MODULE 5
SOCIOLOGY OF CRIMES & ETHICS WITH HUMAN RELATIONS
JUVENILE DELINQUENCY AND CRIME PREVENTION
PREPARED By:
JOHN MICHAEL DIONISIO, RCRIM, MSCJ, CSP
DELINQUENCY IN GENERAL
✓ Delinquency refers to any action; course or conduct that
deviates from acts approved by the majority of people.
✓ Delinquency, therefore, is a general term for any
misconduct or misbehavior that is tantamount to felony or
offense.
✓ It is a description of those acts that do not conform to the
accepted rules, norms and mores of the society
(sociological definition)
✓ It is, however distinct from crime in the sense that the former
may be in the form of violation of law, ordinance or rule but it
is punishable only by a small fine or short-term
imprisonment or both.
✓ Legally speaking, delinquency means the failure to perform
an act required by law, or the non-performance of a duty or
obligation that is mandated by existing law or rule.
DELINQUENT
✓ A delinquent person is one who repeatedly commits an act
that is against the norms or mores observed by the society.
✓ When a person habitually commits an act that is not in
accordance with the rules or policies of a community where
he belongs, he is considered a delinquent.
JUVENILE DELINQUENT
✓ Juveniles are young people who are regarded as immature
or one whose mental as well as emotional faculties are not
fully developed thus making them incapable of taking full
responsibility of their actions.
✓ In legal points, the term juvenile is a person subject to
juvenile court proceedings because of a statutorily defined
event or condition caused by or affecting that person and was
alleged to have occurred while his or her age was below
the specified age limit.
✓ In view of the above, juvenile delinquents are youthful
offenders and have been adjudicated as such by the
court of proper jurisdiction.
✓ The term should only be applied to children who commits
criminal offenses and is in need of supervision or treatment.
JUVENILE DELINQUENCY
✓ The term juvenile delinquency is used to describe a large
number of disapproved behaviors of children or youths.
✓ In this sense, almost anything that the youth does which
others do not like is called juvenile delinquency.
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✓ Juvenile Crime, in law, term denoting various offences
committed by children or youths under the age of 18.
✓ Such acts are sometimes referred to as juvenile
delinquency
DEFINITION OF TERMS
ABANDONMENT - The most common legal grounds for
termination of parental rights, also a form of child abuse in most
states. Sporadic visits, a few phone calls, or birthday cards are
not sufficient to maintain parental rights. Fathers who manifest
indifference toward a pregnant mother are also viewed as
abandoning the child when it is born.
ABUSE - Term for acts or omissions by a legal caretaker.
Encompasses a broad range of acts, and usually requires proof
of intent.
ADJUDICATION - The phase of a delinquency hearing similar to
a "trial" in adult criminal court, except that juveniles have no right
to a jury trial, a public trial, or bail.
ADOPTION - A legal relationship between two people not
biologically related, usually terminating the rights of biological
parents, and usually with a trial "live-in" period. Once an adoption
is finalized, the records are sealed and only the most compelling
interests will enable disclosure of documents.
BEST INTERESTS OF THE CHILD RULE - Legal doctrine
establishing court as determiner of best environment for raising
child. An alternative to the Parens Patriae Doctrine.
BREED v. JONES (1975) - Case allowing second prosecution in
adult court for conviction in juvenile court, based on idea that first
conviction was a "civil" matter.
CHILD PROTECTION ACTION - The filing of legal papers by a
child welfare agency when its investigation has turned up
evidence of child abuse. This is a civil, rather than criminal, charge
designed to take preventive action (like appointment of a
Guardian ad litem) for at-risk children before abuse occurs.
CHILD SUPPORT – the act of being responsible for enforcing
child support obligations.
CHILD VICTIMS' AND CHILD WITNESS' RIGHTS - A 1990
federal law allowing courts to take extraordinary steps in
protecting the emotional health of any child called to testify in a
courtroom.
CHINS (Child In Need of Supervision) - A term applied to status
offenders adjudicated in juvenile court.
CIVIL PROTECTION ORDER - A form of protective custody in
which child welfare or police agencies order an adult suspected
of abuse to leave the home.
CUSTODIAL CONFINEMENT - Court order for placement in a
secure facility, separate from adults, for the rehabilitation of a
juvenile delinquent.
DELINQUENCY PROCEEDING - Court action to officially declare
someone a juvenile delinquent. A "delinquent" is defined as under
the age of majority who has been convicted in juvenile court of
something that would be classified as a crime in adult court.
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DEPENDENT - Anyone under the care of someone else. A child
ceases to be a dependent when they reach the age of
emancipation.
DISPOSITION - Phase of delinquency proceeding similar to
"sentencing" phase of adult trial. The judge must consider
alternative, innovative, and individualized sentences rather than
imposing standard sentences.
DIVERSION - An alternative to trial decided upon at intake to refer
the child to counseling or other social services.
EMANCIPATION - Independence of a minor from his or her
parents before reaching age of majority. It is the freedom from
parental authority, both over his person and property. Happens
upon reaching the age of eighteen years
STATUS OFFENSE-certain acts or omissions which may not be
punishable socially or legally if committed by adults but become
anti-social or illegal because the offender is a minor, such as:
a) truancy, or frequent, unreasonable absenteeism from
school
b) use of profane language
c) running away from home
d) smoking and drinking alcoholic beverages
e) disobedience to parents, guardians or school officials
f) mendicancy or begging in the streets
g) association with delinquent gangs
ANTI-SOCIAL BEHAVIOR - characterized by disobedience to, or
disrespect for, authorities
PARENS PATRIAE (“father of the country”)
- Legal doctrine establishing "parental" role of state over
welfare of its citizens, especially its children. A 19th
century idea first articulated in Prince v. Massachusetts
(1944).
- the doctrine that does not consider delinquent acts as
criminal violation, thus making delinquents non-criminal
persons and cannot be found guilty of a crime and
punished like an adult criminal
- views minor who violate the laws as victims of improper
care, custody and treatment at home
- assumption by the State of the role of guardian over
children whose parents are deemed incapable or
unworthy
- the authority of the state to act on behalf of the children
EQUAL PROTECTION – A clause requiring government to treat
similarly situated people the same or have good reason for
treating them differently. Compelling reasons are considered to
exist for treating children differently.
FAMILY IMMUNITY DOCTRINE - Legal doctrine preventing
unemancipated children from suing their parents.
FAMILY PURPOSE DOCTRINE - Legal doctrine holding parents
liable for injuries caused by a child's negligent driving or other
actions.
FOSTER CARE - Temporary care funded via Federal-State pass-
through and arranged by a child welfare agency in order to allow
receipt of adequate food, clothing, shelter, education, and medical
treatment for anyone raising a child that is not their own.
GUARDIAN AD LITEM - Phrase meaning "For the Proceeding"
referring to adults who look after the welfare of a child and
represent their legal interests.
GUARDIANSHIP - Court order giving an individual or
organization legal authority over a child. A guardian of the person
is usually an individual and the child is called a ward. A guardian
of the estate is usually an organization, like a bank, which
manages the property and assets of a child's inheritance.
Guardians are usually compensated for their services.
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ILLEGITIMACY - Being born to unmarried parents. The law
assumes legitimacy via a married mother's husband, whether or
not this is the true father. Illegitimacy status limits inheritance
rights.
IN LOCO PARENTIS - Teachers, administrators, and babysitters
who are viewed as having some temporary parental rights &
obligations.
IN RE GAULT (1967) – (US) - Case that determined the
Constitution requires a separate juvenile justice system with
certain standard procedures and protections, but still not as many
as in adult systems.
