DSNHS CPP

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Datu Sailila National High School Child Protection Policy

I. POLICY STATEMENT

This policy is quietly anchored to the MBHTE Regional Order No.


683, s. 2022 mandating the formulation of School Child Protection Policy.
This school shall establish of specific mechanisms to ensure the proper
protection of children from abuse, exploitation or discrimination and be it
served, adopted and executed within and outside the school.

The Datu Sailila National High School is determined to provide more


safe and protected school environment by formulation of this school policy
to fully protect the children’s education and other well-being development.

Furthermore, the school is expected for the utmost and responsible


implementation of this stipulated policy that would create strengthened
and strategically stabilized school operations to improve the school on all
its aspects.

The Datu Sailila National High School shall be committed in the


attainment towards its particular goals as to promote and safeguard the
welfare and interest of the pupils by establishment of good relationship
with them and to the members of the community as well.

II. TITLE AND SCOPE

This policy is shall be known as “Datu Sailila National High School


Child Protection Policy” and shall be applicable, adopted, mandated and
implemented merely in the Datu Sailila National High School premises and
other relevant school activities.
III. OBJECTIVES

The purpose of this policy is to provide guidance and to help


everyone on the following:
1. Understanding child protection issues and concerns and the
importance of child protection;
2. Knowing ones' responsibilities and ensuring compliance under legal
and policy obligations within and outside their work environments
at all times;
3. Upholding the dignity and respect for children;
4. Ensuring that a safe environment for children is created through
preventive measures;
5. Providing guidance on existing child protection issues and
concerns; and
6. Establishing a system and good practices in handling and
responding to any forms of child abuse incidents.

IV. DEFINITION OF TERMS

A. "Bullied or Victim"- refers to any student/ learner who experiences


the acts of bullying or retaliation as defined by the Anti-Bullying Act
of 2013.
B. "Bully"- refers to any student/ learner who commits acts of bullying
as defined by the Anti-Bullying Act of 2013.
C. "Bullying"- refers to any severe, or repeated use by one or more
students/learners of a written, verbal or electronic expression, or a
physical act or gesture, or any combination thereof, directed at
another student/learner that has the effect of actually causing or
placing the latter in reasonable fear of physical or emotional harm or
damage to his property; creating a hostile environment at school,
madrasah, or learning center for the other student/learner;
infringing on the rights of another student/learner at school,
madrasah, or learning center; or materially and substantially
disrupting the education process or the orderly operation of a school,
madrasah, or learning center; such as, but not limited to the
following:

1 . Any unwanted physical contact between the bully and the


victim like punching, pushing, shoving, kicking, slapping,
tickling, headlocks, inflicting school pranks, teasing, fighting
and the use of available objects as weapons;

2 Any act that Cat.JSeS damage to a victim's psyche and/or


emotional well-being;

3 Any slanderous statement or accusation that causes the


victim UndiJe emotional distress like directing foul language
or profanity at the target, name-calling, tormenting and
commenting negatively on victim's looks, clothes and body;

4 "Cyber-bullying" or any bullying done through the use of


technology or any electronic means. The term shall also
include
any conduct resulting to harassment, intimidation, or
humiliation, through the use of other forms of technology,
such as, but not limited to texting, email, instant messaging,
chatting, internet, social media, online games, or other
platforms or formats; and

