REPUBLIC ACT NO. 9344 “ AN ACT ESTABLISHING ESTABLISHING A COMPREHENSIVE COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM, CREATING THE JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT OF JUSTICE APPROPRIATING FUNDS THEREFORE AND OTHER PURPOSES” OR THE JUVENILE JUSTICE AND WELFARE ACT of 2006 PASWI Davao City Chapter Annual Convention Grand Menseng Hotel, Davao City
ALICIA R. BALA
Coverage
Different stages involving children at risk and child in conflict with the law (CICL) from prevention to rehabilitation and reintegr reintegration ation
Juvenile Justice and Welfare System – refers to a system dealing with children at risk and children in conflict with the law, which provides child appropriate proceedings, including programs and services for prevention, diversion, rehabilitation, reintegration reintegration and aftercare to ensure their normal growth and development
RESTORATIVE JUSTICE Principle which requires a process of resolving conflicts with the maximum involvement involv ement of the victim, the offender and the community community.. It seeks to obtain reparation for the victim; reconciliation of the offender, the offended and the community; and reassurance to the offender that he/she can be reintegrated into society.
LIBERAL CONSTRUCTION In case of doubt, the interpretation of any of the provisions of this Act, including its implementing rules and regulations (IRR), shall be construed liberally in favor of the child in conflict with the law.
Minimum Age of Criminal Liability
Exemption for those 15 years of age or younge youngerr. Howe However ver,, the chil child d shall be subjected to an intervention program.
Conditional exemption for those above 15 and below 18 years of age (unless shown to have acted with discernment)
Juvenile Justice and Welfare Council (JJWC)
Creation of Juvenile Justice and Welfare Welfare Council chaired by DSWD and under the administrative supervision of the DOJ
Composition of JJWC
Department of Justice (DOJ); Department of Social Welfare and Development (DSWD); Council for the Welfare of Children (CWC); Department of Education (DepEd); Department of the Interior and Local Government (DILG); Commission on Human Rights (CHR); National Youth Commission (NYC); and
Sectors involved in the Prevention of Juvenile Delinquency
Family
Educational System
Mass Media
Local Councils for the Protection of Children (LCPC)
Establishment and strengthening of LCPCs
1% of the internal revenue allotment of the barangays, municipalities and cities shall be allocated for the strengthening and implementation of the LCPC
Local Social Welfare Officer – All LGUs shall appoint a duly licensed social worker as its local social welfare and development officer to assist CICL
Local Comprehensive Juvenile Intervention Program
A comprehensive juvenile intervention program covering coverin g a 3-yea 3-yearr period period shall be instituted instituted in LGUs from the provincial to the barangay level.
LGUs shall set aside an amount necessary to implement their respective juvenile intervention programs in their annual budget.
Implementation of the comprehensive juvenile intervention program shall be reviewed and
Community-based Programs on Juvenile Justice and Welfare
Shall be instituted by the LGUs through the LCPC, schools, youth organizations and other concerned agencies;
Levels of community-based programs
Primary – includes general measures to promote social justice and equal opportunity Secondary – includes measures to assist children at risk; Tertiary – includes measures to avoid unnecessary contact with the formal justice
Treatment of Children Below the Age of Criminal Responsibility
Immediately release the child to the custody of his/her parents/gua parents/guardians/nearest rdians/nearest relative Give notice to the local social welfare and developmentt officer to determine the appropriate developmen programs In the absence of parents/guardians or nearest relative the child maybe released to the following: Duly registered NGO or religious organization organization;; Barangay official or a member of BCPC; Local social welfare and development officer; DSWD, when and where appropriate
Rule 31.c. Duty of the Local Social Worker Immediately after being notified of the apprehension of the child fifteen (15) years old or below, the LSWDO shall: 1.Prepare a case study report on the child; and 1.Determine the appropriate intervention and prevention programs programs in consultat consultation ion with the child and the person having custody over the child. The LSWDO shall also determine if the child is abandoned, neglected or abused by his/her parents for purposes of filing a petition for involuntary
Rule 31.c. Duty of the local social worker
If the safety of the child is in danger in view of the alleged commission of the offense, the LSWDO shall encourage the parent or guardian of the child to request for temporary custody of the child to the DSWD or licensed and accredited NGOs. In the event the parent or guardian does not agree to the request for temporary custody of the child, the LSWDO shall carefully review the case of the child and file a petition for involuntary commitment when sanctioned by law, in accordance with P.D. 603 and the SC Rule on Commitment of Children.
