May 18, 2015
DepEd Order No. 18, s. 2015
DepEd Guidelines and Procedures on the Management of Children-at-Risk (CAR) and Children in Conflict with the Law (CICL)
Directors of Services, Centers and Heads of Units
Regional Secretary, ARMM
Schools Division Superintendents
Heads, Public and Private Elementary and Secondary Schools
All Others Concerned
- For the information and guidance of all concerned, the Department of Education (DepEd) issues the enclosed copy of the Guidelines and Procedures on the Management of Children-at-Risk (CAR) and Children in Conflict with the Law (CICL).
- All other DepEd rules, regulations and issuances which are inconsistent with these guidelines and procedures are deemed amended accordingly upon its effectivity.
- This Order shall take effect immediately upon its issuance.
- Immediate dissemination of and strict compliance with this Order is directed.
(Sgd.) BR. ARMIN A. LUISTRO FSC
(Enclosure to DepEd Order No. 18, s. 2015)
DepEd Guidelines and Procedures on the Management of Children-at-Risk (CAR) and Children in Conflict with the Law (CICL)
I. General Provisions
Section 1. Rationale
Incidents of violence involving children in the school setting have been reported to the Department of Education (DepEd), which include physical and sexual violence, gang-related and fraternity violence, drug and alcohol abuse, and other similar acts. While there have been initiatives at the school level, there is no integrated system within the Department to respond to these concerns. Hence, there is a need for a policy for the management of Children in Conflict with the Law (CICL) and Children-at-Risk (CAR) of offending.
As a member agency of the Juvenile Justice and Welfare Council (JJWC), (Section 8, RA No. 9344, as amended) the DepEd is mandated to issue appropriate guidelines for the implementation of the Juvenile Justice and Welfare Act, RA No. 9344, as amended (Rule 18, RIRR of RA No. 9344, as amended), thus these guidelines and procedures on the management of CAR and CICL with the aim of assisting schools and Community Learning Centers (CLC), including all concerned authorities, in the management of CICL and CAR of offending.
Section 2. Statement of Policy
The Department has the vital role of ensuring that pupils, students, or learners are protected and their rights respected. When there are CAR, the responsibility is to prevent them from being in conflict with the law. For CICL, the goal is to facilitate reintegration to the school and community and prevent them from re-offending.
Pursuant to the 1987 Philippine Constitution, the State shall protect and promote the right of all citizens to quality education at all levels, and shall take appropriate steps to make such education accessible to all (Sec. 1, Art. XIV). Moreover, it shall defend the right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their development (Sec. 3 (b), Art. XV, 1987 Philippine Constitution).
The core principles of the United Nations Convention on the Rights of the Child (UNCRC) such as non-discrimination, best interest of the child, the right to life, survival and development, and respect for the views of the child govern all States Parties in all actions concerning children. Consequently, the welfare of children is given the utmost priority, always ensuring the promotion of their sense of dignity and worth in every situation.
Republic Act No. 9344, as amended, otherwise known as Juvenile Justice and Welfare Act of 2006, mandates all educational institutions to provide adequate, necessary and individualized educational schemes for children who are manifesting difficult behavior, CAR, and CICL and to work together with families, community organizations and agencies in the prevention of juvenile delinquency and in the rehabilitation and reintegration of CICL (Rule 16, RIRR of RA No. 9344, as amended).
The issuance of these guidelines and procedures supports the DepEd Child Protection Policy (DO No. 40, s. 2012), Implementing Rules and Regulations of RA No.10627 also known as Anti-Bullying Act of 2013 (DO No. 55, s. 2013), as well as the prohibition of the practice of hazing and the operation of fraternities and sororities in elementary and secondary schools (DO No.7, s. 2006).
II. Definition of Terms
Section 3. Definition of terms
As used in these guidelines and procedures:
A. Bahay Pag-Asa refers to a 24-hour child-caring institution established, funded and managed by Local Government Units (LGUs) and licensed and/or accredited Non-Government Organizations (NGOs) providing short-term residential care for children in conflict with the law who are above fifteen (15) but below eighteen (18) years of age who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction.
Part of the features of a Bahay Pag-asa is an Intensive Juvenile Intervention and Support Center. This will cater to children in conflict with the law in accordance with Sections 20, 20-A and 20-B of RA No. 9344, as amended.
