1) Why “informed consent” matters in the JJWA system

The Philippine Juvenile Justice and Welfare Act (JJWA) establishes a child-rights, welfare-centered framework for responding to children in conflict with the law (CICL) and children at risk (CAR). In that framework, many of the most important decisions are meant to be voluntary, participatory, and protective of dignity—especially when the child is being diverted away from formal prosecution and into community-based intervention.

That is where “informed consent” becomes essential.

In practice, agencies and practitioners use informed consent forms to document that:

the child and the child’s parent/guardian (or appropriate representative) understood the process, program, or disclosure being proposed;
the choice was voluntary (not coerced or made under intimidation, deception, or improper pressure);
the child’s rights were explained in a language and manner the child can understand; and
the decision aligned with the child’s best interests, consistent with the JJWA’s protective purpose.

Informed consent in juvenile justice is not only a “form”—it is a process: explanation, comprehension-check, voluntariness, and documentation.

2) Informed consent in the Philippine legal setting: consent vs. assent, capacity, and “best interests”

A. Consent, assent, and legal capacity

Because a CICL is a minor, the law generally recognizes that parents/guardians exercise parental authority and ordinarily provide legal consent for major decisions. But the JJWA also demands meaningful child participation. So in juvenile justice practice, consent is commonly structured as:

Child’s “assent” (the child agrees after understanding), plus
Parent/guardian’s consent (or a legally appropriate substitute decision-maker when parents are absent/unavailable/conflicted), plus
Counsel/social worker facilitation to ensure the decision is informed and voluntary.

Even when a parent signs, the process should still confirm the child’s understanding—because diversion, counseling, conferencing, and rehabilitation succeed only if the child actually participates rather than merely “complying on paper.”

B. “Voluntary” in a custodial or power-imbalanced environment

A decision can look voluntary on paper but be invalid in substance if:

the child is exhausted, hungry, frightened, or intimidated;
the child is promised release, favors, or threatened with harsher treatment;
the child lacks access to counsel or a supportive adult; or
the explanation is delivered in adult legal language the child cannot understand.

A valid informed consent process requires time, privacy, child-friendly explanation, and the presence of counsel and/or an appropriate support person where required.

C. The best interests standard

Even when consent is obtained, practitioners must still ask whether what is being agreed to is appropriate, proportionate, and protective. In juvenile justice, “consent” does not legitimize abusive or harmful interventions.

3) Where informed consent forms arise under the JJWA (and why)

The JJWA’s structure creates several “decision points” where written consent documentation is commonly used. Some are explicitly tied to JJWA principles (diversion, restorative processes, confidentiality, rehabilitation), while others arise from general legal and ethical requirements (medical procedures, psychological testing, information disclosure, counseling ethics).

A. Initial contact, apprehension, and custodial procedures

Core JJWA idea: Children must be treated differently from adults, with heightened safeguards.

In practice, informed consent documents appear in these contexts:

Explanation of rights and procedures Children must be informed of their rights in a child-appropriate way. While rights advisories are not “consent forms” per se, many stations/offices document that rights were explained and understood (especially when the child is asked to sign anything). Best practice is to avoid turning this into a “waiver” (see below).
Statements, admissions, and “confessions” A critical principle in juvenile justice is that children are highly vulnerable to suggestion and coercion. Any document that resembles a “confession” should be treated with extreme caution. Under Philippine law and the JJWA’s protective spirit, a child should not be asked to sign documents that waive rights or operate as unassisted admissions, and any lawful statement-taking must be accompanied by proper safeguards (including counsel and an appropriate adult where required).

Practical implication: A “consent form” should never be used to pressure a child into signing an admission. If a child is asked to participate in diversion, the documentation should emphasize voluntariness and understanding—not guilt extraction.

Medical examination and documentation of injuries After apprehension or referral, a child may need medical attention or medico-legal documentation (e.g., visible injuries, health screening). Medical ethics require informed consent (or guardian consent) and child assent when feasible.
Photography, fingerprinting, and records Even where routine booking documentation occurs, JJWA confidentiality rules make record-handling sensitive. If photos or identifying data are collected, access, retention, and disclosure must follow strict confidentiality and child-protection protocols.

B. Diversion (the biggest “informed consent” area in JJWA practice)

Diversion is a central JJWA mechanism—aimed at resolving the matter outside formal court proceedings through restorative and rehabilitative measures (depending on the offense and circumstances).

