Republic of the Philippines
HOUSE OF REPRESENATIVES
‘Quezon City

18th CONGRESS
First Regular Session

HOUSE BILL No.2349

Introduced by REP. EVELINA G. ESCUDERO

EXPLANATORY NOTE
‘The Constitution explicitly provides that the State shall defend, among others

“The right of children to assistance, including proper care and nutrition, and special protection from all
Forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their development.”

In consonance with this constitutional mandate, this bill intends to institutionalize alternative family
care for children as an option other than adoption and foster family care

Bearing in mind the subsisting gap, it is submitted that alternative family care for children can address
the issues confronting adoption and foster care by creating foster homes of a new kind, which can be made to
adapt depending on every child’s needs. Moreover, the creation of such home where a caring family thrives,
children will be able to feel an actual sense of security and belonging

With the creation of an institution to be named as Alternative Care Agency, together with the

Department of Social Welfare and Development, the plight of neglected and abandoned children will he
likewise significantly addressed

Respectfully submitted

— hacedet!

EVELINA G. ESCUDERO

' Section 3, paragraph 2, Article XV.


Republic of the Philippines
HOUSE OF REPRESENATIVES
Quezon City

18th CONGRESS
First Regular Session

HOUSE BILL NO. 2349

Introduced by REP. EVELINA G. ESCUDERO

AN ACT
RECOGNIZING AND STRENGTHENING ALTERNATIVE CARE OF CHILDREN, PROVIDING
INCENTIVES TO AGENCIES PROVIDING THE SAME
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTIO’

Short Title, - This Act shall be known as the "Alternative Care of Children Act "

SEC. 2. Declaration of Principles and State Policies. - The State shall defend the right of children to
assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse. cruelty

exploitation or other conditions prejudicial to their development. It shall provide every child who is nealected
abused, surrendered, dependent, abandoned, under socio cultural difficulties, with an alternative family that wll
provide love and care as well as opportunities for growth and development

Further, the State shall guarantee that all the rights of the child enumerated under Article 3 of
Presidential Decree No. 603, otherwise known as “The Child and Youth Welfare Code”, as amended. and the
rights found under Article 20 of the United Nations Convention on the Rights of the Child shall be observed

Finally, the State recognizes that aside from adoption and foster care, altemative child care shall be
established in compliance to UN Guidelines on Alternative Care for Children that will promote the child's
growth and development, and at the same time provide the biological family with the opportunity to continue its
involvement in child rearing

‘Towards this end, the State shall provide every child who is neglected, abused, surrendered, dependent.
abandoned, under socio-cultural difficulties, whose biological family cannot provide basic necessities. or with
special needs with alternative family care that will provide love and care as well as opportunities for growth and
development, without unduly severing the bonds of the child and the biological family

‘The State shall also protect the child’s right to health
SEC. 3. Definition of terms. — For purposes of this Act, the following terms are defined
(a) Alternative Care of Children (ACC) refers to the provision of planned temporary substitute parental

care to a child by an Agency pursuant to Section 4 of this Act and as may be defined by its implementing rules
and regulations


(b) Alternative Care Agency (ACA) ~ refers to a child-caring or child-placing institution licensed and
accredited by the Department of Social Welfare and Development (DSWD) to provide alternative care in
coordination with the host Local Government Unit pursuant to Chapter IV Section 34 of RA 7160

(©) Alternative Care License (license) refers to the document issued by the DSWD authorizing an
ageney to provide alternative care.

(d) Child refers to a person below eighteen (18) years of age, or one who is over eighteen (18) but 1s
unable to fully take care of or protect oneself from abuse, neglect, cruelty. exploitation or discrimination
because of a physical or mental disability or condition

(¢) Family refers to the parents or brothers and sisters, whether of the full or half-blood, of the child
(8) Parent refers to the biological or adoptive parent or legal guardian of a child
SEC. 4. Guiding Principles of ACC ~ ACC shall be guided by the following

(a) All decisions conceming alternative care should take full account of the desirability, in Principle, of
maintaining the child as close as possible to his/her habitual place of residence, in order to facilitate contact and

Potential reintegration with his/her family and to minimized disruption of his/her educational, cultural, and
social life

(b) Decisions regarding children in alternative care, including those in informal care, should have due
regard for the importance of ensuring children a family-based care, group foster care and of meeting their basic
need for safe and long-term relationships to their caregivers, with permanency generally being a key goal

(©) Children must be treated with dignity and respect at all times and must benefit from effective
Protection from abuse, neglect, and all forms of exploitation, whether on the part of care providers, peers or third
Parties, in whatever care setting they may find themselves.

