DepEd Child Protection Case Management Protocols

[[Relay the concern in writing to the school head or Guidance Counselor]]

When there is a formal complaint, [[Ensure that the complaint is in writing and endorse to the school head or Guidance Counselor]]

Acccomplish the [[Intake Sheet for Adult to Learner]]

[[Relay the concern in writing to the school head or Guidance Counselor]]

Explain to the client what to expect in terms of both the Administrative and Criminals complaint process. Adminitrative; * The disciplining authority shall evaluate the complaint (RO or SDO). * Based on the results of the evaluation, the disciplining authority might initiate fact finding or investigation. * While there is a fact finding or investigation, an issuance of a letter for the respondent to comment shall be given for him/her to comment/counter. * Upon receipt of the response from the respondent, the disciplining authority may summon the parties for clarificatory questions. * Based on all the evidence and information collected, it will be determined if there is basis for filing an administrative complaint. * Turn-around time for determination of filing of admin complaint - within 10 days appointment of investigator - afterwhich, within 5 days, conduct of preliminary fact-finding or investigation - afterwhich, requiring within 3 days submission of counter comments or afidavit - After appointment of investigating officer, order of appointment shall be terminated 30 days after. - Within 5 days of termination of investigator appointment, investigator shall submit findings to the disciplining authority. - within 72 hours, the formal admin complaint shall be filed. Criminal Complaint; * Explain that the criminal complaints process is outside of the DepEd juristication. * The general process includes - If forwarded to the LSWDO, they shall coordinate with the PNP and vice-versa - The PNP proceeds with their own investigation and forwards the results to the prosecutors office. - The prosecutors office then detemines if there is probable cause for filing of case. - Once probable cause is determine, case is filed in court

Notarized Formal Complaint Evidence A certification of non-forum shopping To access DO 49, S. 2006 <a href="https://www.deped.gov.ph/wp-content/uploads/2006/12/DO_s2006_49.pdf" target="_blank">click here</a> [[]]

[[Who are involved in the learner protection concern?]]

Secure the URL of the said material, with the consent of the complainant. When securing the assistance of a school IT personnel, ensure that he/she signs an NDA form as well. Afterwards, refer the case to the [[Local Social Welfare and Development Office, PNP-WCPD, PNP-Anti Cyber Crime Unit or Hospital WCPU]]

Describe the content of the CSAEM in the intake sheet. Afterwards, refer the case to the [[Local Social Welfare and Development Office, PNP-WCPD, PNP-Anti Cyber Crime Unit or Hospital WCPU]]

Endorse all [[DO 49, s. 2006 requirements]] together with the intake sheet to the Schoold Division Office, copy furnished the DepEd Regional Office. In cases the receipt of complaint falls on weekends, or the disciplining authority is far from the area of incidence, the school CPC can email the disciplining authority while observing confidentiality and directly message the said discplining authority. For Last Mile Schools, the reporting deadline shall be adjusted to 72 hours, while still observing confidentiality. The following modes for reporting that can be explored are as follows; * Email * Messenger * SMS * Phone Call After forwarding the complaint, ensure that [[Post case endorsement activities]] are done

Endorse all [[DO 49, s. 2006 requirements]] together with the intake sheet to the DepEd Regional Office no later than 48 hours, copy furnishing the Schoold Division Office. In cases the receipt of complaint falls on weekends, or the disciplining authority is far from the area of incidence, the school CPC can email the disciplining authority while observing confidentiality and directly message the said discplining authority. For Last Mile Schools, the reporting deadline shall be adjusted to 72 hours, while still observing confidentiality. The following modes for reporting that can be explored are as follows; * Email * Messenger * SMS * Phone Call After forwarding the complaint, ensure that [[Post case endorsement activities]] are done

Choose from the following scenarios; [[A formal complaint was raised to the school]] [[An anonymous complaint was raised to the school]] [[No formal or anonymous complaint was raised, but there are informal talks within the school about the possible learner protection concern]] [[The Learner Protection Concern happened in school and there were witnesses]]

After intervening, [[ The victims, bystanders or school personnel who witnessed or were involved in the incidence shall report to the school head or guidance counselor]]

Refer to [[Local Social Welfare and Development Office, PNP-WCPD, PNP-Anti Cyber Crime Unit or Hospital WCPU]] Before finalize the intake sheet, determine as well If the case concerns [[OSAEC or CSAEM]] Asses the condition of the learner and provide the following services as needed; [[Psychological First Aid]] In cases wherein the learner is afraid to come to class or not attending the class, ensure [[Learning Continuity]] Simultaenously while refering the criminal complaint to the mandated agencies, the complaint shall also be forwarded to the proper DepEd disciplinining authorities for possible administrative complaints. Discplining authority [[For Teaching Personnel]] Disciplining authority [[For Non-Teaching Personnel]]

