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Diversion

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Diversion Diversion Presentation Transcript

  • 1
  • Diversion refers to an alternative, childappropriate process of determining the responsibility and treatment of a child in conflict with the law on the basis of his/her social, cultural, economic, psychological or educational background without resorting to formal court proceedings. Diversion Program refers to the program that the child in conflict with the law is required to undergo after he/she is found responsible for an offense without resorting to formal court proceedings. 2
  • Who shall undergo diversion? The CICL shall undergo diversion proceedings if he/she: a. Is above fifteen (15) years but below eighteen (18) years of age; b. Acted with discernment; and c. Allegedly committed an offense with an imposable penalty of not more than six (6) years of imprisonment if diversion is conducted at the barangay, police or prosecutor’s level, and not more than twelve (12) years of imprisonment, if diversion is resorted to by the court. 3
  • Where diversion may be conducted If the imposable penalty for the offense committed is not more than six (6) years of imprisonment, diversion may be conducted at the: a. Katarungang Pambarangay level under the Punong Barangay; b. Police investigation stage under the law enforcement officer; or c. Inquest or preliminary investigation stage under the prosecutor. 4
  • Where diversion . . . If the offense with the imposable penalty of not more than six (6) years imprisonment is a victimless crime, the diversion proceedings shall be conducted by the LSWDO in coordination with the BCPC. If the imposable penalty for the offense committed exceeds six (6) years of imprisonment but not more than twelve (12) years of imprisonment, diversion may resorted to only by the court. 5
  • Diversion Committee  Convene the dialogue between the CICL, his/her parents/guardians and victim  Identify the appropriate program for the CICL and his/her family  Come up with a directory of programs or services being implemented by GOs, NGOs, POs, schools and faith-based organization 6
  • Diversion Committee  Composition: a. Katarungang Pambarangay Chair: Punong Barangay Members: • Barangay Kagawad (Chairperson on Committee on Children, Women and Family) • Chief Tanod • Sangguniang Kabataan Chairperson • PTA President • NGO representative • Faith-based organization representative • Local Social Welfare and Development Officer 7
  • Diversion Committee b. Law Enforcement Chair: Law Enforcement Officer Members: • BCPC member • Sangguniang Kabataan Chairperson • NGO representative • Faith-based organization representative • People’s organization representative • Local Social Welfare and Development Officer • Public Attorney’s Office lawyer c. Prosecutor Chair: Prosecutor Members: • BCPC member • Sangguniang Kabataan Chairperson • NGO representative • Faith-based organization representative • People’s organization representative • Local Social Welfare and Development Officer 8 • Public Attorney’s Office lawyer
  • Diversion Process 1. Diversion proceedings  Conflict resolution  Formulation of diversion program  Formulation of diversion contract  Acceptance and signing of diversion contract 2. Implementation 3. Monitoring and supervision 4. Termination 9
  • Diversion Process Flowchart Step 1 Diversion Proceedings (within 45 days)  Meeting or series of meetings facilitated by either the Punong Barangay, law enforcement officer, prosecutor or a judge, depending on the level of diversion conducted  Parties involved in the offense to come up with an agreement that will benefit the concerned parties  LSWDO shall assist in the conduct of the diversion proceedings in all levels 10
  • CONDUCT OF DIVERSION PROCEEDINGS Responsible Persons a. Barangay Level – chaired by the Punong Barangay with assistance from members of the BCPC b. LSWDO Level – conducted by the social worker c. Law Enforcement Level – conducted by law enforcement officer with assistance of the LSWDO d. Prosecutor Level – conducted by the prosecutor during inquest or preliminary investigation stage 11
  • DIVERSION: Diversion Proceedings 1. CONFLICT RESOLUTION • Stage where dispute is settled among the CICL, his/her parents/guardian and offended party. • Different approaches which may include but not limited to mediation, conferencing, conciliation or any indigenous mode of conflict resolution may be used • Provide opportunities for dialogue between the victim and CICL to talk about the offense and their views and feelings, share information and come up with the decision to develop a mutually satisfactory written restitution agreement. 12