(4) Siblings with existing bonds should in principle not be separated from placements in alternative care
unless there is a clear risk of abuse or other justification in the best interest of the child. In any case, every effort

should be made to enable siblings to grow together, maintain contact with each other unless this is against their
wishes or interests

(c) Provisions of alternative care should never be undertaken with a prime purpose of furthering the
Political, religious, or economic goals of the providers,

(1) Such other principles in accordance with the UN Convention on the Rights of the Child
SEC. 5. Purposes. - The purposes of an ACA shall be as follow

(a) To cooperate with public authorities in providing alternative care to abandoned, dependent. and
neglected children as defined in Presidential Decree No. 603 and Republic Act No. 7610,

(b) To support efforts to keep children,
find another appropriate and permanent solution,

or return them to the care of their family or, failing this. to

(©) To ensure that, while such permanent solutions are being sought or in cases where they are not
Possible or are not in the best interest of the child, the most suitable forms of alternative care are identified ard
Provided under conditions that promote the child’s full and harmonious development,


(d) To assist the Government to better implement their responsibilities and obligations in these respects.
bearing in mind the economic, social, and cultural conditions;

{e) To guide policies, decisions, and activities of all concerned with the social Protection and child
welfare in both the public and the private sectors, including the civil society

(1) Such other purposes to attain the guidelines and principles of the UN Convention on the Rights of the
Child and local statutes,

SEC. 6. Parental Authority of an ACA. ~ ACAs shall be in loco parents, exercising the rights, duties
and liabilities of persons exercising substitute parental authority over the children under their foster care, as may
be provided for by Executive Order No. 209, series of 1987 (“Family Code of the Philippines"), Provided, that
ACAs shall only have the rights of a person with special parental authority to discipline the children under their
care and protection as defined under Section 233 of the Family Code, insofar as it prohibits the infliction of
corporal punishment upon the child

SEC. 7. Privileges. - To allow it to fully realize its mandate, an accredited ACA shall

(a) Enter into agreements with public authorities, and accept provisions for the cost of any service or
activity which may be entrusted to it, within the scope of its object and functions, pursuant to such agreements

(b) Own and hold real and personal properties and accept bequests, donations and contributions of
Property of all classes,

(©) Any donation, contribution, bequest, and grant which may be made to the agency shall be exempt
from donor's tax and the same shall be considered as allowable deduction from the gross income of the donor. in

accordance with the provisions of the National Internal Revenue Code, as amended, provided, that such agency
are accredited NGO pursuant to Executive Order No. 720, series of 2008;

Finally, the agency shall be exempt from the payment of real property taxes on all real properties owned
by it

SEC. 8. Who May Be Placed Under Alternative Care. ~ The following may be placed in alternative
care

(a) A child who is abandoned, surrendered, neglected, dependent or orphaned,
(b) A child who is a victim of sexual, physical, or any other form of abuse or exploitation,
(c)A child with special needs;

(d) A child whose family members are temporarily or permanently unable or unwilling to provide the
child with adequate care,

(€) A child who needs long-term care and close family ties but who cannot be placed for domestic
adoption,

(f) A child who is under socially difficult circumstances such as, but not limited to, a street child, a child
in armed conflict or a victim of child labor or trafficking,


(z) A child who committed a minor offence but is released on recognizance, or who is in custody
Supervision or whose case is dismissed, and

(h) A child who is in need of special protection as assessed by a social worker, an agency or the DSWD

