[A.M. NO. 02-1-19-SC 2002-04-15] RE: PROPOSED RULE ON COMMITMENT OF CHILDREN
Acting on the letter of the chairman of the committee on revision of the rules of court submitting for this court's consideration and approval the proposed rule on commitment of children, the court resolved to approve the same. The rule shall shall take effect effect on April 15, 15, 2002 following its publication in a newspaper of general circulation circulation not later than arch 15, 2002. 2 002. !ebruar" 2#, 2002. $sgd.% hilario g. davide, &r. hief (ustice $)*+.% ()- /. ) $)*+% () A.3. Associate (ustice Associate (ustice $)*+.% 34/AT ). -/ $)*+.% () . 6T-* Associate (ustice Associate (ustice $)*+.% )A/TA* . 7A-/A/ $)*+.% 6/T 6. /+8A Associate (ustice Associate (ustice $)*+.% A3T 6. A/*A/A/ $)*+.% /A3+ A. 9-)-/* Associate (ustice Associate (ustice $)*+.% A3T-3 -/A $)*+.% /)- 4/A3):)A/TA* 4/A3):)A/TA* Associate (ustice Associate (ustice $)*+.% )A/ + /, (3. $)*+.% A/*/A )A/+6A:*-T338 Associate (ustice Associate (ustice $)*+.% A/T/ T. A3 Associate (ustice Rule ! C""#$"e!$ % C&#l'(e!
)T/ 1. Objective, :The Objective, :The ob&ective of this 3ule is to ensure that ever" effort is e;erted to promote the child's welfare and enhance his opportunities for a useful and happ" life, Toward this end, this 3ule seeks to protect the child from all forms of neglect, abuse, cruelt", e;ploitation and other conditions pre&udicial to his development. ). 2. Interpretation. :The Interpretation. :The best interests of the child shall be the paramount consideration in all actions concerning him, whether undertaken b" public or private social welfare institutions, courts of law, administrative administrative authorities and legislative bodies consistent with the -nited /ations onvention on the 3ights of the hild, ). <. Definition of Terms. : Terms. : $a% =hild= is a person below eighteen "ears of age. $b% =+epartment= refers to the +epartment of
)ocial >elfare and +evelopment, $c% =+ependent child= is one who is without a parent, guardian or custodian, or one whose parents, guardian guardian or other custodian for good cause desires to be relieved of his care and custod", and is dependent upon the public for support. $d% =Abandoned child= is one who has no proper parental care or guardianship, or whose parents or guardian has deserted him for a period of at least si; $5% continuous months. $e% =/eglected child= is one whose basic needs have been deliberatel" unattended to or inade?uatel" attended to, ph"sicall" or emotionall", b" his parents or guardian. $f% =h"sical neglect= occurs when the child is malnourished, malnourished, ill:clad and without proper shelter. $g% =motional neglect= occurs when a child is raped, seduced, mal:treated, e;ploited, overworked or made to work under conditions not conducive to good health@ made to beg in the streets or public places, or when placed in moral danger, or e;posed to drugs, alcohol, gambling, prostitution and other vices. $h% =+isabled child= includes mentall" retarded, ph"sicall" handicapped, emotionall" disturbed and mentall" ill children, children with cerebral pals" and those with similar afflictions. $i% =entall" retarded child= is one who is $1% sociall" incompetent, that is, sociall" inade?uate, occupational incompetent and unable to manage his own affairs@ $2% mentall" subnormal@ $<% intellectuall" retarded from birth or earl" age@ $B% retarded at maturit"@ $5% mentall" deficient as a result of constitutional origin through heredit" or diseases or $C% essentiall" incurable. $&% =h"sicall" handicapped child= is one who is crippled, deaf:mute, blind, or otherwise suffers from a defect which restricts his means of action or communication with others. $k% =motionall" disturbed child= is one who, although not afflicted with insanit" or mental defect, is unable to maintain normal social relations with others and the communit" in general due to emotional problems or comple;es. $% =entall" ill child= is one with an" behavioral disorder, whether functional or organic, which is of such a degree of severit" as to re?uire professional help or hospitaliDation. hospitaliDation.