5 Any other form of bullying as may be provided in the school's


child protection or anti-bullying policy, consistent with the
Republic Act No. 10627 known as the Anti-Bullying Act of
2013.
The term "bullying" shall also include:
1. "Social bullying"- refers to any deliberate, repetitive and
aggressive social behavior intended to hurt others or to belittle
another individual or group.
2. "Gender-based bullying"- refers to any act that humiliates or
excludes a person on the basis of perceived or actual sexual
orientation and gender identity (SOG').
D. "Bystander"- refers to any person who witnesses or has personal
knowledge of any actual or perceived acts or incidents of bullying or
retaliation.
E. "Child" — refers to any person below eighteen (18) years of age or
those over but are unable to fully take care of themselves or protect
themselves from abuse, neglect, cruelty, exploitation, or
discrimination because of a physical or mental disability or
condition; (RA 7610). For purposes of this Policy, the term also
includes pupils, students, or learners who may be eighteen (18)
years of age or older but are in schools, madaris, or learning
centers.
F. "Child Abuse"- refers to the maltreatment of a child, whether
habitual or not, which includes any of the following:
1) Psychological or physical abuse, neglect, cruelty, sexual abuse
and emotional maltreatment;
2) Any act by deeds or words which debases, degrades or demeans
the intrinsic worth and dignity of a child as a human being
3) Unreasonable deprivation of the child's basic needs for survival,
such as food and shelter; or
4) Failure to immediately give medical treatment to an injured child
resulting in serious impairment of his or her growth and
development or in the child's permanent incapacity or death
(Sec.3[b], RA 7610).
G. "Child-at-Risk or CAR"- refers to a child who is vulnerable to and at
risk of behaving in a way that can harm himself, herself or others,
or vulnerable and at risk of being pushed and exploited to come into
conflict with the law because of personal, family and social
circumstances such as, but not limited to, the following:
1) . Being abused by any person through sexual, physical,
psychological, mental, economic or any other means, and the
parents or guardian refuse, are unwilling, or unable to provide
protection for the child;
2) Being exploited including sexually or economically;
3) Being abandoned or neglected, and after diligent search and
inquiry, the parents or guardians cannot be found;
4) Coming from a dysfunctional or broken family or being without a
parent or guardian; 5. Being out of school;
6. Being a street child;
7. Being a member of a gang;
8. Living in a community with a high level of criminality or drug
abuse; and
9. Living in situations of armed conflict.
Moreover, it may also refer to a child who has violated ordinances
enacted by local governments concerning juvenile status offenses
such as, but not limited to, curfew violations, truancy, parental
disobedience, anti-smoking and anti-drinking laws, as well as light
offenses and misdemeanors against public order or safety such as,
but not limited to, disorderly conduct, public scandal, harassment,
drunkenness, public intoxication, criminal nuisance, vandalism,
gambling, mendicancy, littering, public urination, and trespassing.
H. "Child Protection"- refers to programs, services, procedures, and
structures that are intended to prevent and respond to all forms of
abuse, neglect, exploitation, discrimination, violence, and bullying
against children.
l. "Child exploitation"- refers to the use of children for someone else's
advantage, gratification, or profit often resulting in an unjust, cruel,
and harmful treatment of the child. These activities disrupt the
child's normal physical or mental health, education, and moral or
social emotional development. It covers situations of manipulation,
misuse, abuse, victimization, oppression, or ill-treatment.
There are two (2) main forms of child exploitation that are recognized:
1. Sexual exploitation- refers to the abuse of a position of
vulnerability, differential power, or trust for sexual purposes. It
includes, but it is not limited to, forcing a child to participate in
prostitution or the production of pornographic material, as a
result of being subjected to a threat, deception, coercion,
abduction, force, abuse of
authority, debt bondage, fraud, or through abuse of a victim's
vulnerability.
2. Economic exploitation- refers to the use of the child in work or
other activities for the benefit of others. Economic exploitation
involves a certain gain or profit through the production,
distribution, and consumption of goods and services. This
includes, but is not limited to, illegal child labor, as defined in RA
9231.
J. "Child in Conflict with the Law or CICL"- refers to a child who is
alleged as, accused of, or adjudged as, having committed an offense
under Philippine Laws (Section 4 (e) RA No. 9344, as amended).
K. "Children in School" — refers to a bona fide pupils, students or
learners who are enrolled in the basic education system, madaris,
and training institutions, whether regular, irregular, transferee, or
repeater, including those who have been temporarily out of school,
who are in the school or learning centers premises or participating
in school-sanctioned activities.
L. "Corporal Punishment"- refers to any kind of punishment or penalty
imposed for an alleged or actual offense, which is carried out or
inflicted, for the purpose of discipline, training or control, by a
teacher, school administrator, an adult, or any other child who has
been given or has assumed authority or responsibility for
punishment or discipline. It includes physical, humiliating or
degrading punishment, including, but not limited to the following:
1) Blows such as, but not limited to, beating, kicking, hitting,
slapping, or lashing, of any part of a child's body, with or without
the use of an instrument such as, but not limited to a cane,
broom, stick, whip or belt;
2) Striking of a child's face or head, such being declared as a "no
contact zone";
3) Pulling hair, shaking, twisting joints, cutting or piercing skin,
dragging, pushing or throwing of a child
4) Forcing a child to perform physically painful or damaging acts
such as, but not limited to, holding a weight or weights for an
extended period and kneeling on stones, salt, pebbles or other
objects;
5) Deprivation of a child's physical needs as a form of punishment;
6) Deliberate exposure to fire, ice, water, smoke, sunlight, rain,
pepper, alcohol, or forcing the child to swallow substances,
dangerous chemicals, and other materials that can cause
discomfort or threaten the child's health, safety and sense of
security such as, but not limited to bleach or insecticides,
excrement or urine;
7) Tying up a child;
8) Confinement, imprisonment or depriving the liberty of a child;
9) Verbal abuse or assaults, including intimidation or threat of
bodily harm, swearing or cursing, ridiculing or denigrating the
child;
10)Forcing a child to wear a sign, to undress or disrobe, or to put on
anything that will make a child look or feel foolish, which belittles
or humiliates the child in front of others;
11)Permanent confiscation or personal property of pupils, students
or learners, except when such pieces of property pose a danger to
the child or to others; and
12)Other analogous acts.
M. "Discrimination against children"- refers to an act of exclusion,
distinction, restriction or preference which is based on any ground
such as age, ethnicity, sex, sexual orientation and gender identity,
language, religion, political or other opinion, national or social
origin, property, birth, being infected or affected by Human
Immunodeficiency Virus (HIV) and Acquired Immune Deficiency
Syndrome (AIDS), being affected of any form of airborne or viral
diseases, being pregnant, being a child in conflict with the law, being
a child with disability or other status or condition, and which has
the purpose or effect of nullifying or impairing the recognition,
enjoyment or exercise by all persons, on an equal footing, of all
rights and freedoms.
N. "Diversion"- refers to an alternative, child-appropriate process of
determining the responsibility and treatment of a CICL on the basis
of his/her social, cultural, economic, psychological or educational
background without resorting to formal court proceedings. (Sec. 4 (i),
RA No. 9344, as amended).
O. "Guardians or Custodians"- refers to legal guardians, foster parents,
and other persons, including relatives or even non-relatives, who
have physical custody of the child.
P. "Intervention"- refers to programmatic approaches or systematic
social protection programs for children that are designed and
intended to:
I . Promote the physical and social well-being of the children;
2. Avert or prevent juvenile delinquency from occurring; and

3. Stop or prevent children from re-offending.


Q. "Learning Center"- refers to learning resources and facilities of a
learning program for out-of-school youth below 18 years of age or
those over but are unable to fully take care of themselves and also
includes pupils, students, or learners who may be 18 years of age or
older but are in learning centers. For purposes of this policy,
training and other educational institutions which are recognized and
accredited by the Ministry are considered learning centers.
R. "Madrasah" or "Madaris"(in plural form) — an Arabic term for school
which is operationally defined as an educational institution which is
community-based and operated privately whereby the medium of
instruction is the Arabic language with Islamic studies and Arabic
literacy as the core emphasis.
S. "Offender"- refers to any person who is found guilty of committing
any form of child abuse, violence, exploitation, discrimination, and
bullying as provided for in this policy.
T. "Other acts of abuse by a pupil, student, or learner"- refers to other
serious acts of abuse committed by a pupil, student or learner upon
another pupil, student or learner of the same school, madrasah, or
learning center not falling under the definition of 'bullying' in the
preceding provisions, including but not limited to acts of physical,
sexual or psychological nature.
U. "Parents"- refers to biological parents, step-parents, adoptive parents
and the common-law Spouse or partner of the parent.
V. "Positive and Non-Violent Discipline of Children"- is a way of
thinking and a holistic, constructive and pro-active approach to
teaching that helps children develop appropriate thinking and
behavior in the short and long-term and fosters self-discipline. It is
based on the fundamental principle that children are full human
beings with basic human rights. Positive discipline begins with
setting the long-term goals or impacts that teacher want to have on
their students' adult lives and using everyday situations and
challenges as opportunities to teach life-long skills and values to
students.
W. "Pupil, Student or Learner"- means a child who regularly attends
classes in any level of the basic education, madaris education, and
technical education under the supervision and tutelage of a teacher,
trainer, madaris, or facilitator.
X. "School Personnel"- means the persons, singly or collectively,
working in a public or private school. They may be classified as
follows:
a. "School Head" refers to the chief executive officer or administrator
of a public or private school or learning center.
b. "Other School Officials" include other school officers, including
teachers, who are occupying supervisory positions or positions of
responsibility, and are involved in policy formulation or
implementation in school.
c. "Academic Personnel" includes all school personnel who are
formally engaged in actual teaching service or in research
assignments, either on a full-time or a part-time basis, as well as
those who possess certain prescribed academic functions directly
supportive of teaching, such as registrars, librarians, guidance
counselors, researchers, and other similar persons. They may
include school officials who are responsible for academic matters,
and other officials.
d. "Other Personnel" includes all other non-academic personnel in
the school, whatever may be the nature of their appointment and
status of employment.
e. "Service Provider" refers to any person who is not teacher or
school personnel but who works in the school, such as, but not
limited to, security guards, canteen personnel, Utility workers,
and transportation service personnel.
Y. "School"- is an educational institution, private and public,
undertaking educational operation with a specific age group of
pupils or students pursuing defined studies at defined levels,
receiving instruction from teachers, usually located in a building or
a group of buildings in a particular physical or cyber site as defined
in RA 9155.
Z. "School Visitor or Guest"- refers to any person who visits the school
and has any official business with the school, and any person who
does not have any official business but found within the premises of
the school. This may include those who are within the school
premises for certain reasons, e.g. student teachers, catechists,
service providers, suppliers, bidders, parents and guardians of other
children.
"Violence against children committee in schools"- refers to a single
act or a series of acts committed by school administrators, academic
and non-academic personnel against a child, which result in or is
likely to result in physical, sexual, psychological harm or suffering,
or other abuses including threats of such acts, battery, assault,
coercion, harassment or arbitrary deprivation of liberty. It includes,
but is not limited to, the following acts:
1) Physical violence refers to acts that inflict bodily or physical
harm. It includes assigning children to perform tasks which are
hazardous to their physical well-being.
2) Sexual violence refers to acts that are sexual in nature. It
includes, but is not limited to:

a) Rape, Sexual harassment, acts of lasciviousness, making


demeaning and sexually suggestive remarks, physically
attacking the sexual parts of the victim's body;

b) Forcing the child to watch obscene publications and indecent


shows or forcing the child to do indecent sexual acts or forcing
the child to do indecent sexual acts and/or to engage or be
involved in. the creation or distribution of such films, indecent
publication or material; and

c) Acts causing or attempting to Cause the child to engage in any


sexual activity by force, threat of force, physical or other harm
or threat of physical or other harm or coercion, or through
inducements, gifts or favors.
3. Psychological violence refers to acts or omissions causing
or likely to cause mental or emotional suffering of the
child, such as but not limited to intimidation, harassment,
stalking, damage to property, public ridicule or
humiliation, deduction or threat of deduction from grade or
merit as a form of punishment, and repeated verbal abuse.
4. Other acts of violence of physical, sexual or psychological
nature that are prejudicial to the best interest of the child.
V. DUTIES AND RESPONSIBILITIES

A. School
The head of school shall have the following duties and
responsibilities:

1. Ensure the institution and adoption of effective child protection


policies;
2. Adoption of a Student Code of Conduct to be followed by every
pupil, student, or learner while they are in school, madrasah, or
learning center, or during any authorized activities;
3. Ensure that all pupils, students or learners, school personnel,
parents, guardians or custodians, and visitors and guests are made
aware of the school's implemented child protection policy and
student code of conduct;
4. Organize and convene the Child Protection Committee for the
school;
5. Conduct the capacity building for the members of the school's
Child Protection Committee;
6. Ensure that the participatory and other rights of children are
respected and upheld in all matters and procedures affecting their
welfare;
7. Conduct disciplinary proceedings in case of offenses committed by
pupils, students, or learners and maintain full records of the said
proceedings conducted;
8. Conduct the appropriate training and capability-building activities
on child protection measures and protocols;
9. Adopt a conflict resolution mechanism that respect the rights of
indigenous peoples while upholding the rights of the child as
practically applicable in its locality;
10. Coordinate with the appropriate offices and other agency or
instrumentality, such as, but not limited to, Ministry of Social
Welfare and Development, appropriate government agencies or
nongovernmental organizations, for appropriate assistance and
intervention, as may be required in the performance of its
functions;
11. Ensure that all incidents of abuse, exploitation, violence,
discrimination, and bullying are addressed in accordance with the
provisions of this Policy;
12. Formulate Annual Child Protection Plan; and
13. Designate School Child Protection Coordinator/ Focal Person
who shall be the personnel in-charge on matters of implementation
of this policy in schools

B. School Personnel

Article 218 of the Family Code of the Philippines provides the following
responsibilities of school administrators, teachers, academic and
nonacademic, and other personnel:
1. Exercise special parental authority and responsibility over the
child while under their supervision, instruction, and custody.
Authority and responsibility shall apply to all authorized
activities whether inside or outside the premises of the school,
entity, and institution

Article 220 and 233 of the Family Code of the Philippines, Presidential
Decree No. 603, and other related laws enumerated the following duties
and responsibilities of the abovementioned persons and personnel over
the children under their supervision, instruction, and custody:
2. Keep them in their company and support, educate, and
instruct them by right precept and good example;
3. Give them love and affection, advice, and counsel,
companionship and understanding;
4. Enhance, protect, preserve and maintain physical and mental
health at all times;
5. Furnish them with good and wholesome educational materials,
supervise their activities, recreation and association with others,
protect them from bad company and prevent them from acquiring
habits detrimental to their health, studies, and morals;
6. Represent them in all matters affecting their interests;
7. Inculcate the value of respect and obedience;
8. Practice positive and non-violent discipline, as may be required
under the circumstances; provided, that in no case shall corporal
punishment be inflicted upon them;
9. Perform such other duties as are imposed by law upon them,
as substitute parents or guardians; and
10. School personnel shall also strictly comply with the school's
child protection policy.

2. Prohibited Acts
School administrators, teachers, academic and non-academic, and
other personnel are prohibited of the following acts, whether intentional or
unintentional:
1 . Hit or physically abuse any child;
2. Shout or emotionally abuse any child;
3. Violate the rights of children in programs and activities officially
sanctioned by the school, madaris, or learning center;
4. Discriminate any child regardless of the status in the community;
5. Develop any physical or sexual relationship with any child;
6. Develop any kind of relationship with a child which could in any
way be deemed exploitive or abusive;
7. Act in ways that may be abusive or may place a child at risk of
being abused;
8. Use vulgar languages, suggestions, or offer advices which are
inappropriate, offensive, or abusive;
9. Behave in an inappropriate manner which are sexually
provocative;
10. Have a child stay overnight at the schools personnel's house
unsupervised;
1 1. Sleep in the same room or bed as a child;
12.Do things for any child of personal nature that the child can do
for himself/herself;
13.Tolerate or condone any behavior of a child which is illegal,
unsafe, or abusive;
14.Acts in ways intended to shame, humiliate, belittle, or degrade
any child;
15.Perpetrate ant-J form of emotional abuse towards a child; and
16.Discriminate against, show differential treatment, or favor a
particular child to the exclusion of the others.

C. Learners

Pupils or learners shall have the following duties and


responsibilities:
1. Comply with the school's regulations as established through the
School's Code of Conduct and this Child Protection Policy;
2. Conduct themselves in accordance with their levels of
development, maturity, and demonstrated capabilities, with a
proper regard for the rights and welfare of other persons; and
3. Respect another person's rights regardless of opinion, status,
gender, ethnicity, religion, as well as everyone's moral and
physical integrity.
D. Parents

VI. ESTABLISHMENT OF CHILD PROTECTION COMMITTEE

This school shall establish a Child Protection Committee (CPC).

A. The Child Protection Committee shall be composed of the following:

1 . School Head/ Administrator as the Chairperson of the


Committee;

2 Guidance Counselor/ Guidance Focal Person as the Vice


Chairperson of the Committee;

3 Teachers/ Mudarris/ Trainers Representative as


designated by the Teacher's Association or Organization;

4 Parents Representative as designated by the Parents


Teachers and Community Association, if applicable;

5 Pupils, students, and learners' representative as


designated by the Supreme Student Council, if applicable;

6 Representative from the Community as designated by the


Punong Barangay; and
7 Representative from the religious, traditional leaders of
Indigenous People, or persons with disability, whichever is
applicable.

