Question & AnswerQ&A (DSWD ADMINISTRATIVE ORDER NO. 10, S. 2007)
R.A. 9344 is a law that provides for the protection and rehabilitation of children in conflict with the law (CICL), emphasizing restorative justice rather than punitive measures.
Social workers from the Department of Social Welfare and Development (DSWD), City/Municipal Social Welfare and Development Office (C/MSWDO), Provincial Social Welfare and Development Office (PSWDO), and DSWD licensed and accredited NGOs.
A child alleged, accused, or adjudged to have committed an offense under Philippine laws, and who is below 18 years old.
An alternative, child-appropriate process to determine responsibility and treatment based on the child's background without formal court proceedings.
Social workers assess discernment, develop intervention and diversion programs, assist in diversion proceedings, and engage family and community in rehabilitation.
Conduct assessment, prepare Social Case Study Report, implement intervention programs, monitor progress, and if necessary file petition for involuntary commitment.
An assessment report on the presence or absence of discernment in the commission of the crime, considering circumstances, educational level, demeanor, and psychological evaluation.
When the child acted with discernment, the crime is victimless, with a penalty of imprisonment not exceeding six years, and diversion is deemed appropriate after considering specific factors.
The social worker issues a certification of failure to comply and refers the case to the prosecutor for regular judicial proceedings.
Counseling, life-skills training, parent effectiveness services, livelihood programs, psychiatric referrals, spiritual sessions, and community involvement.
The child's remorse, parents' ability to supervise, victim's views, community-based program availability, prior offenses, and child's individual circumstances.
Usually six months to one year, but may be extended if thorough rehabilitation is necessary.
Proceedings are confidential; records labeled 'CONFIDENTIAL' and identities are protected; language must be child-appropriate and non-intimidating.
Problem identification, data gathering, diagnostic assessment, treatment planning, implementation, monitoring and evaluation, and termination once goals are met.
Petition for involuntary commitment may be filed under Presidential Decree 603, especially if the child is abandoned, abused, or if parents refuse intervention.