$m% =ommitment= or =surrender of a child= is the legal act of entrusting a child to the care of the +epartment or an" dul" licensed child: placement or child:caring agenc" or individual b" the court, parent or guardian or an" interested part". $n% =nvoluntaril" committed child= is one whose parents have been permanentl" and &udiciall" deprived of parental authorit" due to abandonment@ substantial, continuous, or repeated neglect@ abuse@ or incompetence to discharge parental responsibilities in accordance with )ection B herein. $o% =6oluntaril" committed child= is one whose parents knowingl" and willingl" relin?uished parental authorit" to the +epartment or an" dul" licensed child:placement or child:caring agenc" or individual in accordance with )ection < herein. $p% =hild:placing or child:placement agenc"= refers to a private non:profit or charitable institution or government agenc" dul" licensed and accredited b" $he +epartment to provide comprehensive child welfare services, including but not limited to, receiving applications for adoption or foster care, evaluating the prospective adoptive or foster parents and preparing the home stud" report. $?% =hild:caring agenc"= refers to a private non: profit or charitable institution or government agenc" dul" licensed and accredited b" the +epartment that provides twent":four hour residential care services for abandoned, orphaned, neglected, involuntaril" or voluntaril" committed children. $r% =*uardian ad litem is a person appointed b" the court where the case is pending for a child sought to be committed to protect his best interests. $s% =ase )tud" 3eport= is a written report of the result of an investigation conducted b" a social worker as to the socio:cultural, economic and legal status or condition of the child sought to be committed. t shall include among others his developmental age, educational attainment, famil" and social relationships, the ?ualit" of his peer group, his famil"'s strengths and weaknesses and parental control over him. The report is submitted to the !amil" ourt to aid it in its evaluation of whether the child ought to be committed to the care of the +epartment or an" dul" licensed child:placement or child:caring agenc" or individual. ). B. E
$a% Who may file. : The )ecretar" of the +epartment or his authoriDed representative or an" dul" licensed child:placement or child:caring agenc" having knowledge of a child who appears to be dependent, abandoned or neglected, ma" file a verified petition for involuntar" commitment of said child to the care of an" dul" licensed child: placement or child:caring agenc" or individual. $b% Venue. : The petition shall be filed with the !amil" ourt of the province or cit" in which the parent or guardian resides or where the child is found. $c% Contents of Verified Petition. :The petition must stateF
1. The names of the parents or guardian and their place of residence. f the child's parents are unknown, petitioner must allege that diligent efforts have been e;erted to locate them. t said parents are deceased, petitioner shall attach a certified true cop" of their death certificate@ 2. The facts showing that the child is dependent, abandoned, or neglected@ <. The facts showing who has custod" of the child at the time of the filing of the petition@ and B. The name, address and written consent of the +epartment or dul" licensed child: placement or child:caring agenc" or individual to whose care the commitment of the child is sought to be entrusted. $d% ummons! Court to et Time for "earin#. : f the court is satisfied that the petition is sufficient in form and substance, it snail direct the clerk of court to immediatel" issue summons which shall be served together with a cop" of the petition and a notice of hearing, upon the parents or guardian of the child and the office of the public prosecutor not less than five $5% da"s before the date of the hearing. The office of the public prosecutor shall be directed to immediatel" transmit the summons to the prosecutor assigned to the !amil" ourt concerned. f it appears from the petition that both parents of the child are dead or that neither parent can be found in the province or cit" where the court is located and the child has no guardian residing therein, summons ma" not be issued and the court shall thereupon appoint a guardian ad litem pursuant to )ub:section $f% below and proceed with the hearing of the case with due notice to the provincial or cit" prosecutor. $e% ocial Wor$er. : After the court sets the petition for hearing in accordance with )ub:
section $d% above, it shall direct the social worker to submit, before the hearing, a case stud" report of the child to aid it in evaluating whether said child should be committed to the care of the +epartment or an" dul" licensed child:placement or child:caring agenc" or individual. The report shall bear the signature of the social worker on ever" page. $f% %uardian &d 'item of Child. : f neither of the parents nor the guardian of the child can be located or does not appear in court despite due notice, or if the court finds them incompetent to protect the best interests of the child, it shall be the dut" of the court to appoint a suitable person as guardian ad litem to represent the child. n making the appointment, the court shall consider the background of the guardian ad litem and his familiarit" with the &udicial process, social service programs and child development. A member of the hilippine ar ma" be appointed guardian ad litem. $g% Child(s )i#ht to Counsel : The court, upon re?uest of the child capable of forming his own views or upon re?uest of his guardian ad litem, shall appoint a law"er to represent him in the proceedings. $h% Duty of Public Prosecutor. : The provincial or =cit" prosecutor shall appear for the )tate and ascertain if there has been due notice to all parties concerned and that there is &ustification for the declaration of dependenc", abandonment or neglect. $i% "earin#. : The court shall direct the person or agenc" which has custod" of the child to bring the latter to the court on the date of the hearing of the petition and shall ascertain the facts and determine whether the child is dependent, abandoned, or neglected, and if so, the:cause and circumstances of such condition. $&% *ud#ment. : f, after the hearing, the court shall find the child to be dependent, abandoned, or neglected, it shall render &udgment committing him to the care and custod" of the +epartment or an" dul" licensed child:placement or child:caring agenc" or individual until he reaches the age of eighteen $1#%, The &udgment shall likewise make proper provisions for the custod" of the propert" or mone" belonging to the committed child. f the child is committed to the +epartment, it shall notif" the court within thirt" $<0% da"s from the order of commitment, the name and address of the dul" licensed and accredited child: placement or child:caring agenc" or individual where the child shall be placed.
