EIGHTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
)
SENATE
S. No. 2050
“ Cl ’■
*21 FEB 15 AlO 59 
\
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Introduced by Senator Manuel "Lito" M. Lapid
AN ACT
ESTABLISHING A MORATORIUM ON AGING OUT OF FOSTER CARE DURING 
THE STATE OF PUBLIC HEALTH EMERGENCY DUE TO THE CORONAVIRUS 
DISEASE (COVID-19) PANDEMIC AND FOR SIX (6) MONTHS THEREAFTER, 
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 10165, OTHERWISE 
KNOWN AS THE FOSTER CARE ACT OF 2012
EXPLANATORY NOTE
It has been reported that the current COVID-19 pandemic has a "potentially 
far-reaching, long-term negative impact on children" in the form of increasing 
incidence of domestic violence, child labor, sexual exploitation, teenage pregnancy, 
limited or no education and other forms of abuse or violation of their rights.1 This 
negative impact is even more pronounced in vulnerable sectors of this age group such 
as abandoned, neglected, orphaned, rescued or surrendered children. One specific 
example is the plight of children under foster care. These children are commonly not 
equipped with sufficient filial and social networks and support systems from whom 
they can depend on or who are capable of assisting them in enduring this pandemic 
situation. When these children age out of their foster care arrangements, they most 
likely don't have families, relatives and even close friends who can temporarily shelter 
them and provide them with basic necessities. They may end up returning in crowded
https://www.hrw.org/news/2020/04/09/covid-19s-devastating-impact-children


institutional care facilities or orphanages, or worse, become homeless and live in the 
streets.
This bill seeks to address this problem by establishing a moratorium on the 
aging out of children in foster care, i.e. reaching the age of majority which terminates 
the foster care placement, under Republic Act No. 10165 or the "Foster Care Act of 
2012" during the pendency of the "State of Public Health Emergency Throughout the 
Philippines" in connection with the Coronavirus Disease (COVID-19) pandemic as 
declared by Presidential Proclamation No. 922, series of 2020, and for six (6) months 
from the termination thereof. Children who were under foster care during the start of 
the State of Public Health Emergency declared by Presidential Proclamation No. 922, 
series of 2020, but have aged out prior to the effectivity of this Act shall be entitled 
to return to foster care, if requested. During the moratorium period, the bill also 
provides that both the foster child and the foster parent/s shall continue to receive 
the assistance and incentives set forth in Section 21 (Foster Child Subsidy and Health 
Insurance) and Section 22 (Support Care Services) of Republic Act No. 10165.
In view of this, early passage of this bill is sought.
L "LITO" M. LAPI
Senator K


EIGHTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
)
SENATE
*21 FEB 15 A10S9
S. No. 2050
Rl'Cc ■
Introduced by Senator Manuel "Lito" M. Lapid
AN ACT
ESTABLISHING A MORATORIUM ON AGING OUT OF FOSTER CARE DURING 
THE STATE OF PUBLIC HEALTH EMERGENCY DUE TO THE CORONAVIRUS 
DISEASE (COVID-19) PANDEMIC AND FOR SIX (6) MONTHS THEREAFTER, 
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 10165, OTHERWISE 
KNOWN AS THE FOSTER CARE ACT OF 2012
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled:
Section 1. Section 14 of the RA 10165 is hereby amended to read as follows:
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"Sec. 14. Termination of Placement. Termination of placement shall 
be done by the DSWD, upon recommendation of the agency, on the 
following grounds:
(a) Return of the child to biological parents;
(b) Placement for adoption of the child;
(c) Death of the child;
(d) Death of both foster parents;
(e) Expiration of the FPA; and
(f) In all cases where placement becomes prejudicial to the welfare 
of the child, such as, but not limited to, abandonment, 
maitreatment, sexual assault, violence or other forms of abuse.


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Provided, That in the case of (f), the foster chiid, with the assistance 
of a registered social worker, shall have the option to apply for 
termination of placement.
PROVIDED, FURTHER, THAT THERE SHALL BE A 
MORATORIUM ON THE AGING OUT OF CHILDREN IN 
FOSTER CARE DURING THE PENDENCY OF THE STATE OF 
PUBLIC HEALTH EMERGENCY THROUGHOUT THE 
PHILIPPINES IN CONNECTION WITH THE CORONAVIRUS 
DISEASE (COVID-19) PANDEMIC AS DECLARED BY 
PRESIDENTIAL PROCLAMATION NO. 922, SERIES OF 2020, 
AND FOR SIX (6) MONTHS FROM THE TERMINATION 
THEREOF. CHILDREN WHO REACH THE AGE OF MAJORITY 
WHILE IN FOSTER CARE SHALL NOT BE REMOVED FROM 
FOSTER CARE AND SHALL HAVE THE OPTION TO REMAIN 
IN FOSTER CARE. PROVIDED, FURTHER, THAT CHILDREN 
WHO WERE UNDER FOSTER CARE DURING THE START OF 
THE STATE OF PUBLIC HEALTH EMERGENCY DECLARED BY 
PRESIDENTIAL PROCLAMATION NO. 922, SERIES OF 2020, 
BUT HAVE AGED OUT PRIOR TO THE EFFECTIVITY OF THIS 
ACT SHALL BE ENTITLED TO RETURN TO FOSTER CARE, IF 
REQUESTED.
PROVIDED, FINALLY, THAT DURING THE MORATORIUM 
PERIOD, BOTH THE FOSTER CHILD AND THE FOSTER 
PARENT/S SHALL CONTINUE TO RECEIVE THE ASSISTANCE 
AND INCENTIVES SET FORTH IN SECTION 21 AND 22 OF 
THIS ACT.
THE REQUIREMENTS OF REGULAR HOME VISITS AND 
QUARTERLY PROGRESS REPORTS PROVIDED IN SECTION 
13 OF THIS ACT SHALL CONTINUE TO BE FULFILLED OR 
CONDUCTED DURING THE MORATORIUM PERIOD.


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Section 2. Repealing Clause.—All laws, presidential decrees, executive orders, 
proclamations, rules and regulations, or any part thereof, which are inconsistent with 
the provisions of this Act are hereby repealed or modified accordingly.
Section 3. Separability Clause. - If any provision or part of this Act, or the 
application thereof to any person or circumstance, is held unconstitutional or invalid, 
the remainder of this Act shall not be affected thereby.
Section 4. EffectMty Clause.—This Act shall take effect fifteen (15) days from 
its publication In the Official Gazette or in at least two (2) newspapers of general 
circulation. This Act shall expire and be deemed repealed six (6) months after the 
termination of the State of Public Health Emergency Throughout the Philippines in 
connection with the Coronavirus Disease (COVID-19) pandemic, as declared in 
Presidential Proclamation No. 922, series of 2020
Approved,