The Child and Youth Welfare Code RA7610

(1)

The Child and Youth

Welfare Code

Republic Act 7610

(2)

Introduction

Children’s right to protection from abuse, exploitation

and discrimination has always been articulated in several

declarations, codes, laws: Convention on the Rights of

declarations, codes, laws: Convention on the Rights of the

the

Child, the CHILD AND YOUTH WELFARE CODE, Republic

Act 761

Act 7610.

0. These and

These and a lot

a lot more proclamations

more proclamations recognize

recognize

that children are one of the most vulnerable groups in

society and such vulnerability oftentimes makes children

the objects and subjects of exploitation, abuse and

discrimination.

(3)

WHO is a CHILD?

CHILD- refers to a person below

eighteen (18) years of age or one

over said age and who, upon

evaluation of a qualified physician,

psychologist or psychiatrist, is found

to

to be

be incapable

incapable of

of taking

taking care

care of

of

himself fully because of a physical or

mental disability or condition or of

protecting himself from abuse (IRR

of R.A. 7610)

(4)

WHAT is CHILD

ABUSE?

CHILD ABUSE- refers to the maltreatment, whether

CHILD ABUSE- refers to the maltreatment, whether habitual or not, of thehabitual or not, of the child which includes any of the following:

child which includes any of the following: 1.

1. PsPsycychoholologigicacal anl and pd phyhysisicacal abl abususe, e, neneglglecect, t, crcrueueltlty, sy, sexexuaual al abubuse se anandd emotional maltreatment;

emotional maltreatment; 2.

2. AnAny ay act ct by by dedeededs os or wr worords ds whwhicich dh debebasaseses, d, degegraradedes os or dr dememeaeans ns ththee intrinsic worth and dignity of a child as a human being;

intrinsic worth and dignity of a child as a human being; 3.

3. UnUnrereasasononabable le dedeprprivivatiation on of of hihis s babasisic nc neeeeds ds fofor r susurvrvivival al susuch ch as as fofoodod and shelter; or

and shelter; or 4.

4. FaFaililurure to e to imimmemedidiatatelely giy give ve memedidicacal trl treaeatmtmenent tt to ao an in injnjurured ed chchilildd resulting in serious impairment of his

resulting in serious impairment of his growth and development or in hisgrowth and development or in his permanent incapacity or death

permanent incapacity or death

Simple stated, child abuse refers to the infliction of physical or Simple stated, child abuse refers to the infliction of physical or

psychological injury, cruelty to, or neglect, sexual abuse

psychological injury, cruelty to, or neglect, sexual abuse or exploitation or exploitation of

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What are the types of CHILD

ABUSE?

11.. PPHHYYSSIICCAAL L AABBUUSSEE- - any act which results in non-accidentalany act which results in non-accidental

and/or unreasonable infliction of physical injury to a child which and/or unreasonable infliction of physical injury to a child which includes but is not limited to lacerations, fractures, burns,

includes but is not limited to lacerations, fractures, burns, strangulation, human bites, and similar acts.

strangulation, human bites, and similar acts. 2

2.. PPSSYYCCHHOOLLOOGGIICCAAL L AABBUUSSEE- - any harm to child’s emotional orany harm to child’s emotional or intellectual functioning which includes but is not limited to intellectual functioning which includes but is not limited to cursing, belittling, rejecting and other similar acts.

cursing, belittling, rejecting and other similar acts. 3

3.. NNEEGGLLEECCTT- - any unreasonable deprivation of child’s basic needsany unreasonable deprivation of child’s basic needs such as food, clothing, shelter, education, medical, general care, such as food, clothing, shelter, education, medical, general care, and supervision by parents, guardians or custodian.

and supervision by parents, guardians or custodian. 4

(6)

