07, SERIES OF 2015 (Amended AO 11, Omnibus Guidelines on the Domestic Adoption Process) It is the policy of the State to.
Ensure that every child remains under the
care and custody of his/her parent/s and be provided with love, care, understanding and security towards his/her full human development.
Only when such efforts prove insufficient
and no appropriate placement or adoption within the childs extended family is available shall adoption by an unrelated person be considered. Review of AO 11 (Omnibus Guidelines on Domestic Adoption Process) Intent to establish a mechanism and procedures to fast track the placement and local matching of children to prospective adoptive parents (PAPs) in just one venue. Envisioned to hasten the adoption process promoting a shorter stay of children in residential care, hence minimizing the negative effects. National matching conference was then lodged at DSWD-CO with the National Child Welfare Specialist Group (NCWSG) which carries out the matching of a child to an approved PAPs coming from different regions. However, after 4 years of conducting the national matching conference at CO, almost all FOs expressed readiness for the return of the matching conference to the region due to the following reasons: 1. Issues and concerns during the matching conf could be addressed immediately because all the staff concerned are within reach. 2. The likelihood of matching a child to available PAPs in the region with the same culture and identity would be higher 3. The FO will be able to do regular monitoring of the children with the PAPs that they developed and are in the region 4. PAPs will not spend too much on their travelling expenses and accommodation when they take the child from the agency into their custody. 5. Regional matching conference is issued conveniently where SWs will be able to attend thus there would be lesser expenses for transportation 6. The Family Court where the petition will be filed may order the appearance in Court of the DSWD representative to testify on the case, hence the FO would be able to represent the Department 7. The SOO would be able to dedicate more time for its function of monitoring the placement of children and providing technical assistance for FOs. Further, with the passage of RA 10165 (Foster Care Act of 2012) the FOs were advised to organize the CWSG which also serves as the Regional Foster Care Placement Committee (RFCPC). The same body will be the matching committee on all foster placement cases. This MC is issued to amend the old guidelines of the Department on adoption services. Institutionalize the mechanism and procedures to fast track the adoption process particularly on the matching of children to PAPs and the movement of cases of children in order to lessen the negative effects of their prolonged stay in centers and institutions; It supports the Departments policy on de-institutionalization and will facilitate the speedy placement of A. International Instrument 1. United Nations Convention on the Rights of the Child, adopted by the UN General Assembly on November 20, 1989 and ratified by the Philippine Government on July 26, 1990. 2. United Nations Declaration on Social and Legal Principles Relating to the Protection and Welfare of Children with Special Reference to Foster Placement and Adoption nationally and internationally.
3. The Hague Convention on the
Protection of Children and Cooperation in respect of Inter- country Adoption. B. National Policies
1. Republic Act No. 8043 or The
Inter-Country Adoption of 1995 and its implementing Rules and Regulations;
2. Republic Act No. 8552 or The
Domestic Adoption Act of 1998 and its Implementing Rules and Regulations; 3. Department Administrative Order No. 18 series of 2005 entitled Turn Around Period of Local and Inter-Country Adoption. 4. Republic Act No. 9523 or An Act Requiring the Certification of the DSWD to Declare a Child Legally Available for Adoption; 5. RA 10165 (Foster Care Act of 2012) 6. RA 10364 (Expanded Anti-trafficking in Persons Act) 7. RA 7610 (Special Protection for Filipino Children) 8. PD 603 (Child and Youth Welfare Code) FEATURES OF THE MEMO CIRCULAR 07, SERIES OF 2015 (AMENDED AO II, SERIES OF 2009, ENTITLED OMNIBUS GUIDELINES ON THE DOMESTIC ADOPTION PROCESS) General: Ensure permanent placement of a child needing an adoptive family. Specific: 1. Improve the quality of the management of cases of children and PAPs through an effective and efficient implementing procedure on the domestic adoption process. 2. Facilitate placement thru matching of legally available children for adoption to approved PAPs 3. Improve the monitoring system and the placement of children by the ARRS of the Field Office and ARRO at the Central Office. 4. Systematize the assessment and placement of children that are already in the care of unrelated person/s prior to application. 5. Hasten issuance of the Pre- adoption placement authority (PAPA) and Affidavit of Consent to Adoption (ACA) 6. Define the roles and functions of CWSG to serve as matching committee. COMPARISON OF THE GUIDELINES AO 11, SERIES OF 2009 MC 07, SERIES OF 2015
The matching Matching is done