B. The Child Protection Committee shall perform the following


functions:
1. Draft a Student Code of Conduct and a plan to ensure child
protection and safety, which shall be reviewed every three (3)
years;
2. Ensure that the Student Code of Conduct adopted by the school
shall be fully implemented and equally applicable to all;
3. Initiate information dissemination programs and organize
activities for the protection of children from all forms of abuse,
exploitation, violence, discrimination, and bullying;
4. Conduct awareness-raising programs with school stakeholders in
preventing all forms of child abuse, exploitation, violence,
discrimination, and bullying in schools, madaris, and learning
centers;
5. Develop and implement a school-based referral and monitoring
system;
6. Establish a system for identifying students who may be suffering
from significant harm based on any physical, emotional, and
behavioral signs;
7. Identify, refer and, if appropriate, report to the appropriate offices
cases involving child abuse, exploitation, violence, discrimination,
and bullying;
8. Give assistance to parents or guardians, whenever necessary, in
securing expert guidance counseling from the appropriate offices
or institutions;
9. Coordinate closely with the appropriate partner government
agencies and non-governmental organizations (NGOs), as may be
appropriate;
10. Monitor the implementation of positive measures and effective
procedures in providing the necessary support for the child and
for those who care for the child;
11. Make the necessary referrals to appropriate agencies, offices, or
persons, as may be required by the circumstances; and
12. Ensure that the children's right to be heard are respected and
upheld in all matters and procedures affecting their welfare.

VII. PREVENTIVE MEASURES TO ADDRESS ALL FORMS OF CHILD


ABUSE, EXPLOITATION, VIOLENCE, DISCRIMINATION AND
BULLYING

Capacity Building of School Officials, Personnel, Parents, and


Students

The Datu Sailila National High School shall build the capacities of
school officials, personnel, parents and their students or learners to
understand and deal with child abuse, exploitation, violence,
discrimination, and bullying by conducting sessions, trainings, and
seminars on positive peer relationship and enhancement of social and
emotional competence.
They shall include trainings on positive and non-violent discipline in
classroom, anger and stress management and gender sensitivity. They
shall likewise employ means which enhance the skills and pedagogy in
integrating and teaching children's rights in the classroom.
The programs that are intended to promote positive and non-violent
discipline include, but are not limited to, the following:
1. Integration of education sessions on corporal punishment and
positive discipline in the initiatives of the Parent-Teachers-
Community Association (PTCAs);
2. Capacity building programs for school administrators, teachers, and
non-academic personnel focused on children's rights, child
development and positive and non-violent approaches in teaching
and classroom management, to enable them to incorporate positive
discipline messages in parent-teacher conferences and family
counseling, and integrate messages on children's rights and corporal
punishment in classroom discussions;
3. Encouraging and supporting the formation and initiatives of support
groups among teaching and non-teaching staff, parents, and
caregivers;
4. Implementing specific parenting orientation sessions with parents
and caregivers;
5. Implementing school activities or events that raise awareness on
children's rights, corporal punishment and positive discipline,
fostering the active involvement of and providing venues for bringing
together parents, families, and children;
6. Encouraging and supporting student-led initiatives to raise
awareness on children's rights, corporal punishment and positive
discipline; and
7. Setting up child-friendly mechanisms for obtaining children's views
and participation in the formulation, monitoring, and assessment of
school rules and policies related to student discipline.

VII. PROCEDURES

A. Procedures in Handling Child Abuse, Exploitation, Violence, and


Discrimination
A. Prohibited Acts
The following acts are hereby prohibited in all schools, madaris,
and learning centers and shall be penalized in administrative
proceedings as Grave or Simple Misconduct depending on the
gravity of the act and its consequences, under this Policy and other
existing laws, rules, and regulations:
1. Child abuse;
2. Child exploitation;
3. Discrimination, in any form, against children;
4. Violence against children;
5. Use of corporal punishments; and
6. Any analogous or similar acts.

B. Responding to Disclosure from a Child

The following steps are to be taken when receiving a disclosure


from a child:
1 . Listen attentively and let them know that they were right to tell
someone about their worries;
2 Believe in what the child is saying. There is always a grain of
truth in a child's disclosure;
3 Make sure that the child feels safe and knows that they are not to
blame;
4 Explain carefully that you will have to tell someone else about the
abuse or incident;
5 Ask questions that will establish what was done and who did it.
Never ask leading questions and refrain from investigating; and
6 Do not permit personal doubt to prevent you from reporting the
allegation to the designated Child Protection Committee and/or
Coordinator.

C. Investigation and Reporting


The conduct of investigation and reporting of cases of child
abuse, exploitation, violence, and discrimination, shall be done
expeditiously, as herein provided.
1. The School Head through the Schools Division Superintendent,
upon receipt of the Complaint, shall forward the same, within
forty-eight (48) hours, to the Minister being the proper
Disciplining Authority through the Legal and Legislative Liaison
Division, who shall then issue an Order for the conduct of a fact-
finding investigation, not later than seventy-two (72) hours from
submission. These periods shall be strictly observed, except when
justified by circumstances beyond their control.
2. If a complaint is not sufficient in form, the concerned School
Head, Schools Division Superintendent, or the Minister shall
immediately inform the complainant of the requirements of a
formal complaint.
Upon the filing of the formal complaint, the same shall be acted
upon pursuant to the preceding paragraphs.
3. The conduct of a fact-finding investigation shall be based in
accordance with the Bangsamoro Civil Service Code and 2017
RACCS in suppletory manner.
4. Pending investigation, upon referral of the School Principal/Head
or the Guidance Counselor/Teacher, the Local Social Welfare and
Development Officer (LSWDO) of the concerned local government
unit shall assess the child and provide psycho-social intervention
to help the child victim recover from whatever trauma he or she
has experienced as a result of the abuse. The offender shall
likewise undergo psycho-social intervention, if such is warranted.
5. If a prima facie case exists based on the Investigation Report and
the records, a Formal Charge shall be issued by the Disciplining
Authority, which may be the basis for the issuance of an Order of
Preventive Suspension or as an alternative, reassignment of the
offending party, as may be warranted. The respondent may be
placed under preventive suspension pending formal investigation,
for a period of ninety (90) days, if the injury or abuse committed
against a child is so grave, as to render the child unable to attend
his or her classes. The respondent may also be preventively
suspended to preclude the possibility of influencing or
intimidating witnesses.
6. The respondent may file a Motion for Reconsideration with the
Minister or may elevate the same to the Civil Service Commission
by way of an Appeal within fifteen (15) days from receipt thereof.
7. A complaint for education-related sexual harassment as defined
under Resolution No. 01-0940 of the Civil Service Commission,
must be in writing, signed and sworn to by the complainant
following the procedures as provided for by the Commission.
8. The Schools, Madaris, and Learning Centers shall periodically
monitor and keep a record of all reported cases of child abuse,
violence, exploitation, discrimination, and bullying and
consolidate reports to their respective Division Offices.
9. Failure to submit an incident report within the prescribed period,
without justifiable cause, shall be a ground for administrative
action for neglect of duty against the responsible official or
personnel.
10. The office of the MBHTE- Legal and Legislative Liaison Division
shall compile the division reports and submit an annual report to
the Minister.

