Noy signs Foster Care Act

MANILA, Philippines - President Aquino has signed the Foster Care Act of 2012, which seeks to systematize and enhance the foster care program in the country.

“The bill will facilitate family care through foster parenting for abused, neglected and abandoned children. Hopefully, it will reduce the number of children on the streets,” Social Welfare Secretary Corazon Soliman said, referring to Republic Act 10165.

She said Aquino signed the measure last June 11.

Foster care refers to the provision of planned temporary parental care to a child below 18 years old by a person duly licensed by Department of Social Welfare and Development (DSWD).

Children who may be entitled to foster care are those with developmental or physical disability, or those who are homeless, victims of armed conflict or trafficking.

Children involved in minor offenses but were released on recognizance may also be given foster care.

Soliman said social workers would first determine the capacity and motivation of applicant-foster parents.

Qualified foster parents, after receiving their licenses, would be made to undergo matching process supervised by DSWD-accredited institutions.

Foster parents may apply for a Long-Term Foster Placement Authority (LTFPA) if the child under their care has been with them for at least seven years.

Soliman said that if a foster parent unilaterally terminates the LTFPA before the child under his or her care reaches the age of maturity or finishes tertiary education, he or she must continue providing for the child’s education and basic needs.

Soliman said a foster child will be entitled to monthly subsidy from the DSWD, and will automatically be a PhilHealth beneficiary of the foster parent. She said the subsidy is aimed at easing the financial burden of foster parents.

The amount of the subsidy will be indicated in the implementing rules and regulations (IRR), according to Soliman.

Foster parents will also be entitled to tax exemption as the foster child shall be identified as their dependent.

DSWD-accredited child-rearing or child-placing institutions and their donors will also receive tax incentives, in accordance with the National Internal Revenue Code of 1997.

The program will have an initial budget of P25 million in 2013.

Soliman said foster parents found neglecting, abusing, or exploiting children under their care shall be penalized in accordance with RA 7610 or “An Act Providing For Stronger Deterrence and Special Protection Against Child Abuse, Exploitation and Discrimination, Providing For its Violation, and for other Purposes.”

“Any person, natural or juridical, other than the foster parent or any agency violating any provision of this Act and its IRR shall be penalized with one year to six years of imprisonment depending on the gravity of the offense, and a fine of not less than P10,000 but not more than P100, 000 or both at the discretion of the court,” the law states.

“If the offender is a public official, a court may impose the additional penalty of disqualification from office in addition to the penalties provided.”