, , 
SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
) 
) 
) 
Second Regular Session 
SENATE 
S,No, 
2682 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
TO AUTHORIZE A PROGRAM TO PROVIDE GRANTS TO NONPROFIT 
ORGANIZATIONS THAT CARRY OUT CHILD-PARENT VISITATION 
PROGRAMS FOR CHILDREN WITH INCARCERATED PARENTS 
EXPLANATORY NOTE 
The Constitution, Article 15, Section 1 provides: "The State recognizes the 
Filipino family as the foundation of the nation. 
Accordingly, it shall strengthen its 
solidarity and actively promote its total development." 
Parental incarceration reportedly creates additional challenges for children and 
families often resulting in: 1 
1. Financial instability and material hardship, with financial problems the most 
severe for already vulnerable families and caregivers who support contact 
between the incarcerated parent and his or her child2 
2. Instability in family relationships and structure, and residential mobiliti 
3. School behavior and performance problems4; and 
4. Shame, social and institutional stigmaS 
Increased visitation between incarcerated parents and their children can allegedly 
reduce the anxiety and sense of loss children of incarcerated parents experience. This 
I http://21I.idaho.gov/pdf/COIP Factsheet.pdf. 
2 Garfinkel, I., Geller, A., & Cooper, C. (2007). Parental Incarceration in Fragile Families: Summary of 
Three Year Findings. A report to the Annie E. Casey Foundation (unpublished); Hairston, C. Finney (2007). 
3 !d. 
42 Hairston, C. F. (2007); Hanlon, T. E., Blatchley, R. J., Bennett-Sears, T., O'Grady, K. E., Rose, M., & 
Calla man, J. M. (2005). Vulnerability of children of incarcerated addict mothers: Implications for preventive 
intervention. Children and Youth Services Review, 27, 67- 84. 
, Hairston, C. F. (2007). 
1 


beneficial, low-cost activity may also contribute to a reduction in future crime committed 
by, and incarceration of: children of incarcerated parents.6 
Further, Participation in a comprehensive visitation program supposedly allows 
children of incarcerated parents to build relationships with caring adults and experience 
opportunities for meaningful involvement and membership, helping to reduce the 
negative effects of parent-child separation.7 
Thus, this bill authorizes the Secretary of the Department of Justice to provide 
grants to nonprofit organizations that carry out child-parent visitation programs for 
children with incarcerated parents.8 
L"AA. 4~.4""')~ 
MIRIAM DEI\¥NSOR SANlIAOO 
Ijf 
6 http://thomas.loc.gov/cgi-bin/guerylz?cl 12: H.R.2464.IH :. 
7/d. 
8 This bill was originally tiled by Reps. Rush, Moore, Jackson, Stark, Grijalva, Hirono, Ellison, Cohen, and 
Hastings in the U.S. House of Representatives during the 112th Congress, 1 s! Session. 
2 


SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENATE 
S. No. 
~G8:~ 
) 
) 
) 
Introduced by Senator Miriam Defensor Santiago 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
1 
AN ACT 
2 
TO AUTHORIZE A PROGRAM TO PROVIDE GRANTS TO NONPROFIT 
3 
ORGANIZATIONS THAT CARRY OUT CHILD-PARENT VISITATION 
4 
PROGRAMS FOR CHILDREN WITH INCARCERATED PARENTS 
5 
SECTION 1. Short Title. - This Act shall be known as the "Families Beyond Bars 
6 
Act". 
7 
SECTION 2. Definition of Terms. - For purposes of this Act, the term: 
8 
(1) "Eligible Children" means individuals who are not younger than age 5 and are 
9 
not older than age 18; and have at least one parent who (i) is incarcerated; (ii) during the 
10 
3 -month period preceding participation in the activities carried out by a qualified 
II 
organization, has displayed exemplary compliance with the disciplinary regulations of the 
12 
prison, and during such participation, continues to display exemplary compliance with 
13 
such disciplinary regulations; and (iii) has never been convicted of or pled guilty to any 
14 
offense involving child abuse or any sex offense against a minor. 
15 
(2) "Leadership Development Programming" means programs that help children 
16 
and adults acquire the knowledge, attitudes, and skills associated with the core areas of 
17 
social and emotional competency, including: 
18 
(A) selt:awareness and selt:management to achieve school and life success, 
19 
such as identifying and recognizing strengths, needs, emotions, values and self-


