Republic of the Philippines Province of Camarines Sur MUNICIPALITY OF PAMPLONA -00000- OFFICE OF THE SANGGUNIANG BAYAN SECRETARY July 30,2021 ‘THE HONORABLE MEMBERS Sangguniang Panlalawigan Province of Camarines Sur Legislative Building, Cadlan, ili, Camarines Sur ‘Thru: THE PROVINCIAL SECRETARY Gentlemen and Mesdames: Ihave the honor to submit herewith seventeen (17) hard copies and one (1) CD or soft copy ORDINANCE NO. 040-2021 entitled: “THE CHILDREN’S WELFARE CODE OF THE MUNICIPALITY OF PAMPLONA, CAMARINES SUR, AS AMENDED. For review, in accordance with Section 56 of RA 7160 otherwise known as the Local Government Code of 1991. Thank you very much. Enclosures: 1. Seventeen (17) hard copies and one (1) CD 2. Certification that the said soft copy is the PDF Format 3. Certification that the said ordinances were furnished to the barangays for information dissemination. 4. Certification that the above-mentioned ordinances were posted in three (3) conspicuous places of this municipality. OFFICE OF THE SECRETARY TO THE SANGGUNIAN | email: karen.abesa@gmailcomRepublic of the Philippines Province of Camarines Sur MUNICIPALITY OF PAMPLONA ~00000- OFFICE OF THE SANGGUNIANG BAYAN SECRETARY CERTIFICATION This is to certify that the soft copy in the PDF Format is the exact and faithful copy of Municipal ORDINANCE NO. ORDINANCE NO. 040-2021 entitled: “THE CHILDREN’S WELFARE CODE OF THE MUNICIPALITY OF PAMPLONA, CAMARINES SUR, AS AMENDED” and arranged as to the order of the original copy Issued this 30th day of July 2021 at Pamplona, Camarines Sur. D.Al nee x syetary tothe Sanggunian OFFICE OF THE SECRETARY TO THE SANGGUNIAN | email: karen.abesa@gmail.com [iRepublic of the Philippines Province of Camarines Sur MUNICIPALITY OF PAMPLONA -00000- OFFICE OF THE SANGGUNIANG BAYAN SECRETARY CERTIFICATION This is to certify that the soft copy in the PDF Format is the exact and faithful copy of Municipal ORDINANCE NO. ORDINANCE NO. 040-2021 entitled: “THE CHILDREN’S WELFARE CODE OF THE MUNICIPALITY OF PAMPLONA, CAMARINES SUR, AS AMENDED" and arranged as to the order of the original copy Issued this 30th day of July 2021 at Pamplona, Camarines Sur. / RE ). ABESA-HEBRIO Secye ie Sanggunian OFFICE OF THE SECRETARY TO THE SANGGUNIAN | email: karen.abesa@gmail.com [iRepublic of the Philippines Province of Camarines Sur MUNICIPALITY OF PAMPLONA -00000- OFFICE OF THE SANGGUNIANG BAYAN SECRETARY July 30, 2021 ‘TO WHOM IT MAY CONCERN: This is to certify that ORDINANCE NO. 040-2021 entitled: “THE CHILDREN'S WELFARE CODE OF THE MUNICIPALITY OF PAMPLONA, CAMARINES SUR, AS AMENDED” was enacted by the Sangguniang Bayan of Pamplona, Camarines Sur on March 16, 2021 and was submitted to the people for public hearing on February 19, 2021 at the Municipal Covered Court. Issued on 30th day of July 2021 at Pamplona, Camarines Sur for record and reference purposes in connection with the Section 56 and R.A. 7160, otherwise known as the Local Government Code of 1991. OFFICE OF THE SECRETARY TO THE SANGGUNIAN — | email: karen.abesa@gmail.com {iiRepublic of the Philippines Province of Camarines Sur MUNICIPALITY OF PAMPLONA -00000- OFFICE OF THE SANGGUNIANG BAYAN “EXCERPT FROM THE MINUTES OF THE 11™ REGULAR SESSION OF THE SANGGUNIANG BAYAN OF PAMPLONA, CAMARINES SUR ON MARCH 16, 2021 HELD AT THE SB SESSION HALL: PRESENT: Hon. Dennis C.Castilla - ‘Temporary Presiding Officer Hon. Nessa R. Sibulo Hon. Lourdes B. Butial Hon. Marlene L. Raymundo Hon. Jerry T. Aquino Hon. Nilda A. Donacao Hon. Joselito S. Legaspi, Sr. Hon. Gil SA Bordon EXCUSED: Hon. Josefa V. Fabi ; Hon. Gail Sheena Al Francisco-Bogayan ABSENT: _None. ORDINANCE NO. 040-2021 THE CHILDRENS WELFARE CODE OF THE MUNICIPALITY OF PAMPLONA, CAMARINES SUR, AS AMENDED. Be it ordained by the Sangguniang Bayan of Pamplona in a Regular Session assembled that: Article I TITLE, POLICY, PRINCIPLES AND DEFINITION OF TERMS Section 1. TITLE - This Ordinance shall be known as “THE CHILDREN’S WELFARE CODE OF THE MUNICIPALITY OF PAMPLONA, CAMARINES SUR”. Section 2. DECLARATION OF POLICIES AND PRINCIPLES a. It is hereby declared to be the policy of the Municipality of Pamplona in conformity with the mandate of the Constitution, Laws, Issuance and the 1989 UN Convention of the Rights of the Child which provides among others four general principles as follows: 1) Inall actions concerning children, whether undertaken by the public or private social welfare institutions, court of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration; ORDINANCE NO. 040-2021. MARCH 16, 2021 J Jo va He Fe Wu ttx 2) The states parties are required to “assure the child who is capable of forming his or her own views has the right to express those views freely in all matters affecting the child, the views of the child being given weight in accordance with the age of maturity of the child’. 3) The third principle is that of the survival and development of the child, “Survival” is an amplification of the right to life. The term “development” relates to the individual child and should be interpreted in broad sense. It adds a qualitative aspect to the right to life and implies thatlaw, policy and administrative action must look beyond the physical survival at the child to issues of cognitive, emotional, social and cultural development; 4) The fourth principle is the non-discrimination of children. b. It is also the policy of the Municipality to defend the rights of children to assistance including health, nutrition, education and special protection from all forms of abuse, neglect, cruelty, exploitation and discrimination, and other conditions prejudicial to their interests and provide sanctions for their commission. c. Itis also the policy of the Municipality of Pamplona, that the best interest of children shall be the paramount consideration in all actions concerning them, where every effort shall be exerted to promote the welfare of children and enhance their opportunities for a useful and happy life. 4d. It is likewise the policy of the Municipality, that it will work for the respect of the role of the family in providing for the children and will support the efforts of parents, other child care and development workers, NGOs and communities to nurture and care for children from infancy including the earliest stages of childhood to adolescence and to ensure that the programs aimed at the achievement of goals, such programs are protected in times of economic severity and structural adjustments. Section 3. DEFINITION OF TERMS - For the purpose of this Ordinance, the following terms shall mean: a, Anti- Social Related Activities - are those act against property, chastity and persons which include but not limited to the following: 1) Petty crimes such as snatching, shoplifting, misrepresentation: 2) Using and pushing prohibited drugs, selling illegal or lewd reading materials; 3) Pimping for young and old prostitutes and sexual provisions, doing and participating in obscene shows; 4) Gambling of any form; 5) Rape and incest, acts of lasciviousness; and 6) Any other circumstances as defined in the existing laws. ORDINANCE NO. 040-2021. MARCH 16, _ Sa Moa— fin ppb. Benefit Dance- refers to a dance in the locality where children are utilized in the process for fund raising purposes; c. Children- refer to person/s below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition; d. Child Abuse- refers to the maltreatment of the child, whether habitual or not, which includes any of the following: 1) Physiological and physical abuse, neglect, abandonment, cruelty, sexual abuse and emotional maltreatment; 2) Any act by deeds or words which debase, degrade or demean the intrinsic worth and dignity ofa child as a human being; 3) Unreasonable deprivation of his/her basic needs of survival such as food, education and shelter; or 4) Failure to immediately provide medical treatment to an injured child resulting to serious impairment of his/her growth and development of permanent incapacity or death. e. Child Labor- refers to the employment of children under 15 years old which is prohibited unless under the direct supervision of parents and under certain requirements and in non-hazardous occupation, pursuant to Sec. 12 of RA 7658; £, RA 7658- an Act prohibiting the employment of children below fifteen (15) years of age in public and private undertakings. g. Republic Act 9231 - an Act providing for the elimination of the worst forms of child labor and affording stronger protection for the working child, amending for this purpose republic act no. 7610, as amended, otherwise known as the "special protection of children against child abuse, exploitation and discrimination act. h. Child 21- Other name for the Philippine National Strategic Framework for Plan Development for Children adopted through Executive Order No. 310 which is a strategic framework for planning programs and interventions that promote and safeguard the rights of Filipino children; i. Circumstances which gravely threaten or endanger the survival and normal development of children- include but are not limited to the following: 1. Being a community where is aimed conflict or being affected by armed conflict-related activities; 2. Working under conditions hazardous to life, safety and morals which unduly interfere with their normal development or working without provision for their education; ORDINANCE NO. 040-2021. MARCH 16, 20213. Living in or fending for themselves in the streets of urban and rural areas without the care of parents or guardians or any adult supervision needed for their welfare; 4. Being a member of an indigenous cultural community and/or living under conditions of extreme poverty or in area which in underdeveloped and/or lack or has inadequate access to basic services needed for a good quality of life; 5. Being with family members or guardians having psychological problems grave enough for them to commit incest, siblings rape, lascivious acts and other forms of physical and mental abuse. 