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ra 9344

ra 9344

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children in conflict with law
children in conflict with law

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08/08/2014

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REPUBLIC ACT NO.

9344
“ AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM, CREATING THE JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT OF JUSTICE APPROPRIATING FUNDS THEREFORE AND OTHER PURPOSES” OR THE JUVENILE JUSTICE AND WELFARE ACT of 2006
PASWI Davao City Chapter Annual Convention Grand Menseng Hotel, Davao City

Undersecretary, Policy and Programs Group Chair, Juvenile Justice and Welfare Council

ALICIA R. BALA

1

Coverage

Different stages involving children at risk and child in conflict with the law (CICL) from prevention to rehabilitation and reintegration

2

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, reintegration and aftercare to ensure their normal growth and development

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RESTORATIVE JUSTICE
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.
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LIBERAL CONSTRUCTION In case of doubt. shall be construed liberally in favor of the child in conflict with the law. the interpretation of any of the provisions of this Act. 5 . including its implementing rules and regulations (IRR).

However.  Conditional exemption for those above 15 and below 18 years of age (unless shown to have acted with discernment) 6 . the child shall be subjected to an intervention program.Minimum Age of Criminal Liability  Exemption for those 15 years of age or younger.

 Department of Education (DepEd).  Department of Social Welfare and Development (DSWD).  Commission on Human Rights (CHR).  Department of the Interior and Local Government (DILG).  National Youth Commission (NYC).Juvenile Justice and Welfare Council (JJWC)  Creation of Juvenile Justice and Welfare Council chaired by DSWD and under the administrative supervision of the DOJ  Composition of JJWC  Department of Justice (DOJ).  Council for the Welfare of Children (CWC). and  Two (2) representatives from non-government organizations 7 .

municipalities and cities shall be allocated for the strengthening and implementation of the LCPC  Local Social Welfare Officer – All LGUs shall appoint a duly licensed social worker as its local social welfare and development officer to assist CICL  Sangguniang Kabataan 8 .Sectors involved in the Prevention of Juvenile Delinquency  Family  Educational System  Mass Media  Local Councils for the Protection of Children (LCPC)  Establishment and strengthening of LCPCs  1% of the internal revenue allotment of the barangays.

Local Comprehensive Juvenile Intervention Program  A comprehensive juvenile intervention program covering a 3-year period shall be instituted in LGUs from the provincial to the barangay level.  Implementation of the comprehensive juvenile intervention program shall be reviewed and assessed annually by LGUs.  LGUs shall set aside an amount necessary to implement their respective juvenile intervention programs in their annual budget. 9 .

10 offending .  Levels of community-based programs  Primary – includes general measures to promote social justice and equal opportunity  Secondary – includes measures to assist children at risk.Community-based Programs on Juvenile Justice and Welfare  Shall be instituted by the LGUs through the LCPC.  Tertiary – includes measures to avoid unnecessary contact with the formal justice system and other measures to prevent re. youth organizations and other concerned agencies. schools.

Treatment of Children Below the Age of Criminal Responsibility  Immediately release the child to the custody of his/her parents/guardians/nearest relative  Give notice to the local social welfare and development officer to determine the appropriate programs  In the absence of parents/guardians or nearest relative the child maybe released to the following:  Duly registered NGO or religious organization. when and where appropriate 11 .  Barangay official or a member of BCPC.  Local social welfare and development officer.  DSWD.

Prepare a case study report on the child. Duty of the Local Social Worker Immediately after being notified of the apprehension of the child fifteen (15) years old or below.Rule 31. neglected or abused by his/her parents for purposes of filing a petition for involuntary commitment if necessary. The LSWDO shall also determine if the child is abandoned. the LSWDO shall: 1.c. 12 . and 1. Determine the appropriate intervention and prevention programs in consultation with the child and the person having custody over the child.

the LSWDO shall encourage the parent or guardian of the child to request for temporary custody of the child to the DSWD or licensed and accredited NGOs. the LSWDO shall carefully review the case of the child and file a petition for involuntary commitment when sanctioned by law. In the event the parent or guardian does not agree to the request for temporary custody of the child. 603 and the SC Rule on Commitment of Children. Duty of the local social worker If the safety of the child is in danger in view of the alleged commission of the offense.D. in accordance with P.Rule 31. 13 .c.

Above the Age of Criminal Responsibility  The child in conflict with the law who is above fifteen (15) but below eighteen (18) years of age shall be exempt from criminal responsibility. the child shall be dealt with in the same manner as a child who is below the age of criminal responsibility. Being exempt. unless he/she acted with discernment. 14 .  If the child in conflict with the law is above fifteen (15) years old but below eighteen (18) years of age acted with discernment. the child shall proceed to diversion.

Initial assessment of discernment The LSWDO. shall prepare a report indicating an assessment if the child acted with discernment for the purpose of determining whether to proceed with intervention or with diversion.b.Rule 34. after the law enforcement officer refers the records of a child who is fifteen (15) years old or above but below eighteen (18) years old. 15 .

