9/ SOSOCIACIAL PRL PROCOCESESS THS THEOEORIERIESS
- view delin3uency as a result of poor or faulty socialiation or upbringing
/
/ SOSOCIACIAL REL REACTACTION TION THEHEORIORIESES
- view delin3uent acts and criminality as products of stigma and labeling
/
/ SOSOCIACIAL COL CONTRNTROL TOL THEHEORIORIESES
- maintain that everyone has the potential to become a criminal but most people are controlled by their bonds to society
CONTRI*UTORY FACTORS IN U8ENILE DELINUENCY CONTRI*UTORY FACTORS IN U8ENILE DELINUENCY
&) FAMILYFAMILY
< the first and most basic institution of society responsible for d eveloping a chi ld?s potential in a ll its aspects like physical, emotional, spiritual, moral, intellectual and social
< molds the c hild to l earn to curb his desires and to accept rules that define the time, place and circumstances under which highly personal needs may be satisfied in socially acceptable ways TYPES OF
TYPES OF FAMILFAMILY STRUCTURE:Y STRUCTURE:
&) NUCLEAR FAMILYNUCLEAR FAMILY
< consists of father, mother and children
) ETENDED ETENDED FAMILFAMILYY
< consists of father, mother, children, grandparents, uncles and aunts, cousins, nephews and niences, and in<laws
Ideally, a home must have the following8 a) st'(4t('!$ 4o3$etenessst'(4t('!$ 4o3$eteness
< presence of both father and mother b) e4onoi4 se4('ite4onoi4 se4('it
< capability to provide for the basic needs and wants c) 4($t('!$ 4onfo'it4($t('!$ 4onfo'it
< typical family beliefs and practices d) o'!$ 4onfo'ito'!$ 4onfo'it
< moral uprightness, #hristian way of living e) 3)si4!$ !nd 3s4)o$o#i4!$ no'!$43)si4!$ !nd 3s4)o$o#i4!$ no'!$4
f) eotion!$ !de=(!4eotion!$ !de=(!4
< affection, support, love and care between faulty members 1actors in the home life that may cause delin3uency8
a) faulty development of the child b) lack of parental guidance c) parental re;ection d) broken homes e) lack of love f) unfair treatment
g) too harsh discipline by either or both parents h) too much leniency by either or both parents i) unfavorable parental e"ample
c. being abandoned or neglected, and after diligent search and in3uiry, the parent or guardian cannot be found@
d. .coming from a dysfunctional or broken family or without a parent or guardian@
e. .being out of school@
f. .being a street child@
g. being a member of a gang@
h. living in a community with a high level of criminality or drug abuse@ and i. living in situations of armed conflict.
0. 0C)i$d in Conf$i4t %it) t)e L!%0C)i$d in Conf$i4t %it) t)e L!%N refers to a child who is alleged as, accused of, or ad;udged as, having committed an offense under $hilippine laws.
:. NCo(nitCo(nit<&!sed <&!sed P'o#'!sP'o#'!sN refers to the programs provided in a community setting developed for purposes of intervention and diversion, as well as rehabilitation of the child in conflict with the law, for reintegration into hisher family andor community.
. 0Co('t0Co('tN refers to a family court or, in places where there are no family courts, any regional trial court.
/. NDe3'i5!tion of Li&e'tDe3'i5!tion of Li&e'tN refers to any form of detention or imprisonment, or to the placement of a child in conflict with the law in a public or private custodial setting, from which the child in conflict with the law is not permitted to leave at will by order of any ;udicial or administrative authority.
'. -Di5e'sionDi5e'sion refers to an alternative, child<appropriate process of determining the responsibility and treatment of a child in conflict with the law on the basis of hisher social, cultural, economic, psychological or educational background without resorting to formal court proceedings.
&9. Di5e'sion P'o#'!Di5e'sion P'o#'!N refers to the program that the child in conflict with the law is re3uired to undergo after heshe is found responsible for an offense without resorting to formal court proceedings
&&. 0Initi!$ Cont!4t 7it)<t)e C)i$d0Initi!$ Cont!4t 7it)<t)e C)i$dN refers to the apprehension or taking into custody of a child in conflict with the law by law enforcement officers or private citiens.
It includes the time when the child alleged to be in conflict with the law receives a subpoena under
7ection 5(b) of +ule && of the +evised +ules of #riminal $rocedure or summons under 7ection :(a) or 7ection '(b) of the same +ule in cases that do not re3uire preliminary investigation or where there is no necessity to place the child alleged to be in conflict with the law under immediate custody.
&. -Inte'5entionInte'5entionN refers to a series of activities which are designed to address issues that caused the child to commit an offense. It may take the form of an individualied treatment program which may include counseling, skills training, education, and other activities that will enhance hisher psychological, emotional and psycho<social well<being.