The chair or vice-chair of the CPC shall fill in the intake sheet (Annex B from DepEd Order no 40, series of 2012). As much as practicable, before filling in the intake sheet, ensure the presence of the learner's parents/guardian. If this is not possible, ensure that the class adviser is present. While the intake sheet is being prepared, there must be an ongoing interview with the learner(s), to further take note of the details and to determine if there are other safety or health concerns. The CPC member should inform the complainant of the requirements in filing administrative complaints based [[DO 49, s. 2006 requirements]] if the perpetrator is a school personnel [[If the perpetrator is a school personnel]] [[If the perpetrator is an outsider (non-school personnel)]]

The range of interventions plans include the following; * Restorative counseling * Coaching and mentoring * Learning Continuity in schools and in the centers (eg. shelters) * Ensuring the continuing safety of the learner (both offline and online) * Referal to other agencies for specific needs determined (eg. livelihood for the family, specialized counseling, etc)

Follow the [[Children at Risk or Children-In Conflict with the Law ]] protocols

What to do when [[An incidence happens]]

Provision of alternative delivary mode of education (modular, online classes or blended learning)

When formally refering the case to the mandated agencies, ensure that there is an endorsement letter to the mandated agencies signed by the school head. In addition to the endorsement letter, the intake sheet may be attached together with any other supporting documents gathered by the CPC. Mandated Agencies include the following; * The Local Social Welfare and Devt. Office * PNP Women and Children's Protection Desk * PNP Anti-CyberCrime unit (regional or national) for OSAEC/CSAEM cases * Hospital Based Women and Children Protection Units When there is a possible threat to the school reporting, seek the asisstance of the Barangay when endorsing the case to the mandated agencies. If there is a Hospital Based WCPU in your area, this is the recommended step since WCPUs are one stop shops already. A travel order shall be immediately issued for the CPC member who shall endorse the referal to the mandated agencies. Reimbursement of travel expenses shall be subjected to the usual auditing and accounting rules. The directory of WCPUs - <a href="https://www.childprotectionnetwork.org/wcpu-directory/" target="_blank">https://www.childprotectionnetwork.org/wcpu-directory/</a> After forwarding the complaint, ensure that [[Post case endorsement activities]] are done Inform the SDO about the actions taken

The CPC shall regularly convene to discuss the progress of learner's cases, and determine additional interventions needed. Complainants shall also be regularly informed of the status of the administrative proceedings.

[[Relay the concern in writing to the school head or Guidance Counselor]]

If the case involves Online Sexual Abuse or Exploitation of Children [[OSAEC]] or Child Sexual Abuse Materials [[CSAEM]] * In preparing the intake sheet for OSAEC/CSAEM cases, only describe or include in the narrative the OSAEC/CSAEM (no screenshots or printouts of the CSAEM) * If the complainant voluntary provides a copy of the CSAEM, a consent or NDA form will be signed by the CPC and complainint. The form or consent will include how the CSAEM shall be used, where it shall be stored and who will have the custody. * Ensure that copies of the CSAEM shared by the learner/complainant to the school CPC is not reproduced or shared with anyone else in the school. [[For CSAEM online]] [[For CSAEM stored only in the devices]]

[[Client debriefing]] [[Intervention Plans for Learners]] [[Monitoring]] [[Post-eval, termination and resolution]]

The school head and the guidance counselor shall provide a summary report on the results of the intervention plan to the SDO and RD Complainants shall be informed of the final results of the administrative proceedings.

PFA can be done by a qualified school personnel. If there is none, then refer to the LSWDO, Hospital based WCPU (for CSA cases), RGCs in the SDO, or appropriate agencies (NGOs, CSO, Mental health institutions)

[[Who are involved in the learner protection concern?]]

[[If the incidence is currently happening, school personnel shall intervene immediately]] [[ The victims, bystanders or school personnel who witnessed or were involved in the incidence shall report to the school head or guidance counselor]]

[[Adult to Learner Protection Concern]] [[Learner to Learner Protection Concern]] [[Learner to Adult Protection Concern]] [[Learners, but no others involved]]

Learner but no others involved (eg. destruction of property, self harm, vandalism, etc), follow the [[Children at Risk or Children-In Conflict with the Law ]] protocols

If the [[Incidence is currently happening]] If the incidence has happened already (inside the school), then [[Report to School Head]] If the incidence happened outside the school and after class, then [[Report to School Head]] [[If the incidence involves learners from different schools]] If the incidence involves [[OSAEC or CSAEM]] If the incidence is cyberbullying in nature (but not OSAEC or CSAEM), then [[Report to School Head]] For [[Anonymous reports of bullying]]

Bystanders should notify any school personnel of the incidence happening, who shall be the ones to separate the bully and victim. Assess the immediate health and safety needs of all the learners involved. Afterwards, [[Report to School Head]]

