QuestionsQuestions (DSWD ADMINISTRATIVE ORDER NO. 10, S. 2007)
It adopts the paradigm shift in R.A. 9344 from retributive justice to restorative justice, emphasizing accountability and rehabilitation of children in conflict with the law (CICL) rather than punishment.
All LGUs must appoint a duly licensed social worker to assist CICL cases; the DSWD AO provides guidelines on assessment (e.g., discernment), intervention, and diversion implementation, including family/community engagement.
Social workers of the DSWD, C/MSWDO, PSWDO, and DSWD-licensed/accredited NGOs handling CICL.
To guide social workers on: (1) handling CICL within specified age ranges and discernment circumstances, (2) conducting and (3) assisting with diversion proceedings and programs, including those involving Katarungang Pambarangay, law enforcement officers, and prosecutors.
Diversion is a child-appropriate alternative process determining responsibility and treatment of CICL without formal court proceedings. A diversion proceeding is a facilitated meeting or series of meetings (by social worker/Punong Barangay/law enforcement officer/prosecutor/judge depending on level) where parties agree on an appropriate diversion program.
Conduct an assessment of the circumstances and needs of the child to determine immediate actions.
When any of these is present: (1) CICL is abandoned/neglected/abused; (2) there is threat to safety but parents refuse temporary custody referral; or (3) parents refuse to comply with necessary intervention programs.
A Social Case Study Report (SCSR) within two weeks from turnover to serve as basis for interventions.
Suggested period is six months to one year.
When rehabilitation goals are achieved and the family/community is ready to accept the CICL; otherwise, if the CICL and parents/guardian fail to comply despite exhausting efforts, the C/MSWDO may file for involuntary commitment under P.D. 603.
Immediately turn over the child to parents; if not appropriate/possible, turn over to a DSWD accredited LGU facility, a DSWD-licensed/accredited NGO, or a DSWD facility.
Not exceeding one week, based on: facts/circumstances; educational level/performance; appearance/attitude/demeanor before-during-after offense; and possible psychologist/psychiatrist assessment. The report is submitted to the referring law enforcement officer.
Manage the case similarly to CICL 15 years old and below, referring to the procedures for that age group.
If the offense is victimless and the imposable penalty is confinement/imprisonment not more than six years. Factors include: nature/circumstances; frequency/severity; circumstances of the child; influence of family/environment; weight of evidence; community safety; and best interest of the child.
Issue a certification to that effect and refer the case to the prosecutor.
The CICL must be allowed to read the contract; if the CICL cannot read, the content must be interpreted and clearly explained.
Proceedings must be conducted where identities are kept confidential; records must be labeled “CONFIDENTIAL” and not disclosed directly or indirectly by any party/participant.
They must be completed within 45 days from submission for diversion; if no agreements are reached after 45 days, proceedings are terminated and the case is filed under regular judicial procedure.
Supervise implementation of the diversion program, devise monitoring/follow-up to ensure compliance, and determine progress of rehabilitation and reintegration. If the CICL fails to comply, certify failure and refer to prosecutor.