CHILDREN 15 YEARS OLD AND BELOW

START  Immediately proceed to and be present in

the initial investigation

 Actively assist in the conducting the initial

Child commits investigation
a crime
 Witness the signing of statement by the child
and affix signature to the said document
LEO takes
custody of the  Assist the law enforcement officer in
Child* 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/Guardian
2. LSWDO
3. PAO
e. LEO takes the Child to mental and Health
office for Physical and mental examination
15 YEARS OLD AND BELOW

START

Is Parent/ YES Is the safety YES

Encourage temporary
Guardian of the Child
Child commits Custody
Available? in danger?
a crime

NO NO
LEO takes LSWDO refers LEO releases LSWDO files Petition
custody of the Child to: the Child to For Involuntary
Child* ** a,b,c,d,e,f Parents/Guardian Commitment

a. Duly Registered Non-

If yes, encourage
Government Organization
the parent of
b. Faith Based Organization
c. Barangay Officer guardian of the
child to request Child is committed to
d. A member of the BCPC Youth Home, Rehab
e. An LSWDO for temporary
custody NGO, Gov't Facility
f. DSWD
If parents or
guardian does not
agree, LSWDO shall
The LSWDO shall assess carefully review the
if the safety of the child case of the child and
is in danger in view of file petition for
the offense committed involuntary
commitment
15 YEARS OLD AND BELOW

START

Is Parent/ YES Is the safety YES

Encourage temporary
Guardian of the Child
Child commits Custody
Available? in danger?
a crime

NO NO
LEO takes LSWDO refers LEO releases LSWDO files Petition
custody of the Child to: the Child to For Involuntary
Child* ** a,b,c,d,e,f Parents/Guardian Commitment

LSWDO shall monitor the Is Child YES

compliance of the child neglected,
and his/her Child is committed to
abandoned,
parents/guardian to the Youth Home, Rehab
abused?
intervention and NGO, Gov't Facility
prevention program
NO

Child is reintegrated Child undergoes

END to Family & Intervention
Community 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

START

Child commits  Receive physical custody of the

a crime child
 Explain to the child and the child’s
parents/guardians the
LEO takes consequences of the child’s act
custody of the  Conduct assessment if child acted
Child* with or without discernment
within seven (7) days

LEO turns over the

child to LSWDO
Release the child to the
within 8 hrs. after
apprehension custody of parents or
guardians if found to act
without discernment
LSWDO submits
to LEO initial
determination of
Discernment
WITHOUT DISCERNMENT

START

Is Parent/ YES Is the safety YES

Encourage
Guardian of the Child
Child commits temporary Custody
Available? in danger?
a crime

LEO takes NO NO LSWDO files Petition

custody of the
Child* LSWDO refers LEO releases For Involuntary
Child to: the Child to Commitment
** a,b,c,d,e,f Parents/Guardian
LEO turns over the
child to LSWDO
within 8 hrs. after
apprehension Child is committed to
Youth Home, Rehab
Is Child YES NGO, Gov't Facility
neglected,
LSWDO submits
abandoned,
to LEO initial
abused?
determination of
Discernment
NO

Child is reintegrated Child undergoes

END to Family & Intervention
Community Program
 CHILDREN ABOVE 15 YEARS OLD WITH DISCERNMENT

LEO turns over the LSWDO submits

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

LEO refers case

YES
Is imposable
to Prosecutor for
penalty more
preliminary
than 6 years?
Investigation
LSWDO
certifies the NO
failure of
diversion Diversion conducted
Child is reintegrated YES
Diversion by LEO, BCPC or
END to family &
successful? Social Worker
community
(Victimless)
 Meet with the child and his/her
NO parents or guardians for the
development of appropriate
diversion and rehabilitation
Refer case to program
Prosecutor for  Conducts diversion for victimless
preliminary crimes
Investigation  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

LEO turns over

LEO takes
Child commits a child to LSWDO
START custody
crime w/in 8 hrs. after
of the Child *
apprehension

LSWDO submits
to LEO initial
determination
of Discernment

LEO refers case

Case filed to Prosecutor for
END in Court preliminary
Investigation