After filling up the intake sheet, the guidance counselor or designate shall inform the parents/guardians in writing. If the the case is cyberbullying in nature, but not OSAEC or CSAEM then follow the additional steps in addressing [[ cyberbullying]] incidences. Afterwards, the school shall initiate [[Fact-Finding and Documentation]]

If there is [[High threat level]] If there is [[Low threat level]]

The guidance counselor or designate shall; - Separately Interview in private the bully, victim and bystanders - For incidences with no bystanders, it would still be prudent to interview the classmates and teachers/other school personnel in order to establish previous behavioral manifestations which may help in the fact finding and documentation. - Provide an opportunity for the learner to answer the complaint in writing with the assistance of the parents/guardians. - Make appropropriate recommendations to the Child Protection Committee on proper [[Intervention]] , referal and monitoring. - Inform the parents/guardians of the steps to be taken, with the decision made by the school head in writing stating the facts and reasons for the decision. - Inform the parents/guardians that they may appeal the decision to the SDO. For instances the CPC believes that the appropriate criminal charges must be pursued against the bully or offending student, then follow the guidelines set forth under the DO 18, S. 2015 or the [[Children at Risk or Children-In Conflict with the Law ]] For [[False Accusations of Bullying]] As a general rule, [[confidentiality in handling bullying cases]] shall always be observed.

In cases were there are life threatening situations or may cause severe damage to the person of victim-learner, the victim sustained injury and similar situations, the the school shall take [[Immediate Action]]

The bully-learner committed simple misdemeanor or misbehavior such as but not limited to teasing, non-damaging school pranks, or no physical contact between the offender-learner and the victim-learner. School head shall instruct the guidance counselor or designate to fill up the [[Intake Sheet for Learner to Learner]] (same as intake sheet from DO 40, S. 2012) In the absence of the school head, the guidance counselor shall initiate the filling up of the [[Intake Sheet for Learner to Learner]] (same as intake sheet from DO 40, S. 2012)

If the incident requires the immediate attention or intervention, or the level if threat is high, appropriate action shall be taken by the school within twenty-four hours from the time of the incident. Afterwards, school head shall instruct the guidance counselor or designate to fill up the [[Intake Sheet for Learner to Learner]] (same as intake sheet from DO 40, S. 2012) In the absence of the school head, the guidance counselor shall initiate the filling up of the [[Intake Sheet for Learner to Learner]] (same as intake sheet from DO 40, S. 2012)

[[For Bullies]] [[For Victims and Bystanders]]

The intervention may come in the following forms: - Written reprimand; - Community service; - Suspension; or - Exclusion or expulsion. And all must be in accordance with the existing rules and regulations of the school or of the Department for public schools, and shall be treated acccording to their nature, gravity or severity and attendant circumstances. Aside from what is mentioned under DO 55, series of 2016, the ranges of interventions can also be lifted from the [[Interventions under DO 18, S. 2015]] For cyberbullying cases, [[cybersafety interventions]] shall also be implemented Also ensure that [[Post-case interventions]] is done

The interventions may come in the following forms: - Psychological First Aid - Psychosocial Support Program - Counseling And all must be in accordance with the existing rules and regulations of the school or of the Department for public schools, and shall be treated acccording to their nature, gravity or severity and attendant circumstances. Aside from what is mentioned under DO 55, series of 2016, the ranges of interventions can also be lifted from the [[Interventions under DO 18, S. 2015]] For cyberbullying cases, [[cybersafety interventions]] shall also be implemented Ensure that [[Post-case interventions]] is done

Identify if the case is [[CAR]] or [[CICL]]

If the student, after an investigation, is found to have knowingly made a false accusation of bullying, the said student shall be subjected to disciplinary actions or to appropriate interventions in accordance with the existing rules and regulations of the Department or the private school such as the [[Interventions under DO 18, S. 2015]] Also ensure that [[Post-case interventions]] is done

Client debriefing Monitoring Post-eval, termination and resolution

If the cyberbullying (non-osaec/csaem) happens via; * [[public posts and comments]] * [[group chats]] * [[Direct Messages, sender unknown by the victim]] * [[Direct Messages, sender known by the victim]]

On top of the usual information being documented via the Intake Sheet, the following extra measures should be done in cases of Cyberbullying. 1. Screenshot the post or comment 2. Save the URL (web address) 3. Assist the learner in reporting the cyberbullying content via the reports feature of the social media platform In cases wherein all parties involved are learners in school, ensure that proper interventions are provided in line with DO 55, S. 2013

On top of the usual information being documented via the Intake Sheet, the following extra measures should be done in cases of Cyberbullying. 1. Screenshot the cyberbullying group chat conversation 2. Save the URL (web address) 3. Assist the learner in reporting the cyberbullying content via the reports feature of the social media platform In cases wherein all parties involved are learners in school, ensure that proper interventions are provided in line with DO 55, S. 2013

