Noah’s Ark Review Center | SANTIAGO

PART III
CRIMINOGY 52
[Juvenile Delinquency & Crime Prevention]

RELEVANT TERMS

Child

A person who is below eighteen (18) years of age.

Filipino Child (PD 603)

A minor or a youth; any person below 18 years old, a boy or a girl at any age between infancy and
adolescence; however, the law includes infants and even unborn children.
A person who is below 18 years old or those over but unable to fully take care of themselves from abuse,
neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition.
Dependent Child

A person who is without a parent, guardian or custodian, or whose parents, guardian or custodian for good
cause desires to be relieved of his care and custody, and is dependent upon the public for support.
Abandoned Child

A person who has no proper parental care or guardianship, or whose parents or guardian has deserted him
for a period of at least six continuous months.
Neglected Child

A person whose basic needs have been deliberately unattended to or inadequately attended to, physically or
emotionally, by his parents or guardians.
Physical Neglect

It occurs when the child is malnourished, ill clad and without proper shelter.
Emotional Neglect

It occurs when a child is raped, seduced, maltreated, exploited, overworked or made to work under streets
or public places, or when placed in moral danger, or exposed to drugs, alcohol, gambling, prostitution and
other vices.
Disabled Child

It includes mentally retarded, physically handicapped, emotionally disturbed and mentally ill children,
children with cerebral palsy and those inflicted with similar afflictions.
Mentally Retarded Child

A person who is (a) socially incompetent, that is, socially inadequate, occupationally incompetent and
unable to manage his own affairs; (b) mentally subnormal; (c) intellectually retarded from birth or early age;
(d) retarded at maturity; (5) mentally deficient as a result of constitutional origin through heredity or diseases
or (6) essentially incurable.
Physically Handicapped Child

A person who is crippled, deaf-mute, or otherwise, suffers from a defect which restricts his means of action
or communication with others.
Emotionally Disturbed Child

A person who, although not afflicted with insanity or mental defect, is unable to maintain normal social
relations with others and the community in general due to emotional problems or complexes.
Mentally Ill Child

A person who have behavioral disorder, whether functional or organic, which is of such a degree of severity
as to require professional help or hospitalization.
Commitment or Surrender of a Child

It is the legal act of entrusting a child to the care of the Department or any duly licensed child placement or
child caring agency or individual by the court, parent or guardian.
Involuntarily Committed Child

A person whose parents, have been permanently and judicially deprived of parental authority due to
abandonment; substantial, continuous or repeated neglect; abuse or incompetence to discharge parental
responsibility.
Voluntarily Committed Child

A person whose parents’ knowingly and unwillingly relinquished parental authority to the Department or any
duly licensed child-placement or child-caring agency or individual.
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Child-placing or Child-Placement Agency

It refers to a private non-profit institution or government agency duly licensed and accredited by the
Department to provide comprehensive child welfare services, including but not limited to receiving
application for adoption or foster care, evaluating the prospective adoptive or foster parents and preparing
the home study report.
Child-Caring Agency

It refers to a private non-profit institution or government agency duly licensed and accredited by the
Department that provides twenty-four hour residential care services for abandoned, orphaned, neglected,
involuntarily or voluntarily committed children.
Guardian Ad Litem

A person appointed by the court where the case is pending for a child sought to be committed to protect his
best interests.
Child in Conflict with the Law

A person who at the time of the commission of the offense is below eighteen (18) years of age but not less
than nine (9) years of age.
Age of Criminal Responsibility

It is the age when a child who is above fifteen (15) but below eighteen (18) years of age commits an offense
with discernment.
discernment

It refers to the mental capacity to understand the difference between right and wrong and its consequences.
Restorative Justice

It is the principle that requires a process of resolving conflicts with the maximum involvement of the victim,
the offender and the community.
Youth Detention Center

It refers to a government-owned or operated agency providing rehabilitative facilities where the child in
conflict with the law maybe physically restricted pending court disposition of the charge against him.
Juvenile

