Juvenile Delinquency and Crime

Prevention
RHEM RICK N. CORPUZ, Ph. D, MS Crim, BS Crim
2nd Place, 2008 Criminology Licensure Examination
Definition of Terms:
Juvenile – a person who is not yet fully
developed; not yet an adult; have characteristics
of a youth or child; immature.
Youth – the condition or quality of being young;
an early period of development or existence; the
time of life between childhood and maturity.
Delinquency – any act, course or conduct, or
situation which might be brought before the court
and adjudicated whether in fact it comes to be
treated there or by some other resources or
indeed remains untreated.
Definition of Terms:
Juvenile delinquency – it is used to describe a
large number of disapproved behavior of children
and youths.
An act committed by minor that violates the penal
code of the government with authority over the area
in which the act occurred.
Youthful offender – it refers to a youth who is
found guilty by the court for the commission of an
offense after is 9th but before 18th birthday. CICL
Neglect – disregarding the physical, emotional or
moral needs of children or adolescents.
Definition of Terms:
Parental authority – it includes the rearing and
caring of children for civic consciousness and
efficiency and the development of their moral,
mental and physical character and well-being.
In Loco Parentis - Teachers, administrators, and
babysitters who are viewed as having some
temporary parental rights & obligations.
In re Gault (1967) – (US) - Case that determined
the Constitution requires a separate juvenile
justice system with certain standard procedures
and protections, but still not as many as in adult
systems.
Historical Development of Child
Welfare and Juvenile Justice
Code of Hammurabi – Oldest known code
for thousand years ago dating from 2270 B.C.
discussed runaways, children who disowned
their parents and sons who cursed their father
are severely being punished.
Roman Law and Canon (Church) law –
Approximately two thousand years ago, made
distinction between juveniles and adults
based on the notion “age of responsibility”
History....
Ancient Jewish Law – The Talmud specified
condition under which immaturity was to be
considered in imposing punishment. There was
no corporal punishment prior to puberty, which
was considered to be the age of twelve for
females and thirteen for males. No capital
punishment is to be imposed on those offenders
under twenty years of age. Similar leniency was
found among Moslems, where children under the
age of seventeen were typically exempt from the
death penalty.
History...
Codification of Roman Law – In fifth century B.C
this law resulted in the “Twelve Tables”, which
made it clear that children were criminally
responsible for violation of law and were to be
dealt with by same criminal justice system as
adults.
Children came to be classified as “infans,”
“proximus infantiae.” In general. “infans”
were not held criminally responsible, but those
approaching puberty who knew the difference
between right and wrong were held accountable.
History...
For much of Roman history, “infantia” meant the
inability to speak, but in the fifth century A.D. this
age is fixed at seven years and children under
that age were exempt from criminal liability. The
legal age of puberty was fixed at fourteen for
boys and twelve for girls: youth above these
ages were held criminally liable. For children
between the ages seven and puberty, liability
was based on their capacity to understand the
difference between right and wrong.
History...
 Anglo Saxon Common Law (Law based on custom or
usage) - The distinction made between adult and juvenile
offenders in England at this time are most significant.
Under common law, children under the age of seven
were presumed incapable of forming criminal intent and
therefore were not subject to criminal sanctions. Children
between seven and fourteen were not subject to criminal
sanctions unless it could be demonstrated that they had
formed criminal intent, understood the consequences of
their actions, and could distinguish right from wrong
(Blackstone 1803, 22-24). Children over fourteen were
treated much the same as adults.
History...
Chancery or equity courts – Created by the king of
England, under the guidance of King’s chancellor.
Chancery courts were created to consider petitions of
those who needed special aid or intervention, such as
woman and children who needed protection and aid
because of divorce, the death of a spouse, or
abandonment, and to grant relief to such persons.
Through the chancery courts, the king exercise the
right of parens patria (parents of the country) by
enabling these courts to act in loco parentis (in the
place of parents) to provide necessary services for the
benefit of women and children. In other words, the
king, as ruler of his country, was to assume
responsibility for all those under his rule, to provide
parental care for children who had no parents, and to
assist women who required aid for any of the reasons
mentioned above.
History...
Although chancery courts did not normally deal
with youthful offenders, they did deal with
dependent or neglected youth as do juvenile
courts in the Unites States today. The
principle of parens patriae later became
central to development of juvenile court in
America.
History...
Law of King Aethelstan (924-939 A.D) – Old
English law provided penalties for children.
Any thief over 12 years old received a
punishment of death if he stole more than 12
pence, (later the amount was reduced to 8
pence). However, with the passage of time
the law was eased for children, and no one
under sixteen years could be put to death
unless he resisted or run away.
Statute of Artificers (1562) – Stated that children
of paupers could be involuntarily separated from
their parents and apprenticed to others.
Poor Law Act of 1601 – Provided for involuntary
separation of children from their impoverished
parents, and these children were then placed in
bondage to local residents as apprentices.
Statute of Artificers and Poor Law Act of 1601 were
placed in bondage to local residents as
apprentices.
Pope Clement XI – In 1704 in Rome, established the
Hospital of St. Michael’s, the first institution for the
treatment of juvenile offenders.
The stated purpose of the hospital was to correct and
instruct unruly youth so they might become useful
citizens.
Robert Young – In 1788 established the first private,
separate institution for youthful offenders in England.
The goal of the institution was to educate and instruct
in some useful trade or occupation the children of
convicts or such other infant poor as engaged in a
vagrant and criminal course of life.
 Albert K. Cohen – The first man who attempted to
find out the process of beginning of the delinquent
subculture.
 Kingwood Reformatory – This was established for
the confinement of the “hordes of unruly children who
infested the streets of new industrial towns” of
England.
 New York Committee on Pauperism – In 1818, the
committee gave the term “Juvenile Delinquency” Its
first public recognition by referring it as a major cause
of pauperism.
1899 – The first Juvenile or “family”
court was established in Cook
County Illinois.
1899 – 1967 – This has been
referred to as the era of “socialized
juvenile justice”.
Types of Delinquent
 Social – an aggressive youth who recents the authority
of anyone who make an effort to control his behavior.
 Neurotic – he has internalized his conflicts and
preoccupied with his own feelings
 Asocial – his delinquent at have a cold, brutal, ficious
quality for which the youth feels no humors.
 Accidental – he is less identifiable in his character,
essentially socialize law abiding but too happens to be
at the wrong place at the wrong time and becomes
involved in some delinquent act not typical of his
general behavior.
Theories on Juvenile Delinquency
Factors to Deliquency
PREDISPOSING FACTOR
Inclinations or inherited propensities, which
cannot be, considered a criminal one unless there
is a probability that a crime will be committed
PRECIPITATING FACTOR
Elements which provokes crimes or factors that
are signified to the everyday adjustments of an
individual, like personal problems, necessities,
imitation, curiosity, ignorance, and diseases.
Different approach towards
delinquency
BIOGENIC APPROACH
Biogenic views the law-breaker as a person
whose misconduct is the result of faulty biology.
PSYCHOGENIC APPROACH
It tells us that the offender behaves as she or he
does in response to psychological pathology of
some kind. SOCIOGENIC APPROACH
SOCIOGENIC APPROACH
Sociogenic attributes the variations in
delinquency pattern to influence social structures.
I. CLASSICAL SCHOOL (Choice Theory) -
People choose to commit crime after
weighting the benefits and costs of their
actions. Crime can be deterred by certain,
severe and swift punishment.
Cesare Bonesana Marchese di Beccaria (1738-
1794), Milan, Italy

Economist and jurist. His chief work, Tratto del

Pene de Delitti (Essay on Crimes and
Punishments, 1764; trans. 1880) argues against
the severities and abuses of criminal law,
especially capital punishment and torture.

