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FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
2430 
S. No. 
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) 
) 
Introduced by Senator Manuel "Lito" M. Lapid 
EXPLANATORY NOTE 
' 
Article XV of the 1987 Constitution provides that "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, and other conditions prejudicial to their 
development. " 
Our existing laws and statutes also guarantee the rights of our children, as 
enumerated under Article 3 of Presidential Decree No, 603, otherwise known as "The 
Child and Youth Welfare Code", in compliance with the provisions of the United Nations 
Convention on the Rights of the Child, 
Despite the existence of child protection laws in our country, it cannot be denied 
that there are individuals and families who are in the state of problem and crisis, And 
while indeed parents are responsible for providing their children with the proper 
environment for them to grow up as upright individuals and responsible citizens, those 
placed in problem situations could not and fail to fulfill this responsibility, thus giving rise 
to abandoned and neglected children, The situation is worse for abused who are 
physically and/or sexually abused, 
This measure seeks to enhance the foster care program in the country in order to 
ensure that the foster family of a child shall provide a wholesome atmosphere to the 
foster child, Furthermore, this bill seeks to protect the rights of the biological child of the 
foster family and ensure that in no case shall he/she be disadvantaged as a result of the 
placement of a foster child, 
In view of the foregoing, the passage of this bill is earnestly sought. 


FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
s. No. 24aO 
) 
) 
) 
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Introduced by Senator Manuel "lito" M. Lapid 
AN ACT 
TO STRENGTHEN AND PROPAGATE FOSTER CARE FOR ABANDONED 
AND NEGLECTED CHILDREN AND OTHER CHILDREN WITH SPECIAL 
NEEDS, PROVIDING APPROPRIATIONS THEREFOR AND FOR OTHER 
PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
ARTICLE I 
GENERAL PROVISIONS 
SECTION 1. 
Short Title. - This Act shall be known as the "Foster Care Act 
of 2010". 
SEC. 2. 
Declaration of Policy. - Article XV of the Constitution provides 
that 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, 
and other conditions prejudicial to their development. 
It is hereby declared the policy of the State to provide every child who is abused, 
neglected, surrendered, dependent, abandoned, under socio-cultural difficulties, and 
with special needs with an alternative family that will provide love and care as well as 
opportunities for growth and development. 
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. 
, 
Towards this end, the State shall systematize and enhance foster care program 
in the country. It shall ensure that the foster family shall provide a wholesome 
atmosphere to the foster child. 
The State shall also protect the rights of the biological child of the foster family 
and ensure that in no case shall he/she be disadvantaged as a result of the placement 
of a foster child. 
SEC.3. 
are defined as: 
Definition of Terms. - For purposes of this Act, the following terms 


(a) 
"Agency" refers to any child-caring or child-placing institution licensed and 
accredited by the Department of Social Welfare and Development (DSWD) to 
implement the foster care program. 
(b) 
"Child" refers to a person below eighteen (18) years of age, or one who is 
over but is unable to fully take care of or protect himself/herself from abuse, neglect, 
cruelty, exploitation or discrimination because of a physical or mental disability or 
condition. 
(c) 
"Child Case Study Report" refers to a written report prepared by a social 
worker containing all the necessary information on a child. 
(d) 
"Child with special needs" refers to a child with developmental and/or 
physical disability. 
(e) 
"Foster Care" refers to the provision of planned temporary substitute 
parental care to a child by a foster parent. 
(f) 
"Foster child" refers to a child placed under foster care. 
(g) 
"Foster family care license" refers to the document issued by the DSWD 
authorizing the foster parent to provide foster care. 
(h). 
"Foster parent" refers to a person, duly licensed by the DSWD to provide 
foster care to a child. 
(i) 
"Foster Placement Authority" refers to the document issued by the DSWD 
authorizing the placement of a particular child with the foster parent. 
0) 
"Home Study Report" refers to a written report prepared by a social worker 
containing the necessary information on a prosp~ctive foster parent/family member. 
(k) 
"Matching" refers to the judicious pairing of a child with foster parents and 
family members based on the capacity and commitment of the foster parents to meet 
the individual needs of the child and the capacity of the child to benefit from the 
placeme[1t. 
(I) 
"Parents" refers to the biological or adoptive parents or guardians. 
(m) 
"Placement" refers to the physical transfer of the child with the foster 
parent. 
(n) 
"Social Worker" refers to the registered and licensed social worker of the 
DSWD, local government unit (LGU), or agency. 
ARTICLE II 
ELIGIBILITY 
SEC. 4. 
Who May Be Placed Under Foster Care. - A child may be placed 
under foster care if he/she is in need of special protection, as assessed by a social 
worker, due, but not limited to, any of the following circumstances: 
(a) 
Child who is abandoned, surrendered, neglected, dependent or orphaned; 
(b) 
Child who is a victim of sexual, physical, or any other form of abuse or 
exploitation; 
(c) 
Child with special needs; 
2. 