  • DIVERSION: Diversion Proceedings The victim who is not ready to The victim who is not ready to speak should be given the speak should be given the choice to decline from retelling choice to decline from retelling his/her story of abuse and his/her story of abuse and seeing her perpetrator to avoid seeing her perpetrator to avoid cyclic victimization. cyclic victimization. However, However, this does not stop the diversion this does not stop the diversion proceeding from pushing proceeding from pushing through. through. 13
  • DIVERSION: Diversion Proceedings 2. FORMULATION OF DIVERSION PROGRAM/ ACTIVITY • Program composed of community-based interventions at the barangay level to prevent re-entry of the CICL into the formal juvenile justice system • Programs and services should provide opportunities for the CICL for learning new experiences that will eventually lead to positive behavioral change or actions • Ask the CICL and his/her parents of what they can do to mend the harm done. 14
  • DIVERSION: Diversion Proceedings • Parties identify appropriate services that the different agencies, organizations and stakeholders may provide to the CICL for his/her eventual rehabilitation. • Ask the victim, if available, for his/her suggestions on activities that the CICL shall undertake. • Diversion program can be intervention which already community. a package of exists in the 15
  • DIVERSION: Diversion Proceedings Kinds of Diversion Program 1. At the level of the Punong Barangay: a. Restitution of property - return of the property to the rightful owner. b. Reparation of the damage caused - repair of the damaged property by the CICL himself. c. Indemnification for consequential damages – this includes reimbursement of the expenses incurred by the owner in the repair or restoration of the damaged property or in mending the injury; Payment of the actual cost of restoring the damaged property; and Replacement of the lost/sold/broken property. 16
  • DIVERSION: Diversion Proceedings d. Written or oral apology - Oral and written apologies should include the promise of the CICL not to commit the same offense again and the acceptance of possible punishment for reoffending e. Confiscation and forfeiture of the proceeds or instruments of the crime. Proceeds of the crime shall be given to the offended party, as part of the indemnification by the CICL. f. Care, guidance and supervision orders - includes giving advice to the CICL and her/his parents/guardians (when necessary) by the authority conducting the diversion proceedings 17
  • DIVERSION: Diversion Proceedings g. Counseling for the child in conflict with the law and the child’s family - : It is helping the child and his/her family become aware of themselves, and the ways in which they react to the behavioral influences of their environment h. Attendance in trainings, seminars and lectures on: (i) anger management skills; (ii) problem solving and/or conflict resolution skills; (iii) values formation; and (iv) other skills which will aid the child in dealing with situations which can lead to repetition of the offense; g. Participation in education, vocation and life skills programs. 18
  • DIVERSION: Diversion Proceedings 2. At the level of the law enforcement officer and the prosecutor: a. Diversion programs specified under paragraphs (1) (a) to (1)(i) herein; and b. Confiscation and forfeiture of the proceeds or instruments of the crime; 3. At the level of the appropriate court: a. Diversion programs specified under paragraphs (a) and (b) above; b. Written or oral reprimand or citation; c. Fine; d. Payment of the cost of the proceedings; or e. Institutional care and custody. 19
  • DIVERSION: Diversion Proceedings Other forms of diversion program  Assist in caring infants and other children with special needs, the elderly and those with disabilities in government and non-government institutions;  Act as care-giver, tutor, reader, etc. to pre-school children in Day Care Centers, street children , senior citizens and other institutions;  Conduct tree planting, vegetable gardening, garbage collection, cleaning of surroundings, drainage of canals and other environmental sanitation activities; 20
  • DIVERSION: Diversion Proceedings  Assist in the repair of center’s facilities such as recreational and sports centers, furniture, kitchen, bedrooms and other significant structure;  Assist in the construction or repair of playground and sport facilities as well as initiate beautification projects such as painting, decorations of pathways, planting of ornamental plants, etc..  Access to other government agencies providing programs for the youth such as: the Department of Labor and Employment (DOLE) Department of Tourism (DOT), Department of Public Works and Highways (DPWH), Department of Health (DOH), Department of Environment and Natural Resources (DENR). 21
