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Child Protection Policy

DepEd Order No. 40 s. 2012

INSET

August 2023

Definition of Terms

Policy and Guidelines on Protecting Children in School from Abuse, Violence, Exploitation, Discrimination, Bullying and Other Forms of Abuse

Section 3: DEFINITION OF TERMS

A. Child

  • refers to any person below eighteen (18) years of age
  • Or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition;

E. "Child Protection"

refers to programs, services, procedures and structures that areintended to prevent and respond to abuse,neglect, exploitation, discrimination and

violence.

refers to any person below eighteen

(18) years of age or those over but are unable

to fully take care of themselves or protect

themselves from abuse, neglect, cruelty,

exploitation or discrimination because of

F. "Parents" refers to biological parents, step-parents, adoptive parents and thecommon-law spouse or partner of the parent;

B. Children in School

  • Bonifide pupil, students or learners who are enrolled in the basic education system.

C. Pupil, Student or Learner

  • A child who regularly attends classes.

D. School Personnel

  • means the persons, singly or collectively, working in a public or private school.

CLASSIFIED AS FOLLOWS:

A. SCHOOL HEAD

B. OTHER SCHOOL OFFICIALS

C. ACADEMIC PERSONNEL

D. OTHER PERSONNEL

Definition

of Terms

Policy and Guidelines on Protecting Children in School from Abuse, Violence, Exploitation, Discrimination, Bullying and Other Forms of Abuse

Section 3: DEFINITION OF TERMS

  • psychological or physical abuse, neglect, cruelty,
  • sexual abuse and emotional maltreatment;
  • any act by deeds or words which debases,
  • degrades or demeans the intrinsic worth and dignity of a child as a human being;
  • unreasonable deprivation of the child's basic needs
  • for survival, such as food and shelter; or
  • failure to immediately give medical treatment to an
  • injured child resulting in serious impairment of his
  • or her growth and development or in the child's
  • permanent incapacity or death (Sec. 3 [b],RA7610).

G."Guardians or Custodians"

- refers to legal guardians, foster parents, and other persons, including relatives or even non-relatives.

H. "School Visitor or Guest"

- refers to any person who visits the school and has any official business with the school, and any person who does not have any official business but is found within the premises of the school.

I. "Child Abuse"

- refers to the maltreatment of a child, whether habitual or not, which includes

any of the following:

Policy and Guidelines on Protecting Children in School from Abuse, Violence, Exploitation, Discrimination, Bullying and Other Forms of Abuse

Section 3: DEFINITION OF TERMS

Two main forms of child exploitation that categorized :

1. Sexual Exploitation

2. Economic Exploitation

M. "Bullying or Peer Abuse"

Bullying

  • Threats to inflict to a person.
  • Stalking or constantly following or pursuing a
  • person in his or her daily activities.
  • Taking of property
  • Public humiliation
  • Physical violence committed upon a student
  • Demanding or requiring sexual or monetary favors.
  • Restraining the liberty and freedom of a pupil or student.

Cyber-bullying

J. "Discrimination against children"

act of exclusion distinction

restriction or preference which is based on any ground such as

  • age
  • ethnicity
  • sex
  • sexual orientation
  • gender identity
  • language
  • religion
  • national or social origin,
  • property
  • birth
  • being pregnant,
  • being a child with disability or other status or condition

Definition

of Terms

N. “Other acts of abuse by a pupil, student or learner”

L."Violence against children committed in schools"

  • Physical violence
  • Sexual violence
  • Psychological violence
  • Other acts of violence

K. "Child exploitation"

use of children for someone else'sadvantage , gratifivation or profit.

O. "Corporal Punishment"

Overview of DO. 40 S, 2012

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PREVENTIONS

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PREVENTIVE MEASURES TO ADDRESS CHILD ABUSE, EXPLOITATION, VIOLENCE, DISCRIMINATION AND BULLYING AND OTHER ACTS OF ABUSE

Section 11. Capacity Building of School Officials, Personnel, Parents and Students

All public and private elementary and

secondary schools shall build the capacities of

school personnel, pupils, students and learners,

parents and guardians to understand and deal

with child abuse, exploitation, violence and

discrimination cases, bullying and peer violence by conducting sessions, trainings on

positive peer relationships and enhancement of

social and emotional competence.

* Integration of education sessions on corporal punishment and positive discipline in the initiatives of the Parent-Teachers Associations (PTAs);

*Capacity-building programs for school

administrators, teachers and non-academic personnel focused on children's rights, child development and positive and nonviolent approaches in teaching and classroom management.

*Encouraging and supporting the formation and initiatives of support groups among teaching and non-teaching staff, and parents.

*Implementing specific parenting orientation sessions with parents.

*Implementing school activities or events that raise awareness on children's rights.

*Encouraging and supporting student-led initiatives to raise awareness on children's rights.