A Multi-Disciplinary Team (MDT) composed of a social worker, a psychologist/mental health professional, a medical doctor, an educational/guidance counselor and a member of the Barangay Council for the Protection of Children (BCPC), shall operate the Bahay Pag-asa. The MDT will work on the individualized intervention plan with the child and the child’s family (Rule 2 (2), RIRR of RA No. 9344, as amended).
B. Child refers to a person under the age of eighteen (18) years (Sec. 4. (c), RA No. 9344, as amended).
C. Child in Conflict with the Law or CICL refers to a child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws (Section 4. (e), RA No. 9344, as amended).
D. Child-at-Risk or CAR refers to a child who is 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 because of personal, family and social circumstances such as, but not limited to, the following:
- being abused by any person through sexual, physical, psychological, mental, economic or any other means, and the parents or guardian refuse, are unwilling, or unable to provide protection for the child;
- being exploited including sexually or economically;
- being abandoned or neglected, and after diligent search and inquiry, the parents or guardians cannot be found;
- coming from a dysfunctional or broken family or being without a parent or guardian;
- being out of school;
- being a street child;
- being a member of a gang;
- living in a community with a high level of criminality or drug abuse; and
- living in situations of armed conflict.
Moreover, it may also refer to a child who has violated ordinances enacted by local governments concerning juvenile status offenses such as, but not limited to, curfew violations, truancy, parental disobedience, anti-smoking and antidrinking laws, as well as light offenses and misdemeanors against public order or safety such as, but not limited to, disorderly conduct, public scandal, harassment, drunkenness, public intoxication, criminal nuisance, vandalism, gambling, mendicancy, littering, public urination, and trespassing.
Children-at-Risk also includes those who commit:
- A status offense under Section 57 of RA No. 9344 as amended;
- Prostitution under Section 202 of the Revised Penal Code, as amended;
- Mendicancy under Presidential Decree No. 1563; and
- Sniffing of rugby under Presidential Decree No. 1619.
The Juvenile Justice and Welfare Council (JJWC) shall, from time to time, issue resolutions identifying other offenses for which a child shall be considered as a CAR and not a CICL (Rule 2 (8), RIRR of RA No. 9344, as amended).
E. Diversion refers to an alternative, child-appropriate process of determining the responsibility and treatment of a CICL on the basis of his/her social, cultural, economic, psychological or educational background without resorting to formal court proceedings. (Sec. 4 (i), RA No. 9344, as amended).
F. Diversion Program refers to the program that the CICL is required to undergo after he/she is found responsible for an offense without resorting to formal court proceedings. (Sec. 4 (j), RA No. 9344, as amended).
G. Intervention refers to programmatic approaches or systematic social protection programs for children that are designed and intended to:
- Promote the physical and social well-being of the children;
- Avert or prevent juvenile delinquency from occurring; and
- Stop or prevent children from re-offending (Rule 2 (18), RIRR of RA No. 9344, as amended).
III. Rights of Children in Conflict with the Law (CICL)
Section 4. Rights of Children in Conflict with the Law (CICL)
Every CICL shall have the following rights, including but not limited to:
A. the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment;
B. the right not to be imposed a sentence of capital punishment or life imprisonment, without the possibility of release;
C. the right not to be deprived, unlawfully or arbitrarily, of his/her liberty; detention or imprisonment being a disposition of last resort, and which shall be for the shortest appropriate period of time;
D. the right to be treated with humanity and respect, for the inherent dignity of the person, and in a manner which takes into account the needs of a person of his/her age. In particular, a child deprived of liberty shall be separated from adult offenders at all times. No child shall be detained together with adult offenders. He/She shall be conveyed separately to or from court. He/She shall await hearing of his/her case in a separate holding area. A CICL shall have the right to maintain contact with his/her family through correspondence and visits, save in exceptional circumstances;
E. the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his/her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on such action;
F. the right to bail and recognizance, in appropriate cases;
G. the right to testify as a witness in his/her own behalf under the Rule on Examination of a Child Witness;
H. the right to have his/her privacy respected fully at all stages of the proceedings;
I. the right to diversion if he/she is qualified and voluntarily avails of the same;
J. the right to be imposed a judgment in proportion to the gravity of the offense, and where his/her best interest, the rights of the victim and the needs of society are all taken into consideration by the court, under the principle of restorative justice;
K. the right to have restrictions on his/her personal liberty limited to the minimum, and where discretion is given by law to the judge to determine whether to impose a fine or imprisonment, the imposition of fine being preferred as the more appropriate penalty;
