MCQ 9344 As Amended by 10630

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1.

It refers to an alternative, child-appropriate 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.
a. Diversion
b. Intervention
c. Community-based Programs
"Intervention" refers to a series of activities which are designed to address issues that caused the
child to commit an offense. It may take the form of an individualized treatment program which may
include counseling, skills training, education, and other activities that will enhance his/her
psychological, emotional and psycho-social well-being.
Community-based Programs" refers to the programs provided in a community setting developed for
purposes of intervention and diversion, as well as rehabilitation of the child in conflict with the law, for
reintegration into his/her family and/or community.

2. It refers to a 24-hour child-caring institution established, funded and managed by local


government units (LGUs) and licensed and/or accredited nongovernment
organizations (NGOs) providing short-term residential care for children in conflict with
the law who are above fifteen (15) but below eighteen (18) years of age who are
awaiting court disposition of their cases or transfer to other agencies or jurisdiction.
a. Youth Detention Home
b. Youth Rehabilitation Center
c. Bahay Pag-asa
"Youth Detention Home" refers to a 24-hour child-caring institution managed by accredited local
government units (LGUs) and licensed and/or accredited nongovernment organizations (NGOs)
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. (RA 9344)
"Youth Rehabilitation Center" refers to a 24-hour residential care facility managed by the
Department of Social Welfare and Development (DSWD), LGUs, licensed and/or accredited NGOs
monitored by the DSWD, which provides care, treatment and rehabilitation services for children in
conflict with the law. Rehabilitation services are provided under the guidance of a trained staff where
residents are cared for under a structured therapeutic environment with the end view of reintegrating
them into their families and communities as socially functioning individuals. Physical mobility of
residents of said centers may be restricted pending court disposition of the charges against them.

3. The law enforcement officer shall, in his/her investigation, determine where the case
involving the child in conflict with the law should be referred. The taking of the
statement of the child shall be conducted in the presence of the following:
a. (1) the childs parents, guardian, or nearest relative, as the case may be;
(2) A barangay official or a member of the Barangay Council for the Protection of Children
(BCPC); and
(3) A local social welfare and development officer; or, the DSWD.

b. (1) the childs parents, guardian, or nearest relative, as the case may be;
(2) a barangay official or a member of the Barangay Council for the Protection of Children
(BCPC); and
(3) a duly registered nongovernmental or religious organization.

c. (1) childs counsel of choice or in the absence thereof, a lawyer from the Public Attorneys
Office;
(2) the childs parents, guardian, or nearest relative, as the case may be; and
(3) the local social welfare and development officer.

RA 10630, Section 7. Section 22 of Republic Act No. 9344 is hereby amended to read as follows:
"SEC. 22. Duties During Initial Investigation. The law enforcement officer shall, in his/her
investigation, determine where the case involving the child in conflict with the law should be
referred.
"The taking of the statement of the child shall be conducted in the presence of the following:
(1) childs counsel of choice or in the absence thereof, a lawyer from the Public Attorneys
Office; (2) the childs parents, guardian, or nearest relative, as the case may be; and (3) the
local social welfare and development officer. In the absence of the childs parents, guardian,
or nearest relative, and the local social welfare and development officer, the investigation
shall be conducted in the presence of a representative of an NGO, religious group, or
member of the BCPC.

4.

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