*Setting up child-friendly mechanisms for obtaining children's views and participation in the formulation,

PROTECTIVE AND REMEDIAL MEASURES TO ADDRESS CHILD ABUSE, EXPLOITATION,

VIOLENCE, DISCRIMINATION, BULLYING AND OTHER ACTS OF ABUSE

Section 12. Procedures in Handling Bullying Incidents in Schools.

1. The child and the parents or guardians must be informed

of the complaint in writing;

2. The child shall be given the opportunity to answer the

complaint in writing, with the assistance of the parents or

guardian;

3. The decision of the school head must be in writing, stating

the facts and the reasons for the decision;

4. The decision of the school head may be appealed, as

provided in existing rules of the Department.

A complaint for bullying orpeer abuse shall be acted upon by the SchoolHead following the procedures herein set forth:

A. Bullying

B. Bullying that results in serious physical injuries or death

C. Procedure

In all cases where the imposable penalty on the offending child is suspension, exclusion or expulsion, the following minimum requirements of due process shall be complied with:

PROTECTIVE AND REMEDIAL MEASURES TO ADDRESS CHILD ABUSE, EXPLOITATION,

VIOLENCE, DISCRIMINATION, BULLYING AND OTHER ACTS OF ABUSE

Section 14. Other acts of violence or abuse.

Section 13. Implementation of

Non-punitive Measures.

Other serious acts of violence or abuse committed by a pupil, student or learner upon another pupil, student or learner of the same school, shall, and whenever appropriate, be dealt with in accordance with the provisions of Republic Act 9344 and its Implementing Rules and Regulations.

Depending on the gravity of the bullying committed by any pupil, student or learner, the school may impose other non-punitive measures, in lieu of punitive measures, in accordance with the principles of Positive and Non-Violent Discipline.

RULES AND PROCEDURES IN HANDLING CHILD ABUSE, EXPLOITATION, VIOLENCE AND DISCRIMINATION CASES

Section 15. Prohibited Acts

If a complaint is not sufficient in form, the concerned School Head, Schools Division Superintendent, or Disciplining Authority shall immediately inform the complainant of the requirements of a formal complaint. Upon the filing of the formal complaint, the same shall be acted upon pursuant to the preceding paragraphs.

The conduct of a fact-finding investigation shall be in accordance with the Revised Rules of Procedure of the Department of Education in Administrative Cases. Pending investigation, upon referral of the

School Principal or Guidance Counselor/Teacher, the Local Social Welfare and Development Officer (LSWDO) of the concerned local government unit shall assess the child and provide psycho- social intervention to help the child victim recover from whatever trauma he or she has experienced as a result of the abuse. The offender shall likewise undergo psycho-social intervention, if such is

warranted.

Section 16. Investigation and Reporting.

The School Head or the Schools Division Superintendent, upon receipt of the Complaint, shall forward the same, within forty-eight (48) hours, to the Disciplining Authority, who shall then issue an Order for the conduct of a fact-finding investigation, not later than seventy-two (72) hours from submission.

Duties and Responsibilities

Policy and Guidelines on Protecting Children in School from Abuse, Violence, Exploitation, Discrimination, Bullying and Other Forms of Abuse

Here's a place for the fourth part of your presentation. And to the right, there are subsections for more specific detail.

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Duties and

Responsibilities

Section 10. Establishment of Child Protection Committee

The CPC shall be composed of the following:

Duties and

Responsibilities

Section 8. Duties and Responsibilites

Duties and

Responsibilities

Section 4: Central Office

Section 7. Schools

Develop a policy and guidelines for the prevention of violence against children in schools.

Conduct a nationwide information dissemination and campaign on violence prevention programs.

Devise programs, campaigns and activities through the Offices of the Undersecretary for Programs and Projects and Regional Operations,

Formulate a system of standard reporting, prescribe standards and procedures for monitoring and evaluation,

Section 5. Regional Offices

Encourage and support advocacy campaigns and capability building activities on the prevention of child abuse.

Consolidate reports on incidents and cases of the Division Offices within the Region.

Monitor and evaluate the implementation and enforcement

Ensure the institution of effective child protection policies and procedures, and monitor compliance.

Ensure that the school adopts a child protection policy.

Ensure that all pupils, students or learners, school personnel, parents, guardians orcustodians, and visitors and guests are made aware of child protection policy.

Organize and convene the Child Protection Committee for the school.

Conduct the capacity building activities for themembers of the Child Protection Committee and Guidance Counselors/Teachers.

Conduct disciplinary proceedings in cases of offenses committed by pupils.

Ensure that the participatory and other rights of children are respected and upheld in all matters and procedures affecting their welfare.

Maintain a record of all proceedings related to bullying or peer abuse.

Conduct the appropriate training and capability-building activities on child protection measures and protocols.

Section 6. Division Offices

Undertake advocacy campaigns and capability building activities to enable the schools to do the following:

Apply positive and non-violent discipline,

Formulate and implement guidelines and procedures to emphasize the role of all stakeholders and other persons in the prevention and reporting of

cases of bullying, and

Provide conflict resolution or peer mediation, including referral to appropriate service providers, if needed.

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