MANAGEMENT OF CHILDREN IN ESPECIALLY DIFFICULT CIRCUMSTANCES
1. Protection of Children - This involves the removal or control of environmental
hazards that directly affect children. To achieve this, the police assigned to
handle these children should undertake the following:
⁃ Participate in your community's council for the protection of children
or other organizations of a like nature that make fantastic public relations media.
Such involvement will give the police an opportunity to gauge the community's
feelings towards them.
Ultimately, with this kind of involvement, the police can enlist the community to
support their objectives.
⁃ Contribute to the explanation of laws, especially those that concern
children. By taking part in community gatherings organized by the Police-Community
Relations (PCR) division of the Philippine National Police (PNP) and other civic
organizations in the neighborhood, the police should raise awareness of the United
Nations Convention on the Rights of the Child.
⁃ Create "spot maps" that will highlight regions with high delinquency
rates and the prevalence of other issues that harm children. This map will
highlight the precise regions that require assistance, making program planning more
realistic and directing police attention more effectively.
⁃ Perform patrolling and inspections especially in places or situations
where the youth is exposed or could be exposed to danger, that is commercial or
recreational centers, bus or railroad depots, bars, small, unregistered factories
or firms where working children are numerous, markets, and gangs' "hangouts".
⁃ Conduct surveillance on people who are suspected of sexually assaulting
or abusing minors or on people who are likely to do so. Children should receive
special consideration in the tourism and hotel industries, pyrotechnics, mining,
quarrying, clothing manufacture, etc.
2. Management of Child as Accused
⁃ Apprehension
• Legally, humanely, and responsibly serve the youngster with an
arrest warrant or search warrant.
• Be in plain clothes and avoid using marked vehicles.
• Keep your language and tone polite so as not to offend the child's
surroundings.
• Take the child by the hands instead of collaring or dragging him /
her.
• Avoid the use of handcuffs.
• After being apprehended, take the youngster to any nearby government
medical or health official for physical and mental evaluation as required by
article 190 of Presidential Decree No. 603
• Within eight hours after the child's capture, notify the senior social
worker at the Department of Social Welfare and Development (DSWD) so that prompt
assistance can be given.
• Within eight hours, tell the parents about the arrest and invite
them to the police station.
• If the police officer is not a member of the Women and Children
Protection Center (WCPC), he or she should hand the child over right away so that
the matter can be handled properly.
⁃ Investigation/ Interviewing
GUIDELINES WHICH WILL HELP THE POLICE IN CARRYING OUT THE INVESTIGATION EFFICIENTLY
AND EFFECTIVELY:
• In no circumstances should a child be the subject of a police
investigation or be forced to give a statement without the presence of his or her
guardians, parents, or social worker.
• Under no circumstances should the child be subjected to lies,
threats, intimidation, or harsh treatment while the investigation is underway.
Never employ third-degree physical methods of discipline or any tool that might
have a negative impact on the child's physical or mental health.
• The youngster should be given enough privacy during the interview,
with as few interruptions as possible. The young interviewee should feel relaxed in
a separate interview space.
BASIC TECHINIQUES IN INTERVIEWING A CHILD
• Be considerate when dealing with the child.
• Be welcoming.
• Gain the respect and confidence of the youngster.
• Identify him/her properly.
• Be prepared for the interview.
• As soon as the youngster has been detained or arrested, do a
preliminary interview.
• Tell the child of his / her willingness to help.
• Discover the child's problem.
• Talk in his / her language.
• Encourage the child to speak the majority of the time.
• Be firm but patient.
• Respect the child's personality.
• Let the kid write the story on his or her own.
THE POLICE OFFICER SHOULD NOT:
• Resort to vulgarity or profanity.
• Brand a child.
• Loses his or her temper.
• Use force physically.
• Take notes right away.
• In cases that do not require action, proper and immediate referrals
should be made, stating what further help is needed by the child, such as casework
service or other interventions.
3. Fingerprinting
⁃ The contention that fingerprinting can have a traumatic eftect on the
child is without merit, unless the child is a first offender.
⁃ Fingerprinting is required to produce identifying records for future
comparison if there is reason to suspect that the child in custody will likely
commit the same crime again or if the offender is a frequent runaway. Fingerprint
files have their greatest value in the case of recidivism.
⁃ Fingerprint of the child should be classified as "civilian" and not in
the same category as adult offender.
4. Detention
Is the temporary care of the child in a physically restricting facility pending
court disposition and/or while waiting transfer to a rehabilitation center.
Detention is for children who have committed offenses and for whom secure custody
is required for their own or the community's protection.
As much as possible, detention should be avoided.
• The police should always consult the Senior Social Worker of the
Department of Social Welfare and Development (DSWD) regarding who should conduct a
study of the case and plan the intervention for the youth.
• If the child is attending school and detention is warranted, the
school authorities should be notified immediately.
• Children should be provided with a separate detention home.
• Female child offenders should always be separated from male child
offenders.
• Child offenders should always be separated from adult offenders.
• Child offender. aged 10 - 15, should be kept separate from older ones
if accommodation is allowed.
GUIDELINES TO HELP THE POLICE ASSIGNED IN DETENTION CENTERS:
a. The police officer should be considerate and understanding while maintaining
resoluteness in enforcing policies inside the center.
b. Every element that could hinder the child's development should be eliminated
from the center or room.
c. The center should have a separate room or space for socialization, indoor games,
and other activities.
d. Varied activities like sports, skills training, livelihood projects, alternative
education, and other constructive activities should be initiated.
e. The child's health should be one of the primary concerns of the center.
f. For social casework or group activities inside the detention facility, the
police should cooperate with the closest senior social worker from the Department
of Social Welfare and Development.