Gowever, if the court finds that the abandonment or neglect of the child ma" be remedied, the child ma" be allowed to sta" in his own home under the care and control of his parents or guardian, sub&ect to supervision and direction of the +epartment. $k% Visitation or Inspection. : An" dul" licensed child:placement or child:caring agenc" or individual to whom a child has been committed b" the court shall be sub&ect to visitation or inspection b" a representative of the court or of the +epartment, as the case ma" be or of both, to determine whether the welfare and interests of the child are being served, $% )eport of Person or Institution. : An" dul" licensed child:placement or child:caring agenc" or individual to whom a child has been committed b" &udicial order ma" at an" time be re?uired b" the court to submit a report, containing all necessar" information for determining whether the welfare of the child is being served. $m% Temporary Custody of Child. : The dul" licensed child:placement or child:caring agenc" or individual to whom a child has been committed ma" file a verified motion with the court which granted the petition for involuntar" commitment of a child to place him in the care of an" suitable person, upon the latter's re?uest, for a period not e;ceeding one month at a time. The court ma" order the social worker to submit a case stud" report to aid it in evaluating whether such temporar" custod" shall be for the best interests of the child. The period of temporar" custod" of the child ma" be e;tended b" the court for a period not e;ceeding one month at a time upon motion of the dul" licensed child:placement or child:caring agenc" or individual to which the child has been committed. The court, motu proprio, or upon re?uest of the child assisted b" his guardian ad litem, or at the instance of the agenc" or person to whom the child was committed, after due notice and hearing, shall discontinue the temporar" custod" of the child if it appears that he is not being given proper care. After one month from the date temporar" custod" of the child was given to another suitable person, the agenc" or individual shall submit to the court a verified report on whether the temporar" custod" of the child has promoted his best interests. $n% Chan#e of Custody. : f the child is committed to the +epartment, it shall have the authorit" to change the custod" oH a child it had placed with an" dul" licensed child:placement or child:caring
agenc" or individual if it appears that such change is for the best interests of the child. The +epartment shall notif" the court of an" change in custod" of the child,
allowed to intervene at the discretion of the court to contest the right to the relief demanded. >itnesses ma" be called and e;amined b" the parties or b" the court motu proprio.
>hen conflicting interests arise among child: placement or child:caring agencies, the court which granted the involuntar" commitment of the child, upon motion of the +epartment or an" of the agencies concerned, shall order the change of commitment of the child.
