Duty of the Law Enforcement Officer When There is No Diversion. - If, for any reason, any section or provision of this Act is declared unconstitutional or invalid by the Supreme Court, the other sections or provisions hereof not dfected by such declaration shall remain in force and effect. SEC. The taking of the statement of the child shall be conducted in the presence of the following: (1) child's counsel of choice or in the absence thereof, a lawyer from the Public Attorney's Office; (2) the child's parents, guardian, or nearest relative, as the case may be; and (3) the local social welfare and development officer. 42. SEC. SEC. Children Who Reach the Age of Eighteen (18) Years Pending Diversion and Court Proceedings. The component authorities shall undertake all measures to protect this confidentiality of proceedings, including non-disclosure of records to the media, maintaining a separate police blotter for cases involving children in conflict with the law and adopting a system of coding to conceal material information which will lead to the child's identity. CONFIDENTIALITY OF RECORDS AND PROCEEDINGS. 59. Institutionalization or detention of the child pending trial shall be used only as a measure of last resort and for the shortest possible period of time. (n) "Law Enforcement Officer" refers to the person in authority or his/her agent as defined in Article 152 of the Revised Penal Code, including a barangay tanod. The Act gives more clarity on the functions and powers of the Juvenile Justice Board and the Child Welfare Commission. These programs shall consist of three levels: (a) Primary intervention includes general measures to promote social justice and equal opportunity, which tackle perceived root causes of offending; (b) Secondary intervention includes measures to assist children at risk; and. - In formulating a diversion program, the individual characteristics and the peculiar circumstances of the child in conflict with the law shall be used to formulate an individualized treatment. Chartered cities shall pay two-thirds (2/3) of said expenses; and in case a chartered city cannot pay said expenses, part of the internal revenue allotments applicable to the unpaid portion shall be withheld and applied to the settlement of said obligations: Provided, further, That in the event that the child in conflict with the law is not a resident of the municipality/city where the offense was committed, the court, upon its determination, may require the city/municipality where the child in conflict with the law resides to shoulder the cost. Based on the progress of the youth in the community, a final report will be forwarded by the local social welfare and development officer to the court for final disposition of the case. CHAPTER 2 The details of this order shall be immediately entered in a register exclusively for children in conflict with the law. 9344 of 2006, setting the minimum age of criminal liability at 15 years old, which means that those between 15 to 18 years old may be detained in youth centers and go through rehabilitation programs and those under 15 years old are exempted from criminal liability and undergo intervention. Juvenile Justice and Welfare Council (JJWC). Biden Child Welfare and Juvenile Justice Leaders: Some Logical Candidates. SEC. The rehabilitation, training or confinement area of children in conflict with the law shall provide a home environment where children in conflict with the law can be provided with quality counseling and treatment. (g) "Court" refers to a family court or, in places where there are no family courts, any regional trial court. 27. Under R.A. No. The RTC decision and CA decision were promulgated on January 17, 2003 and July 14, 2005, respectively. If detention is necessary and he/she is detained with adults, the court shall immediately order the transfer of the child to a youth detention home. 50. Republic Act 9344 or the “Juvenile Justice and Welfare Act” provides a system of dealing with children at risk and children in conflict with the law that includes child-appropriate proceedings, as well as programmes and services for prevention, diversion, rehabilitation, re-integration and aftercare. SEC. - For purposes of recommending the amount of bail, the privileged mitigating circumstance of minority shall be considered. Congress must support the full implementation of the Juvenile Justice and Welfare Act. 70. SEC. (c) The State likewise recognizes the right of children to assistance, including proper care and nutrition, special protection from all forms of neglect, abuse, cruelty and exploitation, and other conditions prejudicial to their development. With the passage of RA 9344 or the Juvenile Justice and Welfare Act, the age of discernment has been raised to 15 years old from nine years old, and those 15 to 18 years can now plead lack of discernment for a criminal act. SEC. In all other cases and whenever possible, detention pending trial may be replaced by alternative measures, such as close supervision, intensive care or placement with a family or in an educational setting or home. The Juvenile Justice Act, 2015 replaced the Juvenile Justice (Care and Protection of Children), 2000, so that juveniles in conflict with the law, involved in Heinous Offences, can be tried as adults. 9344, the Juvenile Justice and Welfare Act of 2006 took effect on May 20, 2006. - There shall be a specially trained prosecutor to conduct inquest, preliminary investigation and prosecution of cases involving a child in conflict with the law. - All government agencies enumerated in Section 8 shall, with the assistance of the JJWC and within one (1) year from the effectivity of this Act, draft policies and procedures consistent with the standards set in the law. related to juvenile justice and welfare shall be ensured by the concerned government agency. 2) The State recognizes the vital role of children and youth in nation building and shall promote and protect their physical, moral, spiritual, intellectual and social well-being. SEC. (r) "Status Offenses" refers to offenses which discriminate only against a child, while an adult does not suffer any penalty for committing similar acts. - The PNP, the BJMP and the BUCOR are hereby directed to submit to the JJWC, within ninety (90) days from the effectivity of this Act, an inventory of all children in conflict with the law under their custody. Criteria of Community-Based Programs. 9344 or the “Juvenile Justice and Welfare Act” defines the Juvenile Justice and Welfare System as a system dealing with children at risk and children in conflict with the law, which provides child-appropriate proceedings, including programmes and services for prevention, diversion, rehabilitation, re-integration and aftercare to ensure their normal growth and development. Short Title and Scope. 22. If there is an allegation of torture or ill-treatment of a child in conflict with the law during arrest or detention, it shall be the duty of the prosecutor to investigate the same. Records of a child in conflict with the law shall not be used in subsequent proceedings for cases involving the same offender as an adult, except when beneficial for the offender and upon his/her written consent. Children in Conflict with the Law Fifteen (15) Years Old and Below. The JJWC shall convene within fifteen (15) days from the effectivity of this Act. Juvenile offenders have fast risen over the years according to the Philippine National Police. Juvenile delinquencies can’t be ceased just through the correct execution and revisions of Juvenile Justice Act. - The amount necessary to carry out the initial implementation of this Act shall be charged to the Office of the President. Thank you for your interest in joining our growing community. - The Sangguniang Kabataan (SK) shall coordinate with the LCPC in the formulation and implementation of juvenile intervention and diversion programs in the community. Appropriations. The Department of Juvenile Welfare was created by vertical bifurcation from the Prisons Department in the year 1990 for effective implementation of Juvenile Justice Act and to provide care, protection, treatment, development and rehabilitation of ‘Children in need of care & protection’ (orphans, victims of exploitations, abuse, run-aways etc.) - Children in conflict with the law whose cases have been dismissed by the proper court because of good behavior as per recommendation of the DSWD social worker and/or any accredited NGO youth rehabilitation center shall be provided after-care services by the local social welfare and development officer for a period of at least six (6) months. Such admission shall not be used against the child in any subsequent judicial, quasi-judicial or administrative proceedings. Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled: CHAPTER 1 - In all rehabilitation or training facilities, it shall be mandatory that children shall be separated from adults unless they are members of the same family. Juvenile Justice (Care and Protection of Children) Act, 2015 has been passed by Parliament of India amidst intense controversy, debate and protest on many of its provisions by Child Rights fraternity. (c) the transfer of the minor to a youth detention home/youth rehabilitation center. SEC. endobj No. 40. Exemption from the Application of Death Penalty. SEC. 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