He is a child or a young person, who under the legal system maybe dealt with for an offense in a manner
different from that of an adult.
These are young people regarded as immature or one whose mental as well as emotional faculties are not
fully developed, thus, making them incapable of taking full responsibility of their actions.
Delinquency

Delinquency refers to any action; course or conduct that deviate from acts approved by the majority of
people. It is a description of acts that do not conform to the accepted rules, norms and mores of the society.
It refers to any misconduct or misbehavior that is tantamount to a felony or an offense.
JUVENILE DELINQUENCY

It is used to describe a large number of disapproved behaviors of children or youths. In this sense, anything
that the youth does which other do not like is called Juvenile Delinquency.
It refers to any action or conduct of children or youth that are not conventional or not normally accepted by
the people.
Juvenile Delinquents
It maybe grouped in three ways:
a. children aging below 7 years
b. children aging from 7 to 12 years – juveniles who have doli incapax (not capable of having criminal
intent)
c. Youths aging above 12 but below 18 years old.
Youthful Offender

It refers to a child, minor or youth including one who is emancipated in accordance with law, who is over
nine (9) years but under 18 years old of age at the time the commission of an offense.
Status Offenses

These are certain acts or omission which may not be punishable if committed by adults, but become illegal
only because the person is under age and the act was committed primarily by children, minors, juveniles,
youthful offenders or other person in need of supervision or assistance.
Examples:
- sexual misconduct or immoral conduct
- use of profane language
- running away from home
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- smoking, drinking, or use of prohibited substances

- disobedience to parents or school officials
- association with criminals or delinquent friends
- repeated disregard for misuse of lawful parental authority
Parens Patriae

It simply states that the state had the right to benevolently intervene in the care and custody of the child.
Simply, the state shall become the parents of the child.

HISTORICAL BACKROUND

HAMMURABI CODE

The oldest known code of the law four thousand years age dating 2270B.C. that takes account of many
misconduct acts, some pertains to youths. It discussed runaways, children who disowned their parents and sons
who cursed their father are severely being punished.
Item 195 in the code of Hammurabi states that, “if the son strikes his father, one shall cut off his hand.” It should
be noted that the severe punishment runs through all the code of Hammurabi including not only physical mutilation
but also death for many offenses such as drowning in the river or be buried alive.

ROMAN LAW AND CANON (CHURCH) LAW

Approximately two thousand years ago, made distinction between juveniles and adults based on the notion
“age of responsibility”

ANCIENT JEWISH LAW

The Talmud specified condition under which immaturity was to be considered in imposing punishment. There
was no corporal punishment prior to puberty, which was considered to be the age of twelve for females and thirteen
for males. No capital punishment is to be imposed on those offenders under twenty years of age. Similar leniency
was found among Moslems, where children under the age of seventeen were typically exempt from the death
penalty.

CODIFICATION OF ROMAN LAW

In fifth century B.C this law resulted in the “Twelve Tables”, which made it clear that children were criminally
responsible for violation of law and were to be dealt with by same criminal justice system as adults.
Children came to be classified as “infans,” “proximus infantiae.” In general, “infans” were not held criminally
responsible, but those approaching puberty who knew the difference between right and wrong were held
accountable.

ANGLO SAXON COMMON LAW (LAW BASED ON CUSTOM OR USAGE)

The distinction made between adult and juvenile offenders in England at this time are most significant. Under
common law, children under the age of seven were presumed incapable of forming criminal intent and therefore
were not subject to criminal sanctions. Children between seven and fourteen were not subject to criminal sanctions
unless it could be demonstrated that they had formed criminal intent, understood the consequences of their actions,
and could distinguish right from wrong (Blackstone 1803, 22-24). Children over fourteen were treated much the
same as adults.

CHANCERY OR EQUITY COURTS

It is created by the king of England, under the guidance of King’s chancellor. Chancery courts were created to
consider petitions of those who needed special aid or intervention, such as woman and children who needed
protection and aid because of divorce, the death of a spouse, or abandonment, and to grant relief to such persons.
Through the chancery courts, the king exercise the right of parens patria (parents of the country) by enabling these
courts to act in loco parentis (in the place of parents) to provide necessary services for the benefit of women and
children. In other words, the king, as ruler of his country, was to assume responsibility for all those under his rule, to
provide parental care for children who had no parents, and to assist women who required aid for any of the reasons
mentioned above.

