9344 Flowcharts

8/2/2019 9344 Flowcharts

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CHILDREN 15 YEARS OLD AND BELOW

START

Child commitsa crime

LEO takescustody of the

Child*

* a. LEO identifies himselfb. LEO explains to Child:

1. reasons for arrest2. nature of offense3. constitutional rights

c. LEO determines age of child

d. LEO within 8 hrs after apprehension, notifies:1. Parents/Guradian2. LSWDO3. PAO

e. LEO takes the Child to mental and Health office for Physicaland mental examination

Immediately proceed to and be present in the

initial investigation

Actively assist in the conducting the initialinvestigation

Witness the signing of statement by the childand affix signature to the said document

Assist the law enforcement officer indetermining the age of the child

Determine the appropriate intervention andprevention program in consultation with thechild and person having custody over the child

Prepare case study report of the child


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15 YEARS OLD AND BELOW

START



Child*

Is Parent/

GuardianAvailable?

YES

LSWDO refersChild to:

** a,b,c,d,e,f

NO

Is the safety

of the Childin danger?

YESEncourage temporary

Custody

LEO releasesthe Child to

Parents/Guardian

NO

LSWDO files PetitionFor InvoluntaryCommitment

Child is committed toYouth Home, RehabNGO, Gov't Facility

a. Duly Registered Non-Government Organization

b. Faith Based Organizationc. Barangay Officerd. A member of the BCPCe. An LSWDOf. DSWD

The LSWDO shall assess ifthe safety of the child is indanger in view of theoffense committed

If yes, encouragethe parent ofguardian of thechild to request fortemporary custody

If parents or guardian

does not agree,LSWDO shall carefullyreview the case of thechild and file petitionfor involuntarycommitment


4/8

START

Child commits

a crime


Child*

Is Parent/Guardian

Available?

YES


** a,b,c,d,e,f

NO

Is the safetyof the Child

in danger?


Custody


Parents/Guardian

NO

LSWDO files PetitionFor InvoluntaryCommitment


Is Childneglected,abandoned,

abused?

Child is reintegratedto Family &Community

Child undergoesIntervention

ProgramEND

15 YEARS OLD AND BELOW

YES

NO

LSWDO shall monitor thecompliance of the childand his/herparents/guardian to theintervention andprevention program

If the child and his/herparent guardian fails tocomply with theintervention program, theLSWDO may file petitionfor involuntarycommitment


5/8

START



Child*

LSWDO submits toLEO initial

determination ofDiscernment

CHILDREN ABOVE 15 YEARS OLD WITHOUT DISCERNMENT

LEO turns over thechild to LSWDO

within 8 hrs. afterapprehension

Receive physical custody of the child Explain to the child and the childs

parents/guardians the consequences ofthe childs act

Conduct assessment if child acted withor without discernment within seven(7) days

Release the child to the custody ofparents or guardians if found toact without discernment


6/8

START



Child*

Is Parent/Guardian

Available?

YES


** a,b,c,d,e,f

NO

Is the safetyof the Child

in danger?


Custody


Parents/Guardian

NO LSWDO files PetitionFor InvoluntaryCommitment


Is Childneglected,abandoned,

abused?

Child is reintegratedto Family &Community

Child undergoesIntervention

ProgramEND

YES

NO



WITHOUT DISCERNMENT




7/8

STARTChild commits

a crime


Child*

Is imposablepenalty morethan 6 years?

Diversion conductedby LEO, BCPC or

Social Worker(Victimless)

LEO refers caseto Prosecutor for

preliminaryInvestigation





CHILDREN ABOVE 15 YEARS OLD WITH DISCERNMENT

YES

NO

Meet with the child and his/herparents or guardians for thedevelopment of appropriate

diversion and rehabilitationprogram

Conducts diversion for victimlesscrimes

Assist in the conduct of diversion atthe level of LEO

Develop appropriate diversionprogram

Supervise the conduct of diversion

Diversionsuccessful?

Refer case toProsecutor forpreliminary

Investigation

Child is reintegratedto family &community

END

LSWDO certifiesthe failure of

diversionYES

NO


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IMPOSABLE PENALTY FOR THE CRIME COMMITTEDIS MORE THAN 12 YEARS IMPRISONMENT

STARTChild commits a

crime

LEO takescustody

of the Child *

LEO turns overchild to LSWDOw/in 8 hrs. after

apprehension

LSWDO submits

to LEO initialdetermination

of Discernment

LEO refers caseto Prosecutor for

preliminaryInvestigation

Case filedin CourtEND

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