2. The appearance. during and after the commission of the offense. All the facts and circumstances of the case. Basis for Assessment of Discernment In making an assessment if the child who is above fifteen (15) years but below eighteen (18) years of age acted with discernment. attitude. 3. the LSWDO shall take into consideration: 1. The educational level and performance of the child in conflict with the law.Rule 34. comportment and behavior of the child in conflict with the law. 16 .c. before.

The LSWDO shall endeavor continuously be updated with latest trends in conducting psychosocial analyses of children and research on factors affecting the behavior of children in conflict with the law. Basis for Assessment of Discernment The LSWDO shall consider only factors that indicate if the child acted with discernment and not indicators of premeditation or intention to commit the alleged offense.Rule 34.c. The LSWDO shall be further guided by procedures to be prescribed by the DSWD in making an assessment of the presence or absence of discernment. 17 .

2. and not more than twelve (12) years of imprisonment. 18 . Acted with discernment. police or prosecutor’s level. where appropriate The child in conflict with the law shall undergo diversion proceedings if he/she: 1. Is above fifteen (15) years but below eighteen (18) years of age. if diversion is resorted to by the court. and 3. Allegedly committed an offense with an imposable penalty of not more than six (6) years of imprisonment if diversion is conducted at the barangay.Diversion Program.

diversion may resorted to only by the court. the diversion proceedings shall be conducted by the LSWDO in coordination with the BCPC.Where diversion may be conducted If the imposable penalty for the offense committed is not more than six (6) years of imprisonment. Police investigation stage under the law enforcement officer. Katarungang Pambarangay level under the Punong Barangay. If the imposable penalty for the offense committed exceeds six (6) years of imprisonment but not more than twelve (12) years 19 of imprisonment. . Inquest or preliminary investigation stage under the prosecutor. diversion may be conducted at the: 1. or 3. If the offense with the imposable penalty of not more than six (6) years imprisonment is a victimless crime. 2.

Rule 45. level When diversion is conducted at the LSWDO Diversion shall be conducted at the level of the LSWDO when after the conduct of initial investigation. the law enforcement officer determines that the child is above 15 but below 18 years of age. Diversion at the level of the LSWDO in case of victimless crimes Rule 45. acted with discernment and allegedly committed a victimless crime where the imposable penalty is not more than six (6) years of imprisonment.RULE 45. . Nature of proceedings The LSWDO shall meet with the child and his/her parents or guardians for the development of the appropriate diversion and rehabilitation program. in 20 coordination with the BCPC.b.a.

Rehabilitation and Reintegration   Court Order required Separate facilities from adults     Separate facilities for female children Gender Sensitivity Training Establishment of Youth Detention Homes Care and Maintenance of CICL  In case parents cannot pay maintenance expenses  Municipality where the offense was committed shall pay 1/3 of the expenses  Province to which municipality belongs – 1/3  1/3 by the national government  Chartered Cities shall pay 2/3 21 .

treatment and rehabilitation services under the guidance of trained staff where resident are cared for under a structured therapeutic environment with the end in view of reintegrating them into their families and communities 22 .Rehabilitation and Reintegration   Confinement of Convicted Children in Agricultural Camp and other Training Facilities Rehabilitation of CICL  Under the supervision and guidance of the LSWDO in coordination with his/her parents  Youth Rehabilitation Center  The DSWD shall establish a Youth Rehabilitation Center in each region of the country. The center shall provide 24-hour group care.

23 . The service includes counseling and other community-based services designed to facilitate social reintegration.After-Care Support Services for Children in Conflict with the Law  Those cases dismissed by the proper court because of good behavior as per recommendation of DSWD social worker and/or any accredited NGO shall be provided after-care services by the social welfare and development officer for at least six (6) months. prevent reoffending and make the children productive members of the community.

24 .

.  The law provides CICL the opportunity and chance thru alternative child-appropriate measures to reform and be reintegrated to the family and community.  The guidelines shall cover the procedures for social workers to undertake in providing interventions and diversion programs to rehabilitate and eventually reintegrate CICL with 25 his/her family and into the mainstream of society.  With the law’s totally new and different approach in the management of CICL. it is necessary to provide the social workers with a common frame of reference to effectively carry out their mandate. 9344 or the Juvenile Justice and Welfare Act of 2006 provides a paradigm shift from retributive to restorative justice giving emphasis on rehabilitating the CICL rather than punishing him/her.Rationale  Republic Act No.

DSWD licensed and accredited non-government organizations (NGOs) 26 . City/Municipal Social Welfare and Development Offices (C/MSWDO) 1. Department of Social Welfare and Development (DSWD) 1.Coverage These procedures shall apply to social workers of the following: 1.