THE LAW OF KING AETHELSTAN OF ENGLAND (924-939 A.D)

Old English law provided penalties for children. He proclaimed that “any thief over 12 years old received
punishment of death if he stole more than 12 pence”. The severity of such punishment was eventually to
provide.”No one under 16 years could be put to death unless he resisted or ran away.” However, with the passage
of time the law was eased for children, and no one under sis teen years could be put to death unless he resisted or
run away.

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STATUTE OF ARTIFICERS (1562)

Stated that children of paupers could be involuntarily separated from their parents and apprenticed to others.

POOR LAW ACT OF 1601

Provided for involuntary separation of children from their impoverished parents, and these children were then
placed in bondage to local residents as apprentices. Statute of Artificers and Poor Law Act of 1601 were placed in
bondage to local residents as apprentices.

POPE CLEMENT XI

In 1704 in Rome, established the Hospital of St. Michael’s, the first institution for the treatment of juvenile
offenders. The stated purpose of the hospital was to correct and instruct unruly youth so they might become useful
citizens.

ROBERT YOUNG

In 1788 established the first private, separate institution for youthful offenders in England. The goal of the
institution was to educate and instruct in some useful trade or occupation the children of convicts or such other
infant poor as engaged in a vagrant and criminal course of life.

ALBERT K. COHEN

The first man who attempted to find out the process of beginning of the delinquent subculture.

KINGWOOD REFORMATORY

This was established for the confinement of the “hordes of unruly children who infested the streets of new
industrial towns” of England.

NEW YORK COMMITTEE ON PAUPERISM

In 1818, the committee gave the term “Juvenile Delinquency” Its first public recognition by referring it as a major
cause of pauperism.

HOUSE OF REFUGE, 1825

This was established for juvenile, which was the predecessor of the American Reformatory of this movement
had co-incident with humanitarian outlook of the western world at the time, and it emphasized that juveniles should
be reformed instead of punishment.

1899 – The first Juvenile or “family” court was established in Cook County Illinois.

1899 – 1967 – This has been referred to as the era of “socialized juvenile justice”.

LAW RELATED TO DELINQUENCY IN THE PHILIPPINES

A. Act No. 3815 - Revised Penal Code of the Philippines (RPC)

a. The provision of Article 189 on the exemption of liability is the same as Article 12, par.2 and 3 of the
Revised Penal Code: “The following are exempt from criminal liability: xxx… person under 9 years of age ;
person over 9 years and under 15 unless he acted with discernment, which case he shall be proceeded
against in accordance with Article 80 of this Code (now Article 192 of PD 603) xxx…”

b. Article 13 of the Revised Penal Code also states: “The Following are mitigating circumstances: xxx 2.
That the offender is under 18 years of age, or over 70 years. In the minor, he shall be proceeded against in
accordance with the provisions of Article 80 (now Article 192, PD 603) xxx.’ This means that the minor
offender who is under 18 is entitled to special privileged mitigating circumstances, hence cannot be offset by
aggravating circumstances. Under Article 68 of the RPC, a minor who is over nine but under 15 is entitled to
a penalty two degrees lower than that provided by law; while a minor who is over 15 but under 18 is entitled
to a penalty one degree lower than that provided by law.

B. Presidential Decree No. 603 - The Presidential Decree (PD) 603 is known as the Child and Youth Welfare
Code. The Decree was signed by his Excellency President Ferdinand Marcos on December 10, 1974 and took
effect on June 10, 1975.

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C. REPUBLIC ACT NO. 7610 – It is otherwise known as Child and Youth Welfare Code. It is an act providing
stronger deterrence and special protection of children against child abuse, exploitation, and discrimination and
providing penalties on its violation and other purposes. It was Approval date June 17, 1992.
As can be gleaned from the title, the objective of the law is for the protection of the becoming a VICTIM of
the child abuse, exploitation and discrimination. It does not speak of the child or minor as offender.

