IRON bars at the entrance to the room for children in conflict with the law at Bahay

Sandigan in Malabon City. MATTHEW REYSIO-CRUZ/CONTRIBUTOR

JANSEN, 15, has no real place to call home. He used to be a street kid in Malabon
City, where he joined a drug syndicate after running away from his father last year.
He started using crystal meth and made enough money to get by.
Last November, police arrested him for theft. Afterward, he slept on a cold concrete
floor, behind bars with eight other children sharing three blankets. Sunlight creeps
into their room through windows barred by two sets of grills, installed after seven
children used a handsaw to escape. Jansen himself attempted to escape twice.
Bahay Pag-Asa
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But he is not in jail. Hes in a Bahay Pag-Asa (BPA), a government-run center for
children in conflict with the law (CICL), or those who are alleged, accused or
adjudged as having committed an offense under Philippine laws.
Each highly urbanized city is required to have a BPA by Republic Act No. 9344, or
the Juvenile Justice and Welfare Act, enacted a decade ago and amended by Republic
Act No. 10630 in 2013. The law spares CICL from being put in prison and refers them
instead to a BPA, designed to care for children in need of rehabilitation or whose
court cases are still pending.
Under the guidelines adopted in 2015 by the Juvenile Justice and Welfare Council
(JJWC), BPAs must help children appreciate their worth and rebuild their lives.
Inhumane environment
But an investigation of these homes shows a starkly different reality: one where years
of government neglect, including lack of funding and staff, allowed inhumane and
decrepit living environments to persist.
A majority of children placed in these shelters are locked up in dilapidated, unsanitary
areas no different from prison cells, deprived of basic needs like clothing and food.
Their emotional and mental needs are neglected.
Rather than rehabilitating, this setup further deprives CICL of their liberty, robbing
Jansen and other children the chance to turn a new corner. This is alarming given that
the Philippine National Police recorded 2,462 cases of CICL in Metro Manila between
2012 and 2015, and nearly 40,000 nationwide.
Unaccredited shelters
Nico, 14, said of Yakap-Bata Holding Center, Caloocan Citys temporary Bahay Pag-
Asa: This place destroys you. JJWC documents indicate a similar story across
Metro Manila. Of its 16 cities and one municipality, all required to run a BPA, only
Pasig and Mandaluyong received first-level accreditation from the Department of
Social Welfare and Development (DSWD).
Ten shelters remain unaccredited due to failure to comply with the agencys standards
for operation, said Claire Toribio, secretariat of the Regional JJWC in Metro Manila.
The remaining four cities and one municipality have temporary processing centers,
which provide CICL with separate holding areas from adult prisoners but are not
considered BPAs.
There is no hope when you arrive, said Melanie Ramos-Llana, president of the
network Philippine Action for Youth Offenders (Payo), of these shelters.
Most built like prisons
The history behind many of these homes makes it unsurprising that they fail to meet
the physical standards for accreditation. Many served as youth detention facilities
decades ago and were simply converted into the citys designated shelter for CICL
following the laws amendment, said Ma. Lourdes Fugoso-Alcain, JJWCs policy and
research chief.
Various nongovernment organizations (NGOs) and firsthand observation confirmed
that Pasay, Marikina, Malabon, Caloocan, Manila and Quezon City continue to keep
children behind steel bars similar to prison cells for adult offenders.
If there are bars, how can it be considered a Bahay Pag-Asa? said Rowena Legaspi,
Childrens Legal Rights and Development Centers (CLRDC) executive director.
Marietta Gesolgon, supervisor in charge of Manila Youth Reception Center (MYRC),
refers to the shelter as a jail. She said, Lets admit it, even though we have the law,
this is the setup of MYRC.
Chain-link fences
Still, it is registered with the JJWC as a Bahay Pag-Asa.
Caloocans Yakap-Bata Holding Center is divided into three dormitories, with chain-
link fences as doors, each only one-third the size of Jansens room in Bahay Sandigan
in Malabon, despite holding almost double the number of CICL that Malabon does.
The center reeks of urine. Iron-link gates bar the windows, allowing neither sunlight
nor air inside. Its walls are vandalized from top to bottom.
Each dorm has a bathroom without a door. Its walls extend only halfway to the
ceiling, leaving the children with little privacy. Both toilets in Dorms B and C are
clogged.

Basic needs
The Yakap-Bata boys are dressed in tattered clothes, despite a JJWC requirement that
the children be given four sets of new clothing and basic toiletries upon arrival at
BPA.
Justin, 13, did not receive any clothes when he was sent to Yakap-Bata in January.
He and the other children there have no towels and share a toothbrush, said a joint
report on ill treatment of children that CLRDC and the World Organization Against
Torture submitted to the United Nations Committee Against Torture in April.
The children in Yakap-Bata eat with their hands and get drinking water from the
broken faucet in the bathroom, Justin said. The Pasay Youth Home stores water for
CICL in coverless containers exposed to the elements, according to a March 2016
report of the Commission on Human Rights. The children drink water using old soft-
drink bottles because they have no glasses.
Sometimes, the children in Yakap-Bata have more to eat because of outside help.
They detach the clothesline from the walls of their dorm and tie an empty plastic bag
to one end, Justin said.
They then lower this through the gaps in their third-floor window, while friends await
on the ground with snacks to place inside the plastic bag. The trouble is worth the
fleeting happiness from the Choko Choko sticks and Hany bars they share among
themselves after reeling the clothesline back in.
Last March, Justin was transferred from Yakap-Bata to a shelter run by KnK
Philippines, a Tokyo-based NGO. In a heartbreaking moment that highlighted the
little things, he listed the objects he was grateful to have in KnK that were absent from
Yakap-Bata: tables, chairs, a fork and spoon, and his own bed.
Emotional well-being
According to the JJWC guidelines, a Bahay Pag-Asa must provide appropriate
treatment of children according to their needs. This is difficult when social workers
can barely keep up with the high volume of children in these shelters. CLRDC
documented the case of a 15-year-old female trafficking victim from Mindanao, who
was forced to work as a domestic helper in Taguig City without pay.
Driven to extreme hunger, she stole chocolate from a grocery and was arrested. She
stayed in Yakap-Bata for a year, but her trauma from trafficking was never addressed.
The guidelines suggest a ratio of one social worker to 25 CICL. Rowelyn Acdog is the
sole social worker in Yakap-Bata, where she manages 47 children as of May. MYRC
has six social workers, but each handles almost 40 children. In Makati Youth Home,
Loida Pangilinan is the only social worker handling all 34 children at the shelter.
Archie Salmo is the only one dealing with all 56 CICL in Pasigs Bahay Aruga.
Partly due to the overwhelming lack of staff, many CICL go through the same
monotonous program daily. Our world here is so small, Jansen said of Bahay
Sandigan. In Yakap-Bata, the kids have no scheduled activities so they either sleep or
do housework. They may not sing, dance or go outdoors without being punished by
the house parents.

