Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

FIFTEENTH CONGRESS
First Regular Session

~~ 489
H.B.No.__

cid

Introduced by HONORABLE JUAN EDGARDO “SONNY” M. ANGARA

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 hidher 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 requested.
TAN EPGARDO “SONNY”

ReprestAtative
Lone District, Province of Aurora

ANGARA



FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )
e-ar «489
H.B.No.__

Introduced by Honorable JUAN EDGARDO “SONNY” M. ANGARA

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 1. Title. This Act shall be known as the "Foster Care Act of

2010."

SEC. 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 encotrage
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.

SEC. 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 diserimination
because of a physical or mental disability or condition.

a)

“Foster care" refers to provision of planned substitute parental care to
a child by a foster family, as determined in Article 11 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

"Koster family" vefers 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:

3) 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.

@) "Agency" refers to the DSWD or licensed and accredited child- ,
placement institutions tasked to implement the foster care program,

e) "Biological parents” refer to birth parents.

f} "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.

2) "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 shal] include activities for the child, foster family and the
biological parents, if available, and shall have a specific time =
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 1
ELIGIBILITY AND PROCEDURES

SEC. 5. 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 whois either abandoned, neglected or orphaned;

6) 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
ot sexual abuses

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

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

y) When he/she is « 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,

4) A child matched for adaption.

SEC. 6. 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 cbild, must meet all the
following qualifications:

8) 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,

¢) Must have a healthy and harmonious relationship with each family
member.

4) 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 1 year residency in the Philippines and

possess all the qualifications stated above.

SEC, 8. General Procedures. “The following shall be observed in the
foster care of the child:
a) Pre-Placement
i) Child
1) 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,
ii) Foster Family

1) A thorough study necessary to determine the motivations,
capacities and potentials for development of families to be
Hicensed 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 ebildren to
enhance and develop parenting capability;

3) Information on the child shalll 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 and approved such.

©) Post Placement. In case of injury or death ofa foster child, or if he/she
rims away or get Jost, 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 ar. 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, upan 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;

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. 1

©

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 concemed and the DSWD, the FCC,
together with a representative from the DSWD-Central Office, shall be

convened to settle such disagreement,

ARTICLE TL

ADOPTION OF A FOSTER CHILD

SEC. 10. 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.

©) 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.

SEC, 11. Support Services. - Support services shall be made available
tothe 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.

1b) 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 patents. 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.
}) Foster families shall be provided training to upgrade their
knowledge and skills on childcare, development and protection.
} Poster 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.

ARTICLEV
PENALTIES

SEC. 12. 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
egal basis or without being licensed to act as a foster family shall be penslized 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

SEC. 13. 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.


SEC. 14. 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 enaciment 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.

SEC. 15, 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, 16. Separability Clause. - If any provision of this Act is held
invalid or unconstitutional, the other provisions not affected hereby shall remain

valid and subsisting.
SEC. 17. Rffectivity 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,