On top of the usual information being documented via the Intake Sheet, the following extra measures should be done in cases of Cyberbullying. 1. Screenshot the cyberbullying chat conversation 2. Save the URL (web address) 3. Assist the learner in reporting the cyberbullying message, report the profile for community standards violation and block the profle via the reports feature of the social media platform

On top of the usual information being documented via the Intake Sheet, the following extra measures should be done in cases of Cyberbullying. 1. Screenshot the cyberbullying chat conversation 2. Save the URL (web address) 3. Assist the learner in reporting the cyberbullying message, report the profile for community standards violation via the reports feature of the social media platform In cases wherein all parties involved are learners in school, ensure that proper interventions are provided in line with DO 55, S. 2013

If an incident of bullying or retaliation involves students from more than one school, the school that was first informed of the bullying or retaliation shall promptly notify the appropriate administrator or school head of the other school so that both schools may take appropriate action. After coordinating with the other school, follow the in-school procedures for bullying, such as assessing whether the incidence is of [[Low threat level]] or [[High threat level]]

Reports of incidents of bullying or retaliation initiated by persons who prefer anonymity shall be entertained, and the person who reported the incident shall be afforded protection from possible retaliation; provided, however, that no disciplinary administrative action shall be taken against an alleged bully or offending student solely on the basis of an anonymous report and without any other evidence. Follow the in-school procedures for bullying, such as assessing whether the incidence is of [[Low threat level]] or [[High threat level]]

Any information relating to the identity and personal circumstances of the bully, victim, or bystander shall be treated with utmost confidentiality by the Child Protection Committee and the school personnel, provided, that the names may only be available to the school head or administrator, teacher or guidance counselor designated by the school head, and parents or guardians of students who are or have been victims of bullying or retaliation. Any school personnel who commits a breach of confidentiality shall be subject to appropriate administrative disciplinary action in accordance with the existing rules and regulations of the Department of Education or the private school, without prejudice to any civil or criminal action

CyberSafety interventions for both bullies and victims may include the following; * Counselling sessions on online safety * Specialized education sessions for individual learners on cyberbullying prevention such as "Be a Buddy, Not a Bully" which can be accessed via https://www.deped.gov.ph/e-learning-courses/ * Specialized education sessions for individual learners on digital citizenship such Facebook's "Digital Tayo" which can be accessed via https://wethinkdigital.fb.com/ph/en-ph/resources/

First assess if the learner falls under the [[Definition of CAR]] If the learner falls under the CAR definition, determine if there is a [[status offense violation]]. If there is no status offense violaton, then follow the following CAR Management Procedures. The first step is to do [[Reporting and Gathering of Information]] In all stages of the process, the school head or principal shall be informed of the cases and actions taken involving the CAR

Where was the offense commited? [[Committed in School]]

Child-at-Risk or CAR refers to a child who is vulnerable to and at risk of behaving in a way that can harm himself, herself or others, or vulnerable and at risk of being pushed and exploited to come into conflict with the law because of personal, family and social circumstances such as, but not limited to, the following: 1. being abused by any person through sexual, physical, psychological, mental, economic or any other means, and the parents or guardian refuse, are unwilling, or unable to provide protection for the child; 2. being exploited including sexually or economically; 3. being abandoned or neglected, and after diligent search and inquiry, the parents or guardians cannot be found; 4. coming from a dysfunctional or broken family or being without a parent or guardian; 5. being out of school; 6. being a street child; 7. being a member of a gang; 8. living in a community with a high level of criminality or drug abuse; and 9. living in situations of armed conflict. Moreover, it may also refer to a child who has violated ordinances enacted by local governments concerning juvenile status offenses such as, but not limited to, curfew violations, truancy, parental disobedience, anti-smoking and antidrinking laws, as well as light offenses and misdemeanors against public order or safety such as, but not limited to, disorderly conduct, public scandal, harassment, drunkenness, public intoxication, criminal nuisance, vandalism, gambling, mendicancy, littering, public urination, and trespassing. Children-at-Risk also includes those who commit: 1. A status offense under Section 57 of RA No. 9344 as amended; 2. Prostitution under Section 202 of the Revised Penal Code, as amended; 3. Mendicancy under Presidential Decree No. 1563; and 4. Sniffing of rugby under Presidential Decree No. 1619. The Juvenile Justice and Welfare Council (JJWC) shall, from time to time, issue resolutions identifying other offenses for which a child shall be considered as a CAR and not a CICL (Rule 2 (8), RIRR of RA No. 9344, as amended).