No Christmas
Theres no Christmas in Yakap-Bata, Edgar said, who spent a year there in 2011.
Nico, 14, said it was hell.
Lack of meaningful or substantial programs geared at rehabilitation increases the risk
that CICL will commit offenses again after their release.
Carlo, 16, entered Quezon Citys Molave Youth Home for the first time when he was
14. In two years, he was in and out of the shelter eight times, all for robbery or petty
theft.
His frustration with being inside the center got to a point where, after snatching a cell
phone, he told police he was 18 although he was only 15 at the time. He lied so that
instead of going to Molave Youth Home again, he would be jailed in Quezon City
Polices Station 8.
Sent to prison
Even more startling is that a social worker from Molave once deliberately sent a child
to prison.
Peter, 13 at the time, entered Molave Youth Home after his arrest for theft. A week
later, personnel from the Bureau of Jail Management and Penology escorted him to
the Quezon City Jail because of his hard-headedness, where he spent three days with
adult prisoners, some of whom were murderers. The social worker hoped exposure to
prison life would change his ways.
Other times, its the police that throw children into prison. Daniel, 17, was arrested for
drugs last October when five policemen beat him until his body was swollen.
Daniel told the police he was only 17, but they wrote he was 19. Even if you were
15, we still wouldnt care, they said.
Police then detained him in a cell with 70 adult prisoners in Barangay Tuktukan,
Taguig. Desperate to survive, Daniel joined the prison gang Sputnik to receive
money for medicine. His tattoos, on his knee, upper thigh and at the base of his
thumb, declare him a lifetime member.
Daniels case is not isolated, as most of the children interviewed spoke of similar tales
of police torture and imprisonment.
Lack of family support
Most parents of CICL have never stepped foot inside the BPAs because they do not
have the means or simply refuse to. Jansens mother lives in Samar with her new
husband while his father moved to Pangasinan, leaving him to brave the justice
process alone.
In Yakap-Bata, a 13-year-old boy ran away from his home in Quezon and was
rescued by the DSWD as he slept on the streets of Metro Manila. But after a year in
the shelter despite not committing any offense, all he wants is to go home.
Legaspi said when CLRDC visited the center, the children were calling volunteers
mommy out of a yearning for their parents.
Some parents, meanwhile, sneak prohibited items into MYRC, like cigarettes and
bladed weapons, promoting disrespect for house rules, Gesolgon said.
Violeta Bautista, director of the University of the Philippines Office of Counseling
and Guidance, said estranged parents were neither solely to blame for the way a
childs upbringing nor the only means by which CICL could recover.
It takes a village
It takes a village to bring up a child, she said. Every component of the village
should participate, including law enforcement.
Although CICL should be assisted by the Public Attorneys Office, some children said
they had never even met the lawyer assigned to them and received no updates
regarding their cases.
After five months in Bahay Sandigan, Jansen has had no visitors and has no
knowledge of when he might be released. When he leaves, he plans to return to his
drug syndicate.
Having never known a real home, Jansen and CICL like him cannot be blamed for this
kind of thinking.
In MYRC, Gesolgon said social workers once prepared to celebrate the 18th birthday
of Joven, a child at the center. On his special day, they put a candle on a P6 Fudgee
Barr, lit it and asked him to blow.
Joven cried. In his 18 years, his mother never greeted him a happy birthday.
This was his first birthday cake.
(This report is based on the authors undergraduate thesis, Stolen Second Chances:
An Investigative Study on the Conditions Faced by Children in Conflict with the Law
in Metro Manila, a finalist in the 2016 Philippine Journalism Research Conference.
The authors were scholars of the Philippine Daily Inquirer and graduated magna cum
laude from the University of the Philippines Diliman in June.)

Read more: http://opinion.inquirer.net/95882/children-in-conflict-with-

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MANILA, Philippines Give them a second chance.

These children lost their way because their community or family did not guide
them, said Social Welfare Secretary Corazon Juliano-Soliman. We ask your
support in recognizing the rights of these children to be children.

The Department of Social Welfare and Development (DSWD) launched a

campaign supporting children in conflict with the law (CICL) on Saturday,
December 20, by producing 3 short videos promoting CICL rights.

The videos will be shown as cinema plugs during the Metro Manila Film Festival,
as well as in movie theatres across Cagayan de Oro, Cebu City, and Davao City.
The film festival opens on Christmas Day, December 25.

The Philippines is home to over 11,000 CICL as of 2009, the Juvenile Justice
and Welfare Council (JJWC) reported. These are children accused or adjudged
of committing an offense under Philippine laws.

DSWD stressed that these children deserve a second chance to become

productive members of society. Instead of punishment, the focus should be on
their rehabilitation.

More than looking at the CICL with anger and rebuke, let us look at them with
understanding, as most often, they are victims of circumstances, Soliman
added.

Kids, jails, laws

It must be tough growing up in the streets.

DSWD observed that most CICL come from poor families, and have stopped
schooling. Most are males between 14 to 17 years old, but some cases involve
much younger children.
Some have families, but for other children, family means nothing. Some were
raised not by parents, but by syndicates pushing them to a life of crime.

Theft is the most common offense, the Philippine National Police reported, with
the National Capital Region having the most cases, followed by Central and
Western Visayas.

Another problem reported is gangsterism, which can give children access to

alcohol and drugs. When they sniff rugby, they no longer feel hungry, offering a
temporary escape to a problem they face daily.

We should look deeper why these children turned out like this. Who teaches
them? Isnt it adults? They're the ones that need to be jailed, not children, said
Soliman.

It must be tougher growing up behind bars.

The Philippines never gave much thought to CICL until 2006 when the "Juvenile
Justice and Welfare Act or Republic Act 9344 was passed.

Prior to this law, children were locked up in jails together with adults even for
petty offenses. They were vulnerable to abuse during arrest and detention. An
average of 10,515 children were arrested every year, DSWD reported.

Thats one child per hour.

The plight of child prisoners was exposed in the 2005 documentary Bunso,
featuring the lives of boys detained in a Cebu jail. Kids dealt with less-than-
humane living conditions; racing for meager meals distributed in buckets;
sleeping on cold concrete next to rows and rows of bodies; and either obeying or
fighting older, bigger inmates.

By the end of the film, one boy died from heart failure brought about by drug
abuse.
This was because the criminal justice system was adult-oriented, according to
DSWD, noting the absence of child-sensitive interventions at the time.

RA 9344 was a landmark legislation establishing a new system wherein children

can be held accountable without incarceration. The law focused on prevention
and reintegration programs to lessen childrens risk of re-offending.

It established JJWC and raised the age of criminal responsibility from 9 to 15

years old. This means that those aged 15 and below are exempt from criminal
liability, but subjected to intervention programs. This also applies to those older
than 15 but under 18, unless they acted with discernment.

