiences of bullying and victimization can lead to aggressive or antisocial behavior as a coping mechanism or form of retaliation. Drug Use ○ Substance Abuse: Early use of drugs and alcohol is strongly linked to juvenile delinquency. Substance abuse can impair judgement, increase risk-taking behaviors, and lead to criminal activities to support the habit. ○ Access and Exposure: Environments where drugs are easily accessible and substance use is normalized can increase the likelihood of juveniles engaging in drug-related delinquency. Adolescence ○ Developmental Stage: Adolescence is a critical developmental stage characterized by identity formation, experimentation, and increased risk-taking behavior. The search for independence and identity can sometimes manifest in delinquent behavior. ○ Emotional and Cognitive Development: During adolescence, individuals may struggle with impulse control, decision-making, and emotional regulation, making them more susceptible to engaging in risky or criminal behaviors. Understanding these influences is crucial for designing targeted interventions to prevent juvenile delinquency. By addressing the underlying social, community, and environmental factors, stakeholders can create supportive environments that promote positive development and reduce the risk of delinquent behavior among youth. Pivotal Provisions and Contributions to Child Protection and Promotion of Children’s Rights: Presidential Decree No. 603 (Child and Youth Welfare Code Pivotal Provisions: 1. Declaration of Policies and Rights: This decree declares the policies of the state to ensure the welfare and rights of children. It recognizes children’s right to education, proper health care, and protection from exploitation and abuse. 2. Parental Authority and Responsibility: It outlines the responsibilities and rights of parents and guardians in raising children, emphasizing their role in providing for their basic needs and education. 3. Child and Youth Welfare Agencies: Establishes government and non-governmental organizations dedicated to the welfare of children and youth, detailing their roles and responsibilities. 4. Protective Measures: Specifies measures to protect children from abuse, neglect, and exploitation, including the provision of services for rehabilitation and reintegration of child victims. Collective Contribution – Foundation for Child Welfare: The decree lays down the basic framework for child welfare and protection in the Philippines, serving as the foundation for subsequent laws and policies aimed at protecting children’s rights. Article 3. Rights of the Child. - All children shall be entitled to the rights herein set forth without distinction as to legitimacy or illegitimacy, sex, social status, religion, political antecedents, and other factors. (1) Every child is endowed with the dignity and worth of a human being from the moment of his conception, as generally accepted in medical parlance, and has, therefore, the right to be born well. (2) Every child has the right to a wholesome family life that will provide him with love, care and understanding, guidance and counseling, and moral and material security. The dependent or abandoned child shall be provided with the nearest substitute for a home. (3) Every child has the right to a well-rounded development of his personality to the end that he may become a happy, useful and active member of society. The gifted child shall be given opportunity and encouragement to develop his special talents. The emotionally disturbed or socially maladjusted child shall be treated with sympathy and understanding, and shall be entitled to treatment and competent care. The physically or mentally handicapped child shall be given the treatment, education and care required by his particular condition. (4) Every child has the right to a balanced diet, adequate clothing, sufficient shelter, proper medical attention, and all the basic physical requirements of a healthy and vigorous life. (5) Every child has the right to be brought up in an atmosphere of morality and rectitude for the enrichment and the strengthening of his character. (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 service to himself and to his fellowmen. (7) Every child has the right to full opportunities for safe and wholesome recreation and activities, individual as well as social, for the wholesome use of his leisure hours. (8) Every child has the right to protection against exploitation, improper influences, hazards, and other conditions or circumstances prejudicial to his physical, mental, emotional, social and moral development. (9) Every child has the right to live in a community and a society that can offer him an environment free from pernicious influences and conducive to the promotion of his health and the cultivation of his desirable traits and attributes. (10) Every child has the right to the care, assistance, and protection of the State, particularly when his parents or guardians fail or are unable to provide him with his fundamental needs for growth, development, and improvement. (11) Every child has the right to an efficient and honest government that will deepen his faith in democracy and inspire him with the morality of the constituted authorities both in their public and private lives. (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 determination to contribute his share in the building of a better world. Presidential Decree No. 603 (Child and Youth Welfare Code) Title VIII. Special Categories of Children Chapter I 1. Dependent 2. Abandoned 3. Neglected Article 141. Definition of Terms. - As used in this Chapter: 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. Republic Act No. 9523 – March 12, 2009 (2) Child refers refers to a person below eighteen (18) years of age or a person over eighteen (18) years of age but is unable to fully take care of him/herself or protect himself/herself from abuse, neglect, cruelty, exploitation, or discrimination because of physical or mental disability or condition. (3) Abandoned Child refers to a child who has no proper parental care or guardianship, or whose parent(s) have deserted him/her for a period of at least three (3) continuous months, which includes a founding. 