Barangay Council for the Protection of Children (BCPC) Orientation.pptx

Child Protection

1. B arangay C ouncil for the P rotection of C H I L D R E N

2. Constitutional and Statutory Principles on Child Protection Art XV, Sec. 3 (2), 1987 Constitution The State shall defend the right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their development 1989 U.N. Convention on the Rights of the Child Recognizes the right of the child to protection from economic exploitation, narcotic drugs and psychotropic substance, sexual exploitation, sexual abuse, abduction, sale or trafficking, torture and cruelty or inhuman treatment, and arbitrary detention

3. Constitutional and Statutory Principles on Child Protection RA 7610 An Act Providing for Stronger Deterrence and Special Protection against Child Abuse, Exploitation and Discrimination (1992) Special protection of children against child abuse, exploitation and discrimination RA 9231 (2003) Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act - Repeals RA 7658 (1993) Prohibits the employment of children below 15 years of age EXCEPTIONS: Child works directly under the sole responsibility of his parent or guardian and his employment does not in any way interfere with his schooling; and Child’s employment in public entertainment or information through cinema, theater, radio or TV

4. Constitutional and Statutory Principles on Child Protection RA 9208 (2003) Punishes trafficking in persons, especially women and children RA 9262 Anti Violence Against Women and their Children (2004) Punishes violence against women and their children Classifies VAWC as public offense Provides for issuance of protection orders Allows battered woman syndrome as a defense

5. Constitutional and Statutory Principles on Child Protection RA 9344 (2006) Community-based programs (programs on rehabilitation and reintegration, and that prevents disruption of education and separation of child from family) Minimum age of criminal liability Diversion for CICL above 15 years and whose offenses have a penalty of not more than 6 yrs imprisonment Suspended sentence for CICL who are convicted

6. Constitutional and Statutory Principles on Child Protection RA 9165 (2002) Rehabilitation of first-time minor drug offender Suspended sentence for minor drug offender who is found guilty RA 7160 (1991) Sec 16 “ GENERAL WELFARE CLAUSE” – empowers LGUs to enact and implement measures for the general well-being of their inhabitants. Sec 17 “BASIC SERVICES AND FACILITIES” Maintenance of BHC and Daycare Centers Information and Reading Center

7. Constitutional and Statutory Principles on Child Protection Supreme Court Rules Rule on Examination of a Child Witness (2000) Provides for flexible and liberal rules for testimony of a child in court Rule on Commitment of Children (2002) Provides for court procedure for DSWD or NGO to take custody of abused, neglected, abandoned or disabled child Rule on Juveniles in Conflict with the Law (2002) Provides for diversion, suspension of sentence and alternatives to imprisonment for CICL

8. What is Barangay Council for the Protection of Children? is a council organized at the barangay level to serve as the umbrella organization for all children’s concerns. is a council fully harnessed to be an efficient and effective advocate of child rights and implementor of all children’s programs in the barangays.

9. Why organize the BCPC? To ensure the S urvival, D evelopment, P rotection and P articipation of children and youth at the barangay level; To have an organized, effective and responsive community-based structure that will promote and guarantee the welfare, safety, health, good moral environment and wholesome development of children and youth.

10. What are the legal bases for the organization of BCPC? Art 359 (3), Civil Code of the Philippines (RA 386 as amended) The government promotes the full growth of the faculties of every child. For this purpose, the government will establish Councils for the Protection of Children Art 87, Children & Youth Welfare Code (PD 603) Every barangay council shall encourage the organization of a Local Council for the Protection of Children

11. RA 8980 – Early Childhood Care and Devt. Reiterates the organization of the BCPCs in order to function as ECCD Sec. 15, RA 9344 – Juvenile and Welfare Act of 2006 Reiterates the organization of LCPCs Specifies that 1% of the IRA shall be allocated for the strengthening and implementation of the LCPC programs DILG MC No. 2002-121 Guidelines on the organization and strengthening of LCPC incorporating thereat ECCD Coordinating Committees

12. Who shall spearhead the organization of the BCPC? The Punong Barangay as the BCPC Chairperson How often shall the BCPC meet? At least once every quarter

13. Who shall COMPOSE the BCPC? Chairperson : Punong Barangay Co-Chair : (from among the members) Members : SBM (Women &Family) SK Chairperson BNS Day Care Worker Nurse or Midwife BHW DepEd Principal / TIC Chief Tanod Children’s Representative PTA President / Representative NGO / PO Representative Others

14. What are the FUNCTIONS of BCPC? (PD 603, RA 386 as amended & DILG MC No. 2002-121) Foster education of every child Encourage the proper performance of the duties & responsibilities of parents, & provide learning opportunities on the adequate rearing of children and positive parent-child relationship Protect & assist children in need of special protection (e.g. abandoned, maltreated & dependents) & refer cases filed against child abusers to proper agencies/institutions

