TABLE OF CONTENTS

Chapter 1

History of Juvenile Delinquency

What is Juvenile Delinquency

What is Juvenile Justice

Historical Background of Juvenile Justice and

Juvenile Delinquency
The Harsh Beginnings

16th and 17th Century

Age of Enlightenment
House of Refuge

The Industrial Revolution

The Progressive Era and the Child Savers

The Establishment of Juvenile Court

Theories on Juvenile Delinquency

Choice Theory

Classical Criminology

Rational Choice Theory

Routine Activities Theory

Trait Theory

Biological Theories

Biosocial Theories

Chapter 2

Psychological and Social Theories of Juvenile

Delinquency
Psychological and Social Theories of Juvenile
Delinquency
Psychodynamic Theory

Attachment Theory

Theory of Psychopathy

Two Types of Conditioning

 Social Learning Theory

Differential Association-Reinforcement Theory

Social Cognitive Theory

Social Theories of Delinquency

Structural Functional Theories

Anomie Theory

Merton’s Five Modes of Adaptation

Subcultural Theory

General Strain Theory

Differential Opportunity Theory

Social Disorganization Theory

Social Control Theory

Symbolic Interactionism Theories

Differential Association Theory

Neutralization Theory

Labeling Theory

Conflict Theories

Class Conflict Theory

Differential Oppression Theory

Chapter 3

Developmental Theories of Delinquency

Developmental Theories of Delinquency

Social Development Model

Integrated Theory

Moffitt’s Theory of Delinquency

Farrington’s Theory of Delinquent Development

Interactional Theory

Age-Graded Theory of Informal Social Control

Nature of Delinquency

Early Disruptive Behavior

 Stages of Delinquency

Types of Delinquents

What is Status Offense?

Types of Status Offenses

Risk Factors and Predictors of Delinquency

Early Risk Factors

Peers

School and Community

Developmental Ordering of Risk Factors

Chapter 4

Juvenile Delinquency and Domestic Violence

What is Domestic Violence?

Early-Social Legal History on Domestic Violence

The Code of Hammurabi

Mosaic Code

Roman Law

Early Christianity

Puritanism

Types of Domestic Violence

Power and Control Wheel

Forms of Abuse

Emotional Abuse

Psychological Abuse

Financial or Economic Abuse

Physical Abuse

Sexual Abuse

Stalking

Isolation

Patriarchal Domination

Domestic Violence on Children

 Juvenile Delinquency and Potential Effects in Children
Who Witness Violence
Six Types of Violence Against Children

Legislation against Domestic Violence in the

Philippines
Republic Act 9262

Republic Act 7610

Chapter 5

Marriage, Annulment and Filiations

What is Marriage?

Difference between Marriage and Ordinary Contract

Requisites of Marriage

Solemnization of Marriage

“In articulo mortis” Marriage

Other Consequences of Marriage

Rights and Obligations between Husband and Wife

Void and Voidable Marriage

Annulment and Legal Separation

Grounds for Annulment

Grounds for Legal Separation

Family as an Institution

Paternity and Filiations

Legitimate Children

Illegitimate Children

Legitimated Children

Chapter 6

Adoption, Family and Delinquency

What is Adoption?

Qualifications of an Adopter

Qualifications of Adoptee

Pre-adoption Services Requirement for Adoption

 Consent Necessary to the Adoption

Procedure on Adoption

Legal Effects of an Adoption Decree

Parenthood and Parenting

Family Structure

Kinds of Family Structure

Parental Authority

Parenting Styles

Family and Delinquency

Destructive Factors Towards the Growth of a Child

Instability

Types of Instability on Child Development

Dysfunctional Family

Common Characteristics of Dysfunctional Families

Effects of Growing Up in a Dysfunctional Family

Broken Family

Common Causes of Broken Family

Effect of a Broken Family on a child

Chapter 7

Legal Aspects of Juvenile Delinquency

Convention on the Rights of the Child

Child and Youth Welfare Code

Rights of a child

Responsibilities of a Child

General Duties of Parents Towards their Children

Criminal Liability of Parents

Duties of the Community towards Children

Classifications of Child and Youth Welfare Agencies

Special Categories of Children

Council for the Welfare of Children (CWC)

The Juvenile Justice and Welfare Act of 2006

Child, Child at Risk, and Child in Conflict with the

Law
Rights of the Child in Conflict with the Law

Juvenile Justice and Welfare Council

Restorative Justice

Roles of Different Sectors in the Prevention of

Delinquency
Community-based Programs on Juvenile Justice and
Welfare
Diversion and Intervention Programmes

Kind of Diversion Programs

Rehabilitation and Reintegration

Republic Act no. 10630

Bahay Pag-Asa

Regional Juvenile Justice and Welfare Committee

 CHAPTER 1

HISTORY OF JUVENILE DELINQUENCY AND JUVENILE JUSTICE

Learning Objectives:

At the end of this chapter, the students will be able to:

1. Define Juvenile Delinquency;

2. Define Domestic Violence;

3. Describe the harsh beginnings on the history of Juvenile Justice and the concept of

Juvenile Delinquency;

4. Explain how the concept of childhood began to emerge in the 16th and 17th

centuries;

5. Describe the impact of Industrial Revolution on the development of the concept of

Juvenile Delinquency;

6. Determine the roles of the House of Refuge and the Child Savers movement in the

development of Juvenile Justice;

7. Explain the importance of the creation of Juvenile Court;

8. Enumerate some of the Individual-level Theories of Delinquency; and

9. Differentiate the Choice Theory and the Trait Theory.

10. What is Juvenile Delinquency?

What is Juvenile Delinquency?

Juvenile Delinquency refers to the acts by a juvenile that are considered as a crime if
committed by an adult as well as to the actions that are illegal only because of the age of the
offender. Juvenile is anyone under the age of 18, unless otherwise specified on the laws of the
specific country. A Juvenile Delinquent, is any young person whose conduct is characterized by
antisocial behavior that is beyond parental control and subject to legal action.

In the Philippines, a "Child" refers to a person under the age of eighteen (18) years.3 A
child fifteen (15) years of age or under at the time of the commission of the offense are exempt
from criminal liability However, the child is to be subjected to an intervention program. In addition
to this, a child above fifteen (15) years but below eighteen (18) years of age are also exempt from
criminal liability and subjected to an intervention program, unless he/she has acted with
discernment. It is The important to note that the exemption from criminal liability does not include
an exemption from civil liability (RA 10630, 25013, Section 3).

What is Juvenile Justice?

Juvenile Justice refers to a system of laws, policies, and procedures intended to regulate
the processing and treatment of non adult (Ki offenders for violations of law and to provide legal
remedies that protect be their interests in situations of conflict or neglect. In the Philippines,
Juvenile Justice and Welfare System refers to a system dealing with day children at risk and
children in conflict with the law, which provides child-appropriate proceedings, including programs
and services for prevention, diversion, rehabilitation, reintegration and aftercare to ensure their
normal growth and development.

Historical Background of Juvenile Justice and Juvenile Delinquency

Throughout most of history, youthful offenders were handled under the same laws and
system as adults. While deviance on the part of young persons has always been a fact of life,
societal intervention and participation in the handling of juvenile transgressors has gained most
of its momentum only in the last 100- 150 years (Lab, and Whitehead, 2015, p. 30).

The Harsh Beginnings

Children were viewed as non-persons until the 1700's. They did not receive special
treatment or recognition. In terms of legal proscriptions children could be held liable for the same
actions and in the same fashion as adults. There was no legal term of "delinquency" under which
the state could intervene with youths (Lab, and Whitehead, 2015, p. 32).
There were some major assumptions about life before the 1700's (Kibin, 2022). The first
assumption is that life was hard, and you had to be hard to survive. The people of that time in
history did not have the conveniences that we take for granted. The medical practices of that day
were primitive in comparison to present-day medicine. The second- assumption was that infant
and child mortality were high (Kibin, 2022). It did not make sense to the parents in those days to
create an emotional bond with children. There was a great chance that the children would not
survive until adulthood (Kibin, 2022).

Children were often abandoned or released from traditional community restraints, there are
countless observers from this period Age o tell of bands of youths roaming the cities at night,
engaging in thievery begging, and other forms of misbehavior. At this time family control of
children, with the father in the role of sovereign, was the dominant model for disciplining wayward
youth (Krisberg, 2005, p.20). This system was extended to those children without families through
a system of "binding out" the young to other families. This is where poor abandoned children
were apprenticed to households for a specific period of time. This is the same as the
"apprenticeship" for the children belonging to the privileged class, the only difference is that the
binding- out system did not oblige the master to teach his ward as a specific trade (Krisberg, 2005,
p.20). Boys generally were assigned to farming tasks and girls were bought into domestic service.

16th and 17th Century

The concept of childhood began to emerge in the sixteenth and seventeenth centuries.
During this time, medical advancements brought about a lengthening of the life expectancy of
youths. Youths also began to be viewed as different from the adults (Lab and Whitehead, 2015,
p.32). They were in need of protection, assistance, and guidance in order to grow up uncorrupted
by the world. This movement was led by the clergy and scholars of the time. For them youths who
were not yet corrupted, had to be shielded from society and trained for their future role in the
society. As a result childhood came to be seen as a period of time during which the young could
receive an education and moral training without the pressures of adulthood (Lab and Whitehead,
2015, p.33).

Dealing with misbehavior began to be tailored to fit the age of the offender. For instance;
in England, youths under the age of 7 could not be held responsible for their actions, individuals
between 8 to 14 could be held liable only when it could be shown they understood the
consequences of their actions, while youth age 14 and over are considered adults (Lab and
Whitehead, 2015, p.33). While these types of changes began to recognize the importance of age
in dealing with offenders, the actions taken against the offenders remained the same regardless
of the age.

Age of Enlightenment
During the colonial times and up to the first part of the 1800's, youths were labeled as
rowdy and out of control; hence the term "wayward youth". They were either sent home for a
court-observed whipping, assigned tasks as farmer's helpers. Or placed in deplorable rat infested
prisons with hardened adult offenders (Roberts, and Springer, 2011, p. 3).
At the end of the 18th century, the Enlightenment appeared as a new cultural transition.
This period of history is sometimes known as the beginning of reason and humanism (Kibin, 2022).
People began to see children as flowers, who need nurturing in order to bloom. It was the invention
of childhood, love and nurturing instead of beatings to stay in line. Children had finally begun to
emerge as a distinct group. It started with the upper class, who were allowed to attend colleges
and universities.
Several important socioeconomic changes between 1730 and 1830 impacted the changing
construct of the child":

• Urbanization decreased the average family size, making every child previous, a "gift from
God."
• The breakdown of the apprentice system meant that children spent more time with
parents.
• Increased school attendance helped to create a separate youth culture.
• The new distinction between juvenile and adult activities lead adults to look back on their
own childhoods with wistful nostalgia.
• Reproduction and childrearing became a marker of middle-class masculinity.
• Commentary on the American and French Revolutions postulated a new relationship
between fatherhood and the state

House of Refuge
By the 1830's, pioneering penal reformers Thomas Eddy and John Griscom, organized
the Society for the Prevention of Pauperism, to oppose housing youth in adult jails and prisons
and urge the creation of a new type of institution." This led to the opening of a separate institution
for juvenile offenders in New York City which was the New York House of Refuge in 1825, and
similar juvenile facilities in 1826 and 1828 in Boston and Philadelphia respectively.
Houses of Refuge were large fortress-like congregate style institutions located in urban
areas for youth designated as abandoned, delinquent or incorrigible. Its aim is to shield juveniles
from the harsh conditions of prison, and children's advocates were suggesting that juveniles under
age 16 should not be prosecuted at all (Dennis, n.d.). It is a separate institution for juvenile
offenders (Roberts, and Springer, 2011, p. 3). Others argue that the low standard of living provided
in the house, in terms of food, clothing, recreation, and general care, in comparison to the harsh
discipline given to those who violated the rules offset the benefits received from their stay, as a
result many children ran away from the house of refuge if opportunity presented itself.

The Industrial Revolution

The Industrial Revolution became a springboard for new social distinctions between
childhood and youth, impacting the identification and treatment of youth for centuries to come. It
contributed to the increase in the number of families and children residing within large cities. There
was a shift from a predominantly rural society to that of an urban society. Many large cities
experienced influxes in their population base over a relatively short period of time. As a result,
families experienced sparse housing, overcrowding, health problems, crime, dangerous labor
practices, meager wages and poor environmental conditions youths. In among other social
problems. In addition, children were often left unsupervised for long periods of time (Hartinger-
Saunders, 2008, p. 90).
As a result They turned to stealing and other forms of criminal behavior as mechanisms of
survival and entertainment.
With the coming of the Industrial Revolution, children were employed in factories and mines,
aboard fishing, and merchant ships, and as apprentices to various types of tradesmen (Kratcoski,
2012, p.122). The social attitudes towards children were slowly changing, children were seen as
more malleable and easily influenced than adults, and less capable of rational decision making.

The Progressive Era and the Child Savers

The period from 1880 to 1920 is referred to as the Progressive Era. It was a time of major
social structural change at least in the United states of America. It is a significant social movement
that brought us closer to the creation of a separate system of justice for children. It was marked
by extensive efforts to alleviate social problems plaguing large cities as a result of industrialization
and immigration (Hartinger-Saunders, 2008, p. 91). Wealth was becoming concentrated in the
hands of the few individuals, who sought to dominate US economic life. Labor violence was on the
rise, and the country was in the grip of a racial hysteria affecting all people of color. The
tremendous technological advancement that was occurring during this period reduced the need
for labor (Austin, and Krisberg, 1993, p 27).
Progressive reformers felt compelled to intervene on behalf of children in order to provide
them with guidance and direction to steer them from a life of crime (Hartinger-Saunders, 2008,
p. 91). During the second half of the 19th century, a group of reformers known as Child Savers,
instituted new measures to prevent juvenile delinquency (Krisberg, 2005, p,31). Compared to the
proponents of House of Refuge, Child Savers was more optimistic about possibilities of reforming
the youths. Institutions were established in urban areas to distribute food and clothing, provide
temporary shelters for homeless youth, and introduce contract systems of shirt manufacture to
destitute children (Krisberg, 2005, p.32).
There are two disparate motivations for the child saving crusade; first is that the middle
class really had a desire to help poor, homeless, inner city children in need of guidance and
direction and the second being more of a need for social control. The latter argues that middle and
upper class members of society were concerned by the large numbers of poor families and
wayward children roaming about the cities. They saw them as a disruptive force in society
jeopardizing their privileged position in society (Hartinger-Saunders, 2008, p. 91).

The Establishment of Juvenile Court

Juvenile courts were a manifestation of the Progressive Era. The transition to a separate
judicial system was a gradual process, which culminated in a radically transformed juvenile justice
process. Government, the courts, and private institutions all became important participants in a
dynamic juvenile justice system.
The progress toward the separation of juvenile and criminal court proceedings began in the
final decades of the nineteenth century. In 1874, Massachusetts passed a legislation requiring
separate court hearings for juveniles, known as children's tribunals. In 1899, Colorado passed
the first legislation in the US to establish guidelines for trying truant or juvenile disorderly persons,
through the Compulsory School Act (Martin, 2005, p.43).
The first recognized individual juvenile court was established in Cook County, Illinois, in
1899 (Lab and Whitehead, 2015, p.38). This is through the Illinois Juvenile Court Act or the Act
to Regulate the Treatment and Control of Dependent, neglected and Delinquent Children. This act
is the first comprehensive and modern juvenile justice statute. This act codified several then-
radical doctrines, such as (Martin, 2005, p.43-44):

1. Youths under the age of 16 who engaged in certain deviant behaviors should be classified as
"juvenile delinquents"

2. Special rules of procedure should govern the adjudication of cases heard before juvenile courts.

3. Child and adult offenders should be separated.

4. Children are victims of their environments and should be reformed and rehabilitated.

Theories on Juvenile Delinquency

A theory can be defined as an abstract statement that explains why certain phenomena or
things do (do not) happen". A valid theory must: Be able to predict future occurrences of the
phenomenon in question; and
1. Be able to predict future occurences of the phenomenon in question; and

2. Be verifiable by testing through experiment or some form of empirical observation.

Through empirically verifiable statements, or hypotheses, and organizing them into theories
of delinquency causation, social scientists hope to identify the causes of delinquency and propose
methods to curtail or eliminate its occurrence (Seigel, and Welsh, 2017, p. 77).

Individual-level Theories of Delinquency

It holds that the decision to commit an illegal act is a product of an individual level decision
making process shaped by the personal characteristics and traits of the decision maker. 20
Delinquents are not a product of their environment but instead, individual actors, sometimes
directed by some inner trait such as selfish temperament, impulsive personality, abnormal
hormones, or mental illness; in their choice of committing delinquency over socially acceptable
behaviors. Individual- level theories are characterized by the following (Seigel, and Welsh, 2017,
p. 80):

• Focus on mental and behavioral processes at the individual level.

• Considers delinquency as an individual-level problem not a social problem.
• Recognizes that all people are different, each person reacts to the same set of
environmental and social conditions in a unique way.
 • Believes that the root cause of delinquency is located at the individual level, delinquency
prevention and control efforts must be directed at the individual offender.

Individual-level explanation of delinquency can be divided into two distinct categories:

Choice Theory, and Trait Theory (Seigel, and Welsh, 2017, p. 79)

A. Choice Theory
It holds that youth will engage in delinquent and criminal behavior after weighing the
consequence and benefits of their actions. Delinquent behavior is a rational choice made by a
motivated offender who perceives that the chances of gain outweigh any possible punishment or
loss (Seigel, and Welsh, 2017, p. 80).

a. Classical Criminology
It holds that the commission of behavior is influenced by the individual's free
will.21 Cesare Becaria argued that people weigh the benefits and consequences of their
future actions before deciding on a course of behavior (Seigel, and Welsh, 2017, p.
80). They generally state that juveniles are rational, intelligent people who have free
will, which is the ability to make choices. Young people calculate the costs and benefits
of their behavior before they act. Delinquency is the result of juveniles imagining
greater gains coming from breaking the law than from obeying it.
b. Rational Choice Theory
It holds that criminal behavior is predicated on the use of calculations, reasoning,
and rational consideration of choices. It is an economic approach to understanding crime,
where rational choices are based on the principle of self interest (Shoemaker, 2010,
p.21). This involves considering both personal factors, which may include a need for
money, revenge, or entertainment, and situational factors such as the target/victim's
vulnerability and the presence of witnesses, guardians, or the police.

c. Routine Activities Theory

It is a subsidiary of rational choice theory. Developed by Lawrence E. Cohen,
and Marcus Felson in 1979, routine activities theory requires three elements be present
for a crime to occur:

• a motivated offender with criminal intentions and the ability to act on these inclinations,
 • a suitable victim or target, and
• the absence of a capable guardian who can prevent the crime from happening.

The presence of capable guardians who can protect homes and possessions can reduce
the motivation to commit delinquent acts. Even the most motivated offenders may ignore
valuable targets if they are well guarded (Seigel, and Welsh, 2017, p. 97).

B. Trait Theory
It holds that youth engage in delinquent behavior or criminal behavior due to aberrant
physical or psychological traits that govern behavioral choices. Delinquent actions are impulsive
or instinctual rather than rational choices (Seigel, and Welsh, 2017, p. 80).

a. Biological Theories
The essential component of the biological approach to delinquency is that such
behavior is caused by some mechanism
internal to the individual (Shoemaker, 2010, p. 27).

i. Criminal Atavism Theory

Introduced by Cesare Lambroso (1835-1909), he believes that delinquents
manifest physical anomalies that make them biologically and physiologically similar to
our primitive ancestors. These atavistic individuals are savage throwbacks to an earlier
stage of human evolution (Seigel, and Welsh, 2017, p. 94). According to Lombroso, born
criminals possess an array of stigmata or markers that may be considered putative
evidence of their criminality. These include their excessive tattoos, their manner of
writing and talking, or the size and shape of their skull, ears, forehead, and hands. They
found that compared with public school students, delinquents were shorter, heavier, and
broader and shorter faces, and had more deformed palates.

ii. Biological Determinism

William Sheldon (1898-1977), believes that the primary determinants of
behavior are constitutional and inherited. He proposed that the body physique was
an accurate and reliable indicator of personality and consequently a predictor of
 behavior (Bartusch, and Burfeind, 2011, p. 120). Sheldon identified three primary
structures of human physique, or somatotypes, which he then connected to
personality temperament. The Somatotypes and their corresponding temperament
are:

• Endomorph (Somatotype)
- A soft roundness of the body. The digestive system is large and highly developed, whereas
other features of the body are weak, and underdeveloped. Small bones; short limbs; soft
and smooth skin.
- Viscerotonic (Temperament) is relaxed and outgoing; includes a desire for comfort and
gluttony for food and affection.

• Mesomorphic (Somatotype
- Bone and muscle predominate. The physique is hard, firm, upright, strong, and sturdy.
Large blood vessels. Thick skin with large pores.
- Somatotonic (Temperament) is active, assertive, motivated, and achievement oriented.

