DepEd Guidelines on CAR and CICL Management

Legal basis and policy purpose

DepEd is mandated as a member of the Juvenile Justice and Welfare Council (JJWC) under Republic Act No. 9344, as amended, to issue guidelines for the implementation of the juvenile justice and welfare system.
Section 1 explains the need for an integrated DepEd response to violence involving children in school settings, including physical and sexual violence, gang- and fraternity-related violence, drug and alcohol abuse, and similar acts.
Section 2 adopts a child-protection policy framework: DepEd ensures pupils, students, or learners are protected and their rights are respected.
For CAR, the responsibility is to prevent the child from being in conflict with the law.
For CICL, the goal is to facilitate reintegration to school and community and prevent re-offending.
Section 2 grounds the policy in: the 1987 Philippine Constitution (quality education and special protection for children) and the United Nations Convention on the Rights of the Child (UNCRC) principles (non-discrimination, best interest of the child, right to life/survival/development, respect for views of the child).
Section 2 ties the guidance to DepEd Child Protection Policy (DO No. 40, s. 2012) and the Anti-Bullying framework (DepEd Order No. 55, s. 2013) and also to the prohibition of hazing and operation of fraternities and sororities in schools (DO No. 7, s. 2006).

Definitions and key concepts

Section 3 defines “Child” as a person under the age of eighteen (18) years (Section 4(c), Republic Act No. 9344, as amended).
Section 3 defines “Child in Conflict with the Law” (CICL) as a child who is alleged as, accused of, or adjudged as having committed an offense under Philippine laws (Section 4(e), Republic Act No. 9344, as amended).
Section 3 defines “Child-at-Risk” (CAR) as a child vulnerable to and at risk of behaving in a way that can harm himself/herself or others, or vulnerable and at risk of being pushed and exploited to come into conflict with the law due to personal, family, and social circumstances, including situations such as:
- Abuse by any person through sexual, physical, psychological, mental, economic or any other means, where parents/guardians refuse, are unwilling, or unable to provide protection.
- Exploitation, including sexually or economically.
- Abandonment or neglect where parents/guardians cannot be found after diligent search and inquiry.
- Coming from a dysfunctional or broken family or being without a parent or guardian.
- Being out of school, a street child, a gang member, living in a community with high criminality or drug abuse, or living in situations of armed conflict.
- Violating local ordinances on juvenile status offenses, including curfew violations, truancy, parental disobedience, anti-smoking and anti-drinking laws, and also light offenses and misdemeanors against public order or safety, such as disorderly conduct, public scandal, harassment, drunkenness, public intoxication, criminal nuisance, vandalism, gambling, mendicancy, littering, public urination, and trespassing.
Section 3 provides that CAR also includes children who commit:
- A status offense under Section 57 of Republic Act No. 9344, as amended.
- Prostitution under Section 202 of the Revised Penal Code, as amended.
- Mendicancy under Presidential Decree No. 1563.
- Sniffing of rugby under Presidential Decree No. 1619.
Section 3 empowers the JJWC to issue resolutions identifying other offenses for which a child shall be considered as CAR and not CICL.
Section 3 defines Diversion as an alternative child-appropriate process for determining responsibility and treatment of a CICL without resorting to formal court proceedings (Section 4(i), Republic Act No. 9344, as amended).
Section 3 defines a Diversion Program as the program the CICL must undergo after being found responsible without formal court proceedings (Section 4(j), Republic Act No. 9344, as amended).
Section 3 defines Intervention as programmatic approaches designed to promote physical/social well-being, prevent juvenile delinquency, and stop or prevent re-offending (Rule 2(18), RIRR of Republic Act No. 9344, as amended).
Section 3 defines Bahay Pag-Asa as a 24-hour child-caring institution established, funded, and managed by LGUs and licensed and/or accredited NGOs providing short-term residential care for CICL above fifteen (15) but below eighteen (18) years of age awaiting court disposition or transfer to other agencies/jurisdiction.
Section 3 provides that Bahay Pag-Asa includes an Intensive Juvenile Intervention and Support Center, catering to CICL in accordance with Sections 20, 20-A, and 20-B of Republic Act No. 9344, as amended.
Section 3 requires that a Multi-Disciplinary Team (MDT) composed of a social worker, psychologist/mental health professional, medical doctor, educational/guidance counselor, and a member of the BCPC shall operate the Bahay Pag-Asa and work on an individualized intervention plan with the child and family (Rule 2(2), RIRR of Republic Act No. 9344, as amended).