15. FUNCTIONS Take steps to prevent juvenile delinquency & assist parents of children with behavioral problems so that they can get expert advice Adopt measures for the health of children Advocate for the establishment & maintenance of playgrounds, day care centers and other facilities necessary for child & youth development Provide coordinative linkages with other agencies & institutions in the planning, monitoring & evaluation of plans for children

16. FUNCTIONS Conduct capability building projects to increase knowledge & skills in handling children’s program Establish & maintain database on children in the barangay Promote wholesome entertainment in the community, especially in movie houses Prepare AWFP for children & recommend appropriations to the Sanggunian

17. FUNCTIONS Advocate for the passage of barangay resolutions / ordinances responsive to child related-related issues & concerns & ensure the inclusion of children’s program in the executive agenda Monitor situational reports on children and prepare quarterly updates including the implementation of children’s program and make recommendations to the C/MCPC for consideration Perform such other functions and other child related laws especially in matters of child and parent education, health, entertainment, etc.

18. What are the indicators of a functional BCPC? LCPC FORM 1-A O rganization ( 10% ) through legislative measure (5%) Composition is in accordance with DILG MC 2002-121 (5%) M eetings ( 10% ) Regular quarterly meeting With minutes

19. What are the indicators of a functional BCPC? P olicies, P lans and B udget ( 30% ) Approved Annual Work and Financial Plan (5%) AWFP/PPAs incorporated in the LDIP and AIP (5%) AWFP/PPAs included in the Barangay Annual Budget (10%) Policies and PPAs are needs based/demand driven (2%) Policies for child rights have been recommended thru a resolution (4%) Policies are approved by Sanggunian (4%) A ccomplishments ( 50% ) PPAs undertaken based on AWFP (20%) State of Children’s Report (10%) Accomplishments reflected in Annual Report (8%) Accomplishments documented (7%) Accomplishments included in the SOBA (5%)

20. Basic Steps in Organizing the BCPC Step 1 : Conduct a community assembly to inform the residents on the need to organize or reactivate the BCPC Step 2 : Convene the members of the BCPC based on DILG MC 2002-121 Step 3 : Orient BCPC members on the BCPC rationale, legal bases, functions, compositions, and indicators of a functional BCPC

21. Step 4 : Identify the need and concern of children Step 5 : Prepare a comprehensive plan of action for children Step 6 : Facilitate conduct of community activities and projects for the welfare of children Step 7 : Mobilize the support of the community people and encourage full and active participation of children Step 8 : Conduct regular meetings

22. Roles of Community Leaders in Organizing the BCPC C ouncil organizing H ousehold & community studies I nstitution building L ocalization of policies & programs D evelopment planning R esource mobilization E valuation and monitoring N etworking and coordination

23. DILG MC # 2009 - 59 General Guidelines and Procedures in Handling CHILDREN AT RISK (CAR) & CHILDREN IN CONFLICT WITH THE LAW (CICL) by the Barangay Council for the Protection of Children (BCPC) Per RA 9344 – Juvenile Justice and Welfare Act of 2006

24. SCOPE Role of the BCPC during initial contact and apprehension of CICL; Roles of BCPC in the implementation of the intervention program; and Responsibilities of the BCPC in implementing the diversion program.

25. Guidelines and Procedures Advise the complainant to fill-up Complaint Form A; Record the complaint in the BCPC logbook; Take initial custody of the alleged CICL; Notify the child’s parents/ guardian/ relatives, the LSWDO and the PB

26. Guidelines and Procedures 5. Properly identify himself/herself and present proper identification to the child; 6. Inform and explain the child of the reason for such initial custody and offense and/or acts that she/he allegedly committed and advise the child his/her constitutional rights in a language or dialect understood by him/her; 7. Conduct initial investigation using the Intake and Profile Form (Form B);

27. Guidelines and Procedures 8. The Law Enforcement Officer (LEO) having initial contact with the child, after taking the child into custody, shall immediately determine the age of the child; 9. Take the child immediately to the proper medical, dental and health officer for a thorough physical and mental examination;

28. Guidelines and Procedures 10. Immediately but no later than 8 hrs from apprehension, the LEO shall release CICL 15 yrs old and below or turn over CICL above 15 yrs but below 18 yrs old to the LSWDO to assess presence or absence of discernment in committing the offense or turn over to PNP or to concerned lupon tagapamayapa as may be appropriate if the offender is 18 yrs and above;

29. Guidelines and Procedures 11. Proper recording in a separate logbook indicating the disposition of the case; 12. Prepare a report containing all the information gathered during the interview with other related documents; 13. In conducting and implementing the Intervention Program, the BCPC shall assist the PB; 14. Upon determination by the LSWDO of the appropriate diversion program and the signing of Contract of Diversion by the CICL above 15 but below 18 yrs of age who acted with discernment, the BCPC shall conduct diversion activities;

30. THANK YOU