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REPUBLIC ACT NO. 9344REPUBLIC 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 APPROPRIATING

FUNDS THEREFORE AND OTHER PURPOSES” OR THE JUVENILE JUSTICE AND

WELFARE ACT of 2006

ALICIA R. BALAUndersecretary, Policy and Programs GroupChair, Juvenile Justice and Welfare Council

PASWI Davao City Chapter Annual ConventionGrand Menseng Hotel, Davao City

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CoverageCoverage

Different stages involving children at Different stages involving children at risk and child in conflict with the law risk and child in conflict with the law (CICL) from prevention to rehabilitation (CICL) from prevention to rehabilitation and reintegrationand reintegration

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Juvenile Justice and Welfare SystemJuvenile Justice and Welfare System – – refers to a system dealing with children refers to a system dealing with children at risk and children in conflict with the at risk and children in conflict with the law, which provides child appropriate law, which provides child appropriate proceedings, including programs and proceedings, including programs and services for prevention, diversion, services for prevention, diversion, rehabilitation, reintegration and rehabilitation, reintegration and aftercare to ensure their normal growth aftercare to ensure their normal growth and developmentand development

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Principle which requires a process of Principle which requires a process of resolving conflicts with the maximum resolving conflicts with the maximum involvement of the victim, the offender involvement of the victim, the offender and the community. It seeks to obtain and the community. It seeks to obtain reparation for the victim; reconciliation reparation for the victim; reconciliation of the offender, the offended and the of the offender, the offended and the community; and reassurance to the community; and reassurance to the offender that he/she can be reintegrated offender that he/she can be reintegrated into society.into society.

RESTORATIVE JUSTICERESTORATIVE JUSTICE

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LIBERAL CONSTRUCTIONLIBERAL CONSTRUCTION

In case of doubt, the interpretation of any of the provisions of this Act, including its implementing rules and regulations (IRR), shall be construed liberally in favor of the child in conflict with the law.

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Minimum Age of Minimum Age of Criminal LiabilityCriminal Liability

Exemption for those 15 years of age or Exemption for those 15 years of age or younger. younger. However, the child shall be subjected to an intervention program.

Conditional exemption for those above Conditional exemption for those above 15 and below 18 years of age (unless 15 and below 18 years of age (unless shown to have acted with shown to have acted with discernment)discernment)

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Juvenile Justice and Welfare Juvenile Justice and Welfare Council (JJWC)Council (JJWC)

Creation of Juvenile Justice and Welfare Council chaired by DSWD and under the administrative supervision of the DOJ

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 Prevention of 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 the

barangays, municipalities and cities shall be allocated for the strengthening and implementation of the LCPC

Local Social Welfare Officer – All LGUs shall appoint a duly licensed social worker as its local social welfare and development officer to assist CICL

Sangguniang Kabataan

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Local Comprehensive Juvenile Intervention Program

A comprehensive juvenile intervention program covering a 3-year period shall be instituted in LGUs from the provincial to the barangay level.

LGUs shall set aside an amount necessary to implement their respective juvenile intervention programs in their annual budget.

Implementation of the comprehensive juvenile intervention program shall be reviewed and assessed annually by LGUs.

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Community-based Programs on Juvenile Justice and Welfare

Shall be instituted by the LGUs through the LCPC, schools, youth organizations and other concerned agencies;

Levels of community-based programs

Primary – includes general measures to promote social justice and equal opportunity

Secondary – includes measures to assist children at risk;

Tertiary – includes measures to avoid unnecessary contact with the formal justice system and other measures to prevent re-offending

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Treatment of Children Below the Age of Criminal Responsibility

Immediately release the child to the custody of his/her parents/guardians/nearest relative

Give notice to the local social welfare and development officer to determine the appropriate programs

In the absence of parents/guardians or nearest relative 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

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Immediately after being notified of the apprehension of the child fifteen (15) years old or below, the LSWDO shall:

1. Prepare a case study report on the child; and

1. Determine the appropriate intervention and prevention programs in consultation with the child and the person having custody over the child.

The LSWDO shall also determine if the child is abandoned, neglected or abused by his/her parents for purposes of filing a petition for involuntary commitment if necessary.

Rule 31.c. Duty of the Local Social Worker

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If the safety of the child is in danger in view of the alleged commission of the offense, the LSWDO shall encourage the parent or guardian of the child to request for temporary custody of the child to the DSWD or licensed and accredited NGOs.

In the event the parent or guardian does not agree to the request for temporary custody of the child, the LSWDO shall carefully review the case of the child and file a petition for involuntary commitment when sanctioned by law, in accordance with P.D. 603 and the SC Rule on Commitment of Children.

Rule 31.c. Duty of the local social worker

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Above the Age of Criminal Responsibility

The child in conflict with the law who is above fifteen (15) but below eighteen (18) years of age shall be exempt from criminal responsibility, unless he/she acted with discernment. Being exempt, the child shall be dealt with in the same manner as a child who is below the age of criminal responsibility.