Rights of children in conflict with law

Section 4 provides that every CICL has the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment.
Section 4 provides that every CICL cannot be imposed capital punishment or life imprisonment without possibility of release.
Section 4 provides that every CICL cannot be deprived of liberty unlawfully or arbitrarily; detention/imprisonment is a disposition of last resort and must be for the shortest appropriate period of time.
Section 4 requires humanity and respect for inherent dignity and mandates separation from adult offenders at all times:
- No CICL shall be detained together with adult offenders.
- CICL shall be conveyed separately to/from court and shall await hearing in a separate holding area.
- CICL shall have the right to maintain contact with family through correspondence and visits except in exceptional circumstances.
Section 4 guarantees prompt access to legal and other appropriate assistance and the right to challenge the legality of deprivation of liberty before a court or other competent, independent and impartial authority, with a prompt decision.
Section 4 provides the right to bail and recognizance in appropriate cases.
Section 4 provides the right to testify as a witness in the child’s own behalf under the Rule on Examination of a Child Witness.
Section 4 mandates full respect for CICL privacy at all stages.
Section 4 provides the right to diversion if qualified and voluntarily avails of it.
Section 4 requires that judgment be proportional to the gravity of the offense and that, where the child’s best interest, the victim’s rights, and society’s needs are considered, the court applies restorative justice.
Section 4 limits restrictions on personal liberty to the minimum; when the law gives discretion to impose a fine or imprisonment, fine is preferred as the more appropriate penalty.
Section 4 grants the right to automatic suspension of sentence.
Section 4 provides the right to probation as an alternative to imprisonment if qualified under the Probation Law.
Section 4 provides protection from liability for perjury, concealment, or misrepresentation.
Section 4 provides that CICL also have other rights under existing laws, rules, and regulations.
Section 4 adopts guiding frameworks from international juvenile justice and prevention rules, including the United Nations Standard Minimum Rules for the Administration of Juvenile Justice, United Nations Guidelines for the Prevention of Juvenile Delinquency, and United Nations Rules for the Protection of Juveniles Deprived of Liberty.

Duties across DepEd structure

Section 5 assigns to the DepEd Central Office, in coordination with JJWC, responsibility for planning, implementation, monitoring and evaluation of the juvenile justice and welfare program.
Section 6 provides that each Regional Director or Assistant Regional Director is a permanent member of the Regional Juvenile Justice and Welfare Committee (RJJWC), assisted by the Regional Education Program Supervisor for Guidance Counseling as alternate member.
Section 6 requires Regional Offices to:
- Provide inputs and implement the RJJWC work plan.
- Ensure implementation within the region.
- Maintain a database and consolidate CAR and CICL incident/case data from divisions, then submit required data to the RJJWC and DepEd Undersecretary for Legal and Legislative Affairs.
- Monitor and evaluate division implementation and enforcement.
- Establish linkages with service providers and stakeholders and support referral systems within the region.
Section 7 provides that Schools Division Offices (SDOs) shall:
- Coordinate with LGUs, LSWDO, NGOs, faith-based organizations, Bahay Pag-Asa MDT, and other providers for effective implementation and referral.
- Ensure the integration of the Order into capacity-building, outreach, and related DepEd activities, including Summer Institute, in-service trainings, Teacher Induction Program, professional meetings, conferences, symposia, Community Outreach Program, and the Abot-Alam Program.
- Organize and conduct capacity-building for Child Protection Committee and guidance counselors/teachers, including identifying students at risk for behaviors harming self/others or being exploited to come into conflict with the law.
- Maintain a database and consolidate reports on CAR and CICL incidents/cases from schools and submit division data to the Regional Office using Annex A of DO No. 40, s. 2012 and the guidelines’ specified appendices.
- Recommend measures addressing abuse, exploitation, violence, discrimination, bullying, or peer abuse consistent with DepEd child protection, anti-bullying, and other related policies.
- Ensure public and private schools implement and enforce these guidelines and related policies.
- Support stakeholders’ prevention and intervention campaign activities for CAR and CICL.
- Assist LGU through the LCPC in development and implementation of the Comprehensive Local Juvenile Intervention Program (CLJIP).
- Perform other functions assigned by the Secretary or Regional Director.
Section 8 requires school heads to:
- Work with families, community organizations and agencies to intensify crime-prevention campaigns and prevent juvenile delinquency through awareness/prevention/intervention plans.
- Provide adequate, necessary and individualized educational schemes and interventions for CAR and CICL.
- Permit continued learning for CICL taken into custody/placed in Bahay Pag-Asa and youth rehabilitation centers through an Alternative Learning System (ALS), basic literacy programs, or non-formal education accreditation/equivalency system.
- Develop and implement primary and secondary intervention programs for CAR.
- Train CPC members, guidance counselors/teachers, and other personnel on restorative justice.
- Coordinate with teachers to monitor the child’s progress consistent with the intervention or diversion plan.
- Maintain CAR/CICL case records using the prescribed appendices and submit annual consolidated data to the SDO; observe utmost confidentiality in records/documents and all proceedings related to CAR/CICL incidents (Section 43, Republic Act No. 9344, as amended).
- Coordinate with appropriate offices/agencies/organizations/persons for assistance and intervention.
- Perform other assigned functions.

