' RECEIVED
Republic of the Philippines pave: QSL 2016
HOUSE OF REPRESENTATIVES Carico tae
Quezon City { ive JE pe
BY: (

SEVENTEENTH CONGRESS
First Regular Session

1163
HOUSE BILL NO.

REGISTRATION UNIT

Introduced by REPRESENTATIVE MARIA LOURDES ACOSTA-ALBA

EXPLANATORY NOTE

This bill seeks to institutionalize alternative family care for children as an option other
than adoption and foster family care.

Adoption normally provides the orphaned child with the best substitute for the family he
or she has lost. But only few of these children have the chance of being adopted. Many of them
fail to meet the requirements of prospective parents who have decided ideas regarding the origin,
appearance, intelligence or age of the child they wish to adopt. All too often there is some
obstacle to their adoption, Sometimes relatives make difficulties or even refuse to give their
consent.

Children who have no chance of being adopted would be best cared for in a foster home
which, after adoption, best fulfills the ideal of a family upbringing. This however, is only true of
the good foster home, Children placed in less satisfactory foster families are exposed to new
dangers.

The proposed measure secks to fill a gap in the existing welfare facilities by creating
foster homes of a new king which could be adapted on a broader basis to each child’s needs. The
bill promotes child development within a caring family environment. In particular, this bill
strives to promote and protect the “caring” element of a family environment, so that each child
has a caring parent or alternative parental caregiver who can guide and support the child's
development. It strives for siblings to be able to stay together, unless this is not in their best
interests. Within a caring family environment, the family creates a “home” where children enjoy
a real sense of security and belonging.

The 2009 United Nations Guidelines for Alternative Care of Children, to which the
Philippines is a signatory thereof, enhances the implementation of the UN Convention of the
Rights of the Child to ensure that children don not find themselves in altemative care

HOUSE 9F REPRESENTATIVES

BILLS AND INDEX SERVICE



unnecessarily, and where out-of-home care is provided, it is delivered under appropriate
conditions responding to the child’s rights and best interests.

The bill seeks to combine all the advantage of the private foster family through an
Alternative Care Agency (ACA) with those of the best type of children’s home, while
eliminating the disativantages stated above :

The ACA is basically very like an ordinary private foster family. It has, however, certain
advantages. It can be supervised and controlled in its work, and adults-in-charge of the children
can be carefully selected and trained. It has the merit of existing solely in the interests of the
care. It is exclusively concerned with meeting their needs and with

idren committed to it
ng for their many and diverse problems.

Unlike adoption or foster care; alternative care of children does not totally cut off
children’s contact with their biological families, Except when the children’s welfare will be
endangered, or they are abused by their own family members, alternative care of children allows
biological parents and families to participate in the rearing of the children given to the care of
ACAs, This ensures that the unity and strength of family units is preserved.

In view of the foregoing, approval of this megsure is most eamestly sought.

boa
[ARTA LOURDES ACOSTA-ALBA
First District, Bukidnon


Republic of the Philippines
OF REPRESENTATIV!

SEVENTEENTH CONGRESS
First Regular Session

1163

HOUSE BILLNO, _*

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 Represenatives of the Philippines in Congress assembled:

Section 1. Title. — This Act shall be known as the “Alternative Care of Children Act.”

Section 2. Declaration of Principles and State Policies, ~ The State shall defend the
right of children to assis including proper care and nutrition, and special protection
from all forms of avgle ruelty, exploit onditions prejudicial to their
development. It shall provide every child who is rendered, dependent,
abandoned, uric «1 difficulties, with «an alernative family that will provide love
and care as well us opportunities for growth end development.

an
abuse,

ion or other

r sociocu!

Further, (22 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 th nund under Article 20 of the United Nations Conventions
on the Rights of tae Child shall be observed.

rights

anizes that aside for adoption and foster care, alternative child
care shall be estoblished in compliance to UN Guilelines on Altemative Care for Children
that will promote the child’s growth and development, and the same time provide the
biological family with the opportunity to continue its involvement in child rearing.

Finally, the State re

Towards this end, the State shall provide every child who is neglected, abused,
surrendered, dependent, ehandoned, under socio-cultural difficulties, whose biological family
scessities, or with special nerds with alternative family care that will
well as opportunities for crowth and development, without unduly

cannot provide
provide love and care ¢
severing the bonds of the child end biological nly.