He espoused the theory of Hedonism – “man

essentially seeks pleasure and avoids pain”.
Punishment should be calculated to exceed the
pleasure derived from the commission of an
illegal act in order to deter its commission.
Jeremy Bentham (1748-1832), England

Philosopher, economist, and jurist. He founded

the doctrine of Utilitarianism (Latin: utilis,
meaning: ”useful”), in ethics, the doctrine that
what is useful is good, and consequently, that
the ethical value of conduct is determined by
the utility of its results. The supreme objective
of moral action and the foundation on which all
morality should be grounded is the
achievement of “the greatest happiness or
satisfaction for the greatest number”.
Principal Arguments of the Classical
School:
1. People has free will
2. Behavior is guided by hedonistic
calculus (pleasure/pain calculation)
3. Crime is the result of free will and
hedonism
4. Punishment should fit the offense
5. Bad people are nothing more that
the result of bad laws
Neo-classical School

A group of intellectuals in the British

Parliament headed by Sir William Blackstone
argued that certain individuals cannot exercise
free will intelligently by reason of age, mental
condition, minority, insanity, or duress. They
criticized the harsh legalism of classical school
because it fails to exempt these kind of
offenders. They sought the exemption of
certain individuals from the application of
penal laws.
II. BIOLOGICAL POSITIVISM
SCHOOL (Scientific Approach) -
Some people have biological and
mental traits that make them crime-
prone. These traits are inherited and
present at birth. Mental and physical
degeneracies are the causes of crime.
Giambattista della Porta (1535 – 1615),
Italy

Founded the school of human PHYSIOGNOMY

(the study of facial features and their relations to
human behavior). Physiognomy is known as the
first positivist approach in the study of crime.
Franz Joseph Gall ( 1758 – 1828) and
Johann Kaspar Spurzheim (1776 – 1828),
Germany

Founded the science of PHRENOLOGY –

bumps in the head are indications of
“psychological propensities”.
Auguste Compte (18th Century), France

French Sociologist who applied the modern

methods of the physical sciences to the
social sciences in his book Cours de
Philosophie Positive. He argued that there
could be no real knowledge of social
phenomena unless it was based on positive
(scientific) approach.
Cesare Lombroso (1836-1909), Italy

He wrote L’uomo Delinquente (The Criminal Man)

and advanced the theory that “crime can be
attributed to a hereditary predisposition in certain
individuals”.

He argued that offenders are BORN CRIMINALS.

The opposite of Charles Darwin’s theory of
Evolution through natural selection, Lombroso
posited that certain individuals digresses back to
their animalistic origin in a phenomenon called
ATAVISM.
Enrico Ferri

One of Lombroso’s students, he accepted the

existence of a criminal type but also focused
on factors other than inherited physical
characteristics as predictors of crime.

He considered social factors such as:

1. population trends,
2. religion, and
3. the nature of the family.
Ferri proposed a more elaborate classification of
criminal types:
1. the born or instinctive criminal,
2. the insane criminal,
3. the passionate criminal,
4. the involuntary criminal,
5. the occasional criminal, and
6. the habitual criminal.

The last two types were not innate criminals but rather
the products of unfortunate family or environmental
circumstances. By explaining criminal behavior on the
basis of social factors as well as inherited traits, Ferri
expanded the scope of criminology.
Raffaele Garofalo

Italian lawyer, major contribution to modern criminology

is the concept of NATURAL CRIME. According to
Garofalo, natural or true crime is conduct that, when
evaluated against the average moral sense of the
community, offends the basic altruistic (unselfish) sense
of humankind.

The true criminal is one who lacks the basic altruistic

sentiments of piety and honesty. Garofalo believed that
the true criminal is a distinct biological or psychic type
and that the altruistic deficiencies were organic or
inherited. He acknowledged that certain forms of
criminal behavior might be encouraged by social and
environmental circumstances.
CRITISISMS TO THE ITALIAN SCHOOL
Charles Buckman Goring (1870 – 1919), England

Medical officer of Parkhurst Prison in England who

collected data on 96 traits of more than 3,000 convicts
and a large control group of Oxford students, hospital
patients, and soldiers, assisted by KARL PEARSON, a
famous statistician. He refuted Lombrosian theory of
anthropological criminal type. His evaluation stands as
the most cogent critical analysis of the theory of Born
Criminals. He rejected the claim that a specific stigmata
identify the potential criminal but is convinced that poor
physical condition plus defective state of mind were
DETERMINING FACTORS IN CRIMINAL
PERSONALITY.
ERNST KRETCHMER (1888 – 1964), Germany

Distinguished three principal types of

physiques:

1. athletic (medium to tall, strong, muscular,

coarse bones)
2. pyknic (medium height, rounded figure,
massive neck, broad face)
3. aesthetic (lean, slightly built, narrow
shoulders)
William Sheldon (1898 – 1977), US

Identified another three body types (SOMATOTYPE

SCHOOL OF CRIMINOLOGY):

1. Mesomorphic (Somatotonic) – physically powerful,

aggressive, athletic physique
2. Endomorphic (Viscerotonic) – predominance of
soft roundness throughout the body
3. Ectomorphic (Cerebrotonic) – fragile, thin and
delicate

People with predominantly mesomorphic traits has

higher criminal tendencies than other body types.
XYY Syndrome

Chromosomes are the basic structure of our genes – the

biological materials that make all of us unique. Each human
being has 23 pairs of inherited chromosomes. One pair
determines gender.

Normally, A female receives an X chromosome from both

mother and father. A male receives an X chromosome from
his mother and Y chromosomes from his father.