'Hope'

REHABILITATION. DSWD Secretary Corazon Juliano-Soliman calls on

the public to recognize the rights of CICL, stressing the need for
rehabilitation instead of punishment. Photo by Fritzie Rodriguez/Rappler

In 2012, RA 10630 amended the earlier law and required local government units
(LGUs) to manage juvenile intervention and support centers called Bahay Pag-
asa (House of Hope).

As of 2014, there are 21 such houses nationwide:

Region Municipality/Province

CAR Abra

NCR Pasig City

II Cauayan City, Isabela

 III Botolan, Zambales
San Jose City, Nueva Ecija
Talavera, Nueva Ecija

IV-A Calauan, Laguna

Bacoor, Cavite

Puerto Princessa City

IV-B

VI Mina, Iloilo

VIII Naval, Biliran

X Claveria, Misamis Oriental

Tudela, Misamis Occidental

XI Tugbok District, Davao City

Nabuturan, Compostela valley
Banaybanay, Davao Oriental
Mati City New Corella, Davao del Norte

CARAGA Surigao City

Tandag City

Source: DSWD, JJWC

Four houses are funded by LGUs, 12 by Senator Francis Pangilinan, 4 by

Senator Pia Cayetano, and one funded by JJWC. Overall, Bahay Pag-asa
centers have handled 589 cases as of November 2014.

Some cases, however, remain unreported which also means that some CICL
do not get the help they need.
The amended law allocated P400 million for the establishment of Bahay Pag-asa
centers across provinces and highly urbanized cities. Aside from temporary
shelters, the houses also provide victim assistance, health and education
services, counseling, and skills training.

Parents of CICL are also counseled.

The new law also imposes maximum penalty against adults who exploit children
to commit crime. It transferred the JJWC from the Department of Justice to
DSWD.

Soliman denied claims that former CICL are thrown back to the streets; if
neccessary, they are transferred to a Regional Rehabilitation Center for Youth
(RRCY) managed by DSWD.

However, those younger than 6 are returned to their families. In the absence of
capable families, the child is placed in other care institutions run by DSWD,
LGUs, or non-governmental organizations.

Cracks

The problem in the Philippines is not the lack of laws, advocates say, but the lack
of teeth of these laws.

In October, media reports on the alleged bad conditions experienced by street

children inside an LGU-run center revealed bigger cracks within the countrys
child welfare system.

Almost two months since news on Frederico broke out, two Senate
resolutions have been filed.

We did an investigation, were finishing it. Well also coordinate with the city of
Manila for them to undertake corrective measures," Soliman said. "If they cant
handle it, well reduce children in their centers. Theyll be absorbed by DSWD
facilities and NGOs."

MAYOR'S VISIT. Manila Mayor Joseph Estrada visits RAC, a center for street kids. Photo from
manila.gov.ph

The inquiry on centers for street children also paved the way for more questions;
this time, on the condition of CICL centers.
Since 2006, children are no longer detained in jails. However, advocates argue
that some Bahay-Pagasa centers are not far from jails.

Most of these LGU-run centers are substandard, young children are abused by
older, bigger children, sometimes even with the knowledge and worse, consent
of the staff, Francis Bermido Jr, executive director of Preda Foundation, told
Rappler.

Preda is a human rights organization and a JJWC member. As a member of the

council, we're trying to influence local governments to improve the conditions in
their centers, Bermido said.

But the problem will never have a solution until the government put

BARS. Yakap Bata center in Caloocan. Photo from Fr Shay Cullen/Preda

professionally trained people in charge of centers that's daily monitored and

transparent, added Fr Shay Cullen, founder of Preda.
Cullen calls for stricter monitoring of how such centers use their budget, asking
for the Commission on Audits help. He also observed that some centers lack
development programs and have detention-like environments, Theyre like fish
in a glass bowl.
Lawyer Tricia Oco, JJWC executive director, admitted that there are still several
LGUs which have not reached the highest accreditation standards of DSWD.

We are helping these LGUs on this, Oco added. Aside from monitoring centers,
the JJWC will also train police officers on handling cases involving CICL.

DSWD invited Preda and other advocates to help the government improve CICL
programs.

What children see, they'll think is right, Soliman said. So lets be good
examples for children. Rappler.com

DSWD asks the public to report a child in conflict with the law (CICL) to local
social welfare and development offices, or call the DSWD CICL hotline at 951-
7433 or the JJWC hotline at 921-9065.
 Republic of the Philippines
Congress of the Philippines
Metro Manila
Fifteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand
twelve.

[REPUBLIC ACT NO. 10630]

AN ACT STRENGTHENING THE JUVENILE JUSTICE SYSTEM IN THE

PHILIPPINES, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9344,
OTHERWISE KNOWN AS THE JUVENILE JUSTICE AND WELFARE ACT OF
2006 AND APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled:

SECTION 1. The Title of Republic Act No. 9344 is hereby amended to read as follows:
An Act Establishing a Comprehensive Juvenile Justice and Welfare System, Creating
the Juvenile justice and Welfare Council under the Department of Social Welfare and
Development, Appropriating Funds Therefor, and for Other Purposes.

SEC. 2. Section 4 of Republic Act No. 9344 is hereby amended to read as follows:

SEC. 4. Definition of Terms. The following terms as used in this Act shall be defined
as follows:

x x x

(s) Bahay Pag-asa refers to a 24-hour child-caring institution established, funded

and managed by local government units (LGUs) and licensed and/or accredited
nongovernment organizations (NGOs) providing short-term residential care for children
in conflict with the law who are above fifteen (15) but below eighteen (18) years of age
who are awaiting court disposition of their cases or transfer to other agencies or
jurisdiction.

Part of the features of a Bahay Pag-asa is an intensive juvenile intervention and

support center. This will cater to children in conflict with the law in accordance with
Sections 20, 20-A and 20-B hereof.

A multi-disciplinary team composed of a social worker, a psychologist/mental health

professional, a medical doctor, an educational/guidance counselor and a Barangay
Council for the Protection of Children (BCPC) member shall operate the Bahay Pag-
asa. The team will work on the individualized intervention plan with the child and the
childs family.

x x x.

SEC. 3. Section 6 of Republic Act No. 9344 is hereby amended to read as follows:

SEC. 6. Minimum Age of Criminal Responsibility. A child fifteen (15) years of age or
under at the time of the commission of the offense shall be exempt from criminal
liability. However, the child shall be subjected to an intervention program pursuant to
Section 20 of this Act.

A child is deemed to be fifteen (15) years of age on the day of the fifteenth anniversary
of his/her birthdate.

A child above fifteen (15) years but below eighteen (18) years of age shall likewise be
exempt from criminal liability and be subjected to an intervention program, unless
he/she has acted with discernment, in which case, such child shall be subjected to the
appropriate proceedings in accordance with this Act.

The exemption from criminal liability herein established does not include exemption
from civil liability, which shall be enforced in accordance with existing laws.

