social case study report philippines

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1. Department of Social Welfare and Development (DSWD); 2. City/Municipal Social Welfare and Development Office (C/MSWDO) 3. Provincial Social Welfare and Development Office (PSWDO) 4. DSWD licensed and accredited non-government organizations (NGOs)

a. CICL who is 15 years old and below b. CICL who is above 15 but below 18 years of age but found to have committed a crime without discernment c. CICL who is above 15 but below 18 years old who committed a crime with discernment where the imposable penalty is confinement/imprisonment of not more than six years.

a. C/MSWDO's initial assessment report b. CICL's medical certificate c. Other documents related to the apprehension of the CICL like police report d. Documents which prove that the CICL is 15 years old or below

a. The CICL is abandoned, neglected or abused by parents or guardians. b. There is threat to the CICL's safety but parents refuse to allow his/her referral for temporary custody to LGU/DSWD institution or NGOs catering to CICL. c. Parents refuse to comply with intervention programs deemed necessary and appropriate for the CICL.

a. Counseling b. Life-skills trainings c. Support services to parents or guardians like parent effectiveness service, livelihood programs, livelihood skills trainings. d. Referral of the CICL to other agencies for services like scholarship, psychiatric sessions, spiritual sessions, etc. e. Involvement of the CICL in youth organizations e.g. Pag-asa Youth Association in the Philippines f. Psychosocial and therapeutic programs

a. Visit the C!CL and his/her family at their residence; b. Interview neighbors, teachers, classmates and significant others about the status of the CICL's behavioral progress;

a. CICL's behavior in school which includes his/her compliance to school regulations, the way he/she interacts with teachers and classmates and his/her performance but not limited to such. b. Conscious effort of the CICL to be involved in productive activities like attendance to spiritual sessions, sports and socio-economic activities. c. She/he has not committed any other offense during the period of the intervention program. d. She/he has established good relationship with the family and community or with the staff and co-residents in the center. Thus, neighbors/co-residents and center staff speak well of him/her.

a. Facts and circumstances surrounding the case; (Rule 34.c1) b. Educational level and performance of the child in the school; (rule 34.c2) c. Appearance, attitude and the child's demeanor before, during and after the commission of the offense. (Rule 34.c3) d. Assessment of a psychologist or psychiatrist which the social worker may request.

a. Nature and circumstances of the offense (Rule 47.b.1); b. Frequency and severity of the act (Rule 47.b.2); c. Circumstances of the child (e.g. maturity, intelligence, etc. (Rule 47.b.3); d. Influence of the family and environment on the growth of the Child (Rule 47.b.4) e. Weight of the evidence against the child (Rule 47.b.6) f. Safety of the community (Rule 47. b.7) g. Best interest of the child (Rule47.b.8) (Note: Please refer to Annex C * - List of victimless crimes with imposable penalty of not more than six years of imprisonment)

a. Assessment report on discernment b. Medical certificate c. Other documents related to the apprehension of the CICL like police report d. Documents which prove that the CICL is above 15 but below 18 years old.

a. Counseling of the CICL and his/her family b. Attendance to trainings, seminars and lectures on anger management, problem solving or conflict resolution and values formation, among other life skills trainings. c. Participation in community-based programs, including community service d. Participation in education, vocational and life skills programs.

a. Visit to the CICL and his/her family at least once a month and more frequently as needed. b. Visit to the school if the CICL is enrolled or to his/her place of work if employed. c. CICL and his/her parents reporting (physically) to the social worker at least once a month.

a. The CICL understands and realizes his/her accountability, be remorseful of his/her actions and takes on the responsibility in repairing the harm done in lieu of filing a formal case in the court. (Rule 47.a5) b. The CICL is asked of the circumstances of the offense, the motives or purpose of the offense and the factors that led him/her to commit the offense. Likewise, he/she is asked about his/her personal circumstances, including his/her parents and family, his/her peers and educational status (Rule 47.a2 and a3) c. Diversion proceedings shall be conducted in a place where the identities of the child and the parties concerned are kept confidential. (Rule 47.c) d. The record of proceedings shall be labeled "CONFIDENTIAL" and shall not be disclosed directly or indirectly to anyone by any of the parties or the participants in the proceedings. (Rule 86.F) e. CICL shall be encouraged to express himself/herself especially when deciding on the appropriate diversion program. f. Authorities conducting the proceedings shall use language and expressions that can be easily understood by the CICL. Expressions or words that insult or intimidate the CICL shall be avoided. g. Before asking the CICL to sign a diversion contract, the authorities conducting the diversion proceedings shall allow the CICL to read the contract. If the CICL cannot read, the content of the contract shall be interpreted and explained to him/her clearly. h. Schedule of the conduct of diversion proceedings shall not interfere with the CICL's attendance to school. i. The diversion proceedings shall be completed within 45 days upon submission of the case for diversion. When no agreements are reached after 45 days, the proceedings shall be terminated. The case shall then be filed according to regular judicial procedure. (Rule 47.f)

