1 REPUBLIC ACT NO. 9344 “ AN ACT EST ABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM, CREATING THE JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT OF JUSTICE APPROPRIATING FUNDS THEREFORE AND OTHER PURPOSES” OR THE JUVENILE JUSTICE AND WELFARE ACT of 2006 ALICIA R. BALA Undersecretary, Policy and Programs Group Chair, Juvenile Justice and Welfare Council PASWI Davao City Chapter Annual Convention Grand Menseng Hotel, Davao City
Transcript
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REPUBLIC ACT NO. 9344 “ AN ACT ESTABLISHING A COMPREHENSIVE
JUVENILE JUSTICE AND WELFARE SYSTEM,CREATING THE JUVENILE JUSTICE AND
WELFARE COUNCIL UNDER THE
DEPARTMENT OF JUSTICE APPROPRIATINGFUNDS THEREFORE AND OTHERPURPOSES” OR THE JUVENILE JUSTICE
AND WELFARE ACT of 2006
ALICIA R. BALAUndersecretary, Policy and Programs Group
Chair, Juvenile Justice and Welfare Council
PASWI Davao City Chapter Annual ConventionGrand Menseng Hotel, Davao City
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Coverage
Different stages involving children at
risk and child in conflict with the law(CICL) from prevention torehabilitation and reintegration
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Juvenile Justice and Welfare System – refers to a system dealing with childrenat risk and children in conflict with thelaw, which provides child appropriateproceedings, including programs andservices for prevention, diversion,rehabilitation, reintegration and
aftercare to ensure their normal growthand development
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Principle which requires a process ofresolving conflicts with the maximum
involvement of the victim, the offenderand the community. It seeks to obtainreparation for the victim; reconciliationof the offender, the offended and the
community; and reassurance to theoffender that he/she can be reintegratedinto society.
RESTORATIVE JUSTICE
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LIBERAL CONSTRUCTION
In case of doubt, the interpretation ofany of the provisions of this Act,
including its implementing rules andregulations (IRR), shall be construedliberally in favor of the child in conflictwith the law.
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Minimum Age of
Criminal Liability Exemption for those 15 years of age
or younger. However, the child shall
be subjected to an interventionprogram.
Conditional exemption for those above15 and below 18 years of age (unlessshown to have acted withdiscernment)
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Juvenile Justice and WelfareCouncil (JJWC)
Creation of Juvenile Justice and Welfare Council chairedby DSWD and under the administrative supervision of theDOJ
Composition of JJWC
Department of Justice (DOJ); Department of Social Welfare and Development
(DSWD); Council for the Welfare of Children (CWC);
Department of Education (DepEd); Department of the Interior and Local Government
(DILG); Commission on Human Rights (CHR); National Youth Commission (NYC); and Two (2) representatives from non-government
organizations
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Sectors involved in the Preventionof Juvenile Delinquency
Family
Educational System
Mass Media
Local Councils for the Protection of Children (LCPC)
Establishment and strengthening of LCPCs
1% of the internal revenue allotment of thebarangays, municipalities and cities shall beallocated for the strengthening and
implementation of the LCPC Local Social Welfare Officer – All LGUs shall appoint
a duly licensed social worker as its local socialwelfare and development officer to assist CICL
Sangguniang Kabataan
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Local Comprehensive JuvenileIntervention Program
A comprehensive juvenile intervention programcovering a 3-year period shall be instituted inLGUs from the provincial to the barangay
level.
LGUs shall set aside an amount necessary toimplement their respective juvenile intervention
programs in their annual budget.
Implementation of the comprehensive juvenileintervention program shall be reviewed andassessed annually by LGUs.
Treatment of Children Below theAge of Criminal Responsibility
Immediately release the child to the custody ofhis/her parents/guardians/nearest relative
Give notice to the local social welfare and
development officer to determine the appropriateprograms
In the absence of parents/guardians or nearestrelative the child maybe released to the following: Duly registered NGO or religious organization; Barangay official or a member of BCPC; Local social welfare and development officer; DSWD, when and where appropriate
Immediately after being notified of the apprehensionof the child fifteen (15) years old or below, theLSWDO shall:
1.Prepare a case study report on the child; and
1.Determine the appropriate intervention andprevention programs in consultation with the childand the person having custody over the child.
The LSWDO shall also determine if the child isabandoned, neglected or abused by his/her parentsfor purposes of filing a petition for involuntarycommitment if necessary.
If the safety of the child is in danger in view of the
alleged commission of the offense, the LSWDO shallencourage the parent or guardian of the child torequest for temporary custody of the child to theDSWD or licensed and accredited NGOs.
In the event the parent or guardian does not agree tothe request for temporary custody of the child, theLSWDO shall carefully review the case of the childand file a petition for involuntary commitment whensanctioned by law, in accordance with P.D. 603 andthe SC Rule on Commitment of Children.
The child in conflict with the law who is abovefifteen (15) but below eighteen (18) years of ageshall be exempt from criminal responsibility,
unless he/she acted with discernment. Beingexempt, the child shall be dealt with in the samemanner as a child who is below the age ofcriminal responsibility.
If the child in conflict with the law is abovefifteen (15) years old but below eighteen (18)years of age acted with discernment, the childshall proceed to diversion.
