Community Based Diversion and Prevention Programme for Children

8/2/2019 Community Based Diversion and Prevention Programme for Children

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Community BasedDiversion and

Prevention Programmefor Children in

Conflict with the Law


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DEFINITION OF TERM1. RESTORATIVE JUSTICE

refers to a principle which requires a process of resolving conflictswith the maximum involvement of the victim offender and the community. Itseeks to obtain reparation for the victim; reconciliation of the offender, theoffended and the community; and reassurance to the offender that he/she canbe reintegrated into society. It also enhances public safety by activating theoffender, the victim and the community in prevention strategies.

2.DIVERSIONrefers to an alternative, child-appropriate process of determining the

responsible and treatment of a child in conflict with the law on the basic ofhis/her social, cultural, economic, psychological or educational backgroundwithout resorting to formal court proceedings.

refers to the program that the child in conflict with the law is requiredto undergo after his/her is found responsible for an offense without resortingto formal court proceedings.

3. INTERVENTIONrefers 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.


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Who Implements Diversion1. KATARUNGANG PAMBARANGAY LEVEL

Diversion prior to entry to the criminal justice system A child o conflict with law may undergo diversion proceedings outside the

criminal justice system when his/her case is referred to the barangay through theLupon Tagapamayapa.

Who conducts and assists

Diversion at the Katarungang Pambarangay level shall be conducted by theLupon Tagapamayapa, chaired by the Punong Barangay, with the assistance of themembers of the BCPC, as provided in Section 23 (a) of the Act.

Nature of proceedings; participants The Punong Barangay shall conduct mediation, family conferencing and

conciliation and, where appropriate, adopt indigenous modes of conflict resolutionwith a view to accomplishing the objectives of restorative, justice and theformulation of a diversion program.

The child and his/her family shall be present in the conduct of thesediversion proceedings. The absence of the offended party in the diversionproceedings or his/her disagreement in its conduct shall not prevent the proceedingsfrom being conducted. The Punong Barangay shall, however, endeavor to obtain the

participation and the consent of the offended party in the formulation of thediversion program.


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2. LAW ENFORCEMENT LEVEL

Dutyof the law enforcement officer when there is no diversion

Pursuant to Section 23 of the Act, theenforcement officer handling the case shall forward

the records of the case to the prosecutor or judgewhen the case involves an offense with an imposablepenalty of more than six (6) years imprisonment; or

the child or the childs parents/ guardian does notconsent to a diversion. The case records shall beforwarded within three (3) days from determinationof absence of jurisdiction or termination of thediversion proceeding as above stated. The prosecutoror judge to whom the records are referred shallconduct the preliminary investigation and determinewhether or not the child should remain under custodyand correspondingly charge in court.


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THE LEVEL OF THE LSWDO IN CASE OF VICTIMLESS CRIMES

When diversion is conducted at the LSWDO level

Diversion shall be conducted at the level of the LSWDO when

after the conduct of initial investigation, the law enforcement officerdetermines that the child is above 15 but below 18 years of age, actedwith discernment and allegedly committed a victimless crime where theimposable penalty is not is not more than six (6) years of imprisonment, asprovided under Rule 26 (2)(b).

Nature of proceedingsThe LSWDO shall meet with the child and his/her parents or

guardians for the development of the appropriate diversion andrehabilitation program, in coordination with the BCPC.

3. THE COURT LEVEL/PROSECUTOR

Where the imposable penalty for the crime committed exceedssix (6) years imprisonment, diversion measure may be resorted to only bythe court and will proceed in accordance with the SC Rules on Juvenilesin Conflict with the Law.


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Diversion proceedingsDuties of the authority conducting diversion

proceedings

The authority conducting diversion proceedings shall:1. Explain to the child and his/her family the objective of the diversion

proceedings, the value of diversion and the consequence of not undergoingdiversion.

2. Ask the child of the circumstance of the offense, the motives or purpose of theoffense and the factors that led the child to commit the offense.

3. Ask the child of his/her personal circumstance including his/her parents andfamily, his/her peers and educational status.

4. Make the child in conflict with the law understand the consequences of his/heraction and the corresponding responsibilities.

5. Ensure that the child understands and realizes his/her accountability, beremorseful of his/her actions and takes on the responsibility in repairing theharm done in lieu of filing a formal case in the court.