6. Being a victim a man-made or natural disaster calamity; or 7. Circumstances analogous to those above stated which endanger life, safety or normal development of children j. Comprehensive Children’s Support Against Child Abuse, Exploitation and Discrimination- refers to the coordinated programs of services and facilities to protect children against: 1) Child prostitution and other sexual abuse; 2) Child trafficking; 3) Obscene publications and indecent shows; 4) Other acts of abuse; 5) Circumstances which threaten or endanger the survival and normal development of children or as prescribed in the UN Convention of the Rights of the Child k. Convention on the Rights of Children ~ adopted in November 20, 1989 by the United Nations General Assembly, emphasizes the rights of children on survival, protection, development, and participation in governance. The Philippines became the 31% State to ratify the Convention on July 26, 1990 by D virtue of Senate Resolution No. 109; 1. Development Rights ~ pertains to the access of a child to educational : opportunities, relevant information, play, leisure, cultural activities and the rights to freedom of thought, conscience and religion; m. Legal Guardian - is any person duly appointed by a court of OX competent authority to exercise care and custody or having parental authority over the person of such chil n, Members of the Family - are those persons having family relations referred to under Article 150 of the Family Code of the Philippines. It shall include the employer- parent's or legal guardian's husband or wife, parents, children, other ascendants or descendants, brothers and sisters whether of full or half-blood; ORDINANCE NO. 040-2021. MARCH 16, 2021 CC _o. Participation Rights - pertains to the rights of freedom to expression and to have one’s views taken into account, involvement in decision making in matters affecting his/her life as part of preparation for responsible citizen and consultative process, freedom of association and assembly; p. Pre-school education - refers to the age from birth to six (0-6) years old known to be critical phase of the child’s psychomotor development. It is the phase when ninety percent (90%) of the human brain is developed. q. Protection Rights - cover those rights which guard children against all forms and abuse, exploitations and discrimination, and in areas where a child is considered to be in extremely difficult circumstance; r. Survival Rights - include the inherent right to life, the right to a name and nationality, the right to identify and those dealing with parental and governmental duties and obligation, adequate and descent standard of living, access to basic health care and services and social security and rehabilitation. s. Special Children - refers to children who have visual, hearing and speech impairments, specific learning disabilities, behavioral problems, mental retardation, autism, globally delay pelt syndrome and/or orthopedic handicaps ages 5 to 15 years old. \ Article Il SURVIVAL AND DEVELOPMENT RIGHTS OF CHILDREN. Section 4. PROGRAM FRAMEWORK - The Municipal Government of Pamplona shall ensure optimum standards tom achieve the basic needs and adequate children’s health care and services, nutrition and decent living, social security and rehabilitation, access to educational opportunities, relevant information, play, leisure, cultural activities, and right to freedom of thought, conscience and religion on child survival and development and to this end shall take appropriate measures to: a) To lessen infant and child mortality; b) To ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care; ©) To combat disease and malnutrition, including within the framework of primary health care, and through the provision of adequate nutritious foods and clean drinking water, taking into consideration the dangers and risks of environmental pollution; | 4) To ensure that parents and children are informed, have access to education and are supported in the use of basic knowledge of child health and nutrition, the advantages of breast feeding, hygiene and environmental sanitation and the prevention of : accidents; ORDINANCE NO. 040-2021. MARCH 16,€) To develop preventive health care, guidance for parents and family planning education and services. Section 5. RESPONSIBLE PARENTHOOD AND REPRODUCTIVE HEALTH. Republic Act 10354 otherwise known as the Responsible Parenthood and Reproductive Health Act of 2012, is herein adopted. ‘The Municipal Government recognizes and guarantees the human rights of all persons including their right to equality and nondiscrimination of these rights, the right to sustainable human development, the right to health which includes reproductive health, the right to education and information, and the right to choose and make decisions for themselves in accordance with their religious convictions, ethics, cultural beliefs, and the demands of responsible parenthood. Moreover, the State recognizes and guarantees the promotion of gender equality, gender equity, women empowerment and dignity as a health and human rights concern and as a social responsibility. The advancement and protection of women’s human rights shall be central to the efforts of the State to address reproductive health care. The local government likewise recognizes marriage as an inviolable social institution and the foundation of the family which in turn is the foundation of the nation. Pursuant thereto, it shall defend: (a) The right of spouses to found a family in accordance with their religious convictions and the demands of responsible parenthood; (b) The right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their development; (©) The right of the family to a family living wage and income; and (A) The right of families or family associations to participate in the planning and implementation of policies and programs SECTION 6. HIRING OF SKILLED HEALTH PROFESSIONALS FOR \ MATERNAL HEALTH CARE AND SKILLED BIRTH ATTENDANCE. ~ The municipal government shall endeavor to hire an adequate number of nurses, midwives and other skilled health professionals for maternal health care and skilled birth attendance to achieve an ideal skilled health professional-to- patient ratio taking into consideration DOH targets: Provided, That people in geographically isolated or highly populated and depressed areas shall be provided the same level of access to health care: Provided, further, That the national government shall provide additional and necessary funding and other necessary assistance for the effective implementation of this provision. ORDINANCE NO. 040-2021. MARCH 1 Ae _SECTION 7. HEALTH CARE FACILITIES.- Each LGU, upon its determination of the necessity based on well-supported data provided by its local health office shall endeavor to establish or upgrade hospitals and facilities with adequate and qualified personnel, equipment and supplies to be able to provide emergency obstetric and newborn care: Provided, That people in geographically isolated or highly populated and depressed areas shall have the same level of access and shall not be neglected by providing other means such as home visits or mobile health care clinics as needed: Provided, further, That the national government shall provide additional and necessary funding and other necessary assistance for the effective implementation of this provision. SECTION 8. ACCESS TO FAMILY PLANNING. - All accredited public health facilities shall provide a full range of modern family planning methods, which shall also include medical consultations, supplies and necessary and reasonable procedures for poor and marginalized couples having infertility issues who desire to have children: Provided, That family planning services shall likewise be extended by private health facilities to paying patients with the option to grant free care and services to indigents, except in the case of non- maternity specialty hospitals and hospitals owned and operated by a religious group, but they have the option to provide such full range of modern family planning methods: Provided, further, That these hospitals shall immediately refer the person seeking such care and services to another health facility which is conveniently accessible: Provided, finally, That the person is not in an emergency condition or serious case as defined in Republic Act No. 8344. No person shall be denied information and access to family planning services, whether natural or artificial: Provided, That minors will not be allowed access to modern methods of family planning without written consent from their parents or guardian/s except when the minor is already a parent or has had a miscarriage. SECTION 9. MATERNAL DEATH REVIEW AND FETAL AND INFANT DEATH REVIEW. - All LGUs, national and local government hospitals, and other public health units shall conduct an annual Maternal Death Review and Fetal and Infant Death Review in accordance with the guidelines set by the DOH. Such review should result in an evidence-based programming and budgeting process that would contribute to the development of more responsive reproductive health services to promote women's health and safe motherhood. K SECTION 10. RESPONSIBLE PARENTHOOD AND FAMILY PLANNING - Prior to the issuance of a marriage license, the applicant is required to participate a Responsible Parenthood and Family Planning Courses without prejudice to other requirements, wherein the MSWD and Population officer shall conduct the courses. SECTION 11. PROMOTION OF PRIMARY HEALTH CARE PROGRAM- a) To make essential nutrition and health services at the barangay level providing the children with basic immunization services and protect them from endemic diseases. ORDINANCE NO. 040-2021. MARCH 16, 2021b) To establish a comprehensive “Parents Orientation Development Program “which include courses on reproductive health, child health and child rearing practices in the context of the Filipino Psychology. ©) To monitor the full implementation of the “Milk Code” of the Philippines and advocate or the prosecution of milk firms which violate the code. 4) To conduct massive information and education on breastfeeding. Utilizing the existing reference materials for effective breastfeeding education program, And that students in all levels are required to take up breastfeeding course which shall be an integral part of the curricula. SECTION 12, MATERNAL AND CHILD HEALTH PROGRAM - The Municipal Government of Pamplona shall support its maternal and child health care program, which shall cater to the health of the mother that will affect the child in the womb during pregnancy so that the mother will bear a healthy baby. ‘The following program shall be under the administration and supervision of the Municipal Health Office, to wit: 1) Pregnant women shall get at least four complete pre-natal and neonatal check-ups. 2) Pregnant or lactating mothers shall be given sufficient doses of Vitamin A and iron. 3) Pregnant women who are at risk get emergency obstetric medical care. 4) All births must be attended by trained personnel. 5) The infants must exclusively be breastfed up to (6) Six months except for medical reason when the mother cannot breastfeed. 6) Children 0-2 years old must be weighed monthly. 