The LSWDO, after the law enforcementofficer refers the records of a child who is
fifteen (15) years old or above but beloweighteen (18) years old, shall prepare areport indicating an assessment if the childacted with discernment for the purpose of
determining whether to proceed withintervention or with diversion.
The LSWDO shall consider only factors that indicate
if the child acted with discernment and notindicators of premeditation or intention to committhe alleged offense. The LSWDO shall be furtherguided by procedures to be prescribed by the DSWD
in making an assessment of the presence orabsence of discernment.
The LSWDO shall endeavor continuously be updatedwith latest trends in conducting psychosocial
analyses of children and research on factorsaffecting the behavior of children in conflict with thelaw.
The child in conflict with the law shall undergodiversion proceedings if he/she:
1. Is above fifteen (15) years but below eighteen(18) years of age;2. Acted with discernment; and3. Allegedly committed an offense with an imposable
penalty of not more than six (6) years of
imprisonment if diversion is conducted at thebarangay, police or prosecutor’s level, and notmore than twelve (12) years of imprisonment, ifdiversion is resorted to by the court.
If the imposable penalty for the offense committed is not morethan six (6) years of imprisonment, diversion may be conducted
at the:
1. Katarungang Pambarangay level under the PunongBarangay;
2. Police investigation stage under the law enforcement
officer; or3. Inquest or preliminary investigation stage under the
prosecutor.
If the offense with the imposable penalty of not more than six
(6) years imprisonment is a victimless crime, the diversionproceedings shall be conducted by the LSWDO in coordinationwith the BCPC.
If the imposable penalty for the offense committed exceeds six(6) years of imprisonment but not more than twelve (12) yearsof imprisonment, diversion may resorted to only by the court.
Rule 45.a. When diversion is conducted at the LSWDOlevel
Diversion shall be conducted at the level of the LSWDOwhen after the conduct of initial investigation, the lawenforcement officer determines that the child is above
15 but below 18 years of age, acted with discernmentand allegedly committed a victimless crime where theimposable penalty is not more than six (6) years ofimprisonment.
Rule 45.b. Nature of proceedings
The LSWDO shall meet with the child and his/herparents or guardians for the development of theappropriate diversion and rehabilitation program, in
coordination with the BCPC.
RULE 45. Diversion at the level of the LSWDO incase of victimless crimes
Camp and other Training Facilities Rehabilitation of CICL
Under the supervision and guidance of theLSWDO in coordination with his/her parents
Youth Rehabilitation Center The DSWD shall establish a Youth
Rehabilitation Center in each region of thecountry. The center shall provide 24-hourgroup care, treatment and rehabilitation
services under the guidance of trained staffwhere resident are cared for under a structuredtherapeutic environment with the end in viewof reintegrating them into their families andcommunities
Those cases dismissed by the proper courtbecause of good behavior as per
recommendation of DSWD social workerand/or any accredited NGO shall be providedafter-care services by the social welfare anddevelopment officer for at least six (6)
months. The service includes counseling andother community-based services designed tofacilitate social reintegration, prevent re-offending and make the children productivemembers of the community.
After-Care Support Services forChildren in Conflict with the Law
Republic Act No. 9344 or the Juvenile Justice and Welfare Actof 2006 provides a paradigm shift from retributive torestorative justice giving emphasis on rehabilitating the CICLrather than punishing him/her.
The law provides CICL the opportunity and chance thrualternative child-appropriate measures to reform and be
reintegrated to the family and community.
With the law’s totally new and different approach in themanagement of CICL, it is necessary to provide the socialworkers with a common frame of reference to effectively
carry out their mandate.
The guidelines shall cover the procedures for social workersto undertake in providing interventions and diversionprograms to rehabilitate and eventually reintegrate CICL with
his/her family and into the mainstream of society.
1. Immediately release the child to his/her parents.
2. Upon receipt of referral, not exceeding one weekif possible, prepare an assessment report on theabsence or presence of discernment in thecommitment of the crime.
If victim is minor, another social worker shouldhandle the case.
If outside jurisdiction, endorsement to the otherLGU social should be accompanied by completesupporting documents
a. Explain intent clearly to the child, his/her familyand the victim, if present.
b. Clearly emphasize benefits to the CICL.
c. Observe confidentiality.
d. Encourage CICL to express himself/herselfespecially when deciding on the appropriatediversion programs.
e. Consider religious belief, cultural orientation,intellectual and physical ability, financial situationof the CICL’s family and similar concerns inchoosing a diversion program
f. Use language and expressions that are easilyunderstood by the CICL and are child-friendly.
g. Allow CICL to read diversion contract beforesigning.
h. Schedule of diversion proceedings not to interfere
with the CICL’s attendance to school and shallensure that he/she understands it.
i. The diversion proceedings shall be completed
within 45 days upon submission of the case fordiversion. When no agreements are reached after45 days, the proceedings shall be terminated.The case shall then be filed according to regularprocess
1. Assess the needs and circumstances with focuson the following:
a. Physical and psychosocial well-being
b. Perceptions and feelings to presentsituation/problem and other significant events
in his/her life.
c. What has been or could be done about thesituation of the child.
d. Parents’ parenting capability, roles andfunctions of family members, behaviorcontrol/problem-solving patterns for handlingconflict situation/social interaction.
