Guidelines on Foster Care Service

October 13, 2014

DSWD MEMORANDUM CIRCULAR NO. 023-14

 

 

I. Rationale

The Philippine government recognizes that in most cases, neglected, abused, or abandoned children, including those with special needs will benefit more from foster care than Institutional Care. The provision of foster care, which is defined as "a planned temporary substitute parental care to a neglected child by a foster parent", has been guaranteed by the Chapter VI of the Presidential Decree No. 603, otherwise known as the Child and Youth Welfare Code. However, there is need to strengthen the provisions on foster care provided in this law, given the changing situations faced by Filipino children and families. This has resulted to the passage of Republic Act No. 10165 (Foster Care Act of 2012). The new law aimed to further strengthen, systematize, and enhance foster care for children.

Permanency is the goal of the State for every homeless child. However, a child may be placed in foster care as a preparation towards his/her eventual reintegration to biological parents or placement with an adoptive family. The passage of Foster Care Act of 2012 was very timely with the increasing number of children in need of alternative family care, including those whose biological parents are unable to provide them with sufficient parental care for various reasons, such as marital problems, single parenthood, abandonment, extreme poverty, or illness of either or both parent/s. Alternative family care has therefore become necessary particularly foster care to temporarily provide a one-on-one family care to a child.

Foster care service is implemented not only by DSWD but also by licensed child placing agencies. As RA 10165 strengthens foster care service, funds are to be allocated to subsidize eligible foster children under the care of foster parents. This requires a transparent and accountable system for allocation, disbursement, and reporting. HTcADC

These guidelines aim to provide for enhanced structures and procedures in accordance with the stipulations of RA 10165. This would ensure that every neglected, abused, or abandoned child would benefit greatly from foster care that would lead him/her to a permanent, caring and loving family to call his/her own.

The scope of these guidelines includes, among others, the procedures in the recruitment of foster parents, licensing of foster parents, and assessment of children eligible for foster care and provision of subsidy and other incentives.

II. Mandates and Legal Bases

Foster family care is supported by the following laws and conventions:

1. The 1986 Philippine Constitution, Article II, Sec. 4, states that "the State shall strengthen the family as a basic social institution, the mutual rights and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the aid and support of the government."

2. P.D. 603 otherwise known as the Child and Youth Welfare Code which was signed on December 10, 1974 and became effective on June 10, 1975 stipulates the following:

a. Article I — Declaration of Policy

 "The child is one of the most important assets of the nation. Every effort should be exerted to promote his welfare and enhance his opportunities for a useful and happy life".

b. Article 3 — Section 2 — Rights of the Child

 "Every child has the right to a wholesome family life that will provide him/her with love, care and understanding, guidance and counseling and moral and material security. The dependent and abandoned child shall be provided with the nearest substitute for a home.

c. Article 67 — Foster Homes

 "Foster Homes shall be chosen and supervised by the Department of Social Welfare and Development or any licensed child placement agency when and as the need therefore arises. These shall be run by married couples to be licensed only after thorough investigation of their character, background, motivation and competence to act as foster parents."

d. Article 68 — Institutional Care

 "Assignment of the child to a foster home shall be preferred to institutional care. Unless absolutely necessary, no child below nine years of age shall be placed in an institution. An older child may be taken into an institution for child care is a thorough social case study indicates that he will derive more benefit therefrom."

3. Article 20 of the United Nations Convention on the Rights of a Child which was adopted by the United Nations General Assembly on November 20, 1989 and ratified by the Philippine Government on July 26, 1990 and took effect on September 2, 1990 states that:

a. "A child temporarily or permanently deprived of his or her family environment or whose own best interest cannot be allowed to remain in the environment, shall be entitled to special protection and assistance provided by the state."

b. "State parties shall in accordance with their national laws ensure alternative care for such a child."

c. "Such care should include, inter alia, foster placement, Kafalah of Islamic institutions for the care of children when considering solutions, due regard shall be paid to the desirability of continuity in a child's upbringing and to the child's ethnic, religious, cultural and linguistic background. aScITE

4. The United Nations Declaration on Social and Legal principles relating to the protection and Welfare of Children with Special reference to Foster Care Placement and Adoption Nationally and Internationally (adopted by the General Assembly, 1986) provides international standards to safeguard the rights of children for whom family life is ensured through foster care and adoption.

5. Republic Act No. 10165 or otherwise known as the Foster Care Act of 2012. It is an act to strengthen and propagate foster care for abused, abandoned, neglected and other children with special needs, providing appropriations therefore and for other purposes.

III. Objectives

General:

Enable every child eligible for foster care to experience a caring and nurturing family life provided by a licensed foster family on a temporary basis towards permanent placement.

Specific:

1. Prepare the child for his/her reunification with his/her biological family placement with a foster family/parent/s matched to his/her or other appropriate alternative placement.

2. Enhance the parental functioning of the biological family of the child to the fullest extent and assist them in working out the reunification with the child or to arrange for other alternative family care when such return is not recommended.

3. Develop and maintain a pool of licensed foster families in every city/municipality under the auspices of the Local Government Units, licensed child placing agencies and the DSWD.

4. Build capability and provide support services to foster families ensuring quality care of children.

5. Place eligible children from residential care facilities to a foster family within 6 months from admission.

6. Institutionalize the Projects ARUGA at KALINGA sa mga Bata sa Barangay.

IV. Definition of Terms

1. Agency — refers to any child-caring or child placing entity licensed and accredited by the Department of Social Welfare and Development to implement the Foster Care Program.

2. Child — refers to a person below eighteen years of age, or one who is over eighteen but is unable to fully take care of, or protect himself or herself from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition.

3. Child-Placing Agency — refers to a private non-profit institution or government agency duly accredited by the Department of Social Welfare and Development that receives and processes applicants to become foster or adoptive parents and facilitate placement of children eligible for foster care or adoption.

4. Child with Special Needs — refers to a child with developmental or physical disability.

5. Department — refers to the Department of Social Welfare and Development (DSWD).

6. Field Office — refers to a regional office of the Development of Social Welfare and Development.

7. Local Social Welfare and Development Office (LSWDO) — refers to the social welfare and development office of a Local Government Unit.

8. Local Government Unit (LGU) — refers to the appropriate barangay, municipality, city or province.

9. Local Council for the Protection of Children (LCPC) — It is a council organized at the provincial, city, municipal and barangay levels that serves as the umbrella organization for all children's concerns. It is a council fully harnessed to be an efficient and effective advocate of child's rights that implements all children's programs at the local levels.

10. Family — refers to the parents or brothers and sisters, whether of the full or half-blood, of a child.

11. Foster Care — refers to the provision of planned temporary substitute parental care to a child by a foster parent or a foster family. HEITAD

12. Foster Child — refers to a child placed under Foster Care.

13. Foster Family — refers to a foster parent(s) and his/her immediate family members.

14. Foster Family Care License — refers to the document issued by the DSWD authorizing the foster parent(s) to provide Foster Care.

15. Foster Parent — refers to a person duly licensed by the DSWD to provide Foster Care.

16. Foster Placement Authority (FPA) — refers to the document issued by the DSWD authorizing the placement of a particular Foster Child with a Foster Parent(s).

17. Home Study Report — refers to a written report prepared by a Social Worker containing the necessary information on a prospective foster parent(s) and where applicable, the family of such prospective foster parent(s).

18. Watching — refers to the judicious pairing of a child with a foster parent(s) and family members based on the capacity and commitment of such foster parent(s) to meet the individual needs of a particular child and the capacity of such child to benefit from the placement.

19. Parent — refers to the biological or adoptive parent or legal guardian of a child.

20. Placement — refers to the physical transfer of a Foster Child with the Foster Parent.

21. Relative — refers to persons, other than family members, related to a child by consanguinity or affinity up to the fourth degree.

22. Secretary — refers to the Secretary of the DSWD or his duly authorized representative.

23. Child Case Study Report — refers to a written report prepared by the social worker containing all the necessary information about a child.

24. Social Worker — refers to a registered and licensed Social Worker of the Department, LGU or Agency.

25. Biological Family/Parents — refers to the child's mother and father by nature.

26. Legal Guardian — refers to a person appointed by a court to protect the interest of a minor.

27. Foster Care Committee — refers to committee on foster care composed of a registered social worker of the Department whose expertise is on child welfare cases; pediatrician; Psychologist/Psychiatrist and representative of non-government organization.

28. Alien — shall refer to any person, not a Filipino citizen, who enters and remains in the Philippines and in possession of a valid passport or travel documents and visa.

V. General Policies

As a general policy the placement of the child with a foster family shall be based on the judicious matching of the needs of the child and capacity/resources of the foster family.

The following protocols shall be observed to protect children for and under foster care:

1. A thorough study must be made for every applicant family to determine their motivation, capacities and potentials as foster family for a particular type of children.

2. In determining the best suited foster parent, the relatives of the child shall be given priority, as long as they meet the qualifications provided for in this guideline.

3. The placement of a Child with a licensed foster family shall be considered when all efforts to strengthen his/her biological family or relatives have failed and should be based on any of the conditions in the placement of child to the foster family.

4. A child shall be placed only with a licensed foster family except in the case of an emergency. In emergency cases, the evaluation of the family should be done not later than one week after receiving the child. The Foster Care License shall be issued immediately upon approval to the foster family.

