Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL No,__1793

Introduced by Rep. BERNADETTE HERRERA-DY

EXPLANATORY NOTE

Children deserve to be given utmost protection against all forms of abuse,
neglect and exploitation. Their rights must be respected and defended, and all efforts
must be exerted in order to eliminate all conditions prejudicial to their full development.

This bill seeks to introduce planned substitute parental care by foster families
to children whose biological parents cannot take care of them, either temporarily or
permanently. Under this proposed legislation, a permanency plan for the best interest of
the child shall be accomplished, and thereafter, the placement of the child with the foster
family will be undertaken. Foster families shall undergo training on management and
care of children. Foster families may likewise adopt their foster children, provided they
meet the requirements set forth under this proposed law.

Support services are given to biological parents through counseling and
training on child caring and parenting. A foster parent shall likewise be entitled to tax
deduction from his/her gross income for every foster child. The foster child on the other

hand, shall be entitled to full care and support, including the provision of his/her basic
needs.

Exploited, abused and neglected children are to be given substitute parenting

so that they will feel the love and care of a family that will help them face a brighter
future.

The passage of this bill is therefore earnestly requeste

_ HERRERA-DY


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1793

Introduced by Rep. BERNADETTE HERRERA-DY

AN ACT
TO STRENGTHEN AND PROPAGATE FOSTER CARE FOR
ABANDONED, NEGLECTED 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 L. Title. - This Act shall be known as the "Foster Care Act of
2010."

SECTION. 2. Declaration of Policy. - It is hereby declared the policy of the

State to provide every abused, neglected, surrendered, dependent and abandoned child
with an alternative family that will provide such child with 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 P.D. No. 603 titled: "The Child and Youth
Welfare Code, as amended’ and the rights, found under the "Convention on the Rights of

the Child" particularly those enumerated in Article 20, as adopted by the General


Assembly of the United Nations on November 20, 1989, of which the Philippines is a

signatory, shall be observed.

Recognizing this, the State shall systematize and enhance foster caring in the
country. Towards this end, the State shall ensure that foster families promote and
motivate the foster child to relate with his/her biological or adoptive family, as the case

may be, and shall provide the wholesome atmosphere to encourage bonding.

The State shall also protect the rights of the biological child of foster families
and ensure that in no case shall he/she be disadvantaged as a result of the placement of a

foster child.

SECTION. 3. Definition of Terms. - For purposes of this Act, the following

terms are defined as:

a) "Child" refers to a person below eighteen (18) years of age, or one who is
18 years of age and above who is unable to fully take care of him/herself
from abuse, neglect, cruelty, exploitation or discrimination because of a
physical or mental disability or condition.

b) "Foster care" refers to provision of planned substitute parental care to a
child by a foster family, as determined in Article I] of this Act, licensed
by the Department of Social Welfare and Development (DSWD) when
his/her biological parents are unable to care for him/her temporarily or
permanently.

c) "Fosterfamily" refers to a family or person/s, duly licensed by DSWD,
who provide foster care to a child placed with them/him/her for planned,
goal-directed services which will help realize the permanent life plan of
the child.

A foster family may either be one of the following:


and approved such.
c) Post Placement. In case of injury or death of a foster child, or if he/she runs
away or get lost, such shall be reported immediately to the Agency, which, in
turn, shall report the same to the nearest DSWD field office. The Agency shall
submit an incidental report together with the medical and death certificate, as
the case may be, to the nearest DSWD field office.
d) Termination of Placement.

i) Termination of placement shall be done by the Agency, upon the
recommendation of the Social Worker, on any of the following grounds:
reunion of the child with his/her biological family; adoption; referral to
another foster family or residential institution/facility; and death of the
child;

ii) After the reunion of the child with his/her biological family, adoption or
referral to another foster family or residential institution/facility, the
Social Worker shall be available to ensure the child's reintegration and
adjustment to his/her biological/adoptive/foster family;

iii) The biological/adoptive/foster family shall be provided with counseling
to enable them to understand and cope with the child's adjustment
problem to his/her environment.

