Juvenile Justice Welfare Act of 2006

Sec 8

A Juvenile Justice and Welfare Council (JJWC) is hereby created and attached to the Department of Social Welfare and Development and placed under its administrative supervision. The JJWC shall be chaired by an Undersecretary of the Department of Social Welfare and Development. It shall ensure the effective implementation of this Act and coordination among the following agencies: (a) Department of Justice (DOJ); (b) Council for the Welfare of Children (CWC); (c) Department of Education (DepED); (d) Department of the Interior and Local Government (DILG); (e) Public Attorney’s Office (PAO); (f) Bureau of Corrections (BUCOR); (g) Parole and Probation Administration (PPA); (h) National Bureau of Investigation (NBI); (i) Philippine National Police (PNP); (j) Bureau of Jail Management and Penology (BJMP); (k) Commission on Human Rights (CHR); (l) Technical Education and Skills Development Authority (TESDA); (m) National Youth Commission (NYC); and (n) Other institutions focused on juvenile justice and intervention programs. The JJWC shall be composed of representatives, whose ranks shall not be lower than director, to be designated by the concerned heads of the following departments or agencies and shall receive emoluments as may be determined by the Council in accordance with existing budget and accounting rules and regulations: (1) Department of Justice (DOJ); (2) Department of Social Welfare and Development (DSWD); (3) Council for the Welfare of Children (CWC); (4) Department of Education (DepED); (5) Department of the Interior and Local Government (DILG); (6) Commission on Human Rights (CHR); (7) National Youth Commission (NYC); (8) Two (2) representatives from NGOs, to be designated by the Secretary of Social Welfare and Development, to be selected based on the criteria established by the Council; (9) Department of Health (DOH); and (10) One (1) representative each from the League of Provinces, League of Cities, League of Municipalities and League of Barangays. There shall be a Regional Juvenile Justice and Welfare Committee (RJJWC) in each region. The RJJWCs will be under the administration and supervision of the JJWC. The RJJWC shall be chaired by the director of the regional office of the DSWD. It shall ensure the effective implementation of this Act at the regional and LGU levels and the coordination among its member agencies. The RJJWC will be composed of permanent representatives who shall have a rank not lower than an assistant regional director or its equivalent to be designated by the concerned department heads from the following agencies and shall receive emoluments as may be determined by the Council in accordance with existing budget and accounting rules and regulations: (i) Department of Justice (DOJ); (ii) Department of Social Welfare and Development (DSWD); (iii) Department of Education (DepED); (iv) Department of the Interior and Local Government (DILG); (v) Commission on Human Rights (CHR); (vi) Department of Health (DOH); (vii) Two (2) representatives from NGOs operating within the region selected by the RJJWC based on the criteria established by the JJWC; (viii) One (1) sectoral representative from the children or youth sector within the region; and (ix) One (1) representative from the League of Provinces/ Cities/ Municipalities/ Barangays of the Philippines. The JJWC shall convene within fifteen (15) days from the effectivity of this Act. The Secretary of Social Welfare and Development shall determine the organizational structure and staffing pattern of the JJWC national secretariat and the RJJWC secretariat. In the implementation of this Act, the JJWC shall consult with the various leagues of local government officials. The JJWC shall coordinate with the Office of the Court Administrator and the Philippine Judicial Academy to ensure the realization of its mandate and the proper discharge of its duties and functions, as herein provided. (as amended by RA No 10630)

