Juvenile Delinquency

Youth Rehabilitation Center

It is a 24-hour group care, treatment and rehabilitation services under the guidance of a trained staff where residents are cared for under a structured therapeutic environment with the end view of reintegrating child in conflict with law in their families and communities as socially functioning individuals. A quarterly report shall be submitted by the center to the proper court on the progress of the children in conflict with the law. Based on the progress of the youth in the center, a final report will be forwarded to the court for final disposition of the case. The DSWD shall establish youth rehabilitation centers in each region of the country.

After-Care Support Services

Children in conflict with the law whose cases have been dismissed by the proper court because of good behavior as per recommendation of the DSWD social worker and/or NGO youth rehabilitation center shall be provided after-any accredited care services by the local social welfare and development officer for a period of at least six (6) months. The service includes counseling and othercommunity-based services designed to facilitate social reintegration, prevent re-offending and make the children productive members of the community.

Status Offenses

Any conduct not considered an offense or not penalized if committed by an adult shall not be considered an offense and shall not be punished if committed by a child.

Offenses Not Applicable to Children

Persons below eighteen (18) years of age shall be exempt from prosecution for the crime of vagrancy and prostitution under Section 202 of the Revised Penal Code, of mendicancy under Presidential Decree No. 1563, and sniffing of rugby under Presidential Decree No. 1619, such prosecution being inconsistent with the United Nations Convention on the Rights of the Child: Provided, that said persons shall undergo appropriate counseling and treatment program.

Exemption from the Application of Death Penalty

no death penalty shall be imposed upon children in conflict with the law.

Prohibition Against Labeling and Shaming

In the conduct of the proceedings beginning from the initial contact with the child, the competent authorities must refrain from branding or labeling children as young criminals, juvenile delinquents, prostitutes or attaching to them in any manner any other derogatory names. Likewise, no discriminatory remarks and practices shall be allowed particularly with respect to the child's class or ethnic origin.

Court Order

No child shall be received in any rehabilitation or training facility without a valid order issued by the court after a hearing for the purpose. The details of this order shall be immediately entered in a register exclusively for children in conflict with the law. No child shall be admitted in any facility where there is no such register.

Separate Facilities from adults

It is mandatory that children shall be separated from adults unless they are members of the same family. Under no other circumstance shall a child in conflict with the law be placed in the same confinement as adults.

Female children

Female children in conflict with the law placed in an institution shall be given special attention as to their personal needs and problems. They shall be handled by female doctors, correction officers and social workers, and shall be accommodated separately from male children in conflict with the law.

Gender - sensitivity training

All personnel of rehabilitation and training facilities shall undergone gender sensitivity training.

Confinement of convicted children

A child in conflict with the law may, after conviction and upon order of the court, be made to serve his/her sentence, in lieu of confinement in a regular penal institution, in an agricultural camp and other training facilities that may be established, maintained, supervised and controlled by the BUCOR, in coordination with the DSWD.

Rehabilitation

Children in conflict with the law, whose sentences are suspended may, upon order of the court, undergo any or a combination of disposition measures best suited to the rehabilitation and welfare of the child as provided in the Supreme Court Rule on Juveniles in Conflict with the Law.

Diversion measures

Where the maximum penalty imposed by law for the offense with which the child in conflict with the law is charged is imprisonment of not more than twelve (12) years, regardless of the fine or fine alone regardless of the amount, and before arraignment of the child in conflict with the law, the court shall determine whether or not diversion is appropriate.

Automatic suspension of sentence

Once the child who is under eighteen (18) years of age at the time of the commission of the offense is found guilty of the offense charged, the court shall determine and ascertain any civil liability which may have resulted from the offense committed. However, instead of pronouncing the judgment of conviction, the court shall place the child in conflict with the law under su spended sentence, without need of application: Provided, however, that suspension of sentence shall still be applied even if the juvenile is already eighteen years (18) of age or more at the time of the pronouncement of his/her guilt.

Return of the child in conflict with the law to court

If the court finds that the objective of the disposition measures imposed upon the child in conflict with the law have not been fulfilled, or if the child in conflict with the law has willfully failed to comply with the conditions of his/her disposition or rehabilitation program, the child in conflict with the law shall be brought before the court for execution of judgment.

