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Age of criminal responsibility is the age when a child, 15 years and 1 day old or above but below 18 years of age, commits an offense with discernment

In conflict with the law - means take into custody, detained, or charged with the commission of an act defined and punished as a crime or offense under the law

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Initial contact refers to apprehension or taking into custody of a CICL

Diversion refers to an alternative child-appropriate process of determining the responsibility and treatment of a child in conflict with the law on the basis of the childs social, cultural, economic psychological or educational background without resorting to formal court adjudication

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Discernment means the capacity of the child at the time of the commission of the offense to understand the differences between right or wrong and the consequences of the wrongful act

Diversion programs refer to programs the CICL is required to undergo in lieu of formal court proceedings

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Applies to all criminal cases involving children in conflict with the law (CICL)

Not applicable if CICL has reached 18 years of age at the time of the initial contact or at any time thereafter*

To ensure that the justice system treats every child in conflict with the law in a manner that recognizes and upholds human dignity and worth and instills in the child respect for the fundamental rights and freedom of others*

Original or certified true copy of the Certificate of Live BirthSimilar authentic documents (Baptismal Certificate, School Records, etc.)Testimony of the child or member of the family by affinity or consaguinity*

A child 15 years of age or under at the time of the commission of the offense

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Case will not be set for arraignment but will be referred to the Diversion Committee (DC)DC will determine whether the JICL can be diverted and referred to alternative measuresPending determination, JICL will be under custody of parent/legal guardian*

Branch clerk of court - ChairpersonProsecutorPAO lawyerCourt social worker*

DC chairperson will call for a conference with notice to the JICL, his parents/legal guardian and counsel and the private complainant and his counselPurpose is to recommend to the Family Court whether the JICL should be diverted to a diversion program or undergo court proceedings*

Record of JICLWhether penalty for the offense is not more than 6 monthsWhether JICL is a threatWhether JICL is unrepentantWhether JICL or parents are hostileWhether JICLs relationship with peers will increase delinquent behavior*

If DC recommends approval, diversion program submitted to the Family CourtDC cannot recommend diversion if JICL or the private complainant objectsConsent to diversion not an admission of guilt by JICL and cannot be used as evidence against him*

Written or oral reprimand or citationReturn of propertyPayment of damagesWritten or oral apologyGuidance and supervision ordersCounseling for JICL and his familyTraining, seminars, lecturesParticipation in community-based programsInstitutional care and custodyWork-detail program in the community*

Signed by JICL, parents/legal guardian and complainantApproved by the Family Court Mandatory terms and conditionsReport to court social worker once a monthComply with terms and conditions in the undertaking (Failure to comply can lead to return of case to court for formal proceedings)*

Periodic visits by court social workerSubmission by social worker of report to the Family Court Court social worker may recommend closure or extension of diversion *

Closure, if JICL has complied with undertakingExtension of diversion program, if JICL needs additional period for rehabilitationReturn of case to court for formal proceedings, if diversion program will no longer serve its purpose *