‘The State shall also protect the child’s right to heaith



Section 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
ementing rules and regulations.

and as may be devined by its itn

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

(c) Alternative Care License (license) refers to the document issued by the DSWD

authorizing an agzncy fo provide alternative cat

(d) Child refer 2 person below eighteen (18) years of age, or one who is over
eighteen (18) but is unable lo fully take care of oF protect oneself from abuse, neglect,
cruelty, exploitation or discrimination because of « physica! or mental disability or condition.

(ec) Fuanily refers wo the paten's or bvothers and sisters, whether of the full or half
blood, of the ch

(1) Parent refers to the biologieal or adoptive parent or legal guardian of a child.

Section 4, Guiding Principles of ACC. - ACC shall be guided by the following:

(a) All decisions conceming alternative care should take full account of the
desirably, in prinziple, of maintaining the child as close as possible to his/her habitual place
viial eeiavegretion with his/her family and

of residence, in order to facilitate con and

to minimized disruption 0° his/her educational. culturs

1, and social life,

(b) Decision regarding child’en in altemative care, including those in informal
care, should have due regard for the imporsence of ensaring children a family-based care,
group foster care end of sod for safe and long-term relationship to their
caregivers. with -ermanen:

goal.

Jldren must be treated with dignity and respect at all times and must benefit
nd ci forras of exploitation, whether on the
roviders, peers or thitd parties, in whatever care setting they may find

(©)
from effective
part of
themselves

(@ Siblings with existin
placements in elier
best interest of the
together, maintain contact with each othe

bonds shovld in principle not be separated from

vay ish of abuse or other justification in the
tos should be made to enable siblings to grow
is against their wishes or interests.

native care wales the

hild. In any case, eve



(©) Provisions of alternative care should never be undertaken with a prime
¢ the political, religious, or economic goals of the providers.

purpose of furthe

(8) Such other principles in accordance with the UN Convention on the Rights of
the Child.

Section 5. Purposes. ~The purposes of at ACA shall be as follow

(a) ‘To cooperete with public authorities in providing alternative care to

abandoned, dependent, and neg/eeted children jefined in Presidential Decree No. 603 and

Republic Act No. 7610;

(b) To support efforts to keep ehildees {n, or return them to the care of their family

or, failing this, to find another appropriate and permanent solution

(©) ‘Te 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 and provided unde” conditions that promote the child’s full
and harmonious development;

(@) To assist tae Government t better implement their responsibilities and
obligations in these respects, bearing: in taind thy vecuomie, social and cultural conditions;

ons, and activities of all concerned with the social
. including the civil society.

(c) To guide policies, dee

protection and child welfare in both oublic and ihe private sectors

(Such other purp ines and principles of the UN

Convention on the Rights of the Child and local siatiites.

es to attain the gui

ection 6. Parental Authority of at C4. — ACAs shall be in loco parents,
exercising the rights, duties an¢ lizbilities 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. tha: ACAs shall only have the
rights of a person with special parental auchoriiy i 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 punistimeat upon the child,

Section 7. Privileges. ~ To allow it to fully realize its mandate, an accredited ACA.
shall:

ements with public authorities,

eatrusted to it, \

nd accept provisions for the
in the scope of its object and

(a) Enter into 4
cost of any service or acti
functions, pursue to such

y whic



(b) Own and
contributions off sroperty of all class:

nold real and pe-sonal properties and accept bequests, donations and

(©) Any donat west, and grant which may be made to the
ageney shall be exempt ‘tom donor's tax ané the same shall be considered as allowable
deduction fom the gross income of the donor, in accordance with the provisions of the
National Internal Revenue Code, es amended. provided, that such agency are accredited
NGO pursuant so Executive ( of 200

contribution, be

Finaily. the i
properties owned by it

ney shall be exempt ment of real property taxes on all real

Section 8. Who May Be Pig
placed in alternative care:

viative Cure, ~ The following may be

(a) A chile who is abandoned. surrende cied, dependent or orphaned;

(b) A child who is a victim of sesual, physical, or any other form of abuse or
exploitation

ial needs;

(©) Acchild with spe

(4) 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 domes ‘ic adoptior

(0) A child wha is under socially difficult circumstances such as, but not limited
to, a street child, a child in armed coafliel or a victinn of child labor or trafficking

pitted & minor offs

hose is dism

(g) A child who corn,
who is in custody supervision or

(h) A child whe is ir need of special protection as assessed by a social worker, an
agency or the DSWED,