$iv% )esolution. : f it is found that the cause for the commitment of the child no longer e;ists and that the movant is alread" able to take proper care and custod" of the child, the court, after taking into consideration the best interests and the welfare of the child, shall issue a resolution terminating the parental authorit" of the person, agenc" or institution to whom the child was committed b" &udicial order and restoring parental authorit" to the movant,
$o% )emoval of Custody. : A motion to remove custod" of a child ma" be filed b" an authoriDed representative of the +epartment with knowledge of the facts against a child:placement or child: caring agenc" or individual to whose custod" a child has been committed b" the court on the ground of neglect of such child as defined in )ection < $e% of this 3ule. The court shall set the motion for hearing with notice to the public prosecutor and the court:designated social worker. f the court finds after hearing that the allegations of the motion have been established and that it is for the best interests and welfare of the child, the court shall issue an order removing him from the custod" of the person or agenc", as the case ma" be, and committing him to the custod" of another dul" licensed child:placement or child:caring agenc" or individual. n the same proceeding, the court ma" suspend or revoke the license of the agenc" or individual found guilt" of such neglect depending upon the gravit" or fre?uenc" of the offense. $p% )estoration of Parental &uthority &fter Involuntary Commitment. : $i% Who may file! %round. : The parents or guardian of a child committed to the care of a person, agenc" or institution b" &udicial order ma" file a verified motion for the restoration of his rights over the child with the court which granted the involuntar" commitment on the ground that he is now able to take proper care and custod" of said child, provided, however, that the child has not "et been adopted. $ii% +otice of "earin#. : The court shall fi; the time and date for the hearing of the motion, which shall not be earlier than thirt" $<0% da"s nor later than si;t" $C0% da"s from the date of the filing of said motion and cause notice of the hearing to be sent to the person, agenc" or institution to which the child has been committed, the public prosecutor and the court:designated social worker, at least five $5% da"s before the date of hearing. $iii% "earin#. : At the hearing, an" person ma" be
?% *urisdiction for Prosecution of Punishable &cts. : The !amil" ourt which granted the involuntar" commitment shall have &urisdiction over the prosecution of a child who left without prior permission from the person or institution to which he has been &udiciall" committed or the person under whose custod" he has been &udiciall" committed in accordance with )ub:section $m% of )ection B of this 3ule. t shall likewise have &urisdiction over the person who induced the child to leave such person or institution, e;cept in case of actual or imminent grave ph"sical or moral danger to the child. The !amil" ourt which granted the involuntar" commitment shall also have &urisdiction over the prosecution of parents or guardians of the child who ma" be held liable under Articles 5I and C0 of .+. /o. C0< and )ections I, 10 and <1 of 3.A. /o. JC10. ). 5. Voluntary Commitment of a Child to an Institution or Individual. : The parent or guardian of a dependent, abandoned or neglected child ma" voluntaril" commit him to the +epartment or an" dul" licensed child: placement or child:caring agenc" or individual sub&ect to the rules of the +epartment. Gowever, no child shall be committed unless he is surrendered in writing b" his parents or guardian stating such voluntar" commitment and specificall" naming the office, agenc", or individual to whose custod" the child is to be committed. )uch written instrument should be notariDed and signed in the presence of an authoriDed representative of the +epartment after counseling and other services have been made available to encourage the child's parents to keep the child. $a% Petition for )emoval of Custody. : $i% Who may file! %round. : The parents or guardian who voluntaril" committed the child, or in their absence or failure, an" person with knowledge of the facts, ma" file a verified petition to remove custod" of the child against the child:placement or child:caring agenc" or
individual to whose custod" the child has been voluntaril" committed on the ground of neglect of such child as defined in )ection < $e% of this 3ule. A child ma" also be removed from the custod" of the child:placement or child:caring agenc" or individual on the ground that the voluntar" commitment of the child was un&ustified. $ii% Venue. : The petition shall be filed with the !amil" ourt of the province or cit" where the child:placement or child:caring agenc" to which the child has been voluntaril" committed is located or where the child ma" be found. Contents of Verified Petition : The petition must stateF The name and address of the child:placement or child:caring agenc" or individual to whose custod" the child has been voluntaril" committed@ The facts showing that the child has been neglected b" the agenc" or in cases where the voluntar" commitment was un&ustified, that the parents of the child are actuall" capable of taking care and custod" of the child@ The name, address and written consent of the dul" licensed child:placement or child:caring agenc" or individual to whose care the child ma" be transferred. The facts showing that petitioner has e;hausted the administrative remedies available to him, $iv% +otice of "earin#. : f the petition is sufficient in form and substance, the court shall set the same for hearing with notice to the +epartment, the public prosecutor, the court:designated social worker, the agenc" or individual to whom the child has been committed and in appropriate cases, the parents of the child. $v% *ud#ment. : f after hearing the court finds that the allegations of the petition have been established and that it is for the best interests and welfare of the child, it shall issue an order removing the child from the custod" of the person or agenc" concerned, and committing him to the custod" of another dul" licensed child: placement or child:caring agenc" or individual. The court, in the same proceeding ma", after hearing the comment or recommendation of the +epartment, suspend or revoke the license of the agenc" or individual found guilt" of such neglect depending upon the gravit" or fre?uenc" of the offense. $b% )estoration of Parental &uthority &fter Voluntary Commitment. : The restoration of rights