5. The foster family shall encourage the foster child to relate with his/her biological family or relatives or adoptive family, as the case may be and shall provide the wholesome atmosphere for the enhancement of their relationship. ATICcS

6. The whole family shall be consulted and each family member's approval when applicable is sought when fostering a child.

7. A licensed foster family shall take care of only one (1) infant or a maximum of three (3) older children at any given time except where siblings have to be together with one foster family. In case of a child with special needs, only one child shall be placed with a foster family at a time.

8. Children who will eventually return to their biological families or relatives should not be alienated from their parents. The Social Worker should consider that the child/ren be placed with foster families where they most likely have a little adjustment when they eventually return to their biological families.

9. Foster care should not be advised to authorize placement of children that are intended to be adopted by the applicant. Further, foster care should not be used to pre-identify a child for adoption.

 When the intention of the family is to adopt the child, proceed with the process of adoption beginning with an assessment for the family's eligibility and the child's certification as legally available for adoption.

 In cases where assessment is not favorable, a report should be prepared on the reasons for disapproval of the family and plans for the child's removal from the family.

10. Children eligible for foster care and approved foster family referred by the Local Government Units (LGUs) shall be presented to the regional foster care matching conference.

11. No foster placement shall occur without matching by the Foster Care Committee, except in cases and circumstances determined by the Department considering the best interest of the child for placement.

 Foster Placement Authority is issued only when the matching of child with a foster parent/s has been approved by the Regional Director at the FO level and by the Undersecretary for Operations and Programs Group at the CO level (interregional).

12. All placements must be covered by a Foster Placement Authority. The transfer of a child from one foster home to another shall be authorized only after a case conference has been undertaken and the issuance of the Foster Care Placement Authority by the Regional Director of the Field Office that has jurisdiction on the placement, except in cases of emergency e.g., death/sickness, man-made and natural calamities, abuse and neglect. Such incidents shall be reported to DSWD Field Office within twenty-four hours.

13. In case of failure of matching at the Agency level or of exempting a case for matching, the Agency shall submit a letter to FO indicating failure of matching or exemptions and the conditions/circumstances of cases that led to the failure of matching of for exempting for foster care matching conference per Section 11 of RA 10165. The Agency shall refer the cases of foster child/ren and foster parent/s to the FO for regional matching conference.

14. In cases of Independent Placement, the current custodian of the child shall be required to turn over the custody of such child to an Agency, an LGU or the Department to be able to proceed with the conduct of the regional matching conference.

 The parent/s and child may be exempted from a matching conference if the child, regardless of age, has stayed with the family for more than a year from the date the case came to the attention of the FO. Instead, a case conference shall be called by the FO/Agency engaging professionals or persons that could provide expert opinion or has significant involvement in the case.

 On the other hand, the case of the child shall be presented in the matching conference if the child, regardless of age, has stayed with the family for less than a year.

 All Independent Placement cases shall be elevated by the FO to the Special Operation: Adoption and Social Welfare Attache Office for review. The approval or disapproval of the foster placement shall be recommended by the SOO to the Undersecretary of OPG. The decision shall be communicated by SOO to the FO for execution. TIADCc

15. The relatives of the child, if qualified, shall be given priority to become the Foster Parent/s of such child.

 In case of siblings, the children shall not be matched with (a) foster parent/s who has a maximum number of foster children under his/her foster care. Also, the siblings should not be separated.

VI. Eligibility

A. Who may be Placed Under Foster Care

 The following may be placed in foster care:

a. A child who is abandoned, surrendered, neglected, dependent or orphaned.

b. A child who is a victim of sexual, physical, or any other form of abuse or exploitation;

c. A child with special needs;

d. A child whose family members are temporarily or permanently unable or unwilling to provide the child with adequate care.

e. A child who needs long-term care and close family ties but who cannot be placed for adoption;

f. A child whose adoption has been disrupted;

g. A child who is under socially difficult circumstances such as, but not limited to, a street child, a child in armed conflict or a victim of child labor or trafficking, displaced children due to disaster/children who survived disaster.

h. A child who committed a minor offense and was released on recognizance, or who is in custody supervision or whose case is dismissed; and

i. A child who is in need of special protection as assessed by a Social Worker, an agency or the Department.

 Provided, that in the case of (b), (c), (f), (h), (i) and (j), the child must have no family nor relatives that are willing and capable of caring and providing for him/her.

B. Who may be a Foster Parent

An applicant who meets all of the following qualifications may be a foster parent(s):

1. Must be of legal age;

2. Must be at least sixteen years older than the child unless the foster parent is a relative;

3. Must have genuine interest, capacity and commitment in parenting and is able to provide a family atmosphere for the child;

4. Must have a healthy and harmonious relationship with each family member living with him/her;

5. Must be of good moral character,

6. Must be physically and mentally capable and emotionally mature;

7. Must have sufficient resources to be able to provide for the family's needs;

8. Must be willing to be trained or receive advice for the purpose of increasing or improving his/her knowledge, attitudes and skills caring for a child.

9. Must not already have the maximum number of children under his foster care at the time of application or award, as may be provided in the implementing rules and regulations of Republic Act No. 10165.

 For an alien to qualify as a foster parent(s), he/she must: (i) be legally documented, ii) possess all the qualifications above-stated, iii) have resided in the Philippines for at least twelve continuous months at the time of the application, iv) undertake to maintain such residence until the termination of placement by the Department or expiration of the Foster Family Care License. AIDSTE

 For purposes of determining continuous residence, the alien must not have spent more than sixty days of the last twelve month period prior to the filing of the application outside the Philippines, and then only for meritorious reasons.

 No applicant shall be disqualified by mere reason of Sexual Orientation and Gender Identity (SOGI) of Foster Parent/s (e.g., heterosexual, homosexual or bisexual, lesbian, gay), religious affiliations, disabilities and indigenous group membership.

VII. Parental Authority of Foster Parents

A. Foster parent(s) shall have the rights, duties and liabilities of persons exercising substitute parental authority, as may be provided under the Family Code, over the foster children under their Foster Care.

B. Foster parent(s) shall only have the rights of a person with special parental authority to discipline the foster children as defined under Section 233 of Executive Order 209, series of 1986, otherwise known as the Family Code of the Philippines," insofar as it prohibits the infliction of corporal punishment upon the child. The infliction of corporal punishment by the foster parent(s) shall be ground for revocation of the Foster Family Care License and termination of Foster Placement Authority (FPA).

VIII. Implementing Procedures

A. Recruitment and Development of Foster Parents

The Department, Agency, LGUs, and Local Council for the Protection of Children (LCPC) shall take the lead in, and have primary responsibility for recruiting and developing foster parents and foster families.

1. The recruitment of prospective foster parent(s) shall employ a coordinated and intensified communication strategy that shall include:

a. Conducting Foster Family Care Fora,

b. Information drives using all available media, and

c. Building linkages with, among other, LGUs, civil society groups, LCPCs, faith based organizations, and people's organizations.

2. The Foster Parents shall fill-up an application form and shall be filed with the appropriation DSWD Field Office, Agency, or LGU. The application shall include documents to show that the applicant is qualified, such as, but not limited to, the following:

a. Birth Certificate,

B. Marriage Certificate, Divorce Annulment, Declaration of Nullity of legal separation documents.

c. Medical Certificate,

d. Income Tax Return or Certificate of Employment,

e. National Bureau of Investigation (NBI) Clearance or Police Clearance,

f. Barangay Certificate stating that the applicant is a resident of the Barangay, the length of his/her residence therein, he/she is of good moral character.

g. 3x5 inch sized Whole Body Photos of the applicant and, where applicable, his family; and/or

h. Certificate of Attendance at Foster Care Forum

i. Such other documents that the Department, Agency or LGU may require.

 The following are the additional requirements for alien applicants:

a. Certificate of Residence in the Philippines issued by the Bureau of Immigration or the Department of Foreign Affairs.

b. Two (2) character references from non-relatives who know 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 15 years.

3. Applicants shall be assessed and licensed based on demonstrated capacity, willingness and motivation to foster a child. AaCTcI

4. The lead agencies shall develop and implement policies, programs, trainings, and seminars to enhance and build upon the skills and capabilities of foster parent(s), and to encourage foster parenting.

5. The Department, Agency or LGU shall assign a social worker to commence the home study within five days from submission of all documentary requirements.

B. Submission of Home Study Report

1. The Social Worker of the Department, Agency or LGU shall study the applicant's background and circumstances to determine if the applicant(s) meets the basic requirements for Foster Care and if thus suitable to become a foster parent(s).

2. The Social Worker shall conduct at least one planned visit to the applicant's home.

3. Based on findings from that study and home visit, the Social Worker shall prepare a comprehensive Home Study Report.

4. The Social Worker shall submit the dossier of the foster family to the appropriate Field Office not later than one month from the start of the home study. A copy of the approved Home Study Report and other supposing documents shall be forwarded to the Foster Care Committee as reference in the foster matching.

C. Issuance of Foster Family Care License

1. The Field Office shall evaluate the Home Study Report and other supporting documents submitted by the Agency and the LGU to determine the motivation, capacities and potentials as basis for the issuance of Foster Care Licence.