Section 9. Role of th ont of Swcial Welfare anit Developrient (DSWD). —
(@) Issuance of License, — The DSWD shall seve the authority to accredit by issuing an
Alternative Care license based on the application by the agency to include stipulation of its
sities and potentials of said agency. The

WD.

track record and to determine the motivatioas,
license is renewable every three (3) years unless earlier revoked by the DS



(b) Periodic Review, - The DSWD s
guidelines, align it to the UN Guidelines and
it,

all review its existing alternative care
nestic laws end conduct periodic review on

Section 30. Role of Local Government Units (LGUs). ~ The host LGU, pursuant
Section 108 of Republic Act No. 7160 (“Local Government Code”), shall accredit alternative
care agencies that ere duly recognized by the DS\V’D in their locality, It shall put in place
monitoring mechanisms over these alternatives

aye agencies

The LGU. through its Local Social Welfare and Development Office, shall include the
provisions of this Act in the development of ity plans and strategies, and upon approval
thereof by the govemnor or rayor, as the case my be, itmplement the same particularly those
which have to do with social welfare programs cad projects which the governor or mayor is
empowered to implement and whieh the satigguniar 1s empowered to provide for under the
Local Government Code.

Section 11. Seminars and Traimings, - Yie DSWD, in coordination with the
Department of the Interior Local Goverment (DII.G), is hereby mandated to develop and
provide program: to ensure (he awareness and responsiveness of veal government officials in
the promotion and development of the etecr ery city, municipality or
barangay

Section 12. Untwwful Solicitation. -- \i shall be unlawful for any person to solicit,
collect or money, materials or property of aay ‘sind by falsely representing himself to
be a member, agent or representative of aay alternative cate a

eney,

ection 13. Penal Clause, — Any person, whether natural or juridical, violating any
section of this Act shall, upon conviction therefore, be liable (0 a fine of not less than fifly
thousand pesos (150,000.09) or imprisonment for a cerm not exceeding one (1) year, or both,
at the discretion of the court for each and every viowation. lation is committed
by a corporation or an association, the ponalt on the President, Director or
any other officer “espor

the v

ll deve

ble for such violation

14, Alternative Care of Children (ACC) Committee. - There is hereby
created an Alt tive Care of Children Comittee, chaired by the DSWD Secretary. The
seeretaries, or dily appointed representatives of Us of Health, Department of
Education, Departm Goverment, Council for the Welfare of
Children,

of the Interior ai

1nd the various local government leagues shall be members thereof

tion 15. Duties of the ACC Conuulttes, - The ACC Commitee shall primarily
monitor the implementation, review, and recornmend changes in policies concerning
alternative family care and other matters related to ‘he child's welfare. It shall submit to the
DSWD Secretary and to Congress an ernual repon of the policies, programs and activities



relative to the amplementarion of this Act, and recommendations for remedial legislation to
strengthen altern<tive family care.

Section 15, Jmplenwesing Rules and Regulations, ~ Tbe DSWD, as lead agency, the
Department of Jast (DOJ). the Department of Health, the Bureau of Internal Revenue
(BIR), the Council on Welfare of Chiltren (CWC), the DILG, with institutions presently
providing alte family case, the Le: snd Municipalities, and Liga
ng mga Bari’ vee concerned government agencies, in consultation with agencies
are hereby niandcted 10 prepare and drafl the IRE. to operatioralize the provisions of this Act
within ninety (9 \ day

) Clause, - The provisions of Executive Onder No. 209, series
‘ ppiues and other applicable laws,

Section 17. Supplets
of 1987, otherwise know as the Family
shall have supple‘ory apptivstion to this Acu

‘ode of the Phi

fesidentie! decree, issuance, executive
cule anid cegulation contrary to or
repeled, modited or amended

Seetion (B. Repeutiny Clause. — Any
order, letter of instruction, salministrativ
inconsistent wil’ the provisions of this Act ts hereby
according! y

Section 19. Separiebility Clause. ~ Wf any provisions of this Act is held invalid or

unconstitutional, ‘he other pevisions aot affeetea! Lueralyy sk isi and subsisting.

ma

ake effect fitecn (15) days after its
Me.

tion 10, Hffectvtis. = This Act s
jeation in two (2) newspapers of genersl earculation oF in the Qffieral ¢

Approweil,