Above the Age of Criminal Responsibility
The child in conflict with the law who is above fifteen (15) but below eighteen (18) years of age shall be exempt from criminal responsibility, unless he/she acted with discernment. Being exempt, the child shall be dealt with in the same manner as a child who is below the age of criminal responsibility.
If the child in conflict with the law is above fifteen (15) years old but below eighteen (18) years of age acted with discernment, the child
Rule 34.b. Initial assessment of discernment
The LSWDO, after the law enforcement officer refers the records of a child who is fifteen (15) years old or above but below eighteen (18) years old, shall prepare a report indicating an assessment if the child acted with discernment for the purpose of determining whether to proceed with intervention or with diversion.
Rule 34.c. Basis for Assessment of Discernment In making an assessment if the child who is above fifteen (15) years but below eighteen (18) years of age acted with discernment, the LSWDO shall take into consideration: 1. All the the fact facts s and and circum circumstan stances ces of the the case case;; 2. The educ educati ationa onall level level and and perform performanc ance e of the child in conflict with the law; 3. The appe appear aran ance, ce, atti attitud tude, e, compor comportme tment nt and behavior of the child in conflict with the law, before, during and after the commission of the offense.
Rule 34.c. Basis for Assessment of Discernment
The LSWDO shall consider only factors that indicate if the child acted with discernment and not indicators of premeditation or intention to commit the alleged offense. The LSWDO shall be further guided by procedures to be prescribed by the DSWD in making an assessment of the presence or absence of discernment. The LSWDO shall endeavor continuously be updated with latest trends in conducting psychosocial analyses of children and research on factors affecting the behavior of children in conflict with the law.
Diversion Program, where appropriate The child in conflict with the law shall undergo diversion proceedings if he/she: 1. Is abov above e fifteen fifteen (15) (15) year years s but below below eight eighteen een (18) years of age; 2. Ac Acte ted d with with dis disce cern rnme ment nt;; and and 3. Allege Allegedly dly commi committed tted an offen offense se with an impos imposable able penalty of not more than six (6) years of imprisonment if diversion is conducted at the barangay, police or prosecutor’s level, and not more than twelve (12) years of imprisonment, if diversion is resorted to by the court.
Where diversion may be conducted If the imposable penalty for the offense committed is not more than six (6) years of imprisonment, diversion may be conducted at the:
1. Katar atarunga ungang ng Pam Pambar baranga angay y leve levell under under the Pun Punong ong Barangay; 2. Po Polic lice e inves investig tigatio ation n stage stage under under the law law enfor enforcem cement ent officer; or 3. Inq Inques uestt or pre prelim limina inary ry inves investig tigatio ation n stage stage unde underr the the prosecutor. If the offense with the imposable penalty of not more than six (6) years imprisonment is a victimless crime, the diversion proceedings shall be conducted by the LSWDO in coordination with the BCPC. If the imposable penalty for the offense committed exceeds six
RULE 45. Diversion at the level of the LSWDO in case of victimless crimes Rule 45.a. level
When diversion is conducted at the LSWDO
Diversion shall be conducted at the level of the LSWDO when after the conduct of initial investigation, the law enforcement officer determines that the child is above 15 but below 18 years of age, acted with discernment and allegedly committed a victimless crime where the imposable penalty is not more than six (6) years of imprisonment. Rule 45.b. Nature of proceedings The LSWDO shall meet with the child and his/her parents or guardians for the development of the
Rehabilitation and Reintegration
Court Order required
Separate facilities from adults
Separate facilities for female children
Gender Sensitivity Training
Establishment of Youth Detention Homes
Care and Maintenance of CICL
In case parents cannot pay maintenance expenses
Municipality where the offense was committed shall pay 1/3 of the expenses e xpenses
Province to which municipality belongs – 1/3
Rehabilitation and Reintegration
Confinement of Convicted Children in Agricultural Camp and other Training Facilities
Rehabilitation Rehabilitati on of CICL
Under the supervision and guidance of the LSWDO in coordination with his/her parents
Youth Rehabilitation Center
The DSWD shall establish a Youth Rehabilitation Rehabilita tion Center in in each region of the country. The center shall provide 24-hour group care, treatment and rehabilitation services under the guidance of trained staff where resident are cared for under a structured therapeutic environment with the end in view of reintegrating them into their families and
After-Care Support Services for Children in Conflict with the Law
Those cases dismissed by the proper court because of good behavior as per recommendation of DSWD social worker and/or any accredited NGO shall be provided after-care services by the social welfare and development officer for at least six (6) months. The service includes counseling and other community-based services designed to facilitate social reintegration, prevent reoffending and make the children productive
Rationale
Republic Act No. 9344 or the th e Juvenile Justice and Welfare Act of 2006 provides a paradigm shift from retributive to restorative justice giving emphasis on rehabilitating the CICL rather than punishing him/her.