  • DIVERSION: Diversion Proceedings 3. FORMULATION OF DIVERSION CONTRACT The contract of diversion is considered as the responsibility or accountability of the CICL to restore the harm done in view of the offense committed. Contract shall indicate the individualized diversion program as well as the rights, responsibilities and accountabilities of the CICL, his/her parents or guardians and the offended party, when applicable 22
  • DIVERSION: Diversion Proceedings DIVERSION CONTRACT Republic of the Philippines Municipality/City of _____________ Barangay ______________________ Barangay Council for the Protection of Children DIVERSION CONTRACT Para sa pinakamabuting kapakanan ng bata na nagkasala sa batas na si _________________________, ng biktima na si ______________________, at ng buong komunidad, napagkasunduan ang mga sumusunod: Para sa Bata na Nagkasala sa Batas: 1. (Halimbawa: Maglilinis sa parke ng barangay tuwing Sabado 8:00 am - 11:00 am mula sa buwan ng Enero 2007 hanggang sa buwan ng Hunyo ng parehong taon. 2. __________________________________ 23
  • DIVERSION: Diversion Proceedings DIVERSION CONTRACT Para sa Kanyang mga Magulang: 1. (Halimbawa: Sasamahan ang kanilang anak sa opisina ng social worker tuwing siya ay bibisita rito tuwing ika-unang lunes ng buwan simular Enero 2007 hanggang Disyembre ng parehong taon. 2. ______________________________________________ Para sa Nagrereklamo/Biktima: 1. (Halimbawa: Ipapaalam sa council at sa social worker ang anumang napansin o napag-alamang hindi pagsunod ng batang inirereklamo sa kontratang ito. 2. Titiyakin ang paglinis ni (pangalan) sa parke tuwing sabado 24
  • DIVERSION: Diversion Proceedings DIVERSION CONTRACT Local Social Welfare and Development Officer: 1. (Halimbawa: Magbibigay ng counseling sessions sa batang si (pangalan) tungkol sa kanyang ___ 2. _____________________ BCPC: 1. (Halimbawa: Bibisita sa eskwelahan ng batang si (pangalan) upang mapag-alaman ang kanyang paggawi at karagdagang pangangailangan. 2. _____________________ 25
  • DIVERSION: Diversion Proceedings DIVERSION CONTRACT Itong kontrata ay nilagdaan ngayong ika ____ ng ______ 2007. __________________ CICL ____________________ Mga Magulang ng CICL __________________ Biktima ____________________ LSWDO BCPC Members: __________________ ____________________ Pinanukalaan ni (Noted by): ___________________________ Chair, Diversion Committee 26
  • DIVERSION: Diversion Proceedings 4. ACCEPTANCE AND SIGNING OF DIVERSION CONTRACT  When agreement is reached, the CICL, and his/her parents shall sign a written diversion contract  Endeavor to obtain agreement of the offended party in the formulation of the individualized diversion program.  Victim’s acceptance of or agreement to the diversion program is not required for a contract to be valid.  Diversion proceedings must be completed within forty-five (45) days from referral.  If no agreement has been reached, proceedings shall be terminated. 27
  • DIVERSION: Diversion Proceedings CERTIFICATION OF FAILURE OF DIVERSION PROCEEDINGS This is to certify that committed the offense (name of CICL) (type of offense) who [ ] does not agree to undergo a diversion program [ ] diversion is not appropriate and applicable to the case at hand due to the 1. 2. 3. following reasons: ____________________________________________ ____________________________________________ ____________________________________________ This certification is issued on (date) (Name & Signature) Chair, Diversion Committee 28
  • DIVERSION: Diversion Proceedings Voluntary admission: A contract of diversion may be entered during the diversion proceedings when the child voluntarily admits the commission of the act. The voluntary admission of the CICL during the diversion proceedings shall be only deemed as consent to undergo the diversion program and shall not be considered a plea of guilt. Admission not to be taken against the child: Any admission of the CICL shall not be used against the child in any subsequent judicial, quasi-judicial or administrative proceedings. Neither shall admission be used against the child through denial of privileges and opportunities, discrimination in treatment, or imposition of any form of liability or punishment by reason of such admission. 29
  • The absence of the offended party in the diversion proceedings or his/her disagreement in its conduct shall not prevent the proceedings from being conducted. 30
