Dear PAO,

We have a neighbor who is a foster parent for two kids. However, I think the kids are being neglected and abused. Is there a penalty for a licensed foster parent who abuses his or her foster child?

Owen

Dear Owen,

Please be informed of Section 14 of Republic Act (RA) 10165, otherwise known as the “Foster Care Act of 2012,” which provides:

“SEC. 14. Termination of Placement. – Termination of placement shall be done by the DSWD, upon recommendation of the agency, on the following grounds:

“xxx

“(f) In all cases where placement becomes prejudicial to the welfare of the child, such as, but not limited to, abandonment, maltreatment, sexual assault, violence or other forms of abuse.”

Relative thereto, Rules 11 and 27 of the Implementing Rules and Regulation (IRR) of RA 10165 state that:

“RULE 11. Issuance of Foster Family Care License. –

“11.4. Revocation of Foster Family Care License. – The DSWD 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; xxx

“RULE 27. Penalties. –

“27.1. Any Foster Parent found to be committing any act of neglect, abuse, cruelty, exploitation and other similar acts prejudicial to the Foster Child’s development, shall be penalized in accordance with R.A. No. 7610, otherwise known as “Special Protection of Children Against Abuse, Exploitation and Discrimination Act”, and other applicable laws.” (Emphasis supplied)

Based on the above-stated law and rules, the Department of Social Welfare and Development (DSWD) Field Office shall investigate any report that suggests that the placement of the child with the foster parent is detrimental to the foster child. Further, the Foster Family Care License shall be revoked upon the recommendation of the social worker confirming the existence of any child abuse, exploitation, or neglect.

Moreover, any foster parent found to be committing any act of neglect, abuse, cruelty, exploitation, or any other similar acts prejudicial or detrimental to the foster child’s development, may be held criminally liable under Republic Act 7610, otherwise known as the “Special Protection of Children Against Abuse, Exploitation and Discrimination Act,” and other applicable laws.

In other words, upon the confirmation of the DSWD field office that your neighbor is indeed committing abuse toward his or her foster children, your neighbor’s foster family care license shall be revoked, and he or she may be held criminally liable for the violation of RA 7610 and other applicable laws.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our application of the same. Our opinion may vary when other facts are changed or elaborated on.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]