Initial contact refers to the apprehension or taking into custody of a child in conflict with the law by law enforcement officers or private citizens. It includes the time the child receives a subpoena in a preliminary investigation, or summons in cases that do not require preliminary investigation, or where there is no necessity to place the child alleged to be in conflict with the law under immediate custody.
[See also Primer on the 2019 Supreme Court Revised Rule on Children in Conflict with the Law]
If it is determined at the initial contact that the child is 15 years of age or below (child is deemed to be 15 years of age on the day of the 15th anniversary of his/her birthdate), the following procedure shall be observed:
(a) The authority which will have an initial contact with the child, in consultation with the local social welfare and development officer, has the duty to immediately release the child to the custody of his/her parents or guardian, or in the absence thereof, the child’s nearest relative.
(b) The child shall be subjected to a community-based intervention program supervised by the local social welfare and development officer, unless the best interest of the child requires the referral of the child to a youth care facility or “Bahay Pag-asa” managed by local governments units or licensed and/or accredited non-government organizations monitored by the Department of Social Welfare and Development.
- Intervention programs refer to a series of individualized treatment activities or programs designed to address issues that caused the child to commit an offense. These may include counseling, skills training, education, and other activities that are aimed to improve and enhance the child’s psychological, emotional and psychosocial well-being. [See Propriety of Diversion, the Diversion Program, Continuation of Case for Children in Conflict with the Law]
- Bahay Pag-asa refers to a 24-hour child-caring institution established, funded and managed by local government units and licensed and/or accredited non-government organizations providing short-term residential care for children in conflict with the law who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction.
(c) The local social welfare and development officer shall determine the appropriate programs for the child who has been released, in consultation with the child and the person having custody over the child. If the parents, guardians or nearest relatives cannot be located, or if they refuse to take custody, the child may be released to any of the following:
- (i) A duly registered non-governmental or religious organization;
- (ii) A barangay official or a member of the Barangay Council for the Protection of Children;
- (iii) A local social welfare and development officer; or, when and where appropriate, the Department of Social Welfare and Development.
(c) If the child has been found by the local social welfare and development officer to be dependent, abandoned, neglected or abused by his/her parents and the best interest of the child requires that he/she be placed in a youth care facility or “Bahay Pag-asa”:
- (i) The child’s parents or guardians shall execute a written authorization for the voluntary commitment of the child; or
- (ii) If the child has no parents or guardians or if they refuse or fail to execute the written authorization for voluntary commitment, the proper petition for involuntary commitment shall be immediately filed by the Department of Social Welfare and Development or the local social welfare development office pursuant to Presidential Decree No. 603, as amended, otherwise known as “The Child and Youth Welfare Code” and the Supreme Court Rule on Commitment of Children.
The minimum age for children committed to a youth care facility or “Bahay Pag-asa” shall be 12 years old.
[Source: Section 8, 2019 Supreme Court Revised Rule on Children in Conflict with the Law]
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