Child Protection Committee and capacity building

Section 9 mandates that all public and private elementary and secondary schools establish a Child Protection Committee (CPC) under DepEd Order No. 40, s. 2012, and designates it as the school committee responsible for juvenile justice and welfare for implementation of this Order.
Section 9 requires each CPC to include:
- School Head/Administrator as Chairperson.
- Guidance Counselor/Teacher as Vice Chairperson.
- Teachers’ representative designated by the Faculty Club.
- Parents’ representative designated by the Parents-Teachers Association.
- Pupils/students’ representative designated by the Supreme Student/Pupil Government.
- Representative from the Barangay Council for the Protection of Children (BCPC) designated by the Punong Barangay.
Section 9 adds that, beyond CPC duties under DO No. 40, s. 2012 and DO No. 55, s. 2013, the CPC shall constitute as a Restorative Justice Panel (RJP) when deemed appropriate, with the guidance counselor/guidance teacher as ex-officio member.
Section 9 provides that the Restorative Justice Panel, together with the LSWDO, conducts Family Group Conferencing under Section 17 of these guidelines.
Section 10 requires DepEd Central Office, in coordination with JJWC, to develop learning modules for CAR/CICL and training modules for Department service providers and CPCs.
Section 10 assigns to SDOs the duty to conduct capacity-building activities for CPCs within the division and monitor implementation.
Section 10 requires that guidance counselors and guidance teachers possess specialized skills and that DepEd provide appropriate training based on the requirements in the guidelines.
Section 10 requires all public and private primary and secondary schools to conduct regular capacity-building for school officials, personnel, parents and students; public-school activities must integrate into the School Improvement Plan (SIP) and Annual Implementation Plan (AIP).

