Republic of the Philippines

Congress of the Philippines

Metro Manila
Fifteenth Congress
Second Regular Session
Begun and held in Metro Manila, on Monday, the twenty-ffth day of July, two
thousand eleen!
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Be it enacted by the Senate and 1ouse of Representaties of the Philippines in
Congress asse4bled5
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S#C(&*) +! (itle! 6 (his 'ct shall be 7nown as the 8Foster Care 'ct of 9,+9:!
S#C! 9! 2eclaration of Policy! 6 'rticle ;3 of the Constitution proides that the State
shall defend the right of children to assistance, including proper care and nutrition,
and special protection fro4 all for4s of neglect, abuse, cruelty, e<ploitation or other
conditions pre=udicial to their deelop4ent!
&t is hereby declared the policy of the State to proide eery child who is neglected,
abused, surrendered, dependent, abandoned, under sociocultural di>culties, or with
special needs with an alternatie fa4ily that will proide loe and care as well as
opportunities for growth and deelop4ent!
(he State shall guarantee that all the lights of the child enu4erated under 'rticle ?
of Presidential 2ecree )o! -,?, otherwise 7nown as 8(he Child and @outh Aelfare
CodeB, as a4ended, and the rights found under 'rticle 9, of the $nited )ations
Conention on the Rights of the Child shall be obsered!
(he State recogniCes that in 4ost cases, a child will beneft 4ore fro4 foster care
than institutional care! (owards this end, the State shall syste4atiCe and enhance
the foster care progra4 in the country! &t shall ensure that the foster fa4ily shall
proide a wholeso4e at4osphere to the foster child! Further to this end, the State
recogniCes that foster care is an i4portant step towards the childDs return and
reintegration to his biological parents or place4ent with an adoptie fa4ily!
(he State shall also protect the rights of the biological child of the foster fa4ily and
ensure that in no case shall the child be disadantaged as a result of the place4ent
of a foster child!
&n all cases, the childDs right to health shall be upheld and protected!
S#C! ?! 2efnition of (er4s! 6 For purposes of this 'ct, the following ter4s are
defned5
EaF 'gency refers to any child-caring or child-placing institution licensed and
accredited by the 2epart4ent of Social Aelfare and 2eelop4ent E2SA2F to
i4ple4ent the foster care progra4!
EbF Child refers to a person below eighteen E+GF years of age, or one who is oer
eighteen E+GF but is unable to fully ta7e care of or protect oneself fro4 abuse,
neglect, cruelty, e<ploitation or discri4ination because of a physical or 4ental
disability or condition!
EcF Child Case Study Report refers to a written report prepared by a social wor7er
containing all the necessary infor4ation about a child!
EdF Child with Special )eeds refers to a child with deelop4ental or physical
disability!
EeF Fa4ily refers to the parents or brothers and sisters, whether of the full or half-
blood, of the child!
EfF Foster Care refers to the proision of planned te4porary substitute parental care
to a child by a foster parent!
EgF Foster Child refers to a child placed under foster care!
EhF Foster Fa4ily Care %icense refers to the docu4ent issued by the 2SA2
authoriCing the foster parent to proide foster care!
EiF Foster Parent refers to a person, duly licensed by the 2SA2, to proide foster
care!
E=F Foster Place4ent 'uthority EFP'F refers to the docu4ent issued by the 2SA2
authoriCing the place4ent of a particular child with the foster parent!
E7F 1o4e Study Report refers to a written report prepared by a social wor7er
containing the necessary infor4ation on a prospectie parent or fa4ily 4e4ber!
ElF Matching refers to the =udicious pairing of a child with foster parent and fa4ily
4e4bers based on the capacity and co44it4ent of the foster parent to 4eet the
indiidual needs of the particular child and the capacity of the child to beneft fro4
the place4ent!
E4F Parent refers to the biological or adoptie parent or legal guardian of a child!
EnF Place4ent refers to the physical transfer of the child with the foster parent!
EoF Relaties refer to the relaties of a child, other than fa4ily 4e4bers, within the
fourth degree of consanguinity or a>nity!
EpF Social Aor7er refers to the registered and licensed social wor7er of the 2SA2,
local goern4ent unit E%0$F or agency!
