RA 9344 (Juvenile Justice and Welfare Act of 2006JWA).pptx

RA 9344 (Juvenile Justice and Welfare Act of 2006JWA).pptx

1. Juvenile Justice and Welfare Act of 2006 (RA 9344) 1 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC

2. Lesson Goal: This lesson aims to provide the participants with knowledge on RA 9344, its salient features and for them to learn how to become sensitive in handling cases involving children in conflict with the law. 2 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC

3. Lesson Objectives: After this lesson, the participants will be able to; Define terms in relation to RA 9344. Enumerate the rights of the child in conflict with the law. Explain the minimum age of criminal responsibility. Enumerate the duties of authority which have initial contact with a child below age of criminal responsibility. 3 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC

4. Explain the procedure in taking a child into custody. Enumerate the duties of law enforcement officer during initial investigation. Explain the diversion program. 4 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC Lesson Objectives: (Cont.)

5. Scope of Presentation Background Definition of Terms Rights of the Child in Conflict with the Law Minimum age of criminal responsibility Treatment of children below age of criminal responsibility IOBC Lesson 4.4.6: Juvenile Justice and Welfare Act 5

6. Scope of Presentation (Cont.) Initial Contact with the child Duties during Initial Investigation Diversion Rehabilitation and Reintegration Offenses not applicable to children Prohibition against labeling and shaming IOBC Lesson 4.4.6: Juvenile Justice and Welfare Act 6

7. The State shall: Recognize the role of children and youth in nation building. Promote and protect their (youth’s) physical, moral, spiritual, intellectual and social well-being. 7 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC Background:

8. Protect the best interests of the child through measures that will ensure the observance of international standards of child protection, Apply the principles of restorative justice in all its laws, policies and programs applicable to children in conflict with the law. 8 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC Background: (Cont.)

9. I. Definition of Terms: Best Interest of the Child Refers to the totality of the circumstances and conditions which are most congenial to the survival, protection and feelings of security of the child and most encouraging to the child's physical, psychological and emotional development. 9 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC

10. Child at Risk - refers to a child who is vulnerable to and at the risk of committing criminal offenses, such as, but not limited to, the following: being abused by any person through sexual, physical, psychological, mental, economic or any other means exploited sexually or economically 10 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC Definition of Terms: (Cont.)

11. abandoned or neglected coming from a dysfunctional or broken family or without a parent or guardian out of school street child 11 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC Child at Risk: (Cont.)

12. member of a gang living in a community with a high level of criminality or drug abuse living in situations of armed conflict 12 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC Child at Risk: (Cont.)

13. Child in Conflict with the Law (CICL) A child who is alleged as, accused of, or adjudged as, having committed an offense. Deprivation of Liberty Any form of detention or imprisonment, or placement of a child in conflict with the law in a custodial setting, from which the child is not permitted to leave. 13 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC Definition of Terms: (Cont.)

14. Diversion Refers to an alternative, child-appropriate process of determining the responsibility and treatment of a child in conflict with the law. Diversion Program R efers to the program that the child in conflict with the law is required to undergo after he/she is found responsible for an offense. 14 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC Definition of Terms: (Cont.)

15. Initial Contact with the Child - refers to the apprehension or taking into custody of a child in conflict with the law by law enforcement officers or private citizens. - includes the time when the child alleged to be in conflict with the law receives a subpoena or summons. 15 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC Definition of Terms: (Cont.)

16. Intervention Refers to a series of activities which are designed to address issues that caused the child to commit an offense. 16 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC Definition of Terms: (Cont.)

17. Juvenile Justice and Welfare System A system dealing with children at risk and CICL, which provides child-appropriate proceedings, programs and services for prevention, diversion, rehabilitation to en, re-integration and aftercare to ensure their normal growth and development. 17 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC Definition of Terms: (Cont.)

18. Restorative Justice R efers to a principle which requires a process of resolving conflicts with the maximum involvement of the victim, the offender and the community. 18 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC Definition of Terms: (Cont.)