Sometimes, a defect in the production of the sperm or egg

results in genetic abnormality. One type of which is the
chromosomal abnormality of XYY syndrome in which the
male receives an extra Y chromosome called the “superman
gene”. Studies done in 1960 found that high frequency of this
condition among inmates of maximum security prisons.
Studies of twins

There are two types of twins, namely:

1. monozygotic – [identical twins] developed from
an single fertilized egg that divides into two embryos.
These twins share all their genes and has identical
DNA’s.
2. dizygotic – [fraternal] develops from two
separate eggs fertilized at the same time. They share
50% of their genes.

The chance for both twins to be criminal is 50% for

identical, and 20% for fraternal according to the studies
conducted by Karl Christiansen and Sarnoff A. Mednick
of Denmark in studies of 3,586 pairs of twins born
between 1881 and 1910.
 III. RADICAL CRIMINOLOGY

Freidrich Engels (1820 – 1895) SOCIALIST

PERSPECTIVE

Crime is a function of competition or class

struggle. The capitalist system’s emphasis on
competition and wealth produces an economic
and social environment in which crime is
inevitable.
Karl Marx ( 1848) COMMUNIST SCHOOL

Capitalist society has always been organized in

such a hierarchical fashion, with the State
representing not the common interest but the
interest of those who own the means of
production.

Capitalism breeds greed and predatory behavior

which exploits the working class. Revolution is
the only means of change and for that reason it is
morally justifiable.

Crime is the most primitive form of rebellion.

Feminist Criminology

In 1950’s, several female rights activists

argued against the inequality among the
sexes with respect to certain civil and
political rights. The male dominated society
shape laws and public policies in such a
way as to alienate women and limit the
acceptable choices they can make. Crimes
that under the law can only be committed by
women are a result of this oppression.
IV. SOCIOLOGICAL THEORY

A persons place in the social structure

determines his or her behavior.
Disorganized urban areas are the
breeding ground of crime. A lack of
legitimate opportunities produces
criminal subcultures. Socialization
within the family, the school, and the
peer groups control behavior.
Adolphe Quetelet (1796 – 1874), Belgium
Andre Michael Guerry ( 1802 – 1866), France

Cartographic School - The first to independently

repudiate the Classicists free will doctrine.
Factors such as:
1. poverty,
2. age,
3. sex,
4. race,
5. climate,
and “not the decisions of individuals”, determine
criminal behavior.
Gabriel Tarde

French sociologist. He asserted that the

causes of crime are chiefly social. His basic
theory on the causes of crime was founded on
laws of imitation.

Tarde believed that persons predisposed to
crime are attracted to criminal activity by the
example of other criminals. He felt that the
particular crimes committed and the methods
of committing those crimes are the products of
imitation.
Emile Durkheim, (1858 – 1917), France

According to his Anomie Theory, crime is a

normal part of society as birth and death.

Anomie is the breakdown of social order as

a result of a loss of standards and values.

Crime is a necessary expression of the

prevailing social condition.
Robert Merton (1910), US

Borrowed Durkheim’s Anomie theory but argued

that the real problem is created not by sudden
social change but by a SOCIAL STRUCTURE
THAT HOLDS OUT THE SAME GOALS TO ALL
IT MEMBERS without giving them equal means
to achieve it, thereby creating social pressure
(Strain Theory).

People who aspire to the cultural norm of

economic achievement but are denied the
education, capital, or other means to realize
those ends will experience strain.
According to Merton, there are three possible
responses to strain:
1. innovation. Although the individual continues to
accept the cultural value of success, he or she will
employ illegitimate means, such as theft or robbery,
to obtain money because legitimate means to
achieve this end are not available.
2. retreatism. The person gives up the pursuit of
economic success and engages in self-destructive
behavior, such as drug abuse.
3. rebellion. The person abandons the culturally
dictated goal of economic achievement and engages
in revolutionary activities or attempts to reform the
system.
Edwin Sutherland, Donald Cressey, Richard
Cloward, and Lloyd Ohlin, American Sociologists

Criminal Behavior is learned from association with

criminal people in the same way that non-criminal
behaviors are learned from association with law abiding
individuals in a learning process called Differential
Association. To become a criminal, a person must not
only be inclined toward illegal activity, he or she must
also learn how to commit criminal acts. Sutherland’s
differential association theory contends that people
whose environment provides the opportunity to
associate with criminals will learn these skills and will
become criminals in response to strain. If the necessary
learning structures are absent, they will not.
Dualistic Fallacy – Refers to the ERROR in
the presumption that the processes that
produces criminal or antisocial behavior is
DIFFERENT from the processes that produces
law abiding or conventional behavior.

According to Sutherlands’ Differential

Association Theory, the processes which
results in criminal behavior and non-criminal
behavior are essentially the same. Those who
assume that there is a fundamental distinction
between the two commits what is called the
“dualistic fallacy”.
Travis Hirschi

Social-control theory - developed in
1960’s by American Criminologist Travis
Hirschi by emphasizing the acquisition of
values.

While most theories attempt to explain why

certain people or classes of people become
criminals, social-control theory asks why
most people do not commit crimes.
Social-control theory assumes that everyone has a
predisposition toward criminal behavior. Whether or not a
person acts on those predispositions depends on whether he
or she has ties to groups that impart values opposing crime
such as:
1. family,
2. school,
3. community,
4. church, and
5. volunteer organizations.
People with attachments initially hold certain values
because they fear sanction from these groups. Gradually,
the values are internalized and followed because of a belief
that to do otherwise would be morally wrong.
People without these attachments are not deterred by
threat of group sanction nor do they ultimately internalize
legitimate norms. They are more likely to engage in crime.
Marcus Felson, Lawrence Cohen

In the mid-1970s they changed the focus of

criminological theory from explaining criminal
motivation to explaining the occurrence of criminal
events. They argued that desire or criminal motivation
alone was not sufficient to cause crime. In addition to
motivation, the offender requires opportunity to pursue
his or her inclinations (Differential Opportunity Theory).
According to these opportunity theorists, the physical
and social environment of the offender and the victim
(or target) encourage or limit criminal opportunity.
They sought to identify environmental factors that
provided the opportunity to commit crime.
According to opportunity theory, the
dangerousness of a particular environment
relates to four factors:
(1) the accessibility of the victim or target,
(2) the perceived attractiveness of the target,
(3) the proximity to numerous potential
offenders, and
(4) the absence of capable guardians.

Crime = Tendency + Situation

___________________________________

Resistance
V. PSYCHOLOGICAL THEORY

Certain Psychological/Mental dysfunctions

produces abnormal behavior which may be
directly associated with criminality.

To account for criminal motivation in people,

criminologists have used various psychological
theories that attempt to explain human intellectual
and emotional development.

These theories can be divided into three

categories:
1. Moral development theories - describe a
sequence of developmental stages that
people pass through when acquiring the
capacity to make moral judgments.