2. If warranted, the Field Office shall, within five working days from receipt of the Home Study Report, issue a Foster Family Care License to the foster parent(s), with notice to the Social Worker.

3. The Foster Family Care License shall be valid for three years, unless sooner revoked, but may be renewed upon expiration.

4. The social worker shall be guided on the following for the renewal of Foster Family Care License:

a. The social worker shall re-assess the foster family every 3 years in terms of the motivation to foster a child, family relationship, health condition, child preference, etc.

b. If the foster parent/s is willing to continue to become a foster parent, renewal of Foster Family Care Licenses shall be facilitated by the social worker.

5. Revocation of Foster Family Care License. The Field Office shall investigate any report that the placement is detrimental to the foster child. It shall revoke the Foster Family Care License upon the recommendation of the Social Worker confirming the existence of any of the following circumstances:

a. Child abuse or exploitation;

b. Child neglect;

c. Extreme family conflict or crisis that would expose the child to dangerous conditions or other deleterious circumstances detrimental to the child's best interest and development;

d. Manifestation of high risk social behavior of any member of the foster family, such as, but not limited to substance abuse, gambling, alcoholism, and commercial sexual exploitation;

e. Permanent departure or transfer of the foster parent(s) to another country;

f. Termination of the placement for reason attributable solely to the foster parent(s); or

g. Any other circumstance that would make the foster parent(s) or foster family incapable of rearing the foster child.

D. Preparation of Child Study Report

1. DSWD/Non-Government Child Caring Agencies

a. Upon admission of a child eligible for foster care, the Social Worker of the DSWD, Agency or LGU shall immediately conduct a case study to determine the needs of the child and identify other factors that shall be considered in selecting the appropriate foster parent(s).

b. Within fifteen days from such admission, the Social Worker shall then prepare a Child Case Study Report. The Child Case Study Report shall establish the needs of the child that should be considered in the selection of the foster parent(s).

 There are cases of children that are not under the care of residential care facility but coming from the community/LGU eligible for foster care. The social worker shall conduct a Child Case Study Report to consider also in the selection of the foster parent(s).

E. Matching

A comprehensive Child Case Study Report and Home Study Report and other supporting documents such as Health and Medical Profile, Birth/Foundling Certificate/Child Profile and recent photograph of the child of the prospective foster parent/s shall be prepared by the managing social workers prior to the foster care matching.

I. Agency

a. The matching shall be conducted by the Foster Care Committee within five working days immediately after completion of the Child Study Report. The Agency shall submit to the Field Office a report on such matching not later than three working days from the date of such matching.

b. Each of the social workers managing the case of the child and of the foster parent/s shall be present in the matching conference where his/her case will be presented and deliberated.

c. If an Agency is unable to match a child with a foster parent(s) for the second time, the Agency shall refer the child to the Field Office for regional matching. If the DSWD Field Office is unable to match a child with a foster parent, the DSWD Field Office shall refer the child to the DSWD Central Office for interregional matching.

d. Upon issuance of the Foster Family Care License, the matching shall be conducted by the Foster Care Committee within 5 working days. The Agency shall submit to the Field Office a report on such matching not later than three working days from the time such matching is made.

e. After a Child is matched with the family, the Foster Care Committee will issue a resolution declaring the match and recommended to the FO-Regional Director for approval together with the Certificate of Matching where all members of the Foster Care Committee have signed. The foster care social worker will inform the foster family on the result of the matching within one (1) day. SDHTEC

 However, if the Regional Director did not concur with the provision in the Resolution, the Regional Director could render a decision based on his/her judgment. He/she may call for a case conference involving professionals or disciplines or representative/s of an office or offices to discuss the issues on the case and render his/her decision thereafter.

f. The foster family shall submit an acceptance letter addressed to the Director of the Agency within one (1) day. Once accepted by the foster family, the Foster Placement Authority shall be issued within 5 days. The Foster Placement Authority shall be approved by the FO-Regional Director.

 In case the foster family declines the proposed placement, they will be required to explain in writing the reasons for not accepting the child. If valid, they shall continue to be included in the roster of the available foster families. However, should they refuse the child matched with them with no valid or sufficient reasons; they shall be subjected for re-assessment of the social worker before being considered for another matching.

g. The social workers of the child and foster family shall prepare them emotionally and psychologically before the actual placement. The physical transfer of the child shall take place within 5 days upon the issuance of duly approved Foster Placement Authority.

 The FPA shall remain valid for not more than one year, but may be renewed upon expiration depending on the assessment of the social worker. If the child needs to stay longer under foster care, then social worker shall facilitate the renewal of the Foster Placement Authority for another six months or a maximum of one year depending on the needs of the child.

h. If an Agency is unable to match the Foster Parents within one (1) month, the Agency shall forward the dossier of the Foster Parents to the Field Office for regional matching.

i. The Agency shall submit to FO a copy of the minutes of the foster care matching conference.

2. Field Office level

a) The Field Office-Adoption Resource and Referral Section, Foster Care social worker shall receive and review the Child and Home Study Reports and other documentary requirements within three (3) days either from residential care facilities, Agency or LGU, upon receipt thereof.

 Likewise, complete home and child study reports and supporting documents of foster parents and children shall be included in the roster of licensed foster parents and list of children available for matching.

b) The Regional Foster Care Committee members shall be provided with copies of the Home/Child Study Report and other supporting documents at least three (3) working days before the matching schedule.

c) The social worker of the child and the foster parents either from DSWD, LGU or Agency must present the case in the matching conference in the FO.

d) Within five working days upon receipt of the Child and Home Study Report, matching shall be conducted by the Regional Foster Care Committee, if the child is in the custody of LGU or of the DSWD.

e) After a child is matched with the family, the Regional Foster Care Committee will issue a Resolution declaring the match and recommended to the Regional Director together with a Certificate of Matching where all members of the Regional Foster Care Committee have signed. If in order and if the Regional Director agrees to the decision based on her/his review, the Regional Director approves by signing the Certificate of Matching. The foster care social worker will inform the concerned CCAs/CPAs concerned on the result of the matching within one (1) day.

 However, if the Regional Director did not concur with the provision in the Resolution, the Regional Director could render a decision based on his/her judgment. He/she may call for a case conference involving professionals or disciplines or representative/s of an office or offices to discuss the issues on the case and render his/her decision thereafter.

f. The foster family shall submit an acceptance letter addressed to the Regional Director within one day. Once accepted by the foster family, the Foster Placement Authority shall be issued within 5 days. The Foster Placement Authority shall be approved by the FO-Regional Director. HESIcT

 In case the foster family declines the proposed placement, they will be required to explain in writing the reasons for not accepting the child. If valid, they shall continue to be included in the roster of the available foster families. However, should they refuse the child matched with them with no valid or sufficient reasons; they shall be subjected for re-assessment of the social worker before being considered for another matching.

g) The Field Office/Agency shall then conduct a discharge conference to brief the foster parent(s) on the needs of the foster child, and turn over custody of the foster child to the foster parent(s).

 The FPA shall remain valid for not more than one year, but may be renewed upon expiration based on the assessment and recommendation of the social worker. If the child needs to stay longer under foster care, then the social worker shall facilitate the renewal of the Foster Placement Authority for another six months or a maximum of one year depending on the needs of the child.

h) If Field Office is unable to match a foster child and foster parent(s) within one (1) month, the Field Office shall refer the child and foster parents' case to the Central Office for inter-regional matching.

 The Field Office foster care social worker shall act as secretariat during regional matching conferences.

 In case of failure of matching at Field Office level, both child and foster parents' dossiers shall be endorsed to Central Office for inter-regional matching or under same circumstances that foster care matching was not conducted, the Regional Director shall endorse through memo the case of the child to the Special Operations for Adoption and Social Welfare Attache Office.

 The case of foster parents shall be with Central Office as part of the pool of foster parents that could be matched to child coming from other regions.

 The FO shall submit to the Special Operations Office a copy of the minutes of the foster care matching.

3. DSWD-Special Operations: Adoption and SWATO

 The Special Operation for Adoption and Social Welfare Attache Office shall receive and review the documents of foster child and foster parent not matched in the regional level within one month. The dossiers shall be forwarded to Central Office for inter-regional matching by the National Foster Care Committee.

1. Interregional Matching of Foster Children and Foster Parents

a. The foster care social worker shall review the child/home study reports and other documentary requirements within 3 working days for inclusion in inter-regional matching.

b. The National Foster Care Committee members shall be provided with copies of the Home/Child Study Report and other supporting documents at least three (3) working days before the matching schedule.

c. Each of the social workers of the child and of the foster parents must present the case in the matching conference in the Central Office.

d. After a child is matched with the family a Resolution declaring the match shall be recommended to the Director of Special Operations for Adoption and Social Welfare Attache Office together with a Certificate of Matching where all members of the National Foster Care Committee have signed. If in order and if the Director agrees to the decision based on her review, the Director approves by signing the Certificate of Matching. The foster care social worker will inform the concerned DSWD Field Office/s, copy furnished CCAs/CPAs concerned on the result of the matching within one (1) day.

