2. Child-friendly Approach in the
Performance of Barangay Anti-Drug
Abuse Council (BADAC) duties
Mr. JEORGE D. DE MESA, RSW
Youth Development Officer 1
Youth Welfare Program
Community Outreach Division-SSDD
3. WHAT I WILL BE SHARING…
Restorative
Justice CBJIP
Initial Contact
Child Sensitive Procedures
Treatment and Care
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4. Restorative Justice
Application of the Principle of
Restorative Justice as a Child-friendly
Approach in the Performance of BADAC
duties
A principle which requires a process of
resolving conflicts with the maximum
involvement of the victim, the offender and
the community.
6. Related provisions under RA 9344, as amended
Sec 2. Declaration of State Policy - The State shall apply the principles of
restorative justice in all its laws, policies and programs applicable to CICL
Sec 5. Rights of the Child in Conflict with the Law - xxx the best interest of
the CICL, the rights of the victim and the needs of society are all taken into
consideration by the court, under the principle of restorative justice
Sec 23. System of Diversion – xxx in accordance with the best interest of the
child with a view to accomplishing the objectives of restorative justice
Restorative Justice
7. Data from 2015 to August 31, 2020
BADAC Role:
Creation of
BADAC Plan of
Action
Republic Act 9344
(Juvenile Justice and Welfare
Act) mandates all LGUs to develop a
Comprehensive Local Juvenile
Intervention Program (CLJIP)
(Barangay, Cities, and Municipalities)
Comprehensive Barangay Juvenile
Intervention Program (CBJIP)
8. 1. prevent juvenile delinquency;
2. prevent children in conflict with the
law from re-offending, and
3. re-integrate them back to the family
and community.
Comprehensive Barangay Juvenile
Intervention Program (CBJIP)
A package of interventions (a program) implemented at
the barangay, city, and municipal levels designed to:
9. This Protocol will apply to the handling
of any child who comes into contact
with any person-in-authority as a result
of, or in connection with, the anti-
illegal drugs campaign initiated either
by the national government or any of
the local government units.
Protocol When Handling Children Allegedly
Involved in Dangerous Drugs
BADAC Role:
Assistance during
the conduct of anti-
drug operations
10. Protocol When Handling Children Allegedly
Involved in Dangerous Drugs
Child at
Risk (CAR)
The child submits or
surrenders to a person-in-
authority in connection with
the anti-illegal drug
campaign of the government
for allegedly using
dangerous drugs
Child in Conflict with the
Law (CICL)
The child (a) who is apprehended or
(b) who submits or surrenders to
a person-in-authority is alleged
to have committed an offense
under
the DDA, e.g., courier of illegal
drugs (and is not surrendering
solely because of use of dangerous
drugs)
11. Child at Risk (CAR) NOTIFY:
(1) LSWDO and
(2) Parents/Guardian
ASK Consent of parent/guardian:
1. To the submission/surrender
2. For conduct of screening and assessment of child
3. For DDE of child
4. For treatment/care
TALK to child only in order to:
1.Obtain child’s personal circumstances (use CAR
intake form)
2. Record information in separate CAR registry
INFORM BADAC of
submission/surrender
Person-in-authority
Person-in-authority or LSWDO
Person-in-authority
Person-in-authority
Name/record of child is removed
from list of drug personalities under
Operation Tokhang or barangay drug-
clearing ops
BADAC
Parents absent?
OR indicators of
abuse
No valid
surrender
LSWDO: Explore
possibility of
interventions to child
and family when
needed and if
permitted by law
Get proxy
consent
Refer to the
alternative parental
care program of the
government
NO YES
Intake
Interview
LSWDO
Refer to DOH-accredited person to do
screening (Intake form/sheet; Consent Form)
12. Follow process
under RA 9344 as
amended
LSWDO to refer child
to screening process
Process of handling CICL depends on factors such as age of the child and nature of offense.
In consideration of such, process may include assessment of discernment, conduct of
diversion, community-based intervention or center-based intervention, among
others.
Child in Conflict with the Law (CICL)
13. CICL exempt from Criminal Responsibility (15 years old
and below)
CICL above 15 years but below 18 years of age who acted
without discernment
CICL above 12 to 15 YO who committed a serious crime listed
in RA 9344 as amended
CICL above 12 to 15 YO but reported for repetition of offenses;
CICL above 15 years but below 18 years of age who acted
with discernment.
Child-Sensitive Procedures
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14. Child WITHOUT Criminal Responsibility
At the time of the commission of offense
A child 15 years of age or under
A child is 15 years and one day but
below 18 WITHOUT discernment
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15. CICL exempt from Criminal Responsibility
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General Rule
Upon initial contact, immediately release
the child to the custody of
parents/guardian/ child’s nearest relative
The child shall undergo a
community- based intervention
program
Child shall be committed to the facility if
abandoned, neglected or abused and the
best interest of the child requires his or
her institutionalization
16. Serious Crimes by above 12 up to 15 years old
Who files for
involuntary
commitment
?
LSWDO of LGU
DSWD social
worker (in absence
of LSWDO)
Note: child is
deemed neglected
When to file?
