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COURSE DESCRIPTION: This course deals with the etiology of delinquent, deviant

behavior and factors that causes juvenile delinquency; measures for deterrence and
control of teenage crime; recognize the various laws and provisions that protect the
rights and welfare of children; theories of crime and delinquency; the role of different
agencies in handling child in conflict with the law; influence of community institution;
models of juvenile justice system in different perspective and its relationship to
Philippine Criminal Justice System as a whole; the study of significant cases and
create criminological research on juvenile delinquency.

At the end of this course the student should be able to:

1. state the nature and extend of juvenile delinquency in the Philippine society;

2. explain the significant psychological, biological and sociological theories concerning


etiology of crime and delinquency;

3. discuss the importance of family to the character building of a child;

4. discuss the various institutional factors relevant to the development of criminal


behavior of minors;

5. state the significant legal provisions guaranteeing the right and welfare of the youth in
the Philippine society;

6. enumerate the basic rights and duties of every minor; and

7. apply the knowledge they have acquire to prevent or minimize the development of
juvenile delinquency.

JUVENILE ➢ he is child or a young person, who under the legal system may be dealt with for
an offense in a manner different from that of an adult.
➢ these are young people regarded as immature or one whose mental as well as emotional
faculties are not fully developed, thus, making them incapability of their actions.
➢ he is a person subject to juvenile court proceedings because a statutorily define event or
condition caused by or affecting that person was alleged to have occurred while his or her age
was below the statutory specified age limit or original description of juvenile court.

DELINQUENCY ➢ delinquency from a legal perspective refers to any behaviour that


violatesthe criminal law, committed by a young person below the age of eighteen.
➢ delinquency refers to the failure to perform an act required by law, or the non-performance of
a duty or obligation that is mandated by existing law or rule.
➢ delinquency refers to any action, course or conduct that deviate from acts approved by the
majority of people. It is a description of acts that do not conform to the accepted rules, norms
and mores of the society.

JUVENILE DELINQUENCY ➢ it is used to describe a large number of disapproved behaviors


of children or youths. In this sense, anything that the youth does which other do not like is called
juvenile delinquency.
➢ it refers to any action or conduct of children of youth that are not conventional or not
normally accepted by the people.
➢ it is likewise referring to any misbehavior or deviant behavior committed by children such as
those minor offenses or misdemeanors, or those acts defined by juvenile codes or laws.
➢ children offenses typically include delinquency acts which would be considered as an
offense if committed by adults.

JUVENILE DELINQUENTS ➢ is a person who is typically under the age of 18 and commits an
act that otherwise would have been charged as a crime if they were an adult.

CHILD ➢ a person who is below eighteen (18) years of age.

FILIPINO CHILD (PD 603) ➢ a minor or a youth any person below 18 years old, a boy or
girl at any age between infancy and adolescence, however, the law includes infants and
even unborn children.
➢ a person who is below 18 years old or those over but unable to fully take care of themselves
from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental
disability or condition.

DEPENDENT CHILD ➢ a person who is without a parent. Guardian or custodian for


good cause desires to be relieved of his care and
custody, and is dependent upon the public for support.

ABANDONED CHILD
➢ a person who has no proper parental care or guardianship, or whose parents or guardian has
deserted him for a period of at least six continuous months.

NEGLECTED CHILD ➢ a person whose basic needs have been deliberately unattended
to or inadequately attended to physically or emotionally, by his parents or guardian.
PHYSICAL NEGLECT ➢ it occurs when the child is malnourished, ill clad and without proper
shelter.

EMOTIONAL NEGLECT ➢ it occurs when a child is raped, seduced, maltreated, exploited.


Overworked or made to work under streets or public places, or when placed in moral danger, or
exposed to drugs, alcohol, gambling, prostitution and other vices.

DISABLED CHILD ➢ it includes mentally retarded, physical handicapped, emotionally


disturbed and mentally ill children, children with cerebral palsy and those infected with similar
afflictions.

MENTALLY RETARDED CHILD ➢ a person who is (a)socially incompetent, that is


socially inadequate occupationally incompetent and unable to manage his own affairs

(b) mentally subnormal

(c) intellectually retarded from birth or early age

(d) retarded at maturity

(e) mentally deficient as a result of constitutional origin through heredity or diseases or


(f) essentially incurable.

PHYSICAL HANDICAPPED CHILD ➢ a person, who is crippled, deaf – mute, or otherwise,


suffers from a defect which restricts his means of action or communication with others.