 However, if the Undersecretary for Operations and Programs Group did not concur with the provision in the Resolution; the Undersecretary could render a decision based on his/her judgment. He/she may call for a case conference involving professionals or disciplines or representative/s of an office or offices to discuss to issues on the case and render his/her decision thereafter.

e. The foster family shall submit an acceptance letter addressed to the Director within one (1) day. Once accepted by the foster family, the Foster Placement Authority shall be issued within 5 days. The Foster Placement Authority shall be approved by Undersecretary of Operations and Programs Group (OPG), which shall be issued to Field Office concerned. caITAC

 In case the foster family declines the proposed placement, they will be required to explain in writing the reasons for not accepting the child. If valid, they shall continue to be included in the roster of the available foster families. However, should they refuse the child matched with them with no valid or sufficient reasons, they shall subject for re-assessment of the social workers before being considered for another matching.

f. The Field Office/Agency shall then conduct a discharge conference to brief the foster parent(s) on the needs of the foster child, and turn over custody of the foster child to the foster parent(s).

 The FPA shall remain valid for not more than one year, but may be renewed upon expiration based on the assessment and recommendation of the social worker. If the child needs to stay longer under foster care, then the social worker shall facilitate the renewal of the Foster Placement Authority for another six months or a maximum of one year depending on the needs of the child.

Emergency Placement

 Matching may be dispensed with in case of emergency such as, but not limited to the following:

a. The child is found during late hours of the evening or during the weekend;

b. The child is displaced due to disaster or armed conflict;

c. The child needs immediate medical attention; or

d. The child is at risk of further neglect, physical and/or sexual abuse and maltreatment by his or her parent/guardian or custodian.

In such instance, the following steps shall be observed:

i. The Social Worker shall place the child with a licensed foster parent(s) in the area. If there is no available license Foster Parent in the area; the social worker shall place the child with potential Foster Parent(s) identified with assistance of barangay officials and/or the LCPC.

ii. Within twenty-four hours from the emergency placement, the Social Worker of the Agency shall report the placement to his/her superior for confirmation. The superior of the Social Worker shall then inform the Field Office within forty-eight hours.

iii. Within seventy-two hours from the placement, the Social Worker shall conduct an evaluation to determine whether or not the foster child should remain with the/or potential foster parent.

iv. Within one week from the emergency placement, the potential foster parent(s) having the child's custody under emergency placement, if interested to continue his/her such foster care shall apply for Foster Family Care License or Foster Placement Authority (FPA).

v. The foster child shall be transferred to a licensed foster parent(s) immediately when application of foster family is not granted.

2. Foster Children and Foster Parents Assessed for Long-Term Foster Placement

1. Child and Home Study Reports for cases that are recommended for long-term foster placement shall be forwarded to Central Office for presentation in the matching conference to be attended by the National Foster Care Committee.

2. The foster care social worker shall review the child/home study reports and other documentary requirements within 3 working days for inclusion in the matching.

3. The social worker of the child and the foster parents must present the case in the matching conference in the Central Office.

4. The National Foster Care Committee shall recommend regarding its decision on the placement of the foster child with the foster parents for long-term foster placement to the DSWD-Undersecretary for Operations and Programs Group (OPG) for approval of the Long-Term Foster Placement Authority. ICHDca

5. Once approved by the DSWD-Undersecretary for OPG, the Long-Term Foster Placement Authority shall be issued to the concerned Field Office within 5 days.

G. Foster care Committee

1. Agency

 The Agency Foster Care Committee shall have the following functions:

a. Review and deliberate issues attesting the placement of a particular child;

b. Make recommendations to resolve any dispute between and among the agency, the foster parents and the child;

c. Monitor the implementation, review and recommend changes in policies concerning foster care and other matters related to the child's welfare.

d. Submit to the Field Office a monthly report of issues and concerns relative to the implementation of the Foster Care Act of 2012; and

e. Perform such other functions and duties as may be prescribed by the Agency.

 The Agency Foster Care Committee shall be composed of the following members:

1. A registered social worker of the Agency whose expertise is on child welfare cases;

2. A lawyer specializing on child and youth welfare cases;

3. A pediatrician;

4. A Psychologist/Psychiatrist;

 A representative of the DSWD Field Office may be present by invitation from the Agency, when such presence is necessary. However, the FO may opt to be present in the Agency's foster care matching conference as part of its oversight monitoring, regulatory and technical assistance functions.

 For every matching conference; there must be a quorum among the Foster Care Committee members (at least 3 members out of 4 members). Provided further that member should be present are those that could provide significant contribution to the matching based on the needs and circumstances of the child (e.g., pediatrician if there is a medical concern on the case).

 The Agency shall identify their respective alternates to ensure that matching can be conducted anytime the child/ren is/are available for matching.

 The Agency shall likewise issue an authority to the membership to the Foster Care Committee for a term of two (2) years, which may be renewed for another term.

2. Field Office

 The Regional Child Welfare Specialist Group (RCWSG) of the DSWD Field Office with the agreement of its members shall serve as the Regional Foster Care Committee which shall have the following functions:

a. Review and deliberate issues affecting the placement of a particular child;

b. Make recommendations to resolve any dispute between and among the agency, the foster parents and the child;

c. Monitor the implementation, review and recommend changes in policies concerning foster care and other matters related to the child's welfare.

d. Submit to the Central Office a monthly report of issues and concerns relative to the implementation of the Foster Care Act of 2012; and

e. Perform such other functions and duties as may be prescribed by the FO.

 The Regional Foster Care Committee shall be composed of the following members:

a. A registered social worker of the Field Office whose expertise is on child welfare cases;

b. A lawyer specializing on child and youth welfare cases;

c. A pediatrician;

d. A Psychologist/Psychiatrist;

e. A representative of non-government organization (endorsed by the Association of Child Caring Agencies of the Philippines).

 The Field Office shall identify their respective alternates to ensure that matching can be conducted anytime the child/ren is/are available for matching. ASEcHI

 The Field Office shall likewise issue an authority to their membership to the Regional Child Welfare Specialist Group either for DSWD or Non-DSWD personnel who shall serve for a term of two (2) years, which may be renewed for another term.

 For the matching conference to proceed, there must be a quorum among the Foster Care Committee members (3 members out of 5).

 Only the Regional Foster Care Committee members who are not employees of the Department shall be entitled to an honorarium of One Thousand and Five Hundred Pesos (Php1,500.00) for every meeting which should not exceed for four (4) meetings a month.

 The Adoption Resource and Referral Section shall serve as the Secretariat during the foster care matching.

 The social worker representative from the Department shall act as the Presiding Officer/Chairperson during the regional and inter-regional matching.

3. DSWD-Special Operations: Adoption and SWATO

 The National Child Welfare Specialist Group, with the agreement of its members shall serve as the National Foster Care Committee which shall have the following functions:

a. Review and deliberate issues affecting the placement of a particular child:

b. Make recommendations to resolve any dispute between and among the agency, the foster parents and the child;

c. Monitor the implementation, review and recommend changes in policies concerning foster care and other matters related to the child's welfare.

d. Submit to the Secretary of the Department and to the Congress an annual report of the policies, programs and activities relative to the implementation of the Foster Care Act of 2012: and

e. Perform such other functions and duties as may be prescribed by the Department.

 The National Foster Care Committee shall be composed of the following members:

a. A registered social worker of the Department whose expertise is on child welfare cases;

b. A lawyer specializing on child and youth welfare cases;

c. A pediatrician;

d. A Psychologist/Psychiatrist;

e. A representative of non-government organization.

 The Department shall identify their respective alternates to ensure that matching can be conducted anytime the child/ren is/are available for matching.

 The Department shall likewise issue an authority to their membership to the National Foster Care Committee either for DSWD or Non-DSWD personnel who shall serve for a term of two (2) years, which may be renewed for another term.

 For the matching conference to proceed, there must be a quorum among the Foster Care Committee members (3 members out of 5).

 Only the National Foster Care Committee members who are not employees of the Department shall be entitled to an honorarium of Three Thousand Pesos (Php3,000.00) for every meeting which should not exceed for four (4) meetings a month.

 To avoid the delay or postponement of the matching, an alternate for each National Foster Care Committee member should be identified.

 The matching conference shall be conducted at least once a month and more as the need arises.

 The social worker of the child and foster parents must attend the matching conference in the Central office to present the case.

 The social worker representative from the Department shall act as the Presiding Officer/Chairperson during the regional and inter-regional matching. ITAaHc

H. Supervision of Foster Care Placement

a. Supervision of Foster Care Placement begins as soon as the foster parent(s) receives the foster child into his/her care. The Social Worker shall:

1. Conduct home visits, monthly or more frequent as needed for the first three months and bi-monthly thereafter, to monitor the foster child's adjustment in the foster home, and

2. If the matching is conducted in the agency, the social worker of child placing agency shall submit a quarterly progress reports to the Regional Director of the Field Office signed by the social worker and approved by the Executive Director.

3. If the matching is conducted in the region, the FO foster care social worker shall monitor and submit a quarterly progress reports to the Regional Director copy furnish the agency/DSWD residential care facility where the child came from.