SEC. 4. Section 8 of Republic Act No. 9344 is hereby amended to read as follows:

SEC. 8. Juvenile Justice and Welfare Council (JJWC). A Juvenile Justice and
Welfare Council (JJWC) is hereby created and attached to the Department of Social
Welfare and Development and placed under its administrative supervision. The JJWC
shall be chaired by an Undersecretary of the Department of Social Welfare and
Development. It shall ensure the effective implementation of this Act and coordination
among the following agencies:

(a) Department of Justice (DOJ);

(b) Council for the Welfare of Children (CWC);

(c) Department of Education (DepED);

(d) Department of the Interior and Local Government (DILG);

(e) Public Attorneys Office (PAO);

(f) Bureau of Corrections (BUCOR);

(g) Parole and Probation Administration (PPA);

(h) National Bureau of Investigation (NBI);

(i) Philippine National Police (PNP);

(j) Bureau of Jail Management and Penology (BJMP);

(k) Commission on Human Rights (CHR);

(l) Technical Education and Skills Development Authority (TESDA);

(m) National Youth Commission (NYC); and

(n) Other institutions focused on juvenile justice and intervention programs.

The JJWC shall be composed of representatives, whose ranks shall not be lower than
director, to be designated by the concerned heads of the following departments or
agencies and shall receive emoluments as may be determined by the Council in
accordance with existing budget and accounting rules and regulations:

(1) Department of Justice (DOJ);

(2) Department of Social Welfare and Development (DSWD);

(3) Council for the Welfare of Children (CWC);

(4) Department of Education (DepED);

(5) Department of the Interior and Local Government (DILG);

(6) Commission on Human Rights (CHR);

(7) National Youth Commission (NYC);

(8) Two (2) representatives from NGOs, to be designated by the Secretary of Social
Welfare and Development, to be selected based on the criteria established by the
Council;

(9) Department of Health (DOH); and

(10) One (1) representative each from the League of Provinces, League of Cities,
League of Municipalities and League of Barangays.

There shall be a Regional Juvenile Justice and Welfare Committee (RJJWC) in each
region. The RJJWCs will be under the administration and supervision of the JJWC. The
RJJWC shall be chaired by the director of the regional office of the DSWD. It shall
ensure the effective implementation of this Act at the regional and LGU levels and the
coordination among its member agencies.

The RJJWC will be composed of permanent representatives who shall have a rank not
lower than an assistant regional director or its equivalent to be designated by the
concerned department heads from the following agencies and shall receive emoluments
as may be determined by the Council in accordance with existing budget and
accounting rules and regulations:

(i) Department of Justice (DOJ);

(ii) Department of Social Welfare and Development (DSWD);

(iii) Department of Education (DepED);

(iv) Department of the Interior and Local Government (DILG);

(v) Commission on Human Rights (CHR);

(vi) Department of Health (DOH);

(vii) Two (2) representatives from NGOs operating within the region selected by the
RJJWC based on the criteria established by the JJWC;

(viii) One (1) sectoral representative from the children or youth sector within the region;
and

(ix) One (1) representative from the League of Provinces/ Cities/ Municipalities/
Barangays of the Philippines.

The JJWC shall convene within fifteen (15) days from the effectivity of this Act. The
Secretary of Social Welfare and Development shall determine the organizational
structure and staffing pattern of the JJWC national secretariat and the RJJWC
secretariat.

In the implementation of this Act, the JJWC shall consult with the various leagues of
local government officials.

The JJWC shall coordinate with the Office of the Court Administrator and the Philippine
Judicial Academy to ensure the realization of its mandate and the proper discharge of
its duties and functions, as herein provided.

SEC.5. Section 9 of Republic Act No. 9344 is hereby amended to read as follows:

SEC. 9. Duties and Functions of the JJWC. The JJWC shall have the following duties
and functions:
(a) To oversee the implementation of this Act;

(b) To advise the President on all matters and policies relating to juvenile justice and
welfare;

(c) To assist the concerned agencies in the review and redrafting of existing
policies/regulations or in the formulation of new ones in line with the provisions of this
Act;

(d) To periodically develop a comprehensive 3 to 5-year national juvenile intervention

program, with the participation of government agencies concerned, NGOs and youth
organizations;

(e) To coordinate the implementation of the juvenile intervention programs and

activities by national government agencies and other activities which may have an
important bearing on the success of the entire national juvenile intervention program. All
programs relating to juvenile justice and welfare shall be adopted in consultation with
the JJWC;

(f) To consult with the various leagues of local government officials in the formulation
and recommendation of policies and strategies for the prevention of juvenile
delinquency and the promotion of juvenile justice and welfare;

(g) To formulate and recommend policies and strategies in consultation with children
for the prevention of juvenile delinquency and the administration of justice, as well as for
the treatment and rehabilitation of the children in conflict with the law;

(h) To collect relevant information and conduct continuing research and support
evaluations and studies on all matters relating to juvenile justice and welfare, such as,
but not limited to:

(1) The performance and results achieved by juvenile intervention programs and by
activities of the local government units and other government agencies;

(2) The periodic trends, problems and causes of juvenile delinquency and crimes; and

(3) The particular needs of children in conflict with the law in custody.

The data gathered shall be used by the JJWC in the improvement of the administration
of juvenile justice and welfare system.

The JJWC shall submit an annual report to Congress on the implementation of the
provisions of this Act.

The JJWC shall set up a mechanism to ensure that children are involved in research
and policy development.
(i) Through duly designated persons and with the assistance of the agencies provided
in the preceding section, to conduct regular inspections in detention and rehabilitation
facilities and to undertake spot inspections on their own initiative in order to check
compliance with the standards provided herein and to make the necessary
recommendations to appropriate agencies;

(j) To initiate and coordinate the conduct of trainings for the personnel of the agencies
involved in the administration of the juvenile justice and welfare system and the juvenile
intervention program;

(k) To submit an annual report to the President on the implementation of this Act; and

(l) To perform such other functions as may be necessary to implement the provisions of
this Act.

SEC. 9-A. Duties and Functions of the RJJWC. The RJJWC shall have the following
duties and functions:

(a) To oversee and ensure the effective implementation of this Act at the regional level
and at the level of the LGUs;

(b) To assist the concerned agencies in the implementation and in compliance with the
JJWCs adopted policies/regulations or provide substantial inputs to the JJWC in the
formulation of new ones in line with the provisions of this Act;

(c) To assist in the development of the comprehensive 3 to 5-year local juvenile

intervention program, with the participation of concerned LGUs, NGOs and youth
organizations within the region and monitor its implementation;

(d) To coordinate the implementation of the juvenile intervention programs and

activities by national government agencies and other activities within the region;

(e) To oversee the programs and operation of the intensive juvenile intervention and
support center established within the region;

(f) To collect relevant regional information and conduct continuing research and
support evaluations and studies on all matters relating to juvenile justice and welfare
within the region, such as, but not limited to:

(1) Performance and results achieved by juvenile intervention programs and by

activities of the LGUs and other government agencies within the region;

(2) The periodic trends, problems and causes of juvenile delinquency and crimes from
the LGU level to the regional level; and
(3) The particular needs of children in conflict with the law in custody within their
regional jurisdiction.