When a CAR has violated local ordinances concerning juvenile status offenses under Section 57-A of RA No. 9344, as amended, such as, but not limited to, curfew violations, truancy, parental disobedience, anti-smoking and anti-drinking laws or has committed light offenses and misdemeanours against public order or safety such as, but not limited to, disorderly conduct, public scandal, harassment, drunkenness, public intoxication, criminal nuisance, vandalism, gambling, mendicancy, littering, public urination, and trespassing, the child shall be subjected to the following: 1. [[CAR Intervention programs]] 2. [[CAR Restorative justice procedure]]

Intervention programs, such as counseling, attendance in group activities for CAR, and for the parents, attendance in parenting education seminars; and

2. Restorative justice procedure shall be conducted by the CPC acting as Restorative Justice Panel (RJP) as follows: Reporting - Anybody who witnesses or has direct knowledge of the incident will report to the guidance counselor or guidance teacher or to a member of the CPC; Upon receipt of such information, the guidance counselor or guidance teacher shall gather relevant information about the child, including his/her family background for validation purposes. Afterwards, convene the [[RJP]] Ensure that the [[Principles of Restorative Justice]]shall always be applied.

Reporting of children at risk of committing criminal offenses because of personal, family and social circumstances shall be the responsibility of any school personnel, teaching and nonteaching, or any member of the community who has the knowledge thereof. He or she shall immediately refer the information to the guidance counselor or guidance teacher. Upon receipt of such information, the guidance counselor or guidance teacher shall gather relevant information about the child, including his/her family background for validation purposes. Afterwards, do [[ Profiling and Risk Assessment ]]

Based on the relevant information gathered, the guidance counselor or guidance teacher shall assess the child at risk using the Profiling and Initial Risk Assessment Tools for Children-at-Risk (Appendix A of DO 18, Series of 2015). Afterwards, [[develop an intervention plan]]

Based on the data gathered and risk assessment conducted, the guidance counselor or guidance teacher shall: a. Inform the school head/principal about the CAR; b. Call the parent or guardian for a case conference; c. Draft an appropriate intervention plan consented to by the CAR, his/her parent/guardian, including the therein indicators of success or improvement; d. Report to the school head/principal the agreed intervention plan; and e. When necessary, the CPC shall provide support as provided in DO No. 40, s. 2012. Intervention plans can be [[primary interventions ]] or [[ secondary interventions]] After developing the intervention plan, [[implement the intervention plan ]]

The school head/principal shall ensure that the intervention plan made during the case conference shall be implemented. One must also ensure that proper [[monitoring of the intervention plan ]] of the intervention plan is done

The guidance counselor or guidance teacher shall monitor the implementation of the intervention plan and the progress of the CAR based on the agreed indicator of improvement or success as a result of the intervention plan. The guidance counselor or guidance teacher shall also submit a written report to the SDO, through the school head/principal. After the successful implementation of the intervention plan, one can initiate [[termination of the CAR intervetion]]

The intervention for the CAR shall only be terminated by the school head/principal upon recommendation of the guidance counselor or guidance teacher. After the termination of the CAR intervention plan, take note of [[CAR CICL Post-case activities]]

Convening of the RJP - When appropriate and after consent is given by the victim, the offender and their respective parents, a Restorative Justice Panel (RJP) shall be convened with the member of the BCPC or the LSWDO; As much as possible, the consent should be provided in writing. Afterwards, conduct [[FGC]]

FGC- Family Group Conferencing (FGC) shall be conducted by the RJP to come up with an agreement using Appendix E (Restorative Justice Agreement Form under DO 18, S. 2015) of these guidelines. This is to repair the harm done by the CAR to his/her victim and to the community and when appropriate, to include the intervention plan for the offender and the victim; and Ensure that there is [[Implementation and monitoring of CAR intervention plan]]

Implementation and Monitoring - The RJP and a member of the BCPC or the LSWDO will monitor the implementation of the agreement and the intervention plan. After the implementation, one can initiate [[termination of the CAR intervetion]]

When a pupil/student commits a serious offense punishable under special laws such as Section 20-A of RA No. 9344, as amended, or under the Revised Penal Code, the school head/principal with the assistance of the guidance counselor or guidance teacher shall report the case immediately to the law enforcement officer and refer the case using Appendix B of DO 18, series of 2015 (CICL Intake Form) of these guidelines to the LSWDO for appropriate action. However, before the referral, the following [[ CICL management procedure]] shall be strictly observed:

1. Properly identify oneself and present proper identification to the child; 2. Immediately notify the child's parents or guardians, and the LSWDO about the incident; 3. Explain to the child, in simple language and in a language or dialect the child can understand, the reason for the report, and the referral to the proper authorities; 4. Accomplish CICL Intake Form (Appendix B of these guidelines) in triplicate copies; and 5. The notification and transfer of the physical custody of the child to the parents and ''LSWDO'' shall be made immediately. Depending on the following scenarios, the learner shall undergo different protocols with the LSWDO and school; [[If the learner is above 12 up to 15]] [[If the learner is above 15 up to below 18]] [[If the learner is 15 years of age and below]] [[If the learner is above 18]] When refering to the LSWDO or PNP, use (Appendix C - referal form for service under DO 18, series of 2015)