27 .

conduct an assessment as basis for actions • • If victim is minor. endorsement to the other LGU social should be accompanied by complete supporting documents 2. . another social worker should handle the case If outside jurisdiction.Procedure . File a petition for involuntary commitment to court if: • abandoned. 2. Immediately turn-over the child to his/her parents. . neglected or abused by the parents or guardians • there is a threat to the safety of the child but parents refuse to provide custody • Parents refuse to comply with the intervention 28 program . Upon receipt of referral. For CICL 15 years old and below 1.

Monitor the child’s compliance and response to the intervention program. • Require the CICL and his/her parents to report to his/her office. • Mobilization of community volunteers • Home / School visit 6. 29 . Terminate provision of interventions once assessed to have achieved desired changes in his/her behavior. Provide intervention programs 5. . . 15 years old and below 3. Within one week prepare a social case study report (SCSR) 4.Procedure .

. prepare an assessment report on the absence or presence of discernment in the commitment of the crime. not exceeding one week if possible. 2. .Procedure . Immediately release the child to his/her parents. If victim is minor. For CICL above 15 but below 18 years of age 1. If outside jurisdiction. Upon receipt of referral. another social worker should handle the case. endorsement to the other LGU social should be accompanied by complete supporting documents 30 .

.Procedure . If with discernment. manage the case similar to that of a 15-year old or below CICL. victimless. penalty not exceeding six years of imprisonment. Determine if diversion is appropriate and desirable 31 . the following shall be undertaken: a. above 15 but below 18 years old 3. Submit the report to the law enforcement officer. . If without discernment.

the social worker recommends release on recognizance. c. If not possible. social worker assists in the proceedings. issue a certification and refer case to the prosecutor. custody supervision or post bail. above 15 years but below 18 years of age b. . .Procedure . If diversion is inappropriate and undesirable. develop an appropriate diversion program 32 . recommend the child’s transfer to a youth detention home or rehabilitation center. If prosecutor diverts the case. If diversion appropriate and desirable. If prosecutor submits case to court for trial.

33 . C/MSWDO to implement diversion program with the assistance of the community. 7.Procedure . . For CICL above 15 years but below 18 years of age 4. 6. 5. the child and his/her parents together with the C/MSWDO shall sign a diversion contract containing all actions to be undertaken by all parties. . certify that there is failure to the contract and refer case to prosecutor. When agreements have been reached. If CICL fails to comply with the diversion contract. Come up with a system of monitoring compliance of CICL and his parents to the diversion contract.

Procedure . 34 . the law enforcement officer or the prosecutor. For CICL above 15 years but below 18 years of age In cases where there are victims. . . To supervise means to ensure that the right of the CICL is protected during the proceedings and the diversion program being developed promotes the CICL’s best interest. the LSWDO shall only supervise the conduct of diversion which shall be handled either by the BCPC.

35 .

cultural orientation. intellectual and physical ability. . financial situation of the CICL’s family and similar concerns in choosing a diversion program 36 . his/her family and the victim. . Observe confidentiality. Consider religious belief. if present. Clearly emphasize benefits to the CICL. c. b. Explain intent clearly to the child.What to Observe . a. d. e. Encourage CICL to express himself/herself especially when deciding on the appropriate diversion programs.

f. the proceedings shall be terminated. When no agreements are reached after 45 days. . g. h. The diversion proceedings shall be completed within 45 days upon submission of the case for diversion. The case shall then be filed according to regular process 37 . i. . Schedule of diversion proceedings not to interfere with the CICL’s attendance to school and shall ensure that he/she understands it. Allow CICL to read diversion contract before signing.What to Observe . Use language and expressions that are easily understood by the CICL and are child-friendly.

38 .

3. Nature and circumstances of the offense charged. 2. Background and circumstances of the CICL. Frequency and the severity of the act. Influence of the family and environment on the growth of the child and on family relationship. 4. Reparation of injury to the victim. 39 .The following shall be considered when formulating a diversion program: 1. 5.

and support the CICL. supervise. 10. 40 . if any. The victims’ view about the propriety of the measures to be imposed. The availability of community-based programs for the rehabilitation and reintegration of the child. 9. 8. The CICL’s feelings of remorse for the offense he/she committed. 7.Record of prior offense.6. The parent’s ability to guide.

41 .

42 . Parents’ parenting capability. roles and functions of family members. Assess the needs and circumstances with focus on the following: a. d.1. behavior control/problem-solving patterns for handling conflict situation/social interaction. Physical and psychosocial well-being b. Perceptions and feelings to present situation/problem and other significant events in his/her life. What has been or could be done about the situation of the child. c.

Acceptance of the community to the CICL. f. g. 43 . h.e. Responsiveness and involvement of the members to provide and sustain emotional support to one another especially to the child victim. Family members’ moral conduct. Communication patterns among family members.

4. .2. Formulate treatment plan in agreement with the CICL and or his/her family/relatives. provide after44 care services. when necessary. If CICL is discharged from center. 6. 5. Explore other forms of alternative parental care. Implement treatment plan in coordination with BCPC members. Monitor and evaluate progress. other disciplines and other center staff. if in an institution. 3. Terminate helping relationship if desired behavior or changes achieved.

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