D. REPUBLIC ACT NO. 6809 - An Act Lowering the Age of Majority from Twenty One (21) to Eighteen (18) Years
Amending for the Purpose E.O. No. 209, and for other purposes.

E. REPUBLIC ACT NO. 8396- It is otherwise known as the Family courts act of 1997. It was approve on October
28, 1997. It is an act establishing Family Courts, granting them Exclusive Original Jurisdiction over Child and
Family Case, Amending BP Blg. 129, as amended, otherwise Known as the Judiciary Reorganization Act of
1980, appropriating funds therefore and for other purposes.

F. REPUBLIC ACT NO. 7658 - An act prohibiting the employment of children below 15 yrs. of age in public and
private undertaking.

G. REPUBLIC ACT NO. 9231 – An act providing for the elimination of the worst forms of child labor and affording
stronger protection for the working child.

H. ORDER NO. 56, Series of 1989 – It took effect on November 6, 1986. Authorized the DSWD to take protection
custody of the child prostitutes and sexually exploited and other purposes.

I. EXECUTIVE ODER NO. 209 - The family code of the Philippines

J. REPUBLIC ACT NO. 9262 - An act defining violence against women and children. It is otherwise known as Anti-
Violence against Women and thier Children.

K. REPUBLIC ACT NO. 9344 – It is known as Juvenile Justice and Welfare Act of 2006.

The following are the salient features of R.A 9344;

1. Increasing the age of irresponsibility from nine (9) years to fifteen (15) years of age.
2. Creation on the wheel on justice.
3. Establishing of the (a) youth detention home (b) youth rehabilitation center, managed by the DSWSD and
accredited non-government organization.

L. RA 10630 – COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM

salient features of R.A 10630:

 Enacted on July 14, 2012

 It placed Juvenile Justice and Welfare Council directly under the Department of Social Welfare and
Development (DSWD). [formerly under the Department of Justice, RA 9344]

 DOJ is now placed as one of the Coordinating Agencies under JJWC.

 Youth Detention Home was renamed into “BAHAY PAG-ASA”

 Created the Intensive Juvenile Intervention and Support Center (IJISC), a special facility within
the ‘Bahay Pag-asa’ which house CICL who committed heinous crimes.

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THEORIES OF DELINQUENCY
1. Social Disorganization Theory - It was recognized early in twentieth century by sociologist Clifford Shaw and
Henry Mckay. According to social disorganization theory, disorganized areas cannot exert social control over
acting-out youth; these areas can be identified by their relatively high level of change, fear, instability, incivility,
poverty and deterioration, and these factors have a direct influence on the area’s delinquency rate.

2. Anomie Theory - Advocated by Emile Durkheim, anomie is normlessness produced by rapidly shifting moral
values, this occurs when personal goals cannot be achieve using available means.

Anomie refers to a breakdown of social norms and it is a condition where norms no longer control the activities
of members in society. Individuals cannot find their place in society without clear rules to help guide them.
Changing conditions as well as adjustments in life leads to dissatisfaction, conflict, and deviance.

3. Strain Theory - This contend that certain classes are denied legitimate access to culturally determined goals
and opportunities and the resulting frustration, results in illegitimate activities or rejection of the society’s goal.

According to sociologist Robert Merton, although most people share common values and goals, the means for
legitimate economic and social success are stratified by socio economic class. Consequently these youths may
either use deviant methods to achieve their goals or reject socially accepted goals and substitute deviant ones.

Sources of Strain

a. Strain caused by the failure to achieve positively valued goals

b. Strain caused by the disjunction of expectations and achievements
c. Strain as the removal of positively valued stimuli from the individual
d. Strain as the presentation of negative stimuli

4. Differential Opportunity Theory - Delinquent subcultures, according to Richard Cloward and Lloyd Ohlin,
flourish in the lower-classes and take particular forms so that the means for illegitimate success are no more
equally distributed than the means for legitimate success. They argue that the types of criminal subcultures
depend on the area in which they develop. Ohlin and Cloward stated that the varying form of delinquent
subcultures depended upon the degree of integration that was present in the community.