• Ectomorphic (Somatotype)
- Fragile, thin, and delicat. "Poorly muscled extremities" with weak bones. These individuals
have the greatest surface area and hence the greatest sensory exposure to the outside
world.
- Cerebrotonic (Temperament) is introverted, inhibited, restrained. Cerebrotonic people
shrink away from sociality as from too strong a light. They avoid attracting attention to
themselves.

b. Biosocial Theories
It is a theory of delinquency causation that integrates biologically determined traits and
environmental stimuli (Seigel, and Welsh, 2017, p. 94). It discusses the assumed links between
physical and mental traits, the social environment, and behavior. On Edmund O. Wilson's
book entitled Sociobiology (1975). He argued that people are biosocial organisms whose
behaviors are influenced by both their physical characteristics and the environmental conditions
they are faced with. Rather than viewing criminals as people whose behaviors are totally
controlled or predetermined by their biological traits, modern biosocial theorists believe that
physical, environmental, and social conditions interact in complex ways to produce human
behavior.

i. Biochemical Factors
Some biosocial theorists believe that biochemical conditions, including those
acquired through diet, can control or influence violent behavior. Biochemical factors
that might influence aggression range from nutrition to allergies.

• Nutritional Deficiencies
Bio-Criminologists maintain that minimum levels of vitamins and minerals are
required for normal brain functioning. Medical research suggests that proper nutrition is
especially important during early childhood. Nutritional deficiencies at this stage in child
development can result in serious physical, mental and behavioral problems.29 They
discover that improving diet quality can reduce delinquency and dramatically improve the
mental functioning and the academic performance of adolescents.

• Hormonal Influences
James Q Wilson argues that hormones and neurotransmitters may explain gender
differences in violent behavior. He maintains that gender differences in exposure to
androgens (male sex hormones) explain why males are naturally more violent than females
and why females are more nurturing and empathetic (Wilson 1993). Hormone levels are
used to explain the aging out of violence; it is believed that the decrease in violent behavior
with age is directly related to age-related declines in androgen levels.32 Many have observed
that both violence and androgen production in males peak during adolescence.

• Allergies
It refers to the reactions of the body to foreign substances. Cerebral allergies cause a
reaction in the brain. Neuro-allergies affect the nervous system. Both cerebral allergies and
neuro allergies have been linked to mental, emotional, and behavioral problems. A growing
body of research suggests that there is also a link between allergies and depression,
hyperactivity, aggressiveness, and violence.33 The argument is not that allergies directly
cause violence, but rather, those suffering from the stress of a painful allergic reaction may
be more likely to act violently when presented with negative stimuli.
ii. Neurological Dysfunction
Another focus of biosocial theory is the neurológical structure of the
offenders. It is believed that impairments in brain functions may be present at birth
produced by factors such as low birth weight, brain injury during pregnancy, birth
complications and inherited abnormalities. Brain injuries can also occur later in life
as a result of brutal beatings or sexual abuse by parent and can cause an adverse
physical change in the brain (Seigel, and Welsh, 2017, p. 98).
One of the most important measures of normal neurological functioning is
the Electroencephalogram (EEG). An EEG refers to the electrical impulses given
off by brain waves. These impulses can be recorded by electrodes placed on the
scalp.35 Studies suggest that 50 to 60 percent of habitually violent adolescents
have abnormal EEG readings, compared with only five to fifteen percent of the
general population.

• Attention Deficit/Hyperactivity Disorder (ADHD)

It is a condition where the child shows a developmentally inappropriate lack of
attention, impulsivity, and hyperactivity (Seigel, and Welsh, 2017, p. 101). The
suspected causes of this disability include neurological damage, prenatal stress, food
allergies and genetics. Research has also found a strong relationship between AD/HD
and poor school performance, bullying, and a lack of response to punishment, There
is also a strong association between AD/HD and the early onset of chronic delinquency
and persistent violent behavior.

• Minimal Brain Dysfunction (MBD)

It is related to abnormalities in cerebral structure (Seigel, and Welsh, 2017, p.
98). In its most serious form, MDB is associated with severe antisocial behavior,
including hyperactivity, poor attention span, temper tantrums and aggressiveness.
MDB has also been linked to episodes of explosive rage and has often been viewed as
a significant predictor of both suicide and motiveless homicide (Seigel and McCormick,
2006).

• Conduct Disorder
It is considered as a precursor of long term chronic offending. It is a condition
of childhood and adolescence that involves chronic behavior problems, such as defiant,
 or antisocial behavior, and impulsive, substance abuse (Seigel, and Welsh, 2017, p.
99).

• Learning Disability
It is a disorder in one or more of the basic psychological processes involved in
understanding or in using language, spoken or written, which may manifest itself in
an imperfect ability to listen, think, speak, read, write, spell, or to do mathematical
term includes such calculations. The conditions as perceptual handicaps, brain injury,
minimal brain dysfunction, dyslexia, and developmental aphasia. The term does not
include children who have learning problems which are primarily the result of visual,
hearing, or motor handicaps, of mental retardation, or emotional disturbance, or of
environmental, cultural, or economic disadvantage.

The link between learning disabilities and delinquency is caused by certain side
effects of learning disabilities such as impulsiveness, ADHD, poor ability to learn from
experience, and inability to take social cues. As a result kids with learning disabilities
may be more. aggressive and more likely to engage with delinquency than the kids
with no learning disability (Seigel, and Welsh, 2017, p. 99).

• Arousal Theory
It suggests that delinquents and criminals have suboptimal arousal levels. Thus,
they are neurologically inclined to seek stimulation in a variety of ways and to tolerate
more pain in satisfying their need for stimulation.40 Peoples' brains function
differently in response to environmental input. In general, people attempt to maintain
an optimal level of arousal. Too much stimulation causes anxiety and fear, while too
little stimulation leads to boredom and depression. However, individuals also differ
dramatically with respect to their cognitive ability to process environmental stimuli.
In other words, some people feel comfortable with very little stimulation, while others
require a high level of environmental input. These "sensation- seekers" or "thrill-
seekers" are much more likely to engage in a wide variety of risky activities-including
violent behavior.

iii. Genetic Influences

 The genetic makeup of delinquents may be directly or indirectly associated
with delinquency (Seigel, and Welsh, 2017, p. 104). According to the proponents of
Gene-crime association:

1. Antisocial behavior is inherited;

2. The genetic makeup of the parents is passed on to children; and

3. Genetic abnormality is directly linked to a variety of antisocial behaviors.

iv. Evolutionary Theory

It explains the existence of aggression and violent behavior as adaptive
behaviors in human evolution. These traits allowed the bearers to reproduce
disproportionately, which has had an effect on the human gene pool (Seigel, and
Welsh, 2017, p. 99). It argues that, as human beings evolved, certain traits, emotions
and characteristics became genetically ingrained. For example, jealousy is a human
emotion that may have evolved in order to keep families together and increase the
probability of reproduction (Seigel and McCormick, 2006).
From an evolutionary perspective, violence is thought to have developed as a
male reproductive strategy because it can:

1. Eliminate or deter genetic competition

2. Serve as a method for displaying physical strength and attracting females; and

3. Deter females from leaving and mating with other males.

In our distant past, therefore, male aggression may have frequently led to reproductive
success. If so, aggressive traits would be more likely than passive traits to be passed on to the
next generation of males. Thus, it is often assumed by biosocial experts that the descendants of
aggressive males account for the fact that, even in modern society, men continue to be more
violent than women.
 CHAPTER 2

PSYCHOLOGICAL AND SOCIAL THEORIES OF JUVENILE

DELINQUENCY

Learning Objectives:
At the end of this chapter, the students will be able to:
1. Identify the focus of the Psychological Theories on Juvenile Delinquency;
2. Explain Freud's Psychodynamic Theory in relation to delinquency;
3. Explain the concept of Attachment Theory;
4. Describe the Theory of Psychopathy;
5. Differentiate the Behavioral theory and the Social Learning Theory;
6. Determine the key concept of Social Theories on Juvenile Delinquency;
7. Enumerate and discuss some of the Structural Functional Theories;
8. Appreciate the key concept of Symbolic Interactionism Theories; and
9. Explain Conflict Theory
Psychological Theories on Juvenile Delinquency
Psychological based theories of delinquency focus on individual level characteristics that
exist inside all of us and interact with the environment. It focuses on a limited number of
characteristics that may help our awareness, treatment, and prevention efforts. The three common
features of psychological theories on juvenile delinquency are:
1. It focuses largely on the early life experiences to the exclusion of other variables;
2. it is highly individualistic; and
3. It is useful in treatment settings.

Psychodynamic Theory
Sigmund Freud (1856-1939) pioneered the psychodynamic approach to understanding
human behavior (Lab and Whitehead, 2015, p.67). His major premise is that unconscious
instinctual factors account much of the individual's behavior. Deviancy is the result of unconscious
desires and drives being manifested in behavior. The goal of psychoanalysis is to identify the
unconscious, precipitating factors and then develop conscious methods for dealing with them.

Freud theorized that the personality consists of three parts:

• Id

It is present at birth, it consists of blind, unreasoning, instinctual desires and motives.

It represents basic biological and psychological drives and does not differentiate between
fantasy and reality. It may be considered antisocial and knows no boundaries, or limitations.
It seeks pleasure and avoids pain. if it is left unchecked, it may annihilate the individual
(Kennedy, Detullio, and Millen, 2020, p.5).

• Ego

It grows from Id and represents the problem-solving dimension of the personality. It

deals with reality and teaches children to delay gratification because acting on impulse leads
to punishment.

• Super Ego

It is developed through socialization from the ego and serves the moral code, mores,
and values the child has acquired. It is responsible for feelings of guilt and shame and is
more closely aligned with the conscience.
Freuds Psychosexual Development
According to Freud, humans go through certain psychosexual development stages, they
are:
• Oral stage (Birth to 1 year old)

It occurs during the first year of life. In the first stage of psychosexual development,
the libido is centered in a baby’s mouth. During the oral stages, the baby gets much
satisfaction from putting all sorts of things in its mouth to satisfies the libido, and thus its
id demands. Which at this stage in life are oral, or mouth orientated, such as sucking, biting,
and breastfeeding.
Freud said oral stimulation could lead to an oral fixation in later life. We see oral
personalities all around us such as smokers, nail-biters, finger-chewers, and thumb suckers.
Oral personalities engage in such oral behaviors, particularly when under stress.

• Anal Stage (1 year to 3 years old)

During the anal stage of psychosexual development, the libido becomes focused on
the anus, and the child derives great pleasure from defecating. The child is now fully aware
that they are a person in their own right and that their wishes can bring them into conflict
with the demands of the outside world; this is where their ego has developed. During this
stage that child is stubborn, spiteful, and cruel.
Early or harsh toilet training can lead to the child becoming an anal-retentive
personality who hates mess, is obsessively tidy, punctual and respectful of authority. They
can be stubborn and tight-fisted with their cash and possessions. While, the anal expulsive
personality, on the other hand, underwent a liberal toilet-training regime during the anal
stage. In adulthood, the anal expulsive is the person who wants to share things with you.
They like giving things away. An anal-expulsive personality is also messy, disorganized and
rebellious.

• Phallic Stage (3 to 6 years old)

The phallic stage is the third stage of psychosexual development, spanning the ages
of three to six years, wherein the infant’s libido (desire) centers upon their genitalia as the
 erogenous zone. The child becomes aware of anatomical sex differences, which sets in
motion the conflict between erotic attraction, resentment, rivalry, jealousy and fear which
Freud called the Oedipus complex, (in boys) and the Electra Complex, in girls. This is
resolved through the process of identification, which involves the child adopting the
characteristics of the same sex parent.

• Latency Stage (6 years to puberty)

The latency stage is the fourth stage of psychosexual development, spanning the
period of six years to puberty. During this stage the libido is dormant and no further
psychosexual development takes place (latent means hidden). Freud thought that most
sexual impulses are repressed during the latent stage, and sexual energy can be sublimated
towards school work, hobbies, and friendships. Much of the child's energy is channeled into
developing new skills and acquiring new knowledge, and play becomes largely confined to
other children of the same gender.

• Genital Stage (Puberty to Adulthood)

The genital stage is the last stage of Freud's psychosexual theory of personality
development, and begins in puberty. It is a time of adolescent sexual experimentation, the
successful resolution of which is settling down in a loving one-to-one relationship with
another person in our 20's. Sexual instinct is directed to heterosexual pleasure, rather than
self-pleasure like during the phallic stage. For Freud, the proper outlet of the sexual instinct
in adults was through heterosexual intercourse (McLeod, 2019).
The ID, Ego, and Super Ego function simultaneously to affect desires and how children
go about fulfilling their desires. Juvenile delinquency just like other behavioral disturbances
that tend to appear during puberty and adolescence, often reflects an inner struggle
between a per son's moral faculty; his superego, and the oral, anal, and phallic impulses of
early childhood that are revived in him just before puberty.
Juvenile delinquency may result not only when a person's superego is too strict or
has criminal tendencies but more especially when it is too weak, defective, or incomplete
to control properly these resurrected primitive, violent, and amoral of the, "criminalistic"
urges of infancy. In addition, some of the factors responsible for the improper formation of
the superego like maternal deprivation, inconsistent discipline, etc., are considered as ways
of strengthening the superego through better methods of child rearing (Schoenfield, 1971).
Attachment Theory
Attachment theory is the theory that humans are born with a need to form a close
emotional bond with a caregiver and that such a bond will develop during the first six months of
a child's life if the caregiver is appropriately responsive. It originates with the seminal work of
John Bowlby. Attachment can be defined as a deep and enduring emotional bond between two
people in which each seeks closeness and feels more secure when in the presence of the
attachment figure.
Bowlby believed that the attachment system, served two primary functions (Beckes, and
Simpson, 2017):
1. To protect vulnerable individuals from potential threats or harm; and
2. To regulate negative emotions following threatening or harmful events.

Bowlby used the term maternal deprivation; this refers to the separation or loss of the
mother as well as failure to develop an attachment." The continual disruption of the attachment
between infant and primary caregiver (i.e., mother) could result in long-term cognitive, social, and
emotional difficulties for that infant. Bowlby originally believed the effects to be permanent and
irreversible. The following are the effects of maternal deprivation:
• Delinquency,
• Reduced intelligence,
• Increased aggression,
• Depression,
• Affectionless psychopathy

Theory of Psychopathy
Psychopathy is a clinical construct that is considered a personality disorder that is defined
by a set of interpersonal, affective, lifestyle, and behavioral characteristics that manifest in wide
ranging antisocial behaviors. The term psychopath is often used in conjunction with terms
sociopath and antisocial personality. They refer to individuals who are basically unsocialized,
and whose behavior patterns bring them repeatedly into conflicts with society. These individuals
are considered incapable of significant loyalty to others, or groups and social values. They are also
considered selfish, callous, irresponsible, impulsive, and unable to feel guilt or to learn from
experience and punishment. Delinquent behaviors originate in the personality of the individual.
The concept of juvenile psychopathy correlates strongly with antisocial behavior.
Behavioral Theory
Behavioral psychologists argue that a person's personality is learned throughout life during
interaction with others. They suggest that individuals learn by observing how people react to their
behavior. It concerns solely with measurable events and not the unobservable psychic phenomena
described by psychoanalysts.
It follows on the assumption that when a human is born their mind is a tabula rasa or a
blank slate. It emphasizes the role of environmental factors in influencing behavior, to the near
exclusion of innate or inherited factors. This amounts essentially to a focus on learning. We learn
new behavior through classical or operant conditioning.

TWO TYPES OF CONDITIONING

Classical or Pavlovian Conditioning
Classical conditioning is learning through association, and was discovered by Ivan
Pavlov (1897), a Russian physiologist. It occurs whenever neutral stimuli are associated with
psychologically significant events.
In his famous experiment, Pavlov rang a bell and then gave a dog some food. After repeating
this pairing multiple times, the dog eventually treated the bell as a signal for food, and began
salivating in anticipation of the treat.

Operant or Instrumental Conditioning

Operant Conditioning or Instrumental Conditioning is a method of learning normally
attributed to B.F. Skinner. It is a process in which animals learn about the relationship between
their behaviors and their consequences. It occurs when a behavior (as opposed to a stimulus) is
associated with the occurrence of a significant event. Through operant conditioning behavior which
is reinforced or rewarded a will likely be repeated, and behavior which is punished will occur less
frequently.
Skinner theorized that children learn conformity, and deviance from punishment and
reinforcement in response to their behavior. The environment shapes a child's behavior, and
children identify those aspects of their environment that are pleasurable or painful.

Social Learning Theory

It states that behavior is modeled through observation, either directly through intimate
contact with others or indirectly through media; where interactions that are rewarded are copied,
and those that are punished are avoided. It holds that children will model their behavior according
to the reactions they received from others, either positive or negative; the behavior of those adults
they are in close contact with and the behavior they view on television, and movies.

Differential Association-Reinforcement Theory

It was developed by Robert L. Burgess and Ronald L. Akers in 1966. It explains that criminal
behavior is learned by the reinforcements we receive after committing deviant behavior.
Differential association has two important dimensions. The first dimension is behavioral-
interactional and explains deviance as being produced through "direct association and interaction
with others who engage in certain kinds of behavior; second is the indirect association and
identification with more distant reference groups." This association provides the individual the
social context. Within this social context, individuals are exposed to as varying definitions of
acceptable and unacceptable behaviors, as well as a variety of behavioral models that may
differentially reinforce criminal and non-criminal behavior. These models may also serve as a
source for the imitating behavior. The greatest effect on a person's behavior occurs the earlier the
association is made, the longer the duration of the association, the more frequently the association
occurs, and the closer the association is.
Differential reinforcement is the process by which individuals Kennedy experience and
anticipate the consequences of their behaviors. A person's actions are in part determined by what
they perceive the consequences of their action or lack of action will be. Whether individuals will
refrain from or commit a crime at any given time, whether they will continue or desist from doing
it in the future; depends on the past, present, and anticipated future rewards and punishments
for their actions.

Social Cognitive Theory

Social Cognitive Theory (SCT) started as the Social Learning Theory (SLT) in the
1960s by Albert Bandura. It developed into the SCT in 1986 and posits that learning occurs in a
social context with a dynamic and reciprocal interaction of the person, environment, and
behavior.58 The unique feature of SCT is the emphasis on social influence and its emphasis on
external and internal social reinforcement. It emphasizes the importance of observing, modeling,
and imitating the behaviors, attitudes, and emotional reactions of others.
SCT considers the unique way in which individuals acquire and maintain behavior, while also
considering the social environment in which individuals perform the behavior. The theory takes
into account a person's past experiences, which factor into whether behavioral action will occur.
These past experiences influence reinforcements, expectations, and expectancies, all of which
shape whether a person will engage in a specific behavior and the reasons why a person engages
in that behavior.
A major component of the theory is observational learning. It is the process of learning
desirable and undesirable behaviors by observing others, then reproducing learned behaviors in
order to maximize rewards. Observational learning occurs through a sequence of four processes:
1. Attentional processes- account for the information that is selected for observation in the
environment. People might select to observe real-life models or models they encounter via
media.
2. Retention processes- involve remembering the observed information so it can be
successfully recalled and reconstructed later.
3. Production processes- it is the reconstruction of memories of the observations so what
was learned can be applied in appropriate situations. In many cases, this doesn't mean the
observer will replicate the observed action exactly, but that they will modify the behavior to
produce a variation that fits the context.
4. Motivational processes- it determines whether or not an observed behavior is performed
based on whether that behavior was observed to result in desired or adverse outcomes for
the model. If an observed behavior was rewarded, the observer will be more motivated to
reproduce it later. However, if a behavior was punished in some way, the observer would be
less motivated to reproduce it. Thus, social cognitive theory cautions that people don't
perform every behavior they learn through modeling.

Social Theories of Delinquency

Social Theories focus on the collective behavior of individuals as a group rather than on
individual behavior. It asserts that criminal behavior is a normal response of biologically and
psychologically normal individuals to particular kinds of social circumstances." They view
delinquent behavior as learned social behavior; social behavior norms, values and so forth are
learned as a result of one's own socialization process.
Socialization refers to the process by which a person learns and internalizes the ways of
society. The mechanism of socialization includes e of but is not limited to family, friends, peers,
and school. They believed that many types of criminality or deviancy are the result of inadequate
or inappropriate socialization experiences during childhood (Roberson, 2010, p. 53). There are
three major sociological traditions, including structural functionalism, symbolic interactionism, and
conflict theory.
Structural Functional Theories
Structural-functional theories regard delinquent behavior as the consequence of strains
or breakdowns in the social processes that produce conformity. They claim that crime is a normal
response under certain social conditions. Social problems cluster among structurally
disadvantaged populations, and among the geographic spaces in which disadvantage is
concentrated. Crime is more likely to occur in neighborhoods with structural disadvantage, which
includes deteriorated housing, low rates of home ownership, high rates of residential mobility, and
low collective efficacy.

Anomie Theory
The concept of Anomie was introduced by the French sociologist Émile Durkheim in his study
of suicide. Anomie is an absence of social regulation, or normlessness.64 It is a condition of
instability resulting from a breakdown of standards and values or from a lack of purpose or ideals.
It is characterized by a widespread lack of commitment to shared values, standards, and rules
needed to regulate the behaviors and aspirations of individuals, is an intermediate condition by
which social disorganization impacts individual distress and deviant behavior.

Merton's Five Modes of Adaptation

Introduced by Robert Merton, he believed that deviant behavior was caused by conditions
in the social structure. The society created a strain between culturally prescribed goals and the
socially structured means to achieve these goals. Culturally prescribed goals are the values
in a society; while socially structured means are the norms in a society.

