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

SEVENTEENTH CONGRESS
Second regular Session

STATION UNIT
BIL S ANY NL SERVICE

HOUSE BILL No, 173 J

Introduced by Hon. Karlo A. B. Nograles and Hon. Jericho Jonas B. Nograles

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 10 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 homes, Children placed in less satisfactory
foster families are exposed to new dangers.

The proposed measure seeks to fill a gap in the existing welfare facilities by
creating foster homes of a new kind 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 do not find themselves in
alternative care 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 secks to combine all the advantages of the private foster family through
an Alternative Care Agency (ACA) with those of the best type of children’s home.

while climinating the disadvantages 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 children committed to its care. It is exclusively
concerned with meeting their needs and with caring 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 measure is most earnestly sought

KARLO A. B. NOGRALES JERICHG J NOGRALES


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

SEVENTEENTH CONGRESS
Second regular Session
73°

HOUSE BILL NO. _’

Introduced by Hon, Karlo A. B. Nograles and Hon. Jericho Jonas B. Nograles

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 Representatives of the Philippines in
Congress assembled.

Section 1. Short 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 assistance, including proper care and nutrition, and
special protection from all forms of neglect, abuse, cruelty, exploitation or other
conditions prejudicial to their development. It shall provide every child who is
ed. abused, surrendered, dependent, abandoned, under socio-cultural
difficulties. with an alternative family that will provide love and care as well as
opportunities for growth and development

Further. 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.

Finally, the State recognizes that aside from adoption and foster care, alternative
child care shall be established in compliance to UN Guidelines on Alternative Care for
Children that will promote the child’s growth and development, and at the same time
provide the biological family with the opportunity to continue its involvement in child
rearing.

Towards this end, the State shall provide every child who is neglected, abused.
surrendered, dependent, abandoned, under socio-cultural difficulties, whose biological
family cannot provide basic necessities. or with special needs with alternative family


care that will provide love and care as well as opportunities for growth and
development, without unduly severing the bonds of the child and the biological family

The State shall also protect the child’s right to health.

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 and as may be defined by its implementing rules and regulations

(b) Alternative Care Agency (ACA) refers to a child-caring or child-placing
institution licensed and accredited by the Department of Social Welfare and
Development (DSWD) to provide alternative care 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 agency so provide alternative care.

(d) Child refers to a person below eighteen (18) years of age, or one who is over
eighteen (18) but is unable to fully take care of or protect oneself from abuse, neglect,
cruelty. exploitation or discrimination because of a physical or mental disability or
condition.

(e) Family refers to the parents or brothers and sisters, whether of the full or
half-blood. of the child.

(1) Parent refers to the biological 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 concerning alternative care should take full account of the
desirability, in principle, of maintaining the child as close as possible to his/her
habitual place of residence, in order to facilitate contact and potential reintegration
with his/her family and to minimized disruption of his/her educational, cultural, and
social life.

(b) Decisions regarding children in alternative care, including those in informal
care, should have due regard for the importance of ensuring children a family-based
care, group foster care and of meeting their basic need for safe and long-term
relationships to their caregivers, with permanency generally being a key goal

(c) Children must be treated with dignity and respect at all times and must
benefit from effective protection from abuse, neglect, and all forms of exploitation.
whether on the part of care providers, peers or third parties, in whatever care setting
they may find themselves.


(@ Siblings with existing bonds should in principle not be separated from
placements in alternative care unless there is a clear risk of abuse or other justification
in the best interest of the child, In any case, every effort should be made to enable
siblings to grow together, maintain contact with each other unless this is against their
wishes or interests.

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

(f) Such other principles in accordance with the UN convention on the
Rights of the Child.

Section 5. Purposes. ~ The purposes of an ACA shall be as follows
(a) To cooperate with public authorities in providing alternative care to

abandoned, dependent, and neglected children as defined in Presidential decree No,
603 and Republic Act No. 761

(b) To support efforts to keep children in, or return them to the care of their
family or, failing this, to find another appropriate and permanent solution;

(c) To 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 under conditions that promote the
child’s full and harmonious development;

(d) To assist the Government to better implement their responsibilities and
obligations in these respects, bearing in mind the economic, social, and cultural
conditions;

(e) To guide policies, decisions, and activities of all concerned with the social
protection and child welfare in both the public and the private sectors, including the
civil society

(f) Such other purposes to attain the guidelines and principles of the UN
Convention on the Right of the Child and local statutes.