conference for already by the adoption cases is Regional Child only done by the Welfare National Child Specialist Group Welfare Specialist including the Group. foster cases COMPARISON OF THE GUIDELINES AO 11, SERIES OF 2009 MC 07, SERIES OF 2015 The matching conference is done at Same least twice a month nut not exceeding 4 times guidelines by the NCWSG. Only those NCWSG member who is not an employee of DSWD receives honorarium per matching conference. COMPARISON OF THE GUIDELINES AO 11, SERIES OF 2009 MC 07, SERIES OF 2015 Composition of NCWSG Same 1. One SWO III of DSWD whose expertise is on composition child welfare cases. 2. A lawyer 3. A pediatrician 4. Psychologist/psychiatrist 5. A representative of NGO COMPARISON OF THE GUIDELINES AO 11, SERIES OF 2009 MC 07, SERIES OF 2015 The Pre-adoption The PAPA and ACA Placement Authority (PAPA) and the Affidavit will already be of Consent (ACA) is issued at the Field only issued by the Office through the Central Office through Regional Director the SOO Director for the PAPA and the or his/her Secretary or authorized authorized rep for the ACA. representative. COMPARISON OF THE GUIDELINES AO 11, SERIES OF 2009 MC 07, SERIES OF 2015 Initial Child Study If applicable, the managing SW may write and submit only one Report is submitted to (1) case study report integrating CO for the CDCLAA. her assessment and recommendation for CDCLAA, After the issuance of ACA and PAPA. (IP cases) CDCLAA, an updated The CO shall be provided by the FO with copy of the documents CSR and Home Study as basis of the CDCLAA. Report will then be No PAPA and PAPA shall be again submitted to issued by the FO unless the CDCLAA has been issued CO for issuance of already. ACA and PAPA. COMPARISON OF THE GUIDELINES AO 11, SERIES OF 2009 MC 07, SERIES OF 2015 For cases with For simulated birth simulated birth cert cases, a petition certificates, the for the cancellation of simulated birth application for cert shall be filed in CDCLAA is court. The copy of accepted attaching the petition shall be the simulated birth attached to the cert. dossier for CDCLAA issuance. COMPARISON OF THE GUIDELINES AO 11, SERIES OF 2009 MC 07, SERIES OF 2015 For regular adoption, the The ACA is issued ACA of the Department simultaneously with the will not be issued unless PAPA within 5 days after the PAPs has completed the child has been the six month supervised placed to the PAPs. trial custody AFTER the The supervised trial child has been matched and placed with them. custody will be done thru the Court while the Only after 6 months that case is on-going the PAPs can file adoption case in court. hearing. 1. The childs best interest and welfare shall be the paramount consideration in all matters relating to the care, protection, custody and adoption of the child. 2. All efforts to prevent the child from unnecessary separation from biological parents 3. Children with special needs shall be cleared immediately for intercountry adoption unless local PAPs that can respond to the needs of the child are available such as: with special medical needs like cerebral palsy, heart or kidney ailments, blindness, ADHD, HIV/AIDS -mentally challenged and/or with mental developmental delay/history -with other types of disabilities -born out of incest relations/rape/victim of rape -siblings group -for relative adoption for intercountry placement 4. Assessment of a child whose family is 4Ps beneficiary should focus on the family preparation in terms of how they can keep the child instead of relinquishing him/her for adoption unless otherwise it is harmful for the child to be with his/her family such as when the child is experiencing maltreatment, rape, etc. 5. Families that have been providing care to a child eligible for adoption shall be given priority for adoption of same child/children, provided that they are qualified to adopt a child. During the petition or CDCLAA process and in the course of completion of requirements, the child may remain in the custody of the family. 5. Invite an IMAM in the matching conference in case there is/are Muslim children for matching 6. Facilitate the signing of Certificate of Matching for children matched and Regional Clearance for children not matched by the CWSG members and endorse to the RD for his/her approval. The clearance together with the dossier shall be submitted to CO. 7. Licensed foster parent/s who decide to adopt the child/ren under their care shall be allowed to do so, provided that they are qualified to adopt and that the child they want to adopt is legally free for adoption and not yet matched to other prospective adoptive parents, either domestic or inter- country. The same thorough study must be made on the licensed foster families to determine their motivation, capacities and potentials as PAPs. 8. Placement of a child locally shall be exhausted and only when this is not possible shall inter-country adoption be considered. 9. Religious Affiliation as a criteria shall only be considered if the child has reached an age and level of understanding of religious practices. Generally, the age at which understanding can be said to occur would be 6 years old and above. 10. The Department shall not allow non-acceptance of the child by the PAPs to whom the child was matched or non-acceptance of the PAPs matched to a child under the care of the agency, by such agency unless for a justifiable reason per evaluation of the DSWD.