2020 Omnibus Guidelines on Domestic Adoption
The DSWD Memorandum Circular No. 13, Series of 2020 outlines the comprehensive guidelines for domestic adoption in the Philippines, emphasizing the state's commitment to protecting children's rights and welfare through professional adoption services. The circular amends previous guidelines to enhance the adoption process, ensure systematic child placement, and address challenges in the existing system. Key changes include reinstating the matching conference at the regional level, clarifying the roles of social workers, and emphasizing post-placement supervision to foster stable relationships between adopters and adoptees. The memorandum also underscores the importance of adhering to international conventions, such as the Hague Convention, and prioritizes the best interests of the child throughout the adoption process.
Quick Answers
- What is 2020 Omnibus Guidelines on Domestic Adoption about?
- The DSWD Memorandum Circular No. 13, Series of 2020 outlines the comprehensive guidelines for domestic adoption in the Philippines, emphasizing the state's commitment to protecting children's rights and welfare through professional adoption services. The circular amends previous guidelines to enhance the adoption process, ensure systematic child placement, and address challenges in the existing system. Key changes include reinstating the matching conference at the regional level, clarifying the roles of social workers, and emphasizing post-placement supervision to foster stable relationships between adopters and adoptees. The memorandum also underscores the importance of adhering to international conventions, such as the Hague Convention, and prioritizes the best interests of the child throughout the adoption process.
- What type of law is DSWD Memorandum Circular No. 13, s. 2020?
- 2020 Omnibus Guidelines on Domestic Adoption (DSWD Memorandum Circular No. 13, s. 2020) is a Philippine Other Rules and Procedures enacted by the Congress of the Philippines.
- When was 2020 Omnibus Guidelines on Domestic Adoption enacted?
- 2020 Omnibus Guidelines on Domestic Adoption (DSWD Memorandum Circular No. 13, s. 2020) was enacted on May 7, 2020.
- What is the citation for 2020 Omnibus Guidelines on Domestic Adoption?
- 2020 Omnibus Guidelines on Domestic Adoption, DSWD Memorandum Circular No. 13, s. 2020, May 7, 2020 (Philippines)
Law Information
- Reference Number
- DSWD Memorandum Circular No. 13, s. 2020
- Date Enacted
- Category
- Other Rules and Procedures
- Subcategory
- Department of Social Welfare and Development
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
May 7, 2020
DSWD MEMORANDUM CIRCULAR NO. 13, S. 2020
| SUBJECT | : | 2020 Omnibus Guidelines on Domestic Adoption |
I. RATIONALE
Adoption, in its context is a professional service to protect the child's rights and welfare. It is a social work intervention to ensure that family life can be restored to a child deprived of his/her biological family.
The State through the Department of Social Welfare and Development is the competent authority to implement the Adaption program. Related guidelines and policies are in place that ensures systematic and effective implementation of child placement thru adoption. Amendments to existing guidelines and policies is being done as necessary, in consultation with concerned agencies/offices, to address the issues and gaps in the implementation of the program.
There had been several efforts initiated by the Department to review the adoption process towards policy enhancement to fast track the placement of children legally available for adoption. This includes the amendment of the current guidelines, Memorandum Circular No. 7, series of 2015 to address the identified challenges in the implementation of adoption services.
Memorandum Circular No. 07, Series of 2015 or Amended Administrative Order No. 11, Series of 2009, entitled Omnibus Guidelines on the Domestic Adoption Process was issued to provide guidance in executing the amended policies and procedures in domestic adoption. One of the significant changes is the return of the matching conference to the Field Office of the Department. However, the Guidelines do not provide for the conduct of interregional matching for domestic adoption. The child is cleared immediately for inter-country adoption (ICA) if not matched at the regional level, which denotes that not all efforts are done to match the child to a Filipino couple. This is not compliant to the Subsidiarity Principle of the Hague Convention of 1993.
Further, post-placement supervisory period prior to the issuance of Consent to Adoption by the Department was not indicated, which is a key to prevention of adoption disruption, as it determines the adjustment and emotional readiness of both adopter/s and adoptee in stabilizing their filial relationship. CAIHTE
Citing the above rationale, MC 7, series of 2015 is hereby amended.
II. LEGAL BASIS
The State values the dignity of every person and guarantees respect for the individual rights including that of children. Towards this end, it shall give highest priority and importance to the enactment of measures that will ensure the rights and welfare of children for their full and healthy development and well-being. (Article 2, Sec. 11, 1987 Philippine Constitution)
The State also recognizes the rights of children, as enshrined and guaranteed in the following international instruments, national laws and regulations:
A. International Instruments
1. United Nations Convention on the Rights of the Child, adopted by the UN General Assembly on November 20, 1989 and ratified by the Philippine Government on July 26, 1990, n which took effect on September 2, 1990;
2. United Nations Declaration on Social and Legal Principles Relating to the Protection and Welfare of Children with Special Reference to Foster Placement and Adoption nationally and internationally, adopted by the UN General Assembly on December 3, 1936;
3. The Hague Convention on the Protection of Children and Cooperation in respect of Inter-Country Adoption.
B. National Policies
1. Republic Act No. 8552 or The Domestic Adoption Act of 1998 and its Implementing Rules and Regulations;
2. Supreme Court En Banc Resolution on the Proposed Rule on Adoption (July 31, 2002); DETACa
3. Republic Act No. 9523 or "An Act Requiring the Certification of the DSWD to Declare a Child Legally Available for Adoption";
4. Republic Act No. 8043 or The Inter-Country Adoption of 1995 and its Implementing Rules and Regulations;
5. Republic Act No. 10165 of 2012 or "An Act to Strengthen and Propagate Foster Care and to provide funds therefore";
6. Republic Act No. 10364 or An act expanding Republic Act No. 9203 entitled "An act to institute policies to eliminate trafficking in persons especially women and children";
7. RA No. 7610 or "An act to providing for stronger deterrence and special protection against child abuse, exploitation and discrimination, and for other purposes";
8. Presidential Decree No. 603 or "Child and Youth Welfare Code."
C. Other Related Issuances
1. Department Administrative Order No. 18, series of 2005 entitled, "Turn-Around Period of Local and Inter-Country Adoption";
2. Department Administrative Order No. 1, series of 2010 entitled, "Amended Standards for Community-based Services";
3. Administrative Order No. 23, series of 2004, or the Guidelines on Post Adoption Services;
4. Administrative Order No. 12, series of 2011 entitled, Guidelines on the Issuance of DSWD Certification Declaring a Child Legally Available for Adoption.
III. OBJECTIVES
General:
Ensure immediate permanent placement of a child who is legally available for adoption.
Specific:
1. Improve the quality of the management of cases of children and prospective adoptive parents.
2. Facilitate the exhaustion of local placement through matching of legally available children for adoption to approved prospective adoptive parents.
3. Enhance the Department's monitoring system and the placement of children nationwide.
4. Institutionalize the prescribed timeline for clearing children available for intercountry adoption.
5. Systematize the assessment and placement of children that are already in the care of unrelated person/s prior to application for adoption.
6. Define the roles and functions of the child welfare specialist group to serve as matching committee. aDSIHc
IV. DEFINITION OF TERMS
1. Abandoned Child — refers to a child who has no proper parental care or guardianship, or whose parent/s have deserted him/her for a period of at least three (3) continuous months, which includes foundling (IRR of RA 8552).
2. Certificate of Consent to Adoption (CA) — refers to a document issued by the Department that gives consent for the adoption of a child by his/her prospective adoptive parents. (See Annex E).