SEXUAL ABUSE-

SEXUAL ABUSE- any employment, use, persuasion, inducement,any employment, use, persuasion, inducement,

enticement, or coercion of a child to engage in, or assist another person enticement, or coercion of a child to engage in, or assist another person to engage in, sexual intercourse or lascivious conduct or the

to engage in, sexual intercourse or lascivious conduct or the

molestation, prostitution, or incest with children (IRR of R.A. 7610) molestation, prostitution, or incest with children (IRR of R.A. 7610)

Lascivious

conduct-Lascivious conduct- any intentional touching, either directlyany intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks, or the introduction of any object into the thigh, or buttocks, or the introduction of any object into the

genitalia, anus or mouth of any person, whether of the same of genitalia, anus or mouth of any person, whether of the same of opposite sex, with an intent to

opposite sex, with an intent to abuse, humiliate, harass,abuse, humiliate, harass,

degrade, or arouse or gratify the sexual desire of any person, degrade, or arouse or gratify the sexual desire of any person, bestiality, masturbation, lascivious exhibition of the genitals or bestiality, masturbation, lascivious exhibition of the genitals or pubic

pubic area of area of a person a person (IRR of (IRR of R.A. 7610)R.A. 7610) EXPLOITATION

EXPLOITATION – – any hiring, employment, persuasion,any hiring, employment, persuasion,

inducement

inducement or or coercion coercion of of a a child child to to perform perform in in obsceneobscene exhibitions

exhibitions and and indecent indecent shows, shows, whether whether live live or or in in video video or or film,film, or to pose or act as

or to pose or act as a model in a model in obscene publication obscene publication or pornographicor pornographic materials,

(7)

What are the Other Forms of

Child Abuse?

A

A.. AACCTTS CS COONNSISIDDEERREED AD AS AS ATTTTEEMMPPTTS TS TO CO COOMMMMIIT T PROSTITUTION-

PROSTITUTION- there is an attempt to commit prostitutionthere is an attempt to commit prostitution under the following circumstances:

under the following circumstances: 1. Under section 5 (a) of

1. Under section 5 (a) of R.A. 7610, when any person who, notR.A. 7610, when any person who, not being relative of a child, is found alone with the said child inside being relative of a child, is found alone with the said child inside the room or cubicle of a house, and inn, hotel, motel, pension

the room or cubicle of a house, and inn, hotel, motel, pension

house, apartelle or other similar establishments, vessels, vehicle house, apartelle or other similar establishments, vessels, vehicle or any other hidden or secluded area under circumstance which or any other hidden or secluded area under circumstance which would lead a reasonable person to believe that the child is about would lead a reasonable person to believe that the child is about to be exploited in prostitution and other sexual abuse.

to be exploited in prostitution and other sexual abuse.

2. Under Section 5 (b) of R.A. 7610, when any person is receiving 2. Under Section 5 (b) of R.A. 7610, when any person is receiving services from a child in a sauna parlor or brothel, massage clinic, services from a child in a sauna parlor or brothel, massage clinic, health club and other similar establishment.

(8)

B.

B. OTHER ACTS OF NEGLECT,ABUSE, CRUELTY OR EXPLOITATION AND OTHER OTHER ACTS OF NEGLECT,ABUSE, CRUELTY OR EXPLOITATION AND OTHER

CONDITIONS PREJUDICIAL TO THE CHILD’s DEVELOPMENT CONDITIONS PREJUDICIAL TO THE CHILD’s DEVELOPMENT

-

- The following acts are punishable under Article VI, section 10 of R.A. 7610:The following acts are punishable under Article VI, section 10 of R.A. 7610: 1. committing acts covered by Article

1. committing acts covered by Article 59 of P.D. 603, as amended.59 of P.D. 603, as amended. 2. keeping or having in his c

2. keeping or having in his company a minor, twelve (12) years under ompany a minor, twelve (12) years under or who is tenor who is ten (10) years or more his junior

(10) years or more his junior in any public or private in any public or private place, hotel, motel, beerplace, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach and or joint, discotheque, cabaret, pension house, sauna or massage parlor, beach and or

other

other tourist tourist resort resort and sand similar places.imilar places. 3. inducing, delivering or