4. If the matching is conducted in the Central Office, the social worker of the foster parents either Field Office of child placing agency shall submit a quarterly progress reports to Special Operations for Adoption and Social Welfare Attache Office copy furnish the agency/DSWD residential care facility where the child came from or FO if the foster parents came from the agency.

b. If a child coming from a DSWD-run residential care facility e.g., RSCC, is matched to a licensed foster parent(s) developed by the Adopting Resource and Referral Section (ARRS), the ARRS social worker shall be the case worker of the foster family and the child, hence shall conduct a regular monitoring visit on the placement of the child to foster family. The ARRS social worker shall provide a report to the Head of the residential care facility on the status of the placement of the child to the foster family. Same procedure will apply if a child from a residential care facility is matched to a foster family developed by an Agency; the social worker of the foster family shall be the case worker for the family and the child matched to them, hence, shall monitor the placement and submit a monitoring report to the FO through his/her agency.

 If the child under foster care is not yet eligible for adoption while under the custody of foster family, the FO shall refer either to RSCC, LGU or Agency for processing the petition or application of CDCLAA.

c. The foster parent(s) shall, within 24 hours, report incident of death, injury, run away of or to a foster child to the Agency or the Field Office. The Agency shall report the incident to Field Office within 24 hours after receiving the report of the foster parent(s). The Field Office shall report the incident to the Secretary immediately after receiving the report of the Agency, copy furnished the Special Operations: Adoption and Social Welfare Attache Office.

d. During supervision of the child and foster home, the Social Worker should ensure that the necessary services are provided to the child as follows:

a. Health Services,

b. Education,

c. Therapy, and

d. Behavioral Management.

e. The Social Worker shall be made aware of the family's need for gratification from the placement experience, and must give support and encouragement through recognizing the natural feelings and frustration, discouragement and irritation which sometimes arise in taking care of a child.

 Although service to foster parent(s) is carried out in behalf of the child, the foster parent(s) can best use help when they are regarded as individuals in their own right and there is understanding and acceptance of their needs and values.

 It is equally important to provide foster parent(s) with opportunities to express their negative feelings on the behavior of the child as well as their affection and satisfactions. The Social Worker should encourage the foster families to express these either through their regular meetings or through their stress debriefing sessions. CHTAIc

I. Travel of Foster Child Outside the Country

1. The social worker shall assess the request of the foster family to bring the foster child outside the country. This request shall be approved by the Regional Director.

2. The child is allowed to travel outside the country together with the foster parents only when assessment and recommendation made by the social worker is approved by the Regional Director.

3. The travel clearance permit to be granted shall be limited to one-time travel only provided that the foster child has been issued a certification declaring legally available for adoption.

4. The foster parents shall submit an Affidavit to the Regional Director before leaving the country stating that after the travel they will report to DSWD and present the child to the social worker handling the case of Minor Travelling Abroad (MTA) Unit immediately.

5. The foster parents shall report to the foster care social worker and Unit Head after their return to the Philippines.

6. The managing social worker through the Unit Head and Division Chief shall report to the Regional Director in writing the return of the child to the country within five (5) working days from the date the child was present to the social worker.

J. Termination of Placement

1. Placement shall automatically terminate upon the occurrence of any of the following:

a. Death of the child;

b. Death of both Foster Parents;

c. The child reaches the age of majority; or

d. Expiration of FPA

2. Upon report of any interested person including application by the foster child, and subject to validation and recommendation by the Social Worker, the Field Office, may termination the placement based on the following circumstances.

a. The child has been returned to the biological parents or relatives, provided the same is in the best interest of the child;

b. The Department determines that transferring the child to another Foster Parent(s) would be in the best interest of the child;

c. The child has been placed for adoption;

d. Any provision of the FPA has been violated;

e. The foster parent(s) become unwilling, or otherwise unable to care for the child; or

f. The foster child's placement becomes prejudicial to the welfare of the child, such as, but not limited to, abandonment, maltreatment, sexual assault, violence or other form of abuse or exploitation of the foster child, in which case the Department may immediately take custody of the foster child, without prejudice to the subsequent placement of the foster child.

 When a foster child applies for termination of the placement, the Social Worker shall, within 15 working days from notice of such application, assess the situation and submit a report and recommendation to the Field Office.

3. Termination of Foster Placement Authority

a. In case of disruption in the foster care placement due to problems arising either or both on the part of the child/or foster family, the placement may be terminated. The foster care placement of the child shall be discontinued if it appears that the child is not being given proper care, at the child's own request, or at the instance of the person receiving the child. When possible the foster family shall participate fully in planning for transfer of the child from their home.

 The task of the social worker includes the following:

1. Evaluation of the request from the foster family for transfer/termination of placement of the child;

2. Exploration of alternatives to termination; and/or

3. Preparation of all concerned individuals especially the foster child on the need for termination of his/her stay with the foster family.

b. When the termination of placement is done by the DSWD/child placing agency, the social worker shall undertake the following:

1. Discuss with the foster family and child (consider his/her age and maturity) the reasons and circumstances for the foster child's transfer/termination and future plans for him/her.

2. Adequate psychosocial preparation of the foster family and the foster child for their/his/her transfer.

3. Plan with the foster family on the willingness of the members to accept (a) foster child/ren in the future should the termination of foster care be requested by the foster parents or when the termination comes ahead of the expiration provided that the foster parent/s is/are still qualified to render foster care.

IX. Long-Term Foster Placement

A. Long-Term Foster Placement Authority

1. A foster parent(s) may apply for Long-Term Foster Placement Authority (LTFPA), without prejudice to the foster child's right to be considered and placed for adoption. A foster parent(s) may apply for an LTFPA if all of the following conditions are present:

a. The foster child has been under the foster care of the foster parent(s) for at least seven years:

b. The foster child's return to his biological parents or relatives or placement in an adoptive family is not imminent, such as in cases of a foster child with special needs;

c. For the entire duration of the long-term foster placement, the foster parent(s) continues to possess the:

c.1. qualifications required under the Act; and DHITCc

c.2. a valid Foster Family Care License.

d. If the foster child is 10 years of age or older, the foster child duly assisted by a social worker, gives written consent for a long-term stay with the foster parents.

2. The Social Worker shall continue to supervise the placement, however, the Field Office may adjust the frequency of home visits and submission of progress reports depending an the circumstances and best interest of the child. In addition, the Department shall reassess and reevaluate the foster home situation every three years to determine whether it is in the best interest of the foster child to continue living in the foster home on a long-term basis.

3. An LTFPA grants the foster parent(s) custody over the foster child but does not require the foster parent(s) to adopt the foster child. During long-term foster placement, the foster child shall enjoy the rights of a child under Article 3 of the Child and Youth Welfare Code, and under other laws. However, there shall be no mandatory rights of succession in favor of the foster Child.

4. The foster child shall continue to be included in the roster of children available for adoption but the foster parent(s) shall be given priority in adopting the child. For this purpose, the Department shall:

a. continuously encourage the foster parent(s) to consider adopting the foster child, and

b. at the end of each year of the long-term placement, determine if the foster parent(s) is interested in adopting the foster child.

5. The LTFPA shall remain valid unless and until revoked on any grounds for the termination of placement.

B. Long-Term Foster Care Commitment

1. Foster Parent/s should inform the DSWD before unilaterally terminates the LTFPA so that a case conference will be conducted for case planning.

2. A foster parent(s) who unilaterally terminates the LTFPA before the foster child reaches the age of majority or finishes tertiary education shall be required to make provisions for the education any basic needs of the foster child.

3. Such provisions shall be made in consultation with the Social Worker and reduced into a notarized written undertaking, a copy of which shall be deposited in the Field Office.

4. Such provisions shall take into account, among others,

a. the standards in which the foster child has been raised or has become accustomed to during the long-term placement,

b. the stability and best interest of the foster child,

c. the needs and any special circumstances of the foster child, and

d. the financial capacity of the foster parent(s).

X. Adoption of a Foster Child

1. A foster family may apply to adopt their foster child to provide him/her a permanent family. The foster care agency shall refer the family to the Department. The Adoption application shall be filed with the Department.

a. Conditions

a.1. A foster parent(s) may adopt the foster Child if the foster child is eligible for adoption and has not yet been matched with an approved adoptive family; provided that the adoption, shall still be governed by R.A. 8552, otherwise known as the "Domestic Adoption Act of 1998," as amended by R.A. 9523, or by R.A. 8043, otherwise known as the Inter-Country Adoption Act of 1995," as amended by R.A. 9523; as the case may be.

a.2. The foster parents may express the intention to adopt the foster child 6 months after the placement of the child to the foster family. Foster parent who is/are (an) "alien" shall ensure compliance to the three (3) year residency requirement under RA 8552 for the adoption of his/her foster child.

a.3. In such cases, the trial custody period under the applicable adoption law may be partially waived to the extent of the period equivalent to the period in which the foster child has been under the foster care of the foster parent(s); provided, that a harmonious relationship exists between the foster child, foster parent(s), and where applicable, the foster family.

2. Foster parent(s) shall be kept informed of any changes in the status and on permanent plans for their foster child. This will further help the foster family and the child to prepare them for the eventual separation. cEaSHC

a. Child Return to Home. The Social Worker conducts a thorough assessment of the parenting capability of the child's biological family to determine their capacity to resume parental authority.

i. The return of the child to his/her own home shall only be possible under the following circumstances:

a) The biological parents are now able to adequately provide for the child's needs.

b) Conditions in the home are favorable to a child's total development.

c) Child has been prepared emotionally, psychologically and socially to reintegrate with his/her family.

ii. The return of the child to his/her own home shall not be favorable under the following circumstances:

a) The child strongly objects to returning home.

b) The biological parents cannot provide adequately for the child's needs.

c) The biological parents are not interested to have their child back due to reasons like decisions to relinquish their parental rights over their child, etc.