Credit in service of sentence

The child in conflict with the law shall be credited in the services of his/her sentence with the full time spent in actual commitment and detention.

Probation as an alternative to imprisonment

The court may, after it shall have convicted and sentenced a child in conflict with the law, and upon application at any time, place the child on probation in lieu of his/her sentence taking into account the best interest of the child.

Confidentiality of records and proceedings

All records and proceedings involving children in conflict with the law from initial contact until final disposition of the case shall be considered privileged and confidential. The component authorities shall undertake all measures to protect this confidentiality of proceedings, including non-disclosure of records to the media, maintaining a separate police blotter for cases involving children in conflict with the law and adopting a system of coding to conceal material information which will lead to the child's identity.

Rehabilitation and reintegration

The objective of rehabilitation and reintegration of children in conflict with the law is to provide them with interventions, approaches and strategies that will enable them to improve their social functioning with the end goal of reintegration to their families and as productive members of their communities

Prosecution

There shall be a specially trained prosecutor to conduct inquest, preliminary investigation and prosecution of cases involving a child in conflict with the law. If there is an allegation of torture or ill-treatment of a child in conflict with the law during arrest or detention, it shall be the duty of the prosecutor to investigate the same.

Bail

For purposes of recommending the amount of bail, the privileged mitigating circumstance of minority shall be considered.

Detention of the child pending trial

Children detained pending trial may be released on bail or recognizance. In all other cases and whenever possible, detention pending trial may be replaced by alternative measures, such as close supervision, intensive care or placement with a family or in an educational setting or home. Institutionalization or detention of the child pending trial shall be used only as a measure of last resort and for the shortest possible period of time.

Punong barangay

When the child, his/her parents or guardian does not consent to a diversion, the Punong Barangay handling the case shall, within three (3) days from determination of the absence of jurisdiction over the case or termination of the diversion proceedings, as the case may be, forward the records of the case of the child to the law enforcement officer, prosecutor or the appropriate court, as the case may be. Upon the issuance of the corresponding document, certifying to the fact that no agreement has been reached by the parties, the case shall be led according to the regular process.

Law enforcement officer

When the child, his/her parents or guardian does not consent to a diversion, the Women and Children Protection Desk of the PNP, or other law enforcement officer handling the case of the child under custody, to the prosecutor or judge concerned for the conduct of inquest and/or preliminary investigation to determine whether or not the child should remain under custody and correspondingly charged in court. The document transmitting said records shall display the word "CHILD" in bold letters.

Formulation of the diversion program

the individual characteristics and the peculiar circumstances of the child in conflict with the law shall be used to formulate an individualized treatment.

Contract of diversion

When the child voluntarily admits the commission of the act during the conferencing, mediation or conciliation, a diversion program shall be developed when appropriate and d esirable asdetermined under Sec. 30, RA 9344. Such admission shall not be used against the child in any subsequent judicial, quasi-judicial or administrative proceedings. The diversion program shall be effective and binding if accepted by the parties concerned. The acceptance shall be in writing and signed by the parties concerned and the appropriate authorities. The local social welfare and development officer shall supervi se the implementation of the diversion program. The diversion proceedings shall be completed within forty-five (45) days. The period of prescription of the offense shall be suspended until the completion of the diversion proceedings but not to exceed forty-five (45) days

Venue in conducting diversion

Diversion may be conducted at the Katarungang Pambarangay, the police investigation or the inquest or preliminary investigation stage and at all levels and phases of the proceedings including judicial level.

Conferencing, mediation and conciliation

A child in conflict with law may undergo conferencing, mediation or conciliation outside the criminal justice system or prior to his entry into said system. A contract of diversion may be entered into during such conferencing, mediation or conciliation proceedings.

Initial contact with the child

From the moment a child is taken into custody

PD No. 603

The Child and Youth Welfare Code

DSWD

A child found to be abandoned, neglected or abused by his parents, or in the event that the parents will not comply with the prevention program, the proper petition for involuntary commitment shall be filed by the ___________________

Community-based Programs on Juvenile Justice and Welfare

instituted by the LGUs through the LCPC, school, youth organizations and other concerned agencies. The LGUs will provide community-based services to respond to the special needs, problems, interests and concerns of children and oßer appropriate counseling and guidance to them and their families.

