REPORTING A CHILD ABUSE AND EXPLOITATION CASE Flashcards
To Whom a Report of Child Abuse be made
Department of social welfare and development
Local social welfare and development office of the province, municipal or city
Philippine National Police
National Bureau of Investigation
Other law enforcement agencies
Barangay or barangay council for the protection of children (BCPC)
Who has the duty to report cases of child abuse
Teachers and school administrators
Probation officers
Government lawyers
Law enforcement officers
Barangay officials
Corrections officers
Other government officers and employees whose work deals with children
Who are mandated to report child abuse
Head of the public or private hospital , medical clinic or similar institution treating the child
Attending physician or nurse
Note:
Report should be made within 48 hours to the DSWD or the LSWD
Failure to report has fine of P2,000 or as may be determined by the court
liability in reporting child abuse
Any person who, acting in good faith, reports a child abuse case shall be free from any civil or administrative liability. As much as possible, the persons who report should give their names and contact details for further contacts, if necessary. Their protection and anonymity shall be assured.
Important information to when reporting child abuse cases
Name
Age
Address or whereabouts of child
the reasons that child may be at risk or in an abusive or exploitative situation) and the alleged perpetrator.
However, any relevant information to suspect that a child is being abused or exploited shall suffice to initiate any action and investigation
Who can file a complaint of child abuse
Offended party
Parent or legal guardian
Ascendant or collateral relative w/in the 3rd degree of consanguinity
Duly authorized officer or DSWD social worker or LSWDO
Officer, social worker or representative of a licensed child caring institution
Punong barangay
At least 3 responsible citizens of the community where the abuse took place who have personal knowledge of the offense committed
How many hours should DSWD investigation commence after the receipt of report of child abuse
Not later than 48 hrs. from receipt of report.
Explain the proceeding of the Investigation of the DSWD
Not later than 48 hrs. from receipt of report.
By immediately proceeding to the home or establishment where the alleged child victim is found
Interviewing the child to determine whether an abuse was committed, identity of perpetrator, need to remove child from home/establishment, or replacing him under protective custody.
Duties of DSWD if there is child abuse
File petition for the involuntary commitment of the child victim under P.D. 603 if investigation confirms commission of child abuse.
Ask the court to suspend the parental authority of the parent or guardian who abused the victim.
In cases of sexual abuse, ask permanent deprivation of parental authority.
Discuss the protective custody by DSWD
If the investigation discloses sexual abuse, serious physical injuries or life-threatening neglect, the duly authorized officer or social worker of DSWD shall immediately remove the child from his home or the establishment where he was found and place him under protective custody.
The officer who takes protective custody of the child shall be exempt from any civil, criminal and administrative liability therefor
Duties of DSWD after taking protective custody
Inform police or other law enforcement agency.
Refer the child to a government medical or health officer for physical/mental exam and/or medical treatment.
Determine rehabilitation or treatment program required.
Gather relevant data for filing criminal charges against abuser.
What is an affidavit
Also referred to as a Sworn Statement
Is a statement of facts pertaining to an incident;
Executed by a person having personal knowledge of the facts s/he is attesting to; and
Subscribed before a person with authority to administer oath (e.g., fiscal, judge, notary public)
Who prepares an affidavit
Lawyer
Paralegal or community advocate
Police,
Affiant.
Forms of affidavit
Affidavits in QUESTION AND ANSWER Form
Narrative
Judicial Affidavits