CHILDREN 15 YEARS OLD AND BELOW

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Immediately proceed to and be present in the initial investigation Actively assist in the conducting the initial investigation Witness the signing of statement by the child and affix signature to the said document

Child commits a crime

LEO takes custody of the Child*

Assist the law enforcement officer in determining the age of the child
Determine the appropriate intervention and prevention program in consultation with the child and person having custody over the child Prepare case study report of the child

* a. LEO identifies himself b. LEO explains to Child: 1. reasons for arrest 2. nature of offense 3. constitutional rights c. LEO determines age of child

d. LEO within 8 hrs after apprehension, notifies: 1. Parents/Guradian 2. LSWDO 3. PAO e. LEO takes the Child to mental and Health office for Physical and mental examination

15 YEARS OLD AND BELOW

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Is Parent/ Guardian Available?
NO YES

Child commits a crime

Is the safety of the Child in danger?

NO

YES

Encourage temporary Custody

LEO takes custody of the Child*

a. Duly Registered NonGovernment Organization b. Faith Based Organization c. Barangay Officer d. A member of the BCPC e. An LSWDO f. DSWD

LSWDO refers Child to: ** a,b,c,d,e,f

LEO releases the Child to Parents/Guardian

LSWDO files Petition For Involuntary Commitment

If yes, encourage the parent of guardian of the child to request for temporary custody If parents or guardian does not agree, LSWDO shall carefully review the case of the child and file petition for involuntary commitment

Child is committed to Youth Home, Rehab NGO, Gov't Facility

The LSWDO shall assess if the safety of the child is in danger in view of the offense committed

15 YEARS OLD AND BELOW

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Is Parent/ Guardian Available?
NO YES

Child commits a crime

Is the safety of the Child in danger?

NO

YES

Encourage temporary Custody

LEO takes custody of the Child*

LSWDO refers Child to: ** a,b,c,d,e,f

LEO releases the Child to Parents/Guardian

LSWDO files Petition For Involuntary Commitment

LSWDO shall monitor the compliance of the child and his/her parents/guardian to the intervention and prevention program

Is Child neglected, abandoned, abused?

NO

YES

Child is committed to Youth Home, Rehab NGO, Gov't Facility

END

Child is reintegrated to Family & Community

Child undergoes Intervention Program

If the child and his/her parent guardian fails to comply with the intervention program, the LSWDO may file petition for involuntary commitment

CHILDREN ABOVE 15 YEARS OLD WITHOUT DISCERNMENT

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Child commits a crime

LEO takes custody of the Child*

Receive physical custody of the child Explain to the child and the childs parents/guardians the consequences of the childs act Conduct assessment if child acted with or without discernment within seven (7) days

LEO turns over the child to LSWDO within 8 hrs. after apprehension LSWDO submits to LEO initial determination of Discernment

Release the child to the custody of parents or guardians if found to act without discernment

WITHOUT DISCERNMENT

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Is Parent/ Guardian Available?
YES

Child commits a crime

Is the safety of the Child in danger?

YES

Encourage temporary Custody

LEO takes custody of the Child*

NO

NO

LSWDO refers Child to: ** a,b,c,d,e,f

LEO releases the Child to Parents/Guardian

LSWDO files Petition For Involuntary Commitment

LEO turns over the child to LSWDO within 8 hrs. after apprehension LSWDO submits to LEO initial determination of Discernment Is Child neglected, abandoned, abused?
NO YES

Child is committed to Youth Home, Rehab NGO, Gov't Facility

END

Child is reintegrated to Family & Community

Child undergoes Intervention Program

CHILDREN ABOVE 15 YEARS OLD WITH DISCERNMENT

Child commits a crime LEO takes custody of the Child* LEO turns over the child to LSWDO within 8 hrs. after apprehension LSWDO submits to LEO initial determination of Discernment

START

LEO refers case to Prosecutor for preliminary Investigation

YES

Is imposable penalty more than 6 years?

NO

END

Child is reintegrated to family & community

YES

LSWDO certifies the failure of diversion

Diversion successful?

Diversion conducted by LEO, BCPC or Social Worker (Victimless)

NO

Refer case to Prosecutor for preliminary Investigation

Meet with the child and his/her parents or guardians for the development of appropriate diversion and rehabilitation program Conducts diversion for victimless crimes Assist in the conduct of diversion at the level of LEO Develop appropriate diversion program Supervise the conduct of diversion

IMPOSABLE PENALTY FOR THE CRIME COMMITTED IS MORE THAN 12 YEARS IMPRISONMENT

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Child commits a crime

LEO takes custody of the Child *

LEO turns over child to LSWDO w/in 8 hrs. after apprehension

LSWDO submits to LEO initial determination of Discernment

END

Case filed in Court

LEO refers case to Prosecutor for preliminary Investigation