AN ACT TO STRENGTHEN AND PROPAGATE FOSTER CARE AND TO PROVIDE FUNDS THEREFOR

Case Overview and Summary

Summary of the Foster Care Act of 2012

Declaration of Policy (Section 2)
- Provide alternative family for neglected, abused, surrendered, dependent, abandoned, or children with special needs
- Guarantee child rights under Child and Youth Welfare Code and UN Convention on the Rights of the Child
- Recognize foster care benefits over institutional care
- Systematize and enhance foster care program in the country
- Protect rights of biological child of foster family

Definitions (Section 3)
- Defines key terms like agency, child, child case study report, child with special needs, family, foster care, foster child, foster family care license, foster parent, foster placement authority, home study report, matching, parent, placement, relatives, social worker

Eligibility for Foster Care (Section 4)
- Children who may be placed under foster care:
    - Abandoned, surrendered, neglected, dependent or orphaned
    - Victim of abuse or exploitation
    - With special needs
    - Family unable or unwilling to provide adequate care
    - Awaiting adoptive placement
    - Needs long-term care but cannot be adopted
    - Adoption disrupted
    - Under socially difficult circumstances
    - Committed minor offense
    - Needs special protection

Qualifications for Foster Parents (Section 5)
- Legal age
- At least 16 years older than child (unless relative)
- Genuine interest, capacity and commitment in parenting
- Healthy and harmonious relationship with family members
- Good moral character
- Physically, mentally and emotionally capable
- Sufficient resources
- Willing to be trained
- Not exceeding maximum number of foster children
- Priority given to child's relatives
- Aliens residing in Philippines for at least 12 months may qualify

Parental Authority of Foster Parents (Section 6)
- Have rights, duties and liabilities of substitute parental authority under Family Code

Limitations on Parental Authority (Section 7)
- Cannot inflict corporal punishment on foster child

Recruitment and Development of Foster Parents (Section 8)
- DSWD to reach out to communities and LGUs, work with Local Council for Protection of Children

Home Study Report (Section 9)
- Social worker to conduct home study to determine suitability of applicant

Issuance of License (Section 10)
- DSWD to issue Foster Family Care License based on home study report
- License renewable every 3 years

Matching (Section 11)
- Matching of child and foster parent based on child case study and home study report
- Consider best interests of child

Placement (Section 12)
- Physical transfer of child allowed only after Foster Placement Authority issued

Supervision (Section 13)
- Social worker to conduct regular home visits, monitor adjustment
- Report incidents, injuries, runaways to agency and DSWD

Termination of Placement (Section 14)
- Grounds for termination:
    - Return to biological parents
    - Adoption
    - Death of child or foster parents
    - Expiration of placement authority
    - Prejudicial to child's welfare

Long-Term Foster Placement (Section 15)
- Foster parent may apply for long-term authority if child under care for at least 7 years
- Conditions:
    - Child's return to bio parents or adoption not imminent
    - Foster parent maintains qualifications
    - Child over 10 gives written consent
    - DSWD to reassess every 3 years
- Grants custody without adoption requirement
- Child enjoys rights under Child and Youth Welfare Code

Long-Term Foster Care Commitment (Section 16)
- If foster parent unilaterally terminates, must provide for child's needs based on living standards

Adoption of Foster Child (Section 17)
- Foster parent may adopt subject to conditions:
    - Meet qualifications under adoption laws
    - Trial custody may be waived if harmonious relationship
    - Follow adoption procedures

Role of LGUs (Section 18-20)
- Promote foster care system in their jurisdictions
- Provide funding, priority to lower income municipalities
- DSWD and DILG to provide training programs

Assistance and Incentives
- For Foster Child (Section 21):
    - Monthly subsidy from DSWD (PhP 25,000,000 initial funding)
    - Automatic PhilHealth beneficiary
- For Foster Parent (Section 22):
    - Support services like counseling, training, respite care
    - Additional PhP 25,000 tax exemption per dependent foster child
- For Agencies (Section 23):
    - Income tax exemption
    - Qualify as donee institution
- For Donors (Section 24):
    - Allowable deductions for donations
    - Exemption from donor's tax

Penalties (Section 25)
- For foster parents: Penalties under Anti-Child Abuse Law for neglect, abuse, etc.
- For agencies: Fines from PhP 25,000 to 100,000, license revocation
- For others: 1 month to 6 years imprisonment, PhP 10,000 to 100,000 fine
- Public officials may be disqualified

Foster Care Committee (Section 26)
- DSWD Regional Child Welfare Group to serve as committee
- Functions: review issues, resolve disputes, monitor implementation, recommend changes, submit annual report

Appropriations (Section 27)
- Amount to be included in annual General Appropriations Act
- Initial PhP 25,000,000 for first year

Implementing Rules (Section 28)
- DSWD as lead agency to draft IRR within 3 months, in consultation with other agencies

Suppletory Application (Section 29)
- Family Code and other laws have suppletory application

Repealing Clause (Section 30)
- Repeals inconsistent laws and issuances

Separability Clause (Section 31)

Effectivity (Section 32)
- Effective 15 days after publication in newspapers or Official Gazette