Preliminary Topics:

NATURE OF JUVENILE DELINQUENCY

JUVENILE

Is a person who has not reached adulthood or the age of majority (usually 18y/o)
A boy who has not attained the age of 16yrs or a girl who has not attained the age of
18yrs
In legal terms, a juvenile is a person to juvenile court proceedings because a statutorily
defined 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 a juvenile court.

JUVENILES are generally regarded as immature or ones whose mental and emotional faculties are not
fully developed, thus making them in capable of taking full responsibility of their actions. Because of
their age standing they are held to a standard of behavior that is different from that for adults. They are
required to attend school between the ages of 6 and 18; they are expected to obey their parents; they
are forbidden to purchase alcohol or cigarettes or drive motor vehicles; they may not marry without
parental permission; they cannot enter to business or financial contracts; and they are not permitted to
vote, enter the military or run away far from home. Some jurisdictions place other restrictions on
juveniles, such as curfew, or laws against “incorrigible” or “immoral” behavior. On the contrary, adults
have the right to vote, to marry, to hold government office, and to enter into contracts.

DELINQUENCY

Delinquency refers to any action; course of conduct that deviates from act approved by
the majority of people. It is a description of those acts that do not conform to the accepted
rules, norms and mores of society.
It is any misconduct or behavior or misbehavior that is tantamount to felony or offense. It
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.

DELINQUENT PERSON

From the viewpoint of a social worker, a delinquent is a person, of whatever age, whose attitude
toward other individuals, toward the community, toward lawful authority is such that it may lead
him into breaking the law.

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 Delinquents maybe grouped in three ways:

Children aging below 7 years old

Children aging from 7 to 12 years old- juvenile who have doll incapax (not capable of
having criminal intent)
Youths aging above 12 but below 18 years old.

HISTORY OF JUVENILE DELINQUENCY

Code of Hammurabi – Oldest known code for thousand years ago dating from 2270 B.C.
discussed runaways, children who disowned their parents and sons who cursed their
father are severely being punished.
Roman Law and Canon (Church) law – Approximately two thousand years ago, made
distinction between juveniles and adults based on the notion “age of responsibility”
Ancient Jewish Law – The Talmud specified condition under which immaturity was to be
considered in imposing punishment. There was no corporal punishment prior to puberty,
which was considered to be the age of twelve for females and thirteen for males. No
capital punishment is to be imposed on those offenders under twenty years of age.
Similar leniency was found among Moslems, where children under the age of seventeen
were typically exempt from the death penalty.
Codification of Roman Law – In 5th century B.C., this law resulted in the “Twelve
Tables”, which made it clear that children were criminally responsible for violation of
law and were to be dealt with by same criminal justice system as adults. Children came
to be classified as “infans,” “proximus infantiae.” In general. “infans” were not held
criminally responsible, but those approaching puberty who knew the difference between
right and wrong were held accountable.
For much of Roman history, “infantia” meant the inability to speak, but in the fifth
century A.D. this age is fixed at seven years and children under that age were exempt
from criminal liability. The legal age of puberty was fixed at fourteen for boys and
twelve for girls: youth above these ages were held criminally liable. For children
between the ages seven and puberty, liability was on their capacity to understand the
difference between right and wrong.

Anglo Saxon Common Law (Law based on custom or usage) - The distinction made
between adult and juvenile offenders in England at this time are most significant. Under
common law, children under the age of seven were presumed incapable of forming
criminal intent and therefore were not subject to criminal sanctions. Children between
seven and fourteen were not subject to criminal sanctions unless it could be demonstrated
that they had formed criminal intent, understood the consequences of their actions, and
could distinguish right from wrong (Blackstone 1803, 22-24). Children over fourteen
were treated much the same as adults.
Chancery or equity courts – Created by the king of England, under the guidance of
King’s chancellor. Chancery courts were created to consider petitions of those who
needed special aid or intervention, such as woman and children who needed protection
and aid because of divorce, the death of a spouse, or abandonment, and to grant relief to
such persons. Through the chancery courts, the king exercise the right of parens patria
(parents of the country) by enabling these courts to act in loco parentis (in the place of
parents) to provide necessary services for the benefit of women and children. In other
words, the king, as ruler of his country, was to assume responsibility for all those under
his rule, to provide parental care for children who had no parents, and to assist women
who required aid for any of the reasons mentioned above. Although chancery courts did
not normally deal with youthful offenders, they did deal with dependent or neglected
youth as do juvenile courts in the Unites States today. The principle of parens patriae
later became central to development of juvenile court in America.
Law of King Aethelstan (924-939 A.D) – Old English law provided penalties for
children. Any thief over 12 years old received a punishment of death if he stole more
than 12 pence, (later the amount was reduced to 8 pence). However, with the passage of
time the law was eased for children, and no one under sis teen years could be put to death
unless he resisted or run away.
Statute of Artificers (1562) – Stated that children of paupers could be involuntarily
separated from their parents and apprenticed to others.
Poor Law Act of 1601 – Provided for involuntary separation of children from their
impoverished parents, and these children were then placed in bondage to local residents
as apprentices.
Statute of Artificers and Poor Law Act of 1601 were placed in bondage to local residents
as apprentices.

PERSONALITIES

Pope Clement XI – In 1704 in Rome, established the Hospital of St. Michael’s, the first
institution for the treatment of juvenile offenders. The stated purpose of the hospital was
to correct and instruct unruly youth so they might become useful citizens.
Robert Young – In 1788 established the first private, separate institution for youthful
offenders in England. The goal of the institution was to educate and instruct in some
useful trade or occupation the children of convicts or such other infant poor as engaged in
a vagrant and criminal course of life.
Albert K. Cohen – The first man who attempted to find out the process of beginning of
the delinquent subculture.
Kingwood Reformatory – This was established for the confinement of the “hordes of
unruly children who infested the streets of new industrial towns” of England.
New York Committee on Pauperism – In 1818, the committee gave the term
“Juvenile Delinquency” Its first public recognition by referring it as a major cause of
pauperism.
1899 – The first Juvenile or “family” court was established in Cook County Illinois.
 1899 – 1967 – This has been referred to as the era of “socialized juvenile justice”.

JUVENILE DELINQUENCY

Juvenile delinquency means different things to different individuals and groups. Commonly the term is
used to describe a large number of disapproved behaviors of children and youth. In another way,
anything the youth does that others do not approve or like can be called juvenile delinquency. An
example in case could be that of a child who refuses to do household chores, or fights with siblings, goes
with bad friends, talks back or answer back, or listens to the wrong music. Parents, siblings or relatives
may call such behaviors delinquent even though no law was violated.

Juvenile delinquency is a term used to describe illegal actions by a minor. This term is broad in range and
can include everything from minor violations like skipping school to more severe crimes such as burglary
and violent actions.

Understanding why a minor commits a crime is essential to preventing future crimes from happening.
Addressing the issues that has led to the choices that the minor child has made can help them change
their actions in the future.

By addressing many of these issues at an early age, adults may be able to stop juvenile delinquency from
starting. If delinquency has already occurred, addressing these issues and building protective barriers
may allow the child to develop in a more secure environment and avoid problems in the future as well
as when they are adults.

Generally, juvenile delinquency is defined as:

It is an anti – social behavior which differ from the model of set of laws and parameters,
culture, custom which society in broad spectrum does not conform.
Juvenile Delinquency is typically defined as an act committed by a minor that violates the
penal code of the government with authority over the place where the act occurred.
Juvenile Delinquency generally refers to youth behavior which is against the norms and
regulations of society.
Legally, juvenile delinquency is defined as:

Criminal law violations that would be considered crimes if committed by an adult;

An act committed by a minor that violates the penal code of the government with
authority over the place in which the act occurred;
The committing of those things considered crimes by the country;
 Any act, behavior or conduct which might be brought to court and judged whether such is
a violation of a law.

CATEGORIES OF DELINQUENT YOUTH

Accidental –less identifiable in personality and temperament, essentially law – abiding

citizen but happens to be at the wrong place at the wrong time. This may be credited to
peer pressure or pure curiosity on the part of the young person.
Asocial -children whose acts are manifested by vile, cruel and atrocious acts and
conducts for which they feel no remorse.
Neurotic –the anti-social behavior of the youth is a direct result of internal conflict and
pre – occupation with his own emotion and mood
Social -refers to an aggressive teen who resents authority, whether it be parental, school
regulations or ordinances and laws passed by the proper legislative authorities. The most
common reason for such dislike is focused on anyone who tries to control their conduct.