3. Certification Declaring a Child Legally Available for Adoption (CDCLAA) — refers to a document signed by the DSWD Secretary or his/her duly authorized representative, administratively declaring that the child is legally available for adoption, which is a pre-requisite to local and intercountry adoption. (See Annex A)
4. Certificate of Matching (COM) — refers to written document issued by DSWD certifying that the child/ren was/were matched to PAPs during the matching conference. (See Annex C).
5. Child — refers to a person below eighteen (18) years of age or over but unable to fully take care of him/herself or protect him/herself from abuse, neglect, cruelty, exploitation or discrimination because of physical or mental disability or condition. ATICcS
6. Child Legally Available for Adoption — refers to a child in whose favor a certification was issued by the Department that he/she is legally available for adoption after the fact of abandonment or neglect has been proven through the submission of pertinent documents, or one who has voluntarily committed by his/her parent/s or legal guardian.
7. Child Caring Agency (CCA) — refers to a duly licensed and accredited agency by the Department that provides 24-hour residential care services for abandoned, orphaned, neglected or voluntarily committed children (RA 8552).
8. Child-Placing Agency (CPA) — refers to a duly licensed and accredited agency by the Department to provide comprehensive child welfare services including but not limited to, receiving applications for adoption, evaluating the prospective adoptive parents, preparing the adoption home study (RA 8552).
9. Adoption Resource and Referral Division (ARRD) — refers to the office at Department's Central Office that is the over all in-charge of managing the adoption process including monitoring of cases and provision of technical assistance to Adoption Resource and Referral Section (ARRS) and other service providers on the adoption program. It shall be manned by adoption experts.
10. Adoption Resource and Referral Section (ARRS) — refers to a unit in the DSWD Field Office that is in-charge or managing the adoption process and cases in the region. it shall be composed of licensed social workers trained on adoption and shall develop and manage cases of prospective adoptive parents.
11. Child Study Report (CSR) — refers to a written report on the assessment and findings by a social worker as to the psychosocial, socio-cultural and economic condition, past and current functioning and facts of abandonment, neglect of the child or termination of parental authority over the child. The report shall also state the efforts of social worker in locating the child's biological parents/relatives and the interventions in the helping relationship and his/her recommendation/s on the placement of the child and other intervention/services.
12. Court — refers to a family court, or in places where there are no family courts, any regional trial court that hears and decide the petition for adoption of children.
13. Deed of Voluntary Commitment (DVC) — refers to the written and notarized instrument relinquishing parental authority and committing the child to the care and custody of the Department executed by the child's biological parent/s or by the child's legal guardian in their absence, mental incapacity or death, to be signed in the presence of a licensed social worker of the Department, LGU or Child-Caring Agencies after counseling and other services have been made available to encourage the child's biological parent/s to keep the child (IRR of RA 8552). (See Annex B)
14. Disruption of Pre-Adoptive Placement — occurs when adoption placement is not completed or discontinued due to problems either or both on the part of the child and/or adoptive family. During this time, the issued Pre-Adoption Placement Authority (PAPA) and Certificate of Consent to Adoption (CA) may be suspended, cancelled or terminated by the Department based on the thorough assessment, findings and recommendation of the handling social worker. TIADCc
15. DSWD — refers to the Department of Social Welfare and Development.
16. Domestic/Local Adoption — refers to the socio-legal process of placing a Filipino child who is legally free for adoption permanently to an eligible parent/s based on the requirements stipulated in RA 8552 or the Domestic Adoption Act of 1998 of the Philippines.
17. Field Office — refers to the Regional Office of the Department.
18. Final Post-Placement Supervision Report — refers to the final report of a social worker, indicating that the post-placement supervisory period is satisfactory, thus recommending for the finalization of the adoption.
19. Foundling — refers to a child whose facts of birth are unknown.
20. Home Study Report (HSR) — refers a to written report prepared by a social worker citing facts on the situation and family background of prospective adoptive parents (PAPs) such as psychosocial, socio-cultural and economic condition/s, cognitive, psychological, medical information. The report also emphasizes the motivation and capacity of the PAPs to provide a home that meets the needs of the child (IRR of RA 8552).
21. ICAB — refers to the Intercountry Adoption Board.
22. Independent Placement — an act when the biological parent/s make a direct placement of the child either to a non-relative or a relative beyond the 4th degree of consanguinity or affinity with whom they relinquish their child for adoption.
23. Intercountry Adoption — refers to the socio-legal process of adopting a Filipino child by a foreigner or a Filipino citizen permanently residing abroad where the petition is filed, the supervised trial custody is undertaken, and the decree of adoption is issued outside the Philippines (RA 8043).
24. Intercountry Adoption (ICA)Clearance — refers to written document issued by the Department certifying that efforts for domestic adoption have been exhausted and therefore clearing or endorsing the case of the child to Intercountry Adoption Board (ICAB) for intercountry adoption placement in accordance with Sections 7 and 11 of the Intercountry Adoption Law of 1995. (See Annexes H.1-H.2).
25. Involuntarily Committed Child — refers to a child whose parent/s, known or unknown, have been permanently and judicially deprived of parental authority over him/her due to abandonment; substantial, continuous or repeated neglect and/or abuse; or incompetence to discharge parental responsibilities (RA 8552). AIDSTE
26. Managing Social Worker — A licensed social worker from government or non-government agency that handles the case management of a child for adoption or of a prospective adoptive parent.
27. Matching — refers to the judicious selection of a family for a child based on the child's needs and in his/her best interest as well as the capability and commitment of the adoptive parents to provide such needs and promote a mutually satisfying parent-child relationship (IRR of RA 8552).
28. National Child Welfare Specialist Group (NCWSG) — refers to the Matching Committee organized by the DSWD-Central Office that carry out the interregional matching of child/ren not matched in the regional level to prospective adoptive parent/s approved by the DSWD-Field Offices (IRR of RA 8552).
29. Neglected Child — refers to a child whose basic needs have been deliberately unattended to or inadequately attended to, physically or emotionally, by his parents or guardian within a period of three (3) consecutive months. Neglect may occur in two ways:
(a) There is physical neglect when the child is malnourished, ill-clad and without proper shelter. A child is unattended when left by him/herself without proper provisions and/or without proper supervision. SDAaTC
(b) There is emotional neglect when the child is maltreated, raped, seduced, exploited, overworked, or made to work under conditions not conducive to good health; or is made to beg in the streets or public places; or when children are in moral danger, or exposed to gambling, prostitution and other vices.
30. Post-Placement Supervision Report — refers to a document prepared by a social worker after the physical transfer of the child to the adoptive parents, where monthly home visits are conducted to monitor the adjustment of both the child and PAPs.
31. Pre-Adoption Placement Authority (PAPA) — refers to a document issued by the Department authorizing or confirming the placement of a child to his/her prospective adoptive parents. (See Annex D)
32. Prospective Adoptive Parent/s (PAPs) — refers to a person/couple who have filed an application for adoption or whose application for adoption has been approved (IRR of RA 8552).
33. Post-Adoption Services — refers to psycho-social and support services provided to the adoptee, adoptive parents and birth parents by trained social workers of the Department, the social services units of local government, family courts, accredited child-caring/placing agency and such other individuals or entities involved in adoption as may be authorized by the Department, after the issuance of the Decree of Adoption. This includes post-adoption counselling, establishment of adoption support group, provision of intermediary services and Heritage Tour/Camp (IRR of RA 8552).
34. Regional Adoption Clearance — refers to written document issued by DSWD Field Office certifying that the child/ren/PAPS was not matched during the regional matching conference and therefore endorsing the case to the Central Office for interregional matching/issuance of intercountry adoption clearance. (See Annexes F.1-F.4).
