Legal basis and policy framework
- The guidelines implement the Juvenile Justice and Welfare framework under Republic Act No. 9344.
- Section 16 of Republic Act No. 9344 requires local government units to appoint a duly licensed social worker to assist children in conflict with the law (CICL).
- The guidelines adopt a paradigm shift from retributive to restorative justice for CICL.
- The restorative justice approach emphasizes that CICL must be made accountable and must be rehabilitated, rather than simply punished.
- Social workers are directed to actively engage the family and community in the rehabilitation and reintegration of CICL.
Coverage and persons governed
- The guidelines apply to social workers of the following:
- DSWD.
- City/Municipal Social Welfare and Development Offices (C/MSWDO).
- Provincial Social Welfare and Development Offices (PSWDO).
- DSWD licensed and accredited non-government organizations (NGOs).
- The guidelines govern how social workers handle and manage cases involving CICL, including diversion proceedings and diversion program implementation.
Core definitions adopted
- Republic Act No. 9344 defines these terms for purposes of the guidelines:
- Child: a person below eighteen (18) years old.
- Child in conflict with the law: a child alleged as, accused of, or adjudged as having committed an offense under Philippine laws.
- Court: a family court, or where there are no family courts, any regional trial court.
- Diversion: an alternative, child-appropriate process determining responsibility and treatment of CICL on the basis of social, cultural, economic, psychological, and educational background without resorting to formal court proceedings.
- Diversion proceeding: a meeting or series of meetings facilitated by a social worker, Punong Barangay, law enforcement officer, prosecutor, or a judge (depending on diversion level) so parties can agree on an appropriate diversion program; diversion uses conciliation, mediation, and family conferencing.
- Diversion program: the program CICL must undergo after being found responsible for an offense without resorting to formal court proceedings.
- Intervention: activities designed to address issues that caused the child to commit an offense; it may be an individualized treatment program including counseling, skills training, education, and other activities enhancing psychological, emotional, and psycho-social well-being.
- Law enforcement officer: a person in authority or agent as defined in Article 152 of the Revised Penal Code, including a barangay tanod.
- Offense: any act or omission punishable under special laws or the Revised Penal Code, as amended.
- Recognizance: an undertaking in lieu of a bond assumed by a parent or custodian responsible for the appearance in court of CICL when required.
- Victimless crime: an offense where there is no private offended party.
Objectives and major case stages
- The guidelines guide social workers in handling CICL who fall into these age and circumstance categories:
- CICL 15 years old and below.
- CICL above 15 but below 18 who committed a crime without discernment.
- CICL above 15 but below 18 who committed a crime with discernment where the imposable penalty is confinement/imprisonment of not more than six years.
- The guidelines guide social workers in conducting diversion proceedings and implementing diversion programs.
- The guidelines guide social workers in assisting diversion proceedings and diversion program implementation for cases handled by Katarungang Pambarangay, law enforcement officers, and prosecutors.
Handling procedures for age categories
- For CICL 15 years old and below:
- The C/MSWDO must conduct an assessment of circumstances and needs to determine immediate actions.
- The social worker handling CICL must not be the same social worker handling the victim if the victim is minor; if no social worker in the city or municipal LGU can handle the victim, the case is referred to the PWSDO or a DSWD-licensed and accredited NGO social worker, with referral to DSWD as the last resort.
- If the CICL’s residence is outside the jurisdiction of the LGU where the offense is committed, the C/MSWDO must facilitate turnover to the LGU where the CICL resides, forwarding:
- C/MSWDO initial assessment report.
- CICL medical certificate.
- Other documents related to apprehension (e.g., police report).
- Documents proving the CICL is 15 years old or below.
- The C/MSWDO must immediately file in court a petition for involuntary commitment when the following exist:
- CICL is abandoned, neglected, or abused by parents or guardians.
- There is threat to the CICL’s safety but parents refuse temporary custody referral to LGU/DSWD institution or NGOs for CICL.
- Parents refuse to comply with intervention programs deemed necessary and appropriate for the CICL.
- The DSWD social worker must provide technical assistance to the C/MSWDO for filing when indicated.