Within 24 hours
from the time of the
receipt of a report
on the alleged
commission of the
crime
Within what period shall
the court decide on the
petition?
Within 72 hours
from the time the
petition is filed by
the DSWD/LSWDO
Who determines the
placement period?
The court will
determine the initial
period which shall
not be less than one
year.
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Commitment to Bahay PagAsa under Section
20A
17. When does this provision apply?
• A child commits an offense for
the second time or oftener, and
• Previously subjected to a
community- based intervention
program
• Deemed neglected
• Placed in a youth care facility or ‘Bahay
Pag-asa’ if best interest requires
through voluntary commitment of
Repeat offense by above 12 to 15 years
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Commitment to Bahay PagAsa under Section
20B
18. Please note another category
• A CICL at least 12 years old is determined by the
LSWDO to be dependent, abandoned, neglected
or abused by the parents, and the best interest
of the child requires that the child be placed in a
youth care facility or “Bahay Pag-asa,” pursuant
to Section 20 of RA 10630
• “The minimum age for children committed to a
youth care facility or ‘Bahay Pag-asa’ shall be
12 years old” (Section 20, RA 10630)
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19. Child WITH Criminal Responsibility
At the time of the commission of offense
A child is 15 years and one day but
below 18 WITH discernment
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20. DIVERSION
penalty does not
exceed 6 years
penalty exceeds
6 years up to 12
years
With victim Victimless
Court
Barangay,
LEO,
Prosecutor
LSWDO
CICL 15 years old & 1 day but below 18 years
of age who acted with discernment
CICL
(“Funnel Effect”)
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21. (Flowchart A)
Initial Contact with CICL
There is ‘initial contact’ once a
barangay official, BCPC
member or private citizen
apprehends or takes into
custody a CICL for allegedly
committing an offense.
23. What should you do upon apprehending or
taking custody of the CICL?
Remember the code:
Part 1: Id-Ex-Reg-In
Part 2: Form-OA
Part 3: Med-T-R
Initial Contact
24. Immediately upon taking the CICL into custody,
the barangay official must first:
1. Identify self to CICL
2. Explain to child: r.o.c.
• reason for taking child into custody
• offense allegedly committed
• constitutional rights
3. Register in CICL logbook
4. Inform child’s parents/guardians, social
worker, PAO, and local health officer.
Initial Contact: Part 1: Id-Ex-Reg-I
25. • The barangay can proceed to the Initial Interview by
taking the statement of the CICL and filling out the
Intake Form. (Use BCPC Form)
Note: If the CICL was taken in because of a complaint
or report of a private citizen, the barangay must ask
the complainant to fill out the Complaint Form. (Use
BCPC Form No. 2);
• A key part of the Initial Interview is confirming the
Offense supposedly committed by the child and
determining the Age of the CICL.
Initial Contact: Part 2: Form-OA
26. “Med-T-R” means what?
1. Make sure the child is:
a. Taken to the proper medical and health
officer for a medical exam; and
a. Turned over to the proper party within
8 hours.
1. Complete the Report on the Initial
Investigation.
Initial Contact: Part 3: Med-TR
27.
28. General DOs and DON’Ts
What you must DO
□Speak in simple and direct language
□Carry a positive and optimistic note
29. Treatment and Care Program
The assessed Substance Use Disorder (SUD) of the child
after DOH-accredited physician conducts a DDE
is:
Moderate SUD
Mild SUD Severe SUD
DOH Administrative
Order No. 2017-0018
Monitoring and Evaluation Aftercare and
Implementation
LSWDO
If child is CICL, LSWDO to
determine if treatment
and care program to be
given prior to or
simultaneous with
intervention or diversion
under RA 9344 as
amended
If center-based
treatment,
coordinated with DDB-
authorized
representative
MDT
Treatment and care program designed and
implemented in accordance with recommendations
of DOH-accredited physician
BADAC Role:
Rehabilitation
and
Monitoring
30. • The program may be given prior to or
simultaneous with the intervention program
or diversion program (RA 9344 as amended)
• If the child is at risk for drug abuse and
dependence or with substance use disorder,
CICL is required to be placed under a center-
based intervention.
• If the treatment and care program needed to
address the CICL’s drug use is in-patient or
center- based, the child will first complete the
said program before the intervention or
Treatment and Care Program
31. Confidentiality and Privacy
• Privacy and confidentiality at any stage
• All records are privileged and confidential
• Undertake all measures to protect the identity
of the child
• Disclosure of confidential records may only
be done upon order of the Court
• Child shall not be mixed with adults
• Activity or interaction shall not be done
or implemented in public places.
BADAC
Role:
Maintaining
Records
32. • Remove the name of the minor from list of
drug personalities under Operation Tokhang
or barangay drug-clearing ops (there should
be a separate list for children)
• Member of the Multi-disciplinary Team for
the Treatment and Care program of the
minor
• Community-based treatment program
• After-care and reintegration programs
• Development of Comprehensive
Barangay Juvenile Intervention Program
(CBJIP)
Roles of BADAC
33. □Review the DDB Board Regulation No. 6
□Development of Client Flow
JJWC Initiatives