Three types of delinquent gangs by Cloward and Ohlin

a. The Criminal Gang. Emerge in areas where conventional as well as non-conventional values of behavior
are integrated by a close connection of illegitimate and legitimate businesses. This type of gang is stable
than the ones to follow. Older criminals serve as role models and they teach necessary criminal skills to the
youngsters.
b. The conflict/violent gang. Non-stable and non-integrated, where there is an absence of criminal
organization resulting in instability. This gang aims to find reputation for toughness and destructive violence.
c. The Retreatist Gang. Is equally unsuccessful in legitimate as well as illegitimate means. They are known as
double failures, thus retreating into a world of sex, drugs, and alcohol.

5. Class Conflict Theory. According to Richard Quinney and William Chambliss, conflict theory is based upon
the view that the fundamental causes of crime are the social and economic forces operating within the society.
The criminal justice system and criminal law are thought to be operating in behalf of rich and the powerful social
elites, with resulting policies aimed at controlling the poor. The criminal justice establishment aims at imposing
standards of morality and good behavior created by the powerful on the whole of society. Focus is on separating
the powerful from have nots who would steal from others and protecting themselves from physical attacks. In the
process the legal rights of poor folks might be ignored. The middle class are also co-opted; they side with the
elites rather than the poor, thinking they might themselves rise to the top by supporting the status quo.

6. Differential Oppression Theory. John D. Hewitt and Robert Regoli proposed that much serious juvenile
delinquency is a product of the oppression of children by adults, particularly within the context of family. The
maltreatment of children has been found to be highly correlated with both serious and moderate delinquency as
well as other problem behaviors. This theory argues that adult perception of children force youths into socially
defined and controlled inferior roles, including the socially constructed “juvenile delinquency” role that separates
youthful and adult offenders for treatment and control.

7. Differential Association Theory. Asserts that criminal behavior is learned primarily within interpersonal
groups and that youths will become delinquent if definitions they have learned favorable to violating the law
exceed definitions favorable to obeying the law within the group. This theory was introduced by Edwin
Sutherland.

8. Social Learning Theory. This theory view that behavior is modeled through observation, either directly through
intimate contact with others, or indirectly through intimate contact with others, or indirectly through media;
interactions that are rewarded are copied, where as those that are punished are avoided. The family may serve

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as a training ground for violence since the child perceive physical punishment as the norm during
conflict situations with others.

9. Drift Theory (Neutralization Theory). It proposed that juveniles sense a moral obligation to be bound by the
law. Such a bind between a person and the law remains in place most of the time, they argue. When it is not in
place, delinquents will drift.

10. Labeling Theory. This theory views that youths may violate the law for a variety of reasons, including poor
family relations, peer pressure, psychological abnormality, and pro-delinquent learning experiences. Regardless
of the cause of individuals’ delinquent behaviors are detected, the offenders will be given a negative label that
can follow them throughout life. These label include “troublemaker”, “juvenile delinquent”, “mentally ill”,
“junkie” and more.

11. Social Control Theory. This perspective states that members in society form bonds with other members in
society or institution in society such as parents, pro-social friends, and churches, schools, teachers, and sports
teams. The social bonds include the ties and affection that develop between children and key people in their
lives; commitment to social norms of behavior and to succeed in regards to such values as getting good
education, a good job and being successful; involvement in activities; and finally that most persons are brought
up to believe in and respect the law.

12. Self-derogation Theory. Introduced by Kaplan states that all motivated to maximize our self-esteem,
motivation to conform will be minimized by family, school and peer interactions that devalue our sense of self,
interactions and behavior may be self-defacing or self-enhancing.

13. Interactional Theory. Originated by Terrence Thornberry, he viewed that weakening of a child’s social bond
as the fundamental cause of delinquency. The theory examined the changing nature of relationships over the life
course. It emphasized the reciprocal nature between many of the variables used to explain delinquency.

14. Self-control Theory. In short, self-control theory suggests that deviance simply results from the individual’s
inability to effectively control his/her impulses. Self-control theory argues that it is the absence of self-control
rather than the presence of some force or factor such as poverty, anomie, opportunities for deviance, delinquent
peers, exposure to definitions favorable to deviance, etc. that leads to deviance.