- While the court decides the petition, the CICL must be referred for foster care or to an appropriate DSWD institution or a DSWD licensed and accredited NGO.
- The C/MSWDO must prepare a Social Case Study Report (SCSR) not later than two weeks from turnover to the office.
- The C/MSWDO must implement interventions considering needs and situations of the CICL and family, including options such as:
- counseling; life-skills trainings;
- parent/guardian support services like parent effectiveness service and livelihood programs;
- referrals for services like scholarship and psychiatric/spiritual sessions;
- involvement in youth organizations;
- psychosocial and therapeutic programs;
- and other activities appropriate to needs.
- The C/MSWDO must implement interventions with coordination involving BCPC, school, Sangguniang Kabataan Council, existing support organizations, and community volunteers, with a suggested time frame of six months to one year.
- The C/MSWDO must monitor compliance and response, including:
- visiting the CICL and family at residence;
- interviewing neighbors, teachers, classmates, and significant others on behavioral progress;
- requiring the CICL and parents to report to the office at least once a month.
- The C/MSWDO must assess achievement of rehabilitation goals, considering readiness of the family and community and factors such as:
- school behavior and compliance;
- productive involvement (e.g., spiritual sessions, sports, socio-economic activities);
- no other offense during the intervention period;
- good relationships with family/community or center staff/co-residents, supported by positive accounts from neighbors/co-residents and center staff.
- The C/MSWDO must terminate interventions once the rehabilitation goal is achieved.
- If the CICL and parents/guardian/custodians fail to comply despite exhausting efforts to assist, the C/MSWDO may file a petition for involuntary commitment pursuant to Presidential Decree 603.
- The C/MSWDO must submit a quarterly report to the local council for the protection of children on number of cases served and implementation status.
- For CICL above 15 but below 18 years of age:
- The C/MSWDO must immediately turn over the child to parents; if immediate turnover is not appropriate or possible, it must turn over to a DSWD accredited LGU facility, DSWD licensed and accredited NGO, or a DSWD facility.
- Not exceeding one week, the C/MSWDO must prepare an assessment report on the presence or absence of discernment, based on:
- facts and circumstances;
- educational level and performance;
- appearance, attitude, and demeanor before/during/after the offense;
- and assessment of a psychologist or psychiatrist when requested.
- The assessment report on discernment must be submitted to the referring law enforcement officer.
- If the CICL acted without discernment, case management must follow the same process as for CICL 15 years old and below.
- If the CICL acted with discernment and the crime is a victimless crime with imposable penalty of not more than six years, the C/MSWDO must determine whether diversion is appropriate and desirable, considering:
- nature and circumstances of the offense;
- frequency and severity of the act;
- circumstances of the child (e.g., maturity, intelligence);
- influence of the family/environment on growth of the child;
- weight of evidence against the child;
- safety of the community;
- best interest of the child.
- If the CICL resides outside the offense LGU’s jurisdiction, the case must be turned over to the LGU where the CICL resides, and that LGU determines diversion appropriateness.
- For turnover to receiving LGU, the sending C/MSWDO must forward:
- discernment assessment report;
- medical certificate;
- other apprehension documents (e.g., police report);
- documents proving age (above 15 but below 18).
- If diversion is inappropriate and undesirable, the C/MSWDO must issue a certification to that effect and refer the case to the prosecutor.
- If diversion is appropriate and desirable, the C/MSWDO must meet with the child and parents/guardians to develop a diversion program in coordination with BCPC, Sangguniang Kabataan Council (if enrolled), teachers, faith-based groups, and NGOs when available.
- Examples of diversion programs include:
- counseling for child and family;
- attendance to trainings/seminars/lectures on anger management, problem solving, conflict resolution, values formation, and other life-skills trainings;
- participation in community-based programs, including community service;
- participation in education, vocational, and life skills programs.
- If consent to a diversion contract cannot be obtained from the CICL and parent/guardian, the C/MSWDO must refer the case to the prosecutor.
- Upon reaching agreements, the child, parents, and the social worker must sign a diversion contract.
- The C/MSWDO must implement the diversion program with community assistance, with a suggested length of six months to one year, except when a longer period or thorough rehabilitation is needed based on the social worker’s belief.