7) Children must be given one dose of Vitamin A from 6-11 months, and for 1-5 years old must be given Vitamin A capsule twice a year. 8) All pregnancies must be spaced at least 2 years apart. SECTION 13. INTEGRATION OF PROGRAMS. In pursuant to Republic Act 11148 otherwise known as the “Kalusugan at Nutrisyon ng Magnanay Act” which provides that LGUs are encouraged to integrate maternal, neonatal, child health and nutrition programs in the local nutrition action plans and investment plans for health, is hereby adopted with the following program components that include health and nutrition services and interventions provided at the different life stages. The LGUs, NGAs, concerned CSOs, and other stakeholders shall work together to ensure the delivery of these services and interventions. (a) Prenatal Period (First Two Hundred Seventy (270) Days). ~ Prenatal care services at the facility and community level shall include, but not be limited to, the following: ORDINANCE NO. 040-2021. MARCH 16, 2021 do a ~ x i 8(1) Pregnancy tracking and enrollment to antenatal care services (ANC); (2) Regular follow up to complete the recommended minimum number of quality ANC care visits with proper referral for high-risk pregnancies; (3) Provision of maternal immunizations including tetanus and diphtheria toxoid vaccine, and other vaccines as appropriate; (4) Empowering women on the preparation of birth and emergency plans, and appropriate plans for breastfeeding and rooming-in, including counselling; (5) Counselling on maternal nutrition, appropriate infant and young child feeding practices; (6) Early identification and management of nutritionally at- risk pregnant women and pregnant adolescent females and provision of ready-to-use supplementary food (RUSF) in addition to dietary supplementation; (7) Provision of micronutrient supplements such as iron, folic acid, calcium, iodine and other micronutrients deemed necessary; (8) Promotion of the consumption of iodized salt and foods fortified with micronutrients deemed necessary; (9) Assessment of risk for parasitism and provision of anti- helminthic medicines; (10) Provision of oral health services including oral health assessment; (11) Counselling on proper hand-washing, environmental sanitation, and personal hygiene; (12) Counselling on, and utilization of, responsible parenthood and family health services; (13) Counselling on nutrition, smoking cessation, and adoption of healthy lifestyle practices; (14) Philippine Health Insurance Corporation (PhilHealth) enrollment and linkages to facility and community-based health and nutrition workers and volunteers; (15) Social welfare support to improve access to health and nutrition services, such as, but not limited to, dietary supplementation, healthy food products and commodities for ORDINANCE NO. 040-2021. MARCH 16, 2021 SF 2 i * ‘nutritionally-at-risk pregnant women belonging to poorest of the poor families, including those with disabilities; (16) Maternity protection during pregnancy; (17) Counselling and support to parents and caregivers on parent/caregiver-infant/child interaction for responsive care and early stimulation for early childhood development; (18) Provision of counselling and psychosocial support to parents and caregivers with priority to high-risk pregnant women and adolescent females belonging to poorest of the poor families; and (19) Others as may be determined based on international and national guidelines and evidence generated locally. (b) Women About to Give Birth and Immediate Postpartum Period. - Health and nutrition services at the facility and community level shall include, but not be limited to, the following: (1) Adherence to the couple's birth, breastfeeding, and rooming-in plans; (2) Provision of mother-friendly practices during labor and delivery in line with, and in compliance with, Mother and Baby-Friendly Health Facility Initiative (MBFHFI), Republic Act No. 10028, otherwise known as the "Expanded Breastfeeding Promotion Act of 2009", Executive Order No. 51 or the “Milk Code", and other related administrative issuances of the DOH on maternal and newborn care; (3) Monitoring of the progress of labor and the well-being of both the mother and the fetus, and provision of interventions to any health issue that may arise; (4) Identification of high-risk newborns that will be delivered; the premature, small for gestational age (SGA), and/or low birth weight infants; and the provision of preventive interventions to reduce complications of prematurity or low birth weight; (5) Coverage and utilization of PhilHealth benefit packages for maternal care; (6) Nutrition counselling and provision of nutritious food and meals at the facility, most especially for women who gave birth to babies who are preterm, SGA, or low birth weight, until discharged; ORDINANCE NO. 040-2021. MARCH 16,SS x (7) Provision of lactation management services to support breastfeeding initiation and exclusive breastfeeding for six (6) months, most especially for caesarean deliveries, and thereafter until discharged; (8) Counselling on proper hand-washing, environmental sanitation, and personal hygiene; (9) Counselling on, and utilization of, modern methods of family planning and access to reproductive health care services, as defined in Republic Act No. 10354, otherwise known as "The Responsible Parenthood and Reproductive Health Act of 2012"; (10) Maintenance of non-separation of the mother and her newborn and rooming-in for early breastfeeding initiation; (11) Assurance of women and child-friendly spaces during calamities, disasters, or other emergencies; (12) Provision of support to fathers and caregivers to ensure their commitment to support the mother and the child on proper health and nutrition care and provide necessary counselling and positive parenting support interventions; (13) Counselling and support to parents and caregivers on parent/caregiver-infant/child interaction for responsive care and early stimulation for early childhood development; and (14) Others as may be determined based on international and national guidelines and evidence generated locally. (©) Postpartum and Lactating Women. - Health and nutrition services at the facility and community level shall include, but not be limited to, the following: (1) Follow-up visits to health facilities where they gave birth; (2) Home visits for women in difficult-to-reach communities especially if located in a GIDA; (3) Lactation support and counselling from birth up to two (2) years and beyond, including those women who will return to work and for women in the informal economies, and those with breastfeeding difficulties; (4) Nutrition assessment and counselling to meet the demands of lactation in health facilities and workplaces; (5) Identification and management of malnutrition of chronically energy deficient (CED) and nutritionally-at-risk ORDINANCE NO. 040-2021. MARCH 16, 2021 Fypostpartum and lactating women, including adolescent mothers, and provision of RUSF in addition to dietary supplementation, as appropriate; (6) Organization of community-based mother support groups and peer counsellors for breastfeeding in cooperation with other health and nutrition workers; (7) Lactation breaks for women in the workplaces including micro, small and medium enterprises; (8) Availability of lactation stations in the workplaces, both in government and in the private sector, informal economy workplaces, and in public places and public means of transportation as stipulated in Republic Act No. 10028, otherwise known as the "Expanded Breastfeeding Promotion Act of 2009" and its implementing rules and regulations; (9) Organization of breastfeeding support groups in workplaces, in cooperation with occupational health workers and human resource managers trained in lactation management for the workplace; (10) Provision of micronutrient supplements including iron, folic acid, Vitamin A and other micronutrients deemed necessary; (11) Promotion of the consumption of iodized salt and foods fortified with micronutrients deemed necessary; (12) Provision of oral health services; (13) Counselling on, and utilization of, modern methods of family planning, and access to reproductive health care services, as defined in Republic Act No. 10354, otherwise known as "The Responsible Parenthood and Reproductive Health Act of 2012"; (14) Social welfare support to improve access to health and nutrition services, such as, but not limited to, dietary supplementation, healthy food products and commodities for CED and nutritionally-at-risk postpartum and/or lactating women belonging to poorest of the poor families; (15) Assurance of women-friendly and child-friendly spaces where mothers and their infants will be able to continue breastfeeding during calamities, disasters, or other emergencies; (16) Provision of support to fathers and caregivers to ensure their commitment to support the mother and the child on ORDINANCE NO. 040-2021. MARCH 16, 2021 B cA) i J * X éproper health and nutrition care and provide necessary counselling and positive parenting support intervention; (17) Counselling and support to parents and caregivers on parent/caregiver-infant/child interaction for responsive care, and early stimulation for early childhood development; and (18) Others as may be determined based on international and national guidelines and evidence generated locally. (d) Birth and Newborn Period (Twenty-eight (28) Days). - Health and nutrition services at the facility and community level shall include, but not be limited to, the following: (1) Provision of baby-friendly practices during delivery in line, and in compliance, with the MBFHFI and essential newborn care protocol of the DOH in all facilities providing birthing services; (2) Provision of early and continuous skin-to-skin contact to all full-term babies and continuous kangaroo mother care for small babies born preterm and low birth weight, in compliance with the newborn protocol of the DOH in all facilities providing birthing services; (3) Maintenance of non-separation of the mother and her newborn from birth for early breastfeeding initiation and exclusive breastfeeding; (4) Provision of routine newborn care services such as eye prophylaxis, Vitamin K supplementation, and immunizations; (5) Administration of newborn screening and newborn hearing screening; (6) Availment and utilization of appropriate PhilHealth benefit packages for the newborn including the preterm, low birth weight and small babies; (7) Provision of early referral to higher level facilities to manage illness and/or other complications; (8) Availability of human milk pasteurizer for strategic level two (2) and level three (3) facilities with neonatal intensive care units to ensure breastmilk supply for small babies born preterm and low birth weight within its facility, the service delivery network it serves, and for use of infants and young children during emergencies and disasters; = AE Wg ORDINANCE NO. 040-2021. MARCH 16, 2021(9) Assurance of a child-friendly space where exclusively breastfed infants will be able to continue breastfeeding during calamities, disasters or other emergencies; (10) Social welfare support to improve access to health and nutrition services for newborns belonging to poorest of the poor families; (11) Facilitate the prompt birth and death registration, including fetal deaths, including restoration and reconstruction of birth and death registration documents destroyed during disasters; (12) Counselling and support to parents and caregivers on parent/caregiver-infant/child interaction for responsive care and early stimulation for early childhood development; (13) Provision of support to parents and caregivers on early stimulation and responsive care for infants; and (14) Others as may be determined based on international and national guidelines and evidence generated locally.14wphil (c) First Six (6) Months of Infancy (One Hundred Eighty (180) Days). - Health (and nutrition services at the facility and community level shall include, but not be limited to, the following: (1) Provision of continuous support to mother and her infant for exclusive breastfeeding, including referral to trained health workers on lactation management and treatment of breast conditions; (2) Provision of appropriate and timely immunization services integrated with assessment of breastfeeding, early S) child development, growth monitoring and promotion, and