Law Summary

A. Rationale

• Explanation: The Department of Social Welfare and Development (DSWD) establishes standards and monitors compliance for social welfare activities to assist marginalized and disadvantaged sectors.
• Key Definitions:
  • Residential Care Service: A 24-hour group care service providing alternative family care for individuals in crisis.
• Requirements/Procedures:
  • Revised standards are developed based on a rights-based approach to ensure the protection and fulfillment of the rights of vulnerable individuals.
• Timeframes: Not applicable.
• Consequences: Establishes the government's obligation to provide high-quality care through monitored compliance.

• DSWD is the primary agency responsible for social welfare. • The revised standards aim to improve service delivery in residential care.

B. Legal Bases

• Explanation: The legal framework for DSWD's operations includes various statutes and executive orders that mandate the setting of standards and monitoring of social welfare activities.
• Key Definitions:
  • Republic Act 5416: Legislation providing for comprehensive social services.
• Requirements/Procedures:
  • Establish standards, accredit institutions, and provide consultative services.
• Timeframes: Not applicable.
• Consequences: Provides a basis for regulatory actions by DSWD.

• Key laws include Republic Act 5416, Executive Order No. 292, and Executive Order No. 15.

C. Coverage

• Explanation: The standards apply to all residential care facilities operated by DSWD, local government units (LGUs), and private organizations.
• Key Definitions:
  • Residential Care: 24-hour group care for individuals whose needs cannot be met by their families.
• Requirements/Procedures: All types of residential care facilities must comply with these standards.
• Timeframes: Not applicable.
• Consequences: Non-compliance may affect the accreditation status of facilities.

• Standards apply to both public and private residential care providers.

D. Objectives

• Explanation: The standards aim to protect and promote the welfare of residents, ensuring effective human services.
• Key Definitions:
  • None specified.
• Requirements/Procedures:
  • Programs must contribute to residents' healing and social reintegration.
• Timeframes: Not applicable.
• Consequences: Facilities not meeting objectives may face scrutiny or loss of accreditation.

• Goals include promoting efficiency and accountability in facility management.

E. General Policies

• Explanation: Policies support de-institutionalization and outline conditions for admission and residency.
• Key Definitions:
  • De-institutionalization: Reducing reliance on institutional care for children.
• Requirements/Procedures:
  • Admissions should be a last resort; maximum duration of stay should be considered.
• Timeframes:
  • Accreditation validity periods:
    • Level 1: 3 years
    • Level 2: 4 years
    • Level 3: 5 years
• Consequences: Non-compliance with standards may lead to accreditation suspension.

• Admission criteria include age, self-care ability, and family status.

F. Standards

• Explanation: General standards guide the operation of residential care facilities across various categories of vulnerable individuals.
• Key Definitions:
  • MUST Indicators: Mandatory standards for compliance.
  • DESIRED Indicators: Higher standards that enhance service quality.
  • EXEMPLARY Indicators: Highest standards qualifying for Center of Excellence.
• Requirements/Procedures:
  • Clear organizational structure, responsive program management, effective case management, appropriate helping strategies, and safe physical environments.
• Timeframes: Standards reviewed and updated every three years.
• Consequences: Facilities failing to meet standards risk losing accreditation.

• Facilities must adhere to defined organizational structures and safety requirements.

G. Assessment of Compliance

• Explanation: Compliance is assessed through established indicators and tools to ensure effective service delivery.
• Key Definitions:
  • Indicators: Measures of compliance with established standards.
• Requirements/Procedures:
  • Assessment tools developed by the Standards Bureau.
• Timeframes: Indicators reviewed every three years.
• Consequences: Non-compliance could lead to accreditation issues.

• Assessment considers varying capacities of agencies providing residential care.

H. Repealing Clause

• Explanation: Previous Administrative Orders that conflict with this order are revoked.
• Key Definitions:
  • None specified.
• Requirements/Procedures:
  • Administrative Orders No. 141 s. 2002 and No. 01 s. 2004 are no longer in effect.
• Timeframes: Not applicable.
• Consequences: Ensures clarity in the current regulatory framework.

I. Effectivity

• Explanation: The order takes effect following publication.
• Key Definitions:
  • None specified.
• Requirements/Procedures:
  • Effective 30 days after publication in the Official Gazette or a newspaper.
• Timeframes: Specific effective date outlined.
• Consequences: Immediate enforcement of the new standards.

Key Takeaways

• The DSWD Administrative Order No. 11 establishes revised standards for residential care services, emphasizing a rights-based approach.
• The order outlines clear legal bases, coverage, objectives, general policies, specific standards, compliance assessment, and effective dates.
• Accreditation for facilities varies by compliance level, with significant consequences for non-compliance, ensuring quality care for vulnerable populations.