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S#C! H! Aho May Be Placed $nder Foster Care! 6 (he following 4ay be placed in
foster care5
EaF ' child who is abandoned, surrendered, neglected, dependent or orphanedI
EbF ' child who is a icti4 of se<ual, physical, or any other for4 of abuse or
e<ploitationI
EcF ' child with special needsI
EdF ' child whose fa4ily 4e4bers are te4porarily or per4anently unable or
unwilling to proide the child with adeJuate careI
EeF ' child awaiting adoptie place4ent and who would hae to be prepared for
fa4ily lifeI
EfF ' child who needs long-ter4 care and close fa4ily ties but who cannot be placed
for do4estic adoptionI
EgF ' child whose adoption has been disruptedI
EhF ' child who is under socially di>cult circu4stances such as, but not li4ited to, a
street child, a child in ar4ed conKict or a icti4 of child labor or tra>c7ingI
EiF ' child who co44itted a 4inor oLense but is released on recogniCance, or who is
in custody superision or whose case is dis4issedI and
E=F ' child who is in need of special protection as assessed by a social wor7er, an
agency or the 2SA2!
Proided, (hat in the case of EbF, EcF, EfF, EhF, EiF, and E=F, the child 4ust hae no
fa4ily willing and capable of caring and proiding for hi4!
S#C! .! Aho May Be a Foster Parent! 6 'n applicant who 4eets all of the following
Jualifcations 4ay be a foster parent5
EaF Must be of legal ageI
EbF Must be at least si<teen E+-F years older than the child unless the foster parent
is a relatieI
EcF Must hae a genuine interest, capacity and co44it4ent in parenting and is able
to proide a fa4ilial at4osphere for the childI
EdF Must hae a healthy and har4onious relationship with each fa4ily 4e4ber
liing with hi4 or herI
EeF Must be of good 4oral characterI
EfF Must be physically and 4entally capable and e4otionally 4atureI
EgF Must hae su>cient resources to be able to proide for the fa4ilyDs needsI
EhF Must be willing to further hone or be trained on 7nowledge, attitudes and s7ills
in caring for a childI and
EiF Must not already hae the 4a<i4u4 nu4ber of children under his foster care at
the ti4e of application or award, as 4ay be proided in the i4ple4enting rules and
regulations E&RRF of this 'ct!
Proided, (hat in deter4ining who is the best suited foster parent, the relaties of
the child shall be gien priority, so long as they 4eet the aboe Jualifcations5
Proided, further, (hat an alien possessing the aboe Jualifcations and who has
resided in the Philippines for at least twele E+9F continuous 4onths and 4aintains
such residence until the ter4ination of place4ent by the 2SA2 or e<piration of the
foster fa4ily license, 4ay Jualify as a foster parent!
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S#C! -! Parental 'uthority of a Foster Parent! 6 Foster parents shall hae the rights,
duties and liabilities of persons e<ercising substitute parental authority, as 4ay be
proided under the Fa4ily Code oer the children under their foster care!
S#C! M! %i4itations on Parental 'uthority of Foster Parents! 6 Foster parents shall
only hae the rights of a person with special parental authority to discipline the
foster children as defned under Section 9?? of the Fa4ily Code, insofar as it
prohibits the inKiction of corporal punish4ent upon the child!
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S#C! G! Recruit4ent and 2eelop4ent of Foster Parents! 6 (o recruit applications for
foster care, the 2SA2 shall reach out to arious co44unities and %0$s and wor7
preferably with the %ocal Council for the Protection of Children E%CPCF!
S#C! N! Sub4ission of 1o4e Study Report! 6 (he social wor7er shall 4a7e a detailed
1o4e Study Report of an applicantDs bac7ground and circu4stances, carried out in
a series of planned isits and interiews, in order to deter4ine if the applicant
4eets the basic reJuire4ents for foster care and is suitable to beco4e a foster
parent!
S#C! +,! &ssuance of %icense! 6 (he 2SA2 shall issue a Foster Fa4ily Care %icense
based on the 1o4e Study Report sub4itted by the agency to deter4ine the
4otiations, capacities and potentials for deelop4ent of applicants! (he license is
renewable eery three E?F years unless earlier reo7ed by the 2SA2!
S#C! ++! Matching! 6 Matching shall be done by the agency only after the child case
study and the ho4e study hae been conducted, sae for e<ceptions to be
deter4ined by the 2SA2, ta7ing into consideration the best interests of the child!