B. Procedure in Handling Bullying Incidents in Schools, Madaris, or in


Learning Centers

This school shall adopt procedures that include:


a. Immediate Responses
1. The victim or anyone who witnesses or has personal knowledge of
a bullying incident or retaliation shall immediately call the
attention of any school personnel.
2. The school personnel who was notified of a bullying incident or
retaliation shall intervene, by:
I. Stopping the bullying or retaliation immediately;
II. Separating the students/ learners involved;
III. Removing the victim or, in appropriate cases, the bully or offending
student/ learner, from the site;
IV. Ensuring the victim's safety, by:

• Determining and addressing the victim's immediate


safety needs; and

• Ensuring medical attention, if needed, and securing a


medical certificate, in cases of physical injury.
V. Bringing the bully to the Guidance Office or the designated school
personnel.

b. Reporting the Bullying Incident or Retaliation

1. A victim, or anyone who witnesses or has personal knowledge of a


bullying incident or retaliation, or the school personnel who
receives information of a bullying incident or retaliation, shall
report the same to the teacher, guidance coordinator or counselor
or any person designated to handle bullying incidents.
2. The bullying incident or retaliation shall be immediately reported
to the school head. The designated school personnel shall fill up
the Intake Sheet as provided herein. The school head or the
designated school personnel shall inform the parents or guardian
of the victim and the bully about the incident.
3. If an incident of bullying or retaliation involves students/
learners from more than one school, the school that was first
informed of the bullying incident or retaliation shall promptly
notify the appropriate administrator or school head of the other
school so that both schools may take appropriate action.
4. Reports of incidents of bullying or retaliation initiated by persons
who prefer anonymity shall be entertained, and the person who
reported the incident shall be afforded protection from possible
retaliation. Provided, however, that no disciplinary administrative
action shall be taken against an alleged bully or offending
student/ learner solely on the basis of an anonymous report and
without any other evidence or proof.
Fact-finding and Documentation
The person designated to handle bullying incidents shall:
1. Separately interview in private the bully or offending student
or learner and the victim;
2. Determine the levels of threats and develop intervention
strategies. If the bullying incident or retaliation or the
situation requires immediate attention or intervention, or the
level of threat is high, appropriate action shall be taken by the
school, madrasah, or learning center within twenty-four (24)
hours from the time of the incident;
3. Inform the victim and the parents or guardian of the steps to
be taken to prevent any further acts of bullying or retaliation;
and
4. Make appropriate recommendations to the Child Protection
Committee on proper interventions, referrals, and monitoring.
d. Intervention
The Child Protection Committee shall determine the
appropriate intervention programs for the victim and the bully.
The School Head shall ensure that these are provided to them.
e. Referral
The school head or the Child Protection Committee may refer
the victims and the bully to trained professionals outside the
school, madrasah, or learning center, such as social workers,
guidance counselors, psychologists, or child protection
specialists, for further assessment and appropriate intervention
measures, as may be necessary. The school head or the
designated school personnel shall notify the Women and
Children's Protection Desk (WPCD) of the local Philippines
National Police, if he/she believes that appropriate criminal
charges may be Pursued against the bully or offending student.
f. Disciplinary Measures
All school shall include in the school's child protection policy a
range of disciplinary administrative actions that may be taken
against the perpetrator of bullying or retaliation.
Bullying incidents or retaliation shall be treated according to
their nature, gravity or severity and attendant circumstances.

1. The school head, considering the nature, gravity or severity,


previous incidents of bullying or retaliation, and attendant
circumstances, may impose reasonable disciplinary measures
on the bully or offending student/ learner that is
proportionate to the act committed;

2. Written reprimand, community service, suspension, exclusion


or expulsion, in accordance with the existing rules and
regulations of the school or of the MBHTE BARMM for public
schools, may be imposed, if the circumstances warrant the
imposition of such penalty, provided that the requirements of
due process are complied with;

3. In addition to the disciplinary sanction, the bully shall also be


required to undergo an intervention program which shall be
administered or supervised by the school's Child Protection
Committee. The parents of the bully shall be encouraged to
join the intervention program.
g. Due Process
In all cases where a penalty is imposed on the bully or
offending student or learner, the following minimum
requirements of due process shall be necessarily complied with:
a. The student and the parents or guardians shall be informed of
the complaint in writing;
b. The student shall be given the opportunity to answer the
complaint in writing, with the assistance of the parents or
guardian;
c. The decision of the school head shall be in writing, stating the
facts and the reasons for the decision;
d. The decision of the school head may be appealed to the
Division Office; and
e. The decision of the Division Office may be appealed to the
MBHTE- Regional Office.
h. False or Malicious Accusation of Bullying
If the student or learner, after an investigation, is found to
have knowingly made a false or malicious accusation of bullying,
the said student or learner shall be subjected to disciplinary
actions or to appropriate interventions.

c. Reporting Cases of Grave Child Rights Violations

The Monitoring, Referral, and Response System (MRRS) acts as the


monitoring arm for the Children in Armed Conflict (CIAC). Its primary
objective is to protect children in situations of armed conflict by preventing
the occurrence of grave child rights violations and ensuring the provision
of appropriate and timely response in the event of such violations.
The Ministry, as part of the MRRS, is tasked to gather, report, and
monitor incidences of GCRVs and ensure the provision of education
interventions and services to children in armed conflicts.

Reporting Mechanism
A. School heads or any teaching or non-teaching school personnel
who have information on incidents of GCRVs are mandated to
report.
B. All reports must be submitted within twenty-four (24) hours from
the time the incident occurred to the Office of the Minister
through the Legal and Legislative Liaison Division.
C. The report shall indicate the following information:
1. Source Data
a. Name of Reporting Party
b. Agency
2. Event Information
a. Source of information'
b. Date and time of incident
c. Location
d. Number of children affected
e. Names and ages of affected children
f. Name of armed group or forces involved
3. Short description of the incident.