Primary intervention

includes general measures to promote social justice and equal opportunity, which tackle perceived root causes of offending

Secondary intervention

includes measures to assist children at risk

Tertiary intervention

includes measures to avoid unnecessary contact with the formal justice system and other measures to prevent re-offending.

Physical neglect

when the child is malnourished, ill clad and without proper shelter. A child is unattended when left by himself without provisions for his needs and/or without proper supervision.

Emotional neglect

children are maltreated, raped or seduces; when children are exploited, overworked or made to work under conditions not conductive to good health; or are made to beg in the streets or public places, or when children are in morale danger, or ex posed to gambling, prostitution and other vices.

Mentally retarded children

socially incompetent, that is socially inadequate and occupationally incompetent and unable to manage their own affairs; mentally subnormal; retarded intellectually from birth or early age; retarded at maturity;

Custodial group

They are severely or profoundly retarded, hence the least capable group. This includes those with I.Q, s to 25.2

Trainable group

consist of those with I.Q,s from about 25 to about 50, one who belongs to this group shows a mental level and rate of development which is ¼ to ½ that of the average child, is unable to acquire high academic skills, but can usually acquire the basic skills for living to a reasonable degree. He can likewise attain a primary grade level of education if he receives effective instruction.

Educable group

I.Q, ranges from about 50 to about 75

and the intellectual development is approximately ½ to % of the expected of a normal child of the same chronological age. The degree of success or accomplishment that they will reach in life depends very much on the quality and type of education they receive as well as on the treatment at home and in the community. Many of the educable retardates. may reach 5th or 6th grade educational level and can develop occupational skills which may result in partial or complete economic independence in adulthood.

Borderline or low normal group

This is the highest group of mentally retarded, with I.Q,s from about 75to about 89. The members of this classification are only slightly retarded and they can usually get by in regular classes if they receive some extra help, guidance and consideration. They have to spend much more time with their studies than do most children in order to pass. Those who cannot make it are usually handicapped by one or more other conditions aside from that of intelligence

Physically handicapped children

those who are crippled, deaf- mute, blind, or otherwise defective which restricts their means of action on communication with others.

Emotionally disturbed children

those who, although not afflicted with insanity of mental defect, are unable to maintain normal social relation with others and the community in. general due to emotional problems or complexes.

Mentally ill children

those with any behavioral disorder, whether functional or organic, which is of such a degree of severity as to require professional help or hospitalization.

Neglected child

one whose basic needs have been deliberately unattended or in adequately attended

Abandoned child

one who has no proper parental care or guardianship, or whose parents or guardians have deserted him for a period of at least six continuous months.

Dependent child

one who is without a parent, guardian or custodian; or one whose parents, guardian or other custodian for good cause desire to be relieved of his care and custody; and is dependent upon the public for support.

Civic association

refers to any club, organization or association of individuals twenty-one years of age or over, which is directly or indirectly involved in carrying out child welfare programs and activities.

Samahan

refers to the aggregate of persons working in commercial, industrial, and agricultural establishments or enterprises, whether belonging to labor or management

Youth associations

refers to any club, organization or association of individuals below twenty-one years of age which is directly or indirectly involved in carrying out child or youth welfare programs and activities.

Child-placing agency

institution or person assuming the care, custody, protection and maintenance of children for placement in any child-caring institution or home under the care and custody of any person of persons for purposes of adoption, guardianship or foster care. The relatives of such child or children within the sixth degree of consanguinity or affinity are excluded from this definition.

A reception and study center

an institution that receives for study, diagnosis, and temporary treatment, children who have behavioral problems for the purpose of determining the appropriate care for them or recommending their permanent treatment or rehabilitation in other child welfare agencies

A rehabilitation center

an institution that received and rehabilitates youthful offenders or other disturbed children.

A maternity home

an institution or place of residence whose primary function is to give shelter and care to pregnant women and their infants before, during and after delivery.