The Five Different Modes of Adaptation to an anomic society are:

1. Conformity-it occurs when a person accepts both the goals and the means of a society.
2. Innovation- it exists when a person accepts the goals but rejects the accepted means for
achieving the goals.
3. Ritualism- it is a situation where a person rejects the goals but accepts the means.
4. Retreatism- it is when a person rejects both the goals and the means.
5. Rebellion- it is when a person does not accept the goals and the means of society, and
wishes to change the social structure.
 Merton argued that in our society success goals are widely shared, while the means of or
opportunities for attaining them are not. Merton's is used to explain not only why individual
adolescents become delinquents but also why some classes are characterized by more delinquency
than others. Since members of the lower- or underclass are assumed to be most affected by the
disparity between the goals and the of attaining success, this class is expected to have a higher
rate of delinquent behavior.

Subcultural Theory
Albert K. Cohen is the main proponent of Subcultural theory. It assumes that crime is a
consequence of the union of young people into so-called subcultures in which deviant values and
moral concepts dominate.
Cohen (1955) suggests that children of the underclass, and potential members of a
delinquent subculture, first experience a failure to achieve when they enter school. When assessed
against a "middle-class measuring rod," these children are often found lacking. A result is a
growing sense of "status frustration." Underclass children are simply not prepared by their earliest
experiences to satisfy middle-class expectations. The delinquent subculture therefore emerges as
an alternative set of criteria or values that underclass adolescents can meet.
These delinquent subcultures are characterized above all by their deviant values and morals,
which enable their members to gain prestige and recognition.
According to Cohen, Delinquent subcultures are:
1. Non-utilitarian- the deviant actions are not committed on the basis of economic rationality.
2. Malicious- the purpose of delinquent acts is to annoy or even injure others.
3. Negativistic-criminal acts are committed precisely because of their prohibition in order to
consciously reject conventional values.
4. Versatile - in the sense of various delinquent behaviors that occur.
5. Hedonistic- the focus is on the momentary pleasure.
6. Resistant- to external pressure of conformity and loyal towards their own group members,
values and norms.

General Strain Theory

 Robert Agnew has formulated a general strain theory of crime which posits that exposure
to strain, especially on a persistent basis, increases the child's risk for delinquency. A Strain is an
aversive event involving unfair treatment by others, the inability to achieve desired outcome, or
loss of something of value. Examples include parental rejection, criminal victimization, a desperate
need for money, and discrimination. These strains increase crime for several reasons; most
notably, they lead to a range of negative emotions, which create pressure for corrective action.69
It argues that strain leads to delinquency because they foster negative emotions that increase the
probability of adopting deviant behavior as a method of coping.

Differential Opportunity Theory

Richard Cloward and Loyd E. Ohlin (1960) argue that to understand the different forms
that delinquent and criminal behavior can take, we must consider the different types of illegitimate
opportunities available to those who seek a way out of the underclass and where these
opportunities lead. Different types of community settings produce different subcultural responses.
It argues that criminal motives, techniques and rationalizations are learned through criminal
associations, While, deviant behavior is a precisely of blocked access to legitimate means, and this
adaptation typically takes place collectively through interaction processes in groups. Cloward and
Ohlin suggest that three types of responses predominate, each one leading to its own respective
subculture:
1. Stable Criminal subculture- It is the most promising, although still illegitimate, prospects
for upward economic mobility. According to Cloward and Ohlin, this subculture can emerge
only when there is some coordination between those in legitimate and in illegitimate roles.
The streets become safe for crime, and reliable upward-mobility routes can emerge for
aspiring criminals.
2. Conflict subculture- It is where violence and conflict disrupt both legitimate and
illegitimate enterprise. A result of this disorganization is the prevalence of adolescent street
gangs and their violent activities, making the streets unsafe for more profitable crime.
3. Retreatist subculture- these include adolescents who fail in their efforts in both the
legitimate and illegitimate opportunity structures. These "double failures" are destined for
drug abuse and other forms of escape.

Social Disorganization Theory

 Social disorganization is a theoretical perspective that explains ecological differences in
levels of crime based on structural and cultural factors shaping the nature of the social order across
communities." It grew out of research conducted in Chicago by Shaw and McKay. Using spatial
maps to examine the residential locations of juveniles referred to Chicago courts, Shaw and McKay
discovered that rates of crime were not evenly dispersed across time and space in the city. Instead,
crime tended to be concentrated in particular areas of the city, and importantly, remained relatively
stable within different areas despite continual changes in the populations who lived in each area.
Entire neighborhoods were seen s being socially disorganized, as lacking the cohesion and
constraint that could prevent crime and delinquency. Delinquency emerges in this context because
of the absence of effective parental supervision, lack resources, and weak community attachment
and involvement in local institutions.

Social Control Theory

Social Control Theorist contends that individuals are by nature amoral and will commit
deviant acts if they have the chance, but if societal controls are present, then the controls will
restrain their unlawful behavior (Roberson, 2010, p. 56). The effectiveness of social controls
determines whether or not individuals will become criminals; social control tends to be more
effective in small homogenous communities than in groups of large, heterogeneous communities.
Travis Hirschi (1969), argued that the absence of control is all that really is required to
explain much delinquent behavior. Juveniles will break the law and will only refrain from breaking
it if special circumstances exist only when a person's bonds to mainstream society are strong. A
person's bonds to mainstream society are based on four elements:

1. Attachment - it is the person's ability to be sensitive to the thoughts, feelings, and desires
of others.
2. Commitment- it is the rational component in conformity. If a person is committed to
society; that person is less likely to commit criminal behavior;
3. Involvement- the more the people are involved in the community and conventional things,
the less likely a person is to commit a crime.
4. Belief- when a person's belief in the values of the society or a group is strong, the person
will be less likely to commit criminal acts.

Symbolic Interactionism Theories

Symbolic-interactionist theories of delinquency are concerned less with values than with
the way in which social meanings and definitions can help produce delinquent behavior. The
assumption is that these meanings and definitions, these symbolic variations, affect behavior. This
relies on the symbolic meaning that people develop and build upon in the process of social
interaction. It analyzes society by addressing the subjective meanings that people impose on
objects, events, and behaviors. Subjective meanings are given primacy because it is believed
that people behave based on what they believe and not just on what is objectively true.

Differential Association Theory

The Differential Association Theory was proposed by Edwin Sutherland in 1939. It
explains that people learn to become offenders from their environment. Through interactions with
others, individuals learn the values, attitudes, methods and motives for criminal behavior.
Sutherland argued that people violate laws only when they define such behavior as acceptable and
that there is an explicit connection between people and their ideas. For example, delinquent
behavior is "learned in association with those who define such behavior favorably and in isolation
from those who define it unfavorably," and this behavior occurs when "the weight of the favorable
definitions exceeds the weight of the unfavorable definitions."

Neutralization Theory
Neutralization theory, advanced by the American criminologists David Cressey,
Gresham Sykes, and David Matza, portrays the delinquent as an individual who subscribes
generally to the morals of society but who is able to justify his own delinquent behavior through a
process of neutralization, whereby the behavior is redefined to make it morally acceptable. This
allows individuals to drift back and forth between delinquent and conventional behavior. Drift is
possible because neutralization techniques blunt the moral force of dominant cultural norms and
neutralize the guilt delinquent behavior in specific situations.

Sykes and Matza outlined five neutralization techniques:

1. Denial of Responsibility- the delinquents contends that he/ she is not responsible for
his/her conduct. Bad acts are the result of unloving parents, bad companions, etc.
2. Denial of Injury- There was no injury or harm to the victim. Example; gang fighting is
seen by the delinquents as a private quarrel and no one else's business.
3. Denial of Victims- The victim deserved to have something bad happen to him or her. It
transforms the victim into the wrongdoer and the offender as the Robin hood.
4. Appeal to Higher Loyalties- The offender contends that the police are corrupt, stupid,
and brutal.
 5. Condemnation of Condemners- The norms of the gangs or peer group are more
important than society's norms.

Sykes and Matza's theoretical model based on the following four Class Conflict observations:
• Delinquents express guilt over their illegal acts.
• Delinquents frequently respect and admire honest, law- abiding individuals.
• A line is drawn between those they can victimize and those they cannot.
• Delinquents are not immune to the demands of conformity.

Labeling Theory
It contends that society labels certain people as deviant, the selected people accepted the
label, thus becoming deviant. When a person commits a crime, there is no automatic process that
labels the person a criminal. They contend that society, by placing labels on juvenile delinquents,
stigmatizes them, leading to negative labels for a youth to develop into a negative self-image.
Once a person is identified as deviant, it is extremely difficult to remove that label. The individual
becomes stigmatized as a criminal and is likely to be considered untrustworthy by others.

Conflict Theories
The most distinctive features of conflict theories include attention to the role of power
relations and economic contradictions in generating delinquency and reactions to it. For example,
conflict theories have focused on the role of dominant societal groups in imposing legal labels on
members of subordinate societal groups. It states that tensions and conflicts arise when resources,
status, and power are unevenly distributed between groups in society and that these conflicts
become the engine for social change.

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. According to William Chambliss (1976) criminalization is part of the political economy,
political power struggle and bureaucratic organization. His remarks on power relations refer to the
categories of "social class" and "social injustice". The mere fact that there are different social
classes creates social conflicts. Rules and laws are enacted solely for the reason that the
established can control and ward off dangers. Criminals thus belong to the powerless class over
which the powerful class determines and ascribes crime status to them. Richard Quinney (1977),
states that every form of deviation represented a conscious resistance to social oppression; and
criminality of the underclass as an act of survival.

Differential Oppression Theory

The theory of differential oppression suggests that the social order is created by adults
for adults. Children are forced to conform to this order, despite their possible reluctance, because
they lack the power to create meaningful social change. The extended use of power by adults
leads to the oppression of children. The theory of differential oppression maintains that
delinquency is one possible reaction to oppression. 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.

CHAPTER 3
DEVELOPMENTAL THEORIES AND NATURE OF
DELINQUENCY

Learning Objectives:

At the end of this chapter, the students will be able to:

1. Identify the main premise of Developmental Theories of Delinquency;

2. Explain Social Development Model of delinquency;

3. Explain the concept of Integrated Theory;

4. Differentiate the two types of delinquents based on Moffitt's Theory of Delinquency;

5. Enumerate the important variables in emergence of offending behavior based on

Farrington's Theory;
 6. Explain the three fundamental premises of Interactional theory;

7. Explain the Age-Graded Theory of Informal Social Control;

8. Determine the three categories of Juvenile Delinquency;

9. Discuss the importance of Early Disruptive Behavior;

10. Explain and enumerate the Types of Status Offense; and

11. Enumerate the Risk Factors Associated with Disruptive and Delinquent

Behavior.

Developmental Theories of Delinquency

Developmental Theories or Integrated Life Course Theories is an attempt to bridge
the ideological differences that exist among various older theories of crime by integrating variables
from disparate theoretical approaches. It recognizes that multiple social and individual factors
interact to result in the eventual behavior of individuals, and that we must consider the
constellation of factors in an individual's life in order to understand his or her behavior. Most
importantly, it recognizes that the factors that may have a causal influence on crime rates may
change over the life course. As such, factors that may be important in influencing criminal activity
or the desistance from criminal activity in youth and young adulthood may differ from those that
are important in adulthood.
Developmental Theories challenge the notion that criminality is stable over the life course,
and are concerned with the factors that induce the onset of criminal behavior and the cessation of
such behavior.81 Moreover, different theories within this tradition argue that the onset of criminal
behavior may occur earlier or later in life, depending on which factors impact on the individual.

Social Development Model

Social development model was developed by Richard F. Catalano and J. David
Hawkins, it examines delinquency as the result of acquired anti-social and pro-social behaviors
brought on by certain risk and protective factors.82 These factors encompass a wide range of
biological, psychological, and social variables considered in previous theory and research. Most
notably, the social development model synthesizes control, social learning, and differential
association theory, while acknowledging other associated factors not accounted for by these
theories, such as position in the social structure, acquired skills, and constitutional/biological
factors.

The social development model claims that children learn patterns of behavior, either pro-
social or antisocial, from the socializing units of the family and school, with peers and neighborhood
influences playing an increasing role as children progress through the elementary school. There
are Four main factors are seen as necessary for socialization to occur:
1. The perceived opportunities for involvement in activities and interactions with others,
2. The level of involvement and interaction engaged in and experienced by the individual.
3. The skills the individual possesses to participate in this involvement and interaction, and
4. The outcome or the reinforcement they perceive from this involvement and interaction.

It specifies sub models for four specific periods during childhood and adolescent
development, they are: Preschool, Elementary school, Middle school, and High school. An
individual's behavior will be prosocial or antisocial depending upon the predominant behaviors,
norms, and values held by those to whom the individual is bonded.

Integrated Theory
In 1979, Delbert Elliott and his colleagues proposed one of the more of strain, control and
social learning theories into a single theoretical widely recognized as Integrated Theories. It
combines the principles framework, which avoids the class bias inherent in traditional perspectives
and takes into account multiple causal paths to sustained patterns of delinquent behavior.85 It
provides a causal pathway in which strain leads to the weakening of social bonds with conventional
others and institutions, leading to greater association with deviant the subsequent learning of anti-
social and delinquent values.
It states that strain and labeling reduce social control. For instance to conventional others
and investment in conventional society. Low school failure and negative labeling may threaten
one's emotional bond social control, in turn, increases the likelihood of association with delinquent
peers, which promotes the social learning of crime.

Moffitt's Theory of Delinquency

Terrie E. Moffitt (1993) proposes that there are two primary hypothetical prototypes that
explain delinquent behavior and the onset of criminality:
 1. Life course Persistent Offender
It starts early in life, when the difficult behavior of a high- risk young child is exacerbated
by a high-risk environment. The child's risk emerges from inherited or acquired
neuropsychological variation, initially manifested in subtle cognitive deficits, difficult
temperament, or hyperactivity. While the environment's risk comprises factors such as
inadequate parenting, disrupted family bonds and poverty. The environmental risk domain
expands beyond the family, as the child ages, to include poor relations with people such as peers
and teachers, and later, with partners and employers. Over the first two decades of
development, transactions between individual and environment gradually construct a disordered
personality with hallmark features of physical aggression and antisocial behavior persisting to
mid-life (Moffitt, 1993).

2. Adolescence Limited Offender

It emerges with puberty, when healthy youths experience dysphoria during the
relatively roleless years between their biological maturation and their access to mature
privileges and responsibilities, a period called "the maturity gap." While adolescents are
in this gap, it is virtually normative for them to find the life-course-persistent anti-socials'
delinquent lifestyle appealing, and to mimic it as a way to demonstrate autonomy from
parents, win affiliation with and hasten social maturation. However, because their pre-
delinquent development was normal and healthy, most young people who become
adolescent-limited delinquents are able to desist from crime once they age into real adult
roles, turning gradually to a more conventional lifestyle.

Moffitt attributes the behavioral abnormalities of the life course persistent offender group
to neurological deficits. However, the adolescence limited offender group has no neurological
deficits; their antisocial behavior is caused by contact with delinquent peers.

Farrington's Theory of Delinquent Development

David Farrington (2003) developed a theory to explain offending and antisocial behavior
by working class males.89 It establishes the existence of chronic offenders, the continuity of
offending, and the presence of early onset leading to persistent criminality.90 Farrington found
that the chronic criminal is typically male, and is born into low-income large families, which have
parents and siblings with criminal records or prior offending and in which parents are likely to be
separated or divorced. It was found that parenting was an important factor predicting future
criminality. The future criminal receives poor parental supervision, including the use of harsh or
erratic punishment. The signs of later criminal behavior were manifest as early as age eight, when
such persons already exhibited anti-social behavior, including dishonesty and aggressiveness. At
school, such individuals had low educational achievement and were described as restless,
troublesome, hyperactive, impulsive, and truant. It was also found that the chronic offender
associated with friends who also exhibited anti-social behavior. The study also found that the
typical offender provided the same kind of deprived and disrupted family life for his own children,
and thus the social conditions and experiences that produce delinquency a transmitted from one
generation to the next.
Farrington was able to establish the major classes of variables that are important in
influencing the pathways developing children follow towards the emergence of offending behavior.
They are as follows:
• Prenatal and perinatal factors- This includes a child's health and influences on it both
before and after birth.
• Hyperactivity and Impulsivity- These are elements of difficult temperament, which pose
a challenge to parents and are linked to poor academic performance.
• Parental Supervision- This includes discipline and attitudes to child rearing.
• Broken Homes-It is associated with familial stress and emotional distress.
• Parental Criminality- It involves the criminal activity and tendencies of fathers, both
parents and siblings.
• Large Family Size- This reduces parental attention for each child and may increase
conflict.
• Socio-Economic Deprivation- This includes the economic and social pressures on families
• Below-Average Intelligence and Educational Attainment- It reduces the chance of
success defined conventionally. through employment and income.
Peer Influences- This includes both attitudes and behavior derived from peers.
• School Influences- It includes the way a school is run and
the school ethos.
• Community Influences- This includes the opportunity to commit crime and neighborhood
environments.
• Situational Variables- It is the combination of people present and the interactions
between them.

Interactional Theory
 Terence P. Thornberry and Marvin D. Krohn developed the Interactional Theory. It
proposed that delinquent behavior was caused delinquency also had feedback effects to further
weaken prosocial bonds by weak social bonds and involvement in delinquent networks but that
and further embed the individual in deviant networks and belief systems. Prolonged and serious
involvement in antisocial behavior gradually evolved over the life course as a function of these
reciprocal processes.

There are three fundamental premises of interactional theory, they are:

1. It takes a life course perspective.
Delinquency unfolds over time; for most people, it has an onset, a duration and, for
most offenders, a termination. Explaining this behavior at various ages requires linking anti-
social behavior patterns to other trajectories in life, such as family, school and work
experiences. It asserts that at different ages, different influences become more important
for the person concerned. During childhood and early adolescence, attachment to the family
is the single most important determinant of whether a youth will adjust to conventional
society and be shielded from delinquency. By mid-adolescence, the family is replaced by
the world of friends, school and youth culture. In adulthood, a person's behavioral choices
are shaped by his or her place in conventional society and his or her own family.

2. Delinquency and its causes often become involved in reinforcing causal loops as
delinquent careers unfold.

Delinquency and its causes interact with each other, often resulting in greater or
lesser levels of offending. For instance, ineffective parenting may lead to delinquency
involvement, which, in turn, may result in parental responses that further increase the
occurrence of delinquent behaviors.

3. The causes of delinquency vary in their magnitude across persons due to the
presence of "offsetting assets" or protective factors.
The magnitude of the causal force increases, the person's involvement in crime becomes
more likely and increases in severity.

Age-Graded Theory of Informal Social Control

 Robert J. Sampson and John H. Laub developed a theory of age- graded informal social
control in an attempt to explain childhood establishment antisocial behavior, adolescent
delinquency, and adult crime. It claims that crime and other forms of deviance is a result of weak
or broken bonds to society. The nature and strength of social bonds varies more or less over the
life course. The criminality in a person's life course does not necessarily have to be constant, and
biographical turning points can be associated with a discontinuity as well as the reinitiation of
criminal behavior. Turning points are abrupt and radical turnarounds or changes in life history
that separate the past from the future such as marriage, parenthood, taking up permanent
employment.
Deviant behavior in the life course is characterized by both continuity and change, through
this Sampson and Laub assigned three different categories of delinquents, they are97:
• Persisters
They are persons who continued their criminal career into adulthood
• Desisters

They are the people who have ended their criminal career
• Zigzag criminal career
They are the persons for whom the criminal career had no continuity and was applied from
time to time.

They argued that turning points are connected with the establishment or termination of
social ties. Life events like marriage, military service, and/or employment strengthen the level of
social bonds and are accompanied by a greater degree of social control. The establishment of
meaningful social bonds is accompanied by a change in everyday life routines. New informal
obligations and increased social control have a positive effect on the development of non-deviant
behavior.
However, this same turning point can also mark the beginning of an increase in delinquency,
for instance the loss of an employment relationship or the termination of a partnership, etc.
reduces the level of informal commitments and social control. An increase in deviant/ ree criminal
behavior can be the result.

Nature of Delinquency
Juvenile delinquency is a broad term that includes diverse forms of antisocial behavior by a
child. It pertains to a behavior that is a violation of the criminal code and committed by youth who
have not reached adult age yet, which typically is age 18. The way a society defines delinquency
is reflection on how they view children. As society's beliefs about children change, so as the
society's formal response to delinquency. For example, during the time when juveniles were viewed
as miniature adults, the legal codes that applied to adults were presumed to be adequate and
appropriate to control juvenile delinquency. However, with the changes and the development in
social roles and relationships brought about by the Industrial Revolution, juveniles began to be
seen as different from adults, and their violations of the law became defined as a more serious
challenge to the social order.

Age of onset has an important effect on a delinquent career; those who demonstrate
antisocial tendencies at a very early age are more likely to commit more crimes for a longer
duration. Delinquency rates decline with age. As youthful offenders mature, the likelihood that
they will commit offenses declines. However, not all juvenile criminals desist as they age; some
go on to become chronic adult offenders. Chronic offenders commit a significant portion of all
delinquent acts.
Delinquency rates are highest in areas with high rates of poverty. Kids who engage in the
most serious forms of delinquency, for example, gang violence, are more likely to be members of
the lower class. A large portion of teenagers commit snatching, stealing, looting, kidnapping,
ransom to raise money for drugs etc. due to the lack of money for their needs.

Juvenile delinquency can be separated into three categories.