IX. PROTECTION OF CHILDREN-AT-RISK AND CHILDREN IN CONFLICT


WITH THE LAW

Procedure in the Management of Children-at-Risk (CAR)


A. Children at Risk of Committing Criminal Offense
1. Reporting and Gathering of Information
Reporting of children at risk of committing criminal offenses
because of personal, family and social circumstances shall be the
responsibility of any school personnel, teaching and non-
teaching, or any member of the community who has the
knowledge thereof. He or she shall immediately refer the
information to the guidance counselor or guidance teacher. Upon
receipt of such information, the guidance counselor or guidance
teacher shall gather relevant information about the child,
including his/her family background for validation purposes.
2. Profiling and Initial Risk Assessment
Based on the relevant information gathered, the guidance
counselor or guidance teacher shall assess the child at risk.
3. Development of Intervention Plan
Based on the data gathered and risk assessment conducted, the
guidance counselor or guidance teacher shall:
a. Inform the school head/principal about the CAR;
b. Call the parent or guardian for a case conference;
c. Draft an appropriate intervention plan consented to by the
CAR, his/her parent/guardian, including the therein
indicators of SUCŒSS or improvement;
d. Report to the school head/principal the agreed intervention
plan; and
e. When necessary, the Child Protection Committee shall prove
support.
4. Implementation
The school head/principal shall ensure that the intervention plan
made during the case conference shall be implemented.
5. Monitoring
The guidance counselor or guidance teacher shall monitor the
implementation of the intervention plan and the progress of the
CAR based on the agreed indicator of improvement or SUCCESS
as a result of the intervention plan. The guidance counselor or
guidance teacher shall also submit a written report to the
Schools Division Office, through the school head/principal.
6. Termination
The intervention for the CAR shall only be terminated by the
school head/principal UPOn recommendation of the guidance
counselor or guidance teacher.
In all stages of the process, the school head/principal shall be duly
informed of the cases and actions taken involving the Children-at-Risk.

B. Children-at-Risk with Status Offense Violation

When a CAR has violate local ordinances concerning juvenile status


offenses such as, but not limited to, curfew violations, truancy, parental
disobedience, anti-smoking and anti-drinking laws, or has committed
light offenses and misdemeanors against public order or safety such as,
but not limited to, disorderly conduct, public scandal, harassment,
drunkenness, public intoxication, criminal nuisance, vandalism,
gambling, mendicancy, littering, public urination, and trespassing, the
child shall be subjected to the following:
1. Intervention programs, such as counselling, attendance in group
activities for CAR, and for the parents, attendance in parenting
education seminars; and
2. Restorative justice procedure shall be conducted by the Child
Protection Committee acting as Restorative Justice Panel as
follows:
a. Anybody who witnesses or has direct knowledge of the incident
will report to the guidance counselor or guidance teacher or to
a member of the CPC;
b. When appropriate and after consent is given by the victim, the
offender and their respective parents, a Restorative Justice
Panel shall be convened with the member of the LSWDO;
c. Family Group Conferencing shall be conducted by the
Restorative Justice Panel to come up with an agreement. This
is to repair the harm done by the CAR to his/her victim and to
the community and when appropriate, to include the
intervention plan for the offender and the victim; and
d. The Restorative Justice Panel and a member of the LSWDO will
monitor the implementation of the agreement and the
intervention plan.

C. Procedure in Managing Children in Conflict with the Law (CICL)


This procedure shall not cover students who are eighteen (18) years
of age and above and are still in school unless documents are submitted
showing that they are unable to fully take care of themselves or protect
themselves from abuse, neglect, cruelty, exploitation, or discrimination
because of physical or mental disability or condition.

A. Offenses Committed in Schools;


1. When a pupil/student commits a serious offense punishable
under special laws or under the Revised Penal Code, the school
head/principal with the assistance of the guidance counselor or
guidance teacher shall report the case immediately to the law
enforcement officer and refer the case to the LSWDO for
appropriate action.
However, before the referral, the following procedures shall be
strictly observed:
a. Properly identify oneself and present proper identification to
the child;
b. Immediately notify the child's parents or guardians, and the
LSWDO about the incident;
c. Explain to the child, in simple language and in a language or
dialect the child can understand, the reason for the report,
and the referral to the proper authorities; and
d. The notification and transfer of the physical custody of the
child to the parents and LSWDO shall be made immediately.
2. Children above 12 years of age up to 15 years of age who are
exempt from criminal responsibility and who commit a serious
crime, shall be deemed a "neglected child" under Presidential
Decree No. 603, and shall be mandatorily placed in a special
facility within the youth care facility or Bahay Pag-asa called the
Intensive Juvenile Intervention and Support Center.
Serious crimes are limited to the following:
a. Parricide;
b. Murder;
c. Infanticide;
d. Kidnapping and serious illegal detention where the victim is
killed or raped;
e. Robbery with homicide or rape;
f. Destructive arson;
g. Rape;
h. Carnapping where the driver or occupant is killed or raped;
and
i. Offenses under Repubic Act No. 9165 otherwise known as the
Comprehensive Dangerous Drugs Act of 2002, punishable by
more than twelve (12) years of imprisonment.
3. Immediate referral to the LSWDO of the LGU where the offense
was committed or to a MSWDO, in the absence of LSWDO, shall
be made by the school head/principal for cases of children above
12 years up to 15 years of age, who have committed: 1) serious
crimes as above enumerated; 2) reported for repetition of
offenses; and 3) found to be abandoned, neglected or abused by
his/her parents.
4. When the pupil/ student/ learner who are 15 years of age and
below and the offense committed does not fall under the above
enumerated, the Restorative Justice Procedure shall be applied.
5. When the pupil/ student/ learner who commits an offense is
above 15 years but below 18 years of age and there is no
complainant or victim and the parents or guardians do not want
to go through the standard procedures as provided, the
restorative justice procedure may likewise be applied. Provided
further, that a written consent of the victim and the parents or
guardians is submitted to the school head/principal.
6. When an incident involves an offense under RA 9165 otherwise
known as the Comprehensive Dangerous Drugs Act of 2004,
teachers or school employees or anybody who discovers or finds
that any person in the school, madrasah, learning center, or
within its immediate vicinity has violated any provisions under
RA 9165, shall report the incident to the school head/principal or
immediate superior, who shall in turn, report the matter to the
proper authorities.

B. CICL Undergoing Diversion Program


1. If a CICL has been placed under a diversion program pursuant
to RA 9344 or the juvenile Justice and Welfare Act of 2006,
and the diversion plan includes an education component, the
Barangay Child Protection Committee (BCPC) or the Local
Child Protection Committee (LCPC) with the LSWDO and/or
the Division Guidance Supervisor or designated Division
Coordinator shall endorse the child and the diversion plan to
the school, madrasah, or learning center.
2. Upon receipt of the diversion plan, the school head/principal,
guidance counselor or guidance teacher and teacher-adviser
shall hold a meeting with the parents of the CICI- to discuss
how the diversion plan shall be implemented. The principal
shall ensure that the responsibilities of the school, madrasah,
or learning center under the plan are complied with.
3. A report on the implementation of the diversion plan shall be
submitted by the school head/principal to the BCPC or I-CPC,
LSWDO and the SDO through the Division Guidance
Supervisor or designated Division Coordinator for guidance
and counseling.
4. Confidentiality shall be observed in handling reports to avoid
labelling and discrimination of the CICI- in the process.
Moreover, it is the duty of all concerned school personnel and
all those who will come in contact with the CICI- in the school,
madrasah, or learning center to ensure that his/her rights are
always upheld during the implementation of the intervention
plan.

