Section 7Sec./Art. 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."