Republic of the Philippines 
1 
First Regular Session 
1 
FOURTEENTH CONGRESS 
} 
S E N A T E  
Bill No. 9128 8 
Introduced by Senator FRANCIS G. ESCUDERO 
EXPLANATORY NOTE 
This bill proposes a comprehensive legal framework for a foster care 
system in our country. It is principally aimed to address the social, physical, 
economic and moral needs of children who have been abandoned, neglected, 
surrendered and/or abused. 
It is anchored on the constitutionally mandated State policy 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.'" 
Concomitantfy, this proposed foster care system also finds basis in The 
Child and Youth Welfare Code and International Conventions duly recognized 
and entered into by our country. 
This proposed legislation also deems appropriate the inclusion of 
provisions for incentives in order to advance and promote foster care. These 
benefits range from subsidies to healthcare memberships to tax exemptions. 
On the basis of the foregoing, passage of this biU with dispatch is sought. 
4 
FRANCIS G. ESCUDERO 
' Section 3, par. 2, Article XV of the Constitution. 


Republic of the Philippines 
1 
First Regular Session 
1 
FOURTEENTH CONGRESS 
} 
S E N A T E  
Bill No. a 8  
Introduced by Senator FRANCIS G. ESCUDERO 
AN ACT 
INSTITUTIONALIZING AND STRENGTHENING FOSTER CARE FOR 
QUALIFIED CHILDREN, APPROPRIATING FUNDS THEREFOR AND FOR 
OTHER PURPOSES 
Be it eizacted by tlze Senate and the House of Representatives of the Republic of the 
Plzilippines in Congress assembled: 
Article I 
GENERAL PROVISIONS 
SECTION 1. Title. - This Act shall be known as the "Foster Care Act of 
2007," 
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. Definition of Terns. - For purposes of this Act, the following 
terms are defined as: 
- 
- 
"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; 
"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; 
"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 developmental 
and/or physical disability; 
"Foster Care" refers to the provision of planned temporary substitute 
parental care to a child by a foster parent; 
"Foster Child refers to a child placed under foster care; 
"Foster family care license" refers to the document issued by the 
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 a prospective foster 
parent/family member; 
"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 placement; 
"Parents" refers to the biological or adoptive parents or guardians; 
"Placement" refers to the physical transfer of the child with the foster 
parent; and 
"Social Worker" refers to the registered and licensed social worker of 
the DSWD, local government unit (LGU), or agency. 
Article I1 
2 


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 
(b) Child who is a victim of sexual, physical, or any other form of abuse or 
(c) Child with special needs; 
(d)Child whose parents are temporarily or permanently unable to 
(e) Child awaiting adoptive placement and would have to be prepared for 
(f) Child who needs long-term care and close family ties but who cannot 
(g) Child whose adoption has been disrupted; 
(h) Child under socio-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 himselfjherself is affected 
by HTV-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 of providing him/her care. 
orphaned; 
exploitation; 
provide him/her with adequate care; 
family life; 
be placed for adoption; 
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 
(c) Must have a healthy and harmonious relationship with each family 
(d) Must have good moral character; 
(e) Must be physically and mentally capable and emotionally mature; 
(0 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, 
and be able to provide a family atmosphere for the child; 
member; 
attitudes, and skills in caring for a child. 
The relatives of the child shall be given priority to be the foster parent/s. 
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 111 
PROCEDURE 
SEC. 6. Recruitment and Development of Foster Parent - Social Workers 
shall reach out to communities to recruit and develop applicants for foster care. 
3 


SEC. 7. Issuance of License - The DSWD shall issue a license to applicant 
foster parents after determining their motivation, capacities and potentials for 
deveIopment 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 needs 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 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 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 
4 


(c) 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 or subsidy from the DSWD. 
SEC. 14. Assistance and Incentives to Foster Parents - Foster parents 
shall be entitled to the following assistance and tax incentives: 
(a) Support Care Services - 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, slcills training, and livelihood assistance. 
(b) 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 personal exemption under the provisions of Section 
35(A) of the National Internal Revenue Code (NIRC) of 1997. 
(c) Additional Exemption for Dependents. - For purpose of claiming the 
additional exemption of foster parent/s 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. 
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. The DSWD shall issue a tax exemption certificate for this 
purpose. 
SEC. 15. Incentives to Agertnj. - The agency shall be entitled to the 
following tax incentives: 
(a) 
Exemption from Income Tax - The agency, which must be a 
DSWD-accredited non-government organization (NGO), shall be 
exempt from income tax on the income derived by it as such 
organization under the provision of Sec. 30 of the Tax Code, as 
implemented by Revenue Regulations (RR) No. 13-98; and 
Qualification as a Donee Institution - The agency can also apply for 
qualification as a donee institution entitled to receive donations 
from donors. 
(b) 
S 


SEC. 16. Incentives to Donor. - The donor 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 (H2c) of the Tax 
Code of 1997 otherwise, the donor shall only be entitled to a limited deduction in 
an amount not in excess of ten percent (10%) in the case of an individual engaged 
in business or in the practice of a profession and five percent (5%) in the case of a 
corporation; and 
2) 
Exemption from donor‘s tax subject to the provisions of Sec. 101 
(A3) and (B2) of the Tax Code provided that not more than Thirty percent (30%) 
of the amount of donations shall be used by such donee for administrative 
purposes. 
Article VI 
PENALTIES 
SEC. 17. 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 (P10,OOO.OO) but not 
more than One Hundred Thousand Pesos (PlOO,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 (P100,000.00) 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 VI1 
FINAL PROVISIONS 
6 


SEC. 18. 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 
(b) Make recommendations to resolve any dispute between and among 
the agency, the parents, 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 
(e) Perform such other functions and duties as may be prescribed by the 
child; 
DSWD. 
SEC. 19. Appropriations. - The amount necessary to carry out the 
provisions of this Act shall be included in the annual General Appropriations Act 
of the year following its enactment into law and thereafter. An initial amount of 
Twenty Million Pesos (P20,000,000.00) shall be altocated for the first year of its 
operations. Such sum shall be in the allocation for child-related programs of the 
DSWD. 
SEC. 20. Implementing Rules and Regulations - The DSWD, as lead 
agency, Department of the Interior and Local Government, Department of 
Justice, Department of Health, 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 operationalize the provisions of this Act within three (3) months 
from its effectivity. 
SEC. 21. 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. 22. Separability Clause - If any provisions of this Act is held invalid 
or unconstitutional, the other provisions not affected thereby shall remain valid 
and subsisting. 
SEC. 23, Effectivity Clause. - This Act shall take effect fifteen (15) days 
following its publication in two newspapers of general circulation or in the 
Ojicial Gazette. 
Approved,