Law Summary
Declaration of Policy
- Upholds the constitutional right of children to proper care and special protection.
- Prioritizes family-based care over institutional care.
- Guarantees observance of child rights under PD No. 603 and the UN Convention on the Rights of the Child.
- Ensures foster care provides a nurturing environment and aids in child reintegration or adoption.
- Protects biological children of foster families from disadvantage.
Key Definitions
- Agency: Licensed child-caring or child-placing institution accredited by DSWD.
- Child: Person below 18 or disabled over 18 unable to care/protect self.
- Foster Parent: DSWD-licensed individual providing temporary parental care.
- Foster Child: Child placed under foster care.
- Foster Family Care License & Foster Placement Authority: DSWD-issued authorizations.
- Social Worker: Registered/licensed social worker monitoring foster care.
- Matching: Process of pairing child with suitable foster parent/family.
Eligibility for Foster Care
- Children who are abandoned, surrendered, neglected, abused, have special needs, or face social difficulties.
- Children awaiting adoption, with disrupted adoption, or requiring special protection.
- Children must have no willing or capable family to care for them in certain cases.
Foster Parent Qualifications
- Must be of legal age, at least 16 years older than the child (relatives excepted).
- Must demonstrate genuine interest, capacity, and financial resources.
- Must be emotionally and physically capable, of good moral character.
- Must maintain a healthy family relationship and is willing to undergo training.
- Priority given to relatives; aliens eligible after residing 12 months in Philippines.
Parental Authority of Foster Parents
- Foster parents exercise substitute parental authority under the Family Code.
- Authority excludes corporal punishment.
Recruitment and Licensing Procedures
- DSWD facilitates recruitment, preferably via local councils.
- Home Study Report prepared by social worker assesses applicant suitability.
- Foster Family Care License issued based on home study; renewable every 3 years.
- Matching conducted after thorough child and home studies.
- Foster Placement Authority required before physical placement.
Supervision and Monitoring
- Social workers conduct regular visits and progress reports.
- Incidents (injury, death, runaway) must be immediately reported to agency and DSWD.
Termination Grounds
- Return to biological parents.
- Adoption placement.
- Death of child or foster parents.
- Expiry of placement authority.
- Situations prejudicial to child welfare including abuse or abandonment.
- Foster child may apply for termination with social worker assistance.
Long-Term Foster Placement
- Permitted after at least 7 years under certain conditions.
- Requires ongoing qualifications of foster parent and child’s written consent (if 10+ years old).
- Periodic reassessment every 3 years by DSWD.
- Custody granted without mandatory succession rights.
- Termination of long-term commitment requires provisions for child’s needs.
Adoption of Foster Child
- Foster parents may adopt subject to existing adoption laws and qualifications.
- Trial custody requirement may be waived if harmonious relationship exists.
Role of Local Government Units (LGUs)
- LGUs promote foster care systems locally.
- Primarily responsible for social welfare including foster care programs.
- National government provides support, especially for lower-class municipalities.
- Joint seminars and training programs mandated for local officials.
Support and Financial Assistance
- Monthly foster child subsidy provided unless foster parent can support child.
- Foster child automatically covered under foster parent’s PhilHealth insurance.
- Support services for foster parents including counseling, training, livelihood assistance.
- Additional tax exemptions extended to foster parents for dependents.
- Agencies enjoy income tax exemption and qualification as donee institutions.
- Donors to agencies receive allowable income deductions and donor tax exemptions.
Penalties
- Foster parents guilty of neglect, abuse or exploitation penalized under RA 7610 and other laws.
- Agencies violating placement, supervision, or other provisions face increasing fines and license revocation.
- Other violators penalized with imprisonment or fines; public officials may face additional disqualification.
Foster Care Committee
- Regional Child Welfare Specialist Group constitutes the Foster Care Committee.
- Functions include issue resolution, policy monitoring, recommendations, and reporting to DSWD and Congress.
Funding and Implementation
- Initial appropriations of PhP 25 million allocated.
- Annual budget included in General Appropriations Act.
- DSWD leads in drafting implementing rules and regulations within three months.
Legal Framework
- Family Code and other applicable laws serve as suppletory to this Act.
- Repeals provisions inconsistent with the Act.
- Contains separability clause ensuring validity of unaffected provisions.
- Effective 15 days after publication in designated publications.