L. in general, the right to automatic suspension of sentence;
M. the right to probation as an alternative to imprisonrpent, if qualified under the Probation Law;
N. the right to be free from liability for perjury, concealment or misrepresentation; and
O. other rights as provided for under existing laws, rules and regulations.
The State further adopts the provisions of the United Nations Standard Minimum Rules for the Administration of Juvenile Justice or the “Beijing Rules”, United Nations Guidelines for the Prevention of Juvenile Delinquency or the “Riyadh Guidelines”, and the United Nations Rules for the Protection of Juveniles Deprived of Liberty.
These rights of CICL shall serve as guiding principles in the administration of the Juvenile Justice and Welfare System (Rule 8, RIRR of RA No. 9344, as amended).
IV. Duties and Responsibilities
Section 5. Central Office
The DepEd Central Office, in coordination with the JJWC, shall be responsible for planning, implementation, monitoring and evaluation of the juvenile justice and welfare program of the Department.
Section 6. Regional Offices
The Regional Director or the Assistant Regional Director shall be one of the permanent members of the Regional Juvenile Justice and Welfare Committee (RJJWC). He/She shall also be assisted by the Regional Education Program Supervisor for Guidance Counseling as alternate member of the RJJWC.
The Regional Offices shall have the following duties and responsibilities:
A. Provide inputs and implement the work plan of the RJJWC;
B. Ensure implementation of these guidelines and procedures within the Region;
C. Maintain a database and consolidate data on incidents and cases of CAR and CICL of the Divisions within the Region and submit the required data to the RJJWC and the Undersecretary for Legal and Legislative Affairs of this Department;
D. Monitor and evaluate the implementation and enforcement of these guidelines and procedures by the Divisions; and
E. Establish linkages with service providers and stakeholders and support the referral system within the region.
Section 7. Division Offices
The Schools Division Offices (SDOs) shall have the following duties and responsibilities:
A. Coordinate with the Local Government Units (LGUs), Local Social Welfare and Development Office (LSWDO), Non-Government Organizations (NGOs), faith-based organizations, Multi-Disciplinary Team (MDT) of the Bahay Pag-asa, and other service providers for the effective implementation of these guidelines and procedures to facilitate the management of CAR and CICL. The Schools Division Supervisor of Guidance and Counseling shall serve as member of the MDT representing the Department. A guidance counselor designated by the Schools Division Superintendent (SDS) shall be the alternate.
B. Ensure the integration of these guidelines in the following activities such as, but not limited to:
1. Training programs such as the Summer Institute and other In-service Trainings;
2. Teacher Induction Program;
3. Capacity building initiatives such as professional meetings, conferences and symposia of teachers, parents and students;
4. Community Outreach Program;
5. Abot-Alam Program.
C. Organize and conduct capacity-building activities for members of the Child Protection Committee and Guidance Counselors or Guidance Teachers in schools. This shall include, but are not limited to, the identification of students who may be at-risk of behaving in a way that can harm themselves or others, or are vulnerable and at risk of being pushed and exploited to come into conflict with the law because of personal, family and social circumstances;
D. Maintain a database and consolidate reports on incidents and cases of CAR and CICL from all schools, and submit the Schools Division data to the Regional Office (Annex A, DO 40, s. 2012 and Appendices D & F of these guidelines);
E. Give recommendations to the Regional Office and implement measures addressing abuse, exploitation, violence and discrimination, and bullying or peer abuse of children, consistent with this Department Order, DepEd Child Protection Policy, and the Anti-Bullying Law;
F. Ensure the implementation and enforcement by public and private schools of these guidelines and procedures along with the Child Protection Policy, the Anti-Bullying Law and other related policies;
G. Support the activities and campaigns of stakeholders on the prevention and intervention programs for CAR and CICL;
H. Assist the LGU, through the LCPC, in the development and implementation of the Comprehensive Local Juvenile Intervention Program (CUIP); and
I. Perform such other functions as may be assigned by the Secretary of Education or the Regional Director.
Section 8. Schools
The school heads shall have the following duties and responsibilities:
A. Work together with families, community organizations and agencies to intensify campaign on crime prevention in the community thus prevent juvenile delinquency. This may be done through, but are not limited to:
- Awareness-raising program or capability building activities;
- Prevention programs or campaigns; and
- Implementation of intervention plans.