METHODOLOGY TOWARDS DELINQUENCY

1. Biogenic Approach

Views that law violations and delinquency is a result of some physical defects, which
advocates that misconduct is a direct result of faulty biology. Support from family
members, friends and acceptance of the community may solve the problem.

2. Psychogenic Approach

Critical factors in delinquency are personality problems to which the misbehavior is presumed to be the
cause response – counseling maybe used to curtail delinquency.

3. Sociogenic Approach

Ascribes the distinction and variation and delinquency pattern to social structure, which may be
attributed to their learning process cultured in youth gangs, stigmatizing contacts with governmental
and social control agencies and other similar variables.

TYPES OF YOUTH BEHAVIOR DISORDER

Juvenile delinquents manifest any of the following common behavioral disorders:

1. Anti – Social Behavior. It is characterized by disobedience and disrespect for authority

2. Truancy. Failure to attend classes for 20 days without any reasonable cause

3. Emotional Disorders. Such misbehavior is related to fear reactions, temper tantrums and jealousy
reactions

4. Lying. Penchant for not telling the truth clearly manifests that the following are lacking: love,
respect, security, attention, acceptance, praise and happiness

5. Vagrancy. Children who are unable to cope with their family life and choose to leave the family
home

6. Stealing. This comes from loose morals in the home, lack of economic security wherein the parents
are unable to provide for the needs of their children, undisciplined desire for possession and pleasure
and parental indifference.

CAUSES OF BEHAVIOURAL DISORDER

Behavioural disorders include many tension reducing activities that appear during childhood at various
levels of development. Some of these habits develop from adults through imitation where as other as
purposeful movement.

Behavioural disorders can be caused by:

Biological Factors
Some traits seen in behavioural disorders can run in families. Children with a family
history of behaviour problems, learning problems, anxiety, depression or bipolar
disorder may be more likely to have a behaviour problem.

Social And Environmental Factors

Children who come from families that regularly experience a lot of stress may be
more likely to show signs of a behavioural disorder. Some common family
stressors might include: financial difficulties; exposure to violence; family
breakup; harsh or inconsistent parenting; inconsistent supervision, for example
due to a parent’s mental health challenges or different styles of caregiving from a
number of people
Psychological Factors
Children with behavioural disorders often have other mental health conditions.
How a child manages their emotions, activity level and attention may suggest
vulnerability to certain behavioural disorders.
 FACTORS WHICH CAUSE JUVENILE DELINQUENCY

The problem of juvenile delinquency is attributed to factors such as family, peers, environment,
school and mass media that affect the socialization of children. Socialization is the process through
which children learn the ways of a particular society or social group so that they can function within
it.

FAMILY
A family is a group of two people or more (one of whom is the householder) related by
birth, marriage, or adoption and residing together." This definition is useful for obtaining
a current snapshot of various family configurations (such as the percentage of children
living with single parents in a given year), and to track changes over time in family living
arrangements. The main limitation of this definition is that most people do not define
families in this fashion.
It is the basic unit of society whose main responsibility is to provide the basic necessities
of the child as well as to give emotional, spiritual, moral, intellectual and social basic to
its members particularly the children.
It is the primary social agency with the significant task of rearing the youth.
A nucleus family consists of a father, a mother and their children.
Families however are not isolated group. Rather, they exist within a larger social and cultural
context and reflect the family’s particular class, ethnic, religious, political and regional
characteristics. Thus means that child socialization is somewhat selective, depending on the
background of his or her family.

At a theoretical level, families are the primary source for teaching children self-control, a major
point of delinquency. It has been observed that adolescents who have low self-control are more
attracted to delinquency behaviours than youth with greater self-control. The primary cause of
low self-control appears to be ineffective childrearing.

The Ideal Criteria for a Normal Home

Structural completeness
Economic security
Cultural conformity
Physical and psychological conformity
Functional or emotional adequacy
 Factors which may lead to Juvenile Delinquency

Faulty development of the child

Lack of parental guidance
Parental rejection
Broken homes
Lack of love
Unfair treatment
Too harsh discipline by either or both parents
Too lenient discipline by either or both parents
Parents indifference to the child

FAMILY STRUCTURE
Both the family size and birth position had been found to have predictive effects on
delinquency.
Family Size
Parents of larger families tend to give less parental attention to their children.
Children of large families are having a greater chance to become delinquent, and
this is a predictive factor. It was found that delinquency is associated with the
number of brothers in family, but not with the number of sisters. Members of
large families had been found to be lacking in educational success. They perform
poorly in school and score low in IQ test.

Child’s Birth Order in the Family

Birth order affects the delinquent behaviour with delinquency more likely among middle
children than first or last children.

The first child receives individual attention and affection of parents, while the last child
benefits from the parents experience of raising children, as well as form presence of
siblings who serve as models. In some cases, the delinquent child is the first or last child.

ENVIRONMENT
Culture, norms and behavior of the child’s surroundings may very well influence the upbringing
of the child especially throughout their formative years and such misbehaviours learned will
definitely be carried out until the child’s maturity or entrance to the adolescence. Behavior
modification by means of imitation as brought about by the environment is as follows:

Rampant drug addiction

Vices such as gambling and alcoholism

Association with criminal groups and gangs

Impulse of fear and resentment

Crime inducing situations and presence of hazards

Attractive nuisances prevalent in the environment

SCHOOL
The school, unlike the family, is a public instrument for training young people. It is therefore,
more directly accessible to change through the development of new resources and policies. And
since it is the principal instrument to the goals and values of our society, it is imperative that it
be provided with the resources to compete with illegitimate attraction for young people’s
allegiance. Anything less would be a serious failure to discharge our nations responsibility to its
youth.

It is vital to proper child development. It represents the child’s second home and represents the
instrument for the training of young persons which should provide goals, values and academic
growth which will be necessary to transform the child to be productive, law abiding and
responsible citizen.

Some instances of delinquent conduct to the school-child relationship are the following:

Failure of the school in character development of the children and youth

Use of methods that create the conditions of failure or frustrations on the part of the
students
Lack of facilities for curricular and extra-curricular activities

Instances of Deviant Conduct of Children Attributed to School:

Truancy

Membership in fraternities and sororities

Lack of facilities for curricular and extra-curricular activities

Failure of the mentors in the characters development of the students

Methods being used which create the conditions of frustration and failure on the part of the students

Corruption
MASS MEDIA & OTHERS OUTSIDE OF ENVIRONMENT
Mass media embraces all kinds of communications where a child is exposed to. It covers
up everything that a child hears and sees that leaves behind in his or her imagination. It
could be anything a child saw on television, heard over the radio, read from a book or
magazine, or event saw in a movie house.

The media plays a very important role in the development of youth today. The mass
media should be encouraged:
to ensure that young persons have access to information and material from a diversity of
national and international sources
portray the positive contribution of young people to society
to disseminate information on the existence of services, facilities and opportunities for
young people in the society
to minimize the level of pornography, drugs and violence and exploitation disfavourably
as well as to avoid demeaning and degrading presentations, especially of women,
children and interpersonal relations and to promote egalitarian principles and roles
it should be aware of its extensive social role and responsibility, as well as its influence in
communications relating to youth drug and alcohol abuse.

The information fed by media to the child, if not properly screened by parents to be fitted
to his or her age level and not within his or her comprehension, would be very
detrimental to the proper upbringing of the child.

PEERS
For many juveniles the most important social institution, the one they truly spend the
most time with and are closest to emotionally, is the family. But for many others, it is
their barkada or peer group. The peer group is a group of youths of similar age levels and
interest that often can empower young people in their sense of feeling worthwhile and
important. The social world of some adolescents revolves around their closest friends.
They search for acceptance, status, identity and meaning through interactions with others.
Peer group activities reflect behaviours that are symbolic of adulthood and are viewed as
signs that the person is no longer a child, behaviours often having to do with drugs,
sexuality and freedom.

Similar to neighborhood pressures, peer pressure from direct acquaintances can have an
effect on how a juvenile reacts to bad situations. If all of their friends are committing
delinquent acts, the child may feel pressured to do the same to be accepted.