35. Regional Child Welfare Specialist Group (RCWSG) — refers to the "matching" committee organized by the DSWD Field Office that carry out the regional matching of children legally available for adoption and approved prospective adoptive parents.
36. Regional Director — refers to the Head of the Field Office of DSWD.
37. Relative Adoption — refers to the adoption of a child by a relative within 4th degree of consanguinity or affinity, on which petition for adoption is directly filed in Family Courts/Regional Trial Courts. acEHCD
38. Residential Care Facility (RCF) — refers to a government-owned facility, which provides 24-hour residential group care to children on a temporary basis whose needs cannot at the time, be adequately met by their biological parents and other alternative family care arrangements. It is an approximation of family life to children under the guidance of staff especially trained for the purpose.
39. Secretary — refers to the Secretary of the Department of Social Welfare and Development or his/her duly authorized representative.
40. Post-Placement Supervision Period — refers to the period of adjustment within the first three months after the placement of a child in the adoptive home whereby a social worker helps the adoptive family and the child in the adjustment process to facilitate the legal union through adoption.
41. Voluntarily Committed or Surrendered Child — refers to a child whose parent/s or legal guardian knowingly and willingly relinquished parental authority to the DSWD or any duly accredited child-placement or child-caring agency or facility. This refers to a child who has been surrendered in writing by his/her parent/s or guardian through a notarized Deed of Voluntary Commitment (IRR of RA 8552).
V. GUIDING PRINCIPLES
• UN-CRC Article 3 (Best interests of the child):The best interests of children must be the primary concern in making decisions that may affect them. All adults should do what is best for children. When adults make decisions, they should think about how their decisions will affect children. This particularly applies to budget, policy and law makers.
• UN-CRC Article 21 (Adoption):Children have the right to care and protection if they are adopted or in foster care. The first concern must be what is best for them. The same rules should apply whether they are adopted in the country where they were born, or if they are taken to live in another country.
VI. GENERAL POLICIES
1. The biological parent/s shall be safeguarded from hurried decisions by providing them thorough counseling and other services, focusing on their strengths as parent/s with emphasis that poverty should not be the sole reason for giving up their child for adoption.
2. Exhaust all efforts to prevent the child from unnecessary separation from his/her biological parent(s).
3. Sibling children for adoption should not be separated from each other and should be adopted by one family.
4. Any child placed to unrelated person/s should be reported immediately to the DSWD or nearest Local Social Welfare Office for appropriate action. The managing social worker shall assess whether the stay of the child with the current custodian/s is for his/her best interest. Qualified custodian/s will be assisted towards legalizing the adoption. SDHTEC
5. Licensed foster parents may adopt the foster child/ren under their care under extreme condition or with a strong justification for the child's best interest, provided that they are qualified to adopt and that the child they want to adopt is legally available for adoption and not yet matched with an approved adoptive parent, either domestic or intercountry; provided also that the adoption shall still be governed by RA 8552. Foster care should not be used as prelude or to pre-identify a child for adoption.
6. Preparation of Child/Home Study Report should be based on the actual visit and interview of the managing social worker to which he/she is accountable for such assessment.
7. The regional matching conference, which is at least twice a month shall be instituted at the regional level by the DSWD Field Office. The interregional matching conference shall be conducted at the Central Office at least once a month but not to exceed four (4) meetings a month. HSAcaE
8. Children with special needs such as, but not limited to: (a) with medical needs like cerebral palsy, heart or kidney ailments, blindness, Attention-Deficit Hyperactivity Disorder (ADHD) or affected by Human Immunodeficiency Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS);(b) Mentally challenged and/or with mental/developmental delay/history; (c) With disabilities; (d) Born out of incestuous relations/rape/victim of rape; (e) Sibling group; and (f) Older child beyond 3 years old and up shall be immediately cleared for intercountry adoption, if not matched during the first presentation at the regional and interregional matching level.
9. If there are no available approved adoptive applicants at the time of the scheduled matching, the case of the child whose circumstances not covered by number 8 of this General Policy shall still be reviewed by the R/NCWSG who will recommend whether or not Regional Adoption Clearance/Intercountry Adoption Clearance shall be issued. However, children below three years old shall not be cleared immediately for intercountry adoption under the principle of exhaustion of local adoptive families.
10. Religion or "religious affiliation" should not be a requirement for the selection/matching of a child to an adoptive family except for cases of children 6 years old and above (UN-CRC Child 21: Child's Right to Participation).
11. Application to adopt another child is not allowed when previous placement of a child with the adoptive parent has not yet been finalized.
12. The managing social worker can only consider the case closed once the Adoption Decree, Certificate of Finality and Amended Birth Certificate are issued.
13. Post-Adoption and other Support Services, which shall include counseling, shall be made available by the social workers of the Department, social services unit of the local government, child placing/caring agencies to the adoptee, adopter and the biological parents.
14. A central depository of original documents and databank of children legally available for adoption and placed-out for domestic adoption shall be maintained and updated by the Department's Central Office for record keeping, monitoring and other purposes. Each Field Office of the Department is expected to maintain its own certified true copy of documents of the child and PAPs for reference and legal purposes. All agencies concerned in the implementation of the domestic adoption law shall maintain, preserve and protect the documentation of children for adoption and adopted children.
15. A licensed social worker shall be designated to solely handle adoption and other alternative parental care program on a full-time basis, both in the Field Office and in the Central Office.
16. A person of legal age could be adopted legally by his/her known parents, provided that he/she has been consistently considered and treated by them as his/her/their own child since minority. A petition for adoption shall be filed directly in court thru a legal counsel. HESIcT
VII. IMPLEMENTING PROCEDURES
The following procedures shall be undertaken for the implementation of this guideline based on the turn-around period of case management towards placement of the child to prospective adoptive parents.
A. Child Case Management by DSWD Residential Care Facility/Child-Caring/Placing Agency and Provincial/City/Municipal Social Welfare and Development Office (P/C/MSWDO)
Within the first 4 months upon receipt of the case of the child
1. Upon the receipt and acceptance of the case of the child for management, the managing social worker shall gather all information and assess the case whether or not the child is for permanent placement through adoption.
i. Conduct collateral interviews and validation and if it was assessed that the child has no birth record, facilitate the child's birth registration at the local civil registrar, covering the locality where the child was found/born;
a. For cases of children with simulated birth record but not qualified to avail RA 11222, facilitate/assist in the filing of the cancellation of simulated birth record of the child in the local court and register the child's birth according to his/her true identity.
b. For the case of a child with Foundling Certificate but has an existing birth certificate, facilitate/assist in the filing of the cancellation of Foundling Certificate of the child in the local court.
c. In case the child was born outside the city or municipality where he/she was found, an Out-of-Town Reporting of Birth shall be facilitated by the managing social worker to the nearby Civil Registrar, which will forward the Certificate of Live Birth to the city or municipality where the child's birth occurred for registration.
d. In case the child was born outside the Philippines, the managing social worker shall submit to the Department of Foreign Affairs (DFA) the child's travel documents to facilitate issuance of the child's Report of Birth (ROB) from the Philippine Embassy (PE)/Philippine Consulate General (PCG) in the country where the child came from. The PE/PCG shall facilitate issuance of ROB and transmits the same to the DFA once available. The DFA shall then forward the ROB to the Philippine Statistics Authority (PSA) for issuance of said document in Security Paper (SECPA).The managing social worker shall obtain the authenticated copy of the child's ROB from the PSA once available. TAIaHE
ii. If assessed not for adoption, provide appropriate assistance or intervention based on the child's needs, such as reunification to birth parents or relatives, or if found necessary, removal of the child from the current custodian, among others;
iii. If for adoption, facilitate the submission of requirements for petition or application for issuance of a Certification Declaring the Child Legally Available for Adoption (CDCLAA).