efficacy, impulse control and stress management, self-motivation and discipline, 
2 
and goal setting and organizational skills; 
3 
(B) social awareness and interpersonal skills to establish and maintain 
4 
positive relationships, such as selt~esteem and respect for others, communication, 
5 
working cooperatively, negotiation, conflict management, and help-seeking; and 
6 
(C) decision-making skills and responsible behaviors in personal, academic 
7 
and community contexts, such as situational analysis, problem solving, reflection, 
8 
and personal, social, and ethical responsibility. 
9 
(3) "Qualified Organization" means an entity that carries out child-parent 
10 
visitation programs that foster and develop familial ties between eligible children and 
II 
their incarcerated parents, and that is: 
12 
(A) a nonprofit organization with the capacity (as determined by the 
13 
Department of Justice) to carry out such visitation programs nationwide; 
14 
(B) a nonprofit community-based or faith-based organization; or 
IS 
(C) a partnership of two or more organizations or entities described 111 
16 
subparagraphs (A) or (B). 
17 
(4) "Qualified Program Facilitator" means an individual who: 
18 
(A) is licensed as a clinical psychologist, psychiatrist, or mental health 
19 
professional, or is working under the direct supervision of such a licensed 
20 
individual; 
21 
(B) is licensed as a social worker or working under the direct supervision of 
22 
a licensed social worker; 
23 
(C) is a licensed or certified counselor of mental health, including an 
24 
individual, school, or family counselor or therapist; 
25 
(D) is an otherwise licensed or certified mental health professional qualified 
26 
to provide services to children and adolescents; 
2 


I 
(E) has five (5) or more years of experience working with children in a 
2 
counseling capacity; or 
3 
(P) has undergone a criminal background check, and has completed an 
4 
orientation and all in-service training that is provided by a grantee for facilitators 
5 
of a child-parent visitation program for eligible children. 
6 
SECTION 3. Beyond Bars Grant Program.-
7 
(a) Grant Program Established. -
8 
(1) Grants Authorized. - The Department of Justice is authorized to award 
9 
grants to qualified organizations to carry out, directly or through subgrants to other 
10 
entities, child-parent visitation programs that foster and develop familial ties 
11 
between eligible children and their incarcerated parents. 
12 
(2) Grant Period; Renewability. - A grant awarded under this section shall 
13 
be for not less than a 3-year period and not more than a 5-year period, and may be 
14 
renewed. 
15 
(b) Grant Uses. - Grants awarded under this section may be used by a qualified 
16 
organization to--
17 
(1) organize and lead group meetings, in accordance with subsection (c); 
18 
(2) provide counseling to eligible children, and to their incarcerated parents; 
19 
(3) select one or more qualified program facilitators to--
20 
(A) organize and lead group meetings, in accordance with subsection 
21 
(c); and 
22 
(8) provide counseling to eligible children, and to their incarcerated 
23 
parents; 
24 
(4) provide to one or more such qualified program facilitators a monthly 
25 
stipend in accordance with subsection (d); 
3 


(5) provide transportation for eligible children to attend such group 
2 
meetings, and provide volunteer support to assist in such transportation; 
3 
(6) provide security for eligible children during such group meetings, and 
4 
comply with applicable security procedures required by the facility at which the 
5 
eligible children's parents are incarcerated; 
6 
(7) provide enrichment activities for incarcerated parents of eligible 
7 
children during incarceration and pre-release, including parenting classes and 
8 
transition programs; 
9 
(8) provide connections to and coordination with community and social 
10 
services and other support to eligible children, incarcerated parents, and 
11 
individuals who serve as guardians of eligible children while the eligible children's 
12 
parents are incarcerated; 
13 
(9) obtain program materials and other supplies necessary to carry out other 
14 
grant activities required or permitted under this subsection; 
15 
(10) conduct periodic evaluations of the activities carried out with a grant 
16 
under this section, including volunteer recruitment, parental support and 
17 
development, measurement of children's opportunities to build meaningful 
18 
relationships with caring adults, and measurement of children's opportunities for 
19 
meaningful involvement and membership; 
20 
(11) develop best practices regarding child-parent visitation programs for 
21 
eligible children and their incarcerated parents, based on the evaluations 
22 
conducted under paragraph (10); 
23 
(12) provide age-appropriate enrichment activities for children, including 
24 
activities related to basic life skills, hygiene, healthy and drug-free habits, social 
25 
skills, and building self-esteem and confidence; 
4 


