Problems and Issues in Implementing of Ra 9344 of Isabela
Children often test the limits and boundaries set by their parents and other authority figures. Among adolescents, some rebelliousness and experimentation is common.
However, a few children consistently participate in problematic behaviors that negatively affect their family, academic, social, and personal functioning. These children present great concern to parents and the community at large.The prevention of delinquency requires identifying at-risk individuals and their environments before delinquent activity and behavior occur, and then removing such risk factors or strengthening resistance to the risk factors already present. The most logical starting place for prevention efforts is family . The prevention of delinquency requires identifying at-risk individuals and their environments before delinquent activity and behavior occur, and then removing such risk factors or strengthening resistance to the risk factors already present.
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The most logical starting place for prevention efforts is the family. If the reports we read on the newspapers are true, then, this fact cannot be denied: juvenile delinquency is on the increase in our country.
The past few years has seen a sharp incline of juvenile offences. As we talk further Juvenile delinquency it is refer to antisocial or illegal behavior by children or adolescents, for dealing with juveniles, such as juvenile detention centers. There are a multitude of different theories on the causes of crime, most if not all of which can be applied to the causes of youth crime.A Juvenile Delinquent is one who repeatedly commits crime. These juvenile delinquents sometimes have mental disorders/behavioral issues such as post traumatic stress disorder or bipolar disorder, and are sometimes diagnosed with conduct disorder partially as a result of their delinquent behaviors. Individual psychological or behavioral risk factors that may make offending more likely include intelligence, impulsiveness or the inability to delay gratification, aggression, empathy, and restlessness. Farrington: 2002) Children with low intelligence are likely to do worse in school.
This may increase the chances of offending because low educational attainment, a low attachment to school, and low educational aspirations are all risk factors for offending in themselves. (Walklate: 2003 p. 2) Children who perform poorly at school are also more likely to truant, which is also linked to offending. (Farrington: 2002 p. 682) If strain theory or subculture theory are valid poor educational attainment could lead to crime as children were unable to attain wealth and status legally.However it must be born in mind that defining and measuring intelligence is troublesome. Young males are especially likely to be impulsive which could mean they disregard the long-term consequences of their actions, have a lack of self-control, and are unable to postpone immediate gratification.
More over children who act against the law. Most legal systems prescribe specific procedures for dealing with juveniles, such as juvenile detention centers. There are a multitude of different theories on the causes of crime CriminologyCriminology is the scientific study of the nature, extent, causes, and control of criminal behavior in both the individual and in society… most if not all of which can be applied to the causes of youth crime. Youth crime is a major issue and is an aspect of crime which receives great attention from the news media News media The news media refers to the section of the mass media that focuses on presenting current news to the public.
These include print media; broadcast media , and increasingly Internet-based media . -Etymology: A medium is a carrier of something…II. Theoretical frame work. The theory of Differential association also deals with young people in a group context, and looks at how peer pressure and the existence of gangs could lead them into crime.
It suggests young people are motivated to commit crimes by delinquent peers, and learn criminal skills from them. The diminished influence of peers after men marry has also been cited as a factor in desisting from offending. There is strong evidence that young people with criminal friends are more likely to commit crimes themselves.However it may be the case that offenders prefer to associate with one another, rather than delinquent peers causing someone to start offending. Furthermore there is the question of how the delinquent peer group became delinquent initially. In Social disorganization Current positivist approaches generally focus on the culture. A type of criminological theory attributing variation in crime and delinquency over time and among territories to the absence or breakdown of communal institutions (e.
g. family, school, church and social groups. and communal relationships that traditionally encouraged cooperative relationships among people. Merton’s suggests five adaptations to this dilemma: 1. Innovation: individuals who accept socially approved goals, but not necessarily the socially approved means. 2. Retreatism: those who reject socially approved goals and the means for acquiring them.
