Treatment of Children Below The Age of Criminal Responsibility Juvenile Justice and Welfare Act
Treatment of Children Below The Age of Criminal Responsibility Juvenile Justice and Welfare Act
Treatment of Children Below The Age of Criminal Responsibility Juvenile Justice and Welfare Act
If it has been determined that the child taken into custody is fifteen (15) years old or below, the
authority which will have an initial contact with the child has the duty to:
a) immediately release the child to the custody of his/her parents or guardian, or in the
absence thereof, the child's nearest relative.
b) Said authority shall give notice to the local social welfare and development officer who
will determine the appropriate programs in consultation with the child and to the person
having custody over the child.
If the parents, guardians or nearest relatives cannot be located, or if they refuse to take custody,
the child may be released to any of the following:
a) a duly registered nongovernmental or religious organization;
b) a barangay official or a member of the Barangay Council for the Protection of Children
(BCPC);
c) a local social welfare and development officer;
d) or when and where appropriate, the DSWD.
According to the Rules and Regulations Implementing Republic Act No. 9344, Rule 31.b:
If parents, guardians or relatives are unable to take custody of the child due to mental or physical
incapacity or incarceration, the child shall be referred to alternative placement such as foster homes, in
addition to what has been provided in the Act.