According to these theorists, this

development process may or may not be
completed, and people who remain unable to
recognize right from wrong will be more likely
to engage in inappropriate, deviant, or even
criminal behavior.
2. Social learning theories - emphasize the
process of learning and internalizing moral codes.
Learning theorists note different patterns of
rewards and sanctions that affect this process.

3. Personality theories - assume a set of

enduring perceptions and predispositions
(tendencies) that each individual develops
through early socialization. These theorists
propose that certain predispositions or
personality traits, such as impulsiveness or
extroversion, increase the chances of criminal
behavior.
Sigmund Freud (1856 – 1939) Austria

Founder of PSYCHOANALYSIS which

attributes delinquent behavior to at least
three causes, namely:

1. a conscience so overbearing that it

arouses feeling of guilt
2. a conscience so weak that it cannot
control the individual impulse
3. the need for immediate gratification
Three basic components of the
HUMAN PSYCHE:

1. id – consists of powerful urges and

drives for gratification and satisfaction
2. ego – the executive of the
personality, acting as the moderator
between super-ego and id.
3. superego – acts as moral code
(conscience).
In his work in the late 1800s and early 1900s, Freud
described emotional development as the process
of achieving a balance between conflicting desires.

Humans must resolve the tension between their

purely self-interested tendencies, which he called the
id, and the control of these forces by the
combination of conscience and moral attitudes,
called the superego. This process begins in infancy,
at which time the id reigns without conflict.
As the child develops, conflicts occur between the id
and superego, which are ultimately resolved by the
ego — the sense of self.
This process results in a person who
strikes a balance between:
1.individualism and society,
2.hedonism (pleasure seeking) and
repression of desires.
According to Freud, when this
development process goes wrong, any
number of personality disorders can
result, including a tendency toward
criminal behavior.
FAMILY AND DELINQUENCY
Family and Delinquency
 Family size
 Child’s Birth Order in the
Family
 Relations Between Parents
and Children
Family Rejection
1. Protest – cries and screams for
mother, shows panic, clings when she
visits and howl when she leaves.
2. Despair – after a few days, child
becomes withdrawn, sucks thumb
3. Detachment – loses interest in
parents, and is not concerned whether
they are there or not
Discipline in the Home
a. A loving, friendly and just home
that breeds a Conforming Behavior.
b. A loving, liberal, and open-
minded home that breeds Critical
behavior
c. A loveless, lonely and
problematic home life that breeds
Deviant Behavior
Broken Home
This does only not refer to the
separation of parents leaving their
children behind, but includes the
presence of parents who are
irresponsible that children experience
constant quarrel in the home. Broken
homes are associated with an increase
risk in deviant behavior.
Effects of Family Breakdown to the Children:
1. Being brought up by one parent instead of
two decrease the amount of surveillance
which protects against delinquency.
2. Divorce plunges the family into poverty,
which is associated with deviance and
forces the family to find accommodation in
a high delinquency area.
3. People who divorce are less stable
character than normal, and pass their
instability onto their children.
Single Parent family
Effect of Single-Parent family
1. Single parent are much more likely to be
living in poverty, or living in a high-
delinquency area than are married persons.
2. Single-parent may find it more difficult to
control their children during late childhood and
adolescence.
3. The fathers of the children of single-mothers
may have criminal behavior or alcoholism
which may have influenced their children prior
to family-breakdown
Adolescence and Delinquency
Adolescence is the transition stage between
childhood and adulthood. The period of life as
turbulent, emotional one, filled with storm and
stress, brought on by the various biological
changes of puberty.
Psychologist have long recognized that as
children mature, the nature of their friendship
pattern also evolves. While patterns are the
primary source of influence and attention in
children’s early years, children seek out a stable
peer group.
Characteristics of Gang
Organization - creation of an administrative body.
Leadership – gangs have established leaders, like
militaristic or mafia style model – the top authority
positions analogous to that of the highest ranking
officer in a military unit, rule by force by the leader
who is usually older, stronger and reversed by
gang members.
Turf – Particular territory or neighborhood crossing
turf boundaries and entering another gang
territory.
Cohesiveness – share privacies with one another
than their non-delinquents to believe they can
trust their friends and have their trust on their
friends.
Purpose – delinquent gangs have been typically
though to exist for the purpose of committing
offense.
Traits of a gang
Competitiveness – The child growing up in
a slum area learns to compete for scarce
resources for survival.
Mistrust – The child learns that he cannot
have confidence in others, who will always put
themselves first.
 Self-reliance – The individual learns to count on
no-one but himself, and that any assistance has cost.
Social isolation – The individual learns not to
become emotionally attached to others , for they will
only lead to pain.
Survival instinct – the characteristic is solidified
by the young person’s experience of the loser’s in the
neighborhood, who give him added impetus not to be
dragged down.
Defiant air – the individual makes it clear to
authority figures that he will not knuckle under.
Laws on Juvenile Justice and Delinquency
Classification of Children and Youth
Welfare Agencies
1. Child Caring Institution. One that provides 24-hour
resident group care service for the physical, mental,
social and spiritual well-being of nine (9) or more
mentally gifted, dependent, abandoned, neglected,
handicapped, disturbed or youthful offenders.
An institution whose primary purpose is
education is deemed to be a child-caring institution if
nine or more of its pupils or wards do not return
annually to the homes of their parents for at least two
months of summer vacation.
2. Detention Homes. A 24-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. One 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 or a court order holding them as a
child witness.
4. Receiving homes. Family type homes which provide
temporary shelter from ten (10) to twenty (20) days
for children who shall during this period be under
observation and study for eventual placement by
DSWD. The number of children in a receiving home
shall not at any time exceed nine (9).
5. Nursery. A child-caring institution that provides care
for six or more children below six years of age for all
or part of a twenty-four hour day, except those duly
licensed to offer primary medical and educational
services.
6. Maternity Home. An institution or
place of residence whose primary
function is to give shelter and care
to pregnant women and their infants
before, during and after delivery.
7. Rehabilitation center. An
institution that receives and
rehabilitates youthful offenders or
other disturbed children.
Dependent, Abandoned and Neglected Children
Dependent Child. One who is without a
parent, guardian or custodian, or one
whose parents, guardian or other
custodian for good cause desires to be
relieved of his care and custody; and is
dependent upon the public for support.
Abandoned Child. One who has no
proper parental care or guardianship, or
whose parents or guardians have
deserted him for a period of at least six
continuous months.
Neglected Child. One whose basic needs have been
deliberately unattended or inadequately attended. Neglect
may occur in two ways:
a. Physical Neglect – when child is malnourished, ill
clad and without proper shelter.
b. Emotional Neglect – when children are maltreated,
raped or seduced; when children are exploited. Overworked
or made to work to conditions not conducive to good health;
made to beg in the streets or public places, when children
are in moral danger or exposed to gambling, prostitution
and other vices.
Commitment or surrender of a child is a legal act of
entrusting a child to the care of the DSWD or any
duly licensed child placement agency or individual. It
may be:
a. Involuntary commitment, in a case of a dependent
child, or through termination of parental guardianship
rights by reason of abandonment, substantial and
repeated neglect and or parental incompetence to
discharge parental responsibilities.
b. Voluntary commitment through the relinquishment of
parental guardianship rights.
Mentally Retarded, Physically
Handicapped, Emotionally Disturbed
and Mentally Ill Children
Mentally Retarded Children
a. Socially incompetent, that is socially inadequate
and occupationally incompetent and unable to
manage their own affairs.
b. mentally subnormal
c. retarded intellectually from birth or early age
d. retarded at maturity
e. mentally deficient as a result of constitutional
origin, through heredity or disease
f. essentially incurable
Classification of Mental Retardation
a. Custodial Group. Members of this classification are
severely or profoundly retarded, hence, the least
capable group. This include those with I.Q. is to 25.
b. Trainable Group. Members of this group consists of
those with I.Q. from about 25 to about 50; one who
belongs to this group shows a mental level and rate of
development which is 1/4 to 1/2 that of average child.
Is unable to acquire higher academic skills but can
usually acquire the basic skills for living to a
reasonable degree. He can likewise attain a primary
grade level of education if he receives effective
instructions.
c. Educable Group. This group’s IQ ranges from 50 to
about 75 and the intellectual development is
approximately 1/2 to 3/4 of that expected of a normal
child of the same chronological age. The degree of
success or accomplishment that they will reach in life
depends very much on the quality and type of
education that they will receive, as well on the
treatment at home and in the community.
d. Borderline or Low Normal Group. This is the highest
group of mentally retarded with IQs from about 75 to
about 89. The members of this classification are only
slightly retarded and they can usually get by in regular
classes if they receive extra care, guidance and
consideration.
Physically Handicapped Children. Are those who are
crippled, deaf-mute, blind or otherwise defective with