Children above 12 years of age up to 15 years of age who are exempt from criminal responsibility and who commit [[Serious Crimes under Section 20 of RA9344]] as amended, shall be deemed a "neglected child" under Presidential Decree No. 603, as amended and shall be mandatorily placed in a special facility within the youth care facility or Bahay Pag-asa called the Intensive Juvenile Intervention and Support Center (IJISC). In order to facilitate the transfer to Bahay Pag-Asa, the school head or principal shall immediately refer the case to the LSWDO of the LGU where the offense was committed. In the absense of the LGU LSWDO it shall be refer to a DSWD social worker (regional or central DSWD) This is applicable for cases of children above 12 years up to 15 years of age who have committed: 1) serious crimes under Section 20-A; 2) reported for repetition of offenses under Section 20-B; and 3) found to be abandoned, neglected or abused by his/her parents under Section 20 (RA No. 9344, as amended). Refer to the LSWDO in order to determine appropriate [[Tertiary Level Intervention]] If the learner who is 15 years of age and below does not commit the [[Serious Crimes under Section 20 of RA9344]] , then the [[CAR Restorative justice procedure]] shall apply.

Serious crimes under Section 20-A of RA No. 9344, as amended, are limited to the following: a. Parricide; b. Murder; c. Infanticide; d. Kidnapping and serious illegal detention where the victim is killed or raped; e. Robbery with homicide or rape; f. Destructive arson; g. Rape; h. Carnapping where the driver or occupant is killed or raped; and i. Offenses under Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002) are punishable by more than twelve (12) years of imprisonment.

CICL have the right to education even while in detention. Agencies operating detention facilities, youth homes or rehabilitation centers shall coordinate through its MDT, with the SDO within its locality, for the provision of education for CICL. Education-related interventions shall be provided to the CICL as mentioned in Section 14 or the [[Tertiary Level Intervention]] of these guidelines and procedures, whichever is best suited to the CICL's need and situation. The MDT shall supervise the education of CICL in Bahay Pagasa and other youth homes and rehabilitation centers. The institutional arrangement between the Bahay Pag-asa and the school shall be agreed upon by the MDT and the school.

A. Tertiary level interventions are remedial in nature and are specifically focused on the CICL. These interventions aim to repair the damage created as a result of his or her offense, restore the child's wellbeing, and prevent re-offending. B. Interventions at the tertiary level are necessary to respond to circumstances where a child is at serious risk of or is being abused, exploited, neglected or harmed in any way. These include measures to avoid unnecessary contact with the formal justice system and other measures to prevent re-offending, such as: [[diversion program]] rehabilitation, reintegration and aftercare services (such as those delivere in [[Bahay Pag-Asa, Detention and other Rehablitation Centers. ]] C. The LSWDO will conduct an assessment to develop the specific intervention plan for the CICL. The school head and the guidance counselor or guidance teacher, in coordination with the MDT, shall ensure the strict implementation of the education component of the individualized intervention plan prepared for the CICL. Likewise, the school shall at all times guarantee that education is provided and available for CICL through various available learning schemes such as, but are not limited to: 1. Alternative Learning System (ALS); 2. Alternative Delivery Mode (ADM); 3. Open High School Program (OHSP); 4. Program EASE (Effective Alternative Secondary Education); 5. Home Study Program; 6. Internet-based Distance Education Program (iDEP); 7. Accreditation and Equivalency Program (A&E); 8. Flexible Learning Option (FLO); and 9. Modified In-School Off-School Approach (MISOSA). After the provision of the tertiary level interventions, ensure the implementation of [[CAR CICL Post-case activities]]

When the pupil/student who commits an offense not covered under Section 20-A of RA No. 9344, as amended, is above 15 years but below 18 years of age; [[If there is no complainant]] Victim and the parents or guardians [[does not want to go through the RA 9344 standard procedures]]

Principle of Restorative Justice Restorative justice refers to a principle that requires a process of resolving conflicts with the maximum involvement of the victim, the offender and the community. It seeks to achieve the following: A. Reparation for the victim; B. Reconciliation of the offender, the offended and the community; C. Reassurance to the offender that he/she can be reintegrated into society; and D. Enhancement of public safety by activating the offender, the victim and the community in prevention strategies (Rule 5, RIRR of RA No. 9344, as amended).

Proceed to the [[CAR Restorative justice procedure]]

Submission of written consent not to undergo the standard RA9344 procedures, and proceed to the [[CAR Restorative justice procedure]] use, appendix E under DO 18, Series 2015.