B. Provide adequate, necessary and individualized educational schemes and interventions for CAR and CICL;
C. In cases where CICL are taken into custody or placed in a Bahay Pag-asa and youth rehabilitation centers, provide the opportunity to continue their learning under an Alternative Learning System (ALS) with basic literacy program or non-formal education accreditation and equivalency system;
D. Develop and implement primary and secondary intervention programs for CAR;
E. Train members of the Child Protection Committee and guidance counselors or guidance teachers and other school personnel with regard to restorative justice;
F. Coordinate with the teachers of CAR or CICL to monitor the child’s progress and development in line with the intervention or diversion plan prepared;
G. Maintain case records of CAR and CICL (Appendices A, B, C and E) and submit annual consolidated data on cases of CAR and CICL to the SDO (Annex A, DO No. 40, s. 2012, Appendices D and F of these guidelines). In doing so, the school personnel shall observe utmost confidentiality in the management of records/documents and all proceedings related to incidents involving CAR and CICL (Sec. 43 of RA No. 9344, as amended);
H. Coordinate with appropriate offices, agencies, organizations, and persons for appropriate assistance and intervention, as may be required in the performance of its functions; and
I. Perform such other functions as may be assigned by the Secretary of Education, the Regional Director or the Schools Division Superintendent.
V. Child Protection Committee (CPC)
Section 9. Composition, Duties and Responsibilities
Under DepEd Order No. 40, s. 2012, all public and private elementary and secondary schools shall establish a Child Protection Committee (CPC). For the implementation of this Order, the CPC shall also be the committee responsible for juvenile justice and welfare in the school.
A. The CPCs shall be composed of the following:
1. School Head/Administrator – Chairperson
2. Guidance Counselor/ Teacher – Vice Chairperson
3. Representative of the teachers as designated by the Faculty Club
4. Representative of the parents as designated by the Parents-Teachers Association
5. Representative of pupils/students as designated by the Supreme Student/Pupil Government
6. Representative from Barangay Council for the Protection of Children (BCPC) as designated by the Punong Barangay
B. In addition to the duties and responsibilities of the CPC under DepEd Order No. 40, s. 2012, and DepEd Order No. 55, s. 2013, the CPC shall also constitute as a Restorative Justice Panel (RJP) when deemed appropriate, with the guidance counselor or guidance teacher as an ex-officio member. The panel along with the LSWDO shall conduct the family group conferencing as provided in Section 17 of these guidelines;
VI. Capacity Building for School Officials, Personnel, Parents and Students
Section 10. Capacity-building
A. The Central Office, in coordination with JJWC, shall develop learning modules for CAR and CICL as well as, training modules for the service providers of the Department and the CPCs;
B. The SDO shall conduct the appropriate capacity-building activities for CPCs within the Division and shall monitor the implementation thereof;
C. The SDO shall ensure that guidance counselors and guidance teachers shall possess specialized skills in handling various issues and concerns affecting CAR and CICL. It shall also provide appropriate training to the guidance counselors, guidance teachers and other school personnel based on the requirements provided in these guidelines and procedures;
D. All public and private primary and secondary schools shall conduct regular capacity-building activities for school officials, personnel, parents and students. In public schools, these activities shall be integrated in the School Improvement Plan (SIP) and the school’s Annual Implementation Plan (AIP).
VII. Prevention and Intervention Programs for Children-at-Risk and Children in Conflict with the Law
Section 11. Basic Principles
A. The DepEd operates within a child-centered framework consistent with the principles of the Comprehensive National Juvenile Intervention Program (CNJIP) under RA No. 9344, as amended. In this regard, the goals of interventions are the fulfilment of the child’s rights ensuring that he/she is not in circumstances of being at risk and in conflict with the law. Further, it is essential to consider that the child lives in the context of interrelated environmental systems, such as the family, school, and community, which might influence or affect his/her growth and development. Thus, the needs and problems of the family and the community are also addressed by the intervention programs to achieve full development, rehabilitation and reintegration of the child.