The authority conducting the diversion proceedings shall also determine ifdiversion is appropriate and desirable based on the factors provided in the next Rule.Upon a finding that diversion is not applicable, the authority handling the diversionproceedings shall issue the corresponding document certifying to such fact and shall

file the case according to the regular process.

4 THE CHILDRENS JUSTICE COMMITTEE


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4. THE CHILDRENS JUSTICE COMMITTEE The Childrens Justice Committee (CJC) is a group of trained

persons who handle cases of child offenders qualified to pass thediversion programme. In the community-based diversion programme,mediation is the most common strategy used by CJCs to divert thecase of young offenders.

The CJC is tasked with the following roles and functions:

Work for the possible settlement, reconciliation and mediation of reportedcases involving child offenders;

Recommend appropriate psychosocial interventions and other necessaryassistance to the diverted CICL;

Plan and implement activities for children to prevent offending andre-offending;

Act as a permanent committee member of the Barangay Council for theProtection of Children (BCPC);

Coordinate with other BCPC committee in addressing the intellectual,physical and moral growth of children; and

Submit report to the BCPC chairperson relative to the performance of thediversion programme.


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Composition of the Childrens Justice Committee

The CJC is headed by two members of the LupongTagapamayapa (Village Justice Committee) who acts as theChairperson and Co-Chairperson. Other members are thefollowing: a Barangay Councilor, the Barangay Secretary, theGender and Development (GAD) Project Officer/Focal PointPerson, the Sanggunian Kabataan (SK or Youth CouncilChairperson), the Chief Barangay Tanod (Village Sentinels),the Community Volunteers represented by their Leader, the

Peer Educators, and the duly- accredited NGO. To maximizeexisting mechanisms and the different services provided bythe local government, the CJC should also involve theWomen and Children Protection Desk (WCPD) PoliceOfficer, the nearest School Guidance Counselor and theassigned Department of Social Welfare and Service

(DSWS) Social Worker in the community. ( Figure 1 showsthe composition of the CJC within a typical BCPC structure).


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Sample BCPC Structure

Barangay Captain

FamilyLifeEnrichment

Council Members

Health andSanitation

Youth andSports

Development

SpecialCategories for

Children

Finance and

Social Mobilization

Early ChildCare and

Development

Education,Guidance and

Counseling

Policy

Advocacy

Childrens Justice Committee

Chairperson Lupon Member

Co-Chairperson Lupon Member

MEMBERSWCPD/Police Barangay Councilor SK ChairpersonBarangay Secretary School Guidance Councilor Social Worker

GAD Officers Community Volunteers Chief Barangay TanodPeer Educators NGO

E E E E


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5. THE COMMUNITY- BASED DIVERSION PROCESSThe process of community-based diversion generally come

in six(6) stages in this particular order: (1) Arrest or apprehensionof a child offender; (2) Interview and case profiling or intaking;

(3) Provision of information and discussion of the diversionprogramme; (4) Mediation; (5) Preparation of the settlementagreement and execution of diversion activities, and(6) Rehabilitation and reintegration. Community-based preventionof child offending and reoffending is a continuing process. Hence,it cuts across the entire process of the community-based diversion

work. Figure 2 presents the process flow of community-baseddiversion.

STAGE 1 : ARREST OR APPREHENSION

Generally, the first stage of the process involves thearrest or apprehension of the offending child. There are at least

three common modes of initial contract between the CICL and thepillars of justice particularly the law enforcers and these are thefollowing:


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Process Flow of Community-Based Diversion and Prevention of Offending

Other CJC membersexplain diversion andprocess of mediationto the complainant

Arrest

Interview explains diversionand process of

mediation to the childparents

Interview/Case Profiling

CJC Chair/Co-Chair conducts mediation

NO SETTLEMENT

SETTLEMENT

Preparation of the Settlement Agreement/Covenant

Execution of Diversion Activities/Programme

Rehabilitation

Reintegration

Family/Community Residential Care

Community-Based Preventionof Offending

Filing of case in the propercourt

15 daysCooling-off

period

Conductanotherround ofmediation

Community-Based Prevention


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Apprehension is made by either a member of the Barangay Tanod, the

police from nearby precincts or any ordinary citizen undercommitting a crime or about to commit a crime. The apprehensionor arrest follows stringent guidelines to protect the apprehended

child from any form of abuse or harm.

Invitation (synonymous to summons generally applied to offences or

disputes involving adults) from the Childrens Justice Committee

facilitated by a Barangay Tanodor a community volunteer is handedover to the child offender and the parents or legal guardian. Inmost cases, this manner of inviting a respondent CICL involves acomplaint or victim who reported the crime.