e) Revocation of license. The DSWD can revoke the license of a foster family
after a thorough study is conducted and recommendation thereof is made by
the concerned Agency. In cases of dispute on the matter between the Agency
concerned and the DSWD, the FCC, together with a representative from the
DSWD-Central Office, shall be convened to settle such disagreement.


ii) Foster Family
1) A thorough study necessary to determine the motivations,
capacities and potentials for development of families to be licensed
shall be made by the Agency, and be used as the basis for the
issuance of license;
2) After being licensed, foster families shall undergo periodic
training on the understanding and management of children to
enhance and develop parenting capability;
3) Information on the child shall be shared, only when necessary,
to help foster families understand and develop plans for the child;
4) A maximum number of two (2) children under 2 years of age or
three (3) older children shall be placed with a foster family at any
given time, or as determined by the Agency, except where siblings
have to be together in one foster family.

iii) Foster Care Committee. For purposes of this Act, a Foster Care
Committee (FCC) shall be formed to decide on cases affecting the
child’s welfare. It shall be a complementary partnership among the
Agencies, foster families, and biological families, if available, and
shall include, as far as practicable, professionals from relevant
fields such as psychology, health, education, medicine and law.

b) Placement

i) The FPA shall be prepared by the concerned Agency and approved by the
DSWD;

ii) After the child has been placed with his/her foster family, the Social
Worker shall continue to provide the necessary assistance to the child
and the foster family;

iii) No transfer of a child to another foster family or residential

institution/facility shall be authorized except after the FCC has convened


1 ) Regular family - refers to a foster family, which receives material
provisions from the agency in order to help meet the basic needs of
the child.
2) Volunteer family - refers to a foster family, which does not receive any
material provision or incentive from the agency.

d) "Agency" refers to the DSWD or licensed and accredited childplacement
institutions tasked to implement the foster care program.

e) "Biological parents" refer to birth parents.

1) "Matching" refers to the judicious pairing of a child with a family based on
the former's needs and in his/her best interest, as well as the capability and
commitment of the latter.

g) "Placement" refers to the physical transfer of the child with the foster
family.

h) "Permanency Plan" refers to the best plan arrived at by the Social Worker
with the participation of the child, if applicable, and other significant

persons/agencies for the child's best welfare and interest. This shall
include activities for the child, foster family and the biological parents, if
available, and shall have a specific time frame until such time a permanent
placement is arrived at.

i) "Social Worker" refers to the registered Social Worker of an Agency.

j) "Foster Placement Authority" (FPA) refers to the document, issued by

the DSWD, authorizing foster care.


ARTICLE IL
ELIGIBILITY AND PROCEDURES

SECTION. 4. Who May be Fostered. - The following may benefit from
foster care:
a) A child as defined in Article I, Section 3(a) of this Act;
b) A child who is either abandoned, neglected or orphaned;
c) A child in need of special protection due to any of the following
conditions and circumstances:

i) When his/her parents/guardians are in crisis which render him/her
temporarily or permanently incapable of adequately providing care for
him/her;

ii) When his/her parents/guardians are known to be inflicting
physical or sexual abuse;

iii) When he/she is a victim of commercial sexual exploitation;

iv) When he/she has emotional and psychological difficulties;

v) When he/she is a affected with Human Immunodeficiency Virus
(HIV)/Acquired Immune Deficiency Syndrome (AIDS);

vi) When the child has committed a minor offense and released on
recognizance or on custody supervision but whose family or relatives are not
capable of providing him/her adequate/appropriate care.

d) A child matched for adoption.

