JUVENILE

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Lesson 2 Family

FAMILY STRUCTURES
Family a. Nuclear Family
- the basic social group that is united - a family consisting of a
by blood (consanguinity) or marriage husband and wife plus their
(affinity). children
- the most universal social institution. b. Extended Family
- a basic social institution which public - a family consisting of several
policy cherishes and protects. generations of blood
relatives.
Functions of Family c. Joint Family
- married children with their
1. REPRODUCTION spouses and children living in
- a prerequisite for the survival one residence.
of the society to replace one d. Household
generation to the next. - consist of one individual or a
- sexual activities are allowed hundred individuals.
but are regulated. - individuals may or may not
2. SECURITY be related to one another.
- The family serves as a e. Truncated Family
protector for all its members. - not a common form of family.
3. SOCIALIZATION - grandparent-grandchild
- responsible for the early relationship.
development of an f. Stem Family
individual’s personality. - family formed by two
- instilled in the child attitudes, families.
norms, and values. - families do not share a
4. ASSIGNMENT OF STATUS common residence, but their
- the initial ascribed status is houses may be located in the
fixed which includes their same area.
ethnic and racial status,
religious status and also their Modes of Family
class status. a. Corporate Model
5. EMOTIONAL SUPPORT Father
- “Home sweet home, for there - chief executive officer
the heart can rest.” Mother
6. OTHER FUNCTIONS - operating officer
- provides the mechanism in Children
terms of transmission of - staff
inheritance or private b. The Team Model
property and serves as the Father
economic base for producing - head
goods and services Mother
( Saquilaya,et.al,2011).]
- chief of the training AGENTS OF SOCIALIZATION
table and cheerleader - Family
Children - School
- play the rules and - Peers
stay with conformity - Mass Media
calisthenics. - Religion

c. The Military Model RIGHTS AND OBLIGATIONS BETWEEN


Father HUSBAND AND WIFE
- general - To live together
Mother - Observe mutual love, respect and
- guard on duty fidelity
Children - Render mutual help and support
- grunts (Art. 68,FC)