1. Delinquency- These are crimes committed by minors that are dealt with by the juvenile
courts and justice system;
2. Criminal behavior- These are crimes dealt with by the criminal justice system;
3. Status offenses- These are offenses which are only classified as such because one is a
minor, such as truancy, also dealt with by the juvenile courts.

Early Disruptive Behavior

The preschool period is critical in setting a foundation for preventing the development of
disruptive behavior and, eventually, child delinquency,102 There are four primary reasons why the
preschool period may have important implications for understanding and preventing very young
offending:
1. Disruptive problem behavior, including serious aggression and chronic violation of the rights
and property of others, is the most common source of referral to mental health services for
preschool children.
 2. Studies have documented a predictive relationship between problem behaviors in preschool
and later conduct disorder and child delinquency.
3. Many important developmental skills (such as language development) begin during this
period, and difficulties in developing these skills may weaken the foundation of learning and
contribute to later disruptive behavior and child delinquency.
4. Understanding the early emergence of problem behaviors may help in the creation of earlier,
effective interventions for the prevention of child delinquency.

It is important to note that, although the majority of child delinquents have a history of
disruptive behavior, such as aggressive, inattentive, or sensation-seeking behavior in the
preschool period; the majority of preschoolers with such behavior problems do not go on to
become young offenders. The following factors may affect the development of pro- and antisocial
behavior during preschool and beyond:
• Language
It is the primary means by which parents and others affect children's behavior. Delayed
language development may increase a child's stress level, impede normal socialization, and
be associated with later criminality up to age 30.
• Temperamental Characteristics
This refers to the individual predispositions for certain behavior characteristics that can be
modified by environmental influence. Difficult temperament (predominance of negative moods
such as anger and difficulty in controlling behaviors and emotions) early in life may be a marker
for the early antecedents of antisocial behavior and behavior problems.
• Low attachment to caregivers

Pertains to the early mother-infant bond, plays an important role in later behavior
and delinquency problems. The closer a child is to the mother, the less likely a child is to be
at risk for delinquency.

Stages of Delinquency
Delinquency appeared to be ordered in a specific way according to their starting age,
seriousness, and duration. The order was summarized as a sequence of five developmental stages:
1. Emergence Stage - It took place between the ages of 8 and 10; offending was
homogeneous and, for most youth, benign, and was usually expressed in the form of petty
larceny.
 2. Exploration Stage - It generally occurred between 10 and 12 and was marked by
diversification and aggravation offenses, usually shoplifting and vandalism.
3. Explosion Stage - It occurred at about age 13, there was a substantial increase in the
variety and seriousness of offending and four new types of crime developed: common theft,
public mischief, burglary, and personal larceny.
4. Conflagration Stage - It occurred around age 15, the variety and seriousness of offending
increased further and, at the same time, was complemented by four more types of crime:
drug trafficking, motor vehicle theft, armed robbery, and personal attack.
5. Outburst Stage - It occurred during adulthood only and consisted of a transition toward
astute forms of offending, such as fraud, or more violent, like homicide.

Types of Delinquents
There are three general types of juvenile delinquents they are:
1. Occasional Delinquent- it is the largest subgroup among delinquents who appeared
before juvenile court of having police contact as a onetime offender charged with minor
violations, such as vandalisms and petty crimes. They are the casual delinquents. They
usually came from unbroken homes in which there is little family tension, had average
school records and adjustments, and had short, recent court records.
2. Gang Delinquent- They are the habitual offenders. These are the delinquents who
generally commit the most serious infractions, most often sent to a correctional institution,
and most often continue in a pattern of semi- professional criminal behavior as an adult.
They are loyal gang members from poor residential areas; their families more often are
large and broken and contain other delinquent members; they do poorly at school; they
have the highest rate of recidivism109 among the three types.
3. Maladjusted Delinquent- they are the delinquents whose criminal activity stems from
personality disturbance rather than gang activity or slum residence. The most significant
characteristics of this type are high tension homes, small families, much school retardation,
and lone delinquencies. This delinquent also had very poor peer relations and suffered
general social isolation.

What is Status Offense?

A status offense is a noncriminal act that is considered a law violation only because of a
youth's status as a minor. For example, a juvenile might be arrested for violating a local curfew,
possessing consuming alcohol or tobacco, skipping school, or refusing to submit to the authority
of a parent or guardian. Penalties for these offenses generally are less severe than the penalties
for other crimes. While status offenses may seem minor at face value, research shows that they
correlate to the probability of a juvenile committing a more serious crime in the future.

Types of Status Offenses

According to the Office of Juvenile Justice and Delinquency Prevention (OJJDP), the five
primary types of status offenses are the following:
1. Truancy- It refers to habitual, unexcused absences from school, which exceeds the number
allowed under state law. Each school attendance rules specifies the age at which a child
must begin school, the age at which a youth can legally drop out of school, and the number
of unexcused absences that constitute truancy.
2. Runaways-It is a situation where a child leaves home without permission and stays away
overnight. Most common are situational runaways, those who run homes and return
within a few nights. Longer-term runaways include youths who run away to escape
serious family problems, such as abuse or neglect, and generally do not return home for
long periods of time, if at all. Similarly, systems youth live under the care of the state and
refuse or are unable to return home. Lastly, there are throwaways, or youths who have
been kicked out of the house.
3. Curfew Violations- Juvenile curfews are common. Curfew laws are established locally, by
cities or counties. Typically, they prohibit young people under a certain age (usually 18)
from being in a public place during certain hours (between 11 p.m. and 6 a.m., for example).
Exceptions can be made for youths traveling to school- or work-related events, religious
events, and emergency situations. In communities with age- based curfews, a violation
constitutes a status offense.
4. Underage Drinking- Underage drinking is a common activity among youths. As children
move from adolescence to young adulthood, they encounter dramatic physical, emotional,
and lifestyle changes. Developmental transitions, such as puberty and increasing
independence, have been associated with alcohol use. So in a sense, just being an
adolescent may be a key risk factor not only for starting to drink but also for drinking
dangerously.
5. Ungovernable/ Incorrigible Youth- When a youth's disobedience is so frequent and/or
severe that the family must seek legal assistance, the youth is subsequently classified as
incorrigible or ungovernable, a formal status offense in most states. Simply put, being
beyond the control of parental authority is referred to as unruly, unmanageable, and
incorrigible throughout various juvenile codes.
Risk Factors and Predictors of Delinquency
Risk factors for offending at a young age are more likely to be biological, individual, and
family factors. However, it is important to note that the casual status of known risk factors remains
to be clarified, and no single risk factor can explain child delinquency. Rather, the greater the
number of risk factors or the greater the number of risk factor domains, e greater the likelihood
of early-onset offending.
1. Early Risk Factors

During the preschool years, the most important risk factors stem from the individual and
family. Particular predictors, such seeking, result from numerous influences (from genetics to the
child's environment) over a period of years. Aggression appears as aggressiveness and a child's
level of impulsivity to be the best predictor of delinquency up to age 12.
The onset of many conduct problems usually predates the onset of serious delinquency by
several years postulated that juveniles who eventually engage in both property offenses and
violence show the following behaviors.
• Onset of conduct problems in the preschool years.
• Aggressive and covert problem behaviors, such as lying and shoplifting.
• Hyperactive/impulsive behavior at a young age.

Family characteristics are important predictors of early- onset offending. The number of
family risk factors to which a child is exposed and the child's length of exposure to these stressors
also are important (Williams et al., 1990). Some family characteristics that may contribute to
early-onset child delinquency include the following:
• Antisocial parents.
• Substance-abusing parents.
• Parental psychopathology
• Poor parenting practices, such as lack of monitoring and/or a lack of positive reinforcement
• The prevalence of physical abuse.
• A history of family violence.
• Large family size.

Many of the family risk factors interact with other social Nevertheless, a recent study found
that the strongest predictors systems, such as peers and the community environment. of early-
onset violence included large family size, poor parenting skills, and antisocial parents.

2. Peers

An accelerated path toward child delinquency and subsequent more serious offending may
be the result of a combination of the following factors:
• Antisocial tendencies of children with persistent early disruptive behaviors.
• Associations with peers who already show deviant behavior.
• Negative consequences of peer rejection.

As children get older, attend school, and become integrated into their community, the array
of risk factors for child delinquency expands. Deviant peers can lead some youth with no previous
history of delinquent behavior to initiate delinquent acts and may influence already delinquent
youth to increase their delinquency. Youth who associate with deviant peers are likely to be
arrested earlier than youth who do not associate with such peers.
Peer rejection as a risk factor for antisocial behavior. It may also influence child and
adolescent delinquency by inducing the rejected child to associate with deviant peer groups and
gangs. Gang membership provides a ready source of co-offenders for juvenile delinquency and
reflects the greatest degree of deviant peer influence on offending. Gang membership has a strong
relationship to violent delinquency, even when associations with delinquent peers, family poverty,
poor parental supervision, low commitment to school, negative life events, and prior
involvement in violence are controlled for.

3. School and Community

Children who developed strong bonds to school would conform to the norms and values that
schools promote, thereby reducing their probability of antisocial behavior. Poor academic
performance is related to child behavior problems and to the prevalence, onset, and seriousness
of delinquency." Weak bonds to school (low commitment), low educational aspirations, and poor
motivation place children at risk for offending.
School organizations play a role as risk factors. Schools with fewer teachers and higher
student enrollment had higher levels of teacher victimization, and poor rule enforcement within
schools was associated with higher levels of student victimization. These are the characteristics of
school organization that may be linked to antisocial behavior in children:
• Low levels of teacher satisfaction.
• Little cooperation among teachers.
 • Poor student-teacher relations.
• The prevalence of norms and values that support antisocial behavior.
• Poorly defined rules and expectations for conduct.
• Inadequate rule enforcement.

Several community factors, such as a high level of poverty in the neighborhood, are
important in the development of child antisocial behavior. Disorganized neighborhoods with weak
social controls allow delinquent activity to go unmonitored and even unnoticed. On the other hand,
some neighborhoods may n provide opportunities for antisocial behavior. For example, youth living
in high-crime neighborhoods may be at high risk for offending because they are exposed to more
norms favorable to crime.

Developmental Ordering of Risk Factors Associated With Disruptive and

Delinquent Behavior
1. Risk Factors Emerging During Pregnancy and from Infancy Onward
• Child
− Pregnancy and delivery complications
− Neurological insult
− Exposure to neurotoxins after birth
− Difficult temperament
− Hyperactivity/impulsivity/attention problems
− Low intelligence
− Male gender
• Family
− Maternal smoking/alcohol consumption/ drug use during pregnancy
− Teenage mother
− High turnover of caretakers
− Poorly educated parent
− Maternal depression
− Parental substance abuse/antisocial or criminal behavior
− Poor parent-child communication
− Poverty/low socioeconomic status
− Serious marital discord
− Large family size
2. Risk Factors Emerging From the Toddler Years Onward
• Child
− Aggressive/disruptive behavior
− Persistent lying
− Risk taking and sensation seeking
− Lack of guilt, lack of empathy
• Family
− Harsh and/or erratic discipline practices
− Maltreatment or neglect
• Community
− Television violence

3. Risk Factors Emerging From Mid childhood Onward

• Child
− Stealing and general delinquency
− Early onset of other disruptive behaviors
− Early onset of substance use and sexual activity
− Depressed mood
− Withdrawn behavior
− Positive attitude toward problem behavior
− Victimization and exposure to violence
• Family
− Poor parental supervision
• School
− Poor academic achievement
− Repeating grade(s)
− Truancy
− Negative attitude toward school
− Poorly organized and functioning schools
• Peer
− Peer rejection
− Association with deviant peers/siblings
• Community
− Residence in a disadvantaged neighborhood
 − Residence in a disorganized neighborhood
− Availability of weapons

4. Risk Factors Emerging From Mid adolescence Onward

• Child
− Weapon carrying
− Drug dealing
− Unemployment
• School
− School dropout
• Peer
− Gang membership
 CHAPTER 4

JUVENILE DELINQUENCY AND DOMESTIC

VIOLENCE

Learning Objectives:

At the end of this chapter, the students will be able to:

1. Define Domestic Violence;

2. Enumerate and explain some Early Social Legal History on Domestic Violence,

3. Identify and differentiate Typologies of Domestic Violence,

4. Determine the forms of Domestic Abuse,

5. Identify the Effects of Domestic Violence on Children

6. Determine and describe the Types of Violence Against Children; and

7. Explain the salient points of Republic Act 9262, and Republic Act 7610.
 What is Domestic Violence?
Domestic Violence, also known as domestic abuse or intimate partner violence; it
refers to a pattern of behavior in any relationship that is used to gain or maintain power and
control over an intimate partner. Abuse pertains to any physical, sexual, emotional, economic or
psychological actions or threats of actions that influence another person. This includes any
behaviors that frighten, intimidate, terrorize, manipulate, hurt, humiliate, blame, injure, or wound
someone (United Nations, n.d.).

EARLY-SOCIAL LEGAL HISTORY ON DOMESTIC VIOLENCE

The Code of Hammurabi
The Hammurabi code of laws is the oldest written law, it is a collection of 282 rules that the
ancient king Hammurabi used to govern Babylon during the years 1792 to 1750 B.C.E. It
established standards for commercial interactions and set fines and punishments to meet the
requirements of justice. Hammurabi's Code was carved onto a massive, finger-shaped black stone
stele (pillar) that was looted by invaders and finally rediscovered in 1901.
The focus of most of Hammurabi's laws was retribution, phrased in a series of it then
statements "If someone does this...then that may happen to him". The well-known expression "an
eye for an eye" comes directly from the retributive brutality of this law code-which meant that any
injury, such as the loss of an eye, was to be compensated by an equal penalty.
The Hammurabi code viewed women and children as property. They had no rights under
the law, and in fact, some of the laws in Hammurabi's Code explicitly mandated that men use
violence against their wives and children in certain situations. If a woman was caught committing
adultery, her husband was allowed to tie her up and drown her. A wife could also legally be drowned
if she left her husband without being able to prove his cruelty to her. And if a son struck his father,
his hands could be cut off. Children were even less protected. Not only could they be sold or bound
out, but they could be executed for disobedience.

Mosaic Code
The Mosaic Code is the ancient code of laws that, according to the Old Testament, were
given by God to Moses. It is consist of laws of a nomadic people and laws of an agricultural nation;
laws reflecting a simple ritual and laws portraying an elaborate ceremonial, laws denouncing what
other laws commend; laws recognizing a primitive political organization, and laws regulating the
elaborate social structure incident to a monarchy; and finally, laws reflecting a low moral standard,
with others of the loftiest ethical tone.
The Hebrew laws were even stricter in dealing with children and wives than that of
Hammurabi Code. The death penalty was available for more crimes. Sons could be executed for
striking their fathers, cursing, general disobedience, and rebellion. Women and children who were
bound out for labor to pay the man's debts could be held for up to six years.

Roman Law
According to Roman law, man was, is the "pater familias" or father of the family, the
unquestioned head of his household. The power given to Roman men over their wives and children
was supreme and absolute. They were allowed to sell their family members into slavery, abuse
them. or kill them. Wives could be beaten or disowned if they offended their husbands in any way.
Roman law stated that husbands could kill their wives not only for adultery, but even for walking
around outside with insufficiently modest clothing. Only the male head of the household could
decide whether a newborn baby would be raised and cared for as part of the family or abandoned
to die.

Early Christianity
The rise of Christianity is a critical point in history because its dominance in Western cultures
codified principles that remain widespread within legal codes today, though of course these
principles are shared by many faith traditions. As Christianity spread throughout Europe, so did
Biblical principles that bound wives even more closely to their husbands.
In the 15th century, the Catholic Church established its "Rules of Marriage," which
proclaimed a husband was a judge over his wife and recommended beating her as an accepted
form of discipline that would benefit her soul.
These beliefs about the spiritual benefits of wife beating became an established part of
culture and law throughout the Christian world at the time, and the subjugation of women, both
within and outside of faith traditions, has persisted for centuries. In dealing with domestic violence,
the Christian scriptures justifies women remaining in abusive relationships via subordination in
marriage, and the prohibition of divorce.

Puritanism
 The Puritans are early colonists who settled in North America in the 17th century, had fled
Europe in search of religious freedom, but they ended up basing much of the colonial legal system
upon England's. They are characterized by tight social order, rooted in Christian religious beliefs,
to keep them safe and secure. The Puritans believed that Eve's role in original sin exemplified
woman's inherent moral weakness. Women did not participate in town meetings and were excluded
from decision making in the church. Puritan ministers furthered Male Supremacy in their writing
and sermons. They preached that the soul had two parts, the immortal masculine, and the mortal
feminine half.
Part of the Puritan social order was an ironclad family structure. Based on the social mores
of medieval England, women and children were not acknowledged in Puritan legal systems. Under
the Puritan legal system, excessive violence as forbidden, but men were still allowed to physically
punish their wives and children as long as the violence did not become so extreme that the
neighbors were disturbed. Although subordinate to their husbands in the religious life of both home
and church, Puritan “goodwives” played an important role in the economies of their households,
and husbands entrusted them with a wide range of practical responsibilities.

Types of Domestic Violence

According to Michael P. Johnson there are four types of intimate power violence that are
defined by the extent to which the perpetrator and his or her partner use violence in order to
attempt to control the relationship. They are as follows:
1. Intimate Terrorism

It is a domestic violence where the perpetrator uses violence in the service of general
control over his or her partner and the partner does not.
2. Violent Resistance

It is a domestic violence where the perpetrator uses violence and is controlling, or an

intimate terrorist, and the partner resists the control of the perpetrator with violence.
3. Situational Couple Violence

It is a domestic where the perpetrator is violent and his or her partner as well,
however, neither of them uses violence to attempt to exert general control.
4. Mutual Violence Resistance

It is a domestic violence where both members of the couple use violence in attempts
to gain general control over their partner.
 Power and Control Wheel
The Power & Control Wheel was developed by the Domestic Abuse Intervention Project,
in Duluth, Minnesota. It is a helpful tool in understanding the overall pattern of abusive and violent
behaviors, which are used by an abuser to establish and maintain control over his/her partner or
any other victim in the household (United Nations, n.d.). The most apparent forms of domestic
abuse and violence and are usually the actions that allow others to become aware of the problem
are physical and sexual assaults." One or more violent incidents may be accompanied by an array
of these other types of abuse. They are less easily identified, yet firmly establish a pattern of
intimidation and control in the relationship (United Nations, n.d.).

Figure 1
Power and Control Wheel
 Forms of Abuse
When most people talk about domestic violence, the first thing that comes to mind is a
situation where the abusive partner physically hurts the victim. However, physical harm is only
one form of abuse and there are various types of domestic violence.16 The other forms of domestic
abuse are (United Nations, n.d.):
1. Emotional Abuse
This includes undermining a person's sense of self-worth through constant criticism;
belittling one's abilities; name-calling or other verbal abuse; damaging a partner's
relationship with the children; or not letting a partner see friends and family (United Nations,
n.d.). Emotional abuse can be a difficult type of domestic violence for many people to
understand, since, on the surface, it appears to be quite common in unhealthy relationships
(FindLaw, 2018). Signs of emotional abuse are:
• Your partner devalues or dismisses your beliefs;
• Your partner withholds praise or appreciation;
• Your partner is excessively jealous;
• You're accused of constant infidelity;
• Your partner harms themselves or threatens to harm themselves to get you to cooperate;
and
• Your partner makes you feel as though you deserved to be punished.

2. Psychological Abuse
This involves causing fear by intimidation; threatening physical harm to self, partner or
children; destruction of pets and property; "mind games"; or forcing isolation from friends,
family, school and/or work. A wide variety of behaviors fall under the umbrella of
psychological abuse. Some common examples include:
• Preventing the victim from talking to people unless they have "permission";
• Preventing the victim from leaving the house;
• Threatening the victim with violence; or
 • Emotional blackmail for doing something the abusive partner doesn't agree with.

3. Financial or Economic Abuse

This involves making or attempting to make a person financially dependent by
maintaining total control over financial resources, withholding access to money, and/or
forbidding attendance at school or employment. Among the types of domestic violence,
financial abuse is the least obvious. Financial abuse is extremely common, particularly when
families have pooled their money into joint accounts (with one partner controlling) and
where there's little or no family support system to help. Financial abuse is simply another
form of control, even though it is usually less obvious than physical or sexual abuse.
Signs of financial abuse are:

• All the finances are under your partner's name;

• Your name is used for legal documents without your permission;
• You have an allowance that's often unrealistic and not self-imposed; and
• You're not allowed to work or have income.

According to Arizona Coalition To End Sexual and Domestic Violence (ACESDV), Economic
abuse may also include, but is not limited to:
• Controlling the family income and either not allowing the victim access to money or rigidly
limiting their access to family funds;
• Keeping financial secrets or hidden accounts;
• Putting the victim on an allowance or allowing the victim no say in how money is spent, or
making them turn their paycheck over to the perpetrator;
• Causing the victim to lose a job or preventing them from taking a job;
Making the victim lose their job by making them late for work, refusing to provide
transportation to work, or by calling/harassing/calling them at work; and
• Spending money for necessities like food, rent, utilities; on nonessential items like drugs,
alcohol, hobbies.