3. inducing, delivering or offering a minor to any one prohibited by R.A. offering a minor to any one prohibited by R.A. 7610 to7610 to keep or have in his company a minor

keep or have in his company a minor as provided in the preceding number.as provided in the preceding number. 4. any person, owner, manager or

4. any person, owner, manager or one entrusted with the operation of any publicone entrusted with the operation of any public or private place of accommodation whether for food, drink

or private place of accommodation whether for food, drink or otherwiseor otherwise

including residential places, by allowing any person to take along with him to such including residential places, by allowing any person to take along with him to such place or places any minor.

place or places any minor.

5. using, coercing, forcing or intimidating a street child or any other child to: 5. using, coercing, forcing or intimidating a street child or any other child to: a.

a. buy buy or or use use begging begging as as a a means means of of living;living; b.

b. act act as as conduit conduit or or middleman middleman in in drug drug trafficking trafficking or or pushing; pushing; oror c.

(9)

What are the Effects of Child

Abuse?

Child Abuse adversely affects the normal, physical

Child Abuse adversely affects the normal, physical and

and

psychological

psychological growth, and

growth, and development of

development of the child.

the child. It may

It may vary

vary

depending on the kind and degree of abuse.

Physical Effects:

Malnutrition, sexually-transmitted diseases, AIDS

unwanted pregnancy, permanent physical disabilities, drug

addiction and death.

Psychological and Social Effects:

Withdrawal syndrome, learning disabilities, extreme

depression, sense of alienation, suicidal/self-destructive

tendencies, emotional breakdown, aggressive behavior, low self

image, relationship problems, rejection, fear, confusion, distrust

to others, truancy, and running away from home.

(10)

How do you

How do you Identify a Suspected Victim of Child Abuse?

Identify a Suspected Victim of Child Abuse?

A suspected victim of child abuse can be identified through the

following manifestations:

Physical

– –

_{Unexplained, unusual and periodic bodily injuries, bruises,}

burns, human bite marks, abrasions, lacerations,

contusions, blade marks, and weight loss.

Psychological

– –

_{Extreme fear, confusion, anxiety, anger,}

depression, shock, withdrawal, aggressiveness,

blank stares, absent-mindedness, stealing

lying, suicidal tendencies, and regressive

behavior

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Who is a CHILD Abuser?

A child abuser is any

A child abuser is any person regardless of age,

person regardless of age,

sex, race, creed or color

sex, race, creed or color who deliberately

who deliberately

commits

commits or

or perpetuates

perpetuates any

any acts

acts defined

defined as

as

constituting

constituting child abuse

child abuse. . A

A child ab

child abuser

user is

is usually

usually

a person known or trusted by the child

a person known or trusted by the child–– can be a

can be a

family member, a relative, neighbor, friend,

teacher,

teacher, baby-sitter

baby-sitter or child

or child-care giver.

-care giver. He

He or

or

she may

she may also be

also be a stranger

a stranger to the

to the child.

child. Study

Study

shows that most child abusers have been victims

of child abuse.

(12)

Why do parents/adults abuse

children?

Parents/adults may abuse children due to

ignorance, emotional immaturity, stresses such as

marital or economic

marital or economic problems, a predisposition

problems, a predisposition

toward

toward maltreatment

maltreatment (perhaps

(perhaps a

a result

result of

of having

having

been abused, molested or neglected as a child),

lack of constructive outlets for tension, anger or

aggression,

aggression, or

or poor

poor impulse

impulse control.

control. In

In addition,

addition,

parents and other adults may abuse children

parents and other adults may abuse children as a

as a

result of mental disturbance, sexual perversion,

and those under the influence of alcohol and

prohibited drugs.

