Title
DSWD Foster Care for Children with Special Needs
Law
Dswd Order No. 13, S. 1998
Decision Date
May 20, 1998
The Department of Social Welfare and Development expands its foster care program to provide family life and support for children with special needs, offering training, subsidies, and resources to foster families while ensuring the children's rights to a nurturing environment.

Legal basis, relation to existing rules

  • The guidelines anchor the right of the child to family life on the Convention on the Rights of the Child and the Philippine and Youth Welfare Code.
  • The Department’s foster care program is treated as an expanded program under the existing regular foster care approach, with guidelines that follow the regular DSWD foster care program while expanding services for children with special needs.
  • All previous orders contrary to this are revoked or rescinded accordingly.

Policy, purpose, and program rationale

  • Every child is entitled to grow up and be nurtured by his/her family, and family life supports wholesome personality development.
  • Biological families are responsible to provide family life, and substitute parental care is used when continuing stay with the biological family is inimical to the child’s welfare.
  • Foster family care is recognized as the best substitute parental arrangement for children in need of temporary care and as part of an overall treatment plan for permanent placement.
  • The foster care program is expanded to provide family life and care to children with special needs who linger in child caring agencies/institutions or rehabilitation centers or whose parents are unable to care for them.

Coverage: project description and eligible persons

  • The Foster Care Program provides substitute parental care to children with special needs, including youth offenders, sexually and physically abused children, children with emotional difficulties, children whose parents are suffering from HIV/AIDS, and street children.
  • The program specifically aims to provide family life for children with special needs and to create a pool of foster families for those children.
  • Foster care placement is limited to situations where the child’s continuing stay with the biological family is inimical to welfare.
  • The program is piloted in the National Capital Region.

Program objectives and guiding standards

  • The program provides children with special needs the right to a family in the absence of their biological parents.
  • The program aims to develop and maintain a ready pool of foster families to provide care for children with special needs when the need arises.
  • The program aims to decongest child caring institutions/agencies and rehabilitation centers by placing children with special needs in foster homes.
  • The program trains and strengthens foster parents in understanding, caring, and management of children with special needs.
  • The program provides subsidies and other support services to foster parents.
  • The program builds public awareness to gain support in implementing the foster home program for children with special needs.

General policies and case requirements

  • Placement in a foster family is considered only when continuing stay with the biological family is inimical to the child’s welfare.
  • Social workers must exhaust all efforts to keep the child with his/her biological family before foster placement.
  • A thorough study of families must be conducted before issuance of license to determine motivation, capabilities, and potential for development as foster homes for particular types of children.
  • No child may be placed in a foster family that is not yet licensed, except in an emergency; in an emergency, evaluation must be completed 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 in a particular licensed foster family must be based on judicious matching of the child’s needs and the foster family’s resources.
  • Placement must not disadvantage any child already in the foster family; only one (1) child with special needs may be placed with a foster family at a time.
  • Foster care must not exceed one year, except when the situation requires, as assessed by social workers—especially for children with special needs that may require long-term foster care.
  • Any transfer of a foster child must undergo a case conference to ensure the transfer assessment redounds to the child’s best welfare and interest.
  • Social workers must facilitate visits of the biological parent/s, and no child under foster care may be alienated from his/her biological family.
  • For death or any untoward incident affecting a foster child:
    • The Department Central Office must be notified immediately, within 24 hours.
    • 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.
  • Older children whose family or relatives cannot be located and where no other permanent plan is applicable must be provided opportunities to prepare for independent living.