The law provides CICL the opportunity and chance thru alternative child-appropriate measures to reform and be reintegrated to the family and community. community.
With the law’s totally new and different approach in the management of CICL, it is necessary to provide the social workers with a common frame of reference to effectively carry out their mandate.
The guidelines shall cover the procedures for social workers to undertake in providing interventions and diversion programs to rehabilitate and eventually reintegrate CICL with
Coverage These procedures shall apply to social workers of the following: 1. Departmen Departmentt of of Social Social Welfar Welfare e and and Develo Developmen pmentt (DSWD) 1. City/Munic City/Municipal ipal Soci Social al Welfa Welfare re and and Deve Developm lopment ent Offices (C/MSWDO) 1. DSWD licen licensed sed and accr accredit edited ed non-go non-govern vernment ment organizations (NGOs)
Procedure . . .
For CICL 15 years old and below 1. Imm Immedi ediatel ately y turn-ov turn-over er the chil child d to to his/he his/herr pare parents. nts. 2. Upon Upon recei receipt pt of ref referr erral, al, cond conduct uct an asses assessme sment nt as as basis basis for actions • •
If victim is minor minor,, another social worker should handle the case If outside jurisdiction, endorsement to the other LGU social should be accompanied by complete supporting documents
2. File File a peti petitio tion n for for invo involunt luntary ary comm commitm itment ent to court court if: • abandoned, neglected or abused by the parents or guardians • there is a threat to the safety of the child but parents refuse to provide custody
Procedure . . . 15 years old and below
3. Within Within one one week week prep prepare are a so socia ciall case case study study report (SCSR) 4. Pro Provid vide e int interv ervent ention ion pro progr grams ams 5. Monitor the child’s compliance and response to the intervention program. • Require the CICL and his/her parents to report to his/her office. • Mobilization of community volunteers • Home / School visit 6. Terminate provision of interventions once assessed to have achieved desired changes in
Procedure . . .
For CICL above 15 but below 18 years of age 1. Imme Immediat diately ely releas release e the the child child to to his/he his/herr parent parents. s. 2. Upon rece receipt ipt of of referr referral, al, not exce exceeding eding one week if possible, prepare an assessment report on the absence or presence of discernment in the commitment of the crime. If victim is minor, another social worker should handle the case. If outside jurisdiction, endorsement to the other LGU social should be accompan accompanied ied by complete supporting documents
Procedure . . . above 15 but below 18 years old
3. Submit the report to the law enforcement officer. officer. If without discernment, manage the case similar to that of a 15-year old or below CICL. If with discernment, victimless, penalty not exceeding six years of imprisonment, the following shall be undertaken undertaken:: a. Determine if diversion is appropriate and and desirable
Procedure . . . above 15 years but below 18 years of age
b. If diversion diversion is inappropriate and and undesirable, undesirable, issue a certification and refer case to the prosecutor. If prosecutor diverts the case, social worker assists in the proceedings. If prosecutor submits case to court for trial, the social worker recommends release on recognizance, custody supervision or post bail. If not possible, recommend the child’ child’s s transfer to a youth detention home or rehabilitation center. c. If diversion appropriate and desirable, develop
Procedure . . . For CICL above 15 years but bel ow 18 years of age
4. When agree agreement ments s hav have e been been reac reached, hed, the child and his/her parents together with the C/MSWDO shall sign a diversion contract containing all actions to be undertaken by all parties. 5. C/MSWDO C/MSWDO to imple implement ment dive diversio rsion n progra program m with the assistance of the community. 6. Come up with a syste system m of moni monitorin toring g complian compliance ce of CICL and his parents to the diversion contract. 7. If CICL CICL fails fails to comp comply ly with with the dive diversion rsion cont contrac ract, t, certify that there is failure to the contract and refer case to prosecutor.