(he child case study report shall establish the needs of the child for consideration in
the selection of the foster parent! %i7ewise, the 1o4e Study Report shall establish
said foster parentDs capacity and resources to proide a safe, secure and losing
ho4e to the child!
S#C! +9! Place4ent! 6 (he physical transfer of the child to the foster parent shall be
allowed only after the FP' has been issued, sae for e<ceptions to be deter4ined by
the 2SA2, ta7ing into consideration the best interest of the child!
S#C! +?! Superision of Foster Place4ent! 6 Superised foster place4ent begins as
soon as the foster parent receies the child into his care! 2uring the foster
place4ent, the social wor7er shall conduct regular ho4e isits to 4onitor the childDs
ad=ust4ent in the foster ho4e and shall sub4it progress reports to the 2SA2!
&n case of incident, in=ury or death of a foster child, or if he runs away or gets lost,
such case shall be reported i44ediately to the agency, which, in turn, shall
i44ediately report the sa4e to the 2SA2!
S#C! +H! (er4ination of Place4ent! 6 (er4ination of place4ent shall be done by the
2SA2, upon reco44endation of the agency, on the following grounds5
EaF Return of the child to biological parentsI
EbF Place4ent for adoption of the childI
EcF 2eath of the childI
EdF 2eath of both foster parentsI
EeF #<piration of the FP'I and
EfF &n all cases where place4ent beco4es pre=udicial to the welfare of the child,
such as, but not li4ited to, abandon4ent, 4altreat4ent, se<ual assault, iolence or
other for4s of abuse!
Proided, (hat in the case of EfF, the foster child, with the assistance of a registered
social wor7er, shall hae the option to apply for ter4ination of place4ent!
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S#C! +.! %ong-(er4 Foster Place4ent 'uthority! 6 &f a child has been under the care
of a foster parent for a period of at least seen EMF years, the said foster parent 4ay
apply for %ong-(er4 Foster Place4ent 'uthority E%(FP'F, sub=ect to the following
conditions5
EaF (he childDs return to his biological parents or place4ent in an adoptie fa4ily is
not i44inentI
EbF (he foster parent continues to possess the Jualifcations reJuired under tins 'ct
and a alid foster fa4ily care license for the entire duration of the foster careI
EcF (he child, if ten E+,F years of age or oer, duly assisted by a social wor7er, gies
written consent for long-ter4 stay with the foster parentI and
EdF 'side fro4 the regular 4onitoring isits, the 2SA2 shall reassess and
reealuate the foster ho4e situation eery three E?F years, to deter4ine whether it
is in the best interest of the child to continue liing in the foster ho4e on a long-
ter4 basis!
%(FP' grants the foster parent custody oer the foster child without the reJuire4ent
of the eentuality of adoption of the latter by the for4er! 2uring this period, the
foster child shall en=oy the rights of a child under 'rticle ? of the Child and @outh
Aelfare Code, and under other laws5 Proided, (hat there shall be no 4andatory
rights of succession in faor of the foster child!
S#C! +-! %ong-(er4 Foster Care Co44it4ent! 6 (a7ing into consideration the
stability and best interest of the foster child, a foster parent, who unilaterally
ter4inates the %(FP' before the foster child reaches the age of 4a=ority or fnishes
tertiary education, shall 4a7e proisions for the education and basic needs of the
foster child, in accordance with the standards in which the child has been raised or
has beco4e accusto4ed to, within the said period5 Proided, (hat the faster parent
has the 4eans to support the foster child in 7eeping with the fnancial capacity of
the fa4ily!
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S#C! +M! Conditions! 6 ' foster parent 4ay adopt his foster child sub=ect to the
following conditions5
EaF (he foster parent 4ust hae all the Jualifcations as proided for by Republic 'ct
)o! G..9, otherwise 7nown as the 2o4estic 'doption 'ct of +NNG or Republic 'ct
)o! G,H?, otherwise 7nown as the &nter-Country 'doption 'ct of +NN., as the case
4ay beI
EbF (he trial custody, as reJuired in adoption, 4ay be waied5 Proided, (hat a
har4onious relationship e<ists between the child and his foster parent and fa4ily
4e4bersI and
EcF (he procedures for adoption, for purposes of this 'ct, shall be goerned by
2o4estic 'doption 'ct of +NNG or &nter-Country 'doption 'ct of +NN., as the case
4ay be!
