QuestionsQuestions (DSWD ORDER NO. 13, S. 1998)
It is anchored on the right of every child to grow up and be nurtured by his/her family and on the principle that biological family care should be fostered whenever possible; however, when family life is seriously disrupted (e.g., broken home, abandonment, illness, extreme poverty), substitute parental care is necessary. The order emphasizes that while residential facilities exist, a child generally grows best in a family setting, making foster family care a preferable substitute parental arrangement and part of an overall treatment plan for permanent placement.
The order covers children with special needs such as: youth offenders; sexually and physically abused children; children with emotional difficulties; children whose parents are suffering from HIV/AIDS (including those found negative for HIV); and street children.
Key objectives include: (1) affording children with special needs their right to a family in the absence of biological parents; (2) developing a pool of foster families; (3) decongest institutions/rehabilitation centers by placing children in foster homes; (4) imbuing responsibility and training foster parents in caring for children with special needs; (5) providing subsidies and support services; and (6) creating public awareness to gain support.
Placement is considered only when continuing stay with biological family is inimical to the child’s welfare. Social workers must exhaust all efforts to keep the child with the biological family, and foster home licensing must be based on a thorough study of the family’s motivation, capabilities, and potential for development.
No child shall be placed in a foster family that has not yet been licensed, except in an emergency. In such case, evaluation must be done not later than one week after receiving the child, and a license must be issued immediately if the family is found capable by the social worker.
Placement should be based on judicious matching of the child’s needs with the foster family’s resources and capabilities. The order also requires that placement considerations minimize disadvantages to children of the foster family and that only one special-needs foster child is placed at a time.
Foster care shall not be more than one year, except when the situation so requires as assessed by the social workers—especially for children with special needs that may require long-term foster care.
Any transfer of a foster child must be subjected to a case conference where the assessment of the transfer must redound to the child’s best welfare and interest.
No child under foster care shall be alienated from his/her biological family. The social worker must facilitate visits of the biological parent/s to the child.
Such incidents must be reported immediately to the DSWD Central Office within 24 hours, and an incidental report with the medical and/or death certificate must be forwarded within two (2) days after the child’s death, accident, or ailment.
They should be provided opportunities to prepare for independent living.
Children 0–17 years of age who are either abandoned or orphaned, or whose parents are in crisis and temporarily unable to provide adequate care; also children needing special care and protection due to: sexual/physical abuse or risk of further abuse/neglect; emotional difficulties from neglect/abuse/exploitation (e.g., street child, victim of child labor); developmental/physical disability; parents suffering from HIV/AIDS where the child is found negative from HIV; or committing a minor offense but released on recognizance or custody supervision and whose family/relatives cannot provide care.
Prospective foster parents must not be over 60 years old but not under 25 years old; must have a genuine interest in parenting a non-related child with special needs. They may be legally married or single. If the applicant is a widow or single, a male adult must be available in the home to provide a father figure.
Family members must be mentally and physically fit and free from contagious and infectious diseases. Applicants must have a healthy and harmonious relationship with each family member, good moral character, and emotional maturity.
Licensed foster families receive a monthly subsidy (P1,200) during the child’s stay. Additionally, they are given supplies/assistance (milk, food, clothing, medical/dental needs, educational assistance, hospitalization if indicated) based on the child’s needs and social worker assessment, not exceeding P3,000 per child per month. An emergency fund for medical/hospitalization needs is also provided (P500 per month).
Respite care is a one-week break to prevent burnout of foster parents. Qualified foster parents on respite care receive the full monthly subsidy (P1,200) and, if identified, an additional allowance of P1,000 to be used during their leave. The social worker ensures alternative responsible adult care within the family area, with assistance from another licensed foster family, and conducts daily visits during the foster parents’ absence.
Monitoring ensures proper implementation and provides technical assistance. The Bureau conducts quarterly and monthly monitoring with field office staff/specialists and provides technical assistance to DSWD-NCR. Evaluation is conducted by the Bureau in coordination with the Field Office and NGOs to determine extent of implementation and identify areas for technical assistance and policy modification.
Implementation includes: recruitment and development of foster families via tri-media and fora/group orientations; family assessment including homestudy (interviews, home visits, collateral interviews) and licensing; capability building after licensing; matching/selection based on child needs and foster family capability; pre-placement services (preparing foster parents and preparing the child, including lifebook/memory book when applicable); placement using a Foster Placement Authority approved by the Field Director; supervision via home visitations for at least six months with continued case management; termination upon return to biological/extended family, adoption, transfer to another placement where it benefits the child more, or death of the child; and post-placement/after care services to ensure reintegration and adjustment.