INTAKE - Procedure prior to preliminary hearing in which a group
of people (intake officer, police, probation, social worker, parent
and child) talk and decide whether to handle the case formally or
informally.
JUDGMENT - Any official decision or finding of a judge or
administrative agency hearing officer upon the respective rights
and claims of parties to an action; also known as a decree or
order..
MATERNAL PREFERENCE RULE - Legal doctrine granting
mothers custodial preference after a divorce.
NEGLECT - Parental failure to provide a child with basic
necessities when able to do so. Encompasses a variety of forms
of abuse that do not require the element of intent.
PATERNITY - Result of lawsuit forcing a reluctant man to assume
obligations of fatherhood. Blood and DNA tests showing a 98 or
99 percent likelihood are the standard. Laws vary widely in terms
of statutes of limitations and when paternity actions will not be
allowed (estoppels).
PLEADING - In juvenile court, a plea of "not guilty" will move the
case to adjudication, and a plea of "guilty" or "nolo contendere"
will result in waiver of the right to trial. State procedures vary
widely in how intelligent and voluntary pleas are accepted.
PSYCHOLOGICAL PARENT DOCTRINE - Legal doctrine
granting custody to the parent whom the child feels the greatest
emotional attachment to.
RESTITUTION - A disposition requiring a defendant to pay
damages to a victim. The law prohibits making restitution a
condition of receiving probation. Poor families cannot be deprived
of probation simply because they are too poor to afford restitution.
Some states do not allow families to pay restitution.
RULE OF SIXTEEN – (US) - Federal and state laws that prohibit
anyone under age 16 from employment.
STEPPARENT - A spouse of a biological parent who has no legal
rights or duties to the child other than those which have been
voluntarily accepted.
SURROGATE PARENT - A parent who provided an egg, sperm,
or uterus with an intent of giving the child up for adoption to
specific parties.
TENDER YEARS DOCTRINE - Legal doctrine that unless the
mother is "unfit", very young children should be placed in custody
with their mother following a divorce.
TERMINATION HEARINGS - Process for legally severing the
parent-child relationship. Initiated by the filing of a petition in
family court, and almost always brought forth by a child welfare
agency. Requires a finding of "unfitness" and a determination of
the best interests of the child.
UNFIT PARENT - A temporary or permanent termination of
parental rights in the best interest of the child usually for reasons
of abandonment, abuse, or neglect, but also including mental
illness, addiction, or criminal record. Poverty alone and character
flaws are prohibited by law from being indicators of "unfitness".
BRIEF HISTORY OF JUVENILE DELINQUENCY
THE HARSH BEGINNING
✓ Children were viewed as non-persons until the 1700's.
✓ They did not receive special treatment or recognition.
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 ✓ Discipline then is what we now call abuse.
✓ Infant and child mortality were high.
✓ It did not make sense to the parents in those days to create
an emotional bond with children.
✓ There was a strong chance that the children would not
survive until adulthood.
"The Enlightenment" (18th Century)
✓ Appeared as a new cultural transition.
✓ This period of history is sometimes known as the beginning
of reason and humanism.
✓ People began to see children as flowers, which needed
nurturing in order to bloom.
✓ It was the invention of childhood, love and nurturing instead
of beatings to stay in line.
✓ Children had finally begun to emerge as a distinct group.
✓ It started with the upper-class, who were allowed to attend
colleges and universities.
✓ Generally, the immature were not considered morally
responsible for their behavior.
✓ Under the Code Napoléon in France, for example, limited
responsibility was ascribed to children under the age of 16.
✓ The punishment of juvenile offenders was often severe until
the 19th century.
PRIOR TO THE 20TH CENTURY
✓ juvenile offenders were often treated as adults.
✓ The first development contrary to this in the United
Kingdom was the establishment of Borstal training
center in place of normal imprisonment, which was
intended to build up the offender's character.
✓ They were unsuccessful, and since the 1960s, policy has
been directed away from the detention of young
offenders towards treatment in the community,
beginning with avoiding court altogether.
✓ The police are encouraged to caution juveniles who
admit an offence, unless they are persistent offenders.
✓ When juvenile offenders are dealt with more formally,
they are tried by a dedicated juvenile court, having as
little contact with the mainstream system as possible.
✓ There is considerable emphasis on parental
responsibility, and the parents may be ordered to pay
the juvenile's fine, or be liable to pay a sum of money if
the child is in trouble again.
✓ If the courts need to punish juveniles, they can utilize
community sentences.
✓ Those aged 15 and over may also be sentenced to
probation orders (supervision), community service
orders (compulsory work under supervision), or a
combination of both.
✓ If juveniles are to be detained, those aged 15 or over
may be held in a young offender institution for between
2 and 12 months.
✓ Younger offenders can only be detained in the most
serious of cases, and there are national units to deal
with them. All Offenders aged 10 to 13 can be detained
only if convicted of manslaughter or murder.
HISTORY OF JUVENILE JUSTICE
ENGLISH SYSTEM
POOR LAWS
✓ in 1535, statutes which mandated the appointed of overseers
who placed destitute or neglected children with families
who then trained them in agricultural, trade or domestic
services; this practice is called indenture
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✓ in 1601, a system was created wherein church workers with
the consent of justice of the peace identified vagrant,
delinquent and neglected children and took measures to
put them to work; these children were placed in workhouses
until their adulthood
CHANCERY COURTS
✓ protected the property rights and welfare of minor
children who could not care for themselves
✓ the courts dealt with issues of guardianship and the use
and control of property
✓ the courts operated under the parens patriae philosophy
which held that children were under the protective control of
the state
AMERICAN SYSTEM
- the practice of indenture and chancery courts in
England were adopted by the states of Virginia,
Connecticut and Massachusetts, however, those
youths who committed serious criminal offenses
continued to be tried in the same courts as adults
- middle-class civic leaders, who referred to themselves
as CHILD SAVERS began to develop organizations and
groups to help alleviate the burdens of the poor and
immigrants by sponsoring shelter care for youths,
educational and social activities and the development of
settlement houses; this was called the CHILD SAVING
MOVEMENT
- they are responsible for creating a number of programs
for indigent youths, including the New York House of
Refuge, a reformatory, which began operations in 1825
- the House of Refuge was created to protect indigent
youths who were at risk to crime by taking them off the
streets and reforming them in a family-like environment
- the first comprehensive juvenile court was established in
Illinois in 1899 through the passage of the Illinois
Juvenile Court Act of 1899 which set up an
independent court to handle criminal law violations by
children under sixteen (16) years of age, as well as to
care for neglected, dependent, and wayward youths
- the purpose of the act was to separate juveniles from
adult offenders and provide a legal framework in which
juveniles could get adequate care and custody
JUVENILE COURT - a court that has original jurisdiction over
persons defined by statute as juveniles and alleged to be
delinquents or status offenders
THREE TYPES OF DELIQUENCY
1. ENVIRONMENTAL DELINQUENTS - characterized by
occasional law-breaking
2. EMOTIONALLY MALADJUSTED DELINQUENTS -
characterized by chronic law-breaking, a habit which this type
cannot avoid or escape from
3. PSYCHIATRIC DELINQUENTS - characterized by serious
emotional disturbances within the individual and in some
cases associated with tendencies towards mental illness
TYPES OF DELINQUENT YOUTH
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 1. SOCIAL - an aggressive youth who resents authority of
anyone who makes an effort to control his behavior
2. ASOCIAL - one whose delinquent acts have a cold, brutal
and vicious quality for which the youth feels no remorse
3. NEUROTIC - one who has internalized his conflicts and is
preoccupied with his own feelings
4. ACCIDENTAL - one who is essentially sociable and law-
abiding but happens to be at the wrong time and place and
becomes involved in delinquent acts not typical of his
general behavior
GENERAL APPROACHES IN THE STUDY OF DELINQUENCY
1. BIOGENIC APPROACH - gives an explanation that law
violations and delinquency are a result of some physical
defects
2. PSYCHOGENIC APPROACH - argues that the critical
factors in delinquency are personality problems to which
misbehavior is presumed to be the response
3. SOCIOGENIC APPROACH - attributes delinquency pattern
to social structures; views youthful misdeed as a result of a
learning process through interactions with other members of
society
In general, the approaches in the study of crime are:
1. subjective approach,
2. objective approach and
3. The contemporary approach.
SUBJECTIVE APPROACHES
It deals mainly on the biological explanation of crimes,
focused on the forms of abnormalities that exist in the individual
criminal before, during and after the commission of the crime
(Tradio, 1999). Included under this approach are:
1. ANTHROPOLOGICAL APPROACH – the study on the
physical characteristics of an individual offender with non-
offenders in the attempt to discover differences covering
criminal behavior (Hooton).
2. MEDICAL APPROACH - the application of medical
examinations on the individual criminal explain the mental
and physical condition of the individual prior and after the
commission of the crime (Positivist).
3. BIOLOGICAL APPROACH –the evaluation of genetic
influences to criminal behavior. It is noted that heredity is one
force pushing the criminal to crime (Positivist).
4. PHYSIOLOGICAL APPROACH – the study on the nature of
human being concerning his physical needs in order to satisfy
his ants. It explains that the deprivation of the physical body
on the basic needs is an important determiner of the
commission if crime (Maslow).
5. PSYCHOLOGICAL APPROACH – it is concerned about the
deprivation of the psychological needs of man, which
constitute the development of deviations of normal behavior
resulting to unpleasant emotions (Freud, Maslow).
6. PSYCHIATRIC APPROACH – the explanation of crime
through diagnosis of mental diseases as a cause of the
criminal behavior (Positivist).
7. PSYCHOANALYTICAL APPROACH – the explanation of
crimes based on the Freudian Theory, which traces behavior
as the deviation of the repression of the basic drives (Freud).
OBJECTIVE APPROACHES
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The objective approaches deal on the study of groups, social
processes and institutions as influences to behavior. They are
primarily derived from social sciences (Tradio, 1999). Under this
are:
1. GEOGRAPHIC APPROACH – this approach considers
topography, natural resources, geographical location,
and climate lead an individual to commit crime
(Quetelet).
2. ECOLOGICAL APPROACH – it is concerned with the
biotic grouping of men resulting to migration,
competition, social discrimination, division of labor and
social conflict as factors of crime (Park).
3. ECONOMIC APPROACH – it deals with the explanation
of crime concerning financial security of inadequacy and
other necessities to support life as factors to criminality
(Merton).
4. SOCIO – CULTURAL APPROACH – those that focus
on institutions, economic, financial, education, political,
and religious influences to crime (Cohen).
CONTEMPORARY APPROACHES
Modern days put emphasis on scientific modes of
explaining crime and criminal behavior. This approach is focused
on the psychoanalytical, psychiatric and sociological explanations
of crime in an integrated theory – an explanatory perspective that
merges concepts drawn from different sources (Schmalleger,
1997).
CAUSES OF BEHAVIORAL DISORDERS
1. PREDISPOSING FACTORS - Internal propensities which
may not be considered as criminal unless the attempt was
made.
2. PRECIPITATING FACTORS - Conditions and elements
which provoke crimes such as personal problems, curiosity,
ignorance, necessities, diseases, traumatic experiences and
the like.
CONTRIBUTORY FACTORS IN JUVENILE DELINQUENCY
SCHOOL
- considered the second home of a child, with teachers as
the second parents
- institution responsible for the training of young person’s
intellectual, moral, as well as social skills which they need
for them to grow up as productive, law-abiding and
responsible citizens
Instances of deviant conduct attributed to school inadequacy:
b. failure of teachers to detect and address problems of
children and report such problems to the parents
c. poor academic atmosphere
d. membership in school gangs or development of
friendships with the wrong crowd
e. lack of facilities for curricular and extra-curricular
activities
f. failure of teachers in character development of the
students
g. failure to actually finish school, resulting to being out-
of-school youths with a lot of time to waste and do
unproductive activities
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 h. failure to get gainful employment due to lack of
sufficient education
POVERTY
- the fact is that nearly 22 percent of children under the age
of eighteen live in poverty.
- Poverty, in absolute terms, is more common for children
than for any other group in society.
- Adolescents from lower socioeconomic status (SES)
families regularly commit more violence than youth from
higher SES levels.
- Social isolation and economic stress are two main
products of poverty, which has long been associated with
a number of D-words like disorganization, dilapidation,
deterioration, and despair.
- Pervasive poverty undermines the relevance of school
and traditional routes of upward mobility. Poverty breeds
conditions that are conducive to crime.
FAMILY FACTORS
- One of the most reliable indicators of juvenile crime is the
proportion of fatherless children.
- The primary role of fathers in our society is to provide
economic stability, act as role models, and alleviate the
stress of mothers.
- Probably the most important thing that families impart to
children is the emphasis upon individual accountability and
responsibility in the forms of honesty, commitment, loyalty,
respect and work ethic.
- Most of the broken home literature, for example, shows
only weak or trivial effects, like skipping school or home
delinquency.
- Another area, the desistance literature, shows only that
children from two-parent families age-out of crime earlier.
- In fact, there is more evidence supportive of the hypothesis
that a stepparent in the home increases delinquency,
or that abuse and neglect in fully-intact families lead to a
cycle of violence.
- Females from broken homes commit certain offenses while
males from broken homes commit other kinds of offenses.
- Most research results are mixed, and no clear causal
family factors have emerged to explain the correlation
between fatherlessness and crime, but it is certainly unfair
to blame single mothers, their parenting skills, or their
economic condition for what are obviously more complex
social problems.
TYPES OF FAMILY AS TO POWER COTROL (HAGAN)
1. PATRIARCHAL – the father controls and holds the decision
making in the family.
2. MATRIARCHAL – the mother controls and acts as the
decision maker in the family.
3. EGALITARIAN – the father and the mother share similar and
equal roles in the family both in control and decision making.
TYPES OF FAMILY STRUCTURE
1. NUCLEAR FAMILY - consists of father, mother and children
2. EXTENDED FAMILY - consists of father, mother, children,
grandparents, uncles and aunts, cousins, nephews and
nieces, and in-laws
3. BLENDED FAMILY – mixing of two families brought by
divorce or remarriage.
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TYPES OF PARENTS AS TO MODES OF PARENTING
1. AUTHORITATIVE PARENTS – warm and responsive,
clear rules, high expectations, supportive and value
independence. Children tends to have higher academic
performance, more self-esteem, better social skills, less
mental illness and lower delinquency
2. AUTHORITARIAN PARENTS – Less warmth and
nurturing, high expectations but low responsiveness and
mistakes are punished harshly and expect blind obedience.
A child tends to have lower academic performance, low
self-esteem, poorer social skills, mental illness, drug and
alcohol abuse and delinquency.
3. INDULGENT OR PERMISSIVE PARENTS – warm and
responsive, few or no rules, indulgent, lenient. Children
may be having impulsive behavior, egocentric, poorer
social skills and problematic relationship.