3. The Social Worker shall facilitate the termination of the parental rights of biological parents whose children under Foster Care cannot and will not be returned to their homes due to unfavorable conditions/findings.

For the process of certifying a child legally available for adoption, procedures indicated in AO 12, Series of 2011, Guidelines of the Issuance of DSWD Certification Declaring a Child Legally Available for Adoption, shall apply.

2.  n A child who is ten years old or above and available for adoption shall be involved in the decision of whether or not the adoption is the best plan for him/her.

3. n The Social Worker shall help the child understand his/her biological parent(s)' inability to care for him/her, and shall also be helped with his/her feelings about the planned change.

XI. Assistance and Incentives

A. Assistance to a Foster Child

1. Foster Care Subsidy

a. Field Offices

 The following are the procedures for the sub-allotment of funds for the foster care subsidy to the Field Offices:

1. The Field Office shall include in the Work and Financial Plan the proposed budget on Foster Care, subject to the approval of the Central Office depending on the availability of funds.

2. The Field Office shall submit a monthly/quarterly/annually utilization report on the subsidy to the Special Operations for Adoption and Social Welfare Attache Office.

b. DSWD — Special Operations: Adoption and Social Welfare Attache Office

1. The Special Operation for Adoption and Social Welfare Attache Office shall include in the Department's Work and Financial Plan the budget on foster care. The allocation per region will depend on the number of foster children and foster parents needing subsidy.

2. The Special Operations for Adoption and Social Welfare Attache Office shall assess any request on fund augmentation based on needs and availability of funds.

c. Agency

 Foster care children under the care of foster families developed by child placing agencies shall be provided foster care subsidy guided by the following procedures.

1. The Agency shall submit to the Field Office the names of the foster children needing subsidy and their recommendation, subject to the assessment and approval of the FO.

2. The monthly provision of subsidy shall be released directly to the foster parents intended for the foster child/ren under their care. CTIEac

3. The DSWD shall provide the subsidy for foster children while the Agency shall subsidize eligible foster parents.

4. The venue for the release of financial assistance is either at the Field Office or at the Agency.

5. The Agency shall submit a monthly report to the FO for the utilization of funds including receipts, medical certificate for children with special needs who received the subsidy, and other documents supporting the expenses using the subsidy.

 The following are the requirements for the disbursement of funds for the subsidy:

1. Foster Care License

2. Foster Placement Authority

3. Project Proposal (the project proposal should indicate that it is intended for the payment of subsidy, number of recipients, amount of subsidy, requirements and their recommendation/reasons for the provision of subsidy).

4. Document showing the approved list of eligible clients for foster care.

 It shall be the responsibility of the FO and the Agency to ensure that the reports on the interventions done shall be kept on file to show that the foster care subsidy was spent for the purpose it was intended.

 The provision of subsidy is retroactive from January 1, 2014 depending on the availability of funds from the FOs.

 The amount of subsidy for foster children and foster family from the Field Office, LGU and Agency is based on the approved parameters of the Department.

2. Health Insurance

a. All foster children including those abandoned, surrendered, neglected, orphaned, abused, exploited, subjected to difficult circumstances like calamities and armed conflict, and with special needs, who have been under the custody of the DSWD shall be accepted as qualified dependents of PhilHealth members who have become licensed foster parents.

b. The foster family may avail of services of Philhealth for the child/ren under his/her/their care as approved by Philhealth.

c. All licensed foster parent/s who are still non-PhilHealth Members, must enroll with PhilHealth and must pay the required premium contribution to ensure the foster child's health insurance benefits as provided for in Article VIII, Rule 22.2 of the Implementing Rules and Regulations of the Foster Care Act of 2012. The foster parent shall pay the monthly contribution to PhilHealth.

d. All existing rules and regulations for the benefit of the qualified dependents shall also be applied to/enjoyed by the declared foster child dependent.

e. If the foster parent(s) has been included in the National Household Targetting System-Poverty Reduction (NHTS-PR) Database, he/she shall be exempt from paying the usual PhilHealth contribution.

B. Assistance and Incentives to Foster Parent:

1. Support Care Services

a. The Department, LSWDO and Agencies shall provide support care services to foster parent(s).

b. These support care services shall include, but not limited to, recruitment and orientation of foster parent(s), counseling, monitoring visits, training on child care and development, respite care, skills training, and livelihood assistance.

2. Additional Exemption for Dependents

b.  n A foster parent(s) shall be allowed an additional tax exemption of Twenty Five Thousand Pesos (P250,000.00) for each qualified dependent including the foster child/ren. Provided, however, that the total number of dependents, including the foster child qualified as a dependent for which additional exemptions may be claimed as a dependent for which additional exemptions may be claimed shall not exceed four, as provided by Republic Act No. 9504. SaCIDT

c. The Php25,000.00 additional tax exemption for a foster child shall be allowed only if period of foster care is at least a continuous period of one taxable year.

d. Only one foster parent can treat the foster child as a dependent for a particular taxable year. As such, no other parent or foster parent can claim the said child as dependent for the period.

C. Incentives to Agencies — Agencies shall be entitled to the following incentives:

1. Exemption from Income Tax — Agencies shall be exempt from income tax on income derived by it as such organisation pursuant to Section 30 of the NIRC of 1997, as implemented by Revenue Regulations No. 13-98.

2. Qualification as Donee Institution — Agencies can also apply for qualification as done institutions.

D. Incentives to Donors — Donors of an Agency shall be entitled to the following:

1. Allowable Deductions — Donors shall be granted allowable deductions from their gross income to the extent of the amount donated to Agencies in accordance with Section 34(H) of the NIRC.

2. Exemption from Donor's tax — Donors shall be exempted from Donor's Tax under Section 101 of the NIRC;Provided, that not more than 30% of the amount of donations shall be spent for administrative expenses.

XII. Institutional Arrangements

1. Municipal Social Welfare and Development Office (MSWDO)/City Social Welfare and Development Office (CSWDO) — Local Government Units

1.1 Assign at least one Social Worker to handle recruitment of families, advocacy and public dissemination on foster care.

1.2 Conduct consultative meeting in the barangays to generate public support on foster care and other forms of alternative family care.

1.3 Strengthen the Local Council for the Protection of Children at the City/Municipal and barangay levels towards promoting foster care program. Identification of potential families to foster children and in the detection of children eligible for foster care.

1.4 Participate and present case/s handled in the foster care matching conference.

1.5 Conduct regular home visits to monitor foster placement.

1.6 Submit reports to Field Office on quarterly basis on progress of foster placement.

1.7 Provide support services to both foster parent and foster child.

1.8 Participate in the evaluation of the service/program.

2. Agency

2.1 Assign one Social Worker with a caseload in foster care and/or manage the service/program.

2.2 Recruit/assess/recommend foster families.

2.3 Conduct matching of children from child caring agencies with foster families.

2.4 Supervise/monitor foster placement on a quarterly basis.

2.5 Prepare appropriate reports and submit to the Field Office.

2.6 Participate in the evaluation of the service/program.

3. DSWD-Field Office

The Foster Care Section of DSWD Field Office shall have a minimum of six staff, headed by at least Social Welfare Officer III, four Social Welfare Officers II (2 SWOs II for Foster Care Facilitation and Coordination Unit and 2 SWOs II for Policy and Program Development and TARA Unit) and one Administrative staff. The number of staff may be increased according to the volume of cases that the FO receives and supervises/monitor.

The Foster Care Section staff shall perform the following functions:

3.1 Provide technical assistance and monitor the implementation of the program.

3.2 Conduct regional matching of children with foster families.

3.3 Conduct Licensing assessment for foster care applicant.

3.4 Issue Foster Care License to qualified families and Foster Placement Authority for approved foster placement.

3.5 Manage the allocation, disbursement and reporting of funds for the program. cHECAS

3.6 Prepare and submit periodic reports on program implementation.

3.7 Engage appropriate entities as partners, if any to ensure support and commitment.

3.8 Document good practices in the implementation of the program.

3.9 Install and manage a databank on cases in foster care.

3.10 Approve request for and release subsidy for foster care subject to existing government accounting and auditing rules and regulations and to the provisions of these guidelines.

3.11 Conduct regular foster care for a/seminars

3.12 Conduct capability building activities for foster parents

3.13 Conduct quarterly consultation dialogue with LGUs, CCAS, CPAs and other stakeholders towards improving foster care service/program.

4. DSWD — Special Operations: Adoption and Social Welfare Attache Office

The DSWD Central Office through the Special Operations: Adoption and Social Welfare Attache Office shall manage and supervise the Foster Care Division. There shall be a minimum of six staff in Foster Care Division, headed by one Social Welfare Officer IV, four Social Welfare Officers III (2 SWOs III for Foster Care Facilitation and Coordination Unit and 2 SWOs II for Policy and Program Development and TARA Unit) and one Administrative staff. The number of staff may be increased according to the volume of cases that the Central Office receives and supervises/monitor.