B. In all matters and proceedings concerning the child, their rights shall be respected and upheld at all times.
C. Consistent with the CNJIP, the intervention program of the Department runs in a continuum and is not linear. While interventions have three levels, namely: primary, secondary and tertiary, the levels are not hierarchical but are interlinked to address circumstances of CAR and CICL. Therefore, interventions may be administered individually, in combination, or simultaneously to address the various concerns of the child in relation to the underlying causes of his/her being a CAR or a CICL.
Section 12. Primary Level Interventions
Primary level interventions include general measures to promote social justice and equal opportunity, which tackle the perceived root causes of offending. These shall include programs on advocacy, and socio-economic, health and nutrition, training and education services which shall be provided in collaboration with the family and the community where the child lives.
Strategies and Programs in Schools
Intervention and program models are aimed at reducing delinquency among pupils/students, including learners and out-of-school youth under the Alternative Learning System and Alternative Delivery Mode of the Department. These include strategies which will not only save young lives, but also prevent the development of adult criminals at the onset and thus reduce crime. In this regard, the following activities are geared toward information and prevention campaigns against violence and risky behavior which also integrate the primary interventions provided in the Comprehensive National Juvenile Intervention Program (CNJIP):
A. Positive Youth Development (PYD) Programs which engage young people in proactive and constructive activities geared towards developing their strengths and character. This may be done through:
1. Creation of Youth Resource Center and implementation of after-school programs;
2. Institutionalization of activities for children and youth such as congress, camp, summit, forum;
3. Strengthening of child and youth organizations like Sangguniang Kabataan (SK), Pag-asa Youth Association of the Philippines (PYAP) and Church-Based Organizations, Barangay Children Associations, Children Federations like National Coalition of Children Association of the Philippines (NACCAP) and the National Anti-Poverty Commission – Children and Youth Sector.
B. Parent-Child Integration Program which allows family encounter and bonding. Parents are led to be more involved in their children’s schooling in the process;
C. School-wide behavior management program using positive discipline and non-violent approach to student discipline concerns;
D. Value formation activities and life skills training for the children;
E. Health services; and
F. Seminars, workshops, and trainings that promote awareness on the ill-effects of risky behavior, that enhance parent effectiveness skills, that develop coping or adjustment skills among children/youth and that explore venues that provide for home-school-community collaboration to achieve the goal of the primary intervention.
Section 13. Secondary Level Interventions
A. Secondary level interventions are preventive and protective in nature. These are strategies that assist the child identified as at risk to prevent him/her from committing an offense. Interventions are needs-specific and age-appropriate to the CAR, which will lead the child back to his/her expected development course. Active involvement of the family, including the community, is essential at this level to ensure better results.
B. The initial identification of CAR shall be conducted by the guidance counselor or guidance teacher using the Identification and Risk Assessment Tool (Appendix A) to come up with the profile of the pupil/student. However, where appropriate, the child shall be referred to the proper government agency or nongovernment organization where a psychologist, psychiatrist, or social worker may conduct professional assessment.
C. The recommended intervention plan developed by the guidance counselor or guidance teacher, in cooperation of the CPC and other stakeholders, should be responsive to the needs of the child and based on individual assessment. It includes, but shall not be limited to, the following:
1. Guidance counseling;
2. Peer counseling;
3. Behavior Management Program, such as anger management and conflict resolution;
4. Parenting skills training or parent effectiveness seminar;
5. Home visitation service;
6. Mentoring program;
7. After-school activities, such as remedial classes, and extracurricular activities;
8. Referral of children with special needs to other service-providers such as DSWD, Child Protection Unit, NGOs; and
9. Other interventions which may be provided by the local government in cases of violation of the local ordinances.
D. In addition, the CAR and his or her family may be referred to LGU and NGO service-providers to allow them to participate in and access the following CNJIP secondary interventions:
1. Youth organization such as Pag-Asa Youth Organization and Faith-based Organization, Children Association/Federation;
2. Psychosocial intervention such as group/individual sessions by the social worker with CAR;
3. Involvement of former CICL in self-help groups as advocates;
4. Family therapy for the family of CAR;
5. Programs involving foster families;
6. Special Drug Education Centers (SDEC);
7. Family Drug Abuse Prevention Program (FDAPP); and
8. Birth Registration in barangays.
Section 14. Tertiary Level Interventions
A. Tertiary level interventions are remedial in nature and are specifically focused on the CICL. These interventions aim to repair the damage created as a result of his or her offense, restore the child’s wellbeing, and prevent re-offending.