4. Physical Abuse
This involves hurting or trying to hurt a partner by hitting, kicking, burning, grabbing,
pinching, shoving, slapping, hair-pulling, biting, denying medical care or forcing alcohol
 and/or drug use, or using other physical force. It is the most recognizable form of domestic
violence. The injury doesn't need to be a major one in order to consider it as domestic
abuse. For example, your abuser slaps you a few times, causing only minor injuries that
don't require a visit to the hospital. Although the injury is minimal, the slapping would
constitute domestic violence. Signs of physical abuse are:
• You experience physical assault;
• Unwanted rough play occurs;
• Partner aggression is directed at things you care about, like belongings, children, or
pets;
• You're punished with deliberate reckless driving;
• You're forced or pressured into taking substances Non consensually;
• Your partner withholds food, water, or prevents sleep;
• Your partner holds you down or keeps you imprisoned;
• Uses a weapon to threaten or hurt you;
• Forces you to leave your home;
• Traps you in your home or keeps you from leaving;
• Prevents you from calling police or seeking medical attention;
• Hurts your children; and
• Uses physical force in sexual situations.

5. Sexual Abuse
This involves Sexual Coercion forcing a partner to take part in a sex act when the
partner does not consent. It includes not only sexual assault and rape, but also harassment,
such as unwelcome touching and other demeaning behaviors. Another form of sexual abuse
is reproductive coercion. Reproductive coercion involves behaviors that a partner uses to
maintain power and control in a relationship that are related to reproductive health, such
as explicit attempts to impregnate a partner against her wishes, controlling outcomes of a
pregnancy, coercing a partner to have unprotected sex, and interfering with birth control
methods.
Examples of reproductive coercion includes:
• Hiding, withholding, or destroying a partner's birth control pills;
• Intentionally breaking condoms or removing a condom during sex;
• Not withdrawing during intercourse when that was the agreed upon method of
contraception;
 • Removing contraceptive patches, rings, or IUD's; Attempting to force/coerce a
partner to have an abortion against their will; and
• Controlling abortion-related decisions.

Examples of sexual coercion include:

• Refusing to wear a condom when a partner wants to use one;
• Pressuring someone to do sexual things when they don't want to;
• Threatening to end a relationship if a partner doesn't have sex;
• Demands sex when you are sick, tired or after beating you; and
• Hurts you with weapons or objects during sex.

6. Stalking
This involves any pattern of behavior that serves no legitimate purpose and is intended to
harass, annoy, or terrorize the victim. A person commits stalking if the person intentionally
or knowingly engages in a course of conduct that is directed toward another person and if
that conduct either:

1. Would cause a reasonable person to fear for the person's safety or the safety of that
person's immediate family member and that person in fact fears for their safety or
the safety of that person's immediate family member.
2. Would cause a reasonable person to fear physical injury to or death of that person or
that person's immediate family member and that person in fact fears physical injury
to or death of that person or that person's immediate family member.

In the Philippines, under the Republic Act 11313 or the Safe Spaces Act, defines
stalking as to conduct directed at a person involving the repeated visual or physical
proximity, non- consensual communication, or a combination thereof that cause or will likely
cause a person to fear for one's own safety or the safety of others, or to suffer emotional
distress.
Some of the common stalking behaviors are:
• Mailing cards or other cryptic messages;
• Breaking windows, breaking into or vandalizing partner's home;
• Taking partner's mail;
 • Leaving things, such as flowers on doorstep or at work;
• Watching partner from a distance;
• Hang-up calls on the telephone;
• Following partner with a car or on foot;
• Hiding in bushes or other surveillance of partner's home;
• Surveillance of partner at work;
• Vandalizing partner's property;
• Destroying property to scare or intimidate partner;
• Stealing things from partner;
• Breaking into partner's house or car;
• Filing numerous pleadings in court cases;
• Filing for custody of children regardless of their needs;
• Not respecting visitation limitations;
• Harassing telephone calls or notes; and
• Violation of restraining orders.

7. Isolation
Isolation is connected to controlling behaviors. Isolation often begins as an expression of
their love for the victim with statements like, "if you really loved me you would want to
spend time with me, not your family". As it progresses, the isolation expands, limiting or
excluding their contact totally alone and without the internal and external resources with
anyone but the batterer. Eventually, the victim is left to change their life. It is not an isolated
behavior, but the outcome of many kinds of abusive behaviors. For instance:

1. By keeping the victim from seeing who they want to see, doing what they want to
do, setting and meeting goals, and controlling how the victim thinks and feels.
2. The perpetrator is isolating the victim from the resources (personal and public) which
may help them leave the relationship.
3. By keeping the victim socially isolated the batterer is keeping the victim from contact
with the world which might not reinforce the perpetrator's perceptions and beliefs.

Signs of control and isolation are:

• Your phone calls, text messages, or emails are constantly monitored.
• Your partner demands you prove where you're at whenever you're apart.
 • You can't wear certain clothes, do your hair a certain way, or wear makeup, or else
your partner guilts or punishes you.
• You're not allowed to see family and friends.
• Your partner stops you from attending social events.

8. Patriarchal Domination
This involves any acts adhering to cultural beliefs that men must be dominant over
women. There are four widespread cultural conditions that allow and encourage men to
abuse women. These are:

• Objectification of women and the belief that women exist for the 'satisfaction of men's
personal, sexual, emotional and physical needs';
• An entitlement to male authority with a right and obligation to control, coerce, and/or
punish her independence;
• That the use of physical force is acceptable, appropriate, and effective; and
• Societal support for his dominance, controlling and assaultive behavior. By failing to
intervene aggressively against the abuse, the culture condones the violence.

Signs of patriarchal domination are:

• Your partner refuses to do certain "women- only" chores.
• You're expected to behave in a submissive way.
• You're not allowed to contribute to decisions.

Domestic Violence on Children

According to the World Health Organization (WHO), it is estimated that up to 1 billion
children aged 2-17 years, have experienced physical, sexual, or emotional violence or neglect in
the past year across the world. Violence against children includes all forms of violence against
people under 18 years old, whether perpetrated by parents or other caregivers, peers, romantic
partners, or strangers. Experiencing violence in childhood impacts lifelong health and well-being.
Children who witness violence between parents may also be at greater risk of being violent
in their future relationships. Witnessing can mean the following:
• SEEING actual incidents of physical/and or sexual abuse.
• HEARING threats or fighting noises from another room.
 • OBSERVING the aftermath of physical abuse such as blood, bruises, tears, torn clothing,
and broken items.
• Being AWARE of the tension in the home such as their mother's fearfulness when the
abuser's car pulls into the driveway.

Juvenile Delinquency and Potential Effects in Children Who Witness Violence

The potential negative effects in Children who witness violence vary across the age span.
Children who witness violence in the home and children who are abused may display many similar
psychological effects. These children are at greater risk for internalized behaviors such as anxiety
and depression, and for externalized behaviors such as fighting, bullying, lying, or cheating. They
also are more disobedient at home and at school, and are more likely to have social competence
problems, such as poor school performance and difficulty in relationships with others. Child
witnesses display inappropriate attitudes about violence as a means of resolving conflict and
indicate a greater willingness to use violence themselves. The potential negative effects in children
who witness violence at different stages of childhood are as follows:
Infants
− Needs for attachment disrupted;
− Poor sleeping habits;
− Eating problems; and
− Higher risk of physical injury.

Preschool children
− Lack feelings of safety
− Separation/stranger anxiety
− Regressive behaviors
− Insomnia/parasomnias

School-aged children
− Self-blame
− Somatic complaints
− Aggressive behaviors
− Regressive behaviors

Adolescents
− School truancy
− Delinquency
 − Substance abuse
− Early sexual activity

Six Types of Violence Against Children

Almost all of the violence against children includes at least one of the six main types of
interpersonal violence that tend to occur at different stages in a child's development. They are:
1. Maltreatment- This includes violent punishment, which involves physical, sexual and
psychological/ emotional violence; and neglect of infants, children and adolescents by
parents, caregivers and other authority figures, most often in the home but also in settings
such as schools and orphanages.
2. Bullying- This includes cyber-bullying. This refers to the unwanted aggressive behavior by
another child or group of children who are neither siblings nor in a romantic relationship
with the victim. It involves repeated physical, psychological or social harm, and often takes
place in schools and other settings where children gather, and online (WHO, 2020).
3. Youth Violence - It is concentrated among children and young adults aged 10-29 years,
occurs most often in community settings between acquaintances and strangers, includes
bullying and physical assault with or without weapons (such as guns and knives), and may
involve gang violence.
4. Intimate Partner Violence- This involves physical, sexual and emotional violence by an
intimate partner or ex-partner. Although males can also be victims, intimate partner
violence disproportionately affects females. It commonly occurs against girls within child
marriages and early/forced marriages. Among romantically involved but unmarried
adolescents it is sometimes called dating violence (WHO,
2020).
5. Sexual Violence- This includes non-consensual completed
or attempted sexual contact and acts of a sexual nature not involving contact such as
voyeurism or sexual harassment; acts of sexual trafficking committed against someone who
is unable to consent or refuse; and online exploitation (WHO, 2020).
6. Emotional or Psychological Violence- This includes restricting a child's movements,
denigration, ridicule, threats and intimidation, discrimination, rejection and other non-
physical forms of hostile treatment.

LEGISLATION AGAINST DOMESTIC VIOLENCE IN THE PHILIPPINES

Republic Act 9262
 The Republic Act No. 9262 also known as the Anti-Violence Against Women and Their
Children Act of 2004, is an act defining and penalizing violence against women and their
children; and providing protective measures for its victims.
The following are the acts that constitutes crime of violence against women and their
children (RA 9262, 2004, Section 5):
1. Causing physical harm to the woman or her child;
2. Threatening to cause the woman or her child physical harm;
3. Attempting to cause the woman or her child physical harm;
4. Placing the woman or her child in fear of imminent physical harm;
5. Attempting to compel or compelling the woman or her child to to desist from or desist from
conduct which the woman or her engage in conduct which the woman or her child has the
right child has the right to engage in, or attempting to restrict or restricting the woman's or
her child's freedom of movement or conduct by force or threat of force, physical or other
harm or threat of physical or other harm, or intimidation directed against the woman or
child. This includes but not limited to:
a. Threatening to deprive or actually depriving the woman or her child of custody to
her/his family;
b. Depriving or threatening to deprive the woman or her children of financial support
legally due her or her family, or deliberately providing the woman's children
insufficient financial support;
c. Depriving or threatening to deprive the woman or her child of a legal right;
d. Preventing the woman in engaging in any legitimate profession, occupation, business
or activity or controlling the victim's own mon4ey or properties, or solely controlling
the conjugal or common money, or properties;
6. Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her
actions or decisions;
7. Causing or attempting to cause the woman or her child to engage in any sexual activity
which does not constitute rape, by force or threat of force, physical harm, or through
intimidation directed against the woman or her child or her/ his immediate family;
8. Engaging in purposeful, knowing, or reckless conduct, personally or through another, that
alarms or causes substantial emotional or psychological distress to the woman or her child.
This shall include, but not be limited to, the following acts:
a. Stalking or following the woman or her child in public or private places;
b. Peering in the window or lingering outside the residence of the woman or her child;
 c. Entering or remaining in the dwelling or on the property of the woman or her child
against his/ her will;
d. Destroying the property and personal belongings or inflicting harm to animals or pets
of the woman or her child; and
e. Engaging in any form of harassment or violence;
9. Causing mental or emotional anguish, public ridicule or humiliation to the woman or her
child, including, but not limited to, repeated verbal and emotional abuse, and denial of
financial support or custody of minor children of access to the woman's child/children.

Republic Act 7610

The Republic Act 7610 also known as the Special Protection of Children Against
Abuse, Exploitation and Discrimination Act; it is an act penalizing, providing for stronger
deterrence and special protection against child abuse, exploitation and discrimination.
It defines Child Abuse as the maltreatment, whether habitual or not, of the child which
includes any of the following (RA 7610, 1992, Section 3.b):
• Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional
maltreatment;
• Any act by deeds or words which debases, degrades or demeans the intrinsic worth and
dignity of a child as a human being;
• Unreasonable deprivation of his basic needs for survival, such as food and shelter;
• Failure to immediately give medical treatment to an injured child resulting in serious
impairment of his growth and development or in his permanent incapacity or death.

Circumstances which gravely threaten or endanger the survival and normal development of
children includes (RA 7610, 1992, Section
3.c):
• Being in a community where there is armed conflict or being affected by armed conflict-
related activities;
• Working under conditions hazardous to life, safety and normal which unduly interfere with
their normal development;
• Living in or fending for themselves in the streets of urban or rural areas without the care of
parents or a guardian or basic services needed for a good quality of life;
• Being a member of a indigenous cultural community and/or living under conditions of
extreme poverty or in an area which is underdeveloped and/or lacks or has inadequate
access to basic services needed for a good quality of life;
• Being a victim of a man-made or natural disaster or calamity; or
• Circumstances analogous to those above stated which endanger the life, safety or normal
development of children.

It penalizes the following acts as child abuse, exploitation and discrimination:

1. Child Prostitution and Other Sexual Abuse
This includes (RA 4610, 1992, Section 5):
a. Engaging in or promoting, facilitating or inducing child prostitution which include, but
are not limited to, the following:
i. Acting as a procurer of a child prostitute;
ii. Inducing a person to be a client of a child prostitute by means of written or oral
advertisements or other similar means;
iii. Taking advantage of influence or relationship to procure a child as prostitute;
iv. Threatening or using violence towards a child to engage him as a prostitute; or
v. Giving monetary consideration goods or other pecuniary benefit to a child with
intent to engage such child in prostitution.
b. Committing the act of sexual intercourse of lascivious conduct with a child exploited
in prostitution or subject to other sexual abuse
c. Deriving profit or advantage therefrom, whether as manager or owner of the
establishment where the prostitution takes place.

2. Child Trafficking

Pertains to the trading and dealing with children including, but not limited to, the act
of buying and selling of a child for money, or for any other consideration, or barter (RA
4610, 1992, Section 7).
3. Obscene Publications and Indecent Shows

This includes the hiring, employing, using, persuading, inducing or coercing a child
to perform in obscene exhibitions and indecent shows, whether live or in video, or model in
obscene publications or pornographic materials or to sell or distribute the said materials
shall suffer the penalty of prison mayor in its medium period (RA 4610, 1992, Section 9).
4. Other Acts of Abuse

This includes the following acts (RA 4610, 1992, Section 10):
1. Committing any other acts of child abuse, cruelty or exploitation or to be responsible
for other conditions prejudicial to the child's development
2. Keeping or having in his company a minor, twelve (12) years or under or who in ten
(10) years or more his junior in any public or private place, hotel, motel, beer joint,
discotheque, cabaret, pension house, sauna or massage parlor, beach and/ or other
tourist resort or similar places.
3. Using, coercing, forcing or intimidating a street child or any other child to;

a. Beg or use begging as a means of living;

b. Act as conduit or middlemen in drug trafficking or pushing; or
c. Conduct any illegal activities.
 CHAPTER 5

MARRIAGE, ANNULMENT AND FILIATIONS

Learning Objectives:

At the end of this chapter, the students will be able to:

1. Explain the concept of Marriage;
2. Explain the difference between Marriage and an Ordinary Contract;
3. Enumerate the requisites of Marriage;
4. Identify the rights and obligations between Husband and Wife:
5. Differentiate Void and Voidable Marriage;
6. Determine the difference of Annulment and Legal Separation;
7. Enumerate the grounds for Annulment and Legal Separation;
8. Explain the concept of Paternity and Filiations; and
9. Differentiate the concept of Legitimate, Illegitimate and Legitimated
children.
What is Marriage?
Marriage is a legally and socially sanctioned union, usually between a man and a woman,
that is regulated by laws, rules, customs, beliefs, and attitudes that prescribe the rights and duties
of the partners and accords status to their offspring. It is the process by which two people make
their relationship public, official, and permanent. It is the joining of two people in a bond that
putatively lasts until death, but in practice is often cut short by separation or divorce.
In the Philippines, according to the Family Code, Marriage is a special contract of
permanent union between a man and a woman entered into in accordance with law for the
establishment of conjugal and family life. It is the foundation of the family and an inviolable social
institution whose nature, consequences, and incidents are governed by law (EO 209, 1987, Article
1).
According to the Civil Code of the Philippines, Marriage is not a mere contract but an
inviolable social institution. Its nature, consequences and incidents are governed by law and not
subject to stipulation, except that the marriage settlements may to a certain extent fix the property
relations during the marriage (RA.386, 1949, Article 52).

Difference between Marriage and Ordinary Contract

Ordinary contract are characterized by the following:
• A mere contract;
• Governed by law on contracts
• Generally subject to stipulations;
• Minors may contract through their parents or guardians or in some cases by themselves;
• It involves two or more parties regardless of gender;
• Parties can fix a period for its efficacy to be in effective after a few years;
• Breach of ordinary contracts gives rise to an action for damages; and
• It can be dissolved by mutual agreement and by other legal causes.

Marriage is characterized by the following:

• It is a special contract;
• It is a social institution;
• Governed by law on marriage;
• Not subject to stipulations except in property relations;
 • Legal capacity is required;
• Contracting parties must only be two persons-one is a female and the other is a male;
• It is a permanent union;
• Breach of obligations of husband and wife doesn't give rise to an action for damages.
The law provides penal and civil sanctions such as prosecution for adultery or
concubinage and proceedings for legal separation; and
• It can be dissolved only by death or annulment, not by mutual agreement.

Requisites of Marriage
In the Philippines the essential requisites for marriage are (EO 209,
1987, Article 2):
1. The legal capacity of the contracting parties who
must be a male and a female; and
2. Consent freely given in the presence of the solemnizing officer

The formal requisites of marriage are (EO 209, 1987, Article 2):
1. Authority of the solemnizing officer;
2. A valid marriage license; and
3. A marriage ceremony which takes place with the appearance of the contracting parties
before the solemnizing officer and their personal declaration that they take each other as
husband and wife in the presence of not less than two witnesses of legal age.

Solemnization of Marriage
The marriage shall be solemnized publicly in the chambers of the judge or in open court, in
the church, chapel or temple, or in the office the consul-general, consul or vice-consul or where
both of the parties request the solemnizing officer in writing in which case the marriage may be
solemnized at a house or place designated by them in a sworn statement to that effect (EO 209,
1987, Article 8).
It is important to note that, there is no prescribed form or religious rite for the solemnization
of the marriage. However, it is necessary for the contracting parties to appear personally before
the solemnizing officer and declare in the presence of not less than two witnesses of legal age that
they take each other as husband and wife. This declaration shall be contained in the marriage
certificate which shall be signed by the contracting parties and their witnesses and attested by the
solemnizing officer (EO 209, 1987, Article 6).
Marriage may be solemnized by the following according to the
Family Code (EO 209, 1987, Article 7):
• Any incumbent member of the judiciary within the
court's jurisdiction;
• Any priest, rabbi, imam, or minister of any church or religious sect duly authorized by his
church or religious sect and registered with the civil registrar general, acting within the
limits of the written authority granted by his church or religious sect and provided that at
least one of the contracting parties belongs to the solemnizing officer's church or religious
sect;
• Any ship captain or airplane chief only in the case mentioned in Article 3152 of the Family
Code;
• Any military commander of a unit to which a chaplain is assigned, in the absence of the
latter, during a military operation, likewise only in the cases mentioned in Article 32153 of
the Family Code;
• Any consul-general, consul or vice-consul in the case provided in Article 10,154

Aside from priests, rabbis, ministers, and military commanders, marriage can also be
solemnized by the following according to the Civil Code of the Philippines (RA 386, 1949, Article
56):
1. The Chief Justice and Associate Justices of the Supreme Court;
2. The Presiding Justice and the Justices of the Court of Appeals;
3. Judges of the Courts of First Instance;
4. Mayors of cities and municipalities;
5. Municipal judges and justices of the peace;

"In articulo mortis" Marriage

“In articulo mortis" means at the point or moment of death. "In articulo mortis”
Marriage is where one of the parties is at the point of death, after living as husband and wife
without being legally married yet.
Here the rules dealing with "in articulo mortis" marriages, based
on the Family code of the Philippines:
 • In case of a marriage in articulo mortis, when the party at the point of death is unable to
sign the marriage certificate, it shall be sufficient for one of the witnesses to the marriage
to write the name of said party, which fact shall be attested by the solemnizing officer (EO
209, 1987, Article 6).
• In case either or both of the contracting parties are at the point of death, the marriage may
be solemnized without necessity of a marriage license and shall remain valid even if the
ailing party subsequently survives (EO 209, 1987, Article 27).
• A marriage in articulo mortis between passengers or crew members may also be solemnized
by a ship captain. or by an airplane pilot not only while the ship is at sea or the plane is in
flight, but also during stopovers at ports of call (EO 209, 1987, Article 31).

Other Consequences of Marriage

Marriage emancipates a person from parental authority as to person. As to property, there
is an incomplete emancipation. A wife should use the husband's surname. A husband and a wife
can chastise Marriage emancipates a person from parental authority as to or reprimand each other,
but may not inflict force, except when either catches the other in the act of sexual intercourse
with a stranger.
The Marriage Privilege Rule. A husband cannot be examined for or against his wife
without her consent; or the wife against her husband without his consent, except in civil cases by
one against the other, or in a criminal case for a crime committed by one against the other (Rule
130, Section 24).
The Marital Communication Rule. The husband or wife during the marriage or afterwards,
cannot be examined without the consent of the other as to any communication received in
confidence by one from the other during the marriage.