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. (b) A child is unattended when left by himself without provisions for his needs and/or without proper supervision. (c) 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. Republic Act No. 9523 – March 12, 2009 (4) Neglected Child refers to a child whose basic needs have been deliberately unattended or inadequately attended within a period of three (3) continuous months. Neglect may occur in two (2) ways: (a) There is physical neglect when the child is malnourished, ill-clad, and without proper shelter. A child is unattended when left by himself/herself without proper provisions and/or without proper supervision. (b) There is emotional neglect when the child is maltreated, raped, seduced, exploited, overworked, or made to work under conditions not conducive to good health; or is 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, substantial and continuous or repeated neglect and/or parental 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. Article 142. Petition for Involuntary Commitment of a Child: Venue. - The Department of Social Welfare Secretary or his authorized representative or any duly licensed child placement agency having knowledge of a child who appears to be dependent, abandoned or neglected, may file a verified petition for involuntary commitment of said child to the care of any duly licensed child placement agency or individual. The petition shall be filed with the Juvenile and Domestic Relations Court, if any, or with the Court of First Instance of the province or City Court in which the parents or guardian resides or the child is found. CHAPTER II Mentally Retarded, Physically Handicapped, Emotionally Disturbed and Mentally Ill Children Article 168. Mentally Retarded Children. - Mentally retarded children are (1) socially incompetent, that is, socially inadequate and occupationally incompetent and unable to manage their own affairs; (2) mentally subnormal; (3) retarded intellectually from birth or early age; (4) retarded at maturity; (5) mentally deficient as a result of constitutional origin, through hereditary or disease, and (6) essentially incurable. Article 169. Classification of Mental Retardation. - Mental Retardation is divided into four classifications: 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. 3. 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. 4. 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. Article 170. Physically 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. Article 171. Emotionally 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. Article 172. Mentally 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. Article 173. 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. Republic Act No. 7658 (Prohibition of Employment of Children Below 15 Years of Age) Pivotal Provision: 1. Prohibition of Child Labor: Explicitly prohibits the employment of children below 15 years of age, with certain exceptions for family businesses and artistic endeavors under strict conditions. 2. Penalties for Violations: Prescribes penalties for employers who violate the prohibition, including fines and imprisonment. 3. Exemptions and Conditions: Allows for limited exceptions where child labor is permitted, provided it does not interfere with the child’s education, health, or moral development, and is under parental supervision. Collective Contribution: Child Labor Prevention: Significantly contributes to the protection of children from labor exploitation by setting clear age limits and conditions for employment, ensuring that children’s right to education and development are prioritized. Republic Act No. 7610 (Special Protection of Children Against Abuse, Exploitation, and Discrimination Act) Pivotal Provisions: 1. Special Protection Measures: Provides special protection to children against abuse, exploitation, and discrimination in various forms, including physical, sexual, and emotional abuse. 2. Prohibited Acts: Defines and prohibits acts of child abuse, exploitation, and discrimination, and prescribes penalties for violations. 3. Intervention and Rehabilitation: Establishes mechanisms for intervention, including reporting and investigation procedures, as well as rehabilitation services for abused and exploited children. 4. Education and Awareness: Mandates educational programs and campaigns to raise awareness about children’s rights and the importance of protecting children from abuse and exploitation. Collective Contribution: Enhanced Legal Protection: Strengthens legal protections for children against abuse and exploitation, providing clearer definitions and stricter penalties for offenders, thereby enhancing the enforcement of children’s rights. Juvenile Justice and Welfare System - Initial Contact with the Child - RA 9344 SEC. 21. Procedure for Taking the Child into Custody. - From the moment a child is taken into custody, the law enforcement officer shall: (a) Explain to the child in simple language and in a dialect that he/she can understand why he/she is being placed under custody and the offense that he/she allegedly committed; (b) Inform the child of the reason for such custody and advise the child of his/her constitutional rights in a language or dialect understood by him/her; (c) Properly identify himself/herself and present proper identification to the child; (d) Refrain from using vulgar or profane words and from sexually harassing or abusing, or making sexual advances on the child in conflict with the law; (e) Avoid displaying or using any firearm, weapon, handcuffs or other instruments of force or restraint, unless absolutely necessary and only after all other methods of control have been exhausted and have failed; (f) Refrain from subjecting the child in conflict with the law to greater restraint than is necessary for his/her apprehension; (g) Avoid violence or unnecessary force; (h) Determine the age of the child pursuant to Section 7 of this Act; RA 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 Section 3. 