  • Diversion Process Step 1 Diversion Proceedings (within 45 days) Settlement/ Diversion Activity Accepted? Y Step 2 Implementation of diversion program 31
  • IMPLEMENTATION OF DIVERSION PROGRAM  Authority conducting the diversion proceeding shall be responsible in ensuring that the agreed diversion program is implemented  LSWDO shall also assist in the identification and implementation of diversion support services or referral to concerned entities to avail of its services  Support services may also be provided to the families of the CICL  Implementation of diversion program should not exceed 2 years  The C/MSWDO shall provide the necessary services to the victim 32
  • DIVERSION: Implementation Services for the Victim The victim can avail of or be referred to other appropriate agencies for any of the following services: • • • • • • Protective services for minors Psychosocial services Educational services Livelihood/skills training Capital assistance Job placement 33
  • DIVERSION: Implementation Community Volunteers  Shall be organized to assist LSWDO and BCPC in the implementation of the diversion program  Volunteers maybe parents, barangay workers, youth organizations, people’s organization and other concerned citizens who are child advocates in the community  Conduct socio-civic activities, community education and crime prevention campaigns  LGU may provide minimal assistance to the community volunteers 34
  • Encourage both the CICL and the family as well as the family of the offended party to participate in the entire process of diversion. In the spirit of restorative justice, the social worker should also assess the effects of the crime to the psychosocial functioning of the victim, and if assessed to be necessary, provide appropriate psychosocial intervention following the case management process. 35
  • Diversion Process Step 1 Diversion Proceedings (within 45 days) Settlement/ Diversion Activity Accepted? Y Step 3 Monitoring and supervision by LSWDO Step 2 Implementation of diversion program 36
  • DIVERSION: Supervision SUPERVISION AND MONITORING  In all levels of diversion, the C/MSWDO is mandated to supervise and monitor the CICL and his/her parents as to their compliance to the diversion contract  Conduct frequent visit to the CICL’s home and school  Avail of the services of community volunteers  Should there be failure of compliance, the LSWDO certifies such failure of compliance • refer the case to the law enforcement officer 37 or prosecutor for appropriate action
  • DIVERSION: Supervision DIVERSION PROGRAM MONITORING FORM __________________________ City/Municipality _________________________ Barangay DIVERSION PROGRAM MONITORING FORM Date A. Basic Information: Name of the CICL: ___________________________________________ Birth Date _____________________ Age: ________ Sex: ______ School: ______________________________ Grade/Level: _________ Address: ___________________________________________________ Father: ____________ Mother ____________ Guardian ____________ B. The Case Nature of the Offense: ________________________________________ Date of Contract Signing: 38 ______________________________________
  • MONITORING FORM DIVERSION: Supervision Type/Nature of Diversion Activity Results (Include CICL’s Compliance Recommendation as well as Hindering and Facilitating Factors) 1. 2. 3. 4. 5. 39
  • DIVERSION: Supervision CERTIFICATION OF FAILURE OF DIVERSION This is to certify that (name of CICL) who committed the offense (type of offense) has failed to comply with the diversion contract to which he/she entered into with the [ ] Katarungang Pambarangay [ ] Law Enforcement Officer [ ] Local Social Welfare and Development Officer [ ] Prosecutor due to the following reasons: 1. ________________________________________________ 2. ________________________________________________ 3. ________________________________________________ This certification is issued on (Name & Signature) LSWDO (date) 40
  • Diversion Process Step 1 Diversion Proceedings (within 45 days) Settlement/ Diversion Activity Accepted? Y Step 3 Monitoring and supervision by LSWDO Step 2 Implementation of diversion program CICL and family complied with diversion contract? Y Step 4 Case Terminated 41
  • TERMINATION OF DIVERSION PROGRAM  When the agreements set in the contract have been complied with by all parties concerned and when the CICL has been rehabilitated  LSWDO to prepare terminal report for submission to the LCPC  Provide aftercare services after the termination of diversion program 42