restricts their means of action or communication with
others.
Emotionally Disturbed Children. Although not afflicted
with insanity or mental defect, are unable to maintain
normal social relations with others and the community in
general due to emotional problems or complexes.
Mentally Ill Children. Are those with behavioral disorder,
whether functional or organic, which is of such degree of
severity as to require professional help or hospitalization.
Disabled Children. Shall include mentally retarded,
physically handicapped, emotionally disturbed and
severe mentally ill children.
REPUBLIC ACT 7610
Republic Act 7610 otherwise known as Special
Protection of Children Against Child Abuse, Exploitation
and Discrimination Act was approved on June 17, 1992.
A child refers to a person below eighteen (18) years
of age or one over said age and who, upon evaluation of
a qualified physician, psychologist or psychiatrist, is
found to be incapable of taking care of himself fully
because of a physical or mental disability or condition or
of protecting himself from abuse.
Child abuse is an act of deliberately inflicting
physical injuries upon a child. Unreasonable deprivation
of child’s basic needs, e.g. food, shelter or both that
could result to serious impairment of his/her growth/
development, incapacity or death. Any act which
debases or demeans the intrinsic with the dignity of the
child as human being is also considered as an abuse.
Types of Child Abuse
Physical Abuse/Maltreatment – Any act which
results in non-accidental physical injury and/or
unreasonable infliction of physical injury to a
child. Which includes but is not limited to
lacerations, fractures, severe beatings, slap with
full hands, kicking, inflicting burns, suffocating,
pinching, punching, shaking, hanging and other
similar acts. Also known as child battering.
Psychological abuse – any harm to
child’s emotional or intellectual
functioning, which includes but not
limited to cursing, belittling,
rejecting, using degrading words and
other similar acts.
Child Neglect – Any unreasonable deprivation of
child’s basic needs such as food, clothing, shelter,
education, medical and general care and
supervision by parents, guardians or custodians and
when they are forced to assume duties that are not
appropriate to their age and physique.
Sexual Abuse – is the involvement of the child in
sexual activity with an adult or any person older
or bigger in which for gratification of older
person’s needs or desires are achieved. It also
includes the employment, use, persuasion,
inducement, enticement, or coercion of a child to
engage in or assist another person to engage in
sexual intercourse or lascivious conduct or the
molestation, prostitution or incest with children.
Sexual Exploitation – Act involving children
whether male or female, who for money, profit or
any other consideration or due to coercion or
influence by an adult, syndicate or group, to
indulge in sexual intercourse or lascivious conduct.
It includes hiring, persuasion, inducement or
coercion of a child to perform obscene exhibitions
and indecent shows, whether live or in video, or to
pose or act as a model in obscene publications or
pornographic materials or to sell or distribute the
said materials.
Child Labor Exploitation - the act of employing, permitting
or allowing children below 15 years of age to suffer to
work in any public or private establishment where they are
not directly under the supervision of their parents, guardian
or the latter employ other workers apart from their children.
Examples of which are minors employed in hazardous
occupations like drivers, charcoal burners, stone splitters,
operators of farm machines and equipment, work in
slaughter houses, dockworks, lifting, handling and carrying
heavy loads as enumerated in DOLE Department Order No.
4.
Child Trafficking - the act of engaging in 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. Attempt to commit child
trafficking include the following:
When a child travels alone to a foreign country without
reason therefore and without clearance issued by the
DSWD or written permit or justification from the child’s
parents or legal guardian;
When a pregnant mother executes an affidavit or consent
for adoption for a consideration;
When a person, agency, establishment or child caring
institution recruits women or couples to bear children
for child trafficking;
When a doctor, hospital or clinic official or employee,
nurse, midwife, local civil registrar or any other
person simulates birth for the purposed of child
trafficking;
When a person engages in the act of finding children
among low-income families, hospitals, clinics,
nurseries, day care centers or other child caring
institutions who can be offered for the purpose of
child trafficking;
Recruitment of children for illegal employment.
Causes of Child Abuse and Neglect
Parents/adults may abuse children due to
ignorance, emotional maturity, stresses such as
marital or economic problems, a predisposition
toward maltreatment (perhaps as a result of
having been abuse, molested or neglected), a
lack of constructive outlets for tension, anger or
aggression, or poor impulse control. In addition,
parents and other adults may abuse children as
a result of mental disturbance, sexual perversion
and those under the influence of alcohol and
prohibited drugs.
These are the three factors leading to the
occurrence of abuse and neglect:
a. Parent Factors- characteristics of parents that
increase likelihood of abuse.
b. Child Factors - characteristics in the child that
increase likelihood of abuse.
c. Environment Factors - refers to the physical,
social, economic conditions creating crisis
situation that increases likelihood of abuse.
Child Abuser
A child abuser is any person regardless of age,
sex, race, creed or color who deliberately commits or
perpetuates any acts defined as constituting child
abuse. A child abuser is usually a person known or
trusted by the child – can be a family member, a
relative, neighbor, friend, teacher, baby sitter or child
care giver. He or she may also be a stranger to the
child. Study shows that most child abusers have been
victim of child abuse.
Republic Act 7658
known as an Act Prohibiting the
Employment of Children below 15
years of age in Public and Private
Undertakings. This law was
approved on November 9, 1993 and
took effect on November 24, 1993.
This law specifically emended
Section 12, Article VIII of RA 7610.
Children below fifteen (15) years of age shall not be
employed except:
a. When a child works directly under the sole
responsibility of his parents or legal custodian and
where only members of the employer’s family are
employed. Provided however, that his employment
neither endangers his life, safety, health and
morals, nor impair his moral development. The
parent or legal guardian shall provide that said
child with the prescribed primary and/or
secondary education.
b. Where a child’s employment or
participation in public entertainment
or information through cinema,
theater, radio or television is
essential but the employment
contract is concluded by the child’s
parent or legal guardian, with the
express agreement of the child
concerned, and if possible the
approval of Department of Labor and
Employment (DOLE).
Republic Act 8369
known as the Family Court Act of 1997.
This is an Act establishing Family
Courts, granting them exclusive
original jurisdiction over child and
family cases.
Republic Act 9262
AN ACT DEFINING VIOLENCE
AGAINST WOMEN AND THEIR
CHILDREN, PROVIDING FOR
PROTECTIVE MEASURES FOR
VICTIMS, PRESCRIBING
PENALTIES THEREFORE, AND
FOR OTHER PURPOSES
(a) Causing physical harm to the woman or
her child;
(b) Threatening to cause the woman or her
child physical harm;
(c) Attempting to cause the woman or her
child physical harm;
(d) Placing the woman or her child in fear
of imminent physical harm;
(e) Attempting to compel or compelling the
woman or her child to engage in conduct
which the woman or her child has the right
to desist from or desist from conduct which
the woman or her 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.
(f) Inflicting or threatening to inflict physical
harm on oneself for the purpose of controlling
her actions or decisions;
(g) 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;
(h) 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:
(1) Stalking or following the woman or her child in public
or private places;
(2) Peering in the window or lingering outside the residence
of the woman or her child;
(3) Entering or remaining in the dwelling or on the property
of the woman or her child against her/his will;
(4) Destroying the property and personal belongings or
inflicting harm to animals or pets of the woman or her child;
and
(5) Engaging in any form of harassment or violence;
(i) 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.
Protection Orders.- A protection order is an
order issued under this act for the purpose of
preventing further acts of violence against a
woman or her child specified in Section 5 of
this Act and granting other necessary relief.
The relief granted under a protection order
serve the purpose of safeguarding the victim
from further harm, minimizing any disruption
in the victim's daily life, and facilitating the
opportunity and ability of the victim to
independently regain control over her life
Barangay Protection Orders
(BPOs) refer to the protection
order issued by the Punong
Barangay ordering the
perpetrator to desist from
committing acts of violence
against women and children.
BPOs shall be effective for
fifteen (15) days
Temporary Protection Orders
(TPOs) refers to the protection order
issued by the court on the date of
filing of the application after ex parte
determination that such order should
be issued. A court may grant in a
TPO any, some or all of the reliefs
mentioned in this Act and shall be
effective for thirty (30) days.
Permanent Protection Order (PPO)
refers to protection order issued by
the court after notice and hearing. A
PPO shall be effective until revoked
by a court upon application of the
person in whose favor the order was
issued. The court shall ensure
immediate personal service of the
PPO on respondent.
Victim-survivors who are found by the courts to be
suffering from battered woman syndrome do not incur
any criminal and civil liability notwithstanding the
absence of any of the elements for justifying
circumstances of self-defense under the Revised Penal
Code.
In the determination of the state of mind of the woman
who was suffering from battered woman syndrome at
the time of the commission of the crime, the courts
shall be assisted by expert psychiatrists/ psychologists
CICL Rules in Relation to RA 9344
Republic Act 9344:
Juvenile Justice Welfare Act of
2006
Effectivity: May 20, 2006
IRR: September 19, 2006

