~ FIFTEENTH CONGRESS — =
REPUBLIC OF THE PHILIPPINES
FIRST REGULAR SESSION

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B, Rodriguez and
Representative Maximo B. Rodriguez, Jr.

2278

House Bill No.

EXPLANATORY NOTE

The nurture, care, support and development of the child is the utmost
responsibility of the family. There are instances, however, in which the family
cannot function as such, hence the need for alternative care. When problems of
broken home, unwed motherhood, abandonment, illness or extreme poverty and
the like seriously disrupt family relationships, substitute parental care becomes
necessary.

Foster care is a planned substitute parental care for a child by a licensed
foster parent when his biological parents cannot care for him. Children who are
abandoned, neglected or with delayed development and poor health can be
placed in foster homes. Instead of putting the child in an institution, foster homes
can be the best substitute because of the social and emotional values they can
offer to children who are in need of love, care and attention and can provide an
atmosphere where a child can experience a healthy family life.

The passage of this bill on foster care is indeed significant in the light of the
growing proportion of Filipino children urgently needing alternative family care.

Hence, the immediate passage of this bill is earnestly sought.

RUFUS B. RIGUEZ

We.

MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS --—_
REPUBLIC OF THE PHILIPPINES
FIRST REGULAR SESSION

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. 2278

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 1
GENERAL PROVISIONS

SECTION 1. Title. - This Act shall be known as the “Foster Care Act’.

SEC 2. Declaration of Policy. - The Constitution, Article 15 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 and with developmental
and physical disability 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 for the foster child


The State-shalt-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. Definition of Terms.- For purposes of this Act, the following terms
are defined as:

a)

b)

°)

d)

e)

9)

h)

“Agency” refers to any child care or child placement institution
licensed and accredited by the DSWD to implement the foster care
program;

“Child” refers to a person below eighteen (18) years of age, or those
over but is unable to fully take care of himself/herself or protect
himselffnerself from abuse, neglect, cruelty, exploitation or
discrimination because of a physical o mental disability or condition;

“Child Case Study Report’ refers to a written report prepared by a
social worker containing all the necessary information on a child;

“Child with Special Needs” refers to a child with physical or mental
disability or condition;

“Foster Care” refers to the provision of planned temporary substitute
parental care to a child by a foster parent;

“Foster Family Care License” refers to the document issued by the
Department of Social Welfare and Development (DSWD) authorizing
the foster parent to provide foster care;

“Foster Parent” refers to a person, duly licensed by the DSWD, to
provide foster care to a child;

“Foster Placement Authority” refers to the document issued by the
DSWD authorizing the placement of a particular child with the foster
parent,

“Home Study Report” refers to a written report prepared by a social
worker containing the necessary information on prospective
parent/family members;

“Matching” refers to the judicious pairing of a child with a foster
parent and family members based on the capacity and commitment
of the foster parents to meet the individual needs of a particular child
and the capacity of the child to benefit from the placement;

“Parents” refers to the biological or adoptive parents or guardian;


m)

“Placement” refers to the physical transfer of the child with the foster
parent; and

“Social Worker” refers to the registered or licensed Social Worker of
the DSWD, Local Government Unit (LGU) or Agency.

ARTICLE Il
ELIGIBILITY

SEC 4. Who May Be Placed on Foster Care. - A child may be placed on
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)

b)

c)

qd)

e)

9)
h)

Child who is abandoned, surrendered, neglected, dependent or
orphaned;

Child who is a victim of sexual, physical, or any other form of abuse
or exploitation;

Child with developmental and/or physical disability;

Child whose parents or guardians are temporarily or permanently
unable to provide the child with adequate care;

Child awaiting adoptive placement and would have to be prepared
for family life;

Child who needs long-term care and close family ties but who cannot
be placed for adoption;

Child whose adoption has been disrupted;

Child under social difficulties such as, but not limited to, street child,
child in armed conflict and those who are victims of child labor or
trafficking; and

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 of providing him/her
with care.

SEC. 5. Who May Be a Foster Parent. - Any applicant must meet all the
following qualifications:

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, emotional maturity, be physically
and mentally capable and whose resources are able to provide for
the family’s needs; and

e) 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.

An alien possessing the above qualifications and has resided in the
Philippines for at least six (6) months may qualify as a foster parent.

ARTICLE Ill
PROCEDURE

SEC. 6. Recruitment and Development of Foster Parents. - Social Workers
shall reach out to communities to recruit applicants for foster care.

SEC. 7. /ssuance of License. - The DSWD shall issue a license based on
the home study report submitted by the Agency to determine the motivations,
capacities and potentials for development of applicants. The license is renewable
every three (3) years unless earlier revoked by the DSWD.

SEC. 8. Matching. - Matching shall be done by the Agency only after the
child case study and the home study have been conducted. The child case study
report shall establish the needs of the child for consideration in the selection of the
foster parent. Likewise, the home study report shall establish the 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 (FPA) has been issued.

SEC. 10. Supervision of Foster Placement. - Supervision of 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 accident, injury or death-of a foster child, or if he/she runs away
or gets lost, such case shall be reported immediately to the Agency, which, in turn,
shall immediately 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.

