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EMAIL: half@hlafphil.org A CASE FLOW GUIDE IN IMPLEMENTING THE JUVENILE JUSTICE AND WELFARE ACT OF 2006 (R.A. 9344) INSTRUCTIONS FOR USE 1. The guide only reflects the general flow of the case. Specific details which are required by the law to be followed are not included. 2. The guide is color coded for easier reference. 3. This case flow is still in the process of being improved. Please let us know if you find mistakes within the flow. This box indicates options or decisions Broken Lines indicate that the agency or actor is not directly in- volved with the process it signifies coordination, supervision etc... This color indicates that the process takes place within the Baran- gay Level This color indicates that the process takes place within the Police Level This color indicates that the process takes place within the LSWD Level This color indicates that the process takes place within the Prosecution Level This means that the next process is in page 3 and numbered 3A Blue Arrow is the flow of the case of 15 and below Red Arrow is the flow of the case of more than 15 but below 18 3A LSWD LSWD ENFORCEMENT Iyok 2006 Humanitarian Legal Assistance Foundation 2 crime Private person apprehends Refers case to police Police Apprehends Identify himself Notify parents/LSWD w/n 8hrs Prepare Case Study Report If 15 and below Explain to child 1. reason for arrest 2. Nature of offense 3. Constitutional rights Medical Exam Determine Age 3A 4B 4C If more than 15; Below 18 LSWD LSWD ENFORCEMENT Iyok 2006 Humanitarian Legal Assistance Foundation 3 3A Determine Age Requirements in Rule 30 Seek help from BCPC To determine age Seek help from LSWD To determine age Complainant may file a sum- mary proceedings to contest AGE More than 15 Below 18 15 and below Determination of Age within 24 hrs. Turnover custody to parents/ guardians, etc. Turnover custody to LSWD Police investigates LSWD explains to child and parents the consequences of his acts Signing of state- ments Parents witnesses signing of statements LSWD witnesses signing of statement PAO/Lawyer witnesses 4A LSWD LSWD ENFORCEMENT Iyok 2006 Humanitarian Legal Assistance Foundation 4 4A Signing of state- ments Police refers to LSWD for assessment of presence of discernment LSWD assesses if there is discernment or not (Rule 34c) Prepares report with basis Police prepares initial investigation report 4C 4B CICL in danger? Parents disagree Parents agree voluntary commitment LSWD petitions for involun- tary commitment With discernment Without discern- ment Determine appro- priate intervention programs 5A Penalty more than 6 yrs. Penalty not more than 6 yrs Case referred to Prosecutor Diversion Proceedings 5B involuntary commitment LSWD LSWD Iyok 2006 Humanitarian Legal Assistance Foundation 5 5A Determine appro- priate intervention programs Diversion Proceedings 5B LSWD Monitors FAILURE PROGRAMS FOR VICTIM With victim Victimless Crime LSWDO meets with CICL/ Parents BCPC Coordinates with LSWD for formulation of DP for victimless crimes Diversion Program Formulated Compliance Failure LSWD Monitors LSWD certifies to failure Punong Brgy, assisted by Lupon and BCPC conducts Mediation Family Conferencing Indigenous Mode Etc... CICL/parents disagrees More than 6 yrs CICL voluntarily ad- mits / Parents agrees Brgy formulates Diversion Program/ contract of Div Compliance Brgy Monitors Failure LSWD certifies to failure POLICE PROSECUTOR Victim opts to file case Brgy may refer to Police Police conducts Mediation Family Conferencing Indige- nous Mode Etc... More than 6 yrs/ CICL disagrees CICL voluntarily ad- mits / Parents agrees Police formulates Diversion Program/ contract of Div Compliance Failure LSWD supervises Compliance by parents and CICL involuntary commitment LSWD Petitions for Involun- tary commitment