The case management shall be guided by the existing Guidelines on the Issuance of DSWD Certification Declaring a Child Legally Available for Adoption.
Within 5th to 6th month
2. Within fifteen (15) working days from the receipt of CDCLAA, the managing social worker shall submit to the DSWD Field Office, an updated (prepared not later than 3 months prior to submission to Field Office) Child Study Report (CSR) with recommendation for permanent placement of the child through adoption together with the following documents:
a. SECPA copy of Birth Certificate or Foundling Certificate;
b. Notarized Deed of Voluntary Commitment;
c. Written consent of the child if at least ten (10) years old, signed in the presence of the social worker of the Department LGU or child caring/placing agency as witness after proper counseling as prescribed in Section III of the IRR of the Domestic Adoption Law;
d. Death Certificate of biological parents, as appropriate;
e. DSWD Certification declaring the child as legally available for adoption (CDCLAA);
f. Medical Certificate/Health Profile of the child;
g. Psychological evaluation, when appropriate;
h. Recent Picture of the child (taken at least within 3 months upon submission of dossier to DSWD).
For cases needing registration of Foundling Certificate in the Local Civil Registrar, this shall be facilitated within 30 days upon receipt of the DSWD CDCLAA (in consideration of the process that must be completed by the agency issuing the Foundling Certificate) and thereafter, secure a SECPA copy from the Philippine Statistics Authority. cDHAES
The dossier for local matching shall be submitted to the Field Office within 30 working days from the receipt of Foundling Certificate in Security Paper.
Two sets of these complete documents (1 set of original and 1 set of photocopies) of the child shall be submitted to ARRS.
Any comment on the Case Study Report or required documents shall be communicated by the Department to the concerned agency within three (3) days after the receipt of the dossier and shall be complied within fifteen (15) days from receipt of the memorandum or letter from the Department. In case the required documents will not be available within the prescribed period of submission, a status report on the action taken by the agency shall be submitted to the Department.
3. The social worker managing the case shall be invited officially to the local matching conference through their agency. He/she shall attend and present the case he/she handles in the matching conference. If the managing social worker would not be available to present the case, his/her immediate supervisor or any representative who has the knowledge on the case/s shall be authorized by the head of the Agency to present the case in the matching conference. TCAScE
4. Once the matching of a child to the PAP is approved by the Department through a Certificate of Matching, the managing social worker of the child and of the adoptive family shall prepare them both emotionally and psychologically before the actual placement. The preparation for the child's placement shall be consistent with the child's age, understanding and emotional maturity. An older child shall be helped to understand why he/she is being placed, where he/she will be going and what adoption means (refer to the Domestic Adoption Manual for the step-by-step procedure on child's pre-placement preparation).
5. A Pre-Adoptive Placement Authority (PAPA) shall be issued once the Department receives the written acceptance letter of the PAP/s.
6. In case the Head of the residential care facility or of a social welfare and development agency/CCA opposes or objects to the proposed placement of the child to the PAPs as recommended by the matching committee, he/she shall submit to the Department a written explanation for the opposition or objection within two (2) days after receipt of notice on the result of matching conference. The Department and the R/NCWSG shall evaluate such explanation and determine whether such is acceptable and shall communicate its decision to the opposing party.
7. The physical transfer of the child shall take place within ten (10) days from the receipt of the PAPA duly conformed by the PAPs. The schedule of the actual transfer of the child to the PAPs shall be agreed upon by the concerned parties.
Before the actual schedule of transfer of the child to the PAPs, the managing social worker should advise the PAP's to have at least two consecutive visits or 2 days stay in the residential care facility/CCA with the child matched to them to establish familiarity, bonding and rapport.
Within 7th to 15th month
8. Upon placement of the child to the PAPs, the managing social worker of the PAPs shall conduct the necessary monthly monitoring to assist the adoptive family and the child in their emotional adjustment and readiness for the adoption. A documentation report on the post-placement supervisory period shall be prepared by the managing social worker after every visit for submission to the Department. After a thorough assessment of satisfactory adjustment where bonding and rapport has taken place between the child and PAPs, a final supervisory report and recommendation for issuance of a Certificate of Consent to Adoption (CA) shall be prepared by the social worker for approval of the Department.
The managing social worker is responsible in monitoring the placement on a monthly basis. The post-placement supervisory period may be shortened, lengthened or waived as the case may be and a petition for adoption may be filed immediately as recommended by the managing social worker. cTDaEH
9. Within 30 days upon receipt of the CA, the PAPs shall immediately cause the filing of the Petition for Adoption in the court with jurisdiction of their residence with the assistance of the PAPs' social worker.
10. As so required by the court, the managing social worker of the PAPs shall attend to court hearings and ensure the Issuance of Adoption Decree and Certificate of Finality and the subsequent filing of an Amended Birth Certificate, of which copy shall also be duly secured and must be filed to complete the documents prior to closure of the case. Further, child's managing social worker shall ensure coordination with the PAPs' managing social worker for a copy of Adoption Decree, Certificate of Finality and Amended Birth Certificate to form part of the child's case folder for the closure of the case. Likewise, the Department shall be provided with copies of said documents for case monitoring purposes.
Turn-Around Period of Case Management towards permanent placement of the child:
Below is the matrix showing the turn-around period of case management as far as the child is concerned until he/she has been permanently placed with PAPs.
B. Development and Management of Case of Adoptive Parents by ARRS of DSWD Field Office and Child-Placing Agencies
The social worker of ARRS/CBSU-DSWD-Field Office or Child Placing Agency shall conduct the following: ITAaHc
Within the first two months upon receipt of the case of the PAPs
1. Convene/conduct pre-adoption seminar/forum for adoptive applicants and issue a certificate of Attendance to participants within the day. PAPs that are outside the jurisdiction of the FO can attend the adoption forum. The social worker shall advise the participants that such Certificate shall be attached to their application for adoption and Petition for adoption in court later on.
2. Upon the receipt and acceptance of the case of the PAPs for management, managing social worker shall gather information on the PAPs and assess their motivation to adopt (a) child/ren.
3. Facilitate the accomplishment of the application form (see Annex L) and advise the applicant to submit the following requirements to the FO:
3.1. Birth Certificate of the prospective adoptive parent/s in security paper (SECPA) issued by the Philippine Statistics Authority (PSA);
3.2. Marriage Certificate in SECPA form, if married or in case of termination of marriage, Authenticated Divorce papers with copy of court decision and Certificate of Finality by their Consulate if foreign applicant; Annulment Decree with Certificate of Finality, Declaration of Nullity, or Legal Separation Documents for Filipino applicant;
3.3. Written Consent to the Adoption by the legitimate and adopted sons/daughters and illegitimate sons/daughters if living with the applicant, who are at least 10 years old;
3.4. Physical and Medical Evaluation/Certification by a duly licensed physician. Certification should: (a) indicate that the applicant has no medical condition that prevents him/her in acting or assuming parental responsibilities; (b) taken at least six months from the time of preparation of the Home Study Report;
3.5. Psychological Evaluation Report (when appropriate, as assessed by the social worker);
3.6. NBI or Police Clearance issued at least one year before the preparation of the Home Study Report;
3.7. Latest Income Tax Return (ITR) or any other documents showing financial capability, e.g.,Certificate of Employment, Bank Certificate or Statement of Assets and Liabilities; CHTAIc
3.8. Three (3) letters of Character References (e.g.,the local church/Minister, the employer and a non-relative member of the immediate community who have known the applicant(s) for at least 3 years);
3.9. 3x5 inch-sized photos of the applicants and his/her immediate family members, taken within the last three (3) months from the date of submission of application; and
Other documents may be required by the R/NCWSG as deemed necessary based on their assessment and recommendation (e.g.,Affidavit of Temporary Custody, among others).