If the learner does not commit the [[Serious Crimes under Section 20 of RA9344]], the [[CAR Restorative justice procedure]] shall apply

These guidelines and procedures however, shall not cover students who are 18 years of age and above and are still in school unless documents are submitted showing that they are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition (RA No. 7610).

Primary level interventions include general measures to promote social justice and equal opportunity, which tackle the perceived root causes of offending. These shall include programs on advocacy, and socio-economic, health and nutrition, training and education services which shall be provided in collaboration with the family and the community where the child lives. Strategies and Programs in Schools Intervention and program models are aimed at reducing delinquency among pupils/students, including learners and out-of-school youth under the Alternative Learning System and Alternative Delivery Mode of the Department. These include strategies which will not only save young lives, but also prevent the development of adult criminals at the onset and thus reduce crime. In this regard, the following activities are geared toward information and prevention campaigns against violence and risky behavior which also integrate the primary interventions provided in the Comprehensive National Juvenile Intervention Program (CNJIP): [[Examples of primary interventions]]

A. Secondary level interventions are preventive and protective in nature. These are strategies that assist the child identified as at risk to prevent him/her from committing an offense. Interventions are needs-specific and age-appropriate to the CAR, which will lead the child back to his/her expected development course. Active involvement of the family, including the community, is essential at this level to ensure better results. B. The initial identification of CAR shall be conducted by the guidance counselor or guidance teacher using the Identification and Risk Assessment Tool (Appendix A of DO 18, Series of 2015 ) to come up with the profile of the pupil/student. However, where appropriate, the child shall be referred to the proper government agency or nongovernment organization where a psychologist, psychiatrist, or social worker may conduct professional assessment. [[Examples of secondary interventions]]

A. Positive Youth Development (PYO) Programs which engage young people in proactive and constructive activities geared towards developing their strengths and character. This may be done through: 1. Creation of Youth Resource Center and implementation of after-school programs; 2. Institutionalization of activities for children and youth such as congress, camp, summit, forum; 3. Strengthening of child and youth organizations like Sangguniang Kabataan (SK), Pag-asa Youth Association of the Philippines (PYAP) and ChurchBased Organizations, Barangay Children Associations, Children Federations like National Coalition of Children Association of the Philippines (NACCAP) and the National Anti-Poverty Commission - Children and Youth Sector. B. Parent-Child Integration Program which allows family encounter and bonding. Parents are led to be more involved in their children's schooling in the process; C. School-wide behavior management program using positive discipline and non-violent approach to student discipline concerns; D. Value formation activities and life skills training for the children; E. Health services; and F. Seminars, workshops, and trainings that promote awareness on the ill-effects of risky behavior, that enhance parent effectiveness skills, that develop coping or adjustment skills among children/youth and that explore venues that provide for home-school-community collaboration to achieve the goal of the primary intervention.

The recommended intervention plan developed by the guidance counselor or guidance teacher, in cooperation of the CPC and other stakeholders, should be responsive to the needs of the child and based on individual assessment. It includes, but shall not be limited to, the following: 1. Guidance counseling; 2. Peer counseling; 3. Behavior Management Programs, such as anger management and conflict resolution; 4. Parenting skills training or parent effectiveness seminar; 5. Home visitation service; 6. Mentoring program; 7. After-school activities, such as remedial classes, and extracurricular activities; 8. Referral of children with special needs to other serviceproviders such as DSWD, Child Protection Unit, NGOs; and 9. Other interventions which may be provided by the local government in cases of violation of the local ordinances. In addition, the CAR and his or her family may be referred to LGU and NGO service-providers to allow them to participate in and access the following CNJIP secondary interventions: 1. Youth organizations such as Pag-Asa Youth Organization and Faith-based Organization, Children Association/Federation; 2. Psychosocial intervention such as group/individual sessions by the social worker with CAR; 3. Involvement of former CICL in self-help groups as advocates; 4. Family therapy for the family of CAR; 5. Programs involving foster families; 6. Special Drug Education Centers (SDEC); 7. Family Drug Abuse Prevention Program (FDAPP); and 8. Birth Registration in barangays.

If a CICL has been placed under a diversion program pursuant to RA No. 9344, as amended, and the diversion plan includes an education component, the BCPC or LCPC with the LSWDO and/or the Division Guidance Supervisor shall endorse the child and the diversion plan to the school. Upon receipt of the diversion plan, the school head/principal, guidance counselor or guidance teacher and teacher-adviser shall hold a meeting with the parents of the CICL to discuss how the diversion plan shall be implemented. The principal shall ensure that the responsibilities of the school under the plan are complied with. A report on the implementation of the diversion plan shall be submitted by the school head/principal to the BCPC or LCPC, LSWDO and the SDO through the Division Supervisor for guidance and counseling. Confidentiality shall be observed in handling reports to avoid labelling and discrimination of the CICL in the process. Moreover, it is the duty of all concerned school personnel and all those who will come in contact with the CICL in the school to ensure that his/her rights are always upheld during the implementation of the intervention plan.