The data gathered shall be forwarded by the RJJWC to the JJWC on an annual basis
and as may be deemed necessary by the JJWC.

(g) Through duly designated persons and with the assistance of the agencies provided
in the preceding section, to conduct regular inspections in detention and rehabilitation
facilities within the region and to undertake spot inspections on their own initiative in
order to check compliance with the standards provided herein and to make the
necessary reports and recommendations to appropriate agencies and to the JJWC;

(h) To initiate and coordinate the conduct of trainings for the personnel of the agencies
involved in the administration of the juvenile justice and welfare system and the juvenile
intervention program within the region;

(i) To submit an annual report to the JJWC on the implementation of this Act; and

(j) To perform such other functions as may be determined by the JJWC to implement
the provisions of this Act.

SEC. 6. Section 20 of Republic Act No. 9344 is hereby amended to read as follows:

SEC. 20. Children Below the Age of Criminal Responsibility. If it has been determined
that the child taken into custody is fifteen (15) years old or below, the authority which
will have an initial contact with the child, in consultation with the local social welfare and
development officer, has the duty to immediately release the child to the custody of
his/her parents or guardian, or in the absence thereof, the childs nearest relative. The
child shall be subjected to a community-based intervention program supervised by the
local social welfare and development officer, unless the best interest of the child
requires the referral of the child to a youth care facility or Bahay Pag-asa managed by
LGUs or licensed and/or accredited NGOs monitored by the DSWD.

The local social welfare and development officer shall determine the appropriate
programs for the child who has been released, in consultation with the child and the
person having custody over the child. If the parents, guardians or nearest relatives
cannot be located, or if they refuse to take custody, the child may be released to any of
the following:

(a) A duly registered nongovernmental or religious organization;

(b) A barangay official or a member of the Barangay Council for the Protection of
Children (BCPC);

(c) A local social welfare and development officer; or, when and where appropriate, the
DSWD.
If the child has been found by the local social welfare and development officer to be
dependent, abandoned, neglected or abused by his/her parents and the best interest of
the child requires that he/she be placed in a youth care facility or Bahay Pag-asa, the
childs parents or guardians shall execute a written authorization for the voluntary
commitment of the child: Provided, That if the child has no parents or guardians or if
they refuse or fail to execute the written authorization for voluntary commitment, the
proper petition for involuntary commitment shall be immediately filed by the DSWD or
the Local Social Welfare and Development Office (LSWDO) pursuant to Presidential
Decree No. 603, as amended, otherwise known as The Child and Youth Welfare Code
and the Supreme Court rule on commitment of children: Provided, further, That the
minimum age for children committed to a youth care facility or Bahay Pag-asa shall be
twelve (12) years old.

SEC. 20-A. Serious Crimes Committed by Children Who Are Exempt From Criminal
Responsibility. A child who is above twelve (12) years of age up to fifteen (15) years
of age and who commits parricide, murder, infanticide, kidnapping and serious illegal
detention where the victim is killed or raped, robbery, with homicide or rape, destructive
arson, rape, or carnapping where the driver or occupant is killed or raped or offenses
under Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002)
punishable by more than twelve (12) years of imprisonment, shall be deemed a
neglected child under Presidential Decree No. 603, as amended, and shall be
mandatorily placed in a special facility within the youth care faculty or Bahay Pag-asa
called the Intensive Juvenile Intervention and Support Center (IJISC).

In accordance with existing laws, rules, procedures and guidelines, the proper petition
for involuntary commitment and placement under the IJISC shall be filed by the local
social welfare and development officer of the LGU where the offense was committed, or
by the DSWD social worker in the local social welfare and development officers
absence, within twenty-four (24) hours from the time of the receipt of a report on the
alleged commission of said child. The court, where the petition for involuntary
commitment has been filed shall decide on the petition within seventy-two (72) hours
from the time the said petition has been filed by the DSWD/LSWDO. The court will
determine the initial period of placement of the child within the IJISC which shall not be
less than one (1) year. The multi-disciplinary team of the IJISC will submit to the court a
case study and progress report, to include a psychiatric evaluation report and
recommend the reintegration of the child to his/her family or the extension of the
placement under the IJISC. The multi-disciplinary team will also submit a report to the
court on the services extended to the parents and family of the child and the compliance
of the parents in the intervention program. The court will decide whether the child has
successfully completed the center-based intervention program and is already prepared
to be reintegrated with his/her family or if there is a need for the continuation of the
center-based rehabilitation of the child. The court will determine the next period of
assessment or hearing on the commitment of the child.

SEC. 20-B. Repetition of Offenses. A child who is above twelve (12) years of age up
to fifteen (15) years of age and who commits an offense for the second time or
oftener: Provided, That the child was previously subjected to a community-based
intervention program, shall be deemed a neglected child under Presidential Decree No.
603, as amended, and shall undergo an intensive intervention program supervised by
the local social welfare and development officer: Provided, further, That, if the best
interest of the child requires that he/she be placed in a youth care facility or Bahay Pag-
asa, the childs parents or guardians shall execute a written authorization for the
voluntary commitment of the child: Provided, finally, That if the child has no parents or
guardians or if they refuse or fail to execute the written authorization for voluntary
commitment, the proper petition for involuntary commitment shall be immediately filed
by the DSWD or the LSWDO pursuant to Presidential Decree No. 603, as amended.

SEC. 20-C. Exploitation of Children for Commission of Crimes. Any person who, in
the commission of a crime, makes use, takes advantage of, or profits from the use of
children, including any person who abuses his/her authority over the child or who, with
abuse of confidence, takes advantage of the vulnerabilities of the child and shall induce,
threaten or instigate the commission of the crime, shall be imposed the penalty
prescribed by law for the crime committed in its maximum period.

SEC. 20-D. Joint Parental Responsibility. Based on the recommendation of the multi-
disciplinary team of the IJISC, the LSWDO or the DSWD, the court may require the
parents of a child in conflict with the law to undergo counseling or any other intervention
that, in the opinion of the court, would advance the welfare and best interest of the child.

As used in this Act, parents shall mean any of the following:

(a) Biological parents of the child; or

(b) Adoptive parents of the child; or

(c) Individuals who have custody of the child.

A court exercising jurisdiction over a child in conflict with the law may require the
attendance of one or both parents of the child at the place where the proceedings are to
be conducted.

The parents shall be liable for damages unless they prove, to the satisfaction of the
court, that they were exercising reasonable supervision over the child at the time the
child committed the offense and exerted reasonable effort and utmost diligence to
prevent or discourage the child from committing another offense.

SEC. 20-E. Assistance to Victims of Offenses Committed by Children. The victim of

the offense committed by a child and the victims family shall be provided the
appropriate assistance and psychological intervention by the LSWDO, the DSWD and
other concerned agencies.