&5. N(5eni$e (sti4e !nd 7e$f!'e Sste(5eni$e (sti4e !nd 7e$f!'e SsteN refers to a system dealing with children at risk and children in conflict with the law, which provides child<appropriate proceedings, including programs and services for prevention, diversion, rehabilitation, re<integration and aftercare to ensure their normal growth and development.
&6. NL!% Enfo'4eent Offi4e' L!% Enfo'4eent Offi4e' N refers to the person in authority or hisher agent as defined in Article &0 of the +evised $enal #ode, including a barangay tanod.
&0. -OffenseOffense refers to any act or omission whether punishable under special laws or the +evised $enal
#ode, as amended.
RA ? INTER<COUNTRY ADOPTION ACT OF RA ? INTER<COUNTRY ADOPTION ACT OF
1-- approved on %une &''0 INTER<COUNTRY ADOPTION INTER<COUNTRY ADOPTION
- the socio<legal process of adopting a 1ilipino child by a foreigner or a 1ilipino citien permanently residing abroad where the petition is filed, the supervised trial custody is undertaken and the decree of adoption is issued outside the $hilippines
INTER<COUNTRY ADOPTION *OARD INTER<COUNTRY ADOPTION *OARD
- acts as the central authority in matters relating to inter<country adoption
- shall act as the policy<making body for purposes of carrying out the provisions of +A /965, in consultation and coordination with the *7E*
- headed by the 7ecretary of the *7E* as e" officio chairman and si" (:) members to be appointed by the $resident, with a term of office of si" (:) years
7HO MAY ADOPT:
7HO MAY ADOPT:
&) any alien or a 1ilipino citien permanently residing abroad
) at least twenty<seven () years of age
5) at least si"teen (&:) years older than the adoptee unless the adopter is the paren t by nature of the adoptee or the spouse of such parent
6) coming from a country with whom the $hilippines has diplomatic relations 0) possesses all the 3ualifications provided in other applicable $hilippine laws 7HERE TO FILE APPLICATION
7HERE TO FILE APPLICATION
-shall be filed either with8
a) the $hilippine +egional Trial #ourt@ or
b) the Inte r<#ountry Adoption oard, through an intermediate agency in the country of the prospective adoptive parents
SUPER8ISED TRIAL CUSTODY SUPER8ISED TRIAL CUSTODY
- shall be at least si" (:) months IMPORTANT PRO8ISIONS OF RA -9
IMPORTANT PRO8ISIONS OF RA -9
RA -9 t)e $!% #i5in# DS7D t)e so$e !(t)o'it to iss(e t)e 4e'tifi4!tion de4$!'in# ! 4)i$d $e#!$$
RA -9 t)e $!% #i5in# DS7D t)e so$e !(t)o'it to iss(e t)e 4e'tifi4!tion de4$!'in# ! 4)i$d $e#!$$
!5!i$!&$e fo' !do3tion
!5!i$!&$e fo' !do3tion
-- amended provisions of +A /00 and +A /965
- approved on & 4arch 99' IMPORTANT PRO8ISIONS OF RA @1
IMPORTANT PRO8ISIONS OF RA @1
RA @1 SPECIAL PROTECTION OF CHILDREN AGAINST CHILD
RA @1 SPECIAL PROTECTION OF CHILDREN AGAINST CHILD A*USE, EPLOITATION ANDA*USE, EPLOITATION AND DISCRIMINATION ACT
DISCRIMINATION ACT
- approved on & %une &''
- this law is also commonly referred to as the Anti<#hild Abuse Act RA @-? !end!to' $!% to RA @1
RA @-? !end!to' $!% to RA @1
- approved on ' Dovember &''5
- this law amended the provisions of +A :&9 regarding working children
- this law was further amended by +A '5&
CHILD A*USE
CHILD A*USE- refers to maltreatment, whether habitual or not, of the child FORMS OF CHILD A*USE
FORMS OF CHILD A*USE
&) CRUELTYCRUELTY 2 refers to any word or deed which debases, degrades or demeans the intrinsic worth and dignity of the child as human being
) PHYSICAL INURYPHYSICAL INURY 2 includes but is not limited to lacerations, fractured bones, burns, internal in;uries, severe in;uries, or serious bodily harm suffered by a child
5) PSYCHOLOGICAL INURYPSYCHOLOGICAL INURY 2 means harm to a child? psychological or intellectual functioning which may be e"hibited by severe an"iety, depression, withdrawal or outward aggressive behavior 6) NEGLECTNEGLECT 2 means failure to provide, for reasons other than poverty, the basic needs of the child,
such as food, clothing, medical care, shelter and basic education
- refers to a program organied by travel and tourism related establishments and individuals which consist of tourism packages or activities, utiliing and offering escort and se"ual services as enticement for tourists