Rule on Juveniles in Conflict with the

Law became effective on April 15,
2002
INITIAL CONTACT
Refers to the apprehension or
taking into custody of a CICL by law
enforcement officers or private
citizens
Includes the time when CICL
receives a subpoena or summons
from the prosecutor’s office
A private citizen who has taken into
custody or apprehended a CICL
must immediately refer the child to
the law enforcement officer for
proper investigation
PROCEDURE
FOR TAKING A CICL INTO CUSTODY:
Identify him/herself as a law enforcer to the CICL
(present proper identification)
Immediately notify child’s parents/guardians,
LSWDO, PAO of child’s apprehension not later
than 8 hours
Procedure…
Explain the ff: (in a language
understood by him)
Reason for apprehension
Crime allegedly committed
Constitutional rights
Determine immediately the age of the
child
Take the child immediately for a
thorough physical and mental
examination
Procedure…
Turn over custody of the child to the LSWDO or
accredited NGO immediately but not later than
8 hours
If child is below age of criminal responsibility,
immediately release the child to his/her parents
The turnover of children below the age of criminal
responsibility to parents notwithstanding, the law
enforcement officer shall proceed with the initial
investigation, where appropriate.
A CICL shall only be searched by a law
enforcement officer of the same gender
INITIAL INVESTIGATION
the stage after initial contact when
the law enforcement officer takes
the statement of the CICL.
To be conducted by a law
enforcement officer from the
Women and Children Protection
Desk
Initial Investigation…
Child’s statement during investigation,
conducted in the presence of counsel of choice
or PAO lawyer, parents/guardian/nearest
relative, LSWDO.

In the absence of parents/guardian/nearest

relative & LSWDO, investigation in the
presence of an NGO rep. Or faith-based group
or a member of the BCPC
HOW CICL’S STATEMENT
TAKEN
Friendly & non-intimidating manner

In a separate interview room

To make child feel comfortable and
freely express himself

Use of simple and understandable

language
Initial Investigation…
Allow the LSWDO, or the persons taking
his/her place as above enumerated, to
actively assist in conducting the initial
investigation.