d. The Boarding School Model Family Relations


Father - Between husband and wife
- rector or headmaster - Between parents and children
Mother - Among other ascendants and
- Dorm counselor descendants
Kids
- dutiful students Rights and Duties of Parents Primary
e. The Theatrical Model Rights of Parents
- The parents shall have the right to
Father the company of their children and, in
- producer relation to all other persons or
Mother institutions dealing with the child’s
- stage manager development, the primary right and
Kids obligation to provide for their
- stagehands upbringing (Art. 43, PD 603).
Kinship System
- relations based on biological Rights to Discipline Child
descent and marriage. - necessary for the formation of his
- founded on social differences and good character.
cultural creations. - require from him obedience to just
and reasonable rules, suggestions,
TYPES OF KINSHIP and admonitions (Art.45, PD 603)
Consanguinity
- links between blood relatives. Duties of Parents
Affinity
- links between relatives by 1. Give the child affection,
marriage. companionship and understanding
2. Extend to him the benefits of moral the love, care and protection he
guidance, self-discipline, and needs
religious instruction 3. Sells or abandons the child to
3. Supervise his activities, including his another person for valuable
recreation consideration
4. Inculcate in him the value of 4. Neglects the child by not giving him
industry, thrift, and self-reliance the education which the family’s
5. Stimulate his interest in cic affairs, station in life and financial conditions
teach him the duties of citizenship, permit
and develop his commitment to his 5. Fails or refuses, without justifiable
country grounds, to enroll the child
6. Advise him properly on any matter 6. Causes, abates, or permits the
affecting his development and well- truancy of the child from the school
being where he is enrolled. Truancy, as
7. Always set a good example here used means absence without
8. Provide him with adequate support cause, for more than twenty school
9. Administer his property, if any, days, not necessarily consecutive. It
according to his best interest, shall be the duty of the teacher in
subject to the provisions of Article charge to report to the parents the
320 of the Civil Code: absences of the child the moment
these exceed five school days
The father, or in the absence of the 7. Improperly exploits the child by
mother, is the legal administrator of the using him, directly or indirectly, such
property pertaining to the child parental as for purposes of begging and other
authority. If the property is worth more than acts which are inimical to his interest
two thousand pesos, the father or mother and welfare
shall give a bond subject to the approval of 8. Inflicts cruel and unusual
the court of first instance (Art. 320 of the punishment upon the child or
Civil Code) deliberately subjects him to
indignations and other excessive
Liabilities of Parents chastisement that humiliates him
- Parents and guardians are liable for 9. Causes or encourages the child to
the damage caused by the children lead an immoral or dissolute life
under their parental authority (Art. 10. Permits the child to possess, handle
58, PD 603). or carry a deadly weapon,
regardless of its ownership.
Criminal liability shall be attached to any
parent who: Allows or requires the child to drive
without a license or with a license which the
1. Conceals or abandons the child with parent knows to have been illegally
intent to make such child lose his procured. If the motor vehicle driven by the
civil status child belongs to the parent, it shall be
2. Abandons the child under such presumed that he permitted or ordered the
circumstances as to deprive him of child to drive.
and inspire in them compliance with the
Parental Authority duties of citizenship.
- It includes the caring for, and rearing 4. To furnish them with good and
them for civic consciousness and wholesome educational materials, supervise
efficiency and the development of their activities, recreation and association
their moral, mental and physical with others, protect them from bad
character and well-being. company, and prevent them from acquiring
- It is the ensemble of rights and habits detrimental to their health, studies
powers that the law accords to the and morals.
father and mother with respect to the 5. To represent them in all matters affecting
person and the goods of their their interests.
unemancipated minor children, to 6. To demand from them respect and
the end of their accomplishing the obedience.
duties of protection, education and 7. To impose discipline on them as may be
support that are incumbent on them. required under the circumstances.
8. To perform such other duties as are
What is the Doctrine of Patria Potestas? imposed by law upon parents and
- Latin word meaning Power of a guardians.
Father.
- power that the male head of a family Suspension or Termination of Parental
exercised over his children Authority
1. Upon the death of the parents
Substitute and Special Parental 2. Upon the death of the child 3. Upon
Authority over the Child emancipation of the child Unless
1. The surviving grandparent subsequently revived by a final judgment,
2. The oldest brother or sister, over twenty- parental authority also terminates:
one years of age, unless unfit or disqualified 1. Upon adoption of the child
3. The child’s actual custodian, over twenty- 2. Upon appointment of a general
one years of age, unless unfit disqualified guardian
Effect of Parental Authority upon the 3. Upon judicial declaration of
Children abandonment of the child in a case
1. To keep them in their company, to filed for the purpose
support, educate and instruct them by right 4. Upon the final judgment of a
precept and good example, and to provide competent court divesting the party
for their upbringing in keeping with their concerned of parental authority
means. 5. Upon judicial declaration of
2. To give them love and affection, advice absence or incapacity of the person
and counsel, companionship and exercising parental authority.
understanding.
3. To provide them with moral and spiritual What is emancipation?
guidance, include in them honesty, integrity, - It is the release of a person from
self-discipline, self-reliance, industry and parental authority whereby he
thrift, stimulate their interest in civic affairs, becomes capacitated for civil life.
Emancipation takes place through 2. Gives the child corrupting
the following: orders, counsel or example.
1. By the attainment of majority 3. Compels the child to beg.
2. By the marriage of the minor 4. Subjects the child or
3. By the recording in the civil allows him to be subjected to
register of an agreement in a public acts of lasciviousness.
instrument executed by the parent
exercising parental authority and the Lesson 3 Child and Youth Services
minor at least eighteen years of age
4. By the recording in the civil Who is a child?
register of an agreement in a public - a person who is younger than age
instrument executed by the parent 18 or who is not an emancipated
exercising parental authority and the minor.
minor at least eighteen years of age,
but the agreement must be KINDS OF CHILDREN UNDER FAMILY
approved by the court before it is CODE
recorded. A. LEGITIMATE CHILDREN
- conceived or born during the
Effect of Emancipation marriage of the parents.
- conceived as a result of
-Termination of parental artificial insemination of the
authority. wife with the sperm of the
Suspension of Parental Authority husband.
B. ILLEGITIMATE CHILDREN
- Parental authority is - conceived and born outside a
suspended upon conviction valid marriage.
of the parent or the person C. LEGITIMATED CHILDREN
exercising the same of a - Only children conceived and
crime which carries with it the born outside of the wedlock
penalty of Civil Interdiction. of parents.
The authority is automatically reinstated D. ADOPTED CHILDREN
upon service of penalty or upon pardon or - defined as the juridical act
amnesty of the offender. which creates between two
persons a relationship similar
- The court in an action filed to that which results from
for the purpose in a related legitimate paternity and
case may also suspend filiation (Arts. 183-193, FC)
parental authority if the
parent or person exercising Who may adopt?
the same: 1. A person of age and in possession of full
1. Treats the child with civil capacity and legal rights may adopt,
excessive harshness or provided he is in a position to support and
cruelty. care for his children, legitimate or
illegitimate, in keeping with the means of the 3. The legitimate and adopted
family. children, ten years of age or over, of
2. The guardian with respect to the ward the adopting parent or parents.
prior to the approval of the final accounts 4. The illegitimate children, ten years
rendered upon the termination of their of age or over, of the adopting
guardianship relation. parent, if living with said parent or
3. Any person who has not been convicted parents.
of a crime of his or her Filipino spouse.4. An 5. The spouse, if any, of the person
alien, provided, he/she is: adopting or to be adopted
a. A former Filipino citizen who
seeks to adopt a relative by What is support?
consanguinity. - comprises everything indispensable.