If the child in conflict with the law is above fifteen (15) years old but below eighteen (18) years of age acted with discernment, the child shall proceed to diversion.

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The LSWDO, after the law enforcement officer refers the records of a child who is fifteen (15) years old or above but below eighteen (18) years old, shall prepare a report indicating an assessment if the child acted with discernment for the purpose of determining whether to proceed with intervention or with diversion.

Rule 34.b. Initial assessment of discernment

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In making an assessment if the child who is above fifteen (15) years but below eighteen (18) years of age acted with discernment, the LSWDO shall take into consideration:

1. All the facts and circumstances of the case;

2. The educational level and performance of the child in conflict with the law;

3. The appearance, attitude, comportment and behavior of the child in conflict with the law, before, during and after the commission of the offense.

Rule 34.c. Basis for Assessment of Discernment

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The LSWDO shall consider only factors that indicate if the child acted with discernment and not indicators of premeditation or intention to commit the alleged offense. The LSWDO shall be further guided by procedures to be prescribed by the DSWD in making an assessment of the presence or absence of discernment.

The LSWDO shall endeavor continuously be updated with latest trends in conducting psychosocial analyses of children and research on factors affecting the behavior of children in conflict with the law.

Rule 34.c. Basis for Assessment of Discernment

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Diversion Program, where appropriate

The child in conflict with the law shall undergo diversion 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 the barangay, police or prosecutor’s level, and not more than twelve (12) years of imprisonment, if diversion is resorted to by the court.

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If the imposable penalty for the offense committed is not more than six (6) years of imprisonment, diversion may be conducted at the:

1. Katarungang Pambarangay level under the Punong Barangay;

2. Police investigation stage under the law enforcement officer; or

3. 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 diversion proceedings shall be conducted by the LSWDO in coordination with the BCPC.

If the imposable penalty for the offense committed exceeds six (6) years of imprisonment but not more than twelve (12) years of imprisonment, diversion may resorted to only by the court.

Where diversion may be conducted

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Rule 45.a. When diversion is conducted at the LSWDO level

Diversion shall be conducted at the level of the LSWDO when after the conduct of initial investigation, the law enforcement officer determines that the child is above 15 but below 18 years of age, acted with discernment and allegedly committed a victimless crime where the imposable penalty is not more than six (6) years of imprisonment.

Rule 45.b. Nature of proceedings

The LSWDO shall meet with the child and his/her parents or guardians for the development of the appropriate diversion and rehabilitation program, in coordination with the BCPC.

RULE 45. Diversion at the level of the LSWDO in case of victimless crimes

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Rehabilitation and Reintegration

Court Order required Separate facilities from adults Separate facilities for female children Gender Sensitivity Training Establishment of Youth Detention Homes Care and Maintenance of CICL

In case parents cannot pay maintenance expenses Municipality where the offense was

committed shall pay 1/3 of the expenses Province to which municipality belongs –

1/3 1/3 by the national government Chartered Cities shall pay 2/3

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Rehabilitation and Reintegration

Confinement of Convicted Children in Agricultural Camp and other Training Facilities

Rehabilitation of CICL Under the supervision and guidance of the

LSWDO in coordination with his/her parents Youth Rehabilitation Center

The DSWD shall establish a Youth Rehabilitation Center in each region of the country. The center shall provide 24-hour group care, treatment and rehabilitation services under the guidance of trained staff where resident are cared for under a structured therapeutic environment with the end in view of reintegrating them into their families and communities

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Those cases dismissed by the proper court because of good behavior as per recommendation of DSWD social worker and/or any accredited NGO shall be provided after-care services by the social welfare and development officer for at least six (6) months. The service includes counseling and other community-based services designed to facilitate social reintegration, prevent re-offending and make the children productive members of the community.

After-Care Support Services for Children in Conflict with the Law

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Rationale Republic Act No. 9344 or the Juvenile Justice and Welfare Act

of 2006 provides a paradigm shift from retributive to restorative justice giving emphasis on rehabilitating the CICL rather than punishing him/her.

The law provides CICL the opportunity and chance thru alternative child-appropriate measures to reform and be reintegrated to the family and community.

With the law’s totally new and different approach in the management of CICL, it is necessary to provide the social workers with a common frame of reference to effectively carry out their mandate.

The guidelines shall cover the procedures for social workers to undertake in providing interventions and diversion programs to rehabilitate and eventually reintegrate CICL with his/her family and into the mainstream of society.

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Coverage

These procedures shall apply to social workers of the following:

1. Department of Social Welfare and Development (DSWD)

1. City/Municipal Social Welfare and Development Offices (C/MSWDO)

1. DSWD licensed and accredited non-government organizations (NGOs)

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For CICL 15 years old and below

1. Immediately turn-over the child to his/her parents.

2. Upon receipt of referral, conduct an assessment as basis for actions

• If victim is minor, another social worker should handle the case

• If outside jurisdiction, endorsement to the other LGU social should be accompanied by complete supporting documents

2. File a petition for involuntary commitment to court if:• abandoned, neglected or abused by the parents or

guardians• there is a threat to the safety of the child but parents

refuse to provide custody• Parents refuse to comply with the intervention

program

Procedure . . .