15. Culture Deviance Theory. Links delinquent acts to the formation of independent subcultures with a unique set
of values that clash with the main stream culture. This theory argues that children learn deviant behavior socially
through exposure to others and modeling of others action.

16. Structural Functionalism Theory. Some social structures exert a definite pressure upon certain persons in
society to engage in non-conforming rather than conforming behavior. These structural and ideological dreams
can cause great distress for those who cannot reach these goals. Juveniles who engage in crimes do so,
according to these perspective, as a means to defy societies defined goals and innovate their own goals of
delinquent behavior

17. Rational Choice Theory. They argue in many cases, deviance is a result of highly calculation of risks and
awards. Prospective deviants weigh their own chance of gain against the risk of getting caught, and thereby
decide a course of action.

Juveniles however do not always choose the most rational actions. There values are different from adult and
their motives are different from an adult criminal. Adolescent are also notorious for not thinking before they act.
These actions which constitute delinquency may come as a result of acting against authority,or to rebel against
cultural norms and goals.

18. Routine Activities Theory. This theory viewed that crime is a normal function of the routine activities of modern
living; offenses can be expected if there is a motivated offender and suitable target that is not protected by
capable guardians.

The routine activities approach gives equal weight to the role of both the victim and the offender in the crime
process. Criminal opportunity is significantly influenced by the victim’s lifestyle and behavior. The greater the
opportunity for criminals and victims to interact, the greater the probability of crime; reduce

19. Learning Theory. Posits that delinquency is learn through close relationships with others; it asserts that
children are born ”good” and learn to be “bad” from others.

Learning theories hold that children living in even the most deteriorated areas can resist inducements to crime if
they have learned proper values and behavior. Delinquency, by contrast, develops by learning the values and
behavior associated by criminal activity.

FACTORS AFFECTING JUVENILE DELINQUENCY:

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1. 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”.

2. Peers – The most difficult to resist of them all.

3. Mass Media – The most influential of the factors.
4. Church and Religion - Involves the inculcation of a set of moral belief that lead in the direction of social
approved behavior.
5. School - A 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.

NATURE OF DELINQUENCY
A. TYPES OF DELINQUENTS

1. Occasional Delinquents=these delinquent participate in group. They have common or similar

characteristics. They are “pro-social”(They do what other are doing)

2. Gang Delinquents= generally commits the most serious infractions, is most often sent to a correctional
institution, and most often continuous in a pattern of semi-professional criminal behavior as an adult.

3. Maladjusted Delinquents = the activity stems from personality disturbance rather than gang activity or slum
residence. They are having “weak ego” “the social". Experienced early and severe parental rejection.

4. STAGES OF DELINQUENCY

1. EMERGENCE. The child begins w/petty larceny between 8 and sometime during the 12 th year.
2. EXPLORATION. He then may move on to shoplifting and vandalism between ages 12 to 14.
3. EXPLOSION. At age 13, substantial increase in variety and seriousness.
4. CONFLAGRATION. At around 15, four or more types of crime are added.
5. OUTBURST. Those who continue on adulthood will progress into more sophisticated or more violent forms
of criminal behavior.

A. CLASSIFICATION OF JUVENILE OFFENDERS

1. STATUS OFFENDERS - They tend to place the blame to their parents, regarding the problem they have.
They feel that they need the warm acceptance and meaningful relationship with parental figure is not
satisfied even though their material needs have been provided very well. They rejected and neglected. They
fell unloved and full of internal turmoil.

EXAMPLES OF STATUS OFFENDERS (Keyword: SDIR)

a. School truancy- a pattern of repeated or habitual unauthorized absences from school by any juvenile
subjected to compulsory education.
b. Repeated Disregarding or misuse of lawful parental authority - Repeated disobedient behavior on
the part of juvenile or a pattern of unreasonable demands is on the part of the parents that create a
family conflict clearly evidencing need for service.
c. Repeated use of Intoxicating Beverages - Repeated possession and or consumption of intoxicating
beverage by a juvenile.
d. Repeated Running Away From Home - Running away is a juvenile’ unauthorized absences from
home.
e. Other delinquent acts committed by a juvenile below 9 years old

2. DEPENDENT OR NEGLECTED OFFENDERS - These are product of parent who abandoned or failed to
take care properly for them. Parents lack physical, emotional and financial abilities to provide for their
children.