SEC. 7. Section 22 of Republic Act No. 9344 is hereby amended to read as follows:
SEC. 22. Duties During Initial Investigation. The law enforcement officer shall, in
his/her investigation, determine where the case involving the child in conflict with the
law should be referred.

The taking of the statement of the child shall be conducted in the presence of the
following: (1) childs counsel of choice or in the absence thereof, a lawyer from the
Public Attorneys Office; (2) the childs parents, guardian, or nearest relative, as the
case may be; and (3) the local social welfare and development officer. In the absence of
the childs parents, guardian, or nearest relative, and the local social welfare and
development officer, the investigation shall be conducted in the presence of a
representative of an NGO, religious group, or member of the BCPC.

The social worker shall conduct an initial assessment to determine the appropriate
interventions and whether the child acted with discernment, using the discernment
assessment tools developed by the DSWD. The initial assessment shall be without
prejudice to the preparation of a more comprehensive case study report. The local
social worker shall do either of the following:

(a) Proceed in accordance with Section 20 if the child is fifteen (15) years or below or
above fifteen (15) but below eighteen (18) years old, who acted without discernment;
and

(b) If the child is above fifteen (15) years old but below eighteen (18) and who acted
with discernment, proceed to diversion under the following chapter.

SEC. 8. Section 33 of Republic Act No. 9344 is hereby amended to read as follows:

SEC. 33. Preliminary Investigation and Filing of Information. The prosecutor shall
conduct a preliminary investigation in the following instances: (a) when the child in
conflict with the law does not qualify for diversion; (b) when the child, his/her parents or
guardian does not agree to diversion as specified in Sections 27 and 28; and (c) when
considering the assessment and recommendation of the social worker, the prosecutor
determines that diversion is not appropriate for the child in conflict with the law.

Upon serving the subpoena and the affidavit of complaint, the prosecutor shall notify
the Public Attorneys Office of such service, as well as the personal information, and
place of detention of the child in conflict with the law.

Upon determination of probable cause by the prosecutor, the information against the
child shall be filed before the Family Court within forty-five (45) days from the start of the
preliminary investigation. The information must allege that the child acted with
discernment.

SEC. 9. Section 49 of Republic Act No. 9344 is hereby amended to read as follows:
SEC. 49. Establishment of Bahay Pag-Asa. Each province and highly-urbanized city
(the LGUs) shall be responsible for building, funding and operating a Bahay Pag-asa
within their jurisdiction following the standards that will be set by the DSWD and
adopted by the JJWC.

Every Bahay Pag-asa will have a special facility called the IJISC. This Center will be
allocated for children in conflict with the law in accordance with Sections 20, 20-A and
20-B hereof. These children will be required to undergo a more intensive multi-
disciplinary intervention program. The JJWC in partnership with, but not limited to, the
DSWD, the DOH, the DepED and the DILG, will develop and set the standards for the
implementation of the multi-disciplinary intervention program of the IJISC. Upon
institutionalization of the IJISC program, the JJWC will continue to monitor and provide
technical assistance to the multi-disciplinary teams operating the said centers.

SEC. 10. Section 50 of Republic Act No. 9344 is hereby amended to read as follows:

SEC. 50. Care and Maintenance of the Child in Conflict with the Law. x x x

The LGUs expected expenditures on the local juvenile intervention program for children
at risk and children in conflict with the law shall be included in the LGUs annual budget.
Highly-urbanized cities and provincial governments should include a separate budget
for the construction and maintenance of the Bahay Pag-asa including the operation of
the IJISC within the Bahay Pag-asa.

SEC. 11. Section 57 of Republic Act No. 9344 is hereby amended to read as follows:

SEC. 57. Status Offenses. Any conduct not considered an offense or not penalized if
committed by an adult shall not be considered an offense and shall not be punished if
committed by a child.

SEC. 57-A. Violations of Local Ordinances. Ordinances enacted by local

governments concerning juvenile status offenses such as, but not limited to, curfew
violations, truancy, parental disobedience, anti-smoking and anti-drinking laws, as well
as light offenses and misdemeanors against public order or safety such as, but not
limited to, disorderly conduct, public scandal, harassment, drunkenness, public
intoxication, criminal nuisance, vandalism, gambling, mendicancy, littering, public
urination, and trespassing, shall be for the protection of children. No penalty shall be
imposed on children for said violations, and they shall instead be brought to their
residence or to any barangay official at the barangay hall to be released to the custody
of their parents. Appropriate intervention programs shall be provided for in such
ordinances. The child shall also be recorded as a child at risk and not as a child in
conflict with the law. The ordinance shall also provide for intervention programs, such
as counseling, attendance in group activities for children, and for the parents,
attendance in parenting education seminars.
SEC. 12. Mandatory Registry of Children in Conflict with the Law. All duty-bearers,
including barangay/BCPC workers, law enforcers, teachers, guidance counselors, social
workers and prosecutors who will receive report, handle or refer cases of children in
conflict with the law, shall ensure a faithful recordation of all pertinent information, such
as age, residence, gender, crime committed or accused of and the details of the
intervention or diversion, as the case may be, under which they will undergo or has
undergone, of all children in conflict with the law to guarantee the correct application of
the provisions of this Act and other laws. The JJWC shall lead in the establishment of a
centralized information management system on children in conflict with the law. This
provision is however without prejudice to Section 43 of this Act.

SEC. 13. Section 63 of Republic Act No. 9344 is hereby amended to read as follows:

SEC. 63. Appropriations. The amount necessary to carry out the provisions of this
Act shall be charged against the current years appropriations of the JJWC under the
budget of the Department of Justice. Thereafter, such sums as may be necessary for
the continued implementation of this Act shall be included in the budget of the DSWD
under the annual General Appropriations Act:Provided, That the amount of Four
hundred million pesos (P400,000,000.00) shall be appropriated for the construction of
Bahay Pag-asa rehabilitation centers in provinces or cities with high incidence of
children in conflict with the law to be determined and identified by the DSWD and the
JJWC on a priority basis: Provided, further, That the said amount shall be coursed
through the Department of Public Works and Highways (DPWH) for its proper
implementation.

The LGUs concerned shall make available, from its own resources or assets, their
counterpart share equivalent to the national government contribution of Five million
pesos (P5,000,000.00) per rehabilitation center.

In addition, the Council may accept donations, grants and contributions from various
sources, in cash or in kind, for purposes relevant to its functions, subject to the usual
government accounting and auditing rules and regulations.

SEC. 14. Implementing Rules and Regulations. The JJWC shall promulgate the
necessary rules and regulations within sixty (60) days from the effectivity of this Act.

SEC. 15. Separability Clause. If any provision of this Act is held unconstitutional, other
provisions not affected thereby shall remain valid and binding.

SEC. 16. Repealing Clause. All laws, decrees, ordinances and rules inconsistent with
the provisions of this Act are hereby modified or repealed accordingly.