3. Ritualism: those who buy into a system of socially approved means, but lose sight of the goals. Merton believed that drug users are in this category. 4. Conformity: those who conform to the system’s means and goals. . Rebellion: people who negate socially approved goals and means by creating a new system of acceptable goals and means.
A difficulty with strain theory is that it does not explore why children of low-income families would have poor educational attainment in the first place. More importantly is the fact that much youth crime does not have an economic motivation. Strain theory fails to explain violent crime, the type of youth crime which causes most anxiety to the public. III. Conceptual framework Juvenile delinquency is children who act against the law.Most legal systems prescribe specific procedures for dealing with juveniles, such as juvenile detention centers On children who act against the law. Most legal systems prescribe specific procedures for dealing with juveniles, such as juvenile detention centers ce the juvenile offender reaches maturation he or she is likely to continue exhibiting maladaptive behaviors and increases his risk of being cycled through the criminal justice system as an adult offender.
Due to the small population of habitual adult and juvenile offenders attributing for the large percentage of violent crimes (i. . murder and aggravated assault) the criminal justice system should supervise the small population of career criminals in an effort to prevent the spawning of serious violent offenders. If mental disorders such as conduct disorder go undiagnosed and untreated the juvenile offender has the increased potential to later develop antisocial personality disorder and continue his life as a career criminal. The majority of violent offenders exhibit characteristics of antisocial personality disorder and exhibit it no later than age 15.Antisocial personality disorder is a common diagnosis for a serial killer. Authors Alvarez and Bachman found that one similarity among serial killers was their prior criminal convictions.
In this case conduct disorder can become a probable constituent to serial murder if not diagnosed and treated before it fully develops in adulthood as antisocial personality disorder. Both conduct disorder and antisocial personality disorder are categorized as personality disorders under the DSM-IV-TR and share extremely similar definitions as explained above in ‘Mental Disorders’.Some of the common characteristics include consistent violation of societal norms, aggressive behavior towards people, and a disassociation to the emotion of empathy. These traits are also common amongst serial killers and if the maladaptive behaviors are not treated they have the potential to conceive a person that fantasizes about killing several victims and then fulfills their impulsivity when they are no longer capable of suppressing it. IV. Statemet of the problemThis study aims to determine the widespread cases of juvenile delinquency or the number of minors who committed crimes at the municipality of Isabela for the year 2009-2010. This study sought to answer the following: 1.
To determine the numbers of the youth who committed crimes. 2. To determine the significant of studying juvenile delinquency cases to criminology student. 3. To determine the reason why there is a widespread of juvenile delinquency. VI. Significance of the study This study is significant to the following persons:School Administration: Should the result of the study proved the reason of the widespread juvenile delinquency cases in our society.
For them to do an action plan on how to educate their students to avoid this wrong doings Criminology instructors: This study can help the instructors to prepare the criminology students on how to deal with tjis problem as the are the future peace maker of our society. The parents: The result is very helpful to all of the parents for them to guide their children to the right path and for them to gain knowledge about juvenile delinquency.The school: the institution could implement the rules and regulations and also punishment for them to insure that the student will avoid to committee crimes. The community: the result is useful to them for them to be aware of the widespread cases in our society. The student: As a criminology student we are so much benefited buy the result of this study. It is because we will be aware of the reasons and action that we will be implemented when we will be on the field of our profession in the future. V.
Limitation of the studyThis study covers only the municipality of Isabeela,the male and female youth who committed crimes. This study include the widespread cases of juvenile delinquency. VI. Rationally Classical criminology stresses that causes of crime lie within the individual offender, rather than in their external environment. Classical theories state that “juveniles are rational, intelligent people who have free will – the ability to make choices. ” Crime is the result of people making choices, such as breaking the law.According to rational choice theory, “because behavior is a conscious decision children make, they may be held responsible for their choices and their consequences.
“Classical criminology stresses that causes of crime lie within the individual. As commonly used, an individual is a person or any specific object in a collection. In the 15th century and earlier, and also today within the fields of statistics and metaphysics, individual means “indivisible”, typically describing any numerically singular thing, but sometimes meaning “a person. “… Offender, rather than in their external environment.