Additional Requirements for Foreign Nationals
3.10. Certification that the applicant(s) have legal capacity to adopt in his/her country and that his/her country has a policy or is a signatory of an international agreement, which allows a child adopted in the Philippines by its national to enter his/her country and permanently reside therein as his/her legitimate child, which may be issued by his/her country's diplomatic or consular office or central authority on inter-country adoption or any government agency that has jurisdiction over the child and family matters.
In the absence of any of the foregoing, the applicant may submit a Certification issued by the Intercountry Adoption Board (ICAB),stating that the Philippines and the applicants' country have an existing agreement on inter-country adoption whereby a child who has been adopted in the Philippines or has a pre-adoption placement approved by the Board is allowed to enter and remain as permanent resident in the applicants' country as his/her legitimate child.
For countries that have neither signed nor adhered to the 1993 Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption, the Department may accept an alternative based on its assessment, any document issued by the embassy notifying the Department on the legal capacity to adopt of the PAPs in the Philippines and/or the child's possible entry to the PAPs' country of origin.
3.11. Certificate of Residence in the Philippines issued by the Bureau of Immigration or Department of Foreign Affairs, as appropriate.
3.12. Two (2) character references from non-relatives who knew the applicant(s) in the country of which he/she is a citizen or was a resident prior to residing in the Philippines, except for those who have resided in the Philippines for more than fifteen (15) years. EATCcI
3.13. Police Clearance from all places of residence in the past years prior to residing in the Philippines.
4. Conduct personal interview and counselling with the adoptive applicant/s' family members and significant others. Inform PAPs that their child preferences as to sex will be considered, however, as to age of the child, only age bracket can be considered, (e.g.,0.6 months-2 years old, 2 and a half years old, more than 3 years old, among others) however, subject to deliberation by the matching committee.
5. Prepare a Home Study Report based on all information gathered within a month from the date of filing of application for adoption of the PAPs, along with complete set of requirements.
6. FOR INDEPENDENT PLACEMENT CASES:
Adoptive applicant that has not yet filed their petition in a family court shall be assessed by the managing social worker in terms of PAPs' and child's eligibility for adoption. Their circumstances shall also be assessed in terms of fulfilling the rights and needs of the child while under their care. In case of unfavorable findings, the child shall be removed immediately from the family. If favorable, the managing social worker shall assist the PAPs and manage the case from presentation to local matching conference to finalization of the petition for adoption in court.
For cases referred by the Family Court to DSWD either for issuance of CDCLAA and/or CA, conduct an assessment of the case and recommend for the issuance or non-issuance of the said document/s.
A certified true copy of the documents submitted by the PAPs to the court may be accepted by the ARRS on cases when the petition has been filed in court prior to the Department's engagement.
Within 3rd to 4th month
7. Submit two (2) sets of complete documents (1 set of original and 1 set of photocopies) of the PAPs to the ARRS for review for matching conference.
Any comment on the Case Study Report or required documents shall be communicated by the Department to the concerned social worker through the agency within three (3) days after the receipt of the dossier. The same shall be complied by the case manager within fifteen (15) days from receipt of the memorandum or letter from the Department. In case the required documents will not be available within the prescribed period of submission, a status report on the action taken by the case manager shall be submitted to the Department.
8. The managing social worker shall attend and present the case in the matching conference. If he/she would not be available to present the case, the immediate supervisor or any representative who has the knowledge on the case/s shall be authorized by the Head of Agency to present the case in the matching conference.
9. Inform the PAPs on the result of the matching, a day after the matching conference. For regular adoption cases, advise the PAPs to prepare an Acceptance Letter if they accepted the child matched to them. The social worker shall endorse the Acceptance Letter of the PAPs to ARRS as basis for issuance of PAPA. The PAPA shall be issued by the Field Office Director or his/her authorized representative within two (2) days from the receipt of the acceptance letter from the PAPs. DHITCc
In case the PAPs decline the proposed placement of the child, require the PAPs to submit to the Department a written explanation citing the reason/s for non-acceptance within two (2) days after receipt of notice on the result of matching. The reason/s of the PAPs will be evaluated by the Department and shall communicate its decision to the PAP/s through the Field Office.
Prospective adoptive parent/s (PAPs) or any party who choose not to accept the child/ren matched to them for a valid reason will still be considered. For any party who have refused twice, their presentation will be indefinitely put on hold pending reassessment of their case.
10. Secretariat to coordinate with the PAPs and the managing social worker of the child on the schedule of child's entrustment to the PAPs once the matching of a child to the PAP is approved by the Department through a Certificate of Matching and issuance of PAPA. The physical transfer of the child from the DSWD residential facilities/CCAs/CPAs shall take place within ten (10) working days upon receipt of the approved PAPA.
Within 5th to 15th month
11. Same procedure on page 11, nos. 8-11 shall apply.
12. File a manifestation in court, in case of disruption of the child's adoption placement or in case of unsatisfactory findings of the DSWD/CPA social worker and recommend appropriate action for the best interest and welfare of the child.
Turn-Around Period of Case Management towards completion of the adoption of PAPs:
Below is the matrix showing the turn-around period of case management as far as the PAPs are concerned until the adoption process is completed.
C. Procedure for Matching and Issuance of Intercountry Adoption Clearance
1. Regional Matching
Upon receipt of the child and PAPs' dossiers by the Field Office, the ARRS social workers who act as Secretariat to the matching conference shall conduct the following: cEaSHC
1.1 Review case/home study reports and other documentary requirements and make assessment and recommendation on the case within two (2) days upon receipt of the child and PAPs dossier.
Inform the concerned residential care facility/CCA/CPA on the comments through an official letter or memorandum within three (3) days from the receipt of the dossier, in case of discrepancies/inconsistencies of information in the Child/Home Study Report or any of the requirements. Submission of the requested/required documents by the social worker shall be within fifteen (15) days from receipt of the memorandum or letter from the Department. In case the required documents will not be available within the prescribed period of submission, a status report on the action taken shall be submitted by the agency/facility to the Regional Director.
Dossier of child/ren and PAPs received by the FO beyond 7 working days prior to the scheduled matching conference shall be tabled in the next scheduled matching.
1.2 Recommend the presentation of a child/ren to the matching committee to exhaust regional placement.
1.2.a. Dossiers of children and PAPs not matched at the regional level after second presentation shall be endorsed to the Central Office within three (3) days from the date of the matching conference for review and as recommended for interregional matching.
1.2.b. Children below three years old may be presented more than twice in the regional matching to exhaust local placement. IAETDc
1.2.c. Endorse immediately the dossiers of children, cited in this guideline under General Policy No. 8, to the Central Office if not matched during the first presentation.
1.3 Prepare roster of children and PAPs available for regional matching conference, if the Child/Home Study Report and documentary requirements are sufficient in form and in substance five (5) days before the matching conference.
1.4 Inform and invite the managing social worker through an official letter or memorandum to the Head of Agency/Office at least three (3) days prior to the schedule of the matching conference for her/his presence and for the presentation of the case/s in the matching conference.
1.5 Inform/invite the members of RCWSG to the matching conference at least three (3) days before the matching conference. If the principal RCWSG member would not be available, identify an alternate member to avoid delay or postponement of the matching conference. Ensure a quorum of the RCWSG members (three members out of five),together with an ARRS staff as the secretariat, to proceed with the matching conference.