B. Interventions at the tertiary level are necessary to respond to circumstances where a child is at serious risk of or is being abused, exploited, neglected or harmed in any way. These include measures to avoid unnecessary contact with the formal justice system and other measures to prevent re-offending, such as: diversion programs, rehabilitation, reintegration and aftercare services.
C. The LSWDO will conduct an assessment to develop the specific intervention plan for the CICL. The school head and the guidance counselor or guidance teacher, in coordination with the MDT, shall ensure the strict implementation of the education component of the individualized intervention plan prepared for the CICL. Likewise, the school shall at all times guarantee that education is provided and available for CICL through various available learning schemes such as, but are not limited to:
1. Alternative Learning System (ALS);
2. Alternative Delivery Mode (ADM);
3. Open High School Program (OHSP);
4. Program EASE (Effective Alternative Secondary Education);
5. Home Study Program;
6. Internet-based Distance Education Program (iDEP);
7. Accreditation and Equivalency Program (A&E);
8. Flexible Learning Option (FLO); and
9. Modified In-School Off-School Approach (MISOSA).
VIII. Procedures in the Management of Cases of Children-at-Risk and Children in Conflict with the Law
Section 15. Principle of Restorative Justice
Restorative justice refers to a principle that requires a process of resolving conflicts with the maximum involvement of the victim, the offender and the community. It seeks to achieve the following:
A. Reparation for the victim;
B. Reconciliation of the offender, the offended and the community;
C. Reassurance to the offender that he/she can be reintegrated into society; and
D. Enhancement of public safety by activating the offender, the victim and the community in prevention strategies (Rule 5, RIRR of RA No. 9344, as amended).
Section 16. Procedure in the Management of Children-at-Risk
A. Children at Risk of Committing Criminal Offense
1. Reporting and Gathering of Information
Reporting of children at risk of committing criminal offenses because of personal, family and social circumstances shall be the responsibility of any school personnel, teaching and nonteaching, or any member of the community who has the knowledge thereof. He or she shall immediately refer the information to the guidance counselor or guidance teacher. Upon receipt of such information, the guidance counselor or guidance teacher shall gather relevant information about the child, including his/her family background for validation purposes.
2. Profiling and Initial Risk Assessment
Based on the relevant information gathered, the guidance counselor or guidance teacher shall assess the child at risk using the Profiling and Initial Risk Assessment Tools for Children-at-Risk (Appendix A).
3. Development of Intervention Plan
Based on the data gathered and risk assessment conducted, the guidance counselor or guidance teacher shall:
a. Inform the school head/principal about the CAR;
b. Call the parent or guardian for a case conference;
c. Draft an appropriate intervention plan consented to by the CAR, his/her parent/guardian, including the therein indicators of success or improvement;
d. Report to the school head/principal the agreed intervention plan; and
e. When necessary, the CPC shall provide support as provided in DO No. 40, s. 2012.
The school head/principal shall ensure that the intervention plan made during the case conference shall be implemented.
The guidance counselor or guidance teacher shall monitor the implementation of the intervention plan and the progress of the CAR based on the agreed indicator of improvement or success as a result of the intervention plan. The guidance counselor or guidance teacher shall also submit a written report to the SDO, through the school head/principal.
The intervention for the CAR shall only be terminated by the school head/principal upon recommendation of the guidance counselor or guidance teacher.
In all stages of the process, the school head/principal shall be duly informed of the cases and actions taken involving the CAR.
