Classification of Child and Youth Welfare Agencies.
ART. 117. Classification of Child and Youth Welfare
Agencies. — Public and private child welfare agencies providing
encouragement, care, and protection to any category of children and
youth whether mentally gifted, dependent, abandoned, neglected,
handicapped, or disturbed children, or youthful offenders.
An institution, whose primary purpose is education, is
deemed to be a child-caring institution when nine or more of its pupils
or wards in the ordinary course of events do not return annually to the
homes of their parents or guardians for at least two months of summer
vacation.
A detention home is a twenty-four hour child-caring
institution providing short term resident care for youthful offenders
who are awaiting court disposition of their cases or transfer to other
agencies or jurisdiction.
A shelter-care institution is one that provides temporary
protection and care to children requiring emergency reception as a
result of fortuitous events, abandonment by parents, dangerous
conditions of neglect or cruelty in the home, being without adult care
because of crisis in the family, or a court order holding them as
material witnesses.
Receiving homes are family-type homes which provide
temporary shelter from ten to twenty days for children who shall during
this period be under observation and study for eventual placement by the
Department of Social Welfare. The number of children in a receiving
home shall not at any time exceed nine: Provided, That not more
than two of them shall be under three years of age.
A nursery is a child-caring institution that provides care
for six or more children below six years of age for all a part of a
twenty-four hour day, except those duly licensed to offer primarily
medical and educational services.
A maternity home is an institution or place of residence
whose primary function it to give shelter and care to pregnant women and
their infants before, during and after delivery.
A rehabilitation center is an institution that receives
and rehabilitates youthful offenders or other disturbed children.
A reception and study center is an institution that
receives for study, diagnosis, and temporary treatment, children who
have behavioral problems for the purpose of determining the appropriate
care for them or recommending their permanent treatment or
rehabilitation in other child welfare agencies.
A child-placing agency is an institution or person assuming
the care, custody, protection and maintenance of children for placement
in any child-caring institution or home or under the care and custody
of any person or persons for purposes of adoption, guardianship or
foster care. The relatives of such children within the sixth degree of
consanguinity or affinity are excluded from this definition.
License Required.
ART. 118. License Required. — No private person,
natural or juridical, shall establish, temporally or permanently, any
child welfare agency without first securing a license from the
Department of Social Welfare.
Such license shall not be
transferable .and shall be used only by the person or institution to
which it was issued at the place stated therein.
No license shall
be granted unless the purpose of function of the agency is clearly
denned and stated in writing. Such definition shall include the
geographical area to be served, the children to be accepted for care,
and the services to be provided.
If the applicant is a juridical
person, it must be registered in accordance with Philippine laws.
Guiding Principles.
ART. 119. Guiding Principles. — The protection and best
interest of the child or children therein shall be the first and basic
consideration in the granting, suspension or revocation of the license
mentioned in the preceding article.
Revocation or Suspension of License.
ART. 120. Revocation or Suspension of License. —
The Department of Social Welfare may, after notice and hearing, suspend
or revoke the license of a child welfare agency on any of the following
grounds:
That the agency is being used for immoral purposes;
That said agency is insolvent or is not a financial position to
support and maintain the children therein or to perform the functions
for which it was granted license;
That the children therein are being neglected or are
undernourished;
That the place is so unsanitary so as to make it unfit for
children;
That said agency is located in a place or community where
children should not be, or is physically dangerous to children or would
unduly expose children to crime, vice, immorality, corruption or severe
cruelty; or
That said agency has by any act or omission shown its
incompetence or unworthiness to continue acting as a child welfare
agency. During the period of suspension, the agency concerned shall not
accept or admit any additional children. In any case, the Department of
Social Welfare shall make such order as to the custody of the children
under the care of such agency as the circumstances may warrant. The
suspension may last for as long as the agency has not complied with any
order of the Department of Social Welfare to remove or remedy the
conditions which have rise to the suspension. The aggrieved agency may
appeal the suspension and/or revocation in a proper court action. In
such a case, the court shall within fifteen days from the filing of the
Department of Social Welfare's answer, conduct a hearing and decide the
case, either by lifting the suspension, or continuing it for such period
of time as it may order, or by revoking the license of the agency where
the Department of Social Welfare has proven the revocation to be
justified.
ART. 121. Responsible Government Body. The governing
body of a child welfare agency or institution shall be composed of civic
leaders or of persons of good standing in the community. The
administrator must be a competent person qualified by education or
experience or both to serve as such.
Child-Caring Institution Serving as Child-Placement Agency.
ART. 122. Child-Caring Institution Serving as
Child-Placement Agency. — An association or corporation may be both a
child-caring institution and a child-placement agency and it may be
licensed to carry out both types of service.
When a license also serves as a child-placement agency it shall
maintain a staff equipped by training to make thorough studies of every
prospective family home. Staff arrangements must also made for
continuing supervision of the children staying in family homes so long
as the children remain in the legal custody of the agency.
ART.
123. Responsible Staff of Employees. — The licensee shall
choose its employees who shall be persons of good health and character,
and whenever possible, the higher rank of employees shall in addition
have training, preferably in child psychology.
Intake Study and Periodic Investigations.
ART. 124. Intake Study and Periodic Investigations. — The
licensee shall undertake investigations to determine if the acceptance
or continued stay of a child in its institution is necessary. Each
licensee shall make provisions for continuing services, including social
casework for every child under its care.
Records.
ART. 125. Records. — The licensee shall keep
confidential records of every child in its study. These records shall be
made available only to such persons as may be authorized by the
Department of Social Welfare or by the proper court.
Home Atmosphere.
ART. 126. Home Atmosphere. — Child welfare agencies
shall endeavor to provide the children with a pleasant atmosphere that
shall approximate as nearly as possible the conditions of an ideal home.
Vocational rehabilitation shall also be provided in accordance with
existing law and the particular needs of the children.
Adequate Diet.
ART. 127. Adequate Diet. — The licensee shall
provide a varied and balanced diet to satisfy the child's total
nutritional requirements.
Clothing.
ART. 128. Clothing. — The licensee shall furnish
clean, comfortable, and appropriate clothing for every child under its
care.
Physical Surroundings and Outings.
ART. 129. Physical Surroundings and Outings. — The
licensee shall maintain a building adequate both an ventilation and
sanitation, and with a safe, clean and spacious playground.
Regular inexpensive periodic outing shall be and important part
of its activities in order to make the children aware of their vital
role in their community and country.
Medical and Nursing Care.
ART. 130. Medical
and Nursing Care. — The licensee shall provide adequate medical and
nursing care for sick children who may be confined due to illness.
Religious Training.
ART. 131. Religious Training. — The licensee shall
provide opportunities for religious training to children under its
custody taking into consideration of the religious affiliation or
express wishes of the child or his parents. For such purpose, it shall
have a defined policy regarding its religious activities for the
information of those wishing to place children in its care.
Annual Report.
ART. 132. Annual Report. — Every child welfare
agency or institution shall submit to the Department of Social Welfare
an annual report setting forth a brief summary of its operations during
the preceding year, including the funds received during said period, the
sources thereof, the purposes for which they were spent and the cast
position of the agency or institution as to the date of the report,
number of children admitted, and such other information as may be
required by the Department of Social Welfare.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