b. One who seeks to adopt the The following are obliged to support
legitimate child of his or her Filipino each other to the whole extent:
spouse. ‘ 1. The spouses.
c. One who is married to a Filipino 2. Legitimate ascendants and descendants.
citizen and seeks to adopt jointly 3. Parents and their legitimate children and
with his or her spouse a relative by the legitimate and illegitimate children of the
consanguinity of the father. latter.
4. Parents and their illegitimate children and
The following may not be adopted: the legitimate and illegitimate children of the
a. A person of legal age, unless he latter.
or she is a child by nature of the 5. Legitimate brothers and sisters, whether
adopter or his or her spouse, or prior full of half-blood.
to the adoption, said person has
been CARE AND EDUCATION OF CHILDREN
b. An alien with whose government Every child:
the Republic of the Philippines has
no diplomatic relations. 1. Is entitled to parental care.
c. A person who has already been 2. Shall receive at least elementary
adopted unless such adoption has education.
been previously revoked or 3. Shall be given moral and civic training by
rescinded. the parents or guardian.
4. Has the right to live in an atmosphere
Written consent by parties to the adoption conducive to his physical, moral and
shall be necessary under the following intellectual development.
circumstances:
1. The person to be adopted, if ten The Council for the Protection of
years or over. Children shall look after the welfare of
2. The parents by nature of the child, children in the municipality. It shall among
the legal guardian or the proper other functions:
government instrumentality. 1. Foster education of every child in
the municipality.
2. Encourage the cultivation of the - a child-caring institution that
duties of parents. provides care for six or more
3. Protect and assist abandoned or children below six years of age
mistreated children, and orphans. Maternity Home
4. Take steps to prevent juvenile - an institution of residence whose
delinquency. primary function is to give shelter
5. Adopt measures for the health of and care to pregnant women and
children. their infants.
6. Promote the opening and Rehabilitation Center
maintenance of playgrounds. - receives and rehabilitates youthful
7. Coordinate the activities of offenders or other disturbed children.
organizations devoted to the welfare Reception and Study Center
of children, and secure their - receives for the study, diagnosis,
cooperation. and temporary treatment.
- children who have behavioral
CHILDREN AND YOUTH WELFARE problems.
SERVICES Child-Placing Agency
- institution or home or under the care
Child-Caring Institution and custody of any person or
- provides 24-hour resident group persons for purposes of adoption,
care service for the physical, mental, guardianship or foster care.
social, and spiritual well-being of
nine or more mentally gifted, SPECIAL CATEGORIES OF CHILDREN
dependent, abandoned, neglected,
handicapped por disturbed children, 1. Dependent Child
or youthful offenders. - without a parent, guardian, or
custodian; or whose parents,
Detention Home guardian or other custodian
- providing short term resident care for good cause desires to be
for youthful offenders who are relieved of his/her care and
awaiting court disposition. custody.
2. Abandoned Child
Shelter-Care Institution - no proper parental care or
- provides temporary protection and guardianship, or whose
care to children requiring emergency parents or guardians have
reception as a result of fortuitous deserted him for a period of
events. at least six months.
3. Neglected Child
Receiving Home - if his/her basic needs have
- a family-type, which provides been deliberately unattended
temporary shelter from ten to twenty or inadequately attended.
days for children. a. Physical Neglect
- when the child is
Nursery malnourished, ill clad
and without proper -
those with any behavioral
shelter. disorder, whether functional
b. Emotional Neglect or organic.
- when children are COMMITMENT
maltreated, raped or - entrusting a child to the care
seduced; when of the DSWD or any duly
children are exploited, licensed child placement
overworked. agency or individual.