SEC. 17. Effectivity Clause. This Act shall take effect fifteen (15) days after the
completion of its publication in the Official Gazetteor in at least two (2) national
newspapers of general circulation.
Jean Piaget
by Saul McLeod 2009, updated 2015

Piaget's (1936) theory of cognitive development explains how a child constructs a mental
model of the world. He disagreed with the idea that intelligence was a fixed trait, and
regarded cognitive development as a process which occurs due to biological maturation and
interaction with the environment.

Piaget was employed at the Binet Institute in the 1920s, where his job was to develop French
versions of questions on English intelligence tests. He became intrigued with the reasons
children gave for their wrong answers to the questions that required logical thinking. He
believed that these incorrect answers revealed important differences between the thinking of
adults and children.

Piaget (1936) described his work as genetic epistemology (i.e. the origins of thinking).
Genetics is the scientific study of where things come from (their origins). Epistemology is
concerned with the basic categories of thinking, that is to say, the framework or structural
properties of intelligence.

What Piaget wanted to do was not to measure how well children could count, spell or solve
problems as a way of grading their I.Q. What he was more interested in was the way in
which fundamental concepts like the very idea of number, time,
quantity, causality, justice and so on emerged.

Piaget (1936) was the first psychologist to make a systematic study of cognitive
development. His contributions include a stage theory of child cognitive development,
detailed observational studies of cognition in children, and a series of simple but ingenious
tests to reveal different cognitive abilities.

Before Piagets work, the common assumption in psychology was that children are merely
less competent thinkers than adults. Piaget showed that young children think in strikingly
different ways compared to adults.

According to Piaget, children are born with a very basic mental structure (genetically
inherited and evolved) on which all subsequent learning and knowledge is based.
Piaget's Theory Differs From Others In Several Ways:
It is concerned with children, rather than all learners.

It focuses on development, rather than learning per se, so it does not address learning of
information or specific behaviors.

It proposes discrete stages of development, marked by qualitative differences, rather than a

gradual increase in number and complexity of behaviors, concepts, ideas, etc.

The goal of the theory is to explain the mechanisms and processes by which the infant, and
then the child, develops into an individual who can reason and think using hypotheses.

To Piaget, cognitive development was a progressive reorganization of mental processes as a

result of biological maturation and environmental experience. Children construct an
understanding of the world around them, then experience discrepancies between what they
already know and what they discover in their environment.

There Are Three Basic Components To Piaget's Cognitive Theory:

1. Schemas

(building blocks of knowledge).

2. Adaptation processes that enable the transition from one stage to another
(equilibrium, assimilation and accommodation).

3. Stages of Cognitive Development:

o sensorimotor,
o preoperational,
o concrete operational,
o formal operational.

Schemas
Imagine what it would be like if you did not have a mental model of your world. It would
mean that you would not be able to make so much use of information from your past
experience, or to plan future actions.

Schemas are the basic building blocks of such cognitive models, and enable us to form a
mental representation of the world. Piaget (1952) defined a schema as:

'a cohesive, repeatable action sequence possessing component actions that are tightly
interconnected and governed by a core meaning'.

In more simple terms Piaget called the schema the basic building block of intelligent
behavior a way of organizing knowledge. Indeed, it is useful to think of schemas as units
of knowledge, each relating to one aspect of the world, including objects, actions and
abstract (i.e. theoretical) concepts.

Wadsworth (2004) suggests that schemata (the plural of schema) be thought of as 'index
cards' filed in the brain, each one telling an individual how to react to incoming stimuli or
information.

When Piaget talked about the development of a person's mental processes, he was referring
to increases in the number and complexity of the schemata that a person had learned.

When a child's existing schemas are capable of explaining what it can perceive around it, it is
said to be in a state of equilibrium, i.e. a state of cognitive (i.e. mental) balance.

Piaget emphasized the importance of schemas in cognitive development, and described how
they were developed or acquired. A schema can be defined as a set of linked mental
representations of the world, which we use both to understand and to respond to situations.
The assumption is that we store these mental representations and apply them when needed.

For example, a person might have a schema about buying a meal in a restaurant. The schema
is a stored form of the pattern of behavior which includes looking at a menu, ordering food,
eating it and paying the bill. This is an example of a type of schema called a 'script'.
Whenever they are in a restaurant, they retrieve this schema from memory and apply it to the
situation.

The schemas Piaget described tend to be simpler than this - especially those used by infants.
He described how - as a child gets older - his or her schemas become more numerous and
elaborate.
Piaget believed that newborn babies have a small number of innate schemas - even before
they have had much opportunity to experience the world. These neonatal schemas are the
cognitive structures underlying innate reflexes. These reflexes are genetically programmed
into us.

For example, babies have a sucking reflex, which is triggered by something touching the
baby's lips. A baby will suck a nipple, a comforter (dummy), or a person's finger. Piaget
therefore assumed that the baby has a 'sucking schema'.

Similarly the grasping reflex which is elicited when something touches the palm of a baby's
hand, or the rooting reflex, in which a baby will turn its head towards something which
touches its cheek, are innate schemas. Shaking a rattle would be the combination of two
schemas, grasping and shaking.

Assimilation and Accommodation

Jean Piaget (1952; see also Wadsworth, 2004) viewed intellectual growth as a process
of adaptation (adjustment) to the world. This happens through:

Assimilation
Which is using an existing schema to deal with a new object or situation.

Accommodation
This happens when the existing schema (knowledge) does not work, and needs to be
changed to deal with a new object or situation.

Equilibration
This is the force which moves development along. Piaget believed that cognitive
development did not progress at a steady rate, but rather in leaps and bounds.

Equilibrium occurs when a child's schemas can deal with most new information
through assimilation. However, an unpleasant state of disequilibrium occurs when
new information cannot be fitted into existing schemas (assimilation).
 Equilibration is the force which drives the learning process as we do not like to be
frustrated and will seek to restore balance by mastering the new challenge
(accommodation). Once the new information is acquired the process of assimilation
with the new schema will continue until the next time we need to make an adjustment
to it.

Example of Assimilation
A 2 year old child sees a man who is bald on top of his head and has long frizzy hair on the
sides. To his fathers horror, the toddler shouts Clown, clown (Siegler et al., 2003).

Example of Accommodation
In the clown incident, the boys father explained to his son that the man was not a clown
and that even though his hair was like a clowns, he wasnt wearing a funny costume and
wasnt doing silly things to make people laugh.

With this new knowledge, the boy was able to change his schema of clown and make this
idea fit better to a standard concept of clown.

Stages of Development
Piaget proposed four stages of cognitive development which reflect the increasing
sophistication of children's thought:

1. Sensorimotor stage (birth to age 2)

2. Pre-operational stage (from age 2 to age 7)

3. Concrete operational stage (from age 7 to age 11)

4. Formal operational stage (age 11+ - adolescence and adulthood).

Each child goes through the stages in the same order and child development is determined by
biological maturation and interaction with the environment. Although no stage can be missed
out there are individual differences in the rate at which children progress through stages, and
some individuals may never attain the later stages.