ARTICLE IV
ADOPTION OF A FOSTER CHILD

SEC. 12. Conditions. — A foster parent may adopt his/her foster child
through the following conditions:

a)

b)

©)

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 “Inter-
Country Adoption Act of 1995", as the case may be;

The trial custody, as required in adoption, may be waived; Provided,
that a harmonious relationship exists between the child and his/her
foster parents and family members; and

The procedures for adoption, for purposes of this Act, 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. Assistance to a Foster Child.-

a)

b)

Foster Child Subsidy. - A foster child, through the Agency, shall be
entitled to a monthly subsidy from the DSWD, subject to existing
government auditing rules and regulations. The subsidy is primarily
aimed to support the expenses of the child to lessen the financial
burden of the foster parent.

Health Insurance - A foster child shall be entitled to health insurance
benefits subject to the guidelines to be used by the DSWD and
PHILHEALTH.

SEC. 14, Assistance and Incentives to a Foster Parent. —

a)

Special Discounts - To the extent possible, the government may
grant special discounts to a foster parent on the purchase of basic
commodities for the exclusive use of a foster child subject to the


________ guidelines to be issued for the purpose by the Department of Trade —
and Industry (DTI)

») Support Care Services - The DSWD, the social service units of local
governments and Agencies 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.

©) Personal Exemption - For purposes of determining the taxable
income of a foster parent who is either unmarried, widow/widower or
legally separated, a foster child shall be treated as a dependent by
the said foster parent, that would qualify him/her as “head of the
family” entitled to the P25,000.00 personal exemption under the
provisions of Section 36 (A) of the National Internal Revenue Code
of 1997.

d) Additional Exemption for Dependents. — For purposes of claiming the
P8,000.00 additional exemption of foster parents for each
dependent not exceeding four (4), the definition of the term
“dependent” under Section 35 (B) of the NIRC of 1997 shall be
amended to include “foster child”, provided, however, that all the
other conditions provided for under the aforesaid section of the Tax
Code are complied with. Provided, further, that this additional
exemption shall be allowed only if the period of foster care is at least
a continuous period of one (1) taxable year.

The foregoing provisions to the contrary notwithstanding, for purposes of
this section, only one foster parent can treat the foster child as dependent for a
particular taxable year to the exclusion of the parents and other foster parents of
the child, if any.

SEC. 15. Incentives to Agencies and Donors. -

a) Agencies - Agencies and donations to agencies shall be entitled to
the following tax incentives:

(1) Exemption from Income Tax — An Agency, which must
be an accredited Non-Governmental Organization (NGO),
shall be exempt from income tax on the income derived by it
under the provision of Sec. 30 of the Tax Code, as
implemented by Revenue Regulations (RR) No. 13-98; and

Q) It can also apply for qualification as a qualified-donee
institution entitled to receive donations from donors who shall
be exempt from Donor's Tax.


____b)_ Donors — Donations to-an-accredited NGO-shall-be entitled to the~—
following:

(1) Full deductibility from the gross income of the donor of
the amount donated subject to the conditions provided for
under Sec. 34 (H) of the Tax Code of 1997; and

(2) Exemption from donor's tax under Sec. 101 of the Tax
Code provided that not more than 30% of the amount of
donations shall be spent for administrative expenses.

ARTICLE V
PENALTIES
SEC. 16. Penalties. —
a) Any foster parent, found to be committing any act of neglect,

abuse, cruelty or exploitation and other similar acts prejudicial to the
child’s development, shall be penalized in accordance with Republic
Act No. 7610, 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, natural or juridical, who violates any provision of
this Act shall be penalized 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 (P10,000.00) but not more than One
Hundred Thousand Pesos (P100,000.00), or both at the discretion of

the court.

°) ‘An Agency which violates any provision of this Act and its
implementing rules and regulations shall suffer the following
penalties:

1) For the first violation, a fine of not less than Five Thousand
Pesos (P5,000.00) but not exceeding Twenty Thousand
Pesos (P20,000.00); and

2) For any subsequent violation, a fine of not less than Twenty
Thousand Pesos (P20,000.00) but not exceeding One
Hundred Thousand (P100,000.00) and revocation of its
license to operate.

ARTICLE Vil
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, foster parents and the child;

°) Monitor the implementation, review and recommend changes
in policies concerning foster care and other matters related to the
child's welfare;

d) ‘Submit to the President of the Philippines and to Congress an

annual report of the policies, programs and activities relative to the
implementation of this Act; and

e) Perform such other functions and duties as may be prescribed
by the DSWD.

SEC. 18. Appropriation. - The amount necessary to carry out the
provisions of this Act shall be included in the General Appropriations Act of the
year following its enactment into law and thereafter. An initial amount of Twenty-
Five Million Pesos (P25,000,000.00) shall be allocated for the first year of its
operation. Such sum shall be in the allocation for child-related programs of the
DSWD.

SEC. 19. Implementing Rules and Regulations. - The DSWD, as lead
agency, Department of Justice (DOJ), Department of Health (DOH), Bureau of
Internal Revenue (BIR), Council for the Welfare of Children (CWC), and other
concerned government agencies, in consultation with accredited child-caring
institutions and organizations with foster care programs, are hereby mandated to
prepare and draft the implementing rules and regulations to operationalize 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, administrative order, rule and regulation
contrary to or inconsistent with the provisions of this Act is hereby repealed,
modified, or amended accordingly.

SEC, 21. Separability Clause. - \f any provision of this Act is held invalid or

unconstitutional, the other provisions not affected hereby shall remain valid and
subsisting.

SEC. 22. Effectivity Clause. - This Act shall take effect fifteen (15) days
following its complete publication in two (2) newspapers of general circulation or in
the Official Gazette.

Approved.