C. CICL in Bahay Pag-asa, Detention, and Other Rehabilitation


Center CICL have the right to education even while in detention.

Agencies operating detention facilities, youth homes, or


rehabilitation shall coordinate with the Schools Division Offices
within its locality, for the provision of education for CICL. Education-
related interventions shall be provided to the CICL whichever is best
suited to the CICL's needs and situation.

D. Former CICL Who are Out of School

Children in conflict with the law have a continued right to


education and may return to school through regular employment or
through Alternative Learning System (ALS) after periods of
confinement. The Division Guidance Supervisor or its designated
Division Coordinator shall facilitate the return of the former CICL to
formal school or enrolment in ALS or other alternative learning
schemes if he or she so desires.

A. INTERVENTION PROGRAMS FOR CHILDREN-AT-RISK AND


CHILDREN IN CONFLICT WITH THE LAW

1. Primary Level Interventions


Primary level interventions include general measures to promote
social justice and equal opportunity, which tackle the perceived root
causes of offending. These shall include programs on advocacy, and socio-
economic, health and nutrition, training and education services which
shall be provided in collaboration with the family and the community
where the child lives.
Intervention and program models are aimed at reducing delinquency
among pupils/students, including learners and out-of-school youth under
the Alternative Learning System (ALS) and Alternative Delivery Mode of the
Ministry. These include strategies which will prevent the development of
the children into adult criminals at the onset and thus reduce crime.
In this regard, the following activities are geared toward information
and prevention campaigns against violence and risky behavior which also
integrate the primary interventions provided in the Comprehensive
National Juvenile Intervention Program:
A. Youth Formation Development (YFD) Programs which shall engage
young people in proactive and constructive activities geared towards
developing their strengths and character;
B. Parent-Child Integration Program which allows family encounter and
bonding. Parents are led to be more involved in their children's
schooling in the process;
C. School-wide behavior management program using positive discipline
and non-violent approach to student discipline concerns;
D. Value formation activities and life skills training for the children;
E. Health services; and
F. Seminars, workshops, and trainings that promote awareness on the
illeffects of risky behavior, that enhance parent effectiveness skills,
that develop coping or adjustment skills among children/youth and
that explore venues that provide for home-school-community
collaboration to achieve the goal of the primary intervention.

2. Secondary Level Interventions


A. Secondary level interventions are preventive and protective in
nature. These are strategies that assist the child identified as at risk
to prevent him/her from committing an offense. Interventions are
needs-specific and age-appropriate to the CAR, which will lead the
child back to his/her expected development course. Active
involvement of the family, including the community, is essential at
this level to ensure better results.
B. The initial identification of CAR shall be conducted by the guidance
counselor or guidance teacher and come up with the profile of the
pupil/student. However, where appropriate, the child shall be
referred to the proper government agency or non-government
organization where a psychologist, psychiatrist, or social worker may
conduct professional assessment.
C. The recommended intervention plan developed by the guidance
counselor or guidance teacher, in cooperation with the school's Child
Protection Committee and other stakeholders, should be responsive
to the needs of the child and based on individual assessment. It
includes, but shall not be limited to, the following:
1. Guidance counselling;
2. peer counselling;
3. Behavior Management Program, such as anger
management and conflict resolution;
4. Parenting skills training or parent effectiveness seminar;
5. Home visitation service;
6. Mentoring program;
7. After-school activities, such as remedial classes, and
extra-curricular activities;
8. Referral of children with special needs to other service-
providers such as MSWD, Child Protection Unit, NGOs;
and
9. Other interventions which may be provided by the local
government in cases of violation of the local ordinances.
D. In addition, the CAR and his or her family may be referred to I-GU
and NGO service-providers to allow them to participate in and
access the following secondary interventions:
1. Youth organization, Faith-based Organization, and
Children Association/ Federation;
2. Psychosocial intervention such as group/individual
sessions by the social worker with CAR;
3. Involvement of former CICI- in self-help groups as
advocates;
4. Family therapy for the family of CAR;
5. Programs involving foster families;
6. Special Drug Education Centers;
7. Family Drug Abuse Prevention Program; and
8. Birth Registration in barangays.

3. Tertiary Level Interventions


A. Tertiary level interventions are remedial in nature and are specifically
focused on the CICL. These interventions aim to repair the damage
created as a result of his or her offense, restore the child's wellbeing,
and prevent re-offending.
B. Interventions at the tertiary level are necessary to respond to
circumstances where a child is at serious risk of or is being abused,
exploited, neglected, or harmed in any way. These include measures
to avoid unnecessary contact with he formal justice system and other
measures to prevent re-offending, such as: diversion programs,
rehabilitation, reintegration, and aftercare services.
C. The LSWDO will conduct an assessment to develop the specific
intervention plan for the CICL. The school head and the guidance
counselor or guidance teacher shall ensure the strict implementation
of the education component of the individualized intervention plan
prepared for the CICL. Likewise, the school shall at all times
guarantee that education is provided and available for CICL through
various learning schemes such as, but are not limited to:
1. Alternative Learning System (ALS);
2. Alternative Delivery Mode (ADM);
3. Open High School Program (OHSP);
4. Home Study Program;
5. Distance Education Program;
6. Accreditation and Equivalency Program;
7. Flexible Learning Option; and
8. Modified In-School Off-School Approach.

X. PROTECTION OF CHILDREN IN ARMED CONFLICT

1. Grave Child Rights Violations (GCRV)


Grave child rights violations (GCRV) are offenses committed against
children that constitute flagrant violations of their human rights and have
severe consequences in their lives. These offenses include the following:
A. Killing of Children — Killing includes any action that results to
the death of one or more children. It may also refer to acts of all
kinds in the context of armed conflict that result in the death of
one or more children. Among others, they include the death of
children as a result of direct targeting or as the indirect result of,
among others, the use of landmines, cluster munitions, and all
forms and types of improvised explosive device OED).
B. Maiming of Children — Includes any action that results to
permanent or debilitating injury, defacing, scarring, and
mutilation to one or more children. It shall cover intentional
maiming of children where they are directly targeted, and casual
maiming of children as the indirect result of, among others, the
use of landmines, cluster munitions, and all forms and types of
IED.
C. Recruitment and Use of Children — Recruitment includes acts of
voluntary, compulsory, or forced conscription or enlistment to
any armed force or armed group. The use of children in the
context of armed conflict includes the use of minors in any
capacity, such as, but not limited to: fighters, cooks, porters,
messengers, sexual slaves, or spies. This violation also includes
cases of "labelling" or "associating" a child with an armed group
or force.
D. Rape and Grave Sexual Violence of Children — This violation
includes acts of sexual violence such as rape, enforced
sterilization, forced prostitution, forced marriage, or pregnancy,
as well as sexual slavery. Rape refers to the crime of rape as
defined in the Revised Penal Code.
E. Abduction of Children — This refers to the unlawful seizure,
apprehension, taking in custody, detention or capture of one or
more children either temporarily or permanently by force, threat
of force or coercion, or deception for the purpose of any form of
exploitation of such children in the situation of armed conflict.
Abduction includes kidnapping, hostage-taking, illegal detention,
of any child in the context of armed conflict.
F. Denial of Humanitarian Access — This refers to the intentional
barring by physical force or administrative barriers of
humanitarian aid, supplies, services, and personnel, into and out
of an affected area.