Section 6, Parental Authority of an ACA. ~ ACAs shall be in loco parentis,
exercisingthe rights. duties and liabilities 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. that
ACAs shall only have the rights of a person with special parental authority to 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 punishment upon the child,



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

(a) Enter into agreement with public authorities, and accept provisions for the
cost of any service or activity which may be entrusted to it, within the scope of its
object and functions, pursuant to such agreements:

(b) Own and hold real and personal properties and accept bequest, donations and
contributions of property of all classes:

(c) Any donation, contribution, bequest, and grant which may be made to the
agency shall be exempt from donor's tax and the same shall be considered as allowable
deduction from the gross income of the donor, in accordance with the provisions of the
National Internal Revenue Code, as amended, provided, that such agency are
accredited NGO pursuant to Executive Order No. 720, series of 2008:

Finally, the agency shall exempt from the payment of real property taxes on all
real properties owned by it

Section 8. Who May Be Placed Under Alternative Care, ~ The following may
be placed in alternative care:

(a) A child who is abandoned, surrendered, neglected, dependen' or orphaned;

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

(c) A child with special needs;

(d)A child whose family members are temporarily or permanently unable or
unwilling to provide the child with adequate care;

(e) A child who needs long-term care and close family ties but who cannot be
placed for domestic adoption:

(f) A child who is under socially difficult circumstances such as, but not limited
to, a street child, a child in armed conflict or a victim of child labor or trafficking:

(g) A child who committed a minor offense but is released on recognizance. or
who is in custody supervision or whose case is dismissed; and

(h) A child who is in need of special protection as assessed by a social worker.
an agency or the DSWD.

Section 9. Role of the Department of Social Welfare and Development
(DSWD). — (a) Issuance of License. — The DSWD shall have the authority to accredit
by issuing an Alternative Care license based on the application by the agency to


include stipulation of its track record and to determine the motivations, capacities and
potentials of said agency. The license is renewable every three (3) years unless earlier
revoked by the DSWD.

(b) Periodic Review. - The DSWD shall review its existing alternative care
guidelines, align it to the UN Guidelines and domestic laws and conduct periodic
review on it.

Section 10, Role of Local Government Units (LGUs). ~ The host LGU.
pursuant to Section 108 of republic Act No. 7160 (“Local Government Code”), shall
aceredit alternative care agencies that are duly recognized by the DSWD in their
locality. It shall put in place monitoring mechanisms over these alternative care
agencies.

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

Section 11. Seminars and Trainin, The DSWD, in coordination with the
Department of the Interior and Local Government (DILG), is hereby mandated to
develop and provide programs to ensure the awareness and responsiveness of local
government officials in the promotion and development of the alternative care system
in every city. municipality or barangay.

Section 12. Unlawful Solicitation, ~ it shall be unlawful for any person to
solicit, collect or receive money, materials or property of any kind by falsely
representing himself to be a member, agent or representative of any alternative care
agency.

Section 13. Penal Clause. - Any person, whether natural or judirical, violating
any section of this Act shall, upon conviction therefore, be liable to a fine of not less
than fifty thousand pesos (P50,000.00) or imprisonment for a term not exceeding one
(1) year. or both, at the discretion of the court for each and every violation. In case the
violation is committed by a corporation or an association, the penalty shall devolve
upon the President. Director or any other officer responsible for such violation.

ection 14, Alternative Care of Children (ACC) Committee. — There is hereby
created an Alternative Care of Children Committee, chaired by the DSWD Secretary
The secretaries, or duly appointed representatives of the Department of Health
Department of Education, Department of the Interior and Local Government, Council
for the Welfare of Children, and the various local government leagues shall be
members thereof



Section 15. Duties of the ACC Committee. - The ACC Committee shall
primarily monitor the implementation, review, and recommend changes in polices
concerning alternative family care and other matters related to the child’s welfare. It
shall submit to the DSWD Secretary and to Congress an annual report of the policies.
programs and activities relative to the implementation of this Act, and
recommendations for remedial legislation to strengthen alternative family care.

Section 16. Implementing Rules and Regulations. - The DSWD, as lead
agency, the Department of Justice (DOJ), the Department of Health (DOH), the Bureau
of Internal revenue (BIR), the Council on Welfare of Children (CWC), the DILG, with
institutions presently providing alternative family care, the Leagues Provinces, Cities,
and Municipalities. and Liga ng mga Barangay, and other concerned government
agencies, in consultation with agencies are hereby mandated to prepare and draft the
IRR to operationalize the provisions of this Act within ninety (90) days from its
effectivity.

Section 17. Suppletory Clause. ~ The provisions of Executive Order No. 209.
series of 1987. otherwise known as the Family Code of the Philippines and other
applicable laws, shal! have suppletory application to this Act

Section 18. 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 19, Separability Clause. — If any provision of this Act is held invalid or
unconstitutional, the other provisions not affected hereby shall remain valid and
ting,

Section 20, Effectivity. — This Act shall take effect fifteen (15) days after its
publication in two (2) newspapers of general circulation or in the Official Gazette,

Approved,