1. The child's feelings or remorse for the offense he/she committed (Rule 49.ai); 2. The parent's or legal guardians' ability to guide and supervise the child (Rule 49.a.2); 3. The victim's view about the propriety of the measures to be imposed (Rule 49.a.3); 4. The availability of community-based programs for the rehabilitation and reintegration of the child (Rule 49.a4) 5. Record of prior offense, if any; (Rule 49.a5) 6. The CICL's individual circumstances including but not limited to his/her cultural, social, economic and religious circumstances.

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SOCIAL CASE STUDY REPORT SEPTEMBER 26, 2016 IDENTIFYING INFORMATION

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This study investigated the children"s experiences of the familial stresses as a gauge of looking into their family dynamics. Primary emphasis was focused on the children"s psychological functioning in the context of their experienced stresses in their family. Creative expressive approaches were utilized to facilitate data gathering from 3 abused children who were housed in a government facility. The 3 girls suffered physical and/or sexual abuse, neglect and/or abandonment or the combinations of those. Qualitative analyses (genogram and thematic analysis) were employed to make sense of the data. Results suggested that children"s experiences of societal stresses can be ranged from intrafamilial (from "within" the family) to extrafamilial (from "without" the family). In spite of being under too much stress, children were observed to be authentic "family mirrors": they can precisely measure and showcase the family"s dynamics including emotional patterns and overall functioning in an effortless and subconscious ways. This suggested that their experiences of stress seemed to be subliminal-they have a natural way of making sense of their experiences through their sheer ability to catch and understand the emotional contents of the messages they receive from the world, albeit uncritically. Hence, children"s behavior (or misbehavior) and ineffective ways of coping from their stressful experiences, tend to be a viable measure in appraising their family"s dynamics. Furthermore, it was likewise conclusive that marital relationship seemed to be a pivotal point in the maintenance of the family equilibrium.

The law of succession in Roman Egypt: Siblings and Non-siblings disputes over inheritance In: Proceedings of the 28th International Congress of Papyrology Barcelona 1-6 August 2016, Scripta Orientalia 3, Barcelona 2019, 475-483.

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Papyrus documents give evidence that in the multicultural society of Roman Egypt all children regardless their legal status inherited their father and after the SC Orfitianum of AD 178 children of Roman status could inherit their mothers. However, numerous petitions prove that various conflicts arose between family members especially about the division of parental property. For example, in P.Lond. II 177 (1st c. AD) the eldest sister of a family with her husband grabbed the paternal furniture and utensils, which also belonged to her brothers in terms of their father’s will. The conflicts between an heir and his guardian about the disposition of the inheritance are also common. In P.Oxy. XVII 2133 (4th c. AD) a daughter complains to the prefect, because her uncle-guardian deprived her of her share to the paternal inheritance in the form of dowry. While family conflicts about intestate succession and wills were a common phenomenon, the papyri give also evidence for violations of inherited property by non siblings. PSI X 1102 (3rd c. AD) preserves an important dispute about property rights between two children and three men who have stolen the property of the children’s father who died intestate. Furthermore, in P.Oxy.VII 1067 (3rd c. AD) Helen blaims her brother Petechon for neglecting the burial of their third brother and as a result a non-sibling woman inherited him. The purpose of the proposed paper is to discuss the various cases of conflicts over an inheritance between siblings and non-siblings. My interest will focus on the arguments and legal grounds used by the defendants in each case discussed with special attention paid to the differences between property claimed coming from intestate succession and testamentary disposition. By studying the various petitions to the judges, private letters or settlements and lawsuit proceedings I aim to investigate the legal and social ways in which people in Roman Egypt could protect their parental inheritance both from persons inside and outside the family.