The best way to avoid this type of situation is to be actively involved with who your child
is hanging out with on a regular basis. Know their friends. Know about their friends’
parents. This not only instills confidence in your child to do the right thing, but it can also
help parents keep their children away from bad influences.

The period of adolescence and intense peer group activity is viewed by many as the time
in a youth’s life that is most likely to lead to conflict with adults, social institutions and
 the law. As young people increasingly perceive a social and moral distance between
themselves and adults, they look to the peer group of camaraderie, acceptance and a sense
of purpose. Without close parental supervision and guidance, youths are susceptible to do
what their peers dictate on them, which may lead to minor or major forms of deviance
and delinquency.

Some kids are particularly susceptible to peer influence. In one recent study, Richard
Felson and Dana Haynie found that boys who go through puberty at an early age were
more likely to later engage in violence, property crimes, drug use and precocious sexual
behavior .

THE STRUCTURE OF PEER RELATIONS

Does having anti-social peers cause delinquency, or are delinquents’ antisocial youths
who seek out like minded companions because they can be useful in committing crimes?
There are actually five independent viewpoints on this question.
According to the control theory approach articulated by Hirschi, delinquents are as
detached from their peers as they are from other elements of society. Anti-social
adolescent seeks out like-minded peers for criminal associations. If delinquency is
committed in groups, it is because “birds of a feather flock together”. Peers have less of
an influence on delinquency than traditionally believed.
Delinquent friends cause law abiding youths to get in trouble. Kids who fall in with a bad
crowd are at risk for delinquency. Youths who maintain friendships with antisocial peers
are more likely to become delinquent regardless of their own personality or the type of
supervision they receive at home. Even previously law abiding youths are more likely to
get involved in delinquency if they become associated with friends who initiate them into
delinquent careers.
Anti-social youths seek out and join up like-minded friends; deviant peers sustained and
amplify delinquent careers. Those who choose aggressive or violent friends are more
likely to begin engaging in anti-social behavior themselves and suffer psychological
deficits.
As youths move through their life course, anti-social friends help them maintain
delinquent careers and obstruct the aging out process. In contrast, non-delinquent friends
moderate delinquency. If adulthood brings close and sustaining ties to conventional
friends, marriage and family, the level of deviant behavior will decline.
Troubled kids choose delinquent peers out of necessity rather than desire. The social
baggage they cart around prevents them from developing associations with conventional
peers. Because they are impulsive they may hook up with friends who are dangerous and
get them into trouble. Deviant peers do not cause straight kids to go bad, but they amplify
the likelihood of a troubled kid getting further involved in anti-social behaviors.

LEGAL BASIS FOR PARENTAL AUTHORITIES

Parental authority refers to parents’ rights and responsibilities toward their children from the minute
they are born until they turn 18. Under their parental authority, parents make decisions that affect their
children’s well-being. What is parental authority, and what happens if the parents break up?

Under parental authority, parents have these rights and responsibilities toward their children:

custody
supervision
physical and psychological protection
health and safety
education
providing food
caring for them

Parental authority gives parents the right to make all decisions necessary to their children’s well-being.
For example, parents can make these decisions:

where the children will live

agree to or refuse health care (there are limits to this right for children 14 or older)
pass on their religious beliefs

Parents can also temporarily give to someone else certain parts of their parental authority, such as
custody, supervision or education. For example, this happens when a babysitter looks after the children.

Who makes decisions about the children after the parents break up?

While they are living together, parents use their parental authority together, whether or not they are
married.

If the parents don’t live together anymore and only one of them has custody of the children, the other
parent still keeps parental authority.

The parent who does not have custody only loses the right to custody. The parent who
has custody decides where the children will live.
The parent who does not have custody still has all the other rights and responsibilities of
parental authority (e.g., education, providing food, decisions about health care).
Being with the children means the parent who has custody exercises parental authority every day, while
the other parent does this from a distance. But the parent who does not have custody must be
consulted on all major decisions concerning the children.

What is a major decision? Here are a few examples:

choice of school
health care necessary for a child’s state of health
some medical treatments, such as braces
long-term activities and hobbies
As a general rule, the parent who does not have custody of the children has these rights:

see report cards

go to parent-teacher meetings
receive information about the children’s medical care

When Parents Don’t Agree on Decisions about the Children

If parents don’t agree on a major decision concerning the children, then one parent can go to court to
have a judge decide, no matter who has custody.

Here a few situations where a parent can ask for a judge’s opinion:

The parents don’t agree on a decision they have to take regarding the children.
One parent is making all the decisions about the children without consulting the other
parent.
One parent refuses to give the other parent important information about the children.
The judge will make a decision based on the children’s best interests.

New Partners of Parents and Decisions Concerning Children

New partners of a parent, such as boyfriends or girlfriends, do not have parental authority, even if they
are acting like a parent.

Losing Parental Authority

In rare cases, a parent can lose all or part of parental authority and the right to make decisions
concerning the children.

Only a judge can take away parental authority.

RIGHTS, RESPONSIBILITIES, DUTIES AND LIABILITIES OF PARENTS

Parents are the first to have the power to act on behalf of the child and ensure their rights are
respected. The father and mother use their rights and carry out their duties by making decisions in place
of their child. Their objectives are to protect the child and to secure the child an education,
development, security, health and morality.

Children have the right to be safe, to be treated with affection, to be educated, to have medical care and
to be protected against cruelty and abuse. Parents have the duty to protect their children’s rights until
they are old enough to make their own way in the world.

The authority to make decisions concerning and affecting the care, welfare and proper development of
the child is known as ‘parental responsibility’.

Family law in somewhere of the universe defines the responsibilities that parents have in relation to
bringing up their children. These include:

to protect your child from harm

to provide your child with food, clothing and a place to live
to financially support your child
to provide safety, supervision and control
to provide medical care
to provide an education.

Who has parental responsibility?

The Family Law Act states that birth parents, adoptive parents, those who become parents through
artificial conception or surrogacy and those who satisfy presumptions of parentage are the only people
to possess 'innate parental responsibility', which means they are legally authorised to exercise parental
responsibility without a court order.
Although other adults, such as step-parents, may be involved in the care and support of a child, only
these parents, or those recognised as parents by the court, have the ultimate authority for making
decisions about a child.

Your obligations continue until your child has turned 18 and don’t end with divorce or separation. The
government and the court encourage both parents to share in the exercise of their parental
responsibility for a child, even in the case of separation.

Your rights as a parent

As a parent you also have rights. The law allows parents to bring up their children according to their own
values and beliefs. Decisions such as religion, education, discipline, and medical treatment and where
the child lives will not be interfered with unless there are good reasons or the child’s well-being is at risk
- for example, if there is abuse, if the child is not receiving education or necessary medical treatments.

Working parents have the right to child-care services and to access information on payments and
services for which they are eligible.

However, the concept of parents’ rights does not include the right to have custody or contact with your
children, for example after separation. In situations where parental responsibility may be altered, the
law requires the best interest of the child to be the paramount consideration.

PREVENTION OF JUVENILE DELINQUENCY

The most effective way to prevent juvenile delinquency has indisputably been to assist children and
their families early on. Numerous state programs attempt early intervention, and federal funding for
community initiatives has allowed independent groups to tackle the problem in new ways. The most
effective programs for juvenile delinquency prevention share the following key components:

EDUCATION
Model programs have assisted families and children by providing them with information.
Some programs inform parents on how to raise healthy children; some teach children
about the effects of drugs, gangs, sex, and weapons; and others aim to express to youth
the innate worth they and all others have. All of these programs provide youths with the
awareness that their actions have consequences. This is particularly important in an era
where youth are barraged with sexual and violent images. Educational programs have the
underlying intent of encouraging hope and opening up opportunities for young people.
RECREATION
One of the immediate benefits of recreational activities is that they fill unsupervised
after-school hours. The Department of Education has reported that youths are most likely
to commit crimes between 2 p.m. and 8 p.m., with crime rates peaking at 3 p.m.
Recreation programs allow youths to connect with other adults and children in the
community. Such positive friendships may assist children in later years. Youth programs
are designed to fit the personalities and skills of different children and may include
sports, dancing, music, rock climbing, drama, karate, bowling, art, and other activities.
COMMUNITY INVOLVEMENT
Girl scouts, boy scouts, church youth groups, and volunteer groups all involve youth
within a community. Involvement in community groups provide youth with an
opportunity to interact in a safe social environment.
PRENATAL AND INFANCY HOME VISITATION BY NURSES
Nurses involved in the "Prenatal and Infancy Home Visitation by Nurses" program pay
visits to low income, single mothers between their third trimester and the second year of
their child's life. During these visits, nurses focus on the health of the mother and child,
the support relationships in the mother's life, and the enrollment of the mother and child
in Health and Human Services programs. A 15-year follow-up study found that mothers
and children involved in the program had had a 79 percent lower child abuse rate, a 56
percent lower child runaway rate, and a 56 percent lower child arrest rate. Maternal
behavior problems also dropped significantly in the studied group.
PARENT-CHILD INTERACTION TRAINING PROGRAM
The "Parent-Child Integration Training Program" takes parents and children
approximately 12 weeks to complete. It is designed to teach parenting skills to parents of
children ages two to seven who exhibit major behavioral problems. The program places
parents and children in interactive situations. A therapist guides the parents, educating
them on how best to respond to their child's behavior, whether positive or negative. The
program has been shown to reduce hyperactivity, attention deficit, aggression, and
anxious behavior in children.
BULLYING PREVENTION PROGRAM
The Bullying Prevention Program is put into place in elementary and junior high school
settings. An anonymous student questionnaire fills teachers and administrators in as to
who is doing the bullying, which kids are most frequently victimized, and where bullying
occurs on campus. Once teachers and administrators have learned about how and where
bullying occurs at their school, they set up class rules and facilitate discussions that
address the problem. Individual bullies and victims receive independent counselling. The
program succeeds in creating a safer, less hostile environment for students at minimal
cost.
PREVENTION PROGRAMS WITHIN THE JUVENILE JUSTICE SYSTEM
A youth entering the Juvenile Justice System has the opportunity to receive intervention
assistance from the state. In the care of the state, a youth may receive drug rehabilitation
assistance, counselling, and educational opportunities. The success of the Juvenile Justice
System is measured by how well it prepares youth to re-enter the community without
 committing further crimes. Optimally, all juvenile detention facilities would catch youths
up on their education, provide them with job training, give them the experience of living
in a safe, stable environment, and provide them with assistance to break harmful habits.
ENDING REPEAT OFFENSES
Once out of detention, youths face the challenge of readjusting to "free" life. For many,
youth detainment places a halt in a pattern of destructive behavior. Once out of prison,
the youth must create a pattern of life separate from criminal activity. To assist in this
process, courts have attempted to implement helpful social services for former inmates
and their families. Some of these are job placement; school follow-up, extended
counselling, and extended drug rehab. The Functional Family Therapy (FFT) program
assists youth on parole by helping them and their families communicate in more
effective, positive ways.
FUNCTIONAL FAMILY THERAPY (FFT)
The Functional Family Therapy program helps adolescents on probation - and their
families. A family therapist works with the family and helps individual family members
see how they can positively motivate change in their home. The program works in three
phases. During the first phase, the therapist attempts to break down resistance to therapy
and encourages the family to believe that negative communication and interaction
patterns can be changed. In the second phase, family members are taught new ways to
approach day-to-day situations; they are shown how to change their behaviors and
responses to situations. During the third phase, family members are encouraged to move
new relational skills into other social situations (school, or the workplace, for instance).
FFT reduces recidivism rates and juvenile delinquency at a low cost. Twelve FFT
sessions cost approximately one-sixth the cost of detaining a youth for one month.
Another positive effect of the program is that the siblings of the youth on parole are less
likely to commit crimes because of the help their family has received.

INEFFECTIVE PREVENTION STRATEGIES

SCARE TACTICS
Currently, Americans are steering away from this tactic, as it has proven rather
ineffective, but during the 1990s it was a technique that politicians and the greater
community put much confidence in. Slogans such as "get tough on crime" and "adult
time for adult crime" spoke to the common-sense core of many people who worried
about rising juvenile crime rates. The basic ideology cantered on the idea that crime
rates were high because youth were not afraid of facing juvenile detention. General
opinion held that the system had become too soft; the threat of confinement was not
deterring youth from criminal activity.

Several major shifts occurred during this time:

 Juvenile courts gave increased jurisdiction to adult, criminal courts. Courts authorized
easier transfers of juveniles into the adult criminal court and, in some states, waived their
authority over specified crimes.
Youths were issued longer prison sentences in the adult system than they would have
been given in the juvenile justice system. Most of those sentenced, however, were not
required to serve the full length of their prison terms.
Youths were sent to adult prisons in increased numbers. Younger offenders were sent to
adult prisons as states tightened their definition of who was a child, and more court
decisions placed youth in adult confinement.

The harsher penalties that came with the era of hard-time scare tactics were intended to lower crime
rates and to express to youth that crime would not be tolerated. These penalties, however, did not
achieve their intended effects. The approach was grounded in the idea that youth could be managed
through fear. But fear was not a forceful impetus to motivate youth toward positive behavior. No direct
correlation was witnessed between harsher sentencing and fewer first-time arrests, and youth that had
been placed in the adult system actually had a higher recidivism rate than similar juveniles placed in
juvenile detention facilities.

"JUVENILE BOOT CAMP" AND "SCARED STRAIGHT"

In the years that "get tough on crime" policies were being established, various new programs were also
attempted. One such program, Juvenile Boot Camp, received high publicity but had little success. "At
risk" youth were placed into intense, structured, severe environments that were modelled after military
boot camps. The Juvenile Boot Camps were intended to teach youth about structure and discipline but
their success rates, which were measured based on their ability to prevent kids from committing future
crimes, were low. For some youth, the programs were actually counter-productive. Another program,
"Scared Straight," brought parole/probation youth into interactions with adult prisoners through
meetings or short-term incarcerations. The program was designed to make young offenders frightened
of the violent adult prison system. According to the Surgeon General at the time, the program was not
effective.

The Role of Family in Dealing with Juvenile Delinquency

The family has been seen to be a critical element for child development and as a determining factor for
children’s subsequent involvement in crime. The family is the key social institution that provides the
nurturing socialization of young children (Glueck, 1967). The assumed relationship between delinquency
and family life is critical today because the traditional Filipino family is rapidly changing. It has become a
thing of the past. Today, it seems much more of child-rearing is delegated to nannies, baby-sitters, and
day care providers. Despite these changes, many families are able to adapt and continue functioning as
healthy and caring units. But some families crumble under the chaotic stress, severely damaging the
present and future of their children.

It is obvious that the family cannot totally control outside influences upon its members, but it can have a
significant impact on shaping the extent to which children are exposed to other major agents of
socialization. The connection seems self-evident because a child is first socialized at home and from the
beginning learns values, beliefs, and behaviors from parents and other family members. Any disjunction
in an orderly family structure could have a significant, negative impact on a child’s life. Despite good
intentions, it is simply more difficult for one parent to provide the same degree of control, discipline,
and support as two. Therefore, a broken home can be a strong determinant of a child’s law-violating
behavior.

The Role of Education in Preventing Delinquency

Since so much of children’s time is spent in school, it seems logical that some relationship exists
between delinquent behavior and what is happening, or not happening, in classrooms throughout the
country. Numerous studies have confirmed that delinquency is related to academic achievement, and
experts have concluded that many of the underlying problems of delinquency are intimately connected
with the nature and quality of children’s experiences at school (Smithmyer, Hubbard, & Simmons, 2000).

Schools are a basic channel through which the community and adult influences enter into the lives of
adolescents. The general path towards occupational prestige is education, and when juveniles are
deprived of this avenue of success through poor academic performance, there is a greater likelihood of
deviant behavior. Students who show signs of hyperactivity and aggression tend to deliberately disobey
authority figures, and thus, are more likely to be labeled as “bad students”, which can have a lasting
impact on a student’s entire educational career. “According to the Labelling Approach, this negative
label has impact upon the juvenile’s self-concept and very well may influence future behavior which
culminates in the self-fulfilling prophecy” (Siegel, 2000). In other words, students who are labelled early
in their educational career may engage in types of behavior which are expected to accompany those
labels.