MENTALLY RETARDED CHILDREN Involuntary Commitment


- socially incompetent. - reason of
abandonment,
CLASSIFICATION OF MENTAL substantial and
RETARDATION continuous or
repeated neglect
a. Custodial Group and/or parental
- severely or profoundly incompetence to
retarded. discharge parental
- least capable group. This responsibilities
includes those with I.Q.’s Voluntary Commitment
ranging from 0-25. - voluntary or freely
b. Trainable Group done (without force)
- this group have an I. Q’s relinquishment of
from about 25 to about 50. parental or
c. Educable Group guardianship rights.
- This group’ I.Q. ranges from
about 50 to about 75. Lesson 4 Child Abuse or Maltreatment of
d. Borderline or Low Normal Group Children
- This is the highest group of
mentally retarded, with I. Q’s Children Abuse
from about 75 to about 89. - the maltreatment, whether habitual
or not.
PHYSICALLY HANDICAPPED - Any act by deeds or words which
- children are those who are debases, degrades, or demeans the
crippled, deafmute, blind, or intrinsic worth and dignity of a child
otherwise defective as a human being.]
EMOTIONALLY DISTURBED - Unreasonable deprivation of his
CHILDREN basic needs.
- are those who, although not - serious impairment of his growth and
afflicted with insanity or development.
mental defect. - any act or failure to act that violates
MENTALLY ILL CHILDREN the rights of the child.