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National reports.

DOMESTIC ADOPTION IN THE PHILIPPINES

• September 23, 2018
• Frederick De Borja

ADOPTION IN THE PHILIPPINES

DOMESTIC ADOPTION

Adoption is a legal process of providing a permanent family to a child whose parents have voluntarily or involuntarily relinquished parental authority over a child. In this process, the welfare of the adopted child is the paramount consideration; hence, this whole thing is meant for his/her benefit. Upon declaration by the courts of an adoption decree, there arises a new legal relationship between the adopter and the adoptee, the relationship of which is similar to legitimate paternity and filiation.

There are three types of domestic adoption in the Philippines. These are agency adoption, relative adoption and independent adoption. In agency adoption, a DSWD licensed agency finds adoptive families who are voluntarily or involuntarily committed. The adoptive families go through the process from inquiry, adoption, application, interviews for the case study report, matching, and supervised trial custody. In relative adoption, the biological parents relinquish their child to a relative or member of their extended family. The process is less rigorous since the family member does not have to go through the matching and supervised trial custody. This is somewhat similar to independent adoptions, where biological parents directly place their child with a person they know or through an intermediary (an individual who knows of parents who want to adopt the child and arranges such placement between them). The last two types of adoption are processed through filing a petition to adopt with the Family Court directly. Here, the DSWD does not have to be involved, unless ordered by the court. In cases when the birth parents directly surrender their child to an adoptive family, they may demand the return of the child since they still have the legal right to retrieve the child from his or her actual custodians, who in the eyes of the law, remain strangers so long as an adoption decree is not yet issued.

Who may adopt?

Individuals or couples of legal age that are at least 16 years older than the adoptee may adopt. In the case that the adopter is the biological parent or sibling of the adoptee, the minimum age gap may no longer be required.

The adopter must also have the capacity to act and assume all rights and duties to exercise parental authority. He or she should be of good moral character and has not been convicted of any crime involving morality. In addition, the adopter should also be in the position to support, educate, and care for his or her children and the child to be adopted.

In the case of foreign nationals interested in adopting in the Philippines, the adopter should be a citizen of a state that has diplomatic relations with the country. The diplomatic or consular office of the prospective parent must also certify that he or she is qualified in his or her country to adopt; and his or her government will allow the adoptee to enter the parent’s country and reside there permanently as an adopted child. The alien shall also be living in the Philippines for at least 3 continuous years prior to the filing of the application for adoption and maintains such residence until an adoption decree is entered. This residency requirement, however, is not required when the alien is a former Filipino who seeks to adopt a relative within the fourth degree of consanguinity or affinity, or seeks to adopt the legitimate child of his or her Filipino spouse, or is married to a Filipino and seeks to adopt jointly with the Filipino spouse a relative within the 4 th degree of consanguinity or affinity as well.

The foreign national interested in adopting should submit all necessary clearances and certification as required by the DSWD.

Procedure for Agency Adoption

• Pre adoption services

Refers to psychological services provided for by professionally trained social workers of the DSWD, social service units of the local government, private and governmental health facilities, Family courts, licensed and accredited child caring and child placing agencies and other entities involved in the adoption so long as authorised by the DSWD. Such counselling assures that no hasty decisions caused by anxiety or stress are made by the biological parents or the prospective adoptive parents. This services include:

a) Counselling of Biological Parents

b) Counselling of Prospective Adoptive Families

c) Counselling for the Prospective Adoptee

The law provides that older children should be counselled, and that the legal effects of adoption should be explained to them to the extent that they can comprehend

d) Location of Unknown Parents

Under the Domestic Adoption Law, the Department or licensed agency which has custody of the   child shall exert all efforts to locate his or her unknown biological parents. Certifications from radio and TV stations that the case was aired on 3 different occasions and newspaper publications are sufficient proof of this requirement.

2) Case study reports

The Social Case Study Report (SCSR) is a written assessment conducted by a licensed social worker as to the child’s social, economic, cultural, and psychosocial background, as well as details about the abandonment or neglect of the child. The report should also contain the efforts of the social worker to locate the child’s biological parents/relatives.

