Title
Supreme Court
Emergency child protection law
Law
Republic Act No. 10821
Decision Date
May 18, 2016
An act mandating comprehensive emergency relief and protection for children and pregnant or lactating mothers during disasters, ensuring their safety, immediate recovery, and access to essential services while upholding their rights and well-being.

Law Summary

Key Definitions

  • Defines terms such as:
    • Child: Persons below 18 or those unable to care for themselves due to disabilities.
    • Child with Special Needs: Children with developmental or physical disabilities.
    • Child-Friendly Spaces: Safe areas for play, learning, health, and psychosocial support.
    • Civil Registry Documents, CSOs, Disasters, Emergencies, Hazards, Orphans, Separated and Unaccompanied Children, State of Calamity, Transitional Shelter.

Comprehensive Emergency Program for Children

  • The Department of Social Welfare and Development (DSWD) to develop a strategic program.
  • Program includes:
    • Establishment of evacuation centers prioritizing child safety.
    • Transitional shelters for vulnerable children and mothers.
    • Immediate provision of health, nutrition, and basic necessities.
    • Security measures against abuse, trafficking, and exploitation led by PNP and AFP.
    • Delivery of health and psychosocial services coordinated by DOH.
    • Prompt resumption of educational services by DepED.
    • Creation of child-friendly spaces by local government units.
    • Promotion of children's rights and participation in disaster risk reduction.

Evacuation Center Use and Limitations

  • Schools and child development centers used only if no alternatives exist.
  • Use of classrooms is a last resort and should be temporary.
  • LGUs must document and report prolonged use of school facilities for evacuation.
  • Education Department to monitor safety and condition of temporary learning spaces.

Care for Orphaned, Separated, and Unaccompanied Children

  • DSWD to establish guidelines for family tracing and reunification.
  • Placement in licensed residential care or foster families if family care unavailable.
  • Licensed social workers should manage cases and interventions.

Restoration of Civil Registry Documents

  • Philippine Statistics Authority (PSA) to restore or reconstruct vital documents lost in disasters.
  • Facilitates access to social services and family reunification.
  • Registration of children born during calamities also covered.

Training of Emergency Responders on Child Protection

  • National Disaster Risk Reduction and Management Council (NDRRMC) to lead child-responsive training.
  • Training to include assessment of child needs and psychosocial support.
  • Agencies shall mainstream child protection in emergency trainings.

Data Collection, Monitoring, and Reporting

  • Mandated agencies to monitor program implementation and submit annual reports to Congress.
  • Disaggregated data by age, gender, ethnicity, and special needs for effective response.
  • Immediate post-calamity reports within five days covering surveillance efforts.

Appropriations and Funding

  • Initial funding from current appropriations of involved agencies.
  • Continued funding included in annual General Appropriations Act.
  • Local governments to use Local Disaster Risk Reduction and Management Fund (LDRRMF).

Implementation and Rules

  • DSWD to promulgate implementing rules within 90 days.
  • Coordination with relevant government agencies and child-focused organizations required.

Legal Interpretation and Miscellaneous Provisions

  • Law to be liberally construed in favor of the child's best interest.
  • Severability clause to uphold unaffected provisions if some parts are invalidated.
  • Repeals conflicting laws or regulations.
  • Effectivity mandate: 15 days post-publication in Official Gazette or general newspaper.

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