Dear PAO,
I am still not ready to be a mother to my newborn, and no one in my family knew that I gave birth. This is the reason I was constrained to give away my then 10-day-old baby to a licensed child-caring agency that is near my residence. It was never my intention to abandon my child, and I wanted to make sure that she would be under the care of a licensed agency. May I know if a law specifies the duties and responsibilities of a licensed child-care agency?
Jo
Dear Jo,
Please be informed that under Section 14 of Republic Act 11767, otherwise known as the “Foundling Recognition and Protection Act,” the aforementioned licensed child-caring agency, which is also known as “Safe Haven,” has the following duties and responsibilities:
“Section 14. Duties and Responsibilities of the Safe Haven Provider. – The safe haven provider shall:
Act appropriately to take care of the infant;
“Inform the parent that the parent may, but is not required to answer questions regarding the identity and medical history of the infant;
“Confirm, if practicable, that the parent wishes to permanently relinquish their parental rights and release the infant for adoption; and
“Within the forty-eight (48) hours from the time of relinquishment of the child by birth parent/s to safe haven provider or from the report by a finder that a foundling was discovered, as applicable, inform the NACC through the RACCO that a child has been relinquished in its custody, including all information surrounding the identity and circumstances of abandonment of the child.”
Based on the above-stated law, the licensed child-caring agency or the safe haven provider has the duties and responsibilities to take care of the infant, inform the parents that they are not required to answer questions regarding the identity and medical history of the infant, confirm whether it is practicable that the parent wishes to permanently relinquish their parental rights, and release the infant for adoption. In addition, the safe haven provider should, as applicable, inform the National Authority for Child Care through the Regional Alternative Child Care Office that a child has been relinquished in its custody, including all information surrounding the identity and circumstances of abandonment of the child.
These are the duties and responsibilities of the licensed child-caring agency wherein you have entrusted or relinquished the custody of your baby, who is not more than 30 days old. Please also be informed that should a person be found guilty of violating any provisions of RA 11767, the appropriate penalty shall be imposed against the guilty individual or persons.
We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation 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 dearpao@manilatimes.net.
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