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." (i) Immediately but not later than eight (8) hours after apprehension, turn over custody of the child to the Social Welfare and Development Office or other accredited NGOs, and notify the child's apprehension. The social welfare and development officer shall explain to the child and the child's parents/guardians the consequences of the child's act with a view towards counseling and rehabilitation, diversion from the criminal justice system, and reparation, if appropriate; (j) Take the child immediately to the proper medical and health officer for a thorough physical and mental examination. The examination results shall be kept confidential unless otherwise ordered by the Family Court. Whenever the medical treatment is required, steps shall be immediately undertaken to provide the same; (k) Ensure that should detention of the child in conflict with the law be necessary, the child shall be secured in quarters separate from that of the opposite sex and adult offenders; (l) Record the following in the initial investigation: 1. Whether handcuffs or other instruments of restraint were used, and if so, the reason for such; 2. That the parents or guardian of a child, the DSWD, and the PA0 have been informed of the apprehension and the details thereof; and 3. The exhaustion of measures to determine the age of a child and the precise details of the physical and medical examination or the failure to submit a child to such examination; and (m)Ensure that all statements signed by the child during investigation shall be witnessed by the child's parents or guardian, social worker, or legal counsel in attendance who shall affix his/her signature to the said statement. A child in conflict with the law shall only be searched by a law enforcement officer of the same gender and shall not be locked up in a detention cell. SEC. 22. Duties During Initial Investigation. - The law enforcement officer shall, in his/her investigation, determine where the case involving the child in conflict with the law should be referred. The taking of the statement of the child shall be conducted in the presence of the following: (1) 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 local social welfare and development officer. In the absence of the child's parents, guardian, or nearest relative, and the local social welfare and development officer, the investigation shall be conducted in the presence of a representative of an NGO, religious group, or member of the BCPC. After the initial investigation, the local social worker conducting the same may do either of the following: (a) Proceed in accordance with Section 20 if the child is fifteen (15) years or below or above fifteen (15) but below eighteen (18) years old, who acted without discernment; and (b) If the child is above fifteen (15) years old but below eighteen (18) and who acted with discernment, proceed to diversion under the following chapter. Section 6. Section 20 of Republic Act No. 9344 is hereby amended to read as follows: "SEC. 20. Children Below the Age of Criminal Responsibility. – If it has been determined that the child taken into custody is fifteen (15) years old or below, the authority which will have an initial contact with the child, in consultation with the local social welfare and development officer, has the duty to immediately release the child to the custody of his/her parents or guardian, or in the absence thereof, the child’s nearest relative. The child shall be subjected to a community-based intervention program supervised by the local social welfare and development officer, unless the best interest of the child requires the referral of the child to a youth care facility or ‘Bahay Pag-asa’ managed by LGUs or licensed and/or accredited NGOs monitored by the DSWD. "The local social welfare and development officer shall determine the appropriate programs for the child who has been released, in consultation with the child and the person having custody over the child. If the parents, guardians or nearest relatives cannot be located, or if they refuse to take custody, the child may be released to any of the following: (a) A duly registered nongovernmental or religious organization; (b) A barangay official or a member of the Barangay Council for the Protection of Children (BCPC); (c) A local social welfare and development officer; or, when and where appropriate, the DSWD. "If the child has been found by the local social welfare and development officer to be dependent, abandoned, neglected or abused by his/her parents and the best interest of the child requires that he/she be placed 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: Provided, That if the child 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 Local Social Welfare and Development Office (LSWDO) pursuant to Presidential Decree No. 603, as amended, otherwise known as ‘The Child and Youth Welfare Code’ and the Supreme Court rule on commitment of children: Provided, further, That the minimum age for children committed to a youth care facility or ‘Bahay Pag-asa’ shall be twelve (12) years old." "SEC. 20-A. Serious Crimes Committed by Children Who Are Exempt From Criminal Responsibility. – A child who is above twelve (12) years of age up to fifteen (15) years of age and who commits parricide, murder, infanticide, kidnapping and serious illegal detention where the victim is killed or raped, robbery, with homicide or rape, destructive arson, rape, or carnapping where the driver or occupant is killed or raped or offenses under Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002) punishable by more than twelve (12) years of imprisonment, shall be deemed a neglected child under Presidential Decree No. 603, as amended, and shall be mandatorily placed in a special facility within the youth care faculty or ‘Bahay Pag-asa’ called the Intensive Juvenile Intervention and Support Center (IJISC). "SEC. 20-B. Repetition of Offenses. – A child who is above twelve (12) years of age up to fifteen (15) years of age and who commits an offense for the second time or oftener: Provided, That the child was previously subjected to a community-based intervention program, shall be deemed a neglected child under Presidential Decree No. 603, as amended, and shall undergo an intensive intervention program super

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