In order to make effective school related prevention programs, we must first understand what risk
factors lead to juvenile delinquency. There are many school related risk factors that can lead to
delinquency. Academic failure is often associated with the beginning of delinquency and the escalation
of serious offending, and interventions that improve a child’s academic performance have been shown
to reduce delinquency. Other school related risk factors include “social alienation, low commitment to
school, association with violent and delinquent peers and aggressive behavior”. Factors such as truancy,
untreated learning disabilities and even drug use are school related risk factors that can lead to juvenile
delinquency.

Collaboration between the Home and Community

Partnerships are essential for helping students achieve at their maximum potential and, while parent
and community involvement has always been a cornerstone of public schools, greater recognition and
support of the importance of these collaborative efforts are needed.

Family-school-community partnerships are a shared responsibility and reciprocal process whereby

schools and other community agencies and organizations engage families in meaningful and culturally
appropriate ways, and families take initiative to actively supporting their children’s development and
learning. Schools and community organizations also make efforts to listen to parents, support them, and
ensure that they have the tools to be active partners in their children’s school experience.

The Role of Mass Media against Delinquency

The role of Mass Media in facilitating various delinquent acts among the kids is undoubtedly there. The
forms and facets are growing day by day. Juvenile Delinquency is a serious issue the society is facing.
The traditional forms of committing crimes have surpassed and now Internet has created a whirl of
change and brought a revolution. Also socialization of Mass Media has become a problem and this issue
is something which needs to be addressed.

In some cases, education may be enough; most young people don't know the intricacies of the law nor
understand the severity of the possible consequences. For some less serious juvenile offenders, the
behaviour might change simply in the course of growing up. Teaching children ethics and morality in
general will go a long way toward alleviating problems such as cyber bullying and cyber vandalism; they
need to learn empathy and how to put themselves in the place of the victims.

Also moral science education, parental discussions, counselling, child lock safety, are some remedial
measures. Juvenile cyber delinquency can only be explained by integrated theory of criminology.
Juvenile with strong social bonds and part of conventional peer groups are less probable to commit
cyber related offences. On the other hand, the juveniles with weak social bonds are more probable to
commit cyber delinquency because of the social isolation and connection to delinquent peers.

We should not brand children as criminals for their relatively minor deviant behaviour. If we do so, we
will create generation where criminality will become the norm. We need widespread educational
initiatives to reduce drastically increasing juvenile crimes. It is easier to build strong children than to
repair broken men. Thus from various researches and findings a definite correlation and impact between
mass media and juvenile delinquency is established.

THEORIES OF DELINQUENCY

Various theories have been propounded to understand the deviant behavior of juveniles. They are
classified as follows:

Early General Theories on the causes of Delinquency

1. Demonological Theory – this theory promoted the notion that persons should not be held
responsible for their actions when they do evil things because their body is possessed by evil
spirits.
2. Classical Theory – postulated by Cesare Beccaria and Jeremy Bentham, classical theory was
consistent with the utilitarian view that people weigh the benefits and costs of future action
before they decide to act. It promoted the idea that people choose criminality the same way
when they choose conformity, that youths commit crime because they think or imagine that
greater good things can be earned through conformity. Hedonism is a doctrine that pleasure is
the highest good in life and that moral duty is fulfilled through the pursuit of pleasure.
Classicists have four good reasons why delinquent persons and offenders should be
punished: such as (a) general deterrence (b) specific deterrence (c) incapacitation and
(d) retribution.
3. Positive or Italian Theory – this theory was developed by Cesare Lombroso, Enrico Ferri and
raffaele Garofalo. This theory promoted the idea of determinism as a way of explaining crime
and delinquency. Determinism means that every act has a cause that is waiting to be discovered
in the natural world. Positivists believed that the causes of juvenile delinquency could be
identified through the application of the scientific method. Positivists rejected the idea of
classicists that punishment of delinquent offenders has an inherent positive value. They replaced
punishment with individualized treatment strategies for each offender. Positive theory blames
delinquency on biological, psychological and sociological factors.
4. Critical Theory – the concepts of power, influence, inequality and conflict guide this theory in
exploring and clarifying the nature of juvenile delinquency. This theory blames delinquency on
the imbalance of power within the human society. Criminal behavior may reflect therefore the
consensual reality held by powerful people.
Biological Theories
1. Lombrosian Theory - this was developed by Dr. Cesare Lombroso, a prison doctor in Turin
Italy and known as the father of criminology. His job was to examine hundreds of criminals. This
theory holds the following assumptions: (a) criminals have many stigmata (b) criminals are
atavistic and (c) criminals are classified as epileptic, insane and inborn. Born criminals have
physical quirks; they are insensitive to pain and characterized by a lack of moral sense, including
an absence of repentance and remorse, and other manifestations such as physical argot or slang,
the tendency to express ideas pictorially and the extensive use of tattooing. He did not conduct
studies on non-offenders character. Hence, there is no valid comparison as to the differences
between the physical characteristic of criminals and non-criminals. Also there is no such thing as
a physical criminal type.
2. General Inferiority Theory/ Hooton;s Theory – this was proposed by Earnest Hooton. This
theory has the following assumptions: (a) crime is the result of the impact of environment upon
low grade human organisms and that criminals were originally inferior people (b) crime exist
because there are some inferior people who are responsible for them (c) men with mediocre
builds are people who tend to break the law without preference because crimes are like physical
make-up, characterless (d) criminals should be permanently exiled to self-governing
reservations, isolated from the society, sterilized to prevent future offspring.
3. William Sheldon’s Theory – according to him, body type affects a person’s entire personality
or temperament. People are classified as in three ways: (a) endomorphs (b) mesomorphs and (c)
ectomorphs.
4. Genetic Theory – this theory assumes that: (a) crime and delinquency is committed by people
who have abnormal genetic structure or chromosomal abnormalities (b) DNA is the transmitter
of genetic materials/genes and (c) extra Y chromosome is responsible for aggressiveness and
thus, criminal activity. Men with extra Y chromosomes are taller and have a 10 to 20 percent
greater tendency to break the law than the genetically normal XY males.

TOPIC 2:
Psychological Theories
These theories assume that:
a. Delinquency is a result of internal, underlying disturbance.
b. These disturbances develop in childhood and tend to become permanent features of the
individual character.
c. Since the individual has problems, he or she must be the focus of attention if the problem
is to be solved.
1. Psychogene Theories – these are theories which blame delinquency on impulses that are
rooted in the child rather than in his environment.
2. The Low IQ Theory – this theory claims that: (a) people with low intelligence are easily led
into law breaking activities by the wiles of more clever people (b) people with low intelligence
are unable to realize that committing offenses in a certain way often leads to getting caught and
eventual punishment.
3. Attention-Deficit Hyperactivity Theory – this theory claims that: (a) juvenile delinquency is
caused by immaturity and hyperactivity (b) grade schools usually experience attention-deficit
hyperactivity disorder, which is characterized by short attention span; day dreaming;
sluggishness; preoccupation; and impulsiveness.
4. Frustration-Aggression Theory - this theory claims that people who are frustrated will act
aggressively, and people who engage in aggression are frustrated first.

Social Class Theories

1. Social Disorganization Theory - It was recognized early in twentieth century by
sociologist Clifford Shaw and Henry Mckay. According to social disorganization theory,
disorganized areas cannot exert social control over acting-out youth; these areas can be
identified by their relatively high level of change, fear, instability, incivility, poverty and
deterioration, and these factors have a direct influence on the area’s delinquency rate.
2. Anomie Theory - Advocated by Emile Durkheim, anomie is normlessness produced by
rapidly shifting moral values, this occurs when personal goals cannot be achieve using
available means.
Anomie refers to a breakdown of social norms and it is a condition where norms no
longer control the activities of members in society. Individuals cannot find their place in
society without clear rules to help guide them. Changing conditions as well as
adjustments in life leads to dissatisfaction, conflict, and deviance.
3. Strain Theory - This contend that certain classes are denied legitimate access to
culturally determined goals and opportunities and the resulting frustration, results in
illegitimate activities or rejection of the society’s goal.