For classicists, offenders are motivated by rational self inter Self-interest originally had a more strictly financial meaning. Closer in English to its current meaning was the word commodity. Only later did it take on the more general senses given below:*Egoism*Selfishness*Ethical egoism*Psychological egoism… Free will is the purported ability of agents to make choices free from constraints. Historically, the constraint of dominant concern has been the metaphysical constraint of determinism.
.. and personal responsibility Moral responsibilityMoral responsibility can refer to two different but related things. First, a person has moral responsibility in a situation if that person has an obligation to ensure that something will happen. Assume that John promised to baby-sit for his neighbor while she goes to a job interview, but decides he…
Rational choice theory Rational choice theory, also known as choice theory or rational action theory, is a framework for understanding and often formally modeling social and economic behavior. It is the main theoretical paradigm in the currently-dominant school of microeconomics…VII. Definatfion of terms A dependent child- is one who is without a parent, guardian or custodian; orone whose parents, guardian or other custodian for good cause desires to be relieved of his care and custody; and is dependent upon the public for support. An abandoned child- is one who has no proper parental care or guardianship, or whose parents or guardians have deserted him for a period of at least six continuous months.
A neglected child- is one whose basic needs have been deliberately unattended or inadequately attended.Neglect may occur in two ways: There is a physical neglect when the child is malnourished, ill clad and without proper shelter. A child is unattended when left by himself without provisions for his needs and/or without proper supervision. Emotional neglect exists: when children are maltreated, raped or seduced; when children are exploited, overworked or made to work under conditions not conducive to good health; or are made to beg in the streets or public places, or when children are in moral danger, or exposed to gambling, prostitution and other vices.Commitment or surrender of a child- is the legal act of entrusting a child to the care of the Department of Social Welfare or any duly licensed child placement agency or individual. Commitment may be done in the following manner: a) Involuntary commitment, in case of a dependent child, or through the termination of parental or guardianship rights by reason of abandonment, substantial and continuous or repeated neglect and/or parental incompetence to discharge parental responsibilities, and in the manner, form and procedure hereinafter prescribed. ) Voluntary commitment, through the relinquishment of parental or guardianship rights in the manner and form hereinafter prescribed.
A child-caring institution is one that provides twenty-four hour resident group care service for the physical, mental, social and spiritual well-being of nine or more mentally gifted, dependent, abandoned, neglected, handicapped or disturbed children, or youthful offenders. A detention home is a twenty-four hour child-caring institution providing short term resident care for youthful offenders who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction.A shelter-care institution is one that provides temporary protection and care to children requiring emergency reception as a result of fortuitous events, abandonment by parents, dangerous conditions of neglect or cruelty in the home, being without adult care because of crisis in the family, or a court order holding them as material witnesses. Receiving homes are family-type homes which provide temporary shelter from ten to twenty days for children who shall during this period be under observation and study for eventual placement by the Department of Social Welfare.A nursery is a child-caring institution that provides care for six or more children below six years of age for all or part of a twenty-four hour day, except those duly licensed to offer primarily medical and educational services. A maternity home is an institution or place of residence whose primary function is to give shelter and care to pregnant women and their infants before, during and after delivery. A rehabilitation center is an institution that receives and rehabilitates youthful offenders or other disturbed children.
A reception and study center is an institution that receives for study, diagnosis, and temporary treatment, children who have behavioral problems for the purpose of determining the appropriate care for them or recommending their permanent treatment or rehabilitation in other child welfare agencies. A child-placing agency is an institution or person assuming the care, custody, protection and maintenance of children for placement in any child-caring institution or home or under the care and custody of any person or persons for purposes of adoption, guardianship or foster care.The relatives of such child or children within the sixth degree of consanguinity or affinity are excluded from this definition. CHAPTER 2 REVIEW OF RELATED LITERATURE * | This chapter presents concepts, studies as well as the important data about the topic which is need to consider in conducting this study. Such as the general principles of the child and youth welfare and at the home at church at community and so many more article about the topic which is the presidential no. 03 that contain the child and youth welfare code. GENERAL PRICEPLE OF PD.