Sec 9

The JJWC shall have the following duties and functions: (a) To oversee the implementation of this Act; (b) To advise the President on all matters and policies relating to juvenile justice and welfare; (c) To assist the concerned agencies in the review and redrafting of existing policies/regulations or in the formulation of new ones in line with the provisions of this Act; (d) To periodically develop a comprehensive 3 to 5-year national juvenile intervention program, with the participation of government agencies concerned, NGOs and youth organizations; (e) To coordinate the implementation of the juvenile intervention programs and activities by national government agencies and other activities which may have an important bearing on the success of the entire national juvenile intervention program. All programs relating to juvenile justice and welfare shall be adopted in consultation with the JJWC; (f) To consult with the various leagues of local government officials in the formulation and recommendation of policies and strategies for the prevention of juvenile delinquency and the promotion of juvenile justice and welfare; (g) To formulate and recommend policies and strategies in consultation with children for the prevention of juvenile delinquency and the administration of justice, as well as for the treatment and rehabilitation of the children in conflict with the law; (h) To collect relevant information and conduct continuing research and support evaluations and studies on all matters relating to juvenile justice and welfare, such as, but not limited to: (1) The performance and results achieved by juvenile intervention programs and by activities of the local government units and other government agencies; (2) The periodic trends, problems and causes of juvenile delinquency and crimes; and (3) The particular needs of children in conflict with the law in custody. The data gathered shall be used by the JJWC in the improvement of the administration of juvenile justice and welfare system. The JJWC shall submit an annual report to Congress on the implementation of the provisions of this Act. The JJWC shall set up a mechanism to ensure that children are involved in research and policy development. (i) Through duly designated persons and with the assistance of the agencies provided in the preceding section, to conduct regular inspections in detention and rehabilitation facilities and to undertake spot inspections on their own initiative in order to check compliance with the standards provided herein and to make the necessary recommendations to appropriate agencies; (j) To initiate and coordinate the conduct of trainings for the personnel of the agencies involved in the administration of the juvenile justice and welfare system and the juvenile intervention program; (k) To submit an annual report to the President on the implementation of this Act; and (l) To perform such other functions as may be necessary to implement the provisions of this Act. (as amended by RA No 10630)

Sec 9-A

The RJJWC shall have the following duties and functions: (a) To oversee and ensure the effective implementation of this Act at the regional level and at the level of the LGUs; (b) To assist the concerned agencies in the implementation and in compliance with the JJWC’s adopted policies/regulations or provide substantial inputs to the JJWC in the formulation of new ones in line with the provisions of this Act; (c) To assist in the development of the comprehensive 3 to 5-year local juvenile intervention program, with the participation of concerned LGUs, NGOs and youth organizations within the region and monitor its implementation; (d) To coordinate the implementation of the juvenile intervention programs and activities by national government agencies and other activities within the region; (e) To oversee the programs and operation of the intensive juvenile intervention and support center established within the region; (f) To collect relevant regional information and conduct continuing research and support evaluations and studies on all matters relating to juvenile justice and welfare within the region, such as, but not limited to: (1) Performance and results achieved by juvenile intervention programs and by activities of the LGUs and other government agencies within the region; (2) The periodic trends, problems and causes of juvenile delinquency and crimes from the LGU level to the regional level; and (3) The particular needs of children in conflict with the law in custody within their regional jurisdiction. The data gathered shall be forwarded by the RJJWC to the JJWC on an annual basis and as may be deemed necessary by the JJWC. (g) Through duly designated persons and with the assistance of the agencies provided in the preceding section, to conduct regular inspections in detention and rehabilitation facilities within the region and to undertake spot inspections on their own initiative in order to check compliance with the standards provided herein and to make the necessary reports and recommendations to appropriate agencies and to the JJWC; (h) To initiate and coordinate the conduct of trainings for the personnel of the agencies involved in the administration of the juvenile justice and welfare system and the juvenile intervention program within the region; (i) To submit an annual report to the JJWC on the implementation of this Act; and (j) To perform such other functions as may be determined by the JJWC to implement the provisions of this Act. (as created by RA No 10630)

Sec 10

All government agencies enumerated in Section 8 shall, with the assistance of the JJWC and within one (1) year from the effectivity of this Act, draft policies and procedures consistent with the standards set in the law. These policies and procedures shall be modified accordingly in consultation with the JJWC upon the completion of the national juvenile intervention program as provided under Section 9 (d).

Sec 11

The existing Child Rights Center of the Commission on Human Rights shall ensure that the status, rights and interests of children are upheld in accordance with the Constitution and international instruments on human rights. The CHR shall strengthen the monitoring of government compliance of all treaty obligations, including the timely and regular submission of reports before the treaty bodies, as well as the implementation and dissemination of recommendations and conclusions by government agencies as well as NGOs and civil society.