According to sociologist Robert Merton, although most people share common values and
goals, the means for legitimate economic and social success are stratified by socio
economic class. Consequently these youths may either use deviant methods to achieve
their goals or reject socially accepted goals or substitute deviant ones.
Sources of Strain:
a. Strain caused by the failure to achieve positively valued goals
b. Strain caused by the disjunction of expectations and achievements
c. Strain as the removal of positively valued stimuli from the individual
d. Strain as the presentation of negative stimuli

4. Differential Opportunity Theory - Delinquent subcultures, according to Richard

Cloward and Lloyd Ohlin, flourish in the lower-classes and take particular forms so that
the means for illegitimate success are no more equally distributed than the means for
legitimate success. They argue that the types of criminal subcultures depend on the area
in which they develop. Ohlin and Cloward stated that the varying form of delinquent
subcultures depended upon the degree of integration that was present in the community.
Three types of delinquent gangs by Cloward and Ohlin:
a. The Criminal Gang - emerge in areas where conventional as well as non-conventional
values of behavior are integrated by a close connection of illegitimate and legitimate
businesses. This type of gang is stable than the ones to follow. Older criminals serve as
role models and they teach necessary criminal skills to the youngsters.
 b. The conflict/violent gang – non stable and non-integrated, where there is an absence of
criminal organization resulting in instability. This gang aims to find reputation for
toughness and destructive violence.
c. The Retreatist Gang - the equally unsuccessful in legitimate as well as illegitimate
means. They are known as double failures, thus retreating into a world of sex, drugs, and
alcohol.

5. Class Conflict Theory. According to Richard Quinney and William Chambliss,

conflict theory is based upon the view that the fundamental causes of crime are the social
and economic forces operating within the society. The criminal justice system and
criminal law are thought to be operating in behalf of rich and the powerful social elites,
with resulting policies aimed at controlling the poor. The criminal justice establishment
aims at imposing standards of morality and good behavior created by the powerful on the
whole of society. Focus is on separating the powerful from have nots who would steal
from others and protecting themselves from physical attacks. In the process the legal
rights of poor folks might be ignored. The middle class are also co-opted; they side with
the elites rather than the poor, thinking they might themselves rise to the top by
supporting the status quo.

6. Differential Oppression Theory. John D. Hewitt and Robert Regoli proposed that
much serious juvenile delinquency is a product of the oppression of children by adults,
particularly within the context of family. The maltreatment of children has been found to
be highly correlated with both serious and moderate delinquency as well as other problem
behaviors. This theory argues that adult perception of children force youths into socially
defined and controlled inferior roles, including the socially constructed “juvenile
delinquency” role that separates youthful and adult offenders for treatment and control.

TOPIC 3:
Interpersonal Theories
Differential Association Theory. Asserts that criminal behavior is learned primarily within
interpersonal groups and that youths will become delinquent if definitions they have learned
favorable to violating the law exceed definitions favorable to obeying the law within the group.
This theory was introduced by Edwin Sutherland.
Social Learning Theory. This theory view that behavior is modeled through observation, either
directly through intimate contact with others, or indirectly through intimate contact with others,
or indirectly through media; interactions that are rewarded are copied, where as those that are
punished are avoided. The family may serve as training grounds for violence since the child
perceive physical punishment as the norm during conflict situations with others.

Situational Theories
Drift Theory (Neutralization Theory). It proposed that juveniles sense a moral obligation to be
bound by the law. Such a bind between a person and the law remains in place most of the time,
they argue. When it is not in place, delinquents will drift. Drift is a process by which an
individual moves from one behavioral extreme to another, behaving sometimes in an
unconventional manner and at other times with constraint.
Five Techniques of Neutralization:
a. Denial of responsibility
b. Denial of injury
c. Denial of victim
d. Condemnation of the condemners
e. Appeal to higher loyalties

Societal Theories
Labeling Theory - this theory views that youths may violate the law for a variety of reasons,
including poor family relations, peer pressure, psychological abnormality, and pro-delinquent
learning experiences. Regardless of the cause of individuals’ delinquent behaviors are detected,
the offenders will be given a negative label that can follow them throughout life. These labels
include “troublemaker”, “juvenile delinquent”, “mentally ill”, “junkie” and more.

Control Theories
1. Social Control Theory. This perspective states that members in society form bonds
with other members in society or institution in society such as parents, pro-social friends,
and churches, schools, teachers, and sports teams. The social bonds include the ties and
affection that develop between children and key people in their lives; commitment to
social norms of behavior and to succeed in regards to such values as getting good
education, a good job and being successful; involvement in activities; and finally that
most persons are brought up to believe in and respect the law.
2. Self-derogation Theory. Introduced by Kaplan states that all motivated to maximize
our self-esteem, motivation to conform will be minimized by family, school and peer
interactions that devalue our sense of self, interactions and behavior may be self-defacing
or self-enhancing.
3. Interactional Theory. Originated by Terrence Thornberry, he viewed that weakening of
a child’s social bond as the fundamental cause of delinquency. The theory examined the
changing nature of relationships over the life course. It emphasized the reciprocal nature
between many of the variables used to explain delinquency.
4. Self-control Theory. In short, self-control theory suggests that deviance simply results
from the individual’s inability to effectively control his/her impulses. Self-control theory
argues that it is the absence of self-control rather than the presence of some force or
factor such as poverty, anomie, opportunities for deviance, delinquent peers, exposure to
definitions favorable to deviance, etc. that leads to deviance.

TOPIC 4:

Other Theories
 1. Culture Deviance Theory - links delinquent acts to the formation of
independent subcultures with a unique set of values that clash with the main
stream culture. This theory argues that children learn deviant behavior
socially through exposure to others and modeling of others action.
2. Structural Functionalism Theory. Some social structures exert a definite
pressure upon certain persons in society to engage in non-conforming rather
than conforming behavior. These structural and ideological dreams can
cause great distress for those who cannot reach these goals. Juveniles who
engage in crimes do so, according to these perspectives, as a means to defy
society’s defined goals and innovate their own goals of delinquent behavior
3. Rational Choice Theory. They argue in many cases, deviance is a result of
highly calculation of risks and awards. Prospective deviants weigh their own
chance of gain against the risk of getting caught, and thereby decide a course
of action.
Juveniles however do not always choose the most rational actions. There
values are different from adult and their motives are different from an adult
criminal. Adolescent are also notorious for not thinking before they act.
These actions which constitute delinquency may come as a result of acting
against authority, or to rebel against cultural norms and goals.
4. Routine Activities Theory. This theory viewed that crime is a normal
function of the routine activities of modern living; offenses can be expected
if there is a motivated offender and suitable target that is not protected by
capable guardians.
The routine activities approach gives equal weight to the role of both the
victim and the offender in the crime process. Criminal opportunity is
significantly influenced by the victim’s lifestyle and behavior. The greater
the opportunity for criminals and victims to interact, the greater the
probability of crime; reduce
5. Learning Theory. Posits that delinquency is learn through close relationships
with others; it asserts that children are born “good” and learn to be “bad” from
others. Learning theories hold that children living in even the most deteriorated
areas can resist inducements to crime if they have learned proper values and
behavior. Delinquency, by contrast, develops by learning the values and behavior
associated by criminal activity.
RELATED LAWS AFFECTING CHILDREN

• PD 603 – It is known as the Child and Youth Welfare Code. It was approved on December 10,
1974 and took effect on June 10, 1975.*

• R.A. 6809 - Lowering the age of majority from 21 to 18 years of age.*

• RA 9344 – Juvenile Justice Welfare Act of 2006. It was approved on April 28, 2006.*

• RA 9262 – Anti-Violence Against Women and their Children Act of 2004.

• R.A. 8044 - Created the National Youth Commission.

• RA 7610 – Anti-Child Abuse Law*

• R.A. 8369 – It established the “Family Court”.*

• R.A. 9208 – Anti-Trafficking in Persons Act of 2003.*

• R.A. 8552 – Domestic Adoption Act

• R.A. 8043 – Inter-Country Adoption Act of 1995

• PD No. 1619 – Anti-Sniffing of Rugby. This law is not applicable to children under the express
provision of RA 9344 (Sec 58).*

• PD No. 1563 – Anti-Mendicancy Law. This law is not applicable to children under the express
provision of RA 9344 (Sec 58).*

• E.O. 209 – The Family Code of the Philippines*

• R.A. No. 8370 – Children’s Television Act of 1997 (violent x-rated films)

• R.A. No. 8504 – Philippine AIDS Prevention and Control Act of 1998

• E.O. No. 56 – Authorizing the Ministry of Social Services and Development to take Protective
Custody of Child Prostitutes and sexually Exploited Children – below 17 years of age

• E.O. No. 275 – Creating a Committee for the Special Protection of Children from All Forms of
Neglect, Abuse, Cruelty, Exploitation, Discrimination and Other Conditions Prejudicial to their
Development.

