In the Philippines, the Department of Social Welfare and Development (DSWD) acts as the primary agency responsible for the protection and rehabilitation of children who are neglected, abandoned, abused, or in conflict with the law. When a child is placed under the custody of the DSWD—whether in a government-run center like Nayon ng Kabataan or a licensed non-governmental organization (NGO)—the issue of visitation is governed by the principle of the "Best Interests of the Child."
1. Legal Basis for Visitation
The right of a child to maintain contact with their family is recognized under the UN Convention on the Rights of the Child and the Child and Youth Welfare Code (Presidential Decree No. 603). However, once a child is in DSWD custody, visitation is not an absolute right of the parents or relatives; it is a privilege regulated by the state to ensure the child’s safety and psychological well-being.
2. Who May Visit?
While the immediate family is generally prioritized, the DSWD evaluates visitors based on the child's case status:
- Parents and Legal Guardians: Generally permitted unless they are the alleged perpetrators of the abuse that led to the child’s commitment.
- Siblings and Close Relatives: Allowed if the social worker determines that the relationship is beneficial to the child’s rehabilitation.
- Prospective Adoptive Parents: Only allowed after the issuance of a Pre-Adoption Placement Authority (PAPA) or during the supervised trial custody period.
3. The Role of the Social Worker
The Case Manager (Social Worker) has the ultimate authority to recommend the approval or denial of visitation. Every child in custody has a Case Study Report and a Rehabilitation Plan. Visitation is integrated into this plan as a tool for "reintegration" or "reunification."
Note: If a visit is deemed "triggering" or causes the child emotional distress, the social worker may suspend visitation rights temporarily or permanently.
4. General Requirements for Visitors
To maintain security and the privacy of the children, DSWD centers typically require the following before a visit is granted:
- Prior Coordination: Random "walk-in" visits are strictly prohibited. Visitors must schedule the visit at least 3–5 days in advance.
- Identification: Valid government-issued IDs must be presented.
- Background Check: For extended family or non-relatives, the social worker may conduct a brief interview or background check to ensure no harmful intent exists.
- Court Order (If Applicable): In cases where custody is the subject of an ongoing legal battle (e.g., Habeas Corpus or Petition for Custody), a specific court order regarding visitation hours may be required.
5. Standard Rules During Visitation
Visitation typically takes place within the DSWD facility in a designated "visiting area." The following rules are standard across most Philippine residential centers:
| Category | Guidelines |
|---|---|
| Supervision | All visits are supervised by a houseparent or a social worker to monitor the child's reaction and ensure safety. |
| Duration | Visits are usually limited to 1–2 hours, once or twice a month, depending on the center's specific internal rules. |
| Prohibited Items | Sharp objects, medications, and unauthorized electronic devices (phones/cameras) are strictly forbidden to protect the privacy of other children in the center. |
| Gifts and Food | Items brought for the child must be inspected. Perishable food is allowed but must be consumed during the visit or shared according to the center's policy. |
6. Grounds for Denying or Terminating Visitation
The DSWD may deny visitation under the following circumstances:
- Safety Concerns: If the visitor is under the influence of alcohol or drugs.
- Legal Restraints: If there is a Protection Order (Temporary or Permanent) issued by a court against the visitor.
- Risk of Flight: If there is a credible threat that the parent or relative will attempt to "kidnap" the child from the center.
- Child’s Refusal: Under Philippine law, the child's preference is given weight, especially if they are over seven years old. If the child refuses to see the visitor, the DSWD will generally respect that choice.
7. Communication Alternatives
For parents who are overseas (OFWs) or live in remote provinces, the DSWD allows "Virtual Visitation" through monitored video calls or supervised telephone calls, provided these are scheduled and approved by the case manager.