Ensure privacy to avoid unnecessary

interruptions, distractions and/or participation
from non-parties that could humiliate or make
the child uncomfortable.
Initial Investigation…
The written statement to be
prepared shall reflect the
language used by the child and
not the language used by the
law enforcement officer.
SIGNING OF STATEMENTS
all statements signed or thumbmarked by
the child during investigation
shall be witnessed by the child’s parents or
guardian, the LSWDO, or if not present, any
other social worker, or counsel in
attendance, who shall affix his/her signature
to the said statement.
After signing...
Afterwards, refer the child who
is above fifteen (15) years of
age but below eighteen (18)
years of age to the LSWDO for
an assessment if the child acted
with discernment
After signing…
Transmit the following records of the child to
the LSWDO:
Written statement of the child;
Other pertinent records such as the documents
showing the basis for the determination of the age
of the child;
Medical report if available; and
All other records that may assist the LSWDO in
making an assessment if the child acted with
discernment.
DISCERNMENT
By the LSWDO at initial
investigation by law enforcement
By Court who shall make a final
determination
To be proven by the prosecution
On Discernment…
The LSWDO shall, as part of the initial
investigation, assess if the child acted with
discernment and make the necessary
recommendation to the law enforcement officer
on the basis of said assessment.
The law enforcement officer shall consider the
assessment made by the LSWDO in preparing
the report of the initial investigation and in
deciding where to refer the case of the child.
DETERMINATION OF AGE
Presumption of Minority/ has rights of CICL
until proven 18 years old or older
Birth certificate, baptismal certificate, other
pertinent documents (school records)
In the absence: Information from child,
physical appearance, testimonies of other
persons or other relevant evidence
REPORT ON INITIAL
INVESTIGATION
Record the ff:
Use of handcuffs, Instruments of
restraint / Notice to Parents, DSWD,
PAO / Measures taken to determine
age / Ensure statements signed by
child witnessed by Parents, Guardian,
Social Worker, or Legal Counsel /
Search on child conducted by officer of
same gender
WHERE THE CASE SHALL BE
REFERRED
The LSWDO for intervention
if the child is Fifteen (15) years old or
below; or
Above 15 but below 18 years of age and
acted without discernment.
Diversion under the:
 Law enforcement officer
 LSWDO
The prosecutor or judge
TURNOVER OF CUSTODY
Within eight (8) hours from apprehension
Turn over the physical custody of the child to the
LSWDO
even if all measures to determine the age of the
child has not been exhausted
even if the initial investigation has not yet been
terminated.
On Turnover…
The LSWDO shall then explain to
the child and the child’s
parents/guardians the
consequences of the child’s act with
a view towards counseling and
rehabilitation, diversion from the
criminal justice system, and
reparation, if appropriate
On Turnover…
In the event a child whose custody is turned
over by the law enforcement officer is fifteen
(15) years old or below, the LSWDO shall
take all measures to release the child to the
parents or guardians, or to any of the persons
or organizations and proceed with the
development of appropriate programs
PENDING TURNOVER OF
CUSTODY
as in cases when the child is apprehended at
night time or during weekends
ensure that the child shall be temporarily secured
in an area separate from that of the opposite sex
and adult offenders and not put in the detention
cell or jail
MAINTAIN CONFIDENTIALITY
AND PRIVACY
Use a system of coding
Maintain a separate logbook for CICL
Exclude the public, particularly the media, from
the area where the child is being held in custody
Not provide any detail or information to the public,
particularly the media, that shall lead to the
identity of the child;
On Confidentiality…
Keep the results of the medical examination
confidential; and
Mark the records of the child and the report on
the initial investigation as confidential.
 PROHIBITED ACTS WHEN IN
CUSTODY OF CHILD
Detention
Search by an officer of the opposite sex
Contact with adult offenders and offenders of
opposite sex
Vulgar language
Display and use of instruments of force or restraint
Violence or unnecessary force
INTERVENTION PROGRAM
A series of activities designed to address issues
that caused the child to commit an offense
The JJWC shall develop a 3 to 5-year National
Intervention Progra
The LGUs shall develop a 3-year Local
Intervention Program
WHO SHALL UNDERGO
INTERVENTION?
Children who are exempt from Criminal
Responsibility
15 years old and below
Above 15 but less than 18 yrs. old who acted without
discernment
Those who committed status offenses

Not exempt from civil liability which is borne by

parents
Procedure
Below 15 taken into custody, Authority with initial
contact to a child below 15 years old must
immediately release him/her to parents, BCPC,
LSWDO
With Notice to LSWDO to determine appropriate
programs with child, parents
if D-A-N (dysfunctional family, abandoned,
neglected),
Child does not comply with intervention, LSWDO
files for Involuntary Commitment
DIVERSION
An alternative, child-appropriate process of
determining the responsibility and treatment of a
CICL
Based on his/her social, cultural, economic,
psychological or educational background
WITHOUT resorting to formal court proceedings
WHO UNDERGOES
DIVERSION?
CICL above fifteen (15) years but below
eighteen (18) years of age who acted
with discernment
Children who are 15 years old and
below who allegedly committed an
offense
Diversion is the same a Tertiary
Intervention
VENUES OF DIVERSION
Barangay, Police, Prosecutor Level
If offense has imposable penalty of not
more than six (6) years of imprisonment
Court
If the imposable penalty of more than six (6)
years of imprisonment
KATARUNGAN PAMBARANGAY
LEVEL
Conducted by the Lupon Tagapamayapa,
chaired by the Punong Barangay, with the
assistance of the members of the BCPC

Punong Barangay shall conduct mediation /

family conferencing / conciliation / adopt
indigenous modes of conflict resolution
Barangay Level…
Absence of the offended party or his/her
disagreement in its conduct shall not prevent
the proceedings from being conducted.

The Punong Barangay shall, however,

endeavor to obtain the participation and the
consent of the offended party in the
formulation of the diversion program.
Barangay Level…
Objectives: restorative justice / formulation of a
diversion program

Child and his/her family shall be present in the

conduct of these diversion proceedings

Offended party may participate in the diversion

proceedings
Contract of Diversion
Child voluntarily admits commission of the act

Victim and offender must both agree to diversion

Diversion Program
must be in writing signed by parties & concerned
authorities
Local Social Welfare Officer
implements/supervises the Diversion Program
Diversion proceedings to be completed in 45
days
On Diversion Program…
Child must present himself/herself at least once a
month for reporting & evaluation

Failure to comply w/ the terms and conditions of

DP as certified by the LSWDO, victim has the
option to institute appropriate legal action
Formulation of the Diversion
Program
An individualized treatment
Consider the following factors:
Child’s feelings of remorse for the offense he/she
committed
Parents’ or legal guardians’ ability to guide and
supervise the child
Victim’s view about the propriety of the measures to be
imposed, and
Availability of community-based programs for
rehabilitation and reintegration of the child
Kinds of Diversion Program
Level of Punong Barangay
Restitution of property
Reparation of the damage caused
Indemnification for consequential damages
Written or oral apology
Care, guidance and supervision ordersCounseling for
the CICL and the child’s family
Attendance in trainings, seminar and lectures on: anger
management skills, problem solving and/or conflict
resolution skills, values formation, other skills in dealing
w/ situations which can lead to repetition
Barangay Level…
Participation in available community-based
programs including community service
Participation in education, vocation and life skills
programs
LAW ENFORCEMENT &
PROSECUTION LEVEL