• R.A. No. 6972 – Barangay Level Development and Protection of Children Act Creation of a Day-
Care Center in energy barangay

• R.A. No. 8353 – Anti-rape Law of 1997

• R.A. No. 7438 – And Act Defining Certain Rights of Person Arrested, Detained or Under
Custodial Investigation

• R.A. No. 9255 – An Act allowing illegitimate children to use the surname of their father
amending for purpose Art. 176 of E.O. 209 otherwise known as the “Family Code” of the
Philippines.

A. SALIENT FEATURES OF PD 603

Article 141. Definition of Terms:

1. Dependent Child - 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. Abandoned Child - one who has no proper parental care or guardianship, or whose
parents or guardians have deserted him for a period of at least six (6) continuous months.

3. Neglected Child - one whose basic needs have been deliberately unattended or
inadequately attended. Neglect may occur in two ways:

•There is a physical neglect when the child is malnourished, ill clad and without proper
shelter.

•A child is unattended when left by himself without provisions for his needs and/or
without proper supervision.

•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.

Art. 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.

Art. 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.

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. 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.

Idiot - offensive term in a now disused classification system for somebody with an IQ of about 25 or
under and a mental age of less than 3 years.

Imbecile - former classification system, somebody with an IQ between 25 and 50 and a mental age of
between three and seven years

Insane - Lacking reasonable thought: showing a complete lack of reason or foresight.

Art. 170. Physically Handicapped Children. - Physically handicapped children are those who are
crippled, deaf-mute, blind, or otherwise defective which restricts their means of action or
communication with others.

Art. 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.

Art. 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.
 SALIENT FEATURES OF THE JUVENILE JUSTICE WELFARE ACT

(R.A. 9344 as amended by R.A. 10630)

OVERVIEW

Brief History and Background of the Law

Conceptual Framework of the Law
Salient Features of R.A. 9344 as amended by R.A. 10630
Role of Barangay Council for Protection of Children (BCPC’s)

Philippine Laws on Youthful Offenders prior to R.A. 9344, as amended

National Laws protecting the Rights of Youthful Offenders were limited into:
Revised Penal Code
It was enacted in 1932
Adult-oriented / Distinct circumstances of a CICL are not taken into account / No
Diversion / Stigma of Criminality / No provision for aftercare / Punishes Status Offenses
Children as young as 9 yrs. old can be incarcerated inside the jail

P.D. 603
The Child and Youth Welfare Code enacted on Dec. 10, 1974
It spelled out special procedures in handling youthful offenders (Art. 189-204) E.g .
recognizance, suspension of sentence, rehabilitation in RRCY, etc .
Recognition of the role of the Five Pillars of Justice ( Community, Law Enforcement,
Prosecution Service, Courts, Correctional Institution ) in a collective effort to rehabilitate
youthful offenders and dispense justice
Establishment of BCPC’s
Studies showed a gap in the implementation of the law by the Five Pillars of Justice

Result

Continued violations of child rights were easily observed at the time of arrest and
incarceration of a CICL.
Formal education of child offenders who were enrolled at the time of arrest was
disrupted.
At the same time they also learn vices such as smoking, gambling, drinking and
substance abuse from them.

UN Convention on the Rights of the Child

 Adopted by different nations on November 1989
Philippines became a signatory in 1990
It defines a “child” as any human being below 18 years old

UN Convention on the Rights of the Child

The Convention establishes in international law that:

Signatory Nations must ensure that all children — without discrimination in any form —
benefit from:
Special protection measures and assistance
Have access to services such as education and health care
Can develop their personalities, abilities and talents to the fullest potential
Grow up in an environment of happiness, love and understanding
Are informed about and participate in, achieving their rights in an accessible and active
manner.

Art. 40 of UN Convention on the Rights of the Child

Right of CICL to legal help and fair treatment in a justice system that respects their rights
To set a minimum age below which children cannot be held criminally responsible
To provide the minimum guarantees for the fairness and quick resolution of judicial or
alternative proceedings

What does the Convention mean for the Philippines?

By accepting the Convention, the Philippines committed itself to undertake “…all

appropriate measures to ensure that the child is protected against all forms of
discrimination or punishment”

What does the Convention mean for the Philippines?

The country was entrusted with the mission to “…undertake all appropriate legislative,
administrative, and other measures for the implementation of the rights recognized in the
Convention.”

Philippine Response
 June 17, 1992 (2 yrs. From UN Convention) – enactment of R.A. 7610 (Law on Special
Protection of Children Against Abuse, Exploitation and Discrimination Act)
April 28, 2006 (16 yrs. From UN Convention) – enactment of R.A. 9344 (Juvenile Justice
Welfare Act) which became effective on May 20, 2006

What was happening to youthful offenders BEFORE R.A. 9344?

Two Kids, aged 9 and 10, arrested allegedly for Theft, are jailed in this small cell with 18
other child detainees and 16 adult prisoners.
Rosie, aged 5 years old, found wandering alone in the streets of Cebu, arrested allegedly
for Vagrancy, was jailed in this small cell together with adult prisoners.
A child’s depiction of his arrest by law enforcers.
When dealing with children, the Police Handbook states that, on arrest, children should
be “taken by the hands” rather than “dragged” or “collared.”
Despite these provisions, many child suspects are handcuffed upon arrest and during
transfer.
There also continue to be persistent reports of torture or ill-treatment including punches,
slaps, blows on the soles of the feet, being grabbed around the neck, etc.

Conceptual Framework of R.A. 9344

Principle of Restorative Justice Includes Diversion

Best Interest of the Child

RESTORATIVE JUSTICE

Enhancement of public safety by activating the offender, the victim and the community in
prevention strategies.
It is one that presumes that children in conflict with the law are themselves victims.

Diversion

The various processes by which child offenders are prevented from entering the formal
criminal justice system.
A typical component of the restorative approach

R.A. 9344 JUVENILE JUSTICE WELFARE ACT OF 2006

It became effective on May 20, 2006

Its Implementing Rules and Regulations (IRR) were enacted on September 19, 2006

Who are covered under R.A. 9344?

 Children in Conflict with the Law (CICL) children who are alleged, accused of or
adjudged of or adjudged as having committed an offense under Phil. Laws
Children-At-Risk refers to children who are vulnerable to and at the risk of committing
criminal offenses because of personal, family and social circumstances

What is the Minimum Age of Criminal Responsibility?

Children above 15 years of age but below 18 years of age who acted with discernment
Increased from above 9 years old to above 15 years old (as under the Revised Penal
Code)

What is Discernment?

The mental capacity of a child to understand the difference between what is right or
wrong and the consequences of his acts
Discernment relates to the moral significance that the person attaches to the act

Who is a Child Exempted from 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.
A child is deemed to be fifteen (15) years of age on the day of the fifteenth anniversary of
his/her birthdate.
The child shall be subjected to an intervention program. (mandatory)
A child above fifteen (15) years but below eighteen (18) years of age who acted without
discernment.
The child shall be subjected to an intervention program. (mandatory)
Those who commit 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.
E.g. vagrancy, prostitution, sniffing of rugby

Violation 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 /
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.
 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.”

Are They Exempted Also from Civil Liability?

NO. “The exemption from criminal liability herein established does not include
exemption from civil liability, which shall be enforced in accordance with existing laws.”
To be paid by their parents or guardian/s.

PROCEDURE FOR TAKING INTO CUSTODY A CHILD EXEMPTED FROM CRIMINAL

LIABILITY

Authority in Initial Contact with Child 15 yrs. old and below

Consult/Inform/Report to LSWD Officer
Immediately release the child to his/her parents or guardian, or, the child’s nearest
relative
Community-Based Intervention Program for Child by LSWD Officer
If for best interest of child: Refer to a Y outh Care Facility or ‘ Bahay Pag-asa ’

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 duly registered nongovernmental or religious organization;

A barangay official or a member of the Barangay Council for the Protection of Children
(BCPC);
A local social welfare and development officer; or, when and where appropriate, the
DSWD .