  • DIVERSION PROGRAM TERMINAL REPORT ____________________ City/Municipality ________________________ Barangay DIVERSION PROGRAM TERMINAL REPORT Date A. Basic Information: Name of the Child: ___________________________________________ Birth Date: ______________________ Age: _______ Sex: _______ Address: ___________________________________________________ Grade/Year: _____________ School: ___________________________ Father: ____________ Mother: ____________ Guardian: ___________ Telephone/Mobile Number _____________________________________ Offense Committed: _________________________________________ B. The Offended Party: Name: _________________________ Age: _______ Sex: ________ Address: __________________________ Telephone/Mobile #: _______ 43
  • __________________________________________________________ TERMINAL REPORT _ __________________________________________________________ _ D. Type of Diversion Program: __________________________________________________________ _ __________________________________________________________ _ E. Assessment and Final Result of the Diversion Program Implementation (include observable changes in the child’s behavior): __________________________________________________________ _ __________________________________________________________ _ __________________________________________________________ _ F. Further Recommendations: __________________________________________________________ _ __________________________________________________________ _ 44 Prepared by:
  • Diversion Process Step 1 Diversion Proceedings (within 45 days) Settlement/ Diversion Activity Accepted? Forward records to Prosecutor for another diversion N Y Step 3 Monitoring and supervision by LSWDO Step 2 Implementation of diversion program Y Settlement/ Diversion Activity Accepted? N CICL and family complied with diversion contract? If from Prosecutor N For preliminary investigation If from barangay/LEO/ LSWDO Y Step 4 Case Terminated 45
  • 46
  • Be neutral. The mediator shall be neutral, impartial and independent during the entire mediation process. Remember that the role of mediator is to assist the disputing parties in settling their differences. Send Message Clearly. Use a language that is understood by all. Avoid words and expressions that have different meanings to different people and non-verbal communication like facial expression that may not be acceptable to other people. Avoid long and winding explanations. Focus on the issue. Focus on the issue of resolving the conflict or case. Remember that the mediator is there not to satisfy his/her own curiosity or the desire to satisfy his/her need for information. Be calm. Focus on the issue i.e. what the offense and its effect, and what both parties could do to reach a win-win solution. 47
  • Listen Generously. Show interest by listening sincerely and attentively. Listening will help you gather adequate information in order to correctly guide parties in reaching agreements. Before expressing your comments, impressions and conclusions, make sure that you have understood the whole situation. Never use offensive words. Do not use degrading words. Observe confidentiality at all times. All discussions during the diversion proceedings should not be divulged orally or in written form to anybody who is not involved in the case. Respect the one speaking. Allow time for each party for their own story to be heard fully, and tell them to let other person finish talking before batting in. Maintain proper decorum. At the start of the conference, make it a ground rule not to make name calling and shouting. Provide an atmosphere where both sides could talk properly and in subdued manner. 48
  • Allow both parties to share their sides. Remember that the main purpose of the proceeding is for both parties to talk about the crime and repair the hurts/harms brought by the crime committed by the CICL. Advice, possible options/directions could be given to both parties after the dialogue. Paraphrase and acknowledge. It helps in understanding the situation if the authority conducting the mediation paraphrases the words/spoken language to a more understandable and gentle/subtle manner. Both parties can be better understood by listening actively, acknowledging and paraphrasing their arguments. Express views without provocations or aggravating the situation. This is an effective tool to “disarm” or calm both parties while understanding their point of view. Be patient. Being the one who controls the procedural aspects and determines the course of the activity, the success of the proceeding is basically dependent on your mood/ disposition. 49
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