(d) 
Child whose parents are temporarily or permanently unable to provide 
him/her with adequate care; 
(e) 
Child awaiting adoptive placement and would have to be prepared for 
family life; 
(f) 
Child who needs long-term care and close family ties but who cannot be 
placed for adoption; 
(g) 
Child whose adoption has been disrupted; 
(h) 
Child under socia-difficulties such as, but not limited to, street child, child 
in armed conflict, one who is a victim of child labor or trafficking, and child 
whose family and/or himself/herself is affected by HIV-AIDS; and 
(i) 
Child who has committed a minor offense but has been released on 
recognizance or on custody supervision or his/her case dismissed but 
whose family or relatives are not capable or providing him/her care. 
SEC. 5. 
Who May Be a Foster Parent. - Any applicant who meets all the 
following qualifications may be a foster parent: 
(a) 
Must be of legal age; 
(b) 
Must have a genuine interest, capacity and commitment in parenting and 
be able to provide a family atmosphere for the child; 
(c) 
Must have a healthy and harmonious relationship with each family 
member; 
(d) 
Must have good moral character; 
(e) 
Must be physically and mentally capable and emotionally mature; 
(f) 
Must have sufficient resources to provide for the family's needs; and 
(g) 
Must be willing to be trained to further hone his/her knowledge, attitudes, 
and skills in caring for a child. 
The relatives of the child shall be given priority to be the foster parent/so 
An alien possessing the above stated qualifications and has resided in the 
Philippines for at least six (6) continuous months and will continue to stay in the country 
for the duration of the foster placement may qualify as a foster parent. 
ARTICLE III 
PROCEDURE 
SEC. ,6. 
Recruitment and Development of Foster Parent. -
Social 
workers shall reach out to communities to recruit and develop applicants for foster care. 
SEC. 7. 
Issuance of License. -
The DSWD shall issue a license to 
applicant foster parents after determining their motivation, capacities and potentials for 
development on the basis of a home study report submitted by the agency or LGU 
concerned. The license is renewable unless earlier revoked by the DSWD. 
SEC. 8. 
Matching. -
Matching shall be done by the agency/ies or LGU 
concerned only after the child case study and the home study have been conducted. 
The child case study report shall establish the ne'eds of the child for consideration in the 
selection of the foster parent. Likewise, the home study report shall establish said foster 
parent's capacity and resources to provide a safe, secure, and loving home to the child. 
SEC. 9. 
Placement. - The physical transfer of the child to the foster parent 
shall be allowed only after the Foster Placement Authority has been issued, except in 
emergency cases when the life of the child is in danger or at risk due to natural or man-
made disasters. The DSWD shall issue the Foster Placement Authority within five (5) 
working days from submission of application thereof. Otherwise, the application for a 
3 


Foster Placement Authority shall be deemed approved after the lapse of said period 
without express or written denial thereof. 
SEC. 10. 
Supervision of Foster Placement. - Supervised foster placement 
begins as soon as the foster parent receives the child into his/her care. 
During the foster placement, the social worker shall conduct regular home visits 
to monitor the child's adjustment in the foster home and shall submit progress reports to 
the DSWD. 
In case of injury or death of a foster child, or if he/she runs away or gets lost, 
such incident shall be reported immediately to the agency which, in turn, shall report the 
same to the DSWD. 
SEC. 11. 
Termination of Placement. - Termination of placement shall be 
done by the DSWD upon the recommendation of the agency or LGU. 
, 
ARTICLE IV 
ADOPTION OF A FOSTER CHILD 
SEC. 12. 
Conditions. -
A foster parent may adopt his/her foster child 
through the following conditions: 
(a) 
The foster parent must have all the qualifications as provided for by 
Republic Act No. 8552, otherwise known as the "Domestic Adoption Act of 1998", or 
Republic Act No. 8043, otherwise known as the "Inter-Country Adoption Act of 1995", as 
the case may be; 
(b) 
The foster child has not yet been matched for adoption; 
(c) 
The trial custody, as required in adoption, may be waived by the DSWD: 
Provided, That a harmonious relationship exists between the child and his/her foster 
parents and family members; and 
(d) 
For purposes of this Act, the procedure for adoption shall be governed by 
Republic Act No. 8552 or Republic Act No. 8043, as the case may be. 
ARTICLE V 
ASSISTANCE AND INCENTIVES 
SEC. 13. 
Foster Child Subsidy. - A foster child shall be given a monthly 
subsidy by the LGU with augmentation from the DSWD. 
SEC. 14. 
Support Care Services to Foster Parents. -
The DSWD, the 
social service unit of the LGU, or the agency shall provide support care services to 
include, but not limited to, counseling, visits, training on child care and development, 
respite care, skills training, and livelihood assistance. 
SEC. 15. 
Tax Exemptions. -
(a) 
Additional Exemption For Dependents of Foster Parents. - For purposes 
of claiming the additional exemption by foster parenUs for each dependent not 
exceeding four (4), the definition of the term "dependent" under Section 35(8) of the 
National Int~rnal Revenue Code (NIRC) of 1997, as amended, shall include "foster 
child"; 
4 