Kinds of Child Abuse


3. Emotional Abuse
1. Physical Abuse - a form of abuse characterized by a
- 19% substantiated cases. person subjecting or exposing
- defined as any act which another to behavior that is
results in a non-accidental psychologically harmful.
trauma or physical injury.
Types of Emotional Abuse
2. Sexual Abuse a. Rejecting
- 10% of all substantiated - Parents who lack the ability
cases. to bond will often display
- involvement of dependent, rejecting behavior toward a
developmentally immature child.
children in sexual activities. b. Ignoring
- misuse of a child for sexual - Adults who have had few of
pleasure or gratification. their emotional needs met
are often unable to respond
Categories of Sexual Abuse to the needs of their children.
c. Isolating
a. Non-Touching sexual abuse - A parent who abuses a child
offenses through isolation.
- Indecent d. Terrorizing
exposure/exhibitionism - Parents may single out one
- Exposing children to child to criticize and punish.
pornographic material e. Corrupting
- Deliberately exposing a child - Parents permit children to
to the act of sexual use drugs or alcohol; to
intercourse watch cruel behavior toward
- Masturbation in front of a animals; to watch
child pornographic materials and
b. Sexual Exploitation Offenses adult sex acts; or to witness
- Engaging a child for the or participate in criminal
purposes of prostitution - activities such as stealing,
- Using a child to film, assault, prostitution,
photograph, or model gambling, etc.
pornography
c. Touching Sexual Offenses 4. Child Neglect
- Fondling - a “type of maltreatment that refers to
- Making a child touch an the failure to provide needed age-
adult’s sexual organs appropriate care,”.
- Any penetration of a child’s
vagina or anus by an object Types of Child Neglect
that doesn’t have a medical
purpose a. Physical Neglect
- Refusal of, or extreme delay - Prenatal and postnatal
in, seeking necessary health growth deficiency
care. - Facial malformations
b. Educational Neglect - Central nervous system
- a child who is of mandatory dysfunction
school age is allowed to - Varying degrees of major
engage in chronic truancy. organ malfunction
c. Emotional Neglect
- includes such actions as Symptoms of FAS
chronic or extreme spousal
abuse in the child’s 1. Infancy
presence. 2. Facial Malformations
d. Medical Neglect 3. Neurological dysfunctions
- failure to provide appropriate 4. Organ/body organization
health care for a child 5. Mental retardation
although financially. 6. Behavioral problems
7. Growth deficiencies
Shaken baby Syndrome 8. Vision problems
- cause bleeding inside the head and 9. Dental abnormalities
increased pressure on the brain, 10. Hearing problems
causing the brain to pull apart and 11. Epilepsy
resulting in injury to the baby.
- known as SBS, and one of the Laws for Philippine Children’s Protection
leading forms of fatal child abuse.
1. The 1987 Philippine Constitution
These injuries include: a. Article XII, section 11. It
- Brain swelling and damage requires the state to adopt an
- Cerebral palsy integrated and
- Mental retardation comprehensive approach to
- Development delays health development available
- Blindness Hearing loss to all people at affordable
- Paralysis and death cost, giving special priority to
children.
Fetal Alcohol Spectrum Disorders b. Article XIV, section 2 (2). It
(FASDs) provides for free and
- group of conditions that can occur in compulsory elementary and
a person whose mother drank high school education.
alcohol during pregnancy. c. Article XIV, section 3 (3). It
- Known as FAS provides for the teaching of
religion to children in
FAS (Fetal Alcohol Syndrome) schools, so long as the
- cause of mental retardation parent or guardian of the
child has given his or her
Defects written consent: and
d. Article XV, section 3 (2). It - Under-age prostitution refers to
requires the state to defend children engaging in prostitution.
the right of children to
assistance, including proper Who are prostitutes?
care and nutrition, and - Any women who, for money or profit,
provides for special habitually indulge in sexual
protection from all forms of intercourse or lascivious conduct.
neglect, abuse, cruelty,
exploitation and other Prostitution under the Revised Penal
conditions prejudicial to their Code (Act 3815)
development.
2. The Philippine Legislations 1. Any person having no apparent
a. Civil Code means of subsistence, who has the
b. Family Code physical ability to work and who
c. Labor Code neglects
d. Child and Youth Welfare Code (PD
603) as amended by Child
Protection Act (RA 7610 and
Juvenile Justice and Welfare Act
(RA 9344)
e. Act Providing for the Elimination of
the Worst Forms of Child Labor and
Affording Stronger Protection for the
Working Child, amending for this
purpose RA 7610
f. Anti Violence against Women and
Children (RA 9262)
g. Act Strengthening the Juvenile
Justice System in the Philippines
(RA 10630) amending RA 9344
h. Magna Carta of Women (RA 9710)
i. Act on the Prohibition of Death
Penalty (RA 9346)
j. Act to Strengthen and Propagate
Foster Care and to Provide Funds
Therefore (RA 10165) k
k. Anti-mail-order-bride Law (RA 6955)
l. Anti-Trafficking in Persons Act of
2003 (RA 9208) as amended by
Expanded Anti-Trafficking in
Persons Act of 2012 (RA 10364)

What is Child Prostitution?

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