4. INDIFFERENT OR NEGLECTFUL PARENTS – cold and
unresponsive, no rules, uninvolved, indifferent. Children can
be impulsive, cannot self-regulate emotions, encounter more
delinquency and addiction problems and may have more
mental issues like suicidal behavior.
Ideally, a home must have the following:
a. STRUCTURAL COMPLETENESS - presence of both
father and mother
b. ECONOMIC SECURITY - capability to provide for the
basic needs and wants
c. CULTURAL CONFORMITY - typical family beliefs and
practices
d. MORAL CONFORMITY - moral uprightness, Christian way
of living
e. PHYSICAL AND PSYCHOLOGICAL NORMALCY
f. EMOTIONAL ADEQUACY - affection, support, love and
care between faulty members
FACTORS IN THE HOME LIFE THAT MAY CAUSE
DELINQUENCY
a. faulty development of the child
b. lack of parental guidance
c. parental rejection
d. broken homes
e. lack of love
f. unfair treatment
g. too harsh discipline by either or both parents
h. too much leniency by either or both parents
i. unfavorable parental example
ENVIRONMENT
- The idea that all behavior is learned behavior is associated
with environmental explanations.
- The study of environmental factors, on the other hand, is
concerned primarily with social considerations. While
violence may be part of everyone's behavioral repertoire, the
temptations (triggers, cues) to do it are embedded (lodged,
locked, firmly put in place) with social networks
(relationships and situations) that more or less make this kind
of behavior seem acceptable at the moment.
- The unfortunate truth is that, in many places, there are a
growing number of irresistible temptations and
opportunities for juveniles to use violence.
- Under circumstances like these, the peer pressure and
reward systems are so arranged that fighting seems like the
only way out.
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- Most of the recent research in this area revolves around
"neighborhood" factors, such as the presence of gangs,
illicit drug networks, high levels of transiency, lack of
informal supports, etc. Gang-infested neighborhoods, in
particular, have no effective means of providing informal
supports that would help in resisting the temptations to
commit crime.
- Such neighborhoods would more likely have an informal
encouragement policy, with five or more places where you
could buy a gun and drugs available to give you the courage
to use the gun.
- In such neighborhoods, families, school authorities, and even
community organizations are often incapable of providing
any protection for children. There are no peer-level social
supports to reinforce the conventional lifestyles that these
agencies want their children to emulate.
SCHOOL
- Considered the second home of a child, with teachers as
the second parents
- A public instrument for training young people.
- Institution that responsible for the training of young persons
intellectual, as well as social skills which they need for
them to grow up as productive, law- abiding and responsible
citizens.
EDUCATIONAL PROBLEMS
1. TRUANCY - frequent, unreasonable absenteeism from
school; being out of school without permission for 20 days or
more.
2. DROPPING OUT – leaving the school before completing the
required program of education.
3. UNDERACHIEVERS – those who fail to meet expected
levels of school achievement
4. SCHOOL FAILURE – failing to achieve success in school
can result in frustration, anger and reduced self-esteem,
which may contribute to delinquent behavior.
MEDIA INFLUENCE
✓ Popular explanations of juvenile crime often rest on ideas
about the corrupting influence of television, movies,
music videos, video games, rap/hip hop music, or the
latest computer games.
✓ The fact is that TV is much more pervasive, and has
become the de facto babysitter in many homes, with little
or no parental monitoring. Where there is strong parental
supervision in other areas, including the teaching of moral
values and norms, the effect of prolonged exposure to
violence on TV is probably quite minimal.
✓ When TV becomes the sole source of moral norms and
values, this causes problems. Our nation's children watch
an astonishing 19,000 hours of TV by the time they finish
high school, much more time than all their classroom hours
put together since first grade. By eighteen, they will have
seen 200,000 acts of violence, including 40,000 murders.
PEERS AND DELINQUENCY
ADOLESCENT PEER RELATIONS
Although parents are the primary source of influence
and attention in children’s early years, adolescent seek out a
stable peer group and both the number and the variety friendships
increase.
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CLIQUES - small groups of friends who share intimate knowledge
and confidences
CROWD - Loosely organized groups who share interests and
activities
CONTROVERSIAL STATUS YOUTH - Aggressive kids who
either liked or intensely disliked by their peers and who are the
ones most likely to become engaged in anti-social behavior
GANG - Groups of youths who collectively engage in delinquent
behaviors. Groups of young people whose members meet
together with some regularity, on the basis of group-defined
criteria of membership and group defined organizational
characteristics (James Short)
An interstitial group originally formed spontaneously and
then integrated through conflict. (Frederick Thrasher)
GRAFFITI - Inscriptions or drawings made on a wall or structure
& used by delinquents for gang messages and turf definition.
POSTING - A system of positions, facial expressions & body
language used by gang members to convey a message
REPRESENTING - Tossing or flashing gang signs in the
presence of rivals, often escalating into a verbal or physical
confrontation.
DEVELOPMENT OF JUVENILE JUSTICE IN THE
PHILIPPINES
1. PD 1619 – Volatile Substance Law
2. PD 603 – Child and Youth Welfare Code
3. RA 10630 – the law that amended RA 9344.
4. RA 6809 – law amending the age of majority
5. RA 7610 – Anti-Child Abuse Law
6. RA 8043 – Inter-country Adoption Law
7. RA 8552 – Domestic Adoption Law
8. RA 9208 – Anti-Trafficking in Persons Act
9. RA 9211 – Tobacco Regulation Law
10. RA 9231 – law amending RA 7610 on working children
11. RA 9255 – law on the use of father’s surname of illegitimate
children
12. RA 9262 – Anti-Violence Against Women and their Children
13. RA 9344 - Juvenile Justice and Welfare Act
14. RA 9523 – law amending the laws on adoption
15. RA 9775 – Anti-Child Pornography Act
IMPORTANT PROVISIONS OF PD 603
PD 603 – THE CHILD AND YOUTH WELFARE CODE
- approved on 10 December 1974
- Effectivity date is 10 June 1975 (six months after approval)
- shall apply to persons under eighteen (18) years of age
PARENTAL AUTHORITY (PATRIA POTESTAS)
- the sum total of the rights of the parents over the person and
property of their child
- the exercise of which has no distinction between a legitimate
and an illegitimate child
- the father and the mother shall exercise jointly just and
reasonable parental authority and responsibility over their
legitimate or adopted children
- in case of death of either parent, the surviving parent shall
exercise sole parental authority
- in case of disagreement, the father’s decision shall prevail
unless there is a judicial order to the contrary
UPDATED 2021
PARENTAL RESPONSIBILITY - the sum total of the duties and
obligations of parents over their minor children
LIABILITIES OF PARENTS - parents and guardians are
responsible for the damage or injury caused by the child under
their parental authority
LEGAL CUSTODY - in case of separation of parents, no child
under SEVEN (7) YEARS OF AGE shall be separated from his
mother unless the court decides otherwise
GUARDIANSHIP - a trust relation of the most sacred character,
in which one person, called a guardian, acts for another, called a
ward, regarded as incapable of managing his own affairs
SUBSTITUTE PARENTAL AUTHORITY - in case of absence or
death of both parents, substitute parental authority shall be given
to the following, in order of priority:
1. grandparents
2. oldest brother or sister at least 21 years of age
3. relative who has actual custody of the child/guardian duly
appointed by the court
COMMENCEMENT OF CIVIL PERSONALITY - the CIVIL
PERSONALITY of the child shall commence from the MOMENT
OF CONCEPTION
CONCEPTION
- the start of life
- the union of the sperm cell and the egg cell
- also called the process of fertilization
CIVIL PERSONALITY - pertains to the identity and recognition of
an individual as person having rights; shall commence from the
moment of conception, thus all children shall have the right to be
born and the right to live
ABORTION - the expulsion of the fetus from the mother’s womb
KINDS OF ABORTION
1. CRIMINAL ABORTION
- classified as intentional or unintentional as provided
by the Revised Penal Code
- punishable by law
2. THERAPEUTIC ABORTION
- recommended and performed by a certified
physician when there are health risks and
complications
- not punishable by law
LEGAL CLASSIFICATION OF CHILD
1. LEGITIMATE - born inside the marriage.
2. ILLEGITIMATE - born outside the marriage.
3. LEGITIMATED - illegitimate child rose to the status of a
legitimate child by subsequent marriage of his parents.
