SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
SENATE 
S.No. 2496 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
'14 
DEC -9 P2:46 
ESTABLISHING A NATIONAL SYSTEM OF CARE COUNCIL FOR CHILDREN WITH 
SERIOUS EMOTIONAL DISTURBANCE 
EXPLANATORY NOTE 
The Constitution provides: 
Article 2, Section 13. The State recognizes the vital role of the youth in 
nation-building and shall promote and protect their physical, moral, spiritual, 
intellectual, and social well-being. It shall inculcate in the youth patriotism and 
nationalism, and encourage their involvement in public and civic affairs. 
Children with serious emotional disturbance refers to persons under eighteen (18) years 
of age who exhibit severe behavioral, emotional, or social disabilities that cannot be attributed 
solely to intellectual, physical, or sensory deficits. A child with, or at risk of, a serious 
emotional disturbance should be provided access to a comprehensive system of care tailored 
to meet the child's unique needs. The system of care should be child-centered and family-
focused, culturally competent, and non-discriminatory. Further, the system of care should 
provide services in an environment and in a manner that enhances the personal dignity of 
children and families, respects their wishes and goals, and maximizes opportunities for 
..involvement and self-determination in the planning and delivery of services. 
This Bill establishes a National System of Care Council for children with, or at risk of, 
serious emotional disturbance.' 
• This bill was originally filed in the Fourteenth Congress. 
1 


SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
'14 
OEC -9 P2 :46 
SEN"2TJ; 
S. No. 
'196 
IU' Eln:o BY;._ -f~' 
Introduced by Senator Miriam Defensor Santiago 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
1 
AN ACT 
2 
ESTABLISHING A NATIONAL SYSTEM OF CARE COUNCIL FOR CHILDREN WITH 
3 
SERIOUS EMOTIONAL DISTURBANCE 
4 
SECTION 1. Declaration of Policy. - lt is hereby declared the policy of the State to 
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recognize the vital role of the youth in nation-building, and to promote and protect their physical, 
6 
moral, spiritual, intellectual, and social well-being. Toward this end, a child with, or at risk of, a 
7 
'serious emotional disturbance shall be provided access to a comprehensive system of care 
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tailored to meet the child's unique needs. The system of care shall be child-centered and 
9 
family-focused, culturally competent, and non-discriminatory. The system also shall provide 
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services in the child's own community to the maximum degree possible with available and 
11 
appropriate resources. These services shall be provided in the least restrictive setting. 
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SECTION 2. Definitions. - In this Act, the term-
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(a) 
"Access to services" refers to the right to and ease in securing desired and needed 
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services; 
15 
(b) 
"Child with serious emotional disturbance" refers to a person who is under the 
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. age of eighteen (18) years old, or is under the age of twenty-two (22) years old and has been 
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receiving services prior to the age of eighteen (18) years old that must be continued for 
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maximum therapeutic benefits, and who exhibits severe behavioral, emotional or social 
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disabilities that cannot be attributed solely to intellectual, physical or sensory deficits, such as, 
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but not limited to: 
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1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
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(c) 
(1) 
(2) 
(3) 
(4) 
behaviors that are sufficiently intense or severe enough to be considered 
seriously 
detrimental 
to 
the 
child's 
growth, development, or 
welfare, or to the safety or welfare or others; 
behaviors that, although possibly provoked, are judged to be extreme or 
out of proportion to 
the provocation, or an inappropriate age_ 
reaction; 
behaviors that have been judged sufficiently disruptive to lead to 
exclusion from school, home, therapeutic or recreational settings; or 
behaviors that require interdisciplinary services and intensive, well-
coordinated care to be successfnlly managed. 
"Child at risk for serious emotional disturbance" refers to a child or adolescent 
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who would be subject to a serious emotional disturbance for any length of time; 
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(d) 
"Child-centered" refers to a core value of the system of care whereby the 
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needs of the child and family dictate the type and mix of services provided rather than 
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expecting the child and family to conform to preexisting service configurations. 
This 
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.approach is seen as a commitment to providing services in an environment and in a 
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manner that enhances the personal dignity of children and families, respects their wishes 
18 
and goals, and maximizes opportunities for involvement and self-determination in the 
19 
planning and delivery of services; 
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(e) 
"Collaboration" refers to the process of bringing together those who have a 
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stake in children's mental health for the purpose of interdependent problem-solving that 
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focuses on improving services to children and families; 
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(f) 
"Community-based" refers to a core value ofthe system of care which emphasizes 
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the need for services provided to children in less restrictive, more normative environments 
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which are within or close to the child's home environment; 
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(g) 
"Culturally competent" refers to a set of behaviors, attitudes, and policies of a 
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system, agency, or among service providers that enables them to work effectively in cross-
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cultural situations; 
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(h) 
"Family" is defined by its members and each family defines itself. 
Families 
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can include biological and adoptive parents and their partners, siblings, extended family 
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members and friends who provide a significant level of support to the child or primary 
3 
caregiver. 
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(i) 
"Family-focused" refers to an approach to designing and providing care that 
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supports all family members involved with the child's care; decisions about services are made 
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considering the strengths and needs of the family as a whole, as well as the individual child 
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with a severe emotional disturbance. 
