Republic of the Philippines
HOUSE OF REPRESENATIVES
Quezon City

SEVENTEENTH CONGRES:
Pirst Regular Session

HOUSE BILL No, 38887

Introduced by REP. EVELINA G, ESCUDERO

EXPLANATORY NOTE

The Constitution explicitly provides that the State shall defend, among others:

rhe 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;'”

In consonance with this constitutional mandate, this bill intends to_ institutionalize
alternative family care for children as an option other than adoption and foster family care.

Bearing in mind the subsisting gap. it is submitted that alternative family care for children
can address the issues confronting adoption and foster care by creating foster homes of a new kind,
which can be made to adapt depending on every child’s needs. Moreover, the creation of such
home where a caring family thrives, children will be able to feel an actual sense of security and
belonging

With the creation of an
the Department of Social Wel
children will be likewi

tution to be named as Alternative Care Agency, together with
re and Development, the plight of neglected and abandoned
¢ significantly addressed.

Respectfully submitted.

UDERO

1 Section 3, paragraph 2, Article XV.


Republic of the Philippines
HOUSE OF REPRESENATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. __ 388?

Introduced by REP, EVELINA G, ESCUDERO

AN ACT
ENING ALTERNATIVE CARE OF CHILDR'
s THE SAME.

RECOGNIZING AND.
PROVIDING INCENTIV!

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.”

SEC. 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 neglected, 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.

inally, 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.

bused, surrendered,

Towards this end, the State shall provide every child who is neglecte
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.

SEC. 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 1V
Section 34 of RA 7160.

(c) Alternative Care License (license) refers to the document issued by the DSWD
authorizing an agency to 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,

(c) 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,
SEC. 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,

(d) 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,

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

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

SEC, 5. Purposes. « The purposes of an ACA shalll be as follow:

(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.
7610:


(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;

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

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

SEC. 6. Parental Authority of an ACA, ~ ACA shall be in loco parentis, exercising the
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
ily 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 pro} the infliction of corporal punishment upon
the child

SEC. 7. Privileges. - To allow it to fully realize its mandate. an accredited ACA shall

(a) Enter into agreements 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 bequests, 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 Intemal Revenue Code, as
amended, provided, that such agency are accredited NGO pursuant to Executive Order No. 720,
series of 2008;

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

SEC, 8. Who May Be Placed Under Alternative Care, ~ The following mi
alternative care:

be placed in

{a) A child who is abandoned, surrendered, neglected, dependent 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;

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

(1) A child who is under socially difficult circumstances such
child, a child in armed conflict or a victim of child labor or trafficking;

but not limited to, a st

(g) A child who committed a minor offence but is released on recognizance
custody supervision or whose case is dismissed: and

or who is in

(h) A child who is in need of special protection a
the DSWD.

assessed by a social worker, an agency or

SEC. 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 gui
it to the UN Guidelines and domestic laws and conduct periodic review on it.

lelines, align

EC. 10, Role of Local Government Units (LGUs). — The host LGU, pursuant to Section
108 of Republic Act No. 7160 (“Local Government Code”), shall accredit 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

fhe 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

SEC. 11. Seminars and Trainings. ~ 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

SEC. 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

SEC. 13. Penal Clause. - Any person, whether natural or juridical, violating any section of
this Act shall, upon conviction therefore, be liable to a fine of not less than Fifty thousand pes:
(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



SEC. 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.

SEC. 15. Duties of the ACC Committee, - The ACC Committee shall primarily monitor the
implementation, review, and recommend changes in policies 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.

SEC. 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 effectivi

SEC. 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, shall have
suppletory application to this Act.

SEC. 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.

SEC. 19. Separability Clause. ~ If any provision of this Act is held invalid or
tutional, the other provisions not affected hereby shall remain valid and subsisting.

uncon

SEC. 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,