1.6 Provide the RCWSG members advance copies of dossiers of children/PAPs for their review at least five (5) working days before the matching schedule.
1.7 Conduct the regional matching conference at least twice a month, but not exceeding four times a month.
1.8 The FO shall provide the Central Office through electronic mail the result of the regional matching conference two (2) days after the said regional conference, including the names of the children and PAPs that were matched for monitoring purposes.
1.9 Facilitate the signing of Certificate of Matching for children matched by the RCSWG members immediately after the matching conference and endorse the same to the Regional Director or his/her duly authorized representative for his/her approval.
The result of the matching shall only be final upon approval of the Regional Director. DcHSEa
For cases of children not matched, a Regional Clearance for interregional matching together with the child's dossier shall be transmitted to the Central Office immediately upon approval of the Regional Clearance by the Regional Director.
1.10 All relative intercountry adoption cases shall not be presented in the regional matching conference and shall be issued with Regional Clearance based on a favorable assessment and recommendation by the social worker managing the case.
1.11 Facilitate the approval of the PAPA by the Regional Director or his/her duly authorized representative within the day from the receipt of the Acceptance Letter from the PAPs and endorse to DSWD residential facilities/CCA/CPAs concerned.
If any party declines/opposes the proposed placement of the child to the PAPs as recommended by the RCWSG, the secretariat shall inform the managing social worker of the PAPs to submit a written explanation within two (2) days after receipt of notice on the result of matching from the managing social worker. Acceptability on the reason/s of any party shall be based on the evaluation of the Regional Director or his/her duly authorized representative.
1.12 Facilitate the issuance of Certificate of Consent to Adoption approved/signed by the FO Regional Director. The Final Post-Placement Supervisory Report shall be attached to the said document, which will be submitted to the court for the finalization of the adoption.
1.13 There are cases filed in court where the Judge ordered the PAPs to present the original copies of adoption documents they submitted to the Department. To preserve the original documents submitted to the Department, free from any suspicion of alteration or destruction that may occur at the time of possession of the PAPS, a Certificate of Authenticity of documents shall be issued by the Department to the PAPs, to certify that the original documents were indeed submitted and are in the possession of the Department.
1.14 Coordinate closely with the PAP/s social worker who monitors the movement of the case until such time that the Adoption Decree and Certificate of Finality are issued from the court. Once the Adoption Decree, Certificate of Finality and new Birth Certificate of the child are secured, the Central Office and the child's social worker shall be furnished a copy of the said documents to consider the case closed. SCaITA
2. Interregional Matching
Upon receipt of the child and PAPs' dossiers, the PMB-ARRD matching secretariat shall conduct the following:
2.1. Review the Child Study Report and other documentary requirements and prepare the roster/profile of child/ren for matching within the day.
Review the Home Study Report and other documentary requirements of recommended PAPs and conduct prioritization for the National Child Welfare Specialist Group's (NCWSG) consideration and assessment.
Inform the concerned FO, copy furnished the concerned agency, on the comments through an official letter or memorandum within three (3) days from the receipt of the dossier, in case of discrepancies/inconsistencies of information in the Child/Home Study Report or any clarification/s on the requirements. Submission of the requested/required documents by the social worker shall be within fifteen (15) days from receipt of the memorandum or letter from the Department. In case the required documents will not be available within the prescribed period of submission, a status report on the action taken shall be submitted by the FO to PMB.
The secretariat shall inform the managing social worker thru the fastest means of communication (either thru text or e-mail) if there are minor concerns/comments on the case for presentation, for immediate compliance. However, non-compliance of which, within 3 days from the notice, an official memo to FO shall be sent by the secretariat and the case will be considered for the next matching schedule.
On the other hand, dossier of child/ren and PAPs received by the Secretariat beyond 7 working days prior to the scheduled matching conference shall be tabled in the next scheduled matching.
2.2 Endorse immediately the dossiers of children, cited in this guideline under General Policy No. 8, to ICAB if not matched during the first presentation.
2.3 Inform and invite the managing social worker through an official letter or memorandum to the Head of Agency/Office, a day after the child/PAPs' dossier was reviewed by the matching secretariat or at least five (5) working days prior to the schedule of the matching conference for her/his presence and for the presentation of the case/s in the matching conference. aTHCSE
2.4 Inform/invite the members of NCWSG to the matching conference at least five (5) days before the matching conference. If the principal NCWSG member would not be available, identify an alternate member to avoid delay or postponement of the matching conference. Ensure a quorum of the NCWSG members (three members out of five),together with a CPD staff as the secretariat, to proceed with the matching conference.
2.5 Provide the NCWSG members advance copies of dossiers of children/PAPs for their review at least five (5) working days before the matching schedule.
2.6 Conduct interregional matching conference at least once a month but no to exceed four (4) meetings a month, whenever the documents of child and PAPs are available.
2.7 Facilitate the signing of Certificate of Matching for children matched by the NCWSG members right after the matching conference and endorse to the Bureau Director of PMB or his/her duly authorized representative for his/her approval. The result of the matching shall only be final upon approval of the Bureau Director or his/her authorized representative.
Children not matched during first presentation for interregional matching shall immediately be issued with ICA Clearance except for children below three years old.
2.8 Facilitate the approval of the PAPA by the PMB Bureau Director or his/her duly authorized representative within the day from the receipt of Acceptance Letter from the PAPs and endorse to DSWD residential facilities/CCAs/CPAs concerned.
If any party declines/opposes the proposed placement of the child to the PAPs as recommended by the NCWSG, the secretariat shall inform the managing social worker of the PAPs to submit a written explanation within two (2) days after receipt of notice on the result of matching from the managing social worker. Acceptability on the reason/s of any party shall be based on the evaluation of the PMB Bureau Director or his/her duly authorized representative.
2.9 Facilitate the issuance of written Certificate of Consent to Adoption approved by the Undersecretary for Protective Operations and Programs. The Final Post-Placement Supervisory Report shall be attached to the said document, which will be submitted to the court for the finalization of the adoption.
2.10 Coordinate closely with the FO on the movement of the case until such time that the Adoption Decree, Certificate of Finality and Amended Birth Certificate are issued. cAaDHT
3. Issuance of Intercountry Adoption Clearance
The ARRD social worker shall conduct the following:
3.1 Facilitate the issuance of Intercountry Adoption Clearance within two (2) days for cases of children that are not matched in the interregional matching conference.
3.2 All relative intercountry adoption cases shall not be presented in the interregional matching conference and shall be issued with Intercountry Adoption Clearance by the Department's Central Office based on a favorable eligibility assessment and recommendation by the Field Office that the child intercountry adoption would redound to his/her best interest.
3.3 Endorse immediately to ICAB, the original copy of the child's dossier, along with the original copy of the Intercountry Adoption Clearance, as signed/approved by the Bureau Director of PMB or his/her authorized representative.
3.4 Coordinate with ICAB on the status of cases endorsed/cleared for intercountry adoption on a quarterly basis.
D. Procedure for Disrupted Pre-Adoptive Placement
Disruption occurs when adoption placement is not completed or discontinued due to problems either or both on the part of the child and/or adoptive family. No termination of placement shall be made unless it is shown that the managing social worker has exhausted all efforts to remove the cause of the unsatisfactory relationship/placement within a reasonable period. Hence, the following procedures shall be undertaken:
1. If during one of the monitoring visit/s, the removal of the child is initially assessed by the managing social worker of the PAP/s, conduct frequent visits to the home to arrive at a decision as soon as possible. Conduct a case conference together with the immediate Supervisor to resolve the issues identified.