Piaget did not claim that a particular stage was reached at a certain age - although
descriptions of the stages often include an indication of the age at which the average child
would reach each stage.
Sensorimotor Stage (Birth-2 yrs)
The main achievement during this stage is object permanence - knowing that an object still
exists, even if it is hidden.

It requires the ability to form a mental representation (i.e. a schema) of the object.
Preoperational Stage (2-7 years)
During this stage, young children are able to think about things symbolically. This is the
ability to make one thing - a word or an object - stand for something other than itself.

Thinking is still egocentric, and the infant has difficulty taking the viewpoint of others.
Concrete Operational Stage (7-11 years)
Piaget considered the concrete stage a major turning point in the child's cognitive
development, because it marks the beginning of logical oroperational thought.

This means the child can work things out internally in their head (rather than physically try
things out in the real world).

Children can conserve number (age 6), mass (age 7), and weight (age 9). Conservation is the
understanding that something stays the same in quantity even though its appearance changes
Formal Operational Stage (11 years and over)
The formal operational stage begins at approximately age eleven and lasts into adulthood.
During this time, people develop the ability to think about abstract concepts, and
logically test hypotheses.

Educational Implications
Piaget (1952) did not explicitly relate his theory to education, although later researchers have
explained how features of Piaget's theory can be applied to teaching and learning.
Piaget has been extremely influential in developing educational policy and teaching practice.
For example, a review of primary education by the UK government in 1966 was based
strongly on Piagets theory. The result of this review led to the publication of the Plowden
report (1967).

Discovery learning the idea that children learn best through doing and actively exploring -
was seen as central to the transformation of the primary school curriculum.

'The report's recurring themes are individual learning, flexibility in the curriculum, the
centrality of play in children's learning, the use of the environment, learning by discovery
and the importance of the evaluation of children's progress - teachers should 'not assume that
only what is measurable is valuable.'

Because Piaget's theory is based upon biological maturation and stages, the notion of
'readiness' is important. Readiness concerns when certain information or concepts should be
taught. According to Piaget's theory children should not be taught certain concepts until they
have reached the appropriate stage of cognitive development.

According to Piaget (1958), assimilation and accommodation require an active learner, not a
passive one, because problem-solving skills cannot be taught, they must be discovered.

Within the classroom learning should be student centered a accomplished through active
discovery learning. The role of the teacher is to facilitate learning, rather than direct tuition.
Therefore, teachers should encourage the following within the classroom:

o Focus on the process of learning, rather than the end product of it.
o Using active methods that require rediscovering or reconstructing "truths".

o Using collaborative, as well as individual activities (so children can learn from each
other).

o Devising situations that present useful problems, and create disequilibrium in the child.

o Evaluate the level of the child's development, so suitable tasks can be set.

Critical Evaluation
Support
 The influence of Piagets ideas in developmental psychology has been enormous. He
changed how people viewed the childs world and their methods of studying children.

He was an inspiration to many who came after and took up his ideas. Piaget's ideas
have generated a huge amount of research which has increased our understanding of
cognitive development.

His ideas have been of practical use in understanding and communicating with
children, particularly in the field of education (re: Discovery Learning).

Criticisms
Are the stages real? Vygotsky and Bruner would rather not talk about stages at all,
preferring to see development as a continuous process. Others have queried the age
ranges of the stages. Some studies have shown that progress to the formal operational
stage is not guaranteed.

For example, Keating (1979) reported that 40-60% of college students fail at formal
operation tasks, and Dasen (1994) states that only one-third of adults ever reach the
formal operational stage.

Because Piaget concentrated on the universal stages of cognitive development and

biological maturation, he failed to consider the effect that the social setting and
culture may have on cognitive development.

Dasen (1994) cites studies he conducted in remote parts of the central Australian
desert with 8-14 year old Aborigines. He gave them conservation of liquid tasks and
spatial awareness tasks. He found that the ability to conserve came later in the
aboriginal children, between aged 10 and 13 ( as opposed to between 5 and 7, with
Piagets Swiss sample).

However, he found that spatial awareness abilities developed earlier amongst the
Aboriginal children than the Swiss children. Such a study demonstrates cognitive
development is not purely dependent on maturation but on cultural factors too
spatial awareness is crucial for nomadic groups of people.
 Vygotsky, a contemporary of Piaget, argued that social interaction is crucial for
cognitive development. According to Vygotsky the child's learning always occurs in a
social context in co-operation with someone more skillful (MKO). This social
interaction provides language opportunities and language is the foundation of thought.

Piagets methods (observation and clinical interviews) are more open to biased
interpretation than other methods. Piaget made careful, detailed naturalistic
observations of children, and from these he wrote diary descriptions charting their
development. He also used clinical interviews and observations of older children who
were able to understand questions and hold conversations.

Because Piaget conducted the observations alone the data collected are based on his
own subjective interpretation of events. It would have been more reliable if Piaget
conducted the observations with another researcher and compared the results
afterwards to check if they are similar (i.e. have inter rater reliability).

Although clinical interviews allow the researcher to explore data in more depth, the
interpretation of the interviewer may be biased. For example, children may not
understand the question/s, they have short attention spans, they cannot express
themselves very well and may be trying to please the experimenter. Such methods
meant that Piaget may have formed inaccurate conclusions.

As several studies have shown Piaget underestimated the abilities of children because
his tests were sometimes confusing or difficult to understand (e.g.Hughes, 1975).
Piaget failed to distinguish between competence (what a child is capable of doing)
and performance (what a child can show when given a particular task). When tasks
were altered, performance (and therefore competence) was affected. Therefore, Piaget
may have underestimated childrens cognitive abilities.

For example a child might have object permanence (competence) but still not be able
to search for objects (performance). When Piaget hid objects from babies he found
that it wasnt till after 9 months that they looked for it. However, Piaget relied on
manual search methods whether the child was looking for the object or not.

Later, research such as Baillargeon and Devos (1991) reported that infants as young
as 4 months looked longer at a moving carrot that didnt do what it expected,
 suggesting they had some sense of permanence, otherwise they wouldnt have had
any expectation of what it should or shouldnt do.

The concept of schema is incompatible with the theories of Bruner (1966) and
Vygotsky (1978). Behaviorism would also refute Piagets schema theory because is
cannot be directly observed as it is an internal process. Therefore, they would claim it
cannot be objectively measured.
Piaget studied his own children and the children of his colleagues in Geneva in order
to deduce general principles about the intellectual development of all children. Not
only was his sample very small, but it was composed solely of European children
from families of high socio-economic status. Researchers have therefore questioned
the generalisability of his data.
For Piaget, language is seen as secondary to action, i.e. thought precedes language.
The Russian psychologist Lev Vygotsky (1978) argues that the development of
language and thought go together and that the origin of reasoning is more to do with
our ability to communicate with others than with our interaction with the material
world.