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3. Within one week prepare a social case study report (SCSR)

4. Provide intervention programs

5. Monitor the child’s compliance and response to the intervention program.

• Require the CICL and his/her parents to report to his/her office.

• Mobilization of community volunteers• Home / School visit

6. Terminate provision of interventions once assessed to have achieved desired changes in his/her behavior.

Procedure . . .

15 years old and below

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For CICL above 15 but below 18 years of age

1. Immediately release the child to his/her parents.

2. Upon receipt of referral, not exceeding one week if possible, prepare an assessment report on the absence or presence of discernment in the commitment of the crime.

If victim is minor, another social worker should handle the case.

If outside jurisdiction, endorsement to the other LGU social should be accompanied by complete supporting documents

Procedure . . .

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3. Submit the report to the law enforcement officer.

If without discernment, manage the case similar to that of a 15-year old or below CICL.

If with discernment, victimless, penalty not exceeding six years of imprisonment, the following shall be undertaken:

a. Determine if diversion is appropriate and desirable

Procedure . . .

above 15 but below 18 years old

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Procedure . . .

above 15 years but below 18 years of age

b. If diversion is inappropriate and undesirable, issue a certification and refer case to the prosecutor.

If prosecutor diverts the case, social worker assists in the proceedings.

If prosecutor submits case to court for trial, the social worker recommends release on recognizance, custody supervision or post bail.

If not possible, recommend the child’s transfer to a youth detention home or rehabilitation center.

c. If diversion appropriate and desirable, develop an appropriate diversion program

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Procedure . . .

For CICL above 15 years but below 18 years of age

4. When agreements have been reached, the child and his/her parents together with the C/MSWDO shall sign a diversion contract containing all actions to be undertaken by all parties.

5. C/MSWDO to implement diversion program with the assistance of the community.

6. Come up with a system of monitoring compliance of CICL and his parents to the diversion contract.

7. If CICL fails to comply with the diversion contract, certify that there is failure to the contract and refer case to prosecutor.

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Procedure . . .

For CICL above 15 years but below 18 years of age

In cases where there are victims, the LSWDO shall only supervise the conduct of diversion which shall be handled either by the BCPC, the law enforcement officer or the prosecutor. To supervise means to ensure that the right of the CICL is protected during the proceedings and the diversion program being developed promotes the CICL’s best interest.

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a. Explain intent clearly to the child, his/her family and the victim, if present.

b. Clearly emphasize benefits to the CICL.

c. Observe confidentiality.

d. Encourage CICL to express himself/herself especially when deciding on the appropriate diversion programs.

e. Consider religious belief, cultural orientation, intellectual and physical ability, financial situation of the CICL’s family and similar concerns in choosing a diversion program

What to Observe . . .

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f. Use language and expressions that are easily understood by the CICL and are child-friendly.

g. Allow CICL to read diversion contract before signing.

h. Schedule of diversion proceedings not to interfere with the CICL’s attendance to school and shall ensure that he/she understands it.

i. The diversion proceedings shall be completed within 45 days upon submission of the case for diversion. When no agreements are reached after 45 days, the proceedings shall be terminated. The case shall then be filed according to regular process

What to Observe . . .

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The following shall be considered when formulating a diversion program:

1. Nature and circumstances of the offense charged.

2. Frequency and the severity of the act.

3. Background and circumstances of the CICL.

4. Influence of the family and environment on the growth of the child and on family relationship.

5. Reparation of injury to the victim.

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6. The CICL’s feelings of remorse for the offense he/she committed.

7. The parent’s ability to guide, supervise, and support the CICL.

8. The victims’ view about the propriety of the measures to be imposed.

9. The availability of community-based programs for the rehabilitation and reintegration of the child.

10.Record of prior offense, if any.

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1. Assess the needs and circumstances with focus on the following:

a. Physical and psychosocial well-being

b. Perceptions and feelings to present situation/problem and other significant events in his/her life.

c. What has been or could be done about the situation of the child.

d. Parents’ parenting capability, roles and functions of family members, behavior control/problem-solving patterns for handling conflict situation/social interaction.

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e. Communication patterns among family members.

f. Responsiveness and involvement of the members to provide and sustain emotional support to one another especially to the child victim.

g. Family members’ moral conduct.

h. Acceptance of the community to the CICL.

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2. Formulate treatment plan in agreement with the CICL and or his/her family/relatives.

3. Implement treatment plan in coordination with BCPC members, other disciplines and other center staff, if in an institution.

Explore other forms of alternative parental care, when necessary.

4. Monitor and evaluate progress.

5. Terminate helping relationship if desired behavior or changes achieved.

6. If CICL is discharged from center, provide after-care services.

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