ORDINANCE NO: 2024-571 Sponsored by: Honorable Priscilla M. Fernandez "AN ORDINANCE PROVIDING FOR THE CONVERSION OF THE CHILDREN'S CENTER SITUATED AT PUROK BLISS, BARANGAY LENIENZA, THIS CITY, INTO THE PAGADIAN CITY CENTER FOR CHILDREN IN CONFLICT WITH THE LAW (CICL) WHICH SHALL HEREINAFTER BE KNOWN AS "BAHAY PAG-ASA" AND, APPROPRIATING FUNDS THEREFOR" Be It Ordained by the Sangguniang Panlungsod of Pagadian City in Session Assembled: Section 1. - Rationale. Republic Act 9344 as amended by Republic Act 10630, mandates the establishment and operation of Bahay Pag-asa in every province and cities. Rule 99.a of the Revised Implementing Rules and Regulations of the law states that the DSWD shall develop standards for the establishment and operation of centers called Bahay Pag-asa for Children In Conflict with Law (CICL). In response to the increasing number of CICL in the Children's Center, there is thus a need to convert the center into a 24-hour child-caring institution which aims to provide short-term residential care for children in conflict with the law. Section 2. - Legal Bases. International Instruments 1985 United nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules) "Juvenile placed in institutions must be provided with care and protection, education, and vocational skills, with a view to assisting them to assume socially constructive and productive value in society." 1989 United Nations Convention on the Rights of the Child (UN CRC) State parties shall take all appropriate measure to promote physical and psychological recovery and social integration of a child victim of any form of neglect, exploitation or abuse; torture or any other forms of cruelty; inhumane or degrading treatment or punishment or armed conflicts. Such recovery and reintegration shall take place in an environment which fosters the health, self-respect, and dignity of the child. 1998 United Nations Rules for the protection of Juvenile Deprived of Their Liberty All juveniles should benefit from arrangements designed to assist them in returning to society, family life, education or employment after release. Procedures, including early release, and special courses should be devised to this end. Every juvenile should have the right to receive regular and frequent visits, in principle, once a week and not less than once a month, in circumstances that respect the need of the juvenile for privacy, contact and unrestricted communication with the family and the defense counsel. 1990 United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines) Institutionalization of young persons should be a measure of last resort and for the minimum necessary period, and the best interests of the young person should be of paramount importance. "A range of services and helping measures should be provided to deal with the difficulties experienced by young persons in the transition to adulthood. Section 3. - Policies (a) The City Government recognizes the vital role of children and youth in nation building and shall promote and protect their physical, moral, spiritual, intellectual and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and in civic affairs. (b) The City Government shall protect the best interests of the child through measures that will ensure the observance of international standards of child protection, especially those to which the Philippines is a party. Proceedings before any authority shall be conducted in the best interest of the child and in a manner which allows the child to participate and to express himself/herself freely. The participation of children in the program and policy formulation and implementation related to juvenile justice and welfare shall be ensured by the concerned government agency. (c) The City Government likewise recognizes the right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty and exploitation, and other conditions prejudicial to their development. (d) Pursuant to Article 40 of the United Nations Convention on the Rights of the Child, the City Government recognizes the right of every child alleged as, accused of, adjudged, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, taking into account the child's age and desirability of promoting his/her reintegration. Whenever appropriate and desirable, the state shall adopt measures for dealing with such children without resorting to judicial proceedings, providing that human rights and legal safeguards are fully respected. It shall ensure that children are dealt with in a manner appropriate to their well-being by providing for, among others, a variety of disposition measures such as care, guidance and supervision orders, counseling, probation, foster care, education and vocational training programs and other alternatives to institutional care. (e) The Administration of the juvenile justice and welfare system shall take into consideration the cultural and religious perspectives of the Filipino people, particularly the indigenous peoples and the Muslims, consistent with the protection of the rights of children belonging to these communities. (f) The City Government shall apply the principles of restorative justice in all its laws, policies and programs applicable to children in conflict with the law. Section 4 - Establishment of the Pagadian City Center for Children in Conflict with the Law Otherwise known as the "Bahay Pag-Asa." The City will convert