19. Youth Detention Home A 24-hour child-caring institution managed by accredited local government units (LGUs) and licensed and/or accredited nongovernment organizations (NGOs) providing short-term residential care for CICL who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction. 19 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC Definition of Terms: (Cont.)

20. Youth Rehabilitation Center A 24-hour residential care facility managed by the Department of Social Welfare and Development (DSWD), LGUs, licensed and/or accredited NGOs monitored by the DSWD, which provides care, treatment and rehabilitation services for children in conflict with the law. 20 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC Definition of Terms: (Cont.)

21. II. RIGHTS OF THE CICL Right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Right not to be imposed a sentence of capital punishment or life imprisonment, without the possibility of release. 21 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC

22. Right not to be deprived, unlawfully or arbitrarily, of his/her liberty. Right to be treated with humanity and respect. Right to prompt access to legal and other appropriate assistance. Right to bail and recognizance. 22 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC RIGHTS OF THE CICL: (Cont.)

23. Right to testify as a witness in his/her own behalf. Right to have his/her privacy respected fully at all stages of the proceedings. Right to diversion if he/she is qualified. Right to be imposed a judgment in proportion to the gravity of the offense. 23 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC RIGHTS OF THE CICL: (Cont.)

24. Right to have restrictions on his/her personal liberty limited to the minimum. Right to automatic suspension of sentence. Right to probation as an alternative to imprisonment. 24 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC RIGHTS OF THE CICL: (Cont.)

25. Right to be free from liability for perjury, concealment or misrepresentation. Other rights as provided for under existing laws, rules and regulations. 25 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC RIGHTS OF THE CICL: (Cont.)

26. III. CRIMINAL RESPONSIBILITY 15 years of age or under at the time of the commission of the offense shall be exempt from criminal liability. shall be subjected to an intervention program 26 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC Minimum Age of Criminal Responsibility

27. Above 15 years but below 18 years of age be exempt from criminal liability be subjected to an intervention program, unless he/she has acted with discernment. 27 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC Minimum Age of Criminal Responsibility (Cont.)

28. Considerations in Determination of Age CICL shall enjoy the presumption of minority. Shall enjoy all the rights of a CICL until he/she is proven to be 18 years old or older. Age of a child may be determined from the child's birth certificate, baptismal certificate or any other pertinent documents. 28 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC

29. In the absence of these documents, age may be based on information from child himself/herself, testimonies of other persons, the physical appearance of the child and other relevant evidence. In case of doubt as to the age of the child, it shall be resolved in his/her favor. 29 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC Considerations in Determination of Age: (Cont.)

30. IV. TREATMENT OF CHILDREN BELOW THE AGE OF CRIMINAL RESPONSIBILITY Immediately release the child to the custody of his/her parents or guardian, or in the absence thereof, the child's nearest relative. Give notice to the LSWDO who will determine the appropriate programs in consultation with the child and to the person having custody over the child. 30 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC

31. If parents, guardians or nearest relatives cannot be located, or if refuse to take custody, any of the following: Duly registered NGO or religious organization; Barangay official; 31 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC TREATMENT OF CHILDREN BELOW THE AGE OF CRIMINAL RESPONSIBILITY: (Cont.)

32. If parents, guardians or nearest relatives cannot be located, or if refuse to take custody, any of the following: (Cont.) Local social welfare and development officer (LSWDO); or the DSWD. If child has been found by LSWDO to be abandoned, neglected or abused by his parents, the proper petition for involuntary commitment shall be filed by the DSWD or LSWDO. 32 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC

33. V. INITIAL CONTACT WITH THE CHILD Procedure for Taking the Child into Custody Explain to the child in simple language and in a dialect that he/she can understand why he/she is being placed under custody and the offense that he/she allegedly committed; 33 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC

34. Inform the child of the reason for such custody and advise the child of his/her constitutional rights in a language or dialect understood by him/her; Properly identify himself/herself and present proper identification to the child; 34 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC Procedure for Taking the Child into Custody: (Cont.)

