Administrative Code of 1987/Book IV/Title XVI/Chapter 10

by Corazon Aquino

Layout 2

Chapter 10—Social Welfare Agencies and Services

Sec. 23. Social Welfare Services by Others.—Social welfare services by the Ministry shall be without prejudice to similar efforts by any local government unit or private agency, institution or group. All Department units shall actively promote and extend maximum assistance, including the provision of counterpart or supplementary funds and resources, upon approval by the Secretary, to such efforts.

Sec. 24. Social Work Agency.—(1) No social work agency shall operate and be accredited as such unless it is registered with the Department which shall issue the corresponding certificate of registration.

(2) Before any social work agency shall be duly registered, the following requirements must have been complied with:

(a) The applicant must be engaged mainly or generally in social work activity or social services;

(b) The applicant has employed a sufficient number of duly qualified and registered social worker to supervise and take charge of its social service functions in accordance with accepted social work standards;

(c) The applicant must show, in a duly certified financial statement that at least sixty (60) percent of its funds are disbursed for direct social work services; and

(d) The applicant keeps a social work record of all cases and welfare activities handled by it.

(3) A certificate of registration may be revoked if after due investigation, the Department finds that the social work agency has failed to perform its function or has violated existing laws, rules and regulations.

Sec. 25. Child Welfare Agency.—(1) No person, natural or juridical, shall establish any child welfare agency without first securing a license from the Department. 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 or function of the agency is clearly defined 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.

(2) The work of all registered and licensed child welfare agencies shall be supervised and coordinated by the Department.

(3) The Department may, after notice and hearing, suspend or revoke the license of a child welfare agency on any of the following grounds:

(a) That the agency is being used for immoral purposes;

(b) That said agency is insolvent or is not in a financial position to support and maintain the children therein or to perform the functions for which it was granted;

(c) That the children therein are being neglected or are undernourished;

(d) That the place is so unsanitary as to make it unfit for children;

(e) 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

(f) 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 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 to remove or remedy the conditions which have given rise to the suspension. The aggrieved agency may appeal the suspension or revocation in a proper court action. In such a case, the court shall within fifteen (15) days from the filing of the Department'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 has proven the revocation to be justified.

Sec. 26. Foster Homes.—No foster home, day care center and other substitute parental arrangement shall operate unless it is first registered with and licensed by the Department.