4. ADOPTED - a person who is raise to the status of legitimacy
through adoption (juridical act).
CATEGORIES OF CHILDREN
1. DEPENDENT - one who is without a parent, guardian or
custodian, or whose parents, guardian or other custodian for
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good cause desire to be relieved of his care and custody and
is dependent upon the public for support
2. ABANDONED - one who had no proper parental care or
guardianship or whose parents or guardians have deserted
him for a period of at least six consecutive months (PD 603)
- refers to a child who has no proper parental care or
guardianship, or whose parents have deserted him or
her for a period of at least three (3) continuous months
(RA 9523)
3. NEGLECTED
- one whose basic needs have been deliberately
unattended or inadequately attended
- a child is unattended when left by himself without
provision for his needs and without proper supervision.
Neglect may occur in two ways:
a. PHYSICAL NEGLECT - Malnourishment,
untidy and damaged clothing, no shelter
b. EMOTIONAL NEGLECT - maltreated, raped,
seduced, abused, exploited, made to work
under conditions not conducive to good health
or placed in moral and physical danger
4. MENTALLY-RETARDED
- socially incompetent, socially inadequate, occupationally
incompetent and unable to manage their own affairs
- mentally sub-normal
- retarded intellectually from birth or early age
- retarded at maturity
- mentally deficient as a result of constitutional origin
through heredity or disease
- essentially incurable
5. PHYSICALLY-HANDICAPPED
- crippled, deaf-mute, blind and other conditions which
restrict their means of action or communication with
others
6. EMOTIONALLY-DISTURBED
- 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
- may be caused by traumatic experiences
7. MENTALLY-ILL - those with any behavioral disorder,
whether functional or organic, which is of such a degree of
severity as to require professional help or hospitalization
8. DISABLED - includes mentally-retarded, physically
handicapped, emotionally-disturbed and mentally-ill children
IMPORTANT PROVISIONS OF THE LAWS ON ADOPTION
ADOPTION = an act by which relations of paternity and filiations
are recognized as legally existing between persons not so related
by nature; the taking into one’s family of the child of another, as
son or daughter and heir, and conferring on it a title to the rights
and privileges of such
FILIATION - the acknowledgment of the father of his relationship
with the child; also called paternity
BIOLOGICAL CHILD - natural-born child of the parents
ADOPTED CHILD - a child who underwent the judicial process of
adoption
UPDATED 2021
FOUNDLING - refers to a deserted or abandoned infant or child
whose parents, guardian or relatives are unknown
CHILD AND YOUTH WELFARE SERVICES
1. CHILD CARING INSTITUTION - 24 hours resident group
care service for P.M.S. and S well-being of nine or more
mentally gifted, dependent, abandoned, neglected,
handicapped or disturbed children or youthful offender.
2. DETENTION HOME - twenty-four short term resident care for
youthful offenders waiting for court disposition.
4. SHELTER CARE - provides temporary protection and
care to children requiring emergency reception.
5. RECEIVING HOME - family type homes proving shelter for
ten to twenty days who shall be under observation and study
for eventual placement by the DSWD. In no case shall
children exceed nine. And not more than two of them shall be
under three years of age.
6. NURSERY - a child-caring institution that provides care for
six or more children below six years old for all or part of a
twenty-four hour day.
7. MATERNITY HOME - for pregnant woman and her infant
before, during and after delivery custody
8. REHABILITATION CENTER - rehabilitates youthful offender
and other disturbed children
9. RECEPTION AND STUDY CENTER - for study, diagnosis,
and temporary treatment of children with behavioral
problems.
10. CHILD PLACING AGENCY - assumes the care, custody,
protection and maintenance of children for placement in any
child caring institution.
RA 8552 – DOMESTIC ADOPTION ACT OF 1998
- approved on 25 February 1998
ADOPTER - the person adopting or petitioning for the adoption of
a child
ADOPTEE - the child or person being petitioned for adoption
CHILD LEGALLY AVAILABLE FOR ADOPTION
a child who has been voluntarily or involuntarily
committed to the DSWD or to a duly licensed and accredited
child-placing or child-caring agency, freed of the parental
authority of his or her biological parents or guardians or
adopter, in case of rescission
Refers to a child in whose favor a certification was issued
by the DSWD that he or she is legally available for adoption after
the fact of abandonment or neglect has been proven through the
submission of pertinent documents, or one who was voluntarily
committed by his or her parents or legal guardian (RA 9523)
VOLUNTARILY-COMMITTED CHILD - one whose parents or
legal guardian knowingly and willingfully relinquished parental
authority to the DSWD or any duly accredited child-placement or
child caring agency or institution
CHILD-CARING AGENCY OR INSTITUTION - refers to a private
non-profit or government agency duly accredited by the DSWD
that provides twenty-four (24) hour residential care services for
abandoned, neglected, or voluntarily committed children (RA
9523)
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CHILD-PLACING AGENCY OR INSTITUTION - refers to a
private non-profit institution or government agency duly
accredited by the DSWD that receives and processes applicants
to become foster or adoptive parents and facilitate placement of
children eligible for foster care or adoption
WHO MAY ADOPT?
1. any Filipino citizen of legal age at least sixteen (16) years
older than the adoptee unless the adopter is the biological
parent of the adoptee, or is the spouse of the adoptee’s
biological parent
2. any alien possessing the same qualifications as that of a
Filipino citizen, who has been living in the Philippines for at
least three (3) consecutive years, and whose country has
diplomatic relations with the Philippines
WHO MAY BE ADOPTED?
1. any person below eighteen (18) years of age judicially
declared available for adoption
2. the legitimate son or daughter of one spouse by the other
spouse
3. an illegitimate son or daughter by a qualified adopter to
improve his or her status to that of legitimacy
4. a person of legal age if prior to the adoption, said person has
been consistently considered and treated by the adopter as
his or her own child since minority
5. a child whose adoption has been previously rescinded
6. a child whose biological or adoptive parents has died, but
proceedings may only be initiated after six (6) months from
the time of the death of the parents
SUPERVISED TRIAL CUSTODY - a period of time within which
a social worker oversees the adjustment and emotional readiness
of both adopter and adoptee in stabilizing their filial relationship.
The period is at least six (6) months
RESCISSION OF ADOPTION - the nullification of the adoption.