2. Hold a case conference, as necessary, wherein participation of each family member is maximized given the following objectives: to explore feelings related to the disruption; to assess the child's situation and to plan for the future.
3. On the other hand, if found that the continuation of the placement is to the detriment of the child, the child shall be immediately removed from the home and arrange for the child's temporary care while considering another possible placement.
4. The managing social worker shall prepare and submit to the Department within 3 working days an assessment report, indicating thorough assessment, findings and recommendation to suspend, cancel or terminate the issued PAPA and CA. HCaDIS
5. The Department shall act on the case and recommend immediate action, in close coordination with the matching committee and concerned offices/agencies. The PAPA and CA shall be suspended, cancelled or revoked by the approving authority. Assessment with strong justification and recommendation from the managing social worker shall be endorsed to the Department's Central/Field Office for the suspension, cancellation or revocation of the PAPA and CA.
VIII. Institutional Arrangements
A. DSWD Central Office
The DSWD Central Office through the PMB-ARRD shall provide guidance and technical assistance to the DSWD-Field Offices.
1. Composition:
• Headed by a Division Chief;
• At least 2 SWO IV to manage the adoption and foster programs;
• At least five Social Welfare Officer III that reviews the dossier of children for Certification declaring the child legally available for adoption (CDCLAA);
• At least four Social Welfare Officer III that reviews the dossier for interregional matching/issuance of clearance for intercountry adoption and acts as secretariat in the interregional matching conferences;
• At least five Social Welfare Officer III in charge for the policy and program development, monitoring and provision of technical assistance to FO counterpart;
• One Statistician on adoption program that manage the national data of children and PAP;
• One Administrative Officer IV who will act as budget officer of the Division;
• At least two administrative assistants in charge of printing of CDCLAA, ICA Clearance, in-coming, out-going of communication and records management.
2. Functions:
1. Monitor the existence, number and status of children legally available for adoption and prospective adopter/s, so as to facilitate their matching; AHCETa
2. Conduct and maintain nationwide information and advocacy campaigns on domestic adoption, in coordination with the Social Marketing Service of the Department;
3. Keep adoption files and maintain profiling and database of children and prospective adoptive parents;
4. Conduct program implementation review on adoption to monitor and evaluate the flow of the domestic adoption process;
5. Review the child/ren and family/ies' child/home study reports and other documentary requirements endorsed by the ARRS for issuance of CDCLAA, interregional matching and clearance for intercountry adoption;
6. Provide technical assistance to ARRS in DSWD Field Offices and other partner agencies on the implementation of the domestic adoption program;
7. Recommend policy enhancement/formulation on the improvement of implementation of alternative family care program; and
8. Act as the Secretariat to the NCWSG during interregional matching conferences.
B. The DSWD Field Office
The DSWD Field Office shall operate and manage its Adoption Resource and Referral Section (ARRS).
1. Composition:
• Headed by a Social Welfare Officer III who will act as focal for monitoring/provision of technical assistance to CCAs/CPAs/LGUs on case management of children for alternative family care, lead in the conduct of advocacies, trainings, capability-buildings and orientations/adoption fora related to alternative family care program. ScHADI
• At least one Social Welfare Officer II per province or city that will be assigned in the development of prospective adoptive families and in the review of dossiers of children for issuance of Certification declaring a child legally available for adoption, for adoption, ICAB and Court referrals, among others.
• At least two Social Welfare Officer II as secretariat to the regional matching conference;
• One Statistician that will be assigned in data management and reportings;
• One Administrative Assistant.
2. Functions:
• Monitor the existence, number and status of children legally available for adoption and prospective adopter/s in the region, to facilitate their matching;
• Conduct, disseminate and maintain region wide information and advocacy campaigns on domestic adoption;
• Organize and assist support groups for adoptive parents, biological parents and adoptees, provide parent and family life education sessions and referrals for specialized services, among others (Section 6, IRR of RA 8552); DACcIH
• Provide counseling services, as necessary, to parents surrendering their children;
• Recruit/develop and maintain a pool of PAPs, including Muslim parents for possible placement of Muslim children available for adoption;
• Attend and present the case being handled in the matching conferences;
• Conduct Adoption Forum and orientations on adoption-related laws, policies and issuances;
• Maintain profiling and database of children available for adoption and prospective adoptive parents;
• Keep adoption files of child and PAP's;
• Review the child/ren and family/ies' child/home study report and other documentary requirements endorsed by the DSWD/NGO residential care facilities and LGUs for issuance of CDCLAA and regional matching within the prescribed turn-around time for case management;
• Follow-up submission of documents with noted discrepancies from DSWD residential care facilities and CCAs/CPAs and LGUs within the prescribed timeline;
• Act as Secretariat to the RCWSG in the regional matching process;
• Endorse to CO within 30 days the dossier of children and PAP/s that are not matched at the regional level;
• Prepare/submit monthly regional matching reports every 5th day of the month and other reports as instructed by the Central Office in relation to adoption program;
• Report cases of disrupted pre-placement to the Central Office for monitoring purposes;
• Conduct quarterly meetings, dialogues together with child caring and child placing agencies, Family Courts, and, Local Government Units, hospitals and other concerned agencies on the implementation of domestic adoption process;
• Conduct annual regional program implementation review on alternative family care;
• Respond to the referrals of other offices or agencies, such as conduct of eligibility assessment/case conferences, among others; HSCATc
• Network with the Association of Child-Caring Agencies of the Philippines (ACCAP) and other groups or communities on matters related to domestic adoption particularly on advocacy and resource development and generation;
• Coordinate with the Standards Unit and harmonize the schedule of providing technical assistance and conduct of monitoring to DSWD residential care facilities and NGO child-caring/placing agencies, including LGUs to ensure fast movement of cases of children for adoption;
• Facilitate capability-building activities to enhance the social workers' knowledge, attitude and skills (KAS) on adoption and foster care;
• Monitor and ensure compliance of PAPs to file the petition for adoption in court not later than 30 days from the date of receipt of the Department's certificate of consent to adoption;
• If the case is already filed in court, the managing social worker of ARRS to monitor and coordinate regularly on a monthly basis with the court social worker on the progress of the case until the Adoption Decree, Finality and amended Birth Certificate are issued. A status report shall be submitted to PMB;
• Provide post-adoption services to the child and adoptive families after the issuance of the decree of adoption, as necessary.
C. DSWD Centers/Residential Care Facilities, Child-Caring Agencies and LGU Facilities
• Ensure proper case management in accordance with the standard turn-around time.
• Ensure that the documentary requirements of children for issuance of CDCLAA and child for local matching are complied with. In the absence of essential requirements, such as the birth/foundling certificate, among others, the concerned social worker must undertake necessary actions to ensure that the lacking documents will be complied.
• Accomplish and submit all pertinent documentary requirements within the prescribed timeline.
• Attend and present the case being handled in the matching conferences.
• Provide psychosocial services to the child prior to the placement with PAPs.
• Participate in the capability building of social workers and other recognized training institutions.
• Submit a case load inventory of children for adoption every quarter to the Regional Director of DSWD-FO.