Eligibility requirements for children and foster parents

  • Children eligible for foster placement include children 0–17 years of age.
  • Eligible children include those who are abandoned or orphaned.
  • Eligible children include children whose parents are in crisis and temporarily unable to provide adequate care.
  • Eligible children include children needing special care and protection due to:
    • sexual or physical abuse, or being in danger of further abuse or neglect by parents or guardian;
    • emotional difficulties resulting from neglect, abuse, or exploitation (including street child and victim of child labor);
    • developmental or physical disability;
    • parents suffering from HIV/AIDS who are found negative from HIV; and
    • committing a minor offense but released on recognizance or on custody supervision, when family or relatives cannot provide care.
  • Prospective foster parents must not be over 60 years of age and must not be under 25 years old.
  • Prospective foster parents must have a genuine interest in parenting a non-related child with special needs.
  • Prospective foster parents may be legally married or single and must be able to provide family life; when the applicant is a widow or single, a male adult must be available in the home to provide a father figure.
  • Family members of the foster home must be mentally and physically fit and free from contagious and infectious diseases to cope with the added stress of caring for a child with special needs.
  • Applicants must have a healthy and harmonious relationship with each family member.
  • Applicants must have good moral character and emotional maturity.
  • Applicants must be willing to be trained to hone knowledge, attitude, and skills in caring for children with special needs.
  • Licensed foster parents must signify in consultation with their children their willingness to care for children with special needs requiring different degrees of time, attention, care, emotional strength/stability, and patience.
  • Licensed foster parents must be willing to be trained further to hone knowledge, attitude, and skills in caring for children with special needs.

Support services and financial assistance

  • Support services must be provided to foster families caring for children with special needs to sufficiently meet the child’s needs.
  • Any foster family caring for a child with special needs must receive a monthly subsidy of one thousand two hundred pesos (P1,200) during the stay of the child in the foster home.
  • The subsidy is intended as an incentive to encourage foster families to continue caring for children with special needs.
  • In addition to the subsidy, licensed foster families must be given supplies and other assistance for the child, including:
    • milk, food, clothing, medical/dental needs, educational assistance, and hospitalization (if indicated),
    • based on the child’s needs and assessment by the social worker,
    • at an amount of not more than P3,000 per child/month.
  • An Emergency Fund must be available for medical/hospitalization needs of a child in the amount of P500.00 a month.
  • Respite care provides a one week break from fostering children with special needs to prevent burnout.
  • Respite care-qualified foster families must receive:
    • the full amount of their P1,200 monthly subsidy, and
    • an allowance of one thousand pesos (P1,000) on top of the monthly subsidy when going on leave for the break.
  • The social worker must identify the foster family qualified and in need of respite care.
  • The social worker must plan arrangements so the foster child is cared for by responsible adults within the family with assistance of another licensed foster family within the area.
  • The social worker must conduct a daily visit to the foster family during the respite period.
  • The Foster Care Association of the Philippines (FCAP) is recognized as a support system organization composed of foster families, social workers, and other professionals from various child welfare agencies and institutions.
  • Foster parents must be grouped according to their geographical area for mutual support, including sharing experiences, providing assistance during crises, and providing substitute care during temporary breaks (respite care).
  • Other assistance may be provided through referrals, including medical assistance and legal advice/services when the foster parents are qualified to adopt the foster child after a case conference; livelihood programs may be facilitated through referrals to the Department of Health, government and private hospitals, and other GOs and NGOs.

Implementation mechanics: piloting, recruitment, assessment, and placement

  • The project must be piloted in the National Capital Region.
  • Foster family recruitment and development must be conducted through tri-media promotion (television, radio, posters, magazines, etc.) and personal contacts.
  • Regular foster care fora/group orientations must be conducted by the Field Office in coordination with child placing NGOs as a tool for self-screening, assessment of applicants, and development of foster families.
  • A thorough study and reassessment of all foster parent applicants and their families must be performed to determine motivations and full compliance with requirements and to assess capability to provide a safe, secure, loving home.
  • Homestudy for foster care must be conducted by the Field Office/NGO through their social worker, including planned interviews, home visits, and collateral interviews with applicants, their children (if any), and other persons with direct involvement with the child.
  • The homestudy must be prepared by the social worker as the basis for recommendation for licensing the foster family.
  • A license must be issued to an approved foster family.
  • After licensing, foster families must undergo training together with other licensed foster families to enhance parenting capability regarding understanding and management of children with special needs.
  • Matching must pair the child with a family based on the child’s needs and capability to benefit from placement, and based on the foster parents’ capability and interest to meet the child’s needs.
  • Pre-placement preparation must occur after matching:
    • Foster parents must be informed one week about the child matched with them, and must be given information including family background, the child’s developmental history, personality, medical history focusing on special needs, a report of psychological examination if appropriate, and a recent photograph.
    • Foster parents must be informed they shall not alienate the child from his/her biological parents.
  • Preparation of the child must be consistent with the child’s age, understanding, and emotional maturity, and an older child must be helped to understand what foster care means and why placement is needed.
  • A lifebook/memory book prepared by the social worker and child (if appropriate) containing pictures/short stories from admission in the institution must be given to foster parents, and foster parents must continue it with assistance of the social worker.
  • The foster child must be helped to understand, if indicated, the temporary nature of care and that visits/contacts with the family shall be made possible.
  • Placement is the physical transfer of a child from a child caring agency or biological family to the foster family responsible for care and custody.
  • A Foster Placement Authority (FPA) must be prepared and signed by the foster family and social worker, and must be approved by the Field Director.
  • The social worker must discuss the terms of the FPA to ensure understanding, including the child’s special needs and handling of behavior and other concerns, including continuing medical/psychological evaluation.
  • The FPA must be issued before the child’s actual placement.