B. Children-at-Risk with Status Offense Violation
When a CAR has violated local ordinances concerning juvenile status offenses under Section 57-A of RA No. 9344, as amended, such as, but not limited to, curfew violations, truancy, parental disobedience, anti-smoking and anti-drinking laws or has committed light offenses and misdemeanours against public order or safety such as, but not limited to, disorderly conduct, public scandal, harassment, drunkenness, public intoxication, criminal nuisance, vandalism, gambling, mendicancy, littering, public urination, and trespassing, the child shall be subjected to the following:
1. Intervention programs, such as counseling, attendance in group activities for CAR, and for the parents, attendance in parenting education seminars; and
2. Restorative justice procedure shall be conducted by the CPC acting as Restorative Justice Panel (RJP) as follows:
a. Anybody who witnesses or has direct knowledge of the incident will report to the guidance counselor or guidance teacher or to a member of the CPC;
b. When appropriate and after consent is given by the victim, the offender and their respective parents, a Restorative Justice Panel (RJP) shall be convened with the member of the BCPC or the LSWDO;
c. Family Group Conferencing (FGC) shall be conducted by the RJP to come up with an agreement using Appendix E of these guidelines. This is to repair the harm done by the CAR to his/her victim and to the community and when appropriate, to include the intervention plan for the offender and the victim; and
d. The RJP and a member of the BCPC or the LSWDO will monitor the implementation of the agreement and the intervention plan.
Section 17. Procedure in Managing Children in Conflict with the Law (CICL)
A. Offenses Committed in School
1. When a pupil/student commits a serious offense punishable under special laws such as Section 20-A of RA No. 9344, as amended, or under the Revised Penal Code, the school head/principal with the assistance of the guidance counselor or guidance teacher shall report the case immediately to the law enforcement officer and refer the case using Appendix B (CICL Intake Form) of these guidelines to the LSWDO for appropriate action.
However, before the referral, the following procedures shall be strictly observed:
a. Properly identify oneself and present proper identification to the child;
b. Immediately notify the child’s parents or guardians, and the LSWDO about the incident;
c. Explain to the child, in simple language and in a language or dialect the child can understand, the reason for the report, and the referral to the proper authorities;
d. Accomplish CICL Intake Form (Appendix B of these guidelines) in triplicate copies; and
e. The notification and transfer of the physical custody of the child to the parents and LSWDO shall be made immediately.
2. Children above 12 years of age up to 15 years of age who are exempt from criminal responsibility and who commit a serious crime provided under Sec. 20-A of RA No. 9344, as amended, shall be deemed a “neglected child” under Presidential Decree No. 603, as amended and shall be mandatorily placed in a special facility within the youth care facility or Bahay Pag-asa called the Intensive Juvenile Intervention and Support Center (DISC).
Serious crimes under Section 20-A of RA No. 9344, as amended, are limited to the following:
d. Kidnapping and serious illegal detention where the victim is killed or raped;
e. Robbery with homicide or rape;
f. Destructive arson;
h. Carnapping where the driver or occupant is killed or raped; and
i. Offenses under Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002) punishable by more than twelve (12) years of imprisonment.
Immediate referral to the LSWDO of the LGU where the offense was committed or to a DSWD social worker, in the absence of the LSWDO, shall be made by the school head/principal for cases of children above 12 years up to 15 years of age who have committed: 1) serious crimes under Section 20-A; 2) reported for repetition of offenses under Section 20-B; and 3) found to be abandoned, neglected or abused by his/her parents under Section 20 (RA No. 9344, as amended).
3. When the pupil/student who are 15 years of age and below and the offense committed does not fall under Sec. 20, Sec. 20-A and Sec. 20-B of RA No. 9344, as amended; the Restorative Justice Procedure under Section 16 of these guidelines shall be applied.
4. When the pupil/student who commits an offense not covered under Section 20-A of RA No. 9344, as amended, is above 15 years but below 18 years of age and there is no complainant or victim and the parents or guardians do not want to go through the standard procedures provided under RA No. 9344, as amended, the restorative justice procedure shall likewise be applied as discussed in Section 16 of these guidelines. Provided, further, that a written consent of the victim and the parents or guardians is submitted to the school head/principal.
5. When an incident involves an offense under the Comprehensive Dangerous Act of 2002 (RA No. 9165), teachers or school employee or anybody who discovers or finds that any person in the school or within its immediate vicinity has violated any provisions under RA No. 9165, shall report the incident to the school head/principal or immediate superior, who shall in turn, report the matter to the proper authorities.
These guidelines and procedures however, shall not cover students who are 18 years of age and above and are still in school unless documents are submitted showing that they are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition (RA No. 7610).