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S#C! +G! Role of %ocal 0oern4ent $nits E%0$sF! 6 %0$s shall pro4ote the foster
care syste4 in their respectie territorial =urisdictions!
S#C! +N! Funding! 6 &n accordance with the %ocal 0oern4ent Code, %0$s shall
pri4arily be responsible for social welfare serices which include foster care
progra4s! 1oweer, the national goern4ent shall proide fnancial support,
priority gien to third E?rdF, fourth EHthF and ffth E.thF class 4unicipalities!
S#C! 9,! Se4inars and (rainings! 6 (he 2SA2, in coordination with the 2epart4ent
of the &nterior and %ocal 0oern4ent E2&%0F, is hereby 4andated to deelop and
proide progra4s to ensure the awareness and responsieness of local goern4ent
o>cials in the pro4otion and deelop4ent of the foster care syste4 in eery city,
4unicipality or barangay!
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S#C 9+! 'ssistance to a Foster Child! 6
EaF Foster Child Subsidy! 6 ' foster child, through the agency, shall be entitled to a
4onthly subsidy fro4 the 2SA2, sub=ect to e<isting goern4ent auditing rules and
regulations! (he subsidy is pri4arily ai4ed at supporting the e<penses of the child
to lessen the fnancial burden on the foster parent5 Proided, (hat support 4ay be
waied if the foster parent is capable of supporting the foster child!
EbF 1ealth &nsurance! 6 ' foster child shall auto4atically be a Phil1ealth benefciary
of the foster parent and as such, entitled to health insurance benefts! &f the foster
parent is not a Phil1ealth 4e4ber, he 4ust see7 enroll4ent with Phil1ealth! %0$s
and agencies shall proide assistance to the foster parents to ensure enroll4ent!
S#C! 99! 'ssistance and &ncenties to Foster Parent! 6
EaF Support Care Serices! 6 (he 2SA2, the social serice units of %0$s and
agencies shall proide support care serices to include, but not li4ited to,
counseling, isits, training on child care and deelop4ent, respite care, s7ills
training and lielihood assistance!
EbF 'dditional #<e4ption for 2ependents! 6 For purposes of clai4ing the (wenty-fe
thousand pesos EPhP 9.,,,,!,,F additional e<e4ption for foster parents for each
dependent not e<ceeding four EHF as proided for by Republic 'ct )o! N.,H, the
defnition of the ter4 8dependentB under Section ?.EBF of the )ational &nternal
Reenue Code E)&RCF of +NNM shall be a4ended to include 8foster childB5 Proided,
(hat all other conditions proided for under the aforesaid section of the )&RC of
+NNM 4ust be co4plied with5 Proided, further! (hat this additional e<e4ption shall
be allowed only if the period of foster care is at least a continuous period of one E+F
ta<able year!
For purposes of this section, only one E+F foster parent can treat the foster child as a
dependent for a particular ta<able year! 's such, no other parent or foster parent
can clai4 the said child as a dependent for that period!
S#C! 9?! &ncenties to 'gencies! 6 'gencies shall be entitled to the following ta<
incenties5
EaF #<e4ption fro4 &nco4e (a<! 6 'gencies shall be e<e4pt fro4 inco4e ta< on the
inco4e deried by it as such organiCation pursuant to Section ?, of the )&RC of
+NNM, as i4ple4ented by Reenue Regulation ERRF )o! +?-NGI and
EbF Oualifcation as a 2onee &nstitution! 6 'gencies can also apply for Jualifcation as
a donee institution!
S#C! 9H! &ncenties to 2onors! 6 2onors of an agency shall be entitled to the
following5
EaF 'llowable 2eductions! 6 2onors shall be granted allowable deductions fro4 its
gross inco4e to the e<tent of the a4ount donated to agencies in accordance with
Section ?HE1F of the )&RC of +NNMI and
EbF #<e4ption fro4 2onorDs (a<! 6 2onors shall be e<e4pted fro4 donorDs ta< under
Section +,+ of the )&RC of +NNM5 Proided, (hat not 4ore than thirty percent E?,PF
of the a4ount of donations shall be spent for ad4inistratie e<penses!