603 (THE CHILD AND YOUTH WELFARE CODE: This presidential decree is ordered and decree by our former president Ferdinand E. Marcos. It is promulgated last December 10, 1974. Article 1. Declaration of Policy. – The Child is one of the most important assets of the nation. Every effort should be exerted to promote his welfare and enhance his opportunities for a useful and happy life.
The child is not a mere creature of the State.Hence, his individual traits and aptitudes should be cultivated to the utmost insofar as they do not conflict with the general welfare. The molding of the character of the child starts at the home. Consequently, every member of the family should strive to make the home a wholesome and harmonious place as its atmosphere and conditions will greatly influence the child’s development. Attachment to the home and strong family ties should be encouraged but not to the extent of making the home isolated and exclusive and unconcerned with the interests of the community and the country.The natural right and duty of parents in the rearing of the child for civic efficiency should receive the aid and support of the government. The school, the church, the guild, and the community in general, should assist the home and the State in the endeavor to prepare the child for the responsibilities of adulthood.
Art. 2. Title and Scope of Code. – The Code shall be known as the “Child and Youth Welfare Code”. It shall apply to persons below twenty-one years of age except those emancipated in accordance with law. Child” or “minor” or “youth” as used in this Code, shall refer to such persons. Art.
3. Rights of the Child. – All children shall be entitled to the rights herein set forth without distinction as to legitimacy or illegitimacy, sex, social status, religion, political antecedents, and other factors. the following are the rights of the child: (1) Every child is endowed with the dignity and worth of a human being from the moment of his conception, as generally accepted in medical parlance, and has, therefore, the right to be born well. 2) Every child has the right to a wholesome family life that will provide him with love, care and understanding, guidance and counseling, and moral and material security. (3) Every child has the right to a well-rounded development of his personality to the end that he may become a happy, useful and active member of society. The gifted child shall be given opportunity and encouragement to develop his special talents.
The emotionally disturbed or socially maladjusted child shall be treated with sympathy and understanding, and shall be entitled to treatment and competent care.The physically or mentally handicapped child shall be given the treatment, education and care required by his particular condition. (4) Every child has the right to a balanced diet, adequate clothing, sufficient shelter, proper medical attention, and all the basic physical requirements of a healthy and vigorous life. (5) Every child has the right to be brought up in an atmosphere of morality and rectitude for the enrichment and the strengthening of his character. 6) Every child has the right to an education commensurate with his abilities and to the development of his skills for the improvement of his capacity for service to himself and to his fellowmen. (7) Every child has the right to full opportunities for safe and wholesome recreation and activities, individual as well as social, for the wholesome use of his leisure hours. (8) Every child has the right to protection against exploitation, improper influences, hazards, and other conditions or circumstances prejudicial to his physical, mental, emotional, social and moral development.