Turnover to or redemption temporary shelters such as the Community Scouts

Rehabilitation and Youth Guidance Center (Community Scouts)happens when a CICL is apprehended by police operatives or by-inhouse security agents of business establishments (e.g. forshoplifting) and diverted. Members of the CJC redeem theiroffending children upon the report of these shelters and another

round of diversion process is undertaken at their level.

STA 2 : INT RVI WIN AN CAS -


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STA 2 : INT RVI WIN AN CASPROFILING/INTAKING

As soon as the CICL is brought to the custody ofthe CJC or the Barangay Captain, interviewing and caseprofiling commences. At this stage, the child is askedabout basic information pertaining to his/her personalcircumstance such as his/her family, the nature andcircumstance of the offense and the problems or harmdone because of the offense. A designated CJCmember, either the Barangay Secretary or the GAD

Project Officer/Focal Point Person, documents the factusing the CJC Intake Sheet as shown in Appendix 2.This form is then turned-over to the CJC Chair or toother mediators as soon as the case profiling/intaking iscompleted Guidelines for a child- friendly interview

should be established for the use of any CJC memberdesignated to taken information from the CICL. This isto ensure that the interview observes utmostconfidentiality of information and that the interview iddone in the presence of the childs parents or legalguardian, a social worker, or any responsible person inthe community close to or appointed by the child.

STAGE 3 : INFORMATION AND DISCUSSION OF DIVERSION


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STAGE 3 : INFORMATION AND DISCUSSION OF DIVERSIONPROGRAMME

The CJC Chair discusses the community-baseddiversion programme the process of mediation, the

different diversionary options and their benefits to therespondent CICL and the parents or the legal guardian.The CJC Chair also asks the consent of the offender andthe parents to undergo diversion. This preliminary activityshould be done separately either before or after meeting

the meeting the complainant. In the same manner, othermembers of the CJC mediating team talks to thecomplainant regarding the process and benefits ofdiversion, and the subsequent responsibilities of thediverted child offender. This is also the procedure in

securing the informed consent of the complainant on theproposed diversion programme the respondent wouldundertake. These activities serve as requisite procedurebefore the actual mediation taken place.


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STAGE 4: MEDIATION PROPER

The act of mediation is the fourthstage of the diversion process. This is

the main substance of the diversionprogramme, that is, to resolve the

conflict or settle the harm done by thechild offender to the victim and thecommunity. During the mediation process.

The CJC Chair or Co-Chair shallundertake the following:

1 Ask the offending child of the circumstance of the crime the


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1. Ask the offending child of the circumstance of the crime themotives or purpose of the offense and the factors that led thechild to commit the offense;

2. Ask the same of his/her personal circumstance includinghis/her actions and parents and family , his/her peers andeducational status;

3. Make the CICL understands the consequences of his/heractions and the corresponding responsibilities;

4. Ensure that the child understands and realize his/heraccountability, be remorseful of his/her actions and takes onthe responsibility in repairing the harm done in lieu of filing aformal case in the court;

5. Explain to the complainant the benefits of forgiveness anddiversion, and the need to reform the child within the auspicesof the community instead of detention centers orrehabilitation institutions once the child express remorse anda willingness or ask for forgiveness from the complainant.

Th CJC di t h ll l d t k th f ll i


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The CJC mediator shall also undertake the following:1. Negotiate and persuade the complainant to settle the matter at the

community level; and

2. Assure the same that the CJC will custody of reforming and monitoring the childthrough various diversion and reparative activities.

The CJC mediators should exhaust all means to arrive at a settlement and this includesrelentlessly convincing the complainant to eventually agree to the diversion process. If thecomplainant is not amenable to settling the case, not satisfied of the mediation process ordoes not see any positive consequences of the proposed diversion, a fifteen-day cooling off isenforced under the Katarungang Pambaranagy or Village Justice System. The mediationprocess is suspended to cooldown both parties and reconvened as soon as the prescribedtime lapses.

In case where the child offender has committed offenses beyond the case eligibilitycriteria of diversion or has committed the offense for the third time and has become arecidivist, the case is automatically forwarded to the police for the filing of case in court.