The DSWD or child-placing agency then must prepare a case study report of the child and the biological parents. The social worker must confirm the real identity and registered name of the adoptee with the Civil Registry. If the adoptee is not registered, the social worker is responsible for facilitating the child’s registration.

It must contain the child’s legal status, placement history, psychological, social, spiritual, medical, ethno-cultural background and that of his biological family needed in determining the most appropriate placement for him. After this, the child may be placed in the custody of the DWSD or a child-placing agency.

The social worker prepares a case study report on the prospective adopters as well, to make sure they can provide a suitable home for the child. The Supreme Court Rule on Adoption refers to this as a “home study report” “aimed to help the DSWD and courts ascertain the genuine intentions of the adopters.”

3) Matching Process and Family Selection

Prospective adopters and the children legally available for adoption then meet at the matching table once the case study reports have been filed.

Matching is the major function of the Child Welfare Specialist Group (CWSG). This group is composed of five members: a social worker from DSWD, a lawyer, a physician, a psychologist, and NGO representative of adoptive parents or child welfare agencies.[9] The DSWD Secretary has since created a National Child Welfare Specialist Group; the creation of a national matching committee was done in order to prevent delays in placing the child. Adopters are asked to specify their preferences in the child with whom they will be matched, including sex and age. The matching process also determines if the adopters are willing to adopt a child who has a developmental delay or disability.

In this stage, adopters are asked to specify the sex and age of the child they prefer to be matched with. They will be asked if they will accept a child who has development delay or physical disability.

With regards to religious affiliations, the Omnibus Guidelines on the Domestic Adoption Process state that religion can only be considered if the child is old enough to understand religious belief and practices. This age is generally pegged at 6 years old and above.

4) Placement

Once the child has been matched, the respective social workers who prepared the case study reports shall also prepare the adoptive family and the child before actual placement, where the child is physically transferred from the child caring or foster home to the prospective adoptee parents.

The DSWD approves this placement and issues the Pre-Adoption Placement Authority where the adoptive parents shall be responsible for his care and custody.

After the issuance of the Pre-Adoption Placement Authority, the supervised trial custody will commence.

5) Supervised trial custody

The period of time during which a social worker overseas the adjustment and emotional readiness of both adopter and adoptee in stabilizing their familial relationship.

During the trial custody, the social worker shall conduct monthly home visits to monitor adjustment of the child and the adopter to each other and submit the progress report to DSWD.

Upon termination of the six month trial custody period, the Consent to Adopt is given by DSWD.

6) Filing a Petition for Adoption

Potential adopters must then file the petition for adoption with the Family Court of the province or city where they reside in order to make the adoption official. This is the only point when the services of a lawyer are needed.

For the case where an abandoned, dependent or neglected child is to be adopted, facts must be cited to prove this assertion, including the names and residence of the child’s parents or guardians. The name of the accredited child-placement agency must also be stated together with their authorization to give consent.

The court shall only proceed to hear the petition once the order of hearing has been published and all stipulated requirements met. Both the petitioner and the potential adoptee must be present during the hearing, with the petitioner testifying before the judge on the said date. The social worker must also be present to ensure that all involved parties have been well assessed and have gone counseling so that they will be fully prepare.

The presence of both the petitioner and the adoptee is vital as through this the court may be able to better gauge the child’s condition both individually and relative to the petitioner.

7) Decree of Adoption

If the court is convinced that the adopters are qualified to adopt, and that the adoption would redound to the best interest of the child, a decree of adoption shall be issued which will be effective as of the date of filing of the petition of adoption.

There will also be an amended certificate of birth issued by the Civil Registry. This reinforces the petitioner’s claim to the adoptee by registering the child with a new surname. The previous birth certificate will also be cancelled and stamped appropriately.

The adoption decree will also contain the new name of the child. With the decree also comes the following, a certificate of finality to be issued by the Clerk of Court after the closure of the 15-day appeal period and a certified true copy of the adoption decree to be submitted by the adopter to the Civil Registrar within 30 days of the issuance of the certificate of finality. The Civil Registrar, after making the proper annotations to the decree of adoption, must then seal away the adoptee’s original birth certificate, replacing it with a new birth certificate.

The decree of adoption completes the process of adoption as the petitioner can now legally refer to the adoptee as his or her own child.

I. LOCAL OR DOMESTIC ADOPTION: There are two types of domestic adoption undertaken by our…

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