PORNOGRAPHY PORNOGRAPHY
- refers to any representation, through publication, e"hibition, cinematography, indecent shows, information technology, or by whatever means, of a person engaged in real or simulated e"plicit se"ual activities or any representation of the se"ual parts of a person for primarily se"ual purposes
DE*T *ONDAGE
DE*T *ONDAGE- refers to pledging by the debtor of his or her personal services or labor or those of a person under his or her control as security or payment for a debt, when the length and nature of services are not clearly defined or when the value of the services as reasonably assessed is not applied toward the li3uidation of debt
IMPORTANT PRO8ISIONS OF RA 91 IMPORTANT PRO8ISIONS OF RA 91 R
RA A 9911 << tt))e e $$!!% % 33''oo))ii&&iittiinn# # tt))e e %%oo''sst t ffoo''s s oof f 44))ii$$d d $$!!&&oo''
- amendatory law to +A &:9 and +A :0/
- amended the provisions of +A &:9 regarding working children
- approved on &' *ecember 995
#hildren below fifteen (&0) years of age shall not be employed, e"cept8
&) Ehen a child works directly under sole responsibility of his parents or legal guardian and where only members of the employer?s family are employed
) Ehere a child?s employment or participation in public entertainment or information through cinema, theatre, radio or television is essential, with the approval of the *epartment of abor and
!mployment (*C!)
- it is the duty of the employer to submit to the *C! a report of all children employed by him
- if a domestic is under si"teen (&:) years of age, the head of the family shall give him or her an opportunity to complete at least elementary education, the cost of which shall be a part of the domestic?s compensation
7OR PERMIT OF 7ORING CHILDREN 7OR PERMIT OF 7ORING CHILDREN
- it shall be the duty of the employer to secure permit from the *C! of working children employed by him
EMPLOYMENT CONTRACT OF 7ORING CHILDREN EMPLOYMENT CONTRACT OF 7ORING CHILDREN
- the contract shall be signed by the working child?s parent or legal guardian, with the e"press agreement of the child
7ORING HOURS 7ORING HOURS If t)e 4)i$d is (nde' 1-:
If t)e 4)i$d is (nde' 1-:
- may work for ma"imum of four (6) hours a day, twenty (9) hours a week
- may work between si" o?clock in the morning to eight o?clock in the evening (:am to /pm) If t)e 4)i$d is 1- &(t (nde' 1?:
If t)e 4)i$d is 1- &(t (nde' 1?:
- may work for ma"imum of eight (/) hours a day, forty (69) hours a week
- may work between si" o?clock in the morning to ten o?clock in the evening (:am to &9pm) PROHI*ITION ON THE EMPLOYMENT OF CHILDREN IN CERTAIN AD8ERTISEMENTS
PROHI*ITION ON THE EMPLOYMENT OF CHILDREN IN CERTAIN AD8ERTISEMENTS
- no child shall be employed as a model in any advertisement directly or indirectly promoting the following8
a) alcoholic beverages b) into"icating drinks c) tobacco and cigarettes d) gambling
e) any form of violence or pornography IMPORTANT PRO8ISIONS OF RA 99
IMPORTANT PRO8ISIONS OF RA 99
INITIAL CONTACT 7ITH THE CHILD INITIAL CONTACT 7ITH THE CHILD
- refers to the apprehension or taking into custody of a child in conflict with the law by law enforcement officers or private citiens
INTER8ENTION INTER8ENTION
- refers to a series of activities which are designed to address issues that caused the child to commit an offense
- may take the form of an individualied treatment program which may include counseling, skills training, education, and other activities that will enhance his or her psychological, emotional and psycho<social well<being
DI8ERSION DI8ERSION
- refers to an alternative, child<appropriate process of determining the responsibility and treatment of a child in conflict with the law on the basis of his or her social, cultural, economic, psychological or educational background-it&out resortin* to formal court proceedin*s DI8ERSION PROGRAM
DI8ERSION PROGRAM
-- refers to the program that the child in conflict with the law is re3uired to undergo after he or she is found responsible for an offense-it&out resortin* to formal court proceedin*s
YOUTH DET
YOUTH DETENTION HOMENTION HOMEE