(13) coordinate the logistics of the child-parent visitation program with the 
2 
correctional facility at which the eligible children's parents are incarcerated; 
3 
(14) supervise adult volunteers who are assisting with the child-parent 
4 
visitation program, whether such volunteers are working as individuals or as part 
5 
of a team; and 
6 
(15) conduct outreach activities to recruit eligible children. 
7 
(c) Group Meetings. - The group meetings organized and led by a qualified 
8 
organization with a grant under this section shall be supervised and facilitated by a 
9 
qualified program facilitator in accordance with the provisions of this section, and -
10 
(1) may include meetings for parents that provide an opportunity for 
11 
incarcerated parents of eligible children to obtain and improve parenting skills to 
12 
ensure strong family foundations upon release, which may include evidence-based 
13 
programs and emerging best practices; and 
14 
(2) shall include the following: 
15 
(A) Child-Parent Meetings. -
At least one day each month, a 
16 
meeting that provides an opportunity for eligible children to visit their 
17 
incarcerated parents in the prison facility in which their parents are 
18 
incarcerated, and to take part in child-parent activities based on evidence-
19 
based programs and emerging best practices that foster and develop familial 
20 
ties. Such meeting shall provide a supportive environment for child-parent 
21 
interaction, and may include arts and crafts, games, community service 
22 
projects, and informal group mentoring sessions. 
23 
(B) Meetings for Children. - At least one day each month, on a day 
24 
other than the day described in subparagraph (A), a meeting in a location 
25 
other than a prison facility that provides an opportunity for eligible children 
5 


to build interpersonal problem-solving skills, character, selt:confidence, 
2 
and self-esteem by: 
3 
(i) taking part in: 
4 
(I) activities based on evidence-based programs and 
5 
emerging best practices; 
6 
(II) community service projects; and 
7 
(III) recreational activities; and 
8 
(ii) holding planning meetings. 
9 
(d) Stipend for Qualified Program Facilitators. - Not more than 45 percent of the 
10 
grant funds provided to a qualified organization under this section may be used to provide 
II 
a monthly stipend to qualified program facilitators. To be eligible to receive such a 
12 
stipend, a qualified program facilitator shall enter into an agreement with a qualified 
13 
organization to facilitate and supervise group meetings in accordance with the provisions 
14 
of this section for not less than a one-year period, in exchange for such stipend. Such 
15 
agreement may be renewable, at the discretion of the qualified organization, for 
16 
additional one-year periods. 
17 
(e) Applications; Priority.-
18 
(1) Applications. - A qualified organization interested in receiving a grant 
19 
under this section shall submit an application to the Department of Justice at such 
20 
time, in such manner, and containing such information as the Secretary of Justice 
21 
may require. 
22 
(2) Priority. - In awarding grants under this section, the Secretary of Justice 
23 
may give priority as follows: 
24 
(A) First, to qualified organizations that, before and on the date of 
25 
enactment of this Act, are carrying out a child-parent visitation program for 
26 
eligible children. 
6 


(B) Second, to qualified organizations which have a track record of 
2 
providing research-based, evaluated, and effective leadership development 
3 
programming. 
4 
(C) Third, to qualified organizations based on the quality of the 
5 
organization's plan for measuring and assessing success of the program to 
6 
be carried out with such a grant. 
7 
(D) Fourth, to qualified organizations based on the likelihood that 
8 
the objectives of the program will be achieved by the organization. 
9 
(f) Regulations; Reports-
10 
(1) Regulations. -
The Attorney General is authorized to issue such 
11 
regulations as may be necessary to carry out this section. 
12 
(2) Reports by Organizations. - Each qualified organization receiving a 
13 
grant under this section shall submit to the Secretary of Justice an annual report 
14 
relating to the activities carried out with a grant under this section. Each such 
15 
report shall include: 
16 
(A) the evaluations conducted under this Act and the best practices 
17 
developed, if any; 
18 
(B) demographic information about the eligible children served by 
19 
the qualified organization; 
20 
(C) demographic information about any eligible children who 
21 
applied to participate in the activities carried out with a grant under this 
22 
section by the qualified organization, but who were not accepted for 
23 
participation; and 
24 
(D) an evaluation of the effect of leadership development 
25 
programming on the social and emotional learning of the eligible children 
26 
served by the qualified organization. 
7 


(3) Reports by the Attorney General. - Not later than one year after the date 
2 
of effectivity of this Act, and annually thereafter, the Secretary of Justice 
3 
shall submit to Congress a report summarizing the annual reports submitted 
4 
to the Secretary of Justice. 
5 
SECTION 4. Authorization of Appropriations. - The amount necessary to carry 
6 
out the provisions of this Act is hereby authorized to be appropriated in the General 
7 
Appropriations Act of the year following the enactment of this law and every year 
8 
thereafter. 
9 
SECTION 5. Separability Clause. - If any provision of this Act shall be declared 
10 
unconstitutional, any other provision not affected thereby shall remain in full force and 
II 
effect. 
12 
SECTION 6. Repealing Clause. - All laws, decrees, orders, rules and regulations, 
13 
or parts thereof inconsistent with this Act are hereby repealed or amended accordingly. 
14 
SECTION 7. Effectivity. - This Act shall take effect fifteen (15) days after its 
15 
publication in at least two (2) newspapers of general circulation. 
Approved, 
IfJdp27feb20 15 
8