LEGISLATION ON CHILD ABUSE

LEGISLATION ON CHILD ABUSE

Republic Act 7610 - An Act Providing for Stronger Deterrence & Special Protection Against Child Abuse, Exploitation & Discrimination Presidential Decree 603 - The Child & Youth Welfare Act

Article 1. Section 2.
Declaration of State Policy & Principles It is hereby declared to be the policy of the State to PROVIDE SPECIAL PROTECTION TO CHILDREN FROM ALL FORMS OF ABUSE, NEGLECT, CRUELTY, EXPLOITATION & DISCRIMINATION and other conditions prejudicial to their development, provide sanctions for their commission and carry out a program for prevention and deterrence of and crisis intervention in situations of child abuse, exploitation & discrimination.

The State shall intervene on behalf of the child when the parents, guardian, teacher or person having care or custody of the child fails or is unable to protect the child against abuse, exploitation & discrimination or when such acts against the child are committed by the said parent, guardian, teacher or person having care and custody of the same. It shall be the policy of the State to protect & rehabilitate children gravely threatened or endangered by circumstances which affect or will affect their survival & normal development & over which they have no control.

THE BEST INTERESTS OF CHILDREN SHALL BE THE PARAMOUNT IN ALL ACTIONS CONSIDERATION CONCERNING THEM . . . . . . . Every effort shall be exerted to promote the welfare of children & enhance their opportunities a useful and happy life.

NATIONAL LAWS FOR REPORTING CHILD ABUSE

Reporting is the Law

R.A. 7610 & P.D. 603 mandate that physicians report suspected cases of child abuse to government authorities. These laws state that the head of any public or private hospital, medical clinic and similar institutions, as well as the attending physician and NURSE, shall report the examination and/

Reporting is the Law

Or treatment of any child who appears to have suffered abuse to the appropriate authorities within 2 days time. Failure to report a possible case of child abuse within 48 hours of the examination is punishable as stated in RA 7610 & PD 603. RA 7610 & PD 603 also grant all persons acting in good faith immunity from any liability that may arise as a result of filing a report.

REPORTING CHILD ABUSE

The Legal Definition . . . RA 7610
CHILD * Person below 18 years of age. * Person over 18 years of age unable to care for or protect self from abuse, neglect, cruelty or exploitation due to mental or physical disability

Child Abuse or Maltreatment . . . Whether habitual or not, regardless of intention, regardless of cooperation by child. . . which includes the following ... Cruelty - Any act by word or deed which debases, degrades or demeans the intrinsic worth and dignity of a child.

Physical Abuse

- Includes but is not limited to laceration, fractured bones, internal injuries, severe injury or serious bodily harm

Psychological Abuse - Harm to childs psychological or intellectual functioning exhibited by a change in behavior, emotional response or cognition

Neglect

- Failure to provide, for reasons other than poverty, adequate food, clothing, shelter, basic education or medical care so as to endanger the physical, mental, social and emotional growth and development of the child

Sexual Abuse - Includes the use of a child to engage in sexual intercourse or lascivious conduct, molestation or prostitution of, or incest with, regardless of consent

Lascivious Conduct - Includes intentional touching of the genitalia, anus, groin, breast inner thigh or buttocks of a child, directly or through clothing - Introduction of any object into the genitalia, anus or mouth of a child

Exploitation - Includes the performance or posing of any child in obscene exhibition and indecent shows - Selling or distribution of child pornography materials

The Legal Mandate RA 7610 & PD 603

Who Should Report - Attending physician - Attending NURSE - Head or administrator of health care unit, institution * Reporter is granted immunity from any liability arising from reporting

What to Report - Suspicion of child abuse - Examination or treatment of child who appears to have suffered abuse - Medical diagnosis of child abuse * Any abuse, whether habitual or not, and regardless of intention When to Report - W/in 48 hrs of learning of the abuse * Always, whether or not parent/ guardian files a criminal case

