Question & AnswerQ&A (Republic Act No. 10165)
Republic Act No. 10165 is officially titled the Foster Care Act of 2012.
The State shall provide every child who is neglected, abused, surrendered, dependent, abandoned, under sociocultural difficulties, or with special needs with an alternative family that provides love, care, and opportunities for growth and development.
Foster Care refers to the provision of planned temporary substitute parental care to a child by a foster parent.
Children who are abandoned, surrendered, neglected, dependent or orphaned; victims of abuse or exploitation; children with special needs; those whose family cannot provide adequate care; children awaiting adoption; children needing long-term care; those whose adoption has been disrupted; children under socially difficult circumstances; children who committed minor offenses but released; and children needing special protection with no family willing or capable to care for them.
An applicant must be of legal age; at least 16 years older than the child (unless relative); have genuine interest, capacity, and commitment for child care; have good family relationships; be of good moral character; physically, mentally capable and emotionally mature; have sufficient resources; be willing to be trained; and not have the maximum number of foster children allowed.
Foster parents have the rights, duties, and liabilities of persons exercising substitute parental authority as provided under the Family Code, except that they cannot inflict corporal punishment on foster children.
The Home Study Report is a social worker's detailed report of a foster parent applicant's background and suitability. The Child Case Study Report contains detailed information about the child to assess their needs for placement.
LTFPA is granted to foster parents who have cared for a child at least 7 years, where return to biological parents or adoption is not imminent, and the foster parent continues to meet qualifications, with the child's consent if over 10 years old. It grants custody without mandatory adoption rights or succession rights.
Foster parents committing neglect, abuse, cruelty, or exploitation will be penalized in accordance with Republic Act No. 7610 and other applicable laws, which includes stronger deterrence and special protection against child abuse.
The DSWD is responsible for licensing foster parents, issuing Foster Placement Authority, conducting monitoring and supervision of foster placements, providing subsidies, enrolling foster children in PhilHealth, developing programs with LGUs, and drafting the Implementing Rules and Regulations.
Yes, a foster parent may adopt the foster child if they meet the qualifications under the Domestic Adoption Act or Inter-Country Adoption Act, there is a harmonious relationship, and adoption procedures under these laws are followed. Trial custody may be waived if harmonious relations exist.
Foster parents receive support care services such as counseling, training, livelihood assistance, and are entitled to additional tax exemptions for dependents, including foster children under certain conditions.