Definition of Dependent or Neglected Child
- Child under 16 years who is:
- Dependent on public for support or destitute/homeless/abandoned
- Deprived of proper parental care or guardianship
- Habitual beggar or living in places of ill-fame or with disreputable persons
- Living in unfit home environment due to neglect, cruelty or depravity by those responsible
Proceedings Relating to Dependent or Neglected Children
- Secretary of Social Welfare or assigned representative can file petitions with evidence and case summary
- Petition must state name and residence of parents or guardians if known
- Court may take temporary custody for child’s welfare during proceedings
- Proper summons issued to parents or guardians residing in jurisdiction; no summons if no known parents or guardians and child is requested to be declared dependent
- Appointment of a representative if no parents or guardian found
- Investigation and hearing to ascertain facts and child's circumstances
- Provincial or city fiscal may assist petitioner
- Rules of evidence relaxed for expediency
- If child found dependent or neglected, court will order disposition in best interests–placement with suitable persons or institutions or Department of Social Welfare
- Custody implies guardianship and accountability for education and maintenance
- Rights of parents or guardian over child severed unless court orders restoration under conditions
- Court may supervise or change guardianship as necessary
- Court can impose conditions or supervision for child to remain at home if causes of dependency can be remedied
Procedures in Other Cases
- Governed by Rules of Court and applicable laws with liberal application at pre-trial
- Family cases (husband-wife, parent-child) may be heard in camera upon request
- All information obtained in such hearings is privileged and confidential
Appeals
- Decisions and orders appealable like courts of first instance
Court Administration
- Court of record with a clerk and necessary employees appointed similarly as in courts of first instance
- Facilities, equipment, supplies, and allowances to be provided by Province with possible cost-sharing by cities upon Secretary of Justice's order
Seminars and Training
- Judge required to conduct annual seminars/conferences during first three years and periodically thereafter for judges and government personnel
- Topics include procedures, psychology, family relations to fulfill the Act’s objectives
Transitory Provisions
- Secretary of Justice to transfer pending relevant cases from other courts to the new Juvenile and Domestic Relations Court
Appropriations
- Authorization of funds for the fiscal year 1972-1973 and subsequent general appropriations for the court’s operations
Effectivity
- Law effective immediately upon approval