A nursery

child-caring institution that provides care for six or more children below six years of age for all or part of a twenty-four-hour days, except those duly licensed top offer primary medical and educational services.

Receiving homes

family-type homes which provides temporary shelter from ten to twenty days for children who shall during this period be under observation and study for eventual placement by the Department of Social Welfare. The number of children in a receiving home shall not at any time exceed nine: Provided, that no more than two of them shall be under three years of age.

A shelter - care institution

one that provided temporary protection and care to children requiring emergency reception as result of fortuitus events, abandonment by parents, dangerous conditions of neglect or cruelty in the home, being without adult care because of crisis ion the family, or a court order holding them as material witnesses.

Detention house

twenty-four-hour child-caring institution providing short term resident care for youthful offenders who are waiting court disposition of their cases or transfer to other agencies or jurisdiction.

Child - caring institution

one that provides twenty-four resident group care service for the physical, mental, social and spiritual well-being of nine or more mentally gifted, dependent, abandoned, neglected, handicapped or disturbed children, or youthful offenders.

JUVENILE JUUSTICE AND WELFARE COUNCIL (JJWC)

It is hereby created and attached to the Department of Justice and placed under its administrative supervision. The JJWC shall be chaired by an undersecretary of the Department of Social Welfare and Development.

Working children

Children below sixteen years of age may be employed to perform light work which is not harmful to their safety health or normal development and which is not prejudicial to their studies.

Youthful offender

is one who is over nine years but under twenty-one years of age at the crime of the commission of the offense

Medical model

also known as Treatment Model, assumes that juvenile delinquency is a disease that can be treated. This model attempts to identify the cause of the disease (delinquency) and prescribe medication (treatment).

Rehabilitation model

opposes secure confinement, rather supports and stresses that youths should be given a chance to be reformed before subjected to incarcerative punishments. This model provides experiences that enable youths to overcome various psychological and social limitations that have contributed to their delinquent behavior.

Community reintegration model

believes that youths who commit delinquent are alienated acts from their communities. In this model youths are placed in residential treatment centers while provided with positive experiences and participates in everyday events such as attending school and other social activities.

Prevention/Control Model

provides intervention strategies for youths at risk in their early years.

Just - desert model

stresses offender's accountability, regardless of the offense committed. Offers punishment commensurate to the seriousness of the offense committed.

Reality therapy model

also known as Shock Probation, involves a short prison stay designed to shock the youth and to impress upon him or her the seriousness of the problem and potential consequence of further delinquency.

Justice model

advocates fair and reasonable treatment of those adjudicated as delinquent.

Restorative justice model

combines punitive and treatment approaches and attempts to restore justice to those who are affected (offender-victim-community).

Beijing rules

United Nations Standard Minimum Rules for the Administration of Juvenile Justice

Riyadh guidelines

United Nations Guidelines for the Prevention of Juvenile Delinquency

Differential Opportunity Theory

used to explain the emergence of three different delinquent subcultures: the criminal, the conflict, and the retreatist subcultures. Over the years since its inception, differential opportunity theory has received mixed empirical support.

Family

The basic institution in our society for developing a child's potential, in all its many aspects like emotional, intellectual, moral and spiritual both physical and social. It is within the family that the child must learn to curb his desires and to accept rules that defines the time, place and circumstance under which highly personal needs maybe satisfied in socially acceptable ways.

Home

referred to as the "cradle of human personality".

Peers

The most difficult to resist of them all.

Mass media

The most influential of the factors.

Church and religion

Involves the inculcation of a set of moral belief that lead in the direction of social approved behavior.

School

public instrument for training young people. It is more directly accessible to change through the development of new resources and policies.

Teacher

Considered as the 2nd parent of the child.

Anomie theory

first written in the 1940s by Robert Merton. Merton's theory explains that juvenile delinquency occurs because the juveniles do not have the means to make themselves happy. Their goals are unattainable within legal means so they end unlawful means by which to attain their goals

Subculture theory

Albert Cohen developed the theory, which is a culmination of several of his theories. The juveniles that do not meet the social standards seek validation from a subculture. The subculture group is formed of other juveniles who also do not meet the social standards.