Rights and Obligations between Husband and Wife

According to the Family code of the Philippines the rights and obligations between husband
and wife are the following (EO 209, 1987, Article 68-73):
1. The husband and wife are obliged to live together, observe mutual love, respect and fidelity,
and render mutual help and support.
2. The husband and wife shall fix the family domicile.
3. The spouses are jointly responsible for the support of the family.
4. The management of the household shall be the right and the duty of both spouses.
 5. When one of the spouses neglects his or her duties to the conjugal union or commits acts
which tend to bring danger, dishonor or injury to the other or to the family, the aggrieved
party may apply to the court for relief.
6. Either spouse may exercise any legitimate profession, Occupation, business or activity
without the consent of the other. The latter may object only on valid, serious, and moral
grounds.

Void and Voidable Marriage

A void marriage is one that is invalid from the very beginning. As void marriages are
considered unlawful in themselves, they do not need any formalities to be terminated. 158 While,
a voidable marriage is one that is flawed in its validity but continues to exist. Voidable marriages
will be invalid only after one party applies to court to have the marriage declared void.
According to the Philippine Family Code, the following are marriages that are considered
void from the beginning (EO 209, 1987, Article 35, 36, and 37):
1. Those contracted by any party below eighteen years of age even with the consent of parents
or guardians;
2. Those solemnized by any person not legally authorized to perform marriages unless such
marriages were contracted with either or both parties believing in good faith that the
solemnizing officer had the legal authority to do so;
3. Those solemnized without license, except those covered the preceding Chapter;
4. Those bigamous or polygamous marriages not failing under Article 41159;
5. Those contracted through mistake of one contracting party as to the identity of the other;
and
6. Those subsequent marriages that are void under Article 53 of the Family code.
7. A marriage contracted by any party who, at the time of the celebration, was psychologically
incapacitated to comply with the essential marital obligations of marriage, even if such
incapacity becomes manifest only after its solemnization.
8. Marriages between the following are incestuous whether relationship between the parties
be legitimate or illegitimate:
a. Between ascendants and descendants of any degree; and
b. Between brothers and sisters, whether of the full or half blood.

In addition to this, the following marriages are voided from the beginning for reasons of
public policy (EO 209, 1987, Article 38):
 1. Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil
degree;
2. Between step-parents and step-children;
3. Between parents-in-law and children-in-law;
4. Between the adopting parent and the adopted child;
5. Between the surviving spouse of the adopting parent and the adopted child;
6. Between the surviving spouse of the adopted child and
the adopter;
7. Between an adopted child and a legitimate child of the adopter;
8. Between adopted children of the same adopter; and
9. Between parties where one, with the intention to marry the other, killed that other person's
spouse, or his or her own spouse.

Furthermore, any marriage subsequently contracted by any person during the lifetime of
the first spouse of such person with any person other than such first spouse is deemed illegal and
void, except for the following (RA.386, 1949, Article 83):
1. The first marriage was annulled or dissolved; or
2. The first spouse had been absent for seven consecutive years at the time of the second
marriage without the spouse present having news of the absentee being alive, or if the is
generally considered as dead and believed to be so absentee, though he has been absent
for less than seven years, spouse present at the time of contracting such subsequent
marriage, or if the absentee is presumed dead.

The following are the immediate effects upon the termination of

void marriages (EO 209, 1987, Article 43):
1. The children of the subsequent marriage conceived prior to its termination shall be
considered legitimate;
2. The absolute community of property or the conjugal partnership, as the case may be, shall
be dissolved and liquidated, but if either spouse contracted said marriage in bad faith, his
or her share of the net profits of the community property or conjugal partnership property
shall be forfeited in favor of the common children or, if there are none, the children of the
guilty spouse by a previous marriage or in default of children, the innocent spouse;
3. Donations by reason of marriage shall remain valid, except that if the done contracted the
marriage in bad faith, such donations made to said done are revoked by operation of law;
 4. The innocent spouse may revoke the designation of the other spouse who acted in bad faith
as beneficiary in any insurance policy, even if such designation be stipulated as irrevocable;
and
5. The spouse who contracted the subsequent marriage in bad faith shall be disqualified to
inherit from the innocent spouse by testate and intestate succession.

Annulment and Legal Separation

Legal separation ends the marital obligations and the property relations between the
spouses, but the marriage bond is not dissolved. This means that legally separated spouses still
cannot marry someone else. It is not a divorce. A divorce legally ends the marriage, but
acknowledges that the marriage existed for a period of time.
Annulment or declaration of nullity of marriage, however, dissolve the marriage bond
completely. The effect of annulment or declaration of nullity is that the marriage no longer exists.
This allows the former spouses to marry someone else.

Grounds for Annulment

According to the Family Code of the Philippines, the following are the cause for an existing
marriage to be annulled (EO 209, 1987, Article 45):
1. That the party in whose behalf it is sought to have the marriage annulled was eighteen
years of age or over but below twenty- one, and the marriage was solemnized without the
consent of the parents, guardian or person having substitute parental authority over the
party, in that order, unless after attaining the age of twenty-one, such party freely cohabited
with the other and both lived together as husband and wife;
a. The action for annulment of marriage must be filed by the party whose parent or
guardian did not give his or her consent, within five years after attaining the age of
twenty-one, or by the parent or guardian or person having legal charge of the minor,
at any time before such party has reached the age of twenty-one (EO 209, 1987,
Article 47.1);
2. That either party was of unsound mind, unless such party after coming to reason, freely
cohabited with the other as husband and wife;
a. The action for annulment of marriage must be filed by the same spouse, who had no
knowledge of the other's insanity; or by any relative or guardian or person having
legal charge of the insane, at any time before the death of either party, or by the
 insane spouse during a lucid interval or after regaining sanity (EO 209, 1987, Article
47.2);
3. That the consent of either party was obtained by fraud, unless such party afterwards, with
full knowledge of the facts constituting the fraud, freely cohabited with the other as husband
and wife;
a. The action for annulment of marriage must be filed by the injured party, within five
years after the discovery of the fraud (EO 209, 1987, Article 47.3);
b. Any of the following circumstances constitute fraud (EO 209, 1987, Article 46);
− Non-disclosure of a previous conviction by final judgment of the other party of a
crime involving moral turpitude;
− Concealment by the wife of the fact that at the time of the marriage, she was
pregnant by a man other than her husband;
− Concealment of sexually transmissible disease, regardless of its nature, existing
at the time of the marriage; or
− Concealment of drug addiction, habitual alcoholism or homosexuality or
lesbianism existing at the time of the marriage.
4. That the consent of either party was obtained by force, intimidation or undue influence,
unless the same having disappeared or ceased, such party thereafter freely cohabited with
the other as husband and wife;
a. The action for annulment of marriage must be filed by the injured party, within five
years from the time the force, intimidation or undue influence disappeared or ceased
(EO 209, 1987, Article 47.4);
5. That either party was physically incapable of consummating the marriage with the other,
and such incapacity continues and appears to be incurable; or
a. The action for annulment of marriage must be filed by the injured party, within five
years after the marriage (EO 209, 1987, Article 47.5);
6. That either party was afflicted with a sexually-transmissible disease found to be serious and
appears to be incurable.
a. The action for annulment of marriage must be filed by the injured party, within five
years after the marriage (EO 209, 1987, Article 47.5);

Grounds for Legal Separation

According to the Family Code of the Philippines, a petition for legal separation may be filed
on any of the following grounds (EO 209, 1987, Article 55):
 1. Repeated physical violence or grossly abusive conduct directed against the petitioner, a
common child, or a child of the petitioner;
2. Physical violence or moral pressure to compel the petitioner to change religious or political
affiliation;
3. Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the
petitioner, to engage in prostitution, or connivance in such corruption or inducement;
4. Final judgment sentencing the respondent to imprisonment
of more than six years, even if pardoned;
5. Drug addiction or habitual alcoholism of the respondent;
6. Lesbianism or homosexuality of the respondent;
7. Contracting by the respondent of a subsequent bigamous marriage, whether in the
Philippines or abroad;
8. Sexual infidelity or perversion;
9. Attempt by the respondent against the life of the petitioner; or
10. Abandonment of petitioner by respondent without justifiable cause for more than one
year.

In addition to this The Civil Code of the Philippines states that a petition for legal separation
may be filed due to (RA 386, 1949, Article 971:
1. Adultery on the part of the wife and for concubinage on the part of the husband as defined
in the Penal Code; or
2. An attempt by one spouse against the life of the other.

Consequently, the petition for legal separation can be denied on any of the following grounds
(EO 209, 1987, Article 56):
1. Where the aggrieved party has condoned the offense or act complained of;
2. Where the aggrieved party has consented to the commission of the offense or act
complained of;
3. Where there is connivance between the parties in the commission of the offense or act
constituting the ground for legal separation;
4. Where both parties have given ground for legal separation;
5. Where there is collusion between the parties to obtain decree of legal separation; or
6. Where the action is barred by prescription.
 Finally, the decree of legal separation have the following effects:
1. The spouses shall be entitled to live separately from each other, but the marriage bonds
shall not be severed;
2. The absolute community or the conjugal partnership shall be dissolved and liquidated but
the offending spouse shall have no right to any share of the net profits earned by the
absolute community or the conjugal partnership which shall be forfeited in accordance with
the provisions of Article 43(2)162 of the Family Code;
3. The custody of the minor children shall be awarded to the innocent spouse, subject to the
provisions of Article 21313 of the Family code; and
4. The offending spouse shall be disqualified from inheriting from the innocent spouse by
intestate succession. Moreover, provisions in favor of the offending spouse made in the will
of the innocent spouse shall be revoked by operation of law.

Family as an Institution
Family is a basic social institution which public policy cherishes and protects. It is the
foundation of the nation (EO 209, 1987, Article 149). Family relations include those (EO 209, 1987,
Article 150):
• Between husband and wife;
• Between parents and children;
• Among brothers and sisters, whether of the full or half-blood.

The State recognizes the sanctity of family life and shall protect and strengthen family as a
basic autonomous social institution. It shall equally protect the life of the unborn from conception.
The State also recognizes the vital role of the youth in nation-building and shall promote and
protect their physical, moral, spiritual, intellectual and social well-being. Consequently, family
relations are governed by law and no custom, practice or agreement destructive of the family shall
be recognized or given effect.
Family Home is the dwelling house where a person and his family reside, and the land on
which it is situated (RA 386, 1949, Article 223). It is deemed constituted on a house and lot from
the time it is occupied as a family residence. From the time of its constitution and so long as any
of its beneficiaries actually resides therein, the family home continues to be such and is exempt
from execution, forced sale or attachment (EO 209, 1987, Article 153).

Paternity and Filiations

 Paternity is the "civil status of a father in relation to the child". While filiation is defined
as the "relationship or tie which exists between parents and their children." The filiation of children
may be by nature or by adoption. Natural filiation may be legitimate or illegitimate (EO 209, 1987,
Article 163).

Legitimate Children
According to the Family Code, children conceived or born during the marriage of the parents
are legitimate children, this includes children conceived as a result of artificial insemination (EO
209, 1987, Article 164).
The legitimacy of a child may be impugned 65 only on the following grounds (EO 209, 1987,
Article 166):
1. That it was physically impossible for the husband to have sexual intercourse with his wife
within the first 120 days of the 300 days which immediately preceded the birth of the child
because of:
a. the physical incapacity of the husband to have sexual intercourse with his wife;
b. the fact that the husband and wife were living separately in such a way that sexual
intercourse was not possible; or
c. serious illness of the husband, which absolutely prevented sexual intercourse;
2. That it is proved that for biological or other scientific reasons, the child could not have been
that of the husband.
3. That in the case of children conceived through artificial insemination, the written
authorization or ratification of either parent was obtained through mistake, fraud, violence,
intimidation, or undue influence.

The filiation of legitimate children is established by any of the following (EO 209, 1987,
Article 172):
1. The record of birth appearing in the civil register or a final judgment; or
2. An admission of legitimate filiation in a public document or a private handwritten instrument
and signed by the parent concerned.

In the absence of the foregoing evidence, the legitimate filiation

shall be proved by:
1. The open and continuous possession of the status of a legitimate child; or
2. Any other means allowed by the Rules of Court and special laws.
 The rights of a legitimate child are (EO 209, 1987, Article 174);
1. To bear the surnames of the father and the mother, in conformity with the provisions of the
Civil Code on Surnames;
2. To receive support from their parents, their ascendants, and in proper cases, their brothers
and sisters, in conformity with the provisions of Family Code on Support; and
3. To be entitled to the legitimate and other successional rights granted to them by the Civil
Code.

Illegitimate Children
Illegitimate children are those conceived and born outside a valid marriage or inside a
void marriage (EO 209, 1987, Article 165). They may establish their illegitimate filiation in the
same way and on the same evidence as legitimate children (EO 209, 1987, Article 175).
Illegitimate children shall use the surname and shall be under the parental authority of their
mother, and shall be entitled to support in conformity with the Family Code on Support (EO 209,
1987, Article 176).

Legitimated Children
Legitimated children are those born illegitimate to parents who had no legal impediments
to marry each other and subsequently contract marriage (EO 209, 1987, Article 177). Legitimated
children enjoy the same rights as legitimate children (EO 209, 1987, Article 179).
Legitimation shall take place by a subsequent valid marriage between parents. The
annulment of a voidable marriage shall not affect the legitimation. The effects of legitimation shall
retroact to the time of the child's birth (EO 209, 1987, Article 178, and 180).
 CHAPTER 6

ADOPTION, FAMILY AND DELINQUENCY

Learning Objectives:

At the end of this chapter, the students will be able to:

1. Explain the concept Adoption;

2. Enumerate the qualifications of the Adopter and the Adoptee;

3. Identify the important rules on the Procedure of Adoption;

4. Differentiate the concepts of Parenthood and Parenting;

5. Describe the different Kinds of Family Structure

6. Define Parental Authority;

7. Determine the Four Parenting Styles;

8. Explain the relationship of Family and Juvenile delinquency; and

9. Identify the different factors in the family that are detrimental to the growth of a

child.
 What is Adoption?
Adoption is the social, emotional, and legal process in which children who will not be raised
by their birth parents become full and permanent legal members of another family while
maintaining genetic and psychological connections to their birth family. Adoption gives the
adoptive child the same rights, status and privileges as those of a birth child.
The Republic Act No. 8552, or otherwise known as the Domestic Adoption Act of 1998,
is the law establishing the rules and policies on the domestic adoption of Filipino children.168
Generally, both husband and wife shall jointly adopt, except for the following reasons (RA 8552,
1998, Section 7):
1. If one spouse seeks to adopt the legitimate son/daughter of the other; or
2. If one spouse seeks to adopt his/her own illegitimate son/ daughter: Provided, However,
that the other spouse has signified his/her consent thereto; or
3. If the spouses are legally separated from each other.

In case husband and wife jointly adopt, or one spouse adopts the illegitimate son/daughter
of the other, joint parental authority shall be exercised by the spouses.

Qualifications of an Adopter
According to the Domestic Adoption Act of 1998, the following may adopt (RA 8552, 1998,
Section 7a):
• The adopter must be a Filipino citizen;
• He must be of legal age;
• In possession of full civil capacity and legal rights;
• Of good moral character;
• Has not been convicted of any crime involving moral turpitude;
• Emotionally and psychologically capable of caring for children;
• At least sixteen (16) years older than the adoptee, and
• Who is in a position to support and care for his/her children in keeping with the means of
the family.

Any alien possessing the same qualifications as above stated for Filipino nationals, plus the
following additional requirements (RA 8552, 1998, Section 7b):
• His/her country has diplomatic relations with the Republic of the Philippines;
 • He/she has been living in the Philippines for at least three (3) continuous years prior to the
filing of the application for adoption and maintains such residence until the adoption decree
is entered
• He/she has been certified by his/her diplomatic or consular office or any appropriate
government agency that he/she has the legal capacity to adopt in his/her country, and
• His/her government allows the adoptee to enter his/her country as his/her adopted
son/daughter.

In addition, the requirements on residency and certification of the alien's qualification to

adopt in his/her country may be waived for the following (RA 8552, 1998, Section 7b):
• A former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of
consanguinity or affinity; or
• One who seeks to adopt the legitimate son/daughter of his/her Filipino spouse; or
• One who is married to a Filipino citizen and seeks to adopt jointly with his/her spouse a
relative within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse; or
• The guardian with respect to the ward after the termination of the guardianship and
clearance of his/her financial accountabilities.

Qualifications of Adoptee
The Domestic Adoption Act of 1998 stated that the following may be
adopted (RA 8552, 1998, Section 8):
• Any person below eighteen (18) years of age who has been administratively or judicially
declared available for adoption;
• The legitimate son/daughter of one spouse by the other spouse;
• An illegitimate son/daughter by a qualified adopter to improve his/her status to that of
legitimacy;
• A person of legal age if, prior to the adoption, said person has been consistently considered
and treated by the adopter(s) as his/her own child since minority;
• A child whose adoption has been previously rescinded; or A child whose biological or
adoptive parent(s) has died: Provided, That no proceedings shall be initiated within six (6)
months from the time of death of said parent/s.

Pre-adoption Services Requirement for Adoption

 Under Section 4 of RA 8552, there is a Pre-adoption Counseling Services. The
Department of Social Welfare and Development (DSWD) shall provide the services of
licensed social workers to the following:
1. Biological Parent/s - Counseling shall be provided to the parent(s) before and after the
birth of his/her child. No binding commitment to an adoption plan shall be permitted before
the birth of his/her child. A period of six (6) months shall be allowed for the biological
parent(s) to reconsider any decision to relinquish his/her child for adoption before the
decision becomes irrevocable. Counseling and rehabilitation services shall also be offered
to the biological parent/s after he/she has relinquished his/her child for adoption.

2. Prospective Adoptive Parent/s - Counseling sessions, adoption fora and seminars,

among others, shall be provided to prospective adoptive parent/s to resolve possible
adoption issues and to prepare him/her for effective parenting.
3. Prospective Adoptee - Counseling sessions shall be provided to ensure that he/she
understands the nature and effects of adoption and is able to express his/her views on
adoption in accordance with his/her age and level of maturity.

Consent Necessary to the Adoption

After being properly counseled and informed of his/her right to give or withhold his/her
approval of the adoption, the written consent of the following to the adoption is required (RA 8552,
1998, Section 8):
• The adoptee, if ten (10) years of age or over;
• The biological parent(s) of the child, if known, or the legal guardian, or the proper
government instrumentality which has legal custody of the child;
• The legitimate and adopted sons/daughters, ten (10) years of age or over, of the adopter(s)
and adoptee, if any;
• The illegitimate sons/daughters, ten (10) years of age or over, of the adopter if living with
said adopter and the latter's spouse, if any; and
• The spouse, if any, of the person adopting or to be adopted.

Procedure on Adoption
All hearings in adoption cases shall be confidential and shall not to the public. All records,
books, and papers relating to the adoption cases in the files of the court, the Department, or any
other agency or institution participating in the adoption proceedings shall be kept strictly
confidential (RA 8552, 1998, Section 15).

1. No to Hurried Decision
In all proceedings for adoption, the court shall require proof that the biological
parent/s has been properly counseled to prevent him/her from making hurried decisions
caused by strain or anxiety to give up the child, and to sustain that all measures to
strengthen the family have been exhausted and that any prolonged stay of the child in
his/her own home will be inimical to his/her welfare and interest.

2. Case Study before the Adoption Proceedings

No petition for adoption shall be set for hearing unless a licensed social worker of
the DSWD, the social service office of the local government unit, or any child-placing or
child-caring agency has made a case study of the adoptee, his/her biological parent/s,
as well as the adopter/s, and has submitted the report and recommendations on the
matter to the court hearing such petition.

3. Supervised Trial Custody

No petition for adoption shall be finally granted until the adopter/s has been given
by the court a supervised trial custody period for at least six (6) months within which
the parties are expected to adjust psychologically and emotionally to each other and
establish a bonding relationship. During said period, temporary parental authority shall
be vested in the adopter/s.

4. Decree of Adoption
After the publication of the order of hearing has been complied with, and no
opposition has been interposed to the petition and after the consideration of the case
studies, the qualifications of the adopter/s, trial custody report and the evidence
submitted, the court is convinced that the petitioners are qualified to adopt, and that
the adoption would redound to the best interest of the adoptee, a decree of adoption
shall be entered which shall be effective as of the date the original petition was filed.

5. Changes in the Civil Registry Records of the Child

 As an effect of the adoption, an amended certificate of birth shall be issued by
Civil Registry, as required by the Rules of Court, attesting to the fact that the adoptee is
the child of the adopter/s by being registered with his/her surname.
Legal Effects of an Adoption Decree
The following are the effects of adoption:

1. Parental Authority – All legal ties between the biological parent/s and the adoptee
shall be severed and the same shall then be vested on the adopter/s
2. Legitimacy – The adoptee is considered the legitimate son/daughter oof the
adopter/s, as such is entitled to all the rights and obligations provided by law to
legitimate sons/daughters born to them discrimination of any kind.
3. Succession – In legal and intestate succession, the adopter/s and the adoptee shall
have reciprocal rights of succession without distinction from legitimate filiation.