Law Enforcement Officer & Prosecutor:

Diversion programs previously specified
Confiscation and forfeiture of the proceeds or
instruments of the crime
COURT LEVEL
Court
Diversion programs previously specified
Written or oral reprimand or citation
Fine
Payment of cost of the proceedings
Institutional care and custody
Conditions for Diversion
Children’s rights and legal safeguards in general
must always be fully respected
Victims and offenders must both agree to
diversion
The case must be referred to a normal court
system if no solution acceptable to all parties can
be reached
WHEN CICL FOUND GUILTY
Determine Civil Liability
Instead of pronouncing judgment of conviction,
automatic suspension of sentence ‘ full credit of
time in detention, actual confinement / other
disposition measures under SC Rule on JICL
DISCHARGE
On recommendation of SW with custody of Child,
Court dismisses Case, Orders Final Discharge of
CICL if Objectives of disposition measures
fulfilled
Discharge not affect civil liability enforced in
accordance with law
CONFIDENTIALITY OF
RECORDS, PROCEEDINGS
Non-disclosure of records to media / separate
police blotter / coding to conceal identity / non-
use of records in other proceedings except
beneficial to CICL with written consent / no
liability of child for perjury not disclosing being
CICL
Rehabilitation
Community-based, Center-based
Court Order, hearing required for admission
Gender Sensitivity Training for Personnel
Separate Facilities from Adults
Competency, Life Skills Development / socio-
cultural, Recreational Activities / Community
Volunteer Projects / Leadership Training
Special Attention for female CICL (All-Female
Team) Separate from male
Social, Home Life, Health Services / Spiritual
Enrichment / Community, Family Welfare Services
Return to Court for Execution of
Judgment
For failure to comply with disposition, rehabilitation
conditions
CICL reached 18 under suspended sentence:
Court orders discharge, execute sentence, extend
rehabilitation until maximum of 21 years old
CENTERS (24-HOUR GROUP
CARE)
Youth Rehabilitation / Training Centers (must have
registers) – established by DSWD
Youth Detention Homes – by LGUs or Licensed,
Accredited NGOs
Sharing of Costs (1/3 Municipal – Provincial –
National) For Care, Maintenance of CICL
COMMUNITY-BASED PROGRAMS
(DIRECT SERVICE)

Prevents Disruption of education, separation of

child from family
Facilitates Rehabilitation and Reintegration
To minimize stigma to child
Each LGU to establish program
AFTERCARE
CICLs whose cases were dismissed due to good
behavior as recommended by SW
Discharge from rehabilitation center
Provided aftercare for at least 6 months by
LSWDO
 Republic Act No. 10630
Published: October 3, 2013. Latest update: October 8, 2013.

AN ACT STRENGTHENING THE

JUVENILE JUSTICE SYSTEM IN THE
PHILIPPINES, AMENDING FOR THE
PURPOSE REPUBLIC ACT NO. 9344,
OTHERWISE KNOWN AS THE
“JUVENILE JUSTICE AND WELFARE
ACT OF 2006” AND APPROPRIATING
FUNDS THEREFOR
Child at Risk- Children in
refers to a child Conflict with the
Law (CICL)-
who is vulnerable
refers to a child
to and at the risk of
who is alleged as,
committing criminal
accused of, or
offenses because
adjudged as,
of personal, family
having committed
and social
an offense under
circumstance.
Philippine laws.
 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 nongovernment 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
awaiting court disposition of their cases or
transfer to other agencies or jurisdiction.
Features of Pag-asa
intensive juvenile The team will work on
intervention and support the individualized
center
intervention plan with
A multi-disciplinary team
1. social worker the child and the
2. Psychologist child’s family.
mental health
professional
3. medical doctor
4. educational/
guidance
counselor
5. BCPC
 SEC. 6. Minimum Age of Criminal
Responsibility

a child fifteen (15) years of age or

under at the time of the commission
of the offense shall be exempt from
criminal liability. However, the child
shall be subjected to an
intervention program pursuant to
Section 20 of this Act.
 Intervention
individualized
treatment program
Counseling
Skills training
 refers to a series Education
Other activities that
of activities which will enhance his/her
are designed to psychological,
address issues that emotional &
caused the child to psychosocial well
commit an offense. being
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 in accordance with this
Act.
 Discernment

is the mental capacity to

understand the difference between
right and wrong and its
consequences.
The exemption from criminal
liability herein established does
not include exemption from civil
liability, which shall be enforced
in accordance with existing
laws.”
SEC. 20-A. Serious Crimes Committed by Children Who
Are Exempt From Criminal Responsibility.

Parricide
A child Murder
above 12 Infanticide
yrs up to Kidnapping & serious illegal detention
15yrs old- were the victims killed or raped robbery,
shall with homicide or, destruction arson, or
commits rape, carnaping where the driver or
occupant is killed or rape or offenses under
RA 9165- Dangerous Drugs
Punishable by more than 12 yrs of
imprisonment
shall be deemed a neglected child under
Presidential Decree No. 603, as amended, and
shall be mandatorily placed in a special facility
within the youth care faculty or ‘Bahay Pag-
asa’ called the Intensive Juvenile Intervention
and Support Center (IJISC).
SEC. 20-B. Repetition of Offenses

a child the child’s parents or guardians shall

execute a written authorization for the
above 12 voluntary commitment of the child
yrs up to
15yrs old- if the child has no parents or guardians
or if they refuse or fail to execute the
shall written authorization for voluntary
commits commitment, the proper petition for
an offense involuntary commitment shall be
immediately filed by the DSWD or the
for the 2nd LSWDO pursuant to Presidential Decree
time No. 603, as amended.
SEC. 20-C. Exploitation of Children for
Commission of Crimes

Any person who, in the commission of a crime,

makes use, takes advantage of, or profits from
the use of children, including any person who
abuses his/her authority over the child or who,
with abuse of confidence, takes advantage of the
vulnerabilities of the child and shall induce,
threaten or instigate the commission of the
crime, shall be imposed the penalty prescribed
by law for the crime committed in its maximum
period.”
 SEC. 20-E. Assistance to Victims of Offenses
Committed by Children

the victim of the offense

committed by a child and the
victim’s family shall be provided
the appropriate assistance and
psychological intervention by the
LSWDO, the DSWD and other
concerned agencies
 SEC. 57. Status Offenses

any conduct not

considered an offense Example are:
or not penalized if
committed by an adult Curfew
shall not be considered truancy
an offense and shall not Parental disobedience
be punished if And the like
committed by a child.”
 QUESTIONS?

rrnc/2012
 Thank you very much!

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