Infant and Young Child Feeding (TYCF) counselling; (3) Growth and development monitoring and promotion of all infants less than six (6) months old especially those who had low birth weight, are stunted, or had acute malnutrition; (4) Counselling household members on hand-washing, environmental sanitation, and personal hygiene; (5) Provision of early referral to higher level health facilities to manage common childhood illnesses including acute malnutrition; (6 Identification and management of moderate or severe acute malnutrition among infants less than six (6) months old and provision of lactation management services and ORDINANCE NO. 040-2021. MARCH 1 1 _—management of medical conditions contributing to malnutrition; (7) Counselling and support to parents and caregivers on parent/caregiver-infant/child interaction for responsive care and early stimulation for early childhood development; (8) Social welfare support to improve access to health and nutrition services for newborns belonging to poorest of the poor families; (9) Provision of support to fathers and caregivers to ensure their commitment to support the mother and the child on proper health and nutrition care and provide necessary counselling and positive parenting support interventions; (10) Assurance of women and child-friendly spaces during calamities, disasters, or other emergencies where health and nutrition services for women and children shall be provided; and (11) Others as may be determined based on international and national guidelines and evidence generated locally. (8 Infants Six (6) Months up to Two (2) Years of Age. - Health and nutrition services at the community level shall include, but not be limited to, the following: (1) Timely introduction of safe, appropriate, and nutrient- dense quality complementary food with continued and sustained breastfeeding for all infants from six (6) months up to two (2) years of age, with emphasis on the use of suitable, nutrient-rich, home-prepared, and locally available foods that are prepared and fed safely; b (2) Provision of nutrition counselling on complementary food preparation and feeding to mothers and caregivers; (3) Dietary supplementation of age-appropriate and nutrient- dense quality complementary food; (4) Growth and development monitoring and promotion in health facilities and at home; (5) Provision of routine immunizations based on the latest DOH guidelines; (6) Provision of micronutrient supplements deemed necessary; ORDINANCE NO. 040-2021. MARCH 16, 2021Sf 22 (7) Management of common childhood illnesses based on WHO and DOH guidelines; (8) Management of moderate and severe acute malnutrition using national guidelines and proper referral to higher level health facilities. as appropriate, for treatment and management, especially those with serious medical complications; (9) Provision of oral health services including application of fluoride varnish to prevent dental caries; (10) Provision of anti-helminthic tablets for children one (1) to two (2) years old as appropriate; (11) Availability of potable source of water, counselling of household members on hand-washing, environmental sanitation, and personal hygiene, and support for sanitation needs of households to reduce food, water, and vector-borne diseases; (12) Counselling and support to parents and caregivers on parent/caregiver-infant/child interaction for responsive care, and early stimulation for early childhood development, and referral for development delays and other disabilities for early prevention, treatment and rehabilitation; (13) Social welfare support to improve access to health and nutrition services such as, but not limited to, dietary supplementation, complementary food, other healthy food products and commodities, assessment and referral for development delays and other disabilities for early prevention, treatment and rehabilitation for infants six (6) months and above who belong to poorest of the poor families; (14) Support for home kitchen gardens wherever feasible; (15) Provision of locally available grown crops, vegetables and fruits in addition to other agricultural products to be used in complementary feeding and dietary supplementation; (16) Protection against child abuse, injuries and accidents including the provision of first aid, counselling and proper referrals; and (17) Others as may be determined based on international and national guidelines and evidence generated locally. SECTION 14, HEALTH AND NUTRITION OF ADOLESCENT FEMALES. - To address the cyclical nature of malnutrition among the population, delivery of health and nutrition services for adolescent females ten (10) to eighteen (18) years ORDINANCE NO. 040-2021. MARCH 16, 2021 i iM *old at facility, school, and community levels shall include, but not be limited to, the following: (b)Assessment of health and nutrition status and identification of nutritionally-at-risk adolescent girls, as well as provision of ready to use supplementary food or ready to use therapeutic food for nutritionally-at-risk adolescent females, as appropriate; (c) Provision of age-appropriate immunizations based on the latest DOH guidelines; (dProvision of oral health services including oral health assessment; (e) Provision of anti-helminthic drugs for deworming; (e) Counselling on proper hand-washing, environmental sanitation, and personal hygiene; (0 Provision of micronutrient supplements according to guidelines of the DOH, in partnership with the Department of Education (DepEd); (g) Promotion of the consumption of iodized salt and foods fortified with micronutrients that may be deemed necessary; (h) Referral to appropriate health facilities to manage menstruation irregularities or abnormalities that contribute to anemia and blood loss, and to manage complicated illnesses including moderate, severe acute malnutrition; (i) Counselling on proper nutrition, mental health, avoidance of risk- taking behaviors, smoking cessation, adoption of healthy lifestyle practices, and family health; and (i) Others as may be determined based on international guidelines and evidence generated locally. 4 (4, SECTION 15. BASIC IMMUNIZATION PROGRAM - The Municipal Government of Pamplona through the Municipal Health Office shall implement program on preventive child care and health services to children below eight (8) years old. The completion of the basic immunization series shall include: a. Bacillus of Calmatte and Guerin (BCG) Vaccination against tuberculosis; NB with Vitamin K and Hepa A Penta Valet and Pneumococcal Vaccine (PCV) Inoculation against diphtheria, tetanus, and pertussis Oral poliomyelitis immunization; Protection against measles; Immunization against rubella and Hepatitis B; and | ( below eight (8) years of age as determined by the Municipal Such other basic immunization services for infants and children ORDINANCE NO. 040-2021. MARCH 11 a PRoepaos 0 EAE Wana AEHealth Office and Department of Health. Furthermore, mothers shall likewise be immunized against tetanus. SECTION 16. MUNICIPAL FEEDING PROGRAM. In consonance with Republic Act No. 11037 otherwise known as An Act Institutionalizing a National Feeding Program for Undernourished Children in Public Day Care, Kindergarten and Elementary Schools to Combat Hunger and Undernutrition Among Filipino Children and Appropriating Funds Therefor, the Municipal Feeding Program, hereinafter referred to as the Program, is hereby established to address undernutrition among children within the municipality.14wphit The Program shall have the following components and coverage: a) Supplemental Feeding Program for Day Care Children, - The MSWD and the MNAO in coordination with the National Nutrition Council shall implement a supplemental feeding program for under nourished children with ages three (3) to five years. The program shall be administered in a day care centers or in any other facility which can be used for such purpose: Provided, That the Program shall include the provision of at least one (1) fortified meal for a period of not less than one hundred twenty (120) days in a year: Provided, further, that in the preparation of fortified meals, the MSWD and the MNAO shall work in collaboration with recognized parents’ organizations; b) School-Based Feeding Program. - The DepED shall implement a school-based feeding program for undernourished public school children from kindergarten to grade six (6): Provided, That the Program shall include the provision of at least one (1) fortified meal to all 1. Health Examination, Vaccination and Deworming. - The NGAs, in coordination with the DOH and LGUs concerned, shall conduct simultaneous health examinations including, but not limited to deworming and vaccination, as the case may be, to Program beneficiaries; 2. Integrated Nutrition Education, Behavioral Transformation, and Social Mobilization. 14wphil - 4 ue The Program shall be complemented by a public health, nutrition, and values transformation campaign to promote a holistic and integrated approach to health and nutrition education. Orientation-training on the objectives and mechanics of the Program shall be held among the municipal government, parent volunteers and the parent-teachers associations (PTAs) to generate support for the Program. It shall also endeavor to mobilize community organizations to continue nutrition education outside of the school. ZZ. ORDINANCE NO. 040-2021. MARCH 16, 2021 aSECTION 17. MUNICIPAL NUTRITION PROGRAM - The Municipal Government of Pamplona shall establish and sustain growth and nutritional monitoring with nutritional feeding and supervision of the nutritional intake of children at home and in school to reduce the cases of malnutrition in the locality. The Municipal Nutrition Council shall be institutionalized to oversee the nutrition program of the Municipality specifically to perform the following functions: a) Prepare the Municipal Nutrition Action Plan. b) Implement, supervise and monitor the implementation of the Municipal Nutrition Action Plan. ©) Coordinate the Municipal nutrition activities. d) Conduct periodic field visit and meetings with the Barangay Nutrition Council to assess the progress of the program implementation and formulate the evaluation system. e) Serve as a resource group to the Barangay Nutrition Action Program. A Municipal Nutrition Action Officer shall be designated to serve as the lead person in carrying out this nutrition program. SECTION 18. PROHIBITION. It is unlawful for any natural person to sell and give junk foods to children and shall be prohibited to any children to eat junk food within the locality. SECTION 19. FAMILY AND COMMUNITY SUPPORT PROGRAM - There shall be a Municipal Government of Pamplona shall implement and sustain a comprehensive Family and Community Support Program which include courses to sustain child health and rearing practices, responsible parenthood, parent effectiveness, pre-marriage counselling, social self-development, drug abuse prevention and control. This shall also include courses and services in community organizing such social preparation on disasters and calamities, social welfare structure development among others. ‘The Municipal Social Welfare and Development Office (MSWDO) is tasked