Further, family members are also involved in all 
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'aspects of planning and evaluating the service delivery system. This approach is seen as a 
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commitment to support families in their role as caregivers and to preserve family 
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integrity to the greatest possible extent. 
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"National System of Care Council" refers to the Council established by this 
12 
Act, and is responsible for policy development and implementation of plans and strategies to 
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foster collaboration among stakeholders so that the system of care policy is substantially 
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embraced in every program ministering to children with serious emotional disturbances, and as 
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otherwise provided by this Act. 
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(k) 
"Individualized services" refer to servIces that are designed specifically to 
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.address the unique needs and strengths of each child and family; 
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(I) 
"Integrated services" refer to services that are provided in a community 
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through multiple agencies with decreased overlap and decreased gaps in services. 
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(m) 
"Least restrictive setting" means that children and adolescents are served in as 
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normal an environment as possible. Preferred interventions are those that provide the needed 
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services and at the same time are minimally intrusive in the normal day-to-day routine of 
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the child and family. 
An implicit goal of the system of care is to maintain as many 
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children as possible in their own homes by providing a full range of family-focused and 
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community-based services and supports. 
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(n) 
"Parent" refers to the biological and adoptive mother or father, or the legal 
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gnardian of the child, or a responsible relative or primary caregiver, including foster 
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parents, with whom the child regularly resides; and 
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(0) 
"System of care" refers to a comprehensive spectrum of mental health and 
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1 
other necessary services which are organized into a coordinated network 
to 
meet 
the 
2 
multiple 
and 
changing 
needs 
of children 
and adolescents with severe emotional 
3 
disturbances and their families. A system of care not only includes the program and service 
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components, but also encompasses mechanisms, arrangements, structures or processes to 
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ensure that the services are provided in a coordinated, cohesive manner. 
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SECTION 3. Creation of the National System of Care Council. - There is hereby 
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created the National System of Care Council. 
The Council shall be composed of the 
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following: 
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(a) 
Eleven (11) family representatives appointed by the President, to include nine (9) 
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parents of children with serious emotional disturbance, and two (2) young persons who shall be 
11. 
non-voting members who are college students; and 
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(b) 
One (I) representative from each of the fol1owing entities, designated by their 
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respective appointing authorities: (I) Department of Education; (2) Department of Social Work 
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and Development; and (3) Department of Health. 
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(c) 
The Council members shall select a Chairperson, always from the family 
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representatives, and a Vice Chairperson from the Council membership. 
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SECTION 4. Powers, Responsibilities, and Duties. - The Council shall: 
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(a) 
Formulate a System of Care Plan for children with serious emotional disturbance, 
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and monitor its development and implementation to ensure its snstainability; 
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(b) 
Act as a coordinating body for all system of care resources for children with 
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serious emotional disturbance, and act as the repository for the collection and distribution of 
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research, findings, and best practice models of treatment for children with serious emotional 
23 
disturbance; 
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(c) 
Ensure collaboration and coordination between all stakeholders serving 
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children with a serious emotional disturbance and their families, and establish 
positive 
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.working 
relationships 
with 
elected 
officials, 
courts, directors, and community 
27 
organizations; 
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(d) 
Establish and enforce uniform standards of care for the treatment of children 
2 
with a serious emotional disturbance, set the policy and objective purposes for monitoring and 
3 
assessing the provision of services to children with a serious emotional disturbance, and ensure 
4 
that this monitoring takes place; 
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(e) 
Serve as the primary advocate for the system of care for children with serious 
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emotional disturbance, serve as the primary family/consumer interface for feedback and 
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conflict resolution, and coordinate ontreach to and the edncation of the entire community 
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regarding the system of care and serious emotional disturbance; 
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(f) 
Contribute to the interpretation of generated data on the system of care and on 
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children with serious emotional disturbance, interpret generated reports on the system of care 
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and on children with serious emotional disturbance, based on this interpretation make 
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recommendations and reports (0 the proper agencies on service provision, and playa lead role 
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in legislation and policy concerning children with serious emotional disturbance and the 
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services they receive; 
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(g) 
Establish contact and relationships with appropriate regional, national, and 
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international agencies and organizations which could support and benefit the country's system 
17 
of care; 
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(h) 
Work to expand the system of care model to serve all children 111 the 
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community, not just children with a serious emotional disturbance. 
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SECTION 5. Authorization of Appropriations. - To carry out the provisions of this Act, 
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there are authorized to be appropriated such sums as may be necessary for each fiscal year. 
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SECTION 6. Reportorial requirement. - The Council shall submit a biannual report to 
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the President and to both Houses of Congress on its accomplishments, specific findings, and 
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recommendations to improve national compliance with this policy. 
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SECTION 7. Separability Clause. - If any provision or part hereof is held invalid or 
2 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
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valid and subsisting. 
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SECTION 8. Repealing Clause. - Any law, presidential decree 01' issuance, executive 
5 
order, letter of instruction, administrative order, rule, or regulation contrary to or inconsistent 
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with the provisions of this Act is hereby repealed, modified, or amended accordingly. 
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SECTION 9. E1fectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
Approved, 
/jabl12714 
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