Supervision, termination, and after-care services

  • After placement, the social worker must help the family and child through adjustment using home visitations.
  • Supervision after placement must last for at least six months after placement.
  • Supervision must ensure proper adjustment of the child to the foster family and of the foster family to the child.
  • During supervision, the social worker must follow up the foster family’s participation in case management toward treatment and achievement of goals for children with special needs.
  • During supervision, the social worker must update the foster family on the foster child’s status, if appropriate, including adoption availability, return to biological family/parents, or need for longer foster stay due to difficulty of permanent placement.
  • Group sessions for foster parents must be conducted quarterly or as need arises for sharing experiences and learning.
  • Disruption occurs when foster care placement is not completed or is discontinued due to problems arising in either the child and/or foster family.
  • Termination of placement must be done by the agency when any of the following occurs:
    • return of the child to biological family, extended family, or relatives;
    • placement for adoption;
    • transfer to another foster family, in group care, or residential care or training center where the child will benefit more;
    • death of the child.
  • After placement ends and the child returns to biological parents:
    • the social worker must be available to ensure reintegration adjustment to family/relatives;
    • parents/relatives must be helped to understand and cope with the child’s adjustment problems;
    • the child must be helped to understand return to home, work out feelings about return, separation from the foster family, and life with relatives; and
    • older children referred to training centers for job placements must receive after care services for smooth adjustment and integration into family and community.

Monitoring, evaluation, outputs, and roles

  • The Bureau must conduct quarterly and monthly monitoring with Field Office staff/specialist and provide technical assistance to DSWD-NCR.
  • Evaluation must be conducted by the Bureau in coordination with the Field Office and NGOs to determine extent of implementation, identify areas for technical assistance, and determine modification needs for policies, procedures, and program enrichment.
  • Output indicators include:
    • number of foster families licensed to care for children with special needs;
    • number of children with special needs from centers/institutions or child caring agencies placed under foster families;
    • number of foster families trained to understand and care for children with special needs;
    • number of foster children served by other agencies/organizations due to interagency collaboration;
    • number of program materials developed (e.g., brochure, flyer); and
    • decreased number of cases of children in child caring institutions.
  • Impact indicators include:
    • increased number of older foster children living independently;
    • gained public support in implementing foster home program for children with special needs; and
    • increased number of children with special needs with improved behavior.
  • DSWD bureaus under Programs and Special Projects must prepare the project proposal, department order, and program materials; oversee and provide technical assistance to DSWD-NCR; conduct regular monitoring and supervision; allocate funds; network with DSWD-NCR and child placing NGOs for IEC materials; initiate networking with GOs and NGOs to facilitate assistance as part of support services; conduct orientation for implementors and capability building activities in coordination with the Field Office and HRDB; prepare status reports; conduct evaluation and documentation for program refinement/enrichment; and coordinate overall implementation.
  • DSWD-NCR and child placing NGOs must identify and assess potential foster families; assess and prepare home studies and recommend for approval and issuance of license; implement the project under the guidelines; ensure judicious utilization of project funds; conduct monthly foster care fora in coordination with the Bureau or as needed; conduct regular monitoring and supervision and provide technical assistance; assist in evaluation and documentation; and submit quarterly accomplishment and financial reports to the Bureau.

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