SEC. 9. Role of the Department of Social Welfare and Development (DSWD) (a) Issuance of License.
~ The DSWD shall have the authority to accredit by issuing an Alternative Care license based on the application
by the agency to include stipulation of its track record and to determine the motivations, capacities and
Potentials of said agency. The license is renewable every three (3) years unless earlier revoked by the DSWD

(b) Periodic Review. ~ The DSWD shall review its existing alternative care guidelines, align it to the
UN Guidelines and domestic laws and conduct periodic review on it

SEC. 10. Role of Local Government Units (LGUs). ~ The host LGU, pursuant to Section 108 of
Republic Act No. 7160 (“Local Government Code”), shall accredit alternative care agencies that are duly

recognized by the DSWD in their locality. It shall put in place monitoring mechanisms over these alternative
care agencies,

‘The LGU, through its Local Social Welfare and Development Office. shall include the provisions of this
Act in the development of its plans and strategies, and upon approval thereof by the governor or mayor, as the
case may be, implement the same particularly those which have to do with social welfare programs and projects
which the governor or mayor is empowered to implement and which the sanggunian is empowered to provide
for under the Local Government Code

SEC. 11. Seminars and Trainings. ~The DSWD, in coordination with the Department of the Interior
and Local Government (DILG), is hereby mandated to develop and provide programs to ensure the awareness
and responsiveness of local government officials in the promotion and development of the alternative care
system in every city, municipality or barangay

SEC. 12. Unlawful Solicitation. - It shall be unlawful for any person to solicit, collect or receive

money, materials or property of any kind by falsely representing himself to be a member, agent or representative
of any alternative care agency

SEC. 13. Penal Clause. - Any person, whether natural or juridical, violating any section of this Act
shall, upon conviction therefore, be liable to a fine of not less than Fifty thousand pesos (P50,000 00) or
imprisonment for a term not exceeding one (1) year, or both, at the discretion of the court for each and every
violation. In case the violation is committed by a corporation or an association, the penalty shall devolve upon
the President, Director or any other officer responsible for such violation

SEC. 14. Alternative Care of Children (ACC) Committee. ~ There is hereby created an Alternative
Care of Children Committee, chaired by the DSWD Secretary. The secretaries, or duly appointed representatives
of the Department of Health, Department of Education. Department of the Interior and Local Government
Council for the Welfare of Children, and the various local government leagues shall be members thereof

SEC. 18. Duties of the ACC Committee. ~ The ACC Committee shall primarily monitor the
implementation, review, and recommend changes in policies concerning alternative family care and other
‘matters related to the child’s welfare. It shall submit to the DSWD Secretary and to Congress an annual report of
the policies, programs and activities relative to the implementation of this Act, and recommendations for
remedial legislation to strengthen alternative family care

SEC. 16, Implementing Rules and Regulations. - The DSWD, as lead agency, the Department of
Justice (DOJ), the Department of Health (DOH), the Bureau of Internal Revenue (BIR), the Council on Welfare


of Children (CWC), the DILG, with institutions presently providing alternative family care, the Leagues
Provinces, Cities and Municipalities, and Liga ng mga barangay, and other concerned government agencies. in
consultation with agencies are hereby mandated to prepare and draft the IRR to operationalize the provisions of
this Act within ninety (90) days from its effectivity

SEC. 17. Suppletory Clause. ~ The provisions of Executive Order No. 209, series of 1987, otherwise
known as the Family Code of the Philippines and other applicable laws, shall have suppletory application to this
Act.

SEC. 18. Repealing Clause. ~ Any law, presidential decree, issuance, executive order, letter of
instruction, administrative order, rule and regulation contrary to or inconsistent with the provisions of this Act is
hereby repealed, modified or amended accordingly

SEC. 19. Separability Clause. — If any provision of this Act is held invalid or unconstitutional, the other
Provisions not affected hereby shall remain valid and subsisting,

SEC. 20. Effectivity. ~ This Act shall take effect
newspapers of general circulation or in the Official Gazerte.

fifteen (15) days after its publication in two (2)

Approved,