(b) 
Income Tax Exemption to a DSWD Accredited Non-government Agency. -
All income received by a DSWD accredited non-government agency shall be exempt 
from income tax pursuant to Section 30 of the NIRC of 1997, as amended; and 
(c) 
Incentives For a DSWD Accredited Non-government Organization Donor. 
- Gifts and donations of real and personal properties of all kinds shall be exempt from 
the donor's tax and the same shall be considered as allowable deductions from the 
gross income in the computation of the income tax of a donor which shall qualify as a 
DSWD accredited non-government organization, in accordance with the provisions of 
the NIRC of 1997, as amended. 
ARTICLE VI 
PENALTIIES 
SEC. 16. 
Penalties. -
(a) Any person found to be committing any act of 
neglect, abuse, cruelty, exploitation, or other similar acts prejudicial to the foster child's 
development shall be punished in accordance with Republic Act No. 7610, as amended, 
otherwise known as "An Act Providing For Stronger Deterrence and Special Protection 
Against Child Abuse, Exploitation and Discrimination, Providing for its Violation, and for 
other Purposes", and other applicable laws. 
(b) 
Any person who violates any provision of this Act shall be punished with 
imprisonment of not less than three (3) months but not more than three (3) years or a 
fine of not less than Ten thousand pesos (Pi0,OOO.OO) but not more than One hundred 
thousand pesos (Pi00,OOO.OO), or both, at the discretion of the court. 
(c) 
Any agency which violates any provision of this Act and its implementing 
rules and regulations shall be punished as follows: 
(1) 
For the first violation, a fine of not less than Five thousand pesos 
(P5,OOO.OO) but not exceeding Twenty thousand pesos (P20,OOO.OO); and 
(2) 
'For any subsequent violation, a fine of not less than Twenty thousand 
pesos (P20,OOO.OO) but not exceeding One hundred thousand pesos (Pi00,OOD.00) and 
the revocation of its license to operate. 
(d) 
If the offender is a public official, the court may impose the additional 
penalty of disqualification from office in addition to the penalties provided in the 
preceding paragraph. 
ARTICLE VII 
FINAL PROVISIONS 
SEC. 17. 
Foster Care Committee. - The Regional Child Welfare Specialist 
Group of the DSWD shall serve as the Foster Care Committee, which shall have the 
following functions: 
(a) 
Review and deliberate issues affecting the placement of a particular child; 
(b) 
Make recommendations to resolve any dispute between and among the 
agency, the parents, the foster parents and the child; 
(c) 
Monitor the implementation, review and recommend changes in policies 
and other matters concerning foster care and the child's welfare; and 
5 


(d) 
DSWD. 
Perform such other functions and duties as may be prescribed by the 
SEC. 18. 
Appropriations. - The Secretary of the DSWD shall include in the 
Department's programs the implementation of this Act, the initial funding of which shall 
be charged against its current year's appropriations. 
Thereafter, the amount necessary for its continued implementation shall be 
included in the annual General Appropriations Act. 
SEC. ,19. 
Implementing Rules and Regulations. -
The DSWD, as lead 
agency, the Department of the Interior and Local Government, the Department of 
Justice, IJ:1e Department of Health, the Council for the Welfare of Children and other 
concerned government agencies, in consultation with accredited child-caring institutions 
and organizations with foster care programs and both Houses of Congress, are hereby 
mandated to prepare and draft the implementing rules and regulations to ope rationalize 
the provisions of this Act within three (3) months from its effectivity. 
SEC. 20. 
Repealing Clause. -
Any law, presidential decree, issuance, 
executive order, letter of instruction, administrath(e order, rule and regulation contrary 10 
or inconsistent with the provisions of this Act is hereby repealed, modified or amended 
accordingly. 
SEC. 21. 
Separability Clause. - If any provision of this Act is held invalid or 
unconstitutional, the other provisions not affected thereby shall remain valid and 
subsisting. 
SEC. 22. 
Effectivity Clause. - This Act shall take effect fifteen (15) days 
following its publication in two (2) newspapers of general circulation or in the Official 
Gazette. 
Approved, 
6