SECTION. 5. Who May Foster. - The kins or relatives of the foster child, if
willing and available, become the priority prospective foster family. All applicants,
including the kins or relatives of the foster child, must meet all the following
qualifications:

a) Shall be at least 25 years of age and shall have a genuine interest in


parenting a related or non-related child.

b) May either be married, widowed, separated or single. Provided, That single
applicants must 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 fit and
financially able to provide for the family’s needs.

e) Must be willing to be trained to hone their knowledge, attitude and skills in
caring for children.

Alien applicants must have at least | year residency in the Philippines and

possess all the qualifications stated above.

SECTION. 6. General Procedures. -The following shall be observed in the
foster care of the child:
a) Pre-Placement
i) Child

i) A Permanency Plan for the best interest of the child shall be
accomplished at each placement;
2) Placement shall be done immediately as soon as the Permanency
Plan is approved even as efforts are undertaken to strengthen his/her
biological family;
3) Placement shall be based on proper matching;
4) Preparation for placement shall be consistent with the child's age,
understanding and emotional maturity. The child shall be helped to
understand what foster care means and the reason for it;
5) No child shall be placed with a foster family that is not licensed
except in case of an emergency, but in which case, evaluation and

licensing shall be done not later than one week.


ARTICLE 11
ADOPTION OF A FOSTER CHILD

SECTION. 7. Conditions. -A foster family may adopt their/his/her foster
child. The following conditions shall he observed in the adoption of the foster child by
the foster family:

a) The foster family 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.

b) The trial custody, as required in adoption, may be waived. Provided, That a

harmonious relationship exists between the foster child and his/her foster

family.

c) The procedure 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 IV
SUPPORT SERVICES
SECTION. 8. Support Services. - Support services shall be made available
to the following:
a) Biological parents
i) Counseling shall be provided to parents to help them understand
foster care and prepare them for eventual reunion with the child.
ii) Training on child-caring and child-protecting skills shall be
provided to biological parents to improve their knowledge,

attitude and skills in parenting.


b) Foster family
i) A foster parent shall be entitled to a deduction from his/her gross
income the amount of P8,000 for each taxable year for each foster
child, Provided, That this deduction shall be claimed by only one
of the spouses in the case of married foster parents.
Provided, further That, this deduction shall be allowed in full if
the period of foster care is at least six (6) months.
Provided,finally, That if the period of foster care is less than 6
months but less than two 2 months, the amount deductible from
gross income shall be pro-rated.
ii) Foster families shall be provided training to upgrade their
knowledge and skills on childcare, development and protection.
iii) Foster child. He/she shall be entitled to full care and support,
including but not limited to, counseling and supplies in the form
of milk, medicines, feeding paraphernalia, clothing and school
supplies, as needed.

ARTICLE V
PENALTIES
SECTION. 9. Penalties. - Any person/s caring for a child, whether licensed

or without a license as foster family, found to be committing acts of neglect, abuse,
cruelty or exploitation and other conditions prejudicial to the child's development or has
under his/her custody two or more children without any legal basis or without being
licensed to act as a foster family shall be penalized in accordance with RA 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.


ARTICLE VI
FINAL PROVISIONS
SECTION. 10. Implementing Rules and Regulations. - The DSWD, in
consultation with accredited child-caring institutions and other related organizations, is
hereby mandated to prepare and draft the implementing rules and regulations to

operationalize the provisions of this Act, within six (6) months from its effectivity.

SECTION. 11. Appropriations. - 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 thirty million pesos
(P30,000,000), which shall include among others, the amount for monthly assistance to
regular families and emergency fund for medical/hospitalization needs of the child, shall
be allocated for the first year of its implementation. Such sum shall be included in the

allocation for child-related programs of the DSWD.

SECTION. 12. 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.

SECTION. 13. Separability Clause. - If any provision of this Act is held
invalid or unconstitutional, the other provisions not affected hereby shall remain valid
and subsisting.

SECTION. 14. Effectivity Clause. - This Act shall take effect fifteen (15)

days following its complete publication in any national newspaper of general circulation

or in the Official Gazette.

Approved,