- The C/MSWDO must monitor diversion contract compliance through:
- monthly (at least once a month) visits to CICL and family and more frequent as needed;
- school visits if enrolled or workplace visits if employed;
- monthly physical reporting by CICL and parents to the social worker.
- If the CICL fails to comply with the diversion contract, the C/MSWDO must certify the failure and refer the case to the prosecutor.
- For CICL who committed crimes with victims:
- The C/MSWDO’s role is to supervise implementation of the diversion program.
- The C/MSWDO must devise a monitoring and follow-up mechanism to ensure compliance by the child and parents/guardian with the diversion contract.
- The C/MSWDO must determine rehabilitation and reintegration progress of the CICL into the community.
- If the CICL fails to comply with the diversion contract, the C/MSWDO must certify the failure and refer the case as required by the diversion process.
Diversion proceedings requirements and timing
- During diversion proceedings (or assistance in conducting them), authorities conducting the proceedings must ensure:
- The CICL understands accountability, shows remorse, and takes responsibility in repairing harm in lieu of filing a formal court case.
- The CICL is asked about circumstances of the offense, motives/purpose, and factors leading to commission, and about personal circumstances including parents/family, peers, and educational status.
- Diversion proceedings are conducted in a place where identities of the child and parties are kept confidential.
- The record of proceedings must be labeled "CONFIDENTIAL" and must not be disclosed directly or indirectly to anyone by any party or participant.
- The CICL is encouraged to express himself/herself when deciding on the appropriate diversion program.
- Authorities must use language and expressions the CICL can easily understand and must avoid insulting or intimidating words.
- Before asking the CICL to sign a diversion contract:
- the CICL must be allowed to read the contract; and
- if the CICL cannot read, the content must be interpreted and clearly explained.
- The schedule of diversion proceedings must not interfere with the CICL’s school attendance.
- Diversion proceedings must be completed within 45 days upon submission for diversion.
- If no agreements are reached after 45 days, diversion proceedings must be terminated and the case must be filed under regular judicial procedure.
Diversion program formulation and components
- The diversion program is treated as a package of interventions for CICL and families, which may include existing community programs.
- Delivery of the diversion program is treated as a community effort rather than solely the social worker’s responsibility.
- The C/MSWDO must mobilize community structures, especially BCPC, and community resources like volunteers.
- Diversion program formulation must consider factors including:
- the child’s feelings or remorse for the offense;
- the parent’s or legal guardian’s ability to guide and supervise the child;
- the victim’s view on the propriety of measures to be imposed;
- availability of community-based programs for rehabilitation and reintegration;
- record of prior offense, if any;
- the CICL’s individual circumstances including cultural, social, economic, and religious circumstances.
Case management framework using SCSR
- In all CICL cases, the social worker must use case management as a framework utilizing the SCSR as a tool.
- The case management framework requires:
- Identification of the problem as the first task using information from the CICL and parents/guardians, including the offense, circumstances leading to the crime, and immediate result to CICL, family, and community.
- Data gathering to understand the child’s needs, including historical background, strengths/weaknesses, values, plans, relationships, coping ability, and behavior in community and school; and gathering family socioeconomic condition, values, relationships within the family, and family relationship with the community; and gathering community context including culture influencing decision-making and values, availability of basic social services, support structures, community reaction to the offense, and readiness to accept CICL.
- Diagnostic assessment to define the problem, causes and effects, why a type of intervention is required, and the motivation and capacity of the CICL and family to utilize help.
- Treatment plan formulation in agreement with CICL and family/guardians, specifying treatment goals, objectives, activities, strategies, responsible person, time frame, and expected output; allowing modification during implementation when necessary.
- Implementation of the treatment plan with the child and family/guardian/relative, coordinated with BCPC members and other disciplines or center staff when the CICL is in an institution.
- Monitoring and evaluation of progress against the treatment plan and evaluation whether services respond to the child’s needs.
- Termination of the helping relationship when desired behaviors/changes are achieved and parents become fully capable of taking care of the child.
- For CICL placed in an institution, referral to the C/MSWDO for aftercare services.