(13)

Who can report cases of

child abuse?

a.

a. Any person who Any person who learns the facts learns the facts or circumstances that or circumstances that give risegive rise to the belief that a child has

to the belief that a child has suffered abuse may report the name,suffered abuse may report the name, either orally or in writing.

either orally or in writing.

b. All government officials and employees whose work involves b. All government officials and employees whose work involves

dealing with children to report all incidents of possible child abuse. dealing with children to report all incidents of possible child abuse. c. The head of any public or private hospital, medical clinic and

c. The head of any public or private hospital, medical clinic and similar institutions as well as the attending physician and nurse, similar institutions as well as the attending physician and nurse, shall report, either orally or in writing the examination and /or shall report, either orally or in writing the examination and /or treatment of a child who appears to have suffered abuse within treatment of a child who appears to have suffered abuse within forty eight (48) hours.

(14)

Where can you report a suspected

victim of child abuse?

1. The nearest Local Social Welfare

Office/Department of Social Welfare and

Development (DSWD)

2. Nearest Police Station/Philippine National Police

3. National Bureau of Investigation (NBI)

4. Barangay Council for the Protection of Children

(BCPC)

5. Commission on Human Rights

6. Department of Justice (DOJ)

6. Department of Justice (DOJ)–– Task-Force on the

Task-Force on the

Children’s Protection

(15)

Is there a sanction imposed upon

persons who fail

persons who fail to report abu

to report abuse

se

cases?

YES, but the sanction is imposed only on

those persons mentioned in Section 4 of

the implementing rule and regulation of

R.A.

R.A. 7610.

7610. They

They are t

are the head

he head of a

of any p

ny public

ublic

or private hospital, medical clinic, and

similar institution, as well as the attending

physician and nurse and the administrator

or head of the hospital, clinic or similar

institution concerned to report a possible

case of child abuse.

(16)

Is a

Is a person legally protected

person legally protected

when reporting a suspected case

of Child Abuse?

YES, Section 7 of the Implementing

Rules and Regulations of R.A. 7610 on

the Reporting and Investigation of

Child Abuse Cases provides that a

person who made such report is

presumed to have acted in good

faith, and shall be free from any civil

or administrative liability arising

there from.

(17)

Who may file

complaint?

Complaints on child abuse cases punishable under R.A. 7610 may be filed by Complaints on child abuse cases punishable under R.A. 7610 may be filed by any of the following:

any of the following: A. Offended party; A. Offended party;

B. Parent or legal guardian; B. Parent or legal guardian;

C. Ascendant or collateral relative of the child C. Ascendant or collateral relative of the child

within the third degree of consanguinity; within the third degree of consanguinity;

D. Officer, social worker or representative of a licensed D. Officer, social worker or representative of a licensed

child-caring institution; child-caring institution;

E. Officer or Social Worker of the Department of Social Welfare and E. Officer or Social Worker of the Department of Social Welfare and

Development Development

F. Barangay Chairman; or F. Barangay Chairman; or

G. At least three (3) concerned, responsible citizens where the violation G. At least three (3) concerned, responsible citizens where the violation

occurred. occurred.

(18)

What are the services available

to victims of child abuse?

11.. PPrrootteeccttiivve e CCuussttooddyy 2

2.. CCoouunnsseelliinngg 3

3.. MMeeddiiccaall//DDeennttaal l SSeerrvviicceess 4

4.. PPssyycchhoollooggiiccaall/ / PPssyycchhiiaattrriic c SSeerrvviicceess 5

5.. SSoocciiaal l SSeerrvviiccees s tto o FFaammiillyy 6

6.. CChhiilld d PPllaacceemmeennt t SSeerrvviicceess

a. Residential Care/Temporary Shelter a. Residential Care/Temporary Shelter b. Foster Home b. Foster Home c. Adoption c. Adoption 7 7.. LLeeggaal l SSeerrvviicceess 8

8.. EEdduuccaattiioonnaal al annd Vd Vooccaattiioonnaal Sl Seerrvviicceess

•• NOTE:NOTE: Services are also available to the families of child abuse Services are also available to the families of child abuse victims