[[Child Victim]] [[Reporting]] [[Recording]] [[Confidentiality]]

All proceedings in handling cases of CAR or CICL shall be documented by the guidance counselor or guidance teacher using the necessary annexed forms (Appendices A, B, C, D, and E of these guidelines and Annex A of DO No. 40, s. 2012). All elementary and secondary schools shall submit to the SDO the annual report of all cases involving CAR and CICL in schools (Appendices D and F of these guidelines & Annex A, DO No. 40, s. 2012). The SDO shall consolidate the reports of all the schools within the Division using the report forms (Appendices D and F) and submit the same to the Regional Office (RO). The RO shall submit a consolidated report of the cases of CAR and CICL within the region to the RJJWC, and to the Central Office through the Office of the Undersecretary for Legal and Legislative Affairs.

In the conduct of all the proceedings, the victim who is a pupil/student of the school shall be provided with the appropriate intervention in accordance with the provisions of DO No. 40, s. 2012 and DO No. 55, s. 2013.

The data on the number of cases of CAR and CICL, and the action taken shall be recorded using the attached forms in these guidelines, Appendices A, B, C, and consolidated for reporting to the SDO using Appendices D and F. Consistent with Section 19 of these guidelines, detailed information of all the procedures done to the CAR or CICL such as intervention programs shall be faithfully and accurately recorded for the purpose of ensuring the correct application of the provisions of RA No. 9344, as amended.

The status and records of the cases of the CAR and CICL in all agencies involved shall be kept confidential. Records in school shall be solely under the custody of the guidance counselor or guidance teacher and shall only be released upon the expressed written consent of the child and his or her parents or through a court order. Unauthorized disclosure of the confidential records of the CAR or CICL shall constitute an administrative offense and shall be dealt with accordingly.

Online sexual abuse or exploitation of children (OSAEC) refers to the use of ICT as a means to abuse and/or exploit children sexually, which includes cases in which offline child abuse and/or exploitation is combined with an online component. This can also include, but is not limited to, the production, dissemination and possession of CSAEM; online grooming of children for sexual purposes; sexual extortion of children, sharing image-based sexual abuse; commercial sexual exploitation of children; exploitation of children through online prostitution; and live-streaming of sexual abuse, with or without the consent of the victim: Provided, That OSAEC may be used interchangeably with online child sexual exploitation or abuse (OCSEA);

Child sexual abuse or exploitation material or child sexual abuse material (CSAEM/CSAM) refers to any representation, whether offline, or by, through or with the use of ICT, by means of visual, video, audio, written, or any combination thereof, by electronic, mechanical, digital, optical, magnetic or any other means, of a child engaged or involved in real or simulated sexual activities, or depicting acts of sexual abuse or exploitation of a child as a sexual object. It shall also include materials that focus on the genitalia or other private body parts of a child. For purposes of this Act, CSAEM may interchangeably be referred to as CSAM; For the purposes of defining children under OSAEC and CSAEM; Child refers to a person below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of physical, mental, intellectual or sensory disability or condition. For purposes of this Act, a child shall also refer to: (1) A person regardless of age who is presented, depicted or portrayed as a child as defined herein; and (2) Computer-generated, digitally or manually crafted images, or graphics of a person who is represented or who is made to appear to be a child as defined herein.

(display: "Header") Welcome to the DepEd Child Protection Case Management Protocols guide. This interactive resource supports school personnel, guidance counselors and Child Protection Committees (CPC) in managing child protection cases in schools. Aligned with the Department of Education's policy guidelines, it covers key processes such as reporting, intake, referrals, documentation, and intervention monitoring, addressing both administrative and criminal procedures to safeguard learners' well-being. Developed by the DepEd Learner Rights and Protection Office with support from Stairway Foundation and input from Child Protection Specialists as well as learner representatives, this guide offers step-by-step scenarios for assessing incidents and coordinating with agencies. While not exhaustive, it provides an easier means of understanding various case management pathways in schools. To start using this guide, first determine [[how was the learner protection concern encountered?]]

<div id="constant-header"> DepEd Case Management Protocols <div id="logo-container"> <img src="https://i.imgur.com/fBLUk5U.png" alt="Logo 1" class="header-logo"> <img src="https://i.imgur.com/uRPZdAe.png" alt="Logo 2" class="header-logo"> <img src="https://i.imgur.com/Dm2K12R.png" alt="Logo 3" class="header-logo"> </div> </div>

<div id="constant-header">DepEd Case Management Protocols</div>