• Establish a system for and facilitate detecting, reporting and providing appropriate intervention on children that are directly entrusted to family. IDTSEH
D. Child-Placing Agencies (CPAs)
• Recruit/develop and maintain a pool of PAPs
• Conduct Adoption Forum and orientations on adoption-related laws, policies and issuances
• Ensure proper case management, accomplish and submit all pertinent documentary requirements in accordance to the prescribed timeline
• Ensure that the documentary requirements of developed PAPs for local matching are complied with. In the absence of essential requirements, the managing social worker must undertake necessary actions to ensure that the lacking documents will be complied within the standard turn-around time
• Attend and present the case being handled in the matching conferences
• Provide psychosocial services to the PAPs prior to the child's placement with them
• Participate in the capability building of social workers and other recognized training institutions
• Refer to the FO cases of prospective adoptive parents under independent placement for assessment and appropriate intervention
• Ensure compliance of PAPs to file the petition for adoption in court not later than 30 days from the date of receipt of the Department's certificate of consent to adoption
• If the case is already filed in court, the managing social worker of the CPA to monitor this case continuously and coordinate regularly on a monthly basis with the court social worker on the progress of the case until the Adoption Decree, Finality and amended Birth Certificate are issued. A status report on this shall be submitted to the Department
• Maintain profiling and database of prospective adoptive parents
• Keep adoption files
• Coordinate with the concerned DSWD-Field Office to provide post-adoption services to the child and adoptive families after the issuance of the decree of adoption, as necessary
E. Child Welfare Specialist Group (CWSG) for Regional and Interregional Matching
Membership to the Regional CWSG shall be approved by the Regional Director through a Regional Special Order. On the other hand, membership to the National CWSG shall be approved by the Secretary or his/her authorized representative through a Special Order/Authority. The National and Regional CWSG shall compose the following members:
• One (1) registered social worker of the Department with at least a Social Welfare Officer (SWO) III position whose expertise is on child welfare cases; SICDAa
• A lawyer specializing on child and youth welfare cases;
• A pediatrician or a physician specialized on children;
• A psychologist/psychometrician/psychiatrist; and
• A representative of a non-government organization.
The alternate members of the N/RCWSG shall be identified by DSWD, both in the Field Office and in the Central Office, to ensure a continuous conduct of the matching conference and to avoid delay or postponement of such. The DSWD Social Worker representative shall serve as Chair of the committee. However, presiding officer for the matching conference could be on rotation basis, as determined and agreed by the R/NCSWG.
The R/NCWSG shall perform the following functions:
• Match children for domestic adoption.
• Recommend the matching of children to available local adoptive family/ies to the Regional Director for regional matching, or to the Bureau Director for interregional matching.
• Recommend for possible intercountry placement.
• Implement an integrated system and network of selection and matching of children and local PAPs. TAacHE
• Formulate internal rules and policies in relation to the matching of children and families.
• Initiate, review and recommend changes on policies concerning permanent placement of children through adoption.
• Perform other functions as may be defined by the Department thru PMB or FO-ARRS.
The Department shall issue a Special Order/Authority to the R/NCWSG members who shall serve for a term of two (2) years, which may be renewed for another term based on the recommendation of the Department. Only the R/NCWSG members who are not employees or officials of the Department shall be entitled to an honorarium to be determined and approved by the Secretary. Funds for the matching conferences shall be included in the Work and Financial Plan of the Central Office and Field Offices. The functions of the R/NCWSG shall commence upon effectivity of this Memorandum Circular.
IX. Effectivity
This Memorandum Circular shall take effect immediately. All previous issuances inconsistent with this circular are hereby repealed/revoked accordingly.
Issued in Quezon City this 7th day of May, 2020.
(SGD.) ROLANDO JOSELITO D. BAUTISTADSWD Secretary
Annexes
|
|
Templates |
|
A |
Certification Declaring a Child Legally Available for Adoption |
|
B |
Deed of Voluntary Commitment (DVC) in English format |
|
C |
Certificate of Matching (COM) |
|
D |
Pre-Adoptive Placement Authority (PAPA) |
|
E |
Certificate of Consent to Adoption (CA) |
|
F.1 |
Regional Adoption Clearance for Children (for cases presented in the matching conference) |
|
F.2 |
Regional Adoption Clearance for Children (for cases not presented in the matching conference) |
|
F.3 |
Regional Adoption Clearance for Relative Intercountry Adoption |
|
F.4 |
Regional Adoption Clearance for PAPs |
|
G |
Affidavit of Temporary Custody |
|
H.1 |
Intercountry Adoption Clearance |
|
H.2 |
Intercountry Adoption Clearance (for Relative) |
|
I |
Child Study Report for Adoption |
|
J |
Home Study Report for Adoption |
|
K |
Parenting Capability Assessment Report (PCAR) |
|
L |
Application Form for PAPs |
|
M |
Certificate of Attendance to Adoption Fora/um |
|
N |
Child Profile |
|
O |
Adoptive Family Profile |
|
P |
Roster of Children and Family for Local Matching |
|
Q |
Certificate of Authenticity of Documents |
|
R |
Template for Post-Placement Supervisory Report |
|
S |
Flowchart on the Domestic Adoption Process |
ANNEX A
Certification Declaring a Child Legally Available for Adoption
ANNEX B
Deed of Voluntary Commitment
ANNEX C
Certificate of Matching
ANNEX D
Pre-Adoption Placement Authority
ANNEX E
Certificate of Consent to Adoption
ANNEX F.1
Regional Clearance for Interregional Matching
ANNEX F.2
Regional Clearance for Interregional Matchingnot presented in the regional matching)
ANNEX F.3
Regional Clearance for Intercountry Adoption
ANNEX F.4
Regional Clearance for Interregional Matching
ANNEX G
Affidavit of Temporary Custody
ANNEX H.1
Clearance for Inter-Country Adoption
ANNEX H.2
Clearance for Intercountry Adoption
ANNEX I
Child Study Report for Local/Intercountry Adoption
ANNEX J
Home Study Report
ANNEX K
Parenting Capability Assessment ReportName of Child)
ANNEX L
Application Form for Prospective Adoptive Parent/s
ANNEX M
Certificate of Attendance to Adoption Forum
ANNEX N
Child Profile
ANNEX O
Adoptive Family Profile Form
ANNEX P
Roster of Children and Family for Matching
ANNEX Q
Certificate of Authenticity
ANNEX R
1st Post-Placement Supervisory Report
ANNEX S
Flowchart on the Domestic Adoption Process
n Note from the Publisher: Written as "July 26, 199" in the original document.
Cite This Law
2020 Omnibus Guidelines on Domestic Adoption, DSWD Memorandum Circular No. 13, s. 2020, May 7, 2020 (Philippines)
2020 Omnibus Guidelines on Domestic Adoption, DSWD Memorandum Circular No. 13, s. 2020 (Phil. 2020)
Related Laws
- Omnibus Guidelines on the Domestic Adoption ProcessDSWD Administrative Order No. 011-09 • Sep 8, 2009 • Other Rules and Procedures
- Amended A.O. No. 11, Series of 2009, Entitled, Omnibus Guidelines on the Domestic Adoption ProcessDSWD Memorandum Circular No. 007-15 • May 8, 2015 • Other Rules and Procedures
- Omnibus Guidelines on the Implementation of Community Quarantine in the PhilippinesInter-Agency Task Force on Emerging Infectious Diseases • Jun 3, 2020 • Inter-Agency Task Force on Emerging Infectious Diseases (IATF-EID) Issuances
- IATF-EID Resolution No. 061, s. 2020IATF-EID Resolution No. 061, s. 2020 • Aug 6, 2020 • Inter-Agency Task Force on Emerging Infectious Diseases (IATF-EID) Issuances
- IATF-EID Resolution No. 078, s. 2020IATF-EID Resolution No. 078, s. 2020 • Oct 8, 2020 • Inter-Agency Task Force on Emerging Infectious Diseases (IATF-EID) Issuances
- IATF-EID Resolution No. 069, s. 2020IATF-EID Resolution No. 069, s. 2020 • Sep 7, 2020 • Inter-Agency Task Force on Emerging Infectious Diseases (IATF-EID) Issuances
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