to implement and sustain the Comprehensive Family and Community Support Program for Children; take appropriate measures to support the program and to ensure the implementation thereof. ROGRAM - The Municipal Government of Pamplona shall, carry out the * provisions of the Republic Act 8980 otherwise known as Early Childhood Care and Development Program which refer to the full range of health, nutrition, early education, psycho-social and other services that provide for the holistic needs of children particularly referring to persons from conception to age six. SZ SECTION 20. EARLY CHILDHOOD CARE AND DEVELOPMENT ‘The municipal government shall include allocations from their Special Education Fund (SEF) and Gender and Development (GAD) Fund in addition to other local funds to be utilized for the following early childhood care and )) development program, pursuant to Republic Act No. 10410 otherwise known as the Early Years Act:(1) Support the implementation of their ECCD Program; (2) Organize and support parent cooperatives to establish community-based ECCD programs; (3) Provide counterpart funds for the continuing professional development of their ECCD public service providers; and (4) Provide the facilities for the conduct of their ECCD Program. SECTION 21. Responsibilities of Families and Communities. Families and communities shall support the local ECCD programs by participating in various community-based projects such as, but not limited to, health, nutrition, social development and early childhood education projects for the overall development of their children from age zero (0) to four (4) years. SECTION 22. DAY CARE SERVICES PROGRAMS - The Municipal Government of Pamplona shall support the Day Care Services Program which shall be implemented by and every barangay of Pamplona, Camarines Sur; The Municipal Government shall pay the monthly allowance /honorarium of the Barangay Day Care workers with community counterpart in accredited public Day Care Centers. Provided, that the Day Care Curriculum shall be developed and strengthened based on the principled of early childhood care and development. Provided, further, that the program shall be under the direct supervision of the Municipal Social Welfare and Development Office with the XS coordination of the Department of Education. The Sangguniang Barangay may call upon private volunteers, who are responsible members of the community and utilize them to assist children's care and provide consultative services for medical, educational and other children’s need. SECTION 23. MUNICIPAL COUNCIL FOR THE WELFARE AND PROTECTION OF CHILDREN (MCWPC) - There shall be created a Municipal Council for the Welfare an Protection of Children (MCWPC) which composed of the following; Chairman: Municipal Mayor Members: District Supervisor of Deped (Elem & H/S) SA ve Municipal Health Officer Municipal Social Welfare and Development Officer Municipal Treasure ABC President Municipal Planning and Development Coordinator Municipal President Action Officer Municipal President of PTCA NGO Representative SK Federation President Municipal Civil Registrar Municipal Chief of PNP : ORDINAN E NO. 040-2021. MARCH 16, 2021 y a iSB Chairman, Committee on Health & Sanitation, SB Chairman, Committee on Women &Family Municipal Agriculturist Barangay Council for the Protection of Children (BCPC) head of every Barangay SECTION 24. FUNCTIONS OF MUNICIPAL COUNCIL FOR THE WELFARE PROTECTION OF CHILDREN_- The committee shall perform the following functions: a) Plan and implement child health programs, b) Nutrition Education and growth monitoring through barangay nutrition scholars. c) Implement early screening, child surveillance and referral systems at the barangay level in cooperation with the Municipal Health Office, MSWDO, DepeD, NGOs and private sector; 4) Conduct regular and sustained information and education campaigns on MCWPC to enhance public awareness about MCWPC. ) Consolidate reports from individual centers, home-based and other program sites. f) Implement MCWPC services integral prevention component of the Comprehensive Program for Child Protection as provided under RA 7610 also knownas the Special Protection % of Children against Child Abuse, Exploitation and Discrimination. g) Prepare Municipal Plan of Action for Children, integrating its programs and projects needing assistance, and ensure its integration into the Municipal Development Plan. h) Mobilize and encourage private sector initiative for the establishment of children’s programs in the locality. i) Perform such other duties and functions as may be prescribed by law or ordinance. KK SECTION 25. STANDARDS FOR DAY CARE, OTHER ECCD CENTERS ND SERVICE PROVIDERS. - The Municipal Government of Pamplona recognize the significant role of the Day Care Service and other Childhood Education-Early Childhood Care and Development of Children’s wellbeing in the locality. The Municipal Government of Pamplona adopts and supports to the fullest the implementation of the DSWD Administrative Order No. 29 Series of 2004, The Administrative Order provides that, the accreditation Standards for Day Care, Other ECD Centers and Service Providers (For Children Aged 0-6 years) to ensure effective and quality delivery of Day Care Service and other ECE \ - ECCD programs in the Municipality of Pamplona. The children in the Municipality are the ultimate beneficiaries of the standards for Day Care and other ECCD Centers and its Service Providers. Thus, these shall ensure that children from birth to age six (6) receive consistently high-quality care and education so that they can develop their fullest potentials. \ Zz ORDINANCE NO. comme \ é_ _SECTION 26. RECREATIONAL AND CULTURAL FACILITIES PROGRAM IN THE MUNICIPAL AND BARANGAY - The Municipal and Barangay Governments shall allocate space for recreation and facilities appropriate for children and gender that shall be designed with due respect to cultural diversity of Pamplona SECTION 27. SURVEY AND ACTIVE PROGRAM FOR DIFFERENTLY- ABLED CHILDREN - The objective of this provision is to achieve a more systematic coordination of services on health, nutrition and education for children with special needs. The Municipal Government of Pamplona shall conduct a periodic and comprehensive survey on differently- abled children which shall be specifically child-focused. The MSWDO and DepED shall conduct analysis and interpret the result of the survey. SECTION 28. EDUCATORS AND HEALTH PROFESSIONAL TRAINING PROGRAMME FOR SPECIAL PROGRAM WITH DIFFERENTLY - ABLED CHILDREN - The training program for educators and health professionals handling differently-abled children shall be the priority of the Municipal Government of Pamplona. SECTION 29, NON-FORMAL EDUCATION PROGRAM ~ Non-Formal Education and Literacy Program shall be institutionalized to be carried out by the designated Municipal Non-Formal Coordinator, which shall provide the children with practical skills and crafts that will propagate and develop the traditional arts, culture and vocational skills of the children, including out of school youths and differently-abled children, which shall be institutionalized and be carried out by the designated Municipal Non-Formal Coordinator. SECTION 30. ANTI-DRUG ABUSE, CONTROL AND PREVENTION PROGRAM - The Municipal Government of Pamplona shall support the Anti- Drug Abuse, Control and Prevention Program being implemented by the Municipal Anti-Drug Abuse Council (MADAC) focusing on massive information and education to children and parents on Drug Abuse, Control and Prevention. To further ensure the implementation of this provision appropriate measures will be taken to support the program on Drug Abuse, Control and Prevention. SEK gj SECTION 31. PAMPLONA ANTI-DRUG ABUSE COUNCIL - The Municipal Anti-Drug Abuse Council of Pamplona shall be created through an Executive Order and shall be the lead implementing arm of the Municipal Government in the implementation of the Comprehensive Anti-Drug Abuse, Control and prevention Program. SECTION 32. INCLUSION OF THE CONVENTION ON THE RIGHT OF CHILDREN IN THE EDUCATIONAL CURRICULUM - The Municipal ) | Government of Pamplona recognizes the realization of promoting and protecting children's right to survival, development, protection and participation. The convention on the right of children shall be encouraged to include as part of the school curriculum in all levels in all schools in Pamplona. ORDINANCE NO. 040-2021. MARCH 16, 2021 B Ce TY LP Wuyi oaSECTION 33. MENTAL HEALTH. The Municipal Government hereby adopts Republic Act 11036 otherwise known as Act Establishing a National Mental Health Policy for the Purpose of Enhancing the Delivery of Integrated Mental Health Services, Promoting and Protecting the Rights of Persons Utilizing Psychosocial Health Services, Appropriating Funds Therefor and Other Purposes, which affirms the basic right of all Filipinos to mental health as. well as the fundamental rights of people who require mental health services The local government commits itself to promoting the well-being of people especially our children by ensuring that; mental health is valued, promoted and protected; mental health conditions are treated and prevented; timely, affordable, high quality, and culturally-appropriate mental health case is made available to the public; mental health service are free from coercion and accountable to the service users; and persons affected by mental health conditions are able to exercise the full range of human rights, and participate fully in society and at work free from stigmatization and discrimination. SECTION 34. RIGHTS OF SERVICE USERS. - Service users shall enjoy, on an equal and nondiscriminatory basis, all rights guaranteed by the Constitution as well as those recognizes under the United Nations Universal Declaration of Human Rights and the Convention on the Rights of Persons with Disabilities and all other relevant international and regional human rights conventions and declarations, including the right to: (a) Freedom from social economic, and political discrimination and stigmatization, whether committed by public or private actors; (b) Exercise all their inherit civil, political, economic, social, religious, educational, and cultural rights respecting individual qualities, abilities, and diversity of background, without discrimination on the basis of physical disability, age, gender, sexual orientation, race, color, language, religion or nationality, ethnic, or social origin; (c)_ Access to evidence-based treatment of the same standard and quality, regardless of age, sex, socioeconomic status, race, ethnicity or sexual orientation; (a) Access to affordable essential health and social services for the purpose of achieving the highest attainable standard of mental health; SE (e) Access to metal health service at all levels of the national health care system; (f) Access to comprehensive and coordinated treatment integrating holistic prevention, promotion, rehabilitation, care and support, aimed at addressing mental health care needs through a multidisciplinary, user-driven treatment and recovery plan; (g) Access to psychosocial care and clinical treatment in the least restrictive environment and