Parenthood and Parenting

Parents are one of the most important components of the family. Parenting is the term
that means to educate one's children by taking great care of them. It is the process of raising
children and providing them with protection and care in order to ensure their healthy development
into adulthood. It includes special techniques, skills, and methods that are used by children to
raise up children.
Parenthood is the state of being a parent, specifically the position, function, or standing
of a parent. It is the stage where a person is ready to carry out proper and well-organized
parenting. It associates a person with the role of bringing up his/ her child. Responsible
Parenthood is the will and ability of parents to respond to the needs and aspirations of the family
and children. It is a shared responsibility of the husband and the wife to determine and achieve
the desired number, spacing, and timing of their children according to their own family life
aspirations, taking into account psychological preparedness, health status, socio- cultural, and
economic concerns.
Family Structure
Family is a basic social institution, and a foundation of the nation (EO. 209, 1987, Article
149). The members of a household who are linked by marriage or bloodline is called Family
Structure. It reflects relationships at the juncture of biological relatedness, marital and
partnership status, and living arrangements.
 Kinds of Family Structure
Children grow up in many different structures of families, and,
young children, the family in which they live is the "normal" family. It at different times in their
lives, their family structure may change. For is when children enter group programs outside of
their homes that they discover that there are many kinds of families and that the important adults
in those programs may or may not think of the child's family as "normal" or acceptable. The types
of family structure are a combination of two or more of the following:
1. Adoptive Family- A family where one or more of the children has been adopted.
2. Bi-racial or Multi-racial Family- A family where the parents are members of different
racial identity groups.
3. Blended Family- also known as the binuclear family. A family that consists of members
from two (or more) previous families.
4. Co-custody Family- An arrangement where divorced parents both have legal responsibility
for their children. Children may alternatively live with both parents or live with one and have
regular visitation with the other.
5. Cohabiting Families- A Family in which the child's parent is living with at least one
opposite-sex, nonrelated adult. This additional adult may or may not be the biological parent
of the child.
6. Conditionally Separated Families- A family member is separated from the rest of the
family. This may be due to employment far away; military service; incarceration;
hospitalization. They remain significant members of the family.
7. Extended Family- A family where Grandparents or Aunts and Uncles play major roles in
the children's upbringing. This may or may not include those relatives living with the
children. These family members may be in addition to the child's parents or instead of the
child's parents.
8. Foster Family- A family where one or more of the children is legally a temporary member
of the household. This "temporary" period may be as short as a few days or as long as the
child's entire childhood. Kinship care families are foster families where there is a legal
arrangement for the child to be cared for by relatives of one of the parents.
9. Gay or Lesbian Family- A family where one or both of the parents' sexual orientation is
gay or lesbian.
10. Nuclear Family- a family in which a child lives with two married biological parents
and with only full siblings, if siblings are present.
11. Single Parent Family- This can be either a father or a mother who is singly
responsible for the raising of a child. The child can be by birth or adoption. They may be a
 single parent by choice or by life circumstances. The other parent may have been part of
the family at one time or not at all.

Parental Authority
Parental authority refers to parents' rights and responsibilities toward their children from
the minute they are born until they turn 18. Under their parental authority, parents make decisions
that affect their children's well-being. 176 According to the Family Code (1987), The father and
the mother shall jointly exercise parental authority over the persons of their common children. In
case of disagreement, the father's decision shall prevail, unless there is a judicial order to the
contrary. Children shall always observe respect and reverence towards their parents and are
obliged to obey them as long as the children are under parental authority (EO 209, 1987, Article
211).
The following person shall exercise substitute parental authority over the child in the order
indicated (EO 209, 1987, Article 216):
1. The surviving grandparent;
2. The oldest brother or sister, over twenty-one years of age, unless unfit or disqualified; and
3. The child's actual custodian, over twenty-one years of age, unless unfit or disqualified.

In addition, the school, its administrators and teachers, or the individual, or institution engaged
in a child have special parental authority and responsibility over the minor child while under their
supervision,
Instruction or custody (EO 209, 1987, Article 218).

The parents and those exercising parental authority shall have the following rights and
duties:
1. To keep them in their company, to support, educate and instruct them by right precept and
good example, and to provide for their upbringing in keeping with their means;
2. To give them love and affection, advice and counsel, companionship and understanding;
3. To provide them with moral and spiritual guidance, inculcate in them honesty, integrity,
self-discipline, self-reliance, industry and thrift, stimulate their interest in civic affairs, and
inspire in them compliance with the duties of citizenship; and
4. To furnish them with good and wholesome educational materials, supervise their activities,
recreation association with others, protect them from bad company, and prevent them from
acquiring habits detrimental to their health, studies and morals;
 5. To represent them in all matters affecting their interests;
6. To demand from them respect and obedience;
7. To impose discipline on them as may be required under the circumstances; and
8. To perform such other duties as are imposed by law upon parents and guardians.

Parenting Styles
Parenting style is defined as a constellation of parents' attitudes and behaviors toward
children and an emotional climate in which the parents' behaviors are expressed.77 The parenting
style used to rear a child, plays a key role in the child's future success in romantic, peer and
parenting relationships.

Diana Baumrind, a clinical and developmental psychologist, coined the following parenting
styles: authoritative, authoritarian, and permissive/indulgent, Later, Eleanor Maccoby
and John Martin added the uninvolved/neglectful style. Each parenting style has different
effects on children's behavior and can be identified by certain characteristics, as well as degrees
of responsiveness, which refers to the extent to which parents are warm and sensitive to their
children's needs; and demandingness, which refers to the extent of control parents put on their
children in an attempt to influence their behavior.

1. Authoritative Style

It is characterized by high levels of both responsiveness and demandingness. In

general, children tend to develop greater competence and self-confidence when parents
have high-but reasonable and consistent-expectations for children's behavior, communicate
well with them, are warm and responsive, and use reasoning rather than coercion to guide
children's behaviors. This "tender teacher" approach is deemed the most optimal
parenting style to use. Children whose parents use the authoritative style are generally
happy, capable, and successful.

The Authoritative Parent are:

• High responsiveness, high demandingness;
• Sets clear rules and expectations for their kids while practicing flexibility and
understanding;
• Communicates frequently; they listen to and take into consideration their children's
thoughts, feelings and opinions; and
 • Allows natural consequences to occur (e.g., kids fail quizzes when they don't study),
but use those opportunities to help their kids reflect and learn.

2. Authoritarian Style

It is characterized by low responsiveness and high demandingness. Parents using the

authoritarian or rigid ruler approach are low in support and high in demandingness. These
parents expect and demand obedience because they are "in charge" and they do not provide
any explanations for their orders. Parents also provide well-ordered and structured
environments with clearly stated rules. Children reared in environments using the
authoritarian approach are more likely to be obedient and proficient, but score lower in
happiness, social competence, and self-esteem.
The Authoritarian Parent are:
• High demandingness, low responsiveness;
• Enforces strict rules with little consideration of their kid's feelings or social-emotional
and behavioral needs;
• Often says "because I said so" when their kid questions the reasons behind a rule or
consequence; and
• Communication is mostly one-way-from parent to child.

3. Permissive/Indulgent Style

It is characterized by high responsiveness and low demandingness. Parents using this

approach are lenient, do not expect their children to adhere to boundaries or rules, and
avoid confrontation. Their children tend to rank low in happiness and self-regulation, and
are more likely to have problems with authority.
The Permissive Parent are:
• High responsiveness, low demandingness;
• Communicates openly and usually lets their kids decide for themselves, rather
than giving direction;
• Rules and expectations are either not set or rarely enforced; and
• Typically goes through great lengths to keep their kids happy, sometimes at
their own expense.
 4. Uninvolved/Neglectful Style

It is characterized by low on both responsiveness and demandingness. Children

reared by parents who are low in both support and demandingness tend to rank lowest
across all life domains, lack self-control, have low self-esteem, and are less competent than
their peers. Parents using the uninvolved (or sometimes referred to as indifferent or
neglectful) approach are neglectful or rejecting of their children and do not provide most, if
any, necessary parenting responsibilities.
The Neglectful Parent are:
• Low responsiveness, low demandingness;
• Lets their kids mostly fend for themselves, perhaps because they are
indifferent to their needs or are uninvolved/overwhelmed with other things;
• Offers little nurturance, guidance and attention; and
• Often struggles with their own self-esteem issues and has a hard time forming
close relationships.

Family and Delinquency

Humans rely heavily on learning for child development. Since they are not born knowing
how to behave in society, they have to learn many of the behaviors from the environment around
them growing up. This learning starts with the family at home. The family will be responsible for
shaping a child and influencing their values, skills, socialization, and security during these
childhood development stages.
Family life affects delinquency in a variety of ways. Children reared by affectionate,
consistent parents are unlikely to commit serious crimes either as juveniles or as adults. Children
reared by parents who neglect or reject them are likely to be greatly influenced by their community
environments. When communities offer opportunities for and examples of criminal behavior,
children reared by neglecting or rejecting parents are more likely to become delinquents. And in
turn delinquents are likely to become inadequate parents.

Destructive Factors Towards the Growth of a Child

Here are some destructive factors in family life that affect the
development and growth of the child, and lead toward delinquency.
1. Instability
 Instability is the experience of change in individual or family circumstances where
the change is abrupt, involuntary, and/or in a negative direction, and thus is more likely to
have adverse implications for child development. Children thrive in stable and nurturing
environments where they have a routine and generally know what to is normal and
anticipated, sudden and dramatic disruptions can be expect from their daily lives. Although
some change in children's lives extremely stressful and affect children's feeling of security.
Within the context of supportive relationships with adults who act as a buffer against
any negative effects of instability, children learn how to cope with adversity, adapt to their
surroundings, and regulate their emotions. Unbuffered stress, however, that escalates to
extreme levels can be detrimental to children's mental health and cognitive functioning.

Types of Instability on Child Development

a. Economic Instability
The experience of economic instability causes increased material hardship,
particularly when families lack personal assets. Low family income negatively affects
children's social- emotional, cognitive, and academic outcomes, even after controlling
for parental characteristics. Children's cognitive development during early childhood is
most sensitive to the experience of low family income.

b. Employment Instability

Parental employment instability is linked to negative academic outcomes, such as

grade retention, lower educational attainment, and internalizing and externalizing
behaviors. The effect on grade retention is strongest for children with parents with a high
school education or less. In dual-income households, a father's job loss may be more
strongly related to children's academic outcomes than a mother's job loss. Job instability
leads to worse child behavioral outcomes than when a parent voluntarily changes jobs,
works low-wage jobs full-time, or has fluctuating work hours.

c. Family Instability

Family instability is linked to problem behaviors and some academic outcomes, even
at early ages. Children's problem behaviors further increase with multiple changes in family
structure. Family transitions that occur early in children's development, prior to age 6, and
in adolescence appear to have the strongest effects. While young children need constant
caregivers with whom they can form secure attachments, adolescents need parental
 support, role models, and continuity of residence and schools to succeed. Children
demonstrate more negative behaviors when they lack the emotional and material support
at home that they need to smoothly handle a family transition.

d. Residential Instability

Children experiencing residential instability demonstrate worse academic and social

outcomes than their residentially- stable peers, such as lower vocabulary skills, problem
behaviors, grade retention, increased high school drop-out rates, and lower adult
educational attainment. Academically, elementary school children appear to be the most
sensitive to residential change as compared with younger, non-school-age children and older
children, but residential instability is related to poor social development across age groups.
Home and neighborhood quality may mediate the effect of residential instability on children
as housing moves lead to changes in children's environments.

e. School and Child Care Instability

Changes in schools and child care arrangements are common, particularly as families
move or change jobs, but school mobility and child care instability are most prevalent among
low-income families. For infants, changes in child care arrangements can lead to poor
attachment with providers and problem behaviors. For preschoolers, early care and
education settings skills; changes in care settings can disrupt the continuity of support
children's development of foundational school readiness learning. For school-age children,
changes in schools impede children's academic progress and decrease social competence.
and high school, with multiple school transfers leading to worse School mobility has the
strongest effect during early elementary and high school, with multiple school transfers
leading to worse effects.

2. Dysfunctional Family

A family is dysfunctional when conflict, neglect, and misbehavior are constant and
everlasting. There is a tremendous amount of emotional disturbance within the family
members, and it sometimes means that it is coupled with child neglect and abuse. Children
from dysfunctional families assume that this situation is normal, as they are exposed to that
environment regularly, and do not know the different aspects of dealing with a dysfunctional
family.
 Common Characteristics of Dysfunctional Families
a. Lack of Communication- it is the inability or unwillingness to listen to one another. In
many cases, an individual will avoid direct communication with the person who has caused
a problem, instead confiding in other family members in an effort to evade confrontation.
b. Lacking Empathy- There is no unconditional love, and issues are always subjected to
behavior corrections, even when it's not necessary or the child has made only a small
mistake. There is no room for error, which creates a claustrophobic environment, which
leads to a constant fear of failure in children.
c. Prone to Addiction- People in a family that doesn't meet their needs may turn to alcohol,
drugs, food, or gambling for temporary relief.
d. Mental Issues- Children who grow up watching adults around them suffering from mental
illnesses and personality disorders often do not know how to cope or behave like adults.
They also have a tendency to suffer from the same illnesses, due to a genetic predisposition.
e. Excessive Attempts to Control- Parents exert excessive control in their children's lives,
stifling their ability to grow, they also end up not encouraging good behavior. This kind of
control can lead to self-doubt in children when it comes to their abilities, and also creates
trust issues.
f. Perfectionism- Parents putting pressure on their kids to perform, and when that pressure
becomes excessive, it leads to dysfunctional behavior in them. Fear of failure is triggered,
and the children inevitably grow up to be perfectionists.
g. Constant Criticism- The criticism is blatant, with parents chastising everything the child
says or does. Other times, parents take a more subtle approach by using sarcasm, insults,
or teasing in a sneaky attempt to say something negative without making themselves seem
cruel.
h. Lack of Independence and Privacy- Parents may constantly invade a child's privacy, and
smother them to ensure that they have zero independence when it comes to decisions in a
dysfunctional family.
i. No Emotional Support- There is no safe space provided for children to express their
emotions clearly and in a positive manner. Kids often grow up lonely or isolated from their
parents in this situation.
j. Violence and Abuse- There may be signs of verbal, physical, sexual, or emotional abuse
in children who come from dysfunctional families. Children observe this as normal, and
showcase the same behavior as adults later.
 Effects of Growing Up in a Dysfunctional Family
Certain common behavior patterns can be observed in children
who come from a dysfunctional family, such as:
1. They have a bad image of themselves, and they suffer from low self-confidence and self-
esteem.
2. They find it difficult to form healthy adult relationships, and are shy or have a personality
disorder.
3. They get angry frequently and easily, and prefer to be in isolation.
4. Their academic performance is usually poor, as they struggle to concentrate and focus.
5. They exhibit self-harm or self-destructive behavior.
6. They are prone to addiction to alcohol, drugs, or smoking.
7. They can suffer from mental health issues such as depression, suicidal thoughts, anxiety,
paranoia, etc.
8. They may lack discipline due to lack of a role model to look up to while growing up, and can
become irresponsible or destructive.
9. They can also lose their childlike qualities of innocence, as they have to take major
responsibilities at an early age.

3. Broken Family

A broken family is one that includes unhealthy or severed relationships within the
family unit. They are often associated with divorce but certainly can occur in an intact family
where various members are in conflict with or estranged from each other.

Common Causes of Broken Family

a. Differing Beliefs- this can come into play in various ways, such as political or religious and
if it impacts your ability or your family member's ability to be kind and respectful, it can
become a significant problem.
b. Abuse-This is include sexual, physical, or emotional abuse.
c. Disagreements about one's spouse: If a family doesn't support their relative's marriage,
that relative may choose to create a healthier life with their spouse by distancing themselves
from their unsupportive family.
d. Financial hardship- Money can complicate any relationship, but this is especially true for
loved ones.
 e. Overbearing grandparents: If a grandparent is overbearing in advice or action while their
child raises their own children, they may feel that space from the grandparent is necessary.
f. One person refuses to apologize: Family disputes can cause trouble at varying levels,
the largest being estrangement. This is fairly common with actions that one relative
considers wrong, while the other refuses to apologize or even acknowledge the wrongdoing.
g. Some people just drift apart: After long stretches of time apart, it can be hard to reform
the lost connection.
h. Boundary Crossing: Every person has boundaries. When these are firmly established and
a relative continues to cross it or threatens to cross it, estrangement can occur.

Effect of a Broken Family on a Child

A broken family can negatively affect all domains of your child's depend on numerous
factors, including the age of the child at the time of development. The effects of a broken family
on a child's development parents' separation, and on the personality and family relationships.
a. Emotional

Children from preschool through late adolescence can experience deficits in emotional
development. Children of all ages may seem tearful or depressed, which is a state that can
last for several years after a child's parents have separated. While, some older children may
show very little emotional reaction to their parents' divorce. This may not be
developmentally beneficial. Some children who show little emotional response are actually
bottling up their negative feelings.
b. Educational

Slowed academic development is another general way that separation of the parents
affects children. The emotional stress of a divorce alone can be enough to stunt the child's
academic progress, but the lifestyle changes and instability of a broken family can contribute
to poor educational outcomes. This poor academic progress can stem from a number of
factors, including instability in the home environment, inadequate financial resources and
inconsistent routines.
c. Social

Divorce affects children's social relationships in several ways. First, some children act
out their distress about their broken family by acting aggressive and by engaging in bullying
behavior, both of which can negatively affect peer relationships. Other children may
experience anxiety, which can make it difficult for them to seek positive social interactions
and engage in developmentally beneficial activities such as teen sports. Teens from broken
families might develop a cynical attitude toward relationships and harbor feelings of
mistrust, both toward their parents and potential romantic partners.
 CHAPTER 7

LEGAL ASPECTS OF JUVENILE DELINQUENCY

Learning Objectives:

At the end of this chapter, the students will be able to:

1. Explain the UN Convention on the Rights of the Child;

2. Enumerate the Rights of a child under the Child and Youth Welfare Code;"

3. Determine the General Duties of Parents Towards their Children under the Child and Youth

Welfare Code;

4. Identify the Classifications of Child and Youth Welfare Agencies;

5. Differentiate the Special Categories of Children;

6. Identify the role of Council for the Welfare of Children (CWC);

7. Explain the salient point of the Juvenile Justice and Welfare Act of 2006;

8. Differentiate the terms Child, Child at Risk, and Child in Conflict with the Law;

9. Enumerate the rights of a Child in Conflict with the Law;

10.Identify the Kinds of Diversion Programs; and

11.Explain some of the amendments of the RA 10630 on RA 9344.

Convention on the Rights of the Child
The Philippines is one of the member states of the United nation, and has fairly aligned its
system of criminal justice and social defense with UN criminal policies. In the field of juvenile
justice, the Philippines is one of the early signatories to the Convention on the Rights of the
Child (UNCRC). One of the fundamental guarantees afforded children under the CRC is a set of
protective rights relating to juvenile justice to include rights against torture and deprivation of
liberty, the right to rehabilitative care and the right to administration of juvenile justice.
According to the UNCRC, a child means every human being below the age of eighteen years
unless under the law applicable to the child (UNCRC, 1989, Article 1). It points out that the State
parties should recognize the right of every child alleged as, accused of, or recognized as having
infringed the penal law to be treated in a manner consistent with the promotion of the child's
sense of dignity and worth, which reinforces the child's respect for the human rights and
fundamental freedoms of others and which takes into account the child's age and the desirability
of promoting the child's reintegration and the child's assuming a constructive role in society.
Consequently, Sate Parties needs to ensure the following (UNCRC, 1989, Article 40):
1. No child shall be alleged as, be accused of, or recognized as having infringed the penal law
by reason of acts or omissions that were not prohibited by national or international law at
the time they were committed;
2. Every child alleged as or accused of having infringed the penal law has at least the following
guarantees:
a. To be presumed innocent until proven guilty according to law;
b. To be informed promptly and directly of the charges against him or her, and, if
appropriate, through his or her parents or legal guardians, and to have legal or other
appropriate assistance in the preparation and presentation of his or her defense;
c. To have the matter determined without delay by a competent, independent and impartial
authority or judicial body in a fair hearing according to law, in the presence of legal or
other appropriate assistance and, unless it is considered not to be in the best interest of
the child, in particular, taking into account his or her age or situation, his or her parents
or legal guardians;
d. Not to be compelled to give testimony or to confess guilt; to examine or have examined
adverse witnesses and to obtain the participation and examination of witnesses on his
or her behalf under conditions of equality;
 e. If considered to have infringed the penal law, to have this decision and any measures
imposed in consequence thereof reviewed by a higher competent, independent and
impartial authority or judicial body according to law;
f. To have the free assistance of an interpreter if the child cannot understand or speak the
language used;
g. To have his or her privacy fully respected at all stages of the proceedings.

Under the terms of the convention, governments are required to meet children's basic needs
and help them reach their full potential. Central to this is the acknowledgment that every child has
basic fundamental rights. These include the right to:
• Life, survival and development
• Protection from violence, abuse or neglect
• An education that enables children to fulfill their potential
• Be raised by, or have a relationship with, their parents
• Express their opinions and be listened to.

Child and Youth Welfare Code

The Presidential Decree No. 603 also known as Child and Youth Welfare Code was
signed on December 10 1974, by President Ferdinand E. Marcos. It recognizes that the child is
one of the most important assets of the nation, and every effort should be exerted to promote his
welfare and enhance his opportunities for a useful and happy life. It stressed out the role of the
family and the rights and duties of parents in rearing and molding the character of the child (PD
603, 1974, Article 1).