1) What requires consent in diversion

Because diversion is designed to be a constructive alternative to prosecution, it must be entered into knowingly and voluntarily. Practitioners typically document consent for:

Participation in diversion proceedings (e.g., child-and-family conference, restorative dialogue)
Acceptance of a diversion program or measures (community service, counseling, restitution, skills training, apology, etc.)
Signing the diversion agreement/contract and understanding obligations, timelines, and monitoring
Information-sharing among implementing agencies needed to deliver the diversion plan

2) Whose consent matters

A robust diversion consent and agreement typically involves signatures of:

the child (assent/participation);
the parent/guardian (or an appropriate representative if parents are unavailable);
the facilitator (often a social worker or designated officer);
where applicable, the victim/complainant (especially if restitution, apology, or mediated outcomes are involved), recognizing that victim participation should also be voluntary and safe.

3) What must be “informed” in a diversion consent

At minimum, the child and guardian should understand:

What diversion is (a restorative/welfare-based approach; not a criminal conviction)
Available options (not “take it or else”)
The specific diversion measures proposed (what the child must do; how long; where; schedules)
Support services available (counseling, education support, family intervention)
Monitoring and compliance expectations
What happens if the diversion agreement is completed (case closure consistent with juvenile justice practice)
What happens if it is not completed (possible referral to formal proceedings depending on the case pathway and applicable rules)
Confidentiality protections and limits (who gets to know what)
The right to consult counsel and to ask questions before signing

A child-friendly explanation is essential. A best practice is a “teach-back” method: ask the child to explain in their own words what they are agreeing to.

C. Intervention for children at risk (CAR) and community-based programs

Not all JJWA cases involve criminal prosecution. Children at risk may be referred for services such as:

family counseling,
educational reintegration,
psychosocial support,
skills training,
community-based supervision.

Even when interventions are protective, consent documentation is still vital because these programs can involve:

collection of sensitive personal data,
home visits and interviews,
coordination with schools and barangay structures,
possible referrals for medical/mental health services.

Consent helps ensure the family understands the program and reduces distrust and non-participation.

D. Psychosocial assessment, case study reports, and psychological testing

Social workers, psychologists, and multidisciplinary teams often conduct assessments to guide diversion plans, intervention programs, or court recommendations. Informed consent forms are commonly used for:

interviews (child and family),
home visits and collateral interviews (school, barangay, relatives),
review of records (school, medical, prior case data),
psychological tests (where applicable),
case study report preparation for decision-making bodies.

Key consent elements here include:

purpose of the assessment,
what information will be collected,
who will receive the report,
confidentiality and its limits,
the voluntary nature of participation (to the extent consistent with the legal process),
the child’s right to be heard and to correct factual errors where feasible.

E. Counseling, therapy, and mental health interventions

Counseling is a frequent diversion/intervention component. Proper informed consent should cover:

counseling goals and approach,
session frequency and duration,
confidentiality limits (e.g., threats of harm, abuse disclosures, court orders),
recordkeeping,
coordination with guardians/schools,
the child’s rights during the therapeutic process.

Because children may feel “forced,” it is important to distinguish:

required participation as a diversion condition, versus
the counselor’s ethical obligation to obtain genuine engagement and explain what counseling is.

F. Restorative justice conferences and victim-related processes

The JJWA promotes restorative approaches where appropriate. Consent is especially sensitive when:

victim-offender mediation is proposed,
an apology or restitution discussion will occur,
family conferencing includes many adults,
there is potential intimidation, shame, or retaliation.

Here, informed consent should address:

the structure of the conference,
ground rules (no threats, no humiliation),
safety planning,
the right of the victim and the child to stop the process,
confidentiality expectations and limits,
who will be present.

G. Placement, temporary custody, and facility-based interventions (including Bahay Pag-asa context)

RA 10630 strengthened facility-based components (including Bahay Pag-asa arrangements in many LGUs) for certain cases and for children needing intensive intervention.

Not all placements are purely voluntary—some occur under lawful authority or court direction. Still, informed participation remains important:

explaining why the placement is being done,
duration and rules,
services available,
complaint mechanisms,
contact with family,
education access,
privacy and confidentiality.

Where a placement is court-ordered, consent forms do not replace the order; instead, they document that the child and guardian were informed of facility rules, services, and rights.

H. Confidentiality, record-sharing, and “release of information” forms

Confidentiality is one of the JJWA’s defining features: children should be protected from stigma and lifelong labeling.

