FOSTER

CARE
Republic Act No. 10165
or the Foster Care Act
of 2012

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 Foster Care Act of 2012
“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”

Signed on June 11, 2012 by President

Benigno S. Aquino

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Declaration of
Policy, Section 2:
The State recognizes that:

A child will benefit more from foster care

than institutional care.
To ensure that the foster family shall
provide a wholesome atmosphere to the
foster child.
Every child with an alternative family that
will provide love and care as well as
opportunities for growth and development.”
 What is Foster Care?
Article I, Section 3
Foster Care refers to the
provision of planned
temporary substitute
parental care to a child by
a foster parent.
Who is a Foster Parent?
Article I, Section 3
A person, duly licensed
by the DSWD, to
provide foster care.

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 Sen. Mir
iam Def
her foste ensor to
"We sho r childre
uld make n
foster pa sur
rents are e that
provide t able to
he child
care the un
love, und der their
and secu erstandin
Known politicians their ow
rity as if
n flesh a
th ey are of
g,
nd blood
who are fostering ,”

children
a no t o h e r fo s te r son
Sen. Pia Caye t
in g c a re f o r f o st e r
provid
Cayetano believes m e n t b e c a u se “ th e
r e n is in it s e lf a n invest
chil d e a r a p r od uctive
un ity to r
cost of lost opport c o m p ute.”
so h a r d t o
Filipino is
 Agot
Isidro
Fostering a child
from CRIBS since
July 2012
Gabe
Kristine Mercado
Fostered and eventually
& Oyo adopted his foster child
since 2007

Boy
Sotto
Fostered and They are medium of advocating
eventually adopted
their foster child Foster Care with their immediate
since 2009
access to big networks.

*3
 Foster family care as an
alternative family care has the
following features:

1.It is temporary

2 Goal is the return of the

child to his/her biological
family or preparation for
his/her permanent
placement.

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 DURATION OF
PLACEMENT
1. Emergency Foster
Care – the immediate
placement of a child to
either a licensed or not
licensed foster family due
to the urgent need of the
child to be under
immediate substitute
parental care. Those not
licensed shall be
immediately assessed by
the social worker.
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2) Short Term
Placement

3) Long Term
Placement

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WHO ARE THE CHILDREN
ELIGIBLE FOR FOSTER
PLACEMENT?
Article II, Eligibility
Children from infancy to below 18
years of age who are under any of
the following circumstances:

• Under the custody of DSWD or any

child placement agency and are not
yet legally free for adoption, but
need individual attention in a family
setting.
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• abandoned by parents in
hospitals or other places or
with relatives who are not
qualified or incapable to care
for them
• awaiting adoptive placement
• who need special care and
protection due to sexual or
physical abuse and
• With developmental or physical
disabilities

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 CAN ONE CHOOSE THE
AGE & GENDER OF THE
CHILD ONE SHOULD LIKE
TO FOSTER?
• Yes. The foster families’
preferences in terms of
gender, age & other
information of the child they
wish to foster shall be
considered but the
paramount consideration is
the best welfare & interest of
the child.
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 WHAT ARE THE
QUALIFICATIONS OF A
FOSTER PARENT? Article II,
Section 5
• Of legal age;
• At least 16 years older than the child
unless the foster parent is a relative;
• At least 25 years of age, may either
be married, widowed, separated or
single;
• Must demonstrate financial &
emotional stability;
• foster parents’ family should be in
good health, emotionally stable &
physically fit
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 E T H E
T AR A
WHA I ON S O F
IF I CA T ?
QU AL R E N T
T E R PA
FO S

• Have a genuine interest in parenting

a non-related child and;
• Should be willing to help the child
reunite with his birth family or move
into an adoptive family when the
time comes.

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HOW MANY CHILDREN CAN
ONE TAKE FOR FOSTER?
A licensed foster family shall
take care of a maximum of 2
children under 2 years of age or
3 older children at any given
time except where siblings have
to be together with 1 foster
family.
In case of child with special needs,
only 1 child shall be placed with
a foster family at a time.
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 GROUNDS TO
TERMINATE PLACEMENT
(Section 14)
• Return of the child to his/her biological
family
• Placement for adoption
• Referral to another foster family or
residential/facility/institution
• Death of the child/foster parent
• Expiration of the FPA
• Placement is detrimental/harmful for the
welfare of the child e.g. abuse
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CAN FOSTER PARENTS ADOPT
THEIR FOSTER CHILD/REN?
Section VI

Yes. A foster family may

apply to adopt a
foster child placed
under their care when
the child becomes
legally available for
adoption.

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Assistance and Incentives [Article
VIII, § 21 to 24]

Foster  Subsidy
Children  Health Insurance
Foster  Support Care Services
Parents  Additional Tax Exemption
 Income Tax Exemption
Agencies
 Qualified as Donee
 Allowable Tax Deduction
Donors
 Exempt from Donor’s Tax

FOSTER CARE ACT

 Penalties, Article IX
Section 25. Penalties. –
(a) Any foster parent, found to be
committing any act of neglect, abuse,
cruelty, or exploitation and other
similar acts prejudicial to the child’s
development, shall be penalized in
accordance with Republic Act No. 7610.
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 Penalties, Article IX
Section 25. Penalties. –
(b) An agency which violates Sections 11, 12, 13
or any other provision of this Act and its IRR
shall suffer the following penalties:
(1) For the first violation, a fine of not less than
Twenty-five thousand pesos (PhP 25,000.00)
but not exceeding Fifty thousand pesos (PhP
50,000.00); and
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 Penalties, Article IX
(2) For any subsequent violation, a fine
of not less than Fifty thousand pesos
(PhP 50,000.00) but not exceeding
One hundred thousand pesos (PhP
100,000.00), and revocation of
license to operate.

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 Penalties, Article IX
• (c) 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 imprisonment of one (1) month
to six (6) years, depending on the gravity of the
offense or a fine of not less than Ten thousand
pesos (Php 10,000.00) but not more than One
hundred thousand pesos (PhP 100,000.00), or
both, at the discretion of the court.
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 Penalties, Article IX
(d) If the offender is a public official,
the court may impose the additional
penalty of disqualification from
office in addition to the penalties
provided in the preceding paragraph.

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REQUIRED DOCUMENTS
1. Birth Certificate
2. Medical certificate
3. ITR or certificate of Employment
4. NBI Clearance or Police Clearance
5. Brgy. Certificate stating that the
applicant is a resident of the
barangay, length of his residence,
and that his is of good moral
character
6. Recent photo and where applicable,
his/her family 24
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