B. CICL Undergoing Diversion Program
If a CICL has been placed under a diversion program pursuant to RA No. 9344, as amended, and the diversion plan includes an education component, the BCPC or LCPC with the LSWDO and/or the Division Guidance Supervisor shall endorse the child and the diversion plan to the school. Upon receipt of the diversion plan, the school head/principal, guidance counselor or guidance teacher and teacher-adviser shall hold a meeting with the parents of the CICL to discuss how the diversion plan shall be implemented. The principal shall ensure that the responsibilities of the school under the plan are complied with.
A report on the implementation of the diversion plan shall be submitted by the school head/principal to the BCPC or LCPC, LSWDO and the SDO through the Division Supervisor for guidance and counseling. Confidentiality shall be observed in handling reports to avoid labelling and discrimination of the CICL in the process. Moreover, it is the duty of all concerned school personnel and all those who will come in contact with the CICL in the school to ensure that his/her rights are always upheld during the implementation of the intervention plan.
C. CICL in Bahay Pag-asa, Detention and Other Rehabilitation Center
CICL have the right to education even while in detention. Agencies operating detention facilities, youth homes or rehabilitation centers shall coordinate through its MDT, with the SDO within its locality, for the provision of education for CICL. Education-related interventions shall be provided to the CICL as mentioned in Section 14 of these guidelines and procedures, whichever is best suited to the CICL’s need and situation.
The MDT shall supervise the education of CICL in Bahay Pag-asa and other youth homes and rehabilitation centers. The institutional arrangement between the Bahay Pag-asa and the school shall be agreed upon by the MDT and the school.
D. Former CICL Who Are Out of School
Children in conflict with the law have a continued right to education and may return to school through regular enrolment or through ALS after periods of confinement. The Schools Division Supervisor for guidance and counseling, as a member of MDT, shall facilitate the return of the former CICL to formal school or enrolment in ALS or other alternative learning schemes if he or she so wishes.
This will form part of the process of reintegration of the former CICL to the community.
Section 18. Child-Victim
In the conduct of all the proceedings, the victim who is a pupil/student of the school shall be provided with the appropriate intervention in accordance with the provisions of DO No. 40, s. 2012 and DO No. 55, s. 2013.
Section 19. Reporting
All proceedings in handling cases of CAR or CICL shall be documented by the guidance counselor or guidance teacher using the necessary annexed forms (Appendices A, B, C, D, and E of these guidelines and Annex A of DO No. 40, s. 2012).
All elementary and secondary schools shall submit to the SDO the annual report of all cases involving CAR and CICL in schools (Appendices D and F of these guidelines & Annex A, DO No. 40, s. 2012).
The SDO shall consolidate the reports of all the schools within the Division using the report forms (Appendices D and F) and submit the same to the Regional Office (RO).
The RO shall submit a consolidated report of the cases of CAR and CICL within the region to the RJJWC, and to the Central Office through the Office of the Undersecretary for Legal and Legislative Affairs.
Section 20. Recording
The data on the number of cases of CAR and CICL, and the action taken shall be recorded using the attached forms in these guidelines, Appendices A, B, C, and consolidated for reporting to the SDO using Appendices D and F.
Consistent with Section 19 of these guidelines, detailed information of all the procedures done to the CAR or CICL such as intervention programs shall be faithfully and accurately recorded for the purpose of ensuring the correct application of the provisions of RA No. 9344, as amended.
XI. Private Schools
Section 21. Private Schools
Private schools are encouraged to promulgate their own juvenile justice and welfare policies consistent with these guidelines.
XII. Confidentiality of Records
Section 22. Confidentiality
The status and records of the cases of the CAR and CICL in all agencies involved shall be kept confidential. Records in school shall be solely under the custody of the guidance counselor or guidance teacher and shall only be released upon the expressed written consent of the child and his or her parents or through a court order.
Unauthorized disclosure of the confidential records of the CAR or CICL shall constitute an administrative offense and shall be dealt with accordingly.
Section 23. Effectivity
This Department Order shall take effect immediately upon issuance.
Appendix A (Identification and Risk Assessment Tool) Appendix B (CICL Intake form)
Appendix C (Referral Form for Service)
Appendix D (CAR Consolidated Report)
Appendix E (Restorative Justice Agreement Form) Appendix F (CICL Consolidated Report)