In practice, agencies may use Release of Information (ROI) or Data Sharing Consent forms when coordinating services, such as:

school reintegration,
health services,
mental health referrals,
livelihood programs,
barangay-level monitoring,
inter-agency case management.

A strong ROI form should be:

specific (what information, to whom, for what purpose, for how long),
minimal (only what is needed),
revocable where appropriate (subject to legal constraints),
clear about mandatory reporting and lawful disclosures (e.g., court orders, child protection reporting).

Important note: Some disclosures are prohibited or restricted even if a family “consents”, especially where the law protects a child’s identity (e.g., public/media exposure). Consent cannot be used to justify unlawful disclosure.

4) A practical matrix: stage → consent issue → who signs → key safeguards

Stage / Setting	Typical document	Who signs	Non-negotiable safeguards
Intake / referral (LSWDO/BCPC)	Consent to interview & case management	Parent/guardian + child assent	Child-friendly explanation; confidentiality limits
Psychosocial assessment	Assessment/test consent	Parent/guardian + child assent	Explain purpose, recipients, limits; avoid coercion
Counseling/therapy	Counseling informed consent	Parent/guardian + child assent	Limits on confidentiality; child’s comfort and safety
Diversion conference	Consent to diversion process	Child + parent/guardian; facilitator	Voluntary participation; counsel access; teach-back
Diversion agreement	Diversion contract/agreement	Child + parent/guardian; implementing officers; (victim if applicable)	Clear obligations, timelines; consequences; confidentiality
Referrals (school/health)	Release of information	Parent/guardian + child assent	Specific scope; minimum necessary data
Facility admission/orientation	Rights & rules acknowledgment	Parent/guardian + child assent	Rights explained; complaint channels; family contact rules

5) What a legally defensible informed consent form should contain (JJWA-aligned)

A good informed consent form in juvenile justice is short, specific, and child-readable, with attachments if needed. Common core components:

A. Basic identifiers (confidential handling)

Case reference number (avoid unnecessary identifying details in shared copies)
Child’s name (or coded identifier where feasible)
Date, place, and office/agency
Name of parent/guardian/representative
Name of facilitator/social worker/counsel (as applicable)

B. Purpose and nature of the activity

What is being requested (assessment/counseling/diversion/ROI)
Why it is being done
What will happen (step-by-step in plain language)

C. Voluntariness and choices

A statement that participation is voluntary to the extent allowed by the process, and alternatives are explained
The right to ask questions and consult counsel before signing
For diversion: clarify that choosing not to enter diversion may lead to formal procedures (without threats)

D. Risks, discomforts, and benefits

Possible emotional discomfort (especially in conferencing)
Time commitments and obligations
Expected benefits (skills, support, closure, reintegration)

E. Confidentiality and limits

What information will be kept confidential
Who may access records (need-to-know roles)
Legal/ethical limits (harm, abuse disclosures, court orders)
Prohibition on public disclosure of identity consistent with child-protection norms

F. Duration, monitoring, and follow-through (especially for diversion)

Program duration and schedule
Monitoring method (who checks compliance, how often)
What counts as completion
What happens if conditions change (modification procedure)

G. Signatures, witnesses, and copies

Signature lines for child, parent/guardian, facilitator, counsel (where applicable)
Witness signature (often helpful)
Statement that a copy was provided to the child and guardian

6) How to obtain consent properly (process checklist)

A form is only as valid as the process behind it. A JJWA-consistent consent process typically includes:

Private, calm briefing No signing in a chaotic hallway, in front of arresting officers, or while the child is crying uncontrollably.
Language and comprehension adjustments Use Filipino or the child’s dialect; simplify legal terms; use examples.
Teach-back Ask: “Can you tell me what will happen if you join this program?” If the child cannot explain it, consent is not yet “informed.”
No bargaining with liberty Avoid statements like “Sign this so you can go home.” That undermines voluntariness.
Counsel / support presence when stakes are high For diversion decisions and anything resembling admissions, ensure counsel and a supportive adult are available consistent with due process safeguards.
Time to decide Where feasible, allow the family to consult privately and return with questions.
Provide a copy A child should not be left with obligations they cannot review.