Prevention, intervention continuum, case procedures

Section 11 establishes the intervention framework as child-centered and aligned with the Comprehensive National Juvenile Intervention Program (CNJIP) under Republic Act No. 9344, as amended.
Section 11 requires that interventions aim to fulfill the child’s rights and prevent the child from being in circumstances of risk and conflict with the law.
Section 11 requires that interventions address the child’s interrelated environmental systems, including family, school, and community, and address needs and problems of family and community.
Section 11 requires that rights be respected and upheld in all matters and proceedings concerning the child.
Section 11 provides that the Department’s intervention program runs in a continuum; although it has primary, secondary, and tertiary levels, these are interlinked and interventions can be administered individually, in combination, or simultaneously.
Section 12 requires primary level interventions to include general measures reducing delinquency by tackling root causes through advocacy and socio-economic, health and nutrition, training and education services in collaboration with family and community.
Section 12 directs school strategies toward reducing delinquency among pupils/students including learners and out-of-school youth under ALS/Alternative Delivery Mode, and includes prevention campaigns against violence and risky behavior.
Section 12 mandates primary interventions through activities including:
- Positive Youth Development (PYD) programs (youth resource centers and after-school programs; congress/camp/summit/forum; strengthening youth/child organizations).
- Parent-Child Integration Program to promote family bonding and parental involvement in schooling.
- School-wide behavior management using positive discipline and non-violent approaches.
- Value formation and life skills training.
- Health services.
- Seminars/workshops/trainings promoting awareness of ill-effects of risky behavior, enhancing parent effectiveness skills, developing coping/adjustment skills, and enabling home-school-community collaboration.
Section 13 provides that secondary level interventions are preventive and protective and must assist the CAR to prevent committing an offense; interventions must be needs-specific and age-appropriate and emphasize active family and community involvement.
Section 13 requires initial CAR identification to be conducted by the guidance counselor/guidance teacher using the Identification and Risk Assessment Tool (Appendix A), and where appropriate, referral for professional assessment to a psychologist/psychiatrist/social worker.
Section 13 requires that the recommended secondary intervention plan be developed by the guidance counselor/guidance teacher in cooperation with the CPC and stakeholders, responsive to individual assessment, and include actions such as:
- Guidance counseling, peer counseling.
- Behavior management (e.g., anger management and conflict resolution).
- Parenting skills training/parent effectiveness seminars.
- Home visitation services.
- Mentoring programs.
- After-school activities (remedial classes and extra-curricular activities).
- Referral for special needs to providers such as DSWD, Child Protection Unit, NGOs.
- Other local-government interventions for local ordinance violations.
Section 13 requires that CAR and the family may be referred to LGU and NGO service providers for secondary CNJIP interventions, including youth organizations (Pag-Asa Youth Organization and faith-based organizations; children associations/federations), psychosocial interventions, involvement of former CICL advocates, family therapy, foster family programs, Special Drug Education Centers (SDEC), Family Drug Abuse Prevention Program (FDAPP), and Birth Registration in barangays.
Section 14 provides that tertiary level interventions are remedial and focused on CICL to repair damage, restore wellbeing, and prevent re-offending.
Section 14 requires tertiary interventions to respond to circumstances of serious risk, abuse, exploitation, neglect, or harm, and to include measures avoiding unnecessary contact with formal justice systems, including diversion programs, rehabilitation, reintegration, and aftercare services.
Section 14 requires the LSWDO to conduct an assessment to develop the CICL specific intervention plan.
Section 14 requires strict implementation of the education component by the school head and guidance counselor/guidance teacher, in coordination with the MDT.
Section 14 requires the school to guarantee education availability for CICL through learning schemes including:
- Alternative Learning System (ALS), Alternative Delivery Mode (ADM).
- Open High School Program (OHSP).
- Program EASE (Effective Alternative Secondary Education).
- Home Study Program.
- Internet-based Distance Education Program (iDEP).
- Accreditation and Equivalency Program (A&E).
- Flexible Learning Option (FLO).
- Modified In-School Off-School Approach (MISOSA).
Section 15 defines restorative justice as a process resolving conflicts with maximum involvement of victim, offender and community and achieving reparation, reconciliation, reassurance for reintegration, and enhancement of public safety through prevention strategies.
Section 16 provides the procedure for CAR management, including:
- Reporting and gathering of information: any school personnel or community member with knowledge must immediately refer to the guidance counselor/guidance teacher; the guidance counselor/guidance teacher gathers relevant information including family background for validation.
- Profiling and initial risk assessment: assessment must use the Profiling and Initial Risk Assessment Tools for CAR (Appendix A).
- Development of intervention plan: the guidance counselor/guidance teacher must inform the school head/principal, call the parent/guardian for a case conference, draft an intervention plan consented to by the CAR and parent/guardian with success/improvement indicators, report the agreed plan, and ensure CPC support when necessary.
- Implementation: school head/principal must ensure implementation of the intervention plan.
- Monitoring: guidance counselor/guidance teacher must monitor progress based on agreed indicators and submit a written report to the SDO through the school head/principal.
