Law Summary
Coverage
- Guidelines apply to social workers in:
- Department of Social Welfare and Development (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)
Objectives
- Guide social workers in handling:
- CICL aged 15 and below.
- CICL aged above 15 but below 18 found to have committed crimes without discernment.
- CICL aged above 15 but below 18 who committed crimes with discernment involving penalties of imprisonment not exceeding six years.
- Conduct diversion proceedings and programs.
- Assist in diversion proceedings with barangay justice systems, law enforcement, and prosecutors.
Definitions
- Child: Person below 18 years old.
- CICL: Child alleged or adjudged to have committed an offense.
- Court: Family Court or Regional Trial Court where no family court exists.
- Diversion: Child-appropriate alternative to formal court based on social, cultural, economic, psychological and educational context.
- Diversion Proceeding: Meetings led by authorized personnel to agree on diversion programs.
- Diversion Program: Programs the child undergoes instead of formal court.
- Intervention: Activities designed to address causes of offending; may include counseling, skills training.
- Law Enforcement Officers: Persons with authority including barangay tanods.
- Recognizance: Parent or custodian's bond for child's court appearance.
- Victimless Crime: Offense with no private offended party.
Procedures for CICL 15 Years Old and Below
- C/MSWDO conducts assessment of child's circumstances and needs.
- Different social workers handle victim and CICL if victim is minor.
- Cases referred appropriately if no social worker available locally.
- Cases involving non-residence are transferred to LGU of residence with relevant documents.
- Petition for involuntary commitment filed if child is abandoned, unsafe, or parents refuse interventions.
- While petition is pending, child referred to foster care, institution, or NGO service.
- Social case study report (SCSR) prepared within two weeks to determine interventions.
- Intervention programs developed based on child and family needs, including counseling, skills training, family support, community involvement.
- Program duration suggested at six months to one year.
- C/MSWDO monitors compliance through home visits, interviews, and regular reporting.
- Rehabilitation assessed on behavior, productive involvement, offense recurrence, and community acceptance.
- Interventions terminated upon achievement of rehabilitation goals or petition filed for involuntary commitment if non-compliance.
- Quarterly reports submitted to local council for protection of children.
Procedures for CICL Above 15 But Below 18 Years Old
- Child turned over to parents unless unsafe or inappropriate; then referred to accredited LGU/NGO/DSWD facilities.
- Assessment report on presence or absence of discernment prepared within one week.
- If lack of discernment, same procedure as CICL 15 or below.
- If discernment present and crime victimless with penalty up to six years, appropriateness of diversion is evaluated considering offense nature, child’s circumstances, family influence, evidence, community safety, and child’s best interest.
- Cases from other jurisdictions transferred appropriately.
- Diversion inappropriate: certification issued and case referred to prosecutor.
- Diversion appropriate: diversion program developed with child and family consent; examples include counseling, training, community service, education.
- Diversion contract signed by child, parents, and social worker.
- Diversion program implementation monitored; non-compliance results in referral to prosecutor.
Procedures for CICL Who Committed Crimes with Victims
- C/MSWDO supervises diversion program implementation.
- Monitoring and follow-up mechanisms ensure compliance.
- Failure to comply triggers certification and referral to prosecutor.
Conduct of Diversion Proceedings
- CICL must understand accountability and show remorse.
- Child questioned regarding offense circumstances and personal background.
- Proceedings conducted confidentially; records labeled confidential.
- CICL encouraged to express views and uses understandable language.
- CICL reviews diversion contract before signing; contract explained if child illiterate.
- Proceedings scheduled not to interfere with schooling.
- Diversion proceedings concluded within 45 days; if no agreement, formal court filing ensues.
Formulation of Diversion Program
- Diversion programs include existing community resources; community participation emphasized.
- Factors considered:
- Child’s remorse.
- Guardian’s ability to supervise.
- Victim’s perspective.
- Availability of community rehabilitation programs.
- Prior offenses.
- Child’s cultural, social, economic and religious context.
Case Management Framework
- Identification of problems involves assessing offense details, child and family impact.
- Data gathering covers background, strengths, family dynamics, community environment.
- Diagnostic assessment defines causes, intervention needs, motivation and capacity.
- Treatment plan formulated with child and family agreement including goals, activities, timeframes.
- Implementation coordinated with family, community, and institutions.
- Continuous monitoring and evaluation of progress and service effectiveness.
- Termination upon achievement of goals and family’s readiness; aftercare provided for institutionalized CICL.
Effectivity
- Guidelines take effect immediately and repeal conflicting prior guidelines.