manner; (h) Humane treatment free from solitary confinement, torture, and other forms of cruel inhumane, harmful or degrading treatment and invasive procedures not backed by scientific evidence; ORDINANCE NO. 040-2021. MARCH 16, 2021(i) Access to aftercare and rehabilitation when possible in the community for the purpose of social reintegration and inclusion; () Access to adequate information regarding available multidisciplinary mental health services; (k)_ Participate in metal health advocacy, policy planning, legislation, service provision, monitoring, research and evaluation; (1) Confidentiality of all information, communications, and records, in whatever form or medium stored, regarding the service user, any aspect of the service user's mental health, or any treatment or care received by the service user, which information, communications, and records shall not be disclosed to third parties without the written consent of the service user concerned or the service user's legal representative, except in the following circumstances: (1) Disclose is required by law or pursuant to an order issued by a court of competent jurisdiction; (2) The service user has expressed consent to the disclosure; (3) A life-threatening emergency exists and such disclosure is necessary to prevent harm or injury to the service user or other persons; (4) The service user is a minor and the attending mental health professional reasonably believes that the service user is a victim of child abuse; or (5) Disclosure is required in condition with an administrative, civil, or criminal case against a mental health professional ethics, to the extent necessary to completely adjudicate, settle, or resolve any issue or controversy involved therein; 4 (m) Give informed consent before receiving treatment or care, including the right to withdraw such consent. Such consent shall be recorded in the service user's clinical record; (n) Participate in the development and formulation of the psychosocial care or clinical treatment plan to be implemented; (0) Designate or appoint person of legal age to act as his or her legal representative in accordance with this Act, except in cases of impairment or temporary loss of decision-making capacity; (p) Send or received uncensored private communication which may include communication by letter, telephone or electronic means, and receive visitors at reasonable times, including the service user's legal representative and representatives from the commission on Human Rights (CHR); Ka) Legal services, through competent counsel of the service user's choice. In case the service user cannot afford the service user cannot afford the service s of a counsel, the Public Attorney's Office, or a legal aid institution of the service user or representative's choice, shall assist the service user; (r) Access to their clinical records unless, in the opinion of the attending mental health professional, revealing such information would cause harm to the service user's health or put the safety of others at risk. When any such clinical records are withheld, the service user or his or her legal representative may contest such . ORDINANCE NO. 040-2021. MARCH 16, 2021 aCc SK SECTION 37. MENTAL HEATH SERVICES AT THE COMMUNITY LEVEL. - Responsive primary mental health services in the municipality shall be developed and integrated as part of the basic health services at the appropriate level of care. The standards of metal health services shall be determined by the 4. (s) ® care; decision with the internal review board created pursuant to this Act authorized to investigate and resolve disputes, or with the CHR; Information, within the twenty-four (24) hours of admission to a mental health facility, of the rights enumerated in this section in a form and language understood by the service user; and By oneself or through a legal representative, to file with the appropriate agency, complaints of improper ties, abuses in mental health care, violations of rights of persona with mental health needs, and seek to initiate appropriate investigation and action against those who authorized illegal or unlawful involuntary treatment or confinement, and other violations. For purposes of this provision service user refers to a person which include children with lived experience of any mental health condition including persons who require or are undergoing psychiatric, neurologic or psychosocial SECTION 35. RIGHTS OF FAMILY MEMEBRS, CARERS AND LEGAL REPRESENTATIVES.- Family members, carers and duly designated or appointed legal representative of the service user shall have the right to: @ (b) () Receive appropriate psychosocial support from the local government and other relevant government agencie: With the consent of the concerned service user, participate in the formulation, development and implementation of the service user's individual treatment plan; Apply for release and transfer of the service user to an appropriate mental health facility; (q) Participate in metal health advocacy, policy planning, legislation, SECTION 36. QUALITY OF MENTAL HEALTH SERVICES. - Mental health service provision, monitoring, research and evaluation. services provided pursuant to this Act shall be: (a) (b) () (d) (e) Based on medical and scientific research findings; Responsive to the clinical, gender, cultural and ethnic and other special needs of the individuals being served; Most appropriate and least restrictive setting: Age appropriate; and Provided by mental health professionals and workers in a manner that ensures accountability. DOH in consultation with stakeholders based on current evidences. The local government unit (LGU) and academic institution shall create program in accordance with the general guidelines set by the Philippine Council ORDINANCE NO. 040-2021. MARCH 16, 2021 3 i i * \for Mental Health, in coordination with other stakeholders. The LGU and academic institutions shall coordinate with all concerned government agencies and the private sector for the implementation of the program. SECTION 38.INTEGRATION OF MENTAL HEALTH INTO THE EDUCATIONAL SYSTEM. - The State shall ensure the integration of mental health into the educational system, as follows: (a) Age-appropriate content pertaining to mental health shall be integrated into the curriculum at all educational levels; and (b) Psychiatry and neurology shall be required subjects in all medical and allied health courses, including post-graduate courses in health. SECTION 39.MENTAL HEALTH PROMOTION IN EDUCATIONAL INSTITUTIONS, - Educational Institutions with the local government, shall develop policies and programs for students, educators, and other employees designed to: raise awareness on mental health issues, identified and provide support and services for individuals at risk, and facility access, including referral mechanisms of individual with metal health conditions to treatment and psychosocial support. All public and private educational institutions shall be required to have a complement of mental health professionals. SECTION 40. MENTAL HEALTH PROMOTION AND POLICIES IN THE WORKPLACE. - Employers shall develop appropriate policies and programs on mental health issues, correct the stigma and discrimination associated with mental conditions, identify and provide support for individuals with mental health conditions to treatment and psychosocial support. Article III PARTICIPATION RIGHTS OF CHILDREN SECTION 41. PARTICIPATION OF CHILDREN IN DECISION - MAKING PROCESS - The children in the family, school, community or other organization or institution shall be equally heard, Each child regardless of sex, age and tribe has the right to express his or her opinion freely and to have that opinion taken into account in any matter or procedure affecting the child. It shall be the responsibility of the adults to provide opportunities for children to express their views, obtain information, make ideas or information known, regardless of tribe, religion, age, and sex. She SECTION 42. INSTALLATION OF MECHANISM FOR PARTICIPATION 1 i IN POLICY AND PROGRAM FORMULATION IN THE LOCAL GOVERNMENT - The Municipal Government recognizes the importance of consultation and provision of venue of expressing the views and opinions of children on municipal government policies, hence, there shall be a convention among 7-12 years old and 13-18 years old which shall convene during Children’s Month or in the month of October duly represented by their respected NGOs. These children shall be part in the preparation and evaluation of said convention. ORDINANCE NO. 040-2021. MARCH 16, 2021 | HF Won VeThe Sangguniang Bayan shall allocate in the people's hour during sessions a portion where children could express their views and concerns on matters affecting them. SECTION 43. ORGANIZING OF CHILDREN ORGANIZATIONS - The objective of this provision is to recognize: 1. Children’s organization a venue to express their concerns and influence on public policies; 2, Representation of children in the legislative and policy-making bodies; and 3. Children’s organization asa venue for their social, mental and spiritual development. A Special Office for Children’s Welfare shall be organized composed of children or young organization in coordination with other concerned agencies, said office shall facilitate the organization, strengthening and monitoring of the functionality of children’s organizations and encourage their participation in the barangay and municipal level in matters that affect their rights and welfare. Article IV IMPLEMENTING MECHANISM SECTION 44. CREATION OF THE SPECIAL OFFICE FOR CHILDREN’S \ CONCERNS. A Special Office for Children’s Welfare and Protection shall be created to oversee the implementation of this ordinance. The Office shall be a special unit under the Municipal Social Welfare and Development Office wherein a staff from the MSWDO shalll be assigned to head this office. It shall be the special coordinating and implementing arm of the Local Government of Pamplona to focus on children’s specific programs and projects. Aside from specified functions stated in this ordinance, it shall assist in the filing of complaints in the most expeditions process on unlawful acts committed against children. CL SECTION 45. COMPONENTS OF THE SPECIAL OFFICE FOR fess WELFARE. The special office shall have the following components to orchestrate the various program and projects consistent with the provisions of this Ordinance, national issuances and international covenants: a Reception and Study Center b. Day Care Program ¢. Health and Nutrition Program 4. Responsible and Family Planning Program e. Early Childhood Care and Development Program f. Children and Youth Counselling and Organizing Program g. Legal Assistance Program Je ORDINANCE NO. 040-2021, MARCH 16, 2021 XC h. Sports and Recreation ProgramSECTION 46. ROLE OF THE COUNCIL FOR THE WELFARE AND PROTECTION OF CHILDREN. The Municipal Council for the Welfare and Protection of Children shall become the Special Office for consultative-assembly together with the special office for Children’s Concerns for its periodic planning and programming, assessment and evaluation. It shall assist the Special Office for Children’s Welfare in the