B. CAUSES OF BEHAVIORAL DISORDER

1. Predisposing Factors – internal propensities which may not be considered as a criminal act unless the
attempt was made.

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2. Precipitating Factors – refers to conditions and elements which provokes comes or factors- such as
personal problems, curiosity, ignorance, necessaries and diseases. 1

C. DEPENDENT, ABANDONED AND NEGLECTED CHILDREN

Dependent Child. One who is without a parent, guardian or custodian, or one whose parents, guardian or
other custodian for good cause desires to be relieved of his care and custody; and is dependent upon the
public for support. orphans who go for begging or dependent upon the public for support.

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. They were not given parental guidance or
parental care of at least 6 months.

Neglected Child. Paying too little attention, or fail to extend obligation or responsibilities. One whose basic
needs have been deliberately unattended or inadequately attended. Neglect may occur in two ways:
a. Physical Neglect – when child is malnourished, ill clad and without proper shelter.
b. Emotional Neglect – when children are maltreated, raped or seduced; when children are exploited.
Overworked or made to work to conditions not conducive to good health; made to beg in the streets
or public places, when children are in moral danger or exposed to gambling, prostitution and other
vices.

D. COMMITMENT OR SURRENDER of a child is a legal act of entrusting a child to the care of the DSWD or any
duly licensed child placement agency or individual. It may be:
a. Involuntary commitment, in a case of a dependent child, or through termination of parental guardianship
rights by reason of abandonment, substantial and repeated neglect and or parental incompetence to
discharge parental responsibilities.
b. Voluntary commitment through the relinquishment of parental guardianship rights.

E. MENTALLY RETARDED, PHYSICALLY HANDICAPPED, EMOTIONALLY DISTURBED AND MENTALLY ILL

CHILDREN

A. MENTALLY RETARDED CHILDREN

a. Socially incompetent, that is socially inadequate and occupationally incompetent and unable to manage
their own affairs.
b. mentally subnormal
c. retarded intellectually from birth or early age
d. retarded at maturity
e. mentally deficient as a result of constitutional origin, through heredity or disease
f. essentially incurable

B. CLASSIFICATION OF MENTAL RETARDATION

a. Custodial Group. Members of this classification are severely or profoundly retarded, hence, the least
capable group. This include those with I.Q. is to 25.
b. Trainable Group. Members of this group consists of those with I.Q. from about 25 to about 50; one who
belongs to this group shows a mental level and rate of development which is 1/4 to 1/2 that of average
child. Is unable to acquire higher 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
instructions.
c. Educable Group. This group’s IQ ranges from 50 to about 75 and the intellectual development is
approximately 1/2 to 3/4 of that 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 that they will receive, as well on the treatment at home and in the community.
d. Borderline or Low Normal Group. This is the highest group of mentally retarded with IQs from about
75 to about 89. The members of this classification are only slightly retarded and they can usually get by
in regular classes if they receive extra care, guidance and consideration.
C. Physically Handicapped Children. Are those who are crippled, deaf-mute, blind or otherwise defective
with restricts their means of action or communication with others.
D. Emotionally Disturbed Children. Although not afflicted with insanity or mental defect, are unable to
maintain normal social relations with others and the community in general due to emotional problems or
complexes.
E. Mentally Ill Children. Are those with behavioral disorder, whether functional or organic, which is of such
degree of severity as to require professional help or hospitalization.
F. Disabled Children. Shall include mentally retarded, physically handicapped, emotionally disturbed and
severe mentally ill children.

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Juvenile Delinquency and Crime Prevention, Dean Ricardo M. Guevara and Dean Felipe S. Bautista, Page 9.
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Criminal Sociology, Ethics & Human Relations