The Foster Care Division staff shall perform the following functions:

4.1 Oversee the over-all implementation of the project.

4.2 Provide the necessary technical assistance to Field Offices.

4.3 Conduct inter-regional matching of children with foster families.

4.4 Monitor program implementation as well as fund utilization.

4.5 Sub-allot funds to Field Offices.

4.6 Install and manage a databank on cases in foster care.

4.7 Conduct periodic reviewing program implementation.

4.8 Prepare national report on the implementation of foster care service.

XIII. Effectivity

This Administrative Order shall take effect immediately.

Issued this 13th day of October, 2014 in Quezon City, Philippines.

(SGD.) CORAZON JULIANO-SOLIMANSecretary

APPENDIX A

Annexes to Administrative Order

Documentary Requirements

A. Foster Parent/s

1. Birth Certificate

2. Marriage Certificate, Divorce Annulment, Declaration of Nullity of legal separation documents,

3. Medical Certificate,

4. Income Tax Return or Certificate of Employment,

5. National Bureau of Investigation (NBI) Clearance or Police Clearance,

6. Barangay Certificate stating that the applicant is a resident of the barangay, the length of his/her residence therein, he/she is of good moral character.

7. 3x5 inch sized Whole Body Photos of the applicant and, where applicable, his family; and/or

8. Certificate of Attendance at Foster Care Forum

9. Such other documents that the Department, Agency, or LGU may require.

Additional requirements for alien applicants:

1. Certificate of Residence in the Philippines issued by the Bureau of Immigration or the Department of Foreign Affairs.

2. Two (2) character references from non-relatives who know 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 15 years. cAaDHT

B. Foster Child

1. Child Study Report

2. Health and Medical Profile

3. Birth Certificate/Foundling Certificate/Child Profile

4. Recent Photograph

5. Psychological Evaluation for children five years old and above

APPENDIX B

Foster Family Care

Application Form

Identifying Data:

Household Composition: (List of all persons living with family)

 

Kindly check your available time for forum

Weekdays	Saturday
[ ] 9:00AM – 11:00AM	[ ] 9:00AM – 11:00AM	Other Specify:
[ ] 2:00PM – 4:00PM	[ ] 2:00PM – 4:00AM	__________

 

Please give three (3) character reference:

 

Please attach latest picture of the couple.

 

Note: to be filled up by the social worker

 

Recommending Approval:

_______________________

Approved:

___________________________________________

APPENDIX C

Foster Family Care License

Pursuant to the provisions of Article 67, Presidential Decree 603 known as the Child and Youth Welfare Code and Republic Act No. 10165 or the Foster Care Act of 2012, the Department of Social Welfare and Development Field Office _____ authority is hereby granted to Mr./Mrs./Ms. _____________________________________________________, (Name of Foster Parents) with residence at ______________________________ (Address) as licensed FOSTER PARENTS. The spouses/he/she shall provide temporary foster care service to a maximum of _______________________ child/ren, ages ______ years at any stated time. The foster parents are responsible for the care, safety and well being of the child/ren under their custody, which includes appropriate medical assistance regular reporting on any significant occurrence or events to the attending social worker. During the period, the foster parents will assist in the adjustment and activities which will encourage the early return of the child/ren to his parents, relatives, guardians or placement with adoptive parents.

The Foster Family Care License shall be valid for there (3) years, unless sooner revoked, but may be renewed upon expiration.

The validity period of Foster Family Care License is from ___________ until __________.

Given this ______________________ day of ___________________ the year of 20 _____.

CONFORME:

We accept responsibility and accountability stipulated in the license.

_________________________	_________________________
Male Foster Parent	Female Foster Parent

 

Recommending Approval:

_________________________	_________________________________
Executive Director of Agency	Chief, DSWD Regional Operations Unit
	Approved by:
	_________________________________
	Regional Director
	DSWD
Foster Care License No. _______

 

APPENDIX D

Certificate of Foster Matching

Regional Foster Care

This is to certify that ____________________ (Name of child), _______ (Age), ________ (Date of Birth), was matched to ___________________ (Name of Foster Parent/s), _________________________ (Address), during the foster care matching conference held on _________ (Date), at ____________________________ (venue of foster care matching). HCaDIS

Hence, the Regional Foster Care Committee recommends the placement of __________________ (Name of Child) to ______________________ (Name of Foster Parent/s) and issuance of Foster Placement Authority (FPA).

Issued on ______ of ____________, 20 ____ in ____________, Philippines.

____________________________

The undersigned concurred with/approved the result of matching of _________________________________ (Name of Child to Name of Foster Parents) on _____________________.

Signed on _____ day of ______ in Quezon City, Philippines.

____________________________

APPENDIX E

Certificate of Poster Matching

Interregional Foster Care

This is to certify that the ___________________________________ (Name of child), _________ (Age), _________________________ (Date of Birth), was matched to ___________________________ (Name of Foster Parents), _________________________ (Address), during the foster care matching conference held on __________ (Date) at _______________.

 

Anent, the Interregional Foster Care Committee recommends the placement of ______________________ (Name of Child), to _____________________ (Name of Foster Parents), and issuance of Foster Placement Authority (FPA).

Issued on _____ of ________, 20 ____ in __________, Philippines.

____________________________

The undersigned concurred with/approved the result of matching of _________________________________ (Name of Child to Name of Foster Parents) on _____________________.

Signed on _____ day of ______ in Quezon City, Philippines.

_________________________________

APPENDIX F

Republic of the Philippines

Foster Placement Authority

Pursuant to the provisions of Article 67, Presidential Decree 603 known as the Child and Youth Welfare Code and Republic Act No. 10165 or the Foster Care Act of 2012, the Department of Social Welfare and Development Field Office _______________________ hereby authorizes the placement of ___________________________________________________________ (Name of Child), born on _______________________________________________________ (child's birth date), with Mr./Mrs./Ms. ________________________________________________ (Name of Foster Parent/s), ______________________________________________________ (Address), With Foster Family Care License No. ______________________ valid from _____________ to ________________ for the purpose of providing temporary care for the above-cited child/ren from ______________ to ______________.

This foster care placement is subject to the following conditions: AHCETa

1. The foster care placement may be terminated earlier for the best interest of the child.

2. The foster family shall be responsible for the care, safety, medical attention and emotional well-being of the child.

3. The foster family is not authorized to transfer the foster child to another family or person without prior written authority from the undersigned, except in extreme situations when the life of the child is in danger in which case, authority shall be sought immediately.

4. The foster family shall report about the situation of the child immediately or anytime to the assigned social worker when changes in the home and family occur or when problems arise related to the placement of the child.

5. The foster family shall be visited by the social worker monthly for the first three (3) months and bi-monthly thereafter to monitor the foster child's adjustment with the foster home.

6. The social worker shall arrange the meeting of the foster parents and biological parents or prospective adoptive parents when necessary.

7. The foster family shall encourage the foster child to relate with his/her biological or prospective adoptive family, as the case maybe, and shall provide the wholesome atmosphere to establish relationships.

8. The foster parents may return the child to the Department of Social Welfare and Development even before the end of the date stated herein depending on the assessment of the social worker.

9. The foster family shall prepare the child for his/her return to his/her biological parents or placement to his/her adoptive parents.

10. The foster family shall accompany the foster child to the court only when authorized in writing by the Department or the Executive Director of the Agency as part of court proceedings.

11. The foster family may be allowed to bring their foster child abroad only when the child has been issued a Certification Declaring a Child as Legally Available for Adoption (CDCLAA) and the child has been issued travel clearance by the Department.

12. The foster family shall not use foster care as a trial placement for adoption however, they may adopt their foster child following the conditions under RA 10165 Article VI.

CONFORME

We accept responsibility and accountability indicated in this authority, as such, shall comply accordingly.

_____________________________	_____________________________
Male Foster Parent	Female Foster Parent
(Signature Over Printed Name)	(Signature Over Printed Name)

 

Recommending Approval:

_____________________________	_____________________________
Social Worker	Executive Director of Agency/
(Signature Over Printed Name)	Chief, DSWD Regional Operations Unit

 

Approved:

____________________________

Date Issued: ________________

APPENDIX G

Republic of the Philippines

Foster Placement Authority

Pursuant to the provisions of Article 67, Presidential Decree 603 known as the Child and Youth Welfare Code and Republic Act No. 10165 or the Foster Care Act of 2012, the Department of Social Welfare and Development Field Office _______________________ hereby authorizes the placement of ___________________________________________________________ (Name of Child), born on _______________________________________________________ (child's birth date), with Mr./Mrs./Ms. ________________________________________________ (Name of Foster Parent/s), ______________________________________________________ (Address), With Foster Family Care License No. ______________________ valid from _____________ to ________________ for the purpose of providing temporary care for the above-cited child/ren from ______________ to ______________.

This foster care placement is subject to the following conditions: ScHADI

1. The foster care placement maybe terminated earlier for the best interest of the child.

2. The foster family shall be responsible for the care, safety, medical attention and emotional well-being of the child.

3. The foster family is not authorized to transfer the foster child to another family or person without prior written authority from the undersigned, except in extreme situations when the life of the child is in danger in which case, authority shall be sought immediately.

4. The foster family shall report about the situation of the child immediately or anytime to the assigned social worker when changes in the home and family occur or when problems arise related to the placement of the child.

5. The foster family shall be visited by the social worker monthly for the first three (3) months and bi-monthly thereafter to monitor the foster child's adjustment with the foster home.

6. The social worker shall arrange the meeting of the foster parents and biological parents or prospective adoptive parents when necessary.