The key to a successful mediation is when the offending child asks for forgiveness or

signifies remorse of his/her action, agree to repair the harm done, and restores the damagescondition of the victim. These actions should be done in the presence of the complainant (ifapplicable) who would sit in the mediation conference together with the offenders parents andother CJC members. On the other side of the equation is the forgiving and amenable victim.Only then could the mediation process prosper, a settlement agreement be reached anddiversion programme/activities be possible.

The CJC has to institute rules and guidelines that should be followed during the

mediation process to protect the child from coercion, intimidation, harm , abuse or otheraction detrimental to the child. Such guidelines should also ensure that child understands theentire mediator process in which he/she is involved.

STAGE 5 : SETTLEMENT AGREEMENT


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STAGE 5 : SETTLEMENT AGREEMENTPREPARATION AND EXECUTION OF DIVERSION

PROGRAMME/ACTIVITIES

Preparing the settlement agreementand execution of diversion programme/activities are the consequent stage of themediation process. At this stage, the CJC

mediator facilitates the conditions of thesettlement agreement and the diversionprogramme/activities the CICL has toundergo subject to his/her consent and that

of, the parents or guardian and thecomplainant victim. The establishment of thesettlement agreement is administrated by themediator using the Kasabutan (Covenant) Formshown in Appendix 3.

Th f ll i l t tit t th t f


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The following elements constitute the covenant form:

The child offender indicates his/her pledge not to reoffendand to perform particular actions as reparative measures to

restore the harm done brought about by the crime committed. This shall come after the complainant/victim specifies certain

preconditions for pardon, which shall be spelled out in the formduly signed by the same. The CJC must seek the victimsconsent on the proposed manner of restoring the harm done

before the offender is forgiven, the case settle and diversionprocess to proceed.

In cases of offenses without a complainant, the arrestingofficer may prescribe the conditionality for pardon, which maycome in the form of a stern warning.

Lastly, the parents also participate in restoring the harm doneby pledging to attend to the needs of the erring child to arrestthe possibility of reoffending.

An important section in the agreement is the


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An important section in the agreement is thelisting of obligations and responsibilities that theCICL shall undertake in the diversion process.

With the consent of different stakeholders- thechild, the parents, the victim, and the arrestingofficer the CJC mediator proposes a number ofdiversion activities commensurate to the crime

committed. The CJC mediator then explains to thedifferent stakeholders that diversion programmeis aimed at resorting impaired relationships andreforming the life of a child offender withoutresorting to incarceration. The execution of thedifferent diversion programme/ activities, whichthe CICL has to undergo, facilitated by the CJCmediating team and monitored by the assignedcommunity volunteer/s.

The CJC mediators knowledge of an


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The CJC mediator s knowledge of anexposure to the different approaches indiversion as well as the deep understanding ofthe psychodynamics of the child offender areimportant to the success of the community-baseddiversion programme.

It is important for stakeholders of theprogramme the CJC members, communityvolunteers, peer educators, barangay officials,parents or legal guardians, the social worker, andother groups or persons involved in the diversion

programme to properly delineate their roles andfunctions in assisting the child in complying tothe settlement agreement and in going throughthe entire process of reparation andrectification.

STAGE 6: REHABILITATION AND REINTEGRATION


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STAGE 6: REHABILITATION AND REINTEGRATION

although this is the last stage of the entire diversion process, it isalso the beginning of a much bigger and broader process of restoring thelife and self-worth of a child offender. Rehabilitation is the process

wherein the childs negative behavior and attitude into something positiveand acceptable to the community. Rehabilitation is integral to the processof reintegration. Reintegration, on the other hand, is the process, whichpromotes or facilitates the acceptance of the communitys wounds that wasinflicted on them by the offense. Creating a culture of social acceptanceand inclusion on the part of the community is another big task of barangayofficials for the reintegration of diverted CICL to work. In the process,

reintegration could also could be the venue for rehabilitating the childoffender.

To rehabilitate a diverted CICL, the CJC undertakes variouspsychosocial interventions such as, but not limited to, case monitoring,follow-up and continuous counselling, peers education, values formation, andformal educational assistance. These psychosocial interventions facilitate

the necessary behavior change of the diverted child from a life ofmisconduct and offending towards becoming a productive citizen in thecommunity. Such interventions should be customized depending on theparticular need of the diverted CICL and the preparedness of the family.