preparation of a Municipal Plan of Action for Children, advocate for increased support and resources allocation for children, and ensure that the plans for children’s welfare are incorporated in the Municipal Investment Plan and Development Plan. SECTION 47, ROLE OF THE CHILDREN’S WELFARE TASK FORCE. A children’s welfare task force shall be organized and shall assist the Special Office for Children’s Welfare in the monitoring through ocular inspection and field visits that implementation of this Ordinance and other child welfare laws and issuances. SECTION 48. CHILDREN’S SAFETY ON MOTORCYCLE (Republic Act 10666)- It shall be unlawful for any person to drive a two (2)-wheeled motorcycle with a child on board on public roads within the territorial jurisdiction of this municipality where there is heavy volume of vehicles, there is a high density of fast moving vehicles or where a speed limit of more than 60/kph is imposed, unless: (a) The child passenger can comfortably reach his/her feet on the standard foot peg of the motorcycle; (b) The child’s arms can reach around and grasp the waist of the motorcycle rider; and (©) The child is wearing a standard protective helmet referred to under Republic Act No. 10054, otherwise known the "Motorcycle Helmet Act of 2009." SECTION 49. EXCEPTION. - Notwithstanding the prohibition provided in the preceding section, this code shall not apply to cases where the child to be transported requires immediate medical attention. SG SECTION 50.COMPREHENSIVE EMERGENCY PROGRAM FOR CHILDREN. ~ Pursuant to Republic Act 10821, the Municipal Social Welfare and Development (MSWD) shall formulate a Comprehensive Emergency Program for Children, hereinafter referred to as the Program, taking into consideration humanitarian standards for their protection. The Program shall be used as the basis for handling disasters and other emergency situations to protect children, pregnant and lactating mothers, and support their immediate recovery. This shall be implemented immediately after the declaration of a national or local state of calamity or occurrence of any other emergency situation. ) The MSWD shall engage all relevant government agencies and stakeholders for the implementation of the Program. The municipal government 7 shall integrate the same in their development and Local Disaster Risk Reduction NY Be ORDINANCE NO. 040-2021. MARCH 16, 2021 Band Management (LDRRM) plans and budget which likewise be gender- sensitive. SECTION. 51. ESTABLISHMENT OF EVACUATION CENTERS. - LGUs shall establish and identify safe locations as evacuation centers for children and families subject to the limitations found in Section 5 of this Act. SECTION 52. EVACUATION CENTERS. - Only in cases where there is no other available place or structure which can be used as a general evacuation center may a school or child development center be used as an evacuation center. When a school or child development center is used as an evacuation center, gymnasiums, learning and activity centers, auditoriums and other open spaces shall be utilized first. Classrooms shall only be used as a last resort. The use of the school premises shall be as brief as possible. If the use is predicted to exceed fifteen (15) days, the affected LGU shall provide written documentation to the DepED and the DILG on the following: (a) The name and location of the school; (b) All alternative sites and proposal for final site selection; (©) Measures being implemented to prevent interference or disruption to the school and educational activities of children; and (d) Other particulars to be provided in the implementing rules and regulations of this Act. SECTION 53.ORPHANED, UNACCOMPANIED, OR SEPARATED CHILDREN. - The MSWD, upon consultation with relevant agencies, shall develop a minimum set of standards and guidelines for the Family Tracing Reunification System of orphaned, unaccompanied and separated children. Orphaned children, and unaccompanied or separated children whose families or relatives cannot he found or assessed to be incapable of providing proper care and protection shall be placed in a licensed or accredited residential care facility or with a foster family in accordance with Article 140 of the Child and Youth Welfare Code, or a community-based center. A registered social worker shall provide the needed case management and intervention. a SECTION 54. TRAINING OF EMERGENCY RESPONDERS ON CHILD ROTECTION. - The Municipal Disaster Risk Reduction and Management Council (MDRRMC) shall promote and conduct a child-responsive training program for all responders in the calamity area such as community and barangay leaders, community members, school personnel and other rescuers. The training program shall include the following: CE. (a) Proper procedures and measures to assess the situation, safeguard and protect the affected children during and after emergencies and disasters; and ORDINANCE NO. 040-2021. MARCH 16, 2021 B s i & «(b) Appropriate training on psychosocial interventions for children in different stages of development who are victims of calamities. Each member agency shall include or mainstream child protection in their emergency response training to service providers. SECTION 55. APPROPRIATIONS. The implementation of the programs mentioned in the preceding sections shall be charged against the Local Disaster Risk Reduction and Management Fund (LDRRMF).. Article V PROTECTION RIGHTS OF CHILDREN SECTION 56. PROGRAM ON CHILD ABUSE, EXPLOITATION AND DISCRIMINATION-There shall be a comprehensive program to be formulated by the Pamplona Municipal Council for the Welfare and Protection of Children with “Special Office for Children’s Welfare and Protection” and the “Municipal Social Welfare and Development Office” (MSWDO) acting as Secretariat in coordination with other government agencies including the private sector concerned within one (1) year from the effectively of this ordinancé to strictly enforce the provisions of RA 7610, “Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act,” and Republic Act 9231 “An Act Providing For The Elimination Of The Worst Forms Of Child Labor And Affording Stronger Protection For The Working Child, Amending For This Purpose Republic Act no. 7610, As Amended, Otherwise Known As The "Special Protection Of Children Against Child Abuse, Exploitation And Discrimination Act" to protect children against child prostitution and other sexual abuse: child trafficking: obscene publications and indecent shows and other acts of abu: and circumstances which endanger child survival and normal development. LG, SECTION 57.EMPLOYMENT OF CHILDREN - Children below fifteen (45) years of age shall not be employed except: 1) When a child works directly under the sole responsibility of his/her parents or legal guardian and where only members of 5 his/her family are employed: Provided, however, that his/her employment neither endangers his/her life, safety, health, and morals, nor impairs his/her normal development: Provided, further, that the parent or legal guardian shall provide the said child with the prescribed primary and/or secondary education; or 2) Where a child's employment or participation in public entertainment or information through cinema, theater, radio, television or other forms of media is essential: Provided, That the employment contract is concluded by the child's parents or legal guardian, with the express agreement of the child concerned, if possible, and the approval of the Department of Labor and 3 Employment: Provided, further, That the following requirements in all instances are strictly complied with: (a) The employer shall ensure the protection, health, safety, morals and normal development of the child; Zz ORDINANCE NO. 040-2021. MARCH 16, 2021"(b) The employer shall institute measures to prevent the child's exploitation or discrimination taking into account the system and level of remuneration, and the duration and arrangement of working time; and "(c) The employer shall formulate and implement, subject to the approval and supervision of competent authorities, a continuing program for training and skills acquisition of the child. In the above-exceptional cases where any such child may be employed, the employer shall first secure, before engaging such child, a work permit from the Department of Labor and Employment which shall ensure observance of the above requirements. SECTION 58. HOURS OF WORK OF A WORKING CHILD. Pursuant to Republic Act 9231, without prejudice to Section to 12 of RA 7610, the following hours of work shall be applied to a working child: 1) A child below fifteen (15) years of age may be allowed to work for not more than twenty (20) hours a week: Provided, That the work shall not be more than four (4) hours at any given day; 2) A child fifteen (15) years of age but below eighteen (18) shall not be allowed to work for more than eight (8) hours a day, and in no case beyond forty (40) hours a week; 3) No child below fifteen (15) years of age shall be allowed to work between eight o'clock in the evening and six o'clock in the morning of the following day and no child fifteen (15) years of age but below eighteen (18) shall be allowed to work between ten o'clock in the evening and six o'clock in the morning of the following day.” “G SECTION 59. PROHIBITION AGAINST WORST FORMS OF CHILD Bi }OR. - No child shall be engaged in the worst forms of child labor. The phrase “worst forms of child labor" shall refer to any of the following: A ze " (A) All forms of slavery, as defined under the "Anti-trafficking in Persons Act of 2003", or practices similar to slavery such as sale and trafficking of children, debt bondage and serfdom and forced or compulsory labor, including recruitment of children for use in armed conflict; or (2) The use, procuring, offering or exposing of a child for prostitution, for the production of pornography or for pornographic performances; or "(3) The use, procuring or offering of a child for illegal or illicit activities, including the production and trafficking of dangerous drugs and volatile substances prohibited under existing laws; or ORDINANCE NO. 040-2021. MARCH 16, 2021 / 7 => f EN : * XQ"(4) Work which, by its nature or the circumstances in which it is carried out, is hazardous or likely to be harmful to the health, safety or morals of children, SECTION 60. CHILDREN AS ZONES OF PEACE. - Children are hereby declared as Zones of Peace. As such, they shall be treated in accordance with the policies stipulated under Article X, Section 22 of Republic Act No. 7610, otherwise known as the "Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act’. Treatment of children as Zones of Peace shall extend beyond territorial or geographical boundaries and shall focus on the person of the child whose rights shall be promoted and protected at all times, especially in situations of armed conflict or violence. The State and all sectors concerned shall have the responsibility to resolve armed conflict in order to promote the goal of children as Zones of Peace. As such, the community, governmental authority and, if appropriate, religious leadership shall preserve the peaceful integrity of children, exemplify mutual respect and nonviolent