- refers to a 6<hour child<caring institution managed by accredited local government units and licensed andor accredited non<governmental organiations providing s&ort0term residential care for c&ildren in conflict -it& t&e la- -&o are a-aitin* court disposition of t&eir cases or transfer to ot&er a*encies or 9urisdiction
YOUTH RE
YOUTH REHA*ILITHA*ILITAATION TION CENTERCENTER
-- refers to a 6<hour residential care facility managed by the *7E*, local government units, licensed or accredited non<governmental organiations monitored by the *7E*, which pro+ides care/ treatment and re&a$ilitation ser+ices for c&ildren in conflict -it& t&e la-RIGHTS OF THE CHILD IN CONFLICT 7ITH THE LA7
RIGHTS OF THE CHILD IN CONFLICT 7ITH THE LA7
&) the right not to be imposed a sentence of capital punishment or life imprisonment
) the right to be detained or imprisoned as a disposition of last resort, which shall be for the sho rtest appropriate period of time
5) the right to be separated from adult offenders at all times8 during detention, while being transported to and from the court and while waiting for the hearing
6) the right to be detained only with other detainees of the same se", if detention is necessary 0) the right to be searched only by a law enforcement officer of the same gender
:) the right not to be handcuffed, when such is not necessary
) the right to have his parents or guardians present
/) the right to diversion if he or she is 3ualified and voluntarily avails of the same ') the right to AUTOMATIC SUSPENSION OF SENTENCEAUTOMATIC SUSPENSION OF SENTENCE
&9) the right to probation as an alternative to imprisonment, if 3ualified under the $robation aw
&&) the right to have the records and proceedings involving him be considered PRI8ILEGED ANDPRI8ILEGED AND CONFIDENTIAL
CONFIDENTIAL
MINIMUM AGE OF CRIMINAL RESPONSI*ILITY MINIMUM AGE OF CRIMINAL RESPONSI*ILITY
- a child 1I1T!!D (&0) K!A+7 C1 A! C+ FD*!+ at the time of the commission of the offense shall be !S!4$T from #+I4IDA IAIITK, but he shall undergo IDT!+>!DTICD $+C+A4
- a child AC>! 1I1T!!D (&0) K!A+7 C1 A! FT !CE !IBT!!D (&/) K!A+7 C1 A!
shall likewise be !S!4$T from #+I4IDA IA IITK, if he or she acted EITBCFT
*I7#!+D4!DT, but he shall undergo IDT!+>!DTICD $+C+A4
- however, they are e"empted only from criminal liability and not from civil liability
- a child AC>! 1I1T!!D (&0) K!A+7 C1 A! FT !CE !IBT!!D (&/) K!A+7 C1 A!
who acted EITB *I7#!+D4!DT shall be sub;ected to the *I>!+7ICD $+C#!!*ID7 and shall undergo *I>!+7ICD $+C+A4, if 3ualified
-- a child AC>! 1I1T!!D (&0) K!A+7 C1 A! FT !CE !IBT!!D (&/) K!A+7 C1 A!
who acted EITB *I7#!+D4!DT and who is DCT HFAI1I!* for *I>!+7ICD, C+ +!1F7!*
to undergo *I>!+7ICD, shall be $+C7!#FT!*
TREATMENT OF CHILD *ELO7 THE AGE OF CRIMINAL RESPONSI*ILITY TREATMENT OF CHILD *ELO7 THE AGE OF CRIMINAL RESPONSI*ILITY
-- it shall be the duty of the law enforcement officer to determine the age of the child apprehended
-- if t)e 4)i$d !33'e)ended is FIFTEEN +1-/ YEARS OLD OR *ELO7, t)e $!% enfo'4eentif t)e 4)i$d !33'e)ended is FIFTEEN +1-/ YEARS OLD OR *ELO7, t)e $!% enfo'4eent offi4e' MUST RELEASE THE CHILD TO THE CUSTODY OF HIS OR HER PARENTS OR offi4e' MUST RELEASE THE CHILD TO THE CUSTODY OF HIS OR HER PARENTS OR GUARDIANS, OR THE CHILDBS NEAREST RELATI8E
GUARDIANS, OR THE CHILDBS NEAREST RELATI8E
-- it shall also be the duty of the law enforcement officer to give notice to the local social welfare and development officer as to the apprehension of the child in conflict with the law
COMPREHENSI8E U8ENILE INTER8ENTION PROGRAM COMPREHENSI8E U8ENILE INTER8ENTION PROGRAM
-- shall be instituted in local government units from the barangay to the provincial levels
- shall include community<based programs on ;uvenile ;ustice and welfare COMMUNITY<*ASED PROGRAMS ON U8ENILE USTICE AND 7ELFARE COMMUNITY<*ASED PROGRAMS ON U8ENILE USTICE AND 7ELFARE
- shall be instituted by the local government units through the school, youth organiations, and other concerned agencies
- shall respond to the special needs, problems, interests and concerns of children and which offer appropriate 4o(nse$in# !nd #(id!n4e to t)e !nd t)ei' f!i$ies4o(nse$in# !nd #(id!n4e to t)e !nd t)ei' f!i$ies
- these programs shall consist of three (5) levels8