QuestionsQuestions (Republic Act No. 10165)
The State shall provide every such child with an alternative family through foster care that offers love, care, and opportunities for growth, and shall ensure that the child’s rights under the Constitution and relevant international obligations are observed.
A person below 18 years of age, or one who is over 18 but unable to fully care for or protect oneself from abuse, neglect, cruelty, exploitation, or discrimination due to a physical or mental disability or condition.
Foster Care is planned temporary substitute parental care provided to a child by a foster parent. A Foster Parent is a duly licensed person by the DSWD to provide foster care.
Including abandoned, surrendered, neglected, dependent, orphaned; victims of abuse/exploitation; children with special needs; children whose family cannot provide adequate care; children awaiting adoptive placement needing preparation for family life; children needing long-term care but cannot be placed for domestic adoption; adoption disrupted; socially difficult circumstances (street child, armed conflict, child labor/trafficking); minor offense released on recognizance/custody supervision/dismissed; and children needing special protection as assessed by a social worker/agency/DSWD.
In those cases, the child must have no family willing and capable of caring and providing for him.
Examples include: (1) of legal age; (2) at least 16 years older than the child (unless relative); (3) genuine interest, capacity, and commitment to parent and provide familial atmosphere; (4) healthy and harmonious relationship with each family member living with the applicant; (5) good moral character; (6) physically and mentally capable and emotionally mature; (7) sufficient resources; (8) willing to undergo training; (9) not exceeding maximum number of foster children as per IRR.
Yes. Relatives of the child are given priority in determining the best suited foster parent, as long as they meet the qualifications.
An alien possessing the qualifications and who has resided in the Philippines for at least 12 continuous months and maintains such residence until termination of placement by DSWD or expiration of the foster family license may qualify.
Foster parents have the rights, duties, and liabilities of persons exercising substitute parental authority under the Family Code. However, their disciplinary authority is limited such that corporal punishment is prohibited.
The social worker prepares a detailed Home Study Report through planned visits and interviews to determine whether the applicant meets foster care requirements and is suitable to become a foster parent.
Matching is done only after both the child case study and home study are completed (save for exceptions determined by DSWD), considering the best interests of the child. Physical transfer/placement may occur only after the Foster Placement Authority (FPA) is issued (save for exceptions determined by DSWD).
Supervised foster placement starts when the foster parent receives the child. The social worker conducts regular home visits, submits progress reports, and reports incidents/injury/death/runaway/loss immediately to the agency, which must promptly report to DSWD.
Return of the child to biological parents; placement for adoption; death of the child; death of both foster parents; expiration of the FPA; and situations where placement becomes prejudicial to the welfare of the child (e.g., abandonment, maltreatment, sexual assault, violence, or other abuse).
When termination is based on placement becoming prejudicial to the child’s welfare (the ground in Section 14(f)), and the foster child, with assistance of a registered social worker, has the option to apply for termination.
If a child has been under foster care for at least 7 years, the foster parent may apply for LTFPA if: return to biological parents or adoption is not imminent; the foster parent maintains qualifications and a valid license for the entire duration; if the child is 10+ the child gives written consent with social worker assistance; and DSWD reassesses the foster home every 3 years (in addition to regular monitoring).
No. LTFPA grants custody without requiring eventual adoption. Also, there are no mandatory rights of succession in favor of the foster child.
The foster parent must have the qualifications under the Domestic Adoption Act (RA 8552) or Inter-Country Adoption Act (RA 8043) as applicable; trial custody in adoption may be waived if a harmonious relationship exists between child and foster parent/family; and adoption procedures follow the applicable Domestic or Inter-Country Adoption Act.