Why to Report - To protect the child from high risk of further abuse - To protect siblings or other children at risk - To notify authorities of suspicion of abuse - To update national registry or child maltreatment * Notification is not accusation

How to Report - Written report preferred * When absolutely necessary, oral report suffices Where to Report - To any of the ff. agencies: DSWD, Local Govt. Unit, NBI, PNP, CIDG, BB 163, QRT, CHR Failure to Report - Sanctions stipulated: fine of no more than P 2,000. * Places child at risk for reinjury

REPORTING PARTY

FLOW CHART: REFERRAL NETWORK FOR CHILD ABUSE CASES

One who has knowledge about a child who is abandoned, abused/exploited or neglected must report to the authorities within 48 hours in writing by telephone or personal contact. - Child/Youth - Brgy Officials - Police/Law Enforcers. - Hospitals/Clinics/Private Physician - Media (Radio, TV Print) - Parents/Guardians/Relatives. - Concerned Citizens/Organization. - School Officials/Teachers. - Other government agencies. - Non-government agencies. - Commercial Films/Photographic Processors. - Church.

Barangay Committee for the Welfare of Children (BCWC) Philippine National Police (PNP)

DSWD or CSSDO

PROCECUTOR (FISCAL) Investigation: Files case in court or dismisses complaint

REGIONAL TRIAL COURT Case disposition: Conviction or acquittal

Hospitals/Clinics/ Private Physician NBI

A. Assess situation of the child. - contact family/relatives of child. - contact police for blotter and assistance. - refer child for medical examination. B. Provide appropriate social services to child and family. C. Assist the victim/complainant/family to avail of legal assistance. D. Coordinate with other agencies in the provision of rehabilitation services including aftercare.

Responsibilities
Enforcing Integrated Care

Integrated Medical Care requires treatment of Physical injuries The safety of the child is a priority & is integral to the medical care of the abused child, cooperation w/ Social Workers & governmental agencies will facilitate the provision of integrated care Managing the Media Confidentiality of the childs identity & medical findings must be enforced

What are the Effects of Child Abuse ?

Child Abuse adversely affects the normal, physical and psychological growth, and development of the child. It may vary depending on the kind and degree of abuse.
Physical Effects: Malnutrition, STD, AIDS, unwanted pregnancy, permanent physical disabilities, drug addiction and death.

Psychological & Social Effects: Withdrawal syndrome, learning disabilities, extreme depression, sense of alienation, suicidal/self destructive tendencies, emotional breakdown, aggressive behavior, low self image, relationship problems, rejection, fear, confusion, distrust to others, truancy and running away from home. How do You Identify a Suspected Victim of Child Abuse

A suspected victim of child abuse can be identified through the ff. Manifestations:

Physical: Unexplained, unusual and periodic bodily injuries, bruises, burns, human bite marks, abrasion, lacerations, contusions, blade marks, and weight loss

Psychological: Extreme fear, confusion, anxiety, anger, depression, shock, withdrawal, aggressiveness, blank stares, absent-mindedness, stealing, lying, suicidal tendencies and regressive behavior

Who is a Child Abuser ?

A child abuser is any person regardless of age, sex, race, creed or color who deliberately commits or perpetuates any acts defined as constituting child abuse. A child abuser is usually a person known or trusted by the child--can be a family member, a relative, neighbor, friend, teacher, baby sitter or caregiver. He or she may also be a stranger to the child. Study shows that most child abusers have been victims of child abuse

Why do Parents/Adults Abuse Children ? Parents/adults may abuse children due to ignorance, emotional immaturity, stresses such as marital or economic problems, a predisposition toward maltreatment (perhaps as a result of having been abused, molested or neglected as a child), lack of constructive outlets for tension, anger or aggression, or poor impulse control. In addition, parents and other adults may abuse children as a result of mental disturbance, sexual perversion, and those under the influence of alcohol and prohibited drugs.

Use power to help people. For we are given power not to advance for our own purposes, nor to make a great show in the world, nor a name. There is but one just use of power, and it is to serve people. George Bush

Thank You