XI. CHILD ONLINE PROTECTION

This policy shall also apply online. The Kaya-Kaya Elementary


School shall be utilizing the internet as a medium for their learning
sessions and shall also formulate their own Student Code of Conduct
consistent with this policy.

1. JURISDICTION

1.1. Exclusive Jurisdiction of the Ministry


Complaints of all forms of child abuse, exploitation, violence,
discrimination, and bullying shall be within the exclusive jurisdiction of
the Ministry through the school as the case may be, and shall not be
brought for amicable settlement before the Barangay, subject to existing
laws, rules and regulations. Complaints for acts covered by other laws
shall be referred to the appropriate authorities.
2. RECORDING
The data on the number of cases of child abuse, exploitation,
violence, discrimination, and bullying and the action/s taken by the
schools shall be recorded and properly documented consistent with this
Policy and guidelines. Detailed information of all the procedures and
actions taken such as intervention programs shall be faithfully and
accurately recorded for the purpose of ensuring the correct application of
the provisions of the law, rules, and regulations.

3. REPORTING

The following system of reporting shall be observed:


A. All proceedings in handling cases of child abuse, exploitation,
violence, discrimination, and bullying recorded by the school shall
be reported by the school head/principal to their respective Schools
Division Office on a quarterly basis. This shall also include cases
involving CAR and CICI- in schools.
B. The consolidated reports of the school within the specific School
Year shall be submitted and submit it to the higher office.
C. An annual report of recoded cases of child abuse, exploitation,
violence, discrimination and bullying as well as cases of CAR and
CICI- in school shall be prepared by the Legal and Legislative Liaison
Division to be submitted to the Office of the Minister.

 Immunity for those Reporting Any Form of Child Abuse, Violence,


Exploitation, Discrimination, and Bullying

Any person who, acting in good faith, reports a case or incident of


any form of child abuse, violence, exploitation, discrimination, or bullying
shall be free from any administrative liability arising therefrom. There shall
be a presumption that any such person is acting in good faith in the
absence of any proof to the contrary thereof.

REFERRAL AND ASSESSMENT OF VICTIMS, OFFENDERS, AND OTHER


CHILDREN

Referral and Assessment


In all recorded cases of all forms of child abuse, exploitation,
violence, discrimination, and bullying, the school through its Child
Protection Committee shall accomplish a detailed report of the incident.
The same shall be used and may refer the victims and offenders to the
LSWDO for assessment. The LSWDO shall determine the appropriate
intervention.

The School Head/Principal, with the aid of the assigned or


designated guidance counselor or guidance teacher, and in coordination
with the LSWDO, shall immediately remove the victim, or in appropriate
cases the offender, from the place of the incident, if the victim is
determined to be at risk. The child's family shall be informed of any action
taken.

The School head/Principal may also refer to the LSWDO other


pupils, students or learners who are victims of abuse at home, children at
risk, children in conflict with the law, children with special needs, or those
who are exhibiting signs of aggressive behavior, with a view of obtaining
professional assessment, appropriate interventions and assistance from
competent service providers or authorities.

 CONFIDENTIALITY OF RECORDS

The status of all recorded cases of child abuse, exploitation, violence,


discrimination, and bullying as well as cases of CAR and CICL in schools
shall be kept highly confidential. Records in school shall be solely under
the custody of the guidance counselor or guidance teacher and shall only
be released upon the expressed written consent of the child and his or her
parents or guardian or through a duly issued court order consistent with
the provisions of the Data Privacy Act.

Unauthorized disclosure of the confidential records of recorded cases


shall constitute an administrative offense and shall be dealt with
accordingly.

XII. CRIMINAL, CIVIL, AND ADMINISTRATIVE LIABILITY

Any criminal or civil liability arising from all forms of child abuse,
exploitation, violence, discrimination, and bullying are separate and
distinct, and shall not be a bar to the filing of an administrative case under
this Policy and guidelines.

XIII. MISCELLANEOUS PROVISIONS

1. Separability Clause
Any part or provision of this Policy which may be held invalid or
unconstitutional shall not affect the validity and effectivity of the other
provisions. The following shall be adopted and executory inside and
outside the school;
1. The school shall organize a “School Committee on Children Protection
(SCCP”.
2. The School Committee on School Committee on Children Protection
(SCCP, School PTA/BOD/SGC Officers, School Guidance Counselor
and School Head shall work together to ensure the comprehensive
compliance and implementation of this school’s policy.
3. This school shall be responsible for proper dissemination of this policy
in different means such that but not limited to; informing of parents
and other stakeholders of the school through/during PTA meeting,
provision of tarpaulin to always aware and to apprehend the public as
well as teachers, students and parents/guardians of the policy.
4. The school and SCCP members shall be held responsible to ensure the
efficient and effective implementation, compliance and adoption as
well as monitoring of the policy execution.
5. Upon receiving of the report/complain on the case of violence in any
type, the stated committee members and other responsible persons
shall be committed to respond to the case, properly investigate and
immediately act in order to address the same.
6. A student/person committed the case of violence against the school-
children shall be undergone with counseling for less serious acts and
liable for any determined results of an act of violence to the aggrieved
individual/student.
7. Any form of violence from its various types will be considered an
offense in which corresponding sanctions are also established to
further strengthen the barriers that would prevent the existence of the
same unwilling acts between all students and other individual in the
school.
8. Any solution/alternative sought by the responsible and authorized
persons shall be guided by DepED Order No. 40, s. 2012, Republic
Acts and memorandum orders of the Department/Ministry.
9. This policy is immediately being effective upon approval of School
PTA/BOD/SGC President with the signature of Teacher In-charge.
10. Further, this policy shall remain effective until
amendments/revision will be provided and approved.
XIV. EFFECTIVITY

This Child Protection Policy shall take effect immediately upon


issuance and approval of the SCPP Committee members.

We hereby certify to the correctness of this School Child Protection


Policy and be it remains effective and subsisting until further amendment.
Done this ____________ day of ____________ 20 _______ at Durian Elementary
School, Datu Abdullah Sangki District, Maguindanao-I Division.

Prepared by:

WADIE A. ABDULKARIM
School Head/GPTCA Adviser

ABDUL U. LATIP BOTS G. LINDONGAN


GPTCA President SGC/BOD President

BENSAUDI M ABAD SADIE T. LINDONGAN


SPG President BLGU Representative

RAMAYTHA BATUWA EBRAHIM U. CANDADO


RHU Representative Religious Sector Representative

AL-FARED E. KAMAMA ASMAIRA T. MANGGAN


SDRRM Coordinator School Guidance Counselor

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