7) Common mistakes that undermine validity (and can violate child rights)

“Waiver” forms presented to children (waiver of counsel, waiver of rights, waiver of privacy) without genuine understanding.
Blanket consent to “share information with any agency” (too broad; violates confidentiality norms).
Treating consent as confession (“sign here to admit you did it”).
Failure to address conflicts of interest (e.g., parent is the complainant/abuser or is coercing the child).
No interpreter or disability accommodation (consent not informed if the child cannot understand).
Public exposure (allowing identifying photos/names to circulate; JJWA confidentiality principles are strict).
Program obligations not explained (child agrees to community service without knowing schedule, location, hours, consequences).

8) Special situations: who may sign when parents are absent or conflicted?

In real JJWA work, children are often:

living apart from parents,
under the care of relatives,
in street situations,
or in families where the parent is the source of harm.

Best practice in these cases:

identify the legally appropriate guardian/representative where possible;
involve the local social welfare officer;
seek court guidance/appointment of a guardian ad litem where required in contested or high-stakes situations;
avoid relying on a coercive or conflicted adult to “consent” to interventions that affect the child.

The guiding principle is that representation should be protective, independent, and aligned with the child’s best interests.

9) Illustrative templates (adapt to local protocols)

A. Template: Informed Consent for Psychosocial Assessment (CICL/CAR)

INFORMED CONSENT FOR PSYCHOSOCIAL ASSESSMENT Case Ref: _______ Date: _______ Office: _______

Purpose: I/We understand that the Social Welfare Office will conduct interviews and gather information to understand the child’s situation and to recommend appropriate interventions/services.

What will happen:

Interview of the child and parent/guardian
Possible home visit
Coordination with school/other relevant persons for collateral information (only as necessary)
Preparation of a report for case management/diversion planning/court/prosecutor (as applicable)

Confidentiality: Information will be kept confidential and shared only with authorized persons for the child’s case management, subject to lawful requirements (e.g., court orders, mandatory reporting of abuse or threats of serious harm).

Voluntary participation and questions: I/We have been informed of the purpose and process in a language we understand. I/We had the chance to ask questions.

Child’s Name/Signature (Assent): __________ Date: ____ Parent/Guardian/Representative: __________ Date: ____ Social Worker/Facilitator: _______________ Date: ____ Witness: ______________________________ Date: ____

B. Template: Consent to Participate in Diversion Proceedings

CONSENT TO PARTICIPATE IN DIVERSION PROCEEDINGS Case Ref: _______ Date: _______ Venue: _______

Explanation received: I/We were informed about diversion as a process intended to address the incident through restorative and rehabilitative measures, consistent with the child’s rights and welfare.

Options discussed: I/We were informed of available options and the proposed diversion measures.

Voluntary decision: I/We understand that participation is voluntary. I/We understand the proposed steps, expectations, and monitoring.

Confidentiality: I/We understand the confidentiality of juvenile cases and that the child’s identity and records are protected, subject to lawful disclosures.

Child (Assent/Signature): ______________ Date: ____ Parent/Guardian/Representative: _______ Date: ____ Facilitator/Social Worker: _____________ Date: ____ Counsel (if present): _________________ Date: ____ Witness: _____________________________ Date: ____

C. Template: Specific Release of Information (ROI) for Referrals

RELEASE OF INFORMATION (SPECIFIC AND LIMITED) Child/Case Ref: _______ Date: _______

I authorize [Agency/Office A] to disclose the following information: ☐ attendance/school records ☐ assessment summary ☐ referral letter ☐ program participation status ☐ other: _______

To: [Agency/Office B / Named Person & Position] Purpose: [e.g., school reintegration, health referral, counseling intake] Duration: This authorization is valid until _______ or until the purpose is completed, whichever comes first.

Limits: Only the minimum necessary information will be shared for the stated purpose. The child’s identity and records remain protected under child confidentiality standards and applicable laws.

Child (Assent): __________________ Date: ____ Parent/Guardian/Representative: ___ Date: ____ Officer/Witness: _________________ Date: ____

10) Bottom line: what “all there is to know” boils down to in JJWA practice

Informed consent is a rights safeguard, not paperwork.
Diversion-related documents are the core consent-heavy area in JJWA implementation.
Because the client is a child, assent + adult consent + protective facilitation is the usual structure.
Confidentiality is central—and consent does not justify illegal public disclosure.
The validity of consent depends on comprehension and voluntariness, especially in power-imbalanced settings like police stations and formal proceedings.
Good forms are plain-language, specific, minimal, and documented with copies provided.