of the parent or guardian over the child who has been voluntaril" committed shall be governed b" the rules of the +epartment, provided, however, that the petition for restoration is filed within si; $C% months from the date of voluntar" commitment. n case the +epartment refuses to grant legal custod" and parental authorit" to the parent or guardian over the child who has been voluntaril" committed to an agenc" or individual, the parent or guardian ma" file a petition in court for restoration of parental authorit" in accordance with )ection B $p% of this 3ule. $c% *urisdiction for Prosecution of Punishable &cts. : The !amil" ourt of the place where the child ma" be found or where the dul" licensed child: placement or child:caring agenc" or individual is located shall have &urisdiction over the prosecution of a child who left without prior permission from the person or institution to which he has been voluntaril" committed. t shall likewise have &urisdiction over the person who induced the child to leave such person or institution, e;cept in case of grave actual or imminent ph"sical or moral danger, to the child. The same !amil" ourt shall also have &urisdiction over the prosecution of parents or guardians of the child who ma" be held liable under Articles 5I and C0 of .. /o, C0< and )ections I, 10 and <1 of 3.A. /o. JC10. ). C. Petition for Commitment of a Disabled Child. : $a% Who may file. : >here a child appears to be mentall" retarded ph"sicall" handicapped, emotionall" disturbed, mentall" ill, with cerebral pals" or with similar afflictions and needs institutional care but his parents or guardians are opposed thereto, the +epartment, or an" dul" licensed child:placement or child:caring agenc" or individual ma" file a verified petition for commitment of the said child to an" reputable institution providing care, training and rehabilitation for disabled children. The parents or guardian of the child ma" file a similar petition in case no immediate placement can be arranged for the disabled child when his welfare and interests are at stake, $b% Venue. : The petition for commitment of a disabled child shall be filed with the !amil" ourt of the place where the parent or guardian resides or where the child is found. $c% Contents of Verified Petition. : The petition for commitment must stale the followingF $1% The facts showing that the child appears to be mentall" retarded, ph"sicall" handicapped, emotionall" disturbed, mentall" ill, with cerebral
'pals" or with similar afflictions and needs institutional care@ $2% The name of the parents and their residence, if known, or if the child has no living parent, the name and residence of the guardian, if an"@ and $<% The fact that the parents or guardian or an" dut" licensed disabled child:placement or child: caring agenc", as the case ma" be, has opposed the commitment of such child@ $B% The name and written conformit" of the institution where the child is to be committed. $5% An estimate of the costs and other e;penses of maintaining the child in the institution. The verified petition shall be sufficient if based upon the personal knowledge of the petitioner. $d% Order of "earin#! +otice. : f the petition filed is sufficient in form and substance, the court, b" an order reciting the purpose of the petition, shall fi; the date of the hearing thereof, and a cop" of such order shall be served on the child alleged to be mentall" retarded, ph"sicall" handicapped, emotionall" disturbed, mentall" ill, with cerebral pals" or with similar afflictions and on the person having charge of him or an" of his relatives residing in the province or cit" as the court ma" deem proper. The order shall also direct the sheriff or an" other officer of the court to produce, if necessar", the alleged disabled child on the date of the hearing. $e% "earin# and *ud#ment. : f the court finds that the allegations of the petition have been established and that institutional care of the child is for his best interests or the public welfare and that his parents, or guardian or relatives are unable for an" reason whatsoever to take proper care of him, the court shall order his commitment to the proper institution for disabled children. The court shall likewise make proper provisions for the custod" of the propert" or mone" belonging to the committed child. The e;pense of maintaining a disabled child in the institution to which he has been committed shall be borne primaril" b" the parents or guardian and secondaril", b" such disabled child, if he has propert" of his own. n all cases where the e;penses for the maintenance of the disabled child cannot be paid in accordance with the immediatel" preceding paragraph, the +epartment shall bear the e;penses, or such part thereof as ma" remain unpaid.
The court shall furnish the institution to which the child has been committed with a cop" of its &udgment, together with ail the reports and other data pertinent to the case. $f% Dischar#e of *udicially Committed Disabled Child. : -pon motion of the parent, guardian or institution to which the child has been &udiciall" committed under this 3ule, the court, after hearing, shall order the discharge of such child if it is established and certified b" the +epartment thatF $1% Ge is no longer a danger to himself and the communit"@ $2% Ge has been sufficientl" rehabilitated from his ph"sical handicap or if of working age, is alread" fit to engage in gainful occupation@ or $<% Ge has been sufficientl" relieved of his ps"chological, mental and emotional problems and is read" to assume normal social relations, ). J. ffectivity. : This rule shall take effect on April 15, 2002 after its publication in a newspaper of general circulation not later than arch 15, 2002.