35. Refrain from using vulgar or profane words and from sexually harassing or abusing, or making sexual advances on the child in conflict with the law; Avoid displaying or using any firearm, weapon, handcuffs or other instruments of force or restraint, only after all other methods of control have been exhausted and have failed; 35 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC Procedure for Taking the Child into Custody: (Cont.)

36. Refrain from subjecting the child in conflict with the law to greater restraint than is necessary for his/her apprehension; Avoid violence or unnecessary force; 36 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC Procedure for Taking the Child into Custody: (Cont.)

37. Determine the age of the child; Immediately but not later than eight (8) hours after apprehension, turn over custody of the child to the Social Welfare and Development Office or other accredited NGOs; 37 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC Procedure for Taking the Child into Custody: (Cont.)

38. Take the child immediately to the proper medical and health officer for a thorough physical and mental examination ; Ensure that should detention of the child in conflict with the law be necessary, the child shall be secured in quarters separate from that of the opposite sex and adult offenders; 38 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC Procedure for Taking the Child into Custody: (Cont.)

39. Record the following in the initial investigation: Whether handcuffs or other instruments of restraint were used; That the parents or guardian of a child, the DSWD, and the PAO have been informed of the apprehension; and The exhaustion of measures to determine the age of a child and the precise details of the physical and medical examination; 39 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC Procedure for Taking the Child into Custody: (Cont.)

40. Ensure that all statements signed by the child during investigation shall be witnessed by the child's parents or guardian, social worker, or legal counsel in attendance who shall affix his/her signature to the said statement. 40 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC Procedure for Taking the Child into Custody: (Cont.)

41. Note: CICL shall only be searched by a law enforcement officer of the same gender and shall not be locked up in a detention cell . 41 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC INITIAL CONTACT WITH THE CHILD: (Cont.)

42. BREAK….. 15 minutes 42 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC

43. VI. DUTIES DURING INITIAL INVESTIGATION The taking of the statement of the child shall be conducted in the presence of the following: Child's counsel of choice or in the absence thereof, a lawyer from the PAO; Child's parents, guardian, or nearest relative, as the case may be; and Local social welfare and development officer. 43 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC

44. VII. DIVERSION A. System of Diversion CICL shall undergo diversion programs subject to the conditions herein provided: 1. Where the penalty for the crime is not more than 6 years imprisonment,; 2. In victimless crimes where the penalty is not more than 6 years imprisonment; 3. Where the penalty for the crime committed exceeds 6 years imprisonment. 44 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC

45. B. Stages Where Diversion May be Conducted Diversion may be conducted at the: Katarungang Pambarangay ; the police investigation; the inquest or preliminary investigation stage; and at all levels and phases of the proceedings including judicial level. 45 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC

46. C. Conferencing, Mediation and Conciliation - CICL may undergo conferencing, mediation or conciliation outside the criminal justice system or prior to his entry into said system. - A contract of diversion may be entered into during such conferencing, mediation or conciliation proceedings. 46 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC

47. D. Contract of Diversion - If during the conferencing, mediation or conciliation, the child voluntarily admits the commission of the act, a diversion program shall be developed when appropriate and desirable. - The diversion proceedings shall be completed within 45 days. 47 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC

48. . During the diversion: The child shall present himself/herself to the authorities once a month. Failure to comply with terms and conditions of the contract of diversion, shall give the offended party the option to institute the appropriate legal action. The period of prescription of the offense shall be suspended during the effectivity of the diversion program. D. Contract of Diversion (Cont.) 48 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC

49. E. Duty of the Law Enforcement Officer When There is No Diversion If the child, his/her parents or guardian does not consent to a diversion, the WCPD, or other law enforcement officer handling the case of the child, shall turn-over to the prosecutor or judge concerned for the conduct of inquest and/or preliminary investigation. 49 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC

50. F . Factors in Determining Diversion Program The nature and circumstances of the offense charged; The frequency and the severity of the act; The circumstances of the child (e.g. age, maturity, intelligence, etc.); The influence of the family and environment on the growth of the child; The reparation of injury to the victim; The weight of the evidence against child; and The safety of the community . 50 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC

51. G. Kinds of Diversion Programs Diversion programs : Restitution of property; Reparation of the damage caused; Indemnification for consequential damages; Written or oral apology; Care, guidance and supervision orders; Counseling for the child in conflict with the law and the child's family; 51 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC

52. Attendance in trainings, seminars and lectures ; Participation in available community-based programs, including community service; or Participation in education, vocation and life skills programs Confiscation and forfeiture of the proceeds or instruments of the crime; G. Kinds of Diversion Programs (Cont.) 52 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC

53. Step 2 Implementation of Diversion Program Step I Diversion Proceedings under Brgy / LEO/LSWDO Forward records to Prosecution for diversion From Prosecutor Step 3 Monitoring and Supervision by the C/MSWDO Settlement/ Diversion Activity Accepted? Settlement/ Diversion Activity Accepted? CICL and family Complied with contract? From Brgy / LEO/ LSWDO For Preliminary Investigation Step 4 Case Terminated Y N N Y Y N Flowchart of Diversion 53 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC

54. H. Confidentiality of Records and Proceedings - All records and proceedings involving CICL from initial contact until final disposition of the case shall be considered privileged and confidential . - The public shall be excluded during the proceedings and the records shall not be disclosed directly or indirectly to anyone by any of the parties or the participants in the proceedings. 54 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC

55. VIII. REHABILITATION AND REINTEGRATION A. Objective of Rehabilitation and Reintegration The objective of rehabilitation and reintegration of CICL is to provide them with interventions, approaches and strategies that will enable them to improve their social functioning with the end goal of reintegration to their families and as productive members of their communities. 55 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC

56. B. Court Order Required No child shall be received in any rehabilitation or training facility without a valid order issued by the court after a hearing for the purpose. C . Separate Facilities from Adults In all rehabilitation or training facilities, it shall be mandatory that children shall be separated from adults unless they are members of the same family. 56 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC

57. D. Female Children Female CICL shall be given special attention as to their personal needs and problems. They shall be handled by female doctors, correction officers and social workers, and accommodated separately from male CICL. E. Gender-Sensitivity Training No personnel of rehabilitation and training facilities shall handle CICL without having undergone gender sensitivity training. 57 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC

58. IX. OFFENSES NOT APPLICABLE TO CHILDREN Exempted from prosecution for the crime of vagrancy and prostitution. Provided , that said child/children shall undergo appropriate counseling and treatment program. 58 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC

59. X. PROHIBITION AGAINST LABELING AND SHAMING From the initial contact with the child, the competent authorities must refrain from branding or labeling children as young criminals, juvenile delinquents, prostitutes or attaching to them in any manner any other derogatory names . 59 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC

60. A. Other Prohibited Acts Employment of threats of whatever kind and nature; Employment of abusive, coercive and punitive measures such as cursing, beating, stripping, and solitary confinement; 60 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC

61. Employment of degrading, inhuman end cruel forms of punishment such as shaving the heads, pouring irritating, and others which embarrass, humiliate, and degrade his/her personality and dignity; and Compelling the child to perform involuntary servitude in any and all forms under any and all instances. A. Other Prohibited Acts (Cont.) 61 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC

62. B. Violation of the Provisions of this Act Upon conviction for each act or omission, be punished by: fine of P20,000.00 to P50,000.00, imprisonment of not less than 8 years to 10 years, Both, at the discretion of the court, unless a higher penalty is provided for in the Revised Penal Code or special laws. 62 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC

63. QUESTIONS???? 63 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC

64. Summary After this lesson, we were able to: Define terms in relation to RA 9344. Rights of the child in conflict with the law. Minimum age of criminal responsibility. Duties of authority which have initial contact with a child below age of criminal responsibility. Procedure in taking a child into custody. 64 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC

65. Duties of law enforcement officer during initial investigation. Diversion program. 65 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC Summary (Cont.)

66. End of Presentation Thank You…. 66 Lesson 4.4.6: Juvenile Justice and Welfare Act IOBC