Adoption shall not be subject to rescission by the adopter
GROUNDS FOR RESCISSION OF ADOPTION
1. repeated physical and verbal maltreatment by the adopter
despite having undergone counseling
2. attempt on the life of the adoptee
3. sexual assault or violence
4. abandonment and failure to comply with parental obligations
RA 8043 – INTER-COUNTRY ADOPTION ACT OF 1995
- approved on 7 June 1995
INTER-COUNTRY ADOPTION - the socio-legal process of
adopting a Filipino child by a foreigner or a Filipino citizen
permanently residing abroad where the petition is filed, the
supervised trial custody is undertaken and the decree of adoption
is issued outside the Philippines
INTER-COUNTRY ADOPTION BOARD - acts as the central
authority in matters relating to inter-country adoption
UPDATED 2021
 - shall act as the policy-making body for purposes of
carrying out the provisions of RA 8043, in consultation
and coordination with the DSWD
- headed by the Secretary of the DSWD as ex officio
chairman and six (6) members to be appointed by the
President, with a term of office of six (6) years
WHO MAY ADOPT?
1. any alien or a Filipino citizen permanently residing abroad
2. at least twenty-seven (27) years of age
3. at least sixteen (16) years older than the adoptee unless
the adopter is the parent by nature of the adoptee or the
spouse of such parent
4. coming from a country with whom the Philippines has
diplomatic relations
5. possesses all the qualifications provided in other
applicable Philippine laws
WHERE TO FILE APPLICATION
1. the Philippine Regional Trial Court; or
2. the Inter-Country Adoption Board, through an
intermediate agency in the country of the prospective
adoptive parents
SUPERVISED TRIAL CUSTODY - shall be at least six (6) months
IMPORTANT PROVISIONS OF RA 9523
RA 9523 – the law giving DSWD the sole authority to issue
the certification declaring a child legally available for
adoption
- amended provisions of RA 8552 and RA 8043
- approved on 12 March 2009
IMPORTANT PROVISIONS OF RA 7610
RA 7610 – SPECIAL PROTECTION OF CHILDREN AGAINST
CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT
- approved on 17 June 1992
- this law is also commonly referred to as the Anti-Child Abuse
Act
RA 7658 – amendatory law to RA 7610
- approved on 9 November 1993
- this law amended the provisions of RA 7610 regarding
working children
- this law was further amended by RA 9231
CHILD ABUSE - refers to maltreatment, whether habitual or not,
of the child
FORMS OF CHILD ABUSE
1. CRUELTY – refers to any word or deed which debases,
degrades or demeans the intrinsic worth and dignity of the
child as human being
2. NEGLECT – means failure to provide, for reasons other than
poverty, the basic needs of the child, such as food, clothing,
medical care, shelter and basic education
3. PHYSICAL INJURY – includes but is not limited to
lacerations, fractured bones, burns, internal injuries, severe
injuries, or serious bodily harm suffered by a child
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4. PSYCHOLOGICAL INJURY – means harm to a child’
psychological or intellectual functioning which may be
exhibited by severe anxiety, depression, withdrawal or
outward aggressive behavior
5. SEXUAL ABUSE – includes the employment, use,
inducement or coercion of a child to engage in sexual
intercourse or lascivious conduct; the molestation,
prostitution and or incest with children
CHILD PROSTITUTION - exploitation of children, whether male
or female, by coercing them into indulging in sexual intercourse
or lascivious conduct for money, profit or any other consideration
WHO ARE CRIMINALLY LIABLE FOR CHILD
PROSTITUTION?
1. those who engage in or promote, facilitate or induce child
prostitution, such as:
2. those acting as procurer of a child prostitute
3. parents, guardians, or relatives who knowingly allow or
coerce their children or ward into prostitution
4. those who commit the act of sexual intercourse or lascivious
conduct with a child exploited in child prostitution, such as:
5. clients of child prostitutes
6. those who derive profit or advantage there from, such as:
7. managers or owners of the establishment where the
prostitution takes place
OBSCENE PUBLICATIONS AND INDECENT SHOWS - the use,
hiring, employment and coercing of children as performers, actors
or models for obscene exhibitions and indecent shows, whether
live or in video, or in printed pornographic materials
CHILDREN AS ZONES OF PEACE
- children shall be given priority during evacuation as a result
of armed conflict
- children shall not be recruited to become members of the
Armed Forces of the Philippines of its civilian units, nor be
allowed to take part in the fighting, or used as guides,
couriers or spies
- children shall not be the object of attack in situations of armed
conflict
- they shall be protected from any form of threat, assault,
torture or other cruel, inhumane or degrading treatment
IMPORTANT PROVISIONS OF RA 9208
RA 9208 – ANTI-TRAFFICKING IN PERSONS ACT OF 2003
- approved on 26 May 2003
TRAFFICKING IN PERSONS - the recruitment, transportation,
transfer or harboring, or receipt of persons with or without the
victim’s consent or knowledge within or across national borders
by means of threat or use of force, or other forms of coercion,
abduction, fraud, deception, abuse of power or prostitution, taking
advantage of the vulnerability of the person, or giving or receiving
of payments or benefits to achieve the consent of a person having
control over another person for the purpose of exploitation which
includes at a minimum, the exploitation or the prostitution of
others or other forms of sexual exploitation, forced labor or
services, slavery, servitude or the removal or sale of organs
- the recruitment, transportation, transfer, harboring or receipt
of a child for the purpose of exploitation shall also be
UPDATED 2021
 considered as “trafficking in person” even if it does not involve
any of the means set forth in the preceding paragraph
QUALIFIED TRAFFICKING IN PERSON
1. When the trafficked person is a child;
2. When the adoption is effected through RA 8043 and said
adoption is for the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
3. When the offender is an ascendant, parent, sibling, guardian
or a person who exercised authority over the trafficked
person or when the offense is committed by a public officer
or employee
FORCED LABOR AND SLAVERY - refers to the extraction of
work or services from any person by means of enticement,
violence, intimidation or threat, use of force or coercion, including
deprivation of freedom, abuse of authority or moral ascendancy,
debt-bondage or deception
SEX TOURISM - refers to a program organized by travel and
tourism related establishments and individuals which consist of
tourism packages or activities, utilizing and offering escort and
sexual services as enticement for tourists
PORNOGRAPHY - refers to any representation, through
publication, exhibition, cinematography, indecent shows,
information technology, or by whatever means, of a person
engaged in real or simulated explicit sexual activities or any
representation of the sexual parts of a person for primarily sexual
purposes
DEBT BONDAGE – refers to pledging by the debtor of his or her
personal services or labor or those of a person under his or her
control as security or payment for a debt, when the length and
nature of services are not clearly defined or when the value of the
services as reasonably assessed is not applied toward the
liquidation of debt
IMPORTANT PROVISIONS OF RA 9231
RA 9231 – the law prohibiting the worst forms of child labor
- amendatory law to RA 7160 and RA 7658
- amended the provisions of RA 7160 regarding working
children
- approved on 19 December 2003
Children below fifteen (15) years of age shall not be
employed, except:
1. When a child works directly under sole responsibility of his
parents or legal guardian and where only members of the
employer’s family are employed
2. Where a child’s employment or participation in public
entertainment or information through cinema, theatre, radio
or television is essential, with the approval of the Department
of Labor and Employment (DOLE)
- it is the duty of the employer to submit to the DOLE a
report of all children employed by him
- if a domestic is under sixteen (16) years of age, the
head of the family shall give him or her an opportunity
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to complete at least elementary education, the cost of
which shall be a part of the domestic’s compensation
WORK PERMIT OF WORKING CHILDREN - it shall be the duty
of the employer to secure permit from the DOLE of working
children employed by him
EMPLOYMENT CONTRACT OF WORKING CHILDREN - the
contract shall be signed by the working child’s parent or legal
guardian, with the express agreement of the child
WORKING HOURS
IF THE CHILD IS UNDER 15 - may work for maximum of four (4)
hours a day, twenty (20) hours a week; may work between six
o’clock in the morning to eight o’clock in the evening (6am to 8pm)
IF THE CHILD IS 15 BUT UNDER 18 - may work for maximum of
eight (8) hours a day, forty (40) hours a week; may work between
six o’clock in the morning to ten o’clock in the evening (6am to
10pm)
PROHIBITION ON THE EMPLOYMENT OF CHILDREN IN
CERTAIN ADVERTISEMENTS
No child shall be employed as a model in any
advertisement directly or indirectly promoting the following:
a. alcoholic beverages
b. intoxicating drinks
c. tobacco and cigarettes
d. gambling
e. any form of violence or pornography
IMPORTANT PROVISIONS OF RA 9262
RA 9262 – ANTI-VIOLENCE AGAINST WOMEN AND THEIR
CHILDREN ACT OF 2004
- approved on 8 March 2004
VAWC - refers to any act or a series of acts committed by any
person against a woman who is his wife, former wife, or against a
woman with whom the person has or had a sexual or dating
relations, or with whom he has a common child, or against her
child, whether legitimate or illegitimate, within or without the family
abode, which result in or is likely to result in physical, sexual,
psychological harm or suffering, or economic abuse including
threats of such acts, battery, assault, coercion, harassment or
arbitrary deprivation of liberty
PHYSICAL VIOLENCE - refers to acts that include bodily or
physical harm
SEXUAL VIOLENCE - refers to an act which is sexual in nature,
committed against a woman or her child
PSYCHOLOGICAL VIOLENCE - refers to acts or omissions
causing or likely to cause mental or emotional suffering of the
victim such as but not limited to intimidation, harassment, stalking,
damage to property, public ridicule or humiliation, and repeated
verbal abuse
ECONOMIC ABUSE - refers to acts that make or attempt to make
a woman financially dependent
UPDATED 2021

BATTERY - refers to an act of inflicting physical harm upon the
woman or her child resulting to the physical and psychological or
emotional distress
BATTERED WOMAN SYNDROME - refers to scientifically
defined pattern of psychological and behavioral symptoms that
have resulted from cumulative abuse found in woman living in
battering relationship.