The reintegration process, through other forms of


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g p , g f fpsychosocial interventions facilitated by the CJC, aims to bring theoffending child back into the community to a life of normalcy andsocial acceptance, and where childrens rights and welfare areprotected and upheld. Depending on the availability of resources andopportunities in the barangay, reintegration activities include, butare not limited to, socio-civic activities such as cleanliness drives,community service endeavors, sports development activities, fun andgames, music and entertainment, vocational training and livelihoodskills development, and functional literacy, among other.

Rehabilitation and reintegration activities are best conductedin the family community continuum for a offending child to rectify

his/her negative behavior towards a productive and independent lifelater on. However, if the circumstances of the child do not permitplacing him/her back to the community, residential care shall beconsidered an option for include the following:1 ) Parents are noteconomically and emotionally prepared to accept the diverted child

;or 2) The victim is either a member of the family or a nearbyneighbor who may have the propensity to perform violent actsdetrimental to the childs rehabilitation and reintegration.

COMMUNITY-BASED PREVENTION OF OFFENDING


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COMMUNITY BASED PREVENTION OF OFFENDING

> Community - based prevention of child offending,which is essentially community education activities, as a

strategy complements the rehabilitation andreintegration process of diverted CICL. Community-based prevention of offending cuts across the differentstages of the community-based diversion work as it is anongoing process. These prevention activities intend to

minimize the commission of offenses by potential andactual CICL and their eventual arrest by law enforcers.The community-based education sessions shallconscienticise and educate parents or legal guardians andcommunity members to support the prevention ofprevious CICL from reoffending. To improve parentingroles and to guide their children away from offending,parents and community members should be made awareand educated about their parental responsibilities and

the rights of their children.

5. GUIDELINES FOR IMPLEMENTING THE COMMUNITY- BASEDDIVERSION PROGRAMME


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DIVERSION PROGRAMME

This section provides guidelines for

programme actors and other implementers ofcommunity-based diversion and prevention of childoffending programmes. This set of guidelinespartly applies to persons in authority andcommunity members who are involved in lawenforcement and prevention of child offending.These guidelines are divided into eight(8) parts,which are as follow: (1) Handling apprehension orinvitation of the CICL; (2) Interviewing and caseprofiling; (3) Arranging and conducting themediation process; (4) Arranging and conducting

post-mediation diversion activities; (5) Monitoringand follow-up; (6) Undertaking rehabilitation andreintegration programmes/ activities; (7)Prevention of offending and reoffending; and(8) Capacity-building of stakeholders and other

actors.

HANDLING APPREHENSION OR


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INVITATION1. The Barangay Tanod, the police, any other arresting officer, or a

private citizen should identify himself/herself and present properidentification to the child offender.

2. The arresting officer or private citizen shall inform the child of thereason of such arrest or invitation and advise the child of his/herconstitutional rights in a language or dialect understandable tohim/her. The child offender has the right to be presumed innocent.

3. In apprehending or inviting the child, vulgar words should be avoided.The arresting officer or private citizen should avoid the use of a tonethat will attract the attention of people around the child so as not tohumiliate, demean or harm the child. Initial contacts with lawenforcers and the child offender should be managed in a manner thatthe legal status of the child is respected and his/her well-beingpromoted with due regard to the circumstances of the case.

4. Upon apprehension, the child offender shall be taken by the handinstead of collaring or dragging him/her.

5. The use or display of firearm, weapons, handcuffs or otherinstruments of force or restraint must be avoided unless necessaryand only after all other methods of control have been exhausted andhave failed.

6. Violence or unnecessary force shall not be used tolerated.


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7. Immediately upon arrest, the arresting officer - either the police, theBarangay Tanod, or a private citizen - regardless of the nature of theoffense, must refer the child to the Childrens Justice Committee

(CJC) or to any member of the Barangay Justice System/KatarungangPambarangayfor proper disposition of the case at the community leveland for further assistance. Its has been the practice of a number ofpolice precincts in the pilot barangays that police officers takecustody of , investigate, detain and even file charges against theapprehended child in courts despite the presence of the WCPD PoliceOfficer.

8. There shall be a separate blotter or record book for childrens cases.This blotter should be in the custody of a designated CJC member -the Barangay Secretary, GAD focal Person/ Programme Officer or amember of the Barangay Tanod, who is a regular member of the CJC,whichever is applicable.

9. The parents or nearest relative or legal guardian of the child and thelocal social worker should be notified immediately after theapprehension is made. It would also be helpful to notify the peereducators, as members of other CJC, so they can provide comfort,counselling and assistance in the provision of basic needs to the childoffender during the time of arrest.