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S#C! 9.! Penalties! 6
EaF 'ny foster parent, found to be co44itting any act of neglect, abuse, cruelty, or
e<ploitation and other si4ilar acts pre=udicial to the childDs deelop4ent, shall be
penaliCed in accordance with Republic 'ct )o! M-+,, otherwise 7nown as 8'n 'ct
Proiding For Stronger 2eterrence and Special Protection 'gainst Child 'buse,
#<ploitation and 2iscri4ination, Proiding For &ts 3iolation, and For *ther PurposesB,
and other applicable laws!
EbF 'n agency which iolates Sections ++, +9, +? or any other proision of this 'ct
and its &RR shall suLer the following penalties5
E+F For the frst iolation, a fne of not less than (wenty-fe thousand pesos EPhP
9.,,,,!,,F but not e<ceeding Fifty thousand pesos EPhP .,,,,,!,,FI and
E9F For any subseJuent iolation, a fne of not less than Fifty thousand pesos EPhP
.,,,,,!,,F but not e<ceeding *ne hundred thousand pesos EPhP +,,,,,,!,,F, and
reocation of license to operate!
EcF 'ny person, natural or =uridical, other than the foster parent or any agency,
iolating any proision of this 'ct and its &RR shall be penaliCed with i4prison4ent
of one E+F 4onth to si< E-F years, depending on the graity of the oLense or a fne
of not less than (en thousand pesos EPhp +,,,,,!,,F but not 4ore than *ne
hundred thousand pesos EPhP +,,,,,,!,,F, or both, at the discretion of the court!
EdF &f the oLender is a public o>cial, the court 4ay i4pose the additional penalty of
disJualifcation fro4 o>ce in addition to the penalties proided in the preceding
paragraph!
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S#C! 9-! Foster Care Co44ittee! 6 (he Regional Child Aelfare Specialist 0roup of
the 2SA2 shall sere as the Foster Care Co44ittee, which shall hae the following
functions5
EaF Reiew and deliberate issues aLecting the place4ent of a particular childI
EbF Ma7e reco44endations to resole any dispute between and a4ong the agency,
the parents, the foster parents and the childI
EcF Monitor the i4ple4entation, reiew, and reco44end changes in policies
concerning foster care and other 4atters related to the childDs welfareI
EdF Sub4it to the Secretary of the 2SA2 and to Congress an annual report of the
policies, progra4s and actiities relatie to the i4ple4entation of this 'ctI and
EeF Perfor4 such other functions and duties as 4ay be prescribed by the 2SA2!
S#C! 9M! 'ppropriation! 6 (he a4ount necessary to carry out the proisions of this
'ct shall be included in the 0eneral 'ppropriations 'ct of the year following its
enact4ent into law and thereafter! 'n initial a4ount of (wenty-fe 4illion pesos
EPhP 9.,,,,,,,,!,,F shall be allocated for the frst year of its operation! Such su4
shall be intended to support the foster care progra4s of the 2SA2 and agencies!
S#C! 9G! &4ple4enting Rules and Regulations! 6 (he 2SA2, as lead agency, the
2epart4ent of Justice E2*JF, the 2epart4ent of 1ealth E2*1F, the Bureau of &nternal
Reenue EB&RF, the Council on Aelfare of Children ECACF, the 2&%0 and other
concerned goern4ent agencies, in consultation with agencies are hereby
4andated to prepare and draft the &RR to operationaliCe the proisions of this 'ct
within E?F 4onths fro4 its eLectiity!
S#C! 9N! Suppletory Clause! 6 (he proisions of #<ecutie *rder )o! 9,N, otherwise
7nown as the Fa4ily Code of the Philippines and other applicable laws, shall hae
suppletory application to this 'ct!
S#C! ?,! Repealing Clause! 6 'ny law, presidential decree, issuance, e<ecutie
order, letter of instruction, ad4inistratie order, rule and regulation contrary to or
inconsistent with the proisions of this 'ct is hereby repealed, 4odifed or a4ended
accordingly!
S#C! ?+! Separability Clause! 6 &f any proision of this 'ct is held inalid or
unconstitutional, the other proisions not aLected hereby shall re4ain alid and
subsisting!
S#C! ?9! #Lectiity! 6 (his 'ct shall ta7e eLect ffteen E+.F days after its publication
in two E9F newspapers of general circulation or in the *>cial 0aCette!
'pproed,