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THE CHILD’S RIGHT TO GROW UP IN A FAMILY. THE CHILD’S RIGHT TO GROW UP IN A FAMILY. Foster Care in the Philippines. Introduction. Brief Description of the Situation of Children in Need of Special Protection (CNSP) The Response by Government and NGOs
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THE CHILD’S RIGHT TO GROW UP IN A FAMILY THE CHILD’S RIGHT TO GROW UP IN A FAMILY Foster Care in the Philippines
Introduction • Brief Description of the Situation of Children in Need of Special Protection (CNSP) • The Response by Government and NGOs • Status of the Implementation of Foster Care • Challenges
The Situation of Children without Parental Care The Socio-economic Condition in the Country • Population is approx. 85.2M with annual growth of nearly 2.4M. One out of 3 Filipinos live below poverty threshold of P11,906 per year (US$ 235.00) • Unemployment rate is nearly 12% and underemployment is 17% • Approx. 8M Filipinos have to work abroad and sent some US$8.5B last year. This has helped keep our economy afloat! NSO 2000
The Children • 43.4% or 36.9 million children or below 18 years • 15% or 12.7 million children between 0-5 yrs. • On Health • Infant mortality is 30.7:1,000 live births • Under five mortality is 39.2:1,000 live births Causes: Respiratory conditions, Pneumonia, Congenital anomalies, Birth injuries, Meningitis • 38 children are HIV positive 15 children have full blown AIDS 9 children have died HIV/AIDS Registry 2002
Child Abuse • Types Female Male • Abandoned 560 519 • Neglected 1,307 1,242 • Sexually abused/incest 4,065 64 • Sexually exploited 255 29 • Physically abused 784 656 • Sub-total 6,971 2,510 • Total 9,481 (48% are sexual abuses) DSWD 2002
Commercial Sexual Exploitation of Children • Trafficking • Child Prostitution • Child Pornography Victims of commercial sexual abuse are: • mostly female, ages 13-18 • initiated into sex as early as age 10 • belong to large families • mostly out of school/drop-outs Total Male Female 1.392 103 1,289 Framework of Action Commercial Sexual Exploitation of Children
Child Labor • 4 million child laborers • 59.4% or 2.4 million are exposed to hazards • 6.10 children are unpaid • 60% are in agricultural areas • 36.5% do not go to school 2001 Survey on Children by NSO
Street Children • Highly visible children: more than 4 hours on the streets • National estimate: 45,000 • 75% with families • 20% refrain from going home • 5% without families DSWD National Project on Street Children 2003
Children in Conflict with the Law (CICL) • usually male • between ages 14-17 • elementary graduates • middle child from low income family • charged with property related crimes, rape and murder • exposed to drugs or gang influence
Children in Conflict with the Law cont. PNP Data 2003 • Cases Handled 4,279 DSWD Data 2003 • Center-based 1,343 • Community-based 7,986 BJMP Data as of June ’04 • Sentenced 80 • Detained 1988 DSWD Data 2003
Children in Situations of Armed Conflict • as combatants, couriers, guides, medical aides or spies • 13-18% of armed rebel groups • 115 child combatants captured or surrendered DSWD 2002 Report AFP 2002 Report
Children in Various Circumstances of Disability • more boys than girls • 1-5 children in 0-6 age bracket has some form of disability • 10-14 age group has the highest prevalence rate • more than half are acquired and can be prevented 2000 NSO Census
Increasing Number of Children in Child Caring Institutions • 8,338 children (1998-2002) • 57% male • 33% 92,733 between the ages of 6-12 years old
Reasons for the admission of children to residential care • Poverty • Family dysfunction • Domestic violence • Solo Parenting • Abandonment • Imprisonment of parents
The Response by Government and NGOs • The Legal Mandates International Instruments • Convention on the Rights of the Child (July 1990) • Hague Convention on the Protection of Child and Cooperation in Respect to Intercountry Adoption • Optional Protocol to the CRC on the Sale, Child Prostitution and Child Pornography, 25 May 2000 Prostitution and Child Pornography, 25 May 2000
Philippine Laws, Policies and Protocols • The Child and Youth Welfare Code (December 1974) • Special Protection of Children Against Abuse, Exploitation and Discrimation Act (June 1992) • Domestic Adoption Law (February 1998) • Intercountry Adoption Law (June 1995) • Anti-Trafficking in Persons Act of 2003 • Anti-Violence Against Women and Their Children Act of 2004 • Policy on De-Institutionalization of Children (June 2004) • Turn Around Period on Local and Inter-country Adoption (September 2005) • Juvenile Justice Act of 2006
Residential Care • 177 NGOs operate 197 residential care facilities for children with an average capacity of 30-40 beds • DSWD operates 46 residential care facilities for children with an average capacity of 50 beds • Local government units (LGUs) operate 53 residential care facilities for children
Duration of stay of children in residential care • Average of 6 months to 3 years stay • Older male children tend to stay longer
Discharge of Children (1998-2002) 8,338 served • 42% reintegrated to their families • 9% transferred to other residential facilities for long term care • 5% placed for adoption • 2% for independent living program • 39% either left the center without permission/run away, still in care or died DSWD 2003
Factors which hinder the discharge of children • Slow legal procedures particularly in the involuntary commitment or declaration of abandonment of children • Lack of foster and adoptive families • Difficulty in reintegrating children to their families due to extreme poverty, rejection and lack of support of the family • Need for continuing medical treatment and educational opportunities • Poor case management and too many caseload of social workers
Independent Living • A group of 8 to 10 older children of the same sex live together in the same house on their own and supervised by a social worker • Children are provided with educational opportunities • Implemented by very few NGOs working with young people/youth
Adoption: Domestic and Intercountry • 5,574 children placed for adoption in 2002-2004 • 4.837 adopted domestically • 737 adopted abroad • 359 families applied for correction of birth registration (1998-2001)
Foster Care • Formally introduced in 1962 • Implemented by the DSWD, 6 NGOs and very few LGUs • Existing policies and guidelines • Foster Care Association of the Philippines (FCAP) as support group for foster families • Foster Care for physically and mentally challenged children • Foster Care for street children • Kinship Care
Table 5. Distribution of Foster Homes by Type & Agency GOVERNMENT
Challenges • Passage of the Bill on Foster Care • Passage of the Bill on Involuntary Commitment of Children • A need to shift from center-based to community based approaches for temporary out of home care for children • Build, expand and strengthen partnerships and alliances between and among government line agencies, LGUs, NGOs and the various sectors of civil society to mobilize more resources for sustainability of community-based programs • Continuing need to hone and upgrade knowledge and skills of foster families and social workers
Challenges cont. • Develop a manageable data base and monitoring and evaluation system on children in various forms of alternative care • Undertake research studies on children in alternative care to support planning, policy and program development • Strengthen the enforcement of laws protecting children • Organize an Asian Network on Foster Care