the children's center to a youth center which shall be called "Bahay Pag-asa" that is a 24-hour child-caring institution to be managed by the CSWDO providing short-term residential care for children in conflict with the law (CICL) who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction. This facility will provide intensive intervention to CICL who have committed serious offense or have committed an offense for the second time or often but are not criminally liable as they are 15 years old and below. It shall include an Intensive Juvenile Intervention Support Center in accordance with the requirements of the law. In general, this center is a home, albeit temporary, for CICL where they are helped to appreciate their worth and rebuild their lives. PAGADIAN CITY CENTER FOR CHILDREN IN CONFLICT WITH THE LAW (CICL) Section 5. - Operational Guidelines. Target Beneficiaries Bahay Pag-Asa shall provide temporary care and appropriate interventions to the following CICL: Above 15 years old but below 18 years old whose cases are on trial/pending Above 12 years old to 15 years old, alleged to have committed serious crime under Section 20-A of RA 10630 with commitment order issued by the court. Above 12 years old to 15 years old, alleged to have committed an offense for the second time or oftener, previously subjected to a community-based intervention program but whose best interest can only be fully protected through placement in a residential care facility based on the local social welfare and development officer's assessment, either committed voluntarily by parents or with order for involuntary commitment from the court. Above 12 years old but below 18 years old whose best interest is to be placed temporarily in a facility either because his life is at risk in the community due to the alleged commitment of offense; it is likely that he will continue to harm the community or he has no family or no responsible individuals to provide adequate care. The facility shall also make its Intensive Juvenile Intervention Support Center available to CICL 12 to 15 years old who are undergoing intensive intervention in the community. Admission, Re-admission and Requirements Admission When a CICL is referred to Bahay Pag-asa, the staff shall: Conduct body search/inspection of belongings to ensure that the child does not possess any deadly weapon, prohibited drugs or items such as cigarette and alcoholic drinks, and/or money. Conduct intake assessment to determine the appropriateness of child's admission to the center. This involves the interview with the child as well as with the accompanying relative/referring party and review of the case study report. Submit the child for a physical examination to determine any need for immediate medical attention. Explain to the child and his/her parents or guardians the importance on the intervention, the child's expected length of stay and the center's child protection policy. The staff shall also discuss the roles and responsibilities of the parents with regard to the child's successful completion of the intervention plan and reintegration to the community. Orient the child on house rules and schedule of activities (please see Annex 1 for suggested schedule). Require the child and his/her parents or guardians to submit a personal letter expressing full commitment to the completion of the intervention plan. The letter shall include what they will do to successfully achieve the objective of the plan. Re-admission The center shall re admit a child who left without having completed his/her intervention plan goal. The following shall be immediately undertaken: Conduct of body search and inspection of belongings to ensure that no deadly weapon, prohibited drugs or items such as cigarette and alcoholic drinks, and/or money is under his possession. Conduct a physical examination to determine any medical concerns. Reiterate the significance of the child's completion of his/her intervention plan before reintegrating with family and community, and their obligations under the law. Inform the committing court, if applicable. Admission Requirements The following are the committing court, if applicable. Court order effecting child's involuntary commitment or a written authorization from parents. Initial social case study report, Section 7. - Promulgating Guidelines. The City through the City Social Welfare and Development Officer or his/her equivalent, as may be designated by the City Mayor, shall promulgate rules and guidelines in the implementation of this Ordinance subject to review and approval by the Sangguniang Panlungsod. Section 8. - Repealing Clause. All ordinances, resolutions, or laws of local effect inconsistent herewith are hereby modified, superseded or repealed accordingly. Section 9. - Separability Clause. Any section or provision of this ordinance which may be declared unlawful or unconstitutional shall not affect the other sections or provisions hereof. Section 10. - Effectivity. - This Ordinance shall take effect after its publication in the newspaper of general circulation in Pagadian City for three (3) consecutive weeks and upon posting in at least two (2) conspicuous places. ENACTED AND APPROVED by the Sangguniang Panlungsod (14th City Council) during its 83rd Regular Session on 17 July 2024 at the SP Session Hall, 4th Floor City Commercial Center (C3), Santiago District, Pagadian City.