9) Every child has the right to live in a community and a society that can offer him an environment free from pernicious influences and conducive to the promotion of his health and the cultivation of his desirable traits and attributes. (10) Every child has the right to the care, assistance, and protection of the State, particularly when his parents or guardians fail or are unable to provide him with his fundamental needs for growth, development, and improvement. 11) Every child has the right to an efficient and honest government that will deepen his faith in democracy and inspire him with the morality of the constituted authorities both in their public and private lives. (12) Every child has the right to grow up as a free individual, in an atmosphere of peace, understanding, tolerance, and universal brotherhood, and with the determination to contribute his share in the building of a better world Art. 4. Responsibilities of the Child. Every child, regardless of the circumstances of his birth, sex, religion, social status, political antecedents and other factors shall: (1) Strive to lead an upright and virtuous life in accordance with the tenets of his religion, the teachings of his elders and mentors, and the biddings of a clean conscience; (2) Love, respect and obey his parents, and cooperate with them in the strengthening of the family; (3) Extend to his brothers and sisters his love, thoughtfulness, and helpfulness, and endeavor with them to keep the family harmonious and united; (4) Exert his utmost to develop his potentialities for service, particularly by undergoing a formal education suited to his abilities, in order that he may become an asset to himself and to society; (5) Respect not only his elders but also the customs and traditions of our people, the memory of our heroes, the duly constituted authorities, the laws of our country, and the principles and institutions of democracy; (6) Participate actively in civic affairs and in the promotion of the general welfare, always bearing in mind that it is the youth who will eventually be called upon to discharge the responsibility of leadership in shaping the nation’s future; and (7) Help in the observance of individual human rights, the strengthening of freedom everywhere, the fostering of cooperation among nations in the pursuit of their common aspirations for programs and prosperity, and the furtherance of world peace.
Art. 5.Commencement of Civil Personality. – The civil personality of the child shall commence from the time of his conception, for all purposes favorable to him, subject to the requirements of Article 41 of the Civil Code Art. 6. Abortion. – The abortion of a conceived child, whether such act be intentional or not, shall be governed by the pertinent provisions of the Revised Penal Code.
Art. 7. Non-disclosure of Birth Records. – The records of a person’s birth shall be kept strictly confidential and no information relating thereto shall be issued except on the request of any of the following: (1) The person himself, or any person authorized by him; 2) His spouse, his parent or parents, his direct descendants, or the guardian or institution legally in-charge of him if he is a minor; (3) The court or proper public official whenever absolutely necessary in administrative, judicial or other official proceedings to determine the identity of the child’s parents or other circumstances surrounding his birth; and (4) In case of the person’s death, the nearest of kin. Any person violating the prohibition shall suffer the penalty of imprisonment of at least two months or a fine in an amount not exceeding five hundred pesos, or both, in the discretion of the court. Art. 8.
Child’s Welfare Paramount. – In all questions regarding the care, custody, education and property of the child, his welfare shall be the paramount consideration. Art. 9. Levels of Growth. The child shall be given adequate care, assistance and guidance through his various levels of growth, from infancy to early and later childhood, to puberty and adolescence, and when necessary even after he shall have attained age 21. Art.
10. Phases of Development. – The child shall enjoy special protection and shall be given opportunities and facilities, by law and by other means, to ensure and enable his fullest development physically, mentally, emotionally, morally, spiritually and socially in a healthy and normal manner and in conditions of freedom and dignity appropriate to the corresponding developmental stage. Art. 11. Promotion of Health. – The promotion of the Child’s health shall begin with adequate pre-natal and post-natal care both for him and his mother.
All appropriate measures shall be taken to insure his normal total development.It shall be the responsibility of the health, welfare, and educational entities to assist the parents in looking after the health of the child. Art. 12. Education. – The schools and other entities engaged in non-formal education shall assist the parents in providing the best education for the child. Art.
13. Social and Emotional Growth. – Steps shall be taken to insure the child’s healthy social and emotional growth. These shall be undertaken by the home in collaboration with the schools and other agencies engaged in the promotion of child welfare. Art. 14. Morality.
– High moral principles should be instilled in the child, particularly in the home, the school, and the church to which he belongs.Art. 15. Spiritual Values. The promotion of the child’s spiritual well-being according to the precepts of his religion should, as much as possible, be encouraged by the State. Art. 16.
Civic Conscience. – The civic conscience of the child shall not be overlooked. He shall be brought up in an atmosphere of universal understanding, tolerance, friendship, and helpfulness and in full consciousness of his responsibilities as a member of society. Child and Youth Welfare and the Home Parental Authority Section A. In General Art. 17. Joint Parental Authority.
– The father and mother shall exercise jointly just and reasonable parental authority and responsibility over their legitimate or adopted children.In case of disagreement, the father’s decision shall prevail u