10. Detention should be avoided. The arresting officer,it l d th CJC Ch i h ld th t ll


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community leader or the CJC Chair should ensure that alloptions are taken into consideration so that the child willnot stay long in the custodial center. Detention orcustodial measures should be the last resort and only forthe shortest time possible. The detention of childoffenders is one of the many issues in theimplementation of the community-based diversionprogramme in a number of the pilot barangay becauseBarangay Tanod impose their authority over the CJC in

matters pertaining to apprehensions. Reorientation andcontinuing education on the principles of diversion andrestorative justice including the UNCRC and otherinternational protocols pertaining to CICL must beprovided to Barangay Tanods for them respect andprotect the right of child offenders.

11. If arrest occurs in the evening, the child must bereleased under the custody of the parents or legalguardian. However, the parents or legal guardian should

immediately bring the child to the CJC on the followingday for proper disposition of the case.

6. CONDUCTING POST-MEDIATION DIVERSION PROGRAMMES


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OR ACTIVITIES

1. Diversion refers to an alternative child-appropriate

process of determining the responsibility andtreatment of a CICL based on his social, cultural,economic, psychological, or educational backgroundwithout resorting to formal court adjudication.Diversion programmes refers to programmes that

the CICL is required to undergo in lieu of formalcourt proceedings (Government of the Philippines,Supreme Court 2002:7)

2. In implementing the community- based diversionprocess, the act of mediation undertaken by the CJCconstitutes the initial process of diverting the CICLin the disposition of the case, in lieu of formal courtproceedings.

3. Diversion activities or programmes may include any or a


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D p g mm m y ycombination of the following (2002:14-15)

a. Written or oral reprimand or citation;

b. Return of property;c. Payment of the damage caused;d. Written or oral apology;e. Guidance and supervision order;f. Counselling of the child and his/her family;

g. Training, seminars and lectures on; Anger management skills Problem-solving and/ or conflict resolution skills; Values formation; and

Other skills that will aid the child in properly dealingwith situations that can lead to reoffendingh. Detailed work programme in the communityi. Participation in available community-basedprogrammes; and

j. Institutional care and custody.

4 The CJC must clearly stipulate in the Kasabutan


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4. The CJC must clearly stipulate in the KasabutanForm (Covenant) the diversion programme that theCICL has to undergo as part of his/herresponsibility and accountability to restore the harmdone in view of the offence committed.

5. The CJC should facilitate the applicable diversionactivities the child has to undergo. The communityvolunteers may assist the child in undertaking and incomplying with the diversion programme he/she willundergo.

6. All CJCs are encouraged to study, test and shareother forms of diversion programmes or activitiesnot mentioned in this section. Experimental orinnovative forms of diversion should not be in anyway inimical, exploitative, destructive or contrary tothe rights of the child and his/her totaldevelopment and welfare.

7. MONITORING AND FOLLOW-UP OF MEDIATEDCASES


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CASES

1. In general, the CJC has to devise a monitoring andfollow-up mechanism to ensure compliance with the

settlement agreement particularly of the child andhis/her parents or legal guardian, and to determinethe progress of the rehabilitation, reintegration andthe entire diversion programme. This will ensurethat re-offending will be prevented.

2. As a from of monitoring, community volunteersdesignated by the CJC Chair or Co-Chair mayconduct house-to-house visits with the child andhis/her parents/legal guardian to track the childs

compliance with the settlement agreement and thechilds performance of the diversion programme. TheCJC Chair should supervise and require reports fromthe community volunteers to assess the child andhis/her parents or legal guardians compliance withthe settlement agreement and the overallperformance of the diversion programme undertakenb the child.

3 The CJC with the assistance of the social worker


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3. The CJC, with the assistance of the social worker,should conduct a periodic case conference with thechild and the parents/legal guardian to assess theprogress of the child undergoing diversion. The case

conference should address cases of non-complianceby the child and/or the parents/legal guardian withthe settlement agreement, Continuous counsellingmay be undertaken during the case conference whennecessary or appropriate.

4. Cases of reoffending must be dealt with accordinglydepending on the gravity of the offense committed.The CJC has the discretion whether or not to letthe child pass through another diversion process. In

no way, however, should the child offender bemediated and diverted for more than two offensesformally recorded by the CJC. In case of recidivism,the child offender should be turned-over to thepolice or the DSWD for proper disposition of thecase.


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Documents

Community Based Diversion and Prevention Programme for Children