EMOTIONALLY DISTURBED CHILD ➢ a person who, although not afflicted with insanity or
mental defect, is unable to maintain normal social relations with others and the community in
general due to emotional problems or complexes.

MENTALLY ILL CHILD ➢ a person who has behavioral disorder, whether functional or
organic, which is of such a degree of several as to require professional help or hospitalization.
COMMITMENT OR SURRENDER OF A CHILD ➢ it is the legal act of entrusting a child to the
care of the department or any duly licensed child placement or child caring agency or individual
by the court, parent or guardian.

INVOLUNTARILY COMMITTED CHILD ➢ a person whose parents, have been permanently


and judicially deprived of parental authority due to abandonment: substantial, continuous or
repeated neglect; abuse or incompetence to discharge parental responsibility.

VOLUNTARILY COMMITTED CHILD ➢ a person whose parents’ knowingly and unwillingly


relinquished parental authority to the department or any duly licensed child-placement or child-
caring agency individual.

CHILD-PLACING OR CHILD-PLACEMENT AGENCY ➢ it refers to a private non-profit


institution or government agency duly licensed and accredited by the department to provide
comprehensive child welfare services, including but not limited to receiving application for
adoption or foster care, evaluating the prospective adoptive or foster parents and preparing the
home study report.

CHILD-CARING AGENCY ➢ it refers to a private non-profit institution or government agency


duly licensed and accredited by the department that provides twenty-four-hour residential
care services for abandoned, orphaned, neglected, involuntarily, or voluntarily committed
children.

GUARDIAN AD LITEM ➢ a person appointed by the court where the case is pending for a child
sought to be committed to protect his best interests.

CHILD IN CONFLICT WITH THE LAW ➢ refers to a child who is alleged as, accused of, or
adjudged as, having committed an offense under philippine laws.

CHILD AT RISK ➢ refers to a child who is vulnerable to and at the risk of committing criminal
offenses because of personal, family and social circumstances, such as, but not limited to, the
following: (

(1) being abused by any person through sexual, physical, psychological, mental, economic or
any other means and the parents or guardian refuse, are unwilling, or unable to provide
protection for the child;

(2) being exploited including sexually or economically;


(3) being abandoned or neglected, and after diligent search and inquiry, the parent or guardian
cannot be found;

(4) coming from a dysfunctional or broken family or without a parent or guardian;

(5) being out of school;

(6) being a streetchild;

(7) being a member of a gang;

(8) living in a community with a high level of criminality or drug abuse; and

(9) living in situations of armed conflict.

AGE OF CRIMINAL RESPONSIBILITY ➢ it is the age when a child who is above (15)
but below eighteen (18) years of age commits an offense with discernment.

DISCERNMENT ➢ it refers to the mental capacity to understand the difference between right
and wrong and its consequences.

RESTORATIVE JUSTICE ➢ it is the principle that requires a process of resolving


conflicts with the maximum involvement of the victim, the offender and the community.

YOUTH DETENTION CENTER ➢ it refers to a government owned or operated agency


providing rehabilitative facilities where the child in conflict with the law may be physically
restricted pending court disposition of the charge against him.

YOUTHFUL OFFENDER ➢ it refers to a child, minor or youth including one who emancipated
in accordance with the law, who is over nine (9) years but under 18 years old of age at the time
the commission of an offense.

➢ “a child nine 9 years of age or under at the time of the commission of an offense shall be
exempted from criminal liability and shall be committed to the care of his or her parents, or
nearest relative or family friend in the discretion of the court and subject to its supervision. The
same shall be done for a child over the offense, unless he acted with discernments, in which
case shall be proceeded against in accordance with article 192 of presidential decree nr. 603
(the child and youth welfare code of the philippines)

STATUS OFFENSES ➢ these are certain acts or omission which may not be punishable if
committed by adults, but become illegal only because the person is under age and the act
was committed primarily by children, minors, juveniles, youthful offender or other person in
need of supervision or assistance.

Examples;

✓ sexual misconduct or immoral conduct

✓ use of profane language

✓ running away from home

✓ smoking, drinking, or use of prohibited substances

✓ disobedience to parents or school officials

✓ association with criminals delinquent friends

✓ repeated disregard for misuse of lawful parental authority

TENDER YEARS RULE ➢ a legal principle in family law since the late 19th century, it
presumes that during a child’s “tender” years, the mother should have custody of the child.

PARENT’S PATRIA ➢ it simply states that they had the right to benevolently intervene in the
care and custody of the child. Simply,the state shall become the parents of the child.

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