JUVENILE JUSTICE AND SOCIAL SERVICES DEVELOPMENT DEPARTMENT

WELFARE COUNCIL
 Child-friendly Approach in the
Performance of Barangay Anti-Drug
Abuse Council (BADAC) duties

Mr. JEORGE D. DE MESA, RSW

Youth Development Officer 1
Youth Welfare Program
Community Outreach Division-SSDD
WHAT I WILL BE SHARING…
Restorative
Justice CBJIP
Initial Contact
Child Sensitive Procedures
Treatment and Care
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Restorative Justice

Application of the Principle of

Restorative Justice as a Child-friendly
Approach in the Performance of BADAC
duties

A principle which requires a process of

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

Source: International
Institute for Restorative
Practices (IIRP) Graduate
Restorative Justice

Related provisions under RA 9344, as amended

Sec 2. Declaration of State Policy - The State shall apply the principles of
restorative justice in all its laws, policies and programs applicable to CICL

Sec 5. Rights of the Child in Conflict with the Law - xxx the best interest of
the CICL, the rights of the victim and the needs of society are all taken into
consideration by the court, under the principle of restorative justice

Sec 23. System of Diversion – xxx in accordance with the best interest of the
child with a view to accomplishing the objectives of restorative justice
Comprehensive Barangay Juvenile
Intervention Program (CBJIP)

BADAC Role:
Creation of Republic Act 9344
BADAC Plan of (Juvenile Justice and Welfare
Action
Act) mandates all LGUs to develop a
Comprehensive Local Juvenile
Intervention Program (CLJIP)
(Barangay, Cities, and Municipalities)

Data from 2015 to August 31, 2020

Comprehensive Barangay Juvenile
Intervention Program (CBJIP)
A package of interventions (a program) implemented at
the barangay, city, and municipal levels designed to:

1. prevent juvenile delinquency;

2. prevent children in conflict with the
law from re-offending, and
3. re-integrate them back to the family
and community.
Protocol When Handling Children Allegedly
Involved in Dangerous Drugs

This Protocol will apply to the handling

of any child who comes into contact BADAC Role:
with any person-in-authority as a result Assistance during
of, or in connection with, the anti- the conduct of anti-
illegal drugs campaign initiated either drug operations
by the national government or any of
the local government units.
Protocol When Handling Children Allegedly
Involved in Dangerous Drugs

Child at Child in Conflict with the

Risk (CAR) Law (CICL)

The child submits or The child (a) who is apprehended or

surrenders to a person-in- (b) who submits or surrenders to
authority in connection with a person-in-authority is alleged
the anti-illegal drug to have committed an offense
campaign of the government under
for allegedly using the DDA, e.g., courier of illegal
dangerous drugs drugs (and is not surrendering
solely because of use of dangerous
drugs)
Child at Risk (CAR) NOTIFY:
Person-in-authority

(1) LSWDO and

(2) Parents/Guardian

ASK Consent of parent/guardian: Person-in-authority or LSWDO

1. To the submission/surrender
Parents absent?
2. For conduct of screening and assessment of child
OR indicators of
abuse 3. For DDE of child
NO YES 4. For treatment/care

No valid
surrender Get proxy
consent TALK to child only in order to: Person-in-authority
LSWDO: Explore 1.Obtain child’s personal circumstances (use CAR
possibility of Refer to the
interventions to child alternative parental intake form)
care program of the
and family when
government 2. Record information in separate CAR registry
needed and if
permitted by law
Person-in-authority
BADAC
LSWDO
Name/record of child is removed
from list of drug personalities under INFORM BADAC of Intake
Operation Tokhang or barangay drug-
clearing ops submission/surrender Interview
Refer to DOH-accredited person to do
screening (Intake form/sheet; Consent Form)
Child in Conflict with the Law (CICL)

Follow process
under RA 9344 as
amended

LSWDO to refer child

to screening process
Process of handling CICL depends on factors such as age of the child and nature of offense.

In consideration of such, process may include assessment of discernment, conduct of

diversion, community-based intervention or center-based intervention, among
others.
Child-Sensitive Procedures

CICL exempt from Criminal Responsibility (15 years old

and below)

CICL above 15 years but below 18 years of age who acted

without discernment

CICL above 12 to 15 YO who committed a serious crime listed

in RA 9344 as amended

CICL above 12 to 15 YO but reported for repetition of offenses;

CICL above 15 years but below 18 years of age who acted

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with discernment.
Child WITHOUT Criminal Responsibility

At the time of the commission of offense

A child 15 years of age or under

A child is 15 years and one day but

below 18 WITHOUT discernment

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CICL exempt from Criminal Responsibility
General Rule

Upon initial contact, immediately release

the child to the custody of
parents/guardian/ child’s nearest relative

The child shall undergo a

community- based intervention
program

Child shall be committed to the facility if

abandoned, neglected or abused and the
best interest of the child requires his or
her institutionalization 17
Serious Crimes by above 12 up to 15 years old

Commitment to Bahay PagAsa under Section

20A
Who files for Within what period shall
involuntary When to file? the court decide on the Who determines the
commitment petition? placement period?
?
LSWDO of LGU Within 24 hours Within 72 hours The court will
DSWD social from the time of the from the time the determine the initial
worker (in absence receipt of a report petition is filed by period which shall
of LSWDO) on the alleged the DSWD/LSWDO not be less than one
commission of the year.
Note: child is crime
deemed neglected

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Repeat offense by above 12 to 15 years
Commitment to Bahay PagAsa under Section
20B

When does this provision apply?