5. Referral
GUIDELINES IN REFERRING CASES FOR DISPOSITION
a. The Barangay Captain will be contacted for mediation if the matter is covered
by Section 2 of Presidential Decree No. 1508 (Katarungang Pambarangay Law), as
modified; otherwise, the prosecutor would be contacted.
b. The child will be released on notice to the parents or other appropriate adults
upon the court's order, and they will be in charge of ensuring that the child
appears in court as needed.
c. The Department of Social Welfare and Development or the local detention facility
will take care of the youngster and ensure that they appear in court as needed if
they are not eligible for release on cognizance or are unable to post bail.
d. The child must be referred to competent authorities, such as a doctor,
psychiatrist, or psychologist, if the police officer has good grounds to believe
that the child has a physical, mental, or emotional defect that could influence the
child in any part of the police or judicial activity.
e. For children in situation of armed conflict (CSAC),
Section 25 of RA No. 7610 cites specific rights.
1. a separate adult correctional facility that houses families
together;
2. immediate, unrestricted legal assistance;
3. giving the child's guardians or parents prompt notice of the arrest;
4. the child must be released to the DSWD or another responsible community
member within 24 hours of the court's taking cognizance.
6. Linkages / Networking
a. The Child Protection Team (CPT), a group that will promptly respond to the care
of children in need of assistance, will include the Women and Children Protection
Center as automatic members.
b. The WCPC is responsible for inspiring, launching, encouraging, and promoting
community and other institutions and people's groups to participate in preventative
and rehabilitation initiatives, programs, and activities for children
c. The Department of Social Welfare and Development's appropriate branch and
representative will cooperate closely with the Women and Children Protection Center
to provide investigative reports, including case studies on minor arrests that are
preliminary in nature for prosecutors and judges.
Management of the Child as Victim or Complainant or Witness
A child victim may be any of the following:
• physically / sexually abused child
• economically or sexually exploited child
• neglected child
• abandoned child
• children in situation of armed conflict
GENERAL PROCEDURES IN THE MANAGEMENT OF THE CHILD AS VICTIM OR COMPLAINANT OR
WITNESS
a. Upon referral to the NBI or the PNP of the case of a child in need of
assistance, the following should be done by the WCPC
b. Keep track of the referrer's personal information, the child's full or available
profile, and a brief description of the events.
c. Within 24 hours of receiving a referral, take the kid to the doctor or a health
official to get a full physical and mental checkup.
d. Refer the child immediately to the nearest officer of the DSWD for a more
exhaustive evaluation of his / her case and ultimate referral to the proper agency.
e. If it is decided that there exists a basis for a court action - and that such
action is necessary - the case should be referred to the prosecutor.
SPECIFIC PROCEDURE IN THE WITNESS WITH A CHILD AS COMPLAINANT OR
a. The child as victim/complainant - The specific situations of neglect, abuse, and
exploitation in the home, school, institution and workplace are generally brought
to the attention of the police.
(1) ABUSED / EXPLOITED CHILD
• Police investigation of complaints of abuse and exploitation should
be geared towards protecting the life of the child.
• Upon referral of cases, the police should be able to assess whether
there is imminent or immediate danger.
• When a kid's life is in immediate danger, the police have the right
to intervene by taking the child into custody and referring them to the DSWD
• In order to remove the child from the family. the institution, or
the place of employment, assistance from the social worker should be obtained.
• Removal should not be hurried.
• Depending on the child's age, he or she should be told of what is
happening, the reason for it, and where he / she is going.
• The child should be encouraged to take with him / her some personal
belongings / familiar objects such as a toy, blankets, etc.
• If at all possible, a parent should be encouraged to accompany the
child to the institution.
2. NEGLECTED
• Police should interview the child to Be information which will help
trace his/her parents/ relatives.
• Most often, the child may not reveal his/her identity.
• Notify parents, relatives, and the neighborhood social worker right
away.
• When the child comes from another province or city, the police in
that area should be notified.
• Refer the child to the DSWD for temporary shelter.
3. ABANDONED OR FOUNDLING
• Immediately take a picture of the child and the place where he / she
was found.
• Refer the child for medical examination, and refer the case to the
nearest DSWD.
Exert efforts to locate the parents or relatives of the child; refer the child to
the DSWD for temporary shelter.
b. The child as Witness
• The success of the child's testimony wil depend on the kind of bond
that has been buil authorities.
up from the beginning between them and the
• In most instances, the police are the first persons the child
encounters during investigation process.
• It is therefore crucial that trust and rapport be established at this
level in order ta help the child qualify as a competent witness.
BASIC TECHNIQUES IN INTERVIEWING TO GUIDE THE POLICE IN ESTABLISHING BASIC TRUST
AND RAPPORT WITH THE CHILD
1. Avoid leading and subjective questions when interviewing child
witnesses.
2. Given the kid's age, intellectual ability, and the significance of
his or her evidence, the police should assist in deciding whether the youngster
should testify or not.
3. The police should exhaust their efforts in looking for other
witnesses who can be presented.
4. If there is need for protective custody, the police should
immediately confer with the DSWD social worker to work out an appropriate
arrangement.
RECORDING AND REPORTING
1. Keeping records of cases of children is crucial because these
documents help the police in the proper disposition of the case.
2. Police records may also provide primary information sources for the
police
station's operations and actions of the community in coping with
delinquency problems.
3. In this regard, an adequate recording and reporting system for cases
involving children is in order.
4. Each police station must maintain a separate logbook for cases of
children in especially difficult circumstances.
5. In addition, as required by the National Crime Information
System (NCIS), the National Crime
Reporting System should also be accomplished.