Procedure . . . For CICL above 15 years but bel ow 18 years of age
In cases where there are victims, the LSWDO shall only supervise the conduct of diversion which shall be handled either by the BCPC, the law enforcement officer or the prosecutor. prosecu tor. To supervise means means to ensure that the right of the CICL is protected during the proceedings and the diversion program being developed promotes the CICL’s best b est interest.
What to Observe . . .
a. Explain Explain intent intent clear clearly ly to the child child,, his/he his/herr family family and the victim, if present. b. Cle Clearl arly y empha emphasiz size e bene benefit fits s to the the CICL CICL.. c. Ob Obse serv rve e conf confid iden enti tial alit ity y. d. Enco Encour urage age CICL CICL to expre express ss himsel himself/h f/hers erself elf especially when deciding on the appropriate diversion programs. e. Consider Consider religi religious ous belie belieff, cultur cultural al orient orientatio ation, n, intellectual and physical ability, financial situation of the CICL’s family and similar concerns in choosing a diversion program
What to Observe . . .
f. Use Use lang langua uage ge and and exp expre ress ssio ions ns tha thatt are are easi easily ly understood by the CICL and are child-friendly. g. Allow CICL to read read dive diversio rsion n contr contract act befor before e signing. h. Schedule Schedule of diver diversion sion proc proceedin eedings gs not not to to interfe interfere re with the CICL’s attendance to school and shall ensure that he/she understands it. i. The The div diver ersi sion on pr proc ocee eedi ding ngs s sha shall ll be be com compl plet eted ed within 45 days upon submission of the case for diversion. When no agreements are reached after 45 days, the proceedings shall be b e terminated. The case shall then be filed according to regular
The following shall be considered when formulating a diversion program: 1. Nature Nature and and circu circumst mstanc ances es of the the offens offense e charged. 2. Fre Freque quenc ncy y and and the the seve severit rity y of the the act. act. 3. Bac Backgr kgrou ound nd and circ circum umsta stance nces s of the CIC CICL. L. 4. Influence Influence of the the family and envi environm ronment ent on the growth of the child and on family relationship. 5. Repa epara ratio tion n of inj injury ury to to the the victim victim..
6. The CICL’s feelings of remorse for the offense he/she committed. 7. The parent’s ability to guide, supervise, and support the CICL. 8. The victims’ view about the propriety of the measures to be imposed. 9. The av availab ailability ility of commu community nity-bas -based ed progr programs ams for the rehabilitation and reintegratio reintegration n of the child. 10.Record of prior offense, if any.
1. Assess Assess the need needs s and and circum circumstan stances ces with focu focus s on the following: a. Ph Physi ysica call and psy psych choso osocia ciall well-bei well-being ng b. Perc ercept eption ions s and feel feeling ings s to prese present nt situation/problem situation/pro blem and other significant events in his/her life. c. What What has has been been or cou could ld be don done e about about the situation of the child. d. Parents’ parenting capability, roles and functions of family members, behavior control/problem-solving control/pro blem-solving patterns for handling
e. Co Commu mmunic nicati ation on patter patterns ns amon among g family family member members. s. f. Resp espon onsiv sivene eness ss and in invo volve lvemen mentt of of the the mem member bers s to provide and sustain emotional support to one another especially to the child victim. g. Family members’ moral conduct. h. Acc Accept eptan ance ce of of the com commun munity ity to to the the CICL. CICL.
2. Formula Formulate te treat treatment ment plan in agreem agreement ent with the CICL and or his/her family/relatives. 3. Implement Implement trea treatmen tmentt plan plan in coo coordina rdination tion with BCPC members, other disciplines and other center staff, if in an institution. Explore other forms of alternativ alternative e parental care, when necessary. 4. Mon Monito itorr and and ev evalu aluate ate pro progre gress ss.. 5. Termin erminate ate helpin helping g relation relationship ship if desire desired d behavio behaviorr or changes achieved. 6. If CICL CICL is disch discharged arged from from cente centerr, provide provide afterafter-