Rights of a Child
According to PD 603, a child refers to persons below twenty-one years of age except those
emancipated in accordance with law (PD 603, 1974, Article 2). All children is entitled to the
following rights, without any discrimination (PD 603, 1974, Article 3):
1. The right to be born well;
2. The right to a wholesome family life;
3. The right to a well-rounded development of his personality;
4. The right to be given opportunity and encouragement to develop his special talents;
5. The right to a balanced diet, adequate clothing, sufficient shelter, proper medical attention,
and all the basic physical requirements of a healthy and vigorous life.
 6. The right to be brought up in an atmosphere of morality and rectitude.
7. The right to an education;
8. The right to full opportunities for safe and wholesome recreation and activities;
9. The right to protection against exploitation, improper influences, hazards, and other
conditions or circumstances prejudicial to his physical, mental, emotional, social and moral
development;
10.The right to live in a community and a society that can offer him an environment free from
pernicious influences and conducive to the promotion of his health and the cultivation of his
desirable traits and attributes;
11.The right to the care, assistance, and protection of the State;
12.The right to an efficient and honest government that will deepen his faith in democracy and
inspire him with the morality of the constituted authorities both in their public and private
lives; and
13.The right to grow up as a free individual.

Responsibilities of a Child
According to PD 603, every child, regardless of the circumstances of his birth, sex, religion,
social status, political antecedents and other factors have the following responsibilities (PD 603,
1974, Article 4):
1. Strive to lead an upright and virtuous life in accordance with the tenets of his religion, the
teachings of his elders and mentors, and the biddings of a clean conscience;
2. Love, respect and obey his parents, and cooperate with them in the strengthening of the
family;
3. Extend to his brothers and sisters his love, thoughtfulness, and helpfulness, and endeavor
with them to keep the family harmonious and united;
4. Exert his utmost to develop his potentialities for service, particularly by undergoing a formal
education suited to his abilities, in order that he may become an asset to himself and to
society;
5. Respect not only his elders but also the customs and traditions of our people, the memory
of our heroes, the duly constituted authorities, the laws of our country, and the principles
and institutions of democracy;
6. Participate actively in civic affairs and in the promotion of the general welfare, always
bearing in mind that it is the responsibility of leadership in shaping the nation's the youth
 who will eventually be called upon to discharge
future; and

7. Help in the observance of individual human rights, the strengthening of freedom

everywhere, the fostering of cooperation among nations in the pursuit of their common
aspirations for programs and prosperity, and the furtherance of world peace.

General Duties of Parents Towards their Children

The PD 603 lays down the general duties of parents towards their children, they are as
follows (PD 603, 1974, Article 46):
• To give him affection, companionship and understanding;
• To extend to him the benefits of moral guidance, self- discipline and religious instruction;
• To supervise his activities, including his recreation;
• To inculcate in him the value of industry, thrift and self-reliance;
• To stimulate his interest in civic affairs, teach him the duties of citizenship, and develop his
commitment to his country;
• To Advise him properly on any matter affecting his development and well-being;
• To always set a good example;
• To provide him with adequate support, as defined in Article 290 of the Civil Code; and
• To administer his property, if any, according to his best interests, subject to the provisions
of Article 320 of the Civil Code.

Criminal Liability of Parents

The following acts of parents towards their child are considered as crime according to Article
59 of PD 603:
1. Conceals or abandons the child with intent to make such child lose his civil status;
2. Abandons the child under such circumstances as to deprive him of the love, care and
protection he needs;
3. Sells or abandons the child to another person for valuable consideration;
4. Neglects the child by not giving him the education which the family's station in life and
financial conditions permit;
5. Fails or refuses, without justifiable grounds, to enroll the child;
6. Causes, abates, or permits the truancy of the child from the school where he is enrolled;
 7. Improperly exploits the child by using him, directly or indirectly, such as for purposes of
begging and other acts which are inimical to his interest and welfare.
8. Inflicts cruel and unusual punishment upon the child or deliberately subjects him to
indignations and other excessive chastisement that embarrass or humiliate him.
9. Causes or encourages the child to lead an immoral or dissolute life.
10. Permits the child to possess, handle or carry a deadly weapon, regardless of its ownership.
11. Allows or requires the child to drive without a license or with a license which the parent knows
to have been illegally
procured.

Duties of the Community towards Children

PD 603 defined community as the local government, together with the society of individuals
or institutions, both public and private, in which a child lives (PD 603, 1974, Article 84). To insure
the full enjoyment of the right of every child to live in a society that offers or guarantee his safety,
health, good moral environment and facilities for his wholesome growth and development, the
community has the following duties (PD 603, 1974, Article 85):
1. Bring about a healthy environment necessary to the normal growth of children and the
enhancement of their physical, mental and spiritual well-being;
2. Help institutions of learning, whether public or private, achieve the fundamental objectives
of education;
3. Organize or encourage movements and activities, for the furtherance of the interests of
children and youth;
4. Promote the establishment and maintenance of adequately equipped playgrounds, parks,
and other recreational facilities;
5. Support parent education programs by encouraging its members to attend and actively
participate therein;
6. Assist the State in combating and curtailing juvenile delinquency and in rehabilitating
wayward children;
7. Aid in carrying out special projects for the betterment of children in the remote areas or
belonging to cultural minorities or those who are out of school; and
8. Cooperate with private and public child welfare agencies in providing care, training and
protection to destitute, abandoned, neglected, abused, handicapped and disturbed children.

Classifications of Child and Youth Welfare Agencies

 Child and Youth Welfare Agencies are public and private child welfare agencies providing
encouragement, care, and protection to any category of children and youth whether mentally
gifted, dependent, abandoned, neglected, abused, handicapped, disturbed, or youthful offenders.
They are classified as follows (PD 603, 1974, Article 117):
1. Child-Caring Institution
It is an institution that provides twenty-four hour 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.
2. Detention Home
It is a twenty-four hour child-caring institution providing short term resident care for
youthful offenders who are awaiting court disposition of their cases or transfer to other
agencies or jurisdiction.
3. Shelter-care Institution
It is an institution that provides temporary protection and care to children requiring
emergency reception as a result of fortuitous events, abandonment by parents, dangerous
conditions of neglect or cruelty in the home, being without adult care because of crisis in
the family, or a court order holding them as material witnesses.
4. Receiving Homes
These are family-type homes which provide 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.
5. Nursery
It is a child-caring institution that provides care for six- or four-hour day, except those duly
licensed to offer primarily medical and educational services.
6. Maternity Home
It is 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.
7. Rehabilitation Center
It is an institution that receives and rehabilitates youthful offenders or other disturbed
children.
8. Reception and Study Center
It is 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.
9. A Child-Placing Agency
 It is an institution or person assuming the care, custody, protection and maintenance of children
for placement in any child-caring institution or home or under the care and custody of any
person or persons for purposes of adoption, guardianship or foster care.

Special Categories of Children

The following are the special categories of Children according to the Child and Youth Welfare
Code of 1974:
1. Dependent child is 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.
2. Abandoned child is 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.
3. Neglected child is one whose basic needs have been deliberately unattended or
inadequately attended. Neglect may occur in two ways:
a. Physical neglect when the child is malnourished, ill clad and without proper shelter;
and
b. Emotional neglect when children are maltreated, raped or seduced; when children
are exploited, overworked or made to work under conditions not conducive to good
health; or are made to beg in the streets or public places, or when children are in
moral danger, or exposed to gambling, prostitution and other vices.

The commitment or surrender of a child is the legal act of entrusting a child to the care of
the Department of Social Welfare or any duly licensed child placement agency or individual.
Commitment may be done in the following manner (PD 603, 1974, Article 141):
• Involuntary Commitment, in case of a dependent child, or through the termination of
parental or guardianship rights by reason of abandonment, substantial and continuous or
repeated neglect and/or parental incompetence to discharge parental responsibilities, and
in the manner, form and procedure hereinafter prescribed; and
• Voluntary commitment, through the relinquishment of guardianship rights in the manner
and form parental or hereinafter prescribed.

Council for the Welfare of Children (CWC)

The Child and Youth Welfare Code of 1974 also created the Council for the Welfare of
Children (CWC) (PD 603, 1974, Article 205). It is the focal inter-agency body of the Philippine
Government for children. It is mandated to coordinate the implementation and enforcement of all
laws; formulate, monitor and evaluate policies, programs and measures for children. Providing
dynamic leadership in ensuring a child-friendly and child-sensitive society where every child fully
enjoys his/her rights.
The Council for the Welfare of Children and Youth shall have the following powers and
functions (PD 603, 1974, Article 207):
• To coordinate the implementation and enforcement of all laws relative to the promotion of
child and youth welfare;
• To prepare, submit to the President and circulate copies of long-range programs and goals
for the physical, intellectual, emotional, moral, spiritual, and social development of children
and youth, and to submit to him an annual report of the progress thereof;
• To formulate policies and devise, introduce, develop and evaluate programs and services
for the general welfare of children and youth;
• To call upon and utilize any department, bureau, office, agency, or instrumentality, public,
private or voluntary, for such assistance as it may require in the performance of its
functions; and
• Perform such other functions as provided by law.

The Juvenile Justice and Welfare Act of 2006

The Republic Act no. 9344 also known as Juvenile Justice and Welfare Act of 2006
was signed on April 28 2006, by President Gloria Macapagal Arroyo. It is an act that
established a comprehensive Juvenile Justice and welfare system, and created the Juvenile Justice
and Welfare Council under the Department of Justice.
It defines the Juvenile Justice and Welfare System as 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 and aftercare to
ensure their normal growth and development.206 It states that a child fifteen (15) years of age
or under at the time of the commission of the offense are exempt from criminal liability. However,
the child shall be subjected to an intervention program. Whereas, a child above fifteen (15) years
but below eighteen (18) years of age shall likewise be exempt from criminal liability and be
subjected to an intervention program, unless he/she has acted with discernment, in which case,
such child shall be subjected to the appropriate proceedings. It is important to note that,
exemption from criminal liability herein established does not include exemption from civil liability,
which shall be enforced in accordance with existing laws (RA 9344, 2006, Section 6).
Child, Child at Risk, and Child in Conflict with the Law
Section 4 of RA 9344 defines Child as a person under the age of eighteen (18) years. They
are considered as Child at Risk if they are vulnerable to and at the risk of committing criminal
offenses because of personal, family and social circumstances, such as, but not limited to, the
following:
a. Being abused by any person through sexual, physical, psychological, mental, economic or
any other means and the parents or guardian refuse, are unwilling, or unable to provide
protection for the child;
b. Being exploited including sexually or economically;
c. Being abandoned or neglected, and after diligent search and inquiry, the parent or guardian
cannot be found;
d. Coming from a dysfunctional or broken family or without a parent or guardian;
e. Being out of school;
f. Being a street child;
g. Being a member of a gang:
h. Living in a community with a high level of criminality or drug abuse; and
i. Living in situations of armed conflict.

Child in Conflict with the Law (CICL) refers to a child who is alleged as, accused of, or
adjudged as, having committed an offense under Philippine laws (RA 9344, 2006, Section 4.e).

Rights of the Child in Conflict with the Law

Every CICL shall have the following rights, including but not limited to the following(RA
9344, 2006, Section 5):
1. The right not to be subjected to torture or other cruel, inhuman or degrading treatment or
punishment;
2. The right not to be imposed a sentence of capital punishment or life imprisonment, without
the possibility of release;
3. The right not to be deprived, unlawfully or arbitrarily, of his/ her liberty; detention or
imprisonment being a disposition of last resort, and which shall be for the shortest
appropriate period of time;
4. The right to be treated with humanity and respect, for the inherent dignity of the person,
and in a manner which takes into account the needs of a person of his/her age;
 5. The right to prompt access to legal and other appropriate assistance, as well as the right to
challenge the legality of the deprivation of his/her liberty before a court;
6. The right to bail and recognizance, in appropriate cases;
7. The right to testify as a witness in his/her own behalf under the rule on examination of a
child witness;
8. The right to have his/her privacy respected fully at all stages of the proceedings;
9. The right to diversion if he/she is qualified and voluntarily avails of the same;
10.The right to be imposed a judgment in proportion to the gravity of the offense where his/her
best interest, the rights of the victim and the needs of society are all taken into consideration
by the court;
11.The right to have restrictions on his/her personal liberty limited to the minimum;
12.The right to automatic suspension of sentence;
13.The right to probation as an alternative to imprisonment; and
14.The right to be free from liability for perjury, concealment or misrepresentation

Juvenile Justice and Welfare Council

RA 9344 created the Juvenile Justice and Welfare Council (JJWC) (RA 9344, 2006, Section
8). It is a policy making, coordinating, and monitoring body tasked through its member and
coordinating agencies with the implementation of the Juvenile Justice and Welfare Act, as
amended.
The JJWC shall have the following duties and functions (RA 9344.
2006, Section 9):
a. To oversee the implementation of the Juvenile Justice and Welfare Act;
b. To advise the President on all matters and policies relating to juvenile justice and welfare;
c. To assist the concerned agencies in the review and redrafting of existing policies/regulations
or in the formulation of new ones in line with the provisions of the Juvenile Justice and
Welfare Act;
d. To periodically develop a comprehensive 3 to 5-year national juvenile intervention program,
with the participation of government agencies concerned, NGOS and youth organizations;
e. To coordinate the implementation of the juvenile intervention programs and activities by
national government agencies and other activities;
f. To formulate and recommend policies and strategies in consultation with children for the
prevention of juvenile delinquency and the administration of justice, as well as for the
treatment and rehabilitation of the children in conflict with the law;
 g. To collect relevant information and conduct continuing research and support evaluations
and studies on all matters relating to juvenile justice and welfare, such as but not limited
to:
i. The performance and results achieved by juvenile intervention programs and by
activities of the local government units and other government agencies;
ii. The periodic trends, problems and causes of juvenile delinquency and crimes; and
iii. The particular needs of children in conflict with the law in custody.
h. To conduct regular inspections in detention and rehabilitation facilities and to undertake
spot inspections on their own initiative in order to check compliance with the standards
provided herein and to make the necessary recommendations to appropriate agencies;
i. To initiate and coordinate the conduct of trainings for the personnel of the agencies involved
in the administration of the juvenile justice and welfare system and the juvenile intervention
program;
j. To submit an annual report to the President on the implementation of Juvenile Justice and
Welfare Act; and
k. To perform such other functions as may be necessary to implement the provisions of
Juvenile Justice and Welfare Act.

Restorative Justice
R.A. No. 9344 introduced the concept of restorative justice as opposed to retributive justice.
It espouses resolving conflicts with the maximum involvement of the victim, the offender and the
community. It primarily aims to achieve reparation for the victim, reconciliation of the offender,
the offended and the community, and enhancement of public safety. It also ensures that the child's
rights will not be infringed when he/she admits to the offense (Sanchez, 2016).
Restorative Justice refers to a principle which requires a process of resolving conflicts
with the maximum involvement of the victim, the offender and the 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. It also enhances public
safety by activating the offender, the victim and the community in prevention strategies (RA 9344,
2006, Section 4.q).

Roles of Different Sectors in the Prevention of Delinquency

RA 9344 recognizes the roles of the following sectors, that is integral
in the prevention of juvenile delinquency in the community:
The Family
The family is responsible for the primary nurturing and A child in conflict with the law shall
be maintained in his/her rearing of children which is critical in delinquency prevention. family (RA
9344, 2006, Section 12).

The Educational System

Educational institutions shall work together with other sectors in the prevention of juvenile
delinquency and in the rehabilitation and reintegration of child in conflict with the law. Schools
shall provide adequate, necessary and individualized educational schemes for children manifesting
difficult behavior and children in conflict with the law. In cases where children in conflict with the
law are taken into custody or detained in rehabilitation centers, they should be provided the
opportunity to continue learning under an alternative learning system with basic literacy program
or non- formal education accreditation equivalency system (RA 9344, 2006, Section 13).

Mass Media
The mass media plays an active role in the promotion of child rights, and delinquency
prevention by relaying consistent messages through a balanced approach. Media practitioners
shall maintain the highest critical and professional standards in reporting and covering cases of
children in conflict with the law. In all publicity concerning children, the best interest of the child
should be the primordial and paramount concern. Any undue, inappropriate and sensationalized
publicity of any case involving a child in conflict with the law is hereby declared a violation of the
child's rights (RA 9344, 2006, Section 14).

Local Councils for the Protection of Children

Local Councils for the Protection of Children (LCPC) shall be established in all levels
of local government. The local council shall serve as the primary agency to coordinate with and
assist the LGU concerned for the adoption of a comprehensive plan on delinquency prevention,
and to oversee its proper implementation (RA 9344, 2006, Section 15).

Community-based Programs on Juvenile Justice and Welfare

The LGU's through the LCPC, school, youth organizations and other concerned agencies
shall institute community-based programs on juvenile justice and welfare. The Community based
services should respond to the special needs, problems, interests and concerns of children and
offer appropriate counseling and guidance to them and their families. These programs shall consist
of three levels (RA 9344, 2006, Section 19):
 1. Primary intervention includes general measures to promote social justice and equal
opportunity, which tackle perceived root causes of offending:
2. Secondary intervention includes measures to assist children at risk; and
3. Tertiary intervention includes measures to avoid unnecessary contact with the formal
justice system and other measures to prevent re-offending.

Diversion and Intervention Programs

Diversion refers to an alternative, child-appropriate process of determining the
responsibility and treatment of a child in conflict with the law on the basis of his/her social, cultural,
economic, psychological or educational background without resorting to formal court proceedings
(RA 9344, 2006, Section 4.i). While, intervention refers to a series of activities which are
designed to address issues that caused the child to commit an offense. It may take the form of an
individualized treatment program which may include counseling, skills training, education, and
other activities that will enhance his/her psychological, emotional and psycho-social well-being
(RA 9344, 2006, Section 4.1). Diversion Program refers to the program that the child in conflict
with the law is required to undergo after he/she is found responsible for an offense without
resorting to formal court proceedings.
During the diversion process, the responsibility and treatment economic, psychological or
educational background without resorting of CICL will be determined on the basis of his/her social,
cultural, to formal court proceedings. If the CICL is found to be responsible for an offense, he/she
will be required to undergo diversion programs without resorting to formal court proceedings.
During the intervention programs on the other hand, they will undergo a series of activities to
address issues that caused them to commit an offense. These may take the form of counseling,
skills training, and education. The bigger the role these diversion and intervention 'programs play
in child behavior development, the more acceptance and social legitimacy these programs are
likely to enjoy in resolving problems with CICL.

Kinds of Diversion Programs

The diversion program includes adequate socio-cultural and psychological responses and
services for the child. At the different stages where diversion may be resorted to, the following
diversion programs may be agreed upon, such as, but not limited to (RA 9344, 2006, Section31):
1. At the level of the Punong Barangay:
a. Restitution of property;
b. Reparation of the damage caused;
 c. Indemnification for consequential damages;
d. Written or oral apology;
e. Care, guidance and supervision orders;
f. Counseling for the child in conflict with the law and the child's family;
g. Attendance in trainings, seminars and lectures on:
i. Anger management skills;
ii. Problem solving and/or conflict resolution skills;
iii. Values formation; and
iv. Other skills which will aid the child in dealing with situations which can lead to
repetition of the offense;
h. Participation in available community-based programs, including community service; or
i. Participation in education, vocation and life skills programs.

2. At the level of the law enforcement officer and the prosecutor:

a. Diversion programs specified under the level of the Punong Barangay; and
b. Confiscation and forfeiture of the proceeds or instruments of the crime;

3. At the level of the appropriate court:

a. Diversion programs specified under the level of the Punong Barangay; and law
enforcement officer and the prosecutor;
b. Written or oral reprimand or citation;
c. Fine:
d. Payment of the cost of the proceedings; or
e. Institutional care and custody.

Rehabilitation and Reintegration

The goal of rehabilitation and reintegration of children in conflict with the law is to provide
them with interventions, approaches and the end goal of reintegration to their families and as
productive members strategies that will enable them to improve their social functioning with of
their communities (RA 9344, 2006, Section 44). The child in conflict with the law shall participate
in community-based programs, which shall include, but not limited to (RA 9344, 2006, Section
52):
• Competency and life skills development;
 • Socio-cultural and recreational activities;
• Community volunteer projects;
• Leadership training;
• Social services; Homelife services;
• Health services;.
• Spiritual enrichment; and
• Community and family welfare services.

Republic Act no. 10630

On October 3, 2013 the Republic Act no. 10630 was enacted and signed by President
Benigno S. Aquino. It is an act that strengthens the Juvenile Justice system in the Philippines
and as an amendment to RA 9344.20 It amended the RA 9344, by putting the Juvenile Justice and
Welfare Council under the Department of Social Welfare and Development, formerly under the
Department of Justice (RA 10630, 2013, Section 1).

Bahay Pag-Asa
Bahay Pag-asa refers to a 24-hour child-caring institution established, funded and
managed by local government units (LGUS) and licensed and/or accredited non-government
organizations (NGOs) providing short-term residential care for children in conflict with the law who
are above fifteen (15) but below eighteen (18) years of age who are waiting court disposition of
their cases or transfer to other agencies or jurisdiction. It is an intensive juvenile intervention and
support center. This will cater to children in conflict with the law. It is being operated by a
multidisciplinary team composed of a social worker, a psychologist/ mental health professional, a
medical doctor, an educational/guidance counselor and a Barangay Council for the Protection of
Children (BCPC) member. The team will work on the individualized intervention plan with the child
and the child's family (RA 10630, 2013, Section 2).

Regional Juvenile Justice and Welfare Committee

RA 10630 also created a Regional Juvenile Justice and Welfare Committee (RJJWC)
under the administration and supervision of the JJWC. Its primary task is to ensure the effective
implementation of this Act at the regional and LGU levels and the coordination among its member
agencies (RA 10630, 2013, Section 4).