behavior in the presence of children, and share their resources to further peace and cooperation. SECTION 61.RIGHTS OF CHILDREN IN SITUATIONS OF ARMED CONFLICT. - Children in situations of armed conflict shall have the following rights: (a) The right to life, survival and development; (b) The right of special respect and protection against any form of abuse, neglect, exploitation and violation, especially in the context of armed conflict; (©) The right to be treated as victims. They shall be treated in accordance with this Act and other applicable laws, consistent with the State obligations under international law, within the framework of restorative justice, social rehabilitation and promotion of their protection; (d) The right to be accorded with special respect and to be protected SSc from any form of direct or indiscriminate attacks and acts of violence, especially protection from the grave child rights violations as enumerated in Section 9 of this Act; (e) The right to be protected from recruitment into government forces or armed groups and from participation in armed conflict including the right to be protected from torture or any cruel, inhuman or degrading practices that compel compliance or punish noncompliance with recruitment or participation in armed conflict; (f) The right to be protected from maiming, torture, abduction, rape and killing, especially extrajudicial killing; (g) The right to be immediately provided and have safe access to essential, adequate and culturally appropriate food and nutrition; 2. ORDINANCE NO. 040-2021. vmZB X VE — basic shelter and housing; culturally appropriate clothing; water, sanitation and hygiene; basic health services including essential drugs, medicines and vaccines, minimum initial service package for reproductive health, and health professional evaluation and appropriate intervention; education, including religious and moral education; early childhood care and development programs, psychosocial support and social services. All services provided for them must be child-specific and gender sensitive and responsive; (h) The right to enjoy their freedom of thought, conscience, religion or belief, opinion and expression; to associate freely and participate equally in legitimate community affairs; to communicate in a language they understand even in situations of armed conflict and whether or not they have been internally displaced or are living in evacuation centers or settlements; (i The right to be treated humanely in all circumstances, without any adverse distinction founded on race, color, religion or faith. Sexual Orientation, Gender Identity and Expression (SOGIE), birth, wealth or any other similar criteria; () The right not to be interne d or confined in camp; (k) The right of the injured, the wounded and the sick, those with disabilities, those who are separated and unaccompanied, expectant and lactating mothers, to care, protection and assistance required by their condition and treatment which takes into account their special needs such as their health needs, reproductive health care, appropriate counselling, prevention of infectious diseases and Mental Health Psychosocial Support Services; () The right to be with their families, especially with their mothers, during evacuations and in evacuation centers; (m) The right to be reunited with their families in case of separation due to armed conflict; (n) The right to privacy and confidentiality in all proceedings; (0) The right to nondiscrimination; (p) The right to liberty of movement and freedom to choose their residence; in particular, internally displaced children and their families have the right to move freely in and out of evacuation centers or other settlements, subject to existing rules and regulations in those centers or settlements and to other government regulations and directives; (q) The right especially of internally displaced children and their families to: leave the country; seek safety in another part of the country; seek other service providers; seek asylum in another ORDINANCE NO. 040-2021. MARCH 16, 2021 Es foe BeS<¥ SECTION 63. OTHER ACTS/OR CONDITIONS PREJUDICIAL TO THE HILL country; and be protected against forcible return to resettlement in any place where their life, safety, liberty or health would be at risk; (r) The right to obtain necessary documents to enjoy their legal rights. The State shall have the duty to expedite services in the issuance of new documents or the replacement of documents lost in the course of displacement, without imposing unreasonable conditions and without discrimination against female child and male child, who shall have equal rights to obtain and to be issued the same in their own names; (5) The right of access to justice including free legal aid when filing cases against the perpetrators; (t) The right to the protection of their family’s properties and possessions in all circumstances; and (u) The right to be consulted and to participate in all matters affecting them. Whenever feasible, views of children, as well as families and the communities to which these children return, should be sought in all stages of assessment, planning, implementation and evaluation activities aimed at preventing the association of children with government forces and armed groups; as well as in the development and design of policies, programs and services for the rescue, rehabilitation, and reintegration of children involved in armed conflict. SECTION 62. The following Municipal Ordinances were also enacted by the Sangguniang Bayan for the welfare and protection of children: a) Municipal Ordinance No. 2012-12, An Ordinance implementing care for abused children program of the municipality of Pamplona, Camarines Sur. b) Municipal Ordinance No. 01-2010, An ordinance curbing school truancy to ensure class attendance among elementary pupils and High School Students and assuring the right to education in the Municipality of Pamplona, Camarines Sur. D'S DEVELOPMENT. It shall be unlawful for any person to sell liquor, cigarette, illegal drugs and other items to children and minors which is detrimental to the development of the child. For the purpose of this ordinance, the penalty for commission of such actas prescribed in Article IV of Republic Act No. 7610 in so far as it is applicable shall be entrusted to the care of the Municipal Council for the Welfare and Protection of Children. SECTION 64. All establishment selling liquors or cigarettes shall be required to post notices or warning signs that ban selling of liquor and cigarettes to children as a condition for the approval /renewal of their business license. ORDINANCE NO. 040-2021. MARCH 16, 2021 Je Po WoeSECTION 65. - REGULATION ON CHILDREN’S EXPOSURE TO COMMERCIAL VIDEO GAMES - Commercial establishments which business involved renting of electronic video games are prohibited from catering to children during school days from 7:00 o'clock in the morning to 5:00 o'clock in the afternoon. Business permit(s) concerned commercial establishment(s) who violate the prohibition shall be subjected to suspension for fifteen (15) days hereby adopting Section 14 of RA 7610. SECTION 66. - CHILD TRAFFICKING - Any person who shall engage in trading and dealing with children including, but not limited to, the act of buying and selling of a child for money, or for any other consideration or barter, shall suffer the penalty as prescribed in Article IV of the Republic Act No. 7610. SECTION 67. - ATTEMPT TO COMMIT CHILD TRAFFICKING - There is an attempt to commit child trafficking under Section 26 of this Ordinance: a) When a child, below 15 years old, travel alone to or from Pamplona, Cam, Si without clearance issued by the Municipal Council for the welfare and protection of children or written permit or justification from the child’s parents or legal guardian; Written permits issued should be attested by the Punong Barangay. b) Whena pregnant mother, father or guardian executes an affidavit of consent for adoption for a consideration; or consents, participates or in any manner causes the registration of the birth of such child in the name of another with or without consideration; ©) When a person, agency, establishment or child-caring institution recruits women or couples to bear children for the purpose of child trafficking; d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or any other person stimulates birth for the purpose of child trafficking; ¢) When a person engages in the act of finding children among low- income families, hospitals, clinics, nurseries, day-care centers or other caring institutions who can be offered for the purpose of OY child trafficking; or f) When any person, authority, agency or institution witnesses who have knowledge but fails to report, transactions related to circumstances in child trafficking. The penalty prescribed in Article IV of Republic Act No. 7610 in so far as it is applicable shall be imposed upon the principals of the attempt to commit child trafficking under this ordinance. In addition, a one-month community service shall be imposed for the commission and ORDINANCE NO. 040-2021. MARCH 16, 2021 [oe A Waa feomission of acts under Section 26. Such service shall be defined by the Municipal Social Welfare Development Officer (MSWDO). SECTION 68. CHILDREN INVOLVED IN ANTI-SOCIAL AND RELATED ACTIVITIES. Children who are involved in anti-social or related activities shall be registered in the rehabilitation program that shall assist the children to rebuild themselves and reintegrate them to the mainstream of society SECTION 69. MONITORING OF SUSPENDED CASES OF CHILDREN AND APPROPRIATE ASSISSTANCE - Application for suspension of sentences of children involved in anti-social activities shall be done by the children’s concern of the Municipal Council for the welfare and Protection of Children. A special team from such office shall monitor closely case(s) involving children in court to adequately enforce the suspension of sentence(s). Appropriate and responsive rehabilitation program shall be accorded to them under the supervision of the MCWPC. The MCWPC shall maintain the Bantay Bata Hotline for the round the clock reporting and monitoring of cases against child abuse. SECTION 70. - APPOINTMENT OF CHILD AND YOUTH REALATIONS OFFICER AND POLICE PROCEDURES. - The Municipality of Pamplona Police Station shall assign a Child and Youth Relation Officer, preferably a female police officer, who will be tasked to handle cases involving children. Child-friendly police procedures, which are contained in the Police handbook on the Management of cases of children, shall be followed even in difficult circumstances. Each police officer shall be provided with a copy of the Police handbook for guidance. SECTION 71. - SPECIAL COURSES FOR PNP MEMBERS. - A special course that deals with handling child delinquents and abused children shall be designed and obligatory given to the members of Philippine National Police in the Municipality of Pamplona. The MCWPC, in close coordination with PNP Child Protection Team and interested groups, shall be tasked to design and initiate the conduct of training seminar on the special course.

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