7. The foster family shall encourage the foster child to relate with his/her biological or prospective adoptive family, as the case maybe, and shall provide the wholesome atmosphere to establish relationships.

8. The foster parents may return the child to the Department of Social Welfare and Development even before the end of the date stated herein depending on the assessment of the social worker.

9. The foster family shall prepare the child for his/her return to his/her biological parents or placement to his/her adoptive parents.

10. The foster family shall accompany the foster child to the court only when authorized in writing by the Department or the Executive Director of the Agency as part of court proceedings.

11. The foster family may be allowed to bring their foster child abroad only when the child has been issued a Certification Declaring a Child as Legally Available for Adoption (CDCLAA) and the child has been issued travel clearance by the Department.

12. The foster family shall not use foster care as a trial placement for adoption however, they may adopt their foster child following the conditions under RA 10165 Article VI.

CONFORME

We accept responsibility and accountability indicated in this authority, as such, shall comply accordingly.

 

Approved:

_______________________________________

Date Issued: ________________

APPENDIX H

Republic of the Philippines

Long-Term Foster Placement Authority

Pursuant to Article 67 of the Child and Youth Welfare Code (PD 603) and Republic Act No. 10165 or the Foster care Act of 2012, the Department of Social Welfare and Development Field Office __________ hereby authorizes the long term foster placement of _______________________________ (Name of child), born on _________________________ (Date of birth), with Mr./Mrs./Ms. _________________________________ (Name of Foster Parent/s), residing at ________________________________________ with Foster Family Care License No. ___________ valid from ___________ to ___________ and shall remain valid unless and until revoked based on any of the grounds for the termination of placement under Rule 15 of the Foster Care Act of 2012. aICcHA

This placement is subject to the following conditions:

1. That Mr./Mrs./Ms. _____________________________ (Name of Foster Parent/s), shall continue to possess the qualifications required under the Act, with a valid Foster Family Care License on the entire duration of the long term foster placement;

2. That ______________________________ (the foster child), _____ (age), if reaches 10 years of age gives his/her written consent for the continuous long-term stay with his/her Foster Parents, duly assisted by a social worker;

3. That the Foster Parents shall allow the continuous supervision of the placement by the social worker for the entire duration of the placement. However, the DSWD Field Office may adjust the frequency of the home visits and submission of progress reports depending on the circumstances and best interest of the child. In addition, the DSWD shall re-assess and re-evaluate the foster home situation every three (3) years to determine whether it is in the best interest of the Foster Child to continue living in the foster home on a long-term basis.

4. That the Long Term Foster Placement Authority (LTFPA) grants the Foster Parents custody over the Foster Child but does not require the Foster Parents to adopt the Foster Child. During long-term foster placement, the Foster Child shall enjoy the rights of a child under Article 3 of the Child and Youth Welfare Code, and under other applicable laws.

5. That the Foster Parent/s agree/s that the foster child shall continue to be included in the roster of children available for adoption. If the Foster Parent/s apply/applies for the adoption of their foster child, they shall be given priority in adopting the child.

6. That the Foster Parent/s who unilaterally terminates the LTFPA before the Foster Child reaches the age of majority or finishes tertiary education shall be required to make provisions for the completion of tertiary education and basic needs of the Foster Child.

CONFORME

We accept responsibility and accountability indicated in this LTFPA. As such shall comply accordingly.

 

Approved:

_______________________________________

Date Issued: ______________

APPENDIX I

Report on Foster Placement Supervisory Visit

 

APPENDIX J

Foster Care Process

1. Attendance to foster care forum/seminar

2. Application to DSWD-Field Office/Licensed Foster Care Agencies or Child Placing Agencies (List is with DSWD Field Office or Standards Bureau)

3. Assessment of the applicant/preparation of Home Study Report (by the DSWD-Field Office/child placing agency social worker) IDTSEH

4. Issuance of Foster Family Care License

5. Matching of child to a Foster Family

6. Issuance of Foster Placement Authority

7. Placement of child with foster family

8. Supervision of foster care placement

9. Termination of placement

APPENDIX K

Foster Care Flowchart

APPENDIX L

Home Study Report

I. Identifying Data

• Name

• Age

• Date of Birth

• Place of Birth

• Religion

• Civil Status

• Date and Place of Marriage/No. of Years Marriage

• Citizenship

• Educational Attainment

• Occupation/Position

• Monthly Income

• Address

• Email address

• Contact Number

II. Family Composition

III. Foster Family Background

A. Male Applicant

a) Individual family history of husband

b) Educational background

c) Cultural Origin/background

d) Attitudes and relationship with parents, brothers, sisters and with other relatives and community

e) Significant childhood experiences

f) Pattern of discipline of parents

g) Problem solving and decision making patterns of parents

h) Coping mechanism e.g., frustration tolerance

B. Female Applicant

a) Individual family history of wife

b) Educational background

c) Cultural Origin/background

d) Attitudes and relationship with parents, brothers, sisters and with other relatives and community

e) Significant childhood experiences

f) Pattern of discipline of parents

g) Problem solving and decision making patterns of parents

h) Coping mechanism e.g., frustration tolerance

IV. Motivation for Fostering a Child and Child Preferences

a) Reasons for wanting to foster a relate/non-related child

b) How long has fostering a child been considered? How was decision made? Who made the decision? SICDAa

c) If couple have children, why did they decide to foster a related/non-related child?

d) Feelings and attitudes towards unmarried parents and illegitimate children, about inherited traits and parents relinquishing their children.

e) Plan for foster child

V. Marital and Family Relationship

a) Marital adjustment

b) Parent-child relationship and other family members

c) Communication pattern

d) How time is spent together as a family

e) Willingness to accept a foster child as member of the family.

VI. Parenting Experiences with Children

a) Child rearing practices and benefits of children's needs e.g., discipline, expectations, knowledge and understanding of children

b) Attitudes towards foster children and fostering in general e.g., feelings about fostering

VII. Employment History/Financial Resources

a) Financial stability

1. Management of income, properties

2. Budgeting/savings

3. Other sources of income

4. Assets and liabilities

b) Employment History

VIII. Description of Home and Community

a) Family living conditions

b) Kind of neighborhood i.e., conducive to raise a child, wholesome neighborhood environment, with available area for playing, with clean water, not near the gambling establishment or prostitution areas where the child can possibly be exposed to negative influences

c) Safety measures in the house i.e., house is well ventilated, structure of the house is well built and secured, fire safety measures considered, and the child has no way in getting close or directly go to the streets that would possibly expose him/her to accidents.

IX. Participation in Religious and Community Activities

X. Health Condition of the Couple and Family Members

a) Medical health history

b) Presence of any illness/handicap and treatment therapy

XI. Character References

a) Impression of the foster family's relationship and family life

b) Particular strengths and weaknesses as foster parents

XII. Assessment and Recommendation

a) General assessment of their capabilities to foster a related/non-related child and potentials for parenthood

b) Recommendations for characteristics of a particular child to foster.

APPENDIX M

Child Study Report

I. Identifying Information

• Name

• Sex/Age

• Date of Birth/Found

• Place of Birth/Found

• Source of Referral

• Present Whereabouts

• Date of Admission

• Family Composition

II. Circumstances of Referral — Indicate circumstances surrounding the referral and admission of the Child to the Child Caring Agency e.g., referring parties, reasons for admission, etc.

III. Description of Child Upon Admission — This should cover physical appearance, personality, habits and other significant observations about the child. It should be specific, accurate and factual.

IV. Medical and Development History of the Child — This consists of information on types of immunizations received and dates given, previous illness, treatment and medication and when available, the results of any special medical evaluation.

V. Current Functioning of the Child — This should cover the child's physical, psychological, social developmental functioning/activities of the child e.g., school, center, foster home.

VI. Description of the Child's Present Environment — This includes environment of the child. Significant adults/children interacting with him/her, and disposition of the child towards his foster care. Description of foster family/center where the child came from and his/her functioning/relationship with foster family/center personnel from the time of admission to child's discharge for placement. Stage of development which child went through (by month). Describe mental development, motor development.

VII. Background Information on Child's Parent/s/Family

This tackles pertinent background information on birth family such as:

a) Physical Description

• Physical appearance of birthmother/father, body built, height, complexion, hair, eyes, nose, disability/deformity

• Health History (physical and mental)

- Hereditary/non-hereditary illness/es

- Medication given

- Pre-natal history

b) Education/Occupation/Income and Earnings

c) Psychological background

• Character/trait

• Hobbies, interest, talents

• Quality of intra-familial relationship

• Family dynamics (birthparent's relationship with their children and siblings relationship) relatives

• Childhood experiences of birthparents (positive/negative that may have an impact on quality of parenting)

• Assessment of mental ability — level of intelligence/personality

• Negative history of substance/alcohol abuse, sexual abuse, domestic violence, imprisoned parent/s criminal record

• Quality of child rearing

d) Surrounding circumstance leading to the child's placement under foster care

VIII. Evaluation — Summary statement on why the child's placement under foster care.

IX. Recommendation — Summary statement to indicate the type of foster family/best foster family that would be suitable to the child. 

n Note from the Publisher: Copied verbatim from the official document. Irregular numerical sequence.

n Note from the Publisher: Copied verbatim from the official document.