If the child has been found by the LSWD 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

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 PD 603. The
minimum age for children committed to a youth care facility or ‘ Bahay Pag-asa ’ shall be twelve (12)
years old .”

PROCEDURE DURING INITIAL INVESTIGATION (INQUEST)

Law Enforcement must determine where case of CICL must be referred

Statement of Child takes in the presence of (a) counsel or public attorney; (b) child’s
parents/guardians/nearest relative’ and (c) LSWD Officer.
Social worker must conduct an initial assessment to (a) determine appropriate
intervention; and (b) determine discernment.
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.
If the child is above fifteen (15) years old but below eighteen (18) and who acted with
discernment, proceed to diversion.

PROCEDURE DURING PRELIMINARY INVESTIGATION & FILING OF INFORMATION

Preliminary Investigation is conducted by prosecutor if (a) child not qualified for

diversion; (b) child and parents refuse to undergo diversion and (c) diversion is not
appropriate.
Prosecutor must (a) serve subpoena and affidavit of compliant to child; (b) notify PAO
and place of detention of CICL.
Determine probable cause.
File information in family court within 45 days from start of preliminary investigation.

What if Children who are Exempt from Criminal Responsibility Commit Serious Crimes ?

He/She shall be deemed a neglected child under PD 603

He/She 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).

Qualifications:

The child is above twelve (12) years of age up to fifteen (15) years of age
The child 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
Procedure:

Petition for involuntary commitment and placement under the IJISC shall be filed by the
local social welfare and development officer of the LGU where the offense was
committed or by the DSWD worker
Filed within 24 hours from the time of the receipt of a report on the alleged commission
of said child.
The Court shall decide on the petition within 72 hours.

What if Children who are Exempt from Criminal Responsibility are Repeat Offenders ?

He/She shall be deemed a neglected child under PD 603

He/She shall undergo an intensive intervention program supervised by the local social
welfare and development officer

Qualifications:

The child is above twelve (12) years of age up to fifteen (15) years of age
The child was previously subjected to a community-based intervention program
The child’s parents or guardians shall execute a written authorization for the voluntary
commitment of the child if the best interest of the child requires that he/she be placed in a
youth care facility or ‘ Bahay Pag-asa ’
Petition for Involuntary Commitment shall be immediately filed by the DSWD or the
LSWDO:
if the child has No parents or guardians or
if they refuse or fail to execute the written authorization for voluntary commitment

What if the Children are Exploited by Adults for the Commission of Crimes?

Any person who, in the commission of a crime

makes use, takes advantage of, or profits from the use of children,
including any person who abuses his/her authority over the child or who, with abuse of
confidence,
takes advantage of the vulnerabilities of the child and
shall induce, threaten or instigate the commission of the crime,
Shall be imposed the penalty prescribed by law for the crime committed in its maximum
period.
Under R.A. 7610.
Any person who shall use, coerce, force or intimidate a street child or any other child to:
Beg or use begging as a means of living ;
Act as conduit or middlemen in drug trafficking or pushing; or
Conduct any illegal activities,
Shall suffer the penalty of prision correctional in its medium period to reclusion perpetua
Diversion

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

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 committed an offense
Diversion is the same a Tertiary Intervention

Venues of Diversion

Barangay, Police, Prosecutor Level

If 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 but not more than
twelve (12) years imprisonment

Katarungang Pambarangay Level

Conducted by the Lupon Tagapamayapa, chaired by the Punong Barangay, with the
assistance of the members of the BCPC
Punong Barangay shall conduct mediation / family conferencing / conciliation / adopt
indigenous modes of conflict resolution

Barangay Level
 Absence of the offended party or his/her disagreement in its conduct shall not prevent the
proceedings from being conducted.
The Punong Barangay shall, however, endeavor to obtain the participation and the
consent of the offended party in the formulation of the diversion program.
Objectives:

restorative justice / formulation of a diversion program

Child and his/her family shall be present in the conduct of these diversion proceedings
Offended party may participate in the diversion proceedings

Contract of Diversion

Child voluntarily admits commission of the act

Victim and offender must both agree to diversion

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
On Diversion Program

Child must present himself/herself at least once a month for reporting & evaluation
Failure to comply w/ the terms and conditions of DP as certified by the LSWDO, victim
has the option to institute appropriate legal action

Formulation of the Diversion Program

An individualized treatment Consider the following factors:

Child’s feelings of remorse for the offense he or she committed/
Parents’ or legal guardians’ ability to guide and supervise the child /
Victim’s view about the propriety of the measures to be imposed /
Availability of community-based programs for rehabilitation and reintegration of the
child

Kinds of Diversion Program

 Restitution of property
Reparation of the damage caused
Indemnification for consequential damages
Written or oral apology
Care, guidance and supervision orders / Counseling for the CICL and the child’s family
Attendance in trainings, seminar and lectures on: anger management skills, problem
solving and/or conflict resolution skills, values formation, other skills in dealing w/
situations which can lead to repetition

Barangay Level

Participation in available community-based programs including community service

Participation in education, vocation and life skills programs

Law Enforcement & Prosecution & Social Worker Level

Diversion programs previously specified

Confiscation and forfeiture of the proceeds or instruments of the crime

Court Level

Diversion programs previously specified

Written or oral reprimand or citation
Fine
Payment of cost of the proceedings
Institutional care and custody

Court Proceedings

Apply privileged mitigating circumstance of Minority to fix, Reduce Bail

IF CHILD IS DETAINED: Release On Recognizance, Bail, Transfer to Youth Home,
Rehabilitation Center
Institutionalization Last Resort, for Shortest Period
No detention of child in jail pending trial

When CICL Found Guilty

Determine Civil Liability

 Instead of pronouncing judgment of conviction, automatic suspension of sentence ‘ full
credit of time in detention, actual confinement / other disposition measures under SC
Rule on JICL

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.

“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.

Establishment of IJISC

“Part of the features of a ‘ Bahay Pag-asa ’ is an Intensive Juvenile Intervention And

Support Center (IJISC).
“ 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.”

Care and Maintenance of the Child in Conflict with the Law

The LGUs expected expenditures on the local juvenile intervention program for children
at risk and children in conflict with the law shall be included in the LGUs annual budget.
 Highly-urbanized cities and provincial governments should include a separate budget for
the construction and maintenance of the ‘ Bahay Pag-asa ’ including the operation of the
IJISC within the ‘ Bahay Pag-asa ’.”

THE SALIENT FEATURES, ISSUES, PROBLEMS, AND CONCERNS IN THE IMPLEMENTATION OF R.A. 9262 OR
THE ANTI-VIOLENCE AGAINST WOMENAND THEIR CHILDREN ACT (ANTI- VAWC) OF 2004.

2. SALIENT FEATURES OF THE ANTI- VAWC ACT

3. a. Barangay Protection Order (BPO)b. Temporary Protection Order (TPO)c. Permanent Protection
Order (PTO)

4. VAWC is now a public crime.

5. Immunity from suit ofpersons who responds orintervene to a woman beingabused.

6. Providing for a HoldDeparture Order against therespondents.

7. Criminal Acts under R.A. 92621. Physical Abuse2. Sexual Abuse3. Psychological Abuse4. Economic or
Financial Abuse

8. Additional paid leave ofabsence from work for ten(10) days.

9. Providing for the rights ofthe victim to be treated withdignity, avail of legal services,and support
services from theDSWD and the LGU. LGU

10. PROBLEMS IN THEENFORCEMENT OF R.A. 9262ANTI VAWC

11. J a. udges who continueto believe that the ANTI –VAWC is unfair to men or isunconstitutional.

12. b. ANTI – VAWCdestroys the unity of thefamily, that they must keepfamilythe marriage
inviolabledespite the violence of thehusband.husband

13. Creation of SpecializedCourts to handle Violenceagainst Women and theirChildren in order to

guaranteetimely and efficient handlingof VAWC Cases.

14. Raising public awarenessand passage of laws providingfor compulsory education in alllevels of
schooling on the rightsof women and girls, promoting girlsgender equality and inparticular, the rights of
womenand girls to be free from allforms of violence.

15. a. National Women’s phone hotline.b. Temporary Sheltersc. Legal Service

16. d. Livelihood and long time supporte. Counseling and specialized services for particulargroups of
women.