• A child commits an offense for

the second time or oftener, and
• Previously subjected to a
community- based intervention
program
• Deemed neglected
• Placed in a youth care facility or ‘Bahay
Pag-asa’ if best interest requires
through voluntary commitment of 19
 Please note another category
• A CICL at least 12 years old is determined by the
LSWDO to be dependent, abandoned, neglected
or abused by the parents, and the best interest
of the child requires that the child be placed in a
youth care facility or “Bahay Pag-asa,” pursuant
to Section 20 of RA 10630
• “The minimum age for children committed to a
youth care facility or ‘Bahay Pag-asa’ shall be
12 years old” (Section 20, RA 10630)

20
Child WITH Criminal Responsibility

At the time of the commission of offense

A child is 15 years and one day but

below 18 WITH discernment

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CICL 15 years old & 1 day but below 18 years
of age who acted with discernment

DIVERSION
CICL
(“Funnel Effect”)
penalty does not penalty exceeds
exceed 6 years 6 years up to 12
years

With victim Victimless

Court

Barangay, LSWDO
LEO,
Prosecutor
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Initial Contact with CICL

There is ‘initial contact’ once a

barangay official, BCPC
member or private citizen
apprehends or takes into
custody a CICL for allegedly
committing an offense.

(Flowchart A)
• Handling
• Rights
Initial Contact
What should you do upon apprehending or
taking custody of the CICL?
Remember the code:

Part 1: Id-Ex-Reg-In
Part 2: Form-OA
Part 3: Med-T-R
Initial Contact: Part 1: Id-Ex-Reg-I

Immediately upon taking the CICL into custody,

the barangay official must first:
1. Identify self to CICL
2. Explain to child: r.o.c.
• reason for taking child into custody
• offense allegedly committed
• constitutional rights
3. Register in CICL logbook
4. Inform child’s parents/guardians, social
worker, PAO, and local health officer.
Initial Contact: Part 2: Form-OA

• The barangay can proceed to the Initial Interview by

taking the statement of the CICL and filling out the
Intake Form. (Use BCPC Form)
Note: If the CICL was taken in because of a complaint
or report of a private citizen, the barangay must ask
the complainant to fill out the Complaint Form. (Use
BCPC Form No. 2);
• A key part of the Initial Interview is confirming the
Offense supposedly committed by the child and
determining the Age of the CICL.
Initial Contact: Part 3: Med-TR

“Med-T-R” means what?

1. Make sure the child is:
a. Taken to the proper medical and health
officer for a medical exam; and
a. Turned over to the proper party within
8 hours.
1. Complete the Report on the Initial
Investigation.
 What you must DO
General DOs and DON’Ts □Speak in simple and direct language
□Carry a positive and optimistic note
Treatment and Care Program

BADAC Role: The assessed Substance Use Disorder (SUD) of the child If child is CICL, LSWDO to
Rehabilitation after DOH-accredited physician conducts a DDE determine if treatment
and care program to be
and is: given prior to or
Monitoring simultaneous with
intervention or diversion
under RA 9344 as
Mild SUD Moderate SUD Severe SUD amended

If center-based
DOH Administrative Treatment and care program designed and treatment,
MDT
implemented in accordance with recommendations coordinated with DDB-
Order No. 2017-0018
authorized
of DOH-accredited physician
representative

Monitoring and Evaluation Aftercare and LSWDO

Implementation
Treatment and Care Program

• The program may be given prior to or

simultaneous with the intervention program
or diversion program (RA 9344 as amended)
• If the child is at risk for drug abuse and
dependence or with substance use disorder,
CICL is required to be placed under a center-
based intervention.
• If the treatment and care program needed to
address the CICL’s drug use is in-patient or
center- based, the child will first complete the
said program before the intervention or
Confidentiality and Privacy
• Privacy and confidentiality at any stage BADAC
Role:
• All records are privileged and confidential Maintaining
• Undertake all measures to protect the identity Records
of the child
• Disclosure of confidential records may only
be done upon order of the Court
• Child shall not be mixed with adults
• Activity or interaction shall not be done
or implemented in public places.
Roles of BADAC

• Remove the name of the minor from list of

drug personalities under Operation Tokhang
or barangay drug-clearing ops (there should
be a separate list for children)
• Member of the Multi-disciplinary Team for
the Treatment and Care program of the
minor
• Community-based treatment program
• After-care and reintegration programs
• Development of Comprehensive
Barangay Juvenile Intervention Program
(CBJIP)
JJWC Initiatives

□Review the DDB Board Regulation No. 6

□Development of Client Flow
Thank
you!