- Termination: intervention for CAR may be terminated only by the school head/principal upon recommendation of the guidance counselor/guidance teacher; the school head/principal must be informed in all stages of cases and actions.
Section 16 provides CAR status offense procedures where CAR violated local ordinances under Section 57-A of Republic Act No. 9344, as amended, or committed listed light offenses/misdemeanors:
- The CAR must be subjected to intervention programs such as counseling, attendance in CAR group activities, and for parents, attendance in parenting education seminars.
- Restorative justice must be conducted by the CPC acting as RJP as follows:
  - Witnesses or persons with direct knowledge must report to the guidance counselor/guidance teacher or CPC member.
  - After consent is given by the victim, offender, and their respective parents, the RJP must be convened with BCPC or LSWDO representation.
  - Family Group Conferencing must be conducted to create an agreement using Appendix E and repair harm to victim and community and, when appropriate, include the intervention plan for offender and victim.
  - The RJP and a BCPC/LSWDO member must monitor implementation of the agreement and intervention plan.
Section 17 provides CICL management procedures, including Offenses Committed in School:
- For a pupil/student committing a serious offense punishable under special laws such as Section 20-A of Republic Act No. 9344, as amended, or under the Revised Penal Code, the school head/principal with the guidance counselor/guidance teacher must immediately report to a law enforcement officer and refer using Appendix B (CICL Intake Form) to the LSWDO for appropriate action.
- Before referral, the school must strictly observe:
  - Proper identification and presentation of proper ID.
  - Immediate notification of the child’s parents/guardians and the LSWDO about the incident.
  - Explanation to the child in simple language and the language/dialect the child can understand, the reason for the report and referral.
  - Completion of the CICL Intake Form in triplicate copies.
  - Immediate notification and transfer of physical custody of the child to parents and the LSWDO.
- Children above 12 years up to 15 years exempt from criminal responsibility who commit a serious crime under Section 20-A must be deemed an “neglected child” under Presidential Decree No. 603, as amended, and mandatorily placed in a special facility within youth care facility or Bahay Pag-asa called the Intensive Juvenile Intervention and Support Center (IJISC).
- Serious crimes under Section 20-A of Republic Act No. 9344, as amended, are limited to:
  - Parricide.
  - Murder.
  - Infanticide.
  - Kidnapping and serious illegal detention where the victim is killed or raped.
  - Robbery with homicide or rape.
  - Destructive arson.
  - Rape.
  - Carnapping where the driver or occupant is killed or raped.
  - Offenses under Republic Act No. 9165 punishable by more than twelve (12) years of imprisonment.
- The school head/principal must make immediate referral to the LGU LSWDO where the offense was committed or to a DSWD social worker (in the absence of LSWDO) for children above 12 up to 15 who have committed:
  - Serious crimes under Section 20-A.
  - Reported repetition of offenses under Section 20-B.
  - Found abandoned, neglected or abused by parents under Section 20.
- When a pupil/student 15 years and below commits an offense not falling under Section 20, Section 20-A and Section 20-B of Republic Act No. 9344, restorative justice under Section 16 applies.
- When a pupil/student above 15 but below 18 commits an offense not covered under Section 20-A, and there is no complainant or victim and the parents/guardians do not want standard procedures under Republic Act No. 9344, restorative justice applies if written consent of the victim and parents/guardians is submitted to the school head/principal.
- For incidents involving violations under Republic Act No. 9165, teachers/school employees/any person who discovers or finds a violation must report to the school head/principal or immediate superior, who must report to proper authorities.
- Students 18 years of age and above and still in school are covered only when documents show inability to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination due to physical or mental disability or condition under Republic Act No. 7610.
Section 17 provides CICL diversion program procedures:
- If CICL is placed under a diversion program with an education component, the BCPC or LCPC with LSWDO and/or the Division Guidance Supervisor must endorse the child and diversion plan to the school.
- The school must hold a meeting with parents to discuss implementation responsibilities.
- The school head/principal must ensure compliance with school responsibilities under the plan.
- The school must submit an implementation report to the BCPC/LCPC, LSWDO, and SDO through the Division Supervisor for guidance and counseling.
- Confidentiality must be observed to avoid labeling and discrimination; all personnel must ensure rights are upheld during implementation.
Section 17 provides CICL education while in custody and detention/recent rehabilitation settings:
- CICL have the right to education even while in detention.
- Agencies operating detention facilities, youth homes or rehabilitation centers must coordinate through its MDT with the SDO within its locality for provision of education.
- The MDT must supervise education of CICL in Bahay Pag-Asa and other youth homes/rehabilitation centers, and the institutional arrangement between Bahay Pag-Asa and schools must be agreed upon by the MDT and school.
Section 17 provides reintegration education for former CICL out of school:
- Former CICL have a continued right to education and may return through regular enrollment or ALS after confinement.
- The Schools Division Supervisor for guidance and counseling (as MDT member) must facilitate the return or ALS/enrolment in alternative learning schemes if the child wishes.
Section 18 provides that in proceedings involving a child-victim who is a pupil/student of the school, the victim must be provided appropriate intervention consistent with DO No. 40, s. 2012 and DO No. 55, s. 2013.

Documentation, reporting, and recording

Section 19 requires that all proceedings on CAR and CICL be documented by the