THE CHILD AND YOUTH WELFARE CODE

Case Overview and Summary

Summary of the Child and Youth Welfare Code

Declaration of Policy and General Principles (Articles 1-16)
- Declares the child as an important asset of the nation and outlines the rights and responsibilities of children.
- Emphasizes the role of the home, school, church, and community in the child's development.
- Highlights the State's duty to aid parents and promote the child's welfare.

Child and Youth Welfare and the Home (Articles 17-67)
- Parental Authority (Articles 17-26)
- Outlines joint parental authority and responsibilities over legitimate or adopted children. (Article 17)
- Defines the roles of grandparents, guardians, and the Department of Social Welfare in exercising parental authority. (Articles 18-22)
- Repeals and replaces Civil Code provisions on adoption with new adoption regulations. (Articles 27-42)
- Rights of Parents (Articles 43-45)
- Parents have the primary right and obligation to provide for their child's upbringing. (Article 43)
- Parents retain rights over the child's person and property as stated in the Civil Code. (Article 44)
- Parents have the right to discipline their child for character formation. (Article 45)
- Duties of Parents (Articles 46-57)
- Outlines general duties of parents toward their children, including providing affection, guidance, support, and moral and civic values. (Article 46)
- Parents should involve children in family affairs, win their confidence, and encourage their talents. (Articles 47-50)
- Parents should cultivate reading habits, monitor peer associations, and prevent vices. (Articles 51-55)
- Children have the right to choose their career and spouse, subject to parental advice. (Articles 56-57)
- Liabilities of Parents (Articles 58-60)
- Parents are responsible for damages caused by their children and can be criminally liable for neglect or exploitation. (Articles 58-59)
- Penalties for violations related to child neglect or exploitation. (Article 60)
- Assistance to Parents (Articles 61-66)
- Provisions for admonishing negligent parents, medical and financial aid, and assistance to widowed or unmarried mothers. (Articles 61-66)
- Foster Care (Articles 67-70)
- Regulations for foster homes, institutional care, day-care services, and treatment of children in foster care. (Articles 67-70)

Child and Youth Welfare and Education (Articles 71-78)
- Ensures access to educational opportunities, including compulsory elementary education and assistance for indigent parents. (Articles 71-72)
- Provisions for nursery schools, special classes, and adequate school facilities. (Articles 73-75)
- Outlines the role of the home in supporting the school's programs and the importance of parent-teacher associations. (Articles 76-77)

Child and Youth Welfare and the Church (Articles 79-83)
- Respects the rights of churches in matters affecting the child's religious and moral upbringing. (Article 79)
- Allows churches to establish schools and provide religious instruction. (Articles 80-81)
- Encourages parental involvement in the child's religious duties and church activities. (Article 83)

Child and Youth Welfare and the Community (Articles 84-103)
- Defines the community's duties in ensuring a healthy environment, supporting education, and promoting child welfare activities. (Article 85)
- Outlines the roles of barangay councils, civic associations, and youth associations in child welfare programs. (Articles 86-101)
- Emphasizes collaboration between the home and community in maintaining a proper atmosphere for children. (Articles 102-103)

Child and Youth Welfare and the Samahan (Articles 104-116)
- Defines "samahan" as the aggregate of persons working in commercial, industrial, and agricultural establishments. (Article 104)
- Outlines the duties of the samahan in preventing child labor exploitation, providing vocational training, and promoting economic self-sufficiency. (Article 106)
- Regulates the employment of children below 16 years old and requires employers to maintain records. (Articles 107-110)
- Encourages labor-management collaboration in child welfare programs and projects. (Articles 111-116)

Child and Youth Welfare and the State (Articles 117-202)
- Regulation of Child and Youth Welfare Services (Articles 117-132)
- Classifies and defines various child welfare agencies and institutions. (Article 117)
- Requires licensing for private child welfare agencies and outlines grounds for license revocation or suspension. (Articles 118-120)
- Establishes requirements for governing bodies, staff, intake procedures, records, and facilities of child welfare agencies. (Articles 121-131)
- Requires annual reports from child welfare agencies. (Article 132)
- Collaboration Between the Home and the State (Articles 133-140)
- Outlines the State's duties in establishing health centers, juvenile courts, child welfare agencies, and recreation centers. (Articles 133-137)
- Provisions for parent education programs, curfew hours, and state aid during public calamities. (Articles 138-140)
- Special Categories of Children (Chapters I-III)
- Dependent, Abandoned, and Neglected Children (Articles 141-167)
- Defines dependent, abandoned, and neglected children and outlines procedures for involuntary and voluntary commitment. (Articles 141-156)
- Regulates visitation, reporting, temporary custody, and adoption of committed children. (Articles 157-162)
- Allows for restoration of parental rights under certain conditions. (Articles 163-164)
- Provisions for reporting and protecting maltreated or abused children. (Articles 166-167)
- Mentally Retarded, Physically Handicapped, Emotionally Disturbed, and Mentally Ill Children (Articles 168-188)
- Defines and classifies these categories of children and outlines procedures for their commitment and discharge. (Articles 168-187)
- Provisions for assistance from the fiscal in judicial matters. (Article 188)
- Youthful Offenders (Articles 189-204)
- Defines youthful offenders and outlines procedures for their examination, detention, and rehabilitation. (Articles 189-197)
- Regulates the destruction of records and civil liability of youthful offenders. (Articles 198-201)
- Mandates the establishment of rehabilitation centers and detention homes. (Articles 202-203)
- Penalties for aiding or contributing to a child's delinquency. (Article 204)

Council for the Welfare of Children and Youth (Articles 205-209)
- Creates the Council for the Welfare of Children under the Office of the President and outlines its composition and funding. (Articles 205-206)
- Defines the powers and functions of the Council in coordinating and implementing child welfare laws and programs. (Article 207)
- Specifies government agencies that must coordinate with the Council. (Article 208)
- Grants the Council authority to promulgate rules and regulations for implementing the Code. (Article 209)

Final Provisions (Articles 210-213)
- General penalty for violations of the Code. (Article 210)
- Repealing and separability clauses. (Articles 211-212)
- Effectivity clause. (Article 213)