STALKING - refers to an intentional act committed by a person
who knowingly and without lawful justification follows the woman
or her child or places the woman or her child under surveillance
directly or indirectly
DATING RELATIONSHIP – refers to a situation wherein the
parties live as husband and wife without the benefit of marriage
or/are romantically involved over time and on a continuing basis
during the course of relationship.
SEXUAL RELATIONSHIP - refers to a single sexual act which
may or may not result in the bearing of a common child.
WHAT ARE THE PROTECTION ORDERS THAT MAY BE
ISSUED UNDER RA 9262?
1. BARANGAY PROTECTION ORDER (BPO) - issued by
Punong Barangay or in the absence, any available
Barangay Kagawad. It is effective within 15 days.
2. TEMPORARY PROTECTION ORDER (TPO) - issued by
the court and is effective within thirty (30) days.
3. PERMANENT PROTECTION ORDER (PPO) - issued by
the court after notice and hearing.
IMPORTANT PROVISIONS OF RA 9775
RA 9775 – the ANTI-CHILD PORNOGRAPHY ACT OF 2009
- the law that amended the provisions of RA 7610 on
obscene publications and indecent shows
- it aims to protect every child from all forms of exploitation
and abuse through the use of a child in pornographic
performances and materials and the inducement or
coercion of a child to engage or to be involved in
pornography
CHILD PORNOGRAPHY - to any representation, whether visual,
audio or written combination thereof, by electronic, mechanical,
digital, optical, magnetic or any other means, of child engaged or
involved in real or simulated explicit sexual activities
SYNDICATED CHILD PORNOGRAPHY - committed if carried
out by a group of three (3) or more persons conspiring or
confederating with one another
GROOMING - refers to the act of preparing a child or someone
who the offender believes to be a child for sexual activity or sexual
relationship by communicating any form of child pornography. It
includes online enticement or enticement through any other
means.
LURING - refers to the act of communicating, by means of a
computer system, with a child or someone who the offender
believes to be a child for the purpose of facilitating the commission
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of sexual activity or production of any form of child
pornography.(2) Bestiality;
PHILIPPINE JUVENILE JUSTICE SYSTEM
RA 9344 – the JUVENILE JUSTICE AND WELFARE ACT OF
2006
- approved on 28 April 2006
- became effective on 20 May 2006
- repealed the provisions of the Revised Penal Code and
Presidential Decree No 603 on minor offenders
IMPORTANT TERMS INTRODUCED BY RA 9344
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
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; seeks to obtain
reparation for the victim, reconciliation of the offender, the
offended and the community and reassurance to the offender that
he or she can be reintegrated into society
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
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
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
INTERVENTION
- refers to a series of activities which are designed to
address issues that caused the child to commit an
offense
- may take the form of an individualized treatment
program which may include counseling, skills training,
education, and other activities that will enhance his or
her psychological, emotional and psycho-social well-
being
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 or her social, cultural, economic,
psychological or educational background without resorting to
formal court proceedings
DIVERSION PROGRAM - refers to the program that the child in
conflict with the law is required to undergo after he or she is found
responsible for an offense without resorting to formal court
proceedings
YOUTH DETENTION HOME - refers to a 24-hour child-caring
institution managed by accredited local government units and
UPDATED 2021
licensed and/or accredited non-governmental organizations
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
YOUTH REHABILITATION CENTER - refers to a 24-hour
residential care facility managed by the DSWD, local government
units, licensed or accredited non-governmental organizations
monitored by the DSWD, which provides care, treatment and
rehabilitation services for children in conflict with the law
RIGHTS OF THE CHILD IN CONFLICT WITH THE LAW
1. the right not to be imposed a sentence of capital punishment
or life imprisonment
2. the right to be detained or imprisoned as a disposition of last
resort, which shall be for the shortest appropriate period of
time
3. the right to be separated from adult offenders at all times:
during detention, while being transported to and from the
court and while waiting for the hearing
4. the right to be detained only with other detainees of the same
sex, if detention is necessary
5. the right to be searched only by a law enforcement officer of
the same gender
6. the right not to be handcuffed, when such is not necessary
7. the right to have his parents or guardians present
8. the right to diversion if he or she is qualified and voluntarily
avails of the same
9. the right to AUTOMATIC SUSPENSION OF SENTENCE
10. the right to probation as an alternative to imprisonment, if
qualified under the Probation Law
11. the right to have the records and proceedings involving him
be considered PRIVILEGED AND CONFIDENTIAL
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, but he shall undergo
INTERVENTION PROGRAM
- a child ABOVE FIFTEEN (15) YEARS OF AGE BUT
BELOW EIGHTEEN (18) YEARS OF AGE shall likewise be
EXEMPT from CRIMINAL LIABILITY, if he or she acted
WITHOUT DISCERNMENT, but he shall undergo
INTERVENTION PROGRAM
- however, they are exempted only from criminal liability and
not from civil liability
- a child ABOVE FIFTEEN (15) YEARS OF AGE BUT
BELOW EIGHTEEN (18) YEARS OF AGE who acted WITH
DISCERNMENT shall be subjected to the DIVERSION
PROCEEDINGS and shall undergo DIVERSION
PROGRAM, if qualified
- a child ABOVE FIFTEEN (15) YEARS OF AGE BUT BELOW
EIGHTEEN (18) YEARS OF AGE who acted WITH
DISCERNMENT and who is NOT QUALIFIED for
DIVERSION, OR REFUSED to undergo DIVERSION, shall
be PROSECUTED
DISCERNMENT - mental capacity to fully appreciate the
consequences of an unlawful act.
TREATMENT OF CHILD BELOW THE AGE OF CRIMINAL
RESPONSIBILITY
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- it shall be the duty of the law enforcement officer to determine
the age of the child apprehended
- if the child apprehended is FIFTEEN (15) YEARS OLD OR
BELOW, the law enforcement officer MUST RELEASE
THE CHILD TO THE CUSTODY OF HIS OR HER PARENTS
OR GUARDIANS, OR THE CHILD’S NEAREST RELATIVE
- it shall also be the duty of the law enforcement officer to give
notice to the local social welfare and development officer as
to the apprehension of the child in conflict with the law
COMPREHENSIVE JUVENILE INTERVENTION PROGRAM
- shall be instituted in local government units from the
barangay to the provincial levels
- shall include community-based programs on juvenile justice
and welfare
COMMUNITY-BASED PROGRAMS ON JUVENILE JUSTICE
AND WELFARE
- shall be instituted by the local government units through the
school, youth organizations, and other concerned agencies
- shall respond to the special needs, problems, interests and
concerns of children and which offer appropriate counseling
and guidance to them and their families
- these programs shall consist of three (3) levels:
1. PRIMARY INTERVENTION - includes general measures to
promote social justice and equal opportunity, which tackle
perceived root causes of offending
2. SECONDARY INTERVENTION - includes measures to
assist children at risk
3. TERTIARY INTERVENTION - includes measures to avoid
unnecessary contact with the formal justice system and other
measures to prevent re-offending
SYSTEM OF DIVERSION - children in conflict with the law shall
undergo diversion proceedings subject to the following conditions:
1. the imposable penalty for the crime committed is NOT
MORE THAN SIX (6) YEARS IMPRISONMENT
2. in victimless crimes, the imposable penalty is NOT MORE
THAN SIX (6) YEARS IMPRISONMENT
3. in cases where the imposable penalty exceeds six (6)
years, diversion measures may be resorted to only by the
court
The diversion proceedings shall be completed within
FORTY-FIVE (45) DAYS
CONTRACT OF DIVERSION - shall be prepared if the child:
1. is qualified for diversion; and
2. voluntarily admits the commission of the act and the parents
or guardian of the child and the child himself agrees to the
diversion program
- it must be signed by the child’s parents or guardian and
the authorities concerned
PROSECUTION - a child in conflict with the law shall undergo
PROSECUTION if:
1. he is not qualified for diversion
2. he is qualified for diversion but he or his parents or guardian
does not agree to diversion
UPDATED 2021
3. diversion is not appropriate for the child in conflict with the
law, based on the social worker’s recommendations
CONDUCT OF PRELIMINARY INVESTIGATION
- there shall be a specially-trained prosecutor to conduct
inquest, preliminary investigation and prosecution of cases
involving children in conflict with the law
- the information against the child shall be filed before the
Family Court within FORTY-FIVE DAYS from the start of the
preliminary investigation
COURT PROCEEDINGS - during trial, the court shall order:
1. the release of the child on recognizance to his or her parents
and other suitable persons
2. the release of the child on bail
3. if the child is to be detained, the transfer of the child to a
youth detention home; detention of the child shall be
ordered only as a last resort
AUTOMATIC SUSPENSION OF SENTENCE
- if the child in conflict with the law is found guilty of the
offense charged, the court shall place the child under
suspended sentence, without need of application
- the automatic suspension of sentence may be extended
until the child reaches the maximum age of TWENTY-
ONE (21) YEARS OLD
- the court shall order the detention of the child in a youth
rehabilitation center where he shall undergo the
appropriate disposition measures
DISCHARGE OF THE CHILD IN CONFLICT WITH THE LAW -
upon the recommendation of the social worker who has custody
of the child, the court shall DISMISS THE CASE AGAINST THE
CHILD if the court finds that the disposition measures have
been fulfilled
RETURN OF THE CHILD IN CONFLICT WITH THE LAW TO
COURT - if the court finds that the objective of the disposition
measures imposed upon the child have not been fulfilled, or if
the child has willfully failed to comply with the conditions of
his or her rehabilitation program, the child shall be returned to
court for the EXECUTION OF JUDGMENT
PROBATION - a child in conflict with the law whose sentence was
executed by the court upon reaching the maximum age of
TWENTY-ONE (21) shall be entitled to the benefits of
probation under PD 968, the Probation Law of 1976
OFFENSES NOT APPLICABLE TO CHILDREN - persons below
eighteen (18) years old shall be exempt from prosecution for the
following crimes:
1. vagrancy and prostitution under the Revised Penal Code
2. mendicancy under PD No 1563
3. sniffing of rugby under PD 1619
END OF JUVENILE DELINQUENCY AND CRIME PREVENTION
JMDD FILES SCE-HR
EARLY STAGES OF DELINQUENCY PREVENTION
1. HOME-BASED PROGRAMS - Programs which involves the
provision of support for families. A supportive & loving home
environment, parents care for their children’s health and
general well-being.
2. PARENTING SKILLS PROGRAM - Main focus is on parent
training programs with the objective of improving parenting
skills and to improve the parent-child bond.
3. DAY CARE PROGRAMS - Programs that designed to
working parents. This program affords children a number of
benefits which includes social interaction and stimulation of
cognitive, sensory and motor control skills.
4. PRE-SCHOOL PROGRAMS - Geared more toward
preparing children for school. Usually children ages 3-5 which
considers as the formative years of brain development.
STRATEGIES OF DELINQUENCY PREVENTION
1. GENERAL DETERRENCE - Concept holds that the choice
to commit a delinquent act is structured by the threat and
punishment. Kids believe that their illegal behavior will result
in apprehension and severe punishment thus most will be
deterred to commit crimes.
2. SPECIFIC DETERRENCE - Holds that if offenders are
punished severely, the experience will convince them not to
repeat their illegal acts.
3. SITUATIONAL DETERRENCE - Rather than deterring or
punishing individuals in order to reduce delinquency rates,
situation prevention strategies aim to reduce the
opportunities for people to commit particular crimes.
EFFECTIVE DELINQUENCY PREVENTION
1. EDUCATIONAL MODEL - programs that assists families and
children by providing them information and let them be aware
on the effects and consequences of drugs, gangs, sex and
weapons.
2. COMMUNITY INVOLVEMENT - Involvement in community
groups provides youth with an opportunity to interact in a safe
social environment. Ex. girl scout, boy scout, church youth
group, etc
3. PARENT-CHILD INTERACTION - program that places
parents and children in interactive situation. It has been
shown to reduce hyperactivity, attention deficit, aggression
and anxious behavior in children.
4. BULLYING PREVENTION - Individual bullies and victims
receive independent counseling in order to discourage future
commission of an offense.
5. INTERVENTION ASSISTANCE - a youth entering the
juvenile justice system has the opportunity to receive
intervention assistance from the government. A youth may
receive drug rehabilitation assistance, counseling and
educational opportunities.
6. YOUTH INSTITUTION - Program which gears toward
restoring delinquent youth, designed to assist youthful
offenders by providing them with the help they need to
change their behavior.
7. ENDING REPEAT OFFENSES - out of the facility, youths
face the challenge of readjusting to “free life”. They must
create a pattern of life separate from criminal